Other Agencies with Actions or Authorizations:

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

Department of the Interior, National Park Service

Description:

Virginia Electric and Power Company (Dominion) has proposed an electrical transmission powerline and associated infrastructure, known as Surry-Skiffes Creek-Whealton project. The proposed project involves a 7.76-mile 500 kV overhead transmission powerline from Surry nuclear power plant in Surry County to the proposed Skiffes Creek 500 kV-230 kV-115 kV switching station, on 51 acres of private and commercial property in James City County, and 20.2 miles of 230 kV overhead powerline along an existing right of way from the switching station to Whealton substation in Hampton. In July 2017, the U.S. Army Corps of Engineers (Corps) issued an Individual Permit for the Project under Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), as well as a permission letter under RHA Section 408. As part of its review process, the Corps prepared an environmental assessment (EA), which is available at the Corps' project website (https://www.nao.usace.army.mil/ Missions/ Regulatory/ SkiffesCreekPowerLine.aspx). Among other conditions, the permit was issued subject to compliance with a 2017 Memorandum of Agreement (MOA) executed by the Corps; Dominion; and the Acting Assistant Secretary of the Interior for Fish, Wildlife, and Parks (on behalf of the National Park Service (NPS)), among other parties. The MOA, developed through the National Historic Preservation Act Section 106 consultation process, contained stipulations to avoid, minimize, and mitigate impacts to the historic properties in proximity to the proposed project. Dominion proceeded with construction of the project pursuant to the Corps permit and its conditions, including the conditions set forth in the MOA. The Corps permit was challenged in the U.S. District Court for the District of Columbia, which awarded summary judgment to the Corps and upheld the permit decision. That decision was appealed. In National Parks Conservation Association v. Semonite, No. 18-5179, the United States Court of Appeals for the District of Columbia Circuit remanded this action to the district court with instructions to direct the Corps to prepare an EIS pursuant to the National Environmental Policy Act (NEPA). Consistent with the court's decision, Dominion seeks authorization from the Corps for the original proposed project whose construction is approximately 99 percent complete and scheduled for completion by October 2019. On February 26, 2019, Dominion Energy electrically energized the Project.