[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Notices]
[Pages 42646-42648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15793]


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DEPARTMENT OF AGRICULTURE

Forest Service


Bridger-Teton National Forest--Big Piney and Jackson Ranger 
Districts, WY; Lower Valley Energy Natural Gas Pipeline

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an Environmental Impact Statement.

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SUMMARY: The Forest Service has received an application for a special 
use permit for the construction and operation of a natural gas pipeline 
from Lower Valley Energy. This pipeline would bring natural gas service 
to the Jackson, Wyoming area from a location near Merna, Wyoming. 
Design of the proposed project, including final route selection, a 
proposed gas processing facility, and access needs along the pipeline 
route for maintenance, will also be considered in the Environmental 
Impact Statement (EIS).

DATES: Comments concerning the proposed action should be received by 
August 31, 2004. Comments on issues that you feel should be evaluated 
as part of this analysis or are essential to this environmental 
analysis process should be submitted by the above date. Please direct 
any project related questions or comments to the following individuals.

ADDRESSES: Send written comments to: Greg Clark, District Ranger, Big 
Piney Ranger District; P.O. Box 218; Big Piney, Wyoming 83113. 
Electronic comments may be sent to [email protected] with the subject line ``Lower Valley Pipeline''.

FOR FURTHER INFORMATION CONTACT: Teresa Trulock, Project Manager, at 
the Big Piney Ranger District at 307-276-3375. The local contact in the 
Jackson area is Dave Cunningham at the Jackson Ranger District, at 307-
739-5423.

SUPPLEMENTARY INFORMATION:

Project Area

    The proposed Lower Valley Energy Natural Gas Pipeline project 
encompasses nearly 50 linear miles from Jackson to the vicinity of 
Merna, in Sublette and Teton Counties, Wyoming. The project area 
includes portions of the Big Piney and Jackson Ranger Districts of the 
Bridger-Teton National Forest. The proposed pipeline would parallel 
existing roadways and utility corridors for a portion of its proposed 
route. The pipeline would cross portions of the following townships: 
Township 36 North, Ranges 112 and 113 West; Township 37 North Ranges 
111, 112, and 113 West; Township 38 North, Ranges 113, 114, and 115 
West; Township 39 North, Ranges 115 and 116 West; and Township 40 
North, Range 116 West; Sixth Principal Meridian.

Purpose and Need for Action

    The current gas supply for Lower Valley Energy's distribution 
system is a liquid natural gas (LNG) facility located adjacent to its 
Jackson, Wyoming office. Tanker trucks currently transport LNG from the 
Shute Creek facility, located south of La Barge, Wyoming, to Lower 
Valley Energy's LNG facility. Delivery of LNG to the Jackson area 
requires that trucks, carrying approximately 10,000 gallons of LNG, 
travel approximately 120 miles (one way) on public highways (U.S. 
highways 287/191/26 and 89/191) on a daily basis. Approximately 665 
round trips by tanker trucks are projected by the year 2010. The 
purpose of the proposed project is to provide a steady supply of 
natural gas to the Jackson area, eliminating the need for 500 to 600 
tanker truck round trips per year along public highways.

Proposed Action

    Lower Valley Energy proposes to construct a natural gas pipeline 
that will provide a steady stream of natural gas to the Jackson area, 
eliminating the need for trucking LNG along public highways. The 
proposed action would

[[Page 42647]]

be located on lands administered by the Forest Service, State of 
Wyoming lands, and private lands. Most of the pipeline route would be 
located on the Bridger-Teton National Forest.
    Pipeline construction is anticipated to begin in mid-year 2006 and 
the pipeline should be fully operational by the beginning of the 2006 
winter season. The pipeline's sole purpose is to deliver processed 
natural gas to the Jackson area. The pipeline is not designed to 
receive natural gas directly from gas wells. Newly discovered gas 
resources along the pipeline route could not and would not be added to 
the proposed pipeline.

Possible Alternatives

    The proposed pipeline route and other potentially feasible route 
segments have been identified by Lower Valley Energy. Possible 
alternatives to the proposed action include the selection of 
combinations of these segments. No alternative route segment to the 
Hoback Canyon corridor along U.S. Highway 89/191 has been found for 
this portion of the proposed pipeline route. The scoping process and 
environmental analysis will evaluate the feasibility of alternatives to 
the proposed action.

Responsible Officials

    Greg Clark, District Ranger; Big Piney Ranger District; P.O. Box 
218; Big Piney, Wyoming 83113; and Nancy Hall, District Ranger; Jackson 
Ranger District; P.O. Box 1689; Jackson, Wyoming 83001.

Nature of Decision To Be Made

    The decision, which is based on this analysis, will be to decide if 
a special use authorization will be issued to Lower Valley Energy to 
construct a natural gas pipeline on National Forest System land between 
Merna and Jackson Wyoming either through the implementation of the 
proposed action or an alternative to the proposed action. The decision 
will include mitigation measures identified as being needed during this 
planning process in addition to any prescribed in the Forest Plan.

Scoping Process

    The Forest Service is seeking information, comments, and assistance 
from individuals, organizations and federal, state, and local agencies 
that may be interested in or affected by the proposed action (36 CFR 
219.6).
    Public comments will be used and disclosed in the environmental 
analysis documented in the Lower Valley Energy Natural Gas Pipeline 
EIS. Public participation will be solicited by notifying in person and/
or by mail known interested and affected parties. A legal notice and 
news releases will be used to give the public general notice. Open 
houses will be held from 4 p.m. to 7 p.m. on Monday, July 19, 2004, at 
the Teton County Library Auditorium in Jackson and from 4 p.m. to 7 
p.m. on Tuesday July 20, 2004, at the Bondurant Elementary School in 
Bondurant. Forest Service and Lower Valley Energy representatives will 
be available to explain the project and answer questions.
    A reasonable range of alternative will be evaluated and reasons 
will be given for eliminating alternatives from detailed study. A ``no-
action alternative'' is required, meaning that no pipeline would be 
constructed, and LNG delivery to Jackson would continue by existing 
methods. Alternatives will provide different pipeline routes in 
response to public issues, management concerns, and resource 
opportunities identified during the scoping process. Scoping comments 
and existing condition reports will also be used to develop 
alternatives. It is possible that no other action alternative, other 
than the proposed action, will be determined to be feasible by the 
environmental analysis.

Preliminary Issues

    The Forest Service has identified the following potential issues. 
No determination has been made as to which issues will be examined in 
detail in the environmental analysis. Your input will help determine 
which of these issues merit detailed analysis and will also help 
identify additional issues related to the proposed action that may not 
be listed here.
     Coordination with the Wyoming Department of Transportation 
(WYDOT) for use of the Hoback Canyon corridor along U.S. Highway 89/
191.
     Coordination with WYDOT for future maintenance of the 
highway and the pipeline.
     Effects of pipeline construction of the Hoback River.
     Effects of pipeline construction on wetlands.
     Rights-of-way across private lands.
     Effects of pipeline construction on individuals, property, 
and highway traffic.
     Public safety.
     Pipeline integrity in active landslide and fault areas.
     Effects on seasonal recreational uses.
     Effects of pipeline construction and operation on wildlife 
habitats
     Concern that newly discovered gas resources would be added 
to the pipeline, which would encourage exploration along the pipeline 
route (Note: This concern has been addressed above in the proposed 
action. Newly discovered gas from wells along the pipeline route will 
not be added to the proposed pipeline, which will carry only processed 
gas).

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    The Draft EIS (DEIS) is expected to be filed with the Environmental 
Protection Agency (EPA) and to be available for public comment in June 
2005. At that time, the EPA will publish a notice of availability for 
the DEIS in the Federal Register. The comment period on the DEIS will 
be 45 days from the date the EPA publishes the notice of availability 
in the Federal Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
the DEIS must structure their participation in the environmental review 
of the proposal so that it is meaningful and alerts an agency to the 
reviewer's position and contentions; Vermont Yankee Nuclear Power Corp. 
v. NRDC. 435 U.S. 519, 553 (1978). Also, environmental objections that 
could be raised at the DEIS stage but are not raised until after 
completion of the Final Environmental Impact Statement (FEIS) may be 
waived or dismissed by the courts; City of Angoon v. Hodel, 803 F. 2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc., v. Harris, 
490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court 
rulings, it is very important that those interested in this proposed 
action participate by the close of the 45 day comment period on the 
DEIS so that substantive comments and objections are made available to 
the Forest Service at a time when it can meaningful consider them and 
respond to them in the Final EIS (FEIS).
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed actions, comments on the DEIS should be as 
specific as possible. It is also helpful if comments refer to specific 
pages or chapters of the draft statement. Comments may also address the 
adequacy of the DEIS or the merits of the alternatives formulated and 
discussed in the statements. Reviewers may wish to refer to the Council 
on Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in 
addressing these points. Comments received, including the names and 
addresses of

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those who comment, will be considered part of the public record on this 
proposal and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: July 6, 2004.
Greg W. Clark.
District Ranger, Big Piney Ranger District, Bridger-Teton National 
Forest.
[FR Doc. 04-15793 Filed 7-15-04; 8:45 am]
BILLING CODE 3410-11-M