HomeMy WebLinkAbout20181638 Ver 3_More Info Requested_20200612DocuSign Envelope ID: 426913275-1 B5F-4294-ACEA-2D61 D89B3E82
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 12, 2020
DWR # 20181638 v3
Alamance & Rockingham Counties
Mountain Valley LLC
Attn: Kathy Salvador
700 Universe Boulevard
Juno Beach FL 33408
Subject: REQUEST FOR ADDITIONAL INFORMATION
MVP Southgate Project
Dear Ms. Salvador:
On August 14, 2019, the Division of Water Resources (Division) received your application dated August
9, 2019, requesting a 401 Individual Water Quality Certification and Jordan Lake Buffer Authorization
(15A NCAC 02B .0267) from the Division for your project. Since initial application the Division has
received additional information regarding the application, most recently in March, April and May of
2020. In addition, on November 19, 2019, the Division held a Public Hearing regarding your application
and received comments from the public until December 20, 2019. Upon review of the additional
information submitted and continued review of the comments received during the public notice and
comment period, the Division has determined that your application is incomplete and cannot be
processed. The application is on -hold until all of the following information is received:
The Pre -Construction Notification Form (application) that was submitted on August 14, 2019
states that the applicant for this project is Mountain Valley, LLC. FERC documentation related to
this project indicate that the project will be developed, constructed, and owned by Mountain
Valley Pipeline LLC. Please clarify this discrepancy and include information regarding the
applicant/permittee for the associated Federal and State environmental permits for the MVP
Southgate Project in Virginia and the Mountain Valley Pipeline Project (mainline).
2. The Division received numerous comments expressing concern over the potential construction
of the MVP Southgate Project when Mountain Valley Pipeline Project (mainline) is currently
under a stop work order and multiple legal delays/complications. As stated in the 401
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DocuSign Envelope ID: 426913275-1 1351`4294-ACEA-21D61 D89133E82
Mountain Valley LLC
DWR# 20181638 v3
Request for Additional Information
Page 2 of 3
application documents, the overall purpose of the MVP Southgate Project is "to provide a
timely, efficient, and cost-effective means of transporting natural gas from the existing terminus
of the Mountain Valley Pipeline in Pittsylvania County, Virginia to the T-15 Dan River
Interconnect in Rockingham County and then on to the T-21 Haw River Interconnect in
Alamance County, North Carolina, so that the natural gas may be distributed to local and
regional end users via those interconnects." In order for the Division to adequately address
these comments as part of the review of the 401 Water Quality Certification application, please
provide the following information with respect to these concerns:
a. An update on the status of all Federal and State permits necessary for the construction
of the MVP Southgate Project in Virginia and the Mountain Valley Pipeline Project
(mainline);
b. To the extent not covered under paragraph a, an update of all environmental permits
necessary for the construction of the MVP Southgate Project in Virginia and the
Mountain Valley Pipeline Project (mainline);
c. An update on the status of all Federal and State litigation related to the MVP Southgate
Project and the Mountain Valley Pipeline Project (mainline);
d. A summary of all Federal and State compliance and enforcement actions (both resolved
and pending) relating to the MVP Southgate Project in Virginia and the Mountain Valley
Pipeline Project (mainline);
e. An update on recent Federal and State legislation that affects the construction of MVP
Southgate Project and the Mountain Valley Pipeline Project (mainline), including VA
HB167;
f. An explanation of the proposed phasing of construction and in-service date projections
for both the MVP Southgate Project and the Mountain Valley Pipeline Project (mainline),
including an explanation as to whether and to what extent construction is to occur
simultaneously on the MVP Southgate Project and the Mountain Valley Pipeline Project
(mainline); and
g. An explanation as to how the information for each item (a-f) above affects the MVP
Southgate project in North Carolina.
Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B .0267, the applicant shall furnish all of the
above requested information for the proper consideration of the application. Please respond in writing
within 15 calendar days of receipt of this letter by submitting all of the above requested information
through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above).
If all of the requested information is not received within 15 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Water Quality Certification Rules or the
Jordan Lake Riparian Buffer Rules for this activity and any work done within waters of the state or
riparian buffers may be a violation of North Carolina General Statutes and Administrative Code.
DocuSign Envelope ID: 426913275-1 B5F-4294-ACEA-2D61 D89133E82
Mountain Valley LLC
DWR# 20181638 v3
Request for Additional Information
Page 3 of 3
Please contact Sue Homewood at 336-776-9693 or Sue. Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
EDocuSigned by:
Poyof
8FB19B649DD2478...
Jeff Poupart, Chief
Water Quality Permitting Section
cc: Heather Patti, TRC Environmental Corporation (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
Todd Bowers, EPA (via email)
Christopher A. Militscher, Chief, NEPA Section, Strategic Programs Office, USEPA, 61 Forsyth St
SW, Atlanta GA 30303
Maria Clark, NEPA Section — Region 4, USEPA, 61 Forsyth St SW, Atlanta GA 30303
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit