[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Notices]
[Pages 51770-51773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24476]
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DEPARTMENT OF AGRICULTURE
Forest Service
Appalachian Power Company Transmission Line Construction-
Cloverdale, VA, to Oceana, WV; 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, and Giles and the West
Virginia Counties of Monroe, Summers, Mercer, and Wyoming
AGENCY: Forest Service, USDA.
ACTION: Revised notice--revises the publication date for the draft and
final environmental impact statements; changes the name of the
responsible official for the National Park Service and provides updated
information on the federal agenices' analysis.
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SUMMARY: The Forest Service will prepare a draft and final
environmental impact statement on a proposed action to authorize the
Appalachian Power Company to construct a 765,000-volt transmission line
across approximately twelve 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 federal agencies identified a study area in which alternatives
to the proposed action were developed. The study area includes 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.
The Appalachian Power Company proposal involves federal land under
the administrative jurisdiction of the USDA Forest Service (George
Washington and Jefferson National Forests), the USDI National Park
Service (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 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 Appalachian Power Company 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 total length of the electric transmission line proposed by the
Appalachian Power Company is approximately 115 miles.
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) and June 9, 1995 (60 FR 30511-30514).
FOR FURTHER INFORMATION CONTACT:
Frank Bergmann, Forest Service Project Coordinator, George Washington
and Jefferson National Forests, 5162 Valleypointe Parkway, Roanoke,
Virginia, 24019/(540) 265-6005.
TO PROVIDE COMMENTS TO THE FEDERAL AGENCIES: Write to the George
Washington and Jefferson National Forests, Attn: Transmission Line
Analysis, 5162 Valleypointe Parkway, Roanoke, Virginia, 24019.
SUPPLEMENTARY INFORMATION: The Appalachian Power Company submitted
[[Page 51771]]
an application to the Jefferson National Forests (the name changed in
1995) for authorization 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 Guyandotte River) would also be crossed by the proposed
transmission line.
Studies conducted by the Appalachian Power Company and submitted to
the Virginia State Corporation Commission, as part of its application
and approval process, indicate a need to reinforce its extra high
voltage transmission system by the mid-to-late 1990s in order to
maintain a reliable power supply for projected demands within its
service territory in central and western Virginia and southern West
Virginia.
A study to evaluate potential route locations for the proposed
transmission line was prepared for the Appalachian Power Company
through a contract with Virginia Polytechnic Institute and State
University (VPI) and West Virginia University (WVU). The information
gathered by VPI and WVU, along with other information collected during
the analysis process, will be utilized in the preparation of the
environmental impact statement. Information about the transmission line
approval is available from the George Washington and Jefferson National
Forests.
The decisions to be made following the environmental analysis are
whether the Forest Service, the National Park Service, and the US Army
Corps of Engineers will authorize Appalachian Power Company to cross
the George Washington and Jefferson National Forests, 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.
In preparing the environmental impact statement a range of routing
alternatives will be considered to meet the purpose and need for the
proposed action. A no action alternative will also be analyzed. Under
the no action alterantaive APCO would not be authorized to cross the
George Washington and Jefferson National Forests, the Appalachian
National Scenic Trail, the New River or R.D. Bailey Lake Flowage
Easement Land. The alternatives developed by VPI and WVU also be
considered.
In July of 1994, the federal agencies identified a number of
alternatives to the proposed action in the Virginia countries of
Botetourt, Roanoke, Graig, Montgomery, Pulaski, Bland, and Giles and
the West Virginia countries of Monroe, Summers and Mercer. These
alternative corridors were modified by the federal agencies in May of
1995. A public comment period was afforded by the federal agencies on
these alternative corridor modifications between May 25 and June 30,
1995.
The federal analysis will include an analysis of the effects of the
proposed transmission line along the entire proposed route as well as
all alternative routes which are considered in detail.
The significant issues 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 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 reduction 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; and (6)
affect the scenic and/or recreational qualities of the Appalachian
National Scenic Trail (Appalachian Trail).
--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
[[Page 51772]]
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, Mercer County and portions of Montgomery County.
This issue was expanded to include Giles 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)
--Certificate of Public Convenience and Necessity (West Virginia Public
Service Commission)
--Special Use Authorization (Forest Service)
--Right-of-Way Authorization (National Park 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 will occur 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 will be 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.
Public participation was solicited through contracts with known
interested and/or affected groups, and individuals; news releases;
direct mailings; and/or newspaper advertisements. Public meetings were
also held to hear comments concerning the Appalachian Power Company
proposal and to develop the significant issues to be considered in the
analysis.
A similar process of public involvement was implemented by the
federal agencies for the Preliminary Alternative Corridors announced in
July of 1995.
Other public participation opportunities will be provided
throughout the federal analysis process.
The Forest Service routinely publishes newsletters describing
various aspects of the federal agencies analysis of the transmission
line proposal. The next newsletter is scheduled for publication in
October of 1995 and will include a revision to alternative corridors
currently being considered by the federal agencies.
The draft environmental impact statement is expected to be filed
with the Environmental Protection Agency (EPA) and available for public
review by April 12, 1996. This revises the October 20, 1995 date
previously announced. At that time, EPA will publish a notice of
availability of the draft environmental impact statement in the Federal
Register. The comment period on the draft environmental impact
statement will be 90 days from the date the EPA publishes the notice of
availability in the Federal Register.
Reviewers needed to be aware of several court rulings related to
public participation in the environmental impact statement review
process. First, reviewers of 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 contentious. 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 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 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 90-
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 draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the 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 draft environmental impact
statement, the comments will be analyzed, considered, and responded to
by the three federal agencies in preparing the final environmental
impact statement. The federal agencies have decided to await the
decisions of the Virginia State Corporation Commission and the West
Virginia Public Service Commission on the Appalachian Power Company
proposal before publishing the final environmental impact statement. It
is not known when the two Commission's will issue their decisions. When
these decisions are made the federal agencies will announce the
publication date of the final environmental impact statement.
The responsible officials will consider the comments, responses,
environmental consequences discussed
[[Page 51773]]
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-volt 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, Dr., Forest Supervisor, George Washington and Jefferson National
Forests, 5162 Valleypointe Parkway, Roanoke, Virginia, 24019. The
responsible official for the National Park Service is changed from Don
King to Pamela Underhill, Acting Project Manager, Appalachian National
Scenic Trail, National Park Service, Harpers Ferry Center, Harpers
Ferry, West Virginia 25425. The responsible official for the the US
Army Corps of Engineers in West Virginia is Colonel Richard Jemiola, 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 Andrew M. Perkins,
Jr., US Army Corps of Engineers, Norfolk District, 803 Front Street,
Norfolk, Virginia 23510.
Dated September 25, 1995.
William E. Damon, Jr.,
Forest Supervisor, George Washington and Jefferson National Forests.
[FR Doc. 95-24476 Filed 10-2-95; 8:45 am]
BILLING CODE 3410-11-M
