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Milestone Extension: Endangered Species Act Consultation (DOI-FWS)

Submitted by craig.litteken… on

On October 4, 2022, the FWS sent FERC a letter requesting additional information on Mountain Valley Pipeline, LLC’s (MVP) Updated Supplement to the Biological Assessment (SBA2). On October 19, 2022, FERC provided FERC’s and the Service’s comments on the SBA2 to MVP. On November 18, 2022, FERC provided FERC’s and the Service’s consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, MVP has been providing the requested information to FERC and the FWS.  The FWS needs additional time to review the information from the applicant and in accordance with 50 C.F.R. § 402.14(e) the parties have extended the consultation period by 60 days with the consent of the project sponsor.

Action
Project Name:
Mountain Valley and Equitrans Expansion Project
Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under FAST-41
Status:
In Progress
POC Name:
Cindy Schulz
POC Title:
Field Office Supervisor, Virginia Field Office
POC Email:
Cindy_schulz@fws.gov

Milestones:

ESA Consultation Request Package Submitted (Agency Action)
Completed Date:
FWS determines ESA Consultation Package is Complete - Formal (Agency Action)
Completed Date:
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for March 2023:
    On February 28, the Service delivered to FERC the biological opinion for the project. The action is now complete.
  • Monthly Status Report for February 2023:
    In a December 12, 2022, letter to the Federal Energy Regulatory Commission (FERC), the U.S. Fish and Wildlife Service (Service) documented agreement for a 60-day extension to the consultation between the Service, FERC, and the applicant, Mountain Valley, LLC. That agreement extended the consultation period to February 10, 2023. After coordination with FERC on February 8, 2023, and representatives from Mountain Valley, LLC, on February 7, 2023, there is mutual agreement that an additional extension is necessary to review relevant information and finalize the biological opinion. Consequently, the Service sent FERC a February 10, 2023, letter that documents the agreement between the Service and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 28, 2023. The Service anticipates no further extensions of the consultation period.
  • Monthly Status Report for January 2023:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023
  • Monthly Status Report for December 2022:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
  • Non-conformance Explanation:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
Alternative Completion Date:
02/28/2023
Milestone Details

USFWS and FERC may extend the consultation period up to an additional 60 days. Further extensions are possible with the consent of the applicant. 16 U.S.C. § 1536(b)(1)(B).


View Action's Modification History

Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for March 2023:
    On February 28, the Service delivered to FERC the biological opinion for the project. The action is now complete.
  • Monthly Status Report for February 2023:
    In a December 12, 2022, letter to the Federal Energy Regulatory Commission (FERC), the U.S. Fish and Wildlife Service (Service) documented agreement for a 60-day extension to the consultation between the Service, FERC, and the applicant, Mountain Valley, LLC. That agreement extended the consultation period to February 10, 2023. After coordination with FERC on February 8, 2023, and representatives from Mountain Valley, LLC, on February 7, 2023, there is mutual agreement that an additional extension is necessary to review relevant information and finalize the biological opinion. Consequently, the Service sent FERC a February 10, 2023, letter that documents the agreement between the Service and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 28, 2023. The Service anticipates no further extensions of the consultation period.
  • Monthly Status Report for January 2023:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023
  • Monthly Status Report for December 2022:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
  • Non-conformance Explanation:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
Alternative Completion Date:
02/28/2023
Milestone Details

USFWS and FERC may extend the consultation period up to an additional 60 days. Further extensions are possible with the consent of the applicant. 16 U.S.C. § 1536(b)(1)(B).

Project

PROJECT WEBSITE: https://www.mountainvalleypipeline.info/

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
06/23/2023

21 out of 21

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Pipelines

SECTOR
Pipelines

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Federal Energy Regulatory Commission

LEAD AGENCY
Federal Energy Regulatory Commission

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of the Army

Department of the Army, US Army Corps of Engineers - Civil Works

Department of the Interior

Department of the Interior, National Park Service

Department of the Interior

Department of the Interior, Bureau of Land Management

Department of Agriculture

Department of Agriculture, US Forest Service

Description:

On August 18, 2022, Mountain Valley Pipeline, LLC submitted a FAST-41 Initiation Notice for the outstanding federal environmental reviews and authorizations for the project following associated court decisions. A determination of FAST-41 coverage was made on September 1, 2022. 

The project was previously in the initial inventory of FAST-41 covered projects designated by the Executive Director of the Federal Permitting Improvement Steering Council in September 2016 before being closed out on the Permitting Dashboard in late 2017.  

As described in the project sponsor’s FAST-41 Initiation Notice, the project includes the construction of approximately 304 miles of natural gas pipeline in West Virginia and Virginia, three new compressor stations in West Virginia, metering stations, taps, and appurtenant facilities. The project would provide up to 2,000,000 dekatherms per day of firm natural gas transportation service from northern West Virginia to southwestern Virginia.

Last updated on October 31, 2022.

field_status
Rejected
System Comments
Furthest out
Original Target Date: 12/12/2022
Milestone: ESA Consultation Concludes (Agency Action)

Requested extensions greater than 30 days for this Action are shown below:

ESA Consultation Concludes (Agency Action) extended by 60
From: 12/12/2022
To: 02/10/2023
Missed Date Process
No
Missed Date Triggered by Extension
No
Original Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for March 2023:
    On February 28, the Service delivered to FERC the biological opinion for the project. The action is now complete.
  • Monthly Status Report for February 2023:
    In a December 12, 2022, letter to the Federal Energy Regulatory Commission (FERC), the U.S. Fish and Wildlife Service (Service) documented agreement for a 60-day extension to the consultation between the Service, FERC, and the applicant, Mountain Valley, LLC. That agreement extended the consultation period to February 10, 2023. After coordination with FERC on February 8, 2023, and representatives from Mountain Valley, LLC, on February 7, 2023, there is mutual agreement that an additional extension is necessary to review relevant information and finalize the biological opinion. Consequently, the Service sent FERC a February 10, 2023, letter that documents the agreement between the Service and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 28, 2023. The Service anticipates no further extensions of the consultation period.
  • Monthly Status Report for January 2023:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023
  • Monthly Status Report for December 2022:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
  • Non-conformance Explanation:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
Alternative Completion Date:
02/28/2023
Milestone Details

USFWS and FERC may extend the consultation period up to an additional 60 days. Further extensions are possible with the consent of the applicant. 16 U.S.C. § 1536(b)(1)(B).

Furthest Original Target Date Milestone
ESA Consultation Concludes (Agency Action)
  • Monthly Status Report for March 2023:
    On February 28, the Service delivered to FERC the biological opinion for the project. The action is now complete.
  • Monthly Status Report for February 2023:
    In a December 12, 2022, letter to the Federal Energy Regulatory Commission (FERC), the U.S. Fish and Wildlife Service (Service) documented agreement for a 60-day extension to the consultation between the Service, FERC, and the applicant, Mountain Valley, LLC. That agreement extended the consultation period to February 10, 2023. After coordination with FERC on February 8, 2023, and representatives from Mountain Valley, LLC, on February 7, 2023, there is mutual agreement that an additional extension is necessary to review relevant information and finalize the biological opinion. Consequently, the Service sent FERC a February 10, 2023, letter that documents the agreement between the Service and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 28, 2023. The Service anticipates no further extensions of the consultation period.
  • Monthly Status Report for January 2023:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023
  • Monthly Status Report for December 2022:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
  • Non-conformance Explanation:
    The USFWS and Federal Energy Regulatory Commission (FERC) are revising the target date for the final Milestone of the ESA section 7 consultation to February 10, 2023, to allow time for additional coordination with the applicant and for USFWS to review and incorporate additional information into the consultation. On July 29, 2022, the USFWS received Mountain Valley, LLC’s Updated Supplement to the Biological Assessment (SBA2) dated July 2022. The SBA2 addressed updates to the project and new information regarding affected species since the USFWS issued the 2020 non-jeopardy biological and conference opinion on the MVP project. The USFWS considered receipt of the SBA2 commencement of formal consultation. In an October 4, 2022, letter, the USFWS requested from FERC clarification and/or additional information on the SBA2. On October 19, 2022, FERC provided FERC’s and the USFWS’s comments on the SBA2 to Mountain Valley, LLC. On November 18, 2022, FERC provided the agencies’ consolidated comments on Appendix L of the SBA2 to Mountain Valley, LLC. Since that time, Mountain Valley, LLC, has been providing the requested clarification/information to FERC and the USFWS. The USFWS needs additional time to review the information from the applicant. Consequently, on December 1, 2022, the USFWS contacted FERC to request a 60-day extension of the consultation period. All parties agree that additional time is needed to review the requested information and prepare the biological opinion. The December 12, 2022, letter from the USFWS to FERC documents the agreement between the USFWS and FERC, with the consent of the project applicant, in accordance with 50 C.F.R. § 402.14(e) to extend the consultation period to February 10, 2023.
Alternative Completion Date:
02/28/2023
Milestone Details

USFWS and FERC may extend the consultation period up to an additional 60 days. Further extensions are possible with the consent of the applicant. 16 U.S.C. § 1536(b)(1)(B).