Category Archives: Emergency Preparedness

North Carolina Law Enforcement Wrong to Target Pipeline Opponents

It is Duke, Dominion and EQT that are terrorizing people

By Michael M. Barrick

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Myra Bonhage-Hale, then of Alum Bridge, W.Va. holds signs with questions she had for Console about pipelines. This “activist” eventually moved out of state.

RALEIGH, N.C. – The North Carolina’s surveillance and counter-terrorism unit has conducted a “threat assessment” of opponents to the Atlantic Coast Pipeline (ACP), which is scheduled to be built in eastern North Carolina, according to North Carolina Policy Watch: “State Bureau of Investigation unit prepared “threat assessment” of Atlantic Coast Pipeline protestors.”

According to the article, “The state’s surveillance and counter-terrorism unit, the Information Sharing and Analysis Center (ISAAC), warned law enforcement officials that the Atlantic Coast Pipeline could attract “violent extremists” who are opposed to the natural gas project in North Carolina … .” If approved, the Atlantic Coast Pipeline will run more than 170 miles through North Carolina roughly parallel with I-95 east of Raleigh.

The law enforcement analysis could not be more misguided.

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Joao Barroso makes a point with neighbors in Randolph County, W.Va. He became an “activist” to protect hundreds of acres of his pristine land.

There are terrorists involved in fracking and related pipeline development – if that’s the word the law enforcement wishes to use – but they are not the opponents to the pipeline; rather the ones terrorizing people and the environment are the corporations building the pipelines. These include Duke Energy of Charlotte, Dominion Resources of Richmond, and EQT of Pittsburgh. The latter company is the primary developer of the Mountain Valley Pipeline (MVP), another controversial pipeline being built through West Virginia and Virginia.

The ISAAC would be well served to listen to this excellent interview of Ellen M. Gilmer, a legal reporter with E&E News by West Virginia Public Radio. Gilmer offers an analysis of the court battles involving both pipelines. One listening to it will see that pipeline opponents don’t have to resort to “terrorism.” Why? They are enjoying many victories in state and federal courts. Victories, in fact, that for now have shut construction of the pipelines down.

Opponents are not wide-eyed radicals and Gilmer knows it. How do I know? In 2015, I gave her a tour of the area in northern West Virginia where both pipelines originate. While living and reporting from there, I was covering construction of the Stonewall Gas Gathering line, a 36” diameter, 55-mile pipeline. Because it did not cross state boundaries, it did not need federal approval. Nevertheless, the pipeline’s builders were terrorizing people along the entire route.

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Justin McClain (L) listens as his father, Robert talks about the damage to their crops done by the Stonewall Gas Gathering Pipeline

As I took Ms. Gilmer around, I introduced her to the people most impacted by that project and introduced her to others whose land is threatened by the ACP and/or MVP. You’d have to ask her yourself, but I’m pretty sure she didn’t meet anyone that could be construed as a terrorist.

But, this is what she did see (or hear about because of time constraints):

  • A farmer in Doddridge County whose crops were destroyed because of improper erosion controls upstream during pipeline construction
  • Sick people throughout Doddridge County
  • The local newspaper is owned, literally, by gas and oil company owners
  • Citizens injured and killed by industry trucks
  • Residents leaving the state

These are just but a few examples. There are several more links at the end of this article. However, one moment stands out for me. It was at an event where the fossil fuel industry and law enforcement teamed up to intimidate local citizens simply curious about the pipelines as they were first announced. It was then that I knew the fix was in. The corporations got to the legislators, who then pressured law enforcement. Now it’s happening in North Carolina. It is beyond unnecessary – it is chilling.

What is fracking?
Fracking is a slang word for hydraulic fracturing, the process of injecting a fluid consisting of water, sand and chemicals at high pressure into shale. This fractures the rock, releasing natural gas, which is then extracted. In West Virginia, Ohio and Pennsylvania the Marcellus shale, a layer of rock 3,500 – 8,000 feet below the surface, is the object of fracking. The vertical depth of the formation is about 150 feet. Whether recovered or left behind, the frack fluid presents problems. The wastewater contains not only the chemicals added to the water, but also leaving minerals and radioactive materials recovered as part of the extraction process.

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Failed erosion control on construction of Stonewall Gas Gathering pipeline in West Virginia Photo by Autumn Bryson

Pipeline construction

Fracking and pipeline construction are inexorably linked. Without fracking, there is no need for a pipeline. With fracking, all the risks associated with pipeline construction serve only to aggravate the impact of the process. So, there are many good reasons (see next section below) for people to oppose the ACP and MVP. The ACP is the longest, at more than 600 miles, terminating in Robeson County, N.C.

The companies seeking approval to build the ACP have harassed land owners wishing to protect their land from the devastation that would be caused by the ACP construction, not to mention the potential danger it poses for those living alongside of it. Having learned of what the people along the proposed ACP route have endured in West Virginia and Virginia, it is clear that the people of North Carolina need political leaders who will defend them, not consider them threats.

Fracking impacts and risks (Or ‘A Dirty Dozen Reasons to Oppose Fracking’)

Dead and injured workers (here and here), explosions on fracking pads (here), dead and injured motorists (here and here), destroyed wells and streams (here), dead livestock (here) and sickened residents (here) are just some of the public health and safety risks associated with fracking. Indeed, the list is rather long. The negative by-products of fracking include:

  1. Public Health Issues
  2. Water Use and Contamination
  3. Radioactivity
  4. Air Pollution
  5. Waste Disposal
  6. Site Development and Well Pad Activity
  7. Misuse of Eminent Domain
  8. Climate Change
  9. Traffic Congestion
  10. Potential Earthquakes
  11. Industry Instability

The people experiencing these events and tactics do not sound like terrorists. They sound like people who are being terrorized.

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A convoy of gas trucks rumble through downtown Weston, W.Va. at lunchtime.

Crony capitalism

This is not new to the fossil fuel industry. A century ago, during the West Virginia Mine Wars, as the coal companies worked to keep the unions out of the coal fields, they hired Baldwin-Felts detectives to brutalize the miners and their families. The companies also ensured that local law enforcement did their bidding.

Perhaps the most famous of these “lawmen” was Don Chafin, the sheriff of Logan County, W.Va., during the Mine Wars. According to the West Virginia Archives and History website, “In 1921, he mobilized a small army of deputies – later formally organized into the militia by order of the governor – which met the union organizers in skirmishes at Blair Mountain on the Boone – Logan county border and in the Crooked Creek section. Thousands of shots were fired and much blood shed but there were relatively few casualties. Once source says 47 were killed and more than 100 injured.

“Mingo County then the center of organizing activity, was under martial law. Union miners in Kanawha heard rumors that their comrades to the south were being mistreated. That started their march south through Boone and Logan. On their way they planned to break down Chafin’s non-union stronghold. Their favorite marching song was “Hang Don Chafin to a Sour Apple Tree.’”

ISAAC’s snooping proves beyond any doubt that efforts by the fossil fuel industry to get the likes of Don Chafin to do their bidding here and now remains alive and well. 

The proper response – A moratorium on fracking

Clearly, despite industry claims, it has much to prove before we can consider fracking and related pipeline development safe. So, the only option is to operate according to the Precautionary Principle. The Science & Environmental Health Network says about the Precautionary Principle: “When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public, should bear the burden of proof. The process of applying the precautionary principle must be open, informed and democratic and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.”

Based on this definition, the only proper response is a moratorium on fracking. A moratorium remains in place only so long as the burden of proof has not been met. Should the industry, as some point in the future, demonstrate that fracking does not pose a threat to public health and the environment, the moratorium could be lifted.

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Children suffering nosebleeds is just one public health hazard in fracking zones

Add me to the list

I’m a pipeline opponent. I’ve never pretended otherwise. My writing has been focused on holding the fossil fuel industry accountable for the death and destruction it has caused in Appalachia and beyond. But, I’ve never touched a soul, never issued a threat, never trespassed, never polluted streams or any of the other numerous horrors the fracking industry has done.

What I have done is exercise my First Amendment rights. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Motivated and informed by my understanding of liberation theology, I have spoken and written against fracking and related pipeline development. I’ve been part of demonstrations of assembly. In short, I’ve been one of thousands of pipeline opponents who have legally and appropriately petitioned the Government.

So, if that puts me on a threat assessment watch list, then add me to the list and watch away. I’m quite familiar with the fossil fuel industry’s tactics. The ISAAC list is one I’d be proud to be on. But it won’t stop me or any other pipeline opponents. Why? Because we understand that it is time that the people – not crony capitalists – run our state and nation.

© Michael M. Barrick, 2018

Curry Hedge and Johnson at conference

About 50 pipeline activists gathered peacably at the Preserving Sacred Appalachia gathering in April 2015 in Charleston, W.Va. Here, Tierra Curry (L), Susan Hedge and Allen Johnson lead a discussion on the sacredness of Appalachia. Photo by Keely Kernan

Other articles I’ve written about the Fossil Fuel Extraction Industry

ACP Would Require Extensive Mountaintop Removal

Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study

Breaking Ground, Breaking Hearts

Citizen Groups Organizing in Response to Fracking

Citizen Groups to Unite for Water Justice in West Virginia and Beyond

Clarksburg Newspaper Editorial an Affront to West Virginians

Dominion is a Bully, not a Community Builder

Ecological Monitoring Group Challenges Virginia Governor to be Transparent about Pipeline Deliberations

Environmental Scientists, Activist Applaud Mountain Valley Pipeline Ruling

EQT Letter Characterized as Misleading and Bullying

Factual Reporting is not Always Balanced

Feeding the Military Monster

FERC Independence Challenged by Nonprofits

Fracking Forum a Time to Learn, Unify and Act

Groups Work to Bring the Public Voice into Gas Pipeline Projects

Health and Well-Being of Residents Being Subordinated to Fracking Industry

Incompetence and Complacency Increase Dangers from Fracking

Is This Fair?

Jury in Pennsylvania Fracking Case Sees Clear Value in Lives and Property

Learning by Listening

Lewis County Resident Issues a Plea: Wake up West Virginia

Natural Gas Industry Moves from the Absurd to the Profane

Natural Gas Pipelines, the Drumbeats of War and Our Sense of Entitlement

OVEC Publishes Newspaper to Reach 29,000 West Virginians

Pipeline Proposal Raises Questions that Beg for Answers

Pipeline Monitoring Group: FERC Not Doing Job on ACP

Poor Emergency Planning in West Virginia Puts Citizens at Risk

Proposed ‘New” Route for Atlantic Coast Pipeline no Better than One Rejected, Say Opponents

Putting Liberation Theology to Practice in Appalachia

Reluctant Activist

Seeking Dominion over His Own Land

Standing Their Ground

The ‘Deceived God’

Unity the Theme at ‘Preserving Sacred Appalachia’ Conference

Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations

Voices out of the Wilderness

West Virginia: The Rodney Dangerfield of the USA

West Virginia Residents in Heart of Fracking Field Join in National Action

West Virginians and Pennsylvanians Standing in Solidarity Against Natural Gas Industry

West Virginia’s Top Story in 2015: People and Land under Assault

Why People Deny Global Warming Clues

WVDEP Secretary Randy Huffman Acknowledges Political and Business Climate in Charleston Limits Agency’s Effectiveness

‘You Make Us Want To Leave’

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Virginia DEQ Ignores Requests for Pipeline Comments

Environmental groups accuse agency of ‘foot-dragging’

Va DEQMONTEREY, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) has learned that the Department of Environmental Quality (DEQ) is just now compiling the thousands of emails and other comments citizens submitted during the comment period that ended more than a month ago.

This outrageous foot-dragging fits a pattern DEQ has set for months and heightens the likelihood of further damage to state waters by the Mountain Valley Pipeline (MVP) and the Atlantic Coast Pipeline (ACP) before the State Water Control Board has the chance to rule on the sufficiency of waterbody crossing reviews. The Board saw a need for this information way back on April 12, based on concerns that a blanket permit from the Corps of Engineers may not be adequate to ensure Virginia’s water quality standards will be met.

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Source: ACP website

On July 3, with no commitment from DEQ as to when the comments would be available to all, DPMC decided to acquire them and provide them online. We filed a records request on July 3, 2018, seeking copies of all comments sent to DEQ. The law requires the agency to provide records within five work-days or explain why it is not “practically possible” to do so in that time period.

That deadline fell on July 11 and that day DEQ told us it would not get us the emails within the required time or tell us when it would be able to do so. They said the emails had not yet been compiled so they could be provided electronically, due to technical difficulties. We then insisted we be allowed to review the emails in person on DEQ’s computers and were told this too was not possible. We reiterated that the law required better and that we would not accept DEQ’s failure to comply.

Suddenly, just two days later on July 13, DEQ gave us more than 7,000 emails. Apparently, the technical difficulties that DEQ claimed may require more than two additional weeks to solve were now solved – but only under pressure from DPMC. Why had those difficulties not been tackled and solved in the three months since the Board ordered the public notice?

We and Wild Virginia will make all of the comments available online and publish a summary within the next week. Where the Department has failed, we will pick up the slack.

We call on the Board to use this information and hold a meeting well before the currently-advertised date of August 21st and on Governor Northam to order DEQ to now move quickly to do its job. The repeated promises of transparency and sound science by administration officials have not been kept. It is now time for our officials to restore integrity to this process.

Courtesy Submission

March For Our Lives is the Tipping Point on Gun Violence

Our youth have put the gun lobby on its heels

LENOIR, N.C. – Saturday’s March For Our Lives in Lenoir – and beyond – was inspiring to the point of tears. And I wasn’t even there.

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People gather in Lenoir, N.C. for the March For Our Lives on March 24, 2018

I was bummed about that, but I had a good reason – I was with Art Sherwood in Morganton at the Burke County Democratic Party County Convention. Art is running for the North Carolina State Senate and I’m honored to guide his campaign.

So, while I would have been thrilled to join our county’s youth yesterday, I know the best thing I can do to help them achieve their objective of putting an end to mass murder in our public schools (and elsewhere) is work to elect the type of people who will pass legislation banning assault weapons, putting much greater restrictions on gun shows and other measures. Art is such a man.

Still, it is not lost on me who the true leaders in our nation are now. Most of them look to be under 19-years-old. They have done something that no politician has had the courage to do. They have declared war on the gun lobby and put it on the defensive.

Their movement must become our movement. The pictures, the speeches and the raw number of people at the March For Our Lives events on Saturday should move us all to action.

We must heed their pleas.

Schools were not designed with urban combat in mind; they were designed for teaching and learning.

I know they are right. I have the experience to make that claim.

I am a retired classroom teacher who also holds a post-graduate certificate in Community Preparedness and Disaster Management from the UNC Gillings School of Global Public Health. I have written, led and participated in more than one Active Shooter Exercise (for schools and hospitals). There is one thing I can tell you for certain: Our children are vulnerable as hell.

The open classroom design that some schools have make children sitting ducks. There is no place to shelter-in-place. Even schools with traditional classrooms, no matter how well secured, are easy targets for a determined individual.

Schools were not designed with urban combat in mind; they were designed for teaching and learning.

The students know this. Therefore, they are in the streets. They know that school systems cannot – and should not – be expected to provide them the level of safety required. Those in the public schools, after all, are trained to teach children. They are not trained in urban warfare.

In short, the shootings can’t really be mitigated on the school end. Yes, having a police officer on campus is common now, and as we’ve seen recently, a potentially effective way to reduce the number of deaths.

But it isn’t enough. We must eliminate them.

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We must address the root cause before it enters the schoolhouse doorway. That’s what the students are demanding. They just want what all of us want – to live as long as possible, and certainly not to be cut down in their youth.

While they’ve got the gun lobby on its heels, let’s join them and help finish the job. It is time for a reckoning. The gun lobby has blood on its hands and it knows it. Unlike Pontius Pilate though, they cannot wash their hands clean.

© Michael M. Barrick, 2018

A Lesson from the Worst Mining Disaster in U.S. History

Many West Virginians suffer from the Stockholm Syndrome

By Michael M. Barrick 

CHARLESTON, W.Va. – It was 110 years ago today that the greatest coal-mining disaster in United States history occurred in the small mining town of Monongah in northern West Virginia.

On December 6, 1907, at about 10:30 a.m., two coal mines – connected underground – known as Monongah No. 6 and Monongah No. 8, were destroyed by a series of explosions that killed more than 500 miners. While the official count listed 358 miners and three rescuers dead, the use of subcontractors by miners to increase their production, as well as the number of funerals, have lead historians to conclude that the number of dead likely exceeds 500. Located just south of Fairmont, the mines – owned by the Fairmont Coal Company – rocked the earth, destroyed the mines’ infrastructure, and sent debris flying hundreds of yards above ground as it obliterated above-ground entrances and buildings.

The disaster affected every person in the town, which was built along the banks and hillsides surrounding the West Fork branch of the Monongahela River. Despite its small size and hard living, it was a diverse community, made up of nearby residents but also a vast number of immigrants from Central and Southern Europe. By 1905, Monongah had about 6,000 residents.

There is plenty of evidence that West Virginians suffer from the Stockholm Syndrome, ‘a psychological response wherein a captive begins to identify closely with his or her captors, as well as with their agenda and demands.’

Such human tragedy, unfortunately, has left many lessons unlearned. In fact, it suggests that a vast majority of West Virginians suffer from the Stockholm Syndrome.

That was made abundantly clear yesterday with the report by West Virginia Public Broadcasting that “Former Massey Energy CEO Don Blankenship has officially filed paperwork to run for U.S. Senate in West Virginia.” Yes, that’s the same Don Blankenship that got by with murder, as I wrote here about the 29 coal miners that died in the Upper Big Branch (UBB) mining disaster on April 5, 2010. He is out of prison from his paltry one-year sentence for conspiring to violate federal mine safety standards.

The timing of his filing is beyond ironic; it is downright contemptible.

Just as miners were changing shifts that early spring afternoon in 2010 at the UBB coal mine, an explosion roared through the mine. Instantly, the 29 miners working for Massey Energy were dead, families were devastated and communities of southern West Virginia were forever changed.

Clearly, since technology has improved to the point that major mining disasters simply need not happen, the problem is not with the science of deep mining; it is with the culture that guides the crony capitalism which has dominated West Virginia since the beginning of the industrial age.

West Virginians and the Stockholm Syndrome

Unfortunately, it is just not industrialist and politicians who are to blame; so too are many West Virginians. They simply vote against their own interests. It would not surprise me if Blankenship wins the Republican primary and defeats the Democratic incumbent, Joe Manchin III. Regardless of how the campaign plays out, there is plenty of evidence that West Virginians suffer from the Stockholm Syndrome, “a psychological response wherein a captive begins to identify closely with his or her captors, as well as with their agenda and demands,” according to Encyclopaedia Britannica.

This notion was recently shared with me by a very frustrated mayor in a small West Virginia town long-ago abandoned by the coal companies, leaving behind a dying community and destroyed landscape in a once-beautiful valley carved out by numerous rivers. One might take issue with the mayor’s claim, which is based on his disgust with the overwhelming support that West Virginia voters gave President Trump and Governor Jim Justice, who this past summer switched to the Republican Party after being elected as a Democrat last year. Justice is also the state’s only billionaire.

What is not debatable, however, is the deadly history of the coal industry in West Virginia. That Blankenship has the audacity to file for office, exactly 110 years after the Monongah tragedy, suggests that West Virginia is full of people essentially saying, “Abuse me. Please.”

What happened at Upper Big Branch

This was the blunt conclusion of the Governor’s Independent Investigation Panel (GIIP) about UBB. Among the panel’s findings:
• The disaster was preventable because basic safety systems failed and/or were disregarded;
• These failure of safety systems was caused by a corporate culture by mine operator Massey Energy that put profits before safety;
• Massey Energy was able to operate with such a corporate culture because its dominant influence in the West Virginia coalfields allowed it to exert inordinate influence on West Virginia political officials responsible for ensuring mine safety; and,
• Those with regulatory oversight at both the state and federal levels failed in their roles as watchdogs.

In short, it is business as usual in the West Virginia coalfields. From the worst mining disaster in U.S. history, to the most recent disaster at Upper Big Branch, the words of Mary Harris “Mother” Jones are as appropriate today as when she first spoke them roughly a century ago – “There is never peace in West Virginia because there is never justice.” 

Monongah

At Monongah, both mines were less than 10 years old and were producing in excess of 12,000 tons of coal a day by the time of explosion. They were also considered state-of-the art. “Mines No. 6 and 8 both employed the most up-to-date, sophisticated ventilation systems.” (McAteer 64). John Nugent, the Immigration Commissioner for the State of West Virginia affirmed an advertisement made by The Consolidated Coal Co., Inc. seeking immigrant help. The mines, the company claimed, were, “Practically free from explosive gases.” (McAteer 74).

Obviously, the advertisements were mistaken or false. Thus, the all-too cozy relationship between operators and those charged with regulating them was formed. As the UBB GIIP reports, that has remained unchanged a century later. While the exact cause of the Monongah explosion was never determined – as much for political as scientific reasons – there was no mistaking that the influence the mining owners enjoyed with local and state politicians ensured that the operators’ interests – profits – always trumped the miners’ interests – a safe working environment.

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Headline tells of the disaster at Monongah

When the explosion occurred, 19 coal cars (each loaded with two tons of coal), being pulled out of the bowels of the mine broke free and crashed 1,300 feet back into the mine portal. The runaway cars broke lose electrical wiring, destroyed structures and ultimately disrupted the ventilation system. “At that instant, from deep within the mine an explosion rumbled, a terrible explosive report rocketing out of both mines, rippling shocks through the earth in every direction. … A second explosion followed immediately, and at the No. 8 mine entrances explosive forces rocketed out of the mine mouth like blasts from a cannon, the forces shredding everything in their path” (McAteer 116). 

Blaming the Victims

Even though an exact cause was not immediately known or even determined, it was not long before the miners themselves were made the scapegoats. Fairmont Coal Company President C. W. Watson immediately capitalized on the anti-immigrant feelings of the time, telling the New York Times almost immediately after the disaster that “… he could not account for the ignition of the dust unless it had been through careless use of an open lamp” (McAteer 158).

Conversely, Clarence Hall, a leading expert on mine explosions at the time, was in nearby Pennsylvania when the catastrophe occurred. He stated, “When I enter a mine these days it is with fear and trembling. We seem to know so little of these gas and dust explosions. Sometimes I feel the poor miner has not a ghost of a show for his life when he enters a mine.” (McAteer 159) 

Tragedy upon Tragedy

There were no organized rescue teams in U.S. mines at the time. However, the dangers to the rescuers, along with the reality that the effort was a recovery effort for dead miners allowed for time to organize miners and volunteers. Of course, rescue efforts – such as repairing the ventilation systems in the hopes of removing the deadly gases from the mines – were heroic, if unsuccessful. “What has to be said is that the rescue efforts were not successful and the equipment provided to miners to ensure their escape was inadequate” (McAteer 264).

It soon became apparent to the rescuers and stunned families of the miners gathering on the Monongah hillsides that the force of the blast, the lack of oxygen, and the instability of the mine combined for a horrible reality – virtually all those in the mine had perished. Recovered bodies were a horrid site to behold. Mine explosions “…inflict multiple-system life threatening injuries on many persons simultaneously. When the explosion is of a high order of magnitude, it can produce a defining supersonic, overpressurization shock wave” (McAteer 131).

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Photo credit: Einhorn Press

Injuries include damaged or destroyed lungs, blunt force trauma to the head and body, ruptures of the middle ear and eye, and damage to internal organs. Those that survive those injuries generally die from suffocation as lethal gases are released following the explosion. Rescuers, too, were at great risk. In addition to the instability of the mine and lack of oxygen, rescuers had no personal protective equipment or breathing devices. “Imagine a handful of reckless, bedraggled men going into the cavern with lanterns with sulfurous fumes in their faces dragging out the charred bodies of men, some with their faces burned off. That is what Monongah looked like. …In some instances the bodies were perfectly preserved and recognition was immediate; in other cases, the bodies were so badly disfigured or mutilated, identification was impossible.” (McAteer 143). 

An Unholy Alliance

Motivated by the example of John D. Rockefeller, who in the late 19th Century controlled much of the world’s oil resources, financiers from outside of West Virginia collaborated with well-connected Mountain State elected officials, judges, municipal leaders and state and local law enforcement to extract coal from its mountains, leaving not even the dignity of the coal miners intact. “The fact that the Fairmont companies, led by the Monongah mines, paid lower wages across the board meant that the three mines could sell their coal at a lower rate and thereby capture an increasing share of the markets, threatening the wages and unionization in the other states” (McAteer 101). Indeed, by the turn of the century, three men – U.S. Senators Johnson N. Camden and Clarence Watson, as well as Judge A. B. Fleming, controlled all of the mines along the Monongahela River in West Virginia, as well as the railroad lines.

Meanwhile, the company fought efforts to compensate the surviving family members of the dead miners. This is not surprising, as “In the early 1900s, families of miners who died in a mine accident or disaster had nothing in the way of economic protection and little legal recourse following a mine disaster. This was especially true in West Virginia where the coal interest was entwined with every facet of the state’s political, economic, social and legal systems” (McAteer 212).

Companies also vigorously – and successfully – opposed unionization efforts for decades. “The powerful elite of West Virginia on both Democrat and Republican side of the aisle united in their opposition to union organization efforts, and after seeing the success of the Fairmont Consolidation Company, the southern West Virginia mine operations that wished to build on the success met in secret to decide on some general plan of resistance to union encroachments based on the successful strategy employed at Monongah” (McAteer 113).

So, politicians debated and dithered. Meanwhile, miners continued to die at alarming rates. In fact, “On November 20, 1968, the Farmington Mine, a mine not five miles from the Monongah mine in the same Pittsburgh seam owned by the same company, Consolidation Coal Company, exploded, trapping seventy-eight miners” ( McAteer 262). Though federal legislation followed that disaster – the Federal Coal Mine Safety and Health Act of 1969 – the unholy alliance between coal officials and West Virginia elected leaders continued – and does to this day. For proof, we need look no further than the UBB disaster. 

We know we should learn from history. Yet, as we consider the human suffering inflicted upon the people of Monongah 110 years ago, and upon those of Upper Big Branch, Farmington, Buffalo Creek, Sago, Blair Mountain, and countless other communities since, we must conclude that we have not.

This should give us pause. The West Virginia state motto is Montani Semper Liberi – “Mountaineers are Always Free.” Though they may think they are, they are mistaken. In reality, my friend the mayor is right. The proud people of the Mountain State are not free; rather, as the Stockholm Syndrome illustrates, they “identify closely” with their crony capitalist captors and their demands.

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© Appalachian Chronicle, 2014 – 2017. Michael M. Barrick is a native of Clarksburg, W.Va. He has lived also in Weston and Alum Bridge. He presently writes from his home in Western North Carolina, but continues to visit and work in his home state. 

Works Cited
David McAteer, Monongah: The Tragic Story of the 1907 Monongah Mine Disaster (Morgantown, W.Va: West Virginia University Press, 2007).

Upper Big Branch: The April 5, 2010 explosion: a failure of basic coal mine safety practices (Shepherdstown, W.Va: Governor’s Independent Investigation Panel, May 2011).

The Sago Mine Disaster: A preliminary report to Governor Joe Manchin III (Buckhannon, W.Va: Governor’s Independent Investigation Panel, July 2006).

 

Virginia Department of Environmental Quality Criticized for Failing to Properly Study Pipeline Impacts

Experts submit reports; more than 10,000 signatures from citizens delivered

Va DEQMONTEREY, Va. – A group of thirteen expert scientists and engineers submitted reports to the Virginia Department of Environmental Quality (DEQ) on August 22, finding that the DEQ has failed in its duty to properly analyze and protect against the water quality damages the Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP) would cause to Virginia’s waters.

If approved, the two 42-inch pipelines will traverse through hundreds of miles of Virginia. The ACP would originate in northern West Virginia before ending roughly 600 miles later in southeastern North Carolina. The MVP would also originate in northern West Virginia, traverse hundreds of miles through that state before crossing into Virginia, will it will terminate. The adverse impact upon public health and the environment by the construction and operation of the pipelines has led the tens of thousands of groups and individuals across the Commonwealth and beyond to oppose their construction.

In the reports, one issued for each of the pipelines, the authors wrote that they had reviewed the information DEQ claimed to rely upon in its draft Water Quality Certifications (WQCs) and made their own independent assessments. The experts’ conclusion in each case:

DEQ’s draft WQC, which asserts that there is a “reasonable assurance” that Water Quality Standards (WQS) will be met with the conditions contained in that draft, cannot be supported by the evidence in the record and pertinent scientific authorities and knowledge. Such a finding in the Department’s recommendation to the State Water Control Board (SWCB) would be professionally incompetent and would fail to meet minimum standards of scientific proof.

The authors of the expert report have a vast depth of experience and training (nearly 400 years in professional and academic posts overall) in the entire range of scientific and technical fields pertinent to DEQ’s decisions on the pipelines. They include the incoming president of the American Fisheries Society, a member of the Virginia Cave Board, and former senior engineers and scientists at the Virginia DEQ, the Virginia Department of Transportation, and the Maryland Department of the Environment. The group includes licensed professional engineers and geologists, professors from Virginia Tech and Washington and Lee University, authors of hundreds of peer-reviewed academic papers, and those who’ve served as expert witnesses in court for DEQ and other state and federal agencies. A complete list of the authors is included below.

“The authors of this report used strong language in our criticism of the proposed findings DEQ has made in its draft Certifications for the pipelines, because we are frankly dismayed to see an agency that’s supposed to base regulatory decisions on science and law ignore the facts and betray the public,” said David Sligh, Conservation Director of Wild Virginia and a Regulatory Systems Investigator for the Dominion Pipeline Monitoring Coalition (DPMC). The two groups included the expert reports as part of extensive submittals to DEQ during the comment periods that ended yesterday.

nopipeline-e1419984524674Rick Webb, DPMC’s Coordinator said, “We are not criticizing the dedicated technical employees at DEQ and the other state agencies who’ve studied the potential impacts from the hugely-disruptive projects. In fact, we cited the recommendations agency staff made in previous comments in which they explained why much more data and analyses were needed before protection of state waters could be assured, as the law requires; that permanent damages to our waterbodies could result and residents’ wells and springs ruined without additional information and protective measures.”

“What we are criticizing is the McAuliffe administration’s regulatory proposals, which ignore the concerns and devalue the expertise of their own technical staff,” stated Sligh. “DEQ must not proceed with flawed and scientifically-unsupported recommendations to the State Water Control Board to approve Certifications for either project. If Director Paylor, Secretary of Natural Resources Ward, and the Governor mandate such an approach, then the members of the Water Control Board must play their roles as protectors of the public and reject those recommendations.”

The reports’ authors include: Dr. Paul L. Angermeier, Ralph Bolgiano, Malcolm CameronHE, David Collins, P.E., Ari Daniels, Dr. Pam Dodds, P.G., Dr. David Harbor, Robert K. Johnson, Rick Lambert, William Limpert, Dr. Brian Murphy, David Sligh and Rick Webb. For more information, including access to the complete expert report on the ACP and additional DPMC reports on the draft 401 Water Quality Certification, visit the DPMC website.

 

10,000 Comments Delivered to DEQ by Environmental Groups

Also on Tuesday, experts, landowners, and environmental groups from across the Commonwealth gathered at DEQ headquarters in Richmond to deliver thousands of public comments related to DEQ’s 401 water certification process.

The comments, collected by the Sierra Club, Chesapeake Climate Action Network, Appalachian Voices, Bold Alliance, Blue Ridge Environmental Defense League, and Oil Change International urged the DEQ to do more in order to meet the agency’s obligations to protect Virginia’s water sources from natural gas pipeline construction and operations.

“DEQ’s draft Certification is legally and scientifically indefensible,” David Sligh, former Senior Engineer at Virginia’s DEQ, said. “The processes DEQ has conducted have been unfair and inadequate to satisfy the Governor’s promises of thorough and transparent regulatory reviews. The State Water Control Board cannot certify these projects unless it can assure that all state water quality standards will be met. A rigorous scientific analysis would prove such a conclusion is impossible.”

The public comments urge Governor McAuliffe and DEQ Director David Paylor to direct the DEQ to extend the public comment period for these projects and to conduct site-specific reviews and permits for each waterway crossed by both of these pipelines. The DEQ has originally announced to the public that it would undergo site-specific reviews for these pipelines in April, but announced in June that they that the agency would instead opt to rely on the Army Corps of Engineers’ blanket permitting process.

“The Corps’ process is woefully inadequate to protect our water,” Bill Limpert, a property owner in Bath County whose property would be traversed by the Atlantic Coast Pipeline, said. “We looked at the Corps’ map of our property and we have two streams that are not even present on that map. How are they supposed to protect our waterways if they don’t even know where they are?”

Courtesy submissions

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Alpha Natural Resources Ordered to Justify Mountaintop Removal Mine Permit

Mining site on Coal River Mountain has pattern of violations

Courtesy submission

CHARLESTON, W.Va. – The West Virginia Department of Environmental Protection (WVDEP) ordered Alpha Natural Resources subsidiary Republic Energy to show cause why a mountaintop removal coal mine permit on Coal River Mountain in Raleigh County should not be suspended or revoked. The order was issued on Aug. 1. Republic has 30 days to request a hearing or a consent order; otherwise, the permit will be suspended or revoked or its bond forfeited.

Republic has received seven notices of violation at its 802-acre Middle Ridge permit since July 25, 2016. Three or more of the same type of violation within a year demonstrate a pattern of violations and initiate the “show cause” procedure.

DCIM107MEDIADJI_0005.JPG

Alpha’s Middle Ridge site above the McDowell Branch neighborhood, Clear Creek, W.Va

Alpha subsidiaries operate over ten square miles of active, approved or pending mountaintop removal sites and coal waste slurry impoundments on Coal River Mountain. Local citizens group Coal River Mountain Watch has opposed the operations because of the documented public health impacts of mountaintop removal, including significantly elevated rates of cancer, heart disease, birth defects and other deadly illnesses. Mountaintop removal also causes long-term pollution of mountain streams and the loss of access to the mountain for traditional activities including hiking, hunting, and gathering ginseng, berries, mushrooms, ramps and other forest resources. Increased runoff from the deforested sites and altered topography can also contribute to flooding.

Middle Ridge drone 4-25-17 1 text.jpg

A blast above the McDowell Branch neighborhood, Clear Creek, W.Va. Photo credit: Coal River Mountain Watch

Four of the seven notices of violation on Republic’s Middle Ridge permit were for sediment control violations related to improperly constructed ditches and sediment ditch failure. Citizen complaints generated two of the sediment control citations.

“This isn’t rocket science. It’s a ditch. If Alpha can’t even properly maintain a ditch, why should we expect them to comply with any of the other regulations and permit conditions meant to protect water quality and nearby residents and property owners,” asked Vernon Haltom, executive director of Coal River Mountain Watch.

Local residents with Coal River Mountain Watch plan to continue pushing for the permanent revocation of the Middle Ridge permit, protection for Coal River Mountain and surrounding communities, and a strong, sustainable economy for southern West Virginia.

wv-dep-logo“The West Virginia Department of Environmental Protection needs to start living up to their name and their mission of promoting a healthy environment in West Virginia,” Haltom said. “Instead, they continue to grant mountaintop removal permits knowing full well that these operations will cause long-term water pollution, serious harm to the health of people in our communities, and damage to the long-term viability of our economy.”

Coal River Mountain Watch of Naoma, W.Va., has a mission to stop the destruction of our communities and environment by mountaintop removal mining, to improve the quality of life in our area, and to help rebuild sustainable communities. The website ishttp://crmw.net.

More information

Show cause order: https://drive.google.com/open?id=0B87Y5QG4Eg0Xa211WUJEV2YxRWc

Middle Ridge violations: https://apps.dep.wv.gov/WebApp/_dep/search/Permits/ViolationsDetailsQuery.cfm?permit_id=S301712&dep_office_id=OMR

Republic Energy permits on Coal River Mountain: https://apps.dep.wv.gov/WebApp/_dep/search/Permits/RP_PermitQuery_new.cfm?office=OMR

Mountaintop Removal’s Health Impacts Examined

National Academy of Sciences to hold forum in Logan to examine impact of MTR on human health

Courtesy Submission

LOGAN, W.Va. – Three citizens’ groups that for decades have called for an end to mountaintop removal coal mining are urging their members and concerned citizens to speak up on the human health impacts of mountaintop removal coal mining during a May 23 town hall meeting hosted by a study committee of the National Academy of Sciences (NAS).

MTR 2_OVEC

Mountaintop Removal in W.Va.

As reported in the Charleston Gazette in August, 2016, the committee is charged with examining “a ‘growing amount of academic research’ that suggests ‘possible correlations’ between increased public health risks for Appalachian residents and living near mountaintop removal coal mining.”

The May 23 meeting is the second meeting of the committee as it seeks public input. It takes place at the Chief Logan Lodge, Hotel and Conference Center, 1000 Conference Center Drive here. The committee is to examine the potential human effects of surface coal mining operations in Central Appalachia. Citizens commonly refer to all large surface coal mines as mountaintop removal operations.

The meeting consists of two parts, beginning at 12:35 p.m. with an “open session” where panelists will make presentations to the committee. If registered in advance, the public will be able to attend, but not ask questions during the open session, which ends at 4 p.m. The deadline to register in advance was Friday, May 19.

The Town Hall forum at 6:30 requires no RSVP; opportunities to speak to the committee (3 minutes each) will be reserved at a first-come, first-serve basis. Please show up early to get your place in line!

Panels include one with representatives of state agencies and one with coal industry representatives. Also on a panel are representatives of the three groups urging their members to speak up—Coal River Mountain Watch, OVEC (the Ohio Valley Environmental Coalition), and the West Virginia Highlands Conservancy.

The second part of the meeting begins at 6:30 p.m. with a “town hall forum,” held, according to NAS, to “gain insights and information from people living in the surrounding communities. The National Academies study committee invites community members to attend and share their perspectives on this topic. The focus of the study is people living near coal-mining areas rather than on occupational health of coal mine workers.”

Later in the summer, meetings will be held in other states. People may also comment online.

“Mountaintop removal has ravaged the health of our communities for far too long,” says Coal River Mountain Watch executive director Vernon Haltom. “Enough solid science now tells us what common sense has told us for years: that breathing the fine, glassy silica dust from mountaintop removal sites is hazardous to our health. This ongoing practice needs to end now, and we hope the NAS committee comes to that conclusion for the sake of public health.”

“A serious review of the dozens of health studies that have been conducted this past decade is long overdue and much appreciated,” says Cindy Rank of the West Virginia Highlands Conservancy. “We encourage the National Academies team to listen carefully to the community voices whose stories and fears will impress upon you the importance and urgency of your review and recommendations.”

Haltom and Rank are two of the environmental group panelists. They will be joined by Natalie Thompson, OVEC’s executive director.

“The blasting, the worry about the next flood, the loss of your homeplace and community, these and more take a heavy toll on health,” says Vivian Stockman, OVEC’s vice director. “The NAS committee is asking to hear from the public – unlike so many politicians – so please come tell them what you know about what mountaintop removal does to your health and wellbeing.”

Background:

People living near mountaintop removal operations have long claimed that this extreme method of coal mining is making them sick. In 2004, for the draft environmental impact statement on mountaintop removal /valley fill coal mining (MTR), citizen groups compiled people’s statements about their health and wellbeing and MTR.

As the movement to end mountaintop removal grew, people’s demands that the health concerns be addressed grew, too. While politicians kept their heads in the sandresearch accumulated, corroborating what residents were (and still are) saying: MTR is really bad for human health.

MTR rally participants 2

Participants in The People’s Foot Rally Photo ©Chuck Wyrostok/AppaLight.com

People have pushed copies of all the studies into politician’s hands, in Charleston and in D.C. Folks have educated one another. Legislation, the Appalachian Community Health Emergency (ACHE) Act, has been introduced in the U.S. Congress. Rallies have been held. One of them, The People’s Foot, finally struck a chord. According to the Charleston Gazette, “The federal scientific effort also comes after West Virginia Department of Environmental Protection (WVDEP) Secretary Randy Huffman surprised citizen groups in March 2015—on the eve of a protest planned at his agency’s headquarters—by publicly saying that the health studies needed to be more closely examined by regulators, and the commitment less than a week later by Huffman and state Public Health Commissioner Dr. Rahul Gupta for a review of the issue.”

The NAS study wasn’t formally announced until 2016. News articles noted that the study came at the request of the WV DEP.  It was citizen pressure that brought DEP to finally make that request.

We urge citizens to keep up the citizen pressure. Come out May 23 in Logan, or come to one of the other upcoming meetings in other states, or send in comments.

For additional information, contact:

Vernon Haltom, CRMW, 304-952-4610 or vernon@crmw.net
Cindy Rank, WVHC, 304-924-5802 or clrank2@gmail.com
Vivian Stockman, OVEC, 304-522-0246 or vivian@ohvec.org

Pipeline Monitoring Group: FERC Not Doing Job on ACP

Dominion Pipeline Monitoring Coalition calls for agency to ‘start over and do a proper’ environmental study on the Atlantic Coast Pipeline

By Michael M. Barrick

MONTEREY, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) is again challenging the work of the Federal Energy Regulatory Commission (FERC) regarding the proposed Atlantic Coast Pipeline (ACP). In a news release, Rick Webb, program director for DPMC, said, “If built, the ACP could mar the beautiful, unfragmented viewshed of the southern end of the proposed 90,000-acre Shenandoah Mountain National Scenic Area that stretches from Rt. 250 north to Rt. 33 on the western side of the Shenandoah Valley.”

Shenandoah Mountain

Shenandoah Mountain. Photo by Brad Striebig

He explained, “The Natural Gas Act requires FERC to assess impacts to scenic areas and recreational trails. Yet, the Draft Environmental Impact Study (DEIS) for the ACP does not consider impacts to this special area which was proposed for congressional designation by Friends of Shenandoah Mountain a decade ago, recommended by the 2014 George Washington National Forest plan, and endorsed by over 280 diverse organizations and businesses.”

Webb continued, “In addition, the DEIS ignores impacts to the Wild Oak National Recreation Trail and dismisses Forest Service requests to re-evaluate wild brook trout stream crossings on Hankey Mountain.”

According to Webb, a new utility corridor across the Braley Pond area and Hankey Mountain would:

  • diminish scenic beauty
  • degrade popular recreational resources
  • fragment core forests
  • damage wild brook trout streams
  • industrialize a major gateway to the scenic area

Consequently, he noted, “A permanent corridor of this magnitude could degrade the natural and scenic characteristics of the proposed National Scenic area to the point where it could jeopardize its viability for congressional designation.”

Webb argued that FERC has failed to comply with the National Environmental Policy Act (NEPA). He argued, “In order to comply with NEPA, FERC needs to start over and do a proper DEIS that fully considers significant impacts to one of the largest, mostly unfragmented tracts of national forest land east of the Mississippi River. The proposed scenic area and its water and recreation resources are revered by the public and deserve due consideration in the DEIS.”

Webb noted that the DPMC has created an online Story Map – “Proposed Shenandoah Mountain National Scenic Area and the Atlantic Coast pipeline.”

Learn more about the DPMC here or contact Rick Webb at rwebb.dpmc@gmail

© Michael M. Barrick, 2017

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Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations

Dominion Pipeline Monitoring Coalition petitioned state official to make public information about pipeline regulatory reviews

MONTEREY, Va. – On May 5, 2016, the Dominion Pipeline Monitoring Coalition (DPMC) sent a Petition for Writ of Mandamus and Injunctive Relief to Angela Navarro, Virginia Deputy Secretary of Natural Resources, and David Paylor, Director of the Virginia Department of Environmental Quality (DEQ) to compel the state to provide information about regulatory reviews of the Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP) proposals. The Petition, prepared for filing in the Virginia Circuit Court in Richmond, describes how state officials have violated duties under Virginia’s Freedom of Information Act (FOIA).

The next day, Friday, May 6th, Deputy Secretary Navarro and Director Paylor responded through their counsel, Assistant Attorney General, David Grandis, indicating that they will provide the requested documents early this week.

JB 2

Pristine streams such as Mill Creek, in Randolph County, W.Va., would be significantly impacted by construction of the Atlantic Coast Pipeline. Photo by Michael M. Barrick.

Before the state indicated it would provide the documents, Rick Webb, DPMC Coordinator, said, “We are disappointed that Virginia’s environmental officials have failed to live up to a law designed to give Virginian’s open access to their own government. Nearly three weeks ago, we asked for public records that would help us and other citizens understand what the State intends to do to protect citizens and the environment from damages the pipelines could cause.” He continued, “Officials are supposed to respond to such information requests within five business days but we received no reply for nearly three weeks. Finally yesterday (May 4) they acknowledged they’d received our letter but did not offer to provide the information we’ve requested.”

The Virginia DEQ has a duty, under the federal Clean Water Act and Virginia Water Protection laws, to review the gas pipeline proposals and ensure that no project goes forward unless all water quality standards will be met, argued Webb. However, as DPMC’s April 14 letter recounts, Virginia DEQ seems to be willing to cover both ACP and MVP under “general permits,” essentially rubber stamping the projects under blanket approvals issued in 2012 and intended only for small projects that pose little risk to waters, Webb argued. DPMC sought public records through the April request to clarify the state’s positions and to question whether the DEQ is able to justify its approach.

The Petition can be accessed here. The FOIA request was included in an April 14th letter, which can be accessed here. The letter objected to the state’s apparent intention to certify the ACP and MVP under general permits issued in 2012. The FOIA request sought information related to the following questions concerning both the ACP and MVP:

1) Has DEQ deemed the Joint Application and/or other information submitted for the projects to be complete and accurate such that DEQ is able to make a formal finding as to the projects’ eligibility for coverage under Virginia’s blanket 401 water quality certification?

2) Has the Corps of Engineers indicated to DEQ that the projects meet the Corps’ requirements for coverage under the general Nationwide Permit 12?

3) Has DEQ made a tentative or final finding that the projects comply with the conditions of the blanket 401 certification for Nationwide Permit 12?

4) Has DEQ requested and/or received additional information from the applicants, in addition to that contained in the Joint Applications, to reveal proposed construction and detailed pollution control methods and analyze possible water quality impacts?

IM000674.JPG

Meathouse Fork in Doddridge County, W.Va. with heavy sediment resulting from pipeline construction in the summer of 2015. This would be the fate of thousands of miles of watershed should the ACP be built. Photo by Michael M. Barrick.

According to DPMC, this is the second time this year that Virginia officials have violated the Freedom of Information Act after DPMC requested records on the gas pipelines. In an earlier case, Carlos Hopkins, Counsel to Governor McAuliffe, failed to provide records within the required period. On March 4, 2016, David Sligh of DPMC wrote Hopkins: “I believe the Governor’s Office is now in violation of the time requirement for response to FOIA requests, under 37 § 2.2-3704. You informed me that the check sent on behalf of DPMC was received at your office on February 15 or 16. Therefore, the records or an appropriate response should have been sent no later than Feb. 23.”  Less than two hours after receiving Sligh’s note, Mr. Hopkins provided the documents but failed to explain the failure to abide by the law.

“This legal action is about much more than an arbitrary deadline or a technicality,” Rick Webb stated: “It’s about the McAuliffe administration’s respect for the rights of citizens trying to play their proper roles and protect their communities and natural resources. The law says a failure to properly respond to a FOIA request is the same as refusing the request outright. We won’t accept a refusal of our rights.”

Deerfield - Augusta County

A screen shot from the DPMC”s new interactive web mapping system. This is of blast radius and evacuation zones for the proposed Atlantic Coast Pipeline. Courtesy DPMC.

New Layers Added to DPMC ACP map, including blast radius and evacuation zones

According to DPMC, additional map layers have been added to the ACP-Environmental Mapping System. Features include:

1) Estimated blast radius and evacuation zone for the proposed ACP.

2) Updated ACP construction corridor and access roads for the 10/30/15 and 4/15/16 submissions to FERC.

3) Direct and core forest loss associated with the proposed ACP construction corridor and access roads.

4) Virginia property parcels.

5) Stream crossings. (Information on crossing methods and environmental factors will be added).

The current version of the ACP-Environmental Mapping system can be accessed via the DPMC website, www.pipelineupdate.org. The link is in the right-hand sidebar.

© Appalachian Chronicle, 2016.

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