WPOA Asks DEQ to Intervene


Wintergreen Property Owners Association filed comments with DEQ on June 12, 2018 asking DEQ not to accept the insufficient review the Army Corps of Engineers deemed acceptable as part of Nationwide Permit 12. Their comments relate specifically to VA AP-10237 (MP 158.7) and VA AP-10237 (MP 158.9} near the sole entrance/exit to Wintergreen. They state, “Wintergreen has already shared abundant information supporting the need for careful review, given the unique environmental and public safety challenges present where the ACP passes the only entrance and exit of our community. As required, this filing includes an analysis of the inadequacies of NWP 12 for this project and provides additional new information showing current site conditions, and clear evidence of pressurized ground water within the ACP route. This new evidence reinforces the need for DEQ to provide additional scrutiny of the environmental and public safety impacts of the ACP project near milepost (MP) 158.7, and for DEQ to not accept the previous insufficient review the Corps deems acceptable as part of NWP 12.”

The WPOA filing discusses debris flow and rockslides, ground water, soil and geologic concerns, and drilling under Reeds Gap, and includes detailed diagrams and LIDAR mapping. Wintergreen engineers and geologists use underground radar to show DEQ and FERC that ACP’s pipeline is not safe to build on on unstable land, fault lines, and underground aquifers. One result — water gushing from ACP soil borings.

The filing says, “In the interest of getting this project approved, the ACP has not carefully studied the geologic conditions present in and around MP 158. Had the ACP presented all of the evidence to FERC and DEQ at the time of permitting, it would have triggered additional review/discussion about; the steep slopes, the unstable colluvial material, the large volume of groundwater present, the potential for debris avalanches, catastrophic damage to the headwaters of the Rockfish River, and the public safety concerns over the entrapment of an entire community. None of the evidence presented to date suggests there has been careful review of the existing conditions and the potential problems this project may cause to Virginia Water. As part of the 401 certification, the Commonwealth should force transparency of the engineering plans related to this project, and in doing, will greatly reduce the negative, and possibly catastrophic, consequences that could result from a lack of oversight.”

In conclusion, the filing notes, “As this project gets underway, more and more evidence is coming to light that, the ‘best practices’ and ‘best in class’ approach to pipeline construction is inadequate. Environmental disasters recently occurred on a Dominion project near Spartanburg SC and on the Mountain Valley Pipeline project in Franklin County VA. The news coverage of contaminated spring fed waters in Montgomery County VA and the pipeline explosion last week in Marshall County WV, should give additional cause for serious concern. The pipeline that exploded in Marshall County was put into service in January of this year and was described as ‘best in class’ for safety, reliability, and efficiency by the company who built and is currently operating this brand-new pipeline. It is important to note that Dominion Energy regularly uses the phrase ‘best in class’ to describe the construction, operation, and safety of the ACP. With failures mounting on similar projects, DEQ should recognize the need to scrutinize the engineering and construction plans more carefully and make sure the ACP is in fact constructed in a way that protects the citizens of Virginia and the water we depend on.”

Read the full WPOA filing here, with copies of their previous relevant filings as attachments.

Blue Ridge Life news coverage includes photographs, discussion with Jay Roberts, Executive Director of WPOA, and a brief video of water pushing out around a locked cap on a test well within a few hundred feet of the entry-exit of Wintergreen Resort.  The story was also covered in the Richmond Times-Dispatch on 6-17-18 (for digital subscribers only) and in the Daily Progress on 6-18-18.