NAO-2015-0898

March 29, 2021

In reply refer to Public Notice No. 
LRH-2015-00592-GBR      
LRP-2015-798
NAO-2015-0898

FEDERAL PUBLIC NOTICE
The District Commander has received a joint application for Federal and State permits as described below:

STREAM: Elk, Gauley, Greenbrier, Roanoke, Blackwater Rivers (Section 10 waters) and various other Section 404 streams

Please address all comments and inquiries to:
U.S. Army Corps of Engineers, Huntington District
ATTN: CELRH-RD-E Public Notice No. (LRH-2015-00592-GBR/LRP-2015-798/NAO-2015-0898)
502 Eighth Street
Huntington, West Virginia 25701-2070 Phone: (304) 399-5610

TO WHOM IT MAY CONCERN: The following applicant has submitted an application for a Department of the Army (DA) Permit under the provisions of Section 10 of the Rivers and Harbors Act of 1899 (Section 10) and Section 404 of the Clean Water Act (Section 404) for the proposed discharge of dredged and/or fill material into waters of the United States and work in and under navigable waters of the United States.

APPLICANT:                       
Mountain Valley Pipeline, LLC
2200 Energy Drive
Canonsburg, Pennsylvania 15317

LOCATION: As depicted on Enclosure 1, the proposed project known as the Mountain Valley Pipeline (MVP) would be approximately 304 miles in length and begin at the existing Equitrans, L.P. transmission system near the Mobley processing facility in Wetzel County, West Virginia and end at the Transcontinental Gas Pipe Line Company, LLC’s (Transco) Zone 5 Compressor Station 165 in Transco Village, Pittsylvania County, Virginia. The proposed project is contained within the states of West Virginia and Virginia. The proposed project crosses three (3) United States Army Corps of Engineers (Corps) Regulatory District boundaries including Huntington, Norfolk and Pittsburgh Districts.

Approximately 164 miles of the pipeline, 135 miles of access roads, and three (3) compressor stations (Bradshaw, Harris, and Stallworth Compressor Stations) are sited within the Huntington District. Proposed activities subject to Section 404 regulation within the Huntington District’s regulatory boundary would occur within streams and wetlands within watersheds of the Ohio, Little Kanawha, Elk, Gauley, Greenbrier, and New Rivers. Proposed activities subject to Section 10 regulation within the Huntington District’s regulatory boundary would occur within the Elk, Gauley, and Greenbrier Rivers.

Approximately 107 miles of the pipeline and 51 miles of access roads are sited within the Norfolk District. Proposed activities subject to Section 404 regulation within the Norfolk District’s regulatory boundary would occur within streams and wetlands within watersheds of the New, James, Roanoke, and Banister Rivers. Proposed activities subject to Section 10 regulation within the Norfolk District’s regulatory boundary would occur within the Roanoke and Blackwater Rivers.

Approximately 33 miles of the pipeline and 14 miles of access roads are sited within the Pittsburgh District. Proposed activities subject to Section 404 regulation within the Pittsburgh District’s regulatory boundary would occur within streams and wetlands within watersheds of the Ohio and Mnongahela Rivers. No activities subject to Section 10 regulation within the Pittsburgh District are proposed.

Detailed location maps can be found on Enclosure 1 and Figures 1, 3 and 4 of the DA permit application as posted on the Huntington District Public Notice webpage at https://www.lrh.usace.army.mil/Missions/Regulatory/Public-Notices/ lrh-2015-592-gbr/. This public notice can also be accessed on the Pittsburgh District webpage at https://www.lrp.usace.army.mil/Missions/Regulatory/Public-Notices/ and on the Norfolk District webpage at https://www.nao.usace.army.mil/Media/Public-Notices/.

LEAD FEDERAL AGENCY ROLE: On October 23, 2015, the applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7(c) of the Natural Gas Act and Part 157 of the FERC’s regulations to construct and operate certain interstate natural gas pipeline facilities in Virginia and West Virginia. The FERC is considered the lead federal agency for coordinating and conducting environmental reviews under the National Environmental Policy Act (NEPA) and other applicable statutes. Pursuant to the NEPA, on June 23, 2017, the FERC issued a Final Environmental Impact Statement (FEIS) for the MVP project. The Corps participated as a cooperating agency in the development of the NEPA documents and will also participate as a cooperating agency on any future NEPA documents required to be prepared by the FERC for the proposed project. The FEIS can be accessed at https://cms.ferc.gov/finalenvironmental- impact-statement-mountain-valley-project-and-equitrans-expansion-project. A separate decision document would be prepared by the Corps prior to a final decision concerning  the issuance or denial of the requested DA permit. Comments received would be used by the Corps in preparation of any documentation, if required, pursuant to the NEPA prior to a final decision concerning issuance or denial of the DA permit.

Additional information about the project is available from the FERC’s Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number in the “Docket Number” field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at FercOnlineSupport@ferc.gov or (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings. The FERC docket numbers associated with the proposed project include CP21-57 and CP16-10.􀀃

PROJECT HISTORY: On September 25, 2020, the Huntington and Pittsburgh Districts verified the use of Nationwide Permit (NWP) 12, as described in the January 6, 2017 Federal Register (FR), Issuance and Reissuance of NWPs (82 FR 1860), for the construction of certain  portions of the MVP Project within their respective areas of regulatory boundaries as described in the Pre-Construction Notification (PCN) received on January 28, 2020, and additional information received March 18, 2020.  On September 25, 2020, the Norfolk District reinstated the previously verified use of NWP 12,as described in the January 6, 2017 FR, Issuance and Reissuance of NWPs (82 FR 1860), for the construction of certain portions of the MVP Project, as described in the PCN received December17, 2017. On February 19, 2021, the applicant voluntarily requested that the Corps administratively revoke the aforementioned NWP 12 verifications issued for the MVP Project. On March 2, 2021, the NWP 12 verifications for the MVP Project issued by Huntington and Pittsburgh Districts were revoked. On March 3, 2021, the NWP 12 verifications for the MVP Project issued by the Norfolk District were revoked.

DESCRIPTION OF THE PROPOSED WORK: The applicant has requested a DA permit from the Huntington District, the Pittsburgh District, and the Norfolk District for the permanent discharge of dredged and/or fill material into 1,198 linear feet of streams and 0.5 acre of wetlands, the temporary discharge into 38,332 linear feet of streams and 13.92 acres of wetlands, including the permanent conversion of 3.7 acres of forested and scrub-shrub wetlands to emergent wetlands and work in navigable waters of the United States, as described in Tables 1-3 of the DA permit application and below, associated with construction of the MVP Project within the Huntington, Norfolk and Pittsburgh District regulatory boundaries.

The applicant has requested a DA authorization for the following activities within the Huington District:

• Temporary discharge of dredged and/or fill material into 4,966 linear feet (0.4033 acre) of ephemeral streams, 5,599 linear feet (0.6611 acre) of intermittent streams, 8,586 linear feet (3.0622 acres) of perennial streams, 7.9213 acres of palustrine emergent (PEM) wetlands and the permanent conversion of 0.3698 acre of palustrine scrub-shrub (PSS) wetlands and 1.2251 acres of palustrine-forested (PFO) wetlands;
• Permanent discharge of dredged and/or fill material into 265 linear feet (0.0224 acre) of ephemeral streams, 296 linear feet (0.0360 acre) of intermittent streams, 363 linear feet (0.1209 acre) of perennial streams, 0.4374 acre of PEM wetlands, and 0.0084 acre of a single PSS wetland. The applicant indicates there would be no permanent discharge of dredged and/or fill material into PFO wetlands;
• Permanent installation of pipelines via subterranean installation methods under three (3) waterways (the Elk River, the Gauley River, and the Greenbrier River) subject to regulation under Section 10. This proposed installation method would not result in a discharge of dredged and/or fill material into waters of the U.S. and is not subject to regulation under Section 404; and
• The installation of temporary water withdrawal structures on the Elk River, the Gauley River, and the Greenbrier River subject to regulation under Section 10.

For regulated activities within the Huntington District, see Figure 1, Figures 3-1 thru 3-3, 3-6 thru 3-36, Figures 4-1 thru 4-32, 4-77 thru 4-79, 4-84 thru 4-90, 4-103, 4-107, 4-112 thru 525 Tables 2 and 3, and Attachments H-1 and H-2 of the DA permit application.

The applicant has requested a DA authorization for the following activities within the Norfolk District:

• Temporary discharge of dredged and/or fill material into 3,966 linear feet (0.472 acre) of ephemeral streams, 6,383 linear feet (0.811 acre) of intermittent streams, 6,921 linear feet (2.266 acres) of perennial streams, 3.9550 acres of PEM wetlands, and the permanent conversion of 0.3698 acre of PSS wetlands and 1.2251 acres of PFO wetlands;
• Permanent discharge of dredged and/or fill material into 45 linear feet (0.007 acre) of ephemeral streams, 65 linear feet (0.011 acre) of perennial streams, and 0.539 acre of PEM wetlands. The applicant indicates there would be no permanent discharge of dredged and/or fill material into PSS or PFO wetlands; and
• Permanent installation of pipelines via subterranean installation methods under two (2) waterways (the Roanoke River and the Blackwater River), subject to regulation under Section 10. This proposed installation method would not result in a discharge of dredged and/or fill material into waters of the U.S. and is not subject to regulation under Section 404. 

For regulated activities within the Norfolk District, see Figure 3-2 thru 3-9, Figures 4-525 thru 4-786, Figure 5, and Tables 2 and 3 and Attachment H-3 of the DA permit application. 

The applicant has requested a DA authorization for the following activities within the Pittsburgh District:

• Temporary discharge of dredged and/or fill material into 617 linear feet (0.046 acre) of ephemeral streams, 332 linear feet (0.045 acre) of intermittent streams, 1,007 linear feet (0.352 acre) of perennial streams, 2.043 acres of PEM wetlands and the permanent conversion of 0.1444 acre of PSS wetlands and 0.0110 acre of PFO wetlands; and  
• Permanent discharge of dredged and/or fill material into 137 linear feet (0.009 acre) of ephemeral streams, 55 linear feet (0.037 acre) of perennial streams. The applicant indicates there would be no permanent discharge of dredged and/or fill material into wetlands within the Pittsburgh District.

For regulated activities within the Pittsburgh District see Figures 3-36 thru 54, Figures 4-30 thru 4-77, 4-80 thru 4-83, 4-87 thru 4-103, 4-107, 4-10 thru 4-117, Tables 2 and 3, and Attachments H1 and H2 of the DA permit application.

Construction of the proposed pipeline project would necessitate a 125-foot wide construction right-of-way with a narrower 50-foot permanent right-of-way. Construction of the pipeline across streams and wetland features subject to Section 404 regulation would include a narrower 75-foot construction right-of-way and include the excavation of a ditch across the features, the placement of the pipeline within the ditch, the burial of the pipeline with the excavated material, and the restoration of the area to approximate pre-construction elevations and contours. The proposed pipeline project would also include the use, upgrade, and/or construction of approximately 200 miles of access roads, and the use of temporary mats and span bridges for construction access. Additionally, the construction of the proposed pipeline project would necessitate ancillary facilities such as contractor yards for temporary construction offices, equipment staging, material storage, and parking.

In addition to delivering natural gas to the Transco interconnect (Milepost [MP] 303.9), the proposed MVP Project would also deliver gas to four (4) intermediate delivery points: WB Interconnect in Braxton County, West Virginia (MP 77.3); Greene Interconnect in Monroe County, West Virginia (MP 180.7); Roanoke Gas Lafayette Tap in Montgomery County, Virginia (MP 235.6); and the Roanoke Gas Franklin Tap in Franklin County, Virginia (MP 261.4).

Plans of the proposal may be viewed within the DA permit application (see Enclosure 1 and application Figures 1, 3, 4, Attachment H, and Attachment J). The public notice version of the DA permit application and appendices are available for public download as separate documents on the Huntington District’s Public Notice page at https://www.lrh.usace.army.mil/Missions/Regulatory/Public-Notices/ LRH-2015-592-GBR.

ALTERNATIVES ANALYSIS: The project does not require access or proximity to or siting within special aquatic sites to fulfill its basic purpose and is considered a non-water dependent activity. The Section 404(b)(1) Guidelines state for non-water dependent activities, practicable alternatives that do not involve special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. The applicant is required to provide an alternatives analysis that must overcome this presumption prior to receiving authorization for the discharge of dredged and/or fill material. The applicant has developed a variety of alternatives (preferred, alternative routes, alternative natural gas transportation methods, alternative pipeline systems, and no-impact) analyzing how the applicant’s project, as the discharge of dredged and/or fill material into streams and wetlands, could be conducted in order to avoid and minimize impacts to aquatic resources. The alternative must fulfill the overall project purpose as defined by the Corps. No permit will be issued until our office determines practicable upland alternatives are not available to achieve the overall project purpose informed by the applicant’s alternatives analysis.

AVOIDANCE AND MINIMIZATION: In evaluating a project area containing waters of the United States, consideration must be given to avoiding impacts on these sites. If waters of the United States cannot be avoided, then impacts must be minimized. Approximately 109,434 linear feet of streams, consisting of 30,592 linear feet of ephemeral streams, 36,704 linear feet of intermittent streams, and 42,138 linear feet of perennial streams and 34.021 acres of wetland, consisting of 49.16 acres of PEM wetlands, 3.96 acres of PSS wetlands, and 5.40 acres of PFO wetlands, are located within the proposed project area. The applicant has proposed to avoid approximately 69,831 linear feet of streams and 15.89 acres of wetland. See tables 2, 3, 4, 5, 19, and 20 of the DA permit application for further details. The applicant has indicated that there is no practicable alternative for the proposed project that completely avoids the discharge of dredged and/or fill material into waters of the United States and work in and under navigable waters of the United States (i.e. Elk River, Gauley River, Greenbrier River, Roanoke River, and Blackwater River) and would meet the overall project purpose. Avoidance and minimization efforts were incorporated into the proposal to reduce the discharges of dredged and/or fill material into waters of the United States and regulated activities in and under navigable waters of the United States, and to reduce the width of the construction right-of-way at stream and wetland crossings. A full description of the applicant’s avoidance and minimization efforts can be reviewed in Section 5 of the DA permit application and Section 4.3 Water Resources of the FEIS.

All pipeline project construction activities would adhere to the FERC’s Upland Erosion Control, Revegetation, and Maintenance Plan and state-specific equirements for pipeline construction in West Virginia and Virginia, as applicable. In West Virginia, the project’s stormwater discharges are regulated by a Water Pollution Control Act Permit for Construction authorization and sitespecific Erosion and Sediment Control Plans approved by the West Virginia Department of Environmental Protection (WVDEP). In Virginia, project construction must comply with Annual Standards and Specifications, site-specific Erosion and Sediment Control Plans, and sitespecific post-construction stormwater management plans approved by the Virginia Department of Environmental Quality (VADEQ). Timely construction and maintenance of sediment control measures as well as the restoration and revegetation of disturbed areas would minimize downstream sediment impacts. After construction, any temporary fill material would be removed in its entirety and the affected areas returned to approximate pre-construction elevations and conditions and revegetated, as appropriate. The applicant’s full discussion of avoidance and minimization are available for review in Section 5 of the DA permit application available on our website at https://www.lrh.usace.army.mil/Missions/Regulatory/Public-Notices/LRH-2015-592-GBR

COMPENSATORY MITIGATION PLAN (CMP): To compensate for the permanent discharge of dredged and/or fill material into 1,116 linear feet of streams and 3.5958 acres of wetlands in West Virginia, based on calculations using the West Virginia Stream and Wetland Valuation Metric Version 2.1 (WV SWVM), the applicant proposes to purchase 691 stream credits and 2.1961 wetland credits from approved mitigation banks. To compensate for the permanent discharge of dredged and/or fill material into 110 linear feet of streams and 1.3997 acres of wetlands in Virginia, based on calculations using the Unified Stream Methodology (USM) and a 1:1 credit ratio, as applicable, the applicant proposes to purchase 94 stream credits and 1.3997 wetland credits from approved mitigation banks. The applicant’s proposed compensatory mitigation plan is described in Section 5 and Tables 17 and 18 of the DA permit application available on our website at https://www.lrh.usace.army.mil/Missions/Regulatory/Public-Notices/ LRH-2015-592-GBR

The applicant’s CMP is currently under review. As part of our evaluation, the Corps will review the applicant’s WV SWVM and USM calculation sheets for accuracy. The proposed compensatory mitigation proposal is open to comment and is subject to change based on comments received. After review of all the submitted information, the Corps will make a determination of appropriate compensatory mitigation, in the event a decision is made to issue a DA permit.

WATER QUALITY CERTIFICATION (WQC): An individual Clean Water Act Section 401 WQC is required for this project from the States of West Virginia and Virginia assuring that applicable laws and regulations pertaining to water quality are not violated. It is the applicant's responsibility to obtain an individual Clean Water Act Section 401 WQC or a waiver from the WVDEP and the VADEQ. A DA permit, if otherwise warranted, would not be issued for this project until the Section 401 WQCs have been issued or waived and the 401(a)(2) processes, if required, as described in the “Clean Water Act Section 401 Certification Rule” (Rule, 85 Federal Register 42,210 [July 13, 2020]) have been completed in each state.

HISTORIC AND CULTURAL RESOURCES: The FERC is the designated lead federal agency and coordinator of all federal authorizations and consultation efforts pursuant to Section 106 of the National Historic Preservation Act (NHPA), including coordination with the appropriate State Historic Preservation Offices (SHPO), Tribal Historic Preservation Offices or other representatives, and the Advisory Council on Historic Preservation (ACHP).

On October 19, 2017, the FERC provided a letter to the ACHP that the MVP would have “an adverse effect on historic properties.” The letter indicated that the ACHP had suggested the development of a “Programmatic Agreement (PA), under Part 800.14.b, to resolve adverse effects for this Project as a whole.” The letter included supporting documentation regarding the FERC’s adverse effect finding. On September 8, 2020, the FERC, via e-mail, indicated that compliance with Section 106 of the NHPA was completed and the PA for the Mountain Valley Mainline Pipeline was executed on December 15, 2017. As stated in the regulations for implementing Section 106 – at Part 800.14b2iii – a PA is in effect and executed when signed by the FERC, the SHPO, and the ACHP. The execution of the PA completed the process of compliance with Section 106 of the NHPA.

A copy of this Public Notice will be furnished to the West Virginia SHPO and the Virginia SHPO for their review.

THREATENED AND ENDANGERED SPECIES: The FERC is the lead federal agency for Section 7 of the Endangered Species Act (ESA) consultation and has jurisdiction and control over the entire pipeline corridor. The United States Fish and Wildlife Service (USFWS) evaluated the entirety of the MVP Project. The Corps has reviewed the Biological Opinion (BO) issued on September 4, 2020 by the USFWS and has determined that it is inclusive of the Corps’ area of responsibility and is sufficient to address the Corps’ ESA action area.

The portions of the Corps’ ESA action area for which the considerations of the BO are necessary vary based on the range, habitat, and needs of the species considered. The federally listed species considered by the USFWS and/or the FERC include the following: 

A copy of this Public Notice will be furnished to the appropriate USFWS offices within West Virginia and Virginia for their review.

PUBLIC INTEREST REVIEW AND CUMULATIVE EFFECTS: This application will be reviewed in accordance with 33 CFR 320-332, the Regulatory Program of the Corps, and other pertinent laws, regulations, and executive orders. Our evaluation will also follow the guidelines published by the United States Environmental Protection Agency pursuant to Section 404(b)(1) of the Clean Water Act (40 CFR 230). The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity, on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors that may be relevant to the proposal will be considered including the cumulative effects thereof; among those factors are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.

SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public, federal, state and local agencies and officials, Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. For accuracy and completeness of the administrative record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition. Any person may request, in writing, within the comment period specified in the notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the NEPA.

Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Written statements received in this office on or before the expiration date of this Public Notice will become a part of the record and will be considered in the final determination. A permit will be granted unless its issuance is found to be contrary to the public interest.

CLOSE OF COMMENT PERIOD: The Huntington District has been designated as the lead Corps district, thus all comments pertaining to this Public Notice must reach their office on or before the close of the comment period listed on page one (1) of this Public Notice. If no comments are received by that date, it will be considered that there are no objections. Comments should be submitted electronically to Mr. Adam Fannin by email at CELRP-MVP@usace.army.mil. If you do not have internet access, comments may be submitted through the United States Postal Service (USPS) to the following address:
United States Army Corps of Engineers, Huntington District
ATTN: CELRH-RD-E
Public Notice: LRH-2015-00592-GBRLRP-2015-798, NAO-2015-0898
502 Eighth Street
Huntington, West Virginia 25701-2070

Copies should only be provided through the USPS when electronic transmission is not possible.

Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to process and receive hard copy submissions. To be considered in our evaluation, comments submitted through the USPS should have a postmark dated on, or prior to, the close of the comment period listed on page one (1) of this Public Notice.

Please note that names and addresses of those who submit comments in response to this Public Notice become part of our administrative record and, as such, may be available to the public under provisions of the Freedom of Information Act. Thank you for your interest in our nation's water resources. If you have any questions concerning this Public Notice, please contact Mr. Adam Fannin of the Energy Resource Branch at (304) 399-5610 or at CELRP-MVP@usace.army.mil.