Notice2022-24994
Jefferson National Forest; Monroe County, West Virginia; Giles and Montgomery County, Virginia. Mountain Valley Pipeline and Equitrans Expansion Project Supplemental Environmental Impact Statement
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Published
November 17, 2022
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The USDA Forest Service (Forest Service) is preparing a Supplemental Environmental Impact Statement (SEIS) to the 2017 Federal Energy Regulatory Commission (FERC) Final Environmental Impact Statement (FEIS) for the Mountain Valley Pipeline (MVP) and Equitrans Expansion Project and its subsequent 2020 Forest Service Final Supplemental Environmental Impact Statement (2020 FSEIS). The MVP project proposed action that is specific to National Forest System (NFS) lands is to construct and operate a buried 42-inch natural gas pipeline across approximately 3.5 miles of the Jefferson National Forest (JNF). The Forest Service, as the lead agency, and the Bureau of Land Management (BLM), as the Federal cooperating agency, have decisions to be made based on a review of the 2017 FERC FEIS, the 2020 FSEIS, and this supplemental analysis.
Full Text
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 68996-68998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24994]
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Notices
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Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 /
Notices
[[Page 68996]]
DEPARTMENT OF AGRICULTURE
Forest Service
Jefferson National Forest; Monroe County, West Virginia; Giles
and Montgomery County, Virginia. Mountain Valley Pipeline and Equitrans
Expansion Project Supplemental Environmental Impact Statement
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice of intent to prepare a supplemental environmental impact
statement.
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SUMMARY: The USDA Forest Service (Forest Service) is preparing a
Supplemental Environmental Impact Statement (SEIS) to the 2017 Federal
Energy Regulatory Commission (FERC) Final Environmental Impact
Statement (FEIS) for the Mountain Valley Pipeline (MVP) and Equitrans
Expansion Project and its subsequent 2020 Forest Service Final
Supplemental Environmental Impact Statement (2020 FSEIS). The MVP
project proposed action that is specific to National Forest System
(NFS) lands is to construct and operate a buried 42-inch natural gas
pipeline across approximately 3.5 miles of the Jefferson National
Forest (JNF). The Forest Service, as the lead agency, and the Bureau of
Land Management (BLM), as the Federal cooperating agency, have
decisions to be made based on a review of the 2017 FERC FEIS, the 2020
FSEIS, and this supplemental analysis.
DATES: The draft supplemental environmental impact statement is
expected by January 2023, with a 45-day comment period immediately
following. The final supplemental environmental impact statement is
expected by Summer of 2023.
FOR FURTHER INFORMATION CONTACT: For further information on this
project, please contact Joby Timm, Forest Supervisor for the George
Washington and Jefferson National Forests, by leaving a voicemail at 1-
888-603-0261 or an email at <a href="/cdn-cgi/l/email-protection#22716f0c64710c6575686c640f726362575146430c454d54"><span class="__cf_email__" data-cfemail="590a14771f0a771e0e13171f740918192c2a3d38773e362f">[email protected]</span></a>. For inquiries for
the Bureau of Land Management, contact Robert Swithers, District
Manager, BLM Southeastern States District Office, by phone at 601-919-
4650 or by email at <a href="/cdn-cgi/l/email-protection#480a0405170d1b171b1b0c07170b2725252d263c3b082a2425662f273e"><span class="__cf_email__" data-cfemail="6f2d2322302a3c303c3c2b20302c0002020a011b1c2f0d030241080019">[email protected]</span></a>.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Relay Service (FRS) at 1-800-877-8339, 24 hours a
day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The Forest Service's purpose and need for the proposed action is to
respond to a proposal from Mountain Valley, LLC to construct and
operate a buried 42-inch interstate natural gas pipeline that would
cross NFS lands on the JNF along a proposed 3.5-mile corridor. A Forest
Service decision is needed because the project as proposed is
inconsistent with several Land Management Plan standards without an
amendment to the JNF Land Management Plan. Relatedly, there is a need
to determine what terms and conditions, or stipulations, should be
provided to the BLM in order to protect resources and the public
interest consistent with the Mineral Leasing Act (MLA), 30 U.S.C.
185(h).
A supplemental analysis and new decision from the Forest Service
are needed because the United States Court of Appeals for the Fourth
Circuit (Court) vacated both the 2017 and 2021 Forest Service Records
of Decision (RODs). In its opinion published on January 25, 2022, the
Court identified National Forest Management Act (NFMA) and National
Environmental Policy Act (NEPA) issues. To resolve the issues
identified by the Court, there is a need, at a minimum, to consider
information about actual sedimentation and erosion impacts, consider
FERC's 2021 Environmental Assessment of the use of trenchless boring
for crossing streams, and comply with the Forest Service 2012 Planning
Rule soil and riparian resources requirements at 36 CFR 219.8.
Additionally, there may be relevant new information or changed
environmental conditions to consider since the development of the 2020
FSEIS and the Forest Service ROD was signed in January 2021.
The Bureau of Land Management is required to respond to Mountain
Valley, LLC's amended MLA right-of-way (ROW) application for the MVP
project to construct and operate a natural gas pipeline across NFS and
U.S. Army Corps of Engineers lands consistent with the MLA, 30 U.S.C.
185, and BLM's implementing regulations, 43 CFR part 2880. Under the
MLA, the BLM has responsibility for reviewing Mountain Valley, LLC's
ROW application and authority to issue a decision on whether to
approve, approve with modifications, or deny the application.
The BLM previously approved the portion of the ROW crossing Corps
of Engineers lands in 2017, and that portion of the BLM's decision
remains in effect; the BLM's remaining decision involves only the
portion of the ROW crossing NFS lands. Like the Forest Service, the BLM
will base its decision on a review of the 2017 FERC FEIS, the 2020
FSEIS, and this supplemental analysis. The Bureau of Land Management
will work as a cooperating agency with the Forest Service to complete
the necessary environmental analysis to address the issues identified
by the Court.
Proposed Action
In response to the purpose and need, the Forest Service's proposed
action is to amend the Jefferson National Forest Land Management Plan
as necessary to allow for the MVP to cross the Jefferson National
Forest. The Forest Service would provide construction and operation
terms and conditions, or stipulations as needed for the actions listed
below. The terms and conditions, or stipulations would be submitted to
the BLM for inclusion in the ROW grant. The Forest Service would also
provide concurrence to the BLM to issue the ROW grant. The
construction, operation and maintenance actions that need terms and
conditions, or stipulations, and Forest Service concurrence include:
<bullet> Construction of a 42-inch pipeline across 3.5 miles of the
JNF.
<bullet> The use of a 125-foot-wide temporary construction ROW for
pipeline installation and trench spoil. The width would be reduced to
approximately 75 feet to cross most wetlands. Once construction is
complete, the MVP would retain an approximately 50-foot permanent ROW
to operate the pipeline.
[[Page 68997]]
<bullet> Installation of surface pipeline markers to advise the
public of pipeline presence and cathodic pipeline protection test
stations that are required by Department of Transportation.
An integral part of the proposed action is adherance to the Plan of
Development (POD) that guides the pipeline's construction, operation,
and maintenance. The POD includes resource mitigation for reducing or
eliminating impacts to resources. See the 2017 FERC FEIS, Sec. 1.5 for
a complete list of requirements for the MVP that is managed by the
FERC.
Consistent with the Forest Service's proposed action to amend the
Plan and concur on the ROW grant, the BLM's proposed action is to grant
a ROW under the MLA, 30 U.S.C. 185, for the project to cross the JNF.
Preliminary Alternatives
For this project, two preliminary alternatives have been identified
for analysis: a No Action alternative will consider effects if the JNF
Land Management Plan were not amended as necessary to allow for the MVP
to cross the JNF, if BLM did not issue a ROW grant, and if the Forest
Service provided no concurrence to BLM, and therefore no terms,
conditions, or stipulations.
The Proposed Action alternative will consider effects of the Forest
Service proposed action to amend the JNF Land Management Plan as
necessary to allow for the MVP to cross the JNF, for the BLM to issue a
ROW grant for the project to cross the JNF, and for the Forest Service
to provide concurrence with construction and operation terms and
conditions, or stipulations.
Expected Impacts
This SEIS will address the deficiencies identified by the Court;
specifically by addressing impacts to soil and water from the proposed
pipeline construction and from the proposed Land Management Plan
amendment. Short-term adverse impacts to soil and water are expected
from the proposed pipeline and Land Management Plan amendment. Impacts
are expected to be similar to those disclosed in the 2017 FERC FEIS and
the 2020 FSEIS. This SEIS will also consider relevant new information
and changed environmental conditions in its analysis of effects beyond
those disclosed in the 2017 FERC FEIS and the 2020 FSEIS.
Lead and Cooperating Agencies
The Forest Service is the lead agency for this supplemental
environmental impact statement, and the BLM is a cooperating agency.
Each agency has a separate decision to be made.
Responsible Officials
For the Forest Service, the responsible official is the Under
Secretary, Natural Resources and Environment, U.S. Department of
Agriculture. The expected responsible official for the Bureau of Land
Management is the Eastern States State Director.
Scoping, Public Comment, and Administrative Review
Scoping will not be repeated, and this SEIS will focus on the
topics identified by the Court. Additional opportunities for public
comment will be provided when the draft SEIS is available. The
responsible official is the Under Secretary, Natural Resources and
Environment, U.S. Department of Agriculture, therefore a Forest Service
decision to amend the Land Management Plan would not be subject to
either the 36 CFR 218 or 36 CFR 219 pre-decisional administrative
review (36 CFR 218.13(b); 36 CFR 219.13(b)).
Permits, Licenses or Other Authorizations Required
Section 1.5 of the 2017 FERC FEIS contains a description of the
permits, approvals, and regulatory requirements that must be met or be
obtained by Mountain Valley, LLC., including a ROW to be issued by BLM
as part of the proposed action for this SEIS. The Certificate (FERC
2017d) also contains detailed language about required permits,
licenses, and agency approvals associated with construction, operation,
and maintenance of the project.
Nature of Decision To Be Made
Forest Service
The Responsible Official will review the proposed action including
alternatives, proposed terms and conditions, stipulations, the POD,
environmental consequences that would be applicable to NFS lands,
public comments, and the project record in order to make the following
decisions: (1) Whether to approve a Land Management Plan amendment that
would modify eleven standards in the JNF's Land Management Plan; (2)
Determine what terms and conditions, or stipulations, should apply to a
BLM ROW grant; (3) Whether to issue a written letter of concurrence to
BLM if the decision is to assent to the project on NFS lands; and, (4)
Whether to adopt all or portions 2017 FERC FEIS that is relevant to NFS
lands.
While the Equitrans Expansion project was included in the FERC
FEIS, it is not on NFS lands. Therefore, no analysis will be prepared
or decision made on that project.
Bureau of Land Management
Consistent with the MLA, 30 U.S.C. 185, and BLM's implementing
regulations, 43 CFR part 2880, the BLM will review Mountain Valley's
amended MLA ROW application, the FERC FEIS, the 2020 SEIS, and the
Forest Service supplemental analysis to determine whether to approve,
approve with modifications, or deny the ROW application through the NFS
lands. As a cooperating agency, the BLM intends to rely on and adopt
the Forest Service supplemental analysis for its decision, as long as
the analysis provides sufficient evidence to support the decision and
the Forest Service addresses the BLM's comments and suggestions to the
BLM's satisfaction. Before issuing a decision on Mountain Valley's
application, the BLM would need the Forest Service's written
concurrence.
Through the concurrence process, if the BLM's decision is to
approve the ROW, the Forest Service would submit to the BLM any
stipulations for inclusion in the ROW grant that are deemed necessary
to protect the environment and otherwise protect the public interest
consistent with 30 U.S.C. 185(h); 43 CFR 2885.11. The BLM decision
would be documented in a separate ROD.
Substantive Provisions
An amendment to the Jefferson National Forest Land Management Plan
would exempt the project from compliance with the following eleven Land
Management Plan standards in order to allow the BLM to grant a ROW: FW-
248 (utility corridors); FW-5 (revegetation); FW-8 (soil compaction in
water saturated areas); FW-9 (soil impacts from heavy equipment use);
FW-13 and FW14 (exposed soil and residual basal area within the
channeled ephermal zone); 11-003 (exposed soil within the riparian
corridor); 6C-007 and 6C-026 (tree clearing and utility corridors in
the old growth management area); 4A-028 (Appalachian National Scenic
Trail and utility corridors); and FW-184 (scenic integrity objectives).
The Forest Service's Planning Rule at 36 CFR 219.13(b)(2) requires
responsible officials to provide notice of which substantive
requirements of 36 CFR 219.8 through 219.11 are likely to be directly
related to the amendment. The substantive Planning Rule provisions that
are likely to be directly related to the amendments are: Sec.
219.8(a)(1) (terrestrial ecosystems); Sec. 219.8(a)(2)(ii) (soils and
water
[[Page 68998]]
productivity); Sec. 219.8(a)(2)(iv) (water resources); Sec.
219.8(a)(3)(i) (ecological integrity of riparian areas); Sec. 219.9(b)
(contributions to recovery of threatened and endangered species); Sec.
219.10(a)(3) (utility corridors); Sec. 219.10(b)(1)(vi) (other
designated areas); Sec. 219.10(b)(1)(i) (scenic character); and Sec.
219.11(c) (timber harvesting for purposes other than timber
production).
Homer Wilkes,
Under Secretary, Natural Resources and Environment, U.S. Department of
Agriculture.
[FR Doc. 2022-24994 Filed 11-16-22; 8:45 am]
BILLING CODE 3411-15-P
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