A poem dedicated to Dominion Resources
By Michael M. Barrick
Note: This poem is dedicated to Dominion Resources. Originally published in January 2015, I am re-publishing it today in light of recent news stories about Dominion, including this one we published yesterday and this one.
Dominion they call themselves.
And they believe it.
They have deceived themselves,
intoxicated by false power.
They are a god – of greed.
Though their foundation is illusory,
disregarding all in life that is of true value,
it sustains them for they esteem only profit.
Their minions are experts in the law.
Like Sanhedrin, they use the letter
to crush the spirit.
What is theirs is not enough;
what is yours is in their sights.
What is yours is negotiable –
on their terms.
What is sacred to you
The old home place;
the sunrise over the ridge;
the moon hanging in the
deep blues of night.
The stars which pre-date
their temporal, mortal
they don’t even glimpse.
The only green they see
is on currency.
The ancient rocks,
which for generations
have served as sentinels,
as comforting reminders of
a shared heritage,
they plow away
with their machines.
A walk in the woods,
which for you is a moment
of holiness – an opportunity
to pass along wisdom
to your grandchildren –
is to them merely a survey.
The narrow, crooked paths
made through time by
will not be enjoyed by
They shall cross them
with a straight, 42-inch
cylinder of pipe,
indifferent to the heritage
they disrupt and destroy.
© Appalachian Chronicle, 2014 – 2017
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Proposed route by Dominion would destroy nearly 40 miles of ridgetops, cause ‘irrevocable harm,’ say environmental groups
RICHMOND, Va. – A briefing paper released today details how Dominion Resources intends to blast away, excavate, and partially remove entire mountaintops along 38 miles of Appalachian ridgelines as part of the construction of the Atlantic Coast Pipeline (ACP).
There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.” – Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition
The briefing paper was prepared by the Chesapeake Climate Action Network in coordination with the Allegheny-Blue Ridge Alliance, Friends of Nelson, Appalachian Mountain Advocates, and the Dominion Pipeline Monitoring Coalition. It cites data from the Draft Environmental Impact Statement (DEIS) prepared by the Federal Energy Regulatory Council (FERC) as well as information supplied to FERC by Dominion. It also compiles information from Geographic Information System (GIS) mapping software and independent reports prepared by engineers and soil scientists.
They found that Dominion would require mountaintops to be “reduced” by 10 to 60 feet along the proposed route of the pipeline. For perspective, the height equivalent of a five-story building would be erased in places from fully forested and ancient mountains.
Furthermore, Dominion has yet to reveal how it intends to dispose of at least 247,000 dump-truck-loads of excess rock and soil – known as “overburden” – that would accumulate from the construction along just these 38 miles of ridgetops.
It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” – Ben Luckett, Staff Attorney at Appalachian Mountain Advocates
“In light of the discovery that the ACP will cause 10 to 60 feet of mountaintops to be removed from 38 miles of Appalachian ridges, there is nothing left to debate,” said Mike Tidwell, Executive Director of the Chesapeake Climate Action Network. “Dominion’s pipeline will cause irrevocable harm to the region’s environmental resources. With Clean Water Act certifications pending in both Virginia and West Virginia, we call on Virginia Governor Terry McAuliffe and West Virginia Governor Jim Justice to reject this destructive pipeline.”
Dominion has submitted a proposal to FERC to build a 42-inch diameter pipeline that would transport natural gas from West Virginia into Virginia and North Carolina. The groups assert that Dominion has attempted to paint the ACP as an “environmentally-friendly” project. However, they argue that proposed construction methods and route selection across and along steep mountains is unprecedented for the region – if not the country – and are viewed as extreme and radical by landowners, conservationists, and engineers. Similar impacts – although not yet fully inventoried – could come from the construction of a second pipeline to the south: the Mountain Valley Pipeline led by the company EQT Midstream Partners, LP.
“The ACP could easily prove itself deadly,” said Joyce Burton, Board Member of Friends of Nelson. “Many of the slopes along the right of way are significantly steeper than a black diamond ski slope. Both FERC and Dominion concede that constructing pipelines on these steep slopes can increase the potential for landslides, yet they still have not demonstrated how they propose to protect us from this risk. With all of this, it is clear that this pipeline is a recipe for disaster.”
Key findings of the report include:
- Approximately 38 miles of mountains in West Virginia and Virginia will see 10 feet or more of their ridgetops removed in order to build the ACP; this figure includes 19 miles each in West Virginia and Virginia.
- The majority of these mountains would be flattened by 10 to 20 feet, with some places along the route requiring the removal of 60 feet or more of ridgetop.
- Building the ACP on top of these mountains will result in a tremendous quantity of excess material, known to those familiar with mountaintop removal as “overburden.”
- Dominion would likely need to dispose of 2.47 million cubic yards of overburden, from just these 38 miles alone.
- Standard-size, fully loaded dump trucks would need to take at least 247,000 trips to haul this material away from the construction site.
Ben Luckett, Staff Attorney at Appalachian Mountain Advocates, said, “It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” He argued, “FERC and Dominion’s complete failure to address this issue creates a significant risk that the excess material will ultimately end up in our waterways, smothering aquatic life and otherwise degrading water quality. Without an in-depth analysis of exactly how much spoil will be created and how it can be safely disposed of, the states cannot possibly certify that this pipeline project will comply with the Clean Water Act.”
“Even with Dominion’s refusal to provide the public with adequate information, the situation is clear: The proposed construction plan will have massive impacts to scenic vistas, terrestrial and aquatic habitats, and potentially to worker and resident safety,” said Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition. “There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.”
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Just three days remain to submit comments to FERC about the ACP
By April Pierson-Keating
BUCKHANNON, W.Va. – The comment period on the 42” Atlantic Coast Pipeline comes to a close this Thursday. Anyone who made comments during the pre-filing period MUST submit those comments again, since the Federal Energy Regulatory Commission has essentially tossed those into a pile of “old business.”
If you are a landowner, you may have already commented. If you are not a landowner along the route, perhaps you are an abutter (one next to property on the pipeline). If you are neither of these things, perhaps you are still concerned about threats to water, safety, and public health, or future economic development. All of these are valid concerns. You should write to the FERC.
Abutters will face most of the same risks as affected landowners, without the offers of money for the use of their property – water contamination, stream degradation, soil contamination, danger of fire or explosion, lowered property value among them. You have a right to have your concerns heard.
Even those not directly abutting could be negatively affected. The incineration zone is 3600 feet from the pipeline center. Our high school sits within the incineration zone, as does our state police barracks.
The evacuation zone a pipeline this size is 2 miles. If you are wondering if your property is in the evacuation zone, you can consult the GIS layered maps at http://www.pipelineupdate.org. Does your community have an evacuation plan? If not, you might consider asking your county commission, local emergency planning commission, or office of emergency management to develop one. Better yet, consider joining one of these organizations, or even creating a planning commission in your community to address issues that are receiving short shrift.
This project has many more costs than benefits, though you may have only heard about the benefits. Some of the drawbacks include millions in foregone economic development (who wants to start a small business in an incineration zone?), reduced property value (try selling your house when you tell prospective buyers they may be caught in a gas fire), and stream degradation (siltation during construction kills stream life). We have seen this happen with the Stonewall-Momentum gathering line.
The 75-foot permanent easement will be sprayed with herbicides that will runoff into streams, and you can’t put anything but a flower garden on it. The 42” monstrosity will cross the Buckhannon River, our water source, and tributaries nine times, and cross over miles of underground mines.
The pipeline is buried only feet below the surface, but how far below our streams will it be built? This question has been posed to Dominion by city officials and has yet to be answered. Will it be deep enough to protect the stream bed from going under, or will it be deep enough to connect with underground mines? Either way, our drinking water source is at risk.
What about jobs? Looking at the Draft Environmental Impact Statement (DEIS) for this project (bear in mind this is info given to the FERC by Dominion) there could be 384 temporary jobs and only 22 permanent jobs. What is temporary? The DEIS says the work tours will be 6-12 weeks long. Is it worth risking our water, safety, public health for a few temporary jobs?
How many employees will be locally hired? Not many, if you consider what happened with the Stonewall Momentum gathering line. Very few will be from West Virginia; most of them will be from the south and west. Skilled workers are moved from site to site, not hired locally.
Who will pay for the $5billion project? Why, the ratepayers, of course, in the form of higher energy rates. Will it provide gas to our area? Nope. All of it is being sent out of state and offshore, so the companies owning it can make money selling it on the world market (where the going rate is higher than domestic). When that happens, our energy prices will rise.
What about tax revenue? Whatever money might come from this project will go to the state coffers, and they will dole it out as they please. Will it go for roads, schools, and other community projects? That is anyone’s guess, but the company has no stated plans to pay for roads or loss of life or property. The fact that they are a limited liability corporation means they won’t be liable for damages.
Don’t take my word for it; have a look at the DEIS yourself: https://www.ferc.gov/industries/gas/enviro/eis/2016/12-30-16-DEIS.asp
This project would have about 1,000 miles of access roads, effectively tripling its length. It will cross almost 2,000 waterways and affect the delicate Karst cavern and water filtration system. Moreover, we know that fracking is going to increase as soon as these projects get their certificate from the FERC. And we know what this means for our region: more water consumed, toxified, and injected, causing earthquakes, water and air contamination, and an exacerbated health crisis.
New York and Maryland have banned fracking. Have they done this because they want to live in the dark ages again? No, it is because they have looked at the evidence and wish to protect their communities. Surely, they want to develop energy and create jobs, but in a healthy, ethical, and sustainable way.
The only way to protect our water, safety, and public health and provide safe jobs is to invest in other types of energy – clean, green energy. Solar power provided more jobs in 2015 than coal, oil and gas combined. Companies like Coalfield Development Corporation are using federal dollars from programs like the Power Plus Plan to train former coalfield workers to do the new jobs that are part of a sustainable future: installing solar panels, sustainable construction, reclamation and remediation are just the tip of the iceberg. Talk about providing jobs – there it is! And guess what – we don’t have to live in the dark.
The deadline for comments is April 6 at 4:59p.m. Comments can be submitted on paper or electronically, at www.ferc.gov. Search for 556-mile Atlantic Coast Pipeline, click on the link for the DEIS, and choose the docket # for the project you wish to comment upon. Most people use the pipeline itself (CP15-554), but the 37-mile Supply Header Project in Marshall, Wetzel, and Doddridge are also part of the picture.
Dominion Pipeline Monitoring Coalition calls for agency to ‘start over and do a proper’ environmental study on the Atlantic Coast Pipeline
By Michael M. Barrick
MONTEREY, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) is again challenging the work of the Federal Energy Regulatory Commission (FERC) regarding the proposed Atlantic Coast Pipeline (ACP). In a news release, Rick Webb, program director for DPMC, said, “If built, the ACP could mar the beautiful, unfragmented viewshed of the southern end of the proposed 90,000-acre Shenandoah Mountain National Scenic Area that stretches from Rt. 250 north to Rt. 33 on the western side of the Shenandoah Valley.”
He explained, “The Natural Gas Act requires FERC to assess impacts to scenic areas and recreational trails. Yet, the Draft Environmental Impact Study (DEIS) for the ACP does not consider impacts to this special area which was proposed for congressional designation by Friends of Shenandoah Mountain a decade ago, recommended by the 2014 George Washington National Forest plan, and endorsed by over 280 diverse organizations and businesses.”
Webb continued, “In addition, the DEIS ignores impacts to the Wild Oak National Recreation Trail and dismisses Forest Service requests to re-evaluate wild brook trout stream crossings on Hankey Mountain.”
According to Webb, a new utility corridor across the Braley Pond area and Hankey Mountain would:
- diminish scenic beauty
- degrade popular recreational resources
- fragment core forests
- damage wild brook trout streams
- industrialize a major gateway to the scenic area
Consequently, he noted, “A permanent corridor of this magnitude could degrade the natural and scenic characteristics of the proposed National Scenic area to the point where it could jeopardize its viability for congressional designation.”
Webb argued that FERC has failed to comply with the National Environmental Policy Act (NEPA). He argued, “In order to comply with NEPA, FERC needs to start over and do a proper DEIS that fully considers significant impacts to one of the largest, mostly unfragmented tracts of national forest land east of the Mississippi River. The proposed scenic area and its water and recreation resources are revered by the public and deserve due consideration in the DEIS.”
Webb noted that the DPMC has created an online Story Map – “Proposed Shenandoah Mountain National Scenic Area and the Atlantic Coast pipeline.”
© Michael M. Barrick, 2017
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Too many questions remain for FERC to approve the Atlantic Coast Pipeline says monitoring coalition
By Rick Webb
MONTEREY, VA. – The Dominion Pipeline Monitoring Coalition (CPMC) has submitted a report to the Federal Energy Regulatory Commission (FERC) on the Draft Environmental Impact Statement (DEIS) for the Atlantic Coast Pipeline (ACP) and the proposal to drill through the Blue Ridge Mountains under the Appalachian Trail, the Blue Ridge Parkway, and the National Forest.
The information provided in the DEIS is insufficient to support evaluation of the proposed Blue Ridge drilling operation. The scale of excavation is not fully disclosed or considered, and the results of critical geophysical investigations have not been provided. Identification of geohazards and evaluation of mitigation measures have been deferred until later, precluding a meaningful opportunity for informed review of the project. The published DEIS fails to meet the information needs of the public or the governmental agencies that have responsibilities related to the ACP project.
FERC must release a revised DEIS to:
1) prove that boring through the Blue Ridge is a practicable option, by providing reliable and complete geophysical data
2) disclose the extent of land disturbance and water quality damage the proposal would create
3) include detailed, site-specific plans and pollution control measures for all alternatives for crossing the Blue Ridge.
Hundreds of Nonprofit Organizations Join to Demand Reform of ‘Rogue Agency’
WASHINGTON – More than 180 organizations representing communities across America, including West Virginia, called on leaders in the Senate Energy and Natural Resources Committee and House Energy and Commerce Committee to hold congressional hearings into the Federal Energy Regulatory Commission’s (FERC) extensive history of bias and abuse. The groups are also requesting reform of the Natural Gas Act, which the groups say, gives too much power to FERC and too little to state and local officials.
“The time has now come for Congress to investigate how FERC is using its authority and to recognize that major changes are in fact necessary in order to protect people, including future generations, from the ramifications of FERC’s misuse of its power and implementation of the Natural Gas Act,” says Maya van Rossum, the Delaware Riverkeeper, leader of the Delaware Riverkeeper Network and a primary organizer of the effort.
“The Greenbrier River Watershed has two pipelines proposed: Atlantic Coast and Mountain Valley, yet FERC refused to do a Programmatic EIS to look at the need for two pipelines,” says Leslee McCarty, coordinator of the Greenbrier River Watershed Association. “We hope Congress, instead of speeding up approvals for these projects, will force FERC to look closely at need, especially in light of global climate change.”
“The FERC represents the epitome of what the world has come to recognize as a rogue regime: unbridled power over citizens and unquestionable allegiance to and cooperation with unethical, socially unjust and environmentally dismissive corporations,” says Monroe County, WV resident Laurie Ardison, co-chair of POWHR (Protect Our Water, Heritage, Rights).” For the citizens of this country to be victims of the FERC is unconscionable. Congress must reign in this agency which left unchecked, will continue to foster incalculable harms as the fossil fuel industry develops beyond need.”
McCarty adds, “Fracked gas may prove to be even more of a dirty fuel than coal. Yet in the US, and especially in West Virginia, we are asked to embrace this dirty business as our savior. It is a testimony to slick public relations and strategic campaign contributions from fossil fuel companies, and keeps us on a dangerous path to certain disastrous climate change and boom and bust economic development. This is the time for West Virginia to look to revitalize our energy portfolio and keep sustainable jobs, not continue to be led down the painful road we have traveled in the past.”
The letter to Chairman Fred Upton (R-MI), Chairwoman Lisa Murkoski (R-AK), Ranking Member Frank Pallone (D-NJ) and Ranking Member Maria Cantwell (D-WA), signed by 182 community organizations representing communities in 35 states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, West Virginia as well as the District of Columbia, argues that FERC’s review and approval process for jurisdictional pipeline projects is infected by bias; and that it is resulting in uncontrolled and irresponsible proliferation of unneeded natural gas pipelines. Finally, the letter charges the agency with misusing provisions in the law to strip people and states of their legal rights, to prevent fair public participation in the pipeline review process, and to improperly use the power of eminent domain to take private property and public lands in a way that inflicts unforgivable harm to rights, jobs, and communities.
The letter details how FERC has implemented the Natural Gas Act in ways that deliberately undermine public input. FERC has prevented communities from challenging projects before the exercise of eminent domain and pipeline construction, made decisions to benefit its Commissioners, and used conflicted consultants to handle much of the review process.
In addition to calling for hearings into FERC and the Natural Gas Act, the letter opposes any further advancement of language in the Energy Policy Modernization Act of 2016 meant to shorten critical pipeline review periods. Signers of the letter argue that the proposed law should be held in abeyance until after the hearings, where Congress will learn “how people’s rights, state’s rights, and the environment are already being abused under the implementation of the Natural Gas Act and so will be further harmed by passage of provisions proposed in the new law.”
Upon Congressional review, DRN and fellow parties demand the reforms necessary to address FERC’s extensive abuse of power, which requires revising the Natural Gas Act to prevent the misuse and exploitation that has been rampant. Additionally, the organizations seek affirmative action to remedy FERC’s problematic funding structure.
“FERC is corrupt and needs to be reformed,” says Paul L Gierosky, cofounder, Coalition to Reroute Nexus. “The evidence is overwhelming and clear as is set forth in the request for Congressional Hearings. It is time for Congress to hold FERC accountable.”
“The number of frack gas pipelines is exploding and the feds are not only not applying appropriate oversight, but are in fact also enabling the trampling of people’s property rights, public health standards, and environmental protection,” says David Pringle, NJ Campaign Director, Clean Water Action. “This letter is a clarion call to action for Congress to rein in this modern day Wild West that if left unchecked will lead to even worse abuses and explosions.”
A pdf of the letter is available here:
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.
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?
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.”
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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As West Virginia legislature prepares to adjourn, resident warns of dangers to property rights
By John Cobb
There are several currently proposed bills in the West Virginia Legislature now that could seriously hurt our rights as property owners:
Senate bill 508 would destroy a more than 200-year-old law that allows citizens the right to file “Nuisance Suits” against neighbors or companies who harm their property values or their right to the pursuit of happiness on their property. This bill is currently in the House Judiciary committee. While it is not expected to pass, it is essential to keep pressure on House members.
Would Senate Bill 596 would allow gas and pipeline companies to come onto private property to survey your land for pipelines which may not even be in the public interest. This is actually legalizing trespassing. Though dead for now after a defeat in the Senate, voters should be aware of who supported this as they prepare to vote this year.
Senate bill 601 would forces West Virginia Landfill authorities to take drill cuttings from Marcellus Wells which may include contaminated waste and radioactive materials that could pose risks to our aquifers and water supplies. Good water is every West Virginian’s God-given right. It is presently under consideration in the House.
None of these bills should be amended! They are wrong in any possible form.
None of these Senate Bills should come to the full Legislative floor for a vote.
All these Bills should be killed/stopped – NOW!
These Senate Bills seem to be totally for the benefit of the Marcellus Drilling and Pipeline companies and are putting our property rights, values, lives and peace of mind at risk. The out-of-state companies will be gone in ten years, but many of our property rights could be gone forever. It’s time to act to get involved!
Our Senators will not be representing “the majority” of their constituents if they sponsor or support or vote for these Senate bills!
Please watch closely how your elected representatives vote in this session of the Legislature. It is important that they vote for our property rights.
It just does not seem to stop. Governor Tomblin asked the West Virginia Senate to Pass Senate bill 419. This bill would eliminate some of the revenue derived from the state severance tax on oil and gas extraction by 4.7 cents per thousand cubic feet of natural gas (along with a fee on coal extraction).
Call me thunderstruck, but this tax revenue cut comes at a time when our state has a shortfall of over $350 million in the budget.
Yes, the fee was originally to be used to pay down the state’s old workers’ compensation debts and Tomblin had promised that once the debt was paid, the fee would be lifted.
Guess what. Our state senators have unanimously passed Senate bill 419 and it is now awaiting the Governor’s signature. If signed, we will lose this potential tax revenue source that could help us fix our state’s budget. So I ask you, “Who is working to fix our budget”?
Finally, we need to kill any bill that supports forced pooling.
Two such bill are SB646 and HB 4639 which support forced pooling. These bills will allow drilling under a surface owner’s property without their consent and without benefit to the surface owner. These are the worst forced pooling bills ever. Last year the legislature tried to pass a forced pooling bill and it failed because it is an unfair concept and an unfair law.
I thought this was the year that our infrastructure was to have been top priority. What happened?
Our roads and bridges need repair and improvement. We need new roads. We still need to get good water to the thousands of folks who are on spring or well water. Yes, many families are still in need of reliable city water. So many people today in our state are still living as third world citizens.
So ask your representative why they are working so hard on taking away more of our rights.
There has never been a more important time to watch what is going on in Charleston!
There is still time to contact your elected officials. So take action now to protect your property rights.
These bills are taking away people’s rights and it is unfair to take away the legal system from ordinary citizens.
You can check a bill’s status at: http://www.legis.state.wv.us/ and you can also find your legislator by clicking on Senate or Delegate and then Member to get the phone number or email address to contact your representative.
You can make a positive impact. Take the time to protect your property rights now.
The West Virginia Legislature is scheduled to adjourn on Saturday.
© John Cobb, 2016. Mr. Cobb writes from his farm in Ireland, W.Va.
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Cost to people, communities and environment could run into billions along entire route, based on four-county study
MONTEREY, Va. – Five groups concerned about the short-term and permanent impacts upon their communities caused by the proposed construction of the Atlantic Coast Pipeline (ACP) have released an independent study revealing that just four counties in Virginia would likely experience billions of dollars of loss and damage should the ACP be built. The report was commissioned by the ACP Highlanders for Responsible Development, Augusta County Alliance, Friends of Nelson, Friends of Buckingham, and Yogaville Environmental Solutions. The exhaustive in-depth study was conducted by Key-Log Economics, a research economics firm based in Charlottesville, Va.
A news release from Allegheny-Blue Ridge Alliance about the study stated, “Dominion says that it would cost approximately $5 billion to build its 594-mile high pressure natural gas transmission line through West Virginia, Virginia, and North Carolina. That number pales in comparison to the costs and economic impacts of the pipeline that will be incurred across just a four-county area of western and central Virginia. …”
The statement continued, “The eye-opening analysis found that up to $141 million in lost property value and services, such as water and air quality, would occur across the four-county study area just during construction. Further, the pipeline will depress area economies, contribute to job loss, reduce quality of life, and lower personal incomes in perpetuity to the tune of up to $109 million annually.”
Those estimates are conservative, notes Spencer Phillips, founder of Key-Log Economics. “Putting the stream of costs into present value terms and adding the one-time costs, the total estimated cost of the ACP in Highland, Augusta, Nelson, and Buckingham Counties is between $6.9 and $7.9 billion,” he said.
Lewis Freeman, Chair of the Allegheny Blue Ridge Alliance and President of Highlanders for Responsible Development, added, “In Highland County annual costs to the local economy are estimated to be $7 million or higher, much larger than the projected benefits that would come to the county, including tax revenues paid by the pipeline. Adverse impacts on property values, which have already been negatively affected by the prospect of the project, will be significant. Also negatively impacted will be travel and tourism, which account for one-fifth of the county’s employment.”
For Augusta County, through which Dominion proposes to run more than 50 miles of the pipeline route, the negative impacts to people’s lives and property is enormous, according to the report. Total property value lost would be approximately $44.5 million, resulting in an annual reduction to the county coffers in excess of $209,061. “Those figures, while conservative and not inclusive of the new route through the Deerfield Valley, are based on loss of subdivision and development potential, loss of property value and property marketability because of proximity to the pipeline, damage to water resources, and a reduction in agricultural production to name just some of the factors that went into the calculation,” noted Nancy Sorrells, Chair of the Augusta County Alliance.
The Atlantic Coast Pipeline would cost Nelson County up to $43 million dollars per year, with additional one-time costs of up to $41 million according to the report. Individuals and businesses would lose up to $25 million in property value outright, while annual losses would include $18 million in recreation tourism dollars and $1.2 million in personal income. The annual loss to the county government would be $526,000 in tax revenue and $144,000 in property tax revenue, far exceeding the local annual tax payment promised by ACP, LLC.
The communities in Buckingham County, the eastern-most county in the study, are faced with the double whammy of the massive pipeline and a gigantic compressor station that will be in operation 24/7. According to the study, the ACP would cost Buckingham as much as $20.8 million in one-time costs and annual losses of as much as $7.1 million.
“I would encourage every Buckingham resident to become familiar with Key-Log’s findings,” noted Chad Oba, Chair of Friends of Buckingham. “This report uncovers previously undisclosed costs of Dominion’s mega-industrial project for our county. No one wants to live near a toxin-belching compressor station nor a 42-inch pipeline, both of which bring many health hazards, and threaten Virginians’ property rights.” As to the purported tax revenue promised by Dominion to the county, she added, “No amount of tax revenue can buy off citizens who are sincere about protecting their community and their beautiful surroundings.”
The pipeline impact study was spearheaded by local citizens groups and property owners who were frustrated at the inaccurate information being distributed by Dominion in regard to the purported benefits of the ACP. Not only were those “benefits,” such as large numbers of jobs during and after pipeline construction and promised tax payments to the counties, generally understood to be greatly inflated, they were also not balanced with information on what the negative effects of the pipeline could be in these central and western Virginia communities.
“It has fallen on us to analyze the costs to our communities should this pipeline come to pass,” said Ernie Reed of Friends of Nelson, the lead group that commissioned the study. “This report demonstrates not only how economically dangerous the pipeline is but how our four counties would bear a huge share of the costs of this project at the hands of Dominion. Further, while the use of the pipeline is measured in years, the costs to the region are forever.”
The study and recent alternate route proposed by Dominion
The statement added, “The recently announced re-routing of the ACP through the southern portion of Highland County, into Bath County, and back through Augusta County was announced after the Key-Log study was completed. While the re-routing would reduce to some extent the economic impact on Highland, the negative economic impact resulting from the re-routing into northern Bath County would increase the total impact on the immediate region due to the higher property values of affected property and businesses in Bath. Further, the additional dozen or so miles added to the Augusta County route will only serve to increase the final economic impact to that community.” It noted, “The uniqueness of the counties in the study mean that the specific impacts within each area vary. However, the underlying result, as pointed out in the study, is that the four counties will be deeply impacted in a very negative way.”
Regarding the proposed alternative route, The Recorder, a weekly newspaper based in Highland and Bath counties, noted that Dominion had originally rejected the alternative route. In this weeks’ edition, published today, the newspaper reported that Dominion rejected the route it is now proposing because, “Crossing this terrain with a 42-inch-diameter pipeline while attempting to minimize or avoid traversing steep side slopes would result in multiple, steeply graded, up-and-down approaches to ridge tops that would in many instances require heavy equipment winching on both sides of the ridge from single or multiple staging areas on the ridge top … Because of the narrowness and remoteness of the ridge tops, most of these areas would require the construction of a graded winching platform on top of the ridge, and depending on the slope, could require construction of an access road along the ridge to access the winch platform for delivery of construction equipment and pipe sections. Access to the remote areas crossed by the three southern alternative routes would be difficult due to the lack of existing nearby roads … which could require the construction of new roads into these areas. Slope restoration and stabilization would also be difficult to achieve in many of the steep areas crossed.”
This is the first independent study done on the ACP. However, when one considers that this study covers only a small portion of the proposed route, it seems rather clear that Dominion is proposing a project that will accomplish only two things – provide additional dividends to its shareholders and destroy all that is dear to the people of Appalachia.
© Michael M. Barrick, 2016
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Atlantic Coast Pipeline LLC forced to adopt alternative route after U.S. Forest Service rejected recent proposal
By Michael Barrick
CLARKSBURG, W.Va. – The Atlantic Coast Pipeline, LLC (Atlantic) a subsidiary of Dominion Resources, Duke Energy, and others, has filed an alternate proposed route for the Atlantic Coast Pipeline (ACP) with the United States Forest Service (USFS). The new filing comes after the USFS in January rejected the initial proposal brought by Atlantic. Originally planned at about 550 miles, this alternative would bring the total closer to 600 miles, including over some of the most impenetrable mountainous terrain in the eastern United States.
As currently proposed, the ACP would originate near here in Harrison County, and terminate in southeastern North Carolina. Ultimate approval for the ACP will be up to the Federal Energy Regulatory Commission (FERC).
Once again, Dominion has proposed a route without thinking through or understanding the environmental and other consequences of its decision.” – Statement from Allegheny-Blue Ridge Alliance
However, ACP must first gain USFS approval because it wishes to build the pipeline through three national forests in West Virginia and Virginia – the Monongahela, the George Washington and the Jefferson. In rejecting ACP’s original proposal last month, and requiring that a new one be filed, the USFS said the route would cause harm to “ … highly sensitive resources, including Cheat Mountain salamanders, West Virginia northern flying squirrels, Cow Knob salamanders, and red spruce ecosystem restoration area.”
When submitting its alternative plan, Atlantic said, “The route will reduce total mileage in the national forests by more than one-third, from 28.8 miles to 18.5 miles.” It admitted, though, “The alternative route will impact approximately 249 new landowners in Randolph and Pocahontas counties in West Virginia, and Highland, Bath and Augusta counties in Virginia.”
It said also, “We are contacting landowners along the alternative route to request permission to survey their properties so the route can be thoroughly evaluated. Atlantic will submit a preliminary analysis of the route to the FERC next week, and plans to hold a series of public informational open houses along the route in early March.”
Opponents to the ACP, meanwhile, argue that the alternative proposal is no better, for numerous reasons.
Marilyn Shifflett of Free Nelson, in Nelson County, Va., said, “To have come forward with such a massive reroute so quickly after the USFS denied permit on the prior route speaks volumes about the lack of consideration for environmental impacts, and impacts to private property owners.” She continued, “The ACP’s new route is equally as devastating, if not more, than their prior route. A significant number of landowners have been impacted, with the hardest hit taken in Pocahontas County, West Virginia, and Bath and Augusta counties in Virginia.”
Rick Webb of the Dominion Pipeline Monitoring Coalition, also based in Virginia, responded, “Dominion fails to recognize … that the real issue is construction of a major pipeline through the greatest concentration of remaining wild lands, pristine streams, and intact ecosystems in the central Appalachian region.”
Webb added, “Although the newly proposed route would reduce impacts to certain species that are emblematic of this wild landscape, Dominion’s alternate route still involves significant forest fragmentation and fails to avoid environmental harm associated with construction across steep mountains and complex karst valleys. Moreover, Dominion is now proposing to build the pipeline along a path that was initially rejected for being too challenging and hazardous.”
He continued, “The proposed ACP is unprecedented with respect to pipeline size and the level of disturbance that will be required. There is no acceptable route for the ACP through the central Appalachian region. The proposed pipeline will be 42 inches in diameter, requiring excavation of an 8- to 12-foot-deep trench and the bulldozing of a 125-foot-wide construction corridor straight up and down multiple steep-sided forested mountains. It will require construction of heavy-duty transport roads and staging areas for large earth-moving equipment and pipeline assembly. It will require blasting through bedrock, and excavation through streams and wetlands. It will require construction across unstable and hydrologically sensitive karst terrain.”
Argued Webb, “Pipeline construction on this scale, across this type of steep, well-watered, forested mountain landscape, is unprecedented. It will be impossible to avoid degradation of water resources, including heavy sedimentation of streams, alteration of runoff patterns and stream channels, disturbance of groundwater flow, and damage to springs and water supplies. It will be impossible to avoid fragmentation and degradation of intact, high-integrity forests, including habitat for threatened and endangered species and ecosystem restoration areas”
A statement issued by the Allegheny-Blue Ridge Alliance, also based in Virginia, noted, “The new alternative route for the Atlantic Coast Pipeline … avoids Cheat and Shenandoah Mountains but compounds the ecological harm that would ensue. By directing the pipeline further south in Pocahontas County, W.Va., into northern Bath County, Va. and then north through the Deerfield Valley in Augusta County, the route would traverse some of the most concentrated karst topography in the Allegheny region. A pipeline through this area would significantly increase the likelihood of catastrophic erosion and sediment pollution of several significant waterways. Furthermore, the new route opens up to potential devastation a whole new set of cultural and natural resources. The many newly affected landowners and local officials must be carefully consulted before the project should be allowed to continue with the FERC process.”
The group added, “Once again, Dominion has proposed a route without thinking through or understanding the environmental and other consequences of its decision.”
Tom Berlin, a farmer in Lewis County, W.Va., said that he believes, in the end, the ACP will be approved. “I think they will keep finding alternatives until they get the opposition worn down and FERC may make them jump through a few more hoops. Eventually, governors, representatives, and senators will decide that they have had enough and pressure FERC and the Forest Service to approve the project. There is the pressure of appropriations to get compliance. I feel that ACP will be built and we can only hope to minimize damage and get the best possible deal for local landowners.”
Dianna Gooding, a farmer in Gilmer County, W.Va., which neighbors Lewis County , offered, “First, the proposed alternative I believe is the original route that was also opposed early on, and that it was decided that the terrain was too steep, too rocky etc., and disrupted too many landowners. The overall impact will be just as bad if not worse and will of course affect many more private landowners.” She shared also that while the Stonewall Gas Gathering line was being constructed last year, a supervisor with one of the involved companies said “… they had made plenty of mistakes, the terrain was something they had never worked in before, and they were flatlanders primarily. They had many, many issues, and the other companies were not knowledgeable either about building such large lines in the terrain. …”
Senior Attorney Greg Buppert with the Southern Environmental Law Center said, “Dominion has proposed a knee-jerk and ill-conceived adjustment to its favored route, rather than a solution that truly attempts to minimize the harm to this region. To prevent unnecessary impacts to our communities and environment, we must understand whether the Atlantic Coast Pipeline is truly needed to meet the regional demand for natural gas in light of the changes to existing pipelines that are already poised to bring more gas into Virginia,” He added, “The new route also raises fundamental questions of fairness. FERC must put the Atlantic Coast Pipeline on hold until the citizens of Bath County and other communities along the route have the same opportunities as others along the pipeline route to understand the project, evaluate its impacts, and make their voices heard.”
Ben Luckett, Staff Attorney with West Virginia-based Appalachian Mountain Advocates, stated, “This new route would still cause dramatic forest fragmentation through some of the most high-quality forest habitat in our region.” He added, “We’re disappointed Dominion would threaten a whole new set of Virginians and West Virginians when the pipeline is not even necessary to meet our energy needs.”
Concluded Shifflett, “Dominion will try to push this new route through quickly to maintain their construction schedule, and the FERC will likely not ask for a fair time frame for residents to respond, unless there is a massive public outcry. We need to continue our solidarity in West Virginia and Virginia to ensure that we are heard and a fair process is offered to every landowner.”
© Michael M. Barrick, 2016
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