Don’t let MVP bore through valuable wetlands and streams!

Mountain Valley Pipeline (MVP) is now requesting to use trenchless crossings (boring) at 120 locations, to cross 181 waterbodies and wetlands that FERC originally approved as open-cut (trenched) crossings.

MVP asserts that these changes will “not result in impacts outside of the previously reviewed and certified workspace, will not affect any new landowners, and will not require changes in land requirements.” They allege that this application would have “minimal, if any, environmental impacts beyond those that have already been assessed and approved by the Commission” (FERC). But MVP has neither analyzed nor disclosed the environmental risks associated with boring underneath waterbodies.
Concerningly, within this request MVP writes that if they encounter “unexpected conditions” that may prevent them from boring, or a bore failure, they want to be able to revert back to open-cut (trenching) methods without any new review, analysis, or public involvement. This is an enormous “fine print” request and essentially gives MVP free rein to do what is easiest for them, on the fly, without public or professional input.
The request does not include any supplemental environmental analysis. The public comment and intervenor deadline is incredibly short, poorly publicized, and allows an insufficient amount of time to review the large number of impacted crossings. MVP again claims that the pipeline is 92% complete, but analysis of construction compliance reports submitted by MVP to FERC shows it is actually closer to 51 percent of the project route completed to “final restoration,” with some of the steepest and most difficult terrain, including the requested 120 bore sites remaining.
This request further circumvents existing or vacated permits. Multiple requests by Intervenors for a Supplemental Environmental Impact Statement for this project in response to granted variances have gone unanswered by FERC. It is unclear procedurally how approval of this amendment would factor into the remainder of the route, because of MVP’s request for individual stream crossings, and the missing Nationwide 12 permits for the Huntington and Norfolk Districts

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MVP has a history of non-compliance with their dewatering structures for borings and has received two notices of violations from the WVDEP for improperly installing and operating dewatering devices, causing sediment-laden water to enter streams, a violation of WV water quality standards. This long history of past violations suggests MVP will not uphold environmental protections needed to preserve groundwater, endangered species, water quality, and soil health. FERC should not approve MVP’s request until all potential impacts have been studied in a detailed, site-specific manner and all contingencies have been evaluated and accounted for. Also, I strongly oppose MVP's request for FERC to rule on the application by June 17. That is clearly not sufficient time to evaluate the impacts at so many crossings and to sufficiently involve the public in the decision making process.

MVP’s claims that the pipeline is 92% complete are misleading. Analysis of construction compliance reports submitted by MVP to FERC shows it is actually closer to 51 percent of the project route completed to “final restoration,” with some of the steepest and most difficult terrain still unfinished, including the requested 120 bore sites remaining.

MVP’s amendment request for their FERC Certificate would change 181 water crossings at 120 locations.  MVP should not be allowed to get around the Clean Water Act and court decisions to stay their existing permits. The Environmental Impact Statement process that MVP was required to undergo in order to receive their Certificate does not consider the impacts that conventional boring would have on these streams and wetlands. Therefore, a Supplemental Environmental Impact Statement is necessary.

MVP has not demonstrated a track record of construction practices that are in line with environmental protections, and cannot be trusted to perform these risky boring methods through fragile streams and wetlands. Conventional boring is a risky process that is not suited for longer crossings and requires certain subsurface soil and geologic conditions and suitable topography. MVP has not demonstrated that wetlands and stream crossings in steep terrain with karst geology are safe for conventional boring. MVP has a history of non-compliance with their dewatering structures for borings and has received two notices of violations from the WVDEP for improperly installing and operating dewatering devices, causing sediment-laden water to enter streams, a violation of WV water quality standards. This long history of past violations suggests MVP will not uphold environmental protections needed to preserve groundwater, endangered species, water quality, and soil health. FERC should not approve MVP’s request until all potential impacts have been studied in a detailed, site-specific manner and all contingencies have been evaluated and accounted for. Also, I strongly oppose MVP's request for FERC to rule on the application by June 17. That is clearly not sufficient time to evaluate the impacts at so many crossings and to sufficiently involve the public in the decision making process. MVP’s claims that the pipeline is 92% complete are misleading. Analysis of construction compliance reports submitted by MVP to FERC shows it is actually closer to 51 percent of the project route completed to “final restoration,” with some of the steepest and most difficult terrain still unfinished, including the requested 120 bore sites remaining. MVP’s amendment request for their FERC Certificate would change 181 water crossings at 120 locations. MVP should not be allowed to get around the Clean Water Act and court decisions to stay their existing permits. The Environmental Impact Statement process that MVP was required to undergo in order to receive their Certificate does not consider the impacts that conventional boring would have on these streams and wetlands. Therefore, a Supplemental Environmental Impact Statement is necessary.

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