Category Archives: Pipeline Route

Action Alert: Appalachian Trail


Wild Virginia has issued the following action alert on Dominion’s efforts to build the proposed Atlantic Coast Pipeline across the Appalachian Trail. Friends of Nelson urges our readers to contact their Senators and Representatives.

Alert:

The proposed route for Dominion’s 600-mile Atlantic Coast Pipeline has been a mess from the beginning. It carves through family farms, steep mountain ridges, and public water supplies, and it is slated to cross the Appalachian Trail on U.S. Forest Service land, a move that federal judges say is not legal. Rather than reconsider their poorly-planned project, Dominion is asking the U.S. Congress to change laws to make way for its unneeded gas pipeline.

We are calling on you to contact your senators and representative in Congress today and ask them to oppose legislation that makes way for the Atlantic Coast Pipeline.  (Don’t know your senators or representative? Find out here.)

Background:
Dominion is in trouble. It’s been five years since the company announced that it would build a high-pressure gas pipeline from West Virginia, across the Allegheny and Blue Ridge Mountains of Virginia, into North Carolina. Today, the proposed Atlantic Coast Pipeline is broadly unpopular, 50 percent over budget (now a shocking $7.5+ billion), and two years behind schedule.

In December 2018, a federal court in Richmond said that Dominion’s plan to cross the Appalachian Trail was not legal, and it overturned the U.S. Forest Service’s approval of the crossing.  Dominion has already tried to sneak a bill through Congress to change the law and allow our precious federal resources to be harmed. The company won’t stop in its efforts to get senators and representatives to change the law and undo the court’s ruling.

We will oppose Dominion’s efforts and call on you to do the same – NOW!

The Appalachian Trail crossing is one of seven permits that federal courts have overturned or put on hold, all because of Dominion’s careless route selection and rushed permitting. And it’s increasingly clear that the pipeline is not needed to meet electricity and gas demand. Worse, electricity customers in Virginia and North Carolina would be on the hook to pay for the costly new pipeline.

Tell your senators and your representative in Congress that you oppose legislation that would change the rules to make way for Dominion’s unneeded and destructive pipeline.

Thank you for taking action to protect the mountain streams, family farms, private property, water supplies, and Appalachian Trail that we all cherish.

Sincerely,

David Sligh 
Wild Virginia
Conservation Director

People in the Path of the Pipelines


The Appalachian Voice for February/March 2019 includes a second installment in their “People in the Path of the Pipeline” series. There are stories from people in the path of the Atlantic Coast, Mountain Valley, Mountain Valley Southgate, and Mountaineer Xpress Pipelines. Read the February 2019 set of stories here, and the earlier April/May 2018 stories here.

SELC Urges FERC to Reject ACP “Stabilization ” Plan

In a letter on February 15, 2019, the Southern Environmental Law Center (SELC) urged the Federal Energy Regulatory Commission (FERC) to reject the Atlantic Coast Pipeline’s Interim Right-of-Way and Work Area Stabilization Plan.

SELC points out that the ACP’s “stabilization” actions were merely an excuse to do new construction. ACP had said that several areas had already been trenched, and that installation of strung pipe in those areas was necessary to stabilize the right-of-way. In reality, none of the areas, totaling almost half a mile in length, had been trenched.

The letter states, “Atlantic and DETI have now asked the Commission for authorization to trench and install pipe in those three areas and six others, covering a total of approximately 1.5 miles along the pipeline right-of-way. Trenching, however, is not necessary to stabilize a right-of-way; on the contrary, it is one of the most destabilizing activities involved in pipeline construction. The Commission’s own Final Environmental Impact Statement for the ACP is replete with examples of the environmental risks associated with trenching. Accordingly, Atlantic and DETI’s construction plans call for installing additional erosion control devices once trenching begins and ‘minimizing the length of open trench at any given time.’ Far from a stabilization method, trenching actually demands further mitigation measures due to its destabilizing effects on a landscape.”

The SELC letter concludes, “We urge the Commission to enforce the terms of its certificate and to reject Atlantic and DETI’s request to proceed with construction that cannot be justified by environmental or safety concerns.”

Read the full letter here.

Crossing the Appalachian Trail

Many have worried that Dominion Energy would make a concerted effort to convince Congress to grant permission for the Atlantic Coast Pipeline to cross the Appalachian Trail after the Fourth Circuit Court of Appeals found the Forest Service did not possess the right to allow the crossing. At this time (February 11, 2019), there is no Dominion amendment attached to any piece of pending legislation in the Congress. However, it now appears it would be useful and important to express concerns to relevant members of Congress.

If you are worried about this unwarranted attempt by Dominion, we urge you to contact your Representative within the next several days. Ask the Representative to contact Congressional leadership to make clear their ACP concerns and opposition, including opposition to the idea of Congress stepping in to help the ACP sidestep fundamental permitting problems that are currently being sorted out in the normal regulatory process and in the courts, and opposition to and concerns about ACP in general. Many of these members have voiced concerns about or outright opposition to ACP in the past; others are new to Congress.

This congressional “fix” is a problem because it would:

  • Imply a congressional endorsement for the ACP, stacking the deck for building the ACP as proposed, on its current route.
  • Set the wrong example for special congressional exceptions to the federal law that otherwise disallows pipelines across national parks.
  • Limit the otherwise-required further analysis of alternatives to the ACP.
  • Leave decisions about key ACP permits entirely in the hands of federal agencies, which already have short-changed public and environmental review of ACP permits.

As a resource for your communication, see this set of talking points, with supporting citations, with detailed information about the fundamental lack of need for the ACP, and about the Fourth Circuit’s Forest Service decision and the Appalachian Trail.

Park Service to Vacate ACP Permit to Cross Parkway

On January 16, 2019, the US Park Service filed a motion (made public on January 18) with the Fourth Circuit Court of Appeals for a voluntarily remand of the construction and right-of-way permits for the Atlantic Coast Pipeline. The Park Service explains that upon the Court granting the request, the agency will vacate the previously issued permit for the ACP to cross the Blue Ridge Parkway and “consider whether issuance of a right-of-way permit for the pipeline to cross an adjacent segment of the Parkway is appropriate.”

The Fourth Circuit granted the Park Service’s request to remand the permit back to the agency for reconsideration on January 24, 2019.

Read a copy of the motion.

Read Platt S&P Global January 18 coverage of the motion and the Richmond Times-Dispatch coverage.

ACP’s Floodplain Variance Request Denied


On December 3, 2018, on a 3-2 vote, the Nelson County Board of Zoning Appeals denied four of Dominion’s applications for the variances to the County’s flood plain ordinance needed to construct the Atlantic Coast Pipeline across flood plains in Nelson. The other seven of the original eleven applications were dismissed in January 2018, and ACP will have to submit new applications for them.

The Nelson County Zoning Ordinance specifically includes “Structures or facilities that produce, use, store, or transport highly volatile, flammable, explosive, toxic, and/or water-reactive materials” in the list of “critical facilities [that] are prohibited from being constructed or operated within a SFHA [Special Floodplain Hazard Area] unless a Variance is granted.” (Article 10.15F on p. 87)

Friends of Nelson issued the following press release on December 4, 2018:

Friends of Nelson commends the Nelson County Board of Zoning Appeals for its 3-2 vote to deny the applications for variances that would allow the Atlantic Coast Pipeline to cross four floodplains along its route through Nelson. These four applications were deferred by Dominion earlier this year. ACP had originally filed applications for 11 floodplain sites, but easement agreements at that time were only in place for the 4 sites applied for and heard by the BZA on Dec. 3.

Board of Zoning Appeals’ member Gifford Childs, made the motion to deny, expressing concerns that the ACP’s application did not offer sufficient detail and assurances that these areas would be protected during construction.

Friends of Nelson agrees and remains very concerned about the inevitable negative impacts to our water, to surrounding properties, and the long-term damage to the fragile ecosystems that exist naturally in floodplain areas. We are convinced that the ACP’s plans do not meet the standards required by Nelson County’s current floodplain ordinance. The preferred route chosen by the ACP through 11 floodplain areas in Nelson is the highest number in any jurisdiction in Virginia, and begs the question of any earnest effort on the ACP’s part to avoid areas that will increase risks associated with large natural gas transmission pipelines. One of the major causes of pipeline “failures” is soil movement and the industry, as well as key agencies, recommend avoiding areas prone to flooding when selecting pipeline routes.

Friends of Nelson will continue to monitor the ACP’s applications on the remaining floodplain sites and is most grateful to the residents who commented during the public hearing.

See press coverage by the Lynchburg News & Advance.