Appalachian Power Company Transmission Line Construction- Cloverdale, Virginia, to Oceana, West Virginia. Jefferson National Forest, 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

Federal RegisterJun 21, 1994

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DEPARTMENT OF AGRICULTURE

Appalachian Power Company Transmission Line Construction-

Cloverdale, Virginia, to Oceana, West Virginia. Jefferson National

Forest, 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; establishes the date, time and

location of four public meetings; changes the telephone number and

address of the USDA Forest Service, Jefferson National Forest; defines

the study area the agencies are using in developing alternatives to the

proposed action; and changes the responsible official for the National

Park Service.

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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 Jefferson National Forest, 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 have identified a study area in which

alternatives to the proposed action will be 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 (Jefferson

National Forest), the USDI National Park Service (Appalachian National

Scenic Trail) and the U.S. Army Corps of Engineers (New River and R.D.

Bailey Lake Flowage Easement Land).

The Forest Service will be the lead agency and is responsible for

the preparation of the environmental impact statement. The National

Park Service and the U.S. Army Corps of Engineers will be cooperating

agencies in accordance with 40 CFR Sec. 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 their Land and

Resource Management Plan (LRMP). Changes in the LRMP could be required

if the transmission line is authorized across the Jefferson National

Forest.

The total length of the electric transmission line proposed by the

Appalachian Power Company is approximately 115 miles.

The original notice indicated that the dates, times, and locations

for public meetings would be made known to the public through the

Federal Register. The following public meetings have been scheduled to

provide the public with an update on the federal analysis and to review

alternative transmission line corridors. The public meetings will begin

at 7:00 pm and end at 9:00 p.m. at the following locations:

July 12, 1994, New Castle High School, Route 615, New Castle, Virginia

July 13, 1994, Narrows High School, 115 Woodland Avenue, Narrows,

Virginia

July 14, 1994, Union High School, School Street, Union, West Virginia

July 15, 1994, Waiteville Community Center, Ray Siding Road,

Waiteville, West Virginia

FOR FURTHER INFORMATION CONTACT:

Frank Bergmann, Forest Service Project Coordinator, Jefferson National

Forest. The address and telephone number are changed from 210 Franklin

Road SW, Caller Service 2900, Roanoke, Virginia, 24001/(703) 982-4348

to 5162 Valleypointe Parkway, Roanoke, Virginia, 24019/(703) 265-6005.

SUPPLEMENTARY INFORMATION: The Appalachian Power Company has submitted

an application to the Jefferson National Forest 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 of the proposed

transmission line has been prepared for 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. General information about the

transmission line route proposal is available from the Jefferson

National Forest.

The decisions to be made following the environmental analysis are

whether the Forest Service, the National Park Service, and the U.S.

Army Corps of Engineers will authorize Appalachian Power Company to

cross the Jefferson National Forest, 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 alternative APCO would not be authorized to cross the

Jefferson National Forest, the Appalachian National Scenic Trail, the

New River or R.D. Bailey Lake Flowage Easement Land. The alternatives

developed by VPI and WVU will also be considered.

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 in 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

communication 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 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; 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

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) habitat 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 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 (U.S. Army Corps of Engineers)

--Right-of-Way Easement (U.S. Army Corps of Engineers)

--Consent to Easement (U.S. 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 Sec. 1501.7). The Forest Service has collected

information, comments, and assistance from Federal, State and local

agencies, the proponent of the aciton, 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 contacts 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. Similar public participation opportunities will be provided

throughout the federal analysis process.

The draft environmental impact statement is expected to be filed

with the Environmental Protection Agency (EPA) and available for public

review by February 28, 1995. This revises the September 1, 1994 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 45 days from the date the EPA publishes the notice of

availability in the Federal Register.

Reviewers need 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 contentions. Vermont Yankee Nuclear Power Corp.

v. NRDC, 435 U.S.C. 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, (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 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 Sec. 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 final environmental impact statement is expected

to be filed with the EPA and available for public review by August 1,

1995. This revises the February 1, 1995 date previously announced.

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 this document. 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 Joy E. Berg,

Forest Supervisor, Jefferson National Forest. The address is changed

from 210 Franklin Road SW, Caller Service 2900, Roanoke, Virginia 24001

to 5162 Valleypointe Parkway, Roanoke, Virginia 24019. The responsible

official for the National Park Service is changed from John Byrne to

Don King, Acting Project Manager--Appalachian National Scenic Trail,

National Park Service, Harpers Ferry Center, Harpers Ferry, West

Virginia 25425. The responsible official for the U.S. Army Corps of

Engineers is Colonel Earle C. Richardson, U.S. Army Corps of Engineers,

Huntington District, 508 8th Street, Huntington, West Virginia 25701-

2070.

Dated: June 10, 1994.

Joy E. Berg,

Forest Supervisor, Jefferson National Forest.

[FR Doc. 94-15004 Filed 6-20-94; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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