Wild & Wonderful West Virginia, if we can keep it?

From the Letter of Leslee McCarty, The Beckley Register Herald, March 27, 2021

The Greenbrier River is one of West Virginia’s crown jewels. Why risk ramming the 42-inch Mountain Valley Pipeline (MVP) across it so the big out-of-state energy corporation can profit?

After the courts threw out MVP’s slapdash plans to dig a trench across the Greenbrier, the MVP is asking the state to approve – six years into the project – a new plan to bore under the river.

The bore at Pence Springs would use half a million gallons of water mixed with drilling mud and take up to four months to complete. It will be the longest bore on the MVP – nine times the average. If any of that drilling mud gets into the river, it would be a disaster for both tourism – the one industry offering real hope for the area – and the health of the river itself.

MVP has a terrible record. State officials in West Virginia and Virginia have fined the project more than $2.7 million because – as the Roanoke Times put it – “construction on steep mountainsides has led to muddy runoff, and to hundreds of violations of environmental regulations meant to control erosion and sedimentation.”

Environmental Hydrologist Dr. Jacob Hileman says the MVP would have more impact on forests and streams than any other gas pipeline. He called the MVP “an unprecedented and highly consequential experiment.”

Why do we have to risk the best things we have? Will we continue to allow West Virginia to be a sacrifice zone for big energy corporations, or will we protect our vulnerable water resources? Sadly, the Legislature seems to want to ignore the health and safety of our water. I hope the WV Department of Environmental Protection doesn’t ignore MVP’s impact on the Greenbrier River.

Let’s stop this misguided pipeline project now and get to work on renewable energy projects for a sustainable, clean energy future!

Leslee McCarty, Founding Member,
Greenbrier River Watershed Association
Lewisburg, WV

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Final remaining tree sitter removed from MVP site, arrested

From a Newscast of WDBJ News 7, Roanoke, VA on March 24, 2021

MONTGOMERY COUNTY, Va. (WDBJ) – According to the Montgomery County Sheriff’s office, the final remaining tree sitter has been removed from the site of the Mountain Valley Pipeline.

Alexander Lowe, 24 of Worcester, Massachusetts, was arrested and charged with Obstruction of Justice and Interfering with the Property Rights of Another. He is being held in the Montgomery County Jail with no bond.

The Virginia State Police worked from a crane-suspended basket to safely remove the man from the “sleeping dragon” and the tree. He was checked by medics after being lowered to the ground. The sheriff’s office said he received no injuries during the extraction.

Tree sitters understand that the intrusive large 42 inch pipe is not needed

Lowe was the lone remaining tree sitter Wednesday after all others were removed Tuesday from the site on Yellow Finch Lane.

Law enforcement worked Tuesday to negotiate with the tree sitters, who had been protesting the building of the Mountain Valley Pipeline for more than two years. One tree sitter, a 23-year-old woman from Vermont, was arrested Tuesday.

This meeting has been postponed due to the COVID-19

…………………..POSTPONED……………………

From the Greenbrier River Watershed Association, March 12, 2020

Professor Yuri Gorby Phd., will lecture on “The effects of the natural gas industry on Appalachia”, on Wednesday, March 18 from 6:30 to 8:30 at the Lewisburg Public Library. Professor Gorby, former research scientist with the United States Department of Energy, will share information regarding the fracking of West Virginia and the effects on Greenbrier County and all residents who live in proximity to the proposed pipelines and compressor stations.

Dr. Gorby’s presentation uses scientific evidence and documented accounts to illuminate known risks and consequences of high-pressure transmission pipelines, with special considerations for the challenges posed by the mountainous terrain of southeastern West Virginia. His lecture will be followed by a question and answer period. Local residents are encouraged to come and participate.

For those unable to attend, the lecture will be posted as a Youtube video, in addition to having a Facebook watch party. Participants can easily share so the important information can be made accessible to all.

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WV FLOOD TOOL: — http://www.mapwv.gov/flood/

LINK TO STATEWIDE STREAM GAUGES:

https://www.facebook.com/100005485393020/posts/962748470584657/

There are diverse views of the Greenbrier River over its long length

From the Indian Creek Watershed Association, November 4, 2018

Mountain Valley Pipeline’s plan to cross the Greenbrier River at Pence Springs has been in the news recently, and in the courtroom. On Tuesday, October 23rd, arguments were heard by Judge Robert A. Irons in the Summers County Courthouse about whether the WV Environmental Quality Board (EQB) erred in upholding WVDEP’s approval of a West Virginia Natural Streams Preservation Permit for MVP to cross the GreenbrierRiver. No ruling was made at the hearing.

In August 2017 Indian Creek Watershed Association (ICWA) joined the Greenbrier River Watershed Association (GRWA) and three landowners as a party to this appeal. ICWA is writing now to update our members and friends on the case and to explain why we think it’s important.

As ICWA members and other local residents sat in the courtroom last Tuesday, we realized that this case is really about three questions: 1) What defines the “natural character” of a river? 2) Did WV-DEP fail to do its job? and 3) Is MVP being granted undue entitlement not only to blast ditches through private land seized through eminent domain, but to treat the Greenbrier River like just another ditch?

1: What defines the “natural character” of a river?

The West Virginia Legislature clearly expresses its intent in establishing the West Virginia Natural Streams Preservation Act: “In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not impound, flood or divert all streams within the State of West Virginia, leaving no streams designated for preservation and protection in their natural condition, it is hereby declared to be the public policy of this state to secure for the citizens of West Virginia of present and future generations the benefits of an enduring resource of free-flowing streams possessing outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archeological or other scientific or cultural values.”
WV Code §22-13-2.

In another section it says: “these [protected streams] shall be administered for the use and enjoyment of the citizens of West Virginia in such manner as will leave them unimpaired for future use and enjoyment as free-flowing streams, and so as to provide for the protection and the preservation of these streams in their natural character.”
WV Code §22-13-4.

In the Summers County courtroom on Tuesday, MVP’s attorney tried to limit the focus narrowly to whether the pipeline construction would impound, divert or flood the stream. However, if those were the only characteristics of a natural stream under protection, there would be little difference between a river and a ditch.

The Greenbrier River is not only the longest free-flowing stream east of the Mississippi. It is teeming with aquatic and botanical life and rich in so many treasured qualities that make up its “natural character”. If the bedrock of the Greenbrier is split open and trenched from riverbank to riverbank, the physical integrity of the streambed will be forever impaired and so will the Greenbrier’s condition as a natural stream.

2: Did the WV-DEP fail to do its job?

By not requiring MVP to conduct the tests and studies needed to determine the possible impacts that pipeline construction would have on the Greenbrier’s “natural character” — or even the safety of MVP’s proposed method — DEP failed to uphold the Natural Streams Preservation Act.

Despite strong requests and comments from many experts, individuals and groups, including ICWA, WV-DEP never required MVP to conduct studies such as sedimentation and turbidity analyses, borings and core samples, accurate velocity and scour calculations, or aquatic life and nutrient assessments, all important to understand the natural characteristics of the Greenbrier and determine the likely impacts of MVP construction.

Beyond those studies, what happens when the Greenbrier floods suddenly in the middle of construction while half of the river is blocked by MVP’s “cofferdam”? What happens when huge steel pipes tear loose and float (or race) downstream, crashing into structures and backing up the river when they lodge against a bridge or other obstruction? What happens when increased sediment and scour carves away the already-too-narrow bank that supports Route 12/3?

WV-DEP imposed two “special conditions” on this permit: 1) Boat passage must be maintained at all times during construction. 2) In case of severe weather which may induce flooding all materials must be removed from the river until flooding subsides.

What are MVP’s calculations and approved plans to anticipate and deal with the safety of boats at all times and the all-too-likely scenario of a fast-rising flood due to an unpredicted high-intensity precipitation event like June 23, 2016? Such storms are becoming more frequent, more intense, and more unpredictable.

As the GRWA attorney contends, the intact streambed is the natural character of the Greenbrier. “The obvious way to maintain the natural character of the streambed is for [MVP] to spend a little bit more … to do the studies they were supposed to do.” There are other options available to MVP, he emphasized, including boring under the river or finding a different route.

3: Is MVP being granted undue entitlement?

It was clear at the EQB hearing in Charleston in February that even members of the EQB thought that more studies should have been done. The EQB chairman asked the WV-DEP attorney to explain “why the DEP did not take those actions if indeed those actions should have been taken. … Why did the DEP not assume that role?”

WV-DEP’s excuse was that the studies were not specified in the statute. But, it is not the job of the Legislature itself to dictate exactly what studies should be required. They leave that up to DEP as the GRWA attorney argued persuasively: “The fact that there are no rules is not a reason to cut corners. The fact that this statute exists shows the Legislature wants to do everything you can to make sure that the natural characteristics of this stream are preserved.”

In the end, the EQB ducked responsibility, almost sheepishly finding in favor of DEP and MVP, and explaining that they felt EQB’s “purview” was limited to whether DEP’s actions adhered to the statutory requirements.

Now MVP appears on track not only to blast trenches across land seized through eminent domain, but to arrogantly extend that entitlement to treat the Greenbrier River like just another ditch. The fact that the MVP attorney did all the talking for DEP on Tuesday spoke volumes. A DEP lawyer was present but silent, even when asked if he had anything to add.

One ray of light: MVP’s pattern of assumed entitlement — of calling the shots — is starting to be noticed. In late July 2018, the Fourth Circuit Court of Appeals in Richmond vacated the permits issued by the US Forest Service and the US Bureau of Land Management for MVP to cross the Jefferson National Forest. In early October 2018, the Fourth Circuit Court vacated the permit granted by the U.S. Army Corps of Engineers for MVP to cross streams and wetlands in West Virginia.

In both of these cases, the Fourth Circuit judges expressed interest and concern about why these agencies seemed to be bending their actions to accommodate MVP.

What’s Next for the Mountain Valley Pipeline?

Right now, no MVP construction is allowed in West Virginia or Virginia streams and wetlands following the ruling that canceled the Army Corps of Engineers permit in West Virginia. Unfortunately, the FERC has not halted other construction, even though it remains possible that MVP may not be able to complete the project along their projected route.

In Hinton last week, the GRWA attorney requested that the Circuit Court send the Natural Streams Preservation Act case back to the EQB with instructions to consider the river’s natural characteristics and alternative options like a conventional bore. The MVP attorney asked for the permit to be upheld as is. Both attorneys acknowledged that there was no time pressure for an answer from the judge, in part because of the status of the Army Corps permit, but also because MVP would not be able to begin in-river construction until next summer because of water levels.

This permit and this case will have a lasting impact. MVP’s crossing of the Greenbrier River is the first river crossing permit issued under the Natural Streams Preservation Act. Whatever is decided will set precedent for future cases, whether on the Greenbrier or any of the other four protected natural streams.

ICWA believes that the Greenbrier is a river worthy of the fullest protection offered under West Virginia’s Natural Streams Preservation Act. The DEP and EQB should not be allowed to shirk their responsibility, and MVP should not feel entitled to treat the GreenbrierRiver like a lifeless ditch.

>>> Indian Creek Watershed Association, indiancreekwater@gmail.com

NOTE: ICWA is a 501c3 non-profit organization. Contributions are tax-deductible. To support the Indian Creek Watershed Association send a check: Please make your check payable to Indian Creek Watershed Association or ICWA. Mail to: Indian Creek Watershed Association, P.O. Box 711, Union, WV 24983.

See also: www.indiancreekwatershedassociation.org

Jennifer Baker, Greenbrier River Watershed Association

Jennifer Baker,  New Coordinator for the Greenbrier River Watershed Association to be introduced at Annual Meeting, October 19th

The Greenbrier River Watershed Association will hold its annual meeting, October 19, 2016 at St. James Episcopal Church in Lewisburg, WV. The meeting will start at 7pm, with Howdy Henritz from The Indian Creek Watershed Association as guest speaker. Howdy will showcase their interactive mapping program and have a hydrological studies update.

Leslee McCarty will update those in attendance on the Greenbrier River Trail Restoration project. Elise Keaton, outreach coordinator, will present actions which can be taken concerning pipelines slated to be built across the main stem of the river in two places.

Jennifer Baker, new Coordinator for the Watershed Association, will be introduced. Jennifer has lived in Greenbrier County for thirty-two years, and has headed  the County Planning Commission and was Vice-President of the  Greenbrier County Board of Zoning Appeals. She was instrumental in obtaining city water for 500 residents including her neighborhood and the Monroe Draft area in 1995. Jennifer stresses, “I have strong ties to the Greenbrier River, having grown up as the daughter of a fisheries biologist and I want to see our water protected as a vibrant resource for our community.”

Both current members and the general public are encouraged to attend this important meeting.

Where to find news

As always, great information is at www.pipelineupdate.org and these two great groups now have Facebook pages, Allegheny-Blue Ridge Alliance and Dominion Pipeline Monitoring Coalition. There is a Facebook Page (at least one) for the Dakota Access Pipeline fight — Sacred Stone Camp. Find out the latest news and how to support these.

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Public Meeting & Informational Update on Proposed 42” Pipelines:
EQT’s Mountain Valley and Dominion’s Atlantic Coast Pipelines

Thursday, October 20, 6:00 p.m. at Jackson’s Mill, West Virginia Building, between Weston and Jane Lew in Lewis County.

If you live in Wetzel,* Harrison,* Doddridge,* Lewis,* Braxton,* Upshur, Randolph, Pocahontas, Webster, Nicholas, Summers, Greenbrier, Monroe, your county will be affected!

YOUR COUNTY will be affected!

Legal and Expert Presenters will be available to answer YOUR questions and help you file your comments with the Federal Energy Regulatory Commission.

Public comment period is open until December 22, 2016, but early filing is essential.

Contact April Keating of Mountain Lakes Preservation Association at 304-642-9436 for more information.