Virginia Department of Environmental Quality Criticized for Failing to Properly Study Pipeline Impacts
Experts submit reports; more than 10,000 signatures from citizens delivered
MONTEREY, 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.
Rick 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?”
Appalachian Chronicle On Facebook
On Twitter: @appchronicle
Related Articles on the Fossil Fuel Extraction Industry
Obsession with Russia is manipulative, voyeuristic, and distracting from vital issues
By Michael M. Barrick
OUTSIDE THE BELTWAY, U.S.A. – Here, where it is not Red Square or either end of Pennsylvania Avenue, the spectacle playing out on our TV screens, computer devices and in the newspapers regarding alleged Russian involvement in the 2016 U.S. presidential election is simply nauseating.
For God’s sake, enough already! You’ve lost me.
I’ve quit reading, listening and watching – that includes you John Oliver, Samantha Bee, Stephen Colbert, et al. That means I’ve abandoned my primary source of news – late night comedians who are really journalists; and, my secondary sources – the mainstream media and alternative media, who are clowns posing as journalists.
It is a topsy-turvy world, indeed.
Am I surprised that Russia probably meddled in our election? No. However, I think we’ve got that covered. Between the special prosecutor and congressional committees, plenty of investigating is occurring. That’s good. What we don’t need, however, is speculation. And, 99 percent of what I’ve seen, heard or read is exactly that.
… election-meddling is not exactly new to geo-politics; the United States is quite expert at regime change – we’re just not as subtle.
On the part of the media, it’s manipulative, voyeuristic, and ultimately rooted in a sick drive for profits. But it’s also distracting us from what is important. Let me pause here and say, yes, a foreign government interfering in our election is concerning. So, let the investigators investigate. And, yes, I would expect any editor or producer to assign a reporter or two to the story. However, we have far too many issues that are simply being ignored by The Fourth Estate. Additionally, election-meddling is not exactly new to geo-politics; the United States is quite expert at regime change – we’re just not as subtle.
Hence, the media needs to abandon the feigned outrage and get to work on covering what most of us living Outside the Beltway know are the vital topics of the day.
More about those in a moment; but first, a quick demand of Congress and the president – do your jobs! America and the world have multiple challenges – not the least of which is a scarcity of leadership.
Now, about those vital topics; following is just a quick, partial run down the list:
- Health Care: Polling shows that the majority of Americans support universal, single-payer health care. In short, Medicare for all. Only one in six support the current GOP proposal. Why? Because those of us living Outside the Beltway understand that the Medicare for all approach is the most humane; it provides for our most vulnerable citizens.
- North Korea, et al.: Even our own military strategists say that a war with North Korea would almost certainly kill millions, and perhaps tens or hundreds of thousands just on the first day. The Korean War, which is still technically exactly that since we have only a truce with North Korea, was caused by inept diplomacy – Harry Truman indicated to the Russians that the U.S. would not wage war over control of the Korean peninsula. Today, we have a president who is the opposite. All he does is issue threats. Every president in between has kicked this matter down the road. That simply won’t do anymore. What I believe we expect Outside the Beltway is that a peaceful solution be found. Yes, waging peace is harder than waging war. But hey, we sent men to the moon. We’ve sent enough of our youngest adults to die on foreign sands and distant hills. We can figure this out.
- Campaign Finance: Because of Citizens United, we are experiencing an age of crony capitalism like that of the Robber Barons of the late 19th and early 20th centuries. This is evident in many places, but currently most obvious in the health care debates. Insurance and pharmaceutical companies are among the biggest obstacles to meaningful – and simple – reform (we’ve been doing Medicare a good while now). Gerrymandering has also altered the political landscape in a manner not consistent with voting patterns, accomplished through the buying of legislatures by the millionaire class. As a result, our most fundamental right – the right to choose our elected representatives – has been degraded or denied.
- Infrastructure – From aging school buildings to hospitals not equipped to handle modern telemetry, to collapsing bridges and pot hole-filled roads, we have simply been negligent. We have not maintained our infrastructure. We all know it. We all see it. We have allowed private companies to own and manage our water systems, diverting money that should be reinvested in those systems to far-away shareholders that care only about profit and nothing about the quality of the water you and I drink. Certainly, the country that intends to send people to Mars by 2040 can fix roads and sewer pipes.
- Failed War on Drugs: Billions of dollars have been spent, and tens of thousands of people sent to prison, simply to restrict the use of a naturally growing plant – marijuana. Our treatment of it – legal here, illegal there – is more schizophrenic than any alleged side effect of it. Three years ago, when interviewing John Buckley, the Libertarian candidate for the U.S. Senate in West Virginia, this is what he had to say about the War on Drugs: “What makes drugs a threat to society is the drug gangs pushing them because there is a hefty profit in pushing it. We have not stopped the war on drugs. We have not accomplished the goal. We have spent money. We’ve jailed people, yet we still see an increase in crime. We haven’t made a dent. We have set horrible legal precedents in rigorous law enforcement. When you add them all up, and say we haven’t made a dent in drug abuse, it cries out, ‘Is there a new approach?’ If you eliminate the profit, you eliminate the gangs and the terrorists profiting from it. If we will take a new approach, then it allows us to address it as a medical issue, not a criminal issue.” He was right then, and has been proven to be right repeatedly since that interview.
- Education: We’ve known for years that educators reaching retirement age hit the door the first minute they can; what is more disturbing is that our best and brightest young teachers are leaving also. Why? They have lost control of their classrooms to everything from bureaucratic interference to children not ready for school because of poor living conditions. Virtually our entire society makes its way through our public schools. If we do not address society’s problems, every day in the classroom becomes more difficult. And, there are systemic problems as well. This is an example where a political party – in this case, the Democrats – must challenge a sacred cow. Yes, public education is essential; that, however, does not mean we refuse to take a critical look at its failures and alternatives. Additionally, the cost of college (and textbooks) must be addressed. Having to go into debt for years to earn a degree is counter-intuitive. Once educated, one cannot contribute to society unless unencumbered with unnecessary debt.
- Ecology: Last, but certainly not least, is how we approach the management of the ecology – that is, our interaction with the natural world. Presently, human health and the environment are in great distress for a number of reasons. Mountaintop removal, fracking, clear-cutting and other practices that support the fossil fuel industry are harming people and the land, air and water which give us life. Climate change is real. Responsible reporters, for example, should not be asking politicians if they believe in climate change; rather, they should be asking what they know about it and how they intend to address it.
This is by no means an exhaustive list. I’m sure you can certainly add to it. My prescriptions to the vital topics of the day may be different than yours. In fact, they likely are. That doesn’t matter nearly as much as this: that we agree that politicians of all stripes and the media need to be taking a critical look at these issues and working together to solve them rather than obsessing over Russia. In time, conclusions by the Authorities Having Jurisdiction regarding Russia will be reached. That will be news. For now, all the talk inside the beltway and TV studios is simply commentary that rivals the Tower of Babel.
We expect action, not talk. Sure, there are political purists (or opportunists) who will refuse to work with others, but they are in the minority. We know that because in our families and communities, we have to work together.
At least, that’s how it is Outside the Beltway.
© Michael M. Barrick, 2017
Corporate Sway, Conflicts of Interest, and Revolving Doors
BUFFALO, N.Y. – The powerful forces pushing a controversial pipeline proposed for West Virginia, Virginia, and North Carolina include Dominion Energy and its influential CEO Tom Farrell, state politicians that are top recipients of Dominion donations, and an army of revolving door lobbyists, including a former EPA official, according to a new report.
The report, from the nonprofit watchdog group Public Accountability Initiative, examines corporate influence, political donations, revolving door lobbyists, regulatory conflicts, and the banks behind the controversial proposed Atlantic Coast Pipeline. It is the third in a series that examines the power relations behind a range of controversial pipeline projects in the United States.
The most powerful backer of the Atlantic Coast Pipeline is Dominion Energy, an energy utilities company that has vast influence within Virginia and is one of the state’s biggest political donors. Dominion CEO Tom Farrell sits on multiple influential boards, has powerful family connections, and is one of the state’s biggest individual political donors.
Some of the most vocal supporters of the pipeline within Virginia politics have been the biggest recipients of Dominion donations. Dominion also has an army of revolving door lobbyists that have pushed politicians and regulatory agencies to support the pipeline. One of these lobbyists includes a former Environmental Protect Agency official, now working for Dominion.
It’s important that the public is aware of the power behind the Atlantic Coast Pipeline, which includes a company that gives millions to state politicians and hires lobbyists with ties to elected officials and regulatory bodies.” – Derek Seidman
“The Atlantic Coast Pipeline has been widely unpopular with residents in Virginia and elsewhere who stand to be impacted by it,” said Derek Seidman, a research analyst at PAI and author of the report. “It’s important that the public is aware of the power behind the Atlantic Coast Pipeline, which includes a company that gives millions to state politicians and hires lobbyists with ties to elected officials and regulatory bodies.”
There are other troubling signs of conflicts of interest and revolving door politics surrounding the Atlantic Coast Pipeline. Key members of Virginia’s Department of Environmental Quality, who must review the pipeline proposal and make recommendations regarding its approval, have accepted gifts from Dominion personally or through their organizations, and one director appears to have previously represented Dominion as an attorney. Regulatory agency staff sit on multiple boards with members of Dominion management. Dominion’s CEO and Senior Vice President of Sustainability also served nearly eight years as Director of the Air Division of the Virginia DEQ.
“It’s worrying that the entities that must approve the Atlantic Coast Pipeline have ties to Dominion,” said Seidman. “With such a controversial project that could put nature and so many people at risk, there really needs to be more transparency and accountability behind regulatory efforts.”
The report also highlights the nearly three dozen banks who are lending to Dominion and Duke Energy, and who may profit off of the pipeline. Eighteen banks are lending to both of the corporations, and all but two of these banks are also helping to fund the controversial Dakota Access Pipeline. Duke Energy, the powerful North Carolina-based energy corporation, is the pipeline’s second biggest stakeholder.
To read the full report, go to: http://public-accountability.org/2017/06/the-power-behind-the-pipelines-atlantic-coast-pipeline/
Appalachian Chronicle on Facebook
On Twitter: @appchronicle
His shameless contempt for working people is business as usual in West Virginia
By Michael M. Barrick
I was with my uncle once when he was appealing a local property tax assessment. He was told that he had the right to appeal, but that the appeals board could, if it wanted, actually raise his taxes if they deemed it appropriate. They could also uphold it, or reduce it, but that initial caveat was enough to give pause.
It’s too bad that isn’t the scenario faced by Don Blankenship as he appeals his conviction to the U.S. Supreme Court for conspiring to violate mine safety laws. He just recently completed his paltry one-year prison sentence for that conviction, which was based on charges after 29 coal miners were killed at the Upper Big Branch (UBB) mine, which at the time was owned by Massey Energy. Blankenship was its CEO and court testimony revealed that he was intimately involved in the conscious efforts to violate mine safety standards – violations that eventually led to the explosion that killed the UBB miners. These facts were supported by the “Report to the Governor” by the Governor’s Independent Investigative Panel. It characterized the April 5, 2010, explosion: as “ … a failure of basic coal mine safety practices.”
So, if there was justice in this country, Blankenship could appeal, but would face these options, as did my uncle:
- Conviction upheld
- Conviction overturned
- Conviction upheld, and the judges rule that the one-year sentence was a perversion of justice and that Blankenship is to immediately be returned to prison for the rest of his life.
Unfortunately only the first two options are available. So, the families of those killed at UBB are again subjected to another news cycle of Don Blankenship pretending he is not only innocent, but as he wrote in his little pamphlet after his conviction, “An American Political Prisoner.”
Meanwhile, surviving family members of the UBB tragedy are unwilling prisoners to the memories of their lost loved ones, for that and photographs is all that is left of them.
This, sadly, is too typical of the stories out of West Virginia. Don Blankenship got by with murder. His self-published book is infuriating; his continuing denials and appeals nauseating.
The state of West Virginia is the poster child for the horribly negative effects upon working class people by crony capitalists. This is not news. Sadly, to a large extent, the people of the Mountain State have brought this upon ourselves. We elect people to office who not only refuse to ensure proper laws and regulations are in place to protect miners and all of the state’s workers, but also instead roll them back.
The discovery of coal, gas and oil throughout the state in the 19th century led to an unholy alliance among industrialists and politicians; to this day, it continues to subjugate the people of West Virginia for its own personal profit. The judiciary is next to useless, as it is full of minions financed by – you guessed it – Blankenship. The new governor, Jim Justice, not only has a record of ignoring and delaying payment of fines for his own mining operations, he is the state’s richest man. He talks the game, but his record suggests that his preferential concern is for his cronies, not his constituents.
Meanwhile, the state’s Department of Environmental Protection (DEP) is known throughout the state as the “Department of Everything Permitted.” And, that was before Justice purged it of previous top officials who were constantly criticized by environmental and public health advocates. In comparative hindsight, they were true champions of the people. So, despite the evidence of extreme threats to public health and the environment, Mountaintop Removal permits are rubber-stamped by DEP, despite the best efforts of citizens and environmental groups such as Coal Mountain Watch, OVEC, and countless others.
Meanwhile, anyone attending the various meetings for the proposed Atlantic Coast Pipeline and Mountain Valley Pipeline has witnessed the collusion among industry, politicians and law enforcement, in scenes reminiscent of the West Virginia Mine Wars when private detectives and local cops worked for the coal companies. At one meeting in Jackson’s Mill in 2014, I saw several hundred residents – some who had driven more than two hours over the state’s winding roads – leave in total disgust. They saw that the cards had been stacked against them before they walked through the door. What had been billed by industry officials as a “town hall” was really an opportunity to spew forth propaganda. They aligned themselves as if at a trade show. There was absolutely no opportunity for citizens to ask questions in a public forum that would have allowed for give-and-take. The gas company knows how to silence citizens. But just in case they failed, standing outside were several county deputies dressed in full riot gear.
The message was delivered loud and clear: We’re in charge, this is a show, and there is nothing you can do about it.
It is this absolute control of West Virginia’s economy and political system by the fossil fuel industry that allows them to be disdainful of the people of West Virginia – and to cause Don Blankenship to delude himself into thinking he’s a political prisoner. The truth is, he is simply another fat cat conducting business as usual in West Virginia, and getting by with murder in the process.
West Virginia’s state motto is “Mountaineers Are Always Free.”
Well, we aren’t. In fact, it is we, not Don Blankenship, which are the political prisoners. If only we had the fight in us that Blankenship has. How long will we be prostrate at the feet of the likes of Blankenship?
© Michael M. Barrick, 2017
On Twitter: @appchronicle
To receive a PDF of the Governor’s Independent Investigative Panel on the UBB disaster, send an email to email@example.com
Dispute is a distraction causing some environmentalists to miss the forest for the trees
By Michael M. Barrick
WESTON, W.Va. – On April 27, five environmental groups released a statement pointing out that the plans for the proposed 600-mile Atlantic Coast Pipeline (ACP) would include widespread destruction – what they termed “decapitation” – of nearly 40 miles of mountain ridge tops along the proposed route, including just a few miles from here.
In alerting the public to the devastating impact of these plans by Dominion Resources, the groups issued a news release with the headline, “Atlantic Coast Pipeline Would Trigger Extensive Mountaintop Removal.” In response, the groups were attacked by some other environmentalists who claim that what is planned by Dominion does not constitute Mountaintop Removal (MTR).
In fact, it has led to quite an online discussion – a discussion that has been relatively polite but undeniably silly. I fail to see the consternation over making a distinction. Dominion is planning on removing the tops of mountains. What else to call it? Calling it what it is does not diminish the horrors of MTR as we’ve come to see it. However, failing to call this type of pipeline construction MTR does diminish the horrors it will unleash upon our communities and the land that supports them.
So, when we received the news release, we headlined our article, “ACP Would Require Extensive Mountaintop Removal.” I’ve had a couple of readers object to the use of the MTR moniker. I have responded that at the Appalachian Chronicle we will continue to call it Mountaintop Removal because that is what it is. Whether the fossil fuel industry extracts gas, oil or coal, the outcome is the same: destroyed sacred mountaintops.
Mountaintop Removal is Mountaintop Removal. That is what I’m going to call it, because that’s what the hell it is.”
This type of discord within the environmental social justice community is exactly what Dominion Resources and their co-conspirators in the fossil fuel industry want. What is most disturbing is that it is a self-inflicted wound.
The odds are stacked against us. Let us not get bogged down in semantics; in doing so, we give ammunition to the energy industry. Let us agree, that when you remove the tops of mountains, create millions of tons of overburden, destroy streams and forests, and harm public health, what you are doing is MTR. The scale is irrelevant. Destruction is destruction.
And Mountaintop Removal is Mountaintop Removal. That is what I’m going to call it, because that’s what the hell it is.
© Michael M. Barrick, 2017
On Twitter: @appchronicle
A poem dedicated to Dominion Resources
By Michael M. Barrick
Note: This poem is dedicated to Dominion Resources. Originally published in January 2015, I am re-publishing it today in light of recent news stories about Dominion, including this one we published yesterday and this one.
Dominion they call themselves.
And they believe it.
They have deceived themselves,
intoxicated by false power.
They are a god – of greed.
Though their foundation is illusory,
disregarding all in life that is of true value,
it sustains them for they esteem only profit.
Their minions are experts in the law.
Like Sanhedrin, they use the letter
to crush the spirit.
What is theirs is not enough;
what is yours is in their sights.
What is yours is negotiable –
on their terms.
What is sacred to you
The old home place;
the sunrise over the ridge;
the moon hanging in the
deep blues of night.
The stars which pre-date
their temporal, mortal
they don’t even glimpse.
The only green they see
is on currency.
The ancient rocks,
which for generations
have served as sentinels,
as comforting reminders of
a shared heritage,
they plow away
with their machines.
A walk in the woods,
which for you is a moment
of holiness – an opportunity
to pass along wisdom
to your grandchildren –
is to them merely a survey.
The narrow, crooked paths
made through time by
will not be enjoyed by
They shall cross them
with a straight, 42-inch
cylinder of pipe,
indifferent to the heritage
they disrupt and destroy.
© Appalachian Chronicle, 2014 – 2017
On Twitter: @appchronicle
Proposed route by Dominion would destroy nearly 40 miles of ridgetops, cause ‘irrevocable harm,’ say environmental groups
RICHMOND, Va. – A briefing paper released today details how Dominion Resources intends to blast away, excavate, and partially remove entire mountaintops along 38 miles of Appalachian ridgelines as part of the construction of the Atlantic Coast Pipeline (ACP).
There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.” – Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition
The briefing paper was prepared by the Chesapeake Climate Action Network in coordination with the Allegheny-Blue Ridge Alliance, Friends of Nelson, Appalachian Mountain Advocates, and the Dominion Pipeline Monitoring Coalition. It cites data from the Draft Environmental Impact Statement (DEIS) prepared by the Federal Energy Regulatory Council (FERC) as well as information supplied to FERC by Dominion. It also compiles information from Geographic Information System (GIS) mapping software and independent reports prepared by engineers and soil scientists.
They found that Dominion would require mountaintops to be “reduced” by 10 to 60 feet along the proposed route of the pipeline. For perspective, the height equivalent of a five-story building would be erased in places from fully forested and ancient mountains.
Furthermore, Dominion has yet to reveal how it intends to dispose of at least 247,000 dump-truck-loads of excess rock and soil – known as “overburden” – that would accumulate from the construction along just these 38 miles of ridgetops.
It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” – Ben Luckett, Staff Attorney at Appalachian Mountain Advocates
“In light of the discovery that the ACP will cause 10 to 60 feet of mountaintops to be removed from 38 miles of Appalachian ridges, there is nothing left to debate,” said Mike Tidwell, Executive Director of the Chesapeake Climate Action Network. “Dominion’s pipeline will cause irrevocable harm to the region’s environmental resources. With Clean Water Act certifications pending in both Virginia and West Virginia, we call on Virginia Governor Terry McAuliffe and West Virginia Governor Jim Justice to reject this destructive pipeline.”
Dominion has submitted a proposal to FERC to build a 42-inch diameter pipeline that would transport natural gas from West Virginia into Virginia and North Carolina. The groups assert that Dominion has attempted to paint the ACP as an “environmentally-friendly” project. However, they argue that proposed construction methods and route selection across and along steep mountains is unprecedented for the region – if not the country – and are viewed as extreme and radical by landowners, conservationists, and engineers. Similar impacts – although not yet fully inventoried – could come from the construction of a second pipeline to the south: the Mountain Valley Pipeline led by the company EQT Midstream Partners, LP.
“The ACP could easily prove itself deadly,” said Joyce Burton, Board Member of Friends of Nelson. “Many of the slopes along the right of way are significantly steeper than a black diamond ski slope. Both FERC and Dominion concede that constructing pipelines on these steep slopes can increase the potential for landslides, yet they still have not demonstrated how they propose to protect us from this risk. With all of this, it is clear that this pipeline is a recipe for disaster.”
Key findings of the report include:
- Approximately 38 miles of mountains in West Virginia and Virginia will see 10 feet or more of their ridgetops removed in order to build the ACP; this figure includes 19 miles each in West Virginia and Virginia.
- The majority of these mountains would be flattened by 10 to 20 feet, with some places along the route requiring the removal of 60 feet or more of ridgetop.
- Building the ACP on top of these mountains will result in a tremendous quantity of excess material, known to those familiar with mountaintop removal as “overburden.”
- Dominion would likely need to dispose of 2.47 million cubic yards of overburden, from just these 38 miles alone.
- Standard-size, fully loaded dump trucks would need to take at least 247,000 trips to haul this material away from the construction site.
Ben Luckett, Staff Attorney at Appalachian Mountain Advocates, said, “It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” He argued, “FERC and Dominion’s complete failure to address this issue creates a significant risk that the excess material will ultimately end up in our waterways, smothering aquatic life and otherwise degrading water quality. Without an in-depth analysis of exactly how much spoil will be created and how it can be safely disposed of, the states cannot possibly certify that this pipeline project will comply with the Clean Water Act.”
“Even with Dominion’s refusal to provide the public with adequate information, the situation is clear: The proposed construction plan will have massive impacts to scenic vistas, terrestrial and aquatic habitats, and potentially to worker and resident safety,” said Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition. “There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.”
Appalachian Preservation Project on Facebook
Appalachian Chronicle on Twitter: @appchronicle
Just three days remain to submit comments to FERC about the ACP
By April Pierson-Keating
BUCKHANNON, W.Va. – The comment period on the 42” Atlantic Coast Pipeline comes to a close this Thursday. Anyone who made comments during the pre-filing period MUST submit those comments again, since the Federal Energy Regulatory Commission has essentially tossed those into a pile of “old business.”
If you are a landowner, you may have already commented. If you are not a landowner along the route, perhaps you are an abutter (one next to property on the pipeline). If you are neither of these things, perhaps you are still concerned about threats to water, safety, and public health, or future economic development. All of these are valid concerns. You should write to the FERC.
Abutters will face most of the same risks as affected landowners, without the offers of money for the use of their property – water contamination, stream degradation, soil contamination, danger of fire or explosion, lowered property value among them. You have a right to have your concerns heard.
Even those not directly abutting could be negatively affected. The incineration zone is 3600 feet from the pipeline center. Our high school sits within the incineration zone, as does our state police barracks.
The evacuation zone a pipeline this size is 2 miles. If you are wondering if your property is in the evacuation zone, you can consult the GIS layered maps at http://www.pipelineupdate.org. Does your community have an evacuation plan? If not, you might consider asking your county commission, local emergency planning commission, or office of emergency management to develop one. Better yet, consider joining one of these organizations, or even creating a planning commission in your community to address issues that are receiving short shrift.
This project has many more costs than benefits, though you may have only heard about the benefits. Some of the drawbacks include millions in foregone economic development (who wants to start a small business in an incineration zone?), reduced property value (try selling your house when you tell prospective buyers they may be caught in a gas fire), and stream degradation (siltation during construction kills stream life). We have seen this happen with the Stonewall-Momentum gathering line.
The 75-foot permanent easement will be sprayed with herbicides that will runoff into streams, and you can’t put anything but a flower garden on it. The 42” monstrosity will cross the Buckhannon River, our water source, and tributaries nine times, and cross over miles of underground mines.
The pipeline is buried only feet below the surface, but how far below our streams will it be built? This question has been posed to Dominion by city officials and has yet to be answered. Will it be deep enough to protect the stream bed from going under, or will it be deep enough to connect with underground mines? Either way, our drinking water source is at risk.
What about jobs? Looking at the Draft Environmental Impact Statement (DEIS) for this project (bear in mind this is info given to the FERC by Dominion) there could be 384 temporary jobs and only 22 permanent jobs. What is temporary? The DEIS says the work tours will be 6-12 weeks long. Is it worth risking our water, safety, public health for a few temporary jobs?
How many employees will be locally hired? Not many, if you consider what happened with the Stonewall Momentum gathering line. Very few will be from West Virginia; most of them will be from the south and west. Skilled workers are moved from site to site, not hired locally.
Who will pay for the $5billion project? Why, the ratepayers, of course, in the form of higher energy rates. Will it provide gas to our area? Nope. All of it is being sent out of state and offshore, so the companies owning it can make money selling it on the world market (where the going rate is higher than domestic). When that happens, our energy prices will rise.
What about tax revenue? Whatever money might come from this project will go to the state coffers, and they will dole it out as they please. Will it go for roads, schools, and other community projects? That is anyone’s guess, but the company has no stated plans to pay for roads or loss of life or property. The fact that they are a limited liability corporation means they won’t be liable for damages.
Don’t take my word for it; have a look at the DEIS yourself: https://www.ferc.gov/industries/gas/enviro/eis/2016/12-30-16-DEIS.asp
This project would have about 1,000 miles of access roads, effectively tripling its length. It will cross almost 2,000 waterways and affect the delicate Karst cavern and water filtration system. Moreover, we know that fracking is going to increase as soon as these projects get their certificate from the FERC. And we know what this means for our region: more water consumed, toxified, and injected, causing earthquakes, water and air contamination, and an exacerbated health crisis.
New York and Maryland have banned fracking. Have they done this because they want to live in the dark ages again? No, it is because they have looked at the evidence and wish to protect their communities. Surely, they want to develop energy and create jobs, but in a healthy, ethical, and sustainable way.
The only way to protect our water, safety, and public health and provide safe jobs is to invest in other types of energy – clean, green energy. Solar power provided more jobs in 2015 than coal, oil and gas combined. Companies like Coalfield Development Corporation are using federal dollars from programs like the Power Plus Plan to train former coalfield workers to do the new jobs that are part of a sustainable future: installing solar panels, sustainable construction, reclamation and remediation are just the tip of the iceberg. Talk about providing jobs – there it is! And guess what – we don’t have to live in the dark.
The deadline for comments is April 6 at 4:59p.m. Comments can be submitted on paper or electronically, at www.ferc.gov. Search for 556-mile Atlantic Coast Pipeline, click on the link for the DEIS, and choose the docket # for the project you wish to comment upon. Most people use the pipeline itself (CP15-554), but the 37-mile Supply Header Project in Marshall, Wetzel, and Doddridge are also part of the picture.
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.”
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.”
© Michael M. Barrick, 2017
We are on Facebook
On Twitter: @appchronicle
Dangers of fracking, benefits of Clean Energy in West Virginia are covered in the 28-page newspaper, Renew West Virginia
By Michael M. Barrick
HUNTINGTON, W.Va. – One of the most established and influential environmental and social justice organizations in West Virginia is printing and distributing 29,000 copies of its own newspaper – Renew West Virginia.
The Ohio Valley Environmental Coalition (OVEC) stated in a news release, “The publication … examines the health and pollution impacts of the fracking boom in other areas of West Virginia, and details fracking-related projects proposed for the greater Huntington area. It also explores the nationwide growth of renewable energy and related jobs, with a focus on the renewable energy efforts underway in Cabell and Wayne counties.
It will be distributed to residents of Cabell, Wayne, Putnam, Jackson and Roane counties. It is being sent to those “ … who reside near some of the proposed pipelines and their associated compressors stations,” explained OVEC in the statement. It is also available online.
The proposed route for the Mountaineer XPress Pipeline, as provided by Columbia Gas Transmission online.
The newspaper has been published, said OVEC in its release, to answer the question, “What is our energy future?” The question is timely, argued the organization. It noted, “A total of nine large diameter pipelines are proposed to come through the Huntington area. Unlike the Dakota Access Pipeline and the Keystone XL Pipeline, which are largely completed already, the fracked-gas pipelines proposed for the Huntington area are not yet in construction, and some are still in the planning phases.”
It continued, “Columbia’s Leach XPress pipeline is planned to bore under the Ohio River near Camden Amusement Park, and Columbia’s Mountaineer XPress pipeline is currently in the public comment phase. There is also industry discussion now about fracking the very deep Rogersville Shale which underlies the Huntington area.”
As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.” – OVEC Executive Director Natalie Thompson
There is a better way, argues OVEC in Renew West Virginia. OVEC Executive Director Natalie Thompson said, “All across the United States, a new energy for citizen action is emerging. We need to tap into that energy and work with others concerned about the severe climate impacts of these planned developments in our neighborhoods.” She continued, “As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.”
Robin Blakeman, OVEC’s project coordinator, added, “We see the problems our neighbors in north central West Virginia have faced with the rise of deep shale fracking-related activities. We’ve published Renew West Virginia because we want to make certain that people know deep shale fracking-related activities are not the same as our grandfathers’ oil and gas industry.” She added, “Renewable is doable! We can choose to move West Virginia’s economy into the 21st century by embracing cleaner renewable energy.”
Indeed, the impact of fracking upon the state’s northern counties, as well as residents in Pennsylvania, New York and elsewhere are revealed in the newspaper. On page 3, under the headline, “Not Your Grandfather’s Oil and Gas Industry,” a new fracking well pad dwarfs an older well. With that startling contrast catching your attention, readers are informed, “To learn what this oil and gas rush would mean for our communities, we look to our northern neighbors. Explore these pages to learn more about what our region faces, about fracking-related activities, and about cleaner, healthier alternatives.”
A number of topics are covered, including the growth of renewable energy. There is also a section on the Rogersville Shale field – 12 to 14 thousand feet under about 12 counties in West Virginia and several more in Kentucky – which is in the sights of the gas industry. The Marcellus Shale, in contrast, is about 5,000 feet below the surface. The publication asserts, “If the Rogersville Shale is extensively developed, the Huntington/Wayne County area would be harmed by unprecedented deep fracking, with much of the oil and gas apparently slated for export overseas.”
Additionally, the publication points out that much of the gas being extracted from the West Virginia shale fields are earmarked for export, despite federal regulations designed to prevent that. It shows how a state court victory for citizens could thwart industry plans to export the gas they seek to extract. The ruling prevents gas companies from accessing private property. Hence, depending upon other factors, the ruling could severely limit construction, and hence production and, ultimately, export of the fracked gas. Consequently, the construction of pipelines and compressor stations, not to mention the many adverse impacts of fracking, could conceivably be severely restricted by West Virginians firmly standing for their rights.
In that decision from a case in Monroe County, the West Virginia Supreme Court upheld a ruling by Monroe County Judge Robert A. Irons ruling that landowners do have the right to prevent pipeline surveyors from coming on their property to survey for the proposed Mountain Valley Pipeline (MVP). This was a clear win in checking gas companies’ abuse of eminent domain. He ruled what MVP’s attempts to get on private property without permission based on the premise of eminent domain is illegal because it was “private taking for private use.” In other words, the pipeline is not for public benefit, affirmed the court, but for the profit of the energy companies building them.
Other issues explored include public health and environmental complaints in Pennsylvania; the impact upon water supplies from depletion of lakes to pollution through leaching; earthquakes occurring where none had before the fracking boom; public health impacts, ecological risks, and overall nuisances of fracking well pads; and, a review of the impact of nine proposed pipelines, many of which would run under or near the Ohio River.
Readers are also encouraged to know and defend their rights. “Folks in West Virginia living along the paths of these proposed pipelines are advised: If pipeline land men come looking for you, know your rights! OVEC can suggest knowledgeable and trustworthy lawyers.”
The dangers of compressor stations are illustrated vividly through the photo of a child who was part of a health study in New York. As noted in the caption, residents suffered from asthma, nosebleeds, headaches, and rashes. On the same page, readers learn. “The Pennsylvania Medical Society has called for a moratorium on new shale gas drilling and hydraulic fracturing.”
In-depth reporting is provided on the “typical steps” for a Marcellus Shale gas operation. Numerous photos tell their own stories. Radioactivity in fracking well waste is explored. The paper notes, “In December 2016, the journal Environmental Science & Technology Letters reported on a study that found some well waste from the Marcellus Shale in Pennsylvania contained radioactive material not previously reported, with the potential for leaching from landfills into the environment.” Over two pages, Renew West Virginia thoroughly reviews the science that proves fracking creates radioactive waste. Furthermore, they note that disposal of it is barely, if at all, regulated.
The newspaper also includes news of grassroots victories against pipelines; points out that the clean energy economy employs four million people in the United States; and, provides extensive analysis of solar energy.
OVEC will distribute copies of Renew West Virginia at an informational meeting at 6 p.m. on Wed., March 15 at the Main Cabell County Library, 455 9th Street (at the corner of 5th Ave. and 9th St. in downtown Huntington).
To contact OVEC or to learn more about Renew West Virginia, click here.
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, 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 heaving minerals and radioactive materials recovered as part of the extraction process.
© Michael M. Barrick, 2017
We are on Facebook
On Twitter: @appchronicle