Category Archives: Construction

Just Compensation from ACP for Wintergreen Property Owners


As a Wintergreen property owner, you may be entitled by law to receive “just compensation” for any decrease in your Wintergreen property value caused by Dominion’s Atlantic Coast Pipeline (ACP).

Dominion plans to take a 4+ acre easement from the Wintergreen common area near the front gate to construct a 42-inch wide natural gas pipeline. With FERC approval, Dominion can condemn the property for the ACP project.

Dominion will use more than 4 acres of Wintergreen common area and other private property rights to drill a 4,000-foot tunnel under the mountain that supports the Blue Ridge Parkway. The drilling operation will be performed 24/7 for up to 18 months on Wintergreen common area property immediately in front of the Mountain Resort’s only entrance and exit. Construction will require the removal of thousands of trees and will further require importing 6 million gallons of water from the James River for drilling. From the drilling site in front of the Wintergreen gatehouse, the pipeline would continue up Piney Mountain, also Wintergreen property, cross through Fortune’s Point next to Fortune’s Ridge, then continue east to Nellysford and beyond. Dominion plans to utilize Wintergreen roads for access and construction purposes.

By taking Wintergreen common area owned by the Wintergreen Property Owners Association (WPOA), the ACP will take and damage each owner’s easement of use and enjoyment in those same common areas during and after construction, caused by construction and operation of a natural gas pipeline, reduction in WPOA and resort services, marketplace stigma for safety concerns and other reasons that cause a loss in property values. This issue applies to all WPOA members. Each member is entitled to “damages,” which are calculated individually as the unique decrease in value to each owner’s property rights affected by the pipeline project. Local realtors have already seen a drop of 10 percent or more in Wintergreen property values since the pipeline was announced. What does this decline mean for your property? Will it get worse?

If you are a Wintergreen property owner, more information is here.
http://www.friendsofwintergreen.com/lawsuit/

New Map: The ACP in Nelson County


Friends of Nelson’s Ben Cunningham has produced an interactive map showing the ACP route through Nelson County. See the map here (21MB so it may take a few moments to load). The 125 foot clear cut ACP right of way is shown in orange, the 1100 blast radius zone in light orange, and the access roads in red. You can zoom in by clicking control-+. Where is your property on the map?

Letter to DEQ Urges Careful Review of Pipeline Company Practices

Friends of Nelson Board member Marilyn Shifflett has written a thoroughly researched letter to David Paylor, Director of the Virginia Department of Environmental Quality (DEQ), urging DEQ to carefully consider the long-term consequences of pipeline construction and citing abundant evidence of the extensive damage done by companies during construction and their unwillingness to address permanent damage after construction completion.

In her letter, dated July 14, 2017, she writes, “Patterns concerning construction of these projects have emerged that are alarming, to say the least. Included in this letter, are “situations” and violations during pipeline construction that are seen all too often. While the FERC has intervened in a small number of cases; in the majority of these situations, both the FERC and the Army Corps of Engineers in charge of issuing the nationwide permits for wetland and stream crossings have not reacted at all. The VA DEQ is inarguably now reviewing the greatest environmental challenge ever faced in our State from these two proposed mammoth pipelines. Thousands of acres of protective forested land will be stripped, and nearly two thousand streams will be crossed with countless wetland areas impacted. While the task is monumental, it’s vital that the VA DEQ consider the overall behavior of the natural gas industry and ongoing pipeline construction. The following information and related links serve as testament to this industry’s activities after lengthy reviews and permits are issued, and validates the concerns expressed by residents all along the routes of the ACP & MVP. The highly sensitive environmental areas coupled with the steeps slopes of these particular routes exacerbate the issues Virginians will likely be left to deal with if either or both of these pipelines are ever constructed.”

Shifflett goes on to summarize the extensive environmental, regulatory, and compressor station violations by a number of pipeline companies, including Dominion. She points out that “These pipeline companies routinely allow the violations to stack up, simply pay the fines, and consider them part of the cost of doing business. There is no clear intent on their part to honor agreements made to institute ‘best practices.’ The regulatory process often doesn’t react quickly enough to forestall damages, and the violation notice process is complicated and lengthy, allowing these companies to complete projects before damages can be further avoided. Is the VA DEQ prepared to monitor construction of both the ACP and the MVP simultaneously? Is the VA DEQ willing to shut down construction on the entire route through VA when the first violation occurs?”

She cites some specific examples of Dominion violations:

  • Dominon G-150 8″ pipeline in WV: These violations are a stark example of Dominion’s lack of commitment to best practices for a pipeline less than one fifth the diameter of the proposed Atlantic Coast Pipeline; a small pipeline constructed on the steep slopes of West Virginia without many of the complications expected from the much larger ACP.
  • Dominion Transmission, Multiple Sites, PA & WV: Records from the Pipeline Hazardous Materials and Safety Administration cite Dominion for multiple safety and regulatory regulations.
  • Dominion Transmission, Fink Kennedy Storage, West Virginia: Again, Dominion is cited for multiple violations at this site from Sept., 2009 through June, 2010. Dominion has a pattern of lengthy response times to violations at their facilities and seems rarely to take corrective actions until violations and orders are issued. These are not the actions of a company committed to safe operation and concern for residents living nearby.

Shifflett concludes, “The preceding lengthy information is offered as a record of the behavior of the natural gas industry and stands as a testament to concerns expressed by Virginia residents along the routes of these pipelines…. The routes of the ACP and the MVP were chosen for cost savings related to easement purchases and relaxed regulation in sparsely populated areas. The VA DEQ is obligated to look beyond costs to these companies; judging these routes based solely on environmental realities. The majority of the ACP/MVP routes are through terrain unsuitable for a 42” high pressure pipeline and the damage will be irreparable. The deforestation of thousands of acres for right-of-ways, access roads, and temporary work spaces will leave a lasting impact on the Chesapeake Bay and the decades of efforts to clean up this precious Virginia resource. And certainly, the VA DEQ will realize after examining applications from these companies, that they have little to offer in the way of detailed slope analyses, and stream crossing plans that will avoid permanent damage to environmentally sensitive areas. Given the predictable actions of the natural gas industry, approval of the ACP or the MVP will surely lead to additional companies following suit and Virginia will be facing additional damage. With a 14% guaranteed return from FERC approval, Dominion and EQT will not be the only companies looking to profit off the backs of Virginia citizens. Virginia residents have taken the time to thoroughly review these projects and ask that the Virginia Department of Environmental Quality do the same. Please reconsider allotted comment periods, and schedule public meeting only after all reports are available for review by residents.”

Read the full text of Shifflett’s letter here. The letter also appeared in full in The Recorder for July 20. 2017.

New WPOA Covenant


At their meeting on July 4, 2017, members of Wintergreen Property Owners Association voted overwhelmingly for a new covenant prohibiting construction of “any lines, facilities, structures, or other appurtenances related to the transmission of utilities” if they do not provide services to the Association or its members.

Drilling Mud Is Apparently Difficult to Control

Sunoco is currently building the Mariner East 2 pipeline through Chester County PA. On July 7, 2017, NPR reported that “Around a dozen Chester County households experienced cloudy water or loss of supply from their private wells this week, forcing some families from their homes near a location where Sunoco Pipeline is conducting horizontal directional drilling about 150 feet below ground for the construction of its Mariner East 2 pipeline.” Some families are now staying at local hotels.

The NPR report continues, “Sunoco spokesman Jeff Shields said the company is investigating the cause of the water problems in West Whiteland Township, which were first reported to the Township on Monday. The company is now a subsidiary of Energy Transfer Partners. The company has tested 11 private water wells, and was due to test another nine on Friday to determine whether its horizontal directional drilling (HDD) caused the water problems, Shields said. Although test results had not been given to West Whiteland Township officials by late morning, Shields indicated that HDD was the cause.”

Note that EDP is the company that spilled more than 2 million gallons of drilling fluid in Ohio, causing FERC to curtail work on the Rover pipeline in northern Ohio (see our story on May 11, 2017).

Later in the day on July 7, the Philadelphia Inquirer posted an update, Water-contamination complaints force Sunoco to suspend Chesco pipeline construction. “Sunoco Pipeline LP has suspended installation of its contentious Mariner East 2 underground pipeline near Exton after about a dozen Chester County households complained that the water from their private wells was interrupted or had become cloudy…. ‘Drilling has been suspended as we await test results, which will help determine whether the well problems are related to drilling and, if so, help us resolve the issues,’ Shields said…. Local officials suspect that nontoxic bentonite clay used as a lubricant during the horizontal-drilling process may have migrated into private wells. Bentonite drilling mud is the same material used in cat litter.”

Horizontal directional drilling, using the same bentonite drilling mud, is the process Dominion proposes for drilling under the Blue Ridge at Reed’s Gap.

End of the Line: Episode 2, “Home”


End of the Line podcasts cover conflicts over pipeline construction in Virginia and other mid-Atlantic states.  In Episode 2: “Home,” the  we hear stories from Bent Mountain residents resisting surveyor trespass against the Mountain Valley Pipeline. And from Nelson County, neighbors uniting in the face of controversial routes over the Atlantic Coast Pipeline.

Here’s Episode 1: “Done Deal?” in case you missed it.