SUPPLEMENTARY INFORMATION:

This NOA is specific to the BLM and the USFS and provides notice that these agencies have participated as cooperating agencies with FERC in the preparation of the MVP Project and Equitrans Project Draft EIS. The Mountain Valley Pipeline route would cross about 3.4 miles of lands managed by the USFS, the Jefferson National Forest, in Monroe County, West Virginia and Giles and Montgomery counties, Virginia. The Equitrans Expansion Project would not cross the Jefferson National Forest.

The FERC is the NEPA Lead Federal Agency for the environmental analysis of the construction and operation of the proposed MVP and Equitrans Projects. Under the Mineral Leasing Act (30 U.S.C. 185 et seq.), the BLM is the federal agency responsible for issuing right-of-way grants for natural gas pipelines across federal lands under the jurisdiction of two or more federal agencies. Therefore, the BLM is considering the issuance of a right-of-way grant to Mountain Valley for pipeline construction across the lands under the jurisdiction of the USFS and the USACE.

Before issuing the right-of-way grant, the BLM would acquire the written concurrences of the USFS and USACE. Through this concurrence process, the USFS would submit to the BLM any specific stipulations applicable to lands, facilities, water bodies, and easements for inclusion in the right-of-way grant.

In order for the potential actions to be consistent with the LRMP, the USFS would need to make several amendments to the LRMP. The amendments would provide for the construction and operation of the natural gas pipeline to occur on the Jefferson National Forest. The USFS would need to make these amendments before USFS could issue a letter of concurrence to the BLM.

The FERC's draft EIS includes the consideration of a BLM right-of-way grant across federal lands for the USFS and USACE and the associated USFS LRMP amendments. The BLM and USFS can adopt FERC's EIS for agency decisions if the analysis provides sufficient evidence to support the agencies' decisions and the agencies are satisfied that agency comments and suggestions have been addressed.

The BLM's purpose and need for the proposed action in FERC's draft EIS is to respond to a right-of-way grant ( printed page 71042) application submitted by the applicant to the BLM on April 5, 2016 to construct, operate, maintain, and eventually decommission a new 42-inch-diameter natural gas pipeline across approximately 3.4 miles of lands managed by the USFS and about 125 feet of federal lands managed by the USACE.

The USFS's purpose and need for the proposed action is to evaluate the following amendments to the LRMP for the Jefferson National Forest and to consider issuing a concurrence to the BLM for the right-of-way grant.

The first type of LRMP amendment would be a “plan-level amendment” that would change land allocations. This would change future management direction for the lands reallocated to the new management prescription (Rx) and is required by LRMP Standard FW-248.

Proposed Amendment 1: The LRMP would be amended to reallocate 186 acres to the Management Prescription 5C-Designated Utility Corridors from these Rxs: 4J-Urban/Suburban Interface (56 acres); 6C-Old Growth Forest Communities-Disturbance Associated (19 ac); and 8A1-Mix of Successional Habitats in Forested Landscapes (111 acres).

Rx 5C-Designated Utility Corridors contain special uses which serve a public benefit by providing a reliable supply of electricity, natural gas, or water essential to local, regional, and national economies. The new Rx 5C land allocation would be 500 feet wide (250 feet wide on each side of the pipeline), with two exceptions: (1) The area where the pipeline crosses Rx 4A-Appalachian National Scenic Trail Corridor would remain in Rx 4A; and (2) the new 5C area would not cross into Peters Mountain Wilderness so the Rx 5C area would be less than 500 feet wide along the boundary of the Wilderness.

The second type of amendment would be a “project-specific amendment” that would apply only to the construction and operation of this pipeline. The following standards would require a temporary “waiver” to allow the project to proceed. These amendments would not change LRMP requirements for other projects or authorize any other actions.

Proposed Amendment 2: The LRMP would be amended to allow construction of the Mountain Valley Pipeline to exceed restrictions on soil conditions and riparian corridor conditions as described in LRMP standards FW-5, FW-9, FW-13, FW-14 and 11-017, provided that mitigation measures or project requirements agreed upon by the Forest Service are implemented as needed.

Proposed Amendment 3: The LRMP would be amended to allow the removal of old growth trees within the construction corridor of the Mountain Valley Pipeline. (Reference LRMP Standard FW-77)

Proposed Amendment 4: The LRMP would be amended to allow the Mountain Valley Pipeline to cross the Appalachian National Scenic Trail on Peters Mountain. The Scenic Integrity Objective for the Rx 4A area and the Trail will be changed from High to Moderate. This amendment also requires the SIO of Moderate to be achieved within five to ten years following completion of the project to allow for vegetation growth. (Reference LRMP Standards 4A-021 and 4A-028)

The decision for a right-of-way grant across federal lands would be documented in a Record of Decision (ROD) issued by the BLM. The BLM's decision to issue, condition, or deny a right of way would be subject to BLM administrative review procedures established in 43 CFR 2881.10 and the procedures established in section 313(b) of the Energy Policy Act of 2005. The USFS concurrence to BLM to issue the right-of-way grant would not be a decision subject to the NEPA and therefore would not be subject to USFS administrative review procedures. The USFS would issue its own draft ROD for the LRMP amendments that would be subject to administrative review prior to final decision. Proposed Amendment 1 was developed in accordance to 36 CFR part 219 (2012 version) regulations and would be subject to the administrative review procedures under 36 CFR part 219 subpart B. Proposed Amendments 2, 3 and 4 were developed in accordance to 36 CFR part 219 (2012) regulations but would be subject to the administrative review procedures under 36 CFR part 218 regulations subparts A and B, per 36 CFR 219.59(b). Refer to the applicable administrative review regulations for eligibility requirements.

The BLM is requesting public comments on the issuance of a right-of-way grant that would allow the MVP to be constructed on Federal lands managed by the USFS and USACE. The USFS is requesting public comments on the consideration of submitting a concurrence to BLM and the draft amendments of the LRMP to allow for the MVP Project on the Jefferson National Forest. All comments must be submitted to the FERC, the Lead Federal Agency within the timeframe stated in FERC's Notice of Availability for their draft EIS. Refer to Docket CP16-10-000 (Mountain Valley Pipeline) in all correspondence to ensure that your comments are correctly filed in the record. You may submit comments to the FERC using one of the methods listed in the ADDRESSES section above. Only those who submit timely and specific written comments regarding the proposed project during a public comment period are eligible to file an objection with the USFS. Before including your address, phone number, email address, or other personal identifying information in your comments, you should be aware that the entire text of your comments—including your personal identifying information— would be publicly available through the FERC eLibrary system, if you file your comments with the Secretary of the FERC.

Responsible Official for USFS LRMP Amendments: The Forest Supervisor for the George Washington and Jefferson National Forests is the Responsible Official for the LRMP Amendments.

Authority: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2.

81 FR 71041