[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Notices]
[Pages 6256-6258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3203]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-37-000]


Williston Basin Interstate Pipeline Company; Notice of Intent To 
Prepare an Environmental Impact Statement for the Proposed Grasslands 
Project, Request for Comments on Environmental Issues, and Notice of 
Public Scoping Meetings and Site Visit

February 5, 2002.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the Grasslands Project 
involving construction, operation, and abandonment of facilities by 
Williston Basin Interstate Pipeline Company (WBI).\1\ WBI proposes to 
construct new pipeline and appurtenant facilities in Wyoming, Montana, 
and North Dakota to transport 120,000 thousand cubic feet per day (Mcf/
d) of natural gas from the Powder River Basin to its storage facilities 
in Montana and to the Northern Border Pipeline Company's system in 
North Dakota. 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.
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    \1\ WBI's application was filed with the Commission under 
Sections 7(b) and (c) of the Natural Gas Act.
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    The FERC will be the lead Federal agency for the preparation of the 
EIS. The Miles City Field Office of the U.S. Department of the 
Interior's Bureau of Land Management (BLM), the Medora Ranger District 
of the U.S. Department of Agriculture's Forest Service (FS), and the 
Montana Department of Environmental Quality (MTDEQ) will be cooperating 
with us in the preparation of the EIS. Meetings with the MTDEQ, BLM, 
and FS were held January 14, 15, and 16, 2002, respectively, to discuss 
procedural and potential environmental issues for this project.\2\ 
Other Federal, state, and tribal agencies with jurisdiction and/or 
special expertise with respect to environmental issues may also request 
cooperating agency status.
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    \2\ Summaries of these meetings have been placed in the public 
file in this docket.
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    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 WBI 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 Commission's proceedings. It is 
available for viewing on the FERC Internet website (www.ferc.gov).
    This notice is being sent to landowners of property crossed by and 
adjacent to WBI's proposed route; tenants and lessees on affected 
public land; Federal, state, and local agencies; elected officials; 
Indian tribes that might attach religious and cultural significance to 
historic properties in the area of potential effects; environmental and 
public interest groups; and local libraries and newspapers. 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.

Summary of the Proposed Project

    The proposed facilities consist of about 248 miles of pipeline and 
12,540 horsepower (hp) of compression. WBI also is seeking to abandon 
certain other pipeline facilities in Wyoming and Montana. Specifically, 
WBI seeks authority to:
     Construct approximately 219 miles of new 16-inch-diameter 
pipeline from near Belle Creek, Montana, to the proposed Manning 
Compressor Station in Dunn County, North Dakota;
     Construct approximately 28 miles of 16-inch-diameter 
pipeline loop \3\ adjacent to its existing Bitter Creek supply lateral 
pipeline in Wyoming;
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    \3\ A loop is a segment of pipeline that is usually installed 
adgacent 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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     Increase the maximum allowable operating pressure operate 
on approximately 40 miles of its existing 8-inch-diameter Recluse-Belle 
Creek supply lateral pipeline in Wyoming and Montana from 1,203 pounds 
per square inch gauge (psig), to 1,440 psig and abandon in place 
segments of existing pipe at nine road crossings and replace them with 
heavier walled pipe;
     Construct 4,180 hp of gas fired compression (comprised of 
two 2,090 hp compressors) at each of three new compressor stations 
located in Campbell County, Wyoming (East Fork Compressor Station); 
Fallon County, Montana (Cabin Creek South Compressor Station); and Dunn 
County, North Dakota (Manning Compressor Station);
     Construct 0.9 mile of 12-inch-diameter pipeline from the 
proposed Cabin Creek South Compressor Station to the existing Cabin 
Creek Compressor Station in Fallon County, Montana;
     Construct 1.0 mile of 16-inch-diameter pipeline from the 
proposed Manning Compressor Station to interconnect with Northern 
Border's Compressor Station 5 in Dunn County, North Dakota; and
     Construct various additional facilities, including 14 
mainline valves, 4 cathodic protection units, 10 pig launchers/
receivers, 7 metering stations, and 5 regulators.
    In addition to the proposed facilities, WBI indicates that it may 
build an amine treatment facility to remove carbon dioxide from 
incoming gas supply before it enters WBI's system. If needed, this 
facility would likely be built within the 10-acre site of the proposed 
East Fork Compressor Station.
    The general location of the project facilities is shown in appendix 
1.\4\
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    \4\ The apprendices 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, 
N.E., 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.
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Land Requirements for Construction

    Construction of WBI's proposed pipeline facilities would require 
about 3,065.2 acres of land including the construction right-of-way, 
extra

[[Page 6257]]

workspaces, and contractor/pipe yards, and access roads. WBI proposes 
to use a 100-foot-wide construction right-of-way. Following 
construction and restoration of the right-of-way and temporary work 
spaces, WBI would retain a 50-foot-wide permanent pipeline right-of-
way. Total land requirements for the permanent right-of-way and one 
permanent access road would be about 1,517.7 acres, some of which would 
overlap existing rights-of-way.
    WBI proposes to acquire 10 acres for each of the three proposed 
compressor stations. At each compressor station, the entire 10 acre 
parcel could be disturbed during construction and would be fenced 
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 
\5\ 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.
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    \5\ ``We'', ``us'' and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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    Our independent analysis of the impacts that could occur as a 
result of the construction and operation of the proposed project will 
be in the Draft EIS. We will also evaluate possible alternatives to the 
proposed project or portions or the project, and make recommendations 
on how to lessen or avoid impacts on the various resources. The Draft 
EIS will be mailed to Federal, state, and local agencies, public 
interest groups, affected landowners and other interested individuals, 
Indian tribes, 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 on the Draft EIS and will be used by the Commission in its 
decision-making process to determine whether to approve the project.
    To ensure your comments are considered, please carefully follow the 
instructions in the public participation section beginning on page 6.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the environmental 
information provided by WBI and discussions with the cooperating 
agencies. This preliminary list of issues may be changed based on your 
comments and our analysis.

 Geology
    --Impact on mineral resources
    --Paleontological concerns
 Cultural Resources
    --Impact on the proposed Custer-Sully Historic Corridor.
 Soils and Vegetation
    --Construction on steep slopes
    --Noxious weeds
    --Seed mixes for restoration
    --Loss of riparian vegetation
 Water Resources and Wetlands
    --Use of directional drilling
    --Ensuring pipe is placed below scour depth
 Wildlife and Fisheries
    --Impact on bighorn sheep habitat
    --Impact on raptor nesting and roosting areas
    --Impact on sage grouse habitat
 Endangered and Threatened Species
    --Impact on Federally-listed species
    --Impact on FS, BLM, and state sensitive species
 Socioeconomic Impacts
 Cumulative Impacts
    --Discussion of regional coal bed methane development
 Public Safety
 Air Quality and Noise
    --Visibility degradation
    --Compressor station emissions
    --Noise from compressor stations
 Alternative Routes and Site Locations
    --Co-location with other pipelines may not be feasible in 
certain areas across Little Missouri National Grasslands
    --Abandonment method for road crossings (in-place vs. removal)
    --Alternate site may be needed for the East Fork Compressor 
Station due to access issues
 Land Use
    --Use of access roads on public land
    --Impact on planned residential or commercial development
    --Ensuring access across the right-of-way for cattle during 
construction

Public Participation and Scoping Meetings

    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 and considered by the Commission. 
You should focus on the potential environmental effects of the 
proposal, alternatives to the proposal (including alternative 
locations/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: Magalie 
R. Salas, 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 OEP--
Gas 1, PJ-11.1.
     Reference Docket No. CP02-37-000.
     Mail your comments so that they will be received in 
Washington, DC on or before March 7, 2002 .
    Please note that we are continuing to experience delays in mail 
deliveries from the U.S. Postal Service. As a result, we will include 
all comments that we receive within a reasonable time frame in our 
environmental analysis of this project. However, the Commission 
encourages electronic filing of any comments or interventions or 
protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at http://www.ferc.gov under 
the ``e-Filing'' link and the link to the User's Guide. Before you can 
file comments you will need to create an account which can be created 
by clicking on ``Login to File'' and then ``New User Account.''
    All commentors 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 EISs, you must return the 
attached Information Request (appendix 3). If you do not send comments 
or return the Information Request, you will be taken off the mailing 
list.
    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 Grasslands Project 
Environmental Impact Statement

February 19, 2000, 7:00 PM, Best Western--Tower West Lodge,109 N. 
U.S. Highway 14/16, Gillette, Wyoming, (307) 686-2210 or 1-800-762-
7375.

[[Page 6258]]

February 20, 2000, 7:00 PM, Fallon County Fairgrounds, Exhibit Hall, 
Baker, Montana, (406) 778-2451.
February 21, 2000, 7:00 PM, Travelodge Hotel, 532 15th St. W., 
Dickinson, North Dakota, (701) 483-5600 or 1-800-422-0949.

    The public meetings are designed to provide you with more detailed 
information and another opportunity to offer your comments on the 
proposed project. WBI 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 Draft EIS. 
A transcript of each meeting will be made so that your comments will be 
accurately recorded.

Site Visit

    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 visit may contact the Commission'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 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 2). \6\ Only intervenors have 
the right to seek rehearing of the Commission's decision.
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    \6\ Interventions may also be filed electronically via the 
Internet in lieu of paper. See the previous discussion on filing 
comments electronically.
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    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 
the Commission's Office of External Affairs at (202) 208-1088 (direct 
line) or you can call the FERC operator at 1-800-847-8885 and ask for 
External Affairs. Information is also available on the FERC website 
(www.ferc.gov) 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.

Magalie R. Salas,
 Secretary.
[FR Doc. 02-3203 Filed 2-8-02; 8:45 am]
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