20181638 Ver 3_Correspondence to USACE_20190923

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
Scott McLendon, Chief
Regulatory Division, Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28403-1343
NORTH CAROLINA
Environmental Quality
September 23, 2019
Corps Action ID# SAW -2018-00887
DWR # 20181638 v3
Alamance & Rockingham Counties
Subject: REQUEST FOR ADDITIONAL REVIEW TIME
Mountain Valley Pipeline — Southgate (MVP Southgate)
Dear Chief McLendon,
On August 9, 2019, the Division of Water Resources ("DWR") received an application from Mountain
Valley Pipeline, LLC for an Individual 401 Water Quality Certification for the MVP Southgate Project
(DWR # 20181638) ("Southgate 401 Application").
On August 7, 2019, two days before DWR received the Southgate 401 Application, Scott A. Spellman,
Deputy Commanding General for Civil and Emergency Operations issued a Regulatory Guidance Letter
("RGL") with the subject line: "Timeframes for Clean Water Act Section 401 Water Quality Certifications
and Clarification of Waiver Responsibility." The RGL indicates that, under Army Corps of Engineers
("Corps") regulations, the Corps may consider a 401 Certification waived if the certifying agency fails or
refuses to act on a request for certification within 60 days after receipt of such request unless the
district engineer determines that a shorter or longer period of time is reasonable for the certifying
agency to act. The RGL states that the district engineer will "advise the certifying agency when it
determines that the circumstances reasonably require more than 60 days."
DWR hereby requests your written concurrence that a reasonable period of time for DWR to act on the
Southgate 401 Application is 12 months.
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Corps Action ID# SAW -2018-00887
DWR # 20181638 v3
Page 2 of 3
In support of this request we direct your attention to the following considerations:
Type and Complexity of Proposed Activity. The Southgate Project includes an approximately
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. The Southgate Project
facilities will be located in Pittsylvania County, Virginia and Rockingham and Alamance counties,
North Carolina. The Southgate 401 Application is over 2,500 pages in length and includes
nineteen appendices.
DWR public hearing requirements. Section 401 of the Clean Water Act provides DWR the
authority to establish procedures for public hearings on individual applications to the extent it
deems appropriate. 33 U.S.C. § 1341(a)(1). Pursuant to 15A NCAC 2H.0503, DWR may hold a
public hearing in connection with a 401 application where the Director determines that there is
significant public interest. Notice of the hearing must be published at least 30 calendar days
prior to the date of the hearing. The hearing may be held up to 90 calendar days following the
notification to the applicant that a hearing will be held. The record for the hearing must remain
open for a period of 30 calendar days after the public hearing to receive comments. DWR
anticipates that a public hearing will likely be held in connection with the Southgate 401
Application and that the public hearing process will significantly extend the time otherwise
necessary for the review of the Southgate 401 Application.
• Unique or Complex Site Conditions. The Southgate 401 Application indicates there will be
impacts to state regulated riparian stream buffers. These impacts will necessitate a major
variance to the riparian buffer rules. A major variance is subject to review and approval by the
North Carolina Environmental Management Commission ("EMC'), which meets every other
month.
• Magnitude of potential impacts to aquatic resources. The Southgate 401 Application states that
the Southgate Project will impact 207 streams (17,726.29 linear feet), three ponds (6,538.49
square feet), approximately 9 acres of wetlands and 628,635.39 square feet of riparian buffer
impacts within the Jordan Watershed.
DWR believes these criteria justify a determination by the Corps that 12 months is a reasonable period
of time for the DWR to act upon the application.
By making this request, DWR does not waive its right to determine upon further review of the Southgate
401 Application that additional information and/or additional time is necessary to process the
application. DWR further does not waive its right to object to or contest the legality of any of the
provisions set forth in the RGL or any actions taken by the Corps pursuant to the RGL, whether related
to the Southgate Project or any other projects over which the State has jurisdiction pursuant to Section
401 of the Clean Water Act.

Corps Action ID# SAW -2018-00887
DWR # 20181638 v3
Page 3 of 3
Thank you for your consideration of this time -sensitive matter. Please contact Sue Homewood at 336-
776-9693 or [e-mail] with any questions.
Sincerely,
Jeffrey Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
Christopher A. Militscher, Chief, NEPA Section, Strategic Programs Office, USEPA, 61 Forsyth St
SW, Atlanta GA 30303
Maria Clark, NEPA Section — Region 4, USEPA, 61 Forsyth St SW, Atlanta GA 30303
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit