Late last week Dominion Energy Transportation requested permission from the Federal Energy Regulatory Commission (FERC) to extend the deadline for tree felling to May 15. In accordance with previously detailed restrictions due to migratory bird considerations, tree felling was to end March 15 in Virginia and April 1 in West Virginia and North Carolina. In its March 15 filing with FERC (published in the FERC docket late on March 16), Dominion said:

‘Despite their best efforts, it now appears that Atlantic (Atlantic Coast Pipeline, LLC) and DETI (Dominion Energy Transmission, Inc.) will be unable to complete the scheduled tree felling in each of those states before the existing time-of-year restrictions go into effect. Therefore, Atlantic and DETI seek approval to continue tree felling until May 15, 2018, except in U.S. Forest Service lands and in areas where Indiana bats are present or where tree felling would be within five miles of known Indiana bat hibernacula, within a quarter mile of known Northern long-eared bat hibernacula, or within 150 feet of occupied Northern long-eared bat maternity roosts. The approval sought adheres to the requirements and limitations detailed within the BO for ESA related time of year restrictions, and as such, Atlantic and DETI are not requesting consultation with the Service.” (Complete filing at https://elibrary.ferc.gov/veritydocs/14842930.pdf#xml=http://elibrary.ferc.gov/IDMWS/search/xmlview.asp?dockey=14650717@18_19_20&Query=Atlantic%20Coast%20Pipeline&DynamicURL=http://elibrary.ferc.gov/veritydocs/14842930.pdf)

Friday afternoon, March 17, the Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of their clients with pending rehearing requests before FERC (most of whom are ABRA members), filed a letter of opposition to the Dominion request, stating:
​
“Atlantic requests approval to continue tree-felling until May 15, 2018—two additional months. In all three states, such an extension would result in the felling of trees well into the periods when tree felling has been restricted in order to protect migratory birds and threatened or endangered bats.3 This request must be denied in order to maintain the protections for migratory birds, Indiana Bats, and Northern Long-Eared Bats upon which the Commission’s NEPA effects analysis relies.

“What is more, before granting the request, the Commission would need to prepare a Supplemental Environmental Impact Statement to assess the effects of a modification to the time-of-year restrictions, and issue that Supplemental EIS in draft form for public notice and comment.”

Lewis Freeman, ​Executive Director
Allegheny-Blue Ridge Alliance
http://www.abralliance.org