CSI Seeks FERC Investigation of Potential ACP Violations

Apparent equipment staging area and new or reconstructed road and bridges observed during Pipeline Air Force surveillance flights. (3/11/18)

On March 14, 2018, we reported on the first incident report from the Compliance Surveillance Initiative (CSI), apparent unauthorized access road and staging area construction in the MP158 area, the Augusta County Horizontal Direction Drilling area. A request was filed March 22 on behalf of Allegheny-Blue Ridge Alliance (ABRA) with the Federal Energy Regulatory Commission (FERC) to investigate potential violations by Atlantic Coast Pipeline (ACP) of the Commission’s Certificate and Virginia’s water quality certification. Aerial photographs taken earlier in March by ABRA’s CSI showed what appears to be substantial construction work in an area of Augusta County, near the site from which ACP proposes to bore through the Blue Ridge Mountains. The photographs show new and improved roads, new bridges, and what appear to be equipment parking and staging areas.

The observed activities do not appear to have been authorized under any of the limited Notices to Proceed FERC has issued, which allow tree cutting by non-mechanized means. The request explains that these actions will impact water quality in a number of ways and that, since the State of Virginia has not approved erosion and sediment control and stormwater plans and its water quality certification is not effective, possible land disturbance, changes to stormwater flows, and other effects must not be allowed. The submittal to FERC also notes that ACP’s weekly status reports have not provided notice of any of these activities and that environmental compliance reports indicate these sites have not been inspected.

The submitters also asked that the Commission report on its investigative proceedings and findings to ABRA, the CSI, and the public and that it not invoke regulatory provisions to keep this information from citizens.