Cumberland Park Project

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Giles County Fly Ash Site

Contents

Overview

In early August of 2007, the citizens of Giles County were informed of plans for American Electric Power (AEP) to construct a Coal Combustion Byproduct (CCB) disposal site on the banks of the New River near Narrows, Va. The site selection for the project lies on a 100-year floodplain, Cumberland Park. The financial support for the project will be completely covered by AEP. The engineering designs have been created by Draper Aden Associates. The project is owned by the Giles County Partnership for Excellence. Such close proximity to a floodplain raises the risk that heavy metals and other potentially toxic chemicals in the waste will leach into the groundwater or enter the river during catastrophic failure. Although lax regulations by the EPA fail to classify Fly Ash and CCBs as hazardous waste, numerous cases exist in which buried CCBs have leached into and poisoned the groundwater of surrounding communities. Furthermore, while disposal of fly ash would typically require landfilling with a protective liner and extensive site monitoring equipment, AEP is bypassing such precautionary regulations through a commonly used loophole that classifies the waste as "beneficial use." Complicit in this arrangement is the Giles County Partnership for Excellence, headed by Howard Spencer (also of the Giles County Board of Supervisors). Following site evaluation by Draper Aden for AEP, the Giles County Partnership purchased the land now known as the Cumberland Park. Although the Giles County Partnership has only vague plans for commercially developing the site, such arrangement permits AEP's disposal of toxic chemicals on the banks of the New River to be considered "beneficial use".

In response to these actions the Concerned Citizens of Giles County community group was formed, asking that a halt be placed on construction of the proposed fill site (set to begin as early as October 25, 20007) until the public has the chance to be informed of the potential dangers associated with such a project and respond to the DEQ.

An important subject related to the Cumberland Park Project is sustainable development. One of the reasons for the project is to create 15 jobs in Giles County. There is not a problem with creating jobs, but it's important to do so in a responsible and effective manner. Sustainable development addresses these issues and provides solutions for a better type of growth.

Timeline

  • 10/02/07 Concerned Citizens of Giles County Meeting: The meeting included presentations by Dr. William A. Hopkins, an associate professor at Virginia Tech who has spent the past 13 years studying coal wastes in the local area; Barbara Diess, a victim of a flyash flood caused by a similar scenario in Pennsylvania; George Santucci, Executive Director of the National Committee for the New River; and Karita Knisely, a resident of Pulaski County with experience fighting flyash desposal in the forest service. A detailed account of the meeting is located here.
  • 10/04/07 Board of Supervisors Town Meeting:
  • 10/09/2007 Meeting Between DEQ and Board of Supervisors: The purpose of this meeting was for the board to hear presentations from the DEQ about the Cumberland Park Project approval process. They also heard from Giles County Partnership for Excellence (owner of land) and developer of the project. They asked questions of both DEQ and GCPE. The public (about 60 in attendance) could observe but was not allowed to ask questions. DEQ gave out a handout which summarized their presentation. Basically they described the regulatory requirements and how this application met those requirements. GCPE provided certification from the local government, i.e. Giles County, that the site complies with local ordinances. The board members expressed some frustration that there wasn't anything they could do to stop it. They stated they consulted legal consul about this and they agreed. However, someone from the audience shouted that he had consulted legal consul as well and said his legal consul said they could stop the project.
  • 10/18/07 Board of Supervisors Town Meeting: Among other business, the Giles BOS heard public comments on the Cumberland Park Project. About 30 people spoke against while only about 10-12 spoke for, almost all employed by AEP, GCPE, or the engineering firm on the project. Chappy Baker, supervisor, made a motion to demand that AEP and GCPE stop the project but the motion was not seconded. Richard McCoy made a motion to ask GPCE not to dump any ash until after November 15. The motion was seconded and passed with Howard Spencer, president of GCPE and chairman of BOS, abstaining. Eric Gentry said this was good since they needed to hear from the "other side" of project even though the board did not attend the Oct. 2 meeting.
  • 10/25/2007 DEQ Set to Approve AEP's Permit:Our best bet is to stop the project before this date!

Take Action!

  1. The quickest and most certain remedy to stop and cancel this ill-advised project is to convince at least three of our supervisors to pass a motion for the Giles County Board of Supervisors to send a letter to AEP requesting their voluntary cancellation of this project. If AEP refuses to furnish the Fly Ash and Bottom Ash for transport to the Cumberland Park site then the project dies a quick death. The supervisors can quote the Giles County Comprehensive Plan as one reason for this project to be cancelled. This project isn't in compliance with, nor does it compliment the intent of the Comprehensive Plan to preserve our natural resources, such as the New River, our ground water, and other elements of our environment and our ability to recreate and have a healthy existence within Giles County by way of using these God-given resources without them being contaminated with toxins generated and introduced by man.
  2. If you have graduate degrees in the areas of geology, hydrology, and soil science please participate in the discussion. These efforts must occur prior to October 25 to allow enough time for DEQ to be notified of actual findings of concern that give sufficient cause for this project to either be delayed, pending additional research and evaluation, or immediately cancelled by way of DEQ not approving the project application for good cause.
  3. Well organized effort to promote maximum attendance at the next meeting of the Giles County Board of Supervisors October 18, 6:30 PM. Every attendee should signup to speak at the meeting. This will be our last public opportunity to address these five supervisors with our legitimate concerns about this ill-advised project and our sincere plea for their immediate endorsement of the recommended letter being sent from the BOS to AEP requesting their voluntary cancellation of this project.
  4. Organize a New River Flotilla that includes several hundred people/boats, canoes, rafts, and any other means of floating safely down the New River to the Cumberland Park site and then later on down to AEP at Glen Lyn to peacefully protest this project. We can get maximum media overage of an activity such as this, including West Virginia media, to take our message into the homes of people throughout Virginia and West Virginia. We should encourage the media in our area to promote national coverage of this activity. We can make cloth sails with written messages that can be read from the shoreline and perform a media blitz to draw attention to this activity prior to, during, and after its conduct.
  5. We can discuss and entertain seeking a legal injunction against AEP and the GCPE to either delay or cancel this project. This is another action that must take place prior to October 25 and that will be very difficult due to the amount of time to get this case on the court docket. Possibly, our attorney could get a temporary emergency injunction preventing DEQ from approving the project application by October 25 to allow enough time for this case to get on the docket and be heard by the appropriate jurisdictional judge.

Groups Involved


Additional Resources

CCB Literature Review

References

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