IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Roanoke Division

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Roanoke Division ) DOUG CHANCEY, ) MARIAN MOLLIN, and ) REBECCA SCHNEIDER ) ) Plaintiffs, ) ) v. ) Case No. 7:18CV199 ) VICKI CHRISTIANSEN ) Acting Chief, U.S. Forest Service ) 1400 Independence Ave., SW ) Washington, D.C ) ) and ) ) JOBY L. TIMM ) Supervisor, George Washington and ) Jefferson National Forest ) 5162 Valleypointe Parkway ) Roanoke, VA ) ) Defendants. ) ) COMPLAINT FOR INJUNCTIVE RELIEF COMES NOW the Petitioners, DOUG CHANCEY, MARIAN MOLLIN, and REBECCA SCHNEIDER (collectively, the Petitioners ) and file suit against Vicki Christiansen of the U.S. National Forest Service and Joby L. Timm of the George Washington and Jefferson National Park (collectively the Defendants ), on the grounds as hereinafter set forth. INTRODUCTION This matter arises from the design and construction of the Mountain Valley Pipeline through Federally-owned lands in western Virginia, which includes the massive clearing of forested land, and the decisions made by the National Forest Service ( the Forest Service ) to Page 1 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 1 of 8 Pageid#: 1

2 deny access to persons attempting to observe and protest the tree cutting and bring food and supplies to other persons already on-site. Those decisions by the Forest Service have both denied access to Federally owned public park land and unnecessarily restricted the First Amendment rights of those persons affected. PARTIES AND JURISDICTION 1. Petitioner Doug Chancey ( Mr. Chancey ) is a resident and native of Montgomery County, Virginia. He is a lifelong user of the hiking trails in the George Washington and Jefferson National Forest ( GWJ National Forest ), which stretches across the length of western Virginia and into neighboring states, such as West Virginia and North Carolina. 2. Petitioner Marian Mollin ( Ms. Mollin ) is a resident of Montgomery County, Virginia. She is a lifelong user of the hiking trails in the GWJ National Forest. 3. Petitioner Rebecca Schneider ( Ms. Schneider ) is a resident of Floyd County, Virginia. She is a lifelong user of the hiking trails in the GWJ National Forest. 4. Defendant Vicki Christiansen ( Ms. Christiansen ) is the acting Deputy Chief of the U.S. Forest Service, which administers the nation s national forests and grasslands, including the GWJ National Forest. 5. Defendant Joby L. Timm ( Supervisor Timm ) is the Supervisor of the GWJ National Forest and has served in that capacity at all times relevant hereto. He has issued the opinions and promulgated the regulations which are at issue in this proceeding. 6. Subject matter jurisdiction exists pursuant to 28 U.S.C and 28 U.S.C as this matter presents a federal question, and the remaining claims are so closely related to the federal question that they form part of the same case or controversy. 7. Venue and jurisdiction are proper in this Court pursuant to 28 U.S.C Page 2 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 2 of 8 Pageid#: 2

3 BACKGROUND 8. The Mountain Valley Pipeline ( MVP ) is a 303-mile natural gas pipeline extending from northwestern West Virginia to southern Virginia. It is owned by Mountain Valley Pipeline, LLC, which is a joint venture of major natural gas suppliers in the eastern United States. 9. The MVP crosses into Virginia in rural Giles County, and then continues across Montgomery, Roanoke, and Franklin Counties before eventually terminating in Pittsylvania County where it ties into the Transcontinental Pipeline. 10. A significant portion of the MVP s path in Giles County and Montgomery County is through and across the GWJ Forest. 11. The pipeline itself is designed to be 42 inches in diameter and requires a temporary easement of 125 feet during construction, which is the area of tree cutting, as well as a permanent easement of 50 feet following construction. 12. The natural gas which is being migrated through the MVP originates from the Utica and Marcellus shale deposits in western Pennsylvania. 13. In October 2015, the ownership of MVP filed a formal application with the Federal Energy Regulatory Commission ( FERC ) to construct the pipeline. 14. On October 13, 2017, FERC issued a Certificate of Public Convenience and Necessity for the MVP to proceed. Significantly, while this provided Federal approval for the pipeline, it did not preclude the Commonwealth of Virginia (or any state) from regulating the various aspects of the pipeline, including its impact on water quality and the overall environment. 15. Over the past three years, the MVP has garnered significant public interest and opposition which has led to protests, marches and numerous other acts of political expression. Page 3 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 3 of 8 Pageid#: 3

4 16. In early 2018, following FERC approval of MVP and the engineering of a proposed path, the owners of MVP began cutting trees along the MVP route. 17. In response to the tree cutting, certain members of the public (hereinafter the tree sitters ) began occupying trees or monopods in the path of the MVP with the intention of calling attention to the tree cutting. 18. At least three of these tree sitters were located on Peters Mountain in the GWJ National Forest, where the MVP crosses from Virginia to West Virginia. 19. At least one of those tree sitters, using the sobriquet Nutty, is located on Peters Mountain in Giles County. 20. Nutty has been living continuously in a monopod on a ridgeline of Peters Mountain known as Mystery Ridge, since on or about March 27, The area where she is residing is part of the GWJ Forest and, therefore, open to the public for recreational and other uses. She is lawfully present and not in violation of any Court order. 21. Numerous other persons have hiked up to Mystery Ridge, since March 27, 2018, in order to observe Nutty or otherwise express political speech regarding the tree-cutting which is about to occur in the GWJ Forest. 22. Mr. Chancey and Ms. Schneider have hiked up to visit Nutty on numerous occasions, both to express their concern for her and their overall opposition to the MVP and, in particular, the specified route across the GWJ Forest. 23. Mr. Chancey, Ms. Mollin, Ms. Schneider, and other supporters of Nutty have established a camp ground on Mystery Ridge in order to observe and communicate with Nutty while also monitoring the potential tree-cutting. Page 4 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 4 of 8 Pageid#: 4

5 24. In order to reach that campground, there is a gravel road named Pocahontas Road which accesses the GWJ on the Virginia (Giles County) side of Peters Mountain. It is approximately a 1-2-mile drive along that road to reach the location where Nutty and the campground are located. 25. On April 7, 2018, Supervisor Timm issued Order No , which was styled as The Revised Mountain Valley Pipeline Emergency Closure Order ( the April 7 th Order ), which is still in effect and posted at the camp site. A copy of the April 7 th Order is attached as Exhibit A. 26. The April 7 th Order is signed by Supervisor Timm and expressly promulgated under 16 U.S.C. 551 and 36 C.F.R (a) and (b). It does the following: See Exh. A. a. Forbids any persons to come within one hundred twenty-five (125) feet of the right of way area designated for MVP on Peters Mountain; b. Closes off Pocahontas Road accessing Mystery Ridge to any persons, except NFS personnel and pipeline employees; c. Establishes a First Amendment Expression Area at Caldwell Field Campground which is an area of the GWJ Forest located approximately ten (10) miles away from Mystery Ridge. 27. Both the purpose and effect of the April 7 th Order have been to (i) prevent persons to reach Nutty or bring her provisions, as she is running short of food, (ii) prevent supporters from hiking up the ridge to join other protesters and observers on Mystery Ridge, and (iii) restrict media access to observe activities on Mystery Ridge. 28. To wit, the April 7 th Order has forced persons entering the GWJ Forest along the Pocahontas Road to follow an overland trail, ironically dubbed the Public Safety Trail in order to reach Mystery Ridge. Page 5 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 5 of 8 Pageid#: 5

6 29. The Public Safety Trail runs parallel to the road accessing the ridge line, however, it traverses at least three streams and climbs up several steep embankments. There are fallen logs across the Public Safety Trail at various points. It is a physically challenging hike with several steep grades, which can lead to accidental falls. See photos of Mr. Chancey on the Public Safety Trail attached as Exhibit B. 30. The Public Safety Trail is haphazardly marked and walkers can easily wander off course (and into West Virginia). Meanwhile, a perfectly serviceable road carrying MVP employees is barely a hundred yards away. 31. The effect of the Public Safety Trail has been to deny access to the GWJ Forest, and specifically to the ridgeline on Peters Mountain where Nutty is located, i.e. Mystery Ridge, to all but the fittest and most experienced hikers. It also poses a continuing safety hazard by forcing park users into unmarked woods, when a gravel road is available for easy access. 32. Notably, the April 7 th Order (and the concomitant CFR section) has been cited by the Forest Service in arresting persons who are on Mystery Ridge attempting to speak with or bring supplies to Nutty. 33. All actions taken by Supervisor Timm in this matter are pursuant to his authority as an agent of the Forest Service. 34. The actions taken by Mr. Timm pose irreparable harm to Mr. Chancey, Ms. Mollin, and Ms. Schneider, and there is no adequate remedy at law available to them. COUNT I VIOLATION OF FIRST AMENDMENT (Ms. Christiansen and Mr. Timm) 35. Mr. Chancey, Ms. Mollin, and Ms. Schneider incorporate and restate the allegations of Paragraphs 1-34 as if fully set forth herein. Page 6 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 6 of 8 Pageid#: 6

7 36. The GWJ Forest is a Federal national forest owned by the United States taxpayer, not by any private corporation. It is the definition of a public venue. 37. The persons who are accessing the GWJ Forest in order to speak with Nutty or observe the tree cutting are exercising their First Amendment rights. 38. The April 7 th Order violates the First Amendment rights of Mr. Chancey, Ms. Mollin, Ms. Schneider, and others similarly situated, both on its face and as applied. Specifically, it fails to use the least restrictive means in its impact on Mr. Chancey, Ms. Mollin, and Ms. Schneider s freedom of speech and freedom of assembly as guaranteed by the First Amendment. It also represents an unreasonable burden on such expressions. 39. The Order is not a reasonable time, place, or manner restriction that serves an important government interest and does not leave open an adequate alternative place for First Amendment Speech Expression. 40. There is no showing of harm or threat to public safety from the presence of Mr. Chancey, Ms. Mollin, and Ms. Schneider or others on Mystery Ridge; rather the context of the Order is the embarrassment of the Forest Service and MVP from having Mr. Chancey, Ms. Mollin, and Ms. Schneider, and others observe the tree-cutting while speaking with and bringing provisions to Nutty. WHEREFORE, the Petitioners request temporary and permanent injunctive relief as follows: (i) a declaration that the April 7 th Order is invalid and unenforceable, and (ii) reopening the public access road to Mystery Ridge and the site where the campground are located. Petitioners seek their costs and attorney fees herein as well as such further relief as the Court may deem equitable. Page 7 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 7 of 8 Pageid#: 7

8 DOUG CHANCEY MARIAN MOLLIN REBECCA SCHNEIDER By: /s/ J. Chapman Petersen, Esq., VSB #37225 David L. Amos, Esq., VSB #87271 Abby Mulugeta, Esq., VSB #92424 CHAP PETERSEN & ASSOCIATES, PLC 3970 Chain Bridge Road Fairfax, VA Telephone Facsimile Counsel for Petitioners Tammy L. Belinsky, Esq., VSB # Pine Forest Road Copper Hill, VA Telephone Facsimile Counsel for Petitioners Page 8 of 8 Case 7:18-cv EKD Document 1 Filed 05/02/18 Page 8 of 8 Pageid#: 8

9 JS 44 (Rev. 06/17) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS Doug Chancer DEFENDANTS Vicki Christiansen Marian Mollin Joby L. Timm Rebecca Schneider (b) County of Residence of First Listed Plaintiff Montgomery County County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Chap Petersen & Associates, PLC 3970 Chain Bridge Road, Fairfax, VA (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange 195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts 362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE 3 Remanded from 4 Reinstated or 5 Transferred from 6 Appellate Court Reopened Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): U.S. Const. amend. I Brief description of cause: First Amendment Challenge to Order issued by US Forest Service CHECK IF THIS IS A CLASS ACTION DEMAND $ UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE SIGNATURE OF ATTORNEY OF RECORD Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER 05/02/2018 /David L. Amos/ FOR OFFICE USE ONLY :18CV199 RECEIPT # Case AMOUNT 7:18-cv EKD $400. Document APPLYING IFP 1-1 Filed 05/02/18 JUDGE Dillon Page 1 of 1 MAG. Pageid#: JUDGE 9

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13 Attachment 1 depicts the Closed Area along the Approved Pipeline Route in the vicinity of Mystery Ridge Road. Refer to Attachment 2 for the Closed Area along the Approved Pipeline Route in the vicinity of Brush Mountain Road. Refer to Attachments 3, 4 and 5 for the Closed Areas coinciding with the Mystery Ridge Road Segment and Pocahontas Road Segment. 196 PETER'S MOUNTAIN WILDERNESS "/ Appalachian Trail Tread Width Excluded from Closure Order "/ 197 "/ 198 "/ 199 Vicinity Map Sources: Esri, HERE, Garmin, USGS, Intermap, References Background data is ESRI NGS_Topo_US data, supplemented with Mountain Valley Pipeline project data and Forest Service Lands Status Records System ownership and boundary data. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. The USDA Forest Service makes no warranty to the accuracy of the approved pipeline route on non National Forest System lands. Any buffers shown on this map are for the purpose of depicting the area subject to the closure order and do not reflect the approved area of disturbance for the project Miles Legend 6 5 Milepost Tenth-mile Approved Pipeline Route Closed Area Appalach n Trail Appalach n Trail Tread excluded from Closure Order Administrative Forest Boundary National Wilderness Area National Forest System Lands Map Created: April 6, 2018 Copyright: 2013 National Geographic Society Attachment 1: Mountain Valley Pipeline Emergency Closure Order U.S. Forest Service Southern Region George Washington & Jefferson National Forest Copies of this map are available for public inspection in the Office of the Regional Forester, Southern Region, Atlanta, GA. Case 7:18-cv EKD Document 1-2 Filed 05/02/18 Page 4 of 8 Pageid#: 13 file location: T:/FS/NFS/WOLands/ALP/Project/R08/regional/MapProduct/Attachment1_MVP_Closure_ pdf

14 217 "/ "/ 218 Attachment 2 depicts the losed rea along the Approved Pipeline R. Refer to Attachments 3, 4 and 5 for the losed reas coinciding with the Mystery Ridge Road Segment and Pocahontas Road Segment. 219 "/ "/ 220 Brush Mountain Wilderness Brush Mountain (FSR 188) Brush Mountain FSR 188 excluded from Closure Order "/ 221 "/ "/ 222 Vicinity Map Sources: Esri, HERE, Garmin, USGS, Intermap, References Background data is ESRI NGS_Topo_US data, supplemented with Mountain Valley Pipeline project data and Forest Service Lands Status Records System ownership and boundary data. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. The USDA Forest Service makes no warranty to the accuracy of the approved pipeline route on non National Forest System lands. Any buffers shown on this map are for the purpose of depicting the area subject to the closure order and do not reflect the approved area of disturbance for the project Miles Legend 6 Milepost 5 Tenth-mile Approved Pipeline Route U.S. Forest Service Road Administrative Forest Boundary National Wilderness Area National Forest System Lands Map Created: April 6, 2018 Copyright: 2013 National Geographic Society Attachment 2: Mountain Valley Pipeline Emergency Closure Order U.S. Forest Service Southern Region George Washington & Jefferson National Forest Copies of this map are available for public inspection in the Office of the Regional Forester, Southern Region, Atlanta, GA. Case 7:18-cv EKD Document 1-2 Filed 05/02/18 Page 5 of 8 Pageid#: 14 file location: T:/FS/NFS/WOLands/ALP/Project/R08/regional/MapProduct/Attachment2_MVP_Closure_ pdf

15 Appalachian Trail Tread Width Excluded from Closure Order Attachment 3 depicts the Closed Area along the Mystery Ridge Road Segment and a portion of the Pocahontas Road Segment. Refer to Attachments 4 and 5 for the complete Closed Area coinciding with the Pocahontas Road Segment. Refer to Attachments 1 and 2 for the Closed Area along the Approved Pipeline Route Mystery Ridge (FSR 11080) End Point PETER'S MOUNTAIN WILDERNESS Mystery Ridge (FSR 11080) Mystery Ridge FSR will be closed from its intersection with Pocahontas FSR 972 to its endpoint at Peter's Mountain Wilderness Vicinity Map Sources: Esri, HERE, Garmin, USGS, Intermap, "J R 972) Pocahontas (FS References Background data is ESRI NGS_Topo_US data, supplemented with Mountain Valley Pipeline project data and Forest Service Lands Status Records System ownership and boundary data. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. The USDA Forest Service makes no warranty to the accuracy of the approved pipeline route on non National Forest System lands. Any buffers shown on this map are for the purpose of depicting the area subject to the closure order and do not reflect the approved area of disturbance Pocahontas FSR 972 will be closed from its intersection with Mystery Ridge FSR to its intersection with State Route 641 Legend "J Mystery Ridge (FSR 11080) Intersection with Pocahontas (FSR 972) Seasonal Gate Closed U.S. Forest Service Road Appalach n Trail Appalach n Trail Tread excluded from Closure Order Administrative Forest Boundary Copyright: 2013 National Geographic Society Attachment 3: Mountain Valley Pipeline Emergency Closure Order U.S. Forest Service Southern Region George Washington & Jefferson National Forest National Wilderness Area National Forest System Lands Case 7:18-cv EKD Document 1-2 Filed 05/02/18 Page 6 of 8 Pageid#: 15 for the project Miles Map Created: April 6, 2018 "J Copies of this map are available for public inspection in the Office of the Regional Forester, Southern Region, Atlanta, GA. file location: T:/FS/NFS/WOLands/ALP/Project/R08/regional/MapProduct/Attachment3_MVP_Closure_ pdf

16 Attachment 4 depicts the Closed Area coinciding with the Pocahontas Road Segment. Refer to Attachment 5 for the Appalachian Trail tread and Pocahontas Road Segment. Refer to Attachment 3 for the Closed Area coinciding with the Mystery Ridge Road Segment. Refer to Attachments 1 and 2 for the Closed Area along the Approved Pipeline Route. "J "J Mystery Ridge (FSR 11080) Intersection with Pocahontas (FSR 972) 972) Pocahontas (FSR Pocahontas FSR 972 will be closed from its intersection with Mystery Ridge FSR to its intersection with Clendennin Road "J Appalachian Trail Tread Width Excluded from Closure Order Pocahontas (FSR 972) intersection with Clendennin Road (State Route 641) Vicinity Map Sources: Esri, HERE, Garmin, USGS, Intermap, References Background data is ESRI NGS_Topo_US data, supplemented with Mountain Valley Pipeline project data and Forest Service Lands Status Records System ownership and boundary data. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. The USDA Forest Service makes no warranty to the accuracy of the approved pipeline route on non National Forest System lands. Any buffers shown on this map are for the purpose of depicting the area subject to the closure order and do not reflect the approved area of disturbance Legend "J Seasonal Gate Closed U.S. Forest Service Road Appalachian Trail Appalachian Trail Tread excluded from Closure Order Administrative Forest Boundary Closed Area National Wilderness Area Copyright: 2013 National Geographic Society Attachment 4: Mountain Valley Pipeline Emergency Closure Order U.S. Forest Service Southern Region George Washington & Jefferson National Forest Copies of this map are available for public inspection in the Office of the Regional Forester, Southern Region, Atlanta, GA. National Forest System Lands Case 7:18-cv EKD Document 1-2 Filed 05/02/18 Page 7 of 8 Pageid#: 16 for the project Miles Map Created: April 6, 2018 file location: T:/FS/NFS/WOLands/ALP/Project/R08/regional/MapProduct/Attachment4_MVP_Closure_ pdf

17 Attachment 5 depicts the Closed Area along the portion of the Pocahontas Road Segment where it coincides with the Applachian Trail tread. Refer to Attachment 1 and 2 for the Closed Area along the Approved Pipeline Route. Refer to Attachment 3 for the Closed Area coinciding with the Mystery Ridge Road Segment Refer to Attachment 4 for the Closed Area coinciding with the complete Pocahontas Road Segment. Pocahontas (FSR 972) Appalachian Trail Tread Excluded from Closure Order Pocahontas FSR 972 will be closed from its intersection with Mystery Ridge FSR to its intersection with Clendennin Road (aka State Road 641) Vicinity Map Sources: Esri, HERE, Garmin, USGS, Intermap, References Background data is ESRI NGS_Topo_US data, supplemented with Mountain Valley Pipeline project data and Forest Service Lands Status Records System ownership and boundary data. Disclaimer The USDA Forest Service makes no warranty, expressed or implied regarding the data displayed on this map, and reserves the right to correct, update, modify, or replace this information without notification. The USDA Forest Service makes no warranty to the accuracy of the approved pipeline route on non National Forest System lands. Any buffers shown on this map are for the purpose of depicting the area subject to the closure order and do not reflect the approved area of disturbance for the project Miles Legend Closed U.S. Forest Service Road Appalach n Trail Appalach n Trail Tread excluded from Closure Order Closed Area Administrative Forest Boundary National Forest System Lands Map Created: April 6, 2018 Copyright: 2013 National Geographic Society Attachment 5: Mountain Valley Pipeline Emergency Closure Order U.S. Forest Service Southern Region George Washington & Jefferson National Forest Copies of this map are available for public inspection in the Office of the Regional Forester, Southern Region, Atlanta, GA. Case 7:18-cv EKD Document 1-2 Filed 05/02/18 Page 8 of 8 Pageid#: 17 file location: T:/FS/NFS/WOLands/ALP/Project/R08/regional/MapProduct/Attachment5_MVP_Closure_ pdf

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