On February 28, the Service delivered to FERC the biological opinion for the project. The action is now complete.

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.

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

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.

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.