1200 NewJersey Avenue. SE

Washington, DC 20590 

In Reply Refer to: HCR-20 

DOT# 2020-000 I 

JAN 2 1 2020 

Subject: Dismissal orComplaint DOT# 2020-0001 

Dear

This letter is to inform you that the Federal Highway Administration (FHWA) Office ofCivil 

Rights has determined that it will dismiss the above complaint, which alleges violations that may 

be related to Title VI ofthe Civil Rights Act of 1964, the U.S. Depa11ment ofTransportation 

(USDOT) Title VI implementation regulations at 49 C.F.R. Part 21 and/or FHWA's Title VI 

regulations at 23 C.F.R. Part 200 (hereinafter Title VI). Title VI prohibits discrimination on the 

basis ofrace, color, or national origin in programs and activities receiving Federal financial 

assistance. 

To be accepted for investigation, a complaint must meet the jurisdictional requirements provided 

by 49 C.F.R. § 21.11, as well as the legal standards discussed in the U.S. Department ofJustice 

Title VI Legal Manual. First, complaints must be filed within 180 calendar days ofthe alleged 

discriminatory act, unless the time for filing is extended by FHWA. Second, the matters must 

concern recipients of federal financial assistance for a program or programs authorized under a 

law administered by FHWA. Finally, the complaint must describe an alleged discriminatory act 

or acts that, if true, would fall under FHWA's jurisdiction and potentially violate FHWA's Title 

vr regulations. 

You allege that the West Virginia Department ofTransportation (WVDOn and the Jefferson 

County Commission discriminated against the descendents ofpeople buried at the Boyd Ca1ier 

Memorial Cemetery by allowing pipeline construction activites near the cemetery on Granny 

Smith Road in Kearneysville, WV. The Route 9 Extension is Mountaineer Gas Company's 4.85-

mile gas pipeline project. The West Virginia Department ofEnvironmental Protection issued a 

State General Water Pollution Permit to Mountaineer Gas on March 31, 2019. You allege that 

Mountaineer Gas damaged cemetery property and restricted access to the cemetery during 

construction activities on Granny Smith Road in April and May of2019. ln regard to WVDOT, 

you allege that the agency discriminated against the cemetery descendants by granting right-ofway access to the Route 9 Extension project. In regard to Jefferson County, you allege that the 

county failed to properly review the pipeline project and that it failed to keep accurate property 

records. 

After careful consideration, FHWA has determined the allegations and facts in your complaint 

do not meet the minimum criteria under which FHWA could establish a case ofdisparate impact 
under Title VI. The available information is insufficient to show that cemetery descendants were 

disparately impacted by a WVDOT program or activity. Furthem1ore, FHWA has determined that 

it does not have jurisdiction over the Jefferson County Commission because the Commission is not a 

recipient of financial assistance from the FHWA. For these reasons, the complaint will be dismissed 

by FHW A and closed with no further action. 

If you have any questions, please contact Nichole Mc Whorter at (202) 366-1396. 

Sincerely, 

f{�rler 

Title VI Team Leader 

Office of Civil Rights 

cc: Brain Hogge, Division Administrator, FHW A WV Division Office 

Barbara Breslin, Deputy Division Administrator, FHWA WV Division Office 

Jason Workman, Program Development Director, FHW A WV Division Office 

Jeff Robinette, Civil Rights/ROW Specialist, FHW A WV Division Office 

Jim Esselman, Senior Attorney-Advisor, FHW A Office of Chief Counsel 

Yvette Rivera, Associate Director, Equal Employment Opportunity Programs Division, 

Departmental Office of Civi I Rights 

Kevin Resler, National Title VI Program Coordinator, FHW A Office of Civil Rights 

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