[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Notices]
[Pages 40967-40970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19555]


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DEPARTMENT OF AGRICULTURE

Forest Service


American Electric Power (Formerly Appalachian Power Company) 
Transmission Line Construction--Jackson's Ferry (Cloverdale), Virginia, 
to Oceana, West Virginia. George Washington and Jefferson National 
Forests, Appalachian National Scenic Trail, the New River, and R.D. 
Bailey Lake Flowage Easement Land. Virginia Counties of Botetourt, 
Roanoke, Craig, Montgomery, Pulaski, Bland, Tazewell, Wythe and Giles 
and the West Virginia Counties of Monroe, Summers, Mercer, McDowell and 
Wyoming

AGENCY: Forest Service, USDA.

ACTION: Revised Notice--Revises the proposed action based on the 
application submitted by the proponent (American Electric Power) to 
include a different federal land crossing; identifies a new 
construction endpoint; identifies three new counties in Virginia and 
West Virginia affected by the transmission line proposal; notifies 
interested parties of the federal agencies' intent to prepare a 
supplemental draft environmental impact statement; establishes the 
date, time and location of 3 public meetings; and provides the dates 
for the publication of the supplemental draft and final environmental 
impact statements.

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SUMMARY: On June 28, 1996 the Forest Service published a draft 
environmental impact statement for American Electric Power's (AEP's) 
proposed crossing of federal lands with a 765,000-Volt transmission 
line. AEP has since revised their preferred route for the line and 
changed the location of the endpoint of the transmission line from 
Cloverdale to Jackson's Ferry, Virginia. The Virginia State Corporation 
Commission and the West Virginia Public Service Commission have 
approved the private land components (79 miles) of the proposed 
transmission line. The Commissions do not have the authority to approve 
transmission line corridors across federally administered lands.
    The actions and assessments of the two Commissions represent 
significant new information for the federal agencies to consider. They 
also present a substantial change in the proposed action. Accordingly, 
the Forest Service will prepare a supplemental draft environmental 
impact statement, before publishing a final environmental impact 
statement, on a proposed action to authorize American Electric Power 
(formerly the Appalachian Power Company) to construct a 765,000-volt 
transmission line across approximately 11 miles of the George 
Washington and Jefferson National Forests, as well as portions of the 
Appalachian National Scenic Trail, the New River (at Bluestone Lake) 
and R.D. Bailey Lake Flowage Easement Land (at Guyandotte River).
    The revised proposal by American Electric Power (AEP) crosses 
federal lands outside the area analyzed by the federal agencies in the 
draft environmental impact statement published in July of 1996. The 
revised AEP proposal includes the previously unaffected Virginia 
Counties of Wythe and Tazewell, and the West Virginia County of 
McDowell in addition to the Virginia Counties of Bland and Pulaski and 
the West Virginia County of Wyoming. The total length of the revised 
AEP proposal is approximately 90 miles.
    The American Electric Power (AEP) proposal involves federal land 
under the administrative jurisdiction of the USDA Forest Service 
(George Washington and Jefferson National Forests and the Appalachian 
National Scenic Trail) and the US Army Corps of Engineers (New River 
and R.D. Bailey Lake Flowage Easement Land).
    The Forest Service is the lead agency and is responsible for the 
preparation of the environmental impact statement. The National Park 
Service and the US

[[Page 40968]]

Army Corps of Engineers are cooperating agencies in accordance with 40 
CFR 1501.6. In initiating and conducting the analysis the federal 
agencies are responding to the requirements of their respective 
permitting processes and the need for the AEP to cross federal lands 
with the proposed transmission line.
    The Forest Service additionally will assess how the proposed 
transmission line conforms to the direction contained in the Jefferson 
National Forest's Land and Resource Management Plan (LRMP). Changes in 
the LRMP could be required if the transmission line is authorized 
across the George Washington and Jefferson National Forests.
    The Notice of Intent for the proposed action was published in the 
Federal Register on November 21, 1991 (56 FR 58677-58679). The Notice 
was revised on March 13, 1992 (57 FR 8859), April 24, 1992 (57 FR 
15049), June 16, 1993 (58 FR 33248-33250) June 21, 1994 (59 FR 31975-
31978), June 9, 1995 (60 FR 30511-30514), October 3, 1995 (60 FR 51770-
51773) and June 5, 1996 (61 FR 28562-28565). The Notice of Availability 
was published on June 28, 1996 (61 FR 33735-33736).

DATES: Comments concerning this proposal should be received in writing 
by October 15, 2001 to ensure timely consideration. See the 
SUPPLEMENTARY INFORMATION section for the dates and locations of the 
public meetings.

ADDRESSES: Send written comments to William E. Damon, Jr., Forest 
Supervisor, George Washington and Jefferson National Forests, 5162 
Valley pointe Parkway, Roanoke, Virginia 24019.

FOR FURTHER INFORMATION CONTACT: Ken Landgraf, Forest Service Project 
Coordinator, George Washington and Jefferson National Forests, 5162 
Valleypointe Parkway, Roanoke, Virginia, 24019/(540) 265-5170.

SUPPLEMENTARY INFORMATION: AEP submitted an application to the George 
Washington and Jefferson National Forest in 1991 requesting authorizing 
to construct a 765,000-volt electric transmission line across 
approximately twelve miles of the National Forest. Portions of the 
Appalachian National Scenic Trail, the New River (at Bluestone Lake), 
and R.D. Bailey Lake Flowage Easement Land (at Guyandottee River) would 
also be crossed by the proposed transmission line.
    Studies conducted by AEP and submitted to the Virginia State 
Corporation Commission and the West Virginia Public Service Commission, 
as part of its application and approval process, indicate a need to 
reinforce its extra high voltage transmission system in order to 
maintain a reliable power supply for projected demands within its 
service territory in central and western Virginia and southern West 
Virginia.
    The total length of the electric transmission line originally 
proposed by the AEP was approximately 115 miles with approximately 12 
miles crossing the George Washington and Jefferson National Forests. In 
preparing the draft environmental impact statement, the federal 
agencies identified a study area in which alternatives to the proposed 
action were developed. The study area included land located in the 
Virginia counties of Botetourt, Roanoke, Craig, Montgomery, Pulaski, 
Bland and Giles and the West Virginia counties of Monroe, Summers, 
Mercer and Wyoming.
    In the draft environmental impact statement a range of routing 
alternatives was considered to meet the purpose and need for the 
proposed action. A no action alternative was also analyzed.
    Following the publication of the Draft Environmental Impact 
Statement, AEP revised the location of their proposed transmission 
line. On May 27, 1998 AEP received approval from the West Virginia 
Public Service Commission to allow construction of the line of a 
revised route in West Virginia. On May 25, 2001 AEP received approval 
from the Virginia State Corporation Commission to allow construction on 
a new route in Virginia. Both Commissions acknowledged the need to 
improve reliability and that the proposed transmission line is the best 
means to achieve the need.
    The decisions to be made following the federal agencies' analysis 
are whether the Forest Service and the US Army Corps of Engineers will 
authorize AEP to cross the George Washington and Jefferson National 
Forests (including the Appalachian National Scenic Trail) and the new 
River and R.D. Bailey Lake Flowage Easement Land, respectively, with 
the proposed 765,000-volt transmission line and, if so, under what 
conditions a crossing would be authorized.
    The federal analysis will include an analysis of the effect of the 
proposed transmission line along the entire proposed route as well as 
alternative routes. Currently identified alternatives to be considered 
include three route modifications and the Hogback Mountain alternative 
that were discussed in the Virginia State Corporation Commission 
Hearing Examiner's report.
    The significant issues previously identified for the federal 
analysis are listed below:

--The construction and maintenance of the 765kV transmission line and 
the associated access roads and right-of-way may (1) affect soil 
productivity by increasing soil compaction and erosion; (2) affect 
geologic resources (karst areas, Peters, Lewis, Potts Mountains, 
Arnolds Knob) and unique geologic features like caves through blasting, 
earthmoving or construction machinery operations; and (3) result in 
unstable structural conditions due to the placement of the towers.
--The construction and maintenance of the 765kV transmission line and 
the associated access roads and right-of-way may (1) degrade surface 
and ground water quality due to the application of herbicides; (2) 
degrade surface and ground water quality because of sedimentation 
resulting from soil disturbance and vegetation removal; (3) reduce the 
quantity of ground and spring water due to the disturbance of aquifers 
resulting from blasting, earthmoving or construction machinery 
operation; and (4) adversely affect the commercial use of ground and 
surface waters due to herbicide contamination and sedimentation.
--The construction and maintenance of the 765kV transmission line and 
the associated access roads and right-of-way may affect existing 
cultural resources, and historic structures and districts through the 
direct effects of the construction and maintenance activities and by 
changing the existing resource setting.
--The operation and maintenance of the 765kV transmission line and the 
associated access roads and right-of-way may adversely affect human 
health through (1) direct and indirect exposure to herbicides and (2) 
exposure to electromagnetic fields and induced voltage.
--The construction of the 765kV transmission line may adversely affect 
the safety of those operating aircraft at low altitudes or from 
airports located near the transmission line.
--The operation of the 765kV transmission line may (1) adversely affect 
communications by introducing a source of interference; (2) increase 
noise levels for those in close proximity to the line.
--The construction, operation and maintenance of the 765kV transmission 
line and the associated access roads and right-of-way may (1) adversely 
affect trails (including the Appalachian Trail) and trail facilities by 
facilitating vehicle access through new road construction and the 
upgrading of existing roads; and (2) reduce hiker safety by 
facilitating

[[Page 40969]]

vehicle access to remote trail locations.
--The construction, operation and maintenance of the 765kV transmission 
line and the associated access roads and right-of-way may affect 
hunting, fishing, hiking, camping, boating and birding opportunities 
and experiences because (1) the setting in which these pursuits take 
place may be altered; and (2) the noise associated with the operation 
of the line may detract from the backcountry or recreation experience.
--The construction and operation of the 765kV transmission line and the 
associated access roads and right-of-way may affect local communities 
by (1) reducing the value of private lands adjacent to the line (2) 
decreasing tax revenues due to the reductions in land value; and (3) 
influencing economic growth, industry siting, and employment.
--The construction, operation and maintenance of the 765kV transmission 
line and the associated access roads and right-of-way may (1) conflict 
with management direction contained in resource management plans and 
designations; (2) affect the uses that presently occur on and adjacent 
to the proposed right-of-way; (3) affect the wild, scenic and/or 
recreational qualities of the New River; (4) affect sensitive land uses 
like schools, churches, and community facilities; (5) affect the 
cultural attachment residents feel toward Peters Mountain; (6) affect 
the scenic and/or recreational qualities of the Appalachian National 
Scenic Trail (Appalachian Trail); and (7) result in family 
displacement.
--The construction, operation and maintenance of the 765kV transmission 
line and the associated access roads and right-of-way may adversely 
affect the visual attributes of the area because the line, the 
associated right-of-way, and access roads may (1) alter the existing 
landscape; and (2) conflict with the standards established for scenic 
designations.
--The construction, operation and maintenance of the 765kV transmission 
line and the associated access roads and right-of-way may affect 
wildlife, plant and aquatic populations, habitat and livestock because 
(1) habitats are created, changed or eliminated; (2) herbicides are 
used and herbicides may be toxic; (3) the transmission line presents a 
flight hazard to birds; (4) electromagnetic fields and induced voltage 
may be injurious.
--The construction of the 765kV transmission line and the associated 
access roads and right-of-way may have a disproportionately high and 
adverse human health or environmental effects on minority and low 
income populations as indicated in Executive Order 12898.
--The construction and operation of the 765kV transmission line may 
adversely affect astronomical observation activities at the Martin 
Observatory (VPI) due to the introduction of obstructions to the sky 
(lines and towers), the introduction of light from coronal discharge, 
and the disruption of sensitive electronic equipment by electromagnetic 
fields.
--The construction and operation of the 765kV transmission line may 
adversely affect seismological observation activities at the VPI 
seismic stations located near Forest Hill and Potts Mountain.
--The construction and maintenance of the 765kV transmission line and 
the associated access roads and right-of-way may affect the cultural 
attachment that residents have for the valley between Blacksburg and 
Catawba, Craig County, Giles County, Mercer County and portions of 
Montgomery County.

    The following permits and/or licenses would be required to 
implement the proposed action:

--Certificate of Public Convenience and Necessity (Virginia State 
Corporation Commission--received on May 25, 2001)
--Certificate of Public Convenience and Necessity (West Virginia Public 
Service Commission--received on May 27, 1998)
--Special Use Authorization (Forest Service)
--Section 10 Permit (US Army Corps of Engineers)
--Right-of-Way Easement (US Army Corps of Engineers)
--Consent to Easement (US Army Corps of Engineers)
--Other authorizations may be required from a variety of Federal and 
State agencies.

    Public participation occurred at several points during the federal 
analysis process. The first point in the analysis was the scoping 
process (40 CFR 1501.7). The Forest Service obtained information, 
comments, and assistance from Federal, State and local agencies, the 
proponent of the action, and other individuals or organizations who are 
interested in or affected by the electric transmission line proposal. 
This input was utilized in the preparation of the draft environmental 
impact statement. The scoping process included, (1) identifying 
potential issues, (2) identifying issues to be analyzed in depth, (3) 
eliminating insignificant issues or those which have been covered by a 
relevant previous environmental analysis.
    With the change in the location of the proposed action, the federal 
agencies will resume the scoping process by holding 3 public meetings 
and accepting additional comments on the scope of the analysis. The 
following meetings have been scheduled to provide the public with 
information regarding the federal analysis and to accept written 
comments on the proposal. The open-house portion of the meetings will 
begin at 5 p.m. and end at 8 p.m. At 7:00 there will be a short 
presentation followed by an opportunity for questions.
    August 20, 2001 at Springville Elementary School, North Tazewell, 
Virginia.
    August 21, 2001 at Fort Chiswell High School, Max Meadows, 
Virginia.
    August 23, 2001 at Bland County High School, Bland, Virginia.
    The supplemental draft environmental impact statement is expected 
to be filed with the Environmental Protection agency (EPA) and 
available for public review by April 8, 2002. At that time, EPA will 
publish a notice of availability of the supplemental draft 
environmental impact statement in the Federal Register. The comment 
period on the supplemental draft environmental impact statement will be 
45 days from the date the EPA publishes the notice of availability in 
the Federal Register.
    The final environmental impact statement is expected to be filed 
with the Environmental Protection Agency (EPA) and available for public 
review in October, 2002.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental impact statement review process. 
First, reviewers of draft (and supplemental draft) environmental impact 
statements must structure their participation in the environmental 
review of the proposal so that it is meaningful and alerts an agency to 
the reviewer's position and contentions. Vermont Yankee Nuclear Power 
Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections 
that could be raised at the draft environmental impact statement 
(including supplemental draft environmental impact statements) stage 
but that are not raised until after completion of the final 
environmental impact statement may be waived or dismissed by the 
courts. City of Angoon

[[Page 40970]]

v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, 
Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D.Wis. 1980). Because of 
these court rulings, it is very important that those interested in this 
proposed action participate by the close of the 45-day comment period 
so that substantive comments and objections are made available to the 
Forest Service at a time when it can meaningfully consider them and 
respond to them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the supplemental draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
supplemental draft environmental impact statement. Comments may also 
address the adequacy of the supplemental draft environmental impact 
statement or the merits of the alternatives formulated and discussed in 
the statement. (Reviewers may wish to refer to the Council on 
Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points.)
    After the comment period ends on the supplemental draft 
environmental impact statement, the comments will be analyzed, 
considered, and responded to be the three federal agencies in preparing 
the final environmental impact statement.
    The responsible officials will consider the comments, responses, 
environmental consequences discussed in the final environmental impact 
statement, and applicable laws, regulations, and policies in making a 
decision regarding the proposal to cross federal lands with a 765,000-
bolt transmission line. The responsible officials will document their 
decisions and reasons for their decisions in a Record of Decision.
    The responsible official for the Forest service is William E. 
Damon, Jr., Forest Supervisor, George Washington and Jefferson National 
Forests, 5162 Valleypointe Parkway, Roanoke, Virginia, 24019. The 
responsible official for the National Park Service is Pamela Underhill, 
Park Manager, Appalachian National Scenic Trail, National Park Service, 
Harpers Ferry Center, Harpers Ferry, West Virginia 25425. The 
responsible official for the US Army Corps of Engineers in West 
Virginia is Colonel John D. Rivenburgh, US Army Corps of Engineers, 
Huntington District, 508 8th Street, Huntington, West Virginia 25701-
2070. The responsible official for the US Army Corps of Engineers in 
Virginia is Colonel David L. Hansen, US Army Corps of Engineers, 
Norfolk District, 803 Front Street, Norfolk, Virginia 23510.

    Dated: July 31, 2001.
William E. Damon, Jr.,
Forest Supervisor, George Washington and Jefferson National Forests.
[FR Doc. 01-19555 Filed 8-3-01; 8:45 am]
BILLING CODE 3410-11-M