Category Archives: Public Health

The Deceived ‘god’

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
they curse.

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
white-washed tombs,
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
your ancestors
will not be enjoyed by
your descendants.

They shall cross them
with a straight, 42-inch
cylinder of pipe,
indifferent to the heritage
they disrupt and destroy.

AJ and Grandpa 9

Above, the author enjoys a walk in the woods with his granddaughter in Lewis County, W.Va. Below is Shenandoah Mountain in Virginia. Photo by Brad Striebig. Though Dominion did not create these streams, woods, ridges and mountains, it will not hesitate to claim it all as its own and destroy it. Unless, we dare to speak out.

Shenandoah Mountain

© Appalachian Chronicle, 2014 – 2017

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ACP Would Require Extensive Mountaintop Removal

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

CCAN logoThe briefing paper was prepared by the Chesapeake Climate Action Network in coordination with the Allegheny-Blue Ridge AllianceFriends 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.

ABRA-Logo-Square-100-1Furthermore, 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.”

MTR 2_OVEC

Mountaintop Removal – Courtesy of OVEC

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.

Friends of Nelson“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.

APPALMAD-LOGO-223Ben 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.”

The full briefing paper is available here.

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Pipeline Proposal Raises Questions that Beg for Answers

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.”

IM000674.JPG

Meathouse Fork in Doddridge County with heavy sediment resulting from the Stonewall Momentum 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

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.

IMAG0894

A convoy of fracking industry gas trucks rumble through downtown Weston, W.Va. at lunchtime. Photo by Michael M. Barrick

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

IM000692.JPG

In this standard operating procedure for the natural gas industry, pipeline construction passed within 100 feet of this home in Big Issac, W.Va., creating a permanent safety risk and a long season of no sleep for residents during construction. The stream nearby was also compromised. Photo by Michael M. Barrick

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.

© April Pierson-Keating, 2017. Pierson-Keating is with the Mountain Lakes Preservation Alliance. To view their gallery of photos from pipeline construction and fracking operations, visit here.

Why People Deny Global Warming Clues

Five reasons why people refuse to accept global warming

By S. Tom Bond

When 97 percent of the scientists (that is, the people that are trained to study the problem) agree that global warming is happening and will continue to happen, why do people deny it is going on? As the poet says, “Let me count (some of) the ways.”

Clues of climate change NASA

Clues of Climate Change – NASA

Reliance on the mainstream media

Many simply follow the news. With its “On the one hand, and then on the other hand” approach to coverage (to avoid driving off advertisers and readers), the mainstream media do not adequately report the facts that are substantiated by scientific research. Reporting on science takes a special type of reporter, as well as producers and editors with patience and understanding. Lacking those, as we do, the facts get lost in the “she-said, he-said” approach. The facts are indisputable however: melting glaciers, decline of arctic ice, average world temperatures rising year after year, range inhabited by many species moving north, changes in weather, melting permafrost, famine, and drought among the obvious symptoms of global warming.

Refusal to accept new ideas

Many folks don’t have a view that extends beyond their home, job and family. They have difficulty accepting a new paradigm, and new framework of understanding.”

Even when the news about global warming is reported fully and accurately, there is still the problem of humanity’s tendency to resist change. Many people are unwilling to accept new ideas. Many folks don’t have a view that extends beyond their home, job and family. They have difficulty accepting a new paradigm, and new framework of understanding.

One thinks of the change when the earth was thought flat, then was recognized to be a very large sphere, or when the sun was thought to cross the earth, then it was recognized the earth went around the sun. When new ideas are incorporated into the public discourse, it takes a while for most folks to adapt. Today there are a few people dedicated to older ideas, such as the earth is cooling, or that a warming earth produces higher carbon dioxide content in the earth’s atmosphere, rather than the other way around. If someone has ideas based on earlier science, it may be hard to accept global warming.

Religious dogma

Some think God wouldn’t allow global warming. It is his creation and it will end in fire when He is good and ready. Global warming – ironically – does not fit their apocalyptic vision. Don’t argue with them.

Greed

Perhaps the most basic cause of global warming is as old as mankind: cupidity. The petroleum industry is an elite sector because of its wealth, which purchases political power. What it covets, it gets – all while it spends billions on advertising to implicitly and explicitly discredit global warming and those studying it. There is extensive information on situations where the business elite have interests that gives them an advantage that is contrary to the long-term interest of the society. The business elite persists until the society no longer has some resource it needs to continue, so it crashes. One of the most famous of these is the deforestation of Easter Island, which caused a population crash and an abrupt change in culture.

… all of us need to recognize our limitations and trust experts.”

Of course, training in a science does little to help in business. So this peculiarity of omission of understanding of other areas is not one-sided. My point is that all of us need to recognize our limitations and trust experts. It must be a much greater temptation for a businessman with millions at his disposal to ignore or deny science that will hinder his success than for a scientist with almost no disposable wealth to ignore business ideas opposed to his success. But the future of the earth depends on future climate, not someone’s ego or financial success. That future should be determined by those with data and training who take time to think about it.

City Climate Change NASA

NASA Graphic

Modern society’s disconnect from the land

Finally, there is another reason that is a bit abstruse, but vital. This is the separation of modern man from the biological world of which he is a part. Primitive man was close to his environment. Getting food was a daily preoccupation. If times were good, this took two or three hours a day. If times were bad, 24 hours weren’t enough. He/she was subject to danger from animals, floods, droughts, disease, the next village over and much other uncertainty. Everything including trees, rocks, or storms had a spirit. Many of these had to be appeased. But this religion was his connection to survival.

… our industry is so linked together and powerful it is possible to destroy civilization. The supremacist attitude toward the biological world is that our environment is not viable. This is not sustainable.”

Domination of earth and nature became a way of life. Increasingly, urban man became separated from the biological world from which he came. Dominion over others became increasingly important. And man was dominant over things, apparently supreme. That included the biological world, reverence for which was eliminated from his culture and religion.

Now the whole earth is occupied, and our industry is so linked together and powerful it is possible to destroy civilization. The supremacist attitude toward the biological world is that our environment is not viable. This is not sustainable. To avoid planetary destruction because of global warming, atomic warfare, over population, or resource exhaustion seems like an insurmountable problem. Ignoring these threats to our survival, though, will only work to ensure that the unthinkable becomes reality.

Conclusion

These are but a few of the reasons that we refuse to acknowledge – let alone tackle – the existential threat from global warming. It has been said that we are entitled to our own opinions, but not our own facts.

Well, the facts are in. We have a rational understanding of our natural world; we know how we are negatively impacting it; and, we have debated and adopted plans to reverse global warming. We simply choose to ignore them. That won’t make them go away. However, the same can’t be said for human life – or life in any form – if we continue to argue over facts as if they are opinions.

CO2 levels

© S. Tom Bond, 2017. Thomas Bond is an eighth generation West Virginian writing from his farm in Jane Lew, W.Va. He is a farmer and retired chemistry professor. Michael Barrick contributed to this article.  

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Climate Change info from NASA here.

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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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WVDEP Secretary Austin Caperton to Speak at Public Forum

West Virginia Sierra Club groups host forum Monday on WVU campus

austin-caperton

Austin Caperton

MORGANTOWN, W.Va. – The West Virginia University Sierra Student Coalition and the Mon Group of the West Virginia Sierra Club will host a public forum featuring the newly appointed West Virginia Department of Environmental Protection (WVDEP) Secretary Austin Caperton.

Notably, the WVDEP’s new Environmental Advocate, Edward Maguire II, will also be in attendance. He was recently appointed to the position by Caperton after the recent firing of Maquire’s predecessor by Caperton, former WVDEP Advocate Wendy Radcliff. That decision was roundly criticized by environmental and public health advocates, as well as journalists, as Radcliff was widely viewed among open-government advocates as among one of the most transparent officials at the WVDEP, working in a hostile political environment.

The forum is scheduled for Monday, Feb. 27 at 7 p.m. in the Shenandoah Room of the Mountainlair, on the downtown campus of WVU at 1550 University Ave. This event is free and open to the public.

wv-dep-logoAccording to a news release from the Mon Group of the West Virginia Chapter of the Sierra Club Chair, Autumn Long, “Caperton will comment on the WVDEP’s responsibilities as well as his priorities and vision for the agency’s future. Maguire will comment upon the role of the WVDEP Environmental Advocate Office in assisting citizens with environmental concerns and fostering communication with the public.”

Emily McDougal, WVU Sierra Student Coalition member and executive committee member of the Mon Group of the WV Sierra Club, said, “This event promotes community involvement on environmental issues and allows the public to directly communicate their environmental concerns to the WVDEP leadership.” She continued, “We hope this session will mutually inform and inspire Secretary Caperton and attendees to kick-start solutions to environmental problems in the state.”

Long added that audience members can submit written questions to pose to Secretary Caperton and Mr. Maguire via a moderator.

Sierra ClubAccording to Long, the Mon Group of the West Virginia Chapter of the Sierra Club operates in a five-county region of North Central West Virginia – Harrison, Marion, Monongalia, Preston, and Taylor counties. It works to increase awareness of environmental issues and opportunities for active participation in this area. For more information and to find out about upcoming Mon Group activities, visit www.sierraclub.org/west-virginia. Questions? Contact Mon Group Chair Autumn Long at autumnlong11@gmail.com.

The WVU Sierra Student Coalition aims to protect the environment through political advocacy, education, and outings. Activities are planned during weekly meetings and vary from trips to the state Capitol and environmental conferences to recreational outings. Find out more at http://sierra.studentorgs.wvu.edu and on Facebook and Twitter @WVUSSC.

© Michael M. Barrick, 2017

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Ken Hechler, an Inspirational Mountaineer

His life of service to West Virginia is an inspiration for all those seeking justice

By Janet Keating 

ken-hechler

Ken Hechler, front, at a rally to end mountaintop removal outside the headquarters of Massey Energy. Photo by Vivian Stockman.

SLANESVILLE, W.Va. – West Virginia and the nation has lost a true hero and people’s champion. Former Congressman Ken Hechler died at his home in Slanesville on Dec. 10. He was 102.

There are politicians, public servants and then there was Ken Hechler, a man in a class all of his own – military man, historian, educator, politician, activist and, my personal favorite, “hell raiser.” Those who knew him are familiar with his uncompromising commitment to justice and the betterment of all people in West Virginia, but especially for his advocacy of the health and safety of our nation’s coal miners. OVEC (Ohio Valley Environmental Coalition) members may know him best for his passion for democracy and our iconic mountains. As a lifetime member of OVEC, Ken was often a speaker at rallies to end mountaintop removal where he sang  “Almost Level, West Virginia” his parody of the popular John Denver song, “Almost Heaven, West Virginia.”

I came to know Ken in the late 80s during my first-ever plunge into environmental issues as a member of the Huntington Tri-State Audubon Society – working to “save” the Green Bottom wetlands, the third largest wetlands in West Virginia near Huntington, where the pre-Civil War home of General Albert Gallatin Jenkins still stands.  Ken, as a Jenkin’s historian and then Secretary of State of West Virginia, was familiar with Jenkin’s history and so joined with our coalition urging the state and federal government to consider managing the former plantation home, its wetlands and its significant Native American archaeology for a higher use beyond simply a hunting ground.  Not surprisingly, the media portrayed the issue as hunting vs non-hunting (though some folks were very concerned about birds of prey which frequented the area like Bald Eagles as well as the historic Jenkin’s home).

After several years of butting heads with both state and federal agencies, the U.S. Army Corps of Engineers agreed to hold a public hearing where Ken and others faced off.  Despite a room full of several hundred angry, shouting hunters, Ken stood his ground and voiced his concerns. In the end, a reasonable compromise was reached where the wetlands were expanded, the Jenkin’s home underwent renovations (and was managed for a brief time by West Virginia Division of Culture and History), signs were posted to alert hunters to the presence of protected birds of prey and native species were planted to provide wildlife habitat. Undoubtedly, Ken’s involvement garnered greater media attention and raised public awareness to the issue, than we otherwise would have had, a valuable contribution.  Presently, Green Bottom Wildlife Management Area has become a well-known location for bird watching and hunting, although the Jenkin’s home, despite the millions spent on its overhaul, is boarded up and no longer open to the public. Nevertheless, every time I visit Green Bottom, I am thankful that Ken lent his time, energy and “notoriety” to this unique site.

When the issue of mountaintop removal reared its ugly head, Dr. Hechler eagerly joined with community members and environmental activists hoping to end the destructive mining technique.  He was a member of Congress during the catastrophic failure of the Buffalo Creek sludge-dam in 1972 that killed 125 West Virginians, a tragedy which eventually led to the passage of the Surface Mine Control and Reclamation Act in 1977 (SMCRA).  This bill, however, continues to be a failed attempt by the state and federal government to regulate surface mining by the coal industry. Ken was greatly concerned when the final version of the bill legitimized mountaintop removal (MTR) which was supposed to be an exception rather than the rule when it came to strip-mining; MTR was only to be used when a flattened mountain provided land for authentic economic development. While coal companies by law are supposed to return the former mountains to “approximate original contour,” unfortunately, states regularly issue permits with variances to that provision. As it turns out, Ken foresaw the destruction that would follow the passage of SMCRA – hundreds of thousands of acres of denuded, flattened mountains along with more than 2,000 miles of annihilated streams and disappeared communities. A favorite phase of Ken’s, “Akin to putting lipstick on a corpse,” was how he referred to strip-mine reclamation.

A notable event in Ken’s effort to stop MTR was his participation in 1999, while WV Secretary of State, in a re-enactment of the historic Miners’ March on Blair Mountain that preceded the 1921 Mine Wars.  In 1997, the West Virginia Division of Environmental Protection had issued what would have been the largest ever mountaintop removal permit in the state.  At risk were not only the mountains and the small community of Blair, but also one of the most historic labor/history sites in the nation, where about 7,000 miners determined to organize a union were met with great resistance and after five days, halted by 3,000 armed “militiamen” organized by Logan County Sheriff Don Chaffin. This was the largest battle on U.S. soil since the Civil War where eventually the U.S. Army and U.S. Army Air Corps were called in.

A courageous Dr. Hechler, 84 at the time, joined the reenactment with a number of others (OVEC’s Laura Forman, Carol Jackson, CRMW’s Judy Bonds, Larry Gibson, Jimmy Weekly, and Cindy Rank to name a few) supported by several organizations including OVEC.  For many people, the application and issuance of a mountaintop removal permit at historic Blair Mountain, which could literally erase the dark history of mining, underscored the sheer arrogance of coal companies as well as the complicity of government agencies. While the reenactors were not met with guns and soldiers, they were, however, harassed every day by miners and others who pelted them with eggs, and much to everyone’s horror, also shoved and kicked Ken.

From a story about the confrontation during the re-enactment by reporter Rick Steelhammer, Ken stated: “I tried to think about Gandhi and Martin Luther King and how they would react. It’s important to retain your cool, but it’s difficult when people begin to wade in and rip up all your signs, throw eggs at the back of your head, grab away your West Virginia flag, and trip and kick you.”

That incident led to warrants and arrests of those who committed violence and eventually landed some people in court, though not in jail.  One of the Logan County perpetrators of the harassment eventually ended up serving in Governor Bob Wise’s administration.  I still smile when I think about Ken holding a sign at a protest that said:  “Kick me and get a job with Bob Wise.” And recently, the D.C. District court upheld the U.S. EPA’s decision to rescind the permit for mountaintop removal on Blair Mountain, another people’s victory in which Ken participated in a major way.

Ken Hechler’s legacy though far-reaching (and incalculable) was also at times very personal.  In particular, his influence on Larry Gibson, another mountain hero, was very special. Ken often traveled with Larry to colleges and universities throughout the country to talk about the impacts of mountaintop removal on land and people of Central Appalachia. Because of Ken’s encouragement, Larry went back to school to improve his reading and writing skills. Having become quite a duo, both Ken and Larry were interviewed by “60 Minute’s” Mike Wallace, who came to West Virginia to produce a segment on mountaintop removal.

Through nearly two decades, Dr. Hechler, admired by so many, continued to answer the call, showing up at events, protests and rallies – the most notable one, a rally and protest at the Marsh Fork Elementary School, in Raleigh County, where he, along with actress Daryl Hannah and NASA climate scientist, James Hansen, were arrested in a non-violent, direct action to draw attention to the great need for a new elementary school.  A massive and dangerous coal waste impoundment loomed above Marsh Fork Elementary School adjacent to a coal silo, a coal processing facility and a mountaintop removal site. Coal River Mountain Watch’s Ed Wiley began urging state officials to build a new elementary school after he picked up his ill grand-daughter who told him, “Granddaddy, this school is making us kids sick.” After 6 years of tenacious organizing and advocacy, a new school was opened where Ken Hechler had,  once again, stood shoulder-to-shoulder with those most impacted.

As someone who was deeply concerned about the state of our country’s democracy, Ken became active in campaign finance reform issues, especially when “Granny D”’s (Doris Haddock) began her epic 3,200 mile journey/walk from California to Washington, D.C. to elevate the need for supporting the federal McCain-Feingold bill. If passed, this legislation would help reduce spending on political campaigns. Ken walked more than 500 miles with Doris who turned 90 years old by the time she arrived in the nation’s Capital. When Doris arrived in Marietta, Ohio, Ken Hechler was on hand to greet and welcome her as she made her way across the Ohio River to Parkersburg, W.Va., to speak to supporters.

In 2006, Granny D and Ken spoke at a regional mountaintop removal summit dubbed “Healing Mountains,” that OVEC and Heartwood (a regional organization that works to protect public lands from abusive practices) organized. Doris and Ken reminded us that if we want to win our issues, we needed to be more inclusive and supportive of people of color.  You may recall that Ken was the only member of Congress that participated with Dr. Martin Luther King, Jr. in the Civil Rights march in Selma. Union supporter, environmentalist, statesman, writer, historian, teacher, husband, father and add one more label – civil rights activist.

If you still need convincing about what an amazing man that Ken was, he had the most incredible memory of anyone I’ve ever met. My hunch is that Ken spent his remarkable life making really good memories.

Dear Ken, we know that you, of all people, have earned your eternal rest. Well done. You will be sorely missed.

This article originally was published on the Ohio Valley Environmental Coalition website. It is reprinted with permission.

Janet Keating is the former Executive Director of the Ohio Valley Environmental Coalition (www.ohvec.org) who retired September 2016 after 24 years with the organization. Her latest endeavor, Green Shepherd, LLC, offers consulting and other services to environmental and social justice non-profits.

Citizens Encouraged to Request Public Hearings about MVP

West Virginia Department of Environment Protection needs to hear more voices

By John W. Cobb, Jr.

IRELAND, W.Va. – With 11 counties in West Virginia projected to be affected by the Mountain Valley Pipeline (MVP) route should it receive approval, voices from one end of the state to the other must be heard. The West Virginia Department of Environment Protection (WVDEP) needs to hear from citizens while there is still time. The potential impacts to water supplies (aquifers), streams, wetlands and rivers is significant; therefore citizens need to write the WVDEP to request public hearings in the affected counties.

So far, such requests are working.

Mountain-Valley-Pipeline-Map

Proposed Mountain Valley Pipeline route (in green). Note that it runs from near the Pennsylvania and Ohio state lines in the north to the Virginia state line in the south. Courtesy: FracCheckWV

The WVDEP Division of Water and Waste Management (DWWM) will be extending the public comment period on the State 401 Water Quality Certification for the proposed MVP project until further notice. It takes only a few minutes to send them a letter or email requesting a public hearing in your county so you can learn and get answers to your concerns.

Originally, the public comment period, which is required under state regulation 47CSR5A, would have ended next week, but because of widespread public interest in the proposed project, DWWM will be scheduling public hearings to discuss certification of the proposed project. Information about the dates and locations of those hearings will be made public as soon as plans are finalized.

The WVDEP says they will likely prioritize holding public hearings based on the counties generating the most comments. For now, those are from Greenbrier, Monroe and Summers counties. We need more folks along the MVP Route to respond now. We need to help get the word out to folks further up along the proposed route, including Wetzel, Doddridge, Harrison, Lewis, Braxton, Webster, Nicholas, and Fayette counties. Every citizen along the route needs reasonable access to public hearings. By writing the WVDEP, it will increase the chance that no citizen will be left out.

The Mountain Valley Pipeline is a $3.5 billion project, developed by EQT Corp., and it involves a 42-inch-diameter pipeline that would run 301 miles south from the Equitrans L.P. transmission system near the MarkWest Energy Mobley Complex in Wetzel County to a Transcontinental Gas Pipeline Co. compressor station in Pittsylvania County, Virginia. This project is one of multiple pipeline projects currently under review by the Federal Energy Regulatory Commission (FERC) one of the other projects is the Atlantic Coast Pipeline that will run somewhat parallel and north of the Mountain Valley Pipeline.

When issuing certification, DWWM’s 401 Certification Program may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources. In its 401 certification application, EQT anticipates that the MVP project will have temporary impacts to approximately 49,892 linear feet of streams and 18.9 acres of wetlands and permanent impacts to approximately 3,125 linear feet of streams and 10 acres of wetlands within the Mountain State.

Comments and information relating to the certification should be emailed to DEP.comments@wv.gov, with “MVP 401 Certification” in the subject line or mailed to:

West Virginia Department of Environmental Protection, Division of Water and Waste Management

401 Certification Program

601 57th Street SE

Charleston, WV  25304

Responding now with a request for a public hearing in your county will give you and your neighbors a chance to express your concerns to the West Virginia’s Department of Environmental Protection.

(C) John W. Cobb, Jr., 2016. Mr. Cobb writes from his home in Ireland, W.Va.

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Note: The original version of this article listed 12 counties. The correct number is 11. We regret the error.

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.

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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?

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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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