Eight Rivers Council Update for October 2016

PREFACE

Eight Rivers Council is one of many regional organizations resisting the proposed Atlantic Coast Pipeline. This may be why some of you are receiving this update. However, from its inception Eight Rivers Council has supported other issues that impinge upon the protection and enhancement of our region’s amazing ecology, scenery, water, and rural life. This larger vision is why Eight Rivers Council has for the past few elections sent to county commission candidates a questionnaire on a range of issues related to our mission. This year’s questionnaire, originally sent out during the spring primary season, is on our website as well as in the attachment accompanying this email.

Some Notes on the Proposed Atlantic Coast Pipeline

The November 12 Pipeline Summit at Natural Bridge Hotel and Conference Center near Lexington, Virginia, is fast approaching. This very important meeting, co-sponsored by the Allegheny-Blue Ridge Alliance (ABRA) and the Protect Our Water, Heritage, Rights (POWHR) coalition, will provide a unique opportunity to catch up with the latest developments in the fight against the proposed Atlantic Coast Pipeline and the Mountain Valley Pipeline and to spend quality time exchanging ideas and strategies with other attendees form West Virginia, North Carolina and Virginia who are engaged in the battle against these unneeded projects. REGISTER at the website This Pipeline Summit will run from 10 am to 4 pm and include sessions on “current state of things regarding pipelines;” a panel on (what will have just been had) 2016 election effects upon environmental and pipeline issues; Property Rights including Eminent Domain (which is becoming a major national issue); and Improving Grassroots Movement Effectiveness. Several from our area will be attending.

Just to reiterate, excellent weekly updates on resistance to the proposed Atlantic Coast Pipeline are available on the Allegheny-Bluegrass Alliance (ABRA) website at You can also see an archive listing of all these posts at our own website, or linked on the upper right on our home page at

Do you want to see where the current proposed pipeline route AND extensive access roads are planned? The Dominion Pipeline Monitoring Coalition has this online interactive map. Just zoom in.

What’s going on with the ACP?

For one thing, the proposed Mountain Valley Pipeline (MVP) south of our area is in the Draft Environmental Impact Statement (DEIS) comment period. Legal challenges and citizen challenges are mounting. Supporting the MVP resistance give us ammunition to fight our own DEIS on the ACP that is expected around December.

The US Forest Service is pushing back on concerns about erosion, sedimentation, and stream crossings. A request for specific plans to deal with high-hazard locations on or near National Forest lands along the proposed Atlantic Coast Pipeline (ACP) was submitted by the National Forest Service (NFS) on October 24. The submission to the Federal Energy Regulatory Commission (FERC) noted that the ACP “would cross some very challenging terrain in the central Appalachians” and that the route traverses “steep slopes, presence of headwater streams, geologic formations with high slippage potential, highly erodible soils, and the presence of high-value natural resources downslope of high hazard areas” that “are exacerbated by high annual rates of precipitation and the potential for extreme precipitation events.”

The NFS letter notes that “similar hazards on other smaller pipeline projects in the central Appalachians have led to slope failures, erosion and sedimentation incidents, and damage to aquatic resources” and that the agency “is concerned that crossing such challenging terrain with a much larger pipeline could present a high risk of failures that lead to resource damage.” [MY NOTE: Steep-sloped private property lands would face similar concerns]

FERC seems to be pushing ACP on some of the issues raised during the scoping meetings and comments citizens and groups have raised. This includes water crossings, karst, landslides, and other matters. ABRA updates provide more details.

The West Virginia Department of Natural Resources is pushing back some against the MVP on the 401 certification required by the federal Clean Water Act. Again, this may serve as a template for ACP resistance. However, the MVP opposition needs all hands on deck. Comments may be filed anytime on the 401 Permit for construction.

Those who wish to communicate further views to the Federal Energy Regulatory Commission are urged to write to FERC, indicating you are commenting upon Docket No. CP15-554, as follows:

Electronically:

U.S. Mail: Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission

888 First Street, NE

Washington, DC 20426

The office of the Monongahela National Forest is in Elkins. Express your concerns
Mr. Clyde Thompson, Supervisor

Monongahela National Forest, USFS
200 Sycamore Street
Elkins, WV 26241
304-636-1800

Be sure to send copies to your Congressman, United States Senators, governor, legislative representatives, and county commissioners. They need to hear what you think of the proposed Atlantic Coast Pipeline.

Birthplace of Rivers National Monument Update

Eight Rivers Council is a long-time supporter of the proposed Birthplace of Rivers National Monument, consistent with its mission to preserve and protect its precious headwaters through community action and education. On October 13 Friends Of The Monument held a well-attended Fall Fling at the Pretty Penny in Hillsboro to write letters in support of the proposed Birthplace of Rivers National Monument. This proposed national monument would be entirely on existing national forest land, and according to two different letters to the Pocahontas County Commission in 2012 and 2013 from the Thomas Tidwell, head of the U.S. Forest Service, all existing hunting, fishing, and access regulations currently in effect on these lands should continue with monument designation. Landscape monuments such as this proposal are widely supported across the nation, our state, and most of our region such as Richwood(which could use the potential economic value to build back from the disastrous flood). Civil dialogue between local Pocahontas supporters and vocal opponents, chaired by someone like Senator Manchin or our congressman, could be fruitful in clarifying motives, issues, and misunderstandings.

Several legislative attempts have been launched in Congress over the past couple of years to transfer federal lands to states. These are likely veiled attempts to exploit the weakness of some states to regulate extractive or polluting activities on public lands, and potentially for states to sell off public lands to private hands.

The Upcoming Election

During last spring’s primary election season, Eight Rivers Council invited all aspiring candidates for the office of Pocahontas County Commission to respond to a questionnaire that was put together by a committee after soliciting potential questions from our email list. All but one candidate responded. After primary season, a new candidate entered the race, and subsequently responded to our questionnaire. More recently the three candidates, Mr. Jamie Walker (incumbent), Mr. Jesse Groseclose, and Mr. John Leyzorek, were invited to update or revise their earlier comments if they so chose. Mr. Leyzorek did modify some of his response. Mr. Groseclose acknowledged receiving the invitation but kept his earlier response. Mr. Walker has never responded to our questionnaire.The updated questionnaire is on our website at See attachment as well.

As for attendance at Eight Rivers Council-related meetings, Mr. Groseclose attended the March 2016 information meeting on the ACP held at Linwood to learn. Mr. Groseclose also attended the Friends of the Monument meeting in October in Hillsboro to listen and discuss. Mr. Leyzorek attended the March 2016 information meeting on the ACP at Linwood and the October 6 meeting at Linwood where he spoke against the ACP on grounds of its abusing eminent domain. Mr. Leyzorek has also spoken against the ACP at county commission meetings. He is a registered intervenor to FERC on the ACP. Incumbent County Commissioner Jamie Walker has not attended any Eight-Rivers supported events. Mr. Walker is outspoken against the proposed National Monument, and takes a position of property owners’ right to choose involving pipeline access leasing. Mr. Walker favors the original proposed pipeline route going through northern Pocahontas County rather than the current proposed route.

Eight Rivers Council doestake positions on issues but does not endorse candidates. Obviously many factors go into voting for a candidate beyond the issues that Eight Rivers Council highlights.

--Allen Johnson
Eight Rivers Council
October 31, 2016