Loading...
HomeMy WebLinkAbout20181638 Ver 1_PCN Application and Cover_20181130MVP TSOUTHGATE November 30, 2018 Mr. David Bailey United States Army Corps of Engineers -Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 SAW -2018-00887 Via Safe Upload Ms. Karen Higgins North Carolina Department of Environmental Quality Division of Water Resources 401 & Buffer Permitting Unit, Wetlands Branch 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 625 Liberty Avenue, Suite 1700 1 Pittsburgh, PA 15222 833 -MV -SOUTH I mail@mvpsouthgate.com www.mvpsouthgate.com RE: MVP Southgate Project, Rockingham and Alamance Counties, North Carolina Pre -Construction Notification for Nationwide Permit 12 (SAW -2018-00887) Request for Individual 401 Water Quality Certification Authorization for Buffer Impacts in Jordan Lake Watershed Dear Mr. Bailey and Ms. Higgins, Please find attached a completed Joint Permit Application for the MVP Southgate Project ("Project"). Mountain Valley Pipeline, LLC ("Mountain Valley") is proposing to construct and operate the Project to provide timely, cost-effective access to new natural gas supplies to meet the growing needs of natural gas users in the southeastern United States, with most of the increased supply slated for use by homes and businesses in North Carolina. The Project is a separate project from the 303 -mile Mountain Valley Pipeline that is currently under construction. The Project includes an approximate 0.4 -mile -long 24 -inch -diameter pipeline (H-605), 73 miles of 24- and 16 -inch - diameter natural gas pipeline (H-650), a new 28,915 nominal horsepower compressor station (Lambert Compressor Station), meter stations and other ancillary facilities (e.g. contractor yards and access roads) required for the safe and reliable operation of the pipeline. The Southgate Project facilities will be located in Pittsylvania County, Virginia, and Rockingham and Alamance Counties, North Carolina. The North Carolina portion of the Project includes approximately 47 miles of the proposed pipeline, two meter stations/interconnections, and ancillary facilities (e.g. access roads, contractor yards). The enclosed application includes the completed Pre -Construction Notification form and supplemental information (narratives, tables, figures, and plans) for the North Carolina portion of the Project. A check made out to the NC Division of Water Resources in the amount of $570 is included for processing of the North Carolina Water Quality Certification ("WQC"). The Project is seeking verification under a U.S. Army Corps of Engineers ("USACE") Nationwide Permit ("NWP") 12 for utility line activities, an Individual 401 WQC from the State of North Carolina, and authorization to construct the Project within riparian buffers in the Jordan Lake Watershed. The Project is designed and will be constructed in accordance with the NWP 12 general terms and conditions, the USACE Wilmington District regional general NWP and specific NWP 12 conditions, and the allowable uses (with mitigation) for non -electric utility line projects in the Jordan Lake Watershed buffer rules. The Project has also been designed to avoid and minimize effects to water quality in North Carolina. The Project is submitting a separate application to the Virginia Marine Resources Commission, USACE-Norfolk District (NAO-2018-) and Virginia Department of Environmental Quality for the portion of the Project in Virginia. Additionally, the Project is seeking a Certificate of Public Convenience and Necessity from the Federal Energy Regulatory Commission pursuant to Section 7(c) of the Natural Gas Act to construct and operate the Project, under Docket No. PF18-4-000. We look forward to working with you and your staff on this project. If you have any questions or comments regarding the information provided in the attached application, or need additional information, please do not hesitate to contact Alex Miller at 713-374-1599 or via email at alex.miller(d-)nee.com or me at 561-691-2808 or via email Matthew. Raffenberg(d_)fpl.com. Regards, Matthew Raffenberg Senior Director, Environmental Services Mountain Valley Pipeline, LLC. CC: Alex Miller, MVP John Zimmer, TRC Lisa Walker, TRC Heather Patti, TRC 1`I MVP TSOUTHGATE o�c� NNA rEgQc Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): NX 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes NX No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. NX Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: MVP Southgate Project 2b. County: Rockingham and Alamance 2c. Nearest municipality / town: Multiple between Eden and Graham - see Figure 1 and Appendix A 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Multiple - provided under separate confidential cover 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: 4b. Name: Matthew Raffenberg 4c. Business name (if applicable): Mountain Valley, LLC. 4d. Street address: 700 Universe Blvd 4e. City, state, zip: Juno Beach, Florida 33408 4f. Telephone no.: 561-691-2808 4g. Fax no.: 4h. Email address: Matthew.Raffenberg@fpl.com 5. Agent/Consultant Information (if applicable) 5a. Name: Heather Patti 5b. Business name (if applicable): TRC Environmental Corporation 5c. Street address: 5540 Centerview Drive, Suite 100 5d. City, state, zip: Raleigh, North Carolina 27606 5e. Telephone no.: 919-256-6236 5f. Fax no.: 919-838-9661 5g. Email address: HPatti@TRCSolutions.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Multiple - provided under separate confidential cover 1 b. Site coordinates (in decimal degrees): Latitude: 36.384175 Longitude: -79.63296 1 c. Property size: 1,200 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Multiple - see Table 3-2, Appendix A and Appendix K 2b. Water Quality Classification of nearest receiving water: Multiple - see Appendix K 2c. River basin: Roanoke and Cape Fear; See Table 2-1 & Appendix A 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See Section 2.0, Appendix J & Appendix K for Existing Conditions information. 3b. List the total estimated acreage of all existing wetlands on the property: 46.43 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 89,968 3d. Explain the purpose of the proposed project: See Section 2.1 in the attached narrative. 3e. Describe the overall project in detail, including the type of equipment to be used: See Section 2.0 in the attached narrative. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): TRC Environmental - See data sheets in AppendixK Agency/Consultant Company: TRC Environmental Corporation Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Corps PJD site visits took place on September 5th, 11th and 25th, 2018. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands Q Streams — tributaries ❑X Buffers ❑X Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: See Appendix L-1. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one - S3 - Choose one - S4 - Choose one - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: See Appendix L-2. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: See AppendIX L-2. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: Not Applicable to Project. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑X Other:Jordan Lake 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: See Table 4-3 in the attached narrative for buffer mitigation calculations. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Section 4.4 in the attached narrative. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Sections 2.5, 4.3 and 4.4 in the attached narrative. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 0 Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: TBD 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 'ample The Project is discussions with mi igation BanKS to obtain reservation letters. There are mitigation credits available. 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑X Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). See Table 4.3 and Appendix M for buffer impacts. The Project is discussions with private mitigation banks to obtain reservation letters. There are ample mitigation credits available. 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The Project is developing this plan in conjunction with the Project -Specific Erosion and Sediment Control Plans be in 2019. ❑ Yes ❑X No and will submitted early 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? oda 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The Project is developing this plan in conjunction with the Project -Specific Erosion and Sediment Control Plans and will be submitted in early 2019. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑X No attached? 4. DWQ Stormwater Program Review El Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): F-1 Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, El Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in F1 Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. See Section 5.3 in the attached narrative. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The Project will not create or dispose of sewage. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Section 5.5 in the attached narrative, 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? National Oceanic and Air Administration - National Marine Fisheries Service Essential Fish Habitat Mapper Tool. See Section 5.6 in the attached narrative. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See Section 5.7 in the attached narrative. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements; See Section 5.8 in the attached narrative. 8c. What source(s) did you use to make the floodplain determination? FEMA 100 -year Floodplain Maps - See Appendix Q. Matthew Raffenberg - November 30, 2018 Applicant/Agent's Printed Name Applicant/Agent's Si Kature (Agent's signature is valid only i n authorization Date letter from the applicant isprovided.) Page 10 of 10