                                 CODE OF VIRGINIA

APPLICATION AND PREPARATION OF DRAFT CERTIFICATION CONDITIONS (§ 62.1-44.15:81)

A. Any applicant for a federal license or permit for a natural gas transmission
pipeline greater than 36 inches inside diameter subject to &#xA7; 7c of the
federal Natural Gas Act (15 U.S.C. &#xA7; 717f(c)) shall submit a separate
application, at the same time the Joint Permit Application is submitted, to the
Department containing a description of all activities that will occur in upland
areas, including activities in or related to (i) slopes with a grade greater
than 15 percent; (ii) karst geology features, including sinkholes and
underground springs; (iii) proximity to sensitive streams and wetlands
identified by the Department of Conservation and Recreation or the Department of
Wildlife Resources; (iv) seasonally high water tables; (v) water impoundment
structures and reservoirs; and (vi) areas with highly erodible soils, low pH,
and acid sulfate soils. Concurrently with the Joint Permit Application, the
applicant shall also submit a detailed erosion and sediment control plan and
stormwater management plan subject to Department review and approval.

B. After receipt of an application in accordance with subsection A, the
Department shall issue a request for information about how the erosion and
sediment control plan and stormwater management plan will address activities in
or related to the upland areas identified in subsection A. The response to such
request shall include the specific strategies and best management practices that
will be utilized by the applicant to address challenges associated with each
area type and an explanation of how such strategies and best management
practices will ensure compliance with water quality standards.

C. At any time during the review of the application, but prior to issuing a
certification pursuant to this article, the Department may issue an information
request to the applicant for any relevant additional information necessary to
determine (i) if any activities related to the applicant&#8217;s project in
upland areas are likely to result in a discharge to state waters and (ii) how
the applicant proposes to minimize water quality impacts to the maximum extent
practicable to protect water quality. The information request shall provide a
reasonable amount of time for the applicant to respond.

D. The Department shall review the information contained in the application, the
response to the information request in subsection B, and any additional
information obtained through any information requests issued pursuant to
subsection C to determine if any activities described in the application or in
any additional information requests (i) are likely to result in a discharge to
state waters with the potential to adversely impact water quality and (ii) will
not be addressed by the Virginia Water Protection Permit issued for the activity
pursuant to Article 2.2 (&#xA7; 62.1-44.15:20 et seq.). The Department of
Wildlife Resources, the Department of Conservation and Recreation, the
Department of Health, and the Department of Agriculture and Consumer Services
shall consult with the Department during the review of the application and any
additional information obtained through any information requests issued pursuant
to subsection B or C. Following the conclusion of its review, the Department
shall develop a draft certification or denial. A draft certification, including
(i) any additional conditions for activities in upland areas necessary to
protect water quality and (ii) a condition that the applicant shall not commence
land-disturbing activity prior to approval by the Department of the erosion and
sediment control plan and stormwater management plan required pursuant to
subsection E, shall be noticed for public comment and potential issuance by the
Department. The Department shall make the information contained in the
application and any additional information obtained through any information
requests issued pursuant to subsection B or C available to the public.

E. Notwithstanding any applicable annual standards and specifications for
erosion and sediment control or stormwater management pursuant to Article 2.3
(&#xA7; 62.1-44.15:24 et seq.) or 2.4 (&#xA7; 62.1-44.15:51 et seq.), the
applicant shall not commence land-disturbing activity prior to resolution of any
unresolved issues identified in subsection B to the satisfaction of the
Department and approval by the Department of an erosion and sediment control
plan and stormwater management plan in accordance with applicable regulations.
The Department shall act on any plan submittal within 60 days after initial
submittal of a completed plan to the Department. The Department may issue either
approval or disapproval and shall provide written rationale for its decision.
The Department shall act on any plan that has been previously disapproved within
30 days after the plan has been revised and resubmitted for approval.

F. No action by either the Department or the Board on a certification pursuant
to this article shall alter the siting determination made through Federal Energy
Regulatory Commission or State Corporation Commission approval.

G. The Department shall assess an administrative charge to the applicant to
cover the direct costs of services rendered associated with its responsibilities
pursuant to this section.

H. Neither the Department nor the Board shall expressly waive certification of a
natural gas transmission pipeline of greater than 36 inches inside diameter
under &#xA7; 401 of the federal Clean Water Act (33 U.S.C. &#xA7; 1341). The
Department or the Board shall act on any certification request within a
reasonable period of time pursuant to federal law. Nothing in this section shall
be construed to prohibit the Department or the Board from taking action to deny
a certification in accordance with the provisions of &#xA7; 401 of the federal
Clean Water Act (33 U.S.C. &#xA7; 1341).

HISTORY: 2018, c. 636; 2020, c. 958; 2021, Sp. Sess. I, c. 501; 2022, c. 356.