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?”
Courtesy submissions
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Tom Perriello for Virginia Governor
Mr. Perriello demonstrates courage and leadership that are too rare
By Michael M. Barrick
Tom Perriello
RICHMOND, Va. – Virginia voters will go to the polls on June 13 to select nominees for governor. For those that care about the human and environmental health of Virginia, and for those that have devoted their lives to stopping the ill-advised Atlantic Coast Pipeline and Mountain Valley Pipeline, the Appalachian Chronicle believes the evidence is clear – Democratic candidate Tom Perriello is the best choice for Virginians and their neighbors.
While the race will be watched closely with those obsessed about reading political tea leaves and what it means about upcoming national election cycles in 2018 and 2020, many folks in Virginia – as well as neighboring West Virginia and North Carolina – have far more immediate concerns. They wish to protect their families, homes and communities from the inevitable, permanent and negative impacts upon human and environmental health that will be caused by the pipelines.
Mr. Perriello is an ally of those fighting fracking and the pipelines. He has issued position papers on the environment and building a clean energy future which are based in sound science and reject profit over people. Indeed, in taking on Richmond-based Dominion Energy, he has clearly demonstrated courage.
On Leadership
What would induce anyone, at this stage, to hold on to power only to be remembered for their inability to take action when it was urgent and necessary to do so?” – Pope Francis
A couple of years ago, I was asked by a well-known environmental group to speak to the relevance of the ecological encyclical “On Care for Our Common Home” by Pope Francis as it applies to Appalachia.
This group clearly understands the root cause of the problems we face. It didn’t take long for several people to assert that the most important statement in the encyclical was not about the environment, but leadership. In paragraph 57 of the encyclical, Pope Francis asks, “What would induce anyone, at this stage, to hold on to power only to be remembered for their inability to take action when it was urgent and necessary to do so?” In fact, as his is blunt nature, the pope said also, “We lack leadership” (no. 53).
That is the first reason Virginia and Appalachian residents need Mr. Perriello to be the next governor of Virginia. He has demonstrated the leadership required by the times.
Shenandoah Mountain, Va. If approved, the Atlantic Coast Pipeline would forever mar this land. Photo by Brad Striebig.
The second reason is that the state agencies charged with protecting the environment are simply not doing it. Dozens of groups and thousands of residents of Virginia have been denied critical information. Mr. Perriello has promised to return transparency and proper enforcement to Virginia government. One example of why this is so critical just came in from Rick Webb, the program coordinator for the Dominion Pipeline Monitoring Coalition, based in Monterey.
In an email, Webb wrote, “The Virginia Department of Environmental Quality announced on April 6th that it would conduct full, site-specific regulatory reviews for both the Atlantic Coast Pipeline and the Mountain Valley Pipeline under the Clean Water Act and state law.” He revealed, however, “DEQ officials now say (seven weeks later) that inaccurate information was provided to the public, and that the DEQ will instead rely on the U.S. Army Corps of Engineers to examine stream crossings, which will number in the hundreds for each project.”
Webb continued, “DEQ’s current backpedaling is but the latest manifestation of Dominion’s resistance to providing site-specific plans for agency and public review. Dominion doesn’t want the public to understand the real impact of the project until after it has its approvals in hand. The same is no doubt true for the MVP developers.”
Mr. Perriello has pledged to require state agencies to do their jobs. That begins with holding Dominion and its partners accountable. To that end, we are hopeful that Mr. Perriello would embrace the Precautionary Principle to justify placing a moratorium on pipeline development, fracking and related activities.
The Precautionary Principle, according to the Science & Environmental Health Network, asserts, “When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public, should bear the burden of proof.” It is a philosophy embraced by public and environmental health experts the world over.
Pope Francis
As Pope Francis wrote, “This precautionary principle makes it possible to protect those who are most vulnerable and whose ability to defend their interests and to assemble incontrovertible evidence is limited. If objective information suggests that serious and irreversible damage may result, a project should be halted or modified, even in the absence of indisputable proof. Here the burden of proof is effectively reversed, since in such cases objective and conclusive demonstrations will have to be brought forward to demonstrate that the proposed activity will not cause serious harm to the environment or to those who inhabit it” (no. 186).
This is the third reason that we support Mr. Perriello. His many position papers demonstrate an overarching, preferential concern for the poor and vulnerable.
Mr. Perriello has demonstrated leadership. He is standing with the people. We hope the people of Virginia will stand with him on Election Day – in June and November.”
Mr. Perriello has risked his political career by aligning himself with the people, with human health, and with the environment in direct defiance of the wishes of Dominion Energy. This election is an opportunity for the people of Virginia to honor not Dominion, but the best characteristics of the Old Dominion – concern for one’s neighbor, an understanding of the value and beauty of the land, and a fierce determination to maintain individual liberty.
A vote for Mr. Perriello will accomplish that. His courage is rare and a good reason alone to endorse him. He is clearly the best candidate to protect human and environmental health. Finally, he understands that our problems are symptomatic of a much more dangerous problem our nation faces – the lack of solid, authentic, courageous leaders. Well, Mr. Perriello has demonstrated leadership. He is standing with the people. We hope the people of Virginia will stand with him on Election Day – in June and November.
© The Appalachian Chronicle, 2017.
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OVEC Publishes Newspaper to Reach 29,000 West Virginians
Dangers of fracking, benefits of Clean Energy in West Virginia are covered in the 28-page newspaper, Renew West Virginia
By Michael M. Barrick
HUNTINGTON, W.Va. – One of the most established and influential environmental and social justice organizations in West Virginia is printing and distributing 29,000 copies of its own newspaper – Renew West Virginia.
The Ohio Valley Environmental Coalition (OVEC) stated in a news release, “The publication … examines the health and pollution impacts of the fracking boom in other areas of West Virginia, and details fracking-related projects proposed for the greater Huntington area. It also explores the nationwide growth of renewable energy and related jobs, with a focus on the renewable energy efforts underway in Cabell and Wayne counties.
It will be distributed to residents of Cabell, Wayne, Putnam, Jackson and Roane counties. It is being sent to those “ … who reside near some of the proposed pipelines and their associated compressors stations,” explained OVEC in the statement. It is also available online.
The proposed route for the Mountaineer XPress Pipeline as provided by Columbia Gas Transmission online.
The proposed route for the Mountaineer XPress Pipeline, as provided by Columbia Gas Transmission online.
The newspaper has been published, said OVEC in its release, to answer the question, “What is our energy future?” The question is timely, argued the organization. It noted, “A total of nine large diameter pipelines are proposed to come through the Huntington area. Unlike the Dakota Access Pipeline and the Keystone XL Pipeline, which are largely completed already, the fracked-gas pipelines proposed for the Huntington area are not yet in construction, and some are still in the planning phases.”
It continued, “Columbia’s Leach XPress pipeline is planned to bore under the Ohio River near Camden Amusement Park, and Columbia’s Mountaineer XPress pipeline is currently in the public comment phase. There is also industry discussion now about fracking the very deep Rogersville Shale which underlies the Huntington area.”
As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.” – OVEC Executive Director Natalie Thompson
There is a better way, argues OVEC in Renew West Virginia. OVEC Executive Director Natalie Thompson said, “All across the United States, a new energy for citizen action is emerging. We need to tap into that energy and work with others concerned about the severe climate impacts of these planned developments in our neighborhoods.” She continued, “As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.”
Robin Blakeman, OVEC’s project coordinator, added, “We see the problems our neighbors in north central West Virginia have faced with the rise of deep shale fracking-related activities. We’ve published Renew West Virginia because we want to make certain that people know deep shale fracking-related activities are not the same as our grandfathers’ oil and gas industry.” She added, “Renewable is doable! We can choose to move West Virginia’s economy into the 21st century by embracing cleaner renewable energy.”
Graphic from Renew West Virginia. Courtesy of OVEC.
Indeed, the impact of fracking upon the state’s northern counties, as well as residents in Pennsylvania, New York and elsewhere are revealed in the newspaper. On page 3, under the headline, “Not Your Grandfather’s Oil and Gas Industry,” a new fracking well pad dwarfs an older well. With that startling contrast catching your attention, readers are informed, “To learn what this oil and gas rush would mean for our communities, we look to our northern neighbors. Explore these pages to learn more about what our region faces, about fracking-related activities, and about cleaner, healthier alternatives.”
A number of topics are covered, including the growth of renewable energy. There is also a section on the Rogersville Shale field – 12 to 14 thousand feet under about 12 counties in West Virginia and several more in Kentucky – which is in the sights of the gas industry. The Marcellus Shale, in contrast, is about 5,000 feet below the surface. The publication asserts, “If the Rogersville Shale is extensively developed, the Huntington/Wayne County area would be harmed by unprecedented deep fracking, with much of the oil and gas apparently slated for export overseas.”
A modern well pad. Note the flaring. Dangers also include storage tanks for explosive, volatile natural gas condensate. Courtesy of OVEC.
Additionally, the publication points out that much of the gas being extracted from the West Virginia shale fields are earmarked for export, despite federal regulations designed to prevent that. It shows how a state court victory for citizens could thwart industry plans to export the gas they seek to extract. The ruling prevents gas companies from accessing private property. Hence, depending upon other factors, the ruling could severely limit construction, and hence production and, ultimately, export of the fracked gas. Consequently, the construction of pipelines and compressor stations, not to mention the many adverse impacts of fracking, could conceivably be severely restricted by West Virginians firmly standing for their rights.
In that decision from a case in Monroe County, the West Virginia Supreme Court upheld a ruling by Monroe County Judge Robert A. Irons ruling that landowners do have the right to prevent pipeline surveyors from coming on their property to survey for the proposed Mountain Valley Pipeline (MVP). This was a clear win in checking gas companies’ abuse of eminent domain. He ruled what MVP’s attempts to get on private property without permission based on the premise of eminent domain is illegal because it was “private taking for private use.” In other words, the pipeline is not for public benefit, affirmed the court, but for the profit of the energy companies building them.
Other issues explored include public health and environmental complaints in Pennsylvania; the impact upon water supplies from depletion of lakes to pollution through leaching; earthquakes occurring where none had before the fracking boom; public health impacts, ecological risks, and overall nuisances of fracking well pads; and, a review of the impact of nine proposed pipelines, many of which would run under or near the Ohio River.
Fleets of various large trucks, oversized for the two-lane highways of West Virginia, many hauling hazardous and radioactive materials, clog the northern counties of West Virginia, as well as part of other central Appalachian states. Courtesy of OVEC.
Readers are also encouraged to know and defend their rights. “Folks in West Virginia living along the paths of these proposed pipelines are advised: If pipeline land men come looking for you, know your rights! OVEC can suggest knowledgeable and trustworthy lawyers.”
The dangers of compressor stations are illustrated vividly through the photo of a child who was part of a health study in New York. As noted in the caption, residents suffered from asthma, nosebleeds, headaches, and rashes. On the same page, readers learn. “The Pennsylvania Medical Society has called for a moratorium on new shale gas drilling and hydraulic fracturing.”
A child that was part of a health study in New York about the public health dangers of fracking. Photo: Minisink, N.Y. health study.
In-depth reporting is provided on the “typical steps” for a Marcellus Shale gas operation. Numerous photos tell their own stories. Radioactivity in fracking well waste is explored. The paper notes, “In December 2016, the journal Environmental Science & Technology Letters reported on a study that found some well waste from the Marcellus Shale in Pennsylvania contained radioactive material not previously reported, with the potential for leaching from landfills into the environment.” Over two pages, Renew West Virginia thoroughly reviews the science that proves fracking creates radioactive waste. Furthermore, they note that disposal of it is barely, if at all, regulated.
The newspaper also includes news of grassroots victories against pipelines; points out that the clean energy economy employs four million people in the United States; and, provides extensive analysis of solar energy.
Informational Meeting
OVEC will distribute copies of Renew West Virginia at an informational meeting at 6 p.m. on Wed., March 15 at the Main Cabell County Library, 455 9th Street (at the corner of 5th Ave. and 9th St. in downtown Huntington).
Learn more
To contact OVEC or to learn more about Renew West Virginia, click here.
What is fracking?
Fracking is a slang word for hydraulic fracturing, the process of injecting a fluid consisting of water, sand and chemicals at high pressure into shale. This fractures the rock, releasing natural gas, which is then extracted. In West Virginia, the Marcellus shale, a layer of rock 3,500 – 8,000 feet below the surface, is the object of fracking. The vertical depth of the formation is about 150 feet. Whether recovered or left behind, the frack fluid presents problems. The wastewater contains not only the chemicals added to the water, but also heaving minerals and radioactive materials recovered as part of the extraction process.
Source of graphic: ProPublica; used with permission. Use does not imply ProPublica’s endorsement of any content of this newspaper.
© Michael M. Barrick, 2017
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FERC Independence Challenged by Nonprofits
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:
http://ohvec.org/ferc-hrg-sign-on-letter/
Citizens Encouraged to Request Public Hearings about MVP
West Virginia Department of Environment Protection needs to hear more voices
By John W. Cobb, Jr.
IRELAND, W.Va. – With 11 counties in West Virginia projected to be affected by the Mountain Valley Pipeline (MVP) route should it receive approval, voices from one end of the state to the other must be heard. The West Virginia Department of Environment Protection (WVDEP) needs to hear from citizens while there is still time. The potential impacts to water supplies (aquifers), streams, wetlands and rivers is significant; therefore citizens need to write the WVDEP to request public hearings in the affected counties.
So far, such requests are working.
Proposed Mountain Valley Pipeline route (in green). Note that it runs from near the Pennsylvania and Ohio state lines in the north to the Virginia state line in the south. Courtesy: FracCheckWV
The WVDEP Division of Water and Waste Management (DWWM) will be extending the public comment period on the State 401 Water Quality Certification for the proposed MVP project until further notice. It takes only a few minutes to send them a letter or email requesting a public hearing in your county so you can learn and get answers to your concerns.
Originally, the public comment period, which is required under state regulation 47CSR5A, would have ended next week, but because of widespread public interest in the proposed project, DWWM will be scheduling public hearings to discuss certification of the proposed project. Information about the dates and locations of those hearings will be made public as soon as plans are finalized.
The WVDEP says they will likely prioritize holding public hearings based on the counties generating the most comments. For now, those are from Greenbrier, Monroe and Summers counties. We need more folks along the MVP Route to respond now. We need to help get the word out to folks further up along the proposed route, including Wetzel, Doddridge, Harrison, Lewis, Braxton, Webster, Nicholas, and Fayette counties. Every citizen along the route needs reasonable access to public hearings. By writing the WVDEP, it will increase the chance that no citizen will be left out.
The Mountain Valley Pipeline is a $3.5 billion project, developed by EQT Corp., and it involves a 42-inch-diameter pipeline that would run 301 miles south from the Equitrans L.P. transmission system near the MarkWest Energy Mobley Complex in Wetzel County to a Transcontinental Gas Pipeline Co. compressor station in Pittsylvania County, Virginia. This project is one of multiple pipeline projects currently under review by the Federal Energy Regulatory Commission (FERC) one of the other projects is the Atlantic Coast Pipeline that will run somewhat parallel and north of the Mountain Valley Pipeline.
When issuing certification, DWWM’s 401 Certification Program may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources. In its 401 certification application, EQT anticipates that the MVP project will have temporary impacts to approximately 49,892 linear feet of streams and 18.9 acres of wetlands and permanent impacts to approximately 3,125 linear feet of streams and 10 acres of wetlands within the Mountain State.
Comments and information relating to the certification should be emailed to DEP.comments@wv.gov, with “MVP 401 Certification” in the subject line or mailed to:
West Virginia Department of Environmental Protection, Division of Water and Waste Management
401 Certification Program
601 57th Street SE
Charleston, WV 25304
Responding now with a request for a public hearing in your county will give you and your neighbors a chance to express your concerns to the West Virginia’s Department of Environmental Protection.
(C) John W. Cobb, Jr., 2016. Mr. Cobb writes from his home in Ireland, W.Va.
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Note: The original version of this article listed 12 counties. The correct number is 11. We regret the error.
Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations
Dominion Pipeline Monitoring Coalition petitioned state official to make public information about pipeline regulatory reviews
MONTEREY, Va. – On May 5, 2016, the Dominion Pipeline Monitoring Coalition (DPMC) sent a Petition for Writ of Mandamus and Injunctive Relief to Angela Navarro, Virginia Deputy Secretary of Natural Resources, and David Paylor, Director of the Virginia Department of Environmental Quality (DEQ) to compel the state to provide information about regulatory reviews of the Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP) proposals. The Petition, prepared for filing in the Virginia Circuit Court in Richmond, describes how state officials have violated duties under Virginia’s Freedom of Information Act (FOIA).
The next day, Friday, May 6th, Deputy Secretary Navarro and Director Paylor responded through their counsel, Assistant Attorney General, David Grandis, indicating that they will provide the requested documents early this week.
Pristine streams such as Mill Creek, in Randolph County, W.Va., would be significantly impacted by construction of the Atlantic Coast Pipeline. Photo by Michael M. Barrick.
Before the state indicated it would provide the documents, Rick Webb, DPMC Coordinator, said, “We are disappointed that Virginia’s environmental officials have failed to live up to a law designed to give Virginian’s open access to their own government. Nearly three weeks ago, we asked for public records that would help us and other citizens understand what the State intends to do to protect citizens and the environment from damages the pipelines could cause.” He continued, “Officials are supposed to respond to such information requests within five business days but we received no reply for nearly three weeks. Finally yesterday (May 4) they acknowledged they’d received our letter but did not offer to provide the information we’ve requested.”
The Virginia DEQ has a duty, under the federal Clean Water Act and Virginia Water Protection laws, to review the gas pipeline proposals and ensure that no project goes forward unless all water quality standards will be met, argued Webb. However, as DPMC’s April 14 letter recounts, Virginia DEQ seems to be willing to cover both ACP and MVP under “general permits,” essentially rubber stamping the projects under blanket approvals issued in 2012 and intended only for small projects that pose little risk to waters, Webb argued. DPMC sought public records through the April request to clarify the state’s positions and to question whether the DEQ is able to justify its approach.
The Petition can be accessed here. The FOIA request was included in an April 14th letter, which can be accessed here. The letter objected to the state’s apparent intention to certify the ACP and MVP under general permits issued in 2012. The FOIA request sought information related to the following questions concerning both the ACP and MVP:
1) Has DEQ deemed the Joint Application and/or other information submitted for the projects to be complete and accurate such that DEQ is able to make a formal finding as to the projects’ eligibility for coverage under Virginia’s blanket 401 water quality certification?
2) Has the Corps of Engineers indicated to DEQ that the projects meet the Corps’ requirements for coverage under the general Nationwide Permit 12?
3) Has DEQ made a tentative or final finding that the projects comply with the conditions of the blanket 401 certification for Nationwide Permit 12?
4) Has DEQ requested and/or received additional information from the applicants, in addition to that contained in the Joint Applications, to reveal proposed construction and detailed pollution control methods and analyze possible water quality impacts?
Meathouse Fork in Doddridge County, W.Va. with heavy sediment resulting from pipeline construction in the summer of 2015. This would be the fate of thousands of miles of watershed should the ACP be built. Photo by Michael M. Barrick.
According to DPMC, this is the second time this year that Virginia officials have violated the Freedom of Information Act after DPMC requested records on the gas pipelines. In an earlier case, Carlos Hopkins, Counsel to Governor McAuliffe, failed to provide records within the required period. On March 4, 2016, David Sligh of DPMC wrote Hopkins: “I believe the Governor’s Office is now in violation of the time requirement for response to FOIA requests, under 37 § 2.2-3704. You informed me that the check sent on behalf of DPMC was received at your office on February 15 or 16. Therefore, the records or an appropriate response should have been sent no later than Feb. 23.” Less than two hours after receiving Sligh’s note, Mr. Hopkins provided the documents but failed to explain the failure to abide by the law.
“This legal action is about much more than an arbitrary deadline or a technicality,” Rick Webb stated: “It’s about the McAuliffe administration’s respect for the rights of citizens trying to play their proper roles and protect their communities and natural resources. The law says a failure to properly respond to a FOIA request is the same as refusing the request outright. We won’t accept a refusal of our rights.”
A screen shot from the DPMC”s new interactive web mapping system. This is of blast radius and evacuation zones for the proposed Atlantic Coast Pipeline. Courtesy DPMC.
New Layers Added to DPMC ACP map, including blast radius and evacuation zones
According to DPMC, additional map layers have been added to the ACP-Environmental Mapping System. Features include:
1) Estimated blast radius and evacuation zone for the proposed ACP.
2) Updated ACP construction corridor and access roads for the 10/30/15 and 4/15/16 submissions to FERC.
3) Direct and core forest loss associated with the proposed ACP construction corridor and access roads.
4) Virginia property parcels.
5) Stream crossings. (Information on crossing methods and environmental factors will be added).
The current version of the ACP-Environmental Mapping system can be accessed via the DPMC website, www.pipelineupdate.org. The link is in the right-hand sidebar.
© Appalachian Chronicle, 2016.
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Lewis County Resident Issues a Plea: Wake up West Virginia
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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Ecological Monitoring Group Challenges Virginia Governor to be Transparent about Pipeline Deliberations
Virginia-based Dominion Pipeline Monitoring Coalition request documents that relate to directives from Governor Terry McAuliffe to state employees about the Atlantic Coast and Mountain Valley Pipelines
RICHMOND, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) has filed a request with Governor Terry McAuliffe for documents that relate to the Atlantic Coast and Mountain Valley Pipelines. The request, filed under Virginia’s Freedom of Information Act (FOIA), asks for all pipeline-related documents in the governor’s office that have been sent between Virginia state agencies and the governor’s office and any sent between companies associated with the two pipeline proposals and the governor.
The Roanoke Times recently reported that Governor McAuliffe “…wants state agencies to brief his office before department employees comment publicly about two deeply controversial interstate natural gas pipeline projects that have received the governor’s blessing.”
According to Rick Webb, Coordinator of the DPMC, “That (newspaper) report sparked citizen concerns that essential findings and opinions from scientific and regulatory experts in Virginia government may not reach the public or may be changed before release. The fact that the governor joined Dominion Power officials to tout the Atlantic Coast Pipeline before any state environmental or safety reviews could be begun, let alone be completed, heightened these citizen concerns.”
David Sligh, a Senior Regulatory Systems Investigator with DPMC, who filed the request with Governor McAuliffe, wrote “[w]e and the many thousands of individuals, along with numerous organizations and local government bodies who have serious concerns about the ways these pipelines would affect communities and the environment depend on you to protect our interests but also accept the responsibility to be vigilant and involved actors in public decisional processes. We know that you support our rights to do so and trust you will act to allow us to exercise those rights.”
The Virginia General Assembly, in enacting the FOIA, wrote that “[t]he affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government” and they stated a goal “to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government.”
Webb said, “If provided the information requested, DPMC will use it to play our proper role in our government and will make it available to our fellow Virginians. We ask now that the governor work with us to ‘promote an increased awareness’ in the state’s activities related to the Atlantic Coast Pipeline and the Mountain Valley Pipeline.”
He continued, “We ask the governor to provide access to all of the requested information, and to live up to commitments he made before taking office. As Governor-elect, Mr. McAuliffe pledged to set a new standard of ‘transparent, accountable, state government that is beholden only to the taxpayers who fund it… .’ Virginians should never have to question who their leaders are putting first.”
