[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 68996-68998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24994]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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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 [email protected]. 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 [email protected].
    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:
     Construction of a 42-inch pipeline across 3.5 miles of the 
JNF.
     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]]

     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]
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