Category Archives: Construction and Storage Yards

Rainy Days, High Water

Watch Richard Averitt’s quick video, made on Sunday, February 11, 2018, to document the very regular but significant rainfall over the weekend and how the proposed location of the ACP staging areas and pipe across Spruce Creek is destined to fail and wreck this pristine stream. This same thing is playing out across thousands of streams in Virginia.

Unprepared: Judge Faults MVP, Highland Planning Comm. Faults ACP


The February 1, 2018, Roanoke Times reports, “With just a few hours remaining until Thursday, the day that Mountain Valley Pipeline had hoped to start work on a natural gas pipeline through Southwest Virginia, a judge put a pause to those plans. The decision by U.S. District Court Judge Elizabeth Dillon came during a proceeding in which Mountain Valley had sued nearly 300 property owners who refused to surrender their land for the controversial project. Although the laws of eminent domain give Mountain Valley the power to obtain forced easements for its buried pipeline, Dillon ruled, she rejected the company’s request for immediate access to the parcels. Facing a tight deadline to have trees felled along the pipeline’s route by March 31 to meet federal wildlife protections, Mountain Valley executed what’s called a quick-take condemnation. That process might have allowed the company to start work by Thursday on the disputed properties. But first, Mountain Valley was required to demonstrate it could pay the property owners just compensation for the easements — at prices to be determined at trials later, likely well after construction had begun. Such a demonstration would have included paying a bond or deposit with the court. At a hearing earlier this month, Mountain Valley presented appraisals for just nine of the nearly 300 properties, which Dillon said was insufficient information on which to base an appropriate bond amount. ‘Until MVP can provide a more fulsome basis on which the court can assure that just compensation will be paid, the court cannot allow immediate possession at this time to nearly all of the properties,’ Dillon wrote in a 52-page decision released shortly before 6 p.m. Wednesday.”

Read Judge Dillon’s Opinion here and her Order here.

As reported by the February 1, 2018, Highlander, the Highland County Planning Commission at their January 25, 2018, meeting based their decisions on the many mistakes and unanswered questions in Dominion’s presentation requesting local permits for lay-down yards and crossing easements. This is the first time county planners have been given an opportunity to see what Dominion proposes – including heavy truck traffic for 10 hour/day on 6 and perhaps 7 days a week over steep, narrow, and winding roads, giant equipment traveling more than 10 miles on those roads, permanent access roads on steep mountain slope (with more mileage than the pipeline itself), unsecured construction yards, lack of reliable water sources for dust control, lack of a traffic study requested by Virginia’s Dept. of Transportation. “It was no surprise to anyone, except county staff, that the applications submitted were full of holes and mistakes. Landowners all along the pipeline’s proposed path in three states have found hundreds of errors made by the company over the last few years, from egregious omissions to simple math mistakes.”

“Citing numerous errors and inadequacies, the Highland County Planning Commission on Jan. 25 voted to set one public hearing, but tabled two other land-use applications for Dominion to establish proposed Atlantic Coast Pipeline construction lay-down material storage yards.”

ACP Construction Yard in Augusta County

At their January 4, 2018, meeting the Augusta County Board of Zoning Appeals considered Dominion’s application for the required permit to use a 34 acre site in Churchville, currently zoned as agricultural, for two years as a storage yard for ACP construction materials, equipment, fuel and worker trailers. At least 400 workers would be coming and going from the site each day, 6 days a week, and large trucks and equipment would be traveling between the site and the proposed pipeline construction site 10-20 miles away. The property in question is on winding Rt. 42, designated as a Scenic Highway.

About Special Use Permits, the Augusta County General Code says, “No Special Use Permit shall be issued without consideration that, in addition to conformity with any standards set forth in this chapter for Special Use Permit uses, the following general standards will be met either by the proposal made in the application or by the proposal as modified or amended and made part of the Special Use Permit:

  • 1. Conformity with Comprehensive Plan and policies. The proposal as submitted or as modified shall conform to the Comprehensive Plan of the county or to specific elements of such plan, and to official policies adopted in relation thereto, including the purposes of this chapter.
  • 2. Impact on neighborhood. The proposal as submitted or as modified shall not have undue adverse impact on the surrounding neighborhood.”

The Augusta County Comprehensive Plan states, “Agriculture will continue to be the predominant land use in the county and a major part of the economy. The county’s scenic beauty and natural environment will be preserved, with farms, forests, mountains, rivers and streams providing the framework and context for development in the urban areas, and continuing to define the landscape in the rural areas.”

More than 250 people turned out at the BZA meeting to speak against the application, including Ryan Blosser, whose adjacent 4-acre organic farm is downhill, downwind, and downstream from the proposed yard, meaning it no longer would be possible for him to maintain his organic status and the organic CSAs which are his family’s livelihood. When the BZA members asked Dominion if they had discussed their plans with the Blossers, the answer (not surprisingly) was “No.” When they were asked if they were planning on compensating the Blossers for the hardship they were imposing upon them, the answer (again not surprisingly) was “No.” Dominion representatives initially stated at the meeting that they have “no responsibility” to their neighbors. The BZA tabled any decision on the matter and will consider it again at their next regular meeting on February 1 at 1:30.

Read the News Virginian coverage of the meeting here, and read Ryan Blosser’s impassioned letter to the editor here. A Facebook page, Augusta County Standoff, is following the issue. A petition page asks the Augusta Board of Zoning Appeals to turn down the application. You may send email opposing the application to Sandra Bunch (Secretary), sbunch@co.augusta.va.us.

The YouTube video below is a 20-second time lapse of a Rover Pipeline construction yard over a three year period, 2014-2017.