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HomeMy WebLinkAbout20140957 Ver 1_FERC Project Update (June 2015)_20150728INTRODUCTION Review _ The purpose of this mailing is to provide you with an update on the Federal Energy Regulatory Commission's (FERC or Commission) environmental review of the pending application for the Supply Header Project (SHP) and the Atlantic Coast Pipeline (ACP) Project, what's next in our review process, the issues gathered during scoping, and how you can stay assigns ' Applicants' o' ; ;' '1 s. PF1 5-5 and PF1 informed. PROJECT DESCRIPTION For the SHP, Dominion Transmission, Inc. (Dominion) plans to construct and operate about 36.7 miles of natural gas pipeline loop in Pennsylvania and West Virginia, and modify four existing compressor stations located in Westmoreland and Green Public Counties, Pennsylvania, and Marshall and Wetzel Counties, West Virginia. For the ACP Project, Atlantic Coast Pipeline, LLC Input Opportunities (Atlantic) plans to construct and operate 556 miles of variable diameter natural gas pipeline in West Virginia, Virginia, and North Carolina. In addition, Atlantic plans to construct and operate three new compressor stations in Lewis County, West Virginia; Buckingham County, Virginia; and Northampton County, North Carolina. If the projects are approved, Dominion and Atlantic (collectively referred to as the Applicants) propose to begin initial construction activities in fall 2016. Construction of the projects is anticipated to take 2 years, with an estimated in- service date of November 2018. WHERE WE ARE IN THE ENVIRONMENTAL REVIEW PROCESS We are here The FERC is the lead federal agency responsible for conducting the environmental review of the projects. In compliance with the National Environmental Policy Act, the FERC is preparing an environmental impact statement (EIS) for the planned projects. The U.S. Forest Service, U.S. Bureau of Land Management, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, West Virginia Department of Environmental Protection, and the West Virginia Department of Natural Resources are cooperating in the development of the EIS. This EIS will identify and describe potentially affected lands and resources, disclose the potential impacts on these resources, evaluate alternatives, and describe, as appropriate, any avoidance, minimization, and mitigation measures necessary to reduce the potential impacts of the SHP and ACP projects. In addition to the Applicants' applications and project data, we will analyze information that has been filed by other stakeholders and commenters in the proceeding. All substantive issues identified by commenters will be included in the EIS. We note that the FERC has no direct jurisdiction over natural gas drilling, either conventional or unconventional (fracking). In addition, the FERC EIS will only address environmental comments; non - environmental comments will be addressed in the Commission's Order issuing or denying a certificate. On May 20, 2015, Dominion and Atlantic filed draft environmental resource reports that describe the planned facilities, potential Public Input impacts on environmental resources, and the companies' mitigation measures designed to minimize those impacts (the Opportunities complete set of draft resource reports can be found at hftn: / /elibrarv.FERC.00v /idmws /file Iist.asD ?accession num= 20150520- 5023). You are welcome to view these resource reports and provide comments to the FERC on the environmental issues addressed. ISSUES IDENTIFIED The Commission continues to receive comment letters about the SHP and ACP projects. These letters have come from potentially affected landowners, concerned citizens, agencies, elected officials, non - governmental organizations, and other Public interested parties. FERC staff is reviewing each comment letter to identify the environmental concerns that should be Input addressed through the environmental review process. The primary issues that continue to be raised include, but are not Opportunity limited to: Route alternatives Pipeline integrity through karst areas, steep terrain, and erosive soils and landslide zones Impacts on wildlife and wildlife habitat, including threatened and endangered species Impacts on groundwater (including water supplies and wells), springs, surface waters, and wetlands Impacts on public lands, recreational and natural areas, and visual resources Impacts on cultural resources, including battlefields, cemeteries /burial grounds, and historic districts Impacts on residences and residential property values Public health and safety, including emergency response Impacts on air quality and ambient noise levels, especially related to compressor stations Public Input Opportunities Commission issues Order approving or denying the applications NEXT STEPS We are currently reviewing and commenting on the information provided in the Applicants' draft resource reports. Our final comments on the draft resource reports will be issued on our public docket. This fall, the Applicants plan to file their applications and final resource reports. When we have all the information necessary to complete our analysis and write the EIS, we will issue a Notice of Schedule for Environmental Review. This notice will announce the target date for issuing the final EIS and disclose the federal authorization action /decision deadline for other agencies. When the draft EIS is completed, a Notice of Availability will appear in the Federal Register, and the EIS will be mailed to the environmental mailing list for this proceeding. There will be a public review period to comment on the document. The comments we've received so far have helped the environmental and engineering staff identify and evaluate the potential impacts of the projects. Please stay involved and consider filing comments on the draft EIS when it is available. Staff will then complete the final EIS. The Commission will consider the findings of the final EIS, along with all information in the record including non - environmental information, when it makes its decision on whether to approve or deny the projects. HOW TO STAY INFORMED Go to the FERC website at http: / /www.ferc.aov. Click on the el -ibrary link, click on "General Search" and enter the docket number (i.e., PF15 -5 for SHP or PF15 -6 for ACP). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at FERCOnIineSupport @ferc.00v or toll free at 1- 866 - 208 -3676. In addition, the FERC offers a free service called eSubscription that allows you to keep track of all issuances and submittals in specific dockets. Using this service can reduce the amount of time you spend monitoring our website by automatically providing you with electronic notification when new items are posted and providing direct links to the documents. To register for this service, go to: http://www.ferc.ciov/docs-filina/esubscrir)tion.asD While we believe that the internet is the best way to stay informed, we realize that not everyone has internet access. Therefore, any notices we issue will be sent in hard copy to our environmental mailing list. m o Z O LO 1 w LO c� ` I C t \� o NCO 44 o cC �3 O � o 'r E > � Q Q � a� •� O � o � U ct � O � !W tV U Z (/) L-2 M 0) U-�Co W Z O z � o zp °Ova: W V � w O F w W .4 Co cif Oco� c5 C pv t:) �i W ,.4 iPt (pt to i1-t Federal Energy Regulatory Commission Office of Energy Projects PROJECT UPDATE FOR THE SUPPLY HEADER PROJECT AND ATLANTIC COAST PIPELINE PROJECT June 2015 PF15 -5 -000 and PF15 -6 -000 Pennsylvania Ohio 4 cck ° 0� N X X o W n x HH � � LL D 0 - 0 tV U Z (/) L-2 M 0) U-�Co W Z O z � o zp °Ova: W V � w O F w W .4 Co cif Oco� c5 C pv t:) �i W ,.4 iPt (pt to i1-t Federal Energy Regulatory Commission Office of Energy Projects PROJECT UPDATE FOR THE SUPPLY HEADER PROJECT AND ATLANTIC COAST PIPELINE PROJECT June 2015 PF15 -5 -000 and PF15 -6 -000 Pennsylvania Ohio 4 MEETING NOTES Date: July 10, 2015 To: Meeting Invitees From: Kevin Bowman, Federal Energy Regulatory Commission Subject: Conference Call Meeting Minutes — FERC and Agencies Discussing the Supply Header Project and Atlantic Coast Pipeline Project Meeting Attendees: Kevin Bowman, FERC SHP and ACP Project Manager Joanne Wachholder, FERC Interagency Coordinator Jeff Mackenthun and Zeke Rice, Merjent (FERC Contractor) Howard Goldstein and Keith Hanson, NOAA Fisheries Pam Edge, WV Natural Resources Conservation Service Sarah McCray and Emily Wells, North Carolina Fish and Wildlife Service Mary Krueger, National Park Service Monika Meir and Sam Osborne, National Park Service Blue Ridge Parkway Denise Nelson, Appalachian National Scenic Trail Ron Schwartz, Rita Coleman, and Chris Kriley, PA Department of Environmental Protection Carl Brown, PA State Conservation Commission Jessica Moore, WV Geologic and Economic Survey Rene Hypes and Taylor Major, VA Department of Conservation and Recreation (Division of Natural Heritage) Steven Hardwick, VA Department of Environmental Quality (DEQ) — Central Office Julia Wellman and Bettina Sullivan, VA DEQ Office of Environmental Impact Review Jed Brown, VA DEQ— Blue Ridge Regional Office Greg Evans, VA Department of Forestry Amy Ewing, Ray Fernald, and Ernie Aschenbach'VA Game and Inland Fish Karri Atwood and Todd Grubbs, VA Department of Health Matt Heller, VA Mines, Minerals, and Energy Justine Woodward, VA Marine Resources Commission Jennifer Burdette, NC Department of Environment and Natural Resources —Central Office James Graham, NC Department of Environment and Natural Resources — Raleigh Regional Office Kenneth Taylor, NC Geologic Survey Gabriela Garrison and Vann Stancil, NC Wildlife Resources Commission Wil Orndorff, VA Natural Heritage Program Meeting Notes: Kevin Bowman outlined the FERC's prefiling review process for the Supply Header Project (SHP) and Atlantic Coast Pipeline (ACP) Project, two interrelated projects and will be reviewed under Meeting Notes SHP and ACP Projects, July 10, 2015 2 one National Environmental Policy Act (NEPA) document or EIS. FERC is designated as the lead federal agency under the Energy Policy Act of 2005. FERC's prefiling process provides for early stakeholder and agency engagement prior to application submittals. FERC encourages cooperation with all agencies during the review and permitting process and is not an advocate for or against the project. Bowman outlined the public scoping meetings and communications that have occurred to date. FERC has established a public docket for the SHP (PF15-5) and ACP Project (PF15-6) which each agency can use for their respective administrative record. FERC uses preliminary information and data that is provided by the applicants to begin its environmental review process. This generally begins with the applicant filing Draft Resource Reports (DRR) that contain information on various resources that could be affected by the projects. The DRRs can be found on FERC's and Dominion's websites (web link provided in the call invite). FERC uses the information provided in the DRRs, along with information gathered from public meetings, landowner meetings, comments filed on the dockets, and communications with agencies to identify issues that should be addressed in the applications. Provided information can lead to alternative routes that should be considered. The DRRs may contain insufficient or inconsistent information. Accordingly, FERC will issue comments to the applicants requesting that additional information or clarification is provided in the application. FERC encourages stakeholders and resource agencies to review the DRRs to ensure adequacy and regulatory or permitting requirements for their agency are satisfied. The applicants propose to file the FERC application in September 2015. Based on that submittal timeframe, FERC estimates it would issue the draft EIS at the end of 2015. The final EIS would occur around May 2016. Dominion proposes a two-year construction period that is currently planned to begin in late 2016, with an in-service date of late 2018. Jeff Mackenthun with Merjent, Inc., FERC's third -party contractor for the projects, provided an overview of each DRR and the key issues that have been identified to date as follows-' Resource Resort 1: Proiect Description • Complexity and limitations of routing the project to multiple receipt points and to distribute gas to eight customer interconnects. • Six percent of the project is collocated with existing rights-of-way. Significant new rights-of-way required, mostly in forested areas, including a 75 -foot -wide permanent easement for the 42 -inch AP -1 pipeline. Several areas of steep -slope and side -slope construction in rocky terrain, including areas with landslide potential. 1 For the benefit of the meeting participants, additional resource report information and key issues identified to date have been provided in these meeting minutes which were not discussed during the July 10, 2015 conference call. Meeting Notes SHP and ACP Projects, July 10, 2015 3 • Construction in western Virginia would cross karst terrane, an issue that has received substantial public and agency comment. A karst mitigation plan is proposed, but a draft has not been provided to date. • Several large, non -jurisdictional facilities are proposed, including two natural gas-fired power plants; 26 miles of 30 -inch pipeline; 5 miles of 20 -inch pipeline; minor power lines; and customer facility modifications. • Significant stakeholder engagement, including 3,300 comment letters as of June 2015; multiple websites and blogs against the pipeline; and public protests in the project area and at FERC's office. • Obtaining permission to survey properties has been difficult for Dominion, specifically in Augusta and Nelson Counties, Virginia. Court proceedings have begun to gain survey access. Resource Report 2: Water Use • Approximately 1,000 wetland and 1,000 waterbodies would be crossed by the projects. • The impact of trenching and blasting on shallow groundwater wells and springs in the Appalachians and karst terrane. These activities may disrupt groundwater flow and limit well quality and production. Resource Report 3: Wildlife, Vegetation, Aquatic Resources, and Sensitive Species • Several cold water trout fisheries would be crossed. • Essential Fish Habitat would be crossed at the South Branch Elizabeth River in Chesapeake, Virginia (proposed for HDD crossing). A few waterbodies could contain managed anadromous fish. • Controlling invasive species along the pipeline rights-of-way. • Routing the project to avoid sensitive species, including managed and protected wildlife and vegetation habitats. Resource Report 4: Cultural Resources • Potential impacts on historic properties, historic districts, and Civil War battlefields. • Routing the pipeline to avoid graves and cemeteries. • Potential for unanticipated discoveries. Resource Report 5: Socioeconomics • Influx of large workforce into rural areas, which will affect the following: o Housing; unknown if worker camps will be used. o Potential strain on emergency response services and responding in remote areas. o Few roads in remote Appalachian areas which may affect traffic. Meeting Notes SHP and ACP Projects, July 10, 2015 4 • Effect on local business which rely on tourism for revenue. • Loss of property value and ability to insure property. • Eminent Domain. Resource Report 6: Geology • Ridgetop and steep slope construction. Approximately 10.5 miles of the route has slopes >35%. • Blasting potential on over 60 miles of the route (hard bedrock within 60 inches of surface). • High landslide potential along 147 miles of proposed route. • Construction in western Virginia would cross karst terrane, an issue that has received substantial public and agency comment. A karst mitigation plan is proposed, but a draft has not been provided to date. Resource Report 7: Soils • No unique soil issues have been identified at this time. Resource Resort 8: Land Use • The project crosses the following federal lands: o Monongahela National Forest and George Washington National Forest o Blue Ridge Parkway o Appalachian Trail o Great Dismal Swamp National Wildlife Refuge • Several public use areas are crossed or within 0.25 mile of the route; which will require assessment in the NEPA document. • Approximately 45 percent of the route crosses forest land. Visual effects of a greenfield route, especially within or near public use areas, must be assessed. • Significant cooperation with NFs, NPS, BLM, and FWS is anticipated, especially to ensure the NEPA document meets their federal requirements. Resource Resort 9: Air and Noise • Three new gas-fired compressor stations. • Four existing compressor station modifications, three include compression increases, all of which are within "non -attainment areas" for either ozone or PM2.5 standards. Conformity determination may be required. Resource Report 10: Alternatives • The evaluation of system alternatives, which has focused on the proposed Mountain Valley Pipeline Project (PF15-3). Meeting Notes SHP and ACP Projects, July 10, 2015 5 • Identification of routes that collocate with existing utility systems. There are viable alternatives that collocate. Dominion has committed to surveying 3 of these alternatives. • Analyzing alternative locations for Compressor Station #3, which is tied to the start of the AP -3 lateral. Dominion argues that site location is dependent on compression/flow dynamics; a sufficient evaluation of flow dynamics should be provided in Dominion's application. • Minimizing resource impacts and collocating with existing rights-of-way across the National Forests, Blue Ridge Parkway, and Appalachian Trail. Several route alternatives and variations have been proposed and analyzed, including an approximate 1 -mile drill under the Blue Ridge Parkway and Appalachian Trail. • Identifying a preferred route around and/or through portions of the Great Dismal Swamp National Wildlife Refuge. Several meetings have been held with applicable agencies and landowners, and it appears an agreeable route has been identified, which crosses two small portions of the NWR. Note: crossing the NWR, along with the NFs, triggers BLM review and issuance of the right-of-way grants. BLM is a cooperating agency. Resource Report 11: Reliability and Safety • Potential for sinkhole development to impact pipeline operations and integrity. • Maintaining the integrity of the pipeline to prevent a failure. The NC FWS requested clarification on providing comments to FERC. Kevin explained that comments can be mailed to the FERC Secretary or eFiled under the FERC docket. Bowman will provide the meeting participate instruction on how to file comments with the FERC when he distributes meeting minutes. The Virginia Department of Forestry requested clarification on filing comments, and whether comments that were previously filed with FERC should be resubmitted. Bowman explained that once a comment is filed, it would be considered and addressed throughout the entirety of the project. Bowman noted that the design and location of the projects could change throughout the review process, and if new information or issues arise, additional comments can be filed. Bowman explained that under the Energy Policy Act of 2005, applicants are required to file all major applications within the same timeframe. It may benefit resource agencies to review and comment on the DRRs in a timely manner so the applicants can address issues and gather appropriate information to complete their agency applications. FERC noted that there are instances where permit applications are filed at different timeframe, such as NPDES applications that may require a 30 -day preconstruction submittal timeframe, or if any agency requests that an application is submitted at a later timeframe to ensure agency -specific issues are addressed. Meeting Notes SHP and ACP Projects, July 10, 2015 6 The VA Division of Natural Heritage asked if the DRRs would be updated before the application is filed in September 2015. Bowman stated that the applicants may file additional construction plans to supplement the DRRs prior to September, but updated DRRs are not anticipated until the final application is filed. If the application fails to address comments on the DRRs, or the final resource reports are incomplete or inconsistent, FERC will request that the data is provided prior to the draft EIS, or will direct the applicants on how to address an issue through the EIS/FERC Certificate process. Bowman stated that comments on the project can be filed at any time during the NEPA review process, but encourages timely comments. Bowman recommends that comments are filed within the next month so the applicants have an opportunity to address the comments in the application. However, if comments are filed at a later time, they will be addressed during that stage of the environmental review process. The VA Natural Heritage Program asked if the Virginia Cave Board was on or invited to the conference call meeting, and if this non -regulatory agency should follow the same process for providing comments. Bowman stated that he is aware of the Cave Board involvement in the project and would invite them to future meetings. Bowman recommended that any information from this meeting be forwarded to the Cave Board. The Cave Board can contact Bowman directly regarding the project, but it is preferred that comments are filed on the public record. The VA DEQ Office of Environmental Impact Review asked about the draft EIS comment period. Bowman stated that the typical draft EIS comment period is 45 days, but is coordinating with other cooperating agencies to determine if the comment period needs to be revised to comply with their public comment period requirements. FERC would consider extending the comment period if the scope of the project suggests a longer period is required. The NC FWS asked about ESA Section 7 consultation process. Joanne Wachholder explained that the consultation schedule is somewhat driven by the information that is provided by the applicants. If sufficient survey and species information is provided, the Biological Assessment may be submitted to the FWS concurrently with the draft EIS. If species or survey information is pending, issuance of the draft EIS would move forward, however, the EIS would provide the information known to date, outline a schedule for providing additional information or assessments, and would state that the applicant cannot begin construction until Section 7 consultation is complete. The NC FWS noted that development of avoidance and conservation measures and the identification of possible impacts can begin now, such as the development of Habitat Conservation Plans. NOAA Fisheries asked if the resource reports for both projects would be combined in one set of resource reports. Bowman confirmed that the projects would be combined in one set of resource report. Wachholder stated that FERC is willing to assist the agencies with their environmental review, such as facilitating data exchange or providing copies of applications. Meeting Notes SHP and ACP Projects, July 10, 2015 7 VA DEQ Office of Environmental Impact Review requested shapefile information from Dominion but has not received the information to date. Bowman suggested that they provide him an email requesting the shapefile information and he would request that Dominion provide the information to the VA DEQ Office of Environmental Impact Review. Meeting adjourned. Action Items: Bowman to provide the meeting participants instruction on how to file comments with FERC.