[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Notices]
[Pages 69248-69253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32007]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP00-14-000]


Buccaneer Gas Pipeline Company, L.L.C.; Notice of Intent To 
Prepare an Environmental Impact Statement for the Proposed Buccaneer 
Gas Pipeline Project, Request for Comments on Environmental Issues, and 
Notice of Public Scoping Meetings and Site Visits

December 6, 1999.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) and the Minerals Management Service (MMS) will prepare an 
environmental impact statement (EIS) that will discuss the 
environmental impacts of the Buccaneer Gas Pipeline Project involving 
construction and operation of facilities by Buccaneer Gas Pipeline 
Company, L.L.C. (Buccaneer) in Alabama, the Gulf of Mexico, and 
Florida.\1\ These facilities would consist of about 674 miles of 
various diameter pipeline, 75,000 horsepower (hp) of compression, 14 
metering and regulating (M&R) stations, and a liquids separation 
facility. Due to the division of proposed facilities between onshore 
and offshore areas, the FERC will focus on analysis of onshore issues. 
The MMS will have primary responsibility for offshore analysis and will 
coordinate with the Army Corps of Engineers regarding state waters 
review. 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. The application and other supplemental filings in this 
docket are available for viewing on the FERC Internet website 
(www.ferc.fed.us). Clock on the ``RIMS'' link, select ``Docket #'' from 
the RIMS Menu, and follow the instructions.
---------------------------------------------------------------------------

    \1\ Buccaneer's application was filed with the Commission on 
October 28, 1999, under section 7 of the Natural Gas Act and Part 
157 of the Commission's regulations.
---------------------------------------------------------------------------

    Similarly, the ``CIPS'' link on the FERC Internet website provides 
access to the texts of formal documents issued by the Commission, such 
as orders, notices, and rulemakings. From the FERC Internet website, 
click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and 
follow the instructions. General information about the MMS and detailed 
information regarding the Gulf of Mexico can be accessed at the MMS 
Internet website (www.mms.gov).
    If you are a landowner receiving this notice, you may be contacted 
by a

[[Page 69249]]

pipeline company representative about the acquisition of an easement to 
construct, operate, and maintain the proposed facilities. The pipeline 
company would seek to negotiate a mutually acceptable agreement. 
However, if the project is approved by the Commission, that approval 
conveys with it the right of eminent domain. Therefore, if easement 
negotiations fail to produce an agreement, the pipeline company could 
initiate condemnation proceedings in accordance with state law. A fact 
sheet addressing a number of typically asked questions, including the 
use of eminent domain, is attached to this notice as appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available on the 
Commission's website at the ``RIMS'' link or from the Commission's 
Public Reference and files Maintenance Branch, 888 First Street, 
NE., Washington, DC 20426, or call (202) 208-1371. For instructions 
on connecting to RIMS refer to the last page of this notice. Copies 
of the appendices were sent to all those receiving this notice in 
the mail.
---------------------------------------------------------------------------

    The FERC is the lead agency for the EIS. The MMS is a Federal 
cooperating agency for this project because the MMS has jurisdiction by 
law as well as special expertise regarding the potential environmental 
impacts associated with that portion of the proposed pipeline that 
would be installed on the Outer Continental Shelf.
    Additionally, with this notice we are asking a number of Federal 
and State agencies (see appendix 2) with jurisdiction and/or special 
expertise with respect to environmental issues to cooperate with us in 
the preparation of the EIS. These agencies may choose to participate 
once they have evaluated the proposal relative to their agencies' 
responsibilities.
    The FERC is concurrently issuing a Notice of Intent to prepare an 
EIS for the Gulfstream Project, Docket No. CP00-6-000. Both the 
Buccaneer and Gulfstream Projects share a similar point of origin, 
cross the Gulf of Mexico, and reach landfall near Tampa, Florida. 
Furthermore, the two projects could potentially serve some of the same 
markets in Central Florida, particularly in Polk County. For these 
reasons we are asking your help on how to evaluate these projects. We 
are also soliciting comments on the preparation of a single EIS on both 
projects, or a separate EIS on each project. We will hold joint scoping 
meetings at locations where we believe there is a reasonable amount of 
overlap of the potentially affected parties. Maps showing the proposed 
Buccaneer Project are in appendix 3 and maps showing the location of 
both projects are included in appendix 4.

Summary of the Proposed Project

    Buccaneer proposes to construct and operate a new natural gas 
pipeline system with a transportation capacity of approximately .9 
billion cubic feet per day from the Mobile Bay area in Alabama to 
markets in Florida. The State of Florida is experiencing a substantial 
increase in demand for electric power that is tied to the growth of 
population in the state. Specifically, Buccaneer seeks authority to 
construct and operate the following:
     About 411.2 miles of 36-inch-diameter pipeline from Mobile 
County, Alabama, across the Gulf of Mexico to a point in Pasco County, 
Florida.
     About 121.5 miles of 36-inch-diameter pipeline in Pasco, 
Polk, Osceola, and Orange Counties, Florida;
     About 141.5 miles of 16- to 30-inch-diameter laterals in 
Pasco, Polk, Hardee, Lake, Osceola, Orange, and Brevard Counties, 
Florida;
     14 M&R stations in Mobile County, Alabama and Pasco, Polk, 
Hardee, Lake, Osceola, Orange, and Brevard Counties, Florida; and
     A new 75,000 hp compressor station in Mobile County, 
Alabama and a new Liquids Separation Facility in Pasco County, Florida.
    The proposed facilities are summarized in tables 1, 2, and 3 below. 
The general location of the project facilities is shown in appendix 3. 
If you are interested in obtaining detailed maps of a specific portion 
of the project send in your request using the form in appendix 6.

Land Requirements for Construction

    Construction of onshore pipeline facilities for the Buccaneer Gas 
Pipeline Project would affect a total of about 3,851 acres of land 
including 3,610 acres required for pipeline construction and extra 
workspace, 46 acres for construction of the aboveground facilities, and 
195 acres for contractor, mobilization, and pipe storage yards. Over 70 
construction access road locations have been identified. Total land 
requirements for the onshore permanent right-of-way would be about 
1,628 acres. The remaining 2,223 acres of onshore land affected by 
construction would be restored and returned to its former use.
    Approximately 184 miles (70 percent) of the proposed onshore 
pipelines in Florida would be installed within or adjacent to various 
existing utility rights-of-way. Buccaneer would typically use a 110-
foot-wide construction right-of-way width for the 36-inch- and 30-inch-
diameter pipelines. In general, the construction right-of-way width for 
the 24-inch to 16-inch-diameter lateral pipelines would be from 100 to 
75 feet in width. Additional extra temporary work areas may be 
necessary for waterbody, highway and railroad crossings, additional 
topsoil storage, and pipe storage and equipment yards.
    Following construction and restoration of the right-of-way and 
temporary work spaces, Buccaneer would generally retain a new 50-foot-
wide permanent easement. The remaining portion of the construction 
right-of-way would be temporary and returned to landowners for their 
use without restrictions after appropriate reclamation efforts are 
successful.
    Constructing the offshore portion of the Buccaneer Gas Pipeline 
Project would affect about 1,825 acres of sea floor. Land requirements 
for operation of the offshore permanent right-of-way would be about 
9,866 acres (based on MMS-required 200-feet-wide operation right-of-way 
width which is greater than the proposed construction right-of-way 
width).

                  Table 1.--Proposed Mainline Pipelines for the Buccaneer Gas Pipeline Project
----------------------------------------------------------------------------------------------------------------
                                                        Segment
   Facility/County or marine area    Mileposts begin-    length    Diameter (inches)         County, State
                                            end         (miles)
----------------------------------------------------------------------------------------------------------------
Alabama Mainline:
    Mobile County..................  0.00-4.14              4.14  36''                Mobile County.
    Offshore.......................  4.14-16.66            12.52  36''                State Waters.
                                                      -----------
        Subtotal...................                        16.66                      Alabama.
Gulf of Mexico Mainline:

[[Page 69250]]

 
    Mobile.........................  16.66-50.91           34.25  36''                Gulf of Mexico.
    Pensacola......................  50.91-105.01          54.10  36''                Gulf of Mexico.
    Destin Dome....................  105.01-187.13         82.12  36''                Gulf of Mexico.
    Apalachicola...................  187.13-214.79         27.66  36''                Gulf of Mexico.
    Florida Middle Ground..........  214.79-331.63        116.84  36''                Gulf of Mexico.
    Tarpon Springs.................  331.63-393.43         61.80  36''                Gulf of Mexico.
                                                      -----------
        Subtotal...................                       376.77                      Gulf of Mexico.
Florida Mainline:
    Offshore.......................  393.43-411.12         17.69  36''                State Waters.
    Pasco County...................  411.12-411.21          0.09  36''                Pasco County.
    Pasco County...................  0.000-46.24           46.24  36''                Pasco County.
    Polk County....................  0.00-38.95            38.95  36''                Polk County.
    Osceola County.................  0.00-15.59            15.59  36''                Osceola County.
    Orange County..................  0.00-20.68            20.68  36''                Orange County.
                                                      -----------
        Subtotal...................                       139.24                      Florida.
                                                      ===========
            Total Mainline           ................     532.67  ..................  ..........................
----------------------------------------------------------------------------------------------------------------


                   Table 2.--Proposed Lateral Pipelines for the Buccaneer Gas Pipeline Project
----------------------------------------------------------------------------------------------------------------
                                      Mileposts      Length
             Lateral                  begin-end     (miles)   Diameter (inches)           County, State
----------------------------------------------------------------------------------------------------------------
Anclote..........................  0.00-0.10            0.10  16''               Pasco County, FL.
Lakeland Interconnect............  0.00-0.26            0.26  16''               Polk County, FL.
Tiger Bay........................  0.00-37.99          37.99  30''               Polk County, FL.
Hines............................  0.00-2.85            2.85  20''               Polk County, FL.
Polk.............................  0.00-1.52            1.52  20''               Polk County, FL.
Payne Creek......................  0.00-14.04          14.04  20''               Polk County, FL.
                                   14.04-14.88          0.84  20''               Hardee County, FL.
Leesburg.........................  0.00-9.52            9.52  24''               Polk County, FL.
                                   9.52-46.60          37.08  24''               Lake County, FL.
Intercession City................  0.00-0.28            0.28  16''               Osceola County, FL.
Cane Island......................  0.00-0.13            0.13  16''               Osceola County, FL.
Stanton..........................  0.00-0.78            0.78  16''               Orange County, FL.
Oleander.........................  0.00-19.21          19.21  30''               Orange County, FL.
                                   19.21-25.21          6.00  30''               Brevard County, FL.
                                   25.21-34.68          9.47  24''               Brevard County, FL.
Indian River.....................  0.00-0.29            0.29  18''               Brevard County, FL.
Cape Canaveral...................  0.00-1.11            1.11  18''               Brevard County, FL.
----------------------------------------------------------------------------------------------------------------
    Total Laterals...............                     141.47
----------------------------------------------------------------------------------------------------------------


                     Table 3.--Aboveground Facilities for the Buccaneer Gas Pipeline Project
----------------------------------------------------------------------------------------------------------------
                                                                           Maximum
              Facility                  Mainline/lateral      Milepost     volume           County, State
                                                                          MMcf/day
----------------------------------------------------------------------------------------------------------------
                                                                                               Alabama
Compressor Station 1...............  Alabama Mainline......        0.00         900  Mobile County
Buccaneer Meter Station............  Alabama Mainline......        0.00         900  Mobile County
                                                                                               Florida
Liquids Separation Facility........  Pasco County Mainline.        0.00         900  Pasco County
Anclote M&R........................  Anclote Lateral.......        0.10         100  Pasco County
Lakeland Interconnect M&R..........  Lakeland Interconnect         0.26         100  Polk County
                                      Lateral.
Tiger Bay M&R......................  Tiger Bay Lateral.....       37.44         120  Polk County
Hines M&R..........................  Hines Lateral.........        2.85         120  Polk County

[[Page 69251]]

 
Polk M&R...........................  Polk Lateral..........        1.52         120  Polk County
Payne Creek M&R....................  Payne Creek Lateral...       14.88         120  Hardee County
Leesburg M&R.......................  Leesburg Lateral......       46.60         170  Lake County
Intercession City M&R..............  Intercession City             0.28          60  Osceola County
                                      Lateral.
Cane Islane M&R....................  Cane Island Lateral...        0.13         100  Osceola County
Stanton M&R........................  Stanton Lateral.......        0.78          80  Orange County
Oleander M&R.......................  Oleander Lateral......       34.68         220  Brevard County
Indian River M&R...................  Indian River Lateral..        0.29         100  Brevard County
Cape Canaveral M&R.................  Cape Canaveral Lateral        1.11         100  Brevard County
----------------------------------------------------------------------------------------------------------------
MMcf/day = Million cubic feet per day.
M&R = meter and regulating station.

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 under these general 
headings:

 Geology, mineral resources, and soils
 Water resources, fisheries, and wetlands
 Coastal and marine resources
 Vegetation and wildlife
 Endangered and threatened species
 Land ownership and use
 Recreation and public interest areas
 Visual resources and aesthetics
 Cultural resources
 Air quality and noise
 Hazardous waste
 Socioeconomics
 Pipeline safety
 Alternatives

    Our independent analysis of the issues will be in the Draft EIS 
which will be mailed to Federal, state, and local agencies, public 
interest groups, affected landowners and other interested individuals, 
newspapers, libraries, and the Commission's official service list for 
this proceeding. 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 and will 
be used by the Commission in its decision-making process to determine 
whether to approve the project.
    To ensure that your comments are considered, please carefully 
follow the instructions in the public participation section beginning 
on page 9.

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. FERC and MMS have 
already identified a number of issues that we think deserve attention 
based on a preliminary review of the proposed facilities and the 
environmental information provided by Buccaneer. Some of these issues 
are listed below. This is a preliminary list of issues and will be 
changed based on your comments and our analysis. Currently identified 
environmental issues for the Buccaneer Gas Pipeline Project include:

--Effect of construction on 136 perennial waterbody crossings, 
including about 39 waterbodies 100 feet wide or greater;
--Crossing six waterbodies classified as Outstanding Florida Waters;
--Erosion control and potential for sediment transport to waterbodies 
and wetlands;
--Effect of construction on aquifers at or near the land surface;
--Effect of construction on 448 wetland crossings, including about 129 
acres of permanent alteration of wetlands;
--Clearing of about 825 acres of forest;
--Effect on wildlife, fisheries, and rare plant habitats, both onshore 
and offshore;
--Potential to affect 58 federally endangered and threatened species 
and 116 state-protected species including the bald eagle, Florida scrub 
jay, red-cockaded woodpecker, Atlantic gulf sturgeon, and West Indian 
manatee;
--Effect on marine resources, including subsurface geology, live bottom 
habitat, seagrass beds, and essential fish habitat;
--Potential to affect commercial and recreational boating operations;
--Potential to affect military marine training operations;
--Potential for sinkhole formation and flooding;
--Construction through or along the edge of active or inactive surface 
mines;
--Effect on historic and prehistoric archaeological sites and historic 
structures;
--Impact on about 206 residences potentially within 50 feet of the 
construction right-of-way;
--Potential impact on 11 planned residential areas and 19 Developments 
of Regional Impact;
--Potential introduction and control of non-native species;
--Effect on speciality crops such as citrus groves;
--Effect on public lands and special use areas including the Pinellas 
County Aquatic Preserve, Green Swamp, Starkey Wilderness Park, 
Tasohatchee State Preserve, and Brevard Coastal Scrub Ecosystem;
--Effect on bird rookeries;
--Visual effect of above ground facilities on surrounding areas;
--Effect on local air quality and noise environment as a result of 
compressor station operations; and
--Combined effect of the proposed project with other projects, 
including other natural gas pipelines, which

[[Page 69252]]

have been or may be proposed in the same region and similar time 
frames.

Public Participation and Scoping Meetings

    You can make a difference by providing us with our specific 
comments or concerns about the project. By becoming a commenter, your 
concerns will be addressed in the EIS and considered by the Commission. 
You should focus on the potential environmental effects of the 
proposal, alternatives to the proposal (including alternative routes), 
and measures to avoid or lessen environmental impact. The more specific 
your comments, the more useful they will be. Please carefully follow 
these instructions to ensure that your comments are received in time 
and properly recorded:
     Send two copies of your comments to: David P. Boergers, 
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. CP00-14-000.
     Mail your comments so that they will be received in 
Washington, DC on or before January 21, 2000.
    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meetings the FERC will conduct in the 
project area. The locations and times for these meetings are listed 
below.

   Schedule of Public Scoping Meetings for the Buccaneer Gas Pipeline
                 Project Environmental Impact Statement
------------------------------------------------------------------------
          Date and Time                  Location             Phone
------------------------------------------------------------------------
January 4, 2000; 7:00 p.m........  Mobile Convention        334-208-2128
                                    Center, 1 South
                                    Water Street,
                                    Mobile,.
                                   Alabama \3\.........
January 5, 2000; 7:00 p.m........  Clarion Hotel, 5316      727-847-9005
                                    U.S. Highway 19,
                                    New Port Richey,.
                                   Florida.............
January 11, 2000; 7:00 p.m.......  Florida Dept. of         863-291-5820
                                    Agriculture and
                                    Consumer Services,
                                    The Florida Room,
                                    500 3rd Street, NW,
                                    Winter Haven,
                                    Florida \3\.
January 12, 2000; 7:00 p.m.......  Holiday Inn, 2145 E.     407-846-4646
                                    Irlo Bronson
                                    Memorial Hwy,
                                    Kissimmee, Florida.
January 13, 2000; 7:00 p.m.......  City of Titusville       321-383-5774
                                    Council Chambers,
                                    55 South Washington
                                    Avenue, Titusville,
                                    Florida.
------------------------------------------------------------------------

    The public meetings are designed to provide you with more detailed 
information and another opportunity to offer your comments on the 
proposed project. Prior to the start of the meetings, company 
representatives will be available to informally discuss the project. At 
7:00 p.m. each company will provide a summary discussion of the project 
(about 10 minutes each). Then the comment period will begin. Interested 
groups and individuals are encouraged to attend the meetings and to 
present comments on the environmental issues they believe should be 
addressed in the Draft EIS. A transcript of each meeting will be made 
so that your comments will be accurately recorded.
---------------------------------------------------------------------------

    \3\ Scoping meetings at Mobile, Alabama and Winter Haven Florida 
would involve joint meetings for the Buccaneer and Gulfstream 
Projects.
---------------------------------------------------------------------------

    On the dates of the meetings, our staff will also be visiting some 
project areas. Anyone interested in participating in a site visit may 
contact the Commission's Office of External Affairs identified at the 
end of appendix 1 of this notice for more details and must provide 
their own transportation.

Becoming an Intervenor

    In addition to involvement in the EIS scoping process, you may want 
to become an official party to the proceeding known as an 
``intervenor.'' Intervenors play a more formal role in the process. 
Among other things, intervenors have the right to receive copies of 
case-related Commission documents and filings by other intervenors. 
Likewise, each intervenor must provide 14 copies of its filings to the 
Secretary of the Commission and must send a copy of its filings to all 
other parties on the Commission's service list for this proceeding. 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 5). Only intervenors have the 
right to seek rehearing of the Commission's decision.
    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 environmental comments considered.

Environmental Mailing List

    This notice is being sent to individuals, organizations, and 
government entities interested in and/or potentially affected by the 
proposed project. It is also being sent to all identified potential 
right-of-way grantors. As details of the project become established, 
representatives of Buccaneer Gas Pipeline Project may also separately 
contact landowners, communities, and public agencies concerning project 
matters, including acquisition of permits and rights-of-way.
    All commenters will be retained on our mailing list. If you do not 
want to send comments at this time but still want to keep informed and 
receive copies of the Draft and Final EISs, you must return the 
Information Request (appendix 6). If you do not send comments or return 
the Information Request, you will be taken off the mailing list.
    Additional information about the proposed project is available from 
Mr. Paul McKee of the Commission's Office of external Affairs at (202) 
208-1088 or on the FERC website (www.ferc.fed.us) using the ``RIMS'' 
link to information in this docket number. For assistance with access 
to RIMS, the RIMS helpline can be reached at (202) 208-2222.
    Similarly, the ``CIPS'' link on the FERC Internet website provides 
access to the texts of formal documents issued by the Commission, such 
as orders, notices, and rulemakings. From the FERC Internet website, 
click on the ``CIPS'' link, select ``Docket #'' from the CIPS menu, and 
follow the instructions. For assistance with access to CIPS, the

[[Page 69253]]

CIPS helpline can be reached at (202) 208-2474.
David P. Boergers,
Secretary.
[FR Doc. 99-32007 Filed 12-9-99; 8:45 am]
BILLING CODE 6717-01-M