The following regulatory tools provide comprehensive oversight and technical evaluation processes to ensure that Virginia’s air and water quality is protected during and after construction. 

• Environmental impact review

DEQ, along with Virginia’s other natural resource agencies, submitted numerous comments and recommendations on the draft environmental impact statements published by FERC. In this environmental impact review, Virginia identified specific concerns in a number of stream segments that crossed watersheds. Recommendations included additional pre- and post-construction water quality monitoring, heightened erosion and sedimentation control practices, and pre-impact characterization of proposed stream and wetland crossings.

• Stormwater, erosion and sediment control

DEQ required Mountain Valley to submit detailed, project-specific erosion and sedimentation control and stormwater plans for every foot of pipeline construction land disturbance, including access roads. These plans must comply with Virginia’s stormwater and erosion, and sediment control regulations, designed to protect water quality during and after construction. The project plans were reviewed by certified professionals and were posted for public review in October 2017. The cost of this work is paid by the developer and is estimated to be approximately $2.2 million.

• Federal wetlands and stream regulation

The U.S. Army Corps of Engineers (Corps) is the federal regulatory partner in permitting activities in wetlands and streams. The Corps’ Nationwide Permit (NWP) 12 requires that water quality is protected during the construction of pipelines in wetlands and streams. The Corps evaluated each wetland and stream crossing to see if construction is consistent with the conditions of NWP 12. The conditions provided in NWP 12 are comprehensive and include: coordination with the U.S. Fish and Wildlife Service on threatened and endangered species; requirements to restore the pre-construction conditions at stream crossings using materials that mimic the natural stream bed; mitigation for all permanent loss over 1/10 acre and/or 300 linear feet of waters; a recommendation discouraging directional drilling in karst topography; a recommendation to use Virginia native species for revegetation; and extensive guidance and requirements for countersinking pipes. Because the Corps’ permit only covers construction activities that cross a wetland or stream, DEQ addressed other water quality impacts through its water certification authority.

Note: DEQ received a new application for construction in wetlands and streams on March 1, 2021 (see Virginia Water Protection Permit section). The State Water Control Board authorized DEQ to issue a permit on December 14, 2021. The VWP permit was issued on December 20, 2021.

• Virginia water quality certification

DEQ required water quality certification conditions for all potentially impacted water resources related to activities that might affect water quality outside the temporary construction impacts to stream and wetland crossings. These conditions provide reasonable assurance that water quality standards are maintained in Virginia’s streams. DEQ received public input in 2017 during two public hearings on the draft prior to issuance of the signed certification.

• Water quality monitoring

DEQ is conducting its own water quality monitoring to evaluate water quality conditions at a number of locations. Real-time water monitoring stations have been installed at six crossings along the route and sampling results are being published.

• Stop work authority

Legislation adopted by the 2018 General Assembly authorizes DEQ to issue a stop work instruction for land-disturbing activities related to the construction of a natural gas transmission pipeline under certain situations (2018 VA Acts chapters 297 and 298). DEQ may issue a stop work instruction on part of a site if the agency determines  there has been a substantial adverse impact to water quality or that an imminent and substantial adverse impact to water quality is likely as a result of such land-disturbing activities. The stop work instructions are a temporary measure to correct deficiencies before resuming work. The agency has developed guidance that details the stop work instruction process.

In 2017 Virginia’s State Water Control Board (SWCB) issued a general permit and additional Virginia water quality certification guidance per state and federal regulations. The general permit, issued by the Norfolk District U.S. Army Corps of Engineers (the Corps) under Nationwide Permit 12 for utility projects, was contested and the Fourth Circuit Court issued stays in 2018.

Rather than continuing legal proceedings, MVP has submitted a new application to the Corps and FERC for individual permits for construction in wetlands and stream crossings.

DEQ received the Joint Permit Application (JPA), on March 4, 2021. The JPA is used by federal and state agencies to coordinate permits. The Virginia Water Protection (VWP) permit program reviews and regulates activities in wetlands and streams, including filling, excavation, impounding surface waters, and surface water withdrawals. VWP permits serve as Virginia’s Clean Water Act Section 401 certification and is issued under authority of State Water Control Law. As required by Virginia law, permits must avoid and minimize impacts to wetlands and streams on the development site and ensures no-net-loss to the state’s wetlands.

On March 25, 2021 DEQ requested an extension from the Corps to allow adequate time for the agency to prepare a Virginia Water Protection permit and for the public to provide comment. For details, see DEQ’s March 25 letter. On June 28, 2021 the Corps granted the extension until Dec. 31, 2021. See letter from the Corps. 

The public comment period for the VWP permit closed on Oct. 27, 2021. The State Water Control Board held two public hearings on the draft permit and received more than 7,800 written comments and 100 oral comments.

Please see the links below to view the recorded proceedings.

• Sept 27 Recording and transcript from Pigg River Community Center, Rocky Mount 
  
  
• Sept 28 Recording and transcript from Radford University, Kyle Hall, Radford

The Board decided to issue the permit at its Dec. 14th board meeting. All information, including permit application materials and correspondence is updated weekly and can be found below in the Virginia Water Protection Permit section below.

Permit application documents are listed below and are available from FERC.

Due to the size and scope of the project DEQ required Mountain Valley to meet additional certifications to ensure that Virginia water quality standards are maintained in all areas affected during and after construction in the ROW. 

Construction follows detailed erosion and sediment control and stormwater management plans. This additional certification goes beyond customary linear utility line requirements to protect water quality across the range of pipeline activities, not just temporary construction impacts to streams and wetlands. The developer was also required to provide assurances related to karst geologic features, steep slopes, public water supplies and areas prone to rockslides.

Throughout the extensive review and approval process, DEQ evaluated information received from the developer, the public and through the environmental impact assessment to develop the certification conditions to protect water quality,

Since 2018, DEQ has been evaluating compliance. See Compliance section for weekly reports.

Summary of Compliance Actions

On Dec. 11, 2019, the Commonwealth of Virginia entered into a judicial consent decree with Mountain Valley Pipeline LLC to settle violations of the Commonwealth's environmental laws and regulations related to construction activities in Craig, Franklin, Giles, Montgomery, Pittsylvania, and Roanoke Counties, Va. Per the terms of this consent decree, Mountain Valley Pipeline, LLC will make their third-party Environmental Auditor Reports available on their website (located under the tab titled Environmental Auditor Independent Quarterly Reports to VA DEQ). More information can be found on the Office of the Attorney General's website.

On Aug. 16, DEQ lifted the stop work instruction issued on Aug. 2, 2019. On Aug. 1, DEQ inspectors found erosion and sediment controls inadequate and issued the stop work instruction, a temporary measure to correct deficiencies before resuming work. Agency guidance details the stop work instruction process.

On Oct. 5, 2018, the Corps suspended permitted construction in streams and wetlands in these areas. However, maintenance and reestablishment of controls is essential was allowed.

On Aug. 30, 2018, Mountain Valley responded to orders issued by FERC and the U.S. Court of Appeals for the Fourth Circuit. FERC's Modified Stop Work Order allowed construction activities to restart, except areas located within proximity of the Weston Gauley Bridge Turnpike Trail and the Jefferson National Forest. The Court also denied a request to stay MVP’s permit related to stream and waterbody crossings in Virginia and lifted the stay in West Virginia (see full statement).

Below is a list with links to the documents tied to the compliance actions detailed above.

Compliance Documents

December 2019

• Signed MVP Consent Decree

October 2019

• Proposed MVP Consent Decree
• FERC Partial Approval of Limited Activities Identified in 10/22/19 Filing and Approval of MVP Stabilization Plan
• MVP Response to FERC Cessation Order and Stabilization Plan (Revised response; Original submitted to FERC on Oct. 17, 2019)
• FERC Cessation Order to MVP
• Virginia Attorney General's Announcement of Lawsuit Resolution and Consent Decree with MVP

August 2019

• DEQ's Stop Work Instruction to MVP (Issued Aug 2, 2019)

December 2018

• Virginia Attorney General and DEQ's Lawsuit Against MVP

October 2018

• MVP Response to Vacated NWP12
• U.S. Army Corps of Engineers Order to Suspend Work Covered by NWP12
• U.S. Court of Appeals for Fourth Circuit Ruling to Vacate MVP's Army Corps Nationwide Permit 12 (NWP12)

August 2018

• FERC Partial Authorization to Resume MVP Construction
• FERC Partial Approval of MVP Stabilization Plan
• MVP Temporary Stabilization Plan
• FERC Stop Work Order to MVP

July 2018

• MVP Response to NoV
• DEQ's Notice of Violation (NoV) to MVP

Water quality monitoring began in the fall of 2017 upstream and downstream of construction at six stream crossings. Monitoring includes identification of benthic macroinvertebrate and fish communities, quantitative physical habitat assessment, and real-time, continuous monitoring for turbidity, temperature, specific conductance, dissolved oxygen and pH.

For more information, including a copy of the monitoring plan, visit DEQ's water monitoring page.