THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, September 23, 1995 TAG: 9509230253
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: STAFF REPORT
LENGTH: Short : 40 lines
The federal judge who has delayed construction of the Lake Gaston pipeline for the past two months gave himself another 10-day extension Friday.
U.S. District Judge Thomas F. Hogan will decide by Oct. 2. whether to allow construction to begin or permit North Carolina to use the U.S. Coastal Zone Management Act to block the project.
Hogan has said he will probably side with Virginia Beach because North Carolina must meet a higher burden of proof under federal law.
If Hogan does side with the Beach, the final Gaston permit will be issued and an injunction that has blocked construction of the 76-mile pipeline since 1990 will automatically dissolve.
The Federal Energy Regulatory Commission gave Virginia Beach a permit this summer to begin construction once Hogan's stay is lifted. North Carolina has challenged that permit and requested the commission to rehear its arguments against the pipeline.
The commission has until Monday to decide whether to listen to Carolina again or stick with the conclusions of its yearlong study, which found the pipeline would do no significant harm to the environment.
North Carolina and many residents, businesses and communities along the Roanoke River which feeds into Lake Gaston, have opposed the pipeline, fearing that they will be deprived of water if Virginia Beach, Chespeake and other Hampton Roads cities are allowed to tap the river.
Virginia Beach, which buys all its water from Norfolk, has fought for nearly 13 years to build the pipeline. Chesapeake, a one-sixth partner in the project, hopes the pipeline will provide its residents with better-tasting water.
KEYWORDS: WATER SUPPLY PLAN LAKE GASTON PIPELINE by CNB