Pipeline Update:
What Did the State Water Control Board Do?
by Rick Webb, Dominion Pipeline Monitoring Coalition

In the last two weeks, the Virginia State Water Control Board made important decisions about both the Mountain Valley Pipeline and the Atlantic Coast Pipeline. There has been confusion about exactly what the Board’s decisions said and what they mean for future actions on both projects.

Although the Board acted illegally by issuing certifications without all of the information needed to ensure water quality protections, the Board did not simply accept the DEQ’s misleading recommendations in favor of the proposed projects. Of most importance, the Board recognized what citizens have said for months – that it did not have all of the information needed to support final approvals and felt it necessary to reserve authority for future actions.

In the case of the MVP, the water quality certification allows the Board to revisit the issue of water body crossings instead of simply relying on a U.S. Army Corps of Engineers blanket approval.

In the case of the ACP, the water quality certification delays construction until essential plans and studies, including erosion and sediment control, stormwater management, and karst analysis, are completed and submitted to the Board for approval.

A positive outcome will depend on proper reviews by the DEQ, meaningful opportunity for public critique and input, and appropriate Board response to remaining deficiencies.

For more information and perspective, see What Did the State Water Control Board Do?

Rick Webb, Program Coordinator
Dominion Pipeline Monitoring Coalition

ACTION: Please contact Cindy Berndt, head of the DEQ Regulatory Affairs/Citizen Boards at
Cindy.Berndt@deq.virginia.gov or call her at 804-698-4378. Ask her what are the plans for SWCB to get back to the citizens with their updated analyses of the missing required information for the permits for the ACP? We want a fair and thorough review process that includes a public hearing for citizen review, input and comments.

The risky and unnecessary Mountain Valley Pipeline and Atlantic Coast Pipeline pose some of the greatest threats to our health and environment in decades.
In reviewing the industry’s applications for these projects, the Department of Environmental Quality bungled the process terribly, leaving our streams, rivers and drinking water vulnerable to permanent damage.
In December, the citizen members of the State Water Control Board approved the pipelines — but only on the condition that numerous, outstanding studies on water impacts be completed and approved.
We need to send a loud, clear message calling on our next Governor to use his full power to correct the process and protect our waters.Thanks to Appalachian Voices for this petition that you can sign on-line.January 13 is the inauguration.

We are demanding the Virginia Marine Resources Commission [VMRC] hold public hearings near communities on the pipeline routes, and not at its headquarters in Newport News, which is an unfair and inconvenient four-plus hours drive away for many affected landowners. Sign the petition to VMRC: Schedule public hearings on MVP & ACP near affected landowners. In December, the Virginia State Water Control Board (VSWCB) issued certifications for both the proposed Mountain Valley and Atlantic Coast pipelines — albeit with stipulations attached to ACP’s approval — after contentious hearings where landowners and Pipeline Fighters poured their hearts out and made a strong argument that these pipelines pose a critical threat to our water. [1] Thanks again to all who came out to stand with us in Richmond. Following the decision, a group of allies including Appalachian Mountain Advocates filed a lawsuit at the U.S. Court of Appeals for the 4th Circuit, challenging the SWCB’s issuance of pipeline certifications. [2] Meanwhile, the judge presiding over MVP’s effort to make a “blanket” taking of landowners’ property by eminent domain has postponed a scheduled hearing until Jan. 12 for now, and Bold Alliance and landowners’ lawsuit challenging FERC’s eminent domain abuse continues to move forward. [3] Send your letters opposing the ACP drilling under our streams and rivers to: Marine Resources Commission Habitat Management Division 2600 Washington Ave, 3rd Floor Newport News, VA 23607

You may send comments by email to: Randy.Owen@mrc.virginia.gov. Put ACP, MVP in the subject line.

Tell them who you are, where you live, and why you oppose the ACP’s request to put its proposed pipeline beneath these 48 non-tidal and 3 tidal streams. Article taken from email from Carolyn Reilly of Bold Alliance Dec 15. REFERENCES [1] Bold Alliance, Virginia Landowners Vow to Continue Fight After Water Control Board Issues Conditional Approval of Atlantic Coast Pipeline Permit, 12/12/17. [2] “Environmental groups file suit in federal court against gas pipeline,” Washington Post, 12/8/17. [3] “Landowners Sue FERC to Stop Eminent Domain for Mountain Valley and Atlantic Coast Pipelines,” BoldAlliance.org, 9/5/17. Bold Alliance  208 S. Burlington Ave., Ste 103, Box 325 Hastings, NE 68901 US Bold Alliance on Facebook

Please come to the Augusta County BZA meeting Thursday Jan. 4, 1:30 p.m.And the Cumberland Planning Commission  hearing on Monday Jan 8 at 6:30 pm.
http://www.farmvilleherald.com/2017/12/acp-yard-to-be-discussed/Augusta County Alliance newsletter announcement: 

Despite nearly 3 ½ years of uniting our voices in opposition to Dominion’s disastrous pipeline plan, the company continues to push forward with an unneeded project that will deeply and permanently decrease our community’s quality of life.

On Thursday, Jan. 4 at 1:30 p.m. at the Augusta County Board of Zoning Appeals (BZA) meeting in the Augusta County Government Center in Verona, Dominion will again try to force another piece of their plan in place. And, as usual, they will be doing this without bothering to do their homework and study the impacts to the neighborhood.

Agents for the Atlantic Coast Pipeline will be seeking permission to get a special use permit to construct a 34-acre construction materials yard near Churchville at the intersection of Scenic Highway (Rt. 42) and Union Church Road.

Dominion’s plan is to clear and level the existing farmland in order to stockpile pipe, fuel tanks, sand bags, silt fencing, equipment parts, etc. and to provide parking for construction equipment, employee trucks, and office trailers. If approved this would be the staging area for a significant area of ACP construction in western Virginia for 2 years!

Here are just a few reasons why we should turn out as a community to ask that the BZA deny this application:

1. Think about this lovely rural setting and imagine the amount of heavy truck and equipment traffic fanning out in every direction along these narrow country roads on a 24/7 basis.
2. Consider how this will affect the area’s water quality with every rain and snow event creating sediment runoff and with the amount of leaking, dripping fuel from vehicles and equipment.
3. Visualize how the farmland will look with stacks of 40-foot long, 42-inch diameter pipe and a row of portable toilets.
4. And, as usual, Dominion has pulled a switcheroo – this is not even the location of the pipe yard that Dominion submitted to FERC for approval.

The above reasons as well as concern from VDOT that the location doesn’t meet site distance (and therefore they don’t recommend approval), the concern from the county that the project doesn’t meet county code for a rural setting because the applicant doesn’t live on site, and that this is legally incompatible with the rural conservation zoning of the area are all sound and logical reasons why this application should not be approved.

Further, there are so many questions that Dominion has not answered about the site. For starters there is no traffic count analysis to know exactly what the increased volume of heavy trucks and equipment that will travel these narrow roads. There is no materials list to know what hazardous products might be stored on site (such as blasting materials), and there is no stormwater management or erosion and sediment control analysis, something that the State Water Control Board is also waiting for in regard to the ENTIRE route in Virginia.

Please come to Verona on Thursday and express your concern for this application. If you can’t attend (or in addition to attending), please communicate with the BZA board (click here for addresses) or email comments to the BZA secretary Sandy Bunch at sbunch@co.augusta.va.us and Community Development Director John Wilkinson at jwilkinson@co.augusta.va.us.

Unlike Dominion, the men and women on the BZA are from our community and care about your comments about our community. Thanks again for your vigilance in protecting the quality of live in our wonderful community.

Nancy Sorrells
Travis Geary