Environmental groups accuse agency of ‘foot-dragging’
MONTEREY, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) has learned that the Department of Environmental Quality (DEQ) is just now compiling the thousands of emails and other comments citizens submitted during the comment period that ended more than a month ago.
This outrageous foot-dragging fits a pattern DEQ has set for months and heightens the likelihood of further damage to state waters by the Mountain Valley Pipeline (MVP) and the Atlantic Coast Pipeline (ACP) before the State Water Control Board has the chance to rule on the sufficiency of waterbody crossing reviews. The Board saw a need for this information way back on April 12, based on concerns that a blanket permit from the Corps of Engineers may not be adequate to ensure Virginia’s water quality standards will be met.
On July 3, with no commitment from DEQ as to when the comments would be available to all, DPMC decided to acquire them and provide them online. We filed a records request on July 3, 2018, seeking copies of all comments sent to DEQ. The law requires the agency to provide records within five work-days or explain why it is not “practically possible” to do so in that time period.
That deadline fell on July 11 and that day DEQ told us it would not get us the emails within the required time or tell us when it would be able to do so. They said the emails had not yet been compiled so they could be provided electronically, due to technical difficulties. We then insisted we be allowed to review the emails in person on DEQ’s computers and were told this too was not possible. We reiterated that the law required better and that we would not accept DEQ’s failure to comply.
Suddenly, just two days later on July 13, DEQ gave us more than 7,000 emails. Apparently, the technical difficulties that DEQ claimed may require more than two additional weeks to solve were now solved – but only under pressure from DPMC. Why had those difficulties not been tackled and solved in the three months since the Board ordered the public notice?
We and Wild Virginia will make all of the comments available online and publish a summary within the next week. Where the Department has failed, we will pick up the slack.
We call on the Board to use this information and hold a meeting well before the currently-advertised date of August 21st and on Governor Northam to order DEQ to now move quickly to do its job. The repeated promises of transparency and sound science by administration officials have not been kept. It is now time for our officials to restore integrity to this process.
Slow down and seek out a ‘Cool an’ Green an’ Shady’ spot
Note: This is the fifth installment from “The Hillbilly Highway, Volume 2: Seeds, Songs and Streams.” Learn more here.
By Michael M. Barrick
“Find yourself a piece of grassy ground, / Lay down close your eyes. / Find yourself and maybe lose yourself / While your free spirit flies.”
– From “Cool an’ Green an’ Shady” on John Denver’s 1974 “Back Home Again” album.
GLOBE, N.C. – I always find the song above by John Denver soothing. It is largely because of the subject matter. It was also released the year I graduated high school and left my native West Virginia for Charlotte.
Moving to North Carolina was not on my list of options at first. But then the state of West Virginia decided it needed our home to build a bridge. So gone was our home with its many cool, and green and shady spots in the woods of our lower back yard along Elk Creek. Within a few weeks of moving out of that house, I was on my way to North Carolina to work for the Charlotte Ambulance Service.
Fortunately, when I moved to North Carolina, I was immediately introduced to the mountains of Western North Carolina in Caldwell County by my uncle, who moved here in the early 1960s. He knows every back road, especially those adjacent to the Pisgah National Forest.
It was with him that I learned to slow down a bit. Over time, I was slowing him down as we would camp. The silence of the forest, interrupted only by songbirds or the occasional rustle of an unseen but nearby critter, mesmerized me. And it reminded me of my home that no longer existed. I needed it. Badly.
What I have learned over the 44 years since I first left West Virginia – and returned and left, repeat, etc. – is that my favorite places along the Hillbilly Highway are those places that few dare to travel. The trails, paths and old logging roads of the Appalachian forests lead into deep green forests and the mysteries held beyond the next switchback.
But this is also where you will find the places that John Denver called ‘Cool an’ Green an’ Shady.” His lyrics could not be truer for me. “Find yourself and maybe lose yourself /While your free spirit flies,” happens to me every time I venture into the forest. A rock, a stump, the ground, it doesn’t matter. As I sit and listen to the songbirds celebrate the woods, I want to stay among them as did the ancient natives who preceded us, simply sitting against a tree as I dissolve into my essence.
One day, I believe I will.
© Michael M. Barrick, 2018
Getting to it is not an easy drive or hike, but it’s worth it
Note: This is the fourth installment from “The Hillbilly Highway, Volume 2: Seeds, Songs and Streams.” Learn more here.
By Michael M. Barrick
MORTIMER, N.C. – Wilson Creek is misnamed. Part of the National Wild and Scenic Rivers System, it starts out small near the top of Grandfather Mountain, but after tumbling thousands of feet through an ever-widening gorge in the Pisgah National Forest, it has the power of a river.
It has been known to wipe out towns and isolate communities for days. Indeed, Wilson Creek has destroyed this and nearby communities twice – in 1916 and 1940. In fact, the second flood forever wiped out the logging industry which drove the region’s commerce so successfully, that despite its isolation in the rugged hills of the northwest section of Caldwell County, it could have become the center of government and commerce in the county.
The 1940 flood, though, took out homes, churches, sawmills, roads and sections of the narrow-gauge railroad that led in and out of this remote, heavily-forested sloped village on the Blue Ridge Escarpment. Now, its 27-mile drop to the Johns River is through remote – rather, inaccessible – areas of the thick and dark Appalachian forest. Only the experienced hiker should venture its steep, rock slopes. Swimmers should beware of deceptively deep, but teasingly appealing pools. Kayakers are common sites in any season. Like me, they seem to prefer weekdays in the spring and fall, though the water is generally higher in the spring.
Wilson Creek earned its designation as a National Wild and Scenic River in August 2000 after community leaders convinced elected officials at the local and federal level to work together – across party lines – to protect and preserve it. It can be viewed by driving along the narrow and dusty Brown Mountain Beach Road, which runs from Adako Road to Rt. 90 in Mortimer. Here, once on Rt. 90, the traveler will be on the only state road in North Carolina not completely paved. There are parking spots along Brown Mountain Beach Road, but the hike down to the creek is strenuous at time, but certainly worth it, especially where the gorge empties into a large pool where the creek abruptly levels out.
There is plenty to see and lots of kind folk to meet in nearby Edgemont and Collettsville. In Edgemont, at the old train depot, decades after the last trail rails were taken up, one can still see the circle of earth made bare where the Roundabout was. With that as a clue, one can venture into the nearby forest and see evidence of the railroad bed. The old station is large with many benches.
Early in the 20th Century, Edgemont was the last stop listed on train schedules in the local newspaper. Beginning in Newton in Catawba County, the train would stop in Hickory, Granite Falls, Lenoir, Mortimer, Edgemont and other small towns, perhaps with only the train station. It clung harrowingly to the steep cliffs into which the rail path had been carved, though it would have been worth it, just for the view of Wilson Creek.
There is a visitor center on Brown Mountain Beach Road and for the adventurous, one can hike along the headwaters. One can access it – and the Appalachian Trail – from a small parking area below the Linn Cove Viaduct of the Blue Ridge Parkway.
I have spent hundreds of hours over the past 44 years sitting on my favorite relatively gently sloping cliff of Wilson Creek. In every season. I’ve hiked it at its headwaters and I’ve sloshed through it near its mouth where it empties into the Johns River. I have meditated and never ceased pondering what is around the next rock, over the next log, or just under my next step as I hike it.
For me, it represents what I love about Appalachia, about traveling along the Hillbilly Highway. It is adventure. It’s fun. It’s risky. It is a place to take visitors, whether to look out a car window or put on hiking boots. It is stunningly beautiful and essential for preserving for future generations.
In short, it is rightfully a National Wild and Scenic River. It is also a must stop along the Hillbilly Highway.
© Michael M. Barrick, 2018
We have no choice but to slow down
By Michael M. Barrick
CALDWELL COUNTY, N.C. – Here, of North Carolina’s 100 counties, the elevation increase is the highest in the state, from about 900 feet, where the Catawba River forms much of the southern boundary, to the high Blue Ridge slopes of Grandfather Mountain, where the peaks kiss the sky at just under 6,000 feet far to the north.
So, it can be raining at one end and dropping a foot of snow at the other. We live in the center of the county, near the base of Hibriten Mountain (elevation 2,211 feet). It is the western peak of the Brushy Mountain Range of the Appalachian Mountains.
Beginning yesterday morning and not ceasing since, we’ve gotten an early December snowfall; it isn’t unheard of, but it isn’t an annual event either. The prediction was 2 to 4 inches or more of snow. We reached “or more” within hours of the first flake falling yesterday around 8 a.m.So, we have no choice but to slow down, enjoy the quiet and relax. It also seems like a good time to take a few photos and offer a prayer for peace.
© Michael M. Barrick, 2017.
Many West Virginians suffer from the Stockholm Syndrome
By Michael M. Barrick
CHARLESTON, W.Va. – It was 110 years ago today that the greatest coal-mining disaster in United States history occurred in the small mining town of Monongah in northern West Virginia.
On December 6, 1907, at about 10:30 a.m., two coal mines – connected underground – known as Monongah No. 6 and Monongah No. 8, were destroyed by a series of explosions that killed more than 500 miners. While the official count listed 358 miners and three rescuers dead, the use of subcontractors by miners to increase their production, as well as the number of funerals, have lead historians to conclude that the number of dead likely exceeds 500. Located just south of Fairmont, the mines – owned by the Fairmont Coal Company – rocked the earth, destroyed the mines’ infrastructure, and sent debris flying hundreds of yards above ground as it obliterated above-ground entrances and buildings.
The disaster affected every person in the town, which was built along the banks and hillsides surrounding the West Fork branch of the Monongahela River. Despite its small size and hard living, it was a diverse community, made up of nearby residents but also a vast number of immigrants from Central and Southern Europe. By 1905, Monongah had about 6,000 residents.
There is plenty of evidence that West Virginians suffer from the Stockholm Syndrome, ‘a psychological response wherein a captive begins to identify closely with his or her captors, as well as with their agenda and demands.’
Such human tragedy, unfortunately, has left many lessons unlearned. In fact, it suggests that a vast majority of West Virginians suffer from the Stockholm Syndrome.
That was made abundantly clear yesterday with the report by West Virginia Public Broadcasting that “Former Massey Energy CEO Don Blankenship has officially filed paperwork to run for U.S. Senate in West Virginia.” Yes, that’s the same Don Blankenship that got by with murder, as I wrote here about the 29 coal miners that died in the Upper Big Branch (UBB) mining disaster on April 5, 2010. He is out of prison from his paltry one-year sentence for conspiring to violate federal mine safety standards.
The timing of his filing is beyond ironic; it is downright contemptible.
Just as miners were changing shifts that early spring afternoon in 2010 at the UBB coal mine, an explosion roared through the mine. Instantly, the 29 miners working for Massey Energy were dead, families were devastated and communities of southern West Virginia were forever changed.
Clearly, since technology has improved to the point that major mining disasters simply need not happen, the problem is not with the science of deep mining; it is with the culture that guides the crony capitalism which has dominated West Virginia since the beginning of the industrial age.
West Virginians and the Stockholm Syndrome
Unfortunately, it is just not industrialist and politicians who are to blame; so too are many West Virginians. They simply vote against their own interests. It would not surprise me if Blankenship wins the Republican primary and defeats the Democratic incumbent, Joe Manchin III. Regardless of how the campaign plays out, there is plenty of evidence that West Virginians suffer from the Stockholm Syndrome, “a psychological response wherein a captive begins to identify closely with his or her captors, as well as with their agenda and demands,” according to Encyclopaedia Britannica.
This notion was recently shared with me by a very frustrated mayor in a small West Virginia town long-ago abandoned by the coal companies, leaving behind a dying community and destroyed landscape in a once-beautiful valley carved out by numerous rivers. One might take issue with the mayor’s claim, which is based on his disgust with the overwhelming support that West Virginia voters gave President Trump and Governor Jim Justice, who this past summer switched to the Republican Party after being elected as a Democrat last year. Justice is also the state’s only billionaire.
What is not debatable, however, is the deadly history of the coal industry in West Virginia. That Blankenship has the audacity to file for office, exactly 110 years after the Monongah tragedy, suggests that West Virginia is full of people essentially saying, “Abuse me. Please.”
What happened at Upper Big Branch
This was the blunt conclusion of the Governor’s Independent Investigation Panel (GIIP) about UBB. Among the panel’s findings:
• The disaster was preventable because basic safety systems failed and/or were disregarded;
• These failure of safety systems was caused by a corporate culture by mine operator Massey Energy that put profits before safety;
• Massey Energy was able to operate with such a corporate culture because its dominant influence in the West Virginia coalfields allowed it to exert inordinate influence on West Virginia political officials responsible for ensuring mine safety; and,
• Those with regulatory oversight at both the state and federal levels failed in their roles as watchdogs.
In short, it is business as usual in the West Virginia coalfields. From the worst mining disaster in U.S. history, to the most recent disaster at Upper Big Branch, the words of Mary Harris “Mother” Jones are as appropriate today as when she first spoke them roughly a century ago – “There is never peace in West Virginia because there is never justice.”
At Monongah, both mines were less than 10 years old and were producing in excess of 12,000 tons of coal a day by the time of explosion. They were also considered state-of-the art. “Mines No. 6 and 8 both employed the most up-to-date, sophisticated ventilation systems.” (McAteer 64). John Nugent, the Immigration Commissioner for the State of West Virginia affirmed an advertisement made by The Consolidated Coal Co., Inc. seeking immigrant help. The mines, the company claimed, were, “Practically free from explosive gases.” (McAteer 74).
Obviously, the advertisements were mistaken or false. Thus, the all-too cozy relationship between operators and those charged with regulating them was formed. As the UBB GIIP reports, that has remained unchanged a century later. While the exact cause of the Monongah explosion was never determined – as much for political as scientific reasons – there was no mistaking that the influence the mining owners enjoyed with local and state politicians ensured that the operators’ interests – profits – always trumped the miners’ interests – a safe working environment.
When the explosion occurred, 19 coal cars (each loaded with two tons of coal), being pulled out of the bowels of the mine broke free and crashed 1,300 feet back into the mine portal. The runaway cars broke lose electrical wiring, destroyed structures and ultimately disrupted the ventilation system. “At that instant, from deep within the mine an explosion rumbled, a terrible explosive report rocketing out of both mines, rippling shocks through the earth in every direction. … A second explosion followed immediately, and at the No. 8 mine entrances explosive forces rocketed out of the mine mouth like blasts from a cannon, the forces shredding everything in their path” (McAteer 116).
Blaming the Victims
Even though an exact cause was not immediately known or even determined, it was not long before the miners themselves were made the scapegoats. Fairmont Coal Company President C. W. Watson immediately capitalized on the anti-immigrant feelings of the time, telling the New York Times almost immediately after the disaster that “… he could not account for the ignition of the dust unless it had been through careless use of an open lamp” (McAteer 158).
Conversely, Clarence Hall, a leading expert on mine explosions at the time, was in nearby Pennsylvania when the catastrophe occurred. He stated, “When I enter a mine these days it is with fear and trembling. We seem to know so little of these gas and dust explosions. Sometimes I feel the poor miner has not a ghost of a show for his life when he enters a mine.” (McAteer 159)
Tragedy upon Tragedy
There were no organized rescue teams in U.S. mines at the time. However, the dangers to the rescuers, along with the reality that the effort was a recovery effort for dead miners allowed for time to organize miners and volunteers. Of course, rescue efforts – such as repairing the ventilation systems in the hopes of removing the deadly gases from the mines – were heroic, if unsuccessful. “What has to be said is that the rescue efforts were not successful and the equipment provided to miners to ensure their escape was inadequate” (McAteer 264).
It soon became apparent to the rescuers and stunned families of the miners gathering on the Monongah hillsides that the force of the blast, the lack of oxygen, and the instability of the mine combined for a horrible reality – virtually all those in the mine had perished. Recovered bodies were a horrid site to behold. Mine explosions “…inflict multiple-system life threatening injuries on many persons simultaneously. When the explosion is of a high order of magnitude, it can produce a defining supersonic, overpressurization shock wave” (McAteer 131).
Injuries include damaged or destroyed lungs, blunt force trauma to the head and body, ruptures of the middle ear and eye, and damage to internal organs. Those that survive those injuries generally die from suffocation as lethal gases are released following the explosion. Rescuers, too, were at great risk. In addition to the instability of the mine and lack of oxygen, rescuers had no personal protective equipment or breathing devices. “Imagine a handful of reckless, bedraggled men going into the cavern with lanterns with sulfurous fumes in their faces dragging out the charred bodies of men, some with their faces burned off. That is what Monongah looked like. …In some instances the bodies were perfectly preserved and recognition was immediate; in other cases, the bodies were so badly disfigured or mutilated, identification was impossible.” (McAteer 143).
An Unholy Alliance
Motivated by the example of John D. Rockefeller, who in the late 19th Century controlled much of the world’s oil resources, financiers from outside of West Virginia collaborated with well-connected Mountain State elected officials, judges, municipal leaders and state and local law enforcement to extract coal from its mountains, leaving not even the dignity of the coal miners intact. “The fact that the Fairmont companies, led by the Monongah mines, paid lower wages across the board meant that the three mines could sell their coal at a lower rate and thereby capture an increasing share of the markets, threatening the wages and unionization in the other states” (McAteer 101). Indeed, by the turn of the century, three men – U.S. Senators Johnson N. Camden and Clarence Watson, as well as Judge A. B. Fleming, controlled all of the mines along the Monongahela River in West Virginia, as well as the railroad lines.
Meanwhile, the company fought efforts to compensate the surviving family members of the dead miners. This is not surprising, as “In the early 1900s, families of miners who died in a mine accident or disaster had nothing in the way of economic protection and little legal recourse following a mine disaster. This was especially true in West Virginia where the coal interest was entwined with every facet of the state’s political, economic, social and legal systems” (McAteer 212).
Companies also vigorously – and successfully – opposed unionization efforts for decades. “The powerful elite of West Virginia on both Democrat and Republican side of the aisle united in their opposition to union organization efforts, and after seeing the success of the Fairmont Consolidation Company, the southern West Virginia mine operations that wished to build on the success met in secret to decide on some general plan of resistance to union encroachments based on the successful strategy employed at Monongah” (McAteer 113).
So, politicians debated and dithered. Meanwhile, miners continued to die at alarming rates. In fact, “On November 20, 1968, the Farmington Mine, a mine not five miles from the Monongah mine in the same Pittsburgh seam owned by the same company, Consolidation Coal Company, exploded, trapping seventy-eight miners” ( McAteer 262). Though federal legislation followed that disaster – the Federal Coal Mine Safety and Health Act of 1969 – the unholy alliance between coal officials and West Virginia elected leaders continued – and does to this day. For proof, we need look no further than the UBB disaster.
We know we should learn from history. Yet, as we consider the human suffering inflicted upon the people of Monongah 110 years ago, and upon those of Upper Big Branch, Farmington, Buffalo Creek, Sago, Blair Mountain, and countless other communities since, we must conclude that we have not.
This should give us pause. The West Virginia state motto is Montani Semper Liberi – “Mountaineers are Always Free.” Though they may think they are, they are mistaken. In reality, my friend the mayor is right. The proud people of the Mountain State are not free; rather, as the Stockholm Syndrome illustrates, they “identify closely” with their crony capitalist captors and their demands.
© Appalachian Chronicle, 2014 – 2017. Michael M. Barrick is a native of Clarksburg, W.Va. He has lived also in Weston and Alum Bridge. He presently writes from his home in Western North Carolina, but continues to visit and work in his home state.
David McAteer, Monongah: The Tragic Story of the 1907 Monongah Mine Disaster (Morgantown, W.Va: West Virginia University Press, 2007).
Upper Big Branch: The April 5, 2010 explosion: a failure of basic coal mine safety practices (Shepherdstown, W.Va: Governor’s Independent Investigation Panel, May 2011).
The Sago Mine Disaster: A preliminary report to Governor Joe Manchin III (Buckhannon, W.Va: Governor’s Independent Investigation Panel, July 2006).
Fellow students respond favorably to comic strip about Mountaintop Removal
Editor’s note: On Dec. 1 we published an article about Olivia Bouzigard’s efforts to educate herself and others at Appalachian State University about the deadly impact of Mountaintop Removal (MTR). I asked her to write an essay explaining how she chose the topic and method for teaching it. She explains below. Personally, I extend thanks to her instructor, Heather Custer, who has the rare ability to challenge her students to demonstrate evidence of minds at work. Also, the illustration is published again, just in case you missed it the first time. – MB
By Olivia Bouzigard
BOONE, N.C. – I am a sophomore at Appalachian State University (ASU) with a major in Public Relations and minors in Recreational Management and Philosophy. I am currently enrolled in a writing class where I was to take on the task of writing about an issue that I thought was important. When I came to ASU as a first year student, I was enrolled in a recreational management class where I learned about Mountaintop Removal (MTR). This was the issue that I chose to write about.
The first part of the project dealt with composing a white paper of the research that I had done. I interviewed several people, read books, watched a documentary and read through health studies people had researched about MTR. Finally, the second part of the project was to come up with another way to present this information. I chose to make a comic strip that combined all my research together into three simple illustrations. Then as part of the project’s requirements we had to somehow present this information. I chose to set up a contact table in the student union on campus and ask people for their time as I passed out my comic and taught them about MTR.
Essentially, I wanted to illustrate a pattern that one cannot easily escape the effects of MTR and that everything that comes with MTR is devastating.
As students passed by the table I would stop them to ask if I could have a few minutes of their time. For those who said yes, I followed with the simple question: Do you know what Mountaintop Removal is? Those who said they did, I asked how they knew what it was and asked them to give me a description. Many said they had learned about it at ASU or in a class in high school, which I thought was interesting.
I then asked them to give a brief description of what they knew about MTR. One student responded, “It has to do with our energy and stuff, right?” Another student said, “I know that it is bad.” However, no one could give me an overall quick description of it. A key goal of my project was to help students to be able to quickly define it, so in the comic strip, I start off with a definition of MTR from the U.S. Environmental Protection Agency. Those who said they did not know what mountaintop removal was, that definition is the one I used.
I then explained the comic to the students that stopped by. I shared that the mountain is upset because it has no say in whether it is destroyed or not. Coal companies are known for coming in quickly, destroying the area, and then quickly leaving. Their focus is only on the coal and nothing else. Then the comic moves into air that is upset and lungs that are upset. The purpose of this drawing is because many people are breathing in the particles from the removal sites and do not realize it, so their lungs become damaged. The final picture shows a sad house, a sad human and an angry crane. This illustrates that MTR not only devastates the mountains but devastates the towns and ruins them. It also is illustrating that the people of these towns have no say in whether these coal companies come and they just wait for them to leave. The angry crane shows that the coal company is just there to get the job done and leave.
Essentially, I wanted to illustrate a pattern that one cannot easily escape the effects of MTR and that everything that comes with MTR is devastating.
After presenting the comic to students, I asked if it was helpful. Everyone said yes. Comments included that they now know what it is. There were many comments of gratitude for sharing the information and acknowledgements that MTR is a significant public health and environmental issue.
Still, I am not done. I know that people have spent lifetimes learning about opposing MTR, so I intend to continue to educate myself about MTR, keeping others informed and finding alternatives. The comic strip was a first, but very powerful step for me and those I taught.
© Olivia Bouzigard, 2017.
MTR photo courtesy of the Ohio Valley Environmental Coalition. To learn more about their work, visit their website.
A mind at work inspired research and response
By Michael M. Barrick
BOONE, N.C. – In late October, a professor at Appalachian State University (ASU) reached out to me because she had a student that wanted to learn more about Mountaintop Removal (MTR). I immediately contacted the student, and within two weeks we were meeting at a coffee shop in Boone.
Olivia Bouzigard, a graduate of a high school in Raleigh, N.C., confided to me that until she enrolled at ASU, she had never heard of MTR. So, prior to and following our meeting, I sent her links and information about people and organizations in Appalachia – in particularly West Virginia – that were fighting to end MTR because of its deadly effects on people and the destruction it caused to vital ecosystems and watersheds.
I was impressed even before I met her, as our email exchanges revealed evidence of a mind at work. When I finally met Olivia, her interest and concern were clear. I don’t keep track of time well, so I don’t know how long we met, but it wasn’t long enough to tell her everything she needed to know. It didn’t matter. From that meeting, Olivia ran with it.
What is impressive about her interest is that MTR is not really relevant to her major. She just cared. So, the other – and perhaps most important thing that impressed me about Olivia – is that she defied the stereotype that I hear from far too many people – that the current college-aged generation is self-absorbed.
As I traveled down the mountain back home from our meeting, I wasn’t sure what Olivia would do with her new knowledge and interest, but I was confident she would do something. Oh my, did she ever. The comic above says more in five simple illustrations than the thousands of words I have written about MTR. Most noteworthy is that she is using the comic to educate her fellow students at ASU.
So to Olivia and her like-minded peers, I say, Bravo! Thank you for caring about the poor and vulnerable. Thank you for caring for the environment. Thank you for looking beyond your own concerns to the needs of others. Thank you for being creative. Finally, thank you for challenging people of all ages to educate themselves about MTR and other assaults upon Appalachia and all of the sacred earth which sustains us.
Finally, thank you for giving me hope about the future. When I was teaching, I always challenged my students with this guiding tenet: Every day, all that I ask is that I see evidence of minds at work. With Olivia, that is exactly what I experienced.
© Michael M. Barrick, 2017. “Classic Mountaintop Removal” comic, © Olivia Bouzigard, 2017
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?”
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Related Articles on the Fossil Fuel Extraction Industry
Mining site on Coal River Mountain has pattern of violations
CHARLESTON, W.Va. – The West Virginia Department of Environmental Protection (WVDEP) ordered Alpha Natural Resources subsidiary Republic Energy to show cause why a mountaintop removal coal mine permit on Coal River Mountain in Raleigh County should not be suspended or revoked. The order was issued on Aug. 1. Republic has 30 days to request a hearing or a consent order; otherwise, the permit will be suspended or revoked or its bond forfeited.
Republic has received seven notices of violation at its 802-acre Middle Ridge permit since July 25, 2016. Three or more of the same type of violation within a year demonstrate a pattern of violations and initiate the “show cause” procedure.
Alpha subsidiaries operate over ten square miles of active, approved or pending mountaintop removal sites and coal waste slurry impoundments on Coal River Mountain. Local citizens group Coal River Mountain Watch has opposed the operations because of the documented public health impacts of mountaintop removal, including significantly elevated rates of cancer, heart disease, birth defects and other deadly illnesses. Mountaintop removal also causes long-term pollution of mountain streams and the loss of access to the mountain for traditional activities including hiking, hunting, and gathering ginseng, berries, mushrooms, ramps and other forest resources. Increased runoff from the deforested sites and altered topography can also contribute to flooding.
Four of the seven notices of violation on Republic’s Middle Ridge permit were for sediment control violations related to improperly constructed ditches and sediment ditch failure. Citizen complaints generated two of the sediment control citations.
“This isn’t rocket science. It’s a ditch. If Alpha can’t even properly maintain a ditch, why should we expect them to comply with any of the other regulations and permit conditions meant to protect water quality and nearby residents and property owners,” asked Vernon Haltom, executive director of Coal River Mountain Watch.
Local residents with Coal River Mountain Watch plan to continue pushing for the permanent revocation of the Middle Ridge permit, protection for Coal River Mountain and surrounding communities, and a strong, sustainable economy for southern West Virginia.
“The West Virginia Department of Environmental Protection needs to start living up to their name and their mission of promoting a healthy environment in West Virginia,” Haltom said. “Instead, they continue to grant mountaintop removal permits knowing full well that these operations will cause long-term water pollution, serious harm to the health of people in our communities, and damage to the long-term viability of our economy.”
Coal River Mountain Watch of Naoma, W.Va., has a mission to stop the destruction of our communities and environment by mountaintop removal mining, to improve the quality of life in our area, and to help rebuild sustainable communities. The website ishttp://crmw.net.
Show cause order: https://drive.google.com/open?id=0B87Y5QG4Eg0Xa211WUJEV2YxRWc
Republic Energy permits on Coal River Mountain: https://apps.dep.wv.gov/WebApp/_dep/search/Permits/RP_PermitQuery_new.cfm?office=OMR
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