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Middlesex man believes Dominion Energy to blame for flooding on his property

Middlesex Flooding Dominion 3.png
Posted at 11:29 PM, Apr 22, 2021
and last updated 2021-04-23 06:30:41-04

MIDDLESEX COUNTY, Va. -- A Middlesex County man reached out to the CBS 6 Problem Solvers regarding extensive flooding on his property that he believed was caused by recent Dominion Energy activity.

On the land his grandfather purchased in 1946, just off the Rappahannock River, Wayne Toney said he's experiencing a problem he hasn't in 33 years.

"Water was everywhere," said Toney.

From May through August, Toney said Dominion Energy crews had pallets on his land as part of an easement as they worked to install communications fiber on the lines. But Toney said the trouble came several months later.

On four different occasions, beginning in the Fall, Toney said there had been flooding on his land in the area where Dominion Energy crews had been doing their work. Most of it, was in an area just adjacent to the work -- in Theodore Kenyear's yard.

"My wife has already renamed it the Tappahannock," said Kenyear, with a laugh. "I’ve been here for over 20 years, and I’ve never had my backyard to flood at all."

Toney said he had reached out to Dominion Energy, and they had denied liability, but offered an appeasement of about $1900. An amount Toney said, based on other estimates he had gotten on his own, wouldn't be enough to fix the damage.

"This is Let ‘Er Fly Landworks as you can see," said Toney, as he read the estimate. "That's $5,300."

Toney said a second estimate by William Willis Contractor amounted to $12,000.

In a letter, Dominion Energy gave Toney an April 30 deadline to accept or decline the $1900 settlement. An offer Toney said he planned to decline.

"I want them to give me the proper amount to fix the problem," said Toney.

A spokesperson from Dominion Energy told CBS 6 that after investigating the claim, they had determined that the area where the water ponding occurred was outside the easement and not impacted by the project.

That spokesperson also sent photos, outlining in yellow the project limits inside the right of way, and the adjacent blue circle, indicating the low-lying area.

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Dominion Energy also issued the following statement:

Dominion Energy continues to work in good faith to resolve this matter with the landowner. We investigated the landowner’s claims and we do not believe the property damage was caused by our recent activities; however, in the spirit of compromise and customer resolution, we have offered to help with a part of the estimated cost of repair.