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