HomeMy WebLinkAbout20140957 Ver 1_Notice of Availability of Draft EIS_20170110Atlantic Coast Pipeline, LLC
Dominion Transmission, Inc.
Piedmont Natural Gas Company, Inc.
'109151 MA 991' MEN 011 ON I M
Docket Nos. CP 15-554-000, CP 15-554-001
CP15-555-000
CP15-556-000
NOTICE OF AVAILABILITY OF THE
ATLANTIC COAST PIPELINE, HEADER D
CAPACITYPROPOSAL
(December 30, 2016)
The staff of the Federal Energy Regulatory Commission (FERC or Commission)
has prepared a draft environmental impact statement (EIS) for the Atlantic Coast Pipeline
(ACP) and Supply Header Project (SHP) as proposed by Atlantic Coast Pipeline, LLC
(Atlantic) and Dominion Transmission, Inc. (DTI), respectively, in the above -referenced
dockets. Atlantic and DTI request authorization to construct and operate a total of 641.3
miles of natural gas transmission pipeline and associated facilities, and three new natural
gas-fired compressor stations, and to modify four existing compressor stations. The
projects would provide about 1.44 billion cubic feet per day of natural gas to electric
generation, distribution, and end use markets in Virginia and North Carolina. In addition,
Atlantic and Piedmont Natural Gas Co., Inc. (Piedmont) request authorization to allow
Atlantic to lease capacity on Piedmont's existing pipeline distribution system in North
Carolina for use by Atlantic (Capacity Lease Proposal). No construction or facility
modifications are proposed with the Capacity Lease Proposal.
The draft EIS assesses the potential environmental effects of the construction and
operation of the projects in accordance with the requirements of the National
Environmental Policy Act (NEPA). The FERC staff concludes that approval of the
projects would have some adverse and significant environmental impacts; however, the
majority of impacts would be reduced to less -than -significant levels with the
implementation of the Atlantic's and DTI's proposed mitigation and the additional
measures recommended in the draft EIS.
The U.S. Department of Agriculture — Forest Service (FS); U.S. Army Corps of
Engineers; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service —
Great Dismal Swamp National Wildlife Refuge; West Virginia Department of
Environmental Protection; and West Virginia Division of Natural Resources participated
as cooperating agencies in the preparation of the draft EIS. Cooperating agencies have
jurisdiction by law or special expertise with respect to resources potentially affected by
the proposals and participate in the NEPA analysis. Further, the FS may use the EIS
Docket Nos. CP15-554-000, et al. -2-
when
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when it considers amendments to Land and Resource Management Plans (LRMPS) for
the proposed crossings of the Monongahela National Forest (MNF) and George
Washington National Forest (GWNF). Although the cooperating agencies provide input
to the conclusions and recommendations presented in the draft EIS, each agency will
present its own conclusions and recommendations in its respective record of decision or
determination for the projects.
The draft EIS addresses the potential environmental effects of the construction and
operation of the following proposed project facilities:
The ACP includes:
5191 miles of new 42- and 36 -inch -diameter natural gas pipeline in West
Virginia, Virginia, and North Carolina;
® 84.6 miles of 20- and 16 -inch -diameter natural gas pipeline in Virginia and
North Carolina;
® three new compressor station in Lewis County, West Virginia; Buckingham
County, Virginia; and Northampton County, North Carolina; and
® nine meter stations, along with pig launchers/receivers and mainline valves.
The SHP includes:
® 37.5 miles of new 36 -inch -diameter natural gas pipeline in Pennsylvania
and West Virginia;
0 modifications at four existing compressor stations in Westmoreland and
Green Counties Pennsylvania and Marshall and Wetzel Counties West
Virginia;
® abandonment of existing compressor units and associated facilities in
Wetzel County, West Virginia; and
® one meter station, along with pig launchers/receivers and mainline valves.
Actions of the Forest Service
The FS's purpose and need for the proposed action is to respond to a special use
application submitted by Atlantic on November 12, 2015, to allow the construction and
operation of the ACP on national forest system (NFS) lands managed by the MNF and
the GWNF. If the FS decides to authorize the pipeline crossing of NFS lands and issue a
Docket Nos. CP 15-554-000, et al. -3 -
special use permit, the FS has determined that amendments to each national forest LRMP
would be needed.
Project -specific plan amendments would be needed to deviate from the precise
wording of forest plan standards for the construction and operation of the ACP. These
amendments are considered "project -specific" amendments because they would not
change FS requirements for other projects or authorize any other actions. Additionally, if
the proposed route is authorized and a special use permit issued, the GWNF LRMP
would need to be amended to change the current management prescriptions in the
pipeline's operational corridor to Management Prescription Area (Rx) 5C—Designated
Utility Corridors. The MNF does not have LRMP direction that would require a similar
plan amendment to reallocate management prescriptions. Therefore, this amendment is
considered a "plan -level" amendment and would change future management direction for
the lands reallocated to the new management prescription. The FS has also identified
other potential amendments that may be required, pending survey information and
analyses that are not currently available.
Pursuant to Title 40 of the Code of Federal Regulations, Part 1506.3(c) (40 CFR
1.506.3(c)), the FS may adopt and use the EIS developed by FERC to consider
authorization for the construction and operation of the ACP crossing NFS lands. Further,
the FS may use this EIS when it considers amendments to the LRMPs that would be
required for the proposed crossings of the MNF and GWNF. The FS will prepare
separate Records of Decision for the authorization decision and for the plan amendments
decisions, after issuance of the FERC final EIS.
The following amendments have been proposed by the FS as part of the proposed
action in the FERC draft EIS:
Monongahela National Forest
The type of amendment applicable to the MNF would be a project -specific
amendment. This amendment would not change FS requirements for other projects or
authorize any other actions.
Potential Amendment 1: The MNF LRMP may need to be amended to allow
construction of the ACP to temporarily exceed standards identified under management
direction for soils and water, specifically forest -wide standards SW06 and SW07,
provided that design criteria, mitigation measures, project requirements, and/or
monitoring activities agreed upon by the FS are implemented as needed to achieve
adequate slope and soil stability.
Other potential amendments may be needed pending the outcome of ongoing
analyses and development of project design and mitigation.
Docket Nos. CP 15-554-000, et al. -4-
George
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George Washington National Forest
The first type of LRMP amendment applicable to the GWNF would be a plan -
level amendment that would change land allocations. This would change future
management direction for the lands reallocated to the new Rx and is required by LRMP
Standards FW -243 and FW -244.
Proposed Amendment 1: The LRMP would be amended to reallocate 102.3
acres to the Rx 5C—Designated Utility Corridors from these Rxs: 7E1 -Dispersed
Recreation Areas (7 acres), and 13—Mosaics of Habitat (95 acres). Rx 11 -Riparian
Corridors would remain embedded within the new Rx 5C area.
Rx 5C --Designated Utility Corridors contains special uses which serve a public
benefit by providing a reliable supply of electricity, natural gas, or water essential to
local, regional, and national economies. The new Rx 5C land allocation would be 53.5
feet wide, the width of the final operational right-of-way of the ACP. The area would
not cross into the Rx 4A—Appalachian National Scenic Area but would stop and start at
the existing Rx 4A boundary. The Rx4A would continue to be managed for the
Appalachian National Scenic Trail.
The second type of amendment applicable to the GWNF would be a project -
specific amendment that would apply only to the construction and operation of the ACP.
The following standards would require a temporary waiver to allow the project to
proceed. These amendments would not change LRMP requirements for other projects or
authorize any other actions.
Proposed Amendment 2: The LRMP would be amended to allow construction of
the ACP to exceed restrictions on soil conditions and riparian corridor conditions as
described in LRMP Standards FW -5, FW -15, FW -16, FW -17, and 11-019, provided that
mitigation measures or project requirements agreed upon by the FS are implemented as
needed.
Proposed Amendment 3: The LRMP would be amended to allow the ACP to
cross the Appalachian National Scenic Trail in Augusta County, Virginia (reference
LRMP Standard 4A-025).
Potential Amendment 4: The LRMP may need to be amended to allow the
removal of old growth trees within the construction corridor of ACP (reference LRMP
Standard FW -85).
Potential Amendment 5: The LRMP may need to be amended to allow major
reconstruction of a NFS road within the Rx 2C3 area to provide access for pipeline
Docket Nos. CP 15-554-000, et al. - 5 -
construction. This is contingent on the final location of access roads (reference LRMP
Standard 20-015).
Potential Amendment 6: The LRMP may need to be amended to allow the ACP
to not immediately meet Scenic Integrity Objectives; however, mitigation measures,
including vegetation management and restoration actions, are expected to improve visual
quality over an extended timeframe (reference LRMP Standard FW -182).
The FS is requesting public comments on the authorization of the ACP on NFS
lands and the draft proposed and potential amendments of the LR -MPs that would allow
the ACP to cross the MNF and GWNF. All comments must be submitted to the FERC as
directed in this notice. The FS decision to authorize the ACP will be subject to FS
predecisional administrative review procedures established in 36 CFR 218. The MNF
Potential Amendment 1, GWNF Proposed Amendments 2 and 3, and Potential
Amendments 4, 5, and 6 were developed in accordance with 36 CFR 219 (2012 version)
regulations but will be subject to the administrative review procedures under 36 CFR 218
regulations Subparts A and B, per 36 CFR 219.59(b). GWNF Proposed Amendment I
was developed in accordance to 36 CFR 219 (2012) regulations and will be subject to the
administrative review procedures under 36 CFR 219 Subpart B. Refer to the applicable
administrative review regulations for eligibility requirements.
All comments must be submitted to the FERC, the lead federal agency, within the
timeframe stated in this Notice of Availability. Refer to Docket No. CP 15-554-000
(ACP) in all correspondence to ensure that your comments are correctly filed in the
record. You may submit your comments to the FERC using one of the four methods
listed below.
Distribution and Comments on the Draft Environmental Impact Statement
The FERC staff mailed copies of the draft EIS to federal, state, and local
government representatives and agencies; elected officials; environmental and public
interest groups; Native American tribes; potentially affected landowners and other
interested individuals and groups; newspapers and libraries in the project areas; and
parties to this proceeding. Paper copy versions of this draft EIS were mailed to those
specifically requesting them; all others received a CD version. In addition, the draft EIS
is available for public viewing on the FERC's website (www.lerc.gov) using the eLibrary
link. A limited number of copies of the draft EIS are available for distribution and public
inspection at:
Docket Nos. CP 15-554-000, et al. -6-
Federal
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Federal Energy Regulatory Commission
Public Reference Room
888 First Street NE, Room 2A
Washington, DC 20426
(202) 502-8371
Any person wishing to comment on the draft EIS may do so. To ensure
consideration of your comments on the proposals in the final EIS, it is important that the
Commission receive your comments by April 6, 2017.
For your convenience, there are four methods you can use to submit your
comments to the Commission. In all instances, please reference the appropriate docket
numbers (CP15-554-000and CP15-554-001for ACP; CP 15-555-000 for SHP; or CP 15-
556-000 for Capacity Lease) with your submission. The Commission encourages
electronic filing of comments and has expert staff available to assist you at (202) 502-
8258 or e4'ilin i(( erc.,,ov. Please carefully follow these instructions so that your
comments are properly recorded.
1) You can file your comments electronically using the eCornnnent feature on
the Commission's websitew� v ferc. ov) munder the link to Documents and
( Nv
Filings. This is an easy method for submitting brief, text -only comments
on a project.
2) You can file your comments electronically by using the eFiling feature on
the Commission's website (ivw.ferc.00v) under the link to Documents and
Filings. With eFiling, you canprovide comments in a variety of formats by
attaching them as a file with your submission. New eFiling users must first
create an account by clicking on "eRegister." If you are filing a comment
on a particular project, please select "Comment on a Filing" as the filing
type.
3) You can file a paper copy of your comments by mailing them to the
following address:
Nathaniel J. Davis, Sr., Deputy Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room IA
Washington, DC 20426
4) In lieu of sending written or electronic comments, the Commission invites
you to attend one of the public comment sessions its staff will conduct in
the project area to receive comments on the draft EIS. We encourage
Docket Nos. CP 15-554-000, et al. -7-
interested
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interested groups and individuals to attend and present oral comments on
the draft EIS. The sessions are scheduled as follows:
Date and Time
Location
Monday, February 13, 2017
Doubletree Hotel
5:00 — 9:00 p.m.
1965 Cedar Creek Road
Fayetteville, NC 28312
Tuesday, February 14, 2017
Forest Hills Middle School
5:00 — 9:00 p.m.
1210 Forest Hills Road
Wilson, NC 27893
Wednesday, February 15, 2017
Hilton Garden Inn Roanoke Rapids
5:00 — 9:00 p.m.
111 Carolina Crossroads Parkway
Roanoke Rapids, NC 27870
Thursday, February 16, 2017
Hilton Garden Inn Conference Center
5:30 — 9:30 p.m.
100 East Constance Road
Suffolk, VA 23434
Tuesday, February 21, 2017
Moton Museum
5:00 — 9:00 p.m.
900 Griffin Boulevard
Farimville, VA 23901
Wednesday, February 22, 2017
Nelson County High School
5:00 — 9:00 p.m.
6919 Thomas Nelson Highway, Route 29
Lovingston, VA 22949
Thursday, February 23, 2017
Holiday Inn Hotel and Conference
5:00 — 9:00 p.m.
152 Fairway Lane
Staunton, VA 24401
Tuesday, February 28, 2017
Highland Center
5:00 — 9:00 p.m.
61 Highland Center Drive
Monterey, VA 24465
Wednesday, March 1, 2017
Gandy Dance Theater
5:00 — 9:00 p.m.
359 Beverly Pike
Elkins, WV 26241
Thursday, March 2, 2017
Marlinton Community Wellness Center
5:00 — 9:00 p.m.
320 91h Street
Marlinton, WV 24954
There will not be a formal presentation by Commission staff at any of the ten
public comment sessions, although a format outline handout will be made available. All
sessions will begin at 5:00 p.m., with the exception of the session on Thursday,
Docket Nos. CP 15-554-000, et al. -8-
February
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February 16, 2017, which will begin at 5:30 p.m. If you wish to provide verbal
comments, the Commission staff will hand out numbers in the order of your arrival.
Number distribution will be discontinued at 8:00 p.m. in order to ensure all comments are
received by the session closing time. Comments will be taken until 9:00 p.m. (or 9:30
p.m. at the February 16 session). However, if no additional numbers have been handed
out and all individuals who wish to provide comments have had an opportunity to do so,
staff may conclude the session at 8:00 p.m., or after the last comment is taken.
The primary goal of the public sessions is to allow individuals to provide verbal
comments on the draft EIS. Individual verbal comments will be taken on a one-on-one
basis with a Court Reporter (with FERC staff or representative present), called up in the
order of the numbers received. Because we anticipate considerable interest from
concerned citizens, this format is designed to receive the maximum amount of verbal
comments, in a convenient way during the timeframe allotted. If many people are
interested in providing verbal comments in the one-on-one setting at any particular
session, a time limit of 3 minutes may be implemented for each commenter.
Your verbal comments will be recorded by the Court Reporter. Transcripts of all
comments from the sessions will be placed into the dockets for the projects, which are
accessible for public viewing on the FERC's web site (at www.ferc.gov) through our
eLibrary system.
Commission staff will be available at each venue of the public sessions to answer
questions about our environmental review process. It is important to note that written
comments mailed to the Commission and those submitted electronically are reviewed by
staff with the same scrutiny and consideration as the verbal comments given at the public
sessions.
Any person seeking to become a party to the proceeding must file a motion to
intervene pursuant to Rule 21.4 of the Commission's Rules of Practice and Procedures (18
CFR Part 385.214).' Only intervenors have the right to seek rehearing of the
Commission's decision. The Commission grants affected landowners and others with
environmental concerns intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which no other party can adequately
represent. Simply filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
' See the previous discussion on the methods for filing comments.
Docket Nos. CP 15-554-000, et al. -9-
Additional
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Additional information about the projects is available from the Commission's
Office of External Affairs, at (866) 208 -FERC, or on the FERC website (ww_w.ferc,go )
using the eLibrary link. Click on the eLibrary link, click on "General Search," and enter
the docket number excluding the last three digits in the Docket Number field (i.e., CP 15-
554, CP15-555, or CP15-556). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at I LROrrlincSrrt)l.)oittriferc.�ov or toll
free at (866) 208-3676; for TTY, contact (202) 502-8659. The eLibrary link also
provides access to the texts of formal documents issued by the Commission, such as
orders, notices, and rulemakings.
In addition, the Commission offers a free service called eSubscription that allows
you to keep track of all formal issuances and submittals in specific dockets. This can
reduce the amount of time you spend researching proceedings by automatically providing
you with notification of these filings, document summaries, and direct links to the
documents. Go to wxvx xufeic.go` docs-Jilin«w esti sc it tioi-i.as-) to subscribe.
Kimberly D. Bose,
Secretary