20181638 Ver 1_Appx P Unanticipated Discoveries_20181130

M Mountain Valley Joint Permit Application
PIPELINEJu USACE — Wilmington District and NCDEQ
SAW -2018-008887
MVP Southgate Project
Standard Joint Permit Application
U.S. Army Corps of Engineers —
Wilmington District (SAW -2018-00887)
North Carolina Department of
Environmental Quality,
Division of Water Resources
Appendix P
Unanticipated Cultural Resources Discoveries Plan
November 2018

r9 Mountain Vall
Ir PIP
ELINe c
Appendix 4-C
Plan for Unanticipated Discoveries of
Historic Properties and Human Remains
MVP Southgate Project
FERC Docket No. CP19-XX-000
November 2018

TABLE OF CONTENTS
1.0 INTRODUCTION........................................................................................................................... 1
2.0 GUIDELINES, REGULATIONS, AND LEGISLATION FOR UNANTICIPATED
DISCOVERIES OF CULTURAL RESOURCES AND HUMAN REMAINS .............................. 1
2.1 Federal................................................................................................................................1
2.2 Virginia...............................................................................................................................1
2.3 North Carolina.................................................................................................................... 1
3.0 CONSULTATION WITH SHPOS AND NATIVE AMERICAN TRIBES ................................... 2
4.0 UNANTICIPATED DISCOVERY PROTOCOL........................................................................... 2
4.1 Cultural Resources Training............................................................................................... 2
4.2 Notification and Assessment Procedures (Not Involving Human Remains or
FuneraryObjects)............................................................................................................... 2
4.3 Notification and Treatment Procedures (Human Remains or Funerary Objects) ............... 4
5.0 CONTACTS.................................................................................................................................... 6
November 2018

1.0 INTRODUCTION
Mountain Valley Pipeline, LLC ("Mountain Valley") is seeking a Certificate of Public Convenience and
Necessity from the Federal Energy Regulatory Commission ("FERC" or "Commission") pursuant to
Section 7(c) of the Natural Gas Act to construct and operate the MVP Southgate Project ("Southgate
Project" or "Project"). The Southgate Project facilities will be located in Pittsylvania County, Virginia and
Rockingham and Alamance counties, North Carolina.
Mountain Valley recognizes that, despite the extensive archaeological field investigations that are
conducted prior to Project construction, it is possible that potentially significant cultural resources could be
discovered during construction, especially during excavation activities. The Southgate Project recognizes
its role to protect and preserve cultural resources that may be found during construction in accordance with
federal and state regulations. Cultural resources in this context are defined as archaeological sites, objects,
and features and include human remains and associated or unassociated funerary objects.
This Plan for Unanticipated Discoveries of Historic Properties and Human Remains ("Plan") was
developed on behalf of the Southgate Project and in consultation with the Virginia Department of Historic
Resources ("VDHR") and the North Carolina Historic Preservation Office ("NC HPO"), which represent
the State Historic Preservation Officers ("SHPOs") in Virginia and North Carolina, respectively. This Plan
summarizes the approach the Project will follow to address the discovery of archaeological finds or human
remains during construction activities within the Project's Area of Potential Effects ("APE").
2.0 GUIDELINES, REGULATIONS, AND LEGISLATION FOR UNANTICIPATED
DISCOVERIES OF CULTURAL RESOURCES AND HUMAN REMAINS
The stipulations of the Plan as set forth below are in accordance with the current guidelines detailed in the
following federal and state guidelines, regulations, and legislation:
2.1 Federal
• Section 106 of the National Historic Preservation Act (` NHPA'), as amended (54 United States
Code ("USC") 306101 et seq.)
• Secretary of the Interior's Standards for Archeology and Historic Preservation (48 FR 44716-42)
• Advisory Council for Historic Preservation's ("ACHP's"): Policy Statement Regarding
Treatment of Burial Sites, Human Remains, and Funerary Objects (ACHP February 23, 2007)
• Federal Energy Regulatory Commission's ("FERC") Office of Pipeline Regulations Guidelines
for Reporting on Cultural Resources Investigations for Natural Gas Projects (FERC 2017);
2.2 Virginia
• VDHR's Guidelines for Conducting Historic Resources Survey in Virginia (2017)
• Virginia Antiquities Act, (§ 10.1-2305 Code of Virginia), "Permit required for the archaeological
excavation of human remains;"
2.3 North Carolina
• North Carolina Office of State Archaeology's ("OSA's") Archaeological Investigations
Standards and Guidelines (OSA December 2017)
November 2018

• North Carolina General Statute 70-3, The Unmarked Human Burial and Skeletal Remains
Protection Act.
3.0 CONSULTATION WITH SHPOS AND NATIVE AMERICAN TRIBES
The Southgate Project initiated consultation with VDHR and NC HPO on April 27, 2018. The Project is
also contacting federally -recognized Native American Tribes to solicit their concerns and input regarding
potential Project effects to historic properties, tribal resources, and human remains. Contact information for
the VDHR, NC HPO, and the tribes is included in Section 5.0 of this Plan. In the event that cultural
resources and/or human remains are encountered during construction, the Project will notify the VDHR or
NC HPO (as applicable), those tribes that have asked to be consulted in the event of a discovery ("Interested
Tribes"), any other consulting parties for the Project (potentially including non -federally recognized tribes
or other organizations), and/or law enforcement, as outlined below.
4.0 UNANTICIPATED DISCOVERY PROTOCOL
4.1 Cultural Resources Training
The Southgate Project requires that its employees and contractors have a basic understanding of the nature
of cultural resources, and all Project inspectors and construction contractor personnel will be given basic
training in cultural resource site recognition prior to beginning work on the Project.
The cultural resource training will review the Project's commitments regarding cultural resources
compliance and provide examples of the types of archaeological resources that may be encountered during
construction. In addition, the training program will emphasize the exact procedures to be followed, as
outlined in this Plan, regarding actions to be taken and notifications required in the event of a significant
site discovery or a discovery of human remains during construction.
The training will ensure that Southgate Project personnel and construction contractors understand the extent
of the archaeological survey program that has been performed for the Project and are fully aware of the
distinction between sites that have been located and "cleared" under the cultural resource program (i.e.,
sites that have determined to be non-significant after different levels of investigation or have already
undergone data recovery excavations) and new discoveries that may be made during the construction
process.
4.2 Notification and Assessment Procedures (Not Involving Human Remains or
Funerary Objects)
The following steps will to be followed in the event an unanticipated discovery (not involving human
remains or funerary objects) is made during Southgate Project construction:
The Contractor will immediately notify the Lead Environmental Inspector ("EI") (or Chief
Inspector, if the Lead EI is not immediately available) of an unanticipated discovery.
2 The Lead EI or Chief Inspector will direct a Stop Task Order to the Contractor's Site Foreman
to ensure that the activity within 100 feet of the unanticipated discovery ceases and will instruct
the Contractor to flag or fence off the discovery location and take any necessary measures to
ensure site security. Any unanticipated discovery made on a weekend or overnight hours will
be protected with security fencing until all appropriate parties are notified of the discovery. The
2 November 2018

Contractor will not restart work in the area of the find until the Chief Inspector has agreed in
writing that work can resume.
3 The Lead EI will inform the Project Archaeologist ("PA") of the discovery. If the PA
determines that the location is not an archaeological site, or determines that the find is a
previously known and cleared archaeological resource and that the find would not alter the
current understanding of the resource, the PA will report that documentation to the Lead EI.
The Lead EI will document that determination and notify the Chief Inspector to resume work.
4 If the PA determines that the find is not a previously known and cleared resource, or potentially
represents information that would alter the current understanding of a previously known and
cleared archaeological resource, she/he will notify the Project. Within 24 hours of notification,
the PA will conduct a preliminary field assessment of the discovery to determine if it is
potentially a significant archaeological site.
5 If based on that inspection the PA determines that the discovery is an isolated find or otherwise
not a potentially significant archaeological site, the PA will report that determination to the EI.
The Lead EI will document that determination and notify the Chief Inspector to resume work.
6 If the PA determines that the find is a newly identified archaeological site, or represents
information that would alter the current understanding of a previously known and cleared
archaeological resource, the PA will inform the Southgate Project, the Lead EI, and the Chief
Inspector of that determination.
a. Within 24 hours of that determination, the Project will notify the FERC, the relevant
SHPO, and the Interested Tribes of the determination. Work within the flagged or
fenced off discovery location will not resume until authorized by the FERC.
b. Following consultation with the relevant SHPO, the FERC, and Interested Tribes, the
PA will evaluate the discovery and assess its horizontal and vertical extent, cultural
association(s), and integrity.
c. The PA will inform the Project, the Lead El, the Chief Inspector, the FERC, the
relevant SHPO, and the Interested Tribes of the findings and recommendations. If the
FERC, in consultation with the SHPO and Interested Tribes, determines that the find
is not eligible for the NRNP, the Chief Inspector will grant clearance for construction
to resume. If the FERC determines that the find is eligible for the NRNP, the Project
will authorize the PA or their designee to develop an archaeological treatment plan that
will be submitted to the FERC, the relevant SHPO, and Interested Tribes (if
appropriate) for review and comment.
d. Upon authorization by the FERC, the Project will implement the treatment plan.
e. At the conclusion of archaeological fieldwork, a meeting or site visit may be held with
the FERC, the Project, the relevant SHPO, and the Interested Tribes to review the
results of the work accomplished.
3 November 2018

f. Upon receiving written acceptance of the results of the implemented treatment from
the FERC, the Lead EI and Chief Inspector will grant clearance to the construction
team to resume work.
4.3 Notification and Treatment Procedures (Human Remains or Funerary Objects)
The Southgate Project will treat any human remains encountered during the Project in a manner guided by
the ACHP's Policy Statement Regarding Treatment ofBurial Sites, Human Remains, and Funerary Objects
(2007) and by the relevant state laws and guidelines. In particular, human remains must be treated with the
utmost dignity and respect at all times. Human remains and/or associated artifacts (including grave markers,
coffin hardware, or funerary objects) will be left in place and not disturbed, and no unnecessary photographs
will be taken. No skeletal remains or materials associated with the remains will be collected or removed
until appropriate consultation has taken place and a plan of action has been developed. All personnel
involved with the discovery will maintain confidentiality concerning the remains, and any press contacts
will be referred to appropriate Project or agency personnel.
The following measures will be taken in the event an unanticipated discovery of potential or confirmed
human remains or funerary objects is made during Project construction.
The Contractor will immediately notify the Lead EI (or Chief Inspector, if the Lead EI is not
immediately available) of the discovery.
2 The Lead EI or Chief Inspector will direct a Stop Task Order to the Contractor's Site Foreman
to ensure that work within 100 feet of the discovery ceases. The Lead EI or Chief Inspector
will instruct the Contractor to flag or fence off the discovery location and take any necessary
measures to ensure site security. Work will not resume in the area of the find until the Chief
Inspector grants clearance to recommence work (see below).
3 All human remains and/or funerary items will be left in place and treated with dignity and
respect. All efforts will be made to exclude the general public from viewing any gravesites
and/or funerary objects.
4 The Lead EI will contact the Project and the PA on the day of the discovery, and the PA will
examine the discovery within 24 hours of notification. If the PA determines that the finds are
human remains or funerary items, the PA will immediately notify the Project.
For finds in Virginia, the Project will immediately notify the FERC, the landowner, and the
VDHR of the find, as well as the Virginia State Police.
For finds in North Carolina, the Project will immediately notify the FERC, the landowner, the
County Medical Examiner, and the North Carolina State Archaeologist, who shall conduct
further notifications per North Carolina General Statute 70-3, The Unmarked Human Burial
and Skeletal Remains Protection Act.
If, upon inspection by the appropriate legal authorities, the remains are determined to be a
criminal matter and not archaeological, the Project will await clearance by the appropriate legal
authorities before resuming construction.
6 If the find is determined not to be a criminal matter, the Southgate Project will comprehensively
evaluate the potential to avoid and/or minimize the Project's effects to the human remains.
4 November 2018

a. If human remains are determined to be Native American, the remains will be left in
place and protected from further disturbance with security fencing and if necessary, a
security guard until a site-specific work plan for their avoidance or, if necessary, their
removal can be generated. Note that avoidance is the preferred choice of the SHPOs
and Tribes. The Project will contact FERC, the appropriate SHPO, and the Interested
Tribes to develop a plan of action.
b. If human remains are determined to be non -Native American, the remains will be left
in place and protected from further disturbance with security fencing and if necessary,
a security guard until a site-specific work plan for their avoidance or removal can be
generated. Please note that avoidance is the preferred choice of the SHPOs.
Consultation with the SHPO and other appropriate parties, in accordance with Virginia
or North Carolina state law, will be required to determine a treatment plan.
c. In Virginia, if human skeletal remains must be removed, the Project will obtain a
Permit for Archaeological Removal of Human Burials from the VDHR and
consultation will be conducted with Interested Tribes, and lineal descendants, as
appropriate. In North Carolina, any removal of human remains would be done in
accordance with The Unmarked Human Burial and Skeletal Remains Protection Act
and other relevant state statutes, and through consultation with the NC HPO, Interested
Tribes, and lineal descendants, as appropriate.
d. The Project will be responsible for all costs associated with the discovery, evaluation
and agency consultation, excavation, investigation and study, disinterment,
repatriation, re -interment, reporting, and curation of any human remains and associated
funerary items encountered during Project construction.
Project construction may resume within the flagged or fenced off discovery location
only after successful implementation of the treatment plan and after the Project
receives written approval by the FERC, the relevant SHPO, and the Interested Tribes.
5 November 2018

5.0 CONTACTS
FEDERAL AGENCY CONTACTS
Federal Energy Regulatory Commission
Paul Friedman
Office of Energy Projects
888 First Street, NE
Washington, D.C. 20426
Tel: [phone]
Email: [e-mail]
STATE HISTORIC PRESERVATION OFFICE CONTACTS
Virginia
Virginia Department of Historic Resources
Roger W. Kirchen, Director
Division of Review and Compliance
2801 Kensington Avenue
Richmond, VA 23221
Tel: [phone]
Email: [e-mail]
North Carolina
North Carolina Historic Preservation Office
North Carolina Office of State Archaeology
Ms. Renee Gledhill -Earley
Mr. John Mintz
Environmental Review Coordinator
North Carolina State Archaeologist
109 E. Jones Street
Office of State Archaeology
Raleigh, NC 27601
109 E. Jones Street
Tel: [phone]
Raleigh, NC 27601
Email: [e-mail]
Tel: [phone]
Email: [e-mail]
TRIBAL CONTACTS
Catawba Indian Nation
Cheyenne River Sioux Tribe
Dr. Wenonah G. Haire
Mr. Steve Vance
THPO and Director,
Tribal Historic Preservation Officer
Catawba Cultural Preservation Project
PO Box 590
1536 Tom Steven Road
Eagle Butte, SD 57625
Rock Hill, SC 29730
Tel: [phone]
Tel: [phone]
Email: [e-mail]
Email: [e-mail]
Chickahominy Tribe
Chickahominy Tribe, Eastern Division
The Honorable Stephen Adkins, Chief
The Honorable Gene Pathkiller Adkins, Chief
8200 Lott Cary Road
Chickahominy Tribe, Eastern Division
Providence Forge, VA 23140
2895 Mt. Pleasant Road
Tel: [phone]
Providence Forge, VA 23140
Email: [e-mail]
Tel: [phone]
Email: [e-mail]
November 2018

The Delaware Nation
Delaware Tribe of Indians
Ms. Kim Penrod
Dr. Brice Obermeyer
Director of Cultural Resources
Historic Preservation Director
The Delaware Nation
Delaware Tribe of Indians
P.O. Box 825
Roosevelt Hall, Rm 212
Andarko, OK 73005
1200 Commercial Street
Tel: [phone], x. 1403
Emporia, KS 66801
Email: [e-mail]
Tel: [phone]
Email: [e-mail]
Eastern Band of Cherokee Indians
Eastern Shawnee Tribe of Oklahoma
Mr. Russell Townsend
Mr. Brett Barnes
THPO
Tribal Historic Preservation Officer
2877 Governors Island Road
12705 East 705 Road
Bryson City, NC 28713
Wyandotte, OK 74370
Tel: [phone]
Tel: [phone], x 1845
Email: [e-mail]
Email: [e-mail]
Monacan Indian Nation
Muscogee (Creek) Nation
The Honorable Dean Branham, Chief
Ms. RaeLynn Butler
P.O. Box 1136
Manager, Historic and Cultural Preservation
Madison Heights, VA 24572
P.O. Box 580
Tel: [phone]
Okmulgee, OK 74447
Email: [e-mail]
Tel: [phone]
Email: [e-mail]
Nansemond Indian Tribal Association
Pawmunkey Indian Tribe
The Honorable Barry Bass, Chief
The Honorable Robert Gray, Chief
Nansemond Indian Tribal Association
Pawmunkey Indian Tribe
1001 Pembroke Land
1054 Pocahontas Trail
Suffolk, VA 23434
King William, VA 23086
Tel: [phone]
Email: [e-mail]
Rappahannock Tribe
Rosebud Sioux Tribe of Indians
The Honorable Anne Richardson, Chief
Mr. Ben Rhodd
5036 Indian Neck Road
Tribal Historic Preservation Officer
Indian Neck, VA 23148
Rosebud Sioux Tribe of Indians
Tel: [phone]
Rosebud, SD 57570
Email: [e-mail]
Tel: [phone]
Email: [e-mail]
Tuscarora Nation
Upper Mattaponi Tribe
The Honorable Bryan Printup, Representative
The Honorable Kenneth Adams, Chief
5226 Walmore Road
P.O. Box 184
Lewiston, NY 14092
King William, VA 23086
Tel: [phone]
Tel: [phone]
Email: [e-mail]
November 2018

LAW ENFORCEMENT CONTACTS
Virginia
Virginia State Police
Area 43 Office (County of Pittsylvania)
19255 U. S. Route 29
Chatham, VA 24531
Tel: [phone]
North Carolina
North Carolina Office of the Chief Medical Examiner
(Rockingham and Alamance Counties)
4312 District Drive
Raleigh, NC 27607
Tel: [phone]
November 2018

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Data Sources: ESRI, FEMA, TRC, EQT
When Printed 8.5x11
Pr- i
M Mountain Valley
PI VELINE
Appendix C
Sheet 13 of 14
FEMA Flood Zones Crossed by
the MVP Southgate Project
600 Willowbrook Ln
AFN TRC West Chester, PA 19382

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State Boundary
1%Annual Chance Flood HazardRegulatory
M Mountain Valley
. Virginia
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County Boundary
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PIPELINEy-
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Proposed
o Mileposts
Appendix C
cD Compressor Station
Sheet 14 of 14
FEMA Flood Zones Crossed by
Norm
Contract Yard
Carolina
O Meter Station
the MVP Southgate Project
Willowbrook Ln
r TRC
south
Carolina
Valve Site 1 inch = 0.76 miles
Data Sources: ESRI, FEMA, TRC, EQT When Printed 8.5x11
We
� 11`�„y/,,, West Chester, PA 19382