82 FR 25756 - Notice of Updated Information Concerning the Atlantic Coast Pipeline Project and Supply Header Project and the Associated Forest Service Land and Resource Management Plan Amendments

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range		25756-25759
FR Document		2017-11484

The USDA Forest Service (Forest Service) is participating as a cooperating agency with the Federal Energy Regulatory Commission (FERC) in the preparation of the Atlantic Coast Pipeline (ACP) and Supply Header Project Environmental Impact Statement (EIS). On January 6, 2017, the Forest Service published in the Federal Register (82 FR 1685) a Notice of Availability of the Atlantic Coast Pipeline and Supply Header Project Draft Environmental Impact Statement and the Draft of Amendments to the George Washington and Monongahela National Forests' Land and Resource Management Plans (LRMPs) to allow for the ACP to cross through these National Forests. Since that publication, the Forest Service determined there is a need to disclose the following: New information relating to the proposed LRMP amendments; a change in the Responsible Officials for the amendments; and the substantive provisions in the planning regulations that are likely to be directly related to the proposed amendments. In addition, a proposed change to one of the LRMP amendments will result in a change to the administrative review procedures as outlined in the January 6, 2017 Federal Register Notice.

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25756-25759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11484]


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DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Updated Information Concerning the Atlantic Coast 
Pipeline Project and Supply Header Project and the Associated Forest 
Service Land and Resource Management Plan Amendments

AGENCY: Forest Service, USDA.

ACTION: Notice; updating information.

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SUMMARY: The USDA Forest Service (Forest Service) is participating as a 
cooperating agency with the Federal Energy Regulatory Commission (FERC) 
in the preparation of the Atlantic Coast Pipeline (ACP) and Supply 
Header Project Environmental Impact Statement (EIS). On January 6, 
2017, the Forest Service published in the Federal Register (82 FR 1685) 
a Notice of Availability of the Atlantic Coast Pipeline and Supply 
Header Project Draft Environmental Impact Statement and the Draft of 
Amendments to the George Washington and Monongahela National Forests' 
Land and Resource Management Plans (LRMPs) to allow for the ACP to 
cross through these National Forests. Since that publication, the 
Forest Service determined there is a need to disclose the following: 
New information relating to the proposed LRMP amendments; a change in 
the Responsible Officials for the amendments; and the substantive 
provisions in the planning regulations that are likely to be directly 
related to the proposed amendments. In addition, a proposed change to 
one of the LRMP amendments will result in a change to the 
administrative review procedures as outlined in the January 6, 2017 
Federal Register Notice.

FOR FURTHER INFORMATION CONTACT: Information about the ACP Project is 
available from the FERC's Office of External Affairs at 866-208-FERC 
(3372), or on the FERC Web site (www.ferc.gov). On the FERC's Web site, 
go to ``Documents & Filings,'' click on the ``eLibrary'' link, click on 
``General Search'' and enter the docket number CP15-554. Be sure you 
have selected an appropriate date range. For assistance, please contact 
FERC Online Support at [email protected], or toll free at 866-
208-3676, or for TTY, contact 202-502-8659. The eLibrary link also 
provides access to the texts of formal documents issued by the FERC 
such as orders, notices, and rulemakings.
    For information related specifically to the new information 
provided in this Notice, please contact Karen Overcash, Forest Planner, 
George Washington and Jefferson National Forests, at 540-265-5175 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This Notice is specific to the Forest Service. The Atlantic Coast 
Pipeline route would cross 5.1 miles of lands managed by the 
Monongahela National Forest (MNF), in Pocahontas County, West Virginia 
and 15.9 miles of lands managed by the George Washington National 
Forest (GWNF), in Highland, Bath, and Augusta Counties, Virginia. The 
Supply Header Project would not affect the Monongahela or George 
Washington National Forests.
    The FERC is the NEPA Lead Federal Agency for the environmental 
analysis of the construction and operation of the proposed ACP and 
Supply Header Project. The Forest Service is the Federal agency 
responsible for authorizing this use and issuing special use permits 
for natural gas pipelines across National Forest System (NFS) lands 
under its jurisdiction. As a condition of issuing a Special Use Permit 
(SUP) for ACP to construct, operate, maintain, and eventually 
decommission a natural gas transmission pipeline that crosses NFS 
lands, the Forest Service would include such terms and conditions 
deemed necessary to protect Federal property and otherwise protect the 
public interest.
    The Forest Service intends to adopt FERC's EIS for its decision to 
authorize the construction and operation of ACP, along with the 
necessary project-specific amendments to the LRMPs, if the analysis 
provides sufficient evidence to support those decisions and the Forest 
Service is satisfied that its comments and suggestions have been 
addressed.

Planning Rule Requirements for LRMP Amendments

    On December 15, 2016 the Department of Agriculture Under Secretary 
for Natural Resources and Environment issued a final rule that amended 
the 36 CFR 219 regulations pertaining to National Forest System Land 
Management Planning (the planning rule) (81 FR 90723, 90737). The 
amendment to the 219 planning rule clarified the Department's direction 
for amending LRMPs. The Department also added a requirement for 
amending a plan for the responsible official to provide notice ``about 
which substantive requirements of Sec. Sec.  219.8 through 219.11 are 
likely to be directly related to the amendment'' (36 CFR 219.13(b)(2), 
81 FR at 90738). Whether a rule provision is directly related to an 
amendment is determined by any one of the following: The purpose for 
the amendment, a beneficial effect of the amendment, a substantial 
adverse effect of the amendment, or a lessening of plan protections by 
the amendment.
    The following descriptions of the proposed or potential LRMP 
amendments that are anticipated to be addressed in the Final EIS 
include a description of the ``substantive requirements of Sec. Sec.  
219.8 through 219.11'' likely to be directly related to each amendment.

New Information for LRMP Amendments and Relationship to Substantive 
Requirements in the Planning Rule

    The FERC's Draft EIS for the ACP and the Notice of Availability 
published in the Federal Register on January 6, 2017 included the 
consideration of a Forest Service authorization for construction and 
operation of the ACP across NFS lands and the associated Forest Service 
LRMP amendments that would be needed to make the project consistent 
with the respective LRMPs if the Forest Service were to approve the 
authorization (36 CFR 219.15).
    The Draft EIS identified ``project-specific plan amendments'' that 
would be needed for the construction and operation of the ACP that 
otherwise could not, or potentially could not, meet certain standards 
in the MNF or GWNF LRMPs. These amendments are considered project-
specific amendments because they would apply only to ACP and would not 
change LRMP requirements for other projects.
    Since the Draft EIS, the Forest Service has reconsidered whether a 
project-specific amendment would still be necessary to ensure the ACP 
was consistent with some of the LRMP standards, has identified the need 
for a project-specific amendment with respect to several other LRMP 
standards, and has determined that a management prescription 
reallocation would not be necessary to approve the project.

Monongahela National Forest

    The following potential amendment to the MNF LRMP would be a 
project-specific amendment, applicable only to the ACP Project. This 
amendment would not change the applicability of

[[Page 25757]]

LRMP requirements for other, future projects.
    Potential Amendment to the MNF LRMP: The MNF LRMP may need to be 
amended to allow for the construction of the Atlantic Coast Pipeline to 
exceed two LRMP standards that were developed for the protection of 
soils, specifically Forestwide Standards SW06 and SW07 which are:

    Standard SW06: Severe rutting resulting from management 
activities shall be confined to less than 5 percent of an activity 
area.
    Standard SW07: Use of wheeled and/or tracked motorized equipment 
may be limited on soil types that include the following soil/site 
area conditions: (a) Steep Slopes (40 to 50 percent), (b) Very Steep 
Slopes (more than 50 percent), (c) Susceptible to Landslides, (d) 
Soils Commonly Wet at or near the Surface during a Considerable Part 
of the Year, or Soils Highly Susceptible to Compaction.

    The amendment would provide an exception from these standards for 
the ACP Project and include specific mitigation measures and project 
design requirements for the project.
    The 36 CFR 219 planning rule requirements likely to be directly 
related to this proposed amendment are:

    Sec.  219.8(a)(2)(ii)--``[The plan must include plan components 
to maintain or restore] Soils and soil productivity, including 
guidance to reduce soil erosion and sedimentation,'' and
    Sec.  219.10(a)(3)--``[The responsible official shall consider] 
Appropriate placement and sustainable management of infrastructure, 
such as recreational facilities and transportation and utility 
corridors.''

    If this potential amendment is determined to be ``directly 
related'' to the substantive rule requirements, the Responsible 
Official must apply those requirements within the scope and scale of 
the amendment and, if necessary, make adjustments to the amendment to 
meet these rule requirements (36 CFR 219.13 (b)(5) and (6)).

George Washington National Forest

    The following proposed amendment to the GWNF LRMP would be a 
project-specific amendment, applicable only to the ACP Project. This 
amendment would not change the applicability of LRMP requirements for 
other, future projects.
    Proposed Amendment, Part 1: In the Draft EIS for the ACP and the 
January 6, 2017 Federal Register Notice of Availability, the original 
proposed amendment, part 1 was to amend the LRMP to reallocate 102.3 
acres to Management Prescription 5C-Designated Utility Corridors from 
Management Prescriptions 7E1-Dispersed Recreation Areas (7 acres) and 
13-Mosaics of Habitat (95 acres). Management Prescription 11-Riparian 
Corridors would have remained embedded within the new Management 
Prescription 5C area. The basis for this proposed amendment was from 
Forestwide Standards FW-243 and FW-244:

    Standard FW-243: Develop and use existing corridors and sites to 
their greatest potential in order to reduce the need for additional 
commitment of lands for these uses. When feasible, expansion of 
existing corridors and sites is preferable to designating new sites.
    Standard FW-244: Following evaluation of the above criteria, 
decisions for new authorizations outside of existing corridors and 
designated communication sites will include an amendment to the 
Forest Plan designating them as Management Prescription Area 5B or 
5C.

    This Management Prescription (Rx) allocation change would change 
management direction for any future activities within the designated Rx 
5C corridor, and would not have been considered a project-specific 
amendment.
    However, upon further examination, the Forest Service has 
determined it would be preferable to not reallocate the ACP operational 
corridor to a Management Prescription that would encourage future co-
location opportunities. Instead the proposal is to now amend the LRMP 
with a project-specific amendment that would exempt the ACP Project 
from the requirements in Forestwide Standards FW-243 and FW-244. With 
this change, the 53.5 foot wide right-of-way needed for the ACP would 
remain within the existing management prescription areas (of Rx 4A--
Appalachian National Scenic Trail Corridor, Rx 7E1--Dispersed 
Recreation Areas; Rx 11--Riparian Corridors; and Rx 13--Mosaics of 
Wildlife Habitat).
    This change from a plan amendment affecting future management to a 
project-specific amendment would also change the administrative review 
process for this proposed amendment from the 36 CFR 219, Subpart B 
procedures as described in the January 6, 2017 Federal Register Notice 
of Availability, to the 36 CFR 218 administrative review process that 
applies to the other proposed project-specific amendments for this 
project.
    The 36 CFR 219 planning rule requirement likely to be directly 
related to this part of the amendment is:

    Sec.  219.10(a)(3)--``[The responsible official shall consider] 
``Appropriate placement and sustainable management of 
infrastructure, such as recreational facilities and transportation 
and utility corridors.''

    Proposed Amendment, Part 2: The Forest Service proposes to amend 
Forestwide Standards FW-5, FW-8, FW-16, FW-17 and Management Area 
Prescription Standard 11-003 to allow for the construction of the 
Atlantic Coast Pipeline to exceed these soil and riparian corridor 
protection measures. Standards FW-8 and 11-003 were not originally 
identified in the Draft EIS for the ACP as standards that may need to 
be amended. These standards are:

    Standard FW-5: On all soils dedicated to growing vegetation, the 
organic layers, topsoil and root mat will be left in place over at 
least 85% of the activity area and revegetation is accomplished 
within 5 years.
    Standard FW-8: Water saturated soils in areas expected to 
produce biomass should not receive vehicle traffic or livestock 
trampling to prevent excessive soil compaction.
    Standard FW-16: Management activities expose no more than 10% 
mineral soil in the channeled ephemeral zone.
    Standard FW-17: In channeled ephemeral zones, up to 50% of the 
basal area may be removed down to a minimum basal area of 50 square 
feet per acre. Removal of additional basal area is allowed on a 
case-by-case basis when needed to benefit riparian dependent 
resources.
    Standard 11-003: Management activities expose no more than 10 
percent mineral soil within the project riparian corridor.

    The amendment would provide an exception from these standards for 
the ACP Project and include specific mitigation measures and project 
design requirements for the project.
    The 36 CFR 219 planning rule requirements likely to be directly 
related to amending the above standards are:

    Sec.  219.8(a)(2)(ii)--``[The plan must include plan components 
to maintain or restore] Soils and soil productivity, including 
guidance to reduce soil erosion and sedimentation;''
    Sec.  219.8(a)(2)(iv)--``[The plan must include plan components 
to maintain or restore] Water resources in the plan area, including 
lakes, streams, and wetlands; . . . and other sources of drinking 
water (including guidance to prevent or mitigate detrimental changes 
in quantity, quality, and availability);'' and
    Sec.  219.8(a)(3)(i)--The plan must include plan components ``to 
maintain or restore the ecological integrity of riparian areas in 
the plan area, including plan components to maintain or restore 
structure, function, composition, and connectivity.''

    The Draft EIS for the ACP and the January 6, 2017 Federal Register 
Notice of Availability had also identified that Forestwide Standard FW-
15 and Management Prescription Area Standard 11-019 may need to be 
amended. However, a further review of these standards has determined 
that the proposed pipeline project can be made consistent with these 
standards and an amendment to these two standards will not be needed. 
These standards are:


[[Page 25758]]


    Standard FW-15: Motorized vehicles are restricted in the 
channeled ephemeral zone to designated crossings. Motorized vehicles 
may only be allowed on a case by case basis, after site specific 
analysis, in the channeled ephemeral zone outside of designated 
crossings.
    Standard 11-019: Tree removals from the core of the riparian 
corridor may only take place if needed to: Enhance the recovery of 
the diversity and complexity of vegetation native to the site; 
rehabilitate both natural and human-caused disturbances; provide 
habitat improvements for aquatic or riparian species, or threatened, 
endangered, sensitive, and locally rare species; reduce fuel 
buildup; provide for public safety; for approved facility 
construction/renovation; or as allowed in standards 11-015 or 11-
024.

    Proposed Amendment, Part 3: The GWNF LRMP would be amended to allow 
the Atlantic Coast Pipeline to be exempt from Management Prescription 
Area Standard 4A-025 and cross the Appalachian National Scenic Trail 
(ANST) in Augusta County, Virginia. This standard is:

    Standard 4A-025: Locate new public utilities and rights-of-way 
in areas of this management prescription area where major impacts 
already exist. Limit linear utilities and rights-of-way to a single 
crossing of the prescription area, per project.

    The 36 CFR 219 planning rule requirement likely to be directly 
related to this part of the amendment is:

    Sec.  219.10(b)(1)(vi)--``[The plan must include plan components 
to provide for] Appropriate management of other designated areas or 
recommended designated areas in the plan area.''

    Potential Amendment, Part 4: The GWNF LRMP may need to be amended 
to allow removal of old growth trees within the construction zone of 
the Atlantic Coast Pipeline. The forestwide standard in the LRMP that 
may need to be amended is FW-85, which states that any stands 
identified as meeting the criteria for Dry Mesic Oak or Dry & Dry-Mesic 
Oak-Pine old growth forest communities may be suitable for timber 
harvest and any decision to harvest such stands would be made after 
consideration of their contribution to the distribution and abundance 
of these old growth forest community types. Stands identified as 
meeting the age criteria for any of the other old growth community 
types found on the forest would be unsuitable for timber production.
    A determination on the need for this amendment will be made 
following completion of an old growth inventory of the stands within 
the ACP Project's construction zone.
    The 36 CFR 219 planning rule requirement likely to be directly 
related to this part of the amendment, if needed, is:

    Sec.  219.11(c)--``The plan may include plan components to allow 
for timber harvest for purposes other than timber production . . . 
or portions of the plan area, as a tool to assist in achieving or 
maintaining one or more applicable desired conditions or objectives 
of the plan . . .''

    Potential Amendment, Part 5: The GWNF may need to amend Management 
Area Prescription Standard 2C3-015 to allow for a major reconstruction 
of a National Forest System Road within Management Prescription Area 
2C3 for the purposes of providing access for pipeline construction. 
This standard is:

    Standard 2C3-015: Allow road construction or reconstruction to 
improve recreational access, improve soil and water, to salvage 
timber, or to protect property or public safety.

    This potential amendment is contingent on the final location of 
access roads needed for the pipeline.
    The 36 CFR 219 planning rule requirement likely to be directly 
related to this part of the amendment, if needed, is:

    Sec.  219.10(b)(v)--``Protection of designated wild and scenic 
rivers as well as management of rivers found eligible or determined 
suitable for the National Wild and Scenic River system to protect 
the values that provide the basis for their suitability for 
inclusion in the system.''

    Potential Amendment, Part 6: The GWNF may need to amend Forestwide 
Standard FW-182 to allow for the construction of the Atlantic Coast 
Pipeline to deviate from the Scenic Integrity Objectives (SIOs) 
established in the LRMP. This standard is:

Standard FW-182: The Forest SIOs are met for all new projects 
(including special uses). Existing conditions may not currently meet 
the assigned SIO.

    The 36 CFR 219 planning rule requirement likely to be directly 
related to this part of the amendment is:

Sec.  219.10(b)(i)--``[The plan must include plan components to 
provide for] ``Sustainable recreation; . . . and scenic character.''

    If any of the six parts of the proposed amendment to the GWNF LRMP 
described above are determined to be ``directly related'' to a 
substantive rule requirement, the Responsible Official must apply that 
requirement within the scope and scale of the proposed amendment and, 
if necessary, make adjustments to the proposed amendment to meet the 
rule requirement (36 CFR 219.13(b)(5) and (6)).

Administrative Review of Plan Amendment Decisions

    The Forest Service's January 6, 2017 Notice of Availability in the 
Federal Register indicated that following the issuance of FERC's Final 
EIS, the Forest Service would prepare separate records of decision for 
the authorization to construct and operate the ACP and for the plan 
amendment decisions. However, the Regional Foresters now intend to sign 
one record of decision for both the authorizations to construct and 
operate the pipeline on the MNF and GWNF and for the project-specific 
plan amendment decisions to the MNF LRMP and the GWNF LRMP. Two 
Regional Foresters are involved with the ACP Project since the pipeline 
will cross both the MNF, which is in the Eastern Region of the Forest 
Service, and the GWNF, which is in the Southern Region of the Forest 
Service. Doing so will simplify the decisionmaking process for internal 
Forest Service administrative purposes as well as for the public's 
right to participate in the predecisional review process. A Forest 
Service decision to authorize the construction and operation of the ACP 
will be subject to the Forest Service predecisional administrative 
review procedures established in 36 CFR 218. At the same time, project-
specific amendments to the MNF and GWNF LRMPs will also be subject to 
the administrative review procedures under the 36 CFR 218 regulations 
(per 36 CFR 219.59(b)).
    Since the Regional Foresters will be the Responsible Officials for 
both the decisions to authorize the construction and operation of the 
ACP as well as the LRMP amendments, the Reviewing Official for all of 
the decisions will be the National Forest System Associate Deputy Chief 
(36 CFR 218.3(a)).
    Responsible Officials for Forest Service Authorizations To 
Construct and Operate the Atlantic Coast Pipeline: The Regional 
Forester Eastern Region for NFS lands on the MNF and the Regional 
Forester Southern Region for NFS lands on the GWNF are the Responsible 
Officials. (Note that Forest Service Manual 2704.32 provides that the 
Regional Forester has authority to issue special use authorizations for 
pipelines 24 inches or more in diameter, and may not delegate that 
authority to a lower-level official.)
    Responsible Officials for Forest Service LRMP Amendments: The 
January 6, 2017 Federal Register Notice of Availability had identified 
the Forest Supervisor for the Monongahela National Forest and the 
Forest Supervisor for the George Washington and Jefferson National 
Forests as the

[[Page 25759]]

Responsible Officials for the MNF LRMP Amendment and the GWNF LRMP 
Amendment, respectively. However, since the Regional Foresters for the 
Eastern and Southern Region will be the Responsible Officials for the 
decision to authorize the construction and operation of ACP, in the 
interest of administrative efficiencies as well as to simplify the 
administrative review process for the public, the Responsible Officials 
for the LRMP Amendments will now be the Regional Forester Eastern 
Region for the MNF LRMP Amendment and the Regional Forester Southern 
Region for the GWNF LRMP Amendment.

    Dated: May 10, 2017.
Robert M. Harper,
Acting Associate Deputy Chief, National Forest System.
[FR Doc. 2017-11484 Filed 6-2-17; 8:45 am]
BILLING CODE 3411-15-P

Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25757

LRMP requirements for other, future would have remained embedded within Prescription Standard 11–003 to allow
projects. the new Management Prescription 5C for the construction of the Atlantic
Potential Amendment to the MNF area. The basis for this proposed Coast Pipeline to exceed these soil and
LRMP: The MNF LRMP may need to be amendment was from Forestwide riparian corridor protection measures.
amended to allow for the construction Standards FW–243 and FW–244: Standards FW–8 and 11–003 were not
of the Atlantic Coast Pipeline to exceed Standard FW–243: Develop and use originally identified in the Draft EIS for
two LRMP standards that were existing corridors and sites to their greatest the ACP as standards that may need to
developed for the protection of soils, potential in order to reduce the need for be amended. These standards are:
specifically Forestwide Standards SW06 additional commitment of lands for these Standard FW–5: On all soils dedicated to
and SW07 which are: uses. When feasible, expansion of existing growing vegetation, the organic layers,
corridors and sites is preferable to topsoil and root mat will be left in place over
Standard SW06: Severe rutting resulting designating new sites.
from management activities shall be confined at least 85% of the activity area and
Standard FW–244: Following evaluation of revegetation is accomplished within 5 years.
to less than 5 percent of an activity area. the above criteria, decisions for new
Standard SW07: Use of wheeled and/or Standard FW–8: Water saturated soils in
authorizations outside of existing corridors
tracked motorized equipment may be limited areas expected to produce biomass should
and designated communication sites will
on soil types that include the following soil/ not receive vehicle traffic or livestock
include an amendment to the Forest Plan
site area conditions: (a) Steep Slopes (40 to trampling to prevent excessive soil
designating them as Management
50 percent), (b) Very Steep Slopes (more than compaction.
Prescription Area 5B or 5C.
50 percent), (c) Susceptible to Landslides, (d) Standard FW–16: Management activities
Soils Commonly Wet at or near the Surface This Management Prescription (Rx) expose no more than 10% mineral soil in the
during a Considerable Part of the Year, or allocation change would change channeled ephemeral zone.
Soils Highly Susceptible to Compaction. management direction for any future Standard FW–17: In channeled ephemeral
activities within the designated Rx 5C zones, up to 50% of the basal area may be
The amendment would provide an removed down to a minimum basal area of
exception from these standards for the corridor, and would not have been
50 square feet per acre. Removal of additional
ACP Project and include specific considered a project-specific basal area is allowed on a case-by-case basis
mitigation measures and project design amendment. when needed to benefit riparian dependent
requirements for the project. However, upon further examination, resources.
The 36 CFR 219 planning rule the Forest Service has determined it Standard 11–003: Management activities
requirements likely to be directly would be preferable to not reallocate the expose no more than 10 percent mineral soil
related to this proposed amendment are: ACP operational corridor to a within the project riparian corridor.
Management Prescription that would
§ 219.8(a)(2)(ii)—‘‘[The plan must include encourage future co-location The amendment would provide an
plan components to maintain or restore] Soils
opportunities. Instead the proposal is to exception from these standards for the
and soil productivity, including guidance to ACP Project and include specific
reduce soil erosion and sedimentation,’’ and now amend the LRMP with a project-
specific amendment that would exempt mitigation measures and project design
§ 219.10(a)(3)—‘‘[The responsible official requirements for the project.
shall consider] Appropriate placement and the ACP Project from the requirements
sustainable management of infrastructure, in Forestwide Standards FW–243 and The 36 CFR 219 planning rule
such as recreational facilities and FW–244. With this change, the 53.5 foot requirements likely to be directly
transportation and utility corridors.’’ wide right-of-way needed for the ACP related to amending the above standards
If this potential amendment is would remain within the existing are:
determined to be ‘‘directly related’’ to management prescription areas (of Rx § 219.8(a)(2)(ii)—‘‘[The plan must include
the substantive rule requirements, the 4A—Appalachian National Scenic Trail plan components to maintain or restore] Soils
Responsible Official must apply those Corridor, Rx 7E1—Dispersed Recreation and soil productivity, including guidance to
requirements within the scope and scale Areas; Rx 11—Riparian Corridors; and reduce soil erosion and sedimentation;’’
Rx 13—Mosaics of Wildlife Habitat). § 219.8(a)(2)(iv)—‘‘[The plan must include
of the amendment and, if necessary, plan components to maintain or restore]
make adjustments to the amendment to This change from a plan amendment
affecting future management to a Water resources in the plan area, including
meet these rule requirements (36 CFR lakes, streams, and wetlands; . . . and other
219.13 (b)(5) and (6)). project-specific amendment would also sources of drinking water (including
change the administrative review guidance to prevent or mitigate detrimental
George Washington National Forest process for this proposed amendment changes in quantity, quality, and
The following proposed amendment from the 36 CFR 219, Subpart B availability);’’ and
to the GWNF LRMP would be a project- procedures as described in the January § 219.8(a)(3)(i)—The plan must include
specific amendment, applicable only to 6, 2017 Federal Register Notice of plan components ‘‘to maintain or restore the
the ACP Project. This amendment Availability, to the 36 CFR 218 ecological integrity of riparian areas in the
administrative review process that plan area, including plan components to
would not change the applicability of maintain or restore structure, function,
LRMP requirements for other, future applies to the other proposed project-
composition, and connectivity.’’
projects. specific amendments for this project.
Proposed Amendment, Part 1: In the The 36 CFR 219 planning rule The Draft EIS for the ACP and the
Draft EIS for the ACP and the January requirement likely to be directly related January 6, 2017 Federal Register Notice
6, 2017 Federal Register Notice of to this part of the amendment is: of Availability had also identified that
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Availability, the original proposed § 219.10(a)(3)—‘‘[The responsible official Forestwide Standard FW–15 and
amendment, part 1 was to amend the shall consider] ‘‘Appropriate placement and Management Prescription Area Standard
LRMP to reallocate 102.3 acres to sustainable management of infrastructure, 11–019 may need to be amended.
Management Prescription 5C-Designated such as recreational facilities and However, a further review of these
Utility Corridors from Management transportation and utility corridors.’’ standards has determined that the
Prescriptions 7E1–Dispersed Recreation Proposed Amendment, Part 2: The proposed pipeline project can be made
Areas (7 acres) and 13–Mosaics of Forest Service proposes to amend consistent with these standards and an
Habitat (95 acres). Management Forestwide Standards FW–5, FW–8, amendment to these two standards will
Prescription 11-Riparian Corridors FW–16, FW–17 and Management Area not be needed. These standards are:

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25758 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

Standard FW–15: Motorized vehicles are to this part of the amendment, if Administrative Review of Plan
restricted in the channeled ephemeral zone needed, is: Amendment Decisions
to designated crossings. Motorized vehicles
may only be allowed on a case by case basis, § 219.11(c)—‘‘The plan may include plan The Forest Service’s January 6, 2017
after site specific analysis, in the channeled components to allow for timber harvest for Notice of Availability in the Federal
ephemeral zone outside of designated purposes other than timber production . . . Register indicated that following the
crossings. or portions of the plan area, as a tool to assist issuance of FERC’s Final EIS, the Forest
Standard 11–019: Tree removals from the in achieving or maintaining one or more
Service would prepare separate records
core of the riparian corridor may only take applicable desired conditions or objectives of
the plan . . .’’ of decision for the authorization to
place if needed to: Enhance the recovery of construct and operate the ACP and for
the diversity and complexity of vegetation
Potential Amendment, Part 5: The the plan amendment decisions.
native to the site; rehabilitate both natural
and human-caused disturbances; provide GWNF may need to amend Management However, the Regional Foresters now
habitat improvements for aquatic or riparian Area Prescription Standard 2C3–015 to intend to sign one record of decision for
species, or threatened, endangered, sensitive, allow for a major reconstruction of a both the authorizations to construct and
and locally rare species; reduce fuel buildup; National Forest System Road within operate the pipeline on the MNF and
provide for public safety; for approved Management Prescription Area 2C3 for GWNF and for the project-specific plan
facility construction/renovation; or as the purposes of providing access for amendment decisions to the MNF LRMP
allowed in standards 11–015 or 11–024. pipeline construction. This standard is: and the GWNF LRMP. Two Regional
Proposed Amendment, Part 3: The Standard 2C3–015: Allow road Foresters are involved with the ACP
GWNF LRMP would be amended to construction or reconstruction to improve Project since the pipeline will cross
allow the Atlantic Coast Pipeline to be recreational access, improve soil and water, both the MNF, which is in the Eastern
exempt from Management Prescription to salvage timber, or to protect property or Region of the Forest Service, and the
Area Standard 4A–025 and cross the public safety. GWNF, which is in the Southern Region
Appalachian National Scenic Trail of the Forest Service. Doing so will
This potential amendment is simplify the decisionmaking process for
(ANST) in Augusta County, Virginia.
contingent on the final location of internal Forest Service administrative
This standard is:
access roads needed for the pipeline. purposes as well as for the public’s right
Standard 4A–025: Locate new public
utilities and rights-of-way in areas of this
The 36 CFR 219 planning rule to participate in the predecisional
management prescription area where major requirement likely to be directly related review process. A Forest Service
impacts already exist. Limit linear utilities to this part of the amendment, if decision to authorize the construction
and rights-of-way to a single crossing of the needed, is: and operation of the ACP will be subject
prescription area, per project. § 219.10(b)(v)—‘‘Protection of designated to the Forest Service predecisional
The 36 CFR 219 planning rule wild and scenic rivers as well as management administrative review procedures
requirement likely to be directly related of rivers found eligible or determined established in 36 CFR 218. At the same
to this part of the amendment is:
suitable for the National Wild and Scenic time, project-specific amendments to
River system to protect the values that the MNF and GWNF LRMPs will also be
§ 219.10(b)(1)(vi)—‘‘[The plan must provide the basis for their suitability for subject to the administrative review
include plan components to provide for] inclusion in the system.’’ procedures under the 36 CFR 218
Appropriate management of other designated
areas or recommended designated areas in Potential Amendment, Part 6: The regulations (per 36 CFR 219.59(b)).
the plan area.’’ GWNF may need to amend Forestwide Since the Regional Foresters will be
Standard FW–182 to allow for the the Responsible Officials for both the
Potential Amendment, Part 4: The decisions to authorize the construction
GWNF LRMP may need to be amended construction of the Atlantic Coast
Pipeline to deviate from the Scenic and operation of the ACP as well as the
to allow removal of old growth trees LRMP amendments, the Reviewing
within the construction zone of the Integrity Objectives (SIOs) established
in the LRMP. This standard is: Official for all of the decisions will be
Atlantic Coast Pipeline. The forestwide the National Forest System Associate
standard in the LRMP that may need to Standard FW–182: The Forest SIOs are met Deputy Chief (36 CFR 218.3(a)).
be amended is FW–85, which states that for all new projects (including special uses). Responsible Officials for Forest
any stands identified as meeting the Existing conditions may not currently meet
Service Authorizations To Construct
the assigned SIO.
criteria for Dry Mesic Oak or Dry & Dry- and Operate the Atlantic Coast Pipeline:
Mesic Oak-Pine old growth forest The 36 CFR 219 planning rule The Regional Forester Eastern Region
communities may be suitable for timber requirement likely to be directly related for NFS lands on the MNF and the
harvest and any decision to harvest such to this part of the amendment is: Regional Forester Southern Region for
stands would be made after NFS lands on the GWNF are the
§ 219.10(b)(i)—‘‘[The plan must include plan
consideration of their contribution to Responsible Officials. (Note that Forest
components to provide for] ‘‘Sustainable
the distribution and abundance of these recreation; . . . and scenic character.’’ Service Manual 2704.32 provides that
old growth forest community types. the Regional Forester has authority to
Stands identified as meeting the age If any of the six parts of the proposed issue special use authorizations for
criteria for any of the other old growth amendment to the GWNF LRMP pipelines 24 inches or more in diameter,
community types found on the forest described above are determined to be and may not delegate that authority to
would be unsuitable for timber
asabaliauskas on DSKBBXCHB2PROD with NOTICES

‘‘directly related’’ to a substantive rule a lower-level official.)
production. requirement, the Responsible Official Responsible Officials for Forest
A determination on the need for this must apply that requirement within the Service LRMP Amendments: The
amendment will be made following scope and scale of the proposed January 6, 2017 Federal Register Notice
completion of an old growth inventory amendment and, if necessary, make of Availability had identified the Forest
of the stands within the ACP Project’s adjustments to the proposed Supervisor for the Monongahela
construction zone. amendment to meet the rule National Forest and the Forest
The 36 CFR 219 planning rule requirement (36 CFR 219.13(b)(5) and Supervisor for the George Washington
requirement likely to be directly related (6)). and Jefferson National Forests as the

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Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25759

Responsible Officials for the MNF evaluate its content to ensure that the regulations, or policies, prior to
LRMP Amendment and the GWNF EIS can be adopted in support of the approval.
LRMP Amendment, respectively. decision-making process for issuance of Midas Gold submitted a plan of
However, since the Regional Foresters a National Pollutant Discharge operations for mining on NFS lands,
for the Eastern and Southern Region Elimination System (NPDES) Permit titled ‘‘Stibnite Gold Plan of Restoration
will be the Responsible Officials for the under Section 402 of the CWA. and Operations’’ (Plan) to the Forest
decision to authorize the construction DATES: Comments concerning the scope Service in September 2016, in
and operation of ACP, in the interest of of the analysis must be received by July accordance with Forest Service
administrative efficiencies as well as to 20, 2017. regulations for locatable minerals set
simplify the administrative review ADDRESSES: Webform submission of
forth at 36 Code of Federal Regulations
process for the public, the Responsible comments is encouraged. Comments can (CFR) 228 Subpart A. In order to comply
Officials for the LRMP Amendments be submitted via the project Web page with its statutory and regulatory
will now be the Regional Forester at http://www.fs.usda.gov/goto/payette/ obligations to respond to the Plan
Eastern Region for the MNF LRMP StibniteGold by selecting the ‘‘Comment submitted by Midas Gold Idaho, Inc.
Amendment and the Regional Forester (Midas Gold), the Forest Service must:
on Project’’ link on the right side of the
Southern Region for the GWNF LRMP (1) Evaluate the Plan; (2) consider
page. Written comments may also be
Amendment. requirements set forth at 36 CFR 228.8,
sent to Payette National Forest, ATTN:
including those to minimize adverse
Dated: May 10, 2017. Forest Supervisor Keith Lannom—
effects to the extent feasible, comply
Robert M. Harper, Stibnite Gold EIS, 500 N. Mission St.,
with applicable laws, regulations, and
Acting Associate Deputy Chief, National McCall, Idaho 83638. Comments may
standards for environmental protection,
Forest System. also be sent via email with a subject line
and provide for reclamation; and (3)
[FR Doc. 2017–11484 Filed 6–2–17; 8:45 am] reading ‘‘Stibnite Gold EIS Scoping
respond to the Plan as set forth at 36
Comment’’ to comments-intermtn-
BILLING CODE 3411–15–P CFR 228.5(a). The Responsible Official
payette@fs.fed.us or via facsimile (FAX) determined the Plan to be
to 1–208–634–0744. Additional administratively complete in December
DEPARTMENT OF AGRICULTURE information regarding submittal of 2016. Approval of the Plan and issuance
comments is provided below in the of permits under the CWA would be
Forest Service Scoping Process section. Written major federal actions subject to the
comments may also be submitted during National Environmental Policy Act
Payette and Boise National Forests; public scoping meetings that will be
Valley County, Idaho; Stibnite Gold (NEPA). Accordingly, the federal land
held by the U.S. Forest Service (Forest management and regulatory agencies
Project Environmental Impact Service), as follows:
Statement must also prepare an EIS to consider
1. June 27, 2017, 5:00–7:00 p.m., Ashley and publicly disclose the potential
AGENCY: Forest Service, USDA. Inn, Cascade, Idaho environmental effects of the proposed
ACTION:Notice of intent to prepare an 2. June 28, 2017, 5:00–7:00 p.m., Payette action.
environmental impact statement. Forest Supervisor’s Office, McCall,
Idaho Proposed Action
SUMMARY: The Payette National Forest 3. June 29, 2017, 1:00–3:00 and 5:00– The Responsible Official proposes to
(PNF) is preparing an Environmental 7:00 p.m., Holiday Inn Express and approve the Plan submitted by Midas
Impact Statement (EIS) to evaluate and Suites (Airport), Boise, Idaho Gold, with any modifications
disclose the potential environmental FOR FURTHER INFORMATION CONTACT: determined necessary through the
effects from: (1) Approval of the Brian Harris, Public Affairs Officer, at analysis to comply with applicable laws
‘‘Stibnite Gold Project Plan of 1–208–634–0784 or bdharris@fs.fed.us. and regulations. USACE would review
Restoration and Operations’’ (Plan) Individuals who use the Plan and EIS for purposes of
submitted by Midas Gold Idaho, Inc. telecommunication devices for the deaf evaluating Midas Gold’s application for
(Midas Gold) in September 2016, to (TDD) may call the Federal Information a Department of the Army Permit under
occupy and use National Forest System Relay Service (FIRS) at 1–800–877–8339 Section 404 of the CWA. EPA would
(NFS) lands for operations associated between 8 a.m. and 8 p.m., Eastern review the Plan and EIS for purposes of
with open-pit mining and ore Time, Monday through Friday. evaluating Midas Gold’s application for
processing; and (2) related amendments SUPPLEMENTARY INFORMATION: The a related NPDES Permit under Section
to the Payette National Forest Land and Stibnite Gold Project (Project) is located 402 of the CWA. As described in the
Resource Management Plan (Payette in both the PNF and BNF. The PNF will Plan, the Project would affect federal,
Forest Plan, 2003) and/or the Boise be the lead unit for processing and state, and private lands. The proposed
National Forest Land and Resource administering the Plan on NFS lands. action by the Forest Service would only
Management Plan (Boise Forest Plan, as authorize approval of mining-related
amended in 2010). Purpose and Need for Action operations on NFS lands, because the
The United States Army Corps of The purpose of the Forest Service’s Forest Service does not have
Engineers (USACE) will cooperate on action is to provide for approval of the jurisdiction to regulate mining
the preparation of the EIS and evaluate Plan, which would govern occupancy operations that occur on private or state
asabaliauskas on DSKBBXCHB2PROD with NOTICES

its content to ensure that the EIS can be and use of NFS lands for operations that land. However, the EIS will consider
adopted by the USACE to support an are reasonably incident to mining. To and disclose environmental effects of
eventual decision to either issue, issue provide for such approval, the mining-related operations that would
with conditions, or deny a Department Responsible Official needs to determine occur on private and state lands.
of the Army Permit under Section 404 whether reasonable changes or Connected actions related to the Plan,
of the Clean Water Act (CWA) for the additions to the Plan are necessary in including but not necessarily limited to
Plan. The United States Environmental order to meet the requirements of CWA permitting by USACE and EPA
Protection Agency (EPA) will cooperate regulations set forth in 36 CFR 228 and related amendments of the Payette
on the preparation of the EIS and Subpart A and other applicable laws, and Boise Forest Plans, will be

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Document Created: 2018-11-14 10:01:12
Document Modified: 2018-11-14 10:01:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; updating information.
Contact		Information about the ACP Project is available from the FERC's Office of External Affairs at 866-208-FERC (3372), or on the FERC Web site (www.ferc.gov). On the FERC's Web site, go to ``Documents & Filings,'' click on the ``eLibrary'' link, click on ``General Search'' and enter the docket number CP15-554. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected], or toll free at 866- 208-3676, or for TTY, contact 202-502-8659. The eLibrary link also provides access to the texts of formal documents issued by the FERC such as orders, notices, and rulemakings.
FR Citation		82 FR 25756

82 FR 25756 - Notice of Updated Information Concerning the Atlantic Coast Pipeline Project and Supply Header Project and the Associated Forest Service Land and Resource Management Plan Amendments

DEPARTMENT OF AGRICULTUREForest Service

Federal Register Volume 82, Issue 106 (June 5, 2017)

DEPARTMENT OF AGRICULTURE
Forest Service