Stonewall Gas Gathering companies running roughshod over people, nature and the law
By Michael M. Barrick
ALUM BRIDGE, W.Va. – The West Virginia Department of Environmental Protection (WVDEP) has issued at least 12 Notice of Violations to the contractors of the Stonewall Gas Gathering (SGG) pipeline since mid-June. The violations are for not following best practices and for causing conditions which pollute the state’s streams.
The SGG is being built by Stonewall Gas Gathering, LLC, which was incorporated in Delaware on June 4, 2014. SGG is a subsidiary of Momentum (officially M3Midstream), based in Texas and Colorado. The Stonewall Gathering line is part of Momentum’s Appalachian Gathering System (AGS). The SGG will connect to the AGS in Harrison County and terminate in Braxton County, where it will connect to the Columbia pipeline. It runs also through Doddridge and Lewis counties.
The company laying the pipeline is Wisconsin-based Precision Pipeline, LLC. According to the company’s website, “We have the experience and expertise to safely complete any project while maintaining total environmental compliance with minimal impact to landowners.”
That’s what the company’s website says. The state of West Virginia, residents being impacted by it, and at least one independent environmental scientist say otherwise.
In mid-July, Jamie Tallman, an environmental inspector with WVDEP surveyed an approximately six mile stretch of the 55-mile pipeline and found that the construction had impacted at least eight stream crossings on Right Fork, Laurel Run, Indian Fork, Big Isaac Creek and Meathouse Fork in Doddridge and Harrison counties. As a result of those visits, he issued 10 Notice of Violations to SGG, though Precision Pipeline is doing the actual work.
He cited poor sediment controls at stream crossings, poor perimeter controls, and other problems such as “marginal” conditions for slope breakers. He noted also, “Multiple earthen slips were observed … two of which were documented to impact state waters but had not been reported.”
That brings to 12 the number of Notice of Violations for this project, the other two also issued by Tallman. One was issued in June for damage done near the community of Big Isaac in Doddridge County and another in early July near the same area. Read more: Standing Their Ground.
Meanwhile, Diana Gooding, a Gilmer County farmer who lives near the Lewis County line, has been taking residents from Virginia and southeastern West Virginia on tours of the pipeline route to witness first-hand the impact of the construction on the region’s delicate watershed. On Aug. 11th, after a heavy rain, Gooding noted, “Goosepen Road today was alive with devastation. Running over the sediment barriers was the mud to the stream as they worked away with heavy equipment despite the deluge of rain we had last night.” She observed, “The equipment and bulldozers were sliding backwards and sideways just trying to take pilings up the hillsides.”
She offered, “It is awful what they are being allowed to do. All of the little streams below are getting trashed big time.”
Independent Environmental Assessment
One such person who accompanied Gooding on one of her trips along the pipeline route is Autumn Bryson, a Greenbrier County-based environmental scientist and owner of Autumn Environmental. On July 18th, along with several others, they visited numerous sites in Lewis, Harrison and Doddridge counties. From that visit, Bryson conducted a Sediment and Erosion Control Assessment. The Assessment was accompanied by numerous photos supporting her assertions.
She observed, “Silt fences, filter socks, and hay were the methods used to control sedimentation and erosion. Failing silt fences were observed at Goosepen Run Stream Crossing along the pipeline route, allowing sediment to enter the nearby stream. The sediment and erosion control measures used are inadequate for the amount of exposed soil and high precipitation events that are common to this region.”
She continued, “Along Sleepcamp Run road, soil was piled high on steep slopes above the road. Silt fences were the only method used to hold the soil in place. There were several occurrences where the silt fences were overloaded and torn due to the weight of the rock and soil. One fabric silt fence is an inadequate method to stabilize an entire hillside. Silt fences were not designed for this use. With a heavy rain event, a landslide could occur causing a safety hazard on public roadways.”
On another crossing in Lewis County, Bryson observed, “Along Copley Road, the pipeline route crosses Sand Fork. At this location, sedimentation was observed in the stream. The silt fences were overflowing allowing the overflow to empty into the nearby stream. The high volume of soil is too much for the silt fence to bear.”
Additionally, she observed, “The Stonewall Gathering pipeline crosses Left Millstone Road and continues down the mountain to cross Millstone Run. Sedimentation was observed in Millstone Run. Filter socks and silt fences were attempting to control the erosion but the volume of soil was too much to hold the hillside in place. The runoff has breached the silt fence and evaded the filter sock. There was also a tear in the filter fabric on the temporary bridge. This hole in the filter fabric allows runoff to flow directly into the stream below further exacerbating the sedimentation issues.”
She asserted also, “An illegal stream crossing was observed where the Stonewall Gathering Line crosses Elk Lick. It appeared that heavy equipment was driven directly through the streambed. There was no stream crossing permit signage in place. No sediment and erosion control methods were used and as a result there was significant sedimentation and damage to the stream bank.”
At yet another stream crossing, she noted, “The Stonewall Gathering line crosses the Right Fork of Kincheloe Creek. Another erosion control measure failed at this stream crossing. The silt fence was unable to contain the volume of soil eroding from the hillside. As a result, the soil breached the silt fence and spilled into the stream.”
She concluded, “Based on observations made during the site visit to the Stonewall Gathering pipeline, the Sediment and Erosion Control Plan is ineffective for a construction project of this magnitude. Silt fences, filter socks, and hay are not able to control erosion and reduce sedimentation into nearby streams. At each location there were instances where the erosion control methods failed impacting the surface waters in the vicinity. The silt fences are unable to bear the load of soil excavated during construction. Filter socks are inadequate at controlling runoff. Filter fabric has been compromised leaving it ineffective. In addition, there is an area where no best management practices are used and heavy equipment has been driven directly through a streambed. These sedimentation and erosion control issues need to be addressed. A more effective plan for controlling sedimentation and erosion needs to be implemented to reduce impacts on nearby streams.”
A resident’s experience
Meanwhile, a farmer near Jane Lew in Lewis County has had more than one confrontation with Precision employees, as well as state workers purportedly on site to monitor the work of the construction crews. Going home on his motorcycle after a trip to Pennsylvania, Tom Berlin was more than a mile up a road to his home only to find it blocked by construction activity. “They were breaking rock and digging a trench. They had a couple of those big iron plates across covered with about four eight-inch-high piles of loose dirt and rock fragments on the best of the two plates. They stopped one machine, but not the big jack hammer and told me I could cross. It was a sort of a tricky crossing, but doable. They made no effort to clear or smooth the path for me, all looking to see if I would make it or chicken out and turn back. I was especially upset that they kept the jack hammer working right alongside me the whole time.”
He continued, “I berated them for not posting a sign at the end of the road, rather than making people travel a mile-and-a-half up a dirt road to find the way blocked. I said I wanted to talk with a supervisor. A man in a white pickup met me at the top of the hill and I gave him a piece of my mind. I then walked back down and found that there was a state road employee in his truck sitting there watching and supposedly making sure they were doing things right. He kept insisting they had a permit and all was OK. He could not explain to me why they did not need to post a warning sign, except to say that they put a notice in some newspaper recently.”
Berlin revealed also, “Then I noticed a guy in a 4-wheeler apparently taking a nap. He bestirred himself and asked if all was OK. I asked if he was a supervisor on this crossing and he assured me he was. So, I lit into him a bit. He explained that he had 55 miles of 36-inch pipeline to lay and he did not have the time to accommodate the needs of every local who might want to use the public road.”
Berlin said the man refused to give him his name.
© The Appalachian Preservation Project, 2015. The Appalachian Chronicle is a publication of the Appalachian Preservation Project. If you find this writing of value, we hope that you will consider support our independent work by becoming a member of the Appalachian Preservation Project. By doing so, you will be supporting not only this website, but also our other outreaches, programs and partnerships.
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Judge concludes proposed Mountain Valley Pipeline does not benefit the people of West Virginia as required by state law
By Michael M. Barrick
UNION, W.Va. – This village barely more than a block long is customarily quiet and peaceful, serving as the seat of government for Monroe County, which is framed by the Greenbrier River and the high peaks that form the boundary between Virginia and West Virginia in the Jefferson National Forest. As such, it is a mixture of breathtaking valley farms, soaring mountains and historic structures.
For months, though, it has been the scene of turmoil as local citizens have been battling with companies seeking approval from the Federal Energy Regulatory Commission (FERC) to build the Mountain Valley Pipeline (MVP). The 42-inch diameter MVP would be approximately 330 miles long, running from North Central West Virginia and through Monroe County into south-central Virginia.
At issue is whether or not West Virginia’s eminent domain law allows MVP to access private property to survey prospective routes prior to FERC rendering a decision. MVP argued so; local residents said otherwise.
Monroe County Circuit Judge Robert Irons concurred with the citizens here on Aug. 5.
After a morning trial, Irons ruled that MVP had not demonstrated that the proposed pipeline provided sufficient public use for the people of West Virginia, as required by West Virginia eminent domain law. Irons issued a preliminary injunction sought by Bryan and Doris McCurdy of Greenville, who were represented pro bono by lawyers from Appalachian Mountain Advocates.
Natalie Cox, the Corporate Director of Communications for EQT, a company seeking approval to build the pipeline, said, “While we respect the Court’s bench ruling, we will review the written order once it is received and consider out options going forward.”
Nevertheless, Irons’ ruling was applauded by two environmental scientists and a Monroe County resident that have visited northern West Virginia – where construction of the Stonewall Gas Gathering pipeline is underway and fracking is widespread. After visiting the Marcellus Shale fields of northern West Virginia, the three have been warning their communities about the human health risks and ecological destruction that accompanies the gas companies’ extractive processes.
Laurie Ardison, who has been active in grassroots efforts in Monroe County, said, “I believe it is time for citizens’ rights to emerge again. This ruling is absolutely appropriate. Property owners should never have to live in fear of uncontrolled, unfettered, unethical gas industry intentions.”
Dale McCutheon served as a county sanitarian in seven West Virginia counties at different intervals. He is a registered sanitarian with a Master’s in Environmental Science. He has conducted surface and ground water studies for federal, state, and county governmental agencies as well as local organizations.
A resident of Union, he said, “Water-related issues are of special concern to me. Of particular concern to Monroe County residents is the potential impact to the county’s water resources. The proposed routing of the pipeline through areas of steep terrain and karst topography – which provides the majority of the county water supplies, both public and private – threatens the most precious and essential resource. Monroe County does not, as many adjacent counties do, have a river to provide a continuing water source, so the loss of water resources due to an impact of a pipeline would have an unalterable effect on the health and well-being … of the residents.”
Autumn Bryson is an environmental scientist who recently concluded a Sediment and Erosion Control Assessment of the Stonewall Gas Gathering construction activities in northern West Virginia (soon to be published on the Appalachian Chronicle). She works out of neighboring Greenbrier County. She remarked, “As an environmental scientist, I am very concerned that these companies want to be above the law when it comes to our land and resources. We need more judges and people in leadership roles to have the courage to stand up to the oil and gas industries and let the corporate employees know that they need to abide by the laws like every other responsible human being.”
McCutheon, whose ancestry goes back six generations to the original settlement of the area in the late 1700s, and who has spent his professional life working on environmental and health concerns, pointed out, “Monroe County has, heretofore, primarily due to the lack of coal, oil and gas reserves, not been subject to the degradation that has taken place in much of the state as a result of exposure to the activities of the extractive industries.”
He continued, “Its mountains are unscathed, its streams are still pure and free-flowing and its farm fields remain verdant and green. The people of Monroe are strong-willed, independent folks who highly value their rights to privacy and full enjoyment of their properties, and strongly resist efforts by anyone, including government or private entities, to encumber or diminish those rights.”
Ardison concurred, saying, “This is why we have a constitution in the first place. I urge anyone reading this to speak up and claim their rights.” She concluded, “We’re strong and proud people in this state. Let’s work together to keep it wild and wonderful.”
© The Appalachian Preservation Project, 2015. The Appalachian Chronicle is a publication of the Appalachian Preservation Project. If you find this writing of value, we hope that you will consider support our independent work by becoming a member of the Appalachian Preservation Project. You can learn more here. By doing so, you will be supporting not only this website, but also our other outreaches, programs and partnerships.
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Three years after Preserving Sacred Appalachia Conference, Appalachia and all of the planet is as vulnerable as ever to fossil fuel industry
April 22, 2018 — Three years ago this morning, I was having breakfast with our daughter Lindsay in Charleston, W.Va., reflecting upon the Preserving Sacred Appalachia conference we had organized with the help of countless of others. It has broken up the day before, and we allowed ourselves an extra night int he Mountain State’s capital to visit our favorite restaurant for dinner — Leonora’s Spagetti House.
We were hopeful. Despite a steady, cold rain that morning, the outlook we took from the conference reflected that spring morning; while it was cold and rainy, the grays and browns of the West Virginia winter had finally turned green in the Kanawha Valley. Indeed, during the warm and sunny days of the conference, the 50 or so gathered often looked longingly out the window at the budding leaves gently moving from the invisible breeze.
But we stayed inside, because we were gathered for a common and critical purpose — preserving Appalachia and all of the planet. We presumed, as you will read below from the article posted shortly after the gathering, that people from all backgrounds and disciplines could and would agree that the earth is sacred because it is the source of life.
We did. However, three years later, it is clear that the fossil fuel industry has been crushing all efforts at preserving our air, land and water. EQT (Pittsburgh), Dominion (Richmond), and Duke Energy (Charlotte) have set up a nice little triangle of fossil fuel dominance in Appalachia. Since 2010, they have bought the legislators in North Carolina, Pennsylvania, Virginia and West Virginia. Federal and state regulatory agencies have ignored the law and will of the people and greased the tracks for the very companies they are supposed to hold in check.
I am saddened, but I am in awe of our allies (many mentioned below) that continue to fight the good fight to preserve Mother Earth. On this Earth Day, let us recommit ourselves to being part of that fight. — MMB
Unity the Theme at ‘Preserving Sacred Appalachia’ Conference
Interdisciplinary and interfaith gathering helps strengthen collaboration on environmental issues
CHARLESTON, W.Va. – Approximately 40 ecological preservationists joined together in Charleston at the St. John’s XXIII Pastoral Center from April 19-21 to champion responsible environmental stewardship in the context of understanding that Appalachia – and all the earth – is sacred. Among those at the “Preserving Sacred Appalachia” conference were people of faith, activists, artists, scientists, politicians, and educators.
The unprecedented interfaith and interdisciplinary gathering was sponsored by St. Luke’s United Methodist Church of Hickory, N.C. In-state partners included the Sierra Club – West Virginia chapter and West Virginia Interfaith Power & Light (WVIPL). The Appalachian Preservation Project handled public relations, planning and logistics for the conference.
It was an intentional interdisciplinary and interfaith outreach by and to people that are devoted to preserving the eco-systems which support life in Appalachia. It brought together the region’s rich collection of seasoned, experienced preservationists. While several organizations provided speakers, the event also included numerous attendees from West Virginia and other Appalachian states determined to identify fundamental areas of agreement regarding the immediate core challenges to Appalachia’s eco-systems and key strategies for addressing them.
The gathering concluded with a roundtable discussion of the topics discussed over the course of the conference. From those discussions, participants will issue a white paper – scheduled for release this summer. The white paper will be a unified, decisive statement identifying the core challenges threatening the people and environment of Appalachia; explaining what makes Appalachia – and all the earth – sacred; and to equip the people of Appalachia with practical, effective methods to help preserve the region’s water, air, soil, habitats and natural beauty.
The keynote speaker was Tierra Curry, the senior scientist and a conservation biologist at the Center for Biological Diversity. The conference kicked off with an extended trailer of the feature film, “In the Hills and Hollows,” a documentary by Keely Kernan, an award winning freelance photographer and videographer. The documentary, which Kernan is presently filming, investigates the boom and bust impacts that mono-economies based on fossil fuel extraction have on people and their local communities.
Other speakers included Susan Hedge with the Catholic Committee of Appalachia; Bill Price, the organizing representative for the Sierra Club – West Virginia Chapter; Allen Johnson of Christians For The Mountains; Angie Rosser, the executive director of the West Virginia Rivers Coalition; Ben Townsend, a West Virginia traditional musician; Carey Jo Grace and Tuesday Taylor with Our Children, Our Future; Robin Blakeman, the Special Event and Membership Committee Organizer for the Ohio Valley Environmental Coalition; Mike Manypenny, a former member of the West Virginia House of Delegates; Bill Hughes, the West Virginia Community Liaison for the FracTracker Alliance; Bob Henry Baber, a widely published Appalachian poet, novelist, creative writing teacher and mosaic artist; Barbara Ann Volk, a Lewis County landowner; Liz Wiles, the chair of the Sierra Club – West Virginia chapter, as well as Aurora Lights and the Mountain SOL school; Lindsay Barrick, an artist and the Director of Programs at St. Luke’s United Methodist Church; Mel Hoover and Rose Edington with WVIPL; Autumn Bryson, an environmental scientist; Michael Barrick, the founder of the Appalachian Preservation Project and publisher of the Appalachian Chronicle; and, all of the conference attendees.
Topics addressed include Appalachia’s sacredness, climate change, water quality, the role of art and music in telling Appalachia’ story, mountaintop removal, fracking, natural gas pipeline development, child health, politics and policy. It also included times of meditation, reflection and sharing.
As the conference completed, several presenters commented on its value. Wiles shared, “The Preserving Sacred Appalachia conference was a great opportunity to re-connect with familiar faces in West Virginia’s environmental movement as well as meeting members of the faith community who are working on environmental issues in their congregations. This was a good step in bringing together all kinds of communities who care about the health of their families, their neighbors, and their local, natural environment.”
Manypenny said, “I found it very inspiring that so many came out to participate in this event, both as speakers and as advocates, in the ongoing struggle for environmental justice, our Appalachian way of life, and for our love and appreciation of nature.” Barbara Volk echoed his remarks, adding, “I found myself so inspired by the diverse group of people that are ready to shift the paradigm regarding how we affect change in this culture of waste.”
Price added, “I’ve been thinking about how the conference will benefit the work that all of us are doing. I think that the faith community can help to convene spaces where people of various opinions and perspectives can come together to get to know each other, to figure out those common values, and to work together for a better future.” Blakeman said, “The conference was a great opportunity to network with and learn from like-minded individuals.”
Hoover offered, “This partnership demonstrates that we are at a crossroads in the Mountain State. We have always known that we must work together to address the many environmental issues impacting the people and ecology of West Virginia. This conference, by joining together people of faith with scientists, educators, artists and others, sends a clear message that cannot be ignored – we are united in purpose.”
© Appalachian Preservation Project, LLC, 2015. The Appalachian Chronicle is a publication of the Appalachian Preservation Project. The Appalachian Preservation Project is a social enterprise committed to preserving and protecting Appalachia. If you wish to support our work, please consider becoming a member.
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