A formal request has been filed with FERC, seeking an investigation of potential violations by ACP of the Commission’s Certificate and Virginia’s water quality certification. Aerial photographs taken by members of the Pipeline CSI air force 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. See CSI Incident Report (20180313 MP158).

Apparent equipment staging area and new or reconstructed road and bridges observed during Pipeline Air Force surveillance flights. (Click image for higher resolution.)

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.

We have asked that the Commission report on its investigative proceedings and findings to us and the public and that it not invoke regulatory provisions to keep this information from citizens.

A copy of the submission to FERC can be accessed here.