20140957 Ver 2_Attachment 20_NJ PennEast Letter_20170818

Attachment 20

tate of 'NPfu lerorg
DEPARTMENT OF ENvntoNmENTAL PRoTEcTioN
CHRIS CHRISTIE OFFICE OF PERMIT COORDINATION AND ENVIRONMENTAL REVIEW BOB MARTIN
Governor P.O. Box 420 Mail Code 401-09J Trentou, New .Jersey 08625-0420 Commissioner
Telephone Number [phone]
1C M GI ADAGNO FAX NUAMER [phone]
Lt. Governor
May 23, 2017
Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, DC 20426
Ms. Medha Kochhar, PhD.
Biological Resource Manager DG2E and Ecologist
Federal Energy Regulation Commission
888 First Street N.E.
Washington, DC 20426
RE: Proposed Penn East Pipeline Project
FERC Docket 4 CP15-558000
Notice of Receipt of Permit Application
NJDEP File # 0000-17-0007.2 FWW170001
Dear Secretary Bose and Ms. Kochhar:
In accordance with the federal Energy Policy Act of 2005; the New Jersey Department of
Environmental Protection (NJDEP) is required to file notice with the Federal Energy
Regulation Commission (FERC) within thirty (30) days of receipt of an application from
the Penn East pipeline project for a permit federally delegated to New Jersey. On April
06, 2017, NJDEP received an application for a freshwater wetlands individual permit
(NJDEP File # 0000-17-0007.2 FWW170001). In the attached letter to the applicant, dated
April 26, 2017, and amended on April 28, 2017, the application was determined to be
administratively deficient. According to the deficiency letter, the applicant has 30 days to
reply to NJDEP with the required information. If NJDEP does not receive that information
within 60 days of the deficiency letter, NJDEP may administratively close the application.
The deficiency letter was issued, in part, because the applicant has yet to gain access to a
significant portion of the proposed right of way in New Jersey. Access is required for the
applicant to perforin the multitude of required surveys necessary for a 'complete
application. At this time, the applicant has gained access to approximately thirty-five
(35%) percent of the required right of way properties. Completed surveys and analysis for
all regulated impacts is required for the NJDEP's Land Use Regulation Program (LURP)
to accept permit applications as complete and prior to initiating a full review of those permit
applications. Until an application is determined by the Department to be complete, it is not
possible to determine a proposed permit issuance date.
New Jersey is an Equal Opportunity Employer [Printed on Recycled Paper and Recyclable

If you have any additional questions, please contact Ruth Foster at [phone].
Sincerely,
L - — J� -
Jo%i P. Gray, Esq.
Deputy Chief of Staff
Enclosure
cc: Medha Kochhar, FERC
Ruth Foster, NJDEP--PCER
Angela Skowronek, NJDEP-Air Quality Planning
Peg Hanna, NJDEP – Air Quality Mobile Sources
Jan Gheen, NJDEP-Water Allocation
Kelly Davis, NJDEP-Fish and Wildlife
Jesse West -Rosenthal, NJDEP- Historic Preservation
Chris Squazzo, NJDEP-LURP
Dennis Contois, NJDEP --- LURP
Patricia Clulow, NJDEP-LURP
Kevin Appelget, NJDEP - Green Acres
Diane Dow, NJDEP – LURP
Ginger Kopkash, NJDEP - LURP
JoDale Legg, NJDEP – LURP-Mitigation
Robin Madden, NJDEP – NHRG
Cari Wild, NJDEP-NHRG
Patrick Sheppard, NJDEP - LURP
Michael Pahnquist, NJDEP – C&E
Christina Albizati, NJDEP-LURP T&E
Kelly Davis, NJDEP NHRG T&E
Kris Schantz, NJDEP -- NHRG ENSP
Richard Dalton, NJGS
Dan Kuti, NJDEP-BNPC
Ronald Bannister, NJDEP – BNPC
Kelly Perez, NJDEP --- BSWP
2

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0��s�� State of Neter Jersey
Depar�tlment of Environmental Protection19
� Division of Land Use regulation
Applicant: PennEast Plpeline Company Date: 4126117
Address: one Meridian Blvd, Suite 2c01
Wyomissing, FSA 19610
HJDEP Fire: Number: {3000-17-0007.2 FWW170001
Applicant: PennEast Pipeline Company .
Date Received: 416117
Rear Applicant. The Departrr►ent is in recceipf of your a�pllOation for a freshwater wetlands Individual permit. Upon review
of this application package, fhe Department has determined that ail necessary information required to adequately review
the application llaS gat been submitted. Thr: information necessary for an atiministrative[y complete application is required
by N.J,A.C. 7.7A and is summarized by the appilcation checklist for air individual freshwater wetlands permit (last updated
FeE}ruary 2015}. The applfcatinn is deficient as Hated below.
Please address the deficiencies and submit the requested information within 30 days from the date of this letter so that
the Department may commence processing this application. If the requested information is not provided within 60
calendar days from tate date of this letter, the Department'may adrnlnfstratively close the application. If you have any
questions, please contact the Department at -[phone]_ The application needs to ire completed so that the
Department can review the.submisslon, accurately determine if the application meets the rules, and issue the permitting
decision.
Postal Mailing Address: 5treef Address (For courier sdrvlce and land dallveries only):
NJDEP Division of Land Use regulation NJOEP. Division of Land Use Regulation
Maff Code 501-02A 501 East State Street, Station Plaza l=ive, 2nd door .
RO, Box 420 Trenton, NJ 08609
Trenton:, NJ 08625
Pleasd make sure the requested information is submitted to the attention of. Patricia Gluelow, supervisor ASU
In accordance with N.J.A.C. 7:7A -10.1(d), an application shall be submltt�d by the owner of the site which
is the sriblect of the application or by a person who has legal authority to perforin the activ€#ies proposed in
the application on the site, and to carry out all requirements of N.JAA.C. 7:7A et seg.
Furthermore, per NAXC, 7:7A -10.2(b), the application form submitted with the application package shalt
meet the requirements found within the Freshwater Wetlands Proteotion Act 'at N.J.A.C. 7:7A-10.3,
specifically:
A permit application shall be signed by the person or persons specified below'.
i. For a corporation, by a principal executive officer of at least the level of viae president;
ii. Fora partnership or sole prgprletorsh[p, by a general partner or the proprietor, respective)y;
W. For a municipality, state, Feiieral or other public entity, by either a principal executive oftiow or
ranking elected official; or-
iv.
riv. For an entity not covered at (a)1 through 3 above, all individual owners of record.
Sectian "B" (Property ownees Certification) of the standard application form was signed by Michael Mara,
a representative of PonnEast Pipeline Company, as the ownerieasement holder. The Department is
uncertain whether Mr. Kura is a vice president or general partner with adequate authority to sign ,the
application.
More irnportantfy, the applicant crossed -out the standard certification and consent to access language anal
inserted explanatory language stating, in part, that"PennEast hereby corkifies that it owns and/or has legal
authority over a portion of the right-of-way upon which the proposed work is to bu done". The language
goes on further to explain that there is an 'appliratlon pending with the Federal Energy Regulatory
Comm- isslon (FERC) for a Certificate of Public Convenience and Necessity which, upon receipt, will give

the applicant legal authority over the remainder of the right-of-way for the proposed project. Accordingfy,
the appiiciant does not yet have the authority to condemn the pipeline easement and accompanying
access points. .
Based on the information included in Section 13 of the application forms, it is clear the applicant does not yet
have legal authority to perform the activities proposed in the application on the site, and to carry out all
requirements of N.J.A.C. 7:7,4 et seq. as requlred by N.J.A.C. 7:7A -10.1(d) for the full length of the project
right-of-way, Therefore, Before this application'oan be deemed "`administratively complefe'" the
applicant needs to submit a revised standard application form which bears the owners, signatures
as required pursuant to N.J.A.C. 7:7A -10.2(b) for all the property ovmers'in question. in lieu of the
signatures of the individual owners of record, the applicant may substitute the approved Certificate of
Public Convenience and Necessity from -FERC that would give the applicant the required legal authority to
sign as the anticipated property ownerfeasement holder.
Even though the FERC certificate would be a milestone that will allow PennEast to sign the application
form, as noted above, the application will remain administratively Incomplete until the then -current owners
provide -written consent_ to access their properties, as the Department will still lack the authority to inspect
the subject properties. N.J.A.C. 7:7A -10.2(b)2. The Department needs to inspect the subject properties
and adjoining regulated lands in order to verity the accuracy of the Wetlands deflneation, transition areas,
threatened and endangered specf$s habitat, archaeological resources, and best practices to cross
particular streams, The lack of accurate resource information would also preclude neighbors and the
public from commenting on an accurate submission.
2. In accordance with N.J.A.C. 7:7A -10.6(a) and as itemized in the application checklist, an application for an
individual freshwater wetlands permit shall contain a copy of the deed andlor other relevant documents
pertaining to the site, showing property boundaries, ownership, easements, restrictions, previous
approvals by any local, federal, interstate or state agency, and any other information relating to the site
that will assist the [Department in assessing compliance with tho Freshwater Wetlands Protection Act rules,
N.J.A.C. 7.7A. This €nfarmat€on ensures that all required neighboring property owners received notice of
the application and that the project does not -interfere with existing utility easements. Additionally,
easement holders over the project may also hold property interests and be entitled to notice.
This requirement was not addressed in the application submffial. Therefore, -before this application can
be deemed administratively completer the applicant needs to submit the information required to
demonstrate compliance with N J.A.G. 7:7A -10.6[a).
3. in accordance with N..J.A.C. 7:7A-10.2(b)B, an apps€cation package for a freshwater wetlands permit shalt
include documentation that the applicable requirements at N.,J.A.C. 7:7A-10.8, Public notice requirement
for applications, have been met In order for the application to be considered administratively complete.
in accordance with NAA.C. 7:7A-10.8 and as summarized in the application checkiist for an individual
freshwater wetlands permit (item #3), various options are outlined for notification based on the proposed
project's type, sixes and/or scope, as well as the requirements for providing proof demonstrating that the
notice requirements have been met.
Upon review.ofthe applications package submitted, it appears that•the appiicant has chosen to notify all
,owners of landithat are located within 200 feet of the proposed disturbance (Option #2 under item 3(13))
and has submitted certified mail receipts as evidence. However, as stated ors'the checldist,.if this option Is
chosen, the applicant is required to submit a tax,map(s) with the location of the proposed disturbance
outlined with an area extending 200 feet on all sides of the proposed disturbance outlined so that the
,Department may verify that all the property owners were noticed. This tax map representation was not
submitted. Therefore, before this application can be deemed administratively complete, the
applicant needs to submit the tax map(s) showing the fimlts of the proposed disturbance with the
200 -foot distance outlined accordingly.
Also, the application checklist for an individual freshwater wetlands permit (item #3(C)) requires that the
applicant submit proof that the newspaper notice for an individual freshwater wetlands permit, as required
at N.J.&G. 7:7A-10.$(!)1., is provided. Although the cover letter included with the application states that
the proof of newspaper. notice could be found in "Aftachment t3", this proof was not provided in the
application package. Therefore, before this application can be deemed administratively complete,

the applicant needs to submit a copy of the advertisamont, or a copy of an affidavit from the
newspaper stating that the advertisement was published.
(vote: ff a project site is located in more than one municipality ar county, the notice requirements above
mustbe mef foreach munlcipafftyandl rcounty in which the site is iocated
4. in accordance with N.J.&C. 7:7A -10,6(a)2 and as outlined in Item 7 of the checklist for a freshwater
wetlands individual permit, an individual freshwater wetiands permit appllcatiort shall require a line
delineation Letter of Interpretation (LOI) issued under N.J-A.C. 7:7A-3.3 (for properties that are one acre or
smaller) or verification LOI issued under W.A.C. 7:7A�.4. If no LOI has been issued for the site, the
individtaal. permit application shall include all information required for an application for a lime delineation
LOI-or line verification LOl as applicable. The wetlands line shall be shown and labeled on the site plan
submitted_
The complete length of the proposed .project alignment does not currently have a vaitd LOI_ The applicant
has submitted information for a total of four (4) parcels along the proposed alignment that have valid LOIS
and of the four, one of the LOIS is only a presence/absence determination, which is not acceptable per
N,J.A:C. 7:7A i 0.6(a)2. Upon review of the submitted information, the Department tras determined that the
applicant has not yet submitted all the Information required for a verification type LOI as outlined on the
applicable checklist and at N.J.A.C. 7:7A -10.3(d), or a line dellneatlon type LOO per N.J.A.C. 7:7A-3.3.
Please note that it does not appear that the wetlands- line was field verged and instead is only an
approximatlon of the extent of the wetlands in the alignment.
Therefore, in order for the Department to conduct a reasonable and accurate review. of the
wotlandsitransition area impacts and deem this application administratively complete, the
applicant needs to submitthe following for the length of the, proposed pipeline alignment:
L A proposed delineation of all freshwater wetlands, transition areas, and ,State open
waters on the site, or portion thereof, which is the subject of the application. The
delineation shall be clearly -marked in the field as required by the application checklist,
a. When delineating a State open water one to five feet in width measured from top
of bank, rwith no wetlarid boundary, the delineation shall indicate the centerline
of the State open water with several data points numbered and shown on the
plans. When delineating a State open water that is greater than five feet In
width, the delineation shall Include two survey lines, with numbered points,
depicting the top of bank on both sides of the State open water;
fl. Soil borings and/or anter physical Indicators of the presence or absence of 'freshwater
wetlands, transition areas, ondfor State open waters;
til, Delineation report information including data sheets and/or tatter matorlals that explain
and support the delineation for all wetlands within proposed ROW and 1.50' from each
side of R6W;
iv. The total area, in acres, of wetlanda and State open waters on the site before the
regulated activity is performed, and the total area, in acres, of wetlands and Mate open
waters, on the site that will remain after the regulated activity is performed. Please note
that the measurement of these areas shall be quantified and not estimated as
submitted; and .
,v. Ten folded copies of a site plan or subdivision map, signed by a licensed, surveyor and,
where appropriate, a licensed e119'ineer whiah shows a complete delineation of the
i Wetlands boundary in accordance with the requirements of LOI line verification.
5. As required at N.J.A.C. 7:7A-'10.2 (b)4 and (b)5' and per item a on the checklist for an individual freshwater
wetlands permit, ten ('i 0) copies of a detailed project description are required in order for the Division of
Land Use Regulation and other divislons/programs within the Department to thoroughly review the
proposed project. Only one copy of .this report (labeled as Volume #2) was provided in tho initial
application submittal.
Therefore, before this application can be doemed administratively complete, the applicant needs to
submit nine (9j -additional copies of the detailed project description labeled as "Volume 2".
6. in accordance with KJ.A.G. 7:7M2.2(l), all wetland permit appficatioils for proposed projects that may
affect. properties which are listed, or area eligible for listing, on the Now. Jersey or National Register .of

.wSWp l'laii . [xal! .ragiitre, with fire wetfatrds .perrnit qppligattori, �e eubmftfal 6f a .Phase to ttrstc ri !
and arohaeofbgieal survey, and an' architeutural.surwy, �fef ted at N'jt A,d.. 7,7 .'•1.X Its �tl�l 10, -ler jtdrn
.026 -of the ahepIlist fbr adr*19tmfNe come [etanoss for- a€r lndlvidual fre ate€ s kfands p8tmjt, arty
projert reflecting eq.,of the lraradt ristres at VAG, 77A-12,20 s1��11 'I�e deefr d to �rr_esant' a hLgh
pr&gbA.Y of the presence :of histork apO: archaeolgg1caf 'resQ€608., TO ring pessrnent-, -arid . all -
require, withft weftands mit-npplicaf n, the. s bUfal of a Phase IA I i l Inal gird arclra of lc l
gUwey, and air arcl�tactural surrey, dsfined -at I IF •[,J: 6, 7, 71ti-1A
"Al:fadhtti t .Z" pf ftto sy. jl m.' fitted Ihd[WOmaii. freshihr (& w4flabds permit .q*'cafton co!?ta'as •a ` 44sp i
�trdbmeafo*W] Savoy Reppr1'' for tlre'pr©ps�md prclmt hd`uor,' 6r'#!hp abs#ract �6ht-alr�6d €n :ml.report,
€lt� survey *q €s owltad .to pottjo% df the, gtttdy cardd& if Oro lap owp6ra Mel 4rallted '►niey
pehnlsslrin" .arid lherefcrre'ff a. "Ardh aecl lcal: Ivey Iles -only, bes11'cap p1pWd alvxjg aW trrWtefy 14
rdiles of fh pFdpOse d 'bentar1he 6 W'Jorsejr'': Tfia m erall 1e€gth of the prpposed fps ljne pCn edf MtfVo
t State of Now Jersey W .in excess' of Wuty-:savers -f37) Innes' Thus, thq* .sghrg1ftOd 'IPlta i
Ar asoia isal i ury y FRe i�r "manly prortlites 7rfo atiori.f r:approxhately thin y fv pe r -ht. 3 0) o the
enl�re �ro�et�ltg�rrj�?t •
Tho4olex 'bei the 13 " rr ent can deem this ap o0on -a.drolnilstraftely ocrrho$ste,, �
�Pofjcsnf .ai treads t6 SVbmIt � a e dell `ease Perch"' bj1da '�t�y 14 art" viihjdh.
investigAtoa WO 6nurb ptoo s -Aq6 nie t'fer ffie Pe»nh'ast P61in ,Project v utr n . tfti E. a.
Raw of ftw4je.rs0.
Should )(bu have ahy c��tlahs or comments, pfease car�tapt r at ��f�9)7)"�-i7�F54, P��.clir lc�t��d�., .qi�v
or tdie .oboye address
Adraftlsfratlue lire rolvieW6PaBr3aia �,lueln�r

20170525-5169 FERC PDF (Unofficial) 5/25/2017 12:49:15 PM
Document Content(s)
Notice of Receipt of Permit Application - Penn East.PDF...............1-8