The Virginia Department of Environmental Quality (DEQ) issued a Notice of Violation (NOV) to Atlantic Coast Pipeline, LLC (ACP) on March 16, 2018, for failing to maintain adequate limits of disturbance during tree felling operations in violation of Virginia’s State Water Control Law. These limits forbid work within buffer zones to protect stream and wetland crossings during pipeline development, and are instrumental to the protection of Virginia’s environment and natural resources.
The NOV identifies violations on 15 separate sites resulting in an estimated 0.84 acres in impact to wetlands and streams.
“DEQ is watching pipeline activities closely and expects full compliance with all conditions,” said David K. Paylor, Director. “We will not hesitate to initiate enforcement actions like this to make sure the project complies with good environmental standards.”
The NOV requires ACP representatives to contact DEQ within 10 day to discuss how to remedy the situation and explain how they will prevent future violations. While limited tree felling is allowed, the activity cannot impact riparian areas. Furthermore, land disturbance cannot begin until all of the erosion and sediment and stormwater control plans required for all sections of the project are approved by DEQ.
“The agency’s review of the project has been the most thorough in the history of the Commonwealth, and the enforcement will be as rigorous,” said Director Paylor.
The issuance of an NOV is the first step in triggering enforcement action by DEQ. Enforcement actions are frequently resolved with payment of a civil charge and required action to correct the violation. A copy of the NOV can be obtained on DEQ’s webpage www.deq.virginia.gov.
The 600-mile underground Atlantic Coast Pipeline originates in West Virginia and travels through Virginia and North Carolina. The pipeline is being developed jointly by Dominion Energy, Duke Energy, Piedmont Natural Gas and Southern Company Gas. Though the Federal Energy Regulatory Commission has independent authority over many of the procedures related to federal pipeline development, DEQ is able to exercise enforcement authority over many aspects of the project.