Atlantic Coast Pipeline, LLC; Supplemental Notice of Intent To Prepare an Environmental Impact Statement and Proposed Land and Resource Plan Amendment(s) for the Proposed Atlantic Coast Pipeline, Request for Comments on Environmental Issues Related to New Route and Facility Modifications, and Notice of Public Scoping Meetings, 28060-28064 [2016-10784]
Download as PDF
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Saddlehorn Pipeline Company, LLC
(‘‘Saddlehorn’’), filed an amended
petition for a declaratory order
concerning clarifying language to its
rules and regulations tariff governing
line fill, to accommodate the
restructuring of the original Saddlehorn
project into an undivided joint interest
pipeline with Grand Mesa Pipeline,
LLC, all as more fully explained in the
petition, as amended.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Petitioner.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 5 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an ‘‘eSubscription’’ link on the
Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5:00 p.m. Eastern time
on May 11, 2016.
Dated: May 3, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016–10787 Filed 5–6–16; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket Nos. CP15–554–000; CP15–554–
001]
Atlantic Coast Pipeline, LLC;
Supplemental Notice of Intent To
Prepare an Environmental Impact
Statement and Proposed Land and
Resource Plan Amendment(s) for the
Proposed Atlantic Coast Pipeline,
Request for Comments on
Environmental Issues Related to New
Route and Facility Modifications, and
Notice of Public Scoping Meetings
On February 27, 2015, the Federal
Energy Regulatory Commission (FERC
or Commission) issued in Docket Nos.
PF15–5–000 and PF15–6–000 a Notice
of Intent to Prepare an Environmental
Impact Statement for the Planned
Supply Header Project and Atlantic
Coast Pipeline Project, and Request for
Comments on Environmental Issues,
and Notice of Public Scoping Meetings
(NOI). On September 18, 2015, Atlantic
Coast Pipeline, LLC (Atlantic) and
Dominion Transmission, Inc. (DTI) filed
applications with the FERC in Docket
Nos. CP15–554–000 and CP15–555–000
pursuant to sections 7(b) and 7(c) of the
Natural Gas Act (NGA) and Parts 157
and 284 of the Commission’s
regulations. Atlantic and DTI are
seeking Certificates of Public
Convenience and Necessity
(Certificates) to construct, own, and
operate a natural gas pipeline and
related facilities. On March 1, 2016,
Atlantic filed an amendment to its
application to incorporate route and
facility modifications in West Virginia,
Virginia, and North Carolina. This
Supplemental Notice is being issued to
seek comments on the new pipeline
route and facility modifications and
opens a new scoping period for
interested parties to file comments on
environmental issues specific to these
modifications.
Information about the facilities
proposed by Atlantic and DTI can be
found on our public dockets referenced
above and on each applicant’s Web site
at www.dom.com/corporate/what-wedo/atlantic-coast-pipeline or
www.dom.com/corporate/what-we-do/
natural-gas/supply-header-project. The
FERC’s environmental impact statement
(EIS) will encompass all proposed
facilities and be used by the
Commission in its decision-making
process to determine whether the
Atlantic Coast Pipeline (ACP) and
Supply Header Project are in the public
convenience and necessity.
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The FERC will be the lead federal
agency for the preparation of the EIS.
The U.S. Forest Service (USFS) is
participating as a cooperating agency
because the ACP would cross the
Monongahela National Forest (MNF)
and the George Washington National
Forest (GWNF) in West Virginia and
Virginia. As a cooperating agency, the
USFS intends to adopt the EIS per Title
40 of the Code of Federal Regulations,
Part 1506.3 to meet its responsibilities
under the National Environmental
Policy Act (NEPA) regarding Atlantic’s
application for a Right-of-Way Grant
and Temporary Use Permit for crossing
federally administered lands. In
addition, there may be a need for the
USFS to amend the MNF and GWNF
Land and Resource Management Plans
(LRMP) to allow for the ACP to be
constructed on USFS lands. The EIS
will also provide the documentation to
support needed amendments to the
LRMPs. Additional details on the USFS’
LRMP Amendment Process is provided
on page 8.
The Commission previously solicited
public input on the ACP in the spring
of 2015. We 1 are specifically seeking
comments on the new pipeline route
and facility modifications to help the
Commission staff determine what issues
need to be evaluated in the EIS. Your
comments should focus on the potential
environmental effects, reasonable
alternatives, and measures to avoid or
lessen environmental impacts from the
new route and proposed modifications.
To ensure that your comments are
timely and properly recorded, please
send your comments so that the
Commission receives them in
Washington, DC on or before June 2,
2016. If you have previously provided
comments on the ACP or Supply Header
Projects, you do not need to resubmit
them.
You may submit comments in written
form or verbally. In lieu of or in
addition to sending written comments,
the Commission invites you to attend
the public scoping meetings scheduled
as follows:
Date and time
Location
Friday, May 20,
2016, 10:00
a.m.–7:00 p.m.
Marlinton Community
Wellness Center, 320
9th Street, Marlinton,
WV 24954.
Bath County High School,
464 Charger Lane, Hot
Springs, VA 24445.
Saturday, May
21, 2016,
10:00 a.m.–
7:00 p.m.
1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the
environmental staff of the Commission’s Office of
Energy Projects.
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The purpose of these scoping
meetings is to provide an opportunity to
verbally comment on the project
modifications. You may attend at any
time during the meeting, as the primary
goal of a scoping meeting is for us to
hear and document your environmental
concerns. There will not be a formal
presentation by Commission staff;
however, we will be available to answer
your questions about the FERC
environmental review process.
Representatives of Atlantic will also be
present to answer questions about the
project.
Verbal comments will be recorded by
a court reporter and transcripts will be
placed into the docket for the project
and made available for public viewing
on FERC’s eLibrary system (see page 12
‘‘Additional Information’’ for
instructions on using eLibrary). It is
important to note that verbal comments
hold the same weight as written or
electronically submitted comments. If a
significant number of people are
interested in providing verbal
comments, a time limit of 3 to 5 minutes
may be implemented for each
commenter to ensure all those wishing
to comment have the opportunity to do
so within the designated meeting time.
Time limits will be strictly enforced if
they are implemented.
This Supplemental Notice is being
sent to the Commission’s current
environmental mailing list for this
project, including those landowners that
are newly affected by the proposed
pipeline route modifications. State and
local government representatives are
asked to notify their constituents of this
proposed project and encourage them to
comment on their areas of concern.
If you are a newly affected landowner
receiving this notice, a pipeline
company representative may contact
you about the acquisition of an
easement to construct, operate, and
maintain the proposed facilities. The
company would seek to negotiate a
mutually acceptable agreement.
However, if the Commission approves
the project, that approval conveys with
it the right of eminent domain.
Therefore, if the easement negotiations
fail to produce an agreement, the
pipeline company could initiate
condemnation proceedings where
compensation would be determined in
accordance with state law.
A fact sheet prepared by the FERC
entitled ‘‘An Interstate Natural Gas
Facility on My Land? What Do I Need
To Know?’’ is available for viewing on
the FERC Web site (www.ferc.gov). This
fact sheet addresses a number of
typically asked questions, including the
use of eminent domain and how to
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participate in the Commission’s
proceedings.
Summary of Project Modifications
In its amended application, Atlantic
proposes a major route change through
the MNF and GWNF that would affect
landowners in Randolph and
Pocahontas Counties, West Virginia and
Highland, Bath, and Augusta Counties,
Virginia. Other, smaller route changes
proposed in the amendment would
affect landowners in Nelson and
Dinwiddie Counties, Virginia; and
Cumberland and Johnston Counties,
North Carolina. The amended facilities
would increase the total length of the
pipeline from about 556 miles to 599.7
miles and compressor station
horsepower from 40,715 horsepower to
53,515 horsepower at the proposed
Buckingham County, Virginia
compressor station, all as more fully
described in the amended application.
An overview map of the proposed ACP
and SHP and illustrations of these
alternatives are provided in Appendix 1.
Detailed alternative route location
information can be found on DTI’s
interactive web mapping application at
https://www.dom.com/corporate/whatwe-do/atlantic-coast-pipeline.
GWNF 6 Route Modification (Randolph
and Pocahontas Counties, West
Virginia; Highland, Bath, and Augusta
Counties, Virginia)
To reduce potential impacts on the
Cheat Mountain salamander, West
Virginia Northern flying squirrel, and
Cow Knob salamander, and to avoid
sensitive habitats and land uses,
Atlantic incorporated the GWNF 6
Alternative into its proposed pipeline
route between AP–1 mileposts (MPs)
47.5 and 115.2. Relative to Atlantic’s
originally proposed route, the GWNF 6
Route Modification initially heads south
approximately 13 miles, passing east of
Hicks Ridge and west of Kumbrabow
State Forest. The route continues south/
southeast approximately 13 miles,
crossing Point Mountain and passing
east of Elk Mountain and Mingo Knob.
The route enters Pocahontas County,
West Virginia southeast of Mingo Knob
at Valley Mountain, and continues
south approximately 8 miles, crossing
Mace, Tallow, and Gibson Knobs,
passing west of the Snowshoe Ski
Resort. South of Gibson Knob, the route
heads southeast approximately 17 miles,
passing south of Cheat Mountain and
Back Allegheny Mountain; crossing
Cloverlick Mountain, Seneca State
Forest, and Michael Mountain; and
entering Highland County, Virginia just
west of Big Crooked Ridge.
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After entering Virginia, the GWNF 6
Alternative continues east
approximately 3 miles then southeast
approximately 8 miles, crossing Little
Ridge, Big Ridge, and Little Mountain
and passing east of Piney Ridge. The
route enters Bath County, Virginia near
U.S. Highway 220, and continues
southeast approximately 14 miles,
crossing Back Creek Mountain, Jack
Mountain, and Tower Hill Mountain
and passing south of Shenandoah
Mountain at South Sister Knob. The
route heads northeast approximately 20
miles, passing north of Chestnut Ridge;
entering Augusta County, Virginia near
Brushy Ridge; and crossing Deerfield
Valley on the east side of Shenandoah
Mountain. The GWNF 6 Alternative
intersects Atlantic’s filed route near MP
115.2 at Broad Draft near West Augusta,
Virginia.
In addition to the route modification
described above, Atlantic also proposes
to increase the horsepower of its
proposed Compressor Station 2 in
Buckingham County, Virginia and
install eight additional valve sites.
Snowshoe Route Adjustment (Randolph
and Pocahontas Counties, Virginia)
Atlantic incorporated the Snowshoe
Route Variation into its proposed route
between AP–1 MPs 66.7 and 70.1 to
avoid modeled habitat for the Cheat
Mountain salamander and the Cheat
Mountain Civil War Battlefield, as well
as reducing the amount of forest land
and other sensitive environmental
features crossed. Relative to Atlantic’s
originally proposed route, the Snowshoe
Route Variation initially heads west/
southwest for 0.8 mile, crossing the
main ridge on Valley Mountain, then
continuing for approximately 2.6 miles,
descending Valley Mountain, crossing
Dry Fork Spring and Middle Mountain,
and entering the valley along Big Fork
Spring. The route then crosses Highway
56 in the valley, and continues to the
south/southwest for approximately 1.3
miles, ascending Tallow Knob and
reconnecting to the originally proposed
route at MP 70.1.
Singleton Route Adjustment (Bath
County, Virginia)
Atlantic incorporated the Singleton
Route Adjustment into its proposed
route between AP–1 MPs 91.9 and 92.7
to avoid an open-space conservation
easement held by the Virginia Outdoors
Foundation. Relative to Atlantic’s
originally proposed route, the Singleton
Route Adjustment is generally parallel
to and within 0.3 mile of the
corresponding segment of the originally
proposed route.
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Horizons Village 2 Route Adjustment
(Nelson County, Virginia)
In response to our environmental
information request dated December 4,
2015, and to avoid crossing the Spruce
Creek Tributary Conservation Site,
Atlantic incorporated the Horizons
Village 2 Route Adjustment into its
proposed pipeline route between AP–1
MPs 162.0 and 162.8. Relative to
Atlantic’s originally proposed route, the
Horizons Village 2 Route Adjustment
would pass approximately 310 feet
south of the conservation site.
Highway 29 Route Adjustment (Nelson
County, Virginia)
In response to our environmental
information request dated December 4,
2015, and to avoid an area of high slip
potential, improve the location for the
crossing of Highway 29, and optimize
the amount of agricultural and open
land crossed, Atlantic incorporated the
Highway 29 Route Variation into its
proposed pipeline route between AP–1
MPs 167.0 and 171.1. Relative to
Atlantic’s originally proposed route, the
Highway 29 Route Variation initially
heads south for approximately 0.2 mile
following a ridge to the top of Roberts
Mountain, then continues southeast for
approximately 1.7 miles following a
ridge to the base of Roberts Mountain at
the crossing of Davis Creek. This
segment of the route crosses Highway 29
on the same north trending finger ridge
as the proposed route, but in an area
with flatter terrain at the crossing. On
the south side of the highway, the route
continues to the southeast for
approximately 2.2 miles, including a
0.2-mile-long segment parallel to
Starvale Lane. The Highway 29 Route
Variation reconnects to the originally
proposed route on the east side of
Wheelers Cove Road at approximately
MP 171.1.
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Beaver Pond Creek Route Adjustment
(Dinwiddie County, Virginia)
In response to our environmental
information request dated December 4,
2015, and to reduce the number of
crossings of Beaver Pond Creek and
address comments provided by the
Ward Burton Wildlife Foundation,
Atlantic incorporated the Beaver Pond
Creek Route Variation into its proposed
pipeline route between AP–1 MPs 256.5
and 259.3. Relative to Atlantic’s
originally proposed route, the Beaver
Pond Creek Route Variation initially
heads south/southwest for
approximately 111.1 miles to a point
just south of Whitmore Road, then
heads south for approximately 1.6 miles
over mostly upland terrain, crossing
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Beaver Creek Pond in one location,
reconnecting with the originally
proposed route near MP 259.3.
Juniper Farms Route Adjustment
(Johnston County, North Carolina)
Atlantic incorporated the Juniper
Farms Route Variation into its proposed
route between AP–2 MPs 96.9 and 98.4
to avoid a wetland mitigation bank, and
to reduce the amount of sensitive
environmental features and constraints
crossed. Relative to Atlantic’s originally
proposed route, the Juniper Farms Route
Variation initially heads southwest for
approximately 1.2 miles, passing east of
the eastern boundary of the mitigation
bank. The route variation then
reconnects with the originally proposed
route at MP 98.4 on the north side of the
Neuse River crossing.
Fayetteville Major Route Modification
(Cumberland County, North Carolina)
In response to our environmental
information request dated December 4,
2015, and to increase collocation with
an existing Progress Energy Carolinas
(PEC) 500 kilovolt electric transmission
line, and reduce the number of affected
property owners, the number of
waterbody crossings, and temporary
wetland impacts, Atlantic incorporated
the Fayetteville Major Route Alternative
into its proposed pipeline route between
AP–2 MPs 133.1 and 157.5. Relative to
Atlantic’s originally proposed route, the
Fayetteville Major Route Alternative
initially heads south/southeast for
approximately 3.9 miles to the point
where it intersects the existing PEC
electric transmission line, crossing
Drum Road, Interstate 95, and
Goldsboro Road. The route then heads
south for approximately 16.7 miles,
parallel to and adjacent to the electric
transmission line corridor, and crosses
Clinton Road and Cedar Creek Road.
The route continues west for
approximately 5.5 miles, crossing Tabor
Church Road, Cape Fear River, and
North Carolina State Highway 87
reconnecting with the originally
proposed route near MP 157.5.
The EIS Process
NEPA requires the Commission to
take into account the environmental
impacts that could result from an action
whenever it considers the issuance of a
Certificate of Public Convenience and
Necessity. NEPA also requires us to
discover and address concerns the
public may have about proposals. This
process is referred to as scoping. The
main goal of the scoping process is to
focus the analysis in the EIS on the
important environmental issues. By this
notice, the Commission requests public
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comments on the scope of the issues to
address in the EIS. We will consider all
filed comments during the preparation
of the EIS.
In the EIS we will discuss impacts
that could occur as a result of the
construction and operation of the
proposed projects under these general
headings:
b Geology and soils;
b land use;
b water resources, fisheries, and
wetlands;
b cultural resources;
b vegetation and wildlife;
b air quality and noise;
b endangered and threatened species;
b outdoor recreation and scenery
b socioeconomics; and
b public safety.
We will also evaluate reasonable
alternatives to the proposed project or
portions of the project, and make
recommendations on how to lessen or
avoid impacts on the various resource
areas.
The EIS will present our independent
analysis of the issues. We will publish
and distribute the draft EIS for public
comment. After the comment period, we
will consider all timely comments and
revise the document, as necessary,
before issuing a final EIS. To ensure we
have the opportunity to consider and
address your comments, please carefully
follow the instructions in the Public
Participation section beginning on page
9.
The U.S. Army Corps of Engineers
(USACE) and USFS also have
responsibilities under NEPA and can
adopt the EIS for their own agencies
purposes. The USFS intends to use this
EIS to evaluate the effects of the ACP on
lands and facilities managed by the
agency and to address any proposed
amendments of applicable LRMPs that
would be necessary to make provisions
for the projects.
With this Supplemental Notice, we
are asking agencies with jurisdiction by
law and/or special expertise with
respect to the environmental issues
related to these projects to formally
cooperate with us in the preparation of
the EIS.2 Agencies that would like to
request cooperating agency status
should follow the instructions for filing
comments provided under the Public
Participation section of this notice. As
discussed above, the USFS has
expressed its intention to participate as
a cooperating agency in the preparation
of the EIS to satisfy its NEPA
2 The Council on Environmental Quality
regulations addressing cooperating agency
responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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responsibilities related to these projects.
In addition to the USFS, the USACE,
U.S. Environmental Protection Agency,
U.S. Fish and Wildlife Service Great
Dismal Swamp National Wildlife
Refuge, West Virginia Department of
Environmental Protection, and West
Virginia Division of Natural Resources
have also agreed to participate as
cooperating agencies.
Proposed Actions of the U.S. Forest
Service
On November 12, 2015 Atlantic
submitted a right-of-way grant
application to the USFS to construct,
operate, maintain, and eventually
decommission a natural gas pipeline
that crosses lands and facilities
administered by the USFS. In addition,
there is a need for the USFS to consider
amending affected LRMPs to make
provision for the ACP right-of-way.
The proposed action before the USFS
has two components. First, in
accordance with the Minerals Leasing
Act, the USFS would issue a right-ofway grant in response to ACP’s
application for the project to occupy
federal lands. The USFS may submit
specific stipulations, including
mitigation measures, for inclusion in the
right-of-way grant related to lands,
facilities, and easements within its
jurisdiction. Second, the USFS may
need to amend its LRMPs for the
Monongahela and George Washington
National Forests if analysis shows that
construction of the ACP would not be
consistent with the LRMP standards or
other plan components. In addition, the
ACP, as proposed, does not follow a
designated utility corridor through the
GWNF. If the proposed route were
authorized with the right-of-way grant,
the GWNF LRMP would need to be
amended to change the current
Management Areas in the corridor to
Management Area 5C-Designated Utility
Corridors. The MNF does not have
LRMP direction that would require a
similar plan amendment to reallocate
management prescriptions.
The USFS Regional Foresters of the
respective national forests have
authority to grant a right-of-way in
response to Atlantic’s application for
natural gas transmission on federal
lands under the Mineral Leasing Act of
1920. The Responsible Official for
amendment of Forest Service LRMPs is
the Forest Supervisor of the applicable
national forest. However, the Regional
Forester of the applicable national forest
may elect to be the Responsible Official
for the plan amendments as well, since
the Regional Forester will be the
Responsible Official for the right-of-way
grant.
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This NOI initiates the scoping process
for the potential LRMP amendments and
for the issuance of the right-of-way
grant. The decisions will be tiered to the
analysis contained in the FERC EIS for
the ACP. The Notice of Availability for
the FERC draft EIS will contain more
detailed information associated with the
LRMP amendments.
Consultations Under Section 106 of the
National Historic Preservation Act
In accordance with the Advisory
Council on Historic Preservation’s
implementing regulations for Section
106 of the National Historic
Preservation Act, we are using this
notice to initiate consultation with the
applicable State Historic Preservation
Offices, and to solicit their views and
those of other government agencies,
interested Indian tribes, and the public
on the projects’ potential effects on
historic properties.3 We will define the
project-specific Area of Potential Effects
(APE) in consultation with the SHPOs
as the projects develop. On natural gas
facility projects, the APE at a minimum
encompasses all areas subject to ground
disturbance (examples include
construction right-of-way, contractor/
pipe storage yards, compressor stations,
and access roads). Our EIS for these
projects will document our findings on
the impacts on historic properties and
summarize the status of consultations
under Section 106.
Public Participation
You can make a difference by
providing us with your specific
comments or concerns about the ACP
and proposed USFS LRMP
amendments. Your comments should
focus on the potential environmental
effects, reasonable alternatives, and
measures to avoid or lessen
environmental impacts. The more
specific your comments, the more useful
they will be. To ensure that your
comments are timely and properly
recorded, please send your comments so
that the Commission receives them in
Washington DC on or before June 2,
2016. If you have previously provided
comments on the ACP or Supply Header
Projects, you do not need to resubmit
them.
The USFS is participating as a
cooperating agency with the FERC in
this public scoping process. With this
notice, the USFS is requesting public
3 The Advisory Council on Historic Preservation
regulations are at Title 36, Code of Federal
Regulations, part 800. Those regulations define
historic properties as any prehistoric or historic
district, site, building, structure, or object included
in or eligible for inclusion in the National Register
of Historic Places.
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comments on the issuance of the ROW
Grant that would allow the ACP to
occupy federal land. The USFS is also
requesting public comments on the
potential amendments of USFS LRMPs
to make provision for the ACP right-ofway on the Monongahela and George
Washington National Forests.
Comments on actions by the USFS
should be submitted through the FERC
comment process and within the
timeline described. The submission of
timely and specific comments can affect
a reviewer’s ability to participate in
subsequent administrative or judicial
review of USFS decisions. Comments
concerning USFS actions submitted
anonymously will be accepted and
considered; however, such anonymous
submittals will not provide the
commenters with standing to participate
in administrative or judicial review of
USFS decisions.
For your convenience, there are three
methods you can use to submit your
comments to the Commission. In all
instances, please reference the
appropriate project docket number
(CP15–554–000 for the ACP) with your
submission. The Commission will
provide equal consideration to all
comments received, whether filed in
written form or provided verbally. The
Commission encourages electronic filing
of comments and has expert staff
available to assist you at (202) 502–8258
or efiling@ferc.gov. Please carefully
follow these instructions so that your
comments are properly recorded.
(1) You can file your comments
electronically using the eComment
feature located on the Commission’s
Web site (www.ferc.gov) under the link
to Documents and Filings. This is an
easy method for interested persons to
submit brief, text-only comments on a
project;
(2) You can file your comments
electronically using the eFiling feature
located on the Commission’s Web site
(www.ferc.gov) under the link to
Documents and Filings. With eFiling,
you can provide comments in a variety
of formats by attaching them as a file
with your submission. New eFiling
users must first create an account by
clicking on ‘‘eRegister.’’ You must select
the type of filing you are making. If you
are filing a comment on a particular
project, please select ‘‘Comment on a
Filing;’’ or
(3) You can file a paper copy of your
comments by mailing them to the
following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room
1A, Washington, DC 20426.
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Environmental Mailing List
The environmental mailing list
includes federal, state, and local
government representatives and
agencies; elected officials;
environmental and public interest
groups; Native American Tribes; other
interested parties; and local libraries
and newspapers. This list also includes
all affected landowners (as defined in
the Commission’s regulations) who are
potential right-of-way grantors, whose
property may be used temporarily for
project purposes, or who own homes
within certain distances of aboveground
facilities, as well as anyone who
submits comments on the projects. We
will update the environmental mailing
list as the analysis proceeds to ensure
that we send the information related to
this environmental review to all
individuals, organizations, and
government entities interested in and/or
potentially affected by the planned
projects.
Copies of the completed draft EIS will
be sent to the environmental mailing list
for public review and comment. If you
would prefer to receive a paper copy of
the document instead of the CD version
or would like to remove your name from
the mailing list, please return the
attached Information Request (appendix
2).
Becoming an Intervenor
In addition to involvement in the EIS
scoping process, you may want to
become an ‘‘intervenor’’ which is an
official party to the Commission’s
proceeding. Intervenors play a more
formal role in the process and are able
to file briefs, appear at hearings, and be
heard by the courts if they choose to
appeal the Commission’s final ruling.
An intervenor formally participates in
the proceeding by filing a request to
intervene. Instructions for becoming an
intervenor are in the User’s Guide under
the ‘‘e-filing’’ link on the Commission’s
Web site.
mstockstill on DSK3G9T082PROD with NOTICES
Administrative Review of USFS
Decisions
Decisions by the USFS to issue ROW
Grants and amend LRMPs are subject to
administrative review. Pre-decisional
objections to the ROW Grant decisions
and project-specific MNF and GWNF
LRMP amendments that are applicable
only to the ACP, as provided under Title
36 of the Code of Federal Regulations
Part 219.59(b) (36 CFR 219.59[b]), may
be filed under the 36 CFR 218
regulations, Subparts A and B. For
objection eligibility (218.5), only those
who have submitted timely, specific
written comments during any
VerDate Sep<11>2014
17:44 May 06, 2016
Jkt 238001
designated opportunity for public
comment may file an objection. Issues to
be raised in objections must be based on
previously submitted specific written
comments regarding the proposed
project and attributed to the objector,
unless the issue is based on new
information that arose after a designated
opportunity for comment (218.8(c)). The
GWNF plan amendment for the
reallocation of management areas to
Management Area 5C-Designated Utility
Corridors would be subject to the predecisional objection process under the
regulations at 36 CFR 219, Subpart B.
For objection eligibility (219.53), only
those who have submitted substantive
formal comments related to a plan
amendment during the opportunities for
public comment during the planning
process for that decision may file an
objection. Objections must be based on
previously submitted substantive formal
comments attributed to the objector
unless the objection concerns an issue
that arose after the opportunities for
formal comment.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
Filings Instituting Proceedings
Additional Information
Additional information about the ACP
is available from the Commission’s
Office of External Affairs, at (866) 208–
FERC or on the FERC Web site
(www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on
‘‘General Search,’’ and enter the docket
number, excluding the last three digits
(i.e., CP15–554). Be sure you have
selected an appropriate date range. For
assistance, please contact FERC Online
Support at FercOnlineSupport@ferc.gov
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
Commission, such as orders, notices,
and rulemakings.
In addition, the Commission offers a
free service called eSubscription which
allows you to keep track of all formal
issuances and submittals in specific
dockets. This can reduce the amount of
time you spend researching proceedings
by automatically providing you with
notification of these filings, document
summaries, and direct links to the
documents. Go to www.ferc.gov/
esubscribenow.htm.
Finally, public meetings or site visits
will be posted on the Commission’s
calendar located at www.ferc.gov/
EventCalendar/EventsList.aspx along
with other related information.
Docket Numbers: RP16–873–000.
Applicants: Elba Express Company,
L.L.C.
Description: § 4(d) Rate Filing: Fuel
Tracker Filing—2016 to be effective 6/
1/2016.
Filed Date: 4/26/16.
Accession Number: 20160426–5081.
Comments Due: 5 p.m. ET 5/9/16.
Docket Numbers: RP16–874–000.
Applicants: Questar Overthrust
Pipeline Company.
Description: § 4(d) Rate Filing:—
14.7—Imbalances on Inactive Contracts
Version 1.0.0 to be effective 5/26/2016.
Filed Date: 4/26/16.
Accession Number: 20160426–5115.
Comments Due: 5 p.m. ET 5/9/16.
Docket Numbers: RP16–875–000.
Applicants: Cameron Interstate
Pipeline, LLC.
Description: Annual Report of
Interruptible Transportation Revenue
Sharing of Cameron Interstate Pipeline,
LLC under RP16–875.
Filed Date: 4/26/16.
Accession Number: 20160426–5138.
Comments Due: 5 p.m. ET 5/9/16.
The filings are accessible in the
Commission’s eLibrary system by
clicking on the links or querying the
docket number.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
Dated: May 3, 2016.
Kimberly D. Bose,
Secretary.
Dated: April 27, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016–10784 Filed 5–6–16; 8:45 am]
[FR Doc. 2016–10768 Filed 5–6–16; 8:45 am]
BILLING CODE 6717–01–P
BILLING CODE 6717–01–P
PO 00000
Frm 00019
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09MYN1
Agencies
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28060-28064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10784]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP15-554-000; CP15-554-001]
Atlantic Coast Pipeline, LLC; Supplemental Notice of Intent To
Prepare an Environmental Impact Statement and Proposed Land and
Resource Plan Amendment(s) for the Proposed Atlantic Coast Pipeline,
Request for Comments on Environmental Issues Related to New Route and
Facility Modifications, and Notice of Public Scoping Meetings
On February 27, 2015, the Federal Energy Regulatory Commission
(FERC or Commission) issued in Docket Nos. PF15-5-000 and PF15-6-000 a
Notice of Intent to Prepare an Environmental Impact Statement for the
Planned Supply Header Project and Atlantic Coast Pipeline Project, and
Request for Comments on Environmental Issues, and Notice of Public
Scoping Meetings (NOI). On September 18, 2015, Atlantic Coast Pipeline,
LLC (Atlantic) and Dominion Transmission, Inc. (DTI) filed applications
with the FERC in Docket Nos. CP15-554-000 and CP15-555-000 pursuant to
sections 7(b) and 7(c) of the Natural Gas Act (NGA) and Parts 157 and
284 of the Commission's regulations. Atlantic and DTI are seeking
Certificates of Public Convenience and Necessity (Certificates) to
construct, own, and operate a natural gas pipeline and related
facilities. On March 1, 2016, Atlantic filed an amendment to its
application to incorporate route and facility modifications in West
Virginia, Virginia, and North Carolina. This Supplemental Notice is
being issued to seek comments on the new pipeline route and facility
modifications and opens a new scoping period for interested parties to
file comments on environmental issues specific to these modifications.
Information about the facilities proposed by Atlantic and DTI can
be found on our public dockets referenced above and on each applicant's
Web site at www.dom.com/corporate/what-we-do/atlantic-coast-pipeline or
www.dom.com/corporate/what-we-do/natural-gas/supply-header-project. The
FERC's environmental impact statement (EIS) will encompass all proposed
facilities and be used by the Commission in its decision-making process
to determine whether the Atlantic Coast Pipeline (ACP) and Supply
Header Project are in the public convenience and necessity.
The FERC will be the lead federal agency for the preparation of the
EIS. The U.S. Forest Service (USFS) is participating as a cooperating
agency because the ACP would cross the Monongahela National Forest
(MNF) and the George Washington National Forest (GWNF) in West Virginia
and Virginia. As a cooperating agency, the USFS intends to adopt the
EIS per Title 40 of the Code of Federal Regulations, Part 1506.3 to
meet its responsibilities under the National Environmental Policy Act
(NEPA) regarding Atlantic's application for a Right-of-Way Grant and
Temporary Use Permit for crossing federally administered lands. In
addition, there may be a need for the USFS to amend the MNF and GWNF
Land and Resource Management Plans (LRMP) to allow for the ACP to be
constructed on USFS lands. The EIS will also provide the documentation
to support needed amendments to the LRMPs. Additional details on the
USFS' LRMP Amendment Process is provided on page 8.
The Commission previously solicited public input on the ACP in the
spring of 2015. We \1\ are specifically seeking comments on the new
pipeline route and facility modifications to help the Commission staff
determine what issues need to be evaluated in the EIS. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts
from the new route and proposed modifications. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before June
2, 2016. If you have previously provided comments on the ACP or Supply
Header Projects, you do not need to resubmit them.
---------------------------------------------------------------------------
\1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------
You may submit comments in written form or verbally. In lieu of or
in addition to sending written comments, the Commission invites you to
attend the public scoping meetings scheduled as follows:
------------------------------------------------------------------------
Date and time Location
------------------------------------------------------------------------
Friday, May 20, 2016, 10:00 a.m.-7:00 p.m. Marlinton Community Wellness
Center, 320 9th Street,
Marlinton, WV 24954.
Saturday, May 21, 2016, 10:00 a.m.-7:00 Bath County High School, 464
p.m. Charger Lane, Hot Springs,
VA 24445.
------------------------------------------------------------------------
[[Page 28061]]
The purpose of these scoping meetings is to provide an opportunity
to verbally comment on the project modifications. You may attend at any
time during the meeting, as the primary goal of a scoping meeting is
for us to hear and document your environmental concerns. There will not
be a formal presentation by Commission staff; however, we will be
available to answer your questions about the FERC environmental review
process. Representatives of Atlantic will also be present to answer
questions about the project.
Verbal comments will be recorded by a court reporter and
transcripts will be placed into the docket for the project and made
available for public viewing on FERC's eLibrary system (see page 12
``Additional Information'' for instructions on using eLibrary). It is
important to note that verbal comments hold the same weight as written
or electronically submitted comments. If a significant number of people
are interested in providing verbal comments, a time limit of 3 to 5
minutes may be implemented for each commenter to ensure all those
wishing to comment have the opportunity to do so within the designated
meeting time. Time limits will be strictly enforced if they are
implemented.
This Supplemental Notice is being sent to the Commission's current
environmental mailing list for this project, including those landowners
that are newly affected by the proposed pipeline route modifications.
State and local government representatives are asked to notify their
constituents of this proposed project and encourage them to comment on
their areas of concern.
If you are a newly affected landowner receiving this notice, a
pipeline company representative may contact you about the acquisition
of an easement to construct, operate, and maintain the proposed
facilities. The company would seek to negotiate a mutually acceptable
agreement. However, if the Commission approves the project, that
approval conveys with it the right of eminent domain. Therefore, if the
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings where compensation
would be determined in accordance with state law.
A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.
Summary of Project Modifications
In its amended application, Atlantic proposes a major route change
through the MNF and GWNF that would affect landowners in Randolph and
Pocahontas Counties, West Virginia and Highland, Bath, and Augusta
Counties, Virginia. Other, smaller route changes proposed in the
amendment would affect landowners in Nelson and Dinwiddie Counties,
Virginia; and Cumberland and Johnston Counties, North Carolina. The
amended facilities would increase the total length of the pipeline from
about 556 miles to 599.7 miles and compressor station horsepower from
40,715 horsepower to 53,515 horsepower at the proposed Buckingham
County, Virginia compressor station, all as more fully described in the
amended application. An overview map of the proposed ACP and SHP and
illustrations of these alternatives are provided in Appendix 1.
Detailed alternative route location information can be found on DTI's
interactive web mapping application at https://www.dom.com/corporate/what-we-do/atlantic-coast-pipeline.
GWNF 6 Route Modification (Randolph and Pocahontas Counties, West
Virginia; Highland, Bath, and Augusta Counties, Virginia)
To reduce potential impacts on the Cheat Mountain salamander, West
Virginia Northern flying squirrel, and Cow Knob salamander, and to
avoid sensitive habitats and land uses, Atlantic incorporated the GWNF
6 Alternative into its proposed pipeline route between AP-1 mileposts
(MPs) 47.5 and 115.2. Relative to Atlantic's originally proposed route,
the GWNF 6 Route Modification initially heads south approximately 13
miles, passing east of Hicks Ridge and west of Kumbrabow State Forest.
The route continues south/southeast approximately 13 miles, crossing
Point Mountain and passing east of Elk Mountain and Mingo Knob. The
route enters Pocahontas County, West Virginia southeast of Mingo Knob
at Valley Mountain, and continues south approximately 8 miles, crossing
Mace, Tallow, and Gibson Knobs, passing west of the Snowshoe Ski
Resort. South of Gibson Knob, the route heads southeast approximately
17 miles, passing south of Cheat Mountain and Back Allegheny Mountain;
crossing Cloverlick Mountain, Seneca State Forest, and Michael
Mountain; and entering Highland County, Virginia just west of Big
Crooked Ridge.
After entering Virginia, the GWNF 6 Alternative continues east
approximately 3 miles then southeast approximately 8 miles, crossing
Little Ridge, Big Ridge, and Little Mountain and passing east of Piney
Ridge. The route enters Bath County, Virginia near U.S. Highway 220,
and continues southeast approximately 14 miles, crossing Back Creek
Mountain, Jack Mountain, and Tower Hill Mountain and passing south of
Shenandoah Mountain at South Sister Knob. The route heads northeast
approximately 20 miles, passing north of Chestnut Ridge; entering
Augusta County, Virginia near Brushy Ridge; and crossing Deerfield
Valley on the east side of Shenandoah Mountain. The GWNF 6 Alternative
intersects Atlantic's filed route near MP 115.2 at Broad Draft near
West Augusta, Virginia.
In addition to the route modification described above, Atlantic
also proposes to increase the horsepower of its proposed Compressor
Station 2 in Buckingham County, Virginia and install eight additional
valve sites.
Snowshoe Route Adjustment (Randolph and Pocahontas Counties, Virginia)
Atlantic incorporated the Snowshoe Route Variation into its
proposed route between AP-1 MPs 66.7 and 70.1 to avoid modeled habitat
for the Cheat Mountain salamander and the Cheat Mountain Civil War
Battlefield, as well as reducing the amount of forest land and other
sensitive environmental features crossed. Relative to Atlantic's
originally proposed route, the Snowshoe Route Variation initially heads
west/southwest for 0.8 mile, crossing the main ridge on Valley
Mountain, then continuing for approximately 2.6 miles, descending
Valley Mountain, crossing Dry Fork Spring and Middle Mountain, and
entering the valley along Big Fork Spring. The route then crosses
Highway 56 in the valley, and continues to the south/southwest for
approximately 1.3 miles, ascending Tallow Knob and reconnecting to the
originally proposed route at MP 70.1.
Singleton Route Adjustment (Bath County, Virginia)
Atlantic incorporated the Singleton Route Adjustment into its
proposed route between AP-1 MPs 91.9 and 92.7 to avoid an open-space
conservation easement held by the Virginia Outdoors Foundation.
Relative to Atlantic's originally proposed route, the Singleton Route
Adjustment is generally parallel to and within 0.3 mile of the
corresponding segment of the originally proposed route.
[[Page 28062]]
Horizons Village 2 Route Adjustment (Nelson County, Virginia)
In response to our environmental information request dated December
4, 2015, and to avoid crossing the Spruce Creek Tributary Conservation
Site, Atlantic incorporated the Horizons Village 2 Route Adjustment
into its proposed pipeline route between AP-1 MPs 162.0 and 162.8.
Relative to Atlantic's originally proposed route, the Horizons Village
2 Route Adjustment would pass approximately 310 feet south of the
conservation site.
Highway 29 Route Adjustment (Nelson County, Virginia)
In response to our environmental information request dated December
4, 2015, and to avoid an area of high slip potential, improve the
location for the crossing of Highway 29, and optimize the amount of
agricultural and open land crossed, Atlantic incorporated the Highway
29 Route Variation into its proposed pipeline route between AP-1 MPs
167.0 and 171.1. Relative to Atlantic's originally proposed route, the
Highway 29 Route Variation initially heads south for approximately 0.2
mile following a ridge to the top of Roberts Mountain, then continues
southeast for approximately 1.7 miles following a ridge to the base of
Roberts Mountain at the crossing of Davis Creek. This segment of the
route crosses Highway 29 on the same north trending finger ridge as the
proposed route, but in an area with flatter terrain at the crossing. On
the south side of the highway, the route continues to the southeast for
approximately 2.2 miles, including a 0.2-mile-long segment parallel to
Starvale Lane. The Highway 29 Route Variation reconnects to the
originally proposed route on the east side of Wheelers Cove Road at
approximately MP 171.1.
Beaver Pond Creek Route Adjustment (Dinwiddie County, Virginia)
In response to our environmental information request dated December
4, 2015, and to reduce the number of crossings of Beaver Pond Creek and
address comments provided by the Ward Burton Wildlife Foundation,
Atlantic incorporated the Beaver Pond Creek Route Variation into its
proposed pipeline route between AP-1 MPs 256.5 and 259.3. Relative to
Atlantic's originally proposed route, the Beaver Pond Creek Route
Variation initially heads south/southwest for approximately 111.1 miles
to a point just south of Whitmore Road, then heads south for
approximately 1.6 miles over mostly upland terrain, crossing Beaver
Creek Pond in one location, reconnecting with the originally proposed
route near MP 259.3.
Juniper Farms Route Adjustment (Johnston County, North Carolina)
Atlantic incorporated the Juniper Farms Route Variation into its
proposed route between AP-2 MPs 96.9 and 98.4 to avoid a wetland
mitigation bank, and to reduce the amount of sensitive environmental
features and constraints crossed. Relative to Atlantic's originally
proposed route, the Juniper Farms Route Variation initially heads
southwest for approximately 1.2 miles, passing east of the eastern
boundary of the mitigation bank. The route variation then reconnects
with the originally proposed route at MP 98.4 on the north side of the
Neuse River crossing.
Fayetteville Major Route Modification (Cumberland County, North
Carolina)
In response to our environmental information request dated December
4, 2015, and to increase collocation with an existing Progress Energy
Carolinas (PEC) 500 kilovolt electric transmission line, and reduce the
number of affected property owners, the number of waterbody crossings,
and temporary wetland impacts, Atlantic incorporated the Fayetteville
Major Route Alternative into its proposed pipeline route between AP-2
MPs 133.1 and 157.5. Relative to Atlantic's originally proposed route,
the Fayetteville Major Route Alternative initially heads south/
southeast for approximately 3.9 miles to the point where it intersects
the existing PEC electric transmission line, crossing Drum Road,
Interstate 95, and Goldsboro Road. The route then heads south for
approximately 16.7 miles, parallel to and adjacent to the electric
transmission line corridor, and crosses Clinton Road and Cedar Creek
Road. The route continues west for approximately 5.5 miles, crossing
Tabor Church Road, Cape Fear River, and North Carolina State Highway 87
reconnecting with the originally proposed route near MP 157.5.
The EIS Process
NEPA requires the Commission to take into account the environmental
impacts that could result from an action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. NEPA
also requires us to discover and address concerns the public may have
about proposals. This process is referred to as scoping. The main goal
of the scoping process is to focus the analysis in the EIS on the
important environmental issues. By this notice, the Commission requests
public comments on the scope of the issues to address in the EIS. We
will consider all filed comments during the preparation of the EIS.
In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the proposed projects under these
general headings:
[ballot] Geology and soils;
[ballot] land use;
[ballot] water resources, fisheries, and wetlands;
[ballot] cultural resources;
[ballot] vegetation and wildlife;
[ballot] air quality and noise;
[ballot] endangered and threatened species;
[ballot] outdoor recreation and scenery
[ballot] socioeconomics; and
[ballot] public safety.
We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
The EIS will present our independent analysis of the issues. We
will publish and distribute the draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section beginning
on page 9.
The U.S. Army Corps of Engineers (USACE) and USFS also have
responsibilities under NEPA and can adopt the EIS for their own
agencies purposes. The USFS intends to use this EIS to evaluate the
effects of the ACP on lands and facilities managed by the agency and to
address any proposed amendments of applicable LRMPs that would be
necessary to make provisions for the projects.
With this Supplemental Notice, we are asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to these projects to formally cooperate
with us in the preparation of the EIS.\2\ Agencies that would like to
request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice. As discussed above, the USFS has expressed its intention to
participate as a cooperating agency in the preparation of the EIS to
satisfy its NEPA
[[Page 28063]]
responsibilities related to these projects. In addition to the USFS,
the USACE, U.S. Environmental Protection Agency, U.S. Fish and Wildlife
Service Great Dismal Swamp National Wildlife Refuge, West Virginia
Department of Environmental Protection, and West Virginia Division of
Natural Resources have also agreed to participate as cooperating
agencies.
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\2\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------
Proposed Actions of the U.S. Forest Service
On November 12, 2015 Atlantic submitted a right-of-way grant
application to the USFS to construct, operate, maintain, and eventually
decommission a natural gas pipeline that crosses lands and facilities
administered by the USFS. In addition, there is a need for the USFS to
consider amending affected LRMPs to make provision for the ACP right-
of-way.
The proposed action before the USFS has two components. First, in
accordance with the Minerals Leasing Act, the USFS would issue a right-
of-way grant in response to ACP's application for the project to occupy
federal lands. The USFS may submit specific stipulations, including
mitigation measures, for inclusion in the right-of-way grant related to
lands, facilities, and easements within its jurisdiction. Second, the
USFS may need to amend its LRMPs for the Monongahela and George
Washington National Forests if analysis shows that construction of the
ACP would not be consistent with the LRMP standards or other plan
components. In addition, the ACP, as proposed, does not follow a
designated utility corridor through the GWNF. If the proposed route
were authorized with the right-of-way grant, the GWNF LRMP would need
to be amended to change the current Management Areas in the corridor to
Management Area 5C-Designated Utility Corridors. The MNF does not have
LRMP direction that would require a similar plan amendment to
reallocate management prescriptions.
The USFS Regional Foresters of the respective national forests have
authority to grant a right-of-way in response to Atlantic's application
for natural gas transmission on federal lands under the Mineral Leasing
Act of 1920. The Responsible Official for amendment of Forest Service
LRMPs is the Forest Supervisor of the applicable national forest.
However, the Regional Forester of the applicable national forest may
elect to be the Responsible Official for the plan amendments as well,
since the Regional Forester will be the Responsible Official for the
right-of-way grant.
This NOI initiates the scoping process for the potential LRMP
amendments and for the issuance of the right-of-way grant. The
decisions will be tiered to the analysis contained in the FERC EIS for
the ACP. The Notice of Availability for the FERC draft EIS will contain
more detailed information associated with the LRMP amendments.
Consultations Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
implementing regulations for Section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Offices, and to solicit
their views and those of other government agencies, interested Indian
tribes, and the public on the projects' potential effects on historic
properties.\3\ We will define the project-specific Area of Potential
Effects (APE) in consultation with the SHPOs as the projects develop.
On natural gas facility projects, the APE at a minimum encompasses all
areas subject to ground disturbance (examples include construction
right-of-way, contractor/pipe storage yards, compressor stations, and
access roads). Our EIS for these projects will document our findings on
the impacts on historic properties and summarize the status of
consultations under Section 106.
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\3\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------
Public Participation
You can make a difference by providing us with your specific
comments or concerns about the ACP and proposed USFS LRMP amendments.
Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send your comments so that the Commission receives them in Washington
DC on or before June 2, 2016. If you have previously provided comments
on the ACP or Supply Header Projects, you do not need to resubmit them.
The USFS is participating as a cooperating agency with the FERC in
this public scoping process. With this notice, the USFS is requesting
public comments on the issuance of the ROW Grant that would allow the
ACP to occupy federal land. The USFS is also requesting public comments
on the potential amendments of USFS LRMPs to make provision for the ACP
right-of-way on the Monongahela and George Washington National Forests.
Comments on actions by the USFS should be submitted through the
FERC comment process and within the timeline described. The submission
of timely and specific comments can affect a reviewer's ability to
participate in subsequent administrative or judicial review of USFS
decisions. Comments concerning USFS actions submitted anonymously will
be accepted and considered; however, such anonymous submittals will not
provide the commenters with standing to participate in administrative
or judicial review of USFS decisions.
For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
appropriate project docket number (CP15-554-000 for the ACP) with your
submission. The Commission will provide equal consideration to all
comments received, whether filed in written form or provided verbally.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at (202) 502-8258 or efiling@ferc.gov.
Please carefully follow these instructions so that your comments are
properly recorded.
(1) You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. This is an easy method for interested
persons to submit brief, text-only comments on a project;
(2) You can file your comments electronically using the eFiling
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing;'' or
(3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
[[Page 28064]]
Environmental Mailing List
The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, as well as anyone who
submits comments on the projects. We will update the environmental
mailing list as the analysis proceeds to ensure that we send the
information related to this environmental review to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned projects.
Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Information Request (appendix 2).
Becoming an Intervenor
In addition to involvement in the EIS scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.
Administrative Review of USFS Decisions
Decisions by the USFS to issue ROW Grants and amend LRMPs are
subject to administrative review. Pre-decisional objections to the ROW
Grant decisions and project-specific MNF and GWNF LRMP amendments that
are applicable only to the ACP, as provided under Title 36 of the Code
of Federal Regulations Part 219.59(b) (36 CFR 219.59[b]), may be filed
under the 36 CFR 218 regulations, Subparts A and B. For objection
eligibility (218.5), only those who have submitted timely, specific
written comments during any designated opportunity for public comment
may file an objection. Issues to be raised in objections must be based
on previously submitted specific written comments regarding the
proposed project and attributed to the objector, unless the issue is
based on new information that arose after a designated opportunity for
comment (218.8(c)). The GWNF plan amendment for the reallocation of
management areas to Management Area 5C-Designated Utility Corridors
would be subject to the pre-decisional objection process under the
regulations at 36 CFR 219, Subpart B. For objection eligibility
(219.53), only those who have submitted substantive formal comments
related to a plan amendment during the opportunities for public comment
during the planning process for that decision may file an objection.
Objections must be based on previously submitted substantive formal
comments attributed to the objector unless the objection concerns an
issue that arose after the opportunities for formal comment.
Additional Information
Additional information about the ACP is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket
number, excluding the last three digits (i.e., CP15-554). Be sure you
have selected an appropriate date range. For assistance, please contact
FERC Online Support at FercOnlineSupport@ferc.gov 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
Commission, such as orders, notices, and rulemakings.
In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
Dated: May 3, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-10784 Filed 5-6-16; 8:45 am]
BILLING CODE 6717-01-P