Mountain Valley Pipeline Environmental Compliance Report 4/18/24

Document Accession #: 20240418-4000 Filed Date: 04/18/2024
FEDERAL ENERGY REGULATORY COMMISSION

ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM
WEEKLY SUMMARY REPORT
MOUNTAIN VALLEY PROJECT

DOCKET NO.: CP16-10-000
FOR THE PERIOD: APRIL 7 THROUGH APRIL 13, 2024
On October 13, 2017, the FERC published an Order Issuing Certificates (Certificates) to Mountain Valley
Pipeline, LLC (Mountain Valley) and Equitrans, L.P. (Equitrans) to construct and operate pipeline,
compression, metering facilities, and related infrastructure as part of the Mountain Valley Project
(Project) and Equitrans Expansion Project (EEP). The Project facilities consist of approximately 303.5
miles of new natural gas pipeline and multiple aboveground facilities located in West Virginia and
Virginia. On July 27, 2018, the United States Court of Appeals for the Fourth Circuit issued an order
vacating decisions by the Department of the Interior’s Bureau of Land Management (BLM) and by the
Department of Agriculture’s Forest Service (Forest Service) authorizing the construction of the Mountain
Valley Pipeline Project (Project) across federal lands. On August 29, 2018 and October 24, 2018, FERC
announced that full construction activities could resume except for the Jefferson National Forest between
MPs 196.0 and 221.0. On October 2, 2018, the U.S. Court of Appeals for the Fourth Circuit vacated the
U.S. Army Corps of Engineers permit for the Huntington District. On October 5 and 19, 2018, the U.S.
Army Corps of Engineers (Norfolk and Pittsburgh Districts, respectively) suspended their permits. Since
May 17, 2019, the FERC approved select streams and wetland to be crossed by conventional bore.
Communications between staff of the Federal Energy Regulatory Commission (FERC) and the U.S.
Army Corps of Engineers confirmed that no permits are necessary under Section 404 of the Clean Water
Act for conventional bore of wetlands or waterbodies for non-Section 10 waters. On August 15, 2019,
Mountain Valley voluntarily suspended certain construction activities in specific areas of the Project
where such activities may present a potential risk of take to federally-listed species or a potential risk of
destruction or adverse modification of proposed critical habitats. A Cessation of Certain Activities Order
was issued by the FERC on October 15, 2019. Mountain Valley was required to cease all work, with the
exception of restoration and stabilization of the right-of-way and work areas. On October 17, 2019, the
FERC approved limited activities at eleven locations. On October 23, 2019, the FERC approved limited
activities at six locations. On October 29, 2019, the FERC approved Mountain Valley’s Stabilization
Plan and limited activities at three locations. On February 13, 2020, the FERC approved limited slip
repair/mitigation activities at discrete locations. In May 2020, FERC issued partial approvals, contingent
upon other outstanding federal authorizations from the U.S. Army Corps of Engineers and the U.S. Fish
and Wildlife Service, to change the crossing method of three waterbodies. On September 4, 2020, the
U.S. Fish and Wildlife Service issued a new Biological Opinion and conference opinion for the Project.
On September 25, 2020, the United States Army Corps of Engineers Huntington, Pittsburgh, and Norfolk
Districts issued Nationwide Permit 12 verifications for the Project. On October 9, 2020, the FERC issued
an Order partially lifting the stop work order and allowing certain construction to proceed. On October
16, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a temporary administrative stay of the
U.S. Army Corps of Engineers Huntington District's and Norfolk District's Nationwide Permit 12
verifications. On October 19, 2020, Mountain Valley informed the FERC that they have not begun
activities that require a Nationwide Permit 12 in any of the three applicable U.S. Army Corps Districts,
and would not do so while the Temporary Administrative Stay is in effect. On November 9, 2020, the
U.S. Court of Appeals for the Fourth Circuit issued a stay of the U.S. Army Corps of Engineers
Huntington District's and Norfolk District's Nationwide Permit 12 verifications. On December 17, 2020,
the FERC authorized construction to resume between MPs 201.6 and 218.6. On January 11, 2021, the
Forest Service issued a Record of Decision for the Project and the BLM issued a Right-of-Way Grant for
the Project on January 15, 2021. On January 25, 2022, the United States Court of Appeals for the Fourth
Circuit vacated the January 2021 Record of Decision issued by the BLM and the Forest Service. On
February 2, 2022, the United States Court of Appeals for the Fourth Circuit vacated the U.S. Fish and
Wildlife Service’s 2020 Biological Opinion. On February 28, 2023, the U.S. Fish and Wildlife Service
issued a new Biological Opinion and conference opinion for the Project.
1
MOUNTAIN VALLEY PROJECT, Docket No.: CP16-10-000
Environmental Compliance Monitoring Program
April 7 Through April 13, 2024 Summary Report
On June 3, 2023, President Biden signed H.R. 3746 (the Fiscal Responsibility Act of 2023) which
authorized expedited completion of the Mountain Valley Pipeline Project (Section 324). The West
Virginia Department of Environmental Protection issued a Section 401 Water Quality Certificate on June
8, 2023. The BLM granted a Right-of-Way Grant and Temporary Use Permit for the Project on June 20,
2023. On June 23, 2023, the U.S. Army Corps of Engineers issued a Section 404 Clean Water Act and
Section 10 of the Rivers and Harbors Act of 1899 Permit for the Project. On June 28, 2023, the
Commission issued an Order authorizing all construction activities. On June 28, 2023, the Commission
issued an Order authorizing all construction activities. On July 10, 2023, the U.S. Court of Appeals for
the Fourth Circuit issued a stay of authorizations issued by BLM and the Forest Service authorizing
construction of the Project within the Jefferson National Forest. On July 11, 2023, the U.S. Court of
Appeals for the Fourth Circuit issued a stay of the Biological Opinion and Incidental Take Statement
issued by the U.S. Fish and Wildlife Service. On July 14, 2023, Mountain Valley filed an emergency
application to vacate the stays of the U.S. Court of Appeals for the Fourth Circuit with the Supreme Court
of the United States. The Supreme Court of the United States vacated the July 10, 2023 and July 11, 2023
stays issued by the U.S. Court of Appeals for the Fourth Circuit on July 27, 2023.
As committed to in its Application and in accordance with the Certificate for the above referenced docket,
Mountain Valley agreed to fund an Environmental Compliance Monitoring Program during construction
of the Project. This report provides a summary of the FERC Compliance Monitors’ construction review
for this reporting period. The Compliance Monitors are responsible for reviewing Mountain Valley’s
construction and documenting compliance with the FERC Certificate.
During this reporting period, the Compliance Monitors issued ninety-eight (98) Daily Monitoring Reports
consisting of eighty-eight (88) Acceptable Reports and ten (10) Communication Reports. No
Noncompliance Reports or Problem Area Reports were issued during this reporting period. No Level 1 or
two Level 2 variance requests were approved during this reporting period. A tabular summary of the
daily compliance reports and approved variances is presented below.
SUMMARY OF COMPLIANCE MONITOR REPORTS AND APPROVED VARIANCES FOR

THE MOUNTAIN VALLEY PROJECT
Number of Reports and Variances this Reporting Cumulative Number of Reports and
Compliance Level Period Variances
Acceptable 88 25,434
Communication 10 4,493
Problem Area 0 38
Noncompliance 0 47
Serious Violation 0 0
Approved Level 1 Variances 0 230
Approved Level 2 Variances 0 105
Total Reports and Variances 98 30,347
During this reporting period, eight (8) full-time Compliance Monitors conducted daily inspections
documenting compliance with the Project’s environmental requirements along the Project’s right-of-way.
The Compliance Monitors coordinated with Mountain Valley’s Environmental Inspectors (EIs) to inspect
and discuss areas of concern prior to construction, review areas potentially subject to variance requests,
and clarify interpretations of the project requirements. The activities of the Compliance Monitors were
directed by the Compliance Manager who coordinated with FERC as well as with Mountain Valley’s
field management and support staff. A brief summary of the activities conducted during the reporting
period is presented below.
2
SUMMARY OF ACTIVITIES
The Compliance Monitors inspected various activities in progress along the Project, including:
• Spread A Milepost (MP) 0 to 34.8 – repair, maintenance, and reinforcement of erosion control
devices.
• Spread B MP 34.8 to 65.4 – repair, maintenance, and reinforcement of erosion control devices;
identification of slip movement; access road restoration; Applicant problem area report for
sediment in a stream.
• Spread C MP 65.4 to 98.6 – repair, maintenance, and reinforcement of erosion control devices;
clean-up and restoration.
• Spread D MP 98.6 to 128.2 – repair, maintenance, and reinforcement of erosion control devices;
clean-up and restoration; non-Project related rutting of a wetland and cattle damage.
• Spread E MP 128.2 to 154.5 – repair, maintenance, and reinforcement of erosion control

devices; clean-up and restoration.
• Spread F MP 154.5 to 195.1 – repair, maintenance, and reinforcement of erosion control

• Spread G MP 195.1 to 227.3 – repair, maintenance, and reinforcement of erosion control

devices; stream and wetland crossings; tie-ins; clean-up and restoration; Applicant problem area
report for sediment outside the limits of disturbance.
• Spread H MP 227.3 to 253.9 – repair, maintenance, and reinforcement of erosion control

devices; tie-ins; clean-up and restoration; Applicant noncompliance report for soil outside the
limits of disturbance.
• Spread I MP 253.9.3 to 303.1– repair, maintenance, and reinforcement of erosion control

The Compliance Monitors also inspected construction activities at several laydown yards.
3
COMMUNICATION REPORTS
Communication reports provide documentation of relevant meetings between the FERC Compliance
Monitor and landowners, agencies, Project representatives, Environmental Inspectors, and/or Contractors.
The ten (10) communication reports below present compliance related information for keeping this
weekly summary report relevant to current Project activities.
SUMMARY OF COMMUNICATION REPORTS FOR THE MOUNTAIN VALLEY PROJECT
Location
Follow-up
(Spread/
Date Required
Compliance Level/Report Number Facility/ Description
Issued (Yes or
Milepost [MP]/
No)
County/State)
The Lead Environmental Inspector notified the

Compliance Monitor of new movement of the slip
Spread B south of Copley Road. The Compliance Monitor
observed that the slip has now migrated about 100
SpreadB_08Apr2024_TT1 4/8/2024 MP 55.2 Yes feet outside the limits of disturbance. Several trees
to have fallen due to this new movement across access
MP 55.5 road MVP-LE-073.02 and damaged some erosion
controls below the access road. All other erosion
controls were in good functional condition.
The Compliance Monitor conducted a routine field
inspection of sensitive resources and erosion control
devices on the right-of-way at Station No. 5227+00.
Rain events throughout the week raised the water
level in stream S-A79 and woody debris restricted
Spread D
water flow at the construction bridge crossing.
SpreadD_08Apr2024_JW2 4/8/2024 Yes
Erosion control devices and equipment bridge
MP 99.0
siderails were functional. The Environmental
Inspector notified environmental crews to clean out
the debris. All activities observed were within the
approved limits of disturbance and in compliance with
the Project's environmental requirements.
The Compliance Monitor was notified an Applicant
noncompliance report was written for subsoil beyond
the limits of disturbance at MP 239.8. Subsoil was
placed against a timber mat retaining wall that was
installed along the limits of disturbance to prevent
rocks from rolling off of the right-of-way. The weight
of the spoil caused the retaining wall to fail and
subsoil traveled beyond limits of disturbance. Once
landowner permission is granted the spoil will be
Spread H
retrieved from beyond the limits of disturbance via
SpreadH_09Apr2024_SN1 4/9/2024 No
hand tools and foot traffic only.
MP 239.8
A follow-up inspection was conducted on April 12,
2024. Landowner permission was granted and the
spoil was retrieved via hand tools and placed in
super-sacks. An excavator reached beyond the limits
of disturbance from within the limits of disturbance to
retrieve the super-sacks of spoil. Disturbed areas
beyond the limits of disturbance were seeded and
stabilized. Compliance was restored.
Spread B The Compliance Monitor conducted a routine field
SpreadB_10Apr2024_TT1 4/10/2024 Yes inspection of the right-of-way, erosion controls,
MP 43.1 vegetation, and slips from MP 43.1 to MP 43.7. The
4
Location
Follow-up
(Spread/
Date Required
Issued (Yes or
Milepost [MP]/
No)
County/State)
to Compliance Monitor observed additional movement

MP 43.7 of the slip near stream S-J44, but the stream has not
been impacted at this time. There was thin and
spotty vegetation through the section of the right-of-
way up to MP 43.3 and good vegetation coverage
beyond that to MP 43.7. All slip material was still
contained within the limits of disturbance and have
not impacted any sensitive environmental resources.
All erosion controls inspected were in good functional
condition with no sediment beyond the controls.
The Compliance Monitor conducted a follow-up
inspection of a slip beside access road MVP-LE-062.
Spread B Compliance Monitor that the landowner where this
SpreadB_10Apr2024_TT2 4/10/2024 No slip occurred did not want any additional ground
MP 45.3 disturbance to repair the slip. There is a soil roll in a
pasture from the slip. There are no sensitive
environmental resources near the slip and no trees
were impacted.
The Compliance Monitor conducted a routine field
inspection of the right-of-way and erosion controls at
Spread D
Station No. 6003+00 (north of access road MVP-NI-
SpreadD_11Apr2024_JW2 4/11/2024 Yes
141.01). The Compliance Monitor observed non-
MP 113.7
Project related rutting of wetland W-B26-PEM-2 and
cattle damage. Erosion controls remain in place.
Compliance Monitor that an Applicant problem area
report was issued due to stream impacts following a
Spread B heavy rain event. A heavy rain event caused one of
the slips near access road MVP-LE-076 to overtop
SpreadB_12Apr2024_TT2 4/12/2024 MP 59.9 Yes the super silt fence allowing sediment to enter stream
to S-PZ01. The stream was not blocked, and crews
MP 60.2 were mobilized to recover the slip material. There
was no new impact on stream S-H145 and no
significant movement of the other slips at this
location.
Compliance Monitor that a significant overnight rain
event (nearly 2 inches) caused flooding and debris to
be washed down onto the right-of-way at multiple
waterbody crossings. Waterbodies S-C38 and S-C39
were impacted by flood debris when a culvert under
Spread F Painters Run Road (several hundred feet east of the
right-of-way) clogged with flood debris which
SpreadF_12Apr2024_RD2 4/12/2024 MP 192.1 Yes overwhelmed the culvert and washed out Painters
to Run Road. This water then eventually made it to the
MP 194.8 right-of-way and deposited leaves, sticks, and gravel
throughout the right-of-way. Erosion controls were
overwhelmed and damaged by the flood water. At
waterbodies S-E40 and S-E42 (near Back Valley
Road) flood waters rose and deposited vegetation
and other debris onto the bridges and erosion
controls causing damage to the erosion controls.
5
Location
Follow-up
(Spread/
Date Required
Issued (Yes or
Milepost [MP]/
No)
County/State)
Flood waters were receding throughout the day. The

Lead Environmental Inspector stated that the crews
plan to work tomorrow and will attempt to repair these
areas if they are accessible.
The Compliance Monitor was notified that an
Applicant problem area report was written for rocks
rolling beyond the limits of disturbance at MP 238.4.
Spread H
A timber mat retaining wall built along the limits of
SpreadG_12Apr2024_SN1 4/12/2024 Yes
disturbance to prevent this occurrence failed during a
MP 238.4
heavy rain event. Once landowner permission is
granted and safer conditions exist, the rocks will be
retrieved. A follow-up inspection will be performed.
Compliance Monitor that an Applicant problem area
report would be prepared for impacts associated with
Spread G a leaking hydrostatic lake tank. The leak was due to
SpreadG_13Apr2024_MP1 4/13/2024 Yes a tear in the liner. Pumps and water trucks were
MP 204.5 working to collect the water. Turbid waters and
sediment left the right-of-way into adjacent pastures.
Once landowner permission is granted, the off right-
of-way sediment will be retrieved.
6
PROBLEM AREA REPORTS
Problem area reports record an observation where an area or activity does not meet the definition of
acceptable but is not considered a noncompliance. No problem area reports were issued by the
Compliance Monitors during this period.
7
NONCOMPLIANCE REPORTS
Noncompliance reports record an observation where an area or activity that violates (is not in compliance
with) the Project specifications, results in damage to resources, or places sensitive resources at
unnecessary risk. No noncompliance reports were issued by the Compliance Monitors during this period.
8
SUMMARY OF LEVEL 1 AND 2 VARIANCE REQUESTS
No Level 1 or Level 2 variance requests were approved during this reporting period.
9
SELECTED PHOTOGRAPHS OF OBSERVED ACTIVITIES
Spread E – Temporary erosion control devices were removed Spread F – Vegetated right-of-way (April 7, 2024) – MP
and replaced with new filter sock. Disturbed upland areas 156.7 – Acceptable
were seeded and mulched (April 7, 2024) – MP 129.6 –
Acceptable
Spread B – New movement of the slip (April 8, 2024) – MP Spread C – The installed erosion control devices at stream S-
55.4 – Communication JJ1 were in good condition and functional. There was no
foreign debris in the stream channel obstructing flow. The
vegetation was in good condition and no signs of erosion were
observed (April 8, 2024) – MP 71.8 – Acceptable
10
Spread D – Debris causing restricted water flow at stream S- Spread D – Vegetated right-of-way north of access road
A79 (April 8, 2024) – MP 99.0 – Communication MVP-NI-146 (April 9, 2024) – MP 116.3 – Acceptable
Spread H – Soil beyond the limits of disturbance (April 9, Spread H – Stable right-of-way at stream S-Y8 (April 9,
2024) – MP 239.8 – Communication 2024) – MP 245.4 – Acceptable
11
Spread B – New movement near stream S-J44 (April 10, Spread B – Soil roll in a pasture (April 10, 2024) – MP 45.3 –
2024) – MP 43.3 – Communication Communication
Spread G – The slope on the away-side of waterbody S-G32 Spread B – Erosion controls were in good functional
was stable with no erosion observed (April 10, 2024) – MP condition (April 11, 2024) – MP 44.6 – Acceptable
202.7 – Acceptable
12
Spread D – Non-Project related rutting and cattle damage at Spread B – Super silt fence overtopped and sediment in
wetland W-B26-PEM-2 north of access road MVP-NI-141.01 stream S-PZ01 (April 12, 2024) – MP 60.0 – Communication
(April 11, 2024) – MP 113.7 – Communication
Spread F – Painters Run Road flooding allowed debris to Spread H – Rocks migrated beyond the limits the disturbance
wash onto the right-of-way (Photo from the Lead (April 12, 2024) – MP 238.4 – Communication
Environmental Inspector) (April 12, 2024) – MP 194.7 –
Communication
13
Spread I – Stabilized right-of-way at stream S-CD1 (April 12, Spread A – The sediment barriers have been properly
2024) – MP 264.3 – Acceptable maintained (April 13, 2024) – MP 32.6 – Acceptable
14
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Document Accession #: 20240418-4000 Filed Date: 04/18/2024

FEDERAL ENERGY REGULATORY COMMISSION

MOUNTAIN VALLEY PROJECT

SUMMARY OF COMPLIANCE MONITOR REPORTS AND APPROVED VARIANCES FOR

• Spread E MP 128.2 to 154.5 – repair, maintenance, and reinforcement of erosion control

• Spread F MP 154.5 to 195.1 – repair, maintenance, and reinforcement of erosion control

• Spread G MP 195.1 to 227.3 – repair, maintenance, and reinforcement of erosion control

• Spread H MP 227.3 to 253.9 – repair, maintenance, and reinforcement of erosion control

• Spread I MP 253.9.3 to 303.1– repair, maintenance, and reinforcement of erosion control

SUMMARY OF COMMUNICATION REPORTS FOR THE MOUNTAIN VALLEY PROJECT

The Lead Environmental Inspector notified the

to Compliance Monitor observed additional movement

Flood waters were receding throughout the day. The

PROBLEM AREA REPORTS

SUMMARY OF LEVEL 1 AND 2 VARIANCE REQUESTS

SELECTED PHOTOGRAPHS OF OBSERVED ACTIVITIES

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