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| Standing in opposition to Dominion’s proposed pipeline in Nelson County |
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| On March 14, 2018, we reported on the first incident report from the Compliance Surveillance Initiative (CSI), apparent unauthorized access road and staging area construction in the MP158 area, the Augusta County Horizontal Direction Drilling area. A request was filed March 22 on behalf of Allegheny-Blue Ridge Alliance (ABRA) with the Federal Energy Regulatory Commission (FERC) to investigate potential violations by Atlantic Coast Pipeline (ACP) of the Commission’s Certificate and Virginia’s water quality certification. Aerial photographs taken earlier in March by ABRA’s CSI showed what appears to be substantial construction work in an area of Augusta County, near the site from which ACP proposes to bore through the Blue Ridge Mountains. The photographs show new and improved roads, new bridges, and what appear to be equipment parking and staging areas. |
| The observed activities do not appear to have been authorized under any of the limited Notices to Proceed FERC has issued, which allow tree cutting by non-mechanized means. The request explains that these actions will impact water quality in a number of ways and that, since the State of Virginia has not approved erosion and sediment control and stormwater plans and its water quality certification is not effective, possible land disturbance, changes to stormwater flows, and other effects must not be allowed. The submittal to FERC also notes that ACP’s weekly status reports have not provided notice of any of these activities and that environmental compliance reports indicate these sites have not been inspected. |
| The submitters also asked that the Commission report on its investigative proceedings and findings to ABRA, the CSI, and the public and that it not invoke regulatory provisions to keep this information from citizens. |
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| Learn how to detect and report water quality impacts from natural gas pipelines |
| The WV/VA Pipeline Visual Assessment Program was developed by Trout Unlimited and West Virginia Rivers Coalition to support and train volunteer citizen observers to identify, document and report pollution incidents associated with large-scale pipeline development. Through a series of webinar trainings, volunteers will learn about erosion control best management practices used in pipeline development, specific examples of pollution to look for, and how to best document those problems. |
| On the same Web page with there are links to download the handouts associated with the Webinar. |
| If anyone would like to host a screening party, or have another group screening at the Nelson Library, contact Doug at wellman.doug@gmail.com. |
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| From the ABRA Update for March 22, 2018: |
| Legal challenges to the October 13, 2017 the approval and permits for the Atlantic Coast Pipeline (ACP) by the Federal Energy Regulatory Commission (FERC) were dismissed on March 21 by the U.S. District Court of Appeals for the 4th Circuit. |
| On January 29, Appalachian Mountain Advocates (Appalmad) and the Southern Environmental Law Center (SELC) sued FERC on behalf of 11 groups (most of them ABRA members) challenging the agency’s decision to approve the ACP. On March 8, a second lawsuit was filed by SELC and Appalmad against FERC under the All Writs Act to stop pipeline construction. The All Writs petition was filed as an alternative basis on which the Court could stop the project, if it determined that the direct challenge to the FERC approval was premature. |
| The panel rejected the All Writs argument and apparently accepted FERC’s position that it could indefinitely postpone a decision on the merits of our rehearing request to the agency even though the pipeline goes forward (known as a “tolling order”). Thus, in the Court’s view, it does not have jurisdiction to hear the case now, and the plaintiffs must wait until FERC issues an order on the rehearing request. It is unclear when the agency will act. The FERC certificate can still be challenged once the agency makes its final decision. Until then, other pipeline permits will be subjected to litigation. |
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The comments keep rolling in! Thanks to everyone who has written to FERC to voice opposition to Dominion’s request for a tree-felling extension. Keep it up with more comments! Go to https://ferconline.ferc.gov/QuickComment.aspx and cite docket CP15-554-000 |
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| On March 1, 2018, Judge Norman Moon, of the US Western District of Virginia Federal Court in Lynchburg, granted ‘immediate access’ for tree-felling on 16 of 27 Virginia properties for which Dominion requested access. Acting on an appeal by Appalachian Mountain Advocates for one of the properties, “The Wilderness,” a 1,000-acre farm listed on the National Register of Historic Places, the United States Court of Appeals for the Fourth Circuit issued an order on March 13, 2018, preventing imminent tree cutting by the Atlantic Coast Pipeline. The “stay pending appeal” overruled Judge Moon’s March 1 decision, thus providing temporary relief from tree cutting until the court could fully consider the issue. |
| On March 20, Appalachian Mountain Advocates attorneys and the ACP’s attorneys presented oral arguments on the issue before the judicial panel. |
| On March 21, 2018, a unanimous judicial panel of the Fourth Circuit vacated the lower court’s injunction. The Fourth Circuit’s order will prevent tree cutting on the property until the Federal Energy Regulatory Commission fully completes the required state and federal historical review process. This review is necessary because “The Wilderness” is listed on the National Register of Historic Places and the Virginia Landmarks Register, and been deemed by the Virginia Department of Historic Resources to be a “Virginia Treasure.” |
| Read more on Appalachian Mountain Advocates Web page. |
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Click here to view media.
Pipelines are a threat to the clean water Virginians depend on. A recent study, Threats to Water Quality from Mountain Valley Pipeline and Atlantic Coast Pipeline Water Crossings in Virginia, confirms that the proposed pipelines will cause massive disruption to streams and wetlands, pollute the Chesapeake Bay watershed, and threaten crucial drinking water supplies. Why should Virginians pay billions of dollars for pipelines that could pollute our water? Virginia governor Ralph Northam has promised to hold these projects to the “highest environmental standards” and that individual reviews of their pollution impacts are needed. Call the Governor at 804-786-2211 and tell him to stay true to his word and keep Virginia’s water clean. |
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| Stronger Together was the theme of the March 17, 2018, Remember and Recommit action at Wintergreen where Dominion’s proposed Atlantic Coast Pipeline has destroyed our mountains and endangered the headwaters of the south fork of the Rockfish River. At the end of the event, we laid 1000 carnations in the wreckage which was once a forest, to commemorate its beauty and our loss. |
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Monday, 3/19/2018, is the first business day since Dominion’s request for an extension for tree felling for the Atlantic Coast Pipeline went public. Let’s tie up FERC’s phone lines and flood their inbox to tell them to say NO to Dominion’s request to extend the deadline for tree felling for the Atlantic Coast Pipeline! Call, email, or both – as many times as you like. Reference the ACP docket number in you calls and emails, CP15-554-000; CP15-554-001 and CP15-555 |
phone: 202-502-6088, 1-866-208-3372 (toll-free)
email: customer@ferc.gov
Additional numbers/email that FERC reps are required to catalog and pass on to reference ACP (thank you to Marilyn Shifflett for providing)-
Phone: 202-502-8390, 1-888-889-8030 (toll-free)
Fax: 202-208-0057
Email: hotline@ferc.gov |
| Dominion submitted a request to FERC asking to have the tree felling deadline extended from this month to May 15, citing the delay in construction that would be caused by them not finishing the felling before the current deadline. The company would not be able to resume felling until November if they miss the current deadline. This is a vital delay in construction of the pipeline! (More info here.) |
| Not only that, but the day the request was made public, Virginia’s DEQ issued a notice to Dominion for having already committed 15 violations while felling. (More info here.) According to Virginia’s Department of Environmental Quality, violation notices are typically resolved with the payment of a fine and required action to correct the violation, but fines are irrelevant to the ACP – and once the trees have been cut, even if improperly, there is no action that will put them back. |
| The permitting process for the Atlantic Coast Pipeline is not complete, and the tree felling up to now should not have been authorized. Please contact FERC and tell them any extension is unacceptable – there is absolutely no justification they can give to extend a deadline in place to protect wildlife simply to avoid inconveniencing Dominion’s shareholders, especially since Dominion has already been cited for 15 violations during the felling to date. Conceding to Dominion would set a terrible precedent that the MVP applicant, EQT, would likely exploit. |
| Let’s tie up their phone lines, flood their inbox, and make sure they hear us in saying they cannot extend the deadline for tree felling for Dominion’s convenience! |
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On Wednesday March 14, 2018, Atlantic Coast Pipeline’s motion asking a federal judge in US District Court in Elizabeth City NC to force Marvin Winstead Jr., Ronald Locke, and 11 other hold-outs to allow contractors to immediately begin tree-cutting on their land. Standard practice for eminent domain is to pay up front, but since they had been unable to reach any agreement with landowners, ACP asked to use “quick-take,” agreeing to a bond that supposedly guarantees landowners will be paid after a jury determines an appropriate amount. |
| ACP argued that they would suffer “irreparable harm” if they couldn’t proceed. According to NC Policy Watch, “the landowners will suffer no such harm from allowing construction to begin now, ACP lawyers claim. ‘What is the harm in giving us access now or later?’ Richard D. Holzheimer, Jr., an attorney with McGuireWoods, the firm representing the ACP, asked the court. He acknowledged the project would inflict ‘irreparable harm’ but ‘not from early access.'” |
| On Friday March 16, 2018, US District Court Judge Terrance Boyle ruled that Winstead and Locke do not have to allow Atlantic Coast Pipeline contractors on their property to begin tree-cutting – at least for now – because neither had been given a reasonable opportunity to negotiate with ACP, LLC. Although Winstead received an offer from the ACP in January 2016, a surveyor later told him his property was not on the route. Locke tried to communicate with ACP LLC, but they never responded. |
| However, Boyle ruled in favor of the ACP in the cases of the other 11 landowners, saying the ACP may invoke eminent domain on their properties. As a security, the ACP must deposit with a federal district court clerk an amount three times the appraised value of each parcel it plans to condemn, and must also obtain a bond twice the appraised value of the parcels. |
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| In a press release from his office on March 16, 2018, Governor Northam announced emergency clauses added to SB698 and SB699 allowing DEQ to issue stop work orders on all or part of land-disturbing activities associated with natural gas pipeline construction that may have adverse effects on water quality. |
| Governor Northam Announces Additional Powers To Protect Virginia’s Clean Water |
| RICHMOND – Governor Ralph Northam today announced additional powers to expand the Commonwealth’s ability to protect clean water. SB698 and SB699 establish processes in state law to allow the Virginia Department of Environmental Quality (DEQ) to issue a stop work order on all or part of land-disturbing activities associated with natural gas pipeline construction if DEQ determines those activities have caused, or will imminently cause, a substantial adverse impact to water quality. On Saturday, the General Assembly accepted Governor Northam’s amendment adding an emergency clause to each bill and the measures are currently in effect. |
| “I want to thank Senator Creigh Deeds and the Department of Environmental Quality for working together to empower the Commonwealth to halt construction on the pipelines if there is a serious threat to water quality,” said Governor Ralph Northam. “From the Blue Ridge Mountains to the Chesapeake Bay, and all the rivers and streams in between, our water quality is of paramount importance to our health and our economy and I will protect it as long as I am Governor.” |
| “If the pipelines go forward, it’s imperative that DEQ have the tools it needs to assure the people of the Commonwealth that water quality will not be compromised,” said Senator Creigh Deeds. “Thanks to DEQ staff for their tireless work to help get these bills through the legislative process, to Governor Northam for his timely amendments and for signing the bills, and to the conservation groups who added their voices to this important conversation.” |
| “We are pleased the General Assembly agreed to give DEQ the additional authority to protect water quality, and we will use these tools to exercise rigorous enforcement to ensure our water is protected and our natural areas are preserved,” said DEQ Director David Paylor. |
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| The ACP is seeking an extension to May 15 for tree felling outside of the limitations they agreed to for bats and migratory birds. They say they can’t finish the work by the mandated deadlines. The Herald Sun article says, “Developers initially agreed to the tree-felling restrictions to protect migratory birds, and threatened and endangered species — two types of bats, in this case. The time restrictions vary from state to state but generally prohibit tree cutting between mid-March or early April through mid-September or mid-November. The earliest restriction to kick in was Virginia’s migratory bird window, which started Thursday.” |
| “It would be unconscionable for FERC to allow Dominion to slide around an important protection merely for the company’s convenience,” said David Sligh, conservation director for Wild Virginia, which is fighting the pipeline. “Too much destruction has already been caused. It must not be allowed to continue,” he said. |
| As NC Policy Watch points out, “The trees had to be cut down immediately. In fact, it should have been done yesterday. There was no wiggle room, attorneys for the Atlantic Coast Pipeline argued to a federal judge on Wednesday, and delays would cause “irreparable harm” to the utilities. But now Dominion and Duke Energy, co-owners of the ACP, have decided that, well, maybe the issue isn’t so urgent after all. |
| “According to documents filed today, ACP, LLC has asked the Federal Energy Regulatory Commission for a deadline extension to cut trees that are on private property in the path of the pipeline. This is a major about-face, because earlier this week, ACP, LLC had taken several landowners to court, asking a federal judge to force them to provide access to their property for tree-cutting.” |
| Should we fight back? Yes. |
| Please make a comment on the FERC web site today! Docket Numbers are: CP15-554-000; CP15-554-001 and CP15-555 |
| Southern Environmental Law Center and Appalachian Mountain Advocates filed this letter in FERC’s dockets opposing extension of tree cutting restrictions for the Atlantic Coast Pipeline. |
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| The photo shows ACP pipe stored in West Virginia in early August, 2016 (19 months ago). Manufacturers recommend no more than 6 months exposure to the sun and elements and supports between layers to ensure “true round.” Now, Dominion proposes to haul this pipe into the mountains further damaging the coating; they intend to make the necessary bends required to traverse mountainous terrain, and they expect to get “good welds” from pipe that has changed shape under its own weight. |
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| In its meeting on March 16, 2018, the Virginia Marine Resources Commission approved with 12 special conditions the Atlantic Coast Pipeline, voting 7 yes, 0 no, 1 abstention. |
| See the VMRC Commission Summary Web page for the details of the meeting, the vote, and the imposed conditions. The conditions are general and benign, like ACP agreeing to adhere to plans in the Final Environmental Impact Statement, revegetating, complying with erosion and sedimentation measures, notifying the Department of Game and Inland Fisheries 48 hours before blasting, etc. |
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| DEQ Takes Enforcement Action Against Atlantic Coast Pipeline, LLC |
| FOR IMMEDIATE RELEASE, March 9, 2018 |
| RICHMOND, VA. – The Virginia Department of Environmental Quality (DEQ) issued a Notice of Violation (NOV) to Atlantic Coast Pipeline, LLC (ACP) on March 16, 2018, for failing to maintain adequate limits of disturbance during tree felling operations in violation of Virginia’s State Water Control Law. These limits forbid work within buffer zones to protect stream and wetland crossings during pipeline development, and are instrumental to the protection of Virginia’s environment and natural resources. |
| The NOV identifies violations on 15 separate sites resulting in an estimated 0.84 acres in impact to wetlands and streams. |
| “DEQ is watching pipeline activities closely and expects full compliance with all conditions,” said David K. Paylor, Director. “We will not hesitate to initiate enforcement actions like this to make sure the project complies with good environmental standards.” |
| The NOV requires ACP representatives to contact DEQ within 10 days to discuss how to remedy the situation and explain how they will prevent future violations. |
| While limited tree felling is allowed, the activity cannot impact riparian areas. Furthermore, land disturbance cannot begin until all of the erosion and sediment and stormwater control plans required for all sections of the project are approved by DEQ. “The agency’s review of the project has been the most thorough in the history of the Commonwealth, and the enforcement will be as rigorous,” said Director Paylor. |
The 600-mile underground Atlantic Coast Pipeline originates in West Virginia and travels through Virginia and North Carolina. The pipeline is being developed jointly by Dominion Energy, Duke Energy, Piedmont Natural Gas and Southern Company Gas. Though the Federal Energy Regulatory Commission has independent authority over many of the procedures related to federal pipeline development, DEQ is able to exercise enforcement authority over many aspects of the project.
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There’s been a lot going on – here are some news items from our In the News page you may have missed (many additional interesting news articles on that page): |
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