Category Archives: Zoning Requests

BREDL Files VA Supreme Court Appeal Against Buckingham Supervisors and ACP

Press Release from Blue Ridge Environmental Defense League, July 19, 2018:

BREDL and its Buckingham Chapter, Concern for the New Generation, File Supreme Court Appeal regarding Special Use Permit for the proposed Atlantic Coast Pipeline

Lovingston, VA—This week the Blue Ridge Environmental Defense League (BREDL) and its chapter, Concern for the New Generation (CNG), and its members filed an appeal with the Supreme Court of Virginia regarding Buckingham County’s approval of a special use permit for a compressor station for the proposed Atlantic Coast Pipeline. The suit was originally filed February 6, 2017 pro se. Circuit Court Judge William Alexander dismissed the case in January, 2018 on technicalities regarding the form used in the pro se filing.

BREDL’s Stop the Pipeline Campaign Coordinator, Sharon Ponton, stated, “We believe this case deserves to be heard on its merits. We contend that the special exception in the zoning ordinance which was used in the permitting process is for utilities…water, sewer, or even a natural gas utility company which delivers a product to residents of the community. The Atlantic Coast Pipeline is not a utility. It is a natural gas transmission company.”

Kathie Mosley, chair of CNG, stated, “The Union Hill community has been ignored and marginalized throughout the approval process for the proposed pipeline and its compressor station. The County ignored the evidence we presented at the hearings and approved the permit anyway. Our plan to stop the compressor station from being constructed in our historically significant African-American community moves forward with this appeal.”

“Judge Alexander remarked during the hearing, he believed the case should be appealed, and that’s what we have done,” stated Lou Zeller, Executive Director of BREDL. Zeller continued, “The County has done everything it could to slow walk this process, but we are persistent in our support of the Union Hill community, and look forward to a positive outcome from the Supreme Court of Virginia.”

View the Appeal to Virginia Supreme Court

Stand with Union Hill


Stand with Union Hill: The Buckingham County Board of Supervisors will hold a hearing on Monday, July 9, 2018 to hear public input regarding a rezoning request to allow the Atlantic Coast Pipeline to install a “man camp” across from the proposed Union Hill compressor station.

Be there at 5 pm for peaceful witness at the meeting, which begins at 6:00 p.m. in the Peter Francisco Auditorium of the Buckingham County Administration Complex at 13380 W. James Anderson Hwy, Buckingham, Virginia 23921.

The Circle of Protection collaborators and Water is Life. Protect It. are asking for your presence and peaceful witness to this meeting and this proposal which represents a further violation of the zoning and comprehensive plan for Buckingham County.

Highland County Considers ACP Applications

In their meeting on April 26, 2018, the Highland County Board of Supervisors and Highland County Planning Commission held hearings and reviewed applications related to the proposed Atlantic Coast Pipeline project.

Supervisors cited neighborhood incompatibility and denied the application to rezone the Jack Mountain Village property in Monterey, tabled the application to rezone a property in McDowell from residential to agricultural so the property will no longer be used for the pipeline project, and tabled action on the request for a conditional use permit for a construction yard on the same property.

Planners forwarded to the Supervisors with no recommendation the application for a conditional use permit for an RV park/camp on a property in the Blue Grass; Supervisors decided to wait for new zoning ordinance language regarding temporary work camps before considering the request. Planners found the pipeline project to be substantially in accord with the Highland County Comprehensive Plan.

Dominion Didn’t Do Homework


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.”

BZA Dismisses 7, Defers 4 Floodplain Variance Requests

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: Unsung Heroes in Our Communities


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.