[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Notices]
[Pages 7757-7760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2028]



[[Page 7757]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FERC Docket No. PF06-4-000, BLM Reference No. AZA-33350]


Transwestern Pipeline Company, LLC; Notice of Intent To Prepare 
an Environmental Impact Statement and Proposed Land Use Plan Amendment 
for the Proposed Phoenix Expansion Project, Request for Comments on 
Environmental Issues, and Notice of Public Scoping Meetings

February 6, 2006.
    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 Transwestern Pipeline 
Company, LLC's (Transwestern) proposed Phoenix Expansion Project. This 
notice explains the scoping process that will be used to gather input 
from the public and interested agencies on the project. Your input will 
help determine which issues need to be evaluated in the EIS. Please 
note that the scoping period for the project will close on March 8, 
2006.
    Comments may be submitted in written form or verbally. In lieu of 
or in addition to sending written comments, you are invited to attend 
the public scoping meetings that have been scheduled in the project 
area. These meetings are scheduled for February 27, 2006 in Black 
Canyon City, Arizona; February 28, 2006 in Casa Grande, Arizona; March 
1, 2006 in Prescott Valley, Arizona; and March 2, 2006 in Avondale, 
Arizona. Further instructions on how to submit comments and additional 
details of the public scoping meetings are provided in the public 
participation section of this notice.
    The FERC will be the lead Federal agency for the preparation of the 
EIS. The document will satisfy the requirements of the National 
Environmental Policy Act (NEPA) and will be used by the FERC to 
consider the environmental impacts that could result if it issues 
Transwestern a Certificate of Public Convenience and Necessity under 
section 7 of the Natural Gas Act.
    The Bureau of Land Management (BLM) is participating as a 
cooperating agency in the preparation of the EIS because the project 
would cross Federal land under the jurisdiction of the Farmington Field 
Office in New Mexico and the Hassayampa and Lower Sonoran Field Offices 
within the Phoenix District Office in Arizona. The U.S. Department of 
Agriculture, Forest Service (FS) is participating as a cooperating 
agency in the preparation of the EIS because the project would cross 
the Kaibab and Prescott National Forests. The U.S. Army Corps of 
Engineers (COE) is also participating as a cooperating agency in the 
preparation of the EIS to satisfy its NEPA responsibilities under 
section 404 of the Clean Water Act.
    Under section 185(f) of the Mineral Leasing Act of 1920, the BLM 
has the authority to issue Right-of-Way Grants for all affected Federal 
lands. This would be in accordance with Title 43 Code of Federal 
Regulations (CFR) parts 2800 and 2880, subsequent 2800 and 2880 
Manuals, and Handbook 2801-1. As a cooperating agency, the BLM would 
adopt the EIS per Title 40 CFR 1506.3 to meet its responsibilities 
under NEPA in considering Transwestern's application for a Right-of-Way 
Grant and Temporary Use Permit for the portion of the project on 
Federal land, including the Kaibab and Prescott National Forests. The 
concurrence or non-concurrence of the FS would be considered in the 
BLM's decision as well as impacts on resources and programs and the 
proposed project's conformance with land use plans.
    The BLM is currently in the process of preparing a new resource 
management plan (Agua Fria National Monument and Bradshaw-Harquahala 
Resource Management Plan and Environmental Impact Statement) for the 
Phoenix District Office that would modify the currently designated 
utility corridor. It is not expected, however, that the plan would be 
finalized before the environmental review process for the Phoenix 
Expansion Project is completed. Therefore, for the proposed project, 
the EIS will be used by the BLM to consider amending the current 
Phoenix Resource Management Plan (approved September 29, 1989), which 
would be necessary for any pipeline construction outside of a 
designated utility corridor. Additional discussion of the BLM's plan 
amendment process is presented later in this notice.
    With this notice, the staffs of the FERC, BLM, FS, and COE (Agency 
Staffs) 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. These agencies may choose to participate once they have evaluated 
Transwestern's proposal relative to their responsibilities. Agencies 
that would like to request cooperating status should follow the 
instructions for filing comments described later in this notice.
    This notice is being sent to affected landowners; Federal, state, 
and local government agencies; elected officials; environmental and 
public interest groups; Native American tribes; other interested 
parties; and local libraries and newspapers. The Agency Staffs 
encourage government representatives to notify their constituents of 
this planned project and encourage them to comment on their areas of 
concern.
    If you are a landowner receiving this notice, you may be contacted 
by a Transwestern 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 
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural 
Gas Facility on My Land? What Do I Need To Know?'' is available for 
viewing on the FERC Internet Web site (http://www.ferc.gov). 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.

Summary of the Proposed Project

    Transwestern has announced its intention to expand its existing 
system by constructing new pipeline facilities in San Juan and McKinley 
Counties, New Mexico, and Yavapai, Coconino, Maricopa, and Pinal 
Counties, Arizona. The project would involve the construction of the 
Phoenix Lateral consisting of approximately 260 miles of 36-inch-
diameter lateral \1\ pipeline and ancillary facilities from the 
existing mainline in Yavapai County, Arizona to delivery points in the 
Phoenix, Arizona area. For the majority of the route, the pipeline 
would be collocated with utility and transportation corridors. 
Transwestern would also construct approximately 25 miles of 36-inch-
diameter pipeline in two loops \2\ along its existing San Juan Lateral: 
Loop A is an approximately 16-mile-long loop in McKinley County, New 
Mexico; Loop B is an approximately 9-mile-long loop in

[[Page 7758]]

San Juan County, New Mexico. Nearly 100 percent of the proposed loop 
pipeline route would parallel Transwestern's existing pipeline system. 
Figures of the proposed facilities are provided in Appendix 1.\3\
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    \1\ A lateral pipeline typically takes gas from the main system 
to deliver it to a customer, local distribution system, or another 
interstate transmission system.
    \2\ A loop is a segment of pipeline that is usually adjacent to 
an existing pipeline and connected to it at both ends. The loop 
allows more gas to be moved through the system.
    \3\ The appendices referenced in this notice are not being 
printed in Federal Register. Copies (including maps) are available 
on the Commission's Internet Web site (http://www.ferc.gov) at the 
``eLibrary'' link or from the Commission's Public Reference Room at 
(202) 502-8371. For instructions on connecting to eLibrary, refer to 
the end of this notice. Copies of the appendices were sent to all 
those receiving this notice in the mail. Requests for detailed maps 
of the proposed facilities should be made directly to Transwestern 
by calling its Phoenix Right-of-Way toll-free at 1-888-998-1764 or 
(602) 298-1764.
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    The proposed project would also include construction of three 
customer laterals, ranging in length from 0.1 mile to 1.5 miles, to 
deliver natural gas from the Phoenix Lateral to side taps and meter 
stations associated with major delivery points. One customer lateral 
would be located in Maricopa County, Arizona (24-inch-diameter 
pipeline) and two customer laterals would be located in Pinal County, 
Arizona (16-inch-diameter pipelines). In addition, Transwestern would 
add compression at its existing Compressor Station 4 near Klagetoh, 
Arizona; construct a new aboveground facility at the intersection of 
its existing mainline and the Phoenix Lateral, approximately 1 mile 
southeast of Ash Fork, Arizona (Ashfork Facility); and construct 
various mainline valves and pig \4\ launcher and receiver facilities in 
New Mexico and Arizona.
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    \4\ A pig is an internal tool that can be used to clean and dry 
a pipeline and/or to inspect it for damage or corrosion.
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    Transwestern proposes to begin construction of the expansion 
project in July 2007, with a projected in-service date of April 2008.

Land Requirements

    Construction of Transwestern's proposed pipeline and aboveground 
facilities would require about 5,680 acres of land, including land 
requirements for the nominal construction right-of-way, temporary extra 
work areas, access roads, pipe and contractor yards, and aboveground 
facilities. Following construction, about 1,680 acres would be retained 
as permanent right-of-way for the pipeline and operation of the 
aboveground facility sites. The remaining 4,000 acres would be restored 
and allowed to revert to its former use.

Phoenix Lateral

    The 36-inch-diameter Phoenix Lateral would generally be installed 
adjacent to and within existing utility and transportation corridors 
within a 100-foot-wide construction right-of-way. At certain locations 
(e.g., road, railroad, and waterbody crossings), extra workspaces would 
be required. Transwestern would retain a 50-foot-wide permanent right-
of-way for the pipeline.

San Juan Lateral Loops

    The 36-inch-diameter San Juan Lateral Loops would generally be 
installed parallel to and 25 feet from Transwestern's existing pipeline 
within a 100-foot-wide construction right-of-way. In most areas 
Transwestern would require 25 feet of new permanent right-of-way. The 
construction right-of-way would consist of all or part of the new and 
existing permanent right-of-way plus 50 feet of temporary workspace. In 
some areas the loops would be separated from the existing pipeline due 
to the presence of foreign pipelines or other obstacles.

Customer Laterals

    The 24-inch- and 16-inch-diameter customer laterals would generally 
be installed within a 100-foot-wide construction right-of-way. 
Transwestern would retain a 50-foot-wide permanent right-of-way for the 
laterals.

Aboveground Facilities

    The activities at Compressor Station 4 would occur within the 
existing fenced property. Transwestern's mainline valves and pig 
launcher and receiver facilities would generally be constructed within 
the permanent pipeline right-of-way and would not require additional 
permanent right-of-way. The Ashfork Facility would be located within an 
approximate 2-acre parcel.

The EIS 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 EIS 
will give the Agency Staffs the information needed to do that.
    Although no formal application has been filed, the Agency Staffs 
have already initiated a NEPA review under the FERC's Pre-Filing 
Process, which was established in Docket No. RM05-31-000 and Order No. 
665. The purpose of the Pre-Filing Process is to seek public and agency 
input early in the project planning phase and encourage involvement by 
interested stakeholders in a manner that allows for the early 
identification and resolution of environmental issues. The BLM, the FS, 
and the COE have agreed to conduct their reviews in conjunction with 
the FERC's Pre-Filing Process. The Agency Staffs will work with all 
interested stakeholders to identify and attempt to address issues 
before Transwestern files its application with the FERC. A diagram 
depicting the environmental review process for the proposed project is 
attached to this notice as Appendix 2.
    As part of the Pre-Filing Process review, FERC staff 
representatives participated in public open houses sponsored by 
Transwestern in the project area on January 9-12, 2006 and January 25, 
2006 to explain the environmental review process to interested 
stakeholders and take comments about the project. In February and March 
2006, the Agency Staffs plan to continue their Pre-Filing Process 
review by conducting interagency scoping meetings in the project area 
to solicit comments and concerns about the project from other 
jurisdictional agencies.
    By this notice, the Agency Staffs are formally announcing their 
preparation of the EIS and requesting agency and public comments to 
help focus the analysis in the EIS on the potentially significant 
environmental issues related to the proposed action. If you provide 
comments at an interagency scoping meeting, you do not need to resubmit 
the same comments in response to this notice.
    The Agency Staffs' independent analysis of the issues will be 
included in a draft EIS. The draft EIS will be mailed to Federal, 
state, and local government agencies; elected officials; environmental 
and public interest groups; Native American tribes; affected 
landowners; other interested parties; local libraries and newspapers; 
and the FERC's official service list for this proceeding. It is 
currently expected that a 90-day comment period will be allotted for 
review of the draft EIS to comply with the BLM's plan amendment process 
regulations. If, however, the Agua Fria National Monument and Bradshaw-
Harquahala Resource Management Plan and Environmental Impact Statement 
referred to above has been finalized by the time the draft EIS is 
issued, a 45-day comment period will be allotted. The Agency Staffs 
will consider all timely comments on the draft EIS and revise the 
document, as necessary, before issuing a final EIS.

The BLM's Plan Amendment Process

    As discussed above, the BLM will use the EIS to consider amending 
the Phoenix Resource Management Plan. Publication of this notice 
formally initiates the plan amendment process and begins the scoping 
process.

[[Page 7759]]

    The BLM regulations in Title 43 CFR part 1600 and the NEPA process 
detailed in the Council on Environmental Quality regulations in Title 
40 CFR parts 1500-1508 guide preparation of plan amendments. The 
process is tailored to the anticipated level of public interest and 
potential for significant impacts.
    Plan amendments (see Title 43 CFR part 1610.5-5) change one or more 
of the terms, conditions, or decisions of an approved land use plan. 
These decisions may include those relating to desired outcomes; 
measures to achieve desired outcomes, including resource restrictions; 
or land tenure decisions. Plan amendments are required to consider any 
proposal or action that does not conform to the plan.
    An applicant may request that the BLM amend the land use plan to 
allow an otherwise non-conforming proposal. The amendment and any 
implementation actions (i.e., granting the Right-of-Way and Temporary 
Use Permit) may be considered together. However, at the decision stage, 
the land use plan decisions must be separated from the implementation 
decisions.
    Additional information regarding the plan amendment process can be 
found in the BLM's Land Use Planning Handbook (http://www.blm.gov/nhp/200/wo210/landuse_hb.pdf).

Currently Identified Environmental Issues

    The EIS will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. The Agency Staffs 
have already identified a number of issues and alternatives that they 
think deserve attention based on a preliminary review of the proposed 
facilities, the environmental information provided by Transwestern, and 
the scoping comments received to date. This preliminary list of issues 
and alternatives may be changed based on your comments and the Agency 
Staffs' additional analysis.
     Geology and Soils:
--Assessment of potential geological hazards.
--Effect on prime farmland soils.
--Desert construction and erosion control.
--Right-of-way restoration and revegetation in an arid environment.
--Evaluation of noxious weed control.
--Need for a rock disposal plan.
--Construction in steep terrain, including blasting.
     Water Resources:
--Impact of dry crossings of irrigation canals and drains.
--Impact of open-cut crossings of dry washes.
--Impact on wetland hydrology and assessment of wetland mitigation 
options.
--Effect of pipeline crossings on perennial and intermittent 
waterbodies.
--Assessment of alternative waterbody crossing methods.
--Assessment of hydrostatic test water sources and discharge locations.
--Effects on the wild and scenic river characteristics of the Verde 
River.
     Fish, Wildlife, and Vegetation:
--Effect on coldwater and sensitive fisheries.
--Effect on wildlife resources and their habitat.
--Effect on migratory birds.
--Assessment of construction time window restrictions.
--Effect on riparian vegetation.
--Assessment of measures to successfully revegetate the right-of-way.
     Special Status Species:
--Potential effect on federally listed or proposed species.
--Potential effect on state-listed sensitive species.
     Cultural Resources:
--Effect on historic and prehistoric sites, including the high 
concentration of cultural resources along the Black Canyon portion of 
the project.
--Native American and tribal concerns, including impacts on traditional 
cultural properties.
     Land Use, Recreation and Special Interest Areas, and 
Visual Resources:
--Impacts on the Agua Fria and Sonoran Desert National Monuments.
--Impacts on agricultural land and residences.
--Future residential growth.
--Amendment to the Phoenix Resource Management Plan.
--Impacts associated with contaminated sites.
--Visual impacts.
--Off-highway vehicle impacts on public lands.
     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.
     Reliability and Safety:
--Assessment of hazards associated with natural gas pipelines.
     Alternatives:
--Assessment of existing systems and alternative routes to reduce or 
avoid environmental impacts.
--Deviations from a designated utility corridor.
     Cumulative Impact:
--Cumulative impact of multiple utilities.
--Assessment of the effect of the proposed project when combined with 
other past, present, or future actions in the same region.

Public Participation

    You are encouraged to become involved in this process and provide 
your specific comments or concerns about Transwestern's proposal. Your 
comments should focus on the potential environmental effects, 
reasonable alternatives, and measures to avoid or lessen environmental 
impacts. The more specific your comments, the more useful they will be. 
To expedite the Agency Staffs' receipt and consideration of your 
comments, electronic submission of comments is strongly encouraged. See 
Title 18 CFR 385.2001(a)(1)(iii) and the instructions on the FERC 
Internet Web site (http://www.ferc.gov) under the eFiling link and the 
link to the User's Guide. Before you can submit comments you will need 
to create a free account by clicking on ``Sign-up'' under ``New User.'' 
You will be asked to select the type of submission you are making. This 
type of submission is considered a ``Comment on Filing.'' Comments 
submitted electronically must be submitted by March 8, 2006.
    If you wish to mail comments, please mail your comments so that 
they will be received in Washington, DC on or before March 8, 2006 and 
carefully follow these instructions:
    Send an original and two copies of your letter to:
     Magalie R. Salas, Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426;
     Label one copy of your comments for the attention of Gas 
2, DG2E; and
     Reference Docket No. PF06-4-000 on the original and both 
copies.
    The public scoping meetings are designed to provide another 
opportunity to offer comments on the proposed project. 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. A transcript of the meetings will be generated so 
that your comments will be accurately recorded. All meetings will begin 
at 7 p.m. (MST), and are scheduled as follows:

[[Page 7760]]



------------------------------------------------------------------------
                  Date                               Location
------------------------------------------------------------------------
Monday, February 27, 2006..............  Albins Civic Center, Black
                                          Canyon Community Association,
                                          19055 East K-Mine Road, Black
                                          Canyon City, AZ 85324, (623)
                                          374-5553.
Tuesday, February 28, 2006.............  Holiday Inn-Copper/Cotton Room,
                                          777 North Pinal Avenue, Casa
                                          Grande, AZ 85222, (520) 426-
                                          3500.
Wednesday, March 1, 2006...............  Central Arizona Seniors
                                          Association, 9360 East
                                          Manzanita Circle, Prescott
                                          Valley, AZ 86314, (928) 772-
                                          3337.
Thursday, March 2, 2006................  Estrella Mountain Community
                                          College, North Community Room,
                                          3000 North Dysart Road,
                                          Avondale, AZ 85323, (623) 935-
                                          8493.
------------------------------------------------------------------------

Environmental Mailing List

    Everyone who responds to this notice or provides comments 
throughout the EIS process will be retained on the 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 Mailing List Retention Form (Appendix 3). If you do not send 
comments or return the Mailing List Retention Form asking to remain on 
the mailing list, you will be taken off the mailing list.

Availability of Additional Information

    Additional information about the Project is available from the 
FERC's Office of External Affairs at 1-866-208-FERC or on the FERC 
Internet Web site (http://www.ferc.gov) using the eLibrary link. Click 
on the eLibrary link, click on ``General Search,'' and enter the docket 
number excluding the last three digits in the Docket Number field. Be 
sure you have selected an appropriate date range. For assistance, 
please contact FERC Online Support at [email protected] or 
toll free at 1-866-208-3676, or for TTY, contact (202) 502-8659. The 
eLibrary link on the FERC Internet Web site also provides access to the 
texts of formal documents issued by the Commission, such as orders, 
notices, and rule makings.
    In addition, the FERC now offers a free service called 
eSubscription that allows you to keep track of all formal issuances and 
submittals in specific dockets. This can reduce the amount of time you 
spend researching proceedings by automatically providing you with 
notification of these filings, document summaries, and direct links to 
the documents. To register for this service, go to the eSubscription 
link on the FERC Internet Web site.
    Information concerning the proposed land use plan amendment and the 
involvement of the BLM in the EIS and plan amendment process may be 
obtained from Mark Mackiewicz, PMP, Project Manager, at (435) 636-3616.
    Information concerning the involvement of the FS in the EIS may be 
obtained from Chip Ernst at (928) 635-8317 or Tom Mutz at (928) 635-
5661 (Kaibab National Forest) or from Vicki Clay at (928) 443-8013 or 
Ken Simeral at (928) 443-8010 (Prescott National Forest).
    Finally, Transwestern has established an Internet Web site for its 
project at http://www.crosscountryenergy.com/about/tw.shtml. The Web 
site includes a description of the project, Transwestern's answers to 
frequently asked questions, and links to related documents. 
Transwestern will continue to update its Web site with information 
about the project. You can also request additional information by 
calling Transwestern directly at its Phoenix Right-of-Way Office toll-
free at 1-888-998-1764 or (602) 298-1764.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2028 Filed 2-13-06; 8:45 am]
BILLING CODE 6717-01-P