ABRA Questions Virginia DEQ About Absence of Access Road Scrutiny

From the Allegheney-Blue Ridge Alliance’s ABRA Update #226 for April 18, 2019

ABRA has asked the Virginia Department of Environmental Quality (DEQ) why it has proclaimed that its review of the Atlantic Coast Pipeline (ACP) covered “every foot” of the project, when recently discovered evidence contradicts that. In an April 19 letter to DEQ Director David Paylor, ABRA Executive Director Lewis Freeman called attention to a recent controversy concerning a proposed 5-mile ACP access road in Bath County (see related Recorder newspaper articles in News You May have Missed, below). Freeman’s letter noted that DEQ staff had recently told ABRA that the agency “was not aware of the proposed road because it had not been submitted to your agency as part of the plans submitted by the Atlantic Coast Pipeline, LLC (ACP, LLC). However, the road in question was part of the plans submitted to the Federal Energy Regulatory Commission and approved as part of the certificate issued for the ACP.” Continuing, Freeman’s letter states:

DEQ informed the State Water Control Board during its consideration of approving a 401 certificate for the ACP that it had reviewed “every foot of land disturbance proposed by ACP related to pipeline construction” (see page 8 in DEQ’s 10/19/18 report to the Water Board). Why was this statement made to the Water Board when it was not true? Can you provide clarification?

The access road in question crosses an environmental easement held by the Virginia Outdoor Foundation (VOF) and was proposed by ACP, LLC and approved by the Federal Energy Regulatory Commission without consultation with VOF. VOF wrote FERC on April 9 taking strong exception to the situation.