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Regulatory activities related to the Atlantic Coast and Mountain Valley pipelines in Virginia.

List administrator(s): Ann Regn, Irina Calos

DEQ Issues Notice of Violation to Mountain Valley Pipeline

RELEASED July 10, 2018

Contact: Greg Bilyeu
(804) 698-4107

Ann Regn
(804) 698-4442

DEQ Takes Enforcement Action Against Mountain Valley Pipeline

RICHMOND, VA. - The Virginia Department of Environmental Quality (DEQ) has issued a Notice of Violation (NOV) to Mountain Valley Pipeline, LLC (MVP) for alleged violations of the Virginia Stormwater Management Act and Regulations, the Virginia Erosion and Sediment Control Law and Regulations, the Virginia Water Protection Permit Program and Regulations, and Clean Water Act Section 401 Water Quality Certification No. 17-001 at locations where land disturbing activity is occurring along the MVP pipeline project.

The alleged violations include failure to take corrective actions within required timeframes, failure to install (and improperly installed) best management practices in accordance with approved erosion and sediment control plans, release of sediment off the right-of-way, and sediment deposited in surface waters. These issues are located in Craig, Franklin, Giles, Montgomery, Pittsylvania and/or Roanoke counties.

The issuance of an NOV is the first step toward generating enforcement action by DEQ.
The NOV requires MVP representatives to contact DEQ within 10 days to discuss how to remedy the situation and how they will prevent future violations. Enforcement actions are frequently resolved with payment of civil charges and required actions to correct the violations.

"The Notice of Violation process is standard procedure for DEQ to formally and publicly announce violations and determine a path forward for resolution," said DEQ Director David Paylor. "The specific results of the NOV will be developed over the coming weeks and once finalized, shared with the public. We are concerned about these alleged violations and we are holding MVP accountable. We expect MVP to abide by the highest environmental standards, and we plan to resolve these issues fully in order to protect Virginia's water quality."

This NOV does not constitute a stop work order. While the NOV is not directly associated with the ongoing MVP suspension of work, some of the inspection results cited in the NOV did contribute to the voluntary work suspension first announced on July 29. Some areas of concern listed in the NOV have since been corrected through these ongoing enhancements.

DEQ is continuing inspections of the MVP project and releasing segments to resume work once they reestablish erosion and sediment control measures in accordance with all requirements.

The full NOV is available at or at

From: Ann Regn

Sent: July 11, 2018 at 10:35 am

SWCB Updates

General information about the upcoming State Water Control Board (SWCB) meeting on August 21, 2018 has been posted on DEQ's pipeline updates page:
Meeting details are not yet available.

From: Ann Regn

Sent: June 25, 2018 at 3:41 pm

DEQ Approves Erosion and Sediment, Stormwater, and Karst Plans for MVP to Protect Water Quality

On March 26, 2018 DEQ approved the plans for Mountain Valley Pipeline's Erosion and Sediment Control, Stormwater Management, and Karst Protection Plans. These detailed plans specify the engineering designs required to protect water quality in all areas of the project, including karst terrain, during and after construction of the pipeline project. In response to public interest, DEQ has sent a report to the State Water Control Board detailing the approval and the requirements. A copy of the report is available at:

Over the last nine months, approximately 100 revised plans have been reviewed. DEQ began its plan review in March 2016, which continued with a more thorough review beginning in June 2017 with EEE, an independent consulting firm. No changes to the plans may be made without obtaining prior approval from DEQ. The basis for the design specifications for the plans are contained in Virginia's erosion and sediment control and stormwater management regulations. The original and revised plans can be viewed on MVP's website,, under the tab "VA DEQ Documents."
Citizens can direct questions and pollution complaints to

For more information, including the report to the Board, visit

From: Jennifer Underwood

Sent: March 28, 2018 at 3:54 pm

DEQ Takes Enforcement Action Against Atlantic Coast Pipeline, LLC

March 9, 2018

Contact: Ann Regn
(804) 698-4442

RICHMOND, VA. - The Virginia Department of Environmental Quality (DEQ) issued a Notice of Violation (NOV) to Atlantic Coast Pipeline, LLC (ACP) on March 16, 2018, for failing to maintain adequate limits of disturbance during tree felling operations in violation of Virginia's State Water Control Law. These limits forbid work within buffer zones to protect stream and wetland crossings during pipeline development, and are instrumental to the protection of Virginia's environment and natural resources.

The NOV identifies violations on 15 separate sites resulting in an estimated 0.84 acres in impact to wetlands and streams.

"DEQ is watching pipeline activities closely and expects full compliance with all conditions," said David K. Paylor, Director. "We will not hesitate to initiate enforcement actions like this to make sure the project complies with good environmental standards."

The NOV requires ACP representatives to contact DEQ within 10 days to discuss how to remedy the situation and explain how they will prevent future violations.

While limited tree felling is allowed, the activity cannot impact riparian areas. Furthermore, land disturbance cannot begin until all of the erosion and sediment and stormwater control plans required for all sections of the project are approved by DEQ. "The agency's review of the project has been the most thorough in the history of the Commonwealth, and the enforcement will be as rigorous," said Director Paylor.

The issuance of an NOV is the first step in triggering enforcement action by DEQ. Enforcement actions are frequently resolved with payment of a civil charge and required action to correct the violation. A copy of the NOV can be obtained on DEQ's webpage

The 600-mile underground Atlantic Coast Pipeline originates in West Virginia and travels through Virginia and North Carolina. The pipeline is being developed jointly by Dominion Energy, Duke Energy, Piedmont natural Gas and Southern Company Gas. Though the Federal Energy Regulatory Commission has independent authority over many of the procedures related to federal pipeline development, DEQ is able to exercise enforcement authority over many aspects of the project.


From: Jennifer Underwood

Sent: March 16, 2018 at 2:38 pm

State Water Control Board meeting procedures for proposed natural gas pipelines

Additional information is now available pertaining to participation at the December meetings of the State Water Control Board. Only those persons who submitted official public comments during the public comment period for the proposed natural gas pipelines may address the Board. Furthermore, comments are limited to responding to DEQ's summary of comments. While the Board meetings are open to the public, the space is controlled by the Henrico Fire Marshal. Those persons eligible to speak should plan to register by 9:30 a.m. Registration opens at 8:30 a.m. The response to comments and proposed certification conditions are included in the meeting agenda on

From: Ann Regn

Sent: November 29, 2017 at 1:57 pm