Mountain Valley
Pipeline Update

Mountain Valley
Pipeline Update

The Mountain Valley Pipeline (MVP) is proposed to carry fracked natural gas for over 300 miles through the Virginia and West Virginia countryside, crossing over dozens of water sources, through protected areas and breaching the A.T. corridor. The pipeline would run parallel to the Trail for over 90 miles and carve ugly gashes in the landscape that could be seen from 20 miles away. On October 13, 2017, the Federal Energy Regulatory Commission (FERC) issued a Certificate of Public Convenience and Necessity for the proposed Mountain Valley Pipeline (MVP).

At the same time, the U.S. Forest Service issued a Draft Record of Decision. These decisions were despite clear and vocal concern expressed by state and federal elected officials on both sides of the aisle, despite unanimous resolutions by county and city entities, and despite the dissenting opinion of federal regulator Cheryl LaFleur, who said the need for these pipelines has not been proven. But the pipeline cannot begin construction until necessary water quality permits are issued by the states, and final Section 106 review is complete.

Section 106 requires Federal agencies to consider the effects of their undertakings on historic properties and to provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment. The ACHP is an independent federal agency that promotes the preservation, enhancement, and productive use of the nation’s historic resources and advises the President and Congress on national historic preservation policy.

The Appalachian National Scenic Trail has been determined to be eligible for the National Register of Historic Places as it meets the criteria being associated with events that have made a significant contribution to the broad patterns of our history. The A.T. is significant in the areas of recreation and conservation and meets criteria for properties that have achieved exceptional significance within the past 50 years. Resources eligible for nomination are those that were constructed as part of the effort to develop the Trail and consist of the A.T. footpath, side trails, bridges (built for the Trail), vistas and viewpoints, and overnight use areas.

The Appalachian Trail Conservancy (ATC) and the A.T. National Park Service office have been granted consulting party status to assist the federal government in understanding and addressing potential impacts to the Trail from the proposed Mountain Valley Pipeline. While FERC would like to rush the Section 106 review process, this will not be possible given significant concerns identified by Section 106 consulting parties, including potential impacts to the Trail and a major archeological site on Peters Mountain that lie directly in the middle of the proposed pipeline right of way.

In addition to the Section 106 review, Virginia needs to issue water permits required by the Clean Water Act. Virginia’s Department of Environmental Quality and State Water Advisory Board could stop the pipelines based on serious water concerns. Similar regulatory agencies in New York recently won court cases that challenged their decision not to issue necessary permits for the Millennium and Constitution proposed pipelines. These pipelines are now stalled and may never be built.

States have the right and obligation to enforce regulations under the Clean Water Act. At issue is whether FERC has the authority and technical capacity to make final determinations regarding water quality permits. The ATC does not believe that FERC can legitimately issue water permits based on our experience with FERC through the MVP review process. Numerous partners agree with the ATC on this.

It’s notable that MVP representatives have unabashedly acknowledged the steepness of their route and the extraordinary measures needed to build the pipeline. In their plans, they note that three steeply sloped places “would require up to 10 trailers daisy chained together to move one load of construction materials.” A recent news article quoted an MVP official saying they may need helicopters to get into certain areas.

More than 30 government and non-government agencies around the Roanoke, Virginia area have officially gone on record opposing the Mountain Valley Pipeline. Giles County, the cities of Roanoke and Salem and others have gone on record unanimously opposing the pipeline for the threat it poses to local water through run-off and sedimentation. FERC has also received a remarkably high number of requests for a rehearing on its decision to issue a certificate.