The Federal Energy Regulatory Commission (FERC) has asked the Virginia
Department of Environmental Quality (DEQ) whether the proposed water crossings for
the Mountain Valley Pipeline would require certification under Section 401 of the Clean
Water Act (CWA). FERC’s May 13 letter to Melanie Davenport, Director of DEQ’s Water
Permitting Division, notes that the CWA requires water quality certification “for any
federal license or permit that authorizes activities that may result in a discharge into
navigable waters. The U.S. Army of Corps of Engineers has stated that because the
trenchless crossings would avoid in-water work at the relevant waterbodies, these
activities would not require a dredge and fill permit from the Corps under Section 404 of
the CWA.”
FERC’s letter asks DEQ to respond to its question within 30 days.