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.”