Legal Notice


Publication Date: 5/6/21 & 5/13/21
Expiration Date: 6/12/21

State Water Quality Certification, as required by Section 401 of the Clean Water Act, has been requested of the West Virginia Department of Environmental Protection (WVDEP) for:

Mountain Valley Pipeline Project
(Name of Project)

Mountain Valley Pipeline, LLC.
2200 Energy Drive, Canonsburg, PA 15317
(Name and address of Applicant)

SCOPE OF CERTIFICATION: Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed activity will comply with Sections 301, 302, 303, 306 and 307 of the Federal Clean Water Act and other appropriate requirements of State law. When issuing certification, the WVDEP may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction. Procedural and interpretive regulations governing the scope of the Department’s certification, public comment, hearings and appeals are in Title 47, Series 5A.

DESCRIPTION OF THE ACTIVITY: Provide a description which details the activity proposed for the wetland, river or stream to be affected.

Mountain Valley Pipeline, LLC (Mountain Valley) has proposed to construct the Mountain Valley Pipeline Project (Project), a natural gas pipeline that is approximately 304 miles in length and is 42-inches in diameter – traversing 11 counties in West Virginia and six counties in Virginia. The design objective of the project is to provide timely, cost-effective access to the growing demand for natural gas for use by local distribution companies, industrial users, and power generation facilities in the mid-Atlantic, southeastern, and Appalachian regions. The proposed project route would begin at the existing Equitrans, LP transmission system near the Mobley processing facility in Wetzel County, West Virginia and extend to the Transco Zone 5 Compressor Station 165 in Pittsylvania County, Virginia. In addition to the pipeline itself, the project would include three compressor stations facilities, which have been completed along the route in West Virginia, as well as other ancillary facilities that are required for the safe and reliable operation of the pipeline.

While significant efforts were made to avoid wetlands and streams along the entire route, in select circumstances there are environmental effects that are deemed unavoidable. In West Virginia, the proposed project route would consist of approximately 197 miles of pipeline, which is roughly 65% of the total pipeline route, and three compressor stations. The Mountain Valley project team has proposed to utilize a 125-feet-wide temporary right-of-way to safely construct the pipeline and a 50-feet-wide permanent right-of-way in order to properly maintain and safely operate the pipeline once in-service. Due to the various constraints of siting and constructing, Mountain Valley anticipates that the project will have temporary impacts to approximately 21,107 linear feet of streams and 10.2 acres of wetlands in West Virginia during the construction phase. Given the size and scope of the project throughout the state, it is estimated that approximately 1,116 linear feet of streams and 2.2 acres of wetlands would be permanently impacted in West Virginia. Mountain Valley proposes to mitigate all proposed permanent stream and wetland impacts (lost or converted) through the use of mitigation bank credits, including 691 stream mitigation credits and 2.2 wetland mitigation credits in West Virginia.

It is anticipated that the Project will have the following:

The designated use of all streams proposed for crossing are:
— Category A – Water Supply
— Category B – Propagation and Maintenance of Fish/Other Aquatic Life
— Category C – Water Contact Recreation

The designated use for wetlands proposed for crossings (this includes resources that are crossed more than once) are:
— Category B-4 – Wetlands: 260 crossings

Any other State issued permit numbers, if applicable and available:

Construction Stormwater General Permit for Construction Activities (WVR310667); Clean Air Permits (R13-3277A; R13-3278A; and R13-3279A) Licenses and Right of Entry (multiple approvals); Road Bonds and Crossing Permits (multiple approvals); NPDES Hydrostatic Test Discharge General Permit (multiple approvals).

PROJECT LOCATION: Provide a general highway map showing location of project and include mile point for rivers and streams.

Coordinates for the northern terminus of the project in West Virginia are: 39.562409deg. N, -80.543079deg. W
Coordinates for the project crossing from West Virginia to Virginia are: 37.402653deg.N, -80.690013deg.W
Coordinates for the southern terminus of the project in Virginia are: 36.833466deg.N, -79.337119deg.W

INFORMATION AVAILABLE: The Water Quality Certification application is available for inspection between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, at the following location:

WV Department of Environmental Protection
Division of Water and Waste Management
401 Certification Program
601 57th Street SE
Charleston, West Virginia 25304

Upon request a digital copy of the application and applicable information can be provided.

COMMENTS: Comments and information relating to Section 401 Water Quality Certification for this activity are hereby solicited. Such information on the activity’s impact will be considered if postmarked prior to the expiration date of this notice.

This Public Notice also includes notice for the Public Hearing that will be held as a virtual Zoom meeting on June 22, 2021 at 6:00 PM EDT at the following virtual location:
Or by phone at 1-646-558-8656, Meeting ID: 898 4187 6081 Passcode: 765886

All comments and information should be mailed to:

WV Department of Environmental Protection
Division of Water and Waste Management
401 Certification Program
601 57th Street SE
Charleston, West Virginia 25304

Comments and information postmarked later than the expiration date may not be considered.