Frequently Asked Questions

I’m concerned about open burning as part of the pipeline project. Is a permit required?

Yes, Roanoke County Fire & Rescue requires a permit. During this process, the burn site will be inspected to ensure compliance. In addition, the fire has to remain attended at all times. Open burning for land clearing operations have special provisions that have to be followed to reduce air emissions (smoke) and include a pit and air curtain incinerator (air blower). Refuse or trash cannot be burned and a means to extinguish the fire has to be available.

When can open burning take place?

From February 15th to April 30th, open burning, including recreational fires, can only be done between the hours of 4 p.m. and midnight so that Department of Forestry guide lines can be met. Between the months of May through September, open burning, with the exception of recreational fires, cannot be done in order to meet DEQ guidelines.

I am concerned about new campgrounds or RV parks associated with the pipeline construction.

In the Roanoke County Code, campgrounds are defined as "Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles and/or tents." The only approved location for living or business purposes for a recreational vehicle is in an approved campground. Any new campground proposed in the AG-1 or AG-3 zoning districts requires a Special Use Permit and must meet the Use and Design Standards outlined in the Roanoke County Code Section 30-85-9.

In addition to local regulations, the Code of Virginia regulates Campgrounds in Chapter 450. According to section 40, Permits, "No person or persons, directly or indirectly shall conduct, control, manage, operate, or maintain a campground or offer campsites for occupancy within the Commonwealth without first making application for and receiving a valid permit from the Health Commissioner for the operation of said camp."

What is the County's role in the construction of the Mountain Valley Pipeline?

Roanoke County will: 

• Maintain a safe, cooperative, lawful work environment between MVP construction employees, affected landowners, and any group in support of or in opposition to the project. 
• Coordinate and release information to the public as it relates to Roanoke County or any mutual aid agency response to an escalating situations involving the pipeline project via media broadcasting outlets and monitor public chatter. 
• Provide an appropriate law enforcement response level to civil disobedience and criminal offenses that may arise. 
• Enforce any judicial order or fire code violation as required by the Code of Virginia.

Is the GIS pipeline viewer an accurate alignment of the pipeline?

We believe so. Our GIS staff has regularly requested up-to-date alignments from MVP in order to provide the most accurate information we can get. However, MVP does have the ability to request minor route changes from the FERC.

Will there be a laydown yard in Roanoke County? 

According to MVP, at this time there are no laydown yards planned for Roanoke County. They are not required by the FERC to tell Roanoke County if they are planning a laydown yard on appropriately zoned land. However, few sites would permit this in the county.

Has Roanoke County added staff to help manage the MVP project?

In October 2017, Roanoke County hired a part-time intern from Virginia Tech. All other staff involved already work for other Roanoke County departments.

Will citizen’s rights to access recreation sites and participate in activities (i.e. hunting, fishing, swimming, etc.) be restricted when construction is underway?

There will be restrictions on what landowners can do during the period of construction following eminent domain orders. Construction and operation logistics will be determined in the judicial order or legal agreements between MVP and property owners.

I am concerned about floodplain affected by the pipeline. Does Roanoke County have maps of the floodplain near the MVP area?

Roanoke County is involved in floodplain-related regulations, however, the County is not aware that the pipeline impacts any delineated or regulated floodplain in that area.

What legal action is Roanoke County involved in?

As Roanoke County is not a landowner it is not involved in any eminent domain cases. Several of our landowners are involved in ongoing litigation and we do follow that with general interest. The Board of Supervisors allowed the County to hire outside counsel to advise staff through this process. Roanoke County has submitted many filings to the FERC and challenged the FERC process whenever possible. When the FERC order was issued the County filed a notice of rehearing (the regulatory way to challenge a FERC filing). This enables the County to participate in certain legal actions, if requested by the Board. The County also filed as an intervener in the process and is a consulting party in the Section 106 process, but has challenged that MVP has not exercised all opportunities to consult with Roanoke County.

Will Fire and Rescue go to nearby homes to check on occupants after emergencies?

As with any emergency, Roanoke County personnel will evaluate the scene at the time of response. Emergency services will be provided to residents or pipeline workers as needed. Fire and EMS personnel are trained for gas leaks and explosions and they will be prepared to handle an emergency situation.

Will there be 24/7 Fire and Rescue on Bent Mountain if this project happens?

There already is 24/7 Fire and Rescue service on Bent Mountain. During daylight hours the station is staffed by paid personnel and during the evening it is staffed by volunteers. We have additional staff available at the Back Creek and Fort Lewis stations depending on the location of an emergency.

Who is responsible for spills affecting our water supply? 

DEQ is responsible for regulating water quality. There will be inspectors on the project to monitor the construction site and pipeline for spills or other impacts on our water supply.

Who should I contact about tree cutting issues, especially if I believe the trees are outside of the MVP easement?

You should file a formal complaint with MVP and the FERC. You are advised to photograph the conditions for documentation.

Is the erosion and sedimentation review complete? If so, what were the results?

Yes. You can see the approved Erosion and Sediment Control and Stormwater Management Plan on DEQ’s website.

Who will monitor the erosion that may occur from this project?

DEQ is responsible for monitoring erosion and sediment. The Roanoke County Board of Supervisors voted not to enter into an agreement with DEQ that would have enabled County staff to coordinate on land-disturbing activities.

What measures will be taken to prevent contamination of the Roanoke River and Spring Hollow Reservoir?

DEQ approved a variety of erosion and sediment measure to protect waterways. You can learn more on DEQ’s website.

Will the County or DEQ monitor the impacts on the rare and endangered species in the pipeline route?

Roanoke County does not have a role in monitoring impacts to rare and endangered species.

Who will be responsible for the environmental degradation that will occur as a result of the pipeline?

In Virginia, it will primarily be DEQ and the FERC.

What are the measures being taken for workers sanitation needs?

MVP will be responsible for providing appropriate sanitation facilities for all of its personnel throughout the project. These plans have not been shared with the County, but the County will coordinate reports of waste management violations with MVP, the FERC and the local health department.

What plans are in place for work stoppage if further archaeological artifacts are exposed?

Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to adhere to very specific requirements if artifacts are found. the FERC will be responsible for regulating any discoveries during construction. Only the FERC has authority to issue stop work orders on the permit.

What guarantees are there for just compensation to owners whose land and lives are impacted?

Private agreements with MVP and the eminent domain proceedings will address just compensation, but Roanoke County is not involved in that.

Is MVP offering money to the County to cover its costs for resources and staff for this project?

No. MVP offered to provide $500,000 for rehabilitation of the former Bent Mountain School as part of the Section 106 treatment plan for the historic districts recognized within the County.

Will MVP be required to repair all of the access roads they use during construction?

The FERC is going to regulate the conditions of all new or existing private access roads impacted during construction. VDOT has regulatory authority over public roads. However, the County is prepared to communicate complaints about road conditions to the FERC or MVP to ensure that roads are passable, conditions do not damage cars and access is maintained for people’s properties.

Who is responsible for protecting the Blue Ridge Parkway?

The Blue Ridge Parkway is managed by the National Park Service, a federal agency.

How will MVP be held accountable for their plans and on what timeline?

The FERC has oversight over the MVP project, in addition to other state and federal agencies, primarily DEQ.

Is the landowner liable if an employee of MVP or contractors is injured within the easement corridor?

MVP is responsible for the safety of its workers.

How will ingress and egress to private property be mitigated during active construction?

MVP has stated that they will work out property access issues with each individual property owner as they arise, including properties that are bisected by the pipeline.

Do private citizens need a permit to demonstrate in opposition/support of the pipeline project?

The County does not have an ordinance regulating picketing or peaceful demonstrations on public properties or rights-of-way, however:

• Parade permits are required in order to restrict or block public roads. If you desire to hold a parade, submit a parade permit application to the Chief of Police.
• If you expect that the gathering will attract 500 or more people, contact the Community Development Department at 540-772-2080 to discuss the process for obtaining a special use permit for an outdoor gathering.
• If you plan on holding a gathering at a public park, you may need to reserve the park facilities.

Where can people demonstrate peacefully in Roanoke County?

• Any publicly-owned park or government-owned property provided that freedom of movement, ingress or egress, or the ability by other persons to conduct business or other lawful activities are not interfered with;
• Persons interested in using a County-owned park should coordinate with the County Department of Parks, Recreation, and Tourism (540) 387-6078 to avoid conflicts with groups who may have previously reserved areas of the park for sporting events, picnics, or other purposes;
• Or along any public road provided that the demonstration does not impede or block the flow of traffic.
• Or on private property (with the owner’s consent) and in public places. However, participants may not obstruct the free passage of others; you may not obstruct vehicular and pedestrian traffic in roads, in parking lots, driveways, etc. without first obtaining a parade permit from the Chief of Police.
  

The County respects people's rights to assemble. What type of behavior is unlawful?

The County always recommends that you are courteous and use good manners. Participants may not threaten or use violence. Title 18.2, Chapter 9, Article 1 of the Code of Virginia sets forth Virginia’s criminal code regarding riot and unlawful assembly. The following actions would violate the law:

• Blocking access to properties, businesses, driveways, public buildings or roads (Roanoke County Ordinance Sections 12-52 and 12-54)
• Interfering with or blocking freedom of movement of persons engaged in lawful activities (Section 18.2-404, Code of Virginia)
• Physical assault (Section 18.2-57, Code of Virginia)
• Inciting violence (Section 18.2-408 Code of Virginia)
• Damaging or defacing property (Section 18.2-137, Code of Virginia)
• Wearing a mask in public (Section 18.2-422, Code of Virginia)
• Failing to disperse if ordered to do so by law enforcement (Section 18.2-407, Code of Virginia)

Please be sure that all trash and rubbish is properly disposed of during and following your event. There should be no unlawful disposal of trash on a public road or on a neighboring property. (Section 13-13, Roanoke County Ordinance)

The Police Department will enforce any court orders and violations of law as required by the Code of Virginia.

How do the police address trespassing?

Roanoke County Police handle trespassing complaints routinely. They generally do not conduct follow-up investigations if the person trespassing is no longer present when officers arrive. If a person is present and officers determine that they are in fact trespassing, officers will ask them to leave. Generally if they leave the officer will not charge them. After this, a citizen may go to the Magistrate to file charges.

Does law enforcement understand the boundaries of where employees of MVP, its agents or contractors can work?

MVP is responsible for clearly showing the boundaries of their easement. Roanoke County Police are not prepared to make judgments on these boundaries in the field. The County’s GIS maps, which show the general location of the easement, are not intended to be substitutes for a professional survey. MVP has stated that it will have professional survey staff on site to help clarify disputes over boundary lines.

Are Fire and EMS personnel receiving specific training to respond to leaks and explosions?

Not for the MVP project specifically. Roanoke County Fire and EMS personnel are already trained to respond to gas leaks and explosions; they undergo training on an annual basis. Roanoke County is also part of the Virginia Department of Emergency Management phone task force and has partners in the City of Roanoke and the City of Salem for hazmat response.

What can be done about construction workers speeding/driving recklessly?

The Police Department will continue to conduct patrols and speed enforcement in areas affected by construction traffic just as it does elsewhere in the County, to include concentrating enforcement efforts in areas where crashes and violations increase. Enforcement of traffic laws will be objective and fair.

Virginia is an open carry state. Can I bring my firearm to a demonstration? Can I bring a non-firearm weapon for self-protection?

Firearms may be worn openly by anyone who may lawfully possess a firearm. Firearms may be concealed by persons who have a concealed weapons permit.

Persons carrying firearms which are pointed at anyone or carried in a manner that intimidates or causes fear may be arrested for brandishing a firearm. (Section 18.2-282, Code of Virginia)

Brandishing a machete or any bladed weapon 12 inches or longer may result in arrest. (Section 18.2-282.1, Code of Virginia)

Section 18.2-308 of the Code of Virginia also lists a variety of weapons which may not be carried concealed.

Will MVP’s security personnel carry firearms?

MVP has stated that carrying firearms is not permitted for any of their private security agents.

Will Roanoke County police officers be allowed to moonlight as extra security for MVP?

No, police officers will not be permitted to serve as security for MVP.

Will County Police Officers be guarding pipeline construction equipment?

No. MVP and their contractors will be responsible for the security of their own property. It is our understanding that there may be 24/7 security on site.

How will MVP handle the crossing of public roads?

MVP has indicated that they plan to bore under all four public roads crossed by the pipeline. They will use a special crew to handle road crossings.

How are school buses going to get up and down Bent Mountain if roads are clogged by construction traffic?

MVP has expressed their intention to work with the County to avoid interfering with school buses, trash trucks, and other vehicular traffic. Some restricted width due to parking is probably inevitable but vehicles that unreasonably impede traffic may have to be removed.

Will construction affect my trash schedule?

Trash schedules will be provided to MVP in order to prevent delays in trash pick-up.

Who is responsible for cleaning up after a public event? 

Anyone who holds a public event should be sure that all trash and rubbish is properly disposed of during and following the event. There should be no unlawful disposal of trash on a public road or on a neighboring property. (Section 13-13, Roanoke County Ordinance)

What measures will be used to monitor, offset, or clean up any water contamination during and after construction? How will sediment levels be monitored? 

DEQ is responsible for monitoring erosion and sediment. The Roanoke County engineer and his staff reviewed the review that DEQ did for E&S plans. County staff made a number of comments back to DEQ. However, the Roanoke County Board of Supervisors voted not to enter into an agreement with DEQ that would have enabled County staff to coordinate on land-disturbing activities.

What if it is determined that water is no longer safe? Who will be held accountable?

Roanoke County does not provide water to anyone; the Western Virginia Water Authority is the public water supply and they have to meet water quality requirements for the water they provide to their customers. MVP is ultimately responsible for any damage that it causes to public and private water supplies, and the FERC should hold them accountable. Impacts to wells and springs are regulated by both the FERC and DEQ.