Updates

July 3 - 16, 2018 - MVP authorized to resume work  in specific areas

Areas of the MVP are being evaluated to ensure proper soil erosion and sediment controls are implemented and maintained. A number of sites have been reauthorized to return to work. DEQ inspectors will continue to be on site to monitor and review pipeline construction throughout the project. View the detailed list.

July 9, 2018 - DEQ issues Notice of Violation to MVP

DEQ has issued a Notice of Violation for alleged violations for failing to take corrective actions within required timeframes, failure to install (and improperly installed) best management practices, the release of sediment from construction off the right-of-way, and for sediment deposited in surface waters. View the news release.

June 29, 2018 - MVP suspends pipeline work in Virginia

Based on issues identified during inspections, MVP has agreed to temporarily suspend pipeline installation in Virginia. To ensure proper soil erosion and sediment controls are implemented, MVP will direct crews to enhance and restore controls along the pipeline route. All related construction activities within the project's right of way (a 125-foot wide construction corridor) will resume only after MVP receives approval by DEQ.

June 15, 2018 - Nationwide Permit 12 comment period closes

With respect to the public comment period associated with the U.S. Army Corps of Engineers' Nationwide Permit 12 (NWP 12), the purpose of the comment period was to provide, as directed by the State Water Control Board (board), a 30-day written comment opportunity for the submittal of crossing-specific technical information to DEQ on the sufficiency of the Corps NWP 12 permit's general and regional conditions, the Corps NWP 12 permit authorization for Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP), and the Commonwealth's § 401 water quality certification of NWP 12 for specific stream crossings of both the MVP and ACP projects. The comment period originally ran from April 30, 2018 to May 30, 2018. The closing date of the comment period was extended to June 15, 2018, because of the website outage. Over 13,000 comments were received during the comment period.

June 2, 2018 - Website restored

DEQ recognizes the importance of its website and understands that the public relies on the website for information and for the conduct of business with the department. The site was taken down for a security review because the Virginia Information Technologies Agency (VITA) detected a malicious party in the system and directed that the site be taken down for security review. The party was blocked from making changes to the web. The website was rebuilt and restored to service as quickly as possible and DEQ is continuing to work with VITA to bring a few applications back to full operational status.

State Water Control Board to meet August 21, 2018

The board meeting is scheduled for August 21, 2018, at which time presentation of the summary to the board will be one of the items on the board's agenda. What action, if any, is taken at the August 21, 2018, board meeting after the summary is presented is a decision of the board. At this time, there is no planned action. The board may consider further actions, consistent with its regulatory authority, at its discretion without additional public comment on whether further action is warranted.

Actions taken by the board such as issuing permits and certifications go through an administrative process and, consistent with the Commonwealth’s Administrative Process Act, applicable laws and the board's regulations, administrative processes are necessary before those actions can be modified or terminated. There are also processes necessary prior to the taking of administrative enforcement action in response to notices of violations issued by DEQ.

As part of the board's action, after the comment period closes, DEQ is to evaluate the comments and submit a summary of comments to the board, make the summary available to the public on DEQ’s website, and make the full text of the comments available to the board.

DEQ takes its responsibilities seriously and intends to perform its duties as directed by the board and take the time necessary to evaluate all 13,000 comments and summarize the relevant comments for the board, to do otherwise would do a disservice to those who took the time to submit the information.

April 12, 2018 - State Water Control Board Meeting

At the State Water Control Board (board) meeting on April 12, 2018, the board received information from DEQ and comments from several members of the public regarding the Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP) projects. The board had extensive discussions on several areas and the following information provides additional details on those discussions.

Report to the Board: Mountain Valley Pipeline, LLC 401 Water Quality Certification No. 17-001 - Supplemental Karst Evaluation Plan, Annual Standards and Specifications, and Erosion and Sediment Control and Stormwater Management Plans

On March 26, 2018, the department submitted a report to the board on the Supplemental Karst Evaluation Plan, Annual Standards and Specifications, and Erosion and Sediment Control and Stormwater Management Plans. Submittal of this report was not required as part of the board's action when it approved the 401 Water Quality Certification No. 17-001 for MVP but was prepared by DEQ in order to be consistent with what the board required when it issued the 401 Certification for the ACP project. 

At the April 12, 2018 meeting, DEQ followed-up on this report by providing a detailed technical presentation on the approved erosion and sediment control and stormwater management plans.

Report to the Board: Atlantic Coast Pipeline 401 Water Quality Certification No. 17-002 - Supplemental Karst Evaluation Plan, Annual Standards and Specifications, and Erosion and Sediment Control and Stormwater Management Plans

There are approvals still pending for ACP; therefore, there is no report.

December 7, 2017 - Board Action on Mountain Valley Pipeline 401 Water Quality Certification No. 17-001

On December 7, 2017, the board approved issuance of a Section 401 water quality certification for upland activities for the proposed MVP. As part of the discussion of the December 12, 2017 action on ACP, the board indicated that no action is being considered to revisit the December 2017 actions on MVP and no comment on such an action is being sought or considered. 

December 12, 2017 - Board Action on Atlantic Coast Pipeline 401 Water Quality Certification No. 17-002

On December 12, 2017, the board approved issuance of a Section 401 water quality certification for upland activities for the proposed ACP. The certification included a delayed effective date based on submission and approval of specific information. After the meeting, the process for the report to the board was documented and made available to the public on DEQ's website at Protection Requirements for Pipelines.

At the April 12, 2018 meeting, board members discussed the process for the report and no action was taken to revise the interpretation. In addition, in later discussions the board indicated that no action is being considered to revisit the December 2017 actions on ACP, and no comment on such an action is being sought or considered.

Nationwide Permit 12 - Activities in Wetlands and Streams for both MVP and ACP

The U.S. Army Corps of Engineers (Corps) Nationwide Permit (NWP) 12 authorizes discharges of dredged or fill material into wetlands and streams during the construction of pipelines. 

On April 7, 2017, DEQ, acting in accordance with the State Water Control Board's (board) regulations, certified NWP 12 and determined that there is a reasonable assurance that the activities permitted under the Corps’ NWP program, including the Norfolk District Regional Conditions, will be conducted in a manner which will not violate applicable water quality standards.

The Corps granted coverage under NWP 12 to MVP on December 26, 2017, and to ACP on February 9, 2018.

At the April 12 meeting, some board members brought up for discussion whether NWP 12 is sufficiently protective of the Commonwealth's aquatic resources. DEQ advised the board that the protections established in NWP 12 were the same as those that would have been established in an individual VWP permit. During the discussions, the members raised no specific areas of concern and provided no technical information that NWP 12 was insufficient. The board also discussed possible processes and effects of any actions, if deemed appropriate under the board's regulations, to revisit certification of NWP 12 as it relates to MVP and ACP. The board took no action to revisit certification of NWP 12 as it relates to MVP and ACP. 

The board decided to provide a 30-day written public comment opportunity. The sole purpose of the comment period is for interested persons to submit crossing-specific technical information to DEQ on the sufficiency of the Corps NWP 12 permit's general and regional conditions, the Corps NWP 12 permit authorization for MVP and ACP, and the Commonwealth's § 401 water quality certification of NWP 12 for specific stream crossings of both the MVP and ACP projects. 

After the comment period closes, DEQ will evaluate the comments and submit a summary of the relevant comments to the board. The summary will concurrently be made available to the public by posting the report on DEQ’s website. DEQ will also make the full text of the comments available to the board. No further action by the board is required. After review of the summary, the board may consider further actions, consistent with its regulatory authority, at its discretion without additional public comment on whether further action is warranted.

Future Update Reports to the Board

At the April 12, 2018 meeting the board heard concerns and requests on various aspects of the pipeline projects from several citizens. In response, the board requested that DEQ report to the board on several items discussed at the meeting. Among the items to be addressed are how DEQ will coordinate activities and complaints with FERC and the Corps; how DEQ will address citizen issues; how variances are processed; what variances have been approved; modifications to the blasting plan; guidance for stop work orders; and how complaints will be addressed. The report will be a compilation of factual information from DEQ; and, as such will not be the subject of public comment.

April 27, 2018 - NWP 12 Public Comment

The sole purpose of the written public comment period is for interested persons to submit technical comments and/or information for the MVP and ACP projects relevant to: 
  • the sufficiency of the Corps NWP 12 permit's general and regional conditions, as they relate to specific, wetland or stream crossing(s); 
  • the sufficiency of the Corps NWP 12 permit authorization for each project, as related to specific, wetland or stream crossing(s); and/or
  • the sufficiency of the Commonwealth's § 401 water quality certification of NWP 12, as related to specific, wetland or stream crossing(s).

Instructions

  1. All written comments submitted must include the name(s), mailing address(es) and telephone number(s) of the person(s) commenting.
  2. All written comments submitted must be to a specific wetland or stream crossing. Comments should reference exact wetlands and streams crossings by the identifiers found at the following links:

  3. Written comments may be submitted via hand-delivery to DEQ, 1111 East Main Street, Richmond, VA 23219; via postal mail to DEQ, P.O. Box 1105, Richmond, VA 23218; or via e-mail at the following email address(es) ONLY – emails and attachments sent to other email addresses or internet sites will not be considered:

  4. After the comment period closes, DEQ will evaluate the comments; will submit to the board a summary of the relevant comments received; will concurrently provide the summary to the public by posting it; and will make the full text of the comments available to the board.
  5. The board may consider, but is not required to consider, further actions that are consistent with its regulatory authority, without additional public comment on whether further action is warranted.

Written comments must be received between April 30, 2018 and 11:59 pm on June 15, 2018. 

For assistance with the instructions in this notice or issues with the DEQ web page(s), please contact the Office of Public Information & Outreach at deqpublicinfo@deq.virginia.gov or 804-698-4000

 

footer divider
footer divider
footer divider
Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


Some resources on this website require Adobe Reader and Flash Player, Microsoft Word, PowerPoint or Excel. If you wish to receive this content in an accessible format pursuant to Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)), please call 800-592-5482. In addition, this website includes hyperlinks to websites neither controlled nor sponsored by DEQ or the Commonwealth of Virginia. Links may open in a new window. If you wish to receive content from a website which is neither controlled nor sponsored by DEQ or the Commonwealth, please contact the host of that website directly.

Privacy Statement | Terms Of Use | WAI Compliance | Contact Us