Pag e 1

IN THE UNITED STATES DISTRICT COURT FOR THE NOR THERN DISTRICT OF WEST VIRGINIA AT WHEELING
WEST VIRGINIA RIVERS COALITION, WEST VIRGINIA HIGHLANDS CONSERVANCY, OHIO VALLEY ENVIRONMENTAL COALITION, and, SIERRA CLUB

Plaintiffs,

v. CIVIL ACTION NO.
OHIO POWER COMPANY, KENTUCKY POWER COMPANY and AEP GENERATION RESOURCES INC., d/b/a/ AMERICAN ELECTRIC POWER

Defendant.

CONSENT DECREE

Recitals

1. On November 7, 2013, Plaintiffs West Virginia Rivers Coalition, West Virginia Highl ands Conservancy, Ohio Valley Environmental Coalition, and Sierra Club (collectively, Plaintiffs) sent by certified letter to American Electric Power (AEP), the U.S. Environmental Protection Agency (U.S. EPA), and the West Virginia Department of Environmen tal Protection (WV DEP), a notice of alleged violations under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (also referred to as the Clean Water Act or CWA), occurring at the Kammer and Mitchell Power Plants in Moundsville, West Virginia (Kammer Plant and Mitchell Plant, respectively).

2. AEP responded to the notice letter and met with Plaintiffs on January 17, 2014, to discuss the allegations and provide additional information concerning major changes in the operations at the Kammer Plant and Mitchell Plant, the status of its appeal of WV NPDES Permit No. WV0005304, the action plans submitted to and the administrative compliance orders issued by WV DEP, and the progress in making improvements in the quality of the water discharges at the Kammer Plant and the Mitchell Plant. Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 1 of 17 PageID #: 26Pag e 2

3. On January 1 , 2014, in accordance with orders from the Public Utilities Commission of Ohio to separate its generating business from its regulated utility operations and serve its load through the competitive power markets within PJM Interconnection, LLC, Ohio Power Co mpany transferred its ownership interests in the Kammer and Mitchell Plants to AEP Generation Resources Inc. (AEPGR), and on the same day Kentucky Power Company (KPCo) acquired an undivided one

- half interest in the Mitchell Plant from AEPGR. Pursuant to a n operating agreement approved by the Federal Energy Regulatory Commission, KPCo is now the operator of the Kammer and Mitchell Plants. AEPGR, KPCo and Ohio Power Company are all affiliated with and do business as AEP.

4. On August 1 , 2014, Plaintiffs filed their Complaint in this action alleging that, notwithstanding the issuance of administrative orders by WV DEP extending the compliance schedule for achieving final ef fluent limitations at Outlet 004 at the Kammer Plant and Outlet 004 at the Mitchell Plant, AEP violated the terms of the Kammer NPDES Permi t and the Mitchell NPDES Permit.

5. Based on the negotiations of the Parties, simultaneously with the filing of the Complaint, the Parties lodged this Consent Decree with the Court.

6. The Parties rec ognize, and the Court by entering this Consent Decree finds, that the Consent Decree has been negotiated by the Parties in good faith and will avoid further litigation by the Parties, and that this Decree is fair, reasonable, and in the public interest.

7. By entering into this Consent Decree, Defendan ts do not admit any fact, conclusion of law, or liability alleged in the notice l etter or the Complaint, and do not waive any defenses to the allegations therein.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGE D AND DECREED as follows: Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 2 of 17 PageID #: 27Pag e 3

J urisdiction and Venue

8. This Court has jurisdiction over the Parties and over the subject matter of the action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1365 (CWA citizen suit provision).

9. Ven ue is proper in the Nor thern District of West Virginia pursuant to 33 U.S.C. § 1365(c) because the source of the alleged violations of the CWA is located in the Nor thern District of West Virginia.

10. For purposes of the administration or enforcement of thi s Consent Decree, the Parties consent to the jurisdiction of this Court and venue in this judicial district.

Parties Bound

11. The provisions of this Consent Decree apply to and are binding upon the Plaintiffs and those with authority to act on their behal f, including, but not limited to, their officers, directors, and staff, and upon Defendant s and their successors or assigns.

12. If, during the term of this Consent Decree, ownership of the Kammer or Mitchell Plant is transferred to another entity, Defenda nt shall provide a copy of this Consent Decree to the proposed transferee, and require the transferee to provide written confirmation to the Court acknowledging the terms of this Consent Decree and its obligation to be bound thereby, whereupon one or more of Defendant s shall no longer be subject to t he terms of this Consent Decree as set forth in the written confirmation provided to the Court.

Definitions

13. Whenever the terms set forth below are used in this Consent Decree, the following definitions shall apply:

a. “ Complaint ” shall mean the complaint filed by Plaintiffs in this matter on A ugust 1 , 2014. Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 3 of 17 PageID #: 28Pag e 4

b

. “ Conner Run Impoundment ” shall mean the fly ash surface impoundment that receives fly ash from the Kammer and Mitchell Plants.

c. “ Conner Run Impoundmen t NPDES Permit ” shall mean WV NPDES Permit No. WV00116939, effective on April 1, 2014.

d. “ Consent Decree ” shall mean this Consent Decree filed simultaneously with the Complaint.

e

. “ Defendant s ” shall mean AEPGR, Ohio Power Company, and KPCo , and their successors and assigns.

f

. “ Effective Date ” shall mean the date this Consent Decree is issued as a final order of the Court, or the date a motion to enter this Consent Decree is granted by the Court, whichever occurs first, as recorded on the docket in th is matter.

g

. “ Force Majeure Event ” shall mean an event that has been or will be caused by circumstances beyond the control of Defendant s or any entity controlled by Defendant s that delays compliance with or otherwise causes a violation of any provision of this Consent Decree despite Defendant s ’ best efforts to fulfill the obligation. The Parties agree
that, depending on the circumstances related to such an event, and Defendant s ’ response to such circumstances, the kinds of events listed below are among those that could qualify as Force Majeure Events within the meaning of this Consent Decree: construction, labor, or equipment delays; malfunction of a unit or treatment system; unanticipated interruptions or delays in deliveries of treatment additives; acts of God; acts of war or terrorism; orders by a governmental official, regional transmission operations official, or other regulatory authority acting under and authorized by ap plicable law, that directs Defendant to operate a unit or units at Kammer or Mitchell Plant in response to a local or system

- wide (state or regional) emergency (which could include unanticipated operation to avoid loss of load or Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 4 of 17 PageID #: 29Pag e 5

to meet unserved load requ irements). “ Best efforts to fulfill the obligation ” include using best efforts to anticipate any potential Force Majeure Event and best efforts to address the effects of any such event as it is occurring or after it has occurred to prevent or minimize

any resulting delay to the extent possible. “ Force Majeure Event ” does not include

Defendants ’ financial inability to perform any obligation under this Consent Decree.

h

. “ Kammer Compliance Deadline ” shall mean the date that is six months after the

issuance of a modified permit that adjusts the limitation for total recoverable iron at Outlet 004, or December 31, 2014, whichever is earlier.

i

. “ Kammer NPDES Permit ” shall mean WV NPDES Permit No. WV0005291.

j

. “ Kammer Plant ” shall mean the Kammer Power Plant located in Moundsville, West Virginia.

k

. “ Mitchell Compliance Deadline ” shall mean November 15, 2014.

l

. “ Mitchell NPDES Permit ” shall mean WV Permit No. 0005304 as in effect prior to Apri l 1, 2014.

m

. “ Mitchell Plant ” shall mean the Mitchell Power Plant located in Moundsville, West Virginia.

n

. “ Parties ” shall mean Plaintiffs and Defendant, and “ Party ” shall mean either

Plaintiffs or Defendant.

o

. “ Plaintiffs ” shall mean the West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Ohio Valley Environmental Coalition, and Sierra Club, and those with Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 5 of 17 PageID #: 30Pag e 6

authority to act on their behalf, including, but not limited to, their officers, directors, and staff.

P rospective Injunctive Relief

– Kammer Plant

14. Defendant AEPGR shall achieve compliance with the applicable limitations for total recoverable iron a t Outlet 00 4 by the Kammer Compliance Deadline

.

15. Defendant AEPGR shall cease providing electric service from the three generating unit s at the Kammer Plant no later th an December 31, 2015.

16. Defendant AEPGR shall cease sluicing fly ash from the generation of electricity at the three generating units at the Kammer Plant to the Conner Run Impoundment no later than December 31, 2015.

Prospective Injunctive Relief

– Mitc hell Plant

17. Defendants AE P GR and KPCo shall complete the transition from wet fly ash handling to dry fly ash handling at the two generating units at the Mitchell Plant according to the following schedule:

a. Mechanical Systems Construction Begins: Apri l 1, 2014

b. Electrical Systems Construction Begins: April 1, 2014

c. Transition from Wet to Dry Fly Ash Begins: August 15, 2014

d. Fly Ash Outlet 001 Compliance: November 15, 2014

18. Defendants AEPGR and KPCo shall conduct monitoring to evaluate the abundance and diversity of aquatic life in Conner Run below the discharge of the Conner Run Impoundment at Outlet 001 in the Conner Run Impoundment NPDES Permit during t he period of July

- September, 20 14, in accordance with the study plan attached hereto as Exhibit A. Copies of the raw data Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 6 of 17 PageID #: 31Pag e 7

collected during the study period shall be provided to Counsel for Plaintiffs within one hundred twenty (120) days of completion of the sampling and other activities required by the plan.

Mitigation Payment

1 9

. Defendan ts shall pay for mitigation activities to improve, conserve and protect natural resources in the State of West Virginia by providing mitigation funding in the amount of $ 38,250 for the land acquisition, restoration and/or conservation activities of the Wes t Virginia Land Trust.

20

. Payment of the amount due to the West Virginia Land Trust shall be made by Defendant s within thirty (30) days of the Effective Date of this Consent Decree. Payment shall be made by wire transfer in accordance with the instruct ions provided by Plaintiffs to Defendant s , and confirmation of the payment shall be provided to Counsel for Plaintiffs in accordance with the notice provisions of the Consent Decree.

Civil Penalty 21. Defendant shall pay a civil penalty amount of $4 , 250 to the United States as set forth in paragraph 18 below. Together with the Mitigation Payment set forth above, the payment of this civil payment is made in settlement of all of Plaintiffs’ claims in this action under the CWA for violations occurring prio r to the Effective Date of this Consent Decree.

22. Defendants shall pay the civil penalty due the United States Treasury within thirty (30) days of the Effective Date of this Consent Decree. That payment shall be made by certified check, bank check, or money order to the Treasurer of the United States and should be sent to the following address: Debt Collection Specialist, Environment and Natural Resources Division, Executive Office, PO Box 775, Ben Franklin Station, Washington, D.C. 20044

- 7754. The ch eck or money order shall reference West Virginia Rivers Coalition v. Ohio Power Company, et al. , Civil Action No. _____ and payment shall be considered paid upon mailing or direct delivery to the specified address. A copy of the check and cover letter sha ll be sent to Plaintiffs at the time payment is made, and shall state that payment is being made pursuant to this Decree. Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 7 of 17 PageID #: 32Pag e 8

Stipulated Penalties

– Kammer Plant

23

. Defendan t AEPGR shall be liable for stipulated p enalties in the following amounts if it fails to achieve and maintain com pliance with the applicable limi tations for total recoverable iron at Outlet 004 in the Kammer NPDES Permit at any time after the Kammer Compliance Deadline:

a. $1,500 per exceedance for the daily maximum limitati on for tot al recoverable iron ;

b. $3,000 per exceedance of the monthly average li mitation for total recoverable iron

.

24

. In any month during which Defendant AEPGR collects a single sample and the concentration exceeds both the maximum daily limitation and the mont hly average limitation for a single parameter, Defendant AEPGR shall be liable for stipulated penalties for an exceedance of both the daily maximum and monthly average limitation. However, if Defendant AEPGR resamples in an effort to investigate and mitig ate the impact of an exceedance, no additional penalties shall be assessed during that month unless the subsequent sample exceeds the maximum daily limitation.

25 . Defendant AEPGR shall be liable for Stipulated Penalties in the amount of $8,000 per day for any day after December 31, 2015, that fly ash from the generation of electricity at any of the generating units at the Kammer Plant is sluiced to the Conner Run Impoundment.

26

. Defendant AEPGR shall notify Counsel for Plaintiffs of any event that would t rigger the obligation to pay S tipul ated P enalties pursuant to this Consent Decree thirty days following the end of each calendar quarter (i.e., April 30, July 30, October 30, and January 30), based on a review of the electronic discharge monitoring reports submitted to WV DEP during the prior calendar quarter and other records . Payments shall be made within thirty (30) days following the date notice is given the Plaintiffs ’ Counsel by wire transfer to the West Virginia Land Trust in the accordance

with the instructions provided by Plaintiffs to Defendant, and confirmation of the payment shall be provided to Counsel for Plaintiffs in accordance with the notice provisions of the Consent Decree. Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 8 of 17 PageID #: 33Pag e 9

Stipulated Penalties

– Mitchell Plant

27

. Defendants AEPGR and KPCo shall be liable for Stipulated Penalties in the amount of $8,000 per day for any day after November 15, 2014, that fly ash from the generation of electricity at any of the generating units at the Mitchell Plant is sluiced to the C onner Run Impoundment.

28

. Defendants AEPGR and KPCo shall notify Counsel for Plaintiffs of any event that would trigger the obligation to pay Stipulated Penalties pursuant to this Consent Decree thirty days following the end of each calendar quarter (i.e. , April 30, July 30, October 30, and January 30), based on a review of the operating records maintained during the prior calendar quarter. Payments
shall be made within thirty (30) days following the date notice is given the Plaintiffs ’ Counsel by

wire tr ansfer to the West Virginia Land Trust in the accordance with the instructions provided by Plaintiffs to Defendant, and confirmation of the payment shall be provided to Counsel for Plaintiffs in accordance with the notice provisions of the Consent Decree.

Fees and Costs

29

. Within thirty (30) days of the Effectiv e Date of this Consent Decree, D efendant s shall pay $7,500 in full consideration and settlement of any claim of Plaintiffs for attorneys ’ fees and costs incurred by Plaintiffs up to the Effective Da te of the Consent Decree.

Release of Claims and Reservation of Rights

30

. This Consent Decree resolves all civil claims of Plaintiffs for the violations alleged in the notice letter, the Complaint, and any alleged violations of the maximum daily limitation s or monthly average limitations for total recoverable iron from Outlet 004 in the Kammer NPDES permit that occur prior to the Kammer Compliance Deadline. This Consent Decree resolves all civil claims of Plaintiffs for the violations alleged in the notice letter, the Complaint, and any alleged violations of narrative water quality criteria, and the maximum daily limitations or monthly average limitations for cadmium, aluminum, and chronic toxicity ( ceriodaphnia and pimephanes) from Outlet 004 in the Mitche ll NPDES Permit or Outlet 001 in the Conner Run Impoundment NPDES Permit that occur prior to the Mitchell Compliance Deadline. Plaintiffs shall not seek any Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 9 of 17 PageID #: 34Pag e 10

remedies under the CWA for alleged violations of the total recoverable iron limitations at Outlet 004 of the Kammer Plant , or for alleged violations of narrative water quality criteria or the cadmium, aluminum, chronic toxicity limitations at Outlet 001 of the Conner Run Impoundment NPDES Permit while this Consent Decree remains in effect, other than t he remedies set forth in this Consent Decree.

31

. Nothing in this Consent Decree relieves Defendan ts of their obligations to comply with applicable federal, state, or local laws, regulations, or permits.

32

. Nothing in this Consent Decree prevents Defenda nt s from seeking regulatory changes, permit modifications, or other relief that would af fect the limitations in the Kammer, Mitchell or Conner Run Impoundment NPDES P ermit s

.

3 3

. N othing in this Consent Decree prevents Plaintiffs from opposing regulatory ch anges, permit modifications, or other relief that would affect th e limitations in the Kammer, Mitchell, or Conner Run Impoundment NPDES Permit s , except that no such challenges brought before a regulatory or judicial adjudicator shall be based on the inform ation provided by Defendants pursuant to Paragraph 18. Plaintiffs agree that information provided by Defendants pursuant to paragraph 18 shall be kept confidential among employees, staff, and counsel of the Plaintiffs organizations.

34

. This Consent Dec ree shall not be construed to create rights in, or grant any cause of action to, any third party not a Party to this Consent Decree.

Force Majeure

35

. If any event occurs or has occurred that may delay or impede the performance of any obligation of Defenda nt s under this consent Decree, whether or not caused by a Force Majeure Event, Defendant s shall provide notice orally or by electronic mail to Plaintiffs ’ Counsel within five (5) business days of when D efendant s first knew that the event might cause or delay or interruption in performance. Within fourteen (14) days thereafter, Defendant s shall provide a written explanation of the event, the anticipated impact of the event on Defendants ’ obligations Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 10 of 17 PageID #: 35Pag e 11

including any estimate of the duration of any potential delay, and any actions taken or to be taken to prevent or minimize such delay.

36

. If Plaintiffs agree that the event is a Force Majeure Event, Defendants ’ time for performance of any obligations affected by the F orce Majeure Event will be extended for such time as is necessary to address or mitigate the impact of the Force Majeure Event. An extension of time for performance due to a Force Majeure Event shall not, of itself, extend the time for performance of any other obligations of Defendants under this Consent Decree. Plaintiffs will notify Defendant s in writing within five (5) business days of receipt of the written explanation from Defendant s of the length of the extension, if any, for performance of the obli gations affected by the Force Majeure Event.

37

. If Plaintiffs do not agree that the delay or impairment of Defendants ’ ability to perform its obligation is the result of a Force Majeure Event, Plaintiffs will notify Defendant s of their determination withi n five (5) business days of its receipt of the written explanation from Defendant s . Any dispute between the Parties regarding a cl aim of a Force Majeure Event will be resolved by th e Court in accordance with the dispute r esolution provisions of this Conse nt Decree.

Dispute Resolution

3 8

. The dispute resolution procedure can be invoked by either Party giving written notice to the other Party advising of the existence of a dispute pursuant within thirty (30) days of discovery of an area of dispute. The notic e shall describe the nature of the dispute and shall state the noticing Party's position wi th regard to such dispute. The P arty receiving such a notice shall acknowledge receipt of the notice, and the Parties shall expeditiously schedule a meeting or telep hone conference to discuss the dispute informally not later than fourteen (14) days following receipt of such notice.

39

. Disputes submitted to dispute resolution under this Section shall, in the first instance, be the subject of informal negotiations amo ng the Parties. Such period of informal negotiations shall extend for thirty (30) calendar days from the date of the first meeting among the disputing Parties' representatives, unless they agree in writing to shorten or extend this period. Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 11 of 17 PageID #: 36Pag e 12

40

. If the Par ties are unable to resolve the dispute through the informal process described above, the disputing P arty waives its rights to further dispute the issue unless it files a petition or other filing with the Court describing the dispute and serves it on the ot her Party within sixty (60) days after the informal resolution period ends. The other Party shall have forty

- five (45) days after the receipt of the petition to file and serve a written response. The filing Party will then have fifteen (15) days to file a reply.

41

. As part of the resolution of any dispute, in appropriate circumstances the Parties by agreement, or this Court by order, may extend or modify the schedule for the completion of the activities required under this Consent Decree to account for th e delay that occurred as a result of dispute resolution , or may excuse non

- compliance with any other requirement of this Consent Decree due to a Force Majeure Event. Defendant s shall not be precluded from asserting that a Force Majeure Event has caused or may cause a delay in complying with the extended or modified schedule or has resulted in non

- compliance with any other requirement of this Consent Decree, except as otherwise provided for in this Consent Decree.

42

. The Parties' sole and exclusive remedy for breach of this Agreement shall be an action for specific performance or injunction. In no event shall any Party be entitled to monetary damages for breach of this Agreement.

Notices

43

. Unless otherwise provided herein, whenever notifications, submiss ions, or communications are required by this Consent Decree, they shall be made in writing and addressed as follows:

To Plaintiffs: J. Michael Becher, Esq. Appalachian Mountain Advocates P.O. Box 507 Lewisburg, WV 24901 (304) 382

- 4798 mbecher@appalmad.org

To Defendant: Janet J. Henry Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 12 of 17 PageID #: 37Pag e 13

American Electric Power Service Corporation 1 Riverside Plaza Columbus, OH 43215 (614) 716

- 1612 jjhenry@aep.com

Effective Date

4 4

. This Consent Decree shall be effective on the date this Consent Decree is issued as a final order of the Court, or the date a motion to enter this Consent Decree is granted by the Court, whichever occurs first, as recorded on the docket in this matter.

Retention of Jurisdiction

45

. The Court shall retain jurisdiction over this case after the Effect ive Date of this Consent Decree to enforce compliance with its terms, or to take any action necessary or appropriate for its interpretation, construction, execution, modification, or the resolution of disp utes. During the term of this Consent Decree, any Party may apply to the Court for any relief necessary to construe or effectuate its terms.

44

. Except as limited by paragraph 42, t he Parties reserve all legal and equitable rights and defenses available to them to enforce or defend the provisions of this Consent Decree.

Modification

46

. Except as provided in Paragraph 12, t he terms of this Consent Decree may be modified only by a subsequent written agreement signed by the Plaintiffs and Defendant s , or upon motion properly presented t o the Court. If the modification constitutes a material change to the Consent Decre e , it shall be effective only upon approval by the Court. Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 13 of 17 PageID #: 38Pag e 14

Signatories

4 7

. Each undersigned representative of Plaintiffs and Defendant c ertifies that he or she is fully authorized to enter into this Consent Decree and to execute and legally bind the Party he or she represents to the terms and conditions of this Consent Decree.

48

. This Consent Decree may be signed in counterparts, and its validity shall not be challenged on that basis.

Integration

49

. This Consent Decree constitutes the final, complete, and exclusive agreement and understanding among the Parties with respect to the settlement of this action, and supersedes all prior agre ements and understanding, whether oral or written. Other than required submittals pursuant to this Consent Decree, no other document, nor any representation, inducement, agreement, understanding or promise constitutes any part of this Consent Decree or th e settlement it represents, nor shall it be used in construing the terms of this Consent Decree.

Termination

50

. The Stipulated Penalty provisions for total recoverable iron at Outlet 004 at the Kammer Plant shall automatically terminate on the date that is two years after the Kammer Compliance Deadline. The Stipulated Penalty provisions of this Consent Decree for sluicing fly ash from the Mitchell Plant shall automatically terminate on the date that is two years after the Mitchell Compliance Deadline. All remaining obligations of this Consent Decree shall automatically terminate on the date that is two years after December 31, 2015.

Final Judgment

51

. Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall constitute the final judgment in this matter as to Plaintiffs and Defendant s . The Court , finding no Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 14 of 17 PageID #: 39Pag e 15

just reason for delay , therefore enters this Consent Decree as its final judgment under Fed. R. Civ. P. 54 and 58.

ENTERED, this ______ day of ______, 2014.

______________________________________

UNITED STATES DISTRICT JUDGE Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 15 of 17 PageID #: 40Pag e 16

For Plaintiffs West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Ohio Valley Environmental Coalition, and Sierra Club

J

. Michael Becher

_________________________ J. Michael Becher, Esq. (WVBN 10588) Appalachian Mountain Advocates P.O. Box 507 Lewisburg, WV 24901

8 / 1/2 0 1 4

__________________________________ Date Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 16 of 17 PageID #: 41Case 5:14-cv-00103-FPS Document 4-1 Filed 08/01/14 Page 17 of 17 PageID #: 42