HomeMy WebLinkAbout20181638 Ver 2_Major Variance Application_20190208Ms. 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
Ms. Sue Homewood
North Carolina Department of Environmental Quality
Division of Water Resources
Water Quality Regional Operations Section
450 West Hanes Mill Road, Suite 300
Winston-Salem, North Carolina 27105
625 Liberty Avenue, Suite 1700 I Pittsburgh, PA 15222
833 -MV -SOUTH I mail@mvpsouthgate.com
www.mvpsouthgate.com
February 8, 2019
RE: MVP Southgate Project
Major Variance Request for non -perpendicular stream crossings within the Jordan Lake Watershed,
15A NCAC 0213 .0267
Dear Ms. Higgins & Ms. Homewood:
Mountain Valley Pipeline, LLC ("Mountain Valley") is requesting a Major Variance for construction and operation of
the MVP Southgate Project within the Jordan Lake Watershed. Mountain Valley is requesting the variance in
association with non -perpendicular stream crossings that will impact portions of the Zone 1 and Zone 2 buffers within
the Jordan Lake Watershed.
Specific conditions associated with Footnotes 1 and 4 for non -perpendicular crossings of riparian buffers by Utility
Non -Electric Corridors are detailed in the table below, along with whether the project can meet the condition, and
whether a variance for the condition is being requested. Project details and a summary of the justification for the
variance for each item is included in the attached variance form (VAR 10-2013), and detailed explanations and
discussions are included in Appendix D.
Condition of the Jordan Lake Buffer Rules for non -perpendicular
crossings of riparian buffers by Utility Non -Electric Corridors
Project
compliance
Variance
Requested
Footnote 1
No heavy equipment is used in Zone One
No
Yes
Vegetation in undisturbed portions of the buffer is not compromised
Yes
No
Felled trees are removed by chain
No
Yes
No permanent felling of trees occurs in protected buffers or streams
No
Yes
Stumps are removed only by grinding
No
Yes
At the completion of the project the disturbed area is stabilized with
native vegetation
Yes
No
Zones one and two meet the requirements of Sub -Items (7) and (8) of
this Rule
Yes
No
Condition of the Jordan Lake Buffer Rules for non -perpendicular
Project
Variance
crossings of riparian buffers by Utility Non -Electric Corridors
compliance
Requested
Footnote 4
Woody vegetation shall be cleared by hand. No land grubbing or
No
Yes
grading is allowed
Vegetative root systems shall be left intact to maintain the integrity of
No
Yes
the soil. Stumps shall
remain, except in the trench where trees are cut
Underground cables shall be installed by vibratory plow or trenching
Yes
No
The trench shall be backfilled with the excavated soil material
Yes
No
immediately following cable installation
No fertilizer shall be used other than a one-time application to re-
No
Yes
establish vegetation
Construction activities shall minimize the removal of woody vegetation,
the extent of the disturbed area, and the time in which areas remain in
Yes
No
a disturbed state
Measures shall be taken upon completion of construction and during
routine maintenance to ensure diffuse flow of stormwater through the
Yes
No
buffer
In wetlands, mats shall be utilized to minimize soil disturbance
No
Yes
Due to the linear nature of the proposed project, and the multitude of factors including various agencies, landowners,
and sensitive resources, that could necessitate route adjustments to the currently proposed route, the project
requests that as part of this variance the Water Quality Committee issue a project specific condition to the variance
approval authorizing the Director (or delegated staff) to review and approve minor modifications to the variance
approval. This project specific condition would act as a modification to the existing "Delegation of Minor Modifications
to Approved Major Variances to the Director" issued on March 13, 2013 as indicated below in bold text.
As a condition of this delegation, the Director shall send any requests for modifications to approved major variances
to the Water Quality Committee if any of the following criteria are not met:
1. The proposed modification(s) do(es) not change the original preliminary findings that all of the
requirements for a Major Variance have been met pursuant to 15A NCAC 02B .0233(9)(a), 15A
NCAC 02B .0250(12)(a), 15A NCAC 02B .0259(9)(a), 15A NCAC 02B .0267(12)(a), or 15A NCAC
02B .0606(I)(a);
2. Any route adjustment that necessitates a modification must obtain any necessary approval from
the Federal Energy Regulatory Commission prior to the impact;
3. The modification(s) do not result in a net increase to impacts (either direct or indirect) to buffers
or water quality; it may be assumed there is no net increase in impacts if the area of any new or
increased impacts is offset by a comparable reduction in the area of impacts, such that the total
area of impacts to Zone One buffers in the Jordan Lake Watershed remains equal to or less than
the total area approved as part of the major variance process,
4. The requested modification(s) comply with the original Commission's approval with conditions or
stipulations and;
5. The purpose of the project is unchanged.
Enclosed is the completed variance form (VAR 10-2013) and required attachments including the USGS Quad maps,
published soil survey maps, and site-specific impact maps for non -perpendicular stream crossings for which
Mountain Valley is seeking a variance. Also, in accordance with 15A NCAC 02B.0267, Mountain Valley is providing
an alternatives analysis demonstrating the need for the variance as well as the specific hardships that prevent
Mountain Valley from being able to fully comply with the buffer rules at the non -perpendicular stream crossings.
Should you have any questions regarding the enclosed documents or require any further information to complete
your review of the Project, please do not hesitate to contact Alex Miller at 713-374-1599 or via email at
alex.millerCa7r7exteraer7ergy.corr or me at 561-691-2808 or via email Maithew.Raffenberg0f I.Co . Thank you for
your consideration.
Sincerely,
Mountain Valley Pipeline, LLC
Matthew Raffenberg
Senior Director, Environmental Services
Attachments
CC:
David Bailey, USACE
Jean Gibby, USACE
Todd Miller, USACE
Travis Faul, MVP
Heather Patti, TRC
Kevin Martin, S&EC
DWR
Dtvision of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 02B.0233)
❑ Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 02B.0259)
❑ Major Variance ❑ Minor Variance
1d' Jordap Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267)
y Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 02B.0607)
A. General Information
1. Applicant's Information (if other than the current property owner):
Name: Mountain Vallev Pipeline. LLC and its successors: Attn: Matthew Raffenbe
Title: Senior Director, Environmental Services
Street Address: 700 Universe Blvd
City, State & Zip: Juno Beach, Florida 33408
Telephone: 561-691-2808
Email: Matthew. Raffenberel@fpl.com
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name: Multiple — Provided under separate confidential cover
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10-2013
3. Agent Information:
3a. Name: Heather Patti
Company Affiliation: TRC Environmental Corporation
Street Address: 5540 Centerview Drive, Suite 100
City, State & Zip: Raleigh, North Carolina 27606
Telephone: 919-256-6236
E-mail: HPatti lcDtresolutions.com
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
MVP Southgate Prosect
5. Project Location:
5a. Street Address:
Multiple — provided under separate confidential cover
City, State & Zip: Multiple between Eden and Graham, North Carolina — See Appendix A
5b. County: Rockingham and Alamance
5c. Site Coordinates (in decimal degrees): Origin: 36.21'29.73" N Terminus: 36.02'41.29" N Latitude
Oriein: 79.37'57.99" W Terminus: -79.21'54.84" W Loneitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
See Attached —Appendix A.
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
See Attached —Appendix B.
6. Property Information:
6a. Property identification number (parcel ID): Multiple — Provided under separate confidential cover
6b. Date property was purchased:
6c. Deed book
6d. Map book
and page number
and page number
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in oneof he 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
❑ YES VNO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?,
FORM: VAR 10-2013
Page 2 of 7
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
8. Directions to site from nearest major intersection:
Multiple — See attached T000eraohic Maps in Appendix A and 5.c above.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
Water Quality Classification
Multiple — see Table C-1, Appendix C
Multiple — see Table C-1 in
Appendix C
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
11/30/2018 Pre -Construction Notification/Joint 401/404 Permit Application
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
Project Description
Mountain Valley Pipeline, LLC ("Mountain Valley") is seeking a Certificate of Public Convenience and Necessity ("Certificate") from
the Federal Energy Regulatory Commission ("FERC" or "Commission") pursuant to Section 7(c) of the Natural Gas Act to construct
and operate the MVP Southgate Project ("Southgate Project" or "Project"). The Southgate Project will provide timely, cost-
effective access to new natural gas supplies to meet the growing needs of natural gas users in the southeastern United States
("U.S."), including for the Project's anchor shipper, PSNC Energy, a wholly-owned subsidiary of SCANA Corporation ("PSNC
Energy"), a local distribution company serving customers in North Carolina. The Southgate Project is expected be in service by
late 2020. The Southgate Project is a separate project from the 303 -mile Mountain Valley Pipeline that is currently under
construction.
The Southgate 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 ("hp") 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, in North Carolina.
The FERC will conduct a full review of the Project under its regulations in compliance with the Natural Gas Act ("NGA") and the
National Environmental Policy Act. On May 3, 2018, the Project requested approval from the FERC to initiate the Pre -filing review
process for the Project, and the FERC issued its approval of the request on May 15, 2018, under Docket No. PF18-4-000.
FORM: VAR 10-2013 Page 3 of 7
Purpose and Need
The purpose of the Project is to: (1) meet the growing needs of natural gas users in the southeastern U.S.; (2) add a new natural
gas transmission pipeline to provide competition and enhance the reliability and resiliency of the existing pipeline infrastructure
in North Carolina and southern Virginia; and (3) provide North Carolina and southern Virginia with direct pipeline access to the
Marcellus and Utica gas regions in West Virginia, Ohio and southwestern Pennsylvania. The Project will enhance the diversity of
gas supply and create additional pipeline capacity in the region.
In 2017, PSNC Energy, solicited interest from existing and proposed interstate pipeline providers for additional natural gas
transportation capacity. PSNC Energy is a local distribution company primarily engaged in the purchase, transportation,
distribution, and sale of natural gas to more than 563,000 customers in North Carolina. PSNC Energy solicited interest because it
requires additional pipeline capacity to meet forecasted incremental demand on its distribution system in the winter of
2020. Over the past four years, PSNC Energy has experienced a 15 percent increase in peak daily throughput on its system. This
trend will carry forward into the future, as PSNC Energy expects its design day requirements to increase an additional 11 percent
over the next five years. This past, present, and future demand growth on PSNC Energy's system reflects, at least in part, the
substantial population increase in North Carolina.
The Southgate Project is not designed to provide natural gas to any liquefied natural gas export terminal and has no intention of
seeking authorization under Section 3 of the Natural Gas Act to export natural gas. The Project terminates at an inland location
more than 185 miles from the nearest coastal Virginia port, 155 miles from the nearest coastal North Carolina port, and even
farther from the nearest liquefied natural gas export terminal. Accordingly, the Southgate Project does not have the physical
ability to export natural gas. As currently designed, gas transported on the Southgate system will be delivered into existing
facilities in Eden and Graham, North Carolina. The Project's anchor shipper, PSNC Energy, has committed to 300 MMcf/d of firm
transportation service and will use the gas it transports to serve its fast growing residential, commercial and industrial markets in
North Carolina.
1b. Attach a site plan showing the following items as applicable to the project: See attached Appendix C for project overview
and impact mapping for each non -perpendicular crossing.
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
See Appendix C for proposed stream buffer impacts.
Buffer Impact
Number' —
Permanent (P) or
Temporary (T)
Reason for Impact Buffer Zone 1 Impact Zone 2 Impact
Mitigation (square feet) (square feet)
Required
131 -❑P ❑T
❑ Yes ❑No
B2 -❑P ❑T
❑ Yes ❑No
B3 -❑P ❑T
❑ Yes ❑No
Total Buffer Impacts
'Label on site plan
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
FORM: VAR 10-2013 Page 4 of 7
See Appendix C, Table C-1 for square footage of impacts and mitigation calculations.
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
The Project is in discussions with mitigation banks and has obtained reservation letters. There are ample mitigation credits
available to satisfy the project needs.
3a. Is buffer restoration or enhancement proposed? V(Yes ❑ No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
See Attached Appendix D. Riparian buffer restoration will occur in accordance with 213.0295 (n)(2).
3b. Is payment into a buffer restoration fund proposed? i/Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
Mitigation letters from available private banks are included in Appendix H.
D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
Diffuse flow will be maintained through protected riparian buffers both during and after construction. During construction,
runoff will be managed per the project's Erosion and Sediment (E&S) Control Plan, part of the project Stormwater Pollution
Prevention Plan submitted to the North Carolina Department of Environmental Quality (NCDEQ) for review and approval.
Post -construction, the pipeline right-of-way (ROW) will be restored to original grades and revegetated.
Revegetation will follow an approved Stream & Buffer Restoration Plan which will provide details regarding the
establishment of temporary and permanent groundcover (including a riparian buffer seed mix where appropriate) as well as
proposed stream bank and buffer planting recommendations. The Plan will include a planting plan showing location and
extent of the proposed planting along with a plant list, general planting schematic, and installation details. Planting
recommendations will be planted to provide the approved density at maturity.
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
FORM: VAR 10-2013 Page 5 of 7
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 11
3
(2 for Catawba only)
Zone 2
1.5
Total Buffer Mitigation Required:
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
The Project is in discussions with mitigation banks and has obtained reservation letters. There are ample mitigation credits
available to satisfy the project needs.
3a. Is buffer restoration or enhancement proposed? V(Yes ❑ No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
See Attached Appendix D. Riparian buffer restoration will occur in accordance with 213.0295 (n)(2).
3b. Is payment into a buffer restoration fund proposed? i/Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
Mitigation letters from available private banks are included in Appendix H.
D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
Diffuse flow will be maintained through protected riparian buffers both during and after construction. During construction,
runoff will be managed per the project's Erosion and Sediment (E&S) Control Plan, part of the project Stormwater Pollution
Prevention Plan submitted to the North Carolina Department of Environmental Quality (NCDEQ) for review and approval.
Post -construction, the pipeline right-of-way (ROW) will be restored to original grades and revegetated.
Revegetation will follow an approved Stream & Buffer Restoration Plan which will provide details regarding the
establishment of temporary and permanent groundcover (including a riparian buffer seed mix where appropriate) as well as
proposed stream bank and buffer planting recommendations. The Plan will include a planting plan showing location and
extent of the proposed planting along with a plant list, general planting schematic, and installation details. Planting
recommendations will be planted to provide the approved density at maturity.
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
FORM: VAR 10-2013 Page 5 of 7
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
Best management practices (BMPs) will be implemented to minimize construction disturbance and to control sediment
and/or nutrient laden stormwater. Construction disturbance will be minimized at all stream crossings by decreasing the
limits of disturbance from 100' to 75'. This reduction will decrease the area of exposed soil and therefore decrease the
volume of potential sediment and/or nutrient laden stormwater. Additional erosion control devices will be installed
perpendicularly across the right-of-way (ROW) to establish a protective stream buffer. Construction will be restricted within
the area until the waterbody crossing is ready to be installed. FERC and state in -stream timing restrictions (as applicable)
will be followed while restoration will be completed with the conclusion of in -stream work.
During construction, erosion and sediment (E&S) controls from a Department of Environmental Quality (DEQ) approved
E&S Control Plan will be implemented. The E&S control design elements will include diversions and sediment filtering
devices along the limits of disturbance, and sediment trapping devices will be utilized to collect and treat runoff from within
the limits of disturbance. Erosion and sediment controls will be adjusted during construction, as needed and with DEQ
inspector approval, to match field conditions.
Post -construction, the pipeline ROW will be restored to original grades and revegetated so that no impervious surfaces will
exist within the buffers. Revegetation will occur per the seeding recommendations in the North Carolina (NC) Erosion and
Sediment Control Planning and Design Manual and the recommendations described in Item 1. All devices installed or
methods utilized will comply with the minimum standards of the NC E&S Control Planning and Design Manual. After
permanent stabilization has occurred, temporary E&S controls will be removed. An E&S Control Plan will be submitted to
NC DEQ for review and approval prior to any disturbance. A Stormwater Management Plan, containing restoration plans,
will be submitted to the various permit agencies including DEQ Rockingham County, Alamance County, Town of Haw River,
Town of Green Level, and Town of Graham for review and approval.
2a. Show the location of BMPs on your site plan.
See attached Appendix F for BMP typical site detail.
2b. Attach a Supplement Form for each structural BMP proposed.
See attached Appendix G for structural BMPs.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
The provisions of the applicable rule state that no heavy equipment can be used in Zone 1 of the riparian buffer, but due to
the linear nature of the proposed project, heavy equipment is required to carry out clearing and grading, trenching, stringing of
the pipe, pipe bending, pipe assembly and welding, pipe lowering, and for padding and backfilling, and other tasks. Using heavy
equipment within Zone 1 is in harmony with the objectives of the buffer rules. Heavy equipment allows construction to be
completed as quickly and efficiently as possible. Minimizing the duration of construction activity within the buffer minimizes the
overall impacts associated with construction by, among other things, reducing the time ground in the riparian area is left in a
disturbed state and allowing the area to be returned to a vegetated state more rapidly. For a detailed discussion on all of the
FORM: VAR 10-2013 Page 6 of 7
provisions of the applicable rule, see attached Appendix D, and for an evaluation of the alternatives to crossing perpendicular
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).
The Buffer Rules for the construction of a buried, non -electric utility line are what create a hardship for the project.
Hardships resulting from other permitting restrictions are distinct from needing to apply for the major variance. See attached
Appendix D for further explanation on Jordan Lake hardships as they pertain to this project.
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
The final receipt point of this Project is located within the Jordan Lake Watershed. The utility line needs to traverse through
the watershed to deliver the gas to the end users. The size of the pipeline (16" diameter) requires heavy equipment for the safe,
expedient installation of the utility system. See Appendix D for additional information on Jordan Lake construction hardships.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
No, the hardships were not caused by knowingly or unknowingly violating the applicable Buffer Rule. The project has not
constructed the pipeline or disturbed the area.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
The applicant is in the process of acquiring property easements and has not purchased any land inside of the Jordan Lake
Watershed at the time of this application.
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
The MVP Southgate Prosect is unique in that it is a long linear gas utility line that, to our knowledge, no other has been built
in the Jordan Lake Watershed since adoption of the Jordan Lake Riparian Buffer Rules. It is further unique in that while other
linear gas pipelines of this length or longer have built in NC within other watersheds that require riparian buffers (e.g. Neuse,
Tar -PAM), the buffer rules in those watersheds do not contain the requirements of footnote 1 for utility, non -electric, other
than perpendicular crossings, and therefore those projects were not required to obtain variances even though they were or will
be constructed in a similar fashion to this project. Additionally, some conditions of Footnote 4 do not have a practical
alternative for installing a 16" pipeline and are further discussed in Appendix D.
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage easements, that the easements will run with the land, that the easements cannot be changed
or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot.
G. Applicant's Certification
I, Mountain Valley Pipeline, LLC / Matthew Raffenberg (print or type name of person listed in Section A,
Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in
conformance with the approved plans and that the deed restrictions in accordance with Section F of this form will be recorded
with all required permit conditions.
1
Signature:
Date: February 8, 2019
FORM: VAR 10-2013 Page 7 of 7
Table C-1.
Summary Impact Table
Stream Impact ID #
Sheet Number
Resource Crossing ID #
Non -Perpendicular Crossing: #
Degrees
Streams On Soil
Survey Maps (SS),
USGS Maps or Both?
P
Stream Classification
Type of Impact
Temporary Buffer
Impact Zone 1 Welland
5 Ft.
(q� )
Operational Buffer Impact
Zone 1 Wetland (Sq. Ft.)
Construction Buffer
Impact Zone 1 Wetland
5 Ft.
(q� )
Total Temporary Buffer
Impact Zone 1 (Sq. Ft.)
Total Operational Buffer
Impact Zone 1 (Sq. Ft.)
Operational Buffer Impact
Zone 1 Wetland Overt
S Ft.
l q� )
Zone 1 Impact
Requiring Mitigation
Required Mitigation
(Zone 1 - Sq. Ft.)'
Total Construction
Buffer Impact Zone 1
S Ft.
(q' )
Total
Operational
Buffer Impact
Zone 2 (Sq. Ft.)
Total Construction
Buffer Impact Zone 2
S Ft.
( 9� )
Impact WAR
1
S -A18-60
59°
SS, USGS
Perennial
Non -perpendicular
291
16
307
1,945
3,280
16
3,264
9,792
5,225
2,241
3,344
Impact 2VAR
2
S -A18-183
139°
SS, USGS
Perennial
Non -perpendicular
2,633
204
2,837
3,643
3,675
204
3,471
10,413
7,318
2,488
4,633
Impact WAR
3
SS-SOIL18-02
34°
SS
Perennial
Non -perpendicular
0
0
0
5,570
4,944
0
4,944
14,832
10,514
3,606
6,753
Impact WAR
4
AS-NHD-305
53°
SS, USGS
Perennial
Non -perpendicular
0
0
0
4,758
1,791
0
1,791
5,373
6,549
6,759
8,418
Impact 5VAR
5
S -C18-15
17°
SS
Intermittent
Non -perpendicular
0
0
0
5,995
10,620
0
10,620
31,860
16,615
5,816
8,537
Impact 6VAR
6
5-1318-94
135°
SS, USGS
Perennial
Non -perpendicular
0
0
0
2,383
4,511
0
4,511
13,533
6,894
2,880
4,235
Impact 7VAR
7
S -A18-87
149°
SS, USGS
Perennial
Non -perpendicular
0
0
0
4,040
6,128
0
6,128
18,384
10,168
4,012
5,729
Impact 8VAR
8
S -C18-63
147°
SS, USGS
Perennial
Non -perpendicular
0
0
0
2,460
6,047
0
6,047
18,141
8,507
3,501
5,199
Impact 9VAR
9
S -C18-62
125°
USGS
Perennial
Non -perpendicular
0
0
0
1,873
4,530
0
4,530
13,590
6,403
2,397
3,563
Impact 10VAR
10
S -C18-60
67°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
1,623
3,302
0
3,302
9,906
4,925
2,201
3,277
Impact 11VAR
11
AS -1318-59/S-1318-59;
S-1318-59;
5-1318-59-2
138°; 144°; NA
SS
Perennial
Workspace Only; Non -perpendicular
2,008
1,118
3,126
7,945
11,750
1,118
10,632
31,896
19,695
8,323
2,327
Impact 12VAR
12
SS-SOIL18-04
62°
SS
Perennial
Non -perpendicular
0
0
0
7,683
3,459
0
3,459
10,377
11,142
2,294
7,268
Impact 13VAR
13
S -A18-120
125'
SS
Perennial
Non -perpendicular
2,305
1,806
4,111
2,974
2,706
1,806
900
2,700
5,680
1,342
581
Impact 14VAR
14
S -A18-125;
S -A18-125-2;
S -A18-125.3;
S -A18-125-4
NA; 143°; NA
SS, USGS
Perennial
Workspace Only; Non -perpendicular
6,358
105
6,463
9,625
7,549
105
7,444
22,332
17,174
9,902
2,945
Impact 15VAR
15, 16
S -A18-132'
5-A78-136-Zonelmpact
q0"; NA
SS, USGS
Perennial;
Intermittent
Non -perpendicular; Workspace only
352
0
352
3,249
4,963
0
4,963
14,889
8,212
4,132
4,589
Impact 16VAR
16
S -A18 -136 -Zone Impact
NA
SS, USGS
Intermittent
Workspace Only
421
5
426
516
136
5
131
393
652
1,756
1,090
Impact 17VAR
17
SS-SOIL18-06
49°
SS
Perennial
Non -perpendicular
0
0
0
3,898
3,832
0
3,832
11,496
7,730
2,293
5,464
Impact 18VAR
18
S -C18-11
127°
SS, USGS
Perennial
Non -perpendicular
0
0
0
8,447
1,808
0
1,808
5,424
10,255
2,760
4,442
Impact 19VAR
19
AS-NHD-1549
122°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
2,207
3,495
0
3,495
10,485
5,702
2,353
3,769
Impact 20VAR
20
S -C18-30
108°
SS, USGS
Intermittent
Non -perpendicular
1,962
456
2,418
3,929
1,002
456
546
1,638
4,931
1,875
1,520
Impact 21VAR
20
S -C18-28
34°
SS, USGS
Intermittent
Non -perpendicular
4,295
3,024
7,319
4,725
3,596
3,024
572
1,716
8,321
2,855
2,529
Impact 22VAR
21
S -A18 -76 -Zone Impact
NA
SS, USGS
Perennial
Workspace Only
0
0
0
579
2
0
2
6
581
1,152
2,611
Impact 23VAR
21
S -A18 -76 -Zone Impact -3
NA
SS, USGS
Perennial
Workspace Only
0
0
0
292
0
0
0
0
292
766
2,293
Impact 24VAR
22
S -A18-70
133°
SS, USGS
Perennial
Non -perpendicular
0
0
0
6,353
1,415
0
1,415
4,245
7,768
2,469
3,392
Impact 25VAR
23,24
S-1318-12; S-1318-12-2;
S -B18-12-3; 5-1318-12-4;
S-1318-26; S-1318-12-5;
5-1318-12-6
28°; 39"; 531145; NA; 30"
SS, USGS; USGS
Perennial;
Intermittent
Non -perpendicular; Workspace only; Non
perpendicular
6,236
6,351
12,587
17,579
15,945
6,351
9,594
28,782
33,524
9,101
8,957
Impact 26VAR
25
AS -1318-16/S-1318-16
56°
SS, USGS
Perennial
Non-perpendicular(HDD)
0
0
0
0
754
0
754
2,262
754
485
485
Impact 27VAR
26
AS-NHD-1547
48`
SS, USGS
Perennial
Non -perpendicular
0
0
0
5,409
1,553
0
1,553
4,659
6,962
2,841
4,590
Impact 28VAR
27
AS-NHD-3040
107°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
1,605
3,158
0
3,158
9,474
4,763
2,115
3,151
Impact 29VAR
28
S -A18-250
111°
SS, USGS
Perennial
Non -perpendicular
0
0
0
2,504
3,440
0
3,440
10,320
5,944
2,610
4,462
Impact 30VAR
29
AS-NHD-3025
124°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
1,783
3,618
0
3,618
10,854
5,401
2,422
3,645
Impact 31VAR
30
AS -Al 8-233/5-Al8-233
69°
SS, USGS
Perennial
Non -perpendicular
0
0
0
4,116
1,096
0
1,096
3,288
5,212
2,308
3,479
Impact 32VAR
30
AS -A18 -233 -Zone Workspace
NA
SS, USGS
Perennial
Workspace Only
0
0
0
320
0
0
0
0
320
0
1,372
Impact 33VAR
31
AS-NHD-1551
58°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
1,770
3,529
0
3,529
10,587
5,299
2,356
3,552
Impact 34VAR
32
5 -1318 -3 -Zone Impact
NA
USGS
Intermittent
Workspace Only
0
0
0
603
6
0
6
18
609
1,186
2,073
Impact 35VAR
33
5-1318-11
62°
SS
Intermittent
Non -perpendicular
0
0
0
2,371
3,476
0
3,476
10,428
5,847
2,953
4,057
Impact 36VAR
34
S -A-
Zone
WB-A18-16-Zon. Impact
63°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
1,684
3,362
0
3,382
10,146
5,066
2,244
3,381
Impact 37VAR
35
AS -A18-115
57°
SS, USGS
Perennial
Non -perpendicular
0
0
0
4,433
1,242
0
1,242
3,726
5,675
2,398
3,839
Impact 38VAR
36
S -B18-134
31°
SS
Intermittent
Non -perpendicular
0
0
0
3,513
2,458
0
2,458
7,374
5,971
4,303
5,803
Impact 39VAR
37
S -C18-81
115°
SS, USGS
Perennial
Non -perpendicular
0
0
0
3,867
1,106
0
1,106
3,318
4,973
2,208
3,311
Impact 40VAR
38
S -A18-109
65°
SS
Perennial
Non -perpendicular
0
0
0
2,105
3,452
0
3,452
10,356
5,557
2,359
3,657
Impact 41VAR
39
SS-SOIL18-10
65°
SS
Perennial
Non -perpendicular
0
0
0
7,197
3,677
0
3,677
11,031
10,874
2,432
7,226
Impact 42VAR
40
S-1318-125
49°
SS, USGS
Intermittent
Non -perpendicular
0
0
0
1,967
4,074
0
4,074
12,222
6,041
2,676
4,124
Total:
26,861
13,085
39,946
159,538
150,507
13,085
137,422
412,266
310,045
127,172
169,672
' - Zone 1 Mitigation is
calculated at a 3:1
ratio. All Zone 1 impacts within
the Operational Zone are being
proposed for mitigation at
the 3:1 ratio.