PDF of the report.
Introduction
In our August report we compiled a number of case studies and examples from the most egregious violations. Since that report we have continued to compile citizen monitor surveys using Survey123. Additionally we have volunteers collecting aerial data through drones and piloted aircraft. An aerial image review process is now in place to process any flight data that is recorded. As volunteers get more comfortable with evaluating aerial images, we will submit these on a more regular basis.
Monthly Citizen Reports
Since our previous report to the Water Control Board, a total of 165 citizen submissions have been compiled in our database as of 12/5/2018. Volunteers have consistently documented overwhelmed erosion and sediment control devices throughout every county in Virginia. Figure 1 shows incidents reported in the Mountain Valley Watch Dashboard from 8/14/2018 – 12/5/2018.
Highlighted Recurrences
A review of areas having recurrent issues shows locations continue to see erosion and sedimentation issues. Piloted flights on September 18th, October 12th, and November 11th reveal a number of incidents. The next sections will highlight specific locations along the route, sometimes with additional field support pictures to give a more complete overview of the potential incidents observed.
October 12, 2018
A flight from 10/12/2018 reveals a number of issues.
Figures 12 – show water flow directions in relation to the Mountain Valley Pipeline construction LOD,
Figure 13 shows an aerial basemap prior to construction,
Figure 14 shows a shaded relief as a basemap, and
Figure 15 shows the imagery from the 10/12/2018 flight.
Locations all along the pipeline have clay rich soils. Full catchment basins at the edge of the LOD take much longer to drain in clay rich soils, so each successive rain event causes the basin to overflow and overwhelm adjacent E&S controls. The result is sediment laden ponds on adjacent landowners properties as seen by the tan color of the two ponds shown.
November 11, 2018
Figures 16 through 37 show sediment flow paths from the MVP construction ROW and wetland areas near streams. These identifications have been validated with site visits to the properties or adjacent properties. Figures 13 thru 24 show a sequence of images in Franklin county, east of Route 220, identifying flow paths to nearby streams.
Regulatory Reported Incidents
Responses from agencies:
West Virginia Department of Environmental Protection has issued 19 Notices of Violations (NOVs) for the Mountain Valley Pipeline.
On July 9, 2018, the Virginia Department of Environmental Quality (DEQ) issued a Notice of Violation (“NOV”) to MVP citing violations identified during the May and June complaint investigations and inspections. Virginia DEQ documented 40 incidents of erosion problem areas between 8/17/2018 and 10/25/2018 in the PREP incident reports database for the MVP. The majority of problems recorded were sediment runoff, overwhelmed E&SC, failure to maintain erosion control devices, and sediment leaving the pipeline right of way.
Conclusion
The purposes of the State Water Control Law are to:
(1) protect existing high quality state waters and restore all other state waters to such condition of quality that any such waters will permit all reasonable public uses and will support the propagation and growth of all aquatic life which might reasonably be expected to inhabit them;
(2) safeguard the clean waters of the Commonwealth from pollution;
(3) prevent any increase in pollution; and
(4) reduce existing pollution.
The Commonwealth has developed a regulatory framework designed to minimize the environmental impact associated with land disturbing activities that imposes strict requirements on entities in advance of engaging in any such activity and continuing until land disturbing activity is complete and permanent stabilization is achieved.
However, the release of sediment and sediment laden stormwater off of the MVP right of way onto adjacent private property and into surface waters of the Commonwealth has occurred numerous times as documented by MVW volunteers and DEQ inspectors. Numerous instances of inadequate stabilization in violation of Minimum Standard 1 and instances of inadequate stabilization in violation of Minimum Standard 2 were documented by MVW volunteers. The numerous observations over a long period of time constitute violations of MVP’s Annual Standards and Specifications, MVP’s Site Specific ESC and SWM Plans, the State Water Control Law, the Virginia Stormwater Management Act, the Erosion and Sediment Control Law, and Section 401 Water Quality Certification issued to MVP.
Therefore, the Section 401 Certificate should be revoked immediately until the MVP is in compliance with the State Water Control Laws, the Virginia Stormwater Management Act, the Virginia Erosion and Sediment Control Law, and the Board’s regulations.