[Federal Register: July 24, 2003 (Volume 68, Number 142)]
[Notices]
[Page 43779-43782]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy03-156]
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TENNESSEE VALLEY AUTHORITY
Patriot Pipeline Crossing of the South Fork Holston River, Fort
Patrick Henry Reservoir, Sullivan County, TN
AGENCY: Tennessee Valley Authority (TVA).
ACTION: Record of decision and adoption of final environmental impact
statement for the Patriot Project prepared by the Federal Energy
Regulatory Commission (FERC).
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SUMMARY: This notice is provided in accordance with the Council on
Environmental Quality's regulations (40 Code of Federal Regulations
[CFR] Sections 1500 to 1508) and TVA's procedures implementing the
National Environmental Policy Act (NEPA).
On June 17, 2003, the TVA Board of Directors decided to grant a 30-
year easement over 0.3 acre of Tract No. FHR-1032 to East Tennessee
Natural Gas Company (ETNG). TVA would issue the easement under terms
provided in the Mineral Leasing Act (30 United States Code (U.S.C.)
185). The easement would allow the company to install a new 24-inch-
diameter natural gas pipeline loop on federal land managed by TVA as
part of Fort Patrick Henry Reservoir. The natural gas pipeline loop
proposed across TVA land in Sullivan County is part of a pipeline
expansion and new pipeline construction project known as the Patriot
Project. The environmental impacts of the Patriot Project were assessed
in a 2002 Environmental Impact Statement (EIS) prepared by FERC. TVA
was a cooperating agency in the preparation of this EIS. TVA has
independently reviewed the EIS prepared by FERC and found that the EIS
adequately addresses the environmental impacts of the Patriot Project.
Accordingly, pursuant to 40 CFR 1506.3(c), TVA is herewith adopting
FERC's EIS for the Patriot Project. TVA has also determined that the
alternatives considered in the EIS and the decision based on them will
further the policies set forth in Sections 101 and 102(1) of NEPA.
FOR FURTHER INFORMATION CONTACT: Harold M. Draper, NEPA Team Leader,
Environmental Policy and Planning, Tennessee Valley Authority, 400 West
Summit Hill Drive, WT 8C, Knoxville,
[[Page 43780]]
Tennessee 37902-1499; telephone (865) 632-6889 or e-mail
hmdraper@tva.gov.
SUPPLEMENTARY INFORMATION:
Background: On July 26, 2001, ETNG filed an application with FERC
for a Certificate of Public Convenience and Necessity under the Natural
Gas Act for authorization to construct and operate pipeline facilities
in Tennessee, Virginia, and North Carolina. the proposed facilities
would involve an expansion of ETNG's existing mainline facilities in
Tennessee and Virginia and an extension of a new pipeline across
southwestern Virginia and north-central North Carolina. Activities
related to the mainline expansion would include compressor station
construction and modifications, pipeline uprates, pipeline loop
construction, and abandonment at numerous locations between Perry
County, Tennessee, and Wythe County, Virginia. The Patriot Extension
would involve construction of 99.7 miles of new pipeline and associated
meter stations and taps in Wythe, Carroll, Floyd, Patrick, Henry, and
Pittsylvania Counties in Virginia, and Rockingham County in North
Carolina. The Patriot Project would provide natural gas to Duke Energy
electricity generation facilities in Murray County, Georgia, and Wythe
and Henry Counties, Virginia. In addition, gas would be provided to NUI
Energy Brokers, Progress Energy, Public Service Company of North
Carolina, and United Cities Gas Company for distribution to
residential, commercial, and industrial customers in Virginia and North
Carolina. The project would interconnect with the existing
Transcontinental Gas Pipeline Corporation (Transco) facility in
Rockingham County, North Carolina.
FERC issued a Notice of intent to prepare an EIS for the proposed
Patriot Project on October 2, 2001. Meetings to inform local citizens
about the project and to identify environmental issues to be addressed
in the EIS were held in Stuart, Wytheville, Hillsville, and
Martinsville, Virginia, and in Bristol and Chattanooga, Tennessee, in
October and November 2001. TVA responded to the notice informing FERC
that TVA would likely have a land use approval action related to the
project. Because of its land use jurisdiction, TVA was subsequently
included as a cooperating agency in the Draft EIS (DEIS). The
Environmental Protection Agency (EPA) published Notice of Availability
(NOA) of the DEIS in the Federal Register on May 3, 2002. Public
meetings to receive comments on the DEIS were held in Martinsville,
Stuart, and Hillsville, Virginia, and in Signal Mountain and Bristol,
Tennessee, in May 2002. As a cooperating agency, TVA provided comments
on the DEIS. During the DEIS public comment period, ETNG filed an
amendment to the Patriot Project to add facilities previously included
in a FERC certificate for another TVA project. The TVA project
facilities had been previously reviewed by FERC when considering
construction of a proposed TVA power plant in Franklin County,
Tennessee. FERC completed an Environmental Assessment and issued a
certificate for the proposed pipeline loops and other improvements
needed for the TVA project on December 21, 2001. TVA completed a Final
EIS (FEIS) on the proposed Franklin County Power Plant in August 2001
(EPA published NOA of the FEIS on August 31, 2001), but in 2002,
decided not to proceed with construction. ETNG subsequently decided to
incorporate certain previously approved facilities into its Patriot
Project and to request that the previous certificate be vacated upon
approval of the Patriot Project. ETNG also requested a realignment of
the pipeline loop in the vicinity of the South Fork Holston River to
minimize impacts to the Smith Shoals Subdivision and to provide for a
shorter river crossing. This and other route variations were evaluated
in more detail prior to completion of the FEIS. After considering
comments on the DEIS, FERC published the FEIS in September 2002. EPA
published NOA of the Patriot Project FEIS in the Federal Register on
September 27, 2002. FERC issued its certificate on November 20, 2002,
authorizing construction of facilities for the Patriot Project subject
to certain conditions to minimize impacts to the environment. FERC
denied all requests for rehearing on February 27, 2003.
Alternatives Considered
The EIS prepared by FERC considered use of other pipeline systems
(System Alternatives), Major Route Alternatives, and Route Variations,
in addition to No Action. The most likely System Alternative would
involve obtaining gas to meet the project purpose and need from
Transco. However, this alternative would involve extensive pipeline
construction along routes similar to those required by the Patriot
Project. A Mainline Expansion Route Alternative was evaluated in the
Signal Mountain area, but was determined to increase impacts to forest
land and would not have avoided impacts to nearby residences. The EIS
evaluated 13 major route variations that could potentially deliver gas
from the existing ETNG system to the area of Eden, North Carolina
(Henry County Power, LLC), and Wytheville (Duke Energy North America
Wythe, LLC), Virginia. None of the major route variations offered any
environmental advantages over the proposed delivery system, and many of
these variations augmented the length of the pipeline, increasing the
potential for environmental impacts. The EIS evaluated 8 minor route
variations to minimize impacts to specific sensitive resources or
nearly residences. Six of these variations were not recommended due to
increases in environmental impacts, but two were found to offer
environmental advantages. A site variation that offered environmental
advantages was the South Fork Holston River variation involving TVA
land. Finally, the EIS also evaluated eight site alternatives for
aboveground facilities, such as compressor stations. None of these site
alternatives were found to offer environmental advantages over the
proposed route.
For the proposed crossing of the South Fork Holston River (the
action that requires an easement from TVA), FERC and TVA considered a
route variation that would require the new loop to follow a slightly
longer course than that currently followed by the existing pipeline.
Since the route originally proposed would have run parallel to the
existing pipeline, there would not be enough space for a drill rig and
associated staging area. The route variation would allow additional
space by moving the river crossing 2,000 feet downstream of the
existing river crossing. The route variation is 0.58 miles longer,
would increase the land affected during construction by 7.3 acres, and
would increase impacts to forest lands by 3.2 acres as compared to the
expansion of the existing route across TVA land. However, the
variation, by avoiding the widening of the current pipeline crossing
through Smith Shoals Subdivision, would cause lesser traffic and noise
impacts to nearby residents. Further, drilling along the original
pipeline route would also have involved crossing land managed by the
Tennessee Wildlife Resources Agency and could have potentially impacted
an archaeological site. Impacts to these sensitive resources would be
avoided with the route variation. TVA agrees that the FERC alternatives
would achieve the purposes of Sections 101 and 102(1) of NEPA because
they seek to minimize impacts to important natural features and public
land, while allowing energy resources to be transported to end users.
On November 20, 2002, FERC released an order issuing a certificate
for the Patriot Project. The certificate issued by FERC on November 20,
2002,
[[Page 43781]]
authorizes ETNG to construct the pipeline along the applicant's
proposed route, as modified by the South Fork Holston River and Reeds
Creek Route Variations. The consultation process under Section 7 of the
Endangered Species Act was completed on March 7, 2003, with the
issuance of a Biological Opinion by the U.S. Fish and Wildlife Service.
The consultation process under Section 106 of the National Historic
Preservation Act was completed with the execution of a Programmatic
Agreement (PA) between FERC and the Virginia and Tennessee State
Historic Preservation Officers on April 29, 2003. FERC was the lead
agency in these consultation processes. TVA was a concurring party to
the PA.
Decision: TVA has decided to issue a 30-year term easement to ETNG
for pipeline purposes under the Mineral Leasing Act (30 U.S.C. 185).
The easement would allow ETNG to implement the South Fork Holston Route
Variation and to cross 0.3 acre of TVA Tract No. FHR-1032 on Fort
Patrick Henry Reservoir at South Fork Holston River Mile 16. In
reaching its decision, TVA has reviewed the environmental impacts and
public and agency concerns expressed for the entire pipeline project in
Tennessee, Virginia, and North Carolina. TVA believes that the EIS
process has enabled a thorough review of potential impacts and resulted
in modifications and safeguards that would minimize adverse
environmental impacts, while still allowing a needed energy supply
project to proceed. The choice of the South Fork Holston River Route
Variation and the use of directional drill, along with successful
implementation of the 69 specific environmental safeguards contained in
the November 20, 2002, FERC order, would minimize potential adverse
environmental impacts of the proposal.
Environmentally Preferable Alternative
The proposed Patriot Project, as modified by the route variations
and environmental protection measures approved by FERC, would avoid
impacts to significant environmental resources, while accomplishing the
applicant and FERC's goal of additional competitive natural gas supply
for Georgia, North Carolina, and Virginia customers. Other
alternatives, including the No Action Alternative, may result in
greater impacts elsewhere as these energy demands are met through other
energy supply system upgrades. Therefore, TVA concludes that the
proposed Patriot Project route is an environmentally preferable
alternative for supplying natural gas to Tennessee, Virginia, and North
Carolina customers.
Environmental Consequences and Commitments
The Patriot Project would affect terrestrial and aquatic resources
in a corridor stretching across parts of Tennessee, Virginia, and North
Carolina. A total of 2,707 acres of land would be affected by new
construction. The mainline expansion portion of the project generally
would follow existing pipeline rights-of-way and would have minimal
environmental impacts. However, construction would take place within 50
feet of 254 residences. A new pipeline corridor (the Patriot Extension)
would be cleared for the pipeline extension and lateral lines between
Wytheville, Virginia, and Eden, North Carolina. The Patriot Extension
would affect an additional 28 residences. Recreational and public land
would be crossed in four locations. In addition to the 0.3 acre of TVA
land, the project would cross the Appalachian National Scenic Trail,
New River Trail State Park, and Blue Ridge Parkway. Impacts to these
properties would be minimized by time-of-year restrictions and the use
of horizontal directional drill as opposed to open-trench construction.
In exchange for a right-of-way easement to cross the Appalachian
National Scenic Trail, the National Park Service would be provided
title to 2 acres adjacent to the trail in Smyth County, Virginia. A
billboard on Interstate 81, which is visible from the trail, would be
removed. The crossing of the Blue Ridge Parkway in Patrick County,
Virginia, would take place by horizontal directional drill that enters
and exits outside National Park Service land.
About 34 percent of the proposed route is now forested and would be
cleared for pipeline construction. A total of 922 acres of forested
habitat would be cleared; of this, 404 acres would be permanently
converted to herbaceous habitat or industrial use at compressor
stations. The project would cross 367 surface water bodies. Major
rivers along the route, including the South Fork Holston River, New
River, and Smith River, would be crossed by horizontal directional
drill to minimize impacts. Dry-crossing methods would be used for other
stream crossings. A total of 71 wetland totaling 12.6 acres would be
crossed. Of this, about 4.5 acres of forested wetlands would be
permanently cleared. The project would not likely adversely affect the
gray bat, Indiana bat small whorled pogonia, and large-flowered
skullcap, but may affect the small-anthered bittercress and James
spinymussel. No direct impacts to small-anthered bittercress plants are
expected, and no reasonable and prudent measures (RPMs) were identified
by the U.S. Fish and Wildlife Service to minimize ``incidental take.''
A number of RPMs, including time-of-year restrictions, will be
implemented to minimize ``take'' of the James spinymussel. Construction
activities and operation of compressor stations would have minimal air
emissions. Compressor stations would be constructed in such a manner
that would minimize potential noise impacts and would be limited to an
average day/night level of 55 decibels (dB) on the A-weighted (dBA)
scale. Three archaeological sites would likely be adversely affected by
pipeline construction.
FERC has adopted mitigation measures to avoid or minimize
environmental harm. TVA believes that the measures required by FERC in
its November 20, 2002, order would substantially reduce the
environmental impacts of this project. These include detailed
construction Best Management Practices, use of environmental
inspectors, compliance with Section 106 of the National Historic
Preservation Act by adherence to the PA, and surveys of properties
along the expansion route for the bog turtle, James spinymussel, and
small-anthered bittercress. The endangered species surveys have been
completed, and formal consultation under the Endangered Species Act has
been concluded. The project is not likely to jeopardize the continued
existence of the small-anthered bittercress and James spinymussel.
Potential adverse effects to cultural resources would be resolved by
treatment plans outlined in a PA with the Virginia and Tennessee State
Historic Preservation Officers.
In its order issuing a certificate for the project, FERC provided
69 environmental protection-related conditions to minimize project
impacts. For the South Fork Holston River crossing at Fort Patrick
Henry Reservoir, FERC required (condition no. 67) that the crossing be
made by horizontal directional drill. In addition, ETNG was required to
submit a site-specific construction and contingency plan for the
crossing. The plan was required (1) to identify how construction noise
would be reduced during the directional drill, (2) to include projected
daytime and nighttime noise levels at nearby residences, and (3) to
provide mitigation measures that would be used to minimize noise at the
residences if the noise levels would exceed an average level of 55 dBA
at any residence.
TVA has reviewed the construction and contingency plan required by
FERC condition No. 67. To reduce
[[Page 43782]]
construction noise at the directional drill entry and exit sites, ETNG
would install a temporary noise barrier system at both the entry and
exit points. The barrier would consist of \3/4\-inch-thick plywood with
2-inch-thick fiberglass duct board attached to 50 to 60 percent of the
inside surface. This should provide an 8 to 12 dB reduction of the
noise associated with drilling equipment.
No surface disturbance is proposed on the federal property. The
property would be used for an underground pipeline to be installed by
directional drill from adjacent private property. The subsurface
geology of the area where the drill is proposed is limestone. The
estimated directional drill success rate for this type of geology is
estimated at 80 percent or greater. The three possible modes of failure
are estimated to be Pilot-Hole Failure, Reaming Failure, and Pullback
Failure. These failures occur when soil or rock collapses on the
drilling pipe. To minimize the possibility of failure, a casing pipe
will be installed during the pilot-hole operation to ensure that gravel
and cobbles will not fall onto the drill string and increase the torque
needed to operate the drill pipe. This casing pipe would also reduce
teh chance of drilling fluids being released into the environment if a
failure occurs.
If directional drill failure does occur, the crossing of the South
Fork Holston River would take place by traditional open-cut pipeline
construction methods. A backhoe would work off of floating barges in
the river. In this contingency, TVA would require further environmental
reviews, including compliance with Section 106 of the National Historic
Preservation Act due to the possible presence of an archaeological
site. The FERC approval contains enforceable conditions that will
minimize impacts of the pipeline construction across the TVA land and
across other Tennessee Valley private land. Further, the RPMs
identified in the Biological Opinion of March 7, 2003, could be
independently enforced by the Secretary of the Interior under the
Endangered Species Act.
These conditions require:
1. ETNG to adhere to its Erosion and Sedimentation Control Plan of
July 20, 2001, contained in Appendix C-1 of the FERC EIS.
2. ETNG to adhere to its Spill Prevention Control and
Countermeasure Plan and Preparedness, Prevention, and Contingency Plan
of May 7, 2001, contained in Appendix C of the FERC EIS.
3. ETNG to adhere to U.S. Department of Transportation Pipeline
Safety Requirements.
4. ETNG to comply with the 69 measures appended to FERC's Order
Denying Rehearing, Authorizing Abandonment, and Issuing Certificate of
November 20, 2002 (Docket Nos. CP01-415 and CP 01-375).
TVA Commitment List
1. ETNG will install a temporary noise barrier system at both the
entry and exit points of the directional drill. The barrier will
consist of \3/4\-inch-thick plywood with 2-inch-thick fiberglass duct
board attached to 50 to 60 percent fo the inside surface.
2. A casing pipe will be installed during the directional drill
pilot-hole operation to ensure that gravel and cobbles will not fall
onto the drill string and increase the torque needed to operate the
drill pipe.
3. If directional drill failure occurs, work will stop and
additional approvals will be needed from TVA for open-cut construction.
With implementation of these commitments, TVA believes that the
impacts of its right-of-way approval under the Mineral Leasing Act will
be minimized.
Dated: July 17, 2003.
Kathryn J. Jackson,
Executive Vice President, River System Operations & Environment.
[FR Doc. 03-18797 Filed 7-23-03; 8:45 am]
BILLING CODE 8120-08-M