Rick Webb

From: Golden, James (DEQ)

Sent: Thursday, September 07, 2017 10:47 AM
To: Davenport, Melanie (DEQ)
Subject: FW: Revised draft MOU
Attachments: ACP Monitoring MOA (BB track).docx; ACP Monitoring MOA (BB clean).docx; MVP
Monitoring MOA.docx

Any additional thoughts?  I would like to send to developers today or tomorrow. 
 
From: Bull, W.brandon (DEQ)  
Sent: Monday, August 28, 2017 2:24 PM 
To: Golden, James (DEQ) <James.Golden@deq.virginia.gov>; Thomson, Valerie (DEQ) 
<Valerie.Thomson@deq.virginia.gov> 
Cc: Davenport, Melanie (DEQ) <Melanie.Davenport@deq.virginia.gov>; Schneider, Jutta (DEQ) 
<Jutta.Schneider@deq.virginia.gov>; Jenkins, Angela (DEQ) <Angela.Jenkins@deq.virginia.gov> 
Subject: RE: Revised draft MOU 
 
James and Val, 
 
Attached are my suggested edits to the draft monitoring MOA. For the ACP MOA I’ve included both a tracked changes 
version and a clean version. The clean version might be an easier document to start with. For MVP I’ve included only a 
clean version (since there was no prior draft). Many of the suggested edits are to make the language in the draft MOAs 
closer to the Resources MOAs that were signed with the companies a couple of months ago since that is language all of 
the parties have previously seen and agreed to. 
 
Please let me know if you all have any questions about any of these proposed edits or need me to make any additional 
changes. 
 
Thank you, 
 
Brandon 
 
Brandon Bull 
Water Policy Manager 
Virginia Department of Environmental Quality 
(804) 698‐4092 
w.brandon.bull@deq.virginia.gov 
Website www.deq.virginia.gov 
 
From: Golden, James (DEQ)
Sent: Monday, August 28, 2017 9:26 AM
To: Bull, W.brandon (DEQ)
Cc: Davenport, Melanie (DEQ); Schneider, Jutta (DEQ)
Subject: FW: Revised draft MOU
 
Brandon, here is the latest draft of the monitoring MOU which includes the language for a no permit situation. 
 
Thanks. 
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From: Schneider, Jutta (DEQ)  
Sent: Friday, August 25, 2017 4:31 PM 
To: Golden, James (DEQ) <James.Golden@deq.virginia.gov> 
Subject: Revised draft MOU 
 
To reflect the recent USGS e‐mail.  Please let me know if you need anything else to move this forward – thanks! 
 
Jutta 
 
Jutta Schneider 
Director, Water Planning Division 
Department of Environmental Quality 
P.O. Box 1105, Richmond VA 23218 
Office (804) 698‐4099 
Mobile (804) 624‐7074 
 

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 MEMORANDUM OF AGREEMENT

This MEMORANDUM OF AGREEMENT ("Agreement") is made as of this __ day of _________, 2017 by

and between the COMMONWEALTH OF VIRGINIA, acting through its agency, the DEPARTMENT OF
ENVIRONMENTAL QUALITY ("DEQ"), and ATLANTIC COAST PIPELINE, LLC ("ACP").

WHEREAS, to ensure the protection of water quality and the environment, the Code of Virginia grants
authority to the State Water Control Board and DEQ to administer and enforce the State Water Control Law (§§
62.1-44.2 et seq.);

WHEREAS, ACP’s proposed natural gas transmission pipeline project (“ACP Project”) will transect the
Commonwealth of Virginia;

WHEREAS, the Code of Virginia authorizes the State Water Control Board to require the provision of
information as may be necessary to accomplish the purposes of the State Water Control Law;

WHEREAS, due to the size, length and geographic scope of the proposed ACP Project, DEQ has
determined it is necessary, in collaboration with its partner, the United States Geological Survey (“USGS”), to
supplement its existing water quality monitoring effort by monitoring water quality conditions in the vicinity of
seven (“7”) proposed stream crossings near the proposed ACP Project on a continuous, near real time basis.

AGREEMENT

NOW, therefore, in consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, DEQ and ACP agree as follows:

1. Monitoring Locations. DEQ, in coordination with USGS, will establish fourteen (“14”) monitoring stations
in the vicinity of seven (“7”) proposed stream crossings along the path of the proposed ACP Project. Two
(“2”) monitoring stations will be established at each proposed stream crossing, one upstream and one
downstream of each monitored proposed stream crossing.
• A table and map of proposed and alternate monitoring sites is included as Attachment 1. Commented [WBB1]: Need to insert the map.
• Should there be a need to replace a primary monitoring site, alternate sites will be selected by
DEQ and USGS to maintain the number of monitored proposed stream crossings at seven (“7”).

2. Monitoring Period. The monitoring period is anticipated to encompass the time from September 1, 2017
through April 30, 2019. To establish a baseline of water quality conditions, monitoring is expected to
begin in the fall of 2017. Monitoring would also be performed during and after construction, if the ACP
Project is constructed.

3. Water Quality Monitoring Frequency and Parameters. At each of the fourteen (“14”) monitoring stations,
USGS will install and maintain a suite of continuous water-quality monitoring instruments. Each
monitoring station will consist of a continuous water-quality monitor, datalogger/telemetry unit, and a
solar-charged DC power supply. The water-quality monitor will include sensors to measure water
temperature, specific conductance, and turbidity; optionally, sensors to measure pH and dissolved oxygen
may be added. Some stations will also include water-level sensors to provide hydrologic context for
water-quality observations. The USGS proposed Scope of Work is included as Attachment 2. Commented [WBB2]: Need to attach the Scope of Work.

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4. Operation of the Monitoring Program. USGS is an international leader in hydrologic data collection and
interpretation, and as such has developed thorough protocols for the collection of defensible and
unbiased data.
• Continuous water-quality monitors will be operated in accordance with Wagner and others (2006)
and water-level sensors will be operated in accordance with Sauer and Turnipseed (2010).
• In summary, stations will be visited on an approximately monthly interval for servicing of the
water-quality instruments. During these visits, instruments performance will be evaluated to
measure sensor fouling and calibration drift, and to clean and calibrate sensors as needed based
on the results of these evaluations. Any fouling or drift in exceedance of the thresholds defined in
the above referenced methods will be corrected in the dataset.
• In addition to these routine visits, intermediate visits will be made as necessary to correct
excessive fouling or other malfunctions detected in the real-time data.
• Upon initiation of the proposed ACP Project, USGS and DEQ monitoring staff will participate in all
necessary project safety briefings and will coordinate with a designated ACP representative
regarding site access.
• Upon initiation of the proposed ACP Project, ACP will include USGS and DEQ monitoring staff in all
necessary project safety briefings and will provide the name and contact information of the ACP
representative regarding site access

5. Ownership and Use of Data. DEQ and USGS will be the owners of the water quality data generated
pursuant to this Agreement. All data will be published online in accordance with USGS Fundamental
Science Practices, as well as on the DEQ website. Notwithstanding DEQ and USGS ownership rights, ACP
may use the data for any purpose. DEQ shall make all data available to ACP. The data may be made
publicly available by either party. DEQ, in coordination with USGS, shall provide ACP with access to the
real-time data portal as soon as the data portal has been established.

6. ACP Funding. Within thirty (“30”) days of the effective date of this Agreement, ACP shall provide to DEQ a
payment equal to $692,000 to cover the entirety of the monitoring program from September 1, 2017
through April 30, 2019 as described below:

• 14-station network start-up cost = $287,000

• 20-month network operation and maintenance cost = $566,000
• USGS instrument savings = - $161,000
Total funding to cover monitoring program Sept 1, 2017 through April 30, 2019: $692,000

7. Unspent Funds. DEQ agrees that any unspent funds shall be refunded by DEQ to ACP within thirty (“30”)
days after DEQ makes the final payment to USGS. At the conclusion of the monitoring program, or if the
proposed ACP Project is not constructed, DEQ will return to ACP the amount of any unspent funds as well
as a financial reporting of funds spent. The minimum funding obligation under this agreement shall be
$240,000, which includes: (1) establishment (equipment and construction) of fourteen (“14”) monitoring
locations; (2) monitoring and monthly maintenance for three (“3”) months (September, October, and
November 2017); and (3) deconstruction of monitoring sites (if the ACP Project is not constructed).

8. Additional Monitoring Activities. Additional monitoring activities during the same monitoring period and
at the same locations will include identification of benthic macroinvertebrate and fish community
assemblages, as well as grab sample monitoring for petroleum constituents (Petroleum ID and Quantity in
Water, PIDW). These activities will be funded from other funding sources. The comprehensive monitoring
plan can be found on DEQ’s website and is included as Attachment 3. Commented [WBB3]: Need to insert (if we’re going to include
this).

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9. Termination and Modification. This Agreement shall be effective upon its execution by both Parties and on
the date specified, and shall terminate on April 30, 2019 unless terminated earlier by either Party with ninety
(“90”) days notice or renewed at the discretion of the Parties. ACP or DEQ may at any time request to modify
this Agreement by written notice.

10. No Third Party Beneficiary. This Agreement shall not be construed to create any third party beneficiary
rights.

11. No Admission. This Agreement does not constitute an admission of fact, law, or liability on the part of
ACP.

12. Notice. Any such notices, requests or other communications required or permitted to be given shall be in
writing, and, unless otherwise specified, shall be delivered by hand, nationally recognized courier (such as
Federal Express) which maintains a record or receipt of delivery, or mailed by United States registered or
certified mail, return receipt requested, postage prepaid and addressed to each party at its address as set
forth below:

To DEQ: Valerie Thomson

Director of Administration
Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

To ACP: Commented [WBB4]: Need to insert.

Any such notice, request or other communication shall be considered given or delivered, as the case may
be, on the date of hand or courier delivery, or on the third day following deposit in the United States mail
as provided above. Rejection or other refusal to accept or inability to deliver because of changed address
of which no notice was given shall be deemed to be receipt of the notice, request or other
communication. By giving at least five (“5”) days prior written notice thereof, any party may from time to
time, at any time, change its mailing address hereunder.

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Witness the following duly authorized signatures:

Commonwealth of Virginia by the

Virginia Department of Environmental
Quality

By:
Title: Director

Date:

Atlantic Coast Pipeline, LLC

By:
Title:

Date:

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Attachment 1. Proposed and alternate monitoring sites

Seven (“7”) stream crossings proposed (Back Creek/Warwick Creek, Cowpasture River, Ramseys Draft, White
Oak Run, Middle River, SF Back Creek, Spruce Creek), two (“2”) monitoring sites per crossing. The two (“2”)
alternate sites include Jennings Branch and SF Rockfish River.

Stream Segment Comment County

Back Creek/Warwick Creek Drains several Wild Trout streams.
(above and below proposed crossing) Good site to detect disturbance. Highland
Public access.
Cowpasture River Good site to detect disturbance.
(above and below proposed crossing) Bath
Public access.
Ramseys Draft Wild trout stream.
(above and below proposed crossing) Good site to detect disturbance. Augusta
Public access.
White Oak Run Good Wild Trout stream.
(above and below proposed crossing) Good site to detect disturbance. Augusta
Public access.
Middle River Public Water Supply
(above and below proposed crossing) Good site to detect disturbance. Augusta
 Jennings Branch is an alternate
SF Back Creek Near good Wild Trout stream.
(above and below proposed crossing) Good site to detect disturbance. Augusta
Public access.
Spruce Creek Near good Wild Trout stream.
(above and below proposed crossing) Good site to detect disturbance.
Nelson
Public access.
 SF Rockfish River is an alternate

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Attachment 2. USGS Scope of Work

Attachment 3 (optional). Comprehensive Monitoring Plan