HomeMy WebLinkAbout20181638 Ver 1_Additional Info Requested_20190110ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mountain Valley LLC
Attn: Matthew Raffenberg
700 Universe Boulevard
Juno Beach FL 33408
NORTH CAROLINA
Environmental Quality
January 10, 2019
DWR # 20181638
Rockingham & Alamance Counties
Subject: REQUEST FOR ADDITIONAL INFORMATION
Mountain Valley Pipeline — Southgate (MVP Southgate)
Dear Mr. Raffenberg:
On November 30, 2018, the Division of Water Resources — Water Quality Programs (Division)
received your application dated November 30, 2018, requesting a 401 Individual Water Quality
Certification and Buffer Authorization from the Division for your project. 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:
Please provide the Division with a copy of your response to the US Army Corps of
Engineers request for more information dated December 28, 2018. [15A NCAC 02H
.0502(c)]
2. The application documentation notes that the pipeline construction sequence includes
clearing and grubbing of the project right away. Clarify the linear schedule for clearing
and grubbing. For instance, will the entire linear length be cleared and grubbed,
including all wetland and buffer areas prior to initiation of the next phase of
construction? What means and/or measures will be taken to ensure protection of
waters of the state and protected riparian areas for the maximum time feasible? [15A
NCAC 02H .0506(f) and (g)]
3. Section 4.4 of the Project Description notes that Impact Avoidance and Minimization
Measures include "Cutting trees to grade, and only removing stumps from directly over
the trench, or where safety dictate otherwise..." This statement appears to contradict
Section 2.4.2 and Figure 2 which describe Typical Pipeline Construction Sequence as
complete clearing and grading of the entire project corridor. Please clarify. [15A NCAC
02H .0506(f) and (g)]
E Q � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA ��
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Mountain Valley LLC
DWR# 20181638
Request for Additional Information
January 10, 2019
Page 2 of 3
For the portion of the project within the Jordan Lake watershed [15A NCAC 02B .0267]:
4. Provide route maps that show the proposed route and all impact areas overlaid onto the
published county soil survey maps and USGS Topo maps. Please also clearly identify any
streams that were determined to be "not present in the field" by DWR staff and
therefore not subject to the Jordan Buffer Riparian Buffer Rules.
5. Provide a table that indicates which stream features are subject to the Jordan Lake
Riparian Buffer Rules in accordance with the maps and site visit determinations noted in
Item #3 above.
6. Modify Table 4.3 to indicate which stream impacts are being included in the Buffer
Authorization request and which stream impacts will be requested under a major
variance to be submitted separately.
7. All impacts from access roads should be accounted for as Road Impacts, or Temporary
Road Impacts under the Table of Uses. Please clearly identify these on Table 4.3 (or
other impact table) and calculate mitigation accordingly.
8. Provide impact maps with hatching or shading to clearly identify areas proposed (and
calculated) as temporary impacts and areas proposed to be within a permanent
maintenance corridor. Please provide impact drawings at a greater scale to clearly show
details as necessary.
9. Provide mitigation acceptance/commitment letters from private Mitigation Banks
and/or DMS to meet the Jordan Lake buffer mitigation requirements. The mitigation
plan must comply with 15A NCAC 0213 .0295 and G.S. 143-214.20.
10. Provide a description of Jordan Lake Riparian Buffer restoration within Section 2.5 of the
Project Description.
11. Provide a description of the proposed permanent operation and maintenance plan for
areas subject to the Jordan Lake Buffer Rules within Section 2.8 of the Project
Description.
Please note that due to the large volume of information submitted and the significant
amount of information being requested in this letter, the Division has not completed its
review and additional requests for more information may be necessary.
Mountain Valley LLC
DWR# 20181638
Request for Additional Information
January 10, 2019
Page 3 of 3
Pursuant to Title 15A NCAC 02H .0502(e) and Title 15A NCAC 0213 .0267, the applicant shall
furnish all of the above requested information for the proper consideration of the
application. Please respond in writing within 30 calendar days of receipt of this letter by:
• Sending one (1) copy of all of the above requested information to the 401 & Buffer
Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617,
• Sending one (1) copy of all of the above requested information to Sue Homewood, 450
West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105, and
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 30 calendar days of receipt of this
letter, the Division will be unable to approve the application and it will be returned. The return
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
Jordan Lake Buffer Rules for this activity and any work done within waters of the state or
protected riparian buffers may be a violation of North Carolina General Statutes and
Administrative Code.
Contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
c'4UA-�
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Heather Patti, TRC Environmental Corporation (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 20181638 MVPSouthgate(RockinghamAlaman ce)_401_IC_HOLD