20181638 Ver 3_Response to June RAI_20200626

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 3
20181638
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - [phone]
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r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:* r New Project r New Project Existing ID
r Pre -Application Submittal r More Information Response
r Other Agency Comments r Stream or Buffer Appeal
r For the Record Only (Courtesy
Copy)
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r Yes r No
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Name: Alex Miller
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Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20181638 3
20170001(no dashes) 1
Project Name: MVP Southgate
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r Yes
r No
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r Yes r No r Unknown
County (ies)
Rockingham
Alamance
Please upload all files that need to be submited.
Oickthe upload button or drag and drop files here to attach document
MVP Southgate Response to June RAI.pdf 576.56KB
Only pdf or Iv17 files are accepted.

Describe the attachments
or comments:
Applicant responses to June 12 RAI
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2200 Energy Drive | Canonsburg, PA 15317
833-MV-SOUTH | [e-mail]
www.mvpsouthgate.com

June 26, 2020

Submitted Electronically: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form

North Carolina Department of Environmental Quality
Division of Water Resources
401 & Buffer Permitting Branch
Attn: Jeff Poupart, Chief
1617 Mail Service Center
Raleigh, NC 27699-1617

RE: Response to Request for Additional Information
MVP Southgate Project - Joint Permit Application (DWR # 20181638 v3)

Dear Mr. Poupart:

Please accept this letter submitted by Mountain Valley Pipeline, LLC (“Mountain Valley” or “MVP”)
in response to the North Carolina Department of Environmental Quality’s Division of Water
Resources’ (“DEQ” or “Division”) June 12, 2020 Request for Additional Information (“RAI”). As a
preliminary matter, Mountain Valley respectfully objects both generally and specifically as to the
scope, timing, and nature of the RAI.

Notwithstanding these concerns and objections outlined further herein, Mountain Valley has
attempted to fully respond to DEQ’s questions set forth in the RAI. Nothing in this response should
be construed as an admission or waiver of Mountain Valley’s position set forth in this letter and
we reserve all rights related thereto. For clarity, this response will reference the MVP Southgate
Project, which is the project that is planned to be constructed in Virginia and North Carolina and
seeking a 401 Permit from DEQ, as the “MVP Southgate Project.” This response will reference
the Mountain Valley Pipeline, which is the project located in West Virginia and Virginia, as
“Mountain Valley Project (Mainline)” or “Mainline.” Please further note that the information
provided in Mountain Valley’s Response is publicly available information that the Division can
access through Federal Agencies, State Agencies, and the Courts. The comments from the
request are restated below, followed by Mountain Valley’s response and associated attachments.1

1. The Pre-Construction Notification Form (application) that was submitted on August 14,
2019 states that the applicant for this project is Mountain Valley, LLC. FERC
documentation related to this project indicate that the project will be developed,
constructed, and owned by Mountain Valley Pipeline LLC. Please clarify this

1 Please note, Mountain Valley has made every effort to ensure that the responses in this submittal are
accurate and complete, to the best knowledge of the project team, as of the date of submission.
Page 2 of 30

discrepancy and include information regarding the applicant/permittee for the
associated Federal and State environmental permits for the MVP Southgate Project in
Virginia and Mountain Valley Pipeline Project (mainline).

Mountain Valley Response: The reference to “Mountain Valley LLC” on the Pre-Construction
Notification Form received by the Division on August 14, 2019, was a typographical error. To
clarify, “Mountain Valley Pipeline, LLC,” which was correctly identified in the cover letter and
body of the application, is the correct name of the company that will develop, construct, and
own the MVP Southgate Project. Mountain Valley Pipeline, LLC is the applicant/permittee for
the associated Federal and State environmental permits for both the MVP Southgate Project
and the Mountain Valley Pipeline Project (Mainline). The limited liability company is owned by
MVP Holdco, LLC (47.195%), an affiliate of Equitrans Midstream Corporation; US Marcellus
Gas Infrastructure, LLC (47.195%), an affiliate of NextEra Energy Resources, LLC; WGL
Midstream, Inc. (5.1%), an affiliate of Alta Gas LTD. and RGC Midstream, LLC (0.51%), an
affiliate of RGC Resources, Inc. These same companies are also involved in a partnership on
the Mountain Valley Pipeline Project (Mainline).

2. The Division received numerous comments expressing concern over the potential
construction of the MVP Southgate Project when Mountain Valley Pipeline Project
(mainline) is currently under a stop work order and multiple legal delays/complications.
As stated in the 401 application documents. The overall purpose of the MVP Southgate
Project is “to provide a timely, efficient, and cost-effective means of transporting
natural gas from the existing terminus of the Mountain Valley Pipeline in Pittsylvania
County, Virginia to the T-15 Dan River Interconnect in Rockingham County and then on
to the T-21 Haw River Interconnect in Alamance County, North Carolina, so that the
natural gas may be distributed to local and regional end users via those interconnects.”
In order for the Division to adequately address these comments as part of the review
of the 401 Water Quality Certification application, please provide the following
information with respect to these concerns:

a. An update on the status of all Federal and State permits necessary for the
construction of the MVP Southgate Project in Virginia and the Mountain Valley
Pipeline Project (mainline);

Mountain Valley Response: Before providing the status of all Federal and State permits,
Mountain Valley would like to take this opportunity to share with the agency that on June 18,
2020, the Federal Energy Regulatory Commission (“FERC”) issued a Certificate of Public
Convenience and Necessity (“Certificate”) for the MVP Southgate Project. This is an
important milestone in the project’s regulatory review and represents a key federal approval
of this important infrastructure project.

Since the inception of the MVP Southgate Project, our team has worked diligently with
stakeholders, including landowners, tribes, non-governmental organizations, local officials,
and state and federal agencies, to identify the best possible route for the proposed 75-mile
Page 3 of 30

underground pipeline. Several environmentally beneficial outcomes, as a result of this routing
process, include: (1) collocation with existing utility corridors for approximately half of the
route; (2) no loss of wetlands; and (3) no permanent stream impacts.

Please note, the Certificate includes a condition that states: “While we [FERC] are authorizing
the Southgate Project with this order, we are directing the Office of Energy Projects to not
issue any notice to proceed with construction of the Southgate Project until Mountain Valley
receives the necessary federal permits for the Mainline System, and the Director of the Office
of Energy Projects, or the Director’s designee, lifts the stop-work order and authorizes
Mountain Valley to continue constructing the Mainline System.” Mountain Valley is working
diligently with the Federal agencies and fully expects to resolve all Mainline permitting issues
in a timeframe that is not expected to materially delay the planned commencement of
construction for the MVP Southgate Project.

Construction is targeted to start after all necessary permits are obtained, and per the
conditions in the FERC’s order granting the certificate. Construction is expected to create
approximately 1,700 jobs and generate more than $10 million in state and local tax revenues
in North Carolina and Virginia. After entering service, the MVP Southgate project is expected
to generate more than $4.5 million in new annual ad valorem tax revenues to local
communities along the route and provide the region with the additional supply needed to
meet residential and business demand for affordable, clean-burning natural gas. Local
distribution company Dominion Energy North Carolina has signed a long-term agreement for
80 percent of MVP Southgate’s capacity.

Please see the following key excerpts from the FERC’s order for the MVP Southgate Project:
“We find that Mountain Valley has sufficiently demonstrated that there is market demand for
its project.” (Page 19); “The final EIS concludes that if the Southgate Project is constructed
and operated in accordance with applicable laws and regulations, the project will result in
limited adverse environmental impacts; however, these impacts would be reduced to less-
than-significant levels with the implementation of Mountain Valley’s proposed and
Commission staff’s recommended avoidance, minimization, and mitigation measures, which
are included as conditions in the appendix to this order.” (Page 33-34); “Commission staff
identified numerous reasonable alternatives to the project, which were evaluated in the EIS.
Staff concluded that none of the alternatives analyzed would meet the project’s purpose and
need, be technically feasible, and offer a significant environmental advantage.” (Page 38);
“We encourage collocated pipelines to minimize the space between existing and new
pipelines in order to reduce the impact on natural resources and to minimize the amount of
land that would need to be acquired from landowners… [W]e note that maintaining a 50-foot
separation between pipelines is not uncommon and that there are numerous examples of
pipelines located less than 50 feet apart, including along Transco’s own pipeline system.”
(Page 61); “The Commission encourages cooperation between interstate pipelines and local
authorities. However, this does not mean that state and local agencies, through application
of state or local laws, may prohibit or unreasonably delay the construction or operation of
facilities approved by this Commission.” (Page 67); and “The construction of the Southgate
Page 4 of 30

Project facilities will not commence until Mountain Valley receives the appropriate federal
permits for the Mainline System, and the Director of the Office of Energy Projects, or the
Director’s designee, lifts the stop-work order and authorizes Mountain Valley to continue
constructing the remaining portions of the Mainline System.” (Page 68).

Now, please see the following Tables that include the status of Federal and State permits
and consultations for the construction of the MVP Southgate Project and the Mountain Valley
Pipeline Project (Mainline). For completeness purposes, we have also provided a list of
permits in North Carolina for the MVP Southgate Project.

Federal Permits – MVP Southgate Project
Regulatory Agency Permit2 Status
Federal Energy Regulatory
Commission
NGA Section; Certificate for
Construction and Operation of
Interstate Natural Gas Pipeline
Issued 6/18/2020 and
Active
Federal Energy Regulatory
Commission
National Historic Preservation Act
§ 106 Programmatic Agreement
Executed 5/18/2020 and
Active
U.S. Fish and Wildlife
Service
Consultation Under Section 7 of ESA Concurrence issued
3/19/2020 and Active
U.S. Army Corps of
Engineers – Norfolk District
Clean Water Act § 404 /Rivers and
Harbors Act § 10 Permit
Submitted 11/30/2018
and Returned; Application
Resubmittal Pending
U.S. Army Corps of
Engineers– Wilmington
District
Clean Water Act § 404 /Rivers and
Harbors Act § 10 Permit
Submitted 11/30/2018
and resubmitted
8/9/2019; Application
Resubmittal Pending
U.S. Department of
Transportation (USDOT),
Office of Pipeline Safety
Pre-Construction Notification (90-Days
Prior to the Start of Construction)
Application Submittal
Pending
State Permits (Virginia)– MVP Southgate Project
Regulatory Agency Permit Status
Virginia State Water Control
Board
Section 401 CWA –
Water Quality Certificate and Water
Protection Permit
Submitted 11/30/2018
and Pending
Virginia Department of
Environmental Quality
Annual Standards & Specifications for
Erosion and Sediment Control and
Stormwater Management
Issued 4/15/2020 and
Active
Virginia Department of
Environmental Quality
Erosion and Sediment Control plans
per 9VAC25-840 and the Virginia
Erosion and Sediment Control
Handbook. Stormwater Management
plans per 9VAC25-870 and the
Submitted 7/16/2019 and
Pending

2 For the sake of completeness, the MVP Southgate Project and Mountain Valley Pipeline (Mainline)
tables both include several governmental authorizations, approvals, and consultation processes that are
not necessarily “permits.”
Page 5 of 30

Virginia Stormwater BMP
Clearinghouse
Virginia Department of
Environmental Quality
Article 6 Minor New
Source Air Quality
Permit
Application Submittal
Pending
Virginia Department of
Transportation
Road bonds and crossing permits
under Code of Virginia 33.1-2
Issued 2/07/2020 and
Active
Virginia Marine Resources
Commission
Permit for encroachment on state-
owned submerged lands
Submitted 11/30/2018
and Pending
Consultation Only (Virginia)– MVP Southgate Project
Virginia Department of
Historic Resources
Section 106 NHPA Consultations Programmatic Agreement
Executed 5/18/2020 and
Active
Virginia Department of
Conservation and
Recreation
State-listed species consultation Consultation initiated
7/18/2018
Virginia Department of
Game and Inland Fisheries
State-listed species consultation Consultation initiated
6/5/2018
County Permits (Virginia) – MVP Southgate Project
County Permit Status
Pittsylvania County Floodplain Development Permit Application Submittal
Pending
State Permits (North Carolina)– MVP Southgate Project
North Carolina Department
of Environmental Quality-
Division of Water Resources
Joint Permit Application under Section
401 of CWA; Isolated/non-404
wetlands and water permit

Submitted 11/30/18;
Resubmitted 8/9/2019
and Pending
North Carolina Department
of Environmental Quality –
Division of Energy, Mineral
and Land Resources
General Permit
NCG010000 to discharge
stormwater under the
NPDES for Construction
Activities
Pending
North Carolina Department
of Environmental Quality –
Division of Energy, Mineral
and Land Resources
NC Erosion and Sediment Control Submitted 9/19/2019 and
Pending
North Carolina Department
of Environmental Quality –
Division of Energy, Mineral
and Land Resources
SWG040000 – General Permit to
Construct a Linear Utility Line and
Associated Incidental Built-Upon Area
Submitted 1/24/2020 and
Pending
North Carolina Department
of Natural
and Cultural Resources
Section 106 NHPA Consultations Programmatic Agreement
Executed 5/18/2020 and
Active
North Carolina Department
of Transportation
Road bonds and crossing permits Submitted June 2019 and
Pending

Page 6 of 30

Consultation Only (North Carolina)– MVP Southgate Project
North Carolina Department
of Environmental Quality -
Natural Heritage Program
State-listed species consultation Consultation Initiated
7/17/2018
North Carolina Wildlife
Resources Commission
Listed Species Consultations,
Fish and Wildlife Coordination Act,
N.C. Environmental Policy Act
Consultation Initiated
4/18/2018

County/Municipal Permits (North Carolina) – MVP Southgate Project
County Permit Status
City of Eden Floodplain Development Permit Issued 3/13/2020 and
Active
Rockingham County Floodplain Development Permit Issued 6/10/2020 and
Active
Rockingham County Stormwater Permit Application Submittal
Pending
Alamance County Floodplain Development Permit Submitted 6/2/2020 and
Pending
Alamance County Watershed Development Permit Submitted 6/25/2020 and
Pending
Town of Haw River Floodplain Development Permit Application Submittal
Pending
Town of Haw River Stormwater Permit Application Submittal
Pending
City of Reidsville Floodplain Development Permit Submitted 6/25/2020 and
Pending
City of Graham Floodplain Development Permit Application Submittal
Pending
City of Graham Stormwater Permit Application Submittal
Pending
City of Graham Site Plan Review Application Submittal
Pending
Green Level Stormwater Permit Consultation initiated
3/5/2020

Federal Permits – Mountain Valley Pipeline (Mainline)
Regulatory Agency Permit Status
Federal Energy Regulatory
Commission
NGA Section 7; Certificate for
Construction and Operation of
Interstate Natural Gas Pipeline
Issued 10/13/2017 and
Active
Federal Energy Regulatory
Commission
National Historic Preservation Act
§ 106 Programmatic Agreement
Executed 12/20/2017 and
Active
U.S. Fish and Wildlife
Service
Biological Opinion Issued 11/21/2017 and
Suspended. Submitted
4/27/2020 and Pending
U.S. Army Corps of
Engineers – Pittsburgh
District
Clean Water Act § 404 /Rivers and
Harbors Act § 10 Permit
Resubmitted 1/27/2020
and Pending
Page 7 of 30

U.S. Army Corps of
Engineers– Huntington
District
Clean Water Act § 404 /Rivers and
Harbors Act § 10 Permit
Resubmitted 1/27/2020
and Pending
U.S. Army Corps of
Engineers– Norfolk District
Clean Water Act § 404 /Rivers and
Harbors Act § 10 Permit
Issued 1/23/2018 and
Administratively
Suspended
U.S. Forest Service –
Jefferson National Forest
FS Plan Amendments and ROW
Concurrence to the BLM
Issued 12/2017 and
suspended. Pending
Bureau of Land
Management
Right-of-Way Grants for USACE
Weston and Gauley Turnpike and
NFS Lands; Plan of Development
Submittal
Issued 4th Quarter 2017
partially Active; NFS Lands
Application re-submittal
Pending
U.S. Department of
Transportation (USDOT),
Office of Pipeline Safety
Pre-Construction Notification (90-
Days Prior to the Start of
Construction)
Submitted 4th Quarter 2017
and Active
National Park Service (NPS)
Southeast Region Blue
Ridge Parkway
ROW through NPS Lands Issued 12/28/2017.
Administratively
Suspended. Reissuance
Pending.
National Park Service (NPS)
Southeast Region Blue
Ridge Parkway
Special Use Permit for Construction Issued 12/20/2017 and
Administratively
Suspended. Reissuance
Pending
Consultation Only – Mountain Valley Pipeline (Mainline)
Bureau of Indian Affairs,
Eastern Regional Office
Consultation regarding which tribes
may have potential interest in project
area or presence of traditional cultural
properties, and contact tribes as
appropriate
Consultation Initiated
10/13/2014
USDOT, Office of Safety,
Energy, and the
Environment
Introductory Consultation to the
Project
Consultation Initiated
10/13/2014
NPS, Northeast Region,
Appalachian Trail Park
Office (NPS-APPA) for the
ANST
Consultation regarding potential
impacts to the administration of the
ANST footpath on USFS-managed
land
Consultation Initiated
10/13/2014
U.S. Department of
Agriculture (USDA), Virginia
Consultation regarding organic
farmland
Consultation Initiated
10/13/2014
USDA, West Virginia Consultation regarding organic
farmland
Consultation Initiated
10/13/2014
EPA, Region 3 Air Protection
Division
Project introduction and air permitting
requirements
Consultation Initiated
10/13/2014
U.S. Fish & Wildlife Service Consultation under Section 7 of ESA
for potential impacts on federally
protected species
Consultation Initiated
9/24/2014
U.S. Fish & Wildlife Service Consultation regarding impacts on
migratory birds and fish and wildlife
Consultation Initiated
3/2015

Page 8 of 30

State Permits (West Virginia) – Mountain Valley Pipeline (Mainline)
Regulatory Agency Permit Status
West Virginia Department of
Environmental Protection
Section 401 CWA – Water Quality
Certification for Corps of Engineers
NWPs (modified April 24, 2019 to
address Fourth Circuit ruling)

On 2/27/20, WVDEP
provided notice to USACE
that WVDEP will not
require an individual
certification.
West Virginia Department of
Environmental Protection
Section 401 CWA Water Quality
Certification Waiver to FERC by
WVDEP
The 401 request for the
FERC certificate was
waived by letter issued on
11/01/17 to FERC.
West Virginia Department of
Environmental Protection
National Pollutant Discharge
Elimination System (NPDES) Permit –
Construction Stormwater General
Permit for Construction Activities
Issued 11/1/2017 and
Active
West Virginia Department of
Environmental Protection
Clean Air Permit: Bradshaw
Compressor Station
Issued 3/14/2016 and
Active
West Virginia Department of
Environmental Protection
Clean Air Permit: Harris Compressor
Station
Issued 3/4/2016 and Active
West Virginia Department of
Environmental Protection
Clean Air Permit: Stallworth
Compressor Station
Issued 4/11/2016 and
Active
WVDEP, Division of Water
and Waste Management
Natural Streams Preservation Act
Authorization for Greenbrier River
Issued 7/21/2017 and
Active
West Virginia Department of
Highways
Road Bonds and Crossing Permits Issued 4th Quarter 2017
and Active
West Virginia Department of
Environmental Protection
NPDES Hydrostatic Test Discharge
Permit
Pending Renewal
Submittal
West Virginia Division of
Natural Resources
License and Right of Entry Issued (Multiple) and
Active
West Virginia Department of
Health and Human
Resources
Well Drilling Permit Issued 3/14/2019 and
Closed

County Permits (West Virginia) – Mountain Valley Pipeline (Mainline)
County Permit Status
Braxton County Floodplain Development Permit Issued 2/1/2018 and Active
Doddridge County Floodplain Development Permit Issued 12/9/2018 and
Active
Greenbrier County Floodplain Development Permit Issued 6/22/2019 and
Active
Harrison County Floodplain Development Permit Issued 3/13/2019 and
Active
Lewis County Floodplain Development Permit Issued 11/30/2018 and
Active
Monroe County Floodplain Development Permit Issued 1/3/2018 and Active
Page 9 of 30

Nicholas County Floodplain Development Permit Issued 5/14/2018 and
Active
Summers County Floodplain Development Permit Issued 5/19/2018 and
Active
Webster County Floodplain Development Permit Issued 10/29/2019 and
Active
Wetzel County Floodplain Development Permit Issued 9/23/2019 and
Active
Consultation Only (West Virginia)– Mountain Valley Pipeline (Mainline)
West Virginia Department of
Environmental Protection
Air Quality Permit for air emissions Consultation Initiated
10/10/2014
State Permits (Virginia) – Mountain Valley Pipeline (Mainline)
Virginia Department of
Environmental Quality
Annual Standards & Specifications for
Erosion and Sediment Control and
Stormwater Management
Reissued 4/15/2020 and
Active
Virginia Department of
Environmental Quality
Erosion and Sediment Control plans
per 9VAC25-840 and the Virginia
Erosion and Sediment Control
Handbook. Stormwater Management
plans per 9VAC25-870 and the
Virginia Stormwater BMP
Clearinghouse
Approved 3/26/2018 and
Active
Virginia State Water Control
Board
Section 401 CWA – Water Quality
Certification for Construction and
Operation Impacts on Water and
Wetlands
Conditional Certification of
USACE NWP Issued
Virginia State Water Control
Board
Section 401 Water Quality
Certification No. 17-001 for Project
activities in upland areas outside of
the Corps jurisdictional areas3
Issued 12/8/2017 and
Active
Virginia Marine Resources
Commission
Permit for Encroachment on State-
Owned Submerged Lands
Issued 1/31/2018 and
Active
Virginia Department of
Transportation
Road Bonds and Crossing Permits Issued and Active
Virginia Outdoors
Foundation
Access or Utility Easement
Application
Issued 10/16/17 and Active
Consultation Only (Virginia)– Mountain Valley Pipeline (Mainline)
Virginia Department of
Forestry
Consultation regarding potential
impacts to state-managed forests
Consultation Initiated
10/13/2014
Virginia Department of
Game and Inland Fisheries
(VDGIF)
Consultation regarding potential
impacts to state-managed lands;
Consultation for state threatened and
endangered species
Consultation Initiated
10/13/2014

3 As required by Virginia law, the Mainline is subject to two separate Clean Water Act § 401 certifications.
The MVP Southgate Project requires only one certification from Virginia.
Page 10 of 30

Virginia Department of
Mines, Minerals, and
Energy, Division of Gas and
Oil
Introductory consultation to the
project
Consultation Initiated
10/13/2014
Virginia Department of
Historic Resources (VDHR),
Division of Review and
Compliance (SHPO)
Consultation and clearance regarding
potential impacts on pre-historic and
historic resources eligible for listing on
the National Register of Historic
Places
Programmatic Agreement
Executed 12/20/2017 and
Active
Virginia Department of
Conservation and
Recreation (VDCR), Natural
Heritage
Consultation on potential impacts to
wildlife species and habitat
Consultation Initiated
10/3/2014
Virginia Department of
Environmental Quality,
Office of Water Supply
General Permit No. VAG83 for
hydrostatic test water discharge
Consultation Initiated
1/13/2016 (no permit
required)
Virginia Department of
Environmental Quality,
Office of Water Permitting
Virginia Water Protection Permit for
water withdraw
Consultation Initiated
1/13/2016 (no permit
required)
VADEQ, Office of
Environmental Impact
Review
Introductory consultation to the
project
Consultation Initiated
10/13/2014
County Permits (Virginia) – Mountain Valley Pipeline (Mainline)
County Permit Status
Franklin County Franklin County Land Use Permit Renewal Pending
Giles County Floodplain Development Permit Pending
Montgomery County Zoning Verification Letter Issued 4/23/2018 and
Active
Pittsylvania County Pittsylvania County Floodplain Permit Renewal Pending
Pittsylvania County Special Use Permit – TRANSCO
Cherrystone Interconnect
Issued April 2018
Roanoke County Floodplain Development Permit Issued 6/21/2018 and
Active

b. To the extent not covered under paragraph a, an update of all environmental
permits necessary for the construction of the MVP Southgate Project in Virginia
and the Mountain Valley Pipeline Project (mainline);

Mountain Valley Response: Please see Response 2.a above.

c. An update on the status of all Federal and State litigation related to the MVP
Southgate Project and the Mountain Valley Pipeline Project (mainline);

Mountain Valley Response: Please see the following update on the status of all Federal
and State litigation related to the MVP Southgate Project and/or the Mountain Valley Pipeline
Project (Mainline):

Page 11 of 30

Paylor v. Mountain Valley Pipeline, LLC, Circuit Court of Henrico County, Virginia,
Case No. 087-CL-1800687400

On December 12, 2018, a civil enforcement complaint was served on Mountain Valley,
alleging violations of Virginia’s environmental law and regulations at sites in Craig, Franklin,
Giles, Montgomery, and Roanoke counties. Mountain Valley filed its responsive pleading in
January 2019. The matter was resolved through the development of a consent decree that
included a civil penalty of $2,150,000 for all alleged violations through September 18, 2019,
provisions of stipulated penalties for future violations, and a robust environmental compliance
program. Following a public comment period, the Consent Decree was executed and entered
by the court on December 11, 2019. The civil penalty has been paid.

Appalachian Voices v. FERC, D.C. Circuit Court of Appeals, Case No. 17-1271
(consolidated with 18-1175, 18-1002, 18-1177, 18-1186, 18-1216, 18-223)

In these consolidated matters, various opposition groups challenge the FERC Certificate of
Convenience and Necessity asserting numerous theories: FERC failed to support its finding
that the project is required by public convenience and necessity under the NGA; FERC failed
to support its grant of a 14% return on equity; FERC failed to properly assess the
environmental impacts of the project under NEPA; FERC failed to complete consultation
under Section 106 of the NHPA; FERC failed to adequately consult with tribal
representatives; FERC improperly denied Vance and Rhodd’s motion to intervene; FERC
should have used its conditioning authority to prevent a “quick take”; FERC should have
considered constitutional challenges to grants of eminent domain under the NGA where
construction proceeds prior to judicial review; FERC’s use of conditional certificates to
authorize eminent domain is unconstitutional; FERC failed to respond adequately to Teekel’s
comments on the DEIS and FEIS; FERC failed to establish a valid public use under the Fifth
Amendment prior to authorizing eminent domain; FERC failed to include consulting parties
in the NHPA Section 106 process; FERC failed to consider adequately alternative Hybrid 1A
under NEPA; FERC’s grant violated the Transportation Act; and FERC failed to consider
impacts of the multiple pipelines for which MVP sought easements.

Appalachian Voices moved in July 2018 to stay the certificate, and MVP and the FERC
opposed that motion. The motion was denied in August 2018. The parties then briefed the
substantive issues, and oral argument was held in January 2019. On February 19, 2019, the
D.C. Circuit denied the petitions for review. In its order, the D.C. Circuit found the following:
The finding of a market need for the MVP project was reasonable and supported; Arguments
challenging MVP’s exercise of eminent domain authority were without merit; FERC certificate
issuance did not hinge on the BLM’s and Forest Service’s grant of a right-of-way through
federal lands; MVP’s exercise of eminent domain authority does not pose any Takings Clause
issues; MVP’s use of eminent domain authority is consistent with Fifth Amendment; No
evidence was presented substantiating a claim that FERC did not consider adequately
climate change impacts of downstream greenhouse gas emissions; FERC’s environmental
Page 12 of 30

impact analysis was reasonable; Challenges brought under the NHPA were without merit;
and FERC was within its right to participate as a consulting party in the section 106 process.
No petitions for rehearing were filed by the April 5, 2019, deadline. The Court issued a
mandate on April 17, 2019.

Bold Alliance v. FERC, U.S. District Court for the District of Columbia, Case No. 1:17-
cv-01822-RJL; appealed to D.C. Circuit Court of Appeals, Case No. 18-5322

A group of parties filed a complaint in the U.S. District Court for the District of Columbia
asserting that the FERC's order issuing certificates is unlawful on constitutional and other
grounds in Bold Alliance, et al. v. FERC, et al., Case No. 1:17-cv-01822-RJL. In December
2017 and January 2018, the FERC and the MVP Joint Venture, respectively, moved to
dismiss the petitions for lack of subject matter jurisdiction. The court granted the motion and
dismissed plaintiffs' complaint on September 28, 2018. On October 26, 2018, plaintiffs
appealed to the DC Circuit in Bold Alliance, et al. v. FERC, et al., Case No. 18-5322. On
December 3, 2018, the FERC, as appellee, filed a joint motion with the appellants to hold
Case No. 18-5322 in abeyance pending completion of the appeals of the final agency orders
related to the MVP certificate in consolidated Case No. 17-1271 and Atlantic Coast Pipeline’s
(ACP) certificate. The MVP Joint Venture filed a motion to dismiss the case as to some of
the plaintiffs. On February 15, 2019, the DC Circuit entered an order holding this appeal in
abeyance pending rulings on the appeals from the ACP and MVP FERC proceedings. ACP's
proceeding remains pending. Case No. 18-5322 remains in abeyance.

Bohon v. FERC, U.S. District Court for the District of Columbia, Case No. 1:20-cv-
00006-JEB

On January 2, 2020, six owners of tracts in Virginia filed this action asking the court to declare
that the delegation of authority to FERC under the Natural Gas Act violates the nondelegation
doctrine and separation-of-powers principle Plaintiffs also seek an injunction “preventing
FERC from acting upon its delegated powers and issuing certificates and preventing
certificate-holders from exercising the power of eminent domain using void certificates; as
well as any other relief that this Court deems just and proper.” Previously, landowners
represented by the same law firm brought an action challenging FERC’s authority to issue a
certificate to MVP. Orus Ashby Berkley, et al. v. Mountain Valley Pipeline, et al., United
States District Court for the Western District of Virginia, No. 7:17-cv-00357. The court
dismissed the action for lack of subject matter jurisdiction on the grounds that the review
procedures under the Natural Gas Act are exclusive. The Fourth Circuit affirmed, and the
Supreme Court of the United States denied certiorari. Another group of landowners filed a
similar case in the United States District Court for the District of Columbia. Bold Alliance, et
al. v. Federal Energy Regulatory Commission, et al., No. 17-cv-01822. The district court
dismissed that case on the same grounds. The landowners have appealed to the D.C.
Circuit. On March 6, 2020, MVP filed a motion to dismiss for lack of subject matter jurisdiction
under Rule 12(b)(1) and for failure to state a claim under Rule 12(b)(6). On March 9, 2020,
Page 13 of 30

FERC also filed a motion to dismiss under Rule 12(b)(1). The landowners filed their response
on April 3, 2020, and the defendants filed their replies on April 17, 2020.

On May 6, 2020, District Judge Boasberg issued a memorandum opinion and order granting
the motions to dismiss filed by MVP and FERC. Based on Section 19 of the Natural Gas Act,
the court concluded that it lacked subject matter jurisdiction.

Sierra Club v. U.S. Forest Service and Sierra Club v. BLM and U.S. Forest Service,
Fourth Circuit, Case No. 17-2399 (consolidated with 18-1012, 18-1019, 18-1036)

Plaintiffs appealed the Forest Service’s Record of Decision amending the Jefferson National
Forest’s Land and Resource Management Plan for MVP, including the Bureau of Land
Management’s (BLM) right-of-way grant and temporary use permit, the Forest Service’s
concurrence with the right-of-way grant, and numerous other issues related to FERC’s NEPA
analysis, on which BLM and the Forest Service, as cooperating agencies, relied. MVP
intervened. On July 27, 2018, the Court vacated and remanded the Forest Service’s Record
of Decision amending the Jefferson National Forest’s Land and Resource Management Plan
for MVP, including the BLM’s right-of-way grant and temporary use permit.

On August 15, 2018, Sierra Club filed an emergency Motion for Injunction, which MVP
opposed. On August 24, 2018, the BLM filed its practicability analysis with FERC. On
September 10, 2018, MVP petitioned the panel for rehearing, asking that the Court clarify
that its vacatur applies only to BLM’s authorization of the right-of-way for MVP to cross the
Forest and that the vacatur does not apply to BLM’s authorization of the right-of-way for MVP
to cross the Turnpike Trail. In September 2018, the Court denied the Motion for Injunction,
and the Corps of Engineers responded to the petition for rehearing, supporting MVP’s
position. On October 10, 2018, the Fourth Circuit granted rehearing to clarify that the order
did not vacate the portion of the BLM’s Record of Decision authorizing MVP to cross the
Turnpike Trail. On October 15, 2018, MVP filed with FERC a request to modify the August 3,
2018, stop work order to allow MVP to complete the bore and install the pipeline under the
Turnpike Trail. FERC granted MVP’s request.

Sierra Club v. State Water Control Board, Fourth Circuit Court of Appeals, Case No.
17-2406 (consolidated with 17-2433)

On December 27, 2017, the Sierra Club appealed the Virginia State Water Control Board’s
(SWCB) December 8, 2017, decision to issue a Section 401 Water Quality Certification to
Mountain Valley for upland construction activities. In a published decision issued August 1,
2018 (898 F.3d 383), the Fourth Circuit denied the petition for review, finding that the SWCB
had not acted arbitrarily and capriciously in issuing a water quality certification to Mountain
Valley.

Page 14 of 30

Sierra Club v. U.S. Army Corps of Engineers (Huntington District Case), Fourth Circuit
Court of Appeals, Case No. 18-1173

On February 13, 2017, the Sierra Club petitioned for review of the U.S. Army Corps of
Engineers (Corps), Huntington District’s authorization under the Nationwide Permit (NWP)
12 for the discharge of dredge and fill material associated with the construction of MVP (404
Permit). After briefing and arguments, on October 2, 2018, the Court vacated the
authorization. On November 27, 2018, the Fourth Circuit issued an opinion providing the
rationale for its vacatur. Regarding stay proceedings, on May 22, 2018, Sierra club moved
for a stay of the Corps’ authorization, claiming that it was invalid because MVP did not meet
the 72-hour crossing requirement for streams. The stay was granted on June 21, 2018. On
July 11, 2018, the Corps moved to lift the stay after reissuing authorization, waiving the 72-
hour requirement for streams based on its determination that MVP’s proposed crossing
method was more environmentally protective than other methods but could not be
accomplished in 72 hours. The Sierra Club appealed the reissued authorization, and that
appeal was consolidated with the existing appeal.

On August 28, 2018, the Fourth Circuit lifted the stay issued on the first authorization. On
October 2, 2018, after oral argument on the challenge to the reissued authorization, the Court
vacated the Huntington District’s verification on November 27, 2018, the Court issued its
opinion. WVDEP has modified the terms of the NWP through a public comment process and
forwarded the changes to the USEPA and USACOE for approval. USEPA’s administrative
approval on the modification was issued on August 8, 2019. The USACE approved the
WVDEP NWP program changes on January 24, 2020.

Sierra Club v. U. S. Army Corps of Engineers (Norfolk District Case), Fourth Circuit
Court of Appeals, Case No. 18-1713

On June 26, 2018, the Sierra Club appealed the U.S. Army Corps of Engineers (Corps),
Norfolk District’s authorization under NWP 12 for the discharge of dredge and fill material
associated with the construction of the MVP project (404 Permit). Sierra Club sought a stay,
which the Fourth Circuit denied. After the Fourth Circuit’s order vacating the Huntington
District’s verification, the Norfolk District, on October 5, 2018, suspended its verification under
NWP 12 for stream crossings in Virginia pending the resolution of the West Virginia
proceedings. On December 10, 2018, the Corps filed a motion to hold the case in abeyance,
which the Court granted on January 9, 2019.

Greenbrier River Watershed Ass’n v. WVDEP, Circuit Court of Summers County, West
Virginia, Case No. 18-AA-1

In August 2017, the Greenbrier River Watershed Association appealed MVP’s Natural
Stream Preservation Act Permit obtained from the West Virginia Environmental Quality Board
(WVEQB) for the Greenbrier River crossing. WVEQB dismissed the appeal in June 2018. In
July 2018, the Greenbrier River Watershed Association appealed to the Circuit Court of
Page 15 of 30

Summers County, asking the Court to remand the permit with instructions to impose state-
designated construction windows and pre- and post-construction monitoring requirements as
well as a reversal of the WVEQB's decision that the permit was lawful. On September 18,
2018, the Court granted a stay. A hearing on the merits was held on October 23, 2018. The
Court has not yet issued a decision.

Wild Virginia v. U.S. Department of the Interior, Fourth Circuit Court of Appeals, Case
No. 19-1866

On August 12, 2019, various environmental NGOs filed a petition for review of the 2017
Biological Opinion (BiOp) and Incidental Take Statement (ITS) for the Mountain Valley
Pipeline (Mainline). That same day, these groups sent a letter to the U.S. Fish & Wildlife
Service (USFWS) requesting that the Service administratively stay the BiOp and ITS. After
consultation with both FERC and the Service, MVP agreed to voluntarily suspend certain
new activities that create the potential risk of harm to listed species and habitat.

On August 21, 2019, Petitioners filed a motion to stay the BiOp and ITS with the Fourth
Circuit, which the Court granted on October 11, 2019. Thereafter, FERC issued a stop work
order to MVP. The Fourth Circuit granted the parties’ joint motion to hold the case in
abeyance until a new biological opinion is issued. After completion of the consultation period
which was extended until May 27, 2020, the USFWS is expected to issue a new biological
opinion and incidental take statement for the MVP project by July 11, 2020.

Cowpasture River Preservation Association v. U.S. Forest Service, Fourth Circuit
Court of Appeals, Case No. 18-1144; appealed to United States Supreme Court, Case
No. 18-1584 & 18-1587

On December 13, 2018, in an unrelated case involving the Atlantic Coast Pipeline (ACP), the
Fourth Circuit held that the U.S. Forest Service, which is part of the Department of
Agriculture, lacked the authority to grant rights-of-way for oil and gas pipelines to cross the
Appalachian Trail. On February 11, 2019, the DOJ filed its petition for rehearing and en banc
review. On February 26, 2019, the Fourth Circuit denied both ACP’s and DOJ’s petitions.
On May 16, 2019, DOJ filed a motion with the U.S. Supreme Court seeking an extension for
the filing of a petition for a writ of certiorari to June 25, 2019. On June 25, 2019, both the
DOJ and ACP filed petitions for U.S. Supreme Court review. On October 4, 2019, the U.S.
Supreme Court elected to accept the Cowpasture case for review by issuing a writ of
certiorari. Oral argument was held on February 24, 2020. The Court issued its decision on
June 15, 2020 reversing and remanding to the Fourth Circuit.

Sierra Club v. U.S. Department of Interior, Fourth Circuit Court of Appeals, Case No.
18-1082

On August 6, 2018, in an action not involving MVP, the Fourth Circuit held that: (1) the
National Park Service (NPS) acted arbitrarily and capriciously in granting a right-of-way
Page 16 of 30

permit to ACP across the Parkway that incorrectly cited the wrong source of legal authority
and (2) the NPS failed to fulfill the requirements needed to exercise any such authority by
not making “the threshold determination that granting the right-of-way is ‘not inconsistent with
the use of such lands for parkway purposes’ and the overall National Park System to which
it belongs.” Even though MVP is not named in the ACP litigation, the MVP route crosses the
Blue Ridge Parkway roughly midway between mileposts 246 and 247 of the pipeline route
and implicates some the same deficiencies addressed by the Court. MVP elected to request
that the NPS temporarily suspend the Blue Ridge Parkway permit until the noted deficiencies
are resolved. MVP’s construction across the Parkway was already completed prior to this
challenge. NPS granted MVP the ability to continue final restoration efforts during the permit
suspension. MVP is working with the NPS to address any outstanding issues.

Northern Plains Resource Council v. U.S. Army Corps of Engineers, Case No. 4:19-cv-
00044-BMM, U.S. District Court for the District of Montana; appealed to Ninth Circuit
Court of Appeals, Case No. 20-35412, 20-35414, 20-35415

On April 15, 2020, the U.S. District Court for the District of Montana found that the Army
Corps of Engineers (Corps) was required to conduct Endangered Species Act (ESA)
consultations with federal wildlife agencies when it last revised Nationwide Permit 12 (NWP
12) in 2017. Based on these findings, the Court enjoined the Corps from authorizing any
dredge or fill activities under NWP 12 in Montana, vacated NWP 12 and remanded it to the
Corps to consult with the U.S. Fish and Wildlife Service and prohibited the Corps from
authorizing projects under NWP 12 until consultation is complete.

The Department of Justice and the litigants sought reconsideration of the decision, asking
the Court to overturn and/or narrow its order on an expedited basis. On April 28, 2020, the
Court denied the DOJ’s motion to stay the vacatur pending appeal but granted a motion for
expedited briefing. On May 11, 2020, Judge Morris denied the U.S. Army Corps’ motion to
stay the order pending appeal and narrowed the original opinion’s scope to allow use of
Nationwide Permit 12 on projects other than oil and gas pipelines and routine maintenance,
inspection and repair activities on existing Nationwide Permit 12 projects. The Department of
Justice appealed the decision to, and requested a stay from, the Ninth Circuit Court of
Appeals on May 13, 3020. The Ninth Circuit denied the motion to stay on May 29, 2020.
DOJ filed an appeal to the U.S. Supreme Court on June 15, 2020.

Mountain Valley Pipeline, LLC v. Wender, Case No. 2:17-cv-04377, U.S. District Court
for the Southern District of West Virginia

Mountain Valley Pipeline, LLC proposed to construct the Stallworth Compressor Station in a
location that was classified under the Fayette County (W. Va.) Unified Development Code
(2009) (the “Zoning Ordinance”) as a “Rural-Residential” District that excluded industrial
facilities. As a result, Fayette County required that MVP rezone the property and then apply
for a special use and building permit. Mountain Valley representatives worked proactively
with Fayette County officials to satisfy the requirements of the Zoning Ordinance to the extent
Page 17 of 30

reasonably possible. This included the August 2, 2017 filing of a complete Rezoning
Application per the County’s request. On November 17, 2017, after multiple hearings and
hours of MVP testimony, the Fayette County Commission voted to deny MVP’s Rezoning
Application. As a result, on the same day as the denial, MVP filed an action in federal district
court seeking a declaratory judgment that the application of the Zoning Ordinance to the
Stallworth Station was preempted by the Natural Gas Act (NGA). On August 29, 2018, U.S.
District Court for the Southern District of West Virginia issued a Memorandum Opinion and
Order granting summary judgment to MVP. On November 8, 2018, the Court entered a
Judgment Order that permanently enjoined the application of the Zoning Ordinance within
the FERC Jurisdictional Area (defined as the area authorized in the FERC Certificate for
construction and operation of the Stallworth Station). Fayette County did not file an appeal.

Stevens Engineers & Constructors, Inc. v. Bolt Construction, Inc., Civil Action 20-C-
14, Circuit Court of Wetzel County, West Virginia

On April 27, 2020, Stevens Engineers & Constructors, Inc. (“Stevens”) and Benchmark
Electrical Solutions, Inc. (“Benchmark”) filed a complaint in Wetzel County, West Virginia, to
enforce their mechanic’s liens against MVP and for breach of contract against Bolt
Construction, Inc. (“Bolt”). Bolt is Mountain Valley’s general contractor hired to construct the
Bradshaw Compressor Station. Mountain Valley has filed their response with the court.

MVP v. Easements, U.S. District Court for the Western District of Virginia, Case No.
7:17-cv-00492; appealed to Fourth Circuit Court of Appeals, Case No. 20-1306

Mountain Valley is condemning private lands for construction of the MVP pipeline in Virginia.
The Court granted immediate possession on January 31, 2018, and the landowners
appealed to the Fourth Circuit. On February 5, 2019, the Fourth Circuit affirmed the grant of
immediate possession. The landowners sought rehearing, which was denied on March 5,
2019. Several landowners have filed a petition for a writ of certiorari as described below.

On October 7, 2019, The United States Supreme Court issued an order denying landowner’s
requests to review the Fourth Circuit’s ruling in our favor on immediate access. With this
ruling, challenges to our immediate access rights on the MVP Mainline have concluded. On
February 21, 2020, landowners Robert M. Hamm and Aimee C. Hamm filed a notice of
appeal from an order granting summary judgment in favor of MVP on the issue of just
compensation. The appeal has been docketed by the Fourth Circuit as Mountain Valley
Pipeline, LLC v. 0.15 Acres of Land, No. 20-1219. The appellants’ brief is due June 16, 2020,
and MVP’s brief is due July 16, 2020.On March 11, 2020, landowners Bruce M. Coffey and
Mary E. Coffey filed a notice of appeal from an order granting summary judgment in favor of
MVP on the issue of just compensation. The appeal has been docketed by the Fourth Circuit
as Mountain Valley Pipeline, LLC v. 0.47 Acres of Land, No. 20-1306. The appellants’ brief
was due June 22, 2020 and MVP’s brief is due July 21, 2020.

Page 18 of 30

MVP v. Easements, U.S. District Court for the Southern District of West Virginia, Case
No. 2:17-cv-004214

Mountain Valley is condemning private lands for construction of the MVP pipeline in southern
West Virginia. The Court granted immediate possession on February 21, 2018, and the
landowners appealed to the Fourth Circuit. On February 5, 2019, the Fourth Circuit affirmed
the grant of immediate possession. The landowners sought rehearing, which was denied on
March 5, 2019. On March 13, 2019, the Fourth Circuit denied another appeal by a coal
owner, which sought an order requiring the lower court to consider lost coal claims as part of
the condemnation proceedings. The Fourth Circuit held that lost coal claims need not be
addressed in the condemnation proceedings. Petition for Cert was filed with the U.S.
Supreme Court. On October 7, 2019, The United States Supreme Court issued an order
denying landowner’s requests to review the Fourth Circuit’s ruling in our favor on immediate
access. With this ruling, challenges to our immediate access rights on the MVP Mainline
have concluded. MVP has settled all known interest owners except for Paco Land, which is
set for trial beginning September 1, 2020 in Charleston, West Virginia. Summary Judgment
is pending as to the remaining unknown interest owners.

MVP v. Easements, United States District Court for the Northern District of West
Virginia, Case No. 1:17-cv-0211

Mountain Valley is condemning private lands for construction of the MVP pipeline in northern
West Virginia. The Court granted immediate possession on February 21, 2018, and the
landowners appealed to the Fourth Circuit. On February 5, 2019, the Fourth Circuit affirmed
the grant of immediate possession. The landowners sought rehearing, which was denied on
March 5, 2019. On March 13, 2019, the Fourth Circuit denied another appeal by a coal
owner, which sought an order requiring the lower court to consider lost coal claims as part of
the condemnation proceedings. The Fourth Circuit held that lost coal claims need not be
addressed in the condemnation proceedings.

In April of 2019, the U.S. Supreme Court refused to hear a similar landowner petition filed in
a Transcontinental Gas Pipe Line Co. matter. Petition for Cert was filed with the U.S.
Supreme Court. On October 7, 2019, The United States Supreme Court issued an order
denying landowner’s requests to review the Fourth Circuit’s ruling in our favor on immediate
access. With this ruling, challenges to our immediate access rights on the MVP Mainline
have concluded. MVP has settled all known interest owners. Summary Judgment is pending
as to the remaining unknown interest owners.

Jones v. MVP, Circuit Court of Giles County, Virginia, Case No. CL18-752; Gray v. MVP,
Circuit Court of Giles County, Virginia, Case No. CL18-753

On February 7, 2019, MVP was served with two separate, but identical lawsuits filed by two
individuals who were arrested for trespass on August 24, 2018, after they parked their
vehicles on a portion of the MVP Mainline right-of-way and caused a work stoppage. The
Page 19 of 30

criminal charges were ultimately dismissed, and the individuals filed these suits for malicious
prosecution and conspiracy. The judge who has been handling the case determined that he
has a conflict, so a new judge will be assigned. The defendants have filed numerous pretrial
motions that need to be argued and decided.

Briarwood Development, LLC v. MVP, Circuit Court of Giles County, Virginia, Case No.
CL18-775

On February 27, 2019, MVP was served with a lawsuit filed by a business whose surface is
being condemned for the MVP project. On October 9, 2019, the Court issued a letter opinion
concluding that Briarwood’s complaint fails to state a claim. However, the Court gave
Briarwood 21 days to file an amended complaint. Briarwood has now filed an amended
complaint with additional allegations in support of its claims. MVP has filed another motion
to dismiss. On June 4, 2020, the Court heard argument on the motion to dismiss and took
the motion under advisement.

Flora v. MVP, U.S. District Court for the Western District of Virginia, Case No. 7:18-cv-
00240

The owners of three tracts filed this case seeking injunctive relief and damages due to mud
and water allegedly running from specific Mountain Valley Pipeline (Mainline) easement
areas onto their properties. On June 12, 2018, the Court held a hearing on the plaintiffs’
motion for a preliminary injunction. On August 3, 2018, the Court denied that motion. The
Court found that plaintiffs had not made a sufficient showing that future trespasses are likely.
The Court has scheduled this case for trial on January 11, 2021.

Estate of Jay Blough v. MVP, Allegheny County, PA, Court of Common Pleas Civil
Action No. GD-19-010146

On July 19, 2019 a complaint was filed by the Estate of Jay Blough, an employee of
Precision’s subcontractor Beeghly Tree Service, LLC, who died as a result of a tree-felling
incident on March 25, 2018, on Spread C of the Mountain Valley Pipeline Project (Mainline).
The parties are now engaged in written discovery.

Mountain Valley Pipeline, LLC v. Tree-Sitter 1, Circuit Court of Montgomery County,
Virginia, Case No. CL19001428

This matter is an action in the Circuit Court of Montgomery County against named defendants
seeking an injunction and damages for the unlawful occupation of easements on the Bohon
tract. At the same time, MVP moved the court for a temporary injunction ordering the
defendants removed from the property. MVP set a hearing on August 15, 2019. On August
14, 2019, the four named defendants filed a notice of removal to federal court alleging
diversity of citizenship. As a result, the hearing on August 15, 2019 was cancelled. Because
there is no diversity, MVP filed a motion to remand and requested its attorney’s fees and
Page 20 of 30

costs. On August 23, 2019, Judge Dillon remanded the case to state court and awarded
MVP attorney’s fees against the removing defendants.

Vest v. Mountain Valley Pipeline, LLC, Record No. 191014, Supreme Court of Virginia

This matter pertains to a dispute regarding access to survey property. On December 19,
2019, the Supreme Court of Virginia agreed to hear Vest’s appeal. Briefing is now complete,
and oral argument was held on April 15, 2020, by telephone conference.

d. A summary of all Federal and State compliance and enforcement actions (both
resolved and pending) relating to the MVP Southgate Project in Virginia and the
Mountain Valley Pipeline Project (mainline)

Mountain Valley Response: Please note, the MVP Southgate Project has not been subject
to any Federal or State compliance or enforcement actions. For the Mountain Valley Pipeline
Project (Mainline), Mountain Valley recently responded to a similar request from the U.S.
Fish and Wildlife Service (USFWS). For convenience, the response below and the attached
spreadsheet (Attachment No. 1) are adapted from that response. Attachment No. 1 includes
a list of alleged noncompliance with erosion and sediment control requirements overseen by
FERC, Virginia Department of Environmental Quality (VDEQ), and West Virginia Department
of Environmental Protection (WVDEP). To provide a complete response to DEQ’s request,
Attachment No. 2 includes all additional noncompliance reports that were not within the scope
of Attachment No. 1 because they do not relate to erosion and sediment control. Please note
that all Federal and State compliance and enforcement matters that are listed in Attachment
No. 1 and Attachment No. 2 have been fully addressed by Mountain Valley as required.

The following is adapted from the response to USFWS:

For background purposes, Mountain Valley Pipeline (Mainline) is subject to erosion and
sediment control requirements under the jurisdiction of FERC (entire project), VDEQ (Virginia
only), and WVDEP (West Virginia only). Each of these agencies routinely conducts
compliance inspections and special inspections in response to third party complaints or other
events. Additionally, Mountain Valley employs a team of Environmental Inspectors that
conduct frequent inspections as required by FERC and the respective state agencies. The
attached spreadsheet (Attachment No. 1) summarizes all alleged violations of erosion and
sediment control requirements identified by FERC, VDEQ, and WVDEP.

The typical erosion and sediment control measures employed on the project are temporary
controls that may become degraded by the elements as they perform their intended function.
They also are frequently damaged by wildlife, livestock, and third parties. For these reasons,
the project’s controls require a system of regular inspection and continuous maintenance and
repair to remain effective.

Page 21 of 30

Inspection reports prepared by FERC, VDEQ, WVDEP, and Mountain Valley’s inspectors
play a vital role in the project’s erosion and sediment control maintenance program. The vast
majority of items noted on inspection reports are not violations; they are erosion and sediment
controls that require maintenance due to damage or normal degradation or other minor
issues that require Mountain Valley’s attention. All such issues flagged in any agency or
Mountain Valley inspection report are entered into Mountain Valley’s punchlist tracking
system each day. Depending on the issue, Mountain Valley typically has a prescribed
timeframe (typically 24 hours or three days) to correct minor items noted on inspection reports
before they potentially become a violation. Mountain Valley generates a daily punchlist
tracker to identify where its environmental maintenance crew resources are deployed each
day and to verify that necessary maintenance has been performed. The tracking system does
not differentiate between items that may or may not constitute a violation; all items noted in
inspection reports are added to the punchlist for prompt correction by Mountain Valley.

FERC, VDEQ, and WVDEP have markedly different processes for identifying,
communicating, and resolving erosion and sediment control issues that rise to the level of an
alleged violation. FERC’s Compliance Monitor provides Mountain Valley with the regular
Weekly Summary Reports that summarize the findings of all FERC inspections conducted
during the relevant week. In addition to flagging “Problem Areas” that remain in compliance
but require attention, the reports categorize potential violations as either “Noncompliance” or
“Serious Violation.” The attached table includes all reports of “Noncompliance” in Weekly
Summary Reports that relate to erosion and sediment control. The information in the
“Description of Deficiency” column for FERC inspections is copied directly from the reports.
Mountain Valley has not received any reports of “Serious Violation” from FERC.

WVDEP documents any incident of alleged noncompliance found by its inspectors in a
“Notice of Violation” that is provided to Mountain Valley. Mountain Valley must submit
responses within twenty days documenting that corrective action was taken. In the attached
table, the “Description of Deficiency” column for WVDEP inspections is copied directly from
the relevant Notice of Violation. The corresponding “Remedial Action” entries are copied from
Mountain Valley’s responses to WVDEP. Please note, that on March 19, 2019, WVDEP
issued a proposed Consent Order to address twenty-six (26) Notices of Violation to Mountain
Valley for various sediment and erosion control issues in 2018. Mountain Valley and WVDEP
reached a settlement agreement which was posted for public notice. On October 2, 2019,
Mountain Valley submitted the required corrective action plan to the agency and paid the civil
penalty amount of $265,972.00 in full.

VDEQ issues regular inspection reports to Mountain Valley but it is does not specifically
identify which issues constitute alleged violations. VDEQ exercises discretion to provide
notices that include groups of alleged violations. On July 9, 2018, VDEQ provided Mountain
Valley with a Notice of Violation that addressed alleged violations from May and June 2018.
VDEQ subsequently filed a civil enforcement complaint against Mountain Valley on
December 7, 2018, that was inclusive of all alleged violations as of that date (including those
Page 22 of 30

in the July notice).4 That complaint was resolved through the entry of a Consent Decree that
resolved all alleged violations of Virginia’s erosion and sediment control requirements from
the start of construction through September 18, 2019. Mountain Valley does not possess
specific information about many violations alleged by VDEQ or a precise count of the number
of alleged violations. In Attachment No. 1, the “Description of Deficiency” column for VDEQ
inspections is copied directly from the civil enforcement complaint. The source of the
information in the “Remedial Action” column is identified in each entry.

Attachment No. 1 demonstrates that the vast majority of alleged erosion and sediment control
violations are “technical violations” that are not associated with any environmental impact.
These primarily reflect instances in which routine maintenance or other actions were not
completed by a prescribed deadline. Using VDEQ’s alleged violations, for example, 87% of
the total number of alleged violations involved the failure to complete maintenance or
stabilization activities within the requisite timeframes, deficiencies in daily paperwork, or
similar issues. Sediment was observed exiting the project right-of-way in only 13% of
violations alleged by VDEQ and fewer than half of those instances involved sediment
reaching a stream. Furthermore, Mountain Valley is required to retrieve sediment that leaves
the right-of-way (provided the landowner provides permission to enter private property),
which typically involves crews using shovels and buckets to collect small quantities of
deposited sediment.

e. An update on recent Federal and State legislation that affects the construction of
MVP Southgate Project and the Mountain Valley Pipeline Project (mainline),
including VA HB167;

Mountain Valley Response: Please note, DEQ’s request for updates on “recent” legislation
did not specify the period to be covered. This response includes relevant legislation that has
been enacted since MVP Southgate’s 401 application was submitted on August 09, 2019.
Although relevant, listed legislation may not be applicable to either project. Mountain Valley
is not aware of any legislation in West Virginia that has the potential to affect construction of
Mainline.

Federal Regulation5

Pipeline and Hazardous Materials Safety Administration (PHMSA) Mega Rule Part 1

Published in Federal Register on October 1, 2019, this rule goes into effect July 1, 2020.
Under the PHMSA “mega-rule”, PHMSA is requiring natural gas pipeline operators to perform
integrity assessments on certain pipelines outside of High Consequence Areas (HCAs)

4 Please see Response 2.c. above, Paylor and State Water Control Board v. Mountain Valley Pipeline,
LLC, Circuit Court of Henrico County, Virginia, Case No. 087-CL-1800687400.
5 Mountain Valley is not aware of any recent Federal legislation that is responsive to the RAI. Although
the RAI did not specifically request recent regulatory actions, the rule described in this section has been
provided as additional information.
Page 23 of 30

Pipelines in Class 3 locations, Class 4 locations, and in the newly defined “moderate
consequence areas” (MCA). Covered pipelines must be assessed initially within 14 years of
this rule's publication date and then must be reassessed at least once every 10 years
thereafter. MVP Southgate has designed its pipeline to meet the conditions of this rule and
will meet the updated inspection, reporting, and records retentions standards.

HB 167 (Ware) – Recovery of Fuel Cost Factor for Electric Utilities (codified at Va. Code
§ 56-259.6)

In any proceeding by electric utility before the Virginia State Corporation Commission for the
recovery of fuel costs, including certain costs incurred under a natural gas capacity contracts,
the Commission must require the utility to prove that the utility has taken into consideration
certain factors, including those related to costs, reliability of service, needs, and other
alternatives. This provision does not apply to MVP Mainline or MVP Southgate because
neither entity is an electric utility as defined in the Code of Virginia. Nor is the law expected
to affect any currently contracted recipients of gas from the projects in Virginia. This law takes
effect on July 1, 2020.

HB 646 (Hurst) Penalties for Certain Water Quality Violations (codified at Va. Code §
62.1-44.15)

This law, which becomes effective on July 1, 2020, allows the Virginia State Water Control
Board to issue special orders with civil penalties of up to $50,000 per violation, not to exceed
$500,000 per order, for a natural gas pipeline project exceeding 36” in diameter. These
penalty caps reflect an increase from the Board’s authority to assess civil penalties in special
orders for other types of activities, which is capped at $32,500 per violation and $100,000
per order. However, the statute requires additional procedural safeguards to commensurate
with the increased penalty authority. The Board may assess a penalty under this subdivision
if the project has been issued at least two written notices of alleged violations previously and
the violations have not been resolved, and there is a finding that such violations occurred
after a hearing was conducted and other due process considerations. The actual amount of
any penalty assessed must be based upon the severity of the violation, the extent of any
potential or actual environmental harm, the compliance history of the person, any economic
benefit realized from the noncompliance, and the ability of the person to pay the penalty. This
penalty section of the Code of Virginia is rarely used and not expected to have an impact on
the Mainline. It does not apply to MVP Southgate.

SB 1075 (McClellan) Notice Requirements for Certain Projects (codified at Va. Code §
10.1-1307.1)

This law increases the public notice requirements for applicants of certain fossil fuel projects,
including a natural gas compression station. When the Virginia Air Control Pollution Board
finds there is a locality “particularly affected” by such variance or permit, the applicant needs
to publish a notice in a local paper of general circulation, at least 60 days prior to the close
Page 24 of 30

of any public comment period, with specified information regarding the project and regulatory
process. The applicant also is required to mail the notice to certain local government officials,
adjacent landowners, public schools and libraries within five miles of the site. For the
purposes of this section, the term "locality particularly affected" means any locality that bears
any identified disproportionate material air quality impact that would not be experienced by
other localities. This statute, which takes effect July 1, 2020, is likely to apply to MVP
Southgate. However, because the statute only modifies the existing public notice
requirements, it is not expected to materially affect the project. The statute does not affect
MVP mainline because that project does not require any permits from the Virginia Air
Pollution Control Board.

HB 723 (Reid) – Underground Utility Treatment of Agricultural Soil (codified at Va.
Code § 56-257.5).

Legislation requires the Virginia State Corporation Commission to develop regulations for
underground utility line developers to redeposit topsoil to other parts of the landowner’s
property under certain conditions. The pipeline or utility line must be at least 12” in diameter
and the property owner must be using the land for agricultural purposes. The topsoil is to be
deposited, if requested by the landowner, in a manner that either is redistributed to graded
areas elsewhere on the land of the affected property owner or stockpiled in another area if
insufficient graded land is available. This law takes effect on July 1, 2020. It is not expected
to affect MVP Southgate or Mainline because it will not have practical effect until a later date
when regulations are promulgated, and the requirements of the act are generally consistent
with Mountain Valley’s current practices.

HB 704 (Keam) SB 406 (Hashmi) – Environmental Justice (codified at Va. Code § 2.2-
235)

This law, which takes effect on July 1, 2020, provides that it is state policy to promote
environmental justice and to ensure that it is carried out throughout the state, with a focus on
environmental justice communities and fenceline communities. Environmental justice
community is defined as any low-income community or community of color. Fenceline
community means an area that contains all or part of a low-income community or community
of color and that presents an increased health risk to its residents due to its proximity to a
major source of pollution. Mountain Valley shares the goals of this legislation (including HB
1042, HB 1162, HB 1164 discussed below) and will continue to engage with environmental
justice communities and other local stakeholders in the communities hosting its projects.

HB 1042 (Herring) SB 883 (Hashmi) - Council on Environmental Justice (codified in
various sections of Va. Code Tit. 2.2, Ch. 36)

This legislation codifies the Virginia Council on Environmental Justice, which had previously
been established and continued by gubernatorial executive orders. The purpose of the
Council, consisting of 27 members, is to advise the Governor and provide recommendations
Page 25 of 30

intended to protect vulnerable communities from disproportionate impacts of pollution and
provide such communities meaningful involvement in the decision-making process.

HB 1162 (Lopez) – Environmental Justice (codified at Va. Code § 10.1-1183)

This statute, effective July 1, 2020, makes furthering environmental justice and enhancing
public participation in the regulatory and permitting processes a stated purpose of the Virginia
Department of Environmental Quality. Environmental justice is defined as “the fair treatment
and meaningful involvement of every person, regardless of race, color, national origin, faith,
disability, or income, in the development, implementation, and enforcement of environmental
laws, regulations, and policies.”

HB 1164 (Lopez) – Environmental Justice (codified at Va. Code § 10.1-1183)

This statute, effective July 1, 2020, adds provisions to the Virginia Department of
Environmental Quality’s policy statement for addressing climate change and for the fair
treatment and meaningful involvement of all people regardless of race, color, national origin,
faith, disability, or income with respect to the administration of environmental laws,
regulations, and policies in the statement of the Department's purpose. The bill also adds the
enhancement of the environment and the promotion of the health and well-being of Virginia’s
residents and visitors to the Department's policy goals.

North Carolina Legislation

B 1080 (Howard, Ross, Setzer) - Revenue Laws Recommendations

The natural gas economic development infrastructure cost recovery program authorizes the
North Carolina Department of Commerce and Utilities Commission, upon a finding that
interconnection to a natural gas pipeline is economically infeasible for a jobs catalyst project,
to approve interconnection capital cost recovery by a local distribution company up to $25
million per year and no more than $75 million statewide. To be eligible for participation in this
program, an economic development project must invest at least $200 million, create at least
1,500 jobs and meet minimum wage, employee benefit, and environmental impact standards.
The natural gas economic development infrastructure cost recovery program is set to expire
in 2021. This important economic development tool is proposed for extension through July
1, 2026 in House Bill 1080.

f. An explanation of the proposed phasing of construction and in-service date
projections for both the MVP Southgate Project and the Mountain Valley Pipeline
Project (mainline), including an explanation as to whether and to what extent
construction is to occur simultaneously on the MVP Southgate Project and the
Mountain Valley Pipeline Project (mainline); and

Page 26 of 30

Mountain Valley Response: At present, the Mountain Valley Pipeline Project (Mainline) is
targeting an early 2021 full in-service date and total project work is approximately 92%
complete. Work completion includes the following construction milestones: MVP’s three
compressor stations are 100% complete; The three original certificated interconnects are
100% complete and a fourth has been approved for construction in 2020; Approximately 80%
of the pipeline work is complete, which includes 264 miles of pipe welded and in-place; and
approximately 50% of the right-of-way has been fully restored.

Forward construction on the MVP mainline will resume once MVP receives its Biological
Opinion, expected in July, and the Federal Energy Regulatory Commission (FERC) lifts the
project’s stop-work order. Once the MVP mainline resumes construction, which is expected
in the next few months, and the MVP Southgate project meets the Certificate conditions and
obtains all necessary permits, construction activities for MVP Southgate are expected to
begin upon receipt of the FERC’s Notice To Proceed. Some overlap in timing and activity is
anticipated as MVP Southgate begins construction and MVP mainline continues construction
and final restoration work in 2020 and 2021.

g. An explanation as to how the information for each item (a-f) above affects the
MVP Southgate project in North Carolina.

Mountain Valley Response: Mountain Valley will respond to each referenced subsection
individually, as follows:

2(a)-(b): The MVP Southgate project cannot commence construction until all necessary federal
and state permits listed in Response 2.b have been obtained. Mountain Valley expects to
receive all such approvals in the normal course.

As previously mentioned, and as required by MVP Southgate’s FERC Certificate, the MVP
Southgate Project’s Notice to Proceed with construction will not be issued until Mountain Valley
has re-secured all federal authorizations for the Mainline Project. Those authorizations include
Clean Water Act § 404 and Rivers and Harbors Act § 10 authorizations, USFS-SF299, and
USFWS Biological Opinion and Incidental Take Statement. Mountain Valley is working on re-
securing these federal authorizations for Mainline concurrently with its efforts to secure all
necessary permits for MVP Southgate. Mountain Valley expects to resolve all mainline
permitting issues in a timeframe that is not expected to materially delay the planned
commencement of construction for the MVP Southgate Project.

2(c): None of the pending litigation in which Mountain Valley is a party should affect the MVP
Southgate project in North Carolina.

In the litigation involving NWP 12, to which Mountain Valley is not a party, Northern Plains
Resource Council, et al. v. Army Corps of Engineers, could affect the timeline by which
Mainline receives authorizations under CWA § 404 and RHA § 10. As discussed in the
subsection above, the district court in that case has vacated NWP 12 for certain projects, which
Page 27 of 30

could preclude the USACE from re-issuing authorizations to Mainline under NWP 12. On June
15, 2020, DOJ applied for a stay of that order with the U.S. Supreme Court (SCOTUS). If
SCOTUS grants the stay, then any impediment to Mountain Valley’s use of NWP 12 for
Mainline caused by the district court’s order will be removed, which could result in MVP
receiving renewed authorizations under CWA § 404 and RHA § 10 more quickly. Receipt of
those authorizations for Mainline is a condition of the FERC Certificate for the MVP Southgate
Project. For similar reasons, the pending Northern Plains Resource Council case could affect
the form of permit authorization issued by the USACE for the MVP Southgate project. In any
event, the timing and mechanism for these authorizations will not materially affect the MVP
Southgate Project’s effects on water quality in North Carolina.

2(d): At the time of this RAI response, Mountain Valley has resolved and/or abated all Federal
and State compliance and enforcement actions relating to the Mountain Valley Pipeline Project
(Mainline). There are no current compliance or enforcement actions that will affect the MVP
Southgate project in North Carolina. However, lessons learned from the Mainline project will
have a beneficial effect on construction activities in North Carolina.

The compliance and enforcement actions discussed above (Response 2.d) have been
effective at catalyzing improvements in Mountain Valley’s approach to construction techniques,
impact minimization measures, and environmental compliance systems. The beneficial
lessons learned, and best practices developed in the course of constructing the Mainline will
be carried over to the MVP Southgate Project in North Carolina. For example, the majority of
enforcement actions against the Mainline Project stem from erosion and sediment control
issues in 2018, which was a historically wet year punctuated by an unusual number of high-
intensity storms (e.g., Hurricane Michael in October 2018). In response to these “worst case”
conditions, Mountain Valley was prompted to substantially improve its approach to erosion and
sediment controls, particularly in those areas that had been prone to being overtopped in
storms that exceeded the applicable regulatory design criteria. Mountain Valley developed
valuable experience and best practices for quickly identifying and upgrading controls on a site-
specific basis to remedy potential problem areas. Furthermore, this experience caused
Mountain Valley to revise its standard specifications for a number of controls (e.g., increase
standard sediment trap sizing) to increase the overall protectiveness of its system of erosion
and sediment controls above and beyond the applicable regulatory requirements. However,
please note that these control revisions were largely due to the steep terrain found on the
Mainline project. Terrain that is not found in MVP Southgate’s proposed construction area.

Mountain Valley also has made numerous improvements in its environmental compliance and
oversight practices due to its experience on the Mainline. For example, reports from agency
inspectors in the summer of 2018 suggested that there was an unacceptable degree of
variability in the installation of certain erosion and sediment controls, such as temporary
waterbars, that require frequent maintenance, repair, and reconstruction. Mountain Valley
addressed this issue by improving the training of its environmental field crews and developing
a practical guidebook that crews could use in the field to ensure that certain, previously
problematic controls were being installed correctly. These efforts resulted in a marked
Page 28 of 30

improvement in compliance in the field. As a second example, Mountain Valley developed and
has continually refined a “punchlist” system to consolidate all issues identified by FERC,
WVDEP, VDEQ, and Mountain Valley inspectors into a single comprehensive tracking system.
Mountain Valley uses that system to log maintenance and repair issues identified by any entity,
make efficient daily decisions about where to direct its maintenance resources, and verify that
all issues are addressed within the required regulatory timeframes. This system was upgraded
most recently in coordination with VDEQ as a requirement of the December 2019 Consent
Decree (Discussed in 2(c)). The punchlist system has been successful at enabling Mountain
Valley to enhance its compliance with erosion and sediment control maintenance
requirements.

2(e): If applicable, Mountain Valley will comply with those enacted laws listed in this subsection.
Furthermore, Mountain Valley shares the goals of the environmental justice legislation and will
continue to engage with environmental justice communities and other local stakeholders in the
communities hosting its projects.

2(f): Mountain Valley does not anticipate any negative impacts on the MVP Southgate Project
in North Carolina due to the information provided in this subsection.

Objections and Concerns to Scope, Timing, and Nature of RAI

From the outset of the MVP Southgate Project, Mountain Valley has sought to cooperate and
communicate with DEQ throughout this lengthy permitting process. That includes our commitment
to promptly provide any and all information that is requested of us in the regulatory process. With
that commitment in mind, Mountain Valley has provided a complete response to the Division’s
RAI dated June 12, 2020. However, in accordance with 33 U.S.C. § 1341(a) and 15A NCAC
02H.0502(d), Mountain Valley respectfully states our concerns and objection to the scope, timing,
and nature of this RAI.

The RAI is overbroad, seeking information for the stated purpose of evaluating and responding to
comments on the Project’s overall project purpose. That is unrelated to, and outside the narrow
scope of the Division’s Section 401 regulatory review, namely “whether the proposed activity has
the potential to remove or degrade those significant existing uses which are present in the wetland
or surface water.” 15A NCAC 02H.0506(a); see also 15A NCAC 02H.0502(c) (authorizing request
of additional information only as necessary to apply the criteria of Rule 0506). In particular, the
specific requests in the RAI concerning construction status, permitting, litigation, and legislation
regarding the Mountain Valley Pipeline Project (Mainline) in Virginia and West Virginia are not
germane to the Division’s narrow Section 401 review. The requests that are specific to the MVP
Southgate Project are no more appropriate. These include broad requests for information
regarding various federal and Virginia permits, federal and Virginia legislation, and litigation that
have no logical connection to the water quality certification decision that must be made by DEQ.
DEQ’s water quality certification rules, 15A NCAC 02H.0500 et seq., do not authorize the Division
to request this information as part of the agency’s narrow review.

Page 29 of 30

Nor does DEQ have the statutory authority to base a water quality certification decision on factors,
such as the information requested by this RAI, that have no bearing on discharges or water quality
in North Carolina. Mountain Valley submitted the pending application to DEQ to comply with
Section 401’s mandate to request a “certification from the State in which the discharge originates
. . . that any such discharge will comply with the applicable provisions of sections 1311, 1312,
1313, 1316, and 1317 of [the Clean Water Act].” 33 U.S.C. 1341(a)(1). Consistent with this
statutory text, the preamble to the Environmental Protection Agency’s recently finalized Clean
Water Act Section 401 Certification Rule emphasizes that “the burden is on the certifying authority
to evaluate the certification request in good faith and to request information, documents, and
materials that are within the scope of Section 401 . . . and that can be produced and evaluated
within the reasonable period of time.” Clean Water Act Section 401 Certification Rule at 73
(prepublication version). Mountain Valley believes that the RAI seeks information that has no
bearing on whether the MVP Southgate Project’s proposed discharges in North Carolina will
comply with the referenced sections of the Clean Water Act. Therefore, the RAI was not an
appropriate mechanism to seek this information.

Mountain Valley also objects to the timing of this RAI. The RAI cites the public comment period
that concluded in December 2019 as the basis for the RAI. However, that comment period ended
more than six months ago. This belated request is inconsistent with the letter and spirit of DEQ’s
mandate to issue a decision within 60 days of the close of the record for a public hearing. 15A
NCAC 02H.0507(b). Moreover, the RAI appears to be inconsistent with the rationale DEQ
provided to the U.S. Army Corps of Engineers in DEQ’s request for an extension of the
“reasonable period of time” afforded by Section 401 to make a certification decision. Mountain
Valley was given 15 calendar days to respond to the RAI’s extensive requests with the warning
that the application “will be denied as incomplete” if the requested information is not received
within that short time period. We believe that the threat of a permit denial under these conditions
is fundamentally inappropriate and beyond DEQ’s authority under its own rules and Section 401.

To be clear, Mountain Valley’s principal objection is not that DEQ has requested this information.
Mountain Valley’s objection is to DEQ’s assertion that the information is relevant and necessary
to complete the agency’s review of Mountain Valley’s longstanding request for 401 certification.
To the extent this RAI may be reflective of DEQ’s deliberative process, Mountain Valley
respectfully urges DEQ to refrain from basing its water quality certification determination on
factors that are beyond the scope of the Clean Water Act.

***

Page 30 of 30

Despite the concerns and objections expressed in this response, Mountain Valley does value our
working relationship with the agency and appreciates the Division’s time spent on this water
quality certification review. Moving forward, should you have any questions, or need further
information to complete your review, please do not hesitate to contact Alex Miller at (713) 374-
1599 or via email at [e-mail]. Thank you again for your time and continued
consideration.

Sincerely,
Mountain Valley Pipeline, LLC

Kathy Salvador
Senior Director, Environmental Services

Enclosure(s)

CC: David Bailey, USACE, Raleigh Regulatory Field Office
Olivia Munzer, NCWRC
Todd Bowers, EPA
Alex Miller, MVP
Travis Faul, MVP
Amanda Mardiney, FERC
Heather Patti, TRC
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)

MVP Southgate Project

Attachment 1

Summary of Past Violations Provided to USFWS

June 2020

Attachment No. 1
Inspecting Agency Date NOV #Location Description of Defiency Remedial Action Sediment to Stream?
FERC 06/25/18 SpreadG_25Jun2018_SK1 Spread G (MP221.4)
The Compliance Monitor prepared a FERC noncompliance report for failure to design and maintain an equipment
bridge at waterbody S-MN22 (MP 221.7) and failure to install and maintain slope breakers upslope of waterbody S-
MN21 (MP 221.4). An Applicant noncompliance report was prepared on June 23, 2018 for failure to re-establish
temporary slope breakers at the end of the work day. After a 1 inch rain event that occurred on June 22, 2018,
these two waterbodies were impacted by sediment flowing onto the equipment bridges and entering the two
streams. Corrective measures were reported as completed to the Lead Environmental Inspector at these two
sensitive resources on June 24, 2018. However, sediment remains within the stream channels. Landowner
permission was acquired to retrieve off right-of-way sediment from the waterbodies.
Weekly Report No. 35 - "Remove sediment from stream and buffer area. Area stabilized with seed and mulch.
Landowner permission required to go off ROW and wet soil conditions delayed removal."YES
FERC 07/24/18 SpreadF_24Jul2018_RD2 Spread F (MP187.9)
The Compliance Monitor inspected the right-of-way just south of Hans Creek. The last crew working in this area
appears to have been the grade crew. During the inspection, the Compliance Monitor observed silt fence that was
partially buried by equipment activity. The Environmental Inspector was asked when the grade crew left this area
and stated that the crew had been gone from the area for about a week. Per the FERC Plan Section IV.F.
“Temporary erosion controls must be properly maintained throughout construction (on a daily basis) and
reinstalled as necessary until replaced by permanent erosion controls or restoration is complete.” If the erosion
controls were buried during grading then Section V.A.6. of the plan states “remove construction debris from all
construction work areas”. The Lead Environmental Inspector was notified that the grade crew should be retrained
regarding erosion controls tomorrow and that the buried silt fence must be cleaned out if needed or removed if not
needed in that location.
Weekly Report No. 39 - "7/26/2018 - ECD's were maintained."No
FERC 07/25/18 SpreadG_25Jul2018_SK3 Spread G (MP218.2)
The Compliance Monitor conducted a routine inspection of the right-of-way west of temporary access road 258.02
(MP 218.3). During this inspection, the Compliance Monitor observed a segregated topsoil pile located at Station
No. 11519+40 (MP 218.2) that had been partially stabilized with hydro-mulch. The backside of the topsoil had not
been stabilized, which allowed the topsoil to flow from the topsoil pile during a recent rain event. The Compliance
Monitor issued a FERC noncompliance report pursuant to FERC Plan (Section IV.B.6) which states "Stabilize topsoil
piles and minimize loss due to wind and water erosion with use of sediment barriers, mulch, temporary seeding,
tackifiers, or functional equivalents, where necessary." The Lead Environmental Inspector was informed of the
noncompliance report. Crews were also informed that corrective measures must be completed within 24 hours.
The Compliance Monitor will conduct a follow-up inspection within a couple of days to verify that corrective
measures have been completed.
Weekly Report No. 39 - "7/26/2018 - Stabilized topsoil."No
FERC 07/25/18 SpreadE_25Jul2018_CT1 Spread E (MP141.3)
During a routine inspection from Station No. 7458+30 to Station No. 7463+00, the Compliance Monitor observed
the bridge crossings at streams S-I26 and S-I27 were missing the rail supports and the underlying fabric was so full
of soils that the fabric was sagging to the bottom of the stream bed and impeding stream flow. The bridge mats
were also covered in soil. There were no Environmental Inspectors in the area during the on-site inspection. Both
bridges were in violation of FERC Procedures Section V.B.5.b which states "Construct and maintain equipment
bridges to allow unrestricted flow and to prevent soil from entering the waterbody.” The Compliance Monitor
reminded the Lead Environmental Inspector and the Environmental Inspectors about making sure all bridge
crossing are always maintained and inspected. The Compliance Monitor notified the Lead Environmental Inspector
a noncompliance report would be prepared. The Lead Environmental Inspector informed the Compliance Monitor
that the issue would be addressed with the crew.
MVP internal records indicate that this issue was resolved on 7/26/2018. Both bridges had been cleaned off and all
damaged ECDs were replaced.No
FERC 07/27/18 SpreadB_27Jul2018_TT2 Spread B (MP51.4)
The Compliance Monitor identified several large rocks that had rolled about 100 feet outside the limits of
disturbance damaging off right-of-way trees at MP 51.4. This has been an ongoing issue with rocks rolling outside
the limits of disturbance. The Applicant has written several problem area reports for this same issue. Mountain
Valley is in violation of FERC Plan IV.A.1 which states “Project-related ground disturbance shall be limited to the
construction right-of-way, extra workspace areas, pipe storage yards, borrow and disposal areas, access roads, and
other areas approved in the FERC’s Orders. Any project-related ground disturbing activities outside these areas will
require prior Director approval.”
MVP records indicate that on July 27, 2018 the FERC Compliance Monitor wrote a Non-Compliance for the area at
(MP 51.4) for rocks rolling down slope when the grade crew was building right of way. This was said to be an
ongoing issue. No steps were being taken to prevent rocks from rolling off the limit of disturbance. It was discussed
of ways to retrieve the rocks due to the size of them. In April of 2019 a crew took sledgehammers and broke the
rocks and carried them back to the right of way by hand. The non-compliance was closed on April 6, 2019.
No
FERC 07/30/18 SpreadE_30Jul2018_CT2 Spread E (MP144.3)
The Compliance Monitor conducted a routine inspection at Station No. 7619+50. Stockpiled debris was previously
observed on the right of way at Station No. 7623+10 and existed prior to any Mountain Valley construction. The
crew hauled the debris to additional temporary workspace ATWS-274 at Station No. 7619+51. However, the debris
was placed outside of the workspace limits of disturbance. In addition, the Compliance Monitor observed soil
disturbance from equipment tracks outside the limits of disturbance. The Compliance Monitor informed the Lead
Environmental Inspector that a FERC noncompliance report would be prepared for the incidents. It was
recommended that a more visual boundary for the limits of disturbance be installed to prevent the crew from going
outside of the limits of disturbance. The Compliance Monitor also informed the Lead Environmental Inspector that
the landowner needs to be contacted and the trash and the debris moved back within the approved limits of
disturbance.
MVP internal records indicate that the issue on 7/30/2018 was resolved on 8/4/2018. The construction debris had
been removed and disposed of.No
FERC 07/30/18 SpreadB_30Jul2018_TT2 Spread B (MP40.7)
The Compliance Monitor spoke with the Lead Environmental Inspector about issues identified between MP 41.0
and MP 41.3 on June 9, 2018. The issues have not been corrected. The Compliance Monitor notified the Lead
Environmental Inspector that a FERC noncompliance report would be prepared for Mountain Valley failing to
correct these issues in a timely manner.
MVP records indicate that On July 9, 2018 an area was identified (MP 41.0 to 41.3) that material and rocks may be
outside the limit of disturbance. There was no LOD staking to confirm and it was said to have been communicated
with the contractor. On July 28, 2018 the FERC Compliance Monitor wrote a communication report on this area
because nothing had been done to rectify the problem. A Non-Compliance was written by the FERC Compliance
Monitor on 7-30-18 and the contractor completed the necessary work and brought the area back into compliance.
The material and rock were retrieved, and the limit of disturbance was staked. The Non-Compliance was closed out
on 7/31/18.
No
FERC 08/01/18 SpreadG_01Aug2018_SK1 Spread G (MP207.0)
The Compliance Monitor conducted a follow-up inspection to an Applicant problem area report written on July 29,
2018 for failure to install erosion control devices at the northeast corner of the waterbody S-Y2 equipment bridge
(MP 207.0). During this inspection, the Compliance Monitor noted that erosion control devices had not been
installed at the corner of the equipment bridge. A FERC noncompliance report was issued for failing to address the
problem area within 24 hours. The Compliance Monitor informed the Lead Environmental Inspector of the
noncompliance report. The Compliance Monitor will conduct a follow-up inspection in a couple of days to verify
that corrective measures have been completed.
Weekly Report No. 40 - "7/31/2018 - Added additional controls."No
FERC 08/02/18 SpreadF_02Aug2018_RD2 Spread F (MP189.8)
The Compliance Monitor discussed progress of erosion control repairs on the right-of-way with one of the
Environmental Inspectors. The Environmental Inspector stated that a punch-list of erosion control repair items was
given to the crew on July 24, 2018. Yesterday (August 1, 2018), the Lead Environmental Inspector stated that the
punch-list issues still have not been addressed and that Mountain Valley would be documenting this issue with an
Applicant noncompliance report. The Lead Environmental Inspector stated that the crew was notified yesterday
that they have 24 hours to address the punch list items. Today, the Environmental Inspector stated that the items
on the punch list have still not been corrected. The Lead Environmental Inspector was notified that Mountain Valley
has 24 hours to correct all issues on the punch-list.
Weekly Report No. 40 - "8/2/2018 - Items were complete."No
FERC 08/03/18 SpreadF_03Aug2018_RD2 Spread F (MP184.4)
The Compliance Monitor inspected the right-of-way between Ellison Ridge Road and access road MVP-MO-220.
During the inspection the Compliance Monitor observed two compliance issues:
1. From Station No. 9763+00 to Station No. 9768+00 the waterbars did not extend to the edge of the right-of-way.
These waterbars cut short about 20 to 25 feet and were not diverting water off of the right-of-way.
2. From Station No. 9740+00 to Station No. 9745+00 energy dissipation devices were not present at the ends of the
waterbars
The Final Environmental Impact Statement includes waterbar typical drawing (C1-17) that shows allowed energy-
dissipating devices. None of the allowed energy-dissipating devices were installed from Station No. 9740+00 to
Station No. 9745+00.
MVP internal records indicate that environmental crew came in on 8/4/18 to station number 9763+00 to 9768+00
and also 9740+00 to 9745+00 to installed P1 and filter sox acting as a water bar to divert water off LOD. Energy
dissipating devices were also added to make sure the area was in compliance.
No
FERC 08/03/18 SpreadA_03Aug2018_RC1 Spread A (MP11.2)
The Compliance Monitor conducted a routine inspection of the right-of-way after a rain event. Multiple slope
breaker failures were found to have resulted in sedimentation of sensitive resources. The sediment that came
down the slopes went into S-J62 (MP 11.33), W-F56 (MP 12.22), and S-B75 (MP.12.23). The slope breaker failures
were due to improper installation. Some of the slope breakers were installed too short, too shallow, and at too flat
of an angle to divert water off of the right-of-way. The water on the slope went through the waterbars one after
the other to the bottom of the slopes. At some of the slope breakers, there is silt fence along the edge of the limits
of disturbance that directs the water down the right-of-way instead of off of the right-of-way. The rest of the
waterbars were installed to drain towards grade cuts and without the ability to drain the water past them. The
Compliance Monitor notified the Lead Environmental Inspector that a noncompliance report would be issued.
MVP response documented in response to WVDEP Notice of Violation No. W18-17-082-TJC No
FERC 08/10/18 SpreadF_10Aug2018_RD1 Spread F (MP188.1)
The Compliance Monitor inspected the right-of-way at the WV-MO-012.195 where the FERC landowner hotline has
received multiple concerns. The Compliance Monitor observed that a Mountain Valley environmental crew recently
worked in this area, but they did not attend to several areas that needed attention. At Station No. 9940+00 a large
amount of sediment was observed off right-of-way, no erosion controls have been installed here to prevent this
from happening again. At Station No. 9934+00, the silt fence is full of dirt and has not been cleaned out. There is
also filter sock at Station No. 9934+00 on the edge of the right-of-way that is not staked down. A large amount of
sediment flowed over this filter sock and has traveled a long way off the right-of-way. Mountain Valley has not
enhanced erosion controls here to prevent sediment from leaving the right-of-way again. The right-of-way has
been dry since Sunday (August 5, 2018). Mountain Valley has therefore had 5 dry working days to attend to these
issues. Mountain Valley is not in compliance with the FERC Plan Section II.B.14 which states “ensure the repair of all
ineffective erosion control measures within 24 hours of identification” and Section IV.F.3 which states “sediment
barriers are intended to stop the flow of sediments and to prevent the deposition of sediments beyond approved
workspaces” and Section IV.F which states “temporary erosion controls must be properly maintained throughout
construction (on a daily basis)." The Lead Environmental Inspector has been notified that these issues need to be
repaired within 24 hours.
Weekly Report No. 42 - "8/15/2018 - Crew installed ECD's."No
FERC 08/10/18 SpreadF_10Aug2018_RD2 Spread F (MP192.2)
The Compliance Monitor inspected the right-of-way between Back Valley and Painters Run Roads. On the hillside
just south of Back Valley Road (Station No. 10149+00 to Station No.10152+00) the Compliance Monitor observed
(the on-site Environmental Inspector confirmed) that the J-hooks at the ends of the waterbars have not been
maintained since the area dried up on Sunday (August 5, 2018). J-hooks are washed out, daylight is visible
underneath the J-hooks, and large amounts of sediment were observed off the right-of-way. Mountain Valley is
not in compliance with FERC Plan Section II.B.14 which states “ensure the repair of all ineffective erosion control
measures within 24 hours of identification” and Section IV.F.3 which states “sediment barriers are intended to stop
the flow of sediments and to prevent the deposition of sediments beyond approved workspaces” and Section IV.F
which states “temporary erosion controls must be properly maintained throughout construction (on a daily basis)."
The Compliance Monitor also observed that, in places, Mountain Valley is not installing the J-hooks per the
construction detail drawing in the Final Environmental Impact Statement which appears to be contributing to the
off right-of-way sediment issue. In addition, the on-site Environmental Inspector stated that erosion controls on
most of the right-of-way between Back Valley and Painters Run Roads have not been maintained since the area
dried up on August 5, 2018 following a rain event. The Lead Environmental Inspector was notified that these issues
need to be repaired within 24 hours.
Weekly Report No. 42 - "8/14/2018 - Soil was removed so water bars could have an outlet."No
FERC 08/10/18 SpreadE_10Aug2018_CT1 Spread E (MP147.2)
The Compliance Monitor conducted a follow-up inspection at Station No. 7770+00 to determine whether the
contractor installed erosion controls around wetland W-L19 and stream S-L30. The Compliance Monitor observed
that crews still have not installed the required erosion controls. The Compliance Monitor observed a steep slope
leading to a wetland W-L19 and waterbody S-L30 that has fully disturbed soil without any erosion controls installed.
This same issue was observed two weeks ago by the Compliance Monitor and the Lead Environmental Inspector
informed the Compliance Monitor that an Applicant noncompliance report would be prepared and that the issue
would be addressed with the crew. The Compliance Monitor informed the Chief and the Lead Environmental
Inspector that a FERC noncompliance report would be issued for failure to install erosion controls per the FERC Plan
which states "install temporary erosion controls immediately after initial disturbance of the soil."
Weekly Report No. 42 -- "Trench plug was installed to prevent erosion."No
FERC 08/11/18 SpreadE_11Aug2018_CT1 Spread E (MP146.3)
The Compliance Monitor conducted a follow-up inspection from Station No. 7722+70 to Station No. 7731+10.
Previously, an Applicant problem area was prepared for missing wetland signage at wetland W-L17 and missing
waterbars on both sides of waterbody S-L2. During the follow-up inspection, the Compliance Monitor observed
that neither issue was addressed. The Compliance Monitor informed the Lead Environmental Inspector that a FERC
noncompliance report would be prepared due to not addressing previously documented items in a timely manner.
The Lead Environmental Inspector informed the Compliance Monitor that the issues would be addressed.
MVP records indicate that the waterbars on either side of S-L27 were installed.No
FERC 08/16/18 SpreadE_16Aug2018_CT1 Spread E
MP134.1
The Compliance Monitor conducted a routine right-of-way inspection from Station No. 7080+30 to Station No.
7085+10. During the inspection, the Compliance Monitor issued a FERC noncompliance report for silt and sediment
flowing outside of the limits of disturbance. At Station No. 7084+60 the super silt fence was overwhelmed with silt
and sediment causing the sediment to overrun the silt fence and run down a drainage ditch and under the filter
sock. The lack of waterbars from Station No. 7085+00 to Station No. 7091+00 allowed the water to overwhelm the
super silt fence. It is recommended that the crew install more waterbars, reinforce the J-hooks, and repair the
super silt fence. The FERC noncompliance report was issued for violation of FERC Plan Section IV.F.1 which states
"install temporary slope breakers on all disturbed areas, as necessary to avoid excessive erosion" and section II.B.12
which states "Ensuring that erosion control devices are properly installed to prevent sediment flow into sensitive
environmental resource areas (e.g., wetlands, waterbodies, cultural resource sites, and sensitive species habitats)
and onto roads, and determining the need for additional erosion control devices." The Compliance Monitor was
with the West Virginia Department of Environmental Protection (WVDEP) inspector, who informed the Compliance
Monitor that the WVDEP will prepare a Notice of Violation (NOV) for the same issues. The Lead Environmental
Inspector was informed of the noncompliance and that the issues need to be repaired immediately.
See Remedial Action noted for WVDEP NOV# W18-52-006-CP.No
FERC 08/16/18 SpreadE_16Aug2018_CT2 Spread E
MP135.7
The Compliance Monitor conducted a routine right-of-way inspection with the Lead Environmental Inspector and
the West Virginia Department of Environmental Protection (WVDEP) inspector. During the inspection, the
Compliance Monitor issued a FERC noncompliance report for rocks and boulders outside of the approved limit of
disturbance at Station No. 7165+00. There were approximately 10 to 20 rocks that slid off of the right-of-way
approximately 5 to 10 feet and knocked down the survey limits of disturbance stakes. The FERC noncompliance
report was issued for violation of FERC Plan Section IV.F.1 which states "install temporary slope breakers on all
disturbed areas, as necessary to avoid excessive erosion" and section II.B.12 which states "Ensuring that erosion
control devices are properly installed to prevent sediment flow into sensitive environmental resource areas (e.g.,
wetlands, waterbodies, cultural resource sites, and sensitive species habitats) and onto roads, and determining the
need for additional erosion control devices." The Lead Environmental Inspector was informed about the
noncompliance and that the issues need to be repaired immediately with landowner permission.
Mountain Valley records indicate that rocks and boulders were return to within the LOD and ECDs were repaired on
August 20, 2018.No
FERC 08/17/18 SpreadE_17Aug2018_CT Spread E
MP141.3
The Compliance Monitor conducted a routine inspection from Station 7450+50 to Station No. 7462+80. During the
inspection the Compliance Monitor issued a FERC noncompliance report for silt and sediment in stream S-I27. The
mat for the waterbody equipment bridge was pushed through the geo-textile fabric tearing the fabric and causing
soil to fall into stream S-I27. The Lead Environmental Inspector and the Chief were notified about the problem area.
A FERC noncompliance report was issued for violation of FERC Plan Section V.B.5.d which states "Design and
maintain equipment bridges to prevent soil from entering the waterbody."
Mountain Valley records indicate that issues noted at MP141.3 on August 17, 2018 were corrected no later than
August 23, 2018.Yes
FERC 08/30/18 SpreadC_30Aug2018_DP2 Spread C (MP71.8)
An Applicant noncompliance report was issued by Mountain Valley Environmental Inspectors for minor sediment
flow outside the limits of disturbance, large rocks rolling outside the limits of disturbance, and rocks, mud clogs, and
a stump outside the limits of disturbance. While investigating a FERC landowner hotline compliant on Keith Run
Road (MP 71.8) the Compliance Monitor observed the track hoe placed a spoil pile on the east edge of the limits of
disturbance on a very steep hill. As the track hoe continued to place additional spoil piles (which contained rocks
and mud), the large rocks overwhelmed the super silt fence that was being used as an erosion/sediment barrier.
The track hoe operator (without a spotter) continued stacking rocks on the spoil pile which allowed additional rocks
to roll off the limits of disturbance. The Compliance Monitor observed large rocks outside the limits of disturbance
and inside the stream S-JJ1. Only minor impacts to stream S-JJ1 (MP 71.8) were observed. The Environmental
Inspector contacted the environmental crew to remove the rocks from the stream to prevent further damage to
sensitive resources. This is inside the limits of disturbance. Rocks in the landowner’s yard are outside the limits of
disturbance and will require at least a Level 2 variance request. In addition, the sump pit was full of water, had not
been maintained, and allowed sediment laden water to exit the limits of disturbance. A FERC noncompliance report
was prepared for violation of FERC Plan Section IV.A.1 which states "Project-related ground disturbance shall be
limited to the construction right-of-way, extra work space areas, pipe storage yards, borrow and disposal areas,
access roads, and other areas approved in the FERC’s Orders." The Compliance Monitor and Environmental
Inspector met with the supervisor, who stated that a crew will start correcting this noncompliance issue to prevent
additional problems in this area.
Weekly Report No. 58 - "11/21/2018 - Variance approved. Construction debris was removed."YES
FERC 09/04/18 SpreadE_04Sep2018_CT1 Spread E (MP143.9)
This Compliance Monitor conducted a follow-up inspection from Station No. 7597+80 to Station No. 7597+10 for
previously documented off right-of-way silt and sediment. The sediment observed off right-of-way is because the J-
hooks at the end of the waterbars are filling up. The first time this issue was observed, sumps were not installed.
The Compliance Monitor observed newly installed sumps, however, the J-hooks were never cleaned out, nor was
the silt and sediment brought back onto the right-of-way. The Compliance Monitor observed two areas that still
have not been addressed or repaired. The only attempt to correct the issue was the addition of the sumps at the
end of both waterbars. A FERC noncompliance report was issued for failure to address the issues in a timely
manner.
This Compliance Monitor conducted a follow-up inspection from Station No. 7597+10 to Station No. 7597+80 for
previously documented off right-of-way silt and sediment (on September 4, 2018). The off right-of-way sediment
was due to the J-hooks at the end of the waterbars filling up. The Compliance Monitor observed cleaned out sumps
and J-hooks. Crews cleaned up the silt and sediment outside of the approved the right-of-way. The off right of way
soils that were disturbed were seeded and mulched. The previously documented environmental issues have been
addressed and repaired. Crews also added triple stack filter sock to prevent off right-of-way silt and sediment. No
other environmental issues were observed.
No
FERC 10/09/18 SpreadA_09Oct2018_RC1 Spread A
The Compliance Monitor discussed clean-up progress with the Lead Environmental Inspector. The Lead
Environmental Inspector stated that current cleanup progress on Spread A is at 1.1%. This is significantly short of
the 13.44% of backfilled trench from 20 days ago (FERC Plan Section V.A.1.). Current backfill is at 19.3%. The
Compliance Monitor asked how the Project plans to try to get back in compliance. The Lead Environmental
Inspector stated that additional cleanup crews would be hired. The Compliance Monitor notified the Lead
Environmental Inspector that a FERC noncompliance report will be issued for violation of FERC Plan Section V.A.1.
Weekly Report No. 50 - "10/10/2018 - Communication with contractor."No
FERC 10/11/18 SpreadB_11Oct2018_TT1 Spread B (MP36.6)
The Compliance Monitor notified the Lead Environmental Inspector that a FERC noncompliance report would be
written for Mountain Valley’s failure to complete cleanup within 20 days of backfill as required in FERC Plan Section
V.A.1. On September 20, 2018 Mountain Valley was given a reset on the 20-day window to have cleanup
completed after backfill because of adverse weather conditions. On September 20, 2018 Mountain Valley showed
26,945 feet of the right-of-way had been backfilled. The latest progress report issued on October 8, 2018 shows
that 6,600 feet of the right-of-way has been cleaned up. The latest progress report shows 35,729 feet of right-of-
way has been backfilled. The Lead Environmental Inspector said that he would inform Mountain Valley of the
noncompliance report and would notify the Compliance Monitor of Mountain Valley's plan to resolve the
compliance issue.
Weekly Report No. 59 - "Spread B will have all winter stabilization complete by 12/20/2018. Restoration efforts will
resume in the spring."No
FERC 10/11/18 Laydown Yard _11Oct2018_CT1 Laydown Yard MVP-LY-030
The Compliance Monitor conducted a follow-up inspection of laydown yard MVP-LY-030. During the previous
inspection the Compliance Monitor noted silt fence in need of repair in several locations. None of the
environmental issues from the previous inspection on October 4, 2018 have been repaired.
1. A section of silt fence is falling down at the southeast corner of the yard.
2. A section of silt fence is damaged and no longer keyed in at the bottom on the north end of the yard.
3. Two areas of filter sock were missing stakes to be properly installed per the Erosion and Sediment Plan.
An Applicant problem area report was previously prepared for these issues. The Lead Environmental Inspector was
notified and informed that a FERC noncompliance report would be issued. The Lead Environmental Inspector will
forward these issues onto the crew for repair.
Weekly Report No. 50 - "10/12/2018 - ECD's were repaired."No
FERC 11/23/18 SpreadF_23Nov2018_RD1 Spread F (MP172.9)
The Compliance Monitor inspected the right-of-way on the hill south of Keller's Creek, where Mountain Valley is
performing temporary stabilization on the right-of-way. Multiple noncompliance issues were observed behind the
stabilization crew:
1. Large bare spots that were not mulched.
2. Waterbars appear to be over 8% slope.
3. Waterbars were constructed without energy dissipation/J-hooks. Mountain Valley did not install J-hooks at
several waterbars throughout this area.
4. Some waterbars stop 10 to 15 feet before the edge of the right-of-way. At Station No. 9131+00 the waterbar is
about 15 feet short of the right-of-way edge. There was no gap cut into the subsoil to allow water to exit the right-
of-way and there was no J-hook at the end of the waterbar.
5. Waterbars that were flattened by equipment were not repaired.
The Lead Environmental Inspector has been notified of these issues multiple times.
MVP internal records indicate that, on 11/26/18, the stabilization crew traveled back and repaired water bars, J-
hooks and also mulched all bare spots to make sure the area was in compliance."No
FERC 03/02/19 Laydown Yard _02Mar2019_TT1 Laydown Yard MVP-LY-052
The Compliance Monitor conducted a follow up inspection of laydown yard MVP-LY-052. During the previous
inspection (February 20, 2019), the Compliance Monitor identified silt fence that had been undermined near a
stream that runs through the yard. The Compliance Monitor observed that the undermined silt fence had not been
repaired. There was a sheen on the stormwater inside the secondary containment of the bulk fuel tanks. There
were no spills identified outside the secondary containment. The Compliance Monitor observed a build-up of soil
on the erosion controls around a storm drain in the south west side of the yard. The Compliance Monitor notified
the Lead Environmental Inspector of the issues identified during today’s inspection.
Weekly Report No. 72 - "3/12/2019 - Repairs to silt fence around S-KM14 completed."No
VDEQ 05/23/18 CL18006874-00 Franklin, VA
(UNTs to Little Creek (S-IJ10))
As noted on May 23, 2018, the Department observed that the release of sediment and sediment laden stormwater
off of the right of way onto adjacent private property and into surface waters of the Commonwealth had occurred
near stations markers 13476+16 and 13489+10.
MVP RESPONSE: Repaired/upgraded controls to provide outlet relief for perimeter controls to release stormwater
following treatment, repair of waterbars, end treatments and perimeter controls; Permission to access off-LOD
areas was not granted until after 5/31/18 DEQ field inspection (noted below). Once access was granted by
landowner, sediment was removed from the adjacent property and affected stream channels. (Same incident
noted in May 31, 2018, VDEQ inspection)
YES
VDEQ 05/23/18 CL18006874-00 Franklin, VA As noted on May 23, 2018, the Department detected erosion and sediment controls near station markers 13476+
16 and 13489+ 10 in need ofrepair.
MVP RESPONSE: Repaired/upgraded controls to provide outlet relief for perimeter controls to release stormwater
following treatment, repair of waterbars, end treatments and perimeter controls.No
VDEQ 05/24/18 CL18006874-00 Montgomery, VA As noted on May 24, 2018, the Department detected erosion and sediment controls near station markers 11971
+00 and 11972 in need of repair.
MVP RESPONSE: Routine maintenance conducted as result of storm event. Install outfall in perimeter controls to
allow waterbars to discharge off-LOD following treatment.No
VDEQ 05/24/18 CL18006874-00 Franklin, VA
As noted on May 23 and 24, 2018, the Department observed that areas had not been stabilized and that repairs to
controls had not been performed in accordance with the time frame specified in MVP's approved Annual Standards
and Specifications or as directed by the Department during the May 21, 2018 inspection.
MVP RESPONSE: Temporary stabilization is required within 7 days of inactivity if the area is to remain dormant for
more than 14 days. (not within 24 hrs). Rework of this area was conducted following storm event on 5/17-5/18.
Repair, routine maintenance and upgrades to perimeter controls, waterbars and end treatments were conducted.
No
VDEQ 05/31/18 CL18006874-00 Franklin, VA
(UNTs to Little Creek (S-IJ10))
As noted on May 31, 2018, the Department observed sedimentation within two separate unnamed stream channels
on property adjacent to the MVP right of way in the vicinity of Cahas Mountain Road in Franklin County.
MVP RESPONSE: This incident is the same area as the 5/23/18 noted above. This followup inspection by the DEQ
biologist was conducted following landowner permission. Approximately 2,800LF of 2 streams impacted. Controls
were repaired and sediment was retrieved from affected streams. (Same incident noted in May 23, 2018, VDEQ
inspection)
YES
VDEQ 06/13/18 CL18006874-00 Franklin, VA
As noted on June 13, 2018 the Department observed that water bars were not installed in accordance with the
MVP's approved Annual Standards and Specifications and MVP's approved Site Specific ESC and SWM Plans and
that end treatment conveyances down slope were not adequate or installed in accordance with the approved Site
Specific ESC and SWM Plans.
MVP RESPONSE: Repaired/upgraded controls in accordance with VDEQ inspection report recommendation.No
VDEQ 06/26/18 CL18006874-00
Montgomery, VA
(UNT to North Fork Roanoke (S-
G39))
As noted on June 26, 2018, the Department observed that the release of sediment and sediment laden stormwater
off of the right of way onto adjacent private property and into surface waters of the Commonwealth had occurred
near stream 39.
MVP RESPONSE: Approximately 340LF of stream impacted from sediment. ROW controls had been repaired and
maintained as noted in the inspection report on 6/26/18. Sediment was promptly retrieved from the stream.YES
VDEQ 06/26/18 CL18006874-00
Montgomery, VA
(UNT to North Fork Roanoke (S-
G40))
As noted on June 26, 2018, the Department observed that the release of sediment and sediment laden stormwater
off of the right of way onto adjacent private property and into surface waters of the Commonwealth had occurred
near stream 40.
MVP RESPONSE: Approximately 1,860LF of stream impacted from sediment. ROW controls had been repaired and
maintained as noted in the inspection report on 6/26/18. Sediment was retrieved from the stream.YES
VDEQ 06/26/18 CL18006874-00 Montgomery, VA
As noted on June 26, 2018, the Department detected water bars above stream crossing 39 and stream crossing 40
were not maintained or repaired to ensure functionality and sediment was observed off of the construction site at
station point 12071 +50.
MVP RESPONSE: Conducted routine maintence as result of storm event. Install outfall in perimeter controls to
allow waterbars to discharge off-LOD following treatment.No
VDEQ 06/26/18 CL18006874-00 Montgomery, VA As noted on June 26, the Department detected that access roads 270 and 272 required repair and sump
maintenance.
Responsive Pleading: "[T]he alleged repair and maintenance needs noted by VDEQ in its June 26 inspection report
for access roads 270 and 272 pertained to sections of those roads that were remote from the construction
entrances and were unrelated to the construction entrances or any other measures employed to 'minimize the
transport of sediment by vehicular tracking.' Moreover, the alleged deficiencies relate to matters of routine
maintenance which do not constitute violations."
No
VDEQ 06/27/18 CL18006874-00
Montgomery, VA
(UNT to Flatwoods Branch (S-
MM15))
As noted on June 27, 2018, the Department observed that the release of sediment and sediment laden stormwater
off of the right of way onto adjacent private property and into surface waters of the Commonwealth had occurred
near stream SMM15.
MVP RESPONSE: Notification to VDEQ made on 6/23/18. MVP conducted maintenance and repair of waterbars,
waterbar end treatments and perimeter controls as specified in DEQ inspection report. Sediment was retrieved
from the stream.
YES
VDEQ 06/27/18 CL18006874-00
Montgomery, VA
(UNT to Flatwoods Branch (S-
MM13))
As noted on June 27, 2018, the Department observed that the release of sediment and sediment laden stormwater
off of the right of way onto adjacent private property and into surface waters of the Commonwealth had occurred
near stream MN-513.
MVP RESPONSE: Correct stream ID is S-MM13. Repair and maintenance activities completed on waterbars, end
treatments and perimeter controls as specified in VDEQ inspection report. Sediment was retrieved from the stream.YES
VDEQ 06/27/18 CL18006874-00 Montgomery, VA As noted on June 27, 2018 the Department observed that wetlands crossings WC5, WC6, WCI 1, and WC12 were
not properly installed prior to use.
MVP RESPONSIVE PLEADING: Project activities at these locations included installation of the travel lane. Timber mat
equipment crossings with geotextile underlayment had been installed at time of inspection. No disturbance had
been conducted outside of the travel lane and vegetated buffers remained in-place.
No
VDEQ
5/21/2018,
5/23/2018,
6/13/2018
CL18006874-00 Franklin, VA As noted on May 21, May 23, and June 13, 2018, the Department observed denuded areas, including stockpiles and
earthen structures, which were not stabilized.
MVP RESPONSIVE PLEADING: Project activities at these locations included installation of the travel lane. Timber mat
equipment crossings with geotextile underlayment had been installed at time of inspection. No disturbance had
been conducted outside of the travel lane and vegetated buffers remained in-place.
No
VDEQ
5/23/2018,
5/24/2018,
6/6/2018
CL18006874-00 Franklin, VA
As noted on May 23, May 24, and June 6, 2018, the Department's review of records on site revealed that self-
inspection reports failed to identify erosion and sediment controls requiring maintenance and failed to document
that corrective action was performed within the requisite timeframe.
MVP RESPONSE: Repaired/upgraded controls in accordance with VDEQ inspection report recommendation.No
VDEQ 5/30/2018,
6/6/2018 CL18006874-00 Montgomery, VA As noted on May 30 and June 6, 2018, MVP failed to ensure that clean water diversions shown on MVP's approved
Site Specific ESC Plan were constructed and made functional before upslope land disturbance took place.
Responsive Pleading: "MVP determined that the clean water diversion structures referenced above would not be
useful at that location based on field conditions and made a corresponding minor revision to the plans. VDEQ staff
reviewed and approved the revisions on or about June 6, 2018."
No
VDEQ 6/1/2018 to
11/15/2018 CL18006874-00 Various
From the beginning of June through November 15, 2018, MBP observed 16 additional instances where sediment
was deposited off of the construction right of way into an adjacent stream as a result of erosion and sediment
control measures being improperly installed or maintained.
See general response.YES
VDEQ 6/1/2018 to
11/15/2018 CL18006874-00 Various
From the beginning of June through November 15, 2018, MBP documented an additional 180 instances where MVP
failed to repair ineffective erosion and sediment control measures within 24 hours of identification. The individual
delays range from 1 to 48 days past due.
See general response.No
VDEQ 6/1/2018 to
11/15/2018 CL18006874-00 Various From the beginning of June through November 15, 2018, MBP observed 58 instances of inadequate stabilization in
violation of 9 V AC 25-840-40( 1) ("Minimum Standard 1").See general response.No
VDEQ 6/1/2018 to
11/15/2018 CL18006874-00 Various From the beginning of June through November 15, 2018, MBP observed 65 instances of inadequate stabilization in
violation of 9 V AC 25-840-40(2) ("Minimum Standard 2").See general response.No
VDEQ 6/1/2018 to
11/15/2018 CL18006874-00 Various
From the beginning of June through November 15, 2018, MBP identified at least 26 instances where, as a result of
erosion and sediment control measures being improperly installed or maintained, sediment was deposited off of
the construction right of way but where stream impacts were not observed.
See general response.No
WVDEP 04/03/18 W18-52-021-RDD Bradshaw
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment-laden water from leaving the site without going
through silt sock located at Bradshaw Compressor Station
Section G.4.e.2 – Permittee has failed to properly implement controls: lack of drop inlet protection at the Mobley
Compressor Station
Section G.4.e.2.A.ii.f – Permittee has failed to protect fill slopes at the Bradshaw Compressor Station.
Stream impacted: S-ST13 (Unt to Mobley Run)
Immediately following the inspection, additional stakes were installed along the compromised sections of triple
stocked compost filter sock (CFS), which increased the ground surface contact and improved the CFS/ground
contact. Additional layers of CFS and secondary BMPs were also installed throughout the project area. Rock check
dams have been installed and additional diversion berms were installed along the access road to divert
concentrated flows. These corrective actions will prevent sediment laden water from leaving the location.
The drop inlet has been properly fitted and additional rock has been placed around the inlet, providing additional
sediment filtration and proper inlet protection. Additional staples have been installed in the erosion control matting
(ECM) upslope of the drop outlet to increase ground contact. The addition of rock and securing the ECM will reduce
potential erosion and provide increased filtration before entering the drop outlet.
Additional rock check dams have been installed along the access roads and areas where channelized flow was
impacting the fill slopes. Perimeter controls have been cleaned, replaced where necessary, and maintained
throughout the project area to protect fill slopes. In addition to the corrective actions described above, and to the
already required inspections, Mountain Valley increased inspections to occur every four days during the month of
April. Additional environmental crews were also hired to help maintain, repair, and replaced the BMPs throughout
the project area.
YES
WVDEP 05/09/18 W18-52-001-CP Spread F
Section G.4.e.2 – Permittee has failed to implement appropriate controls which allowed a failure of controls at
station 9492+92.58 allowed sediment laden water to leave site without going through an appropriate device.
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device.
Having violated the following WV Legislative Rules (Requirements Governing Water Quality Standards) Title 47,
Series 2, Section 3.2.b – Permittee has caused conditions not allowable in waters of the State by allowing sediment
deposits on the bottom of the stream.
Stream Impacted -S-IJ64 (UNT to Little Stony Creek)
Immediately following the inspection, MVP initiated repair, replacement, and upgrade activities at the sites
photographed in the NOV and along the right-or-way. Photo No. 1, within Attachment A, shows an example of an
upgraded erosion control device. The photograph shows a deepened sump with an extra row of Priority 1 Silt
Fence behind the compost filter sock. This upgrade increases the water retention and provides an extra row of
filtration. The timbermat bridge shown in Photo No. 2 (Attachment A) was also repaired and new geotextile was
installed. Mountain Valley is coordinating with adjacent property owners to remove any material that may have
migrated off-site during the storms.
YES
WVDEP 06/06/18 W18-17-065-TJC Spread A
Section B – failed to comply with the General Permit and approved Storm Water Pollution Prevention Plan (SWPPP).
Perimeter controls and treatment at water bar outlets are not in place as detailed by the SWPPP from 513+64 to
556+00. There are no BMPs in place to prevent sediment laden water from leaving the site in this area in violation of
the issued permit.
Mountain Valley conducted meetings with all Environmental Inspectors to ensure that erosion control devices
(ECDs) were properly installed. Immediately following the inspection, MVP began installing the required BMPs,
which included temporary diversion berms, reinforced filtration devices (RFDs), and waterbars. MVP also
completed the necessary repairs and RFD replacements. Additional corrective actions included replacing or
repairing RFDs, adjusting waterbar slopes, and maintaining waterbar sumps.
No
WVDEP 06/06/18 W18-52-002-CP Spread E
Section G.4.c. - Permittee has failed to modify your SWPPP when the SWPPP proves to be ineffective in achieving
the general objectives of controlling pollutants in storm water discharges- additional controls were not added to
areas where installed controls failed.
Section G.4.e.2. - Permittee has failed to implement controls: water bars/slope breakers were improperly installed-
did not have outlets, outlet was directed down denuded slope, slope of water bar was inappropriate, and
inadequate number of bars were installed.
Section G.4.e.2.A.ii.j - Permittee has failed to prevent sediment-laden water from leaving the site without going
through an appropriate device from control failure at stations 6812+58 (sheet 6.38) and 6854+00 (sheet 6.39).
On June 7, 2018, a Tailgate Safety Meeting was held with the contractor to discuss the issues identified during the
inspection and to ensure that concerns pertaining to the project area’s Erosion Control Devices (ECDs) were
properly addressed. Immediately following the inspection and field discussions, MVP added additional ECDs, such
as waterbars, compost filter sock, slope drains, and belted silt fence. In addition to the repair, replacement, and
upgrade activities, the slope drains have been installed to address the rill erosion that was forming on the fill slopes.
The contractor also adjusted the waterbars to include drainage outlets and ensure proper sloping. Mountain Valley
has returned the identified sediment back to the permitted LOD. All concerns within the Department’s inspection
report have been addressed.
No
WVDEP 07/06/18 W18-09-076-TJC Spread B
Section G.4.e.2 – Failed to properly implement controls: improperly installed waterbars were noted in area was
scattered through the inspected area. An improperly installed BMP at the terminus of a water bar located adjacent
to the Dry Fork Access (MVP-DO0049) caused sediment laden water to bypass the devices.
Section G.4.3.2.A.ii.j: Failed to prevent sediment laden water from leaving the site without going through an
appropriate device. Offsite sediment deposits and sediment laden water was noted in areas scattered throughout
the inspection area.
Section D.1 - failed to operate and maintain all erosion control devices. An improperly operated temporary right of
way diversion and outlet was noted at 1851+00. This deficiency caused sediment laden water to leave the site and
Mountain Valley initiated site repairs and remediation immediately following the inspection. All erosion control
devices (ECDs) in the area were re-inspected and repaired accordingly. ECD adjustments included: ECD cleaning
and further maintenance; Grading and ensuring that waterbars are properly sloped; Improving and adding outlets
along the perimeters; and installing erosion control matting.
On July 7, 2018, the Lead Environmental Inspector held a meeting with the contractor to review
installation/maintenance requirementsand to ensure that those requirements were met.
YES
WVDEP 07/17/18 W18-52-003-CP Spread D
Section G.4.e.2. - Permittee has failed to properly implement controls: installed controls failed allowing sediment
laden water to leave site and flow into UNT of Birch River (S-F34).
Section G.4.e.2.A.ii.j - Permittee has failed to prevent sediment-laden water from leaving the site without going
through an appropriate device- control failure near station 5518+00 (GPS coordinates: 38° 25.4570’N, 80°
34.2329’W) deposited sediments into UNT of Birch River (S-F34)
Title 47, Series 2, Section 3.2.b.-Section 3.2.b. - Permittee has caused conditions not allowable in waters of the State
by allowing sediment deposits on the bottom of UNT of Birch River (S-F34)
Mountain Valley repaired and maintained the ECDs in the area upslope of the stream. The repairs and maintenance
included repairing the existing, compost filter sock, adding additional rows of RFD, and stabilizing the area with seed
and mulch. Mountain Valley also repaired the existing timbermat bridge by replacing the geotextile underlayment,
repairing the sideboards, and extending the timbermats upslope to reduce the amount of exposed soils. The areas
identified as needing maintenance along Access Road 129 have been cleaned of sediment and seeded and mulched.
An additional row of supersilt fence has also been added.
YES
WVDEP 07/18/18 W18-52-004-CP Spread E
Section G.4.e.2. - Permittee has failed to implement controls appropriate for the project: inadequate controls at
terminus of water bars.
Section G.4.e.2.A.ii.j - Permittee has failed to prevent sediment-laden water from leaving the site without going
through an appropriate device at several locations along UNT of Harmony Creek (Photos 6-8) Stream ID: S-N8
Title 47, Series 2, Section 3.2.b.-Section 3.2.b. - Permittee has caused conditions not allowable in waters of the State
by allowing sediment deposits on the bottom and banks of UNT of Harmony Creek. (Photos 6-8) Stream ID: S-N8
Mountain Valley hired a third party engineer to evaluate site conditions and improve the proposed controls in the
area. As a result several additional sumps and water diversions have been installed which increase retention and
help control surface flows. In addition, the Priority 1 silt fence was repaired and maintained, additional rows of
compost filter sock were installed, existing sumps were cleaned, and upslope waterbars were restored.
YES
WVDEP 07/26/18 W18-17-077-TJC Spread A
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment-laden water from leaving the site without going
through an appropriate device. Offsite deposits were noted in Grass Run
Section G.4.e.2 – Permittee has failed to properly implement controls: improperly constructed waterbars were
noted throughout the inspected area
Title 47, Series 2, Section 3.2.b – Caused conditions not allowable (CNA) in waters of the State by allowing sediment
deposits on the bottom of Grass Run (S-A11a)
Mountain Valley has installed the waterbars and protective outlets, and additional rows of erosion control devices
“ECDs”; The waterbars have been constructed according to field conditions and the typical details; The Priority 1
silt fence at the upslope edge of the adjacent temporary work space (ATWS) have been repaired. An additional row
of supersilt fence has also been added; and Sediment has been removed accordingly and returned to the project
area’s limit of disturbance.
YES
WVDEP 08/01/18 W18-17-082-TJC Spread A
Section G.4.e.2.- failed to properly implement controls: improperly installed water bars were noted throughout the
inspected area. Water bars did not shed stormwater off of the project area in small quantities as designed. Sheet
flow BMPs (Super Silt Fence) were noted in concentrated flow areas throughout the inspected area
Title 47, Series 2, Section 3.2.a.- caused conditions not allowable in waters of the State by allowing distinctly visible
settleable solids in Right Fork of Big Elk Creek (39° 26.6589’ X 80° 28.9724’), Goose Run (39° 26.17952’ X 80°
28.5256’) and UNT Goose Run (39° 26.100’ X 80° 28.4922’)
Section G.4.e.2.A.ii.j: Failed to prevent sediment-laden water from leaving the site without going through an
appropriate device. Offsite sediment deposits and CNA were noted in areas scattered throughout the inspected
area
G.4.e.2.A.ii.f.-Failed to protect fill slopes. Concentrated flow was being directed over unstable fill slopes in areas
scattered throughout the inspected area.
Section D.1.- failed to operate and maintain all erosion control devices. Improperly operated and maintained BMPs
were noted in areas scattered throughout the inspected area.
Title 47, Series 2, Section 3.2.b.-Caused conditions not allowable in waters of the State by allowing sediment
deposits on the bottom of in UNT Goose Run (39° 26.100’ X 80° 28.4922’), Seal Run (39° 20.4891’ X 80° 30.7324’)
and Grass Run (39° 20.1127’ X 80° 31.3233’)
UNT to Goose Run (S-B75/F49)
RF Big Elk (S-J62)
Goos Run (S-B74)
Seal Run (S-RR22; DEP calls it Seals Run, appears to be UNT to Grass Run)
Grass Run (S-A11a)
Mountain Valley has installed waterbars according Stormwater Pollution Prevention Plan’s drawings and added
additional waterbars where necessary to adequately shed water through the project area;
Sumps and end treatments have been installed at the waterbar outlets;
The installed erosion control devices (ECDs) have been cleaned, repaired, or replaced as required;
Unstable slopes have been regraded and stabilized;
Additional waterbars and outlets have also been installed prevent rill erosion and adequately disperse the water in
the area; and
Offsite sediment deposits were cleaned and the material was returned and properly reworked into the project area
limits of disturbance (LOD).
YES
WVDEP 08/02/18 W18-52-005-CP Spread F
Section G.4.e.2 – Permittee has failed to properly implement controls: controls at Wayside/Talcott (station
9466+16) and Slate Run (station 9624+00) are insufficient to prevent the release of sediment laden water into
adjacent stream of Stony Creek and Slate Run
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device at Wayside/Talcott (station 9416+16) and Slate Run (station 9624+00)
Having violated the following WV Legislative Rules (Requirements Governing Water Quality Standards) Title 47,
Series 2, Section 3.2.a – Permittee has caused conditions not allowable in waters of the State by allowing distinctly
visible solids in Stony Creek and Slate Run.
Immediately following the inspection, MVP initiated repair, replacement, and upgrade activities at the sites
photographed in the NOV and along the right-or-way. Photo No. 1, within Attachment A, shows the upgraded
erosion control device at Stony Creek. MVP also replaced the bank protection product along Stony Creek. See
photo No. 2 in Attachment A. Erosion and sediment control devices have been replaced along the edge of the
timber mat at Slate Run. Photo No. 3, in Attachment A, show the replaced erosion and sediment control devices.
YES
WVDEP 08/10/18 W18-09-083-TJC Spread B
Section G.4.e.2 – Failed to properly implement controls: Water bars installed at steep angles were observed during
the inspection. Water bars that discharged stormwater into unstable diversions as well as water bars that
terminated prior to the edge of the LOD and did not discharge stormwater off site in small quantities as designed
were observed
G.4.e.2.A.ii.f – failed to protect fill slopes. Concentrated flow that was being directed over fills slopes and/or
unstable diversions that caused fills slope erosion were noted in areas scattered through the inspected area
Section D.1 – failed to operate and maintain all erosions control devices. BMP that were not properly operated and
maintained that caused offsite sediment deposits were noted in areas scattered through the inspected area
G.4.e.2.A.ii.j – failed to prevent sediment laden water from leaving the site without going through an appropriate
device. Offsite sediment deposits and CAN were noted in areas scattered throughout the inspected area
Title 47, Series 2, Section 3.2.a – caused conditions not allowable in waters of the State by allowing distinctly visible
settleable solids in UNT Meathouse Fork (39° 11.891’ X 80° 33.209’)
Mountain Valley has regraded and installed waterbars according to the plan; An updated waterbar design has been
incorporated into the project, increasing the height of temporary waterbars from 9-inches to 18-inches. The
updated design is required on all new waterbars and all waterbars that are being repaired; Sumps and end
treatments have been cleaned and installed at the waterbar outlets; The installed erosion control devices (ECDs)
have been cleaned, repaired, or replaced as required; and Offsite sediment deposits were cleaned and the material
was returned and properly reworked into the project area limits of disturbance (LOD).
YES
WVDEP 08/13/18 W18-10-001-JHH Stallworth
Section G.4.e.2 – failed to implement controls appropriate for the project: perimeter controls are being used for
concentrated flow in multiple locations on the project, silt fence being installed on the southern portion of the pad
area was not joined or trenched in properly
Section D.1 – failed to operate and maintain erosion control devices: perimeter controls in multiple locations on the
project have not been maintained
Section G.4.c – Failed to modify your SWPPP when it proves to be ineffective in achieving the general objectives of
controlling pollutants in storm water discharges: alterations/modification to the SWPP have not occurred in areas
where failed controls have repeatedly led to off-site sediment loss
Section B – failed to comply with the General Permit and approved SWPPP: The roadside diversion with checks and
several cross drains were not in place on site as prescribed in the SWPPP. This lack of stormwater control in the
lower portion of the site was causing unnecessary erosion, lack of treatment and standing water in the fuel storage
area
Section G.4.e.2.A.ii.j – Failed to prevent sediment laden water from leaving the site without going through an
appropriate device: this was evident at six different locations along the project LOD perimeter
Having violated Title 47, Series 2, Section 3.2.b – Caused conditions not allowable in waters of the State by allowing
sediment deposits on the bottom of wetland WQR-1 and stream A-104 (both UNTs of Buffalo Creek of the
Meadow River)
Mountain Valley has installed several new sumps and reinforced filtration devices throughout the project area to
increase sediment retention and filtration; Erosion Control Devices (ECDs) were cleaned and maintained
immediately following the inspection; A temporary “V”ditch channel has been installed along the soil nail wall. The
temporary “V" ditch will remain until the soil nail wall is installed and the final channel can be completed. The work
on the soil nail wall is scheduled to begin by September 1 or earlier; and Additional culverts were also installed
along the access road to divide the volume of water along the project area.
YES
WVDEP 08/15/18 W18-52-006-CP Spread E
Section D.1 – Permittee has failed to properly operate and maintain all systems of treatment and controls –
waterbar terminus needed maintenance near Bingham Road station 7450+00, timber mat bridge fabric was torn at
staion 7465+00, CFS needs maintenance near Bingham Road and station 7230+00
Section G.4.c – Permittee had failed to modify your SWPPP when the SWPPP proves to be ineffective – water bar
terminus at station 7084+00 has failed allowing release of sediment laden water to leave site; controls added to
have proved inadequate to control flow. In adequate number of water bars are installed on slope between
7084+00 to 7093+50 leading to continued failure of installed water bars.
Section G.4.e.2 – Permittee has failed to properly implement controls; inadequate controls were installed near
ROW entrance of Bingham Road station 7450+00, waterbars were improperly sloped near Bingham Road station
7450+00, waterbars lacked outlet near Bingham Road station 7450+00, inadequate control installed at base of fill
slope at 7158+00, inadequate number of waterbars were installed between station 7084+00 to 7093+50, in
adequate controls were installed at waterbar terminus at station 7084+00 and ditch checks were not installed in
road side ditch below failed control at 7084+00.
Section G.4.e.2.A.i.b – Permittee has failed to provide interim stabilization on areas where construction activities
have temporarily ceased for more than 21 days, specifically on waste piles near Bingham Road Station 7465-37,
Bamboo Road Station 7158+00 and all other areas where applicable
Section G.4.e.2.A.ii.f – permittee has failed to protect fill slopes at station 7158+00
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device – sediment laden water from failed water bar terminus is conveyed through roadside ditch
into culverts to leave perimeter at GPS location 38° 5.84131’N, 80° 43.1339’W
Mountain Valley has adjusted the waterbars and end treatments near Bingham Road.
The outlets have been upgraded with compost filter sock; filter fabric was replaced along the timber mat bridge;
and ECD maintenance, repair, and replacement has been completed;
Temporary stabilization has been applied along the slopes near Bamboo School Road and other stockpiles within
the project area;
Waterbars in the project area have been adjusted by correcting the slopes and adding end treatments;
Safety fence has been installed around the sumps; and
The slope drain j-hook have been extended where required.
No
WVDEP 08/21/18 W18-52-006-CPP Harris/WB
Section D.1 – Permittee has failed to properly operate and maintain all systems of treatment and controls –
installation of underdrain outlet remains unfinished as noted during last inspection (7/31/2018) while underdrain is
operational.
Section G.4.e.2 – Permittee has failed to properly implement controls: improperly installed concrete washout
device. Device was filtering particles but releasing water without treatment for pH adjustment
Section G.4.e.2.A.i.c – Permittee has failed to reseed areas that filed to germinate within 30 days after seeding
Mountain Valley completed construction of the under-drain outlets.
Mountain Valley reseeded slopes, where necessary, on the northwestern side of the site and fill slopes.
Mountain Valley constructed a new concrete washout that is capable of containing water.
No
WVDEP 09/11/18 W18-52-008-CP Stallworth
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device at Station 900 where concentrated flow has over topped installed perimeter
controls.
Mountain Valley has installed triple stack compost filter sock below the culverts at Station 9+00 in order to provide
additional filtration of site runoff. Rock aprons have also been installed to dissipate water velocity and increase
filtration.
No
WVDEP 09/20/18 W18-52-009-CP Spread F
Section D.1 - Permittee has failed to properly operate and maintain all systems of treatment and controls – Silt
fence along access road 231.01 off Painters Run Road near station 10270 needs replaced
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device – controls failed along access road 231.01 of Painters Run Road near Station 10270
Having violated the following WV Legislative Rules (Requirements Governing Water Quality Standards) Title 47,
Series 2, Section 3.2.a – Responsible party has caused conditions not allowable in waters of the State by allowing
distinctly visible settleable solids in UNT of Painters Run along access road 231.01 of Painters Run Road near station
10270
UNT of Painters Run (Stream ID S-C42)
Mountain Valley has repaired existing erosion control devices (ECDs) and installed additional ECDs along Access
Road 231.01, as well as added rock filters to sumps; and Mountain Valley has also replaced P1 silt fencing, seeded
and mulched areas as needed.
Yes
WVDEP 09/25/18 W18-52-011-CP Harris/WB
Section G.4.e.2 – Permittee has failed to properly implement controls: inadequate perimeter controls installed at
base of fill slope at station 550, which allowed sediment laden water to release into UNT of Little Kanawha River.
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device into UNT of Little Kanawha River.
Have violated the following WV Legislative Rules: Title 47, Series 2, Section 3.2a – Responsible party has caused
conditions not allowable in waters of the State by allowing distinctly visible settleable solids in UNT of Little
Kanawha River.
Stream ID S-AA15 - actually UNT to Laurel Run
Immediately following the inspection, Mountain Valley initiated repair, replacement, and upgrade activities at the
drainage swale near Station 550. The repairs and upgrades include replacing the erosion control blankets with a
rock -lined channel and contouring the rock-lined channel to prevent additional erosion; Mountain Valley has also
removed and replaced the sediment filter bags that were installed along the slope and added two gravel pads
designated for filter bags; and Mountain Valley has also installed a compost filter sock berm along the perimeter for
additional filtration during the civil construction process.
YES
WVDEP 09/25/18 W18-52-010-CP Spread C
Section G.4.e.2 – Permittee has failed to properly implement controls: inadequate controls at sumps near station
3625+00 and perimeter controls near station 3634+00 which allowed sediment laden water to leave the site
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device in UNT of Knawls Creek
Title 47, Series 2, Section 3.2a. – Responsible party has caused conditions not allowable in waters of the State by
allowing distinctly visible settleable solids in UNT of Knawls Creek.
Stream ID S-J72
On September 25, the same day of the inspection, Mountain Valley immediately repaired the supersilt fence and
added a row of compost filter sock, cleaned the sumps upslope of the road crossing and installed additional P1 silt
fencing at several sump locations.
YES
WVDEP 09/26/18 W18-32-001 -JTL Spread F
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device – Off-site sediment deposits in multiple locations were observed from station numbers
9915+00 through 9897+00
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Evidence was
observed that waterbar outlets where not being maintained to limit impacts off the ROW
Title 47, Series 2, Section 3.2.a – Responsible party has caused conditions not allowable in waters of the State by
allowing distinctly visible settleable solids in Stream S-H58 and TTWV-S-E58 that flow in to Hans Creek
Mountain Valley has upgraded ECDs at the locations identified in the NOVs. The upgrades include additional
supersilt fence, rock lined drainage channels and compost filter sock; Additional gravel has been added to the rock
construction entrance (RCE); Sumps and end treatments have been cleaned and installed at the waterbar outlets;
and the installed erosion control devices (ECDs) have been cleaned, repaired or replaced as required.
YES
WVDEP 09/27/18 W18-32-002-JTL Spread F
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device: At station 9630+00 SLW was entering Stream S-A60. SLW was observed leaving portions of
ROW and entering Indian Creek at the CR 23/9, SLW was observed leaving portions of ROW near Station numbers
9417+75, 9779+00 and 9778+00. Impacted areas include Stream S-A60, Stream S-Z4, Stream S-Z5, Wetland W-22,
and Indian Creek
Section G.4.e.2.D.i – Permittee has failed to inspect and clean all adjacent public and private roads of debris
originating from the construction site along CR 23/9 Ellison Ridge Road
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Multiple waterbar
outlets were being overwhelmed at the time of inspection
Title 47, Series 2, Section 3.2.a – Responsible party has caused conditions not allowable in waters of the State by
allowing distinctly visible settleable solids in Stream S-A60, Stream S-Z4, Stream S-Z5, Wetland W-22, and Indian
Creek
Section G.4.e.2.A.ii.f – Permittee has failed to protect fill slopes.
Stream S-A60 (Slate Run)
Stream S-Z4 (UNT to Hans Creek)
Stream S-Z5 (UNT to Hans Creek)
Wetland W-22
and Indian Creek (S-D31)
Mountain Valley has upgraded ECDs at the locations identified in the NOVs. The upgrades include additional
supersilt fence, rock lined drainage channels and compost filter sock; Additional gravel has been added to the rock
construction entrance (RCE); Sumps and end treatments have been cleaned and installed at the waterbar outlets;
and the installed erosion control devices (ECDs) have been cleaned, repaired or replaced as required.
YES
WVDEP 10/02/18 W18-32-003-JTL Spread F
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device near station #9687. Off-site sediment deposits were also observed at station numbers
9717+52 and 9724+51
Section G.4.e.2.A.ii.f – Permittee has failed to protect fill slopes and stabilize channels at station #9687.
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Evidence was
observed that BMPs were not being maintained to limit impacts off the ROW.
Mountain Valley has installed a cleanwater diversion with to prevent additional water from entering the LOD. The
diversion will prevent upslope water from entering the ROW and improve the function of project area ECDs.
Additional ECDs have been added to the project area, priority 1 silt fencing has been repaired or replaced with
super silt fence.
No
WVDEP 10/02/18 W18-32-003-JTL Spread F
Having violated the following WV Legislative Rules (Requirements Governing Water Quality Standards) Title 47,
Series 2, Section 3.2.a – Responsible party has caused conditions not allowable in waters of the State by allowing
distinctly visible settleable solids in pond (P-D1) and stream (S-D29, UNT to Hans Creek) at station 9687.
Mountain Valley has installed a cleanwater diversion with to prevent additional water from entering the LOD. The
diversion will prevent upslope water from entering the ROW and improve the function of project area ECDs.
Additional ECDs have been added to the project area, priority 1 silt fencing has been repaired or replaced with
super silt fence.
YES
WVDEP 10/03/18 W18-52-012-CP Spread F
Section D.1 - Permittee has failed to properly operate and maintain all systems of treatment and controls –
unacceptable amount of sediment was left in sumps after maintenance was performed at Painters Run Road station
10270.
Mountain Valley pumped existing sumps and removed excess sediment near Painters Run Road; A drainage channel
has been graded and stabilized in the additional temporary workspace, also known as ATWS, near the Lindside
Methodist Church; and Stockpiles requiring pesticide treatment were treated and then regraded into the LOD.
No
WVDEP 10/10/18 W18-52-013-CP Spread F
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device at AR 210 and Painters Run Road Station 10270
Section G.4.e.2.D.i – Permittee has failed to inspect and clean all adjacent public and private roads of debris
originating from the construction site at AR 210 and Painters Run Road Station 10270
Additional rock has been added to the rock construction entrance at Access Road (AR) 120, which will increase
filtration of LOD water; An additional street sweeper to maintain public roads throughout Spread F has been added;
the street sweeper is readily available for maintenance and cleaning along the public road; Station 9466 is at final
grade and has been stabilized with erosion control blanketing; and The portions of the LOD identified in the NOV
with potential pests (“army ants”) will continue to be monitored and reseeded as necessary.
No
WVDEP 10/25/18 W18-52-033RDD Spread A
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment-laden water from leaving the site without going
through an appropriate device at Station 489 and 493.
Section D.1 – Permittee has failed to properly operate and maintain all systems of treatment and controls –
stabilization diversion ditch near Manion Run, perimeter controls near Sams Run Crossing, and waterbars and
associated sumps near Sams Run.
Mountain Valley has submitted Modification No. 011 of Permit No. WVR310667 which details the additional limits of
disturbance (LOD) to address the slips identified in the inspection report. The application is currently under review
by the WVDEP.
Temporary stabilization (seed and mulch) and P1 perimeter controls have been installed to prevent additional
sediment from exiting the right-of-way (ROW);
The sumps near Sams Run have been pumped and maintained;
A corrugated plastic pipe has also been installed near Sams Run to prevent rill erosionalong the slope;
Erosion control devices and sumps have been cleaned and maintained along the LOD; and
Offsite sediment deposits were cleaned in areas where MVP was granted access by property owners. The sediment
deposits were returned and properly reworked into the project area’s LOD.
NO
WVDEP 11/27/18 W18-52-014-CP Spread C
Section G.4.e.2 – Permittee has failed to properly implement controls sufficient to prevent release of sediment
laden water into Knawl’s Creek.
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device and entering Knawls Creek
Title 47, Series 2, Section 3.2a. – Responsible party has caused conditions not allowable in waters of the State by
allowing distinctly visible settleable solids in Knawls Creek.
Knawls Creek S-LL1
Mountain Valley has restricted equipment from crossing the area upslope of Knawls Creek where the inspection
occurred. Preventing equipment from crossing said area has prevented sediment laden water from entering the
location outlined in WVDEP’s inspection report. Mountain Valley will continue to maintain, repair, and replace the
erosion control devices in this area. The controls in the area include Priority 1 silt fence, supersilt fence and sumps.
Yes
WVDEP 11/30/18 W18-17-113-TJC Spread A
Section G.4.e.1.E: Permittee has failed to provide an adequate stone access entrance/exit to reduce the tracking of
sediment onto the public or private roads. Access Road WV-HA-31.1 of CR 50/4, WV-HA-29.04 off CR 50/5 and EV-
HA-29.5 off CR 50/5 lacked a stable construction entrance and track out was noted on the adjacent public roadways
as a result.
Section G.4.e.2.D.i: Permittee has failed to inspect and clean all adjacent public and private roads of debris
originating from the construction site. The responsible party was making an attempt to clean track out debris from
CR 50/5 at the time of inspection, however a film of sediment that originated form the site covered the road.
The county road was immediately cleaned as required; Mountain Valley has added additional gravel to reinforce
the rock construction entrance (RCE) at the locations identified in the NOV; and Mountain Valley will continue to
monitor the road and clean as required by code.
No
WVDEP 02/06/19 W19-32-002-JTL Spread F
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving site without going through
an appropriate device at the MVP contractor yard in Beaver, WV.
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Evidence was
observed that BMPs were not being maintained in and along a drainage ditch that flowed through the yard and
terminated upslope of the UNTo Brammer Branch causing CNA.
Section G.4. Permittee has failed to comply with the General Permit and approved Storm Water Pollution
Prevention Plan (SWPPP). Erosion control devices near station number 8816+00 are not in place as detailed by the
SWPPP.
Additional Erosion Control Devices (ECDs) were installed along the drainage swale adjacent to Laydown Yard 50 in
Beaver, WV. The ECDs include rock checkdams and bank stabilization/mulching. The supersilt fence and Priority 1
silt fence at the culvert outlet was also replaced and maintained as needed. This information is shown on photos
one through six within the attachment. ECDs were installed along the slope at Station 8816+00, including super silt
fence and stabilizing mulch. Photographs seven and eight within the attachment, illustrate these updates.
Yes
WVDEP 02/11/19 W19-34-003-JTL Spread D
Section G.4.e.2 – Permittee has failed to implement controls appropriate for the project. Evidence that enhanced
erosion was occurring in the watebar and slopes near stations 6017+50 and at station 5960+50 erosion occurring on
the slope and SLW being concentrated in wetland W-IJ-55 with the potential to migrate off site.
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Evidence was
observed at station 5960+50 that BMPs were not being maintained causing sediment laden water to be present in
Wetland W-IJ-55.
Section G.4.e.2.A.ii.e – Permittee has failed to protect fill slopes by diverting runoff away from the slope to a stable
channel. At Station 5960+50 above wetland W-IJ-55 erosion was occurring on the slope and no diversion was in
place to convey runoff to a stable channel.
The waterbar inslopes and outlets at the inspection locations have been stabilized with mulch, additional compost
filter sock, and filter media. This information is shown on Photos one through four within the attachment. The area
near W-IJ-55 has been stabilized with straw, gravel, compost filter sock, and additional rows of Priority 1 silt fence.
Photographs five through eight, within the attachment, illustrate the updates.
No - Wetland
WVDEP 04/22/19 W19-45-008-JTL Spread F
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Controls implemented
on slope above stream S-T35(A) had sediment build up in waterbars due to erosion occurring on slope.
Section G.4.c – Permittee failed to modify the SWPP by taking measures to ensure compliance with the permit:
Waterbars were implemented incorrectly between stations 8438+00 through 8628+00
Section G.4.e.2.A.ii.i – Permittee failed to prevent sediment laden water from leaving the site without going through
an appropriate device at station 8633+71. Evidence of Sediment Laden water and sediment deposits were
observed to have impacted Stream S0T35(A) a tributary of Lick Creek
Section G.4.e.2.A.ii.f – Permittee failed to protect fill slopes between station 8638+00 and 8628+00: Erosion on
slope due to improper Waterbar implementation
Section G.4.e.2 – Permittee failed to properly implement controls appropriate for the project: Waterbars were
installed to terminate on the ROW at Station 8633+71 causing erosion to occur on the ROW and sediment to impact
stream S-T35(A)
Violated the following WV Legislative Rules: Title 47, Series 2, Section 3.2.b – Permittee has caused conditions not
allowable in waters of the State by allowing sediment deposits on the bottom of Stream S-ST35(A) a tributary of
Lick Creek
Slope drains, slope protection and gravel have been installed upslope of Stream S-T35A; and The area directly
adjacent to stream S-T35A has been temporarily stabilized and the supersilt fence has been cleaned and maintained
(Photos 3 and 4).
Yes
WVDEP 05/13/19 W19-45-010-JTL Spread F
Section G.4.c – Permittee failed to comply with the General Permit and approved Storm Water Pollution Prevention
Plan (SWPPP). Waterbar outlet controls near station 8399+10 were not in place at the time of the installation as
detailed by the SWPPP
Additional waterbars and end treatments have been installed; and Priority 1 silt fence has been repaired and added
along the Limits of Disturbance (LOD). No
WVDEP 05/24/19 W19-45-015-JTL Spread F
Section G.4.c – Permittee failed to comply with the General Permit and approved Storm Water Pollution Prevention
Plan (SWPPP). Perimeter controls were not in place at the base of a soil pile allowing sediment deposits past the
LOD at Station 8387+96
Additional Priority 1 (P1) fencing has been installed; and Super silt fence has also been installed at the base of the fill
slope. No
WVDEP 05/29/19 W19-04-013-JTL Spread C
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Evidence was
observed at station 4031+00 and 4027+00 that controls were not being maintained causing sediment to be
transported past the LOD
Section G.4.e.2 – Permittee has failed to implement controls appropriate for the project: Evidence that enhanced
erosion was occurring on ROW, in Waterbars and slopes near station 4031+00 and 4027+00 was observed.
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device: Sediment deposits from SLW leaving the site was observed at station No’s 4030+00
and 4027+00.
Section G.4.e.2.A.ii.e – Permittee has failed to protect fill slopes by diverting runoff away from the slope to a stable
channel: At Station 4030+00 and 4027+00 waterbars were terminated onto the fill slope causing controls to be
overwhelmed along the perimeter and sediment to be transported past the LOD.
Mountain Valley has addressed erosion within the Limits of Disturbance (LOD) by reworking (smoothing/grading)
the surface and hydroseeding where necessary; Additional ECDs such as Priority 1 silt fence, supersilt fence and
sumps have been installed in the inspection area; and Sediment that was observed off the LOD has been returned
to the project area.
No
WVDEP 05/30/19 W19-34-014-JTL Spread D
Section D.1 – Permittee has failed to properly operate and maintain all facilities and systems: Evidence was
observed at stations 6474+16, 6478+48, 6508+30, 6510+10 and 6514+60 that controls were not being maintained
causing Sediment to be deposited past the LOD
Section G.4 – Permittee has failed to follow approved SWPP; at station 6945+00 ROW diversion had not been
installed per SWPPP. Station No. 6497+50 perimeter controls were not installed per SWPPP.
Section G.4.e.2.A.i.d – Permittee has failed to stabilize clean water diversions prior to becoming functional: above
stream S-EE1 and at station 6485+10 clean water diversions had not been stabilized prior to becoming functional.
Section G.4.e.2 – Permittee failed to implement controls appropriate for the project: Controls had not been
enhanced and/or implemented at stations 6508+30, 6510+40 and 6514+60 to eliminate sediment from being
deposited past the LOD
Section G.4.e.2.A.ii.j- Permittee has allowed sediment laden water to leave the site without going through an
appropriate device: At station No.’s 6508+30, 6510+40, and 6514+60 evidence that SLW had left the site was
observed
Temporary stabilization/mulching has been added to stabilize soils; Upgraded end treatments and rock stabilization
has been included along several fill slopes; Additional rows of Priority 1 (P1) silt fence has been installed behind log
piles and where necessary along the project area; P1 fencing has been installed between the stockpile and project
area near Station 6508; and Regrading the LOD to remove rill erosion and increase stabilization.
No
WVDEP 06/05/19 W19-51-015-JTL Spread D
Section D.1 – Permittee has failed to at all times properly maintain and operate all systems of treatment and
control: Construction entrance at Rt 82 crossing was not maintained to prevent sediment laden water and sediment
to be deposited past the permitted LOD.
Section G.4.e.2.A.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device: At Route 22 crossing sediment deposits and sediment laden water were observed
past the LOD. Sediment deposits were observed in the roadside ditch that paralleled Route 28 as well as downslope
past a culvert outlet approximately 500 feet past the LOD.
The Construction entrance at the Rt 82 crossing has had additional gravel added and graded; Drainage swale
adjacent to Rt 82 has been stabilized with erosion control matting; and Off-site sediment has been returned to the
project area.
No
WVDEP 06/11/19 W19-13-016-JTL Spread E
Section D.1 – Permittee has failed to properly maintain and operate all systems: Evidence was observed at station
No.’s 7590+00 through 7613+00 and station 7636+00 that controls were not being maintained causing sediment to
be transported past the LOD. SLW and deposits past LOD at Wetland W-V6 crossing with AR 182.5
Section G.4.e.2.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device: Sediment deposits from SLW leaving the site was observed at station No’s 7590+00
to 7613+00 and at station 7636+00. SLW and deposits past LOD at wetland W-WV6 crossing on AR-182.5
Additional Priority 1 (P1) fencing has been installed; Filtration media/mulch has been added to compost filter sock
(CFS); Sumps have been pumped out; Additional gravel has been added along Crosier Road; and The right-of-way
(ROW) has been regraded where necessary.
No
WVDEP 06/12/19 W19-32-017-JTL Spread F
Section G.4.e.2.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device: at station No. 9780+00 evidence that SLW had left the site was observed due to a
significant amount of sediment deposits and scouring being present past controls and LOD. At the Dargo silt fence
downslope of station No. 9780+00 sediment deposits was observed past controls and the LOD.
Pipe has been installed and the area is being permanently stabilized using erosion control blanketing, permanent
waterbars, and seeding; and Additional Compost Filter Sock (CFS) has been installed near natural drainage swales
and at the waterbar outlets, where necessary.
No
WVDEP 06/19/19 W19-51-018-JTL Spread D
Section G.4.e.2.ii.j – Permittee has failed to prevent sediment laden water from leaving the site without going
through an appropriate device: at Station 6587+00 evidence was observed that sediment laden water had left the
site due to sediment deposits being present past controls and the LOD above Stream S-L38
The off-site sediment was returned to the right-of-way and these areas were temporarily stabilized with straw
mulch. No
WVDEP 07/09/19 W19-45-021-JTL Spread F
Section G.4.e.2.A.ii.j – allowed sediment laden to leave the site without going through [an] appropriate device: At
station No. 8634+00 evidence that SLW had left the site was observed due to impacts to Stream S-T35A and impacts
off site past controls and LOD.
CSR47-2-3: Have violated the following WV Legislative Rules (Requiring Governing Water Quality Standards): Title
47, Series 2, Section 3.2.b – caused CNA in waters of the State by allowing sediment deposits on the bottom of the
stream: Permittee has caused CNA in waters of the State by allowing Sediment deposits in Stream S-ST35A an UNT
of Lick Creek at Station No. 8634+00 MVP ROW.
Installed flume pipe system and maintained sumps; Added compost filter sock and Priority 1 silt fencing to drainage
swales; and Returned sediment to the right-of-way (ROW) and stabilized these areas.Yes
WVDEP 07/18/19 W19-51-024-JTL Spread C
Section D.1. – Permittee has failed to properly operate and maintain all systems of treatment and controls: Along AR-
MVP-WB-119 multiple controls had not been maintained allowing sediment to be deposited past the LOD. At
Station No. 4559+96 sediment deposits were observed in a ditch that was located along AR-WB-119. At station No.
4559+96 and 4539+00 controls had not been maintained leading to controls becoming overwhelmed with sediment
and SLW being observed past the LOD.
Section G.4.e.2.A.ii.j – allowed SLW to leave the site without going through an appropriate device: At station No.
4559+96 and at several locations along AR-MVP-WB-119; evidence was observed that SLW had left the site due to
sediment deposits being present past controls and the LOD downslope of AR-MVP-WB-119. At and near station No.
4539+00 SLW was observed leaving the ROW; flowing past controls and entering the roadside ditch that flows
downslope towards the ROW crossing with AR-MVP-WB-119 and was conveying downslope through a culvert
inlet/outlet approximately 400 feet past the LOD towards Fall Run a tributary of the Holly River.
Title 47, Series 2, Section 3.2.a – Responsible party has caused CNA in waters of the state by allowing distinctly
visible settleable solids in a conveyance/ephemeral stream that becomes Fall Run a tributary of the Holly River.
Stream ID S-B62 (stream is actually Narrows Run)
Mountain Valley has incorporated additional compost filter sock (CFS), rock filtering, Priority 1 (P-1) silt fence, and
rock stabilization along access road WB-119; and Sediment that was observed off the LOD has been returned to the
project area.
Yes
WVDEP 08/01/19 W19-04-025-JTL Spread C
Section D.1. – Permittee has failed to properly operate and maintain all systems of treatment and controls: At
Access Road BR-095, BR097, and BR-099 controls had not been maintain and at station No’s 3831+00 through
3829+00 controls had not been implemented correctly and or were not being maintained causing erosion and
sediment to be deposited past the LOD.
Section G.4.e.2.A.ii.f – Permittee has failed to protect fill slopes: At station no’s 3831+00 through 3829+00 fill slope
erosion was occurring between waterbars causing controls to be overwhelmed and sediment deposits to be
present in the ditch that parallel’s US 19/HWY 4 and past the LOD at station No. 3831+00.
Section G.4.e.2 – Permittee has failed to implement control appropriate for the project: At station No. 3831+00
through 3829+00 waterbars were terminating onto the ROW causing erosion to occur on the slope that led to
control failures above US19/Hwy4
Section G.4.e.2.A.ii.j – Permittee has failed to prevent SLW from leaving the site without going through an
appropriate device: Sediment deposits were observed past the LOD at station No. 3831+00 and a roadside ditch
that parallels US 19/HWY 4 at station No. 3829+00. At Access Road MVP-BR-097 sediment deposits were present
past the LOD. In the roadside ditch near station No. 3897+75 downslope of MVP-BR-099 sediment deposits were
observed above stream S-k34/35. Sediment deposits were observed past the LOD due to a waterbar failure south
of BR-099 on MVP ROW. Sediment deposits were present past the LOD at BR-097.
Mountain Valley has addressed erosion concerns within the Limits of Disturbance (LOD) by reworking
(smoothing/grading) the surface and hydroseeding or mulching where necessary; Mountain Valley also installed
additional ECDs such as Erosion Control Blanketing (ECB), stabilizing gravel/rock, Priority 1 (P-1) silt fence, and
supersilt fence; and Sediment that was observed off the LOD has been returned to the project area.
No
WVDEP 08/07/19 W19-45-026-JTL Spread F
Section D.1. - Permittee has failed to properly operate and maintain all systems of treatment and controls: At
Station No.’s 8951+00 through 8956+00 erosion was present in waterbars. Several Waterbar outlets had no
controls present causing erosion to occur below the termini. Sumps that were present below the Waterbar termini
were overwhelmed with sediment and were not functioning as designed. Erosion present on slopes near station
No. 8946+00 causing controls to be overwhelmed with sediment and not functioning as designed.
Section G.4.e.2.A.ii.f – Permittee has failed to protect fill slopes: At station No.’s 8950+00 through 8956+00
waterbars were terminating onto a steep slope causing erosion and sediment deposits to overwhelm controls
leading to sediment deposits to be present past the LOD. At Station 8946+00 erosion was present in multiple
locations on the fill slope overwhelming perimeter controls.
Section G.4.e.2.A.ii.j – Permittee has failed to prevent SLW from leaving the site without going through an
appropriate device: Sediment deposits were observed past the LOD at station No. 8956+00.
Title 47, Series 2, Section 3.2.b – Permittee has caused CNA in waters of the State by allowing sediment deposits on
the bottom of Stream S-K16 and UNT Hungard Creek near station No. 8929+00
UNT to Hungard Creek (S-K16)
UNT to Hungard Creek (S-N5)
Installed slope drains, stabilized fill slopes, and maintained sumps; Repaired and maintained supersilt fence (SSF)
throughout the inspection area; Regraded and applied temporary stabilization in the inspection area; Stabilized
slopes and maintained the temporary diversion berms; and Returned sediment to the right-of-way (ROW) and
stabilized these areas.
Yes
WVDEP 08/14/19 W19-04-073-TJC Spread C
Section D.1 – Mountain Valley Pipeline, LLC failed to operate and maintain all erosion control devices. A culvert on
access road MVP-BR-092.01 was plugged and in need of maintenance. This allowed concentrate flow stormwater
to flow from the top of the slope to the base of the slope which caused offsite sediment deposits. A waterbar
terminus BMP in inspected area 3 (adjacent to 3760+00) was inundated with sediment and in need of maintenance.
Section G.4.e.2.A.ii.j – Mountain Valley Pipeline LLC failed to prevent SLW from leaving the site without going
through an appropriate device. This deficiency was a result of poorly maintained BMPs which allowed SLW to
bypass treatment.
Section B – Mountain Valley Pipeline LLC failed to comply with the General Permit and approved SWPPP. The
approved SWPPP indicates the need for ditch checks in the upslope ditch of all access roads as well as rock outlet
protection and a sediment control device placed at the outlets of the installed culverts. The access road lacked the
proposed ditch checks, rock outlet protection and an installed sediment control device at the outlet of the installed
culverts.
Title 47, Series 2, Section 3.2.b – Caused CNA in waters of the State by allowing sediment deposits on the bottom of
Keith Run (38 47.179 X 80 31.816) in two locations.
Keith Run Stream ID S-JJ2
Mountain Valley has incorporated additional compost filter sock (CFS), rock filtering, and gravel along access road
BR-092.01; Mountain Valley also stabilized and seeded the project area near Station 3760+00; and Returned
sediment that was observed off the LOD to the project area.
Yes
WVDEP 08/14/19 W19-21-074-TJC Spread B
Section G.4.e.2 – Mountain Valley Pipeline LLC failed to properly implement controls. Waterbars that were installed
at steep angles (>12%) were noted. Waterbars that were installed at varying angles were noted. Waterbars that did
no extend across the entire disturbed ROW and terminated prior to the installed perimeter silt fence were noted.
Waterbars that discharged stormwater over unprotected fill slopes were noted. Six improperly installed waterbars
on the project area adjacent to 2768+00 were discharging into a stabilized diversion. The installed diversion carried
the stormwater to the base of the hill where it was being treated with two pieces of perimeter silt fence. The
amount of stormwater being direct at the installed perimeter control overwhelmed the BMPs and caused a
significant amount of offsite sediment deposits adjacent to Cove Run. Improperly installed timbermat bridges were
noted at the Clover Run, Oil Creek and Cove Run (S-K45 crossings). The installed perimeter controls were not
properly merged with the installed timber mat equipment bridges which caused areas where sediment laden water
could bypass treatment. An improperly installed straw bale dewatering structure was noted in the Cove Run
watershed adjacent to 2770+00. The dewatering structure had a layer of impermeable plastic inside of the
geotextile fabric which caused the structure to not function as designed.
Section D.1. – Mountain Valley Pipeline LLC failed to operate and maintain all erosion control devices. Perimeter
controls that were in need of maintenance were noted in areas scattered throughout the inspected area. This
deficiency caused sediment laden water to bypass treatment and led to offsite sediment laden water adjacent to
2919+50. The offsite sediment laden water adjacent to 2919+50 occurred due to a dewater operation at the time
of the inspection.
Section G.4.e.2.A.ii.j – Mountain Valley Pipeline, LLC failed to prevent sediment laden water from leaving the site
without going through an appropriate device. Sediment laden water bypassed treatment due to improperly
installed BMPs and poorly maintained BMPs.
Mountain Valley has regraded and installed waterbars according to the plan; Supersilt Fence (SSF) has been
repaired and replaced within the inspection area; Slopes have been seeded and stabilized with properly designed
waterbars; Additional gravel has been added to the rock construction entrances and drainage channel; The installed
erosion control devices (ECDs) have been cleaned, repaired, or replaced as required; and Offsite sediment deposits
have been returned and properly reworked into the project area limits of disturbance (LOD).
No
WVDEP 08/26/19 W19-09-028-JTL Spread A
Permittee has failed to properly operate and maintain all systems of treatment and controls: At station No's
1833+50 and 1730+00 controls were not being maintained leading to perimeter controls being overwhelmed with
sediment causing them not to function as designed.
Permittee has failed to prevent sediment laden water from leaving the site without going through an appropriate
device: Evidence that SLW left the site was observed due to sediment deposits being observed past the LOD due to
control failures at Station No's 1833+00 and 1730+00
Mountain Valley has regraded the hillside to address the erosion rills; Additional slope drains have been added to
protect the fill slope; Compost filter sock (CFS) has been repaired or replaced to increase infiltration; and A clean
water diversion has been installed to prevent onsite saturation.
No
WVDEP 09/09/19 W19-21-029-JTL Spread B
Permittee has failed to properly operate and maintain all systems of treatment and controls: At the Route 21/Indian
Fork Crossing (Station No. 3089+00) controls had not been maintained or enhanced allowing SLW to leave the ROW
and enter a roadside ditch that conveys to Indian Fork (S-H159)
Mountain Valley has reworked the hill side to remove erosion rills and installed erosion control blanketing (ECB) for
stabilization; Supersilt fence (SSF) has been repaired and replaced within the inspection area; Additional rows of
compost filter sock (CFS) have been incorporated within the inspection area; Additional gravel has been added to
the rock construction entrance; and Gravel has been added to several sumps in the area to provide stabilization and
No
WVDEP 09/11/19 W19-17-030-JTL Spread A
Permittee failed to properly operate and maintain all systems of treatment and controls: at staion No. 645+35 the
dewatering structure used for the stream S-B75 bore was not being maintained and operated properly causing the
structure to not function as designed causing conditions not allowable in Stream S-B75 (Goose Run)
Permittee has failed to provide interim stabilization on areas where construction activities have temporarily ceased
Two additional dewatering devices were installed; The original dewatering device was removed, and the area is
stabilized; and The hillside near Station 645+00 has been stabilized with erosion control blanketing and super silt
fence.
Stream S-B75 is actually a UNT to Goose Run, Stream S-B74 is our stream ID for Goose Run. The impact did occur to
Goose Run, but looks like the DEP mislabeled the Stream ID.
Yes
WVDEP 11/06/19 W19-04-033-JTL Spread C
Permittee has failed to properly operate and maintain all facilities and systems: Evidence was observed as station
4364+00 that controls were not being maintained causing sediment to be transported pat the LOD and into a
coneyance of Oddlick Creek
Permittee has failed to implement controls appropriate for the project: Above Stream S-S2 near station No.
4364+00 erosion was occurring on AR-114 and causing sediment to overwhelm bridge controls upslope of Oddlick
Creek.
Permittee has failed to prevent sediment laden water from leaving the site without going through an appropriate
device: Sediment deposits from SLW leaving the site was observed near station No. 4364+00 approximately 200
feet past the LOD and conveyed to the bank of Oddlick Creek.
Mountain Valley has repaired and maintained ECDs throughout the inspection area including replaced super
siltfence/compost filter sock at the bridge crossings; and Installed additional compost filter sock and added
temporary stabilization along the perimeter of the inspection area.
No
WVDEP 11/07/19 W19-04-032-JTL Spread C
Permittee failed to immediately notify WVDEP of impacts to waters of the State (Elliott Run/Stream S-L49) pursuant
to 47CSR11-2 (Special Rules) of the West Virginia Legislative Rules promulgated pursuant to Chapter 22, Article 11.
Permittee has failed to implement controls appropriate for the project: A Waterbar above the slip that occurred
and impacted Elliott Run at station No 3964+00 was terminating onto the ROW and had no outlet controls present.
Permittee has caused conditions not allowable in waters of the State by allowing sediment deposits on the bottom
of a stream: Permittee has caused conditions not allowable in water of the State by allowing sediment deposits in
Stream S-L49 (Elliott Run) a tributary of Little Kanawha River at station No. 3964+00 and by allowing erosion control
pellets in Elliott Run (Stream S-L49) and Stream S-H117 (Stonecoal Run)
Mountain Valley has stabilized the area upslope of Elliott Run. Rock has been returned to the ROW, triple stacked
compost filter sock, supersilt fence and temporary stabilization has been installed. Yes
WVDEP 12/12/19 W19-45-032-JTL Spread F
Permittee has failed to properly operate and maintain all systems of treatment and controls: At station No. 8433+50
run on from a seep and improper tracking of the slope caused downslope controls to be overwhelmed with
SLW/Sediment deposits leading to SLW to be observed past the LOD and controls.
Mountain Valley installed erosion control blanketing and Priority 1 silt fence along the drainage swale; removed
sediment from behind existing ECDs; and added Priority 1 silt fence along the compost filter sock to increase
filtration and reduce velocity.
No

MVP Southgate Project

Attachment 2

Remaining Noncompliance Matters

June 2020
Attachment No. 2
Inspecting Agency Date NOV #Location Description of Defiency
FERC 7/11/2018 SpreadA_11Jul2018_RC1 Spread A MP 0.0
The Compliance Monitor conducted a routine inspection at the north end of the
Project area and found more than 15 vehicles parked in an unapproved area. The
vehicles were parked in the area near the intersection of Mobley Run Road and North
Fork Road. The Mountain Valley Environmental Inspection staff has already written
two other noncompliance reports for the same issue in the same area. This is a
violation of the FERC Plan, section IV.A.1., which states, "Project-related ground
disturbance shall be limited to the construction right-of-way, extra work space areas,
pipe storage yards, borrow and disposal areas, access roads, and other areas approved
in the FERC’s Orders." The Compliance Monitor notified the Lead Environmental
Inspector that a FERC noncompliance report would be prepared for the incident.
FERC 7/20/2018 SpreadG_20Jul2018_SK1 Spread G MP217.4
The Compliance Monitor accompanied an Environmental Inspector on an inspection
of the right-of-way west of Stevers Gap Trail (MP 217.6), where the Compliance
Monitor observed subsoil that had been pushed onto a segregated topsoil pile located
at Station No. 11478+00 (MP 217.4). The Compliance Monitor prepared a FERC
noncompliance report for violation of FERC Plan Section IV.B.4 which states “maintain
separation of salvaged topsoil and subsoil throughout all construction activities.” The
Assistant Superintendent was on-site and informed the Compliance Monitor that the
subsoil would be removed by the end of the day. The Compliance Monitor will
conduct a follow-up inspection within a couple of days to verify that corrective
measures have been completed.
FERC 7/20/2018 SpreadG_20Jul2018_SK3 Spread G MP217.8
The Compliance Monitor accompanied an Environmental Inspector on an inspection
of the right-of-way east of Stevers Gap Trail (MP 217.6), where the Compliance
Monitor observed subsoil and rocks that had been pushed onto a segregated topsoil
pile located at Station No. 11500+00 (217.8). The Compliance Monitor prepared a
FERC noncompliance report for violation of FERC Plan Section IV.B.4 which states
“maintain separation of salvaged topsoil and subsoil throughout all construction
activities.” The Assistant Superintendent was on-site and informed the Compliance
Monitor that the subsoil and rocks would be removed by the end of the day. The
Compliance Monitor will conduct a follow-up inspection within a couple of days to
verify that corrective measures have been completed.
FERC 7/25/2018 SpreadE_25Jul2018_CT2 Spread E MP143.5
The Compliance Monitor observed containers of hazardous materials on the right-of-
way without any secondary containment at Station No. 7575+00. The Compliance
Monitor observed one 5-gallon oil container, six 3-gallon containers of diesel exhaust
fluid (DEF), and one 2-gallon oil container at Station No. 7575+00. There were no
Environmental Inspectors in the area during the on-site inspection. No sensitive
resource areas were located within 100 feet of hazardous materials containers.
Mountain Valley's Spill Prevention Countermeasure and Control Plan (SPCC), states "all
hazardous materials must be stored in secondary containment.” The Compliance
Monitor reminded the Lead Environmental Inspector and the Environmental
Inspectors about making sure to keep all hazardous containers inside secondary
containment. The Lead Environmental Inspector informed the Compliance Monitor
that the issue would be addressed with the crew.
FERC 7/25/2018 LaydownYard_25Jul2018_CT1 Laydown Yard MP0
The Compliance Monitor observed containers of hazardous materials at laydown yard
MVP-LY-027 without any secondary containment. The Compliance Monitor observed 2
3-gallon gas cans and three diesel exhaust fluid (DEF) containers without secondary
containment and within 100 feet of wetland W-KL57. There were no Environmental
Inspectors in the area during the on-site inspection. Mountain Valley's Spill Prevention
Countermeasure and Control Plan (SPCC), states "all hazardous materials must be
stored in secondary containment.” The Compliance Monitor reminded the Lead
Environmental Inspector and the Environmental Inspectors about keeping all
hazardous containers inside secondary containment. The Lead Environmental
Inspector informed the Compliance Monitor that the issue would be addressed with
the crew.
FERC 7/30/2018 SpreadE_30Jul2018_CT1 Spread E MP138.3
The Compliance Monitor conducted a routine inspection from Station No. 7310+00 to
Station No. 7255+10. The Compliance Monitor observed that the crew installed a
sump at the end of a waterbar but mixed the sump subsoil with the segregated topsoil
stockpile. The subsoil and topsoil mixing was observed at Station No. 7301+10. The
area is an agricultural field in which all topsoil is required to be segregated. The
Compliance Monitor informed the Lead Environmental Inspector that a FERC
noncompliance would be prepared for mixing topsoil and subsoil in an agricultural
field. The Compliance Monitor informed the Lead Environmental Inspector that the
subsoil needs to be removed from the segregated topsoil stockpile as soon as possible.
FERC 8/7/2018 SpreadE_07Aug2018_CT2 Spread E MP128.6
The Compliance Monitor conducted a follow-up inspection at Station No. 6789+50.
The Compliance Monitor observed that a water pump used for dewatering a sump was
left overnight within 30 feet of stream S-VV1 and wetland W-VV2. A previous
Applicant noncompliance report as well as a FERC noncompliance report was written
for this same issue. The water pump is still placed on an angled mat at the top of a
slope. The pump could slide off of the mat and roll downhill into the stream. The
Compliance Monitor informed the Lead Environmental Inspector and the Chief that
another FERC noncompliance report would be prepared. The pump needs to be
removed away from the sensitive area immediately. The Lead Environmental Inspector
informed the Compliance Monitor that the crews will relocate the pump 100 feet
away from the sensitive resources. The Compliance Monitor will conduct a follow-up
inspection to ensure the pump has been moved 100 foot from the sensitive areas
overnight.
FERC 8/13/2018 SpreadE_13Aug2018_CT1 Spread E MP129
The Compliance Monitor conducted a routine inspection at wetland W-N16. During
the inspection the Compliance Monitor observed two areas where silt and sediment
have entered wetland (W-N16) from under the erosion controls. The Compliance
Monitor informed the Lead Environmental Inspector that the silt and sediment needs
to be cleaned out of the wetland immediately. The Compliance Monitor issued a
noncompliance report for violation of FERC Procedures Section VI.B.3 which states
"sediment barriers must be properly maintained throughout construction and
reinstalled as necessary." The Lead Environmental Inspector informed the Compliance
Monitor that the silt and sediment will be cleaned out today and extra erosion
controls installed to prevent this from reoccurring.
FERC 8/28/2018 SpreadA_28Aug2018_RC1 Spread A MP31.9
The Compliance Monitor conducted a routine inspection along the south end of
Spread A. A large tree was found to have been recently cut in an area that was
acquired with variance A-7 on May 18, 2018. Per the variance, there would not be any
tree clearing. The tree that was cut was inside the limits of disturbance and in an area
where the property owner was already paid for damages. This area is not in any of the
sensitive species habitat zones. The mechanical clearing crew will mobilize into the
work area to process the tree. The Lead Environmental Inspector was notified of the
violation.
FERC 8/29/2018 SpreadA_29Aug2018_RC1 Spread A MP1.6
The Compliance Monitor conducted a field inspection for variance A-16. The variance
is an after-the-fact request for changes to the pipeline route that required prior
approval by the FERC. The request is for a change to the centerline of the pipeline and
is not by landowner request. Installation of the pipeline within this route realignment
before the request is approved is a violation of Certificate Condition #5. The Lead
Environmental Inspector was notified of the violation. The Compliance Monitor will
follow-up on this issue after an appropriate level variance is requested and approved.
FERC 9/9/2018 SpreadF_09Sep2018_RD1 Spread F MP171.5
The Compliance Monitor inspected construction activity at parcel WV-SU-046 and WV-
SU-046.01. The majority of this parcel has been mechanically cleared and there is
ground disturbance throughout the area. Under FERC Notice to Proceed (NTP) 23 this
parcel was approved for full construction as long as archaeological site 46SU766 was
avoided. During the inspection, the Compliance Monitor did not observe any safety
fencing, (as required by the West Virginia Division of Culture and History), or signage
indicating the location of 46SU766. The Compliance Monitor asked the Lead
Environmental Inspector if he knew the location of site 46SU766. The Lead
Environmental Inspector did not know where the site was located. Two other
Environmental Inspectors were also on-site with the Compliance Monitor at WV-SU-
046 were also unaware of the location of site 46SU766. The Compliance Monitor
notified the Lead Environmental Inspector that NTP 23 requires that site 46SU766 be
avoided. Since Mountain Valley’s Environmental Inspection team is unaware of the
exact location of the site, all activity in this area must stop immediately until Mountain
Valley can identify the location of site 46SU766, and install safety fencing around the
site. A FERC noncompliance report was issued for the incident.
FERC 10/3/2018 SpreadE_03Oct2018_CT3 Spread E MP132.3
The Compliance Monitor conducted a routine inspection from Station 6984+00 to
Station No. 6995+00 and observed open ditch from Station No. 6987+00 to Station No.
6995+00 without any temporary trench plugs. From Station No. 6987+00 to Station
No. 6995+00, there is a significant slope between 15 percent grade to about 22
percent grade. There are two environmentally sensitive resources at the bottom of the
open trench and stream S-V3 at the base of the slope. An Applicant problem area
report has been previously prepared for not installing temporary trench plugs. The
Compliance Monitor is issuing a FERC noncompliance report for violation of the FERC
Plan Section IV.F.2 which states: "temporary trench plugs are intended to segment a
continuous open trench prior to backfill. Temporary trench plugs may consist of
unexcavated portions of the trench, compacted subsoil, sandbags, or some functional
equivalent. Position temporary trench plugs, as necessary, to reduce trenchline
erosion and minimize the volume and velocity of trench water flow at the base of
slopes." The Compliance Monitor informed the Lead Environmental Inspector and the
Chief that a FERC noncompliance report is being issued. The Lead Environmental
Inspector told the Compliance Monitor that the crew would be notified and the issue
would be placed on the environmental punch list to be addressed.
FERC 10/4/2018 SpreadI_04Oct2018_KB2 Spread I MP290.3
The Compliance Monitor received a phone call from the Lead Environmental Inspector
stating that an Applicant problem area report would be issued for mowing outside of
the limits of disturbance. A FERC noncompliance report was issued because the
clearing occurred outside of the limits of disturbance due to failure to maintain survey
staking. The clearing crew inadvertently mowed an area approximately 8 feet x 20 feet
outside the staked limits. The stakes were either knocked down by livestock or were
missing. FERC's Plan Section IV.A.1 states: "Project-related ground disturbance shall be
limited to the construction right-of-way, extra work space areas, pipe storage yards,
borrow and disposal areas, access roads, and other areas approved in the FERC’s
Orders. Any project-related ground disturbing activities outside these areas will
require prior Director approval."
FERC 10/5/2018 SpreadE_05Oct2018_CT2 Spread E MP128.4
The Compliance Monitor observed containers of hazardous materials on the right-of-
way without any secondary containment at Station No. 6777+00 and at Station No.
7059+80. The Compliance Monitor observed one 5-gallon gas container on top of a 5-
gallon bucket at Station No. 6777+00. The Compliance Monitor also observed one 5-
gallon hydraulic oil container without any secondary containment at Station No.
7059+80. There were no Environmental Inspectors in the area during the on- site
inspection. No sensitive resource areas were located within 100 feet of hazardous
materials containers. A FERC non-compliance report was issued for violation of
Mountain Valley's Spill Prevention Countermeasure and Control Plan which states "all
hazardous materials must be stored in secondary containment." The Compliance
Monitor reminded the Lead Environmental Inspector and the Environmental
Inspectors about making sure to keep all hazardous containers inside secondary
containment. The Lead Environmental Inspector informed the Compliance Monitor
that the issue would be addressed with the crew.
FERC 10/9/2018 SpreadA_09Oct2018_RC2 Spread A MP1.3
The Compliance Monitor conducted a routine inspection of the tie-in crew working on
the road crossing at Shuman Hill Road. The crew worked until well after dark and did
not finish work for the day until 9:30 p.m. Welding finished at about 8:30 p.m. and
then the crew worked to prepare the temporary road crossing until 9:30 p.m. This is a
violation of the FEIS requirement that construction would be limited to daylight hours.
The Compliance Monitor discussed the issue with the Lead Environmental Inspector
who stated that this requirement would be communicated to all construction
personnel again.
FERC 10/26/2018 SpreadI_26Oct2018_KB2 Spread I MP267.6
The Compliance Monitor was conducting a routine inspection of the right-of-way in
the area of Jones Mill Road and observed a tie-in crew working after sunset to
complete a tie-in that was started earlier in the day. The crew was notified numerous
times by the Utility Inspector that they had to be done by sunset or they would be in
violation of variance (MVP-003) approved by the FERC. It was noted that any work
outside daylight hours would require prior approval from the FERC monitor prior to
working outside of these hours. The sunrise and sunset times for the day of the
noncompliance issue were 7:35 a.m. and 6:30 p.m. The crew was observed and photo
taken at 6:50 p.m. and the crew did not stop work and leave the right-of-way until
7:15 p.m. This was after they were notified a FERC noncompliance report would be
issued.
FERC 10/29/2018 SpreadF_29Oct2018_RD1 Spread F MVP-LY-031
The Compliance Monitor inspected the northern end of laydown yard MVP-LY-031.
About one month ago, the Compliance Monitor met with the on-site Environmental
Inspector to discuss topsoil mixing that was occurring here. After this discussion,
Mountain Valley stripped and stacked topsoil from part of this area, but left topsoil in
place under a large pile of skids in an approximately 50-foot x 50- foot area. Today’s
inspection showed that the skids have mostly been removed from this area, but the
topsoil was not stripped and subsoil is now mixing in with the topsoil. In addition,
Mountain Valley has pushed muddy subsoil up onto the topsoil piles in this yard.
Mountain Valley has also laid down more rock in this field without using geo-textile
fabric. Mountain Valley has also not installed signs on the topsoil pile. Mountain Valley
needs to finish stripping topsoil from the 50-foot x 50-foot area, remove subsoil from
the stockpiled topsoil pile, pull up the rock and put down geo-textile fabric, and install
signs to keep the crew from pushing muddy subsoil up onto the topsoil piles. A FERC
noncompliance report was issued for failure to comply with FERC Plan section IV.B.1
which states “prevent the mixing of topsoil with subsoil by stripping topsoil from
either the full work area or from the trench and subsoil storage area” and section
IV.E.2 which states “if crushed stone access pads are used in residential or agricultural
areas, place the stone on synthetic fabric to facilitate removal.”
FERC 11/16/2018 SpreadF_16Nov2018_RD1 Spread F MP179.3
The Compliance Monitor inspected wetland W-OP1- PEM. A skid steer was observed
parked adjacent to the wetland silt fence last night and this morning. Multiple signs
indicating the presence of a resource were clearly installed. This is not in compliance
with Section IV.A.1.d of the FERC Procedures which states that Mountain Valley needs
to ensure all equipment is parked 100 feet away from a wetland overnight.
FERC 11/20/2018 LaydownYard _20Nov2018_TT1 Laydown Yard MVP-LY-017
The Compliance Monitor conducted a routine field inspection of laydown yard MVP-LY-
017 and identified a fuel spill. This is the third time during an inspection that an
unreported fuel spill was found at this yard at the refueling area. The Compliance
Monitor also found two areas where compost filter sock, being used for erosion
control, was torn. In addition, there are two other areas where sediment migrated
beyond the erosion controls and entered a wetland outside the limits of disturbance.
The Compliance Monitor notified the Lead Environmental Inspector that the fuel spill
would be documented as a noncompliance since it was a reoccurring issue at this
yard. The Lead Environmental Inspector will prepare an Applicant problem area report
for the inadequate erosion controls.
FERC 12/10/2018 LaydownYard _10Dec2018_RC1 Laydown Yard MVP-LY-013
The Compliance Monitor conducted a follow-up inspection of an Applicant
noncompliance for spill and containment issues at laydown yard MVP-LY- 013. The
issues have still not been corrected. The improper disposal of hazardous waste in the
trash dumpster has not been corrected. The oil jugs are still in the dumpster and the
spills on the ground have not been cleaned up. The Lead Environmental Inspector was
notified of this violation and of the need to resolve these issues in a timely manner.
FERC 8/9/2019 SpreadE_09Aug2019_CT Spread E MP 147.2
The Compliance Monitor conducted an inspection from Station No. 7770+00+50 to
Station No. 7772+10. The Compliance Monitor observed that environmental crews
cleared shrubs and smaller diameter trees in wetlands W-L19 and W-13, and within
the stream vegetation buffer and stream banks of S-L22. The crew cleared a 4-foot
wide path for 200 feet through wetlands W-L19 and W- 13, and stream S-L22 at the
centerline for a visual path for a possible bore of these resources. Mountain Valley has
not submitted a variance request for a bore of these resources. There is currently a
stay on work in wetlands and waterbodies by the U.S. Army Corps of Engineers. The
Lead Environmental Inspector informed the Compliance Monitor that Mountain Valley
will notify the U.S. Army Corps of Engineers about the incident. Prior to this incident,
on July 30th, 2019, the Compliance Monitor spoke with the Lead Environmental
Inspector and the Spread E Project Manager, who at the time inquired about whether
they could clear shrubs and trees in a wetland and stream to mark out survey staking
to create a visual path for survey. At the time of that conversation, the Compliance
Monitor explained that due to the suspension of the U.S. Army Corps of Engineers
permits, clearing work and construction within the wetlands and streams was not
permitted. The Compliance Monitor notified the Lead Environmental Inspector that a
FERC noncompliance report would be issued for clearing and working in wetlands W-
L19 and W-13, and stream S-L22 without the proper U.S. Army Corps of Engineers
permits. The Lead Environmental Inspector informed the Compliance Monitor that he
will address this issue up in tomorrow's contractor’s morning meeting.
FERC 8/15/2019 SpreadE_15Aug2019_CT1 Spread E MP 144.1
The Compliance Monitor conducted an inspection from Station No. 7609+60+50 to
Station No. 7611+50. During the inspection the Compliance Monitor observed that
environmental crews cleared shrubs and wetland vegetation at wetland W-QR2. The
crew cleared a 4 foot wide path for 60 feet through wetland W-QR2 at the centerline
for a visual path for a possible conventional bore of these resources and for bending
engineers to see the topography. There is currently a stay on work in wetlands and
waterbodies by the U.S. Army Corps of Engineers. The Lead Environmental Inspector
informed the Compliance Monitor that Mountain Valley will notify the U.S. Army
Corps of Engineers about the incident. The Compliance Monitor notified the Lead
Environmental Inspector and the Spread E Project Manager on July 30, 2019 and
August 9, 2019 that clearing shrubs and trees in a wetland and stream to mark out
survey staking and create a visual path for survey could not be conducted due to the
vacatur/suspension of the U.S. Army Corps of Engineers permits. The Compliance
Monitor notified the Lead Environmental Inspector that a FERC noncompliance report
would be issued for clearing and working in wetland W-QR2 without the proper U.S.
Army Corps of Engineers permit. The Lead Environmental Inspector will discuss this
issue in tomorrow's contractor morning meeting.