[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Notices]
[Pages 44617-44620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21379]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FERC Docket No. CP01-422-000, CA State Clearinghouse No. 2001071035, 
BLM Reference No. CA-17918]


Kern River Gas Transmission Company; Notice of Intent/Preparation 
To Prepare a Joint Environmental Impact Statement/Report for the 
Proposed Kern River 2003 Expansion Project; Request for Comments on 
Environmental Issues and Notice of Public Scoping Meetings and Site 
Visit

August 20, 2001.
    The staffs of the Federal Energy Regulatory Commission (FERC or 
Commission) and the California State Lands Commission (CSLC) will 
jointly prepare an environmental impact statement/report (EIS/EIR) that 
will discuss the environmental impacts of Kern River Gas Transmission 
Company's (KRGT) proposed Kern River 2003 Expansion Project in Wyoming, 
Utah, Nevada, and California.\1\ The proposed facilities would consist 
of 634.3 miles of 36-inch-diameter pipeline, 82.4 miles of 42-inch-
diameter pipeline, 0.8 mile of 12-inch-diameter pipeline, and 163,700 
horsepower (hp) of additional compression. The FERC will use the EIS/
EIR in its decision-making process to determine whether the project is 
in the public convenience and necessity. The CSLC will use the document 
to consider KRGT's application for leasing the State's School Lands for 
the pipeline.
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    \1\ KRGT's application in Docket No. CP01-422-000 was filed with 
the FERC under Sections 7(b) and 7(c) of the Natural Gas Act and 
Part 157 of the FERC's regulations.
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    The FERC will be the lead Federal agency in the preparation of the 
EIS/EIR while the CSLC will be the State Lead Agency for California. 
The joint document, which will avoid much duplication of environmental 
analyses, will satisfy the requirements of both the National 
Environmental Policy Act (NEPA) and the California Environmental 
Quality Act (CEQA).
    The proposed project would cross about 322.1 miles of Bureau of 
Land Management (BLM) land and 19.4 miles of the Dixie National Forest, 
which is under the jurisdiction of the Forest Service (FS). KRGT has 
filed a right-of-way application with the BLM and a special use permit 
application with the FS for the crossings of these Federal lands. As 
part of considering KRGT's applications, the BLM and the FS, Dixie 
National Forest have agreed to meet their NEPA responsibilities by 
participating as cooperating agencies in the preparation of the EIS/
EIR.
    This notice is being sent to landowners along KRGT's existing 
mainline and its proposed and alternative routes; Federal, state, and 
local government agencies; elected officials; environmental and public 
interest groups; Indian tribes that might attach religious and cultural 
significance to historic properties in the area of potential effect; 
local libraries and newspapers; other interested parties; and the 
FERC's official service list. Government representatives are encouraged 
to notify their constituents of this proposed action and encourage them 
to comment on their areas of concern. Additionally, with this notice we 
\2\ are asking other Federal, state, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues to cooperate with us in the preparation of the EIS/EIR. These 
agencies may choose to participate once they have evaluated KRGT's 
proposal relative to their responsibilities. Agencies who would like to 
request cooperating status should follow the instructions for filing 
comments described later in this notice.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the staffs of the 
FERC's Office of Energy Projects and the CSLC.
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    If you are a landowner receiving this notice, you may be contacted 
by a KRGT 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 FERC, 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 applicable state 
laws in Wyoming, Utah, Nevada, and California.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility on My Land? What Do I Need To Know?'' should have been 
attached to the project notice KRGT provided to landowners. This fact 
sheet addresses a number of typically asked questions, including the 
use of eminent domain and how to participate in the FERC's proceedings. 
It is available for viewing on the FERC Internet website (http://www.ferc.gov).

Summary of the Proposed Project

    KRGT proposes to build new natural gas pipeline and compression 
facilities to transport approximately 886 million cubic feet per day of 
natural gas from the Central Rocky Mountain region to

[[Page 44618]]

customers in Nevada and California. The natural gas would primarily 
supply existing and new power generation markets. KRGT's proposed 
action consists of the construction and operation of:
     634.3 miles of 36-inch-diameter pipeline in 11 loops \3\ 
adjacent to KRGT's existing Opal Lateral and existing mainline in 
Wyoming (Lincoln and Uinta Counties), Utah (Summit, Morgan, Salt Lake, 
Utah, Juab, Millard, Beaver, Iron, and Washington Counties), Nevada 
(Lincoln and Clark Counties), and California (San Bernardino County);
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    \3\ A loop is a segment of pipeline that is usually installed 
adjacent to an existing pipeline and connected to it at both ends. 
The loop allows more gas to be moved through the system.
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     82.4 miles of 42-inch-diameter pipeline in one loop 
adjacent to the portion of KRGT's existing mainline that it jointly 
owns with Mojave Pipeline Company in California (San Bernardino and 
Kern Counties);
     0.8 mile of 12-inch-diameter pipeline in Uinta County, 
Wyoming;
     Three new compressor stations, one each in Wyoming (Uinta 
County), Utah (Salt Lake County), and Nevada (Clark County) for a total 
of 60,000 hp of additional compression;
     Modifications to six existing compressor stations, one in 
Wyoming (Lincoln County), three in Utah (Utah, Millard, and Washington 
Counties), one in Nevada (Clark County), and one in California (San 
Bernardino County) for a total of 103,700 hp of additional compression;
     Modifications to one existing meter station in Wyoming 
(Lincoln County) and four existing meter stations in California (two 
each in San Bernardino and Kern Counties); and
     Various mainline block valves, pig \4\ launcher/receiver 
facilities, and other appurtenances.
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    \4\ A pig is an internal tool used to inspect a pipeline for 
potential leaks or damage.
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    A general overview map of the major project facilities is shown on 
figure 1 in appendix 1.\5\ Maps of each loop and associated facilities 
are provided on figure 2 sheets 1 through 9 in appendix 1. More 
detailed maps and copies of KRGT's FERC application are available for 
review at the centrally located public libraries listed in appendix 2.
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    \5\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies are available on the FERC's 
website (http://www.ferc.gov) at the ``RIMS'' link or from the 
Commission's Public Reference and Files Maintenance Branch, 888 
First Street, NE., Room 2A, Washington, DC 20426, or call (202) 208-
1371. For instructions on connecting to RIMS, refer to page 12 of 
this notice. Copies of the appendices were sent to all those 
receiving this notice in the mail.
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    As shown on the figures in appendix 1, there are two segments of 
the existing mainline between Opal, Wyoming and Mojave, California that 
would not be looped by this project. These unlooped areas are a 28.1-
mile-long segment in Davis County, Salt Lake City, Utah and a 26.1-
mile-long segment in Clark County, Las Vegas, Nevada. No construction 
is proposed in these areas; however, the operating pressure of the 
existing KRGT mainline would be higher due to the increased throughput 
of natural gas associated with the proposed project.
    The Kern River 2003 Expansion Project is scheduled to be in service 
in May 2003. KRGT is requesting approval to begin construction in June 
2002. The approximate duration of construction would be 11 months.

Land Requirements for Construction

    Construction of KRGT's proposed pipeline facilities would require 
about 10,211 acres of land including the construction right-of-way, 
temporary extra workspaces, and contractor/pipe yards. The nominal 
construction right-of-way for the pipeline would be 75 feet wide for 
36-inch-diameter pipe and 80 feet wide for 42-inch-diameter pipe. 
Additional right-of-way width and temporary extra workspace would be 
required at certain feature crossings and areas requiring topsoil 
segregation and special construction techniques.
    The pipeline loops would be generally installed at the edge of the 
existing permanent right-of-way using a standard 25-foot offset from 
the existing KRGT mainline. At certain locations (e.g., highway and 
waterbody crossings), a greater offset would be needed. In some areas, 
the proposed pipeline would deviate from the existing mainline right-
of-way due to topographic or resource/land use constraints.
    KRGT retains a 50-foot-wide permanent right-of-way for its existing 
mainline. Following construction of the proposed loops, KRGT would 
retain an additional 25-foot-wide new permanent right-of-way where the 
proposed pipeline is parallel to the existing pipeline. Where the 
proposed pipeline deviates from the existing mainline right-of-way, 
KRGT would retain a 50-foot-wide new permanent right-of-way. Total land 
requirements for the new permanent right-of-way would be approximately 
2,435 acres.
    KRGT proposes to acquire a total of about 81 acres of land for 
construction and operation of the new compressor stations. The 
modifications to the existing compressor and meter stations would be 
constructed within the existing facility sites, except for a 4-acre 
extra workspace that would be temporarily needed for one compressor 
station modification.
    Mainline block valves would be installed within the permanent 
right-of-way at the beginning of each loop and at intermediate 
locations as necessary. The proposed mainline valves would be 
collocated with existing mainline valves and other aboveground 
facilities except in two locations. Pig launchers and receivers would 
be installed at the beginning and end points of each loop within other 
aboveground facility sites except in five locations. At each of these 
five locations, approximately 0.8 acre of land would be required for 
operation.

The EIS/EIR Process

    NEPA requires the FERC 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. The 
CSLC, as State Lead Agency for California, is required to consider the 
same potential impacts within the State of California under CEQA. The 
EIS/EIR we are preparing will give both the FERC and the CSLC the 
information we need to do that.
    NEPA and CEQA also require 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/EIR on 
the important environmental issues and reasonable alternatives. All 
scoping comments received will be considered during the preparation of 
the EIS/EIR.
    We began the scoping process for the Kern River 2003 Expansion 
Project on June 25-29, 2001. During that week, we met with agency 
representatives along the proposed pipeline route to discuss the 
project and allow them the opportunity to express issues and concerns 
that should be addressed in the EIS/EIR. After the agency scoping 
meetings, we provided a scoping summary document to the meeting 
participants.
    On July 6, 2001, the CSLC issued a Notice of Preparation of a Draft 
EIR and Notice of Public Scoping Meeting (NOP). Issuance of the NOP 
opened a 30-day comment period for the CSLC to receive written comments 
on the scope and content of the environmental information and analysis 
that should be included in the EIR. The NOP announced a public scoping 
meeting in Barstow, California on August 2, 2001 that would also be 
used as the FERC's scoping meeting for the California portion of the 
proposed project. The

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comment period on the CSLC's NOP closed on August 6, 2001.
    By this notice, we are requesting additional agency and public 
comments on the scope of the issues to be analyzed and presented in the 
EIS/EIR. If you provided comments on the agency scoping summary 
document discussed above or in response to the CSLC's NOP, you do not 
need to resubmit your comments.
    Our independent analysis of the issues will be included in the 
Draft EIS/EIR. The Draft EIS/EIR will be mailed to Federal, state, and 
local government agencies; elected officials; environmental and public 
interest groups; Indian tribes; affected landowners; local libraries 
and newspapers; other interested parties; and the FERC's official 
service list for this proceeding. We will consider all comments on the 
Draft EIS/EIR and revise the document, as necessary, before issuing a 
Final EIS/EIR. The Final EIS/EIR will include our response to all 
comments received.

Currently Identified Environmental Issues

    The EIS/EIR 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 and alternatives that we think deserve 
attention based on a preliminary review of the proposed facilities, the 
environmental information provided by KRGT, and the scoping comments 
received to date. This preliminary list of issues and alternatives may 
be changed based on your comments and our additional analysis.

 Geology and Soils
    --Assessment of potential geological hazards.
    --Impact on mineral resources.
    --Impacts resulting from blasting.
    --Erosion and sedimentation control.
    --Right-of-way restoration.
 Water Resources
    --Impact on groundwater and surface water supplies.
    --Impact on wetland hydrology.
    --Effect of pipeline crossings on perennial and intermittent 
streams, canals, and washes.
    --Assessment of special measures for the crossings of the Bear and 
Weber Rivers, and Yellow, Oak, Mogatsu, and Moody Creeks.
    --Assessment of hydrostatic test water sources and discharge 
locations.
 Fish, Wildlife, and Vegetation
    --Effect on coldwater and sensitive fisheries.
    --Effect on wildlife resources and their habitat.
    --Effect on big game crucial winter ranges and migration corridors.
    --Effect on migratory birds.
    --Assessment of construction time window restrictions.
    --Effect on agave, cacti, yucca (including Joshua trees), and 
mesquite.
    --Control of noxious weeds within the right-of-way.
    --Assessment of measures to successfully revegetate the right-of-
way.
 Endangered and Threatened Species
    --Potential effect on nine federally listed or proposed species 
(including the desert tortoise) and one Federal candidate species (blue 
diamond cholla).
    --Assessment of mitigation for impacts on the desert tortoise and 
its designated habitat.
    --Potential effect on state-listed, BLM-designated, and FS-
designated sensitive species (including sage grouse and raptors).
 Cultural Resources
    --Assessment of survey methodologies.
    --Effect on historic and prehistoric sites.
    --Native American and tribal concerns.
 Paleontological Resources
    --Effect on paleontological resources.
 Land Use, Recreation and Special Interest Areas, and Visual 
Resources
    --Impacts on about 626.8 miles of rangeland.
    --Permanent conversion of about 84.7 acres of land from rangeland 
to industrial use.
    --Impact on 15 residences within 50 feet of the construction work 
area.
    --Effect on about 391.4 miles of public land.
    --Impact on special use areas, including the Dixie National Forest, 
Moapa River Indian Reservation, Red Rock Canyon National Conservation 
Area, Humboldt-Toiyabe National Forest/Spring Mountain National 
Recreation Area, and military bases.
    --Evaluation of the project's consistency with regional and local 
land use management plans.
    --Assessment of potential increased off-highway vehicle use in 
prohibited or environmentally sensitive areas.
    --Visual impacts.
 Socioeconomics
    --Effects on transportation and traffic.
    --Effects of construction workforce demands on public services and 
temporary housing.
 Air Quality and Noise
    --Effects on local air quality and noise environment from 
construction and operation of the proposed facilities.
    --Evaluation of potential effect on Prevention of Significant 
Deterioration Class I areas.
 Reliability and Safety
    --Assessment of hazards associated with natural gas pipelines.
 Alternatives
    --Assessment of the use of existing systems to reduce or avoid 
environmental impacts.
    --Assessment of the potential to add compression to eliminate or 
minimize pipeline construction.
    --Evaluation of route alternatives at Cumberland Gap, Pinnacle 
Pass, the Mojave National Preserve, and Edwards Air Force Base.
    --Identification of measures to lessen or avoid impacts on the 
various resource and special interest areas.
 Cumulative Impact
    --Assessment of the effect of the proposed project when combined 
with other past, present, or future actions in the same region.

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 EIS/EIR and considered by the FERC, 
the CSLC, the BLM, and the FS. You should focus on the potential 
environmental effects of the proposal, alternatives to the proposal 
(including alternative locations and 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 an original and two copies of your letter to: David 
P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First 
St., NE., Room 1A, Washington, DC 20426;
     Reference Docket No. CP01-422-000;
     Label one copy of your comments for the attention of the 
Gas Group 1;
     Mail your comments so that they will be received in 
Washington, DC on or before September 24, 2001.
    Comments may also be filed electronically via the Internet in lieu 
of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the 
FERC's website under the ``e-Filing'' link.
     Send an additional copy of your letter to the following 
individual: Cy Oggins, California State Lands

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Commission, 100 Howe Ave., Suite 100 South, Sacramento, CA 95825.
    Everyone who responds to this notice, responded to the CSLC's NOP, 
or provides comments throughout the EIS/EIR process will be retained on 
our mailing list. If you do not want to send comments at this time but 
still want to stay informed and receive copies of the Draft and Final 
EIS/EIR, you must return the Information Request (appendix 4). If you 
do not send comments or return the Information Request or the CSLC's 
form asking to remain on the mailing list, you will be taken off the 
mailing list.

Public Scoping Meetings and Site Visit

    In addition to or in lieu of sending written comments, we invite 
you to attend the public scoping meetings that the FERC, the CSLC, and 
the BLM will conduct in the project area. All meetings will begin at 7 
pm, and are scheduled as follows:

------------------------------------------------------------------------
                  Date                               Location
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Monday, September 17, 2001.............  Best Western Inn, 1601 Harrison
                                          Drive, Evanston, Wyoming,
                                          (307) 789-3770
Tuesday, September 18, 2001............  Crystal Inn, 2254 City Center
                                          Court, West Valley City, Utah,
                                          (801) 736-2000
Wednesday, September 19, 2001..........  Best Western Paradise Inn, 1025
                                          North Main Street, Fillmore,
                                          Utah, (435) 743-6895
Thursday, September 20, 2001...........  Best Western Abbey Inn, 1129
                                          South Bluff Street, Saint
                                          George, Utah, (435) 652-1234
Friday, September 21, 2001.............  Clark County Government Center,
                                          ETD Room 3, 500 South Grand
                                          Central Parkway, Las Vegas,
                                          Nevada, (702) 455-3121
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    The public scoping meetings are designed to provide you with more 
detailed information and another opportunity to offer your comments on 
the proposed project. KRGT representatives will be present at the 
scoping meetings to describe their proposal. 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 EIS/EIR. A transcript of each meeting will be made so that your 
comments will be accurately recorded.
    On the dates of the meetings, we will also be conducting limited 
site visits to the project area. Anyone interested in participating in 
the site visits may contact the FERC's Office of External Affairs 
identified at the end of this notice for more details and must provide 
their own transportation.

Becoming an Intervenor

    In addition to involvement in the EIS/EIR 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 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 that would not be 
adequately represented by any other parties. You do not need intervenor 
status to have your environmental comments considered.

Availability of Additional Information

    Additional information about the proposed project is available from 
Cy Oggins at the CSLC at (916) 574-1884, or on the CSLC website at 
http://www.slc.ca.gov, or from the FERC's Office of External Affairs at 
(202) 208-1088, or on the FERC website at 
http://www.ferc.gov using the ``RIMS'' link, select ``Docket#'' and 
follow the instructions (call (202) 208-2222 for assistance). Access to 
the texts of formal documents issued by the FERC with regard to these 
dockets, such as orders and notices, is also available on the FERC 
website using the ``CIPS'' link. For assistance with access to CIPS, 
the CIPS helpline can be reached at (202) 208-2474.
    Information concerning the involvement of the BLM in the EIS/EIR 
process is available from Jerry Crockford, BLM Project Manager, at 
(505) 599-6333. Information concerning the involvement of the FS in the 
EIS/EIR process is available from David Swank, Environmental Studies 
Coordinator, at (435) 865-3231.

David P. Boergers,
Secretary.
[FR Doc. 01-21379 Filed 8-23-01; 8:45 am]
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