Comment to WVDEP on the Water Quality Impacts of the ACP

WVDEP has released for public comment the State 401 Water Quality Certification needed for the Atlantic Coast Pipeline (ACP). You can submit comments on the permit application through August 4, 2017. If you have questions, please contact Autumn Crowe,

See our Citizens Guide to Fracking Permits for information on State 401 Water Quality Certifications.

View ACP’s complete permit application (Permit number WQC-15-0010) on WVDEP website.


401 Water Quality Certification (WQC-15-0010): The 401 Water Quality Certification lacks critical information WVDEP needs to certify that the project will be able to meet WV’s Water Quality Standards. WVDEP must deem the application incomplete due to the following deficient information:

  • The total impacts are not quantified within the application. The field surveys are not complete. Total impacts to ephemeral, intermittent and perennial streams by watershed are not defined.
  • Impacts to sensitive resources, such as drinking water protection areas, trout streams, and karst terrain are not addressed within the application. Measures to avoid impacts to sensitive resources are needed for WVDEP to ensure the project will not violate stream’s designated use.
  • The proposed best management practices and sediment and erosion controls are deficient and inadequate; resulting in impairment and degradation of water resources and aquatic habitats.
  • No drainage areas or peak discharge calculations are included to satisfy requirements specified in the West Virginia Erosion and Sediment Control – Best Management Practices Manual.
  • Aquatic species have not been identified at the proposed stream crossing sites; therefore, there is no baseline data to determine the construction impacts on aquatic resources.
  • The Mitigation section of the application is incomplete. Completed forms for all stream and wetland impacts are not included and therefor the number of mitigation credits needed has not been determined. A mitigation plan for impacts to aquatic resources is not included.


  1. Comment at a public hearing July 31 in Upshur Co. or Aug 1 in Pocahontas Co.
  2. By email here:
  3. By mail referencing the permit number (WQC-15-0010) in your letter:

Director, Division of Water and Management, DEP
ATTN: Sharon Mullins, Permitting Section
601 57th Street SE
Charleston, WV 25304-2345

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