11 Dominion Transmission, Inc
445 West Main Street
Clarksburg, WV 26301
July 19,2001
VIA CERTIFIED MAIL
James E. Williams II
PO Box 4082
Central Park Grand Central Station
New York, NY 10163
Subject: DG-lLL-B0577.10, DG-1LL-B0579, DG-1LL-BAR0579 and DG-1LL-B0579.20
Dear James E. Williams II:
Greenbrier Pipeline Company, LlC (owned by Dominion Greenbrier, Inc.) proposes to construct a 30" diameter natural gas pipeline beginning in Kanawha County, West Virginia, extending in a southerly direction through Virginia and ending in Granville County, North Carolina. This project will supply natural gas service for residential, commercial and power-generation uses.
Dominion Transmission, Inc., a company that has its roots in West Virginia and has operated here for over 100 years, will be coordinating this project on behalf of Greenbrier Pipeline Company, LLC.
Our land agents have recently been in contact with you to request your permission to enter your property to perform surveys on your land. To date, you have denied permission. I would like to take this opportunity to explain the survey process.
We anticipate being in your area for surveys beginning July 23,2001. The survey of your property will help us find the most appropriate route for the pipeline and give us the ability to gather information required by the federal government as part of its review of the pipeline proposal. The first step will be for a contract survey crew to mark or "flag" the anticipated right of way. Some time later -- perhaps as much as several weeks – a traditional survey crew will pinpoint the route using transits and other surveying equipment. Accompanying this crew or shortly behind it will be technicians who will study the proposed route for any historical or archeological significance, endangered species, soil types, and other similar conditions. This process will require a number of visits to your property by several different groups of surveyors and other technical personnel. These visits will occur over a period of time, during which either flags or ribbons will remain in place to mark the route.
During this process, there may be very minor earth disturbance during the search for historical artifacts. Any such disturbance will be promptly refilled and repaired. Our surveyors may also need to clear pathways through brush or other growth. Although we expect no damage to your property, Dominion will reimburse you for any reasonable damages caused by the survey process.
Please be aware that allowing access for survey purposes does not mean you are allowing access for construction of the pipeline. At a later date, we will seek a separate easement agreement from all affected property owners prior to construction.
We hope that this explanation answers your questions about the survey process. West Virginia recognizes the importance of survey access in the planning of public pipeline projects such as the Greenbrier Pipeline and West Virginia Code Section 54-1-3 specifies that entry onto lands to survey is allowed as a matter of law.
Thank you in advance for your cooperation. We will make every effort to contact you before we actually begin surveying on your property. If you have any questions in the meantime, feel free to call Ramona Kanouff, Dominion’s right-of-way coordinator for the West Virginia portion of the Greenbrier Pipeline. She can be reached at 724-468-0549.
Very Truly Yours,
[signed]
Russell W. Johnson Manager, Land and Right of Way
James E. Williams II
P. 0. Box 4082
Grand Central Station
New York NY 10163-4082
August 3,2001
Via FEDEX Overnight Delivery
Russell W. Johnson Manager,
Land Right of Way Dominion Transmission, Inc.
P. 0. Box 2450
445 West Main Street
Clarksburg, West Virginia 26302-2450
Re: Your File: DG-ILL-BO577.10, DG-ILL-BO579, DG-ILL-BARO579 and DG-ILL-BO579.20
Dear Mr. Johnson:
I am in receipt of your certified letter dated July 19, 2001. I am the owner of the tracts of land Dominion Transmission, Inc. has apparently referenced, with the above file numbers and a planned construction of a high-pressure 30-inch gas pipeline.
In your letter you state:
Our land agents have recently been in contact with you to request your permission to enter your property to perform surveys on your land. To date, you have denied permission.
This statement is simply not true. Neither I, nor any other individual(s) has had any personal contact with you or any agent or employee of Dominion Transmission, Inc. concerning entry to these land tracts.
Your letter further states that agents or employees of Dominion Transmission, Inc. will perform, in a number of visits, to the above referenced property and engage in minor earth disturbance. . . clear pathways through brush or other growth.
Please be advised that the purpose of this letter is to inform Dominion Transmission, Inc. its agents, and all others associated therewith, that NO permission will be granted to enter upon, in anyway, the 500, plus acres referenced by your letter of July 19,2001.
Please be further advised, that the land tracts referenced contain a very significant ecological system encompassed in an elevation from over 4000 feet above sea level down to 2400 feet, all in less than a one-mile distance. This biomass has remained wild, unmolested, and un-timbered for well over half a century , sheltering enormous populations of insects, birds, snakes, lizards, and shelled snails. Underlying this parcel is a vast underground limestone aquatic spring network transporting millions of gallons of crystal pure water. Any blasting ("land contouring"), heavy earth moving equipment, and herbicide use will destroy this fragile system, polluting scores of miles of underground water along with unique and irreplaceable habitats.
Upon these tracts, the under story plant growth is so thick and luxuriant a line of sight would have to be made by "machete" (clear pathways through brush or other growth ). Any entry upon this fragile system to "machete" will result in extensive damage, loss of unique habitats, and loss of insect, plant, and animal life, a unique and irreplaceable treasure of the People of the State of West Virginia, which money will not compensate.
A thinly veiled threat in a reference to West Virginia Code Section 541-3 does not grant a corporation the right to intimidate property owners, violate Federal and State Constitutional guarantees, or to damage and destroy irreplaceable environments. Nor does it grant Dominion Transmission, Inc. entitlement to engage in conduct, although stated and alleged, to survey for the very thing that will be harmed in its quest to discover the significance of a site that stands in the way of financial gain for Dominion Power. This self-dealing is a blatant conflict of interest, since Dominion Power, through its various subsidiaries, is paying for the very surveys that stand in the "right of way" of its plan to increase economic earnings.
Notice is hereby further given that others and I will bring before Federal and State courts, Federal, and State agencies, including the Federal Energy Regulatory Commission, all laws made and provided, to defend and protect from harm all the life existing on these land tracts. In addition, the media, both here in New York and in West Virginia, will certainly document and publicize the conduct of Dominion Power, Dominion Transmission, Inc., Dominion Greenbrier, Inc., Greenbrier Pipeline Company, and their agents, and collective scheme that puts profit above preservation of our environment. A 200 mile long pipeline, flowing with dollars, cutting a corridor of destruction that will decimate some of America’s most pristine and remote wildness, annihilate thousands of micro habitats, millions of tons of plant biomass, and contaminate hundreds of square miles of ground water .
No army of any enemy could do more damage.
Very truly yours,
[signed]
James E. Williams II
ûû