[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15215-15217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05862]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-057-000]


Mountain Valley Pipeline, LLC; Notice of Scoping Period and 
Requesting Comments on Environmental Issues for the Proposed Amendment 
to the Certificate of Public Convenience and Necessity for the Mountain 
Valley Pipeline Project

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental document, that will discuss 
the environmental impacts of the Amendment to the Certificate of Public 
Convenience and Necessity for the Mountain Valley Pipeline Project 
(Amendment Project) involving construction and operation of facilities 
by Mountain Valley Pipeline, LLC (Mountain Valley) in Wetzel, Lewis, 
Webster, Nicholas, Greenbrier, Summers, and Monroe Counties, West 
Virginia and Giles, Montgomery, Roanoke, Franklin, and Pittsylvania 
Counties, Virginia. The Commission will use this environmental document 
in its decision-making process.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the amendment. As part of the National Environmental 
Policy Act (NEPA) review process, the Commission takes into account 
concerns the public may have about proposals and the environmental 
impacts that could result from its action whenever it considers the 
issuance or amendment of a Certificate of Public Convenience and 
Necessity. This gathering of public input is referred to as 
``scoping.'' The main goal of the scoping process is to focus the 
analysis in the environmental document on the important environmental 
issues. Additional information about the Commission's NEPA process is 
described below in the NEPA Process and Environmental Document section 
of this notice.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the environmental document. To ensure 
that your comments are timely and properly recorded, please submit your 
comments so that the Commission receives them in Washington, DC on or 
before 5:00 pm Eastern Time on April 15, 2021. Comments may be 
submitted in written form. Further details on how to submit comments 
are provided in the Public Participation section of this notice.
    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 environmental document. Commission 
staff will consider all written comments during the preparation of the 
environmental document.
    If you submitted comments on this project to the Commission before 
the opening of this docket on February 19, 2021, you will need to file 
those comments in Docket No. CP21-057-000 to ensure they are considered 
as part of this proceeding.
    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 proposed 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of an easement to 
construct, operate, and maintain the proposed facilities. The company 
would seek to negotiate a mutually acceptable easement agreement. You 
are not required to enter into an agreement. However, if the Commission 
approves the project, the Natural Gas Act conveys the right of eminent 
domain to the company. Therefore, if you and the company do not reach 
an easement agreement, the pipeline company could initiate condemnation 
proceedings in court. In such instances, compensation would be 
determined by a judge in accordance with state law. The Commission does 
not subsequently grant, exercise, or oversee the exercise of that 
eminent domain authority. The courts have exclusive authority to handle 
eminent domain cases; the

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Commission has no jurisdiction over these matters.
    Mountain Valley provided landowners with a fact sheet prepared by 
the FERC entitled ``An Interstate Natural Gas Facility On My Land? What 
Do I Need To Know?'' which addresses typically asked questions, 
including the use of eminent domain and how to participate in the 
Commission's proceedings. This fact sheet along with other landowner 
topics of interest are available for viewing on the FERC website 
(www.ferc.gov) under the Natural Gas Questions or Landowner Topics 
link.

Public Participation

    There are three methods you can use to submit your comments to the 
Commission. Please carefully follow these instructions so that your 
comments are properly recorded. The Commission encourages electronic 
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. Using eComment 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, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. 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 will be asked to select the type of filing you 
are making; a comment on a particular project is considered a ``Comment 
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the project docket number (CP21-
057-000) on your letter. Submissions sent via the U.S. Postal Service 
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called 
eSubscription which makes it easy to stay informed of all issuances and 
submittals regarding the dockets/projects to which you subscribe. These 
instant email notifications are the fastest way to receive notification 
and provide a link to the document files which can reduce the amount of 
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    On October 13, 2017, the FERC issued a Certificate of Public 
Convenience and Necessity for the Mountain Valley Pipeline Project 
under docket CP16-010-000. The Mountain Valley Pipeline Project 
consists of approximately 303.5 miles of new natural gas pipeline and 
multiple aboveground facilities located in West Virginia and Virginia.
    The Certificate of Public Convenience and Necessity for the 
Mountain Valley Pipeline Project authorized open-cut crossings for 
wetlands and waterbodies within the construction right-of-way. With the 
Amendment Project, Mountain Valley proposes to change the crossing 
method for specific wetlands and waterbodies to one of several 
trenchless crossing methods. In addition, Mountain Valley proposes two 
minor route adjustments to avoid crossing wetlands and waterbodies.
    Specifically, the Amendment Project would consist of the following:
     120 trenchless crossings of 182 waterbodies and wetlands 
(this includes 117 conventional bore crossings, 2 Direct Pipe 
crossings, and 1 guided conventional bore crossing);
     a minor route adjustment near milepost 230.8 to avoid the 
need to cross a waterbody; and
     a minor workspace adjustment near milepost 0.70 to avoid 
the need to cross a wetland.

Land Requirements for Construction

    Construction of the trenchless pipeline crossings would not result 
in a change of land requirements compared to the previously 
Certificated Mountain Valley Pipeline Project. The minor route 
adjustment near milepost 230.8 would require approximately 0.13 acre 
for construction and 0.04 acre for operation outside of the previously 
reviewed workspace for the Certificated Mountain Valley Pipeline 
Project. The workspace shift near milepost 0.70 would not result in 
additional impacts outside of the already certificated construction and 
permanent work areas for the Mountain Valley Pipeline Project.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss 
impacts that could occur as a result of the construction and operation 
of the proposed project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise; and
     reliability and safety.
    Commission staff have already identified several issues that 
deserve attention based on a preliminary review of the proposed 
facilities and the environmental information provided by Mountain 
Valley. This preliminary list of issues may change based on your 
comments and our analysis:
     Protection of water resources and wetlands during the 
trenchless crossings;
     noise impacts and air emissions from construction; and
     potential impacts on groundwater from temporary dewatering 
activities.
    Commission staff will also evaluate reasonable alternatives to the 
proposed project or portions of the project and make recommendations on 
how to lessen or avoid impacts on the various resource areas. Your 
comments will help Commission staff identify and focus on the issues 
that might have an effect on the human environment and potentially 
eliminate others from further study and discussion in the environmental 
document.
    Following this scoping period, Commission staff will determine 
whether to prepare an Environmental Assessment (EA) or an Environmental 
Impact Statement (EIS). The EA or the EIS will present Commission 
staff's independent analysis of the issues. If Commission staff 
prepares an EA, a Notice of Schedule for the Preparation of an 
Environmental Assessment will be issued. The EA may be issued for an 
allotted public comment period. The Commission would consider timely 
comments on the EA before making its decision regarding the proposed 
project. If Commission staff prepares an EIS, a Notice of Intent to 
Prepare an EIS/Notice of Schedule will be issued, which will open up an 
additional comment period. Staff will then prepare a draft EIS which 
will be issued for public comment. Commission staff will consider all 
timely comments received during the comment period on the draft EIS and 
revise the document, as necessary, before issuing a final EIS. Any EA 
or draft and final EIS will be available in electronic format in the 
public record through eLibrary \1\ and the

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Commission's natural gas environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant email notification 
when the environmental document is issued.
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    \1\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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    With this notice, the Commission is asking agencies with 
jurisdiction by law and/or special expertise with respect to the 
environmental issues of this project to formally cooperate in the 
preparation of the environmental document.\2\ Agencies that would like 
to request cooperating agency status should follow the instructions for 
filing comments provided under the Public Participation section of this 
notice.
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    \2\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Section 1501.8.
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Consultation 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, the Commission is using this notice to initiate 
consultation with the applicable State Historic Preservation Office(s), 
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.\3\ The environmental document for this 
project will document findings on the impacts on historic properties 
and summarize the status of consultations under section 106.
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    \3\ The Advisory Council on Historic Preservation's regulations 
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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Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Native American Tribes; and 
other interested parties. 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 submits comments on the project 
and includes a mailing address with their comments. Commission staff 
will update the environmental mailing list as the analysis proceeds to 
ensure that Commission notices related to this environmental review are 
sent to all individuals, organizations, and government entities 
interested in and/or potentially affected by the proposed project.
    If you need to make changes to your name/address, or if you would 
like to remove your name from the mailing list, please complete one of 
the following:
    (1) Send an email to [email protected] stating your 
request. You must include the docket number XXXX-XX-XXX in your 
request. If you are requesting a change to your address, please be sure 
to include your name and the correct address. If you are requesting to 
delete your address from the mailing list, please include your name and 
address as it appeared on this notice. This email address is unable to 
accept comments;

OR

    (2) Return the attached ``Mailing List Update Form'' (appendix 
1).\4\
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    \4\ 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''. For instructions on 
connecting to eLibrary, refer to the last page of this notice. At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the proclamation declaring a National 
Emergency concerning the Novel Coronavirus Disease (COVID-19), 
issued by the President on March 13, 2020. For assistance, contact 
FERC at [email protected] or call toll free, (886) 208-3676 
or TTY (202) 502-8659.
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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 website at www.ferc.gov using the eLibrary link. Click on the 
eLibrary link, click on ``General Search'' and enter the docket number 
in the ``Docket Number'' field. Be sure you have selected an 
appropriate date range. For assistance, please contact FERC Online 
Support at [email protected] or (866) 208-3676, or for TTY, 
contact (202) 502-8659. The eLibrary link also provides access to the 
texts of all formal documents issued by the Commission, such as orders, 
notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's 
calendar located at https://www.ferc.gov/news-events/events along with 
other related information.

    Dated: March 16, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-05862 Filed 3-19-21; 8:45 am]
BILLING CODE 6717-01-P