[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45643-45645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22913]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. CP96-809-000, et al. and CP96-810-000]


Maritimes & Northeast Pipeline, L.L.C.; Notice of Amended Route 
by Maritimes & Northeast Pipeline, L.L.C. to be Included in the 
Environmental Impact Statement for the Proposed Maritimes Phase II 
Project and Second Request for Comments on Environmental Issues

August 22, 1997.
    The purpose of this second notice of intent (NOI) to prepare an 
Environmental Impact Statement (EIS) is to inform the public of amended 
pipeline routes that will be analyzed in the EIS and to request 
comments on the current route. We are issuing this NOI to avoid any 
confusion over the currently proposed route of the Maritimes Phase II 
Project.
    On July 11, 1997, Maritimes & Northeast Pipeline, L.L.C. 
(Maritimes) amended its application to reflect reroutes along 104 miles 
of its proposed mainline and 40 miles of its lateral facilities and the 
relocation of one of the compressor stations. Maritimes states that 
these reroutes were identified as a result of efforts to address and 
resolve concerns and comments from landowners and others. Appendix 1 
lists the proposed facilities by county; appendix 2 includes a general 
location map and detailed maps showing the location of the original 
route and the currently proposed route (labeled as the ``PRIMARY 
ROUTE'') and alternate routes.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available from the 
Commission's Public Reference and Files Maintenance Branch, 888 
First Street, NE., Washington, DC 20426, or call (202) 208-1371. 
Copies of the appendices were sent to all those receiving this 
notice in the mail.
---------------------------------------------------------------------------

Background

    On May 16, 1997, we issued our first NOI stating that the staff of 
the Federal Energy Regulatory Commission (FERC or Commission) is 
preparing an environmental impact statement (EIS) that will discuss the 
environmental impacts of the Maritimes Phase II Project. The project 
now involves construction and operation, in Maine, of about 346.1 miles 
of natural gas pipeline and compression.\2\ The facilities consist of 
198.7 miles of 24- and 30-inch-diameter mainline between Westbrook and 
the Canadian border near Woodland (Baileyville), Maine; 147.4 miles of 
4- to 16-inch-diameter laterals, 31,160 horsepower (hp) of compression 
at two new compressor stations, 12 new meter stations, and 35 block 
valves. This EIS will be used by the Commission in its decision-making 
process to determine whether the project is in the public convenience 
and necessity.
---------------------------------------------------------------------------

    \2\ Maritimes & Northeast Pipeline, L.L.C.'s application was 
filed with the Commission under Section 7 of the Natural Gas Act and 
Part 157 of the Commission's regulations.
---------------------------------------------------------------------------

Summary of Proposed Route Changes

    Maritimes identified reroutes along about 53 percent of the 
mainline and 27 percent of the laterals. The most significant changes 
include those at:
     Mainline mileposts (MP) 138.0 to 151.0 in the towns of 
Bowdoinham, Richmond, and Pittston in Sagadahoc and Kennebec Counties, 
including the relocation of the Richmond Compressor Station from Beedle 
to Pitts Road (Mainline MP 143.OR);
     Mainline MPs 217.3 to 236.5 in the towns of Bucksport, 
Holden, Clifton, and Mariaville in Hancock and Penobscot Counties;
     Mainline MPs 247.7 to 290.7 in unnamed townships in 
Hancock and Washington Counties;

[[Page 45644]]

     Cousins Island Lateral MPs 8.5 to 10.3 in the town of 
Yarmouth, Cumberland County;
     Skowhegan Lateral MPs 13.3 to 16.6 in the towns of China 
and Albion, Kennebec County;
     Skowhegan Lateral MPs 34.4 to 35.7R in the town of 
Skowhegan, Somerset County;
     Brewer (Eastern Fine) Spur MPs 0.0 to 2.1R in the town of 
Brewer, Penobscot County; and
     Lincoln (Eastern Fine) Spur MPs 0.0 to 2.7R in the town of 
Lincoln, Penobscot County.
    The remaining reroutes are less than 2 miles in length and less 
than 1,000 feet from the originally proposed route. We have not listed 
them above, but they are all shown in Appendix 2. On the maps the 
currently proposed route is the ``PRIMARY ROUTE''.

Land Requirements for Construction

    Construction of the proposed mainline and Cousins Island Laterals 
(75-foot-wide nominal construction right-of-way) and the other laterals 
(65-foot-wide nominal construction right-of-way) would affect about 
2,980 acres of land. About 71 percent of the mainline and 86 percent of 
the laterals would be adjacent to or within existing powerline or road 
rights-of-way. Appendix 3 identifies by milepost those locations where 
all of the construction right-of-way would be within existing rights-
of-way. Additional land disturbance would be needed for extra work 
spaces at road, railroad and certain waterbody and wetland crossings, 
as well as for pipeyards and contractors yards, and temporary topsoil 
storage.
    Following construction, about 1,931 acres of the land affected by 
the project would be retained for operation of the pipeline. A 
permanent 50 foot-wide right-of-way would be maintained for the 
mainline and Cousins Island Lateral; a permanent 40-foot-wide right-of-
way would be maintained for the remaining laterals. In addition, about 
60 acres of land would be fenced for the Richmond and Baileyville 
Compressor Stations and about 2.4 acres would be required for the meter 
stations (0.2 acre for each meter station). Block valves would be 
within the permanent right-of-way. Existing land uses on the remainder 
of the disturbed area would continue following construction.

The EIS Process

    The National Environmental Policy Act (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. 
We call this ``scoping''. The main goal of the scoping process is to 
focus the analysis in the EIS on the important environmental issues. By 
this Notice of Intent, the Commission requests public comments on the 
scope of the issues it will address in the EIS. All comments received 
are considered during the preparation of the EIS. State and local 
government representatives are encouraged to notify their constituents 
of this proposed action and encourage them to comment on their areas of 
concern.
    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. We have already 
identified a number of issues that we think deserve attention based on 
a preliminary review of the proposed facilities, comments received, and 
the environmental information provided by Maritimes. This preliminary 
list of issues may be changed based on your comments and our analysis.
     Effects on watersheds, including Floods Pond (Bangor Water 
District), Hatcase Pond (Brewer Water District), Sheepscot River, and 
China Lake;
     Effects of proposed open trench crossings on waterbody 
over 100 feet wide including the Androscoggin River, Kennebec River, 
Penobscot River, West Branch Union River, Jordan Brook, and St. Croix 
River on the mainline; and Casco Bay, Sebasticook River, Kennebec River 
(2 crossings), Otter Stream (2 crossings), Passadumkeag River, 
Penobscot River (3 crossings), West Branch Penobscot River (2 
crossings) and Millinocket Stream on the laterals;
     Effects on river segments listed on either national or 
state inventories of sensitive waterbodies, or both (Abagadasset, 
Kennebec, West Branch Sheepscot, Sheepscot, St. George, West Branch 
Union, Middle Branch Union, Narragaugus, Machias, West Branch Machias, 
West Branch Penobscot, and St. Croix Rivers and Marsh Stream);
     Crossing of 240 perennial waterbodies, including 33 
waterbodies considered important for their commercial or recreational 
fisheries, or protected species habitat;
     Effect on anadromous fisheries (including Atlantic 
salmon), deer wintering areas, waterfowl and wildlife habitat 
(including a proposed crossing of Sunkhaze Meadows National Wildlife 
Refuge);
     Effects on 2 federally listed species (bald eagle, 
shortnose sturgeon);
     Effects of crossing 4 active gravel pits;
     Clearing of about 2,061 acres of forest;
     Crossing of about 26.5 miles of wetlands;
     Effects of 62 residences within 100 feet of the pipeline 
centerline;
     Crossings of tribal land (Penobscot Indian Nation) and 
impact on fishing rights (Passamaquoddy Natural Resource Committee);
     Alternatives including the Northern Alternate near 
Richmond and Gardiner, Maine, minor route changes for site-specific 
concerns, and compressor station site alternatives.
    Our independent analysis of the issues will be in a Draft EIS which 
will be mailed to Federal, state, and local agencies, newspapers, 
libraries, the Commission's official service list for these 
proceedings, and individuals and public interest groups who requested 
to remain on our mailing list. A 45-day comment period will be allotted 
for review of the Draft EIS. We will consider all comments on the Draft 
EIS and revise the document, as necessary, before issuing a Final EIS. 
The Final EIS will include our response to each comment received.

Public Participation and Scoping Meetings

    You can make a difference by sending a letter addressing your 
specific comments or concerns about the project. You should focus on 
the potential environmental effects of the proposal, alternatives to 
the proposal (including alternative routes or compressor station 
sites), and measures to avoid or lessen environmental impact. The more 
specific your comments, the more useful they will be. Please follow the 
instructions below to ensure that your comments are received and 
properly recorded:
     Send two copies of your letter to: Lois Cashell, 
Secretary, Federal Energy Regulatory Commission, 888 First St., N.E., 
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the 
Environmental Review and Compliance Branch II, PR 11.2;
     Reference Docket No. CP96-809-000; and
     Mail your comments so that they will be received in 
Washington, DC on or before September 26, 1997.
    In addition to sending written comments, you may attend a public 
scoping meeting that we will conduct in Gardiner, Maine at the 
following time and location:
    Date: Tuesday, Sept. 16, 1997.
    Time: 7:00 p.m.

[[Page 45645]]

    Location: Middle School Gymnasium, State Route 126 (near Water 
Street), Gardiner, Maine, (207) 582-1326.
    The purpose of the scoping meeting is to obtain additional input 
from state and local governments and from the public, especially about 
the Northern Alternative. See the map in Appendix 2. Federal agencies 
have formal channels for input into the Federal process (including 
separate meetings where appropriate) on an interagency basis. Federal 
agencies are expected to transmit their comments directly to the FERC 
and not use the scoping meetings for this purpose. Local agencies are 
requested to provide information on other plans and projects which 
might conflict with, or have cumulative effects, when considered in 
combination with the Maritimes Phase II Project.
    Interested groups and individuals are encouraged to attend the 
meetings and present oral comments on the environmental issues which 
they believe should be addressed in the Draft EIS. A list will be 
available at the public meetings to allow speakers to sign up. Priority 
will be given to those persons representing groups. A transcript will 
be made on the meetings and comments will be used to help determine the 
scope of the Draft EIS.

Becoming an Intervenor

    In addition to involvement in the EIS scoping process, you may want 
to become an official party to the proceeding or become an 
``intervenor''. Among other things, intervenors have the right to 
receive copies of case-related Commission documents such as data 
requests and filings by other intervenors. We will provide our EIS to 
anyone who follows the instructions which appear later in this NOI. 
Likewise, each intervenor must provide copies of its filings to all 
other parties. If you want to become an intervenor you must file a 
motion to intervene according to Rule 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.214) (see appendix 3). If you 
already intervened in this proceeding you do not need to do so again 
because of the amended routes.
    The date for filing timely motions to intervene in this proceeding 
has passed. Therefore, parties now seeking to file late interventions 
must show good cause, as required by section 385.214(b)(3), why this 
time limitation should be waived. Environmental issues have been viewed 
as good cause for late intervention. You do not need intervenor status 
to have your comments considered.

Environmental Mailing List

    This notice is being sent to individuals, organizations, and 
government entities interested and/or potentially affected by the 
proposed project. To solicit focused comments regarding environmental 
considerations related to the proposed project and alternatives, it is 
also being sent to all potential right-of-way grantors (i.e., 
landowners whose property would be crossed), landowners along the 
alternative routes, landowners and abuttors at the aboveground facility 
sites, and abuttors along powerline rights-of-way that would be used 
for installation of the pipeline.
    If you do not want to send comments at this time but still want to 
remain on our mailing list and receive a copy of our Draft and Final 
EISs, please return the form in appendix 4. PLEASE NOTE: IF WE HAVE NOT 
HEARD FROM YOU, EITHER BY COMMENT LETTER, RESPONSE TO ONE OF THE TWO 
NOIs, OR REGISTERING AT THE SCOPING MEETINGS, YOU WILL BE DROPPED FROM 
THE MAILING LIST. If you have previously provided us with your name and 
address, you do not need to send in the form in appendix 4.
Lois D. Cashell,
Secretary.
[FR Doc. 97-22913 Filed 8-27-97; 8:45 am]
BILLING CODE 6717-01-M