Category Archives: Zoning Requests

Nelson BZA to Hold Hearings on ACP Flood Plain Crossings


The Nelson County Board of Zoning Appeals will hold public hearings on the Atlantic Coast Pipeline’s request to obtain variances for 11 floodplain crossings in Nelson County totaling 4.5 miles of floodplain, 3.5 for pipeline and one mile for access roads. Variances are required because, under Nelson’s floodplain ordinance, pipelines qualify as critical facilities whose construction is not normally allowed in floodplain. State law mandates decisions on variance requests within 90 days of the January 16, 2018, application date.

The BZA has retained David Shreve, former Campbell county attorney who has a private practice in Altavista, as legal counsel for the review, and has requested technical assistance from Draper Aden Associates, an engineering, environmental services and surveying firm with offices across the commonwealth and in parts of North Carolina.

The BZA’s next regularly scheduled meeting will be February 5, during which they will meet in closed session with Shreve and Draper Aden to go over application details. The public hearings on the variance applications will be February 12, 2018, 7 p.m.

During their January 16 meeting, the BZA adopted procedures for the public hearing: speakers must sign up to speak during the hearings and will be limited to three minutes unless they are representing a group, in which case they have five minutes to speak. At Shreve’s suggestion, the BZA will take up and make decisions on the 11 floodplain crossing applications individually, thus providing a “clean record” for each application.

The February 12 meeting is currently planned for the General District Courtroom in the Nelson County Courthouse, but because of anticipated large turnout may be moved to a different site. Announcement of meeting site will be included in public notices posted in the Nelson County Times and on the county website. Additionally, the BZA left open the possibility of extending the public hearings a day if there is not adequate time to hear all public comments.

A listing of the requested variances is posted on the BZA portion of the Nelson County Website.

ACP Construction Yard in Augusta County

At their January 4, 2018, meeting the Augusta County Board of Zoning Appeals considered Dominion’s application for the required permit to use a 34 acre site in Churchville, currently zoned as agricultural, for two years as a storage yard for ACP construction materials, equipment, fuel and worker trailers. At least 400 workers would be coming and going from the site each day, 6 days a week, and large trucks and equipment would be traveling between the site and the proposed pipeline construction site 10-20 miles away. The property in question is on winding Rt. 42, designated as a Scenic Highway.

About Special Use Permits, the Augusta County General Code says, “No Special Use Permit shall be issued without consideration that, in addition to conformity with any standards set forth in this chapter for Special Use Permit uses, the following general standards will be met either by the proposal made in the application or by the proposal as modified or amended and made part of the Special Use Permit:

  • 1. Conformity with Comprehensive Plan and policies. The proposal as submitted or as modified shall conform to the Comprehensive Plan of the county or to specific elements of such plan, and to official policies adopted in relation thereto, including the purposes of this chapter.
  • 2. Impact on neighborhood. The proposal as submitted or as modified shall not have undue adverse impact on the surrounding neighborhood.”

The Augusta County Comprehensive Plan states, “Agriculture will continue to be the predominant land use in the county and a major part of the economy. The county’s scenic beauty and natural environment will be preserved, with farms, forests, mountains, rivers and streams providing the framework and context for development in the urban areas, and continuing to define the landscape in the rural areas.”

More than 250 people turned out at the BZA meeting to speak against the application, including Ryan Blosser, whose adjacent 4-acre organic farm is downhill, downwind, and downstream from the proposed yard, meaning it no longer would be possible for him to maintain his organic status and the organic CSAs which are his family’s livelihood. When the BZA members asked Dominion if they had discussed their plans with the Blossers, the answer (not surprisingly) was “No.” When they were asked if they were planning on compensating the Blossers for the hardship they were imposing upon them, the answer (again not surprisingly) was “No.” Dominion representatives initially stated at the meeting that they have “no responsibility” to their neighbors. The BZA tabled any decision on the matter and will consider it again at their next regular meeting on February 1 at 1:30.

Read the News Virginian coverage of the meeting here, and read Ryan Blosser’s impassioned letter to the editor here. A Facebook page, Augusta County Standoff, is following the issue. A petition page asks the Augusta Board of Zoning Appeals to turn down the application. You may send email opposing the application to Sandra Bunch (Secretary), sbunch@co.augusta.va.us.

The YouTube video below is a 20-second time lapse of a Rover Pipeline construction yard over a three year period, 2014-2017.