EPA v. ANTERO RESOURCES APPLACHIAN CORP (37 FACILTIES)

Case summary

On May 17, 2019, the United States filed an Unopposed Motion for Entry of Consent Decree entered with Antero Resources Corporation (Antero). The Consent Decree resolves violations under Section 301 of the Clean Water Act, ( CWA ) or Act+), 33 U.S.C. ' 1251, et seq., as a result of the unauthorized discharge of dredged and fill material into waters of the U.S. in violation of Section 404 of the CWA at Sites in Harrison, Doddridge and Tyler counties in West Virginia where Defendant has constructed well pads, compressor stations, impoundments, pipe crossings, access roads and other structures associated with Marcellus Shale natural gas extraction operations. Antero, a Delaware Corporation, holds 484,000 leasehold acres in the Marcellus Shale in West Virginia and Pennsylvania. EPA was first notified of Antero's discharging without a permit in violation of Section 404 of the CWA, 33 U.S.C. ' 1344, by the U.S. Army Corps of Engineers in 2010. The agreement settles violations at 32 Antero Sites, 15 of which were identified through self-audit. Each of the sites varies with regard to the extent of impacts to wetlands and streams. The unauthorized activities include: stream impoundments; filling wetlands and streams for compressor station pads; realigning and culverting stream reaches; failing to fully restore temporary impacts; and the deposit of dredged and fill material into wetlands via land clearing, grubbing, filling, rerouting and compacting and grading of jurisdictional waters and wetlands, impacting approximately 19,549 linear feet of streams and 4.145 acres of wetlands. As part of the settlement, Antero has agreed to pay a civil penalty of $3.15 million, perform restoration work at sites that can be restored, and perform mitigation work at a 50.5-acre permittee-responsible mitigation site known as the Bear Knob at a collective cost of approximately $8 million. The West Virginia Department of Environmental Protection (WVDEP) is a party to the Consent Decree.

Defendants (1)

• ANTERO RESOURCES APPLACHIAN CORPNamed in complaintNamed in settlement

Facilities (36)

• ANTERO RESOURCES - STEWART SITE

  COUNTY RTE 56 (BRUSHY FORK RD), NEW MILTON, WV, 26411

  Registry ID: 110064504068

• ANTERO RESOURCES CORPORATION - CLARKSBURG COMPRESSOR STATION

  0.5 MI NE OF COUNTY ROUTE 11/5 & WILSONBURG RD., CLARKSBURG, WV, 26301

  Registry ID: 110059780447

• ANTERO RESOURCES PRIMM DRILL PAD SITE

  OXFORD RD/ HWY 21, WEST UNION, WV, 26456

  Registry ID: 110055640846

• ANTERO RESOURCES CORPORATION - ROSSCO

  COUNTY HIGHWAY 9/5, CLARKSBURG, WV, 26301

  Registry ID: 110043719900

• ANTERO RESOURCES CORPORATION - WILLIAMS 10

  1.35 MI N OF COUNTY RD 9 & WILSONBURG RD., CLARKSBURG, WV, 26301

  Registry ID: 110059779949

• MATTHEY PAD

  COUNTY ROUTE 5/7, SALEM, WV, 26426

  Registry ID: 110043464774

• ANTERO RESOURCES CORPORATION - RITTER WELL PAD

  U.S. 50 AND COUNTY ROUTE 50/28, SALEM, WV, 26426

  Registry ID: 110055109449

• ANTERO RESOURCES CORPORATION - FIVE H

  0.4 MI NE OF COUNTY ROUTE 11/5 &WILSONBURG RD., CLARKSBURG, WV, 26301

  Registry ID: 110059779823

• ANTERO RESOURCES CORPORATION - MOSS EAST AND WEST

  0.2 MI SW OF ROUTE 9 AND COUNTY ROUTE 9/4, CLARKSBURG, WV, 26301

  Registry ID: 110059779850

• ANTERO RESOURCES CORPORATION- WILLIAMS 9

  1.2 MI N OF COUNTY RD. 9 & WILSONBURG RD. (CR11), CLARKSBURG, WV, 26301

  Registry ID: 110070566456

• ANTERO RESOURCES CORP - MARY POST WELL PAD

  COUNTY ROUTE 50/3, 0.3 MI NW OF COUNTY ROUTE 50/4, SALEM, WV, 26426

  Registry ID: 110043719875

• ANTERO RESOURCES CORPORATION - HURST SITE

  SOUTH OF COUNTY ROUTE 38/3 AND COUNTY ROUTE 38, LOST CREEK, WV, 26385

  Registry ID: 110043720391

• MATTHEWS PAD (CLARKSBURG, WV)

  COUNTY ROUTE 19/9, CLARKSBURG, WV, 26301

  Registry ID: 110043711962

• ANTERO RESOURCES CORPORATION - WILLIAMS 9

  1.2 MI N OF COUNTY RD. 9 & WILSONBURG RD., CLARKSBURG, WV, 26301

  Registry ID: 110059779967

• ANTERO RESOURCES CORPORATION - SPERRY 2

  1.3 MI NE OF COUNTY ROUTE 31/3 & JARVISVILLE RD., SALEM, WV, 26426

  Registry ID: 110059779887

• …and 21 more

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ANTERO RESOURCES APPLACHIAN CORP (37 FACILITIES)entered 2019-05-22

  Primary law: CWA

  Federal penalty: $1,575,000 · State/local: $1,575,000

Timeline (5 milestones)

• 2011-09-30Referred To Dept Of Justice
• 2011-10-03Enforcement Action Data Entered
• 2019-02-11Complaint Filed With Court
• 2019-02-11Final Order Lodged
• 2019-05-22Final Order Entered