Under Section 401 of the Clean Water Act, DEQ has the authority to certify whether federally permitted activities that may result in a discharge to state waters comply with applicable water quality standards.
Project activities that have potential water quality impacts include those associated with dredging, filling in wetlands, excavating, clearing the pipeline corridor, drilling, stabilizing site soil to prevent ground movement during earthquakes, and managing post construction stormwater runoff.
DEQ and the U.S. Army Corps of Engineers had a 90-day comment period on a Section 401 Water Quality Certification application from the Jordan Cove Energy Project. The comment period closed Aug. 22, 2018.
View the full public notice in the documents section below for details on the comment process.
DEQ will review and consider all comments on the application received during the public comment period. DEQ may request additional information requests from the applicant. DEQ will use the application material to develop an evaluation findings report and draft certification decision. DEQ may issue the draft certification decision on the project as proposed, issue the certification with conditions, or deny the certification.
DEQ will draft an evaluation and findings report and decide whether to draft a 401 Water Quality Certification or deny the certification.
DEQ will hold a separate public comment period on its proposed determination.
DEQ’s will also hold public meetings and public hearings at multiple locations during the public comment period.
DEQ will evaluate and summarize public comments in its evaluation report before making a final determination.
DEQ submitted several information requests to Jordan Cove on its Section 401 Water Quality Certification application from September 2018 through March 2019. The requests sought information about drilling under rivers or trenching through rivers along the pipeline route and about land use. DEQ had also asked Jordan Cove to provide a timeline for when would fulfill the requests.
DEQ denied without prejudice the 401 Water Quality Certification on May 6, 2019.
Decision Letter, May 6, 2019
- Evaluations and Findings Report, May 6, 2019
- Additional information request, Sept. 7, 2018
- Additional information request, Sept. 25, 2018
- Supplemental information request, Dec. 20, 2018
- Additional information request, March 11, 2019
- Additional information request, March 13, 2019
- JCEP response, Oct. 8, 2018
- JCEP response , Oct. 25, 2018
- JCEP response, Jan. 22, 2019
- JCEP response, Feb. 20, 2019
- JCEP Response Cover Letter, April 1, 2019
- JCEP Response Attachment A, April 1, 2019
- JCEP Response Attachment B, April 1, 2019 (182 MB)
- JCEP Response Attachment C, April 1, 2019