[Federal Register Volume 65, Number 158 (Tuesday, August 15, 2000)]
[Notices]
[Pages 49801-49803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20632]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP98-150-002]


Millennium Pipeline Company, L.P.; Notice of Intent To Prepare a 
Supplement to the Draft Environmental Impact Statement for the Proposed 
Millennium Pipeline Project, as Amended; Request for Comments on 
Environmental Issues; and Notice of Public Scoping Meeting and Site 
Visit

August 9, 2000.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare a supplement to the draft environmental impact 
statement (SDEIS) that will discuss the environmental impacts of the 
amended Millennium Pipeline Project involving construction, operation, 
and acquisition of facilities by Millennium Pipeline Company 
(Millennium) in New York.\1\ The route for about 22.7 miles of the 
proposed Millennium Pipeline Project in Westchester County, New York, 
was amended by Millennium on June 28, 2000, in the above-referenced 
docket.
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    \1\ Millennium Pipeline Company, L.P. and Columbia Gas 
Transmission Corporation filed their applications with the 
Commission under Section 7 of the Natural Gas Act and Part 157 of 
the Commission's regulations.
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    The route was amended because the original route which followed the 
Consolidated Edison Company (ConEd) electric transmission corridor was 
not a reasonable route. As a result of this change, the staff is 
preparing a SDEIS which will address the amended portion of the 
Millennium Pipeline Project. The SDEIS will also cover other changes to 
the project, evaluation of additional alternatives, and the results of 
technical analysis which have been completed since the publication of 
the DEIS (April 1999), as described below. By this Notice of Intent 
(NOI), we are seeking scoping comments on the amended portion of the 
route in Westchester County and the supplemental information.
    If you are a landowner receiving this notice, you may be contacted 
by a 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 prepared by the FERC entitled ``An Interstate Natural 
Gas Facility on My Land? What Do I Need To Know?'' was attached to the 
project notice Millennium provided to landowners affected by the 
amended route. 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. It is available for viewing on the 
FERC Internet website (www.ferc.fed.us).

Summary of the Amended Proposed Project

    Millennium has proposed a reroute of the Millennium Pipeline 
Project from original project mileposts (MPs) 391 to 405 and MPs 408 to 
417. The amended route is proposed to minimize construction in ConEd's 
electric transmission right-of-way. These facilities would transport up 
to 350,000 dekatherms per day of gas for shippers to Mount Vernon, New 
York. Millennium seeks authority to construct and operate the following 
amended facilities:
     22.7 miles of 24-inch-diameter pipeline in Westchester 
County, New York; and
     Five mainline valves.
    The location of the project facilities is shown in appendix 1.

Land Requirements for Construction

    Construction of the proposed facilities in the amendment would 
require about 137.7 acres of land along construction rights-of-way that 
vary from 35 to 75 feet wide. This total requirement also includes 
extra work spaces at road, waterbody, and wetland crossings. Following 
construction, about 135.5 acres would be required for a 50-foot-wide 
permanent right-of-way. The total permanent land requirements after 
construction are only slightly less than the land requirements during 
construction, because of the reduced construction right-of-way widths 
of 35 feet that would be used for construction along about 4.2 miles of 
bike/hiking trails, and 50 feet that would be used for work along 
highways.

 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 whatever 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

[[Page 49802]]

call this ``scoping''. The main goal of the scoping process is to focus 
the analysis in the SDEIS on the important environmental issues. By 
this Notice of Intent, the Commission requests public comments on the 
scope of the issues related to the amendment filing which it will 
address in the SDEIS. All comments received are considered. 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 SDEIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project under these general 
headings:
     Geology and soils.
     Water resources, fisheries, and wetlands.
     Vegetation and wildlife.
     Endangered and threatened species.
     Public safety.
     Land use.
     Cultural resources.
     Air quality and noise.
     Hazardous waste.
    We will also evaluate possible alternatives to the amended route or 
portions of the route, and make recommendations on how to lessen or 
avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the SDEIS. The 
SDEIS will be published and mailed to Federal, state, and local 
agencies, public interest groups, interested individuals, affected 
landowners, newspapers, libraries, and the Commission's official 
service list for this proceeding. A comment period will be allotted for 
review of the SDEIS when it is published. We will consider all comments 
we receive before we issue the final environmental impact statement for 
this project and make our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the proposed facilities and 
the environmental information provided by Millennium along the amended 
route. This preliminary list of issues may be changed based on your 
comments and our analysis.
     The amended route would cross 31 waterbodies, of which 27 
are perennial and 4 are intermittent. Three of the waterbodies are 
tidal: a pond, a tributary to the Hudson River, and the Croton River.
     The Croton River is within the Croton River and Bay 
Significant Coastal Fish and Wildlife Habitat as designated under the 
New York State Coastal Management Program and is a part of the 
designated Haverstraw Bay/Lower Hudson River Essential Fish Habitat. It 
would be crossed by a horizontal directional drill beneath the 
riverbed.
     About 6.2 miles of the amended route would be within the 
New York Coastal Zone.
     The project would cross two National Historic Landmarks: 
Van Cortlandt Manor and the Old Croton Aqueduct. It would also cross 
two properties eligible for listing in the National Register of 
Historic Places: the New Croton Aqueduct (three crossing locations) and 
the FDR Veterans' Administration Hospital.
     The project would cross 12 wetlands affecting a total of 
about 3.3 acres of wetlands during construction and about 2.5 acres 
during operation of the proposed facilities.
     Blasting may be required along some portions of the 
proposed amended project route.
     About 22.1 acres of forest would be affected by 
construction of the proposed amended route. After construction, about 
18.4 acres of previously forested land would be permanently maintained 
in herbaceous vegetation to operate the facilities.
     Nine public properties would be crossed by the amended 
route:

Senasqua Town Park (MPs 394.3 to 395.3);
Van Cortlandt Manor (MPs 396.5 to 396.8);
Old Croton Aqueduct State Historic Park (MPs 397.4 [158 feet]);
Briarcliff-Peekskill Trailway land (MPs 397.0 to 401.3, MPs 401.8 to 
404.1, and MPs 406.8 to 406.9);
North County Trail (MPs 401.6 to 401.9 and MPs 404.0 to 404.1); South 
County Trail (MPs 409.1 to 410.1, MPs 410.1 to 411.3, and MPs 411.6 to 
416.5);
West Rumbrook Park (MP 410.1 [53 feet]);
Sprain Ridge County Park (MPs 414.6 to 416.1); and
Sprain Brook Parkway (MPs 416.6 to 416.7).
     Four residences would be within 50 feet of the 
construction right-of-way.
     Thirty businesses would be within 50 feet of the 
construction right-of-way.
     There would be 6 crossings of the ConEd electric 
transmission right-of-way.
     Construction would be along or within about 13.5 miles of 
road and highway rights-of-way and would temporarily affect traffic.
     Construction would temporarily disrupt the use of about 
4.2 miles of bike/hiking trails.

Updated Information that will be Included in the SDEIS

    The SDEIS will also provide updates on some aspects of the 
originally proposed Millennium Pipeline Project including:
     The results of the ice scour study and revised turbidity 
plume modeling for the crossing of Lake Erie (MPs 0.0 to 32.9);
     The modified construction method for crossing the 
Neversink River (MP 341.0);
     The proposed route and construction methods for crossing 
the black dirt area in Orange County, New York (MPs 350.0 to 354.0);
     The modified construction method and revised turbidity 
model for crossing the Hudson River (MP 387.9);
     The modified site-specific plan for crossing the Catskill 
Aqueduct (MP 418.2); and
     Evaluation of route alternatives proposed by various 
commentors since publication of the DEIS including:

Little Valley Variations (MPs 89.5 to 91.9);
Moore Variation (MPs 94.0 to 94.4);
Grimins Variation (MPs 185.0 to 186.0);
Moss Hill Road Variation (MPs 204.3 to 204.4);
Micha Variation (MPs 243.4 to 244.7);
Town Line Road Variation (MPs 243.0 to 244.0);
Bradley Creek Road Variations (MPs 241.1 to 242.6);
Fava Variation (MP 249.4);
Trader Variation (MP 314.4 to 314.5);
Mission Land Variation (MPs 350.4 to 350.5); and
Yonkers Parkway Variation (MPs 418.3 to 420.5).

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the project. By becoming a commentor, your 
concerns will be addressed in the SDEIS and considered by the 
Commission. You should focus on the potential environmental effects of 
the proposed route, alternatives to the proposed route (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:

[[Page 49803]]

     Send two copies of your letter to: David P. Boergers, 
Secretary, Federal Energy Regulatory Commission, 888 First St., NE., 
Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas 
Group 2.
     Reference Docket No. CP98-150-002.
     Mail your comments so that they will be received in 
Washington, DC on or before September 8, 2000.
    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meeting the FERC will conduct in the 
project area. The location and time for this meeting are listed below:

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                 Date and time                           Location
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August 29, 2000, 7 p.m.........................  Croton-on-Hudson
                                                  Municipal Building,
                                                  Van Wyck Street,
                                                  Croton-on-Hudson, New
                                                  York, 914-271-4781.
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    The public meeting is designed to provide you with another 
opportunity to offer your comments on the proposed amendment to the 
Millennium Pipeline Project. Interested groups and individuals are 
encouraged to attend the meeting and to present comments on the 
environmental issues they believe should be addressed in the SDEIS. A 
transcript of the meeting will be made so that your comments will be 
accurately recorded.
    Our staff will also be visiting some project areas on August 30 and 
31, 2000. Anyone interested in participating in the site visit may 
contact the Commission's Office of External Affairs, as identified, 
below, for more details. You must provide your own transportation.
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the Information Request 
(appendix 2). If you do not return the Information Request, you will be 
taken off the mailing list.

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 have 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 3). Only intervenors have the 
right to seek rehearing of the Commission's decision.
    Affected landowners and parties with environmental concerns may be 
granted intervenor status upon showing good cause by stating that they 
have a clear and direct interest in this proceeding which would not be 
adequately represented by any other parties. You do not need intervenor 
status to have your environmental comments considered.
    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. Click on the ``RIMS'' link, 
select ``Docket #'' from the RIMS Menu, and follow the instructions. 
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 CIPS 
helpline can be reached at (202) 208-2474.

David P. Boergers,
Secretary.
[FR Doc. 00-20632 Filed 8-14-00; 8:45 am]
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