On December 3, 2018, on a 3-2 vote, the Nelson County Board of Zoning Appeals denied four of Dominion’s applications for the variances to the County’s flood plain ordinance needed to construct the Atlantic Coast Pipeline across flood plains in Nelson. The other seven of the original eleven applications were dismissed in January 2018, and ACP will have to submit new applications for them.

The Nelson County Zoning Ordinance specifically includes “Structures or facilities that produce, use, store, or transport highly volatile, flammable, explosive, toxic, and/or water-reactive materials” in the list of “critical facilities [that] are prohibited from being constructed or operated within a SFHA [Special Floodplain Hazard Area] unless a Variance is granted.” (Article 10.15F on p. 87)

Friends of Nelson issued the following press release on December 4, 2018:

Friends of Nelson commends the Nelson County Board of Zoning Appeals for its 3-2 vote to deny the applications for variances that would allow the Atlantic Coast Pipeline to cross four floodplains along its route through Nelson. These four applications were deferred by Dominion earlier this year. ACP had originally filed applications for 11 floodplain sites, but easement agreements at that time were only in place for the 4 sites applied for and heard by the BZA on Dec. 3.

Board of Zoning Appeals’ member Gifford Childs, made the motion to deny, expressing concerns that the ACP’s application did not offer sufficient detail and assurances that these areas would be protected during construction.

Friends of Nelson agrees and remains very concerned about the inevitable negative impacts to our water, to surrounding properties, and the long-term damage to the fragile ecosystems that exist naturally in floodplain areas. We are convinced that the ACP’s plans do not meet the standards required by Nelson County’s current floodplain ordinance. The preferred route chosen by the ACP through 11 floodplain areas in Nelson is the highest number in any jurisdiction in Virginia, and begs the question of any earnest effort on the ACP’s part to avoid areas that will increase risks associated with large natural gas transmission pipelines. One of the major causes of pipeline “failures” is soil movement and the industry, as well as key agencies, recommend avoiding areas prone to flooding when selecting pipeline routes.

Friends of Nelson will continue to monitor the ACP’s applications on the remaining floodplain sites and is most grateful to the residents who commented during the public hearing.

See press coverage by the Lynchburg News & Advance.