In a Letter to the Editor of the Nelson County Times, published February 14, 2018, Marilyn Shifflett points out the many ways in which Dominion had failed to do their homework when they came to the Board of Zoning appeals on February 5 with applications for variances to cross more than four miles of Nelson floodplains. She says, “I commend the diligence of the BZA and the Department Planning & Zoning staff. I am most grateful for their attention to detail. However, I find myself left with more questions than answers regarding the ACP’s quoted responses” in the press coverage of the hearing.
- “The pipeline route through Nelson is roughly 90 percent sloped terrain, which means the bulk of the remainder is through these sites. Nelson’s route has more floodplains than any community on the entire 600-mile route. After nearly four years, this was their “preferred route” in a community with a long history of frequent flooding?”
- Variance requests were submitted after the Nelson County Board of Supervisors passed a new floodplain ordinance. Apparently the ACP didn’t realize their requests would be considered under that ordinance.
- Variance requests on seven properties were dismissed because the ACP had not obtained easement agreements for those properties and, under Virginia law, the lack of easement agreements constitutes the “lack of standing” required for variance applications. Dominion surveyed the properties (uner court order in February 2017 and floodplains were clearly delineated in the sruveys. Yet Dominion apparently didn’t know they needed an “interest” in the properties to apply for variances.
- “The ACP’s request for deferral on all 11 sites expresses an interest in further hydrologic and hydraulic analyses indicating that they now suddenly view these areas as “high consequence.” One of the most frequent causes of pipeline ruptures is earth movement on slopes and along stream crossings, particularly during periods of heavy rains. Given Dominion’s public statements regarding thorough environmental reviews and their commitment to the safety of impacted communities, I am left wondering why these sites were not given attention a year ago during survey, and why did the ACP’s October request for variances not include such analyses and engineering plans specific to these sites?”
Did Dominion think they could just walk in and get the variances, regardless of what the ordinance says, regardless of their standing on the properties, regardless of their lack of analysis and plans for the properties? Probably they did. Leaves us to wonder about the extent of other homework undone. Think about all those applications – to FERC, to DEQ, to the Forest Service – where Dominion has said, “Information on this will be provided later. But we want you to approve this now.”
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.
Floodplains – what they are, how they help us, what our floodplain ordinances say, Dominion’s requests for variances to allow permanent changes to them by building through them, the role of the Nelson County Board of Zoning Appeals in upholding our ordinances – all this and more on our new Floodplain Ordinance Information page. It is a central place to find all the past and future floodplain news, issues, explanations and links. There’s a link from the sidebar on the right, or you can find a link on the dropdown menu under the Info & Resources tab above.
At its evening meeting on February 5, 2018, the Nelson County Board of Zoning Appeals dismissed seven of Dominion’s eleven requests for variance to Nelson’s floodplain ordinance for lack of standing, and granted deferrals for a hearing on the remaining four. “Lack of standing” means that Dominion requested variances on properties it does not own or for which it has no legal right or easements; Virginia law does not permit such requests.
Dominion had requested deferment of the public hearing on all 11 properties through which they propose to route the ACP. The BZA voted unanimously for both the seven dismissals and the four deferments.
Read Dominion’s January 31, 2018, request to defer the public hearing to a later date. (Note that the letter is addressed to Nelson County’s former Director of Planning, who left the position in spring 2017, not to Sandy Shackelford, the county’s Director of Planning for the past eight months. But we all know that Dominion documents are error-prone.)
There will be no public hearing on February 12, 2018, and at this time no future hearing has been scheduled.
Also at the February 5 meeting, Draper Aden, the engineering firm hired several weeks ago by the BZA to advise them on floodplain matters, admitted it had a conflict of interest after working with Dominion in the past. At Draper Aden’s suggestion, the BZA retained Maryland-based engineering, consultation, and construction firm KCI Technologies for further engineering and technical review of the variance applications.
Floodplains are unsung heroes in our communities. They are important systems that we need to help our landscapes deal with water, organic matter, filtration, and erosion control. The ACP is asking the Nelson County Board of Zoning Appeals for variances so they can put their 42″ pipeline through our floodplains.
What does #4 on the graphic say?
“When we develop in floodplains we reduce the floodplain’s storage capacity, causing the next flood of equal intensity to crest even higher than the last.”
For further information on the purposes and values of floodplains, see these information sheets from Nature Conservancy and Pennsylvania.
As reported in the Nelson County Times, the Nelson County Board of Zoning Appeals will meet in open session tomorrow evening, February 5, 2018. (See article below.) This meeting is open to the public and those interested in the upcoming Public Hearing currently scheduled for February 12th may wish to attend.
Friends of Nelson will also hold a Floodplain Variance information session on Monday February 5th at the Rockfish Valley Community Center. Feel free to drop by any time between 6pm and 8:30pm. We will have floodplain maps and information for review.
The Nelson Board of Zoning Appeals (BZA) February 12, 2018, public hearing on ACP requests for variances to the Flood Plain Ordinance (FPO) will probably be postponed. Stay tuned for a decision on rescheduling.