[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Notices]
[Pages 23535-23538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09748]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-3-000]


Mountain Valley Pipeline, LLC; Notice of Intent To Prepare an 
Environmental Impact Statement for the Planned Mountain Valley Pipeline 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the Mountain Valley Pipeline 
Project (MVP Project) involving construction and operation of natural 
gas facilities by Mountain Valley Pipeline, LLC (Mountain Valley), a 
joint venture between affiliates of EQT Corporation and NextEra Energy, 
Inc., in West Virginia and Virginia. For further details about the 
project facilities and locations, see ``Summary of the Proposed 
Project'' below. The Commission will use this EIS in its decision-
making process to determine whether the project is in the public 
convenience and necessity.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. You can make a difference by providing us with 
your specific comments or concerns about the project. Your comments 
should focus on the potential environmental effects, reasonable 
alternatives, and measures to avoid or lessen environmental impacts. 
Your input will help the Commission staff determine what issues they 
need to evaluate in the EIS. To ensure that your comments are timely 
and properly recorded, please send your comments so that the Commission 
receives them in Washington, DC on or before June 16, 2015.
    If you sent comments on this project to the Commission before the 
opening of the docket on October 27, 2014, you will need to re-file 
those comments in Docket No. PF15-3-000 to ensure they are considered 
as part of this proceeding. Any comments submitted after the 
establishment of a project docket do not need to be re-filed.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of this planned 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a Mountain Valley 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the planned facilities. The company 
would seek to negotiate a mutually acceptable agreement. However, if 
the Commission approves the project, that approval conveys with it the 
right of eminent domain. Therefore, if easement negotiations fail to 
produce an agreement, the pipeline company could initiate condemnation 
proceedings where compensation would be determined in accordance with 
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility On My Land? What Do I Need To Know?'' is available for 
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses 
a number of typically asked questions, including the use of eminent 
domain and how to participate in the Commission's proceedings.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. Your comments should focus on 
the potential environmental effects, reasonable alternatives, and 
measures to avoid or lessen environmental impacts. The more specific 
your comments, the more useful they will be. To ensure that your 
comments are timely and properly recorded, please send your comments so 
that the Commission receives them in Washington, DC on or before June 
16, 2015.
    For your convenience, there are four methods you can use to submit 
your comments to the Commission. In all instances, please reference the 
project docket number (PF15-3-000) with your submission. The Commission 
encourages electronic filing of comments and has expert staff available 
to assist you at (202) 502-8258 or [email protected].
    (1) You can file your comments electronically using the eComment 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents & Filings. This is an easy method for interested 
persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling 
feature located on the Commission's Web site (www.ferc.gov) under the 
link to Documents & Filings. With eFiling, you can provide 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. You must select the type of filing you are making. If you 
are filing a comment on a particular project, please select Comment on 
a Filing; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 
20426.
    (4) In lieu of sending written or electronic comments, the 
Commission invites you to attend one of the public scoping meetings its 
staff will conduct in the project area, scheduled as follows.

[[Page 23536]]



                FERC Public Scoping Meetings--MVP Project
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           Date and time                         Location
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Monday, May 4, 2015, 7:00 p.m......  James Monroe High School, Route
                                      1, Lindside, WV 24951.
Tuesday, May 5, 2015, 7:00 p.m.....  Eastern Montgomery High School,
                                      4695 Crozier Road, Elliston,
                                      VA 24087.
Thursday, May 7, 2015, 7:00 p.m....  Chatham High School, 100
                                      Cavalier Circle, Chatham, VA
                                      24531.
Monday, May 11, 2015, 7:00 p.m.....  Robert C. Byrd Center, 992
                                      North Fork Road, Pine Grove,
                                      WV 26419.
Tuesday, May 12, 2015, 7:00 p.m....  West Virginia University
                                      Jackson's Mill, 160 WVU
                                      Jackson Mill, Weston, WV 26452.
Wednesday, May 13, 2015, 7:00 p.m..  Nicholas County High School, 30
                                      Grizzly Road, Summersville, WV
                                      26651.
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    We \1\ will begin our sign-up of speakers one hour prior to the 
start of each meeting (at 6:00 p.m.). The scoping meetings will begin 
at 7:00 p.m., with a description of our environmental review process by 
Commission staff, after which speakers will be called. Each meeting 
will end once all speakers have provided their comments or when our 
contracted time for the facility closes. Please note that there may be 
a time limit of three minutes to present comments, and speakers should 
structure their comments accordingly. If time limits are implemented, 
they will be strictly enforced to ensure that as many individuals as 
possible are given an opportunity to comment. The meetings will be 
recorded by a stenographer to ensure comments are accurately recorded. 
Transcripts will be entered into the formal record of the Commission 
proceeding. The Commission will give equal consideration to all 
comments received, whether filed in written form or provided verbally 
at the scoping meeting.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    Mountain Valley representatives will be present one hour prior to 
the start of the scoping meetings to provide additional information 
about the project and answer questions.

Summary of the Planned Project

    The MVP Project would involve the construction and operation of 
about 294 miles of 42-inch-diameter buried steel pipeline in Wetzel, 
Harrison, Doddridge, Lewis, Braxton, Webster, Nicholas, Greenbrier, 
Fayette, Summers, and Monroe Counties, West Virginia and Giles, 
Montgomery, Roanoke, Franklin, and Pittsylvania Counties in Virginia. 
The pipeline would originate at Equitrans, L.P.'s existing transmission 
system in Wetzel County, West Virginia and terminate at the existing 
Transcontinental Gas Pipeline Company LLC's existing Zone 5 Compressor 
Station 165 in Pittsylvania County, Virginia. Additional facilities 
would include 4 new compressor stations in Wetzel, Braxton, and Fayette 
Counties, West Virginia and Montgomery County, Virginia; 4 new meter 
stations; 49 main line valves, and 6 pig \2\ launchers and/or 
receivers.
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    \2\ A ``pig'' is an internal tool that the pipeline company 
inserts into and pushes through the pipeline for cleaning, 
inspections, or other purposes.
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    The MVP Project would provide about 2 billion cubic feet of natural 
gas per day to markets in the Mid-Atlantic and Southeastern United 
States. The general location of the project facilities are shown in 
appendix 1.\3\
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    \3\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of the appendices were sent to all 
those receiving this notice in the mail and are available at 
www.ferc.gov using the link called ``eLibrary'' or from the 
Commission's Public Reference Room, 888 First Street NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the planned facilities would disturb about 5,458 
acres of land for the pipeline and aboveground facilities, not 
including temporary access roads which are not yet determined. 
Following construction, Mountain Valley would maintain about 2,687 
acres for permanent operation of the project's facilities, not 
including permanent access roads; the remaining acreage would be 
restored and revert to former uses. About 15 percent of the planned 
pipeline route parallels existing pipeline, utility, and road rights-
of-way.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the 
Commission to take into account the environmental impacts that could 
result from an action whenever it considers the issuance of a 
Certificate of Public Convenience and Necessity. The NEPA also requires 
us to discover and address concerns the public may have about 
proposals. This process is referred to as scoping. The main goal of the 
scoping process is to focus the analysis in the EIS on the important 
environmental issues. By this notice, the Commission requests public 
comments on the scope of the issues to address in the EIS. We will 
consider all filed comments (including verbal comments presented at the 
public scoping meetings) during the preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
     Geology and soils;
     Water resources and wetlands;
     Vegetation and wildlife;
     Cultural resources;
     Land use, recreation, and visual resources;
     Socioeconomics;
     Air quality and noise;
     Cumulative impacts; and
     Public safety.
    As part of our analysis under the NEPA, we will consider or 
recommend measures to avoid, minimize, or mitigate impacts on specific 
resources. We will also evaluate possible alternatives to the planned 
project or portions of the project. Mountain Valley has proposed a 
number of alternatives, developed through the company's route selection 
process or identified by stakeholders, in draft Resource Report 10 
filed with the FERC in Docket No. PF15-3-000 on April 14, 2015. During 
scoping, we are specifically soliciting comments on the range of 
alternatives for the project.
    Although no formal application has been filed, we have already 
initiated our environmental review under the Commission's pre-filing 
process. The purpose of the pre-filing process is to encourage early 
involvement of interested stakeholders and to identify and resolve 
issues before the FERC receives a formal application from Mountain 
Valley. During the pre-filing process, we contacted federal and state 
agencies to discuss their involvement in scoping and the preparation of 
the EIS.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues 
related to this project to formally cooperate with us in the 
preparation of the EIS.\4\ Agencies that would like to request 
cooperating

[[Page 23537]]

agency status should follow the instructions for filing comments 
provided under the Public Participation section of this notice. 
Currently, the U.S. Department of Agriculture, Forest Service, 
Jefferson National Forest (USFS); U.S. Army Corps of Engineers, 
Huntington and Norfolk Districts; U.S. Environmental Protection Agency, 
Region 3; U.S. Department of Transportation, Pipeline and Hazardous 
Materials Safety Administration; West Virginia Department of Natural 
Resources; and West Virginia Department of Environmental Protection 
expressed their intention to participate as cooperating agencies in the 
preparation of the EIS.
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    \4\ The Council on Environmental Quality implementing 
regulations for the NEPA addresses cooperating agency 
responsibilities at Title 40, Code of Federal Regulations, Part 
1501.6.
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    The EIS will present our independent analysis of the issues. We 
will publish and distribute a draft EIS for public comment. After the 
comment period, we will consider all timely comments and revise the 
document, as necessary, before issuing a final EIS.

Proposed Actions of the USFS

    The USFS is participating as a cooperating agency because the MVP 
Project would cross the Jefferson National Forest in West Virginia and 
Virginia. As a cooperating agency, the USFS intends to adopt the EIS 
per Tile 40 Code of Federal Regulations Part 1506.3 to meet its 
responsibilities under the NEPA regarding Mountain Valley's planned 
application to the USFS for a Right-of-Way Grant and Temporary Use 
Permit for crossing federally administered lands. The USFS additionally 
will assess how the planned pipeline conforms to the directions 
contained in the Jefferson National Forest's Land and Resource 
Management Plan (LRMP). Changes in the LRMP could be required if the 
pipeline is authorized across the National Forest. The EIS will provide 
the documentation to support any needed amendments to the LRMP.

Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultation 
with the applicable State Historic Preservation Offices, and to solicit 
their views and those of other government agencies, interested Indian 
tribes, and the public on the project's potential effects on historic 
properties.\5\ We will define the project-specific Area of Potential 
Effects (APE) in consultation with the SHPOs as the project develops. 
On natural gas facility projects, the APE at a minimum encompasses all 
areas subject to ground disturbance (examples include construction 
right-of-way, contractor/pipe storage yards, compressor stations, and 
access roads). Our EIS for this project will document our findings on 
the impacts on historic properties and summarize the status of 
consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation implementing 
regulations for the National Historic Preservation Act are at Title 
36, Code of Federal Regulations, Part 800. Those regulations define 
historic properties as any prehistoric or historic district, site, 
building, structure, or object included in or eligible for inclusion 
in the National Register of Historic Places.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention in the EIS, from our preliminary review of the planned 
facilities, environmental information provided by Mountain Valley, and 
comments by stakeholders. This preliminary list of issues may change 
based on your comments and our further analyses. These issues include:
     Karst terrain, sinkholes, and caves;
     Domestic water sources, wells, springs, and waterbodies;
     Forested areas;
     Federally-listed threatened and endangered species, 
including mussels and bats;
     National Register of Historic Places listed Rural Historic 
Districts and other historic properties;
     Appalachian Trail, Blue Ridge Parkway, and other scenic 
by-ways;
     Residential developments and property values;
     Tourism and recreation;
     Local infrastructure and emergency response systems;
     Public safety;
     Operational noise from planned compressor stations; and
     Alternatives and their potential impacts on a range of 
resources.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Indian tribes and Native 
American organizations; other interested parties; and local libraries 
and newspapers. This list also includes all affected landowners (as 
defined in the Commission's regulations) who are potential right-of-way 
grantors, whose property may be used temporarily for project purposes, 
or who own homes within certain distances of aboveground facilities, 
and anyone who provides a mailing addressed when they submit comments 
on the project. We will update the environmental mailing list as the 
analysis proceeds to ensure that we send the information related to 
this environmental review to all individuals, organizations, and 
government entities interested in and/or potentially affected by the 
planned project.
    Copies of the completed draft EIS will be sent to the environmental 
mailing list for public review and comment. If you would prefer to 
receive a paper copy of the document instead of the CD version or would 
like to remove your name from the mailing list, please return the 
attached Information Request (appendix 2).

Becoming an Intervenor

    Once Mountain Valley files its formal application with the 
Commission, you may want to become an ``intervenor'' which is an 
official party to the Commission's proceeding. Intervenors play a more 
formal role in the process and are able to file briefs, appear at 
hearings, and be heard by the courts if they choose to appeal the 
Commission's final ruling. An intervenor formally participates in the 
proceeding by filing a request to intervene. Instructions for becoming 
an intervenor are in the User's Guide under the e-filing link on the 
Commission's Web site. Please note that the Commission will not accept 
requests for intervenor status during the pre-filing process. You must 
wait until the Commission receives a formal application for the project 
from Mountain Valley, and the FERC issues a Notice of Application.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC Web site (www.ferc.gov) 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., PF15-
3). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at (866) 208-3676, or 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 which allows you to keep track of all formal issuances 
and submittals in specific

[[Page 23538]]

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 
www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: April 17, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-09748 Filed 4-27-15; 8:45 am]
 BILLING CODE 6717-01-P