20181638 Ver 1_401 Return_20190325

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environments/ Quality
March 25, 2019
D W R # 20181638
Alamance & Rockingham Counties
CERTIFIED MAIL: 7013 3020 0000 7632 0802
RETURN RECEIPT REQUESTED
Mountain Valley LLC
Attn: Mr. Matthew Raffenberg
700 Universe Blvd
Juno Beach, FL 33408
Subject: RETURN OF APPLICATION — 401 Water Quality Certification and Jordan Lake
Riparian Buffer Authorization
MVP Southgate
Dear Mr. Raffenberg:
On November 30, 2018, the Division of Water Resources (Division) received your application
dated November 30, 2018, requesting a 401 Certification and Buffer Authorization from the
Division for the subject project. On January 10, 2019, the Division requested additional
information on the project and received a response to that request on February 12, 2019.
The response to the Division, as well as the recent response to the U.S. Army Corps of
Engineers, stated "Mountain Valley is currently completing route evaluations and will be
providing updated impact tables at a later date" and "Mountain Valley will provide final plan
and profile view for all proposed permanent fills of aquatic resources in North Carolina... once all
surveys have been completed and Project design is finalized".
On March 15, 2019, the Federal Energy Regulatory Commission (FERC) provided notice of the
schedule for environmental review of the subject project. In the notice, FERC states that the
draft EIS will be issued in July 2019. Based on the response provided to the Division and follow
up phone conversations with MVP contacts, the updated impact tables, final plan and profile
views for proposed impacts will not be available until after July 2019.
North Carolina Department of Environmental Quality I Division of Water Resources
_ 2� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
--^w\V/ 919.707.9000

Mountain Valley LLC
D W R# 20181638
Return of Application
Page 2 of 2
Pursuant to Title 15A NCAC 02H .0507(e) and Title 15A NCAC 026 .0267 the Division is unable
to approve your application and your application is hereby returned. Once a Draft EIS has
been issued and a preferred route is identified by FERC, you will need to reapply to the
Division for approval, including a complete application package and the appropriate fee.
Please note the Division will retain the previously submitted information; any part of the
application submitted November 30, 2019 that does not change will not need to be
resubmitted.
Please be aware that you have no authorization under Section 401 of the Clean Water Act 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.
Contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Sincerely,
C)4"
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Alex Miller, MVP Southgate (via email)
Heather Patti, TRC Environmental Corp (via email)
Kevin Martin, S&EC (via email)
David Bailey, Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
DWR WSRO 401 files
Filename: 20181638MVPSouthgate(RockinghamAlaman ce)_401_IC_RETURN