Category Archives: Construction

Public Hearing on ACP Request to Cross Floodplains

A Public Hearing will be held at 7 pm Monday December 3, 2018, in the auditorium at Nelson County High/Middle School (6919 Thomas Nelson Hwy, Lovingston) to review four of the deferred floodplain variance applications submitted by the Atlantic Coast Pipeline in early 2018.  On January 31, 2018, ACP requested the deferrals until such time as they could provide the additional information requested by Nelson County on behalf of the BZA for these four applications to cross designated floodplains.

The Board of Zoning Appeals Web page has details about the ACP application as well as links to written comments on the requests submitted to the BZA. (Scroll down past the comments section to get to the links for the ACP application.)

Those wishing to speak at the hearing will be required to sign in before the meeting. Nelson County has guidelines for speakers at hearings; note that speakers representing a group will have 5 minutes, individual speakers will have 3 minutes (and may not allocate their time to another individual).

The hearing will address these four variance requests:

Variance # 2018-007

Consideration of a request from Atlantic Coast Pipeline LLC for a Variance to construct a pipeline across a floodplain in conformance with Article 10 of the Nelson County Zoning Code for construction of a natural gas pipeline across property owned by Ronald Slaughter Jr. & Others, 14815 Thomas Nelson Hwy, Lovingston, Virginia and further identified as Tax Map #45-A-25.

Variance # 2018-008

Consideration of a request from Atlantic Coast Pipeline LLC for a Variance to construct a pipeline across a floodplain in conformance with Article 10 of the Nelson County Zoning Code for construction of a natural gas pipeline across the following properties:

  • 1434 Starvale Ln, Shipman, VA – owned by Gillis Rodgers, and further identified as Tax Map #46-A-34.

  • Tax Map #46-A-12 – owned by Equity Trust Company

Variance # 2018-009

Consideration of a request from Atlantic Coast Pipeline LLC for a Variance to construct a pipeline across a floodplain in conformance with Article 10 of the Nelson County Zoning Code for construction of a natural gas pipeline across property owned by James & Virginia Powell, 884 Wheelers Cove Rd, Shipman, Virginia and further identified as Tax Map #59-A-23.

Variance # 2018-010

Consideration of a request from Atlantic Coast Pipeline LLC for a Variance to construct a pipeline across a floodplain in conformance with Article 10 of the Nelson County Zoning Code for construction of a natural gas pipeline across properties owned by Greenway S Corporation, Tax Maps #60-3-15, 60-3-16, and 60-A-28.

See a map of the FEMA floodplains on the ACP route. The blue dots on the map (look for them along the orange line that is the pipeline route) are the water crossings. The A (red), AE (yellow), and X (green) areas on the map are FEMA designated Floodplain Areas. A & AE are the most dangerous part of Floodplains, called Special Flood Hazard Areas (SFHA), and any permanent structures are prohibited there, with or without Higher Standards.

Army Corps of Engineers Suspends ACP Permit

Appalachian Mountain Advocates announcement, November 20, 2018:

Following requests from Appalachian Mountain Advocates (Appalmad) attorneys, the Norfolk, Huntington, and Pittsburgh districts of the Army Corps of Engineers have each suspended its authorization of the Atlantic Coast Pipeline. As a result, ACP lacks authorization to do any instream or wetland construction anywhere along its route.

Appalmad has argued this action was necessary in light of a recent federal court ruling that the Atlantic Coast Pipeline’s reliance on Nationwide Permit (NWP) 12 was improper. The NWP was issued by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. It allowed contractors to trench through the bottom of streams and rivers. The Corps’ decision has had the effect of forcing the ACP to temporarily suspend water crossings along the entire project until it can obtain a satisfactory permit.

Appalachian Mountain Advocates represents the Sierra Cub, West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Appalachian Voices, and Chesapeake Climate Action Network in this action.

See the Richmond Times-Dispatch news story on the suspension.

ABRA-CSI Seeks Help with Aerial Photo Review

Pipeline construction at Grassy Run in Upshur County, West Virginia. An example of the kind of photos that photo reviewers would be examining.

A request from Allegheny-Blue Ridge Alliance (ABRA):

ABRA’s Pipeline Compliance Surveillance (CSI) program is seeking assistance from knowledgeable individuals who can participate as CSI Aerial Photo Reviewers. Although we especially seek the help of professionals with erosion and sediment control, stormwater management, and other water-resource backgrounds, the involvement of others is welcomed and encouraged. Aerial Photo Reviewers will perform the important task of reviewing aerial imagery and other information related to Atlantic Coast Pipeline construction in order to evaluate both compliance with regulatory requirements and the effectiveness of runoff control measures.

The Pipeline Air Force is currently obtaining hundreds of aerial photos of the 200-mile western mountainous section of the ACP construction route every one-to-two weeks. The photos, along with approved project construction plans and information concerning environmental requirements, can be accessed using the online CSI Mapping System and through the CSI website. Aerial Photo Reviewers will be able to work from any location with access to the internet. See the CSI Aerial Photo Reviewer Guidebook for an overview.

If you are interested in becoming a reviewer, please click here.

4th Circuit Court Stays ACP Permit in WV

On Wednesday November 7, 2018, the 4th U.S. Circuit Court of Appeals ordered a temporary halt to the water-crossing permit allowing the Atlantic Coast Pipeline to build through streams and rivers in West Virginia. Although the Army Corps of Engineers had issued a “Nationwide Permit 12,” the West Virginia Department of Environmental Protection inserted two stipulations, requiring that stream crossings must be completed in 72 hours, and that structures authorized by the permit could not impede fish from swimming upstream or downstream. ACP then changed its construction method for crossing the Greenbrier River to a method environmental lawyers say violates the WV DEP conditions.

The Corps reinstated their permit in October, and last week Appalachian Mountain Advocates, on behalf of the Sierra Cub, West Virginia Rivers Coalition, West Virginia Highlands Conservancy, Appalachian Voices, and Chesapeake Climate Action Network, asked the 4th Circuit Court for a stay to pause the construction. The Court issued the two-page order from Chief Judge Roger Gregory, with the concurrence of Judge James Wynn and Judge Stephanie Thacker.

Read the Court’s order here.

Charleston Gazette-Mail press coverage is here.

Dominion Announces Yet Another ACP Price Rise

In a November 1, 2018, article in Yahoo Finance, Dominion’s Tom Farrell announced yet another cost increase for the Atlantic Coast Pipeline from a range of $6.0 to $6.5 billion to a range of $6.5 to $7.0 billion, excluding financing costs. “Atlantic Coast Pipeline is pursuing a phased in-service approach with its customers, whereby we maintain a late 2019 in-service for key segments of the project to meet peak winter demand in critically constrained regions served by the project. ACP will be pursuing a mid-2020 in-service date for the remaining segments of the project. Abnormal weather and/or work delays (including delays due to judicial or regulatory action) may result in cost or schedule modifications in the future.”

The original cost projection for the ACP was $4.5 billion and the original expected in-service date was the end of 2018. Numerous independent studies (here, here, and here, for example) have shown that, despite what Dominion says, there are no “critically constrained regions” needing the gas.

MVP Loses Key Water Crossing Permit

On October 19, 2018, the Pittsburgh District of the Army Corps of Engineers suspended a third permit that the Mountain Valley Pipeline (MVP) must have to build through waterways in Wetzel and Harrison Counties in West Virginia.

This is the third invalidation or suspension of MVP’s water crossing permits. On October 2, a federal appeals court vacated a similar permit for the rest of the West Virginia route, and the approval covering the more than 500 crossings on the Virginia portion of the route has also been suspended. Although MVP now has no authority to build through any waterbodies, streams, or wetlands on its entire 303 mile route, intensive construction continues in places between streams.

Opponents are calling on FERC to issue a stop work order, since FERC’s order approving the project requires that all permits be in place for construction to take place anywhere along its 303-mile route, and the necessary permits are clearly no longer in place.

Read the Roanoke Times report here.

Read the Appalachian Mountain Advocates release here.