PATH - (Potomac-Appalachian Transmission Highline)

It's that time AGAIN!

We expect a renewal of the PATH applicantion sometime in or before this coming August, when the entire state review process will begin once again, but the federal EIS process on PATH begins for us July 20!

The National Park Service, US Forest Service and the Corps of Engineers are now planning their joint environmental impact statement (EIS) on the PATH project. A public scoping meeting will be held on July 20th in Purcellville to help establish the scope of analysis and range of alternatives that this EIS will cover.

July 20, 2010, 4:00 - 8:00 p.m.
Loudoun Valley High School
340 North Maple Ave.

(Scoping meetings will be held elsewhere as well, including in Harpers Ferry and Frederick, Maryland.)

This EIS is likely to be the only federal EIS on PATH unless FERC obtains jurisdicton. This is therefore our only opportunity to ensure that federal agencies analyze all of PATH's "significant impacts on the quality of the human envirtonment" and all reasonable alternatives to PATH, as required by the National Environmental Policy Act. Not surprisingly, however, these federal agencies prefer to address only the impacts and alternatives affecting their federal lands or (in the case of the Corps) the navigable waters under their jurisdiction. By essentially disregarding all the impacts and alternatives of concern to Loudoun citizens and our Board of Supervisors such limited scope disregards the purpose of the EIS and the intent of the National Environmental Policy Act and, we believe, the relevant case law.

The scoping announcement will be posted shortly here.

Below are some key excerpts from this document that describe the approach these agencies are taking, or wish to take, in framing the EIS. "ENVIRONMENTAL IMPACT STATEMENT ON PATH RIGHT-OF-WAY APPLICATIONS" - The National Park Service (NPS), the U.S. Forest Service (USFS), and the U.S. Army Corps of Engineers are seeking public comment to help develop an environmental impact statement (EIS) on a project that would affect several national park system units and a national forest. Federal agencies must assess environmental and social impacts, under the National Environmental Policy Act, before making decisions that could affect the environment. Scoping is the first step and is the time when agencies and the public identify issues that should be considered and begin to define alternatives. In addition, federal agencies must consider potential effects on historic properties under Section 106 of the National Historic Preservation Act. These activities will be conducted concurrently, beginning with the scoping process. The first of several opportunities for the public to comment is during the public scoping comment period, which begins with the Notice of Intent and extends a minimum of 15 days after the public scoping meeting. The agencies will hold the first of a series of public meetings in July 2010 to discuss the project and to receive input from interested parties. More information about upcoming public meetings and other ways to participate throughout the process can be found on the last two pages of this newsletter.

What will the EIS Evaluate? The agencies are preparing an EIS to evaluate the Applicants' proposal and other possible alternatives. The agencies will use the EIS to determine if they will:
1. Issue the permits requested by the Applicants to cross federal lands
2. Issue the requested permits with conditions, or
3. Deny the permits

The EIS will focus on those areas where the PATH project could cross federal lands. The EIS will not evaluate the entire 276-mile transmission line corridor or alternative means to address the Applicants' stated need for the PATH project. That evaluation and review is the responsibility of other agencies: primarily the North American Electric Reliability Corporation (NERC), the state public service commissions, and the state environmental agencies.

Purpose and Need for Action: The federal action that will be considered in this EIS is the Applicants' proposal that the National Park Service and U.S. Forest Service grant the requested construction and ROW permits. Federal action is needed because the Applicants have submitted the required applications to the National Park Service and U.S. Forest Service in accordance with applicable laws and NPS and USFS regulations. These agencies therefore have a duty to consider whether and with what conditions, if any, to issue the requested permits. In doing so, the agencies must consider the purposes and resources of the affected national park system units and the national forest, as expressed in statutes, regulations, and policies. The U.S. Army Corps of Engineers is a cooperating agency because of their role in evaluating permit applications for construction activities that occur in the nation's waters, including wetlands.

The EIS Will Consider Alternatives: The EIS will compare different ways that the proposed project could cross federal lands to determine which alternatives would minimize impacts to the natural, scenic, cultural, recreational, and human resources within and adjacent to the national park system units and the national forest. Alternatives will be developed after receiving public input at the scoping meetings in July 2010 and will be presented for public feedback in fall 2010. The draft EIS will describe the range of alternatives that were evaluated in detail and may identify a preferred alternative.

The alternative proposed by the Applicants: A new ROW corridor through Monongahela National Forest
•Expanded ROWs through the Appalachian NST, Harpers Ferry NHP, and Chesapeake and Ohio Canal NHP/Potomac Heritage NST.

You can help by making comments and suggestions about these and other reasonable alternatives that
(1) would meet the Purpose and Need for federal action and
(2) could minimize impacts to resources within the national park units, the national forest, and adjacent areas.

Other alternatives might (or might not) include, for example,
• Keeping transmission line construction within the existing ROWs
• Allowing transmission line construction with a reduced ROW width for selected crossings.
• Alternative crossings of federal lands
•Engineering or construction modifications that could minimize impacts on federal lands.

At present there are no events scheduled.