Make Your Voice Heard Now on West Virginia Stormwater Permits by October 23rd

From the West Virginia Rivers Coalition, October 20, 2020

Through Friday, October 23, you can make your voice heard on an important permit related to water quality. WVDEP is accepting public comments on modifications to the general permit that regulates stormwater runoff associated with industrial activity.

Why is the general stormwater permit so important? General permits are blanket permits that cover different types of industrial facilities throughout the state. Because the permit is related to stormwater runoff, multiple types of pollutants can be found in the discharge water.

This isn’t the first time we’ve asked you to comment on this permit. In May of 2019, WVDEP reissued the permit, but industry attempted to weaken it though the appeal process. Then, the US EPA stepped in to prevent “backsliding”, a term used when a permit becomes weaker than previously issued.

So, here we are again, asking for your comments on the general stormwater permit.

Although, US EPA has addressed some of our previous concerns, we still found problems in the modified permit. Learn more and submit comments on the permit today or ASAP, by the 23rd.

Action Alert: Comment on Important Stormwater Permit by 10/23

Stormwater issues have grown dramatically in past decade

Sediment flow penetrates barrier from stormwater

From an Article by Kate Mishkin, Charleston Gazette, November 8, 2018

As battles over two major natural gas pipelines play out in court, state regulators have continued to cite the Atlantic Coast Pipeline and Mountain Valley Pipeline for environmental problems.

The Mountain Valley Pipeline has received 19 violation notices from the West Virginia Department of Environmental Protection for failing to comply with the project’s West Virginia/National Pollutant Discharge Elimination System general water pollution control permit. The violation notices date back to early April, and the most recent was issued in early October, according to the DEP’s database.

The violations happened in several West Virginia counties, including Greenbrier, Harrison and Doddridge. The pipeline is approved to span 303 miles from Wetzel County, West Virginia, into Pittsylvania County, Virginia.

In many cases, a DEP inspector visited the site of construction and warned the site operator to take measures to comply with its permit. Then, the inspector wrote up a Notice of Violation, telling developers to provide a written response to the violation within 20 days. The violations don’t come with a monetary penalty.

In the most recent case, an inspector followed up on a citizen complaint in Monroe County and found sediment was flowing off the right-of-way. The inspector, Jason Liddle, issued a Notice of Violation, citing three sections of the permit the pipeline builders had violated. Liddle also wrote that developers had violated state legislative rules governing water quality standards by letting “distinctly visible settleable solids in pond and stream.” Photos that accompany the Notice of Violation show muddy water and sediment deposits.

The Atlantic Coast Pipeline, which would also start in northern West Virginia and span 600 miles into North Carolina, has been cited twice for problems in Upshur and Randolph counties. Neither pipeline company responded to inquiries about the violations.

These are the kinds of problems residents feared from the very beginning, said Joan Walker, senior campaign representative for the Sierra Club’s Beyond Dirty Fuels campaign.

“Absolutely, we saw it coming,” she said. “There’s no safe way to build these fracked gas pipelines in any terrain, especially in mountainous terrain in West Virginia and Virginia. This is not a surprise, this is what we warned about in hundreds and hundreds of public comments to FERC [Federal Energy Regulatory Commission], this is what we feared would happen and sadly it’s playing out that way.”

Both pipelines are part of a rush to tap into the region’s Marcellus Shale formation. And though they’re being built by different companies, they’ve followed similar patterns and fielded similar challenges in court.

Over the summer, the 4th Circuit Court of Appeals ruled that the U.S. Forest Service and Bureau of Land Management has skirted environmental rules when approving work on the Mountain Valley Pipeline. One week later, FERC issued a stop work order.

Then, FERC stopped the Atlantic Coast Pipeline, citing the 4th Circuit’s order that said the U.S. Fish and Wildlife Service and National Park Service had also sidestepped environmental rules.

In September, a panel of judges on the 4th Circuit heard four back-to-back cases, half about the Mountain Valley Pipeline and half about the Atlantic Coast Pipeline. In each case, environmental lawyers brought up a similar theme: the pipelines were rushed. In one case, lawyers said the Mountain Valley Pipeline was violating its Clean Water Act permit issued by the U.S. Army Corps of Engineers,and the federal appeals court subsequently vacated the permit.

Wednesday afternoon, the same judges ordered a stay to the Atlantic Coast Pipeline’s water-crossing permit, too. “That’s why everything is stopping and starting is because the processes were flawed, the permits had such big holes and gaps in them,” Walker said.

In the case of both pipelines, citizens have submitted complaints advising the DEP of spills along the pipelines’ paths. “Hundreds more [have] been reported by community watchdog folks, so there’d probably be a lot more if the DEP had enough staff to check on those accusations,” Walker said.

WVDEP Launches Webpage Dedicated to Helping Citizens Learn About Pipeline Projects

From the WV-DEP Webpage, Pipeline Projects, April 2, 2018

CHARLESTON, W.Va. (April 2, 2018) – The West Virginia Department of Environmental Protection (WVDEP) has launched an easy to use webpage designed to help citizens learn more about five major proposed or under construction natural gas pipelines.

The page is available here.

The five pipelines that are the focus of the webpage are the Atlantic Coast Pipeline, Mountain Valley Pipeline, the Mountaineer Gas Company Eastern Panhandle Expansion Project, Mountaineer Xpress Pipeline, and the Rover Pipeline.

“We are making sure that anyone who has any questions about these pipelines can find those answers on one easy to use webpage,” WVDEP Cabinet Secretary Austin Caperton said. “People who live near these projects deserve to be able to find answers to their questions quickly, and WVDEP is providing this new webpage to help them do that.”

Available on the webpage is information such as detailed maps of the proposed route of pipeline routes and a link to WVDEP’s searchable online database where additional information such as any inspection and enforcement action and any permit modifications can be found. Also available are public hearing transcripts, responses to comments received at public hearings, and press releases about the pipelines. The page will be updated as more information on each pipeline becomes available. Citizens will also be able to submit reports of possible permit violations via this webpage.

Major Pipelines Under Construction In West Virginia

Mountain Valley Pipeline

The Mountain Valley Pipeline (MVP) project is a natural gas pipeline that spans approximately 303 miles from northwestern West Virginia to southern Virginia – and as an interstate pipeline will be regulated by the Federal Energy Regulatory Commission (FERC). The MVP will be constructed and owned by Mountain Valley Pipeline, LLC, which is a joint venture of EQT Midstream Partners, LP; NextEra US Gas Assets, LLC; Con Edison Transmission, Inc.; WGL Midstream; and RGC Midstream, LLC. MVP has been issued a construction stormwater permit that covers the discharge of stormwater associated with the disturbance of approximately 4,214 acres of land for the construction of approximately 196 miles of natural gas pipeline along with compressor stations, meter stations, access roads, and interconnects through Wetzel, Harrison, Doddridge, Lewis, Braxton, Webster, Nicholas, Greenbrier, Fayette, Summers, and Monroe Counties in West Virginia.

Atlantic Coast Pipeline

The Atlantic Coast Pipeline (ACP) is a natural gas pipeline being developed by a partnership of four companies: Dominion Energy, Duke Energy, Piedmont Natural Gas and Southern Company Gas. The ACP has been issued a construction stormwater permit for the disturbance of approximately 2,497 acres of land for the construction of approximately 98.7 miles of natural gas pipeline along with a compressor station, meter stations, access roads, and interconnects through Harrison, Lewis, Upshur, Randolph, and Pocahontas Counties in West Virginia.

Mountaineer Xpress Pipeline

The Mountaineer Xpress Pipeline (MXP) is a natural gas pipeline consisting of approximately 170.9 miles (3,648 acres) of various diameter pipelines, modifications to three existing compressor stations, the construction of three new compressor stations, three new regulating stations, and a number of other modifications at various aboveground facility sites. The MXP has been issued a construction stormwater permit for activities in West Virginia. Project activities will occur throughout Marshall, Wetzel, Tyler, Doddridge, Ritchie, Calhoun, Wirt, Roane, Jackson, Mason, Putnam, Cabell, Wayne and Kanawha counties in West Virginia.

Mountaineer Gas Company Eastern Panhandle Expansion Project

The Mountaineer Gas Company Eastern Panhandle Expansion Project is a proposed project that is comprised of approximately 23 miles of natural gas pipeline through: Morgan and Berkeley Counties in West Virginia. This registration would be for the discharge of stormwater associated with the disturbance of 191.7 acres of land for the construction of the project.

Rover Pipeline

The Rover Pipeline is a natural gas pipeline that will span approximately 713-miles originating in southeastern Ohio, northwestern West Virginia, and southwestern Pennsylvania. The pipeline continues north across the state of Ohio to an interconnection in Defiance, Ohio. It will then cross into Michigan where it will terminate in Livingston County. There are three laterals of the pipeline in West Virginia: the Burgettstown lateral (5.5 miles of 36-inch diameter steel natural gas pipeline disturbing 87.70 acres in Hancock County), the Majorsville lateral (12.3 miles of 24-inch diameter steel natural gas pipeline, a compressor station, a meter station, and a laucher pad disturbing 159.9 acres of land in Marshall County), and the Sherwood lateral (35.7 miles of 36 inch diameter and 5.8 miles of 24-inch diameter steel natural gas pipelines, a meter station, and compressor station, disturbing 713.8 acres in Wetzel, Tyler, and Doddridge counties).

If you would like to notify WVDEP’s Environmental Enforcement of a potential issue with these pipelines, please submit a report through our online portal here on our website.

The number to report an emergency spill is 1-800-642-3074. Complaints can also be emailed to DEP.EEWebcomplaint@wv.gov.

Science Matters to come closer to truth!

Essay by S. Tom Bond, Resident Farmer & Retired Chemistry Professor, Jane Lew, Lewis County, WV

The U. S. has experienced four hurricane disasters just this past year: Harvey in Texas and Louisiana in August; Irma, a particularly intense hurricane with winds of 185 miles an hour in the Caribbean reached south Florida in early September. Jose hit the East Coast of the U. S in late September. Maria, the most damaging on record in Puerto Rico and the Virgin Islands occurred in late September. Combined they cost $200B. The Atlantic had 17 named storms in 2017. See storm tracks here.

What is a hurricane? It is a violent storm the size of a tropical cyclone having sustained winds of over 74 miles per hour. There are five categories, defined by wind speed. When they move over land devastation is proportional to wind speed.

What causes a hurricane? The best answer requires a little bit of science. Water vapor is formed when water evaporates. It takes heat to overcome the attraction between water molecules that causes them to stick together to be a liquid. When enough energy is supplied, they can separate and each molecule goes it’s own way, up into the air. That moist air is lighter and tends to rise. As the reader knows, higher in the atmosphere the temperature goes down. When a mass of humid air reaches an altitude where it is cold enough, the heat is transferred to the air. The warmed air continues to rise, and the water condenses and falls out as rain. This is the source of rain and snow.

A tremendous amount of heat is needed to evaporate water, over five times as much as is needed to warm the water from the freezing point to the boiling point. This is released when it condenses back to water (rain). If a smaller mass of air hits a really cold layer, a thunderstorm results. If a moist area goes up to a cool, but not very cold air mass, rain occurs.

When very humid air over the ocean in a wide area rises to a cold level, it continues to rise as it drops rain. This rising draws up more humid air from below. The warm air spreads out in the upper atmosphere, forming a whirling cloud cover. More and more heat is drawn from the ocean’s top layer as the system spreads out. Winds rising in the interior of the system go faster and faster. Up, up, up, driven by rain condensing out. When they reach 74 mph it is a hurricane.

This happens only over the ocean. Evaporation from land does not provide enough heat and moisture. The ocean absorbs 90 to 95% of the heat causing the earth’s temperature rise. More on ocean temperatures here. Of course evaporation occurs over any body of water and wet land, but only the warm ocean holds enough heat to form a hurricane.

The warmer the ocean surface, the more heat is available to supply humidity for the air. Extra heat is provided to the ocean by global warming. The air over it has more water content, and there is more reserve heat to keep on evaporating more water. The heat removed from the ocean surface may cool it enough to cause the storm to weaken it. If the hurricane moves over land, it dies out because heat is not available to continue to drive it.

The effects of global warming are not understood just as a warming of the earth. Many of the phenomena damaging our environment and our economic situation must be interpreted in terms of heat moving from one place to another.

See also: NASA: Climate Change and Global Warming

Secretary Caperton’s Letter to WVDEP Staff Regarding the Mountain Valley Pipeline (11/13/2017)

CHARLESTON, W.Va. – West Virginia Department of Environmental Protection (WVDEP) Cabinet Secretary Austin Caperton sent the following letter to all staff this morning explaining the agency’s decision on the Mountain Valley Pipeline.

“Good morning:

“There’s been a lot of news coverage recently of the WVDEP’s decision regarding the Mountain Valley Pipeline. Many of you have been asked questions by friends or family about exactly what this agency did, what we didn’t do, and how we arrived at our decision.

“I’d like to explain how this agency is protecting water quality with its permits.

“First, it is important to understand Section 401 Certifications and Section 404 permits. Section 401 of the federal Clean Water Act allows states an opportunity to ensure federal permitting actions will comply with a state’s water quality standards. The US Army Corps of Engineers (USACE) issues Clean Water Act Section 404 stream crossing and wetland permits, allowing fill to be placed in streams and wetlands. This permit is not for upland activities. The USACE can issue either an individual 404 permit for a particular activity or a general permit known as a Nationwide Permit. Nationwide Permits are used for common activities like highway construction or utility line construction. The USACE reissues Nationwide Permits every 5 years and likewise states are given an opportunity to issue 401 Certifications for these permits every 5 years.

“The timeline is important to understand WVDEP’s actions. WVDEP issued a 401 individual water quality certification for the Mountain Valley Pipeline project on March 23, 2017.

“That 401 Certification had several conditions to ensure that temporary impacts to West Virginia’s waters would be minimized, and mitigation would be provided for permanent impacts. Importantly, during the same period of time that the WVDEP was working on this MVP individual certification, it was also developing special conditions for the reissuance of the USACE nationwide permit. This permit is called the Nationwide 12 permit. It is typically used by the USACE for utility line construction (including pipeline stream crossings). The special conditions West Virginia included in it is certification on the newly reissued Nationwide 12 permit (in April 2017) largely mirrored the conditions that West Virginia had previously placed (in March 2017) on the MVP’s 401 Individual Certification.

“An appeal was filed on Aug. 15, 2017 against WVDEP in the Fourth Circuit Court of Appeals, raising the issues of antidegradation, karst, and the response to public comments. The WVDEP vacated and remanded the 401 Certification to re-evaluate the complete application. During this re-evaluation it was determined that, while the agency could defend against the arguments raised in the appeal, some of the issues raised were better addressed in the state Oil and Gas Construction Stormwater Permit (WV0116815).

“This state permit was issued nearly five years ago to cover oil and gas construction activity. Those activities were otherwise exempt from needing a federal National Pollutant Discharge Elimination System (NPDES) permit. Based on West Virginia’s experiences, it had become obvious that oil and gas construction activity needed to be permitted to protect water quality in our state. West Virginia is unique among its surrounding states in that it has this specific state permit to cover oil and gas pipeline construction activity.

“Because the newly issued Nationwide 12 permit included updated state conditions that were similar to those contained in MVP’s previous individual 401 Certification, WVDEP determined it was unnecessary to repeat them in an Individual Certification. As a result, it waived the 401 Certification. Through its use of the Construction Stormwater Permit, WVDEP will now take full control of the inspection and enforcement of this entire project – in both upland areas and at stream and wetland crossings.

“To be clear – by waiving the 401 Individual Certification, we are not abandoning our duty to protect the water quality of West Virginia. In fact, the new Nationwide 12 permit is 401 certified by West Virginia and includes state specific conditions relative to pipelines. Combined with the state Construction Stormwater Permit, we are in a stronger position to effectively regulate all pipeline construction in West Virginia.

“I take our duty to protect the environment seriously, and will use all of our resources to make sure this project, and any other project, adheres to the conditions of its permit.”

>>> Signed, Austin Caperton, WVDEP Cabinet Secretary

Contact: Jake Glance, (304) 926-0499 ext. 1335, Jacob.P.Glance@wv.gov

Speakers at Antero Hearing

Letter from April Keating, Mountain Lakes Preservation Alliance, August 28, 2016

Antero Resources has been holding meetings for its proposed landfill and water processing facility, ironically named “Clearwater.” The 400-acre facility, a 25-year project located upstream of the Hughes River, will affect 11 wetlands and over 5 miles of streams in the area.

The WV Rivers Coalition, in its letter to the WV-DEP, states that there is no mention of a Groundwater Protection Plan in its stormwater permit, a document that must be made available to the public at all times, according to WV law. “The landfill will discharge into streams that are located within the Zone of Peripheral Concern (ZPC) for the Hughes River Water Board, which sells bulk water to Pennsboro, Harrisville, and Cairo in Ritchie County,” states the letter. The ZPC is the riparian land between a 5- and 10-hour travel time upstream of a public water supply.

The Stormwater Pollution Prevention Plan (SWPPP) also does not include a section about spill prevention and response procedures, as required by the National Pollutant Discharge Elimination System (NPDES) permit for Stormwater Associated with Construction Activities.

The stormwater permit is not the only permit being sought for the facility. A 401 permit is required to show that the company will comply with Clean Water Act regulations.

Nine speakers spoke for almost an hour about their concerns for the project at Tuesday’s stormwater permit hearing, which took place at Doddridge County High School and was sponsored by the WV-DEP.

>> Charlotte Pritt, Mountain Party Candidate for governor, spoke about the health hazards of radiation found in frack waste, and called for a ban on fracking.

>> Lew Baker of the West Virginia Rural Water Association noted that there should be continuous monitoring at the facility, not just at the water intake.

>> Bill Hughes of the Ohio Valley Environmental Coalition noted that this project is experimental and should never be done on this scale.

>> Cindy Rank of the WV Highlands Conservancy mentioned the inadequacies of the permit applications, and the fact that the effects of such a project should be looked at in aggregate and not separately.

>> April Keating, of Mountain Lakes Preservation Alliance, pointed out that 4,000 new wells were planned over the next 40 years, and the water supply would be adversely affected. She also noted that leaking pipelines and gas infrastructure, such as compressor stations, would affect air quality and accelerate climate change rapidly, leading to numerous effects on the environment and economy.

The WVDEP is taking comments on the stormwater permit until September 3. Comments can be submitted electronically at DEP.comments@wv.gov, or by writing to:

West Virginia Department of Environmental Protection, Permitting Section, Division of Water and Waste Management, 601 57th Street, Charleston WV 25304

 Contact: April Keating, 115 Shawnee Drive, Buckhannon, WV 26201

Internet: www.mountainlakespreservation.org 

Email: apkeating@hotmail.com   See also: www.FrackCheckWV.net

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PUBLIC NOTICE: Proposed ICON 20 Inch Pipeline. Monday, June 8, 2015
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From: WV Department of Environmental Protection, Division of Water and Waste Management

WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S, PUBLIC INFORMATION OFFICE, 601 57TH STREET SE, CHARLESTON, WEST VIRGINIA 25304-2345 TELEPHONE: (304) 926-0440.

APPLICATION FOR COVERAGE UNDER THE GENERAL WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NO. WV0115924

Public Notice No.: SM-16-2015 Public Notice Date: June 17, 2015 (Paper: Wetzel Chronicle).

The following has applied for coverage under the General WV/ NPDES Water Pollution Control Permit No. WV0115924 for this facility or activity:

Appl. No.: WVR310498.  Applicant: ICON MIDSTREAM PIPELINE, LLC, 3130 GRANTS LAKE BLVD, SUGAR LAND, TX 77496

Location: PINE GROVE, WETZEL COUNTY.  Latitude: 39:33:51 Longitude: 80:42:03

Receiving Stream: Fishing Creek/Ohio River

Activity: This application is for the discharge of storm water associated with the construction of a natural gas gathering pipeline to be referred to as the Icon Midstream Pipeline. The project will disturb approximately 115 acres of land during the installation of the 20 inch diameter steel pipeline.  Business conducted: Industrial.

On the basis of review of the application the “Water Pollution Control Act (Chapter 22, Article 11-8(a)),” and the “West Virginia Legislative Rules,” the State of West Virginia will act on the above application.

Any interested person may submit written comments on the site registration permit application and may request a public hearing by addressing such to the Director of the Division of Water and Waste Management within 30 days of the date of the public notice. Such comments or requests should be addressed to:

Director, Division of Water and Management, DEP, ATTN: Sharron Mullins, Permitting Section, 601 57th Street SE, Charleston, WV 25304-2345

The public comment period begins June 17, 2015 and ends July 17, 2015. Comments received within this period will be considered prior to acting on the permit application. Correspondence should include the name, address and the telephone number of the writer and a concise statement of the nature of the issues raised. The Director shall hold a public hearing whenever a finding is made, on the basis of requests, that there is a significant degree of public interest on issues relevant to the site registration permit application and this facility’s coverage under the General Permit. Interested persons may contact the Public Information Office to obtain further information.

The application may be inspected, by appointment, at the Division of Water and Waste Management Public Information Office, at 601 57th Street SE, Charleston, WV, between 8:00 a.m. and 4:00 p.m. on business days. Copies of the application and the General Permit and Fact Sheet may be obtained from the Division at a nominal cost. Individuals requiring Telecommunication Device (TDD) may contact our agency by calling (304) 926-0493. Calls must be made 8:30 a.m. to 3:30 p.m. Monday through Friday.

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Mariner East 2 (+1): Sunoco plans second Pennsylvania pipeline

From an Article by Nick Malawskey, PennLive.com, June 04, 2015

Sunoco Logistics says it is considering doubling-down on its Mariner East II project, potentially adding a second pipeline as part of the overall project.

The Philadelphia-based company said it is still acquiring right-of-way for the Mariner East II project, which it is expecting to go live by the end of next year. Based on interest in the project, Sunoco is now considering building two parallel lines as part of Mariner East II.

The 350-mile long pipeline will run from Ohio to Marcus Hook near Philadelphia, and will transport natural gas liquids for local and international markets.

It will roughly parallel the company’s existing Mariner East pipeline, which has been retrofitted to carry propane from western Pennsylvania to Marcus Hook. Mariner East formerly carried oil and oil-related projects from the coast westward.

Shields said whether or not the company doubles-down on Mariner East II will largely depend on how successfully the company can sell capacity. If there is enough interest, Sunoco could hold an “open season” – in which gas providers contract for capacity, later this year.

“It’s not a done deal, we’re still studying the interest,” he said. (Whether the proposed Shell cracker plant, which would be a large user of ethane, is built in Beaver County is relevant here.)

Building both pipelines at the same time, Shields said, would limit construction impacts on local landowners and communities.

Earlier this year Sunoco Logistics withdrew its petition to the Pennsylvania Public Utilities Commission to be exempted from local zoning rules along the pipeline route. The company can still use eminent domain to build the pipeline, but will have to comply with local rules when building pump stations or other structures.

When completed, Mariner East 2 could carry between 250,000 and 675,000 barrels per day (of natural gas liquids) across the state of Pennsylvania

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See also: “Landowners Form A Pipeline Rebellion In The Deep South”

“I’m trying to protect something that was passed on to me,” said Georgia resident Jimmy Helmly, who opposes the pipeline. “People from away from here, with no ties, just want to make a dollar. I understand. I believe in American capitalism. But why should I sacrifice so you can make billions?” (Jenny Jarvie / For The Times)

See also: www.FrackCheckWV.net