[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19497-19501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5557]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FERC Docket No. PF06-15-000 and BLM Reference No. 2880/UTU-82750 and 
WYW-67229]


Wyoming Interstate Company, Ltd.; Notice of Intent To Prepare an 
Environmental Assessment And Proposed Land Use Plan Amendment for the 
Proposed Kanda Lateral and Mainline Expansion Project, Request for 
Comments on Environmental Issues, Notice of Public Scoping Meetings, 
and Notice of Site Visit

April 7, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of Wyoming Interstate Company, Ltd's. 
(WIC) planned Kanda Lateral and Mainline Expansion Project located in 
Uintah and Daggett Counties, Utah and Sweetwater County, Wyoming. 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 the Commission staff determine which issues need to be evaluated 
in the EA. Please note that the scoping period for the project will 
close on May 19, 2006.
    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 April 24, 2006 in 
Rock Springs, Wyoming and April 25, 2006 in Vernal, Utah. Further 
instructions on how to submit written 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 
EA. 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 WIC a 
Certificate of Public Convenience and Necessity under section 7 of the 
Natural Gas Act.

[[Page 19498]]

    The U.S. Department of the Interior, Bureau of Land Management 
(BLM) is participating as a cooperating agency in the preparation of 
the EA because the project would cross Federal land under the 
jurisdiction of the Vernal Field Office in Utah and the Rock Springs 
Field Office in Wyoming.
    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 EA to meet its NEPA responsibilities in considering WIC's 
application for a Right-of-Way Grant and obtain a Temporary Use Permit 
for the portion of the project on federal land. The BLM will also use 
the EA to consider amending the Green River Resource Management Plan 
(RMP). Additional discussion of the BLM's plan amendment process is 
presented later in this notice.
    With this notice, the staffs of the FERC and BLM (Agency Staffs) 
are asking other Federal, State, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues/impacts to participate as cooperating agencies in the 
preparation of the EA. These agencies may choose to participate once 
they have evaluated WIC'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 and 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 WIC representative about the acquisition of an easement to 
construct, operate, and maintain the proposed facilities. WIC would 
seek to negotiate a mutually acceptable agreement. If the project is 
approved by the Commission, that approval conveys with it the right of 
eminent domain. Therefore, in the event easement negotiations fail to 
produce an agreement, WIC 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

    The Kanda Lateral \1\ would be comprised of about 124.5 miles of 
20- or 24-inch-diameter pipeline beginning at the new Kerr-McGee 
Interconnect/Meter Station located in Uintah County, Utah. The pipeline 
would extend in a northerly direction through Daggett County, Utah and 
interconnect with WIC's mainline at the proposed Kanda Interconnect/
Meter Station in Sweetwater County, Wyoming. Along the pipeline route, 
WIC would interconnect with two interstate pipelines, at the new 
Northwest Pipeline Interconnect/Meter Station and at the Clay Basin 
Storage Field Interconnect/Meter Station. In addition, WIC would 
construct various block valves and pig \2\ launcher and receiver 
facilities. The Kanda Lateral pipeline facilities would be designed to 
deliver up to 225,000,000 Dth/d (decatherms per day) of gas into WIC's 
mainline. The majority of the pipeline route would parallel an existing 
Questar/Mapco Pipeline corridor. As part of the Mainline Expansion, WIC 
would install two compressor units totaling 12,824 horsepower at the 
existing Colorado Interstate Gas Company's Wamsutter Compressor Station 
located in Sweetwater County, Wyoming. A map depicting WIC's proposed 
facilities is provided in Appendix 1.\3\
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    \1\ A lateral pipeline is a pipeline which branches away from 
the central or primary part of the pipeline system.
    \2\ 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.
    \3\ The appendices referenced in this notice are not eing 
printed in the Federal Register. Copies are available on the 
Commission's Web site (excluding the map) at the ``eLibrary'' link 
or from the Commission's Public Reference Room or call (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.
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    WIC anticipates filing an application with the FERC in August 2006. 
If the Commission authorizes its project, WIC plans to begin 
construction in June 2007 to give it the opportunity to place the 
facilities in service by the fall of 2007.
    The majority (70 percent) of WIC's proposed project would be on BLM 
lands.

Land Requirements

    Construction of WIC's proposed pipeline and aboveground facilities 
would require about 2,219.6 acres of land, including the nominal 
construction right-of-way, temporary extra workspaces, pipe and 
contractor yards, staging areas, access roads, and aboveground 
facilities. Following construction, about 766.5 acres would be retained 
by WIC for operation of the pipeline and aboveground facilities. The 
remaining 1,453.1 acres would be restored and allowed to revert to its 
former use.
    WIC is proposing an 85-foot-wide nominal construction right-of-way 
between milepost (MP) 0.0 and MP 82.4 and a 100-foot-wide nominal 
construction right-of-way between MP 82.4 and MP 124.5; with proposed 
temporary extra workspaces at site-specific locations to accommodate 
for rugged and steep terrain, side sloping, road, wetland, waterbody, 
and foreign pipeline crossings. Also, WIC proposes a 20-foot wide, 
ungraded area adjacent to the construction right-of-way to be used for 
placement of cut brush and limbs that are to be returned to the right-
of-way after the pipe is installed. WIC would retain a 50-foot-wide 
permanent right-of-way for the pipeline.
    The interconnect/meter stations would require about 0.7 acre each 
of land for operation, with additional temporary extra workspaces for 
construction. The Kerr-McGee Station site would house measuring and 
communication facilities, a pig launcher, and block valve. The 
Northwest Station site would house measuring and communication 
facilities. The Clay Basin Station site would house measuring and 
communication facilities, a pig launcher and receiver, and block valve. 
The Kanda Station would house measuring and communication facilities, a 
pig receiver, and block valve.
    The block valves, that are not enclosed within a meter station 
site, would be located within a 45-foot by 75-foot (0.07 acre) fenced 
enclosure within the limits of the permanent right-of-way.
    The two compressor units would be installed within the existing 
Wamsutter Compressor Station fenced property and would not require 
additional land.

The EA 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 BLM 
is required to consider the environmental impacts from a project

[[Page 19499]]

that requires BLM Right-of-Way Grants and/or Temporary Use Permits. The 
EA will give the Agency Staffs the information needed to do that.
    Although no formal application has yet been filed with the FERC, 
the Agency Staffs have begun the environmental review of the project in 
accordance with the FERC's Pre-Filing Process. 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 to 
allow for the early identification and resolution of environmental 
issues/impacts. The Agency Staffs will work with all interested 
stakeholders to identify and attempt to address issues/impacts before 
WIC files its application with the FERC.
    The Agency Staffs have already started to meet with WIC, 
jurisdictional agencies, and other interested stakeholders to discuss 
the project and identify issues/impacts and concerns. On April 4, 5, 
and 6, 2006, the Agency Staffs participated in public open houses 
sponsored by WIC in the project area to explain the environmental 
review process to interested stakeholders and take comments about the 
project. On April 6, 2006, the Agency Staffs conducted an interagency 
scoping meeting in the project area to solicit comments and concerns 
from agencies having jurisdiction over the project. By this notice, the 
Agency Staffs are formally announcing the preparation of the EA and 
requesting agency and public comments to help focus the analysis in the 
EA on the potentially significant environmental issues/impacts related 
to the proposed action.
    The Agency Staffs' independent analysis of the issues/impacts will 
be included in the EA. The EA will also include possible alternatives 
to the proposed project or portions of the project, and we will make 
recommendations on how to lessen or avoid impacts on the various 
resource areas of concern. Depending on the comments received during 
the scoping process, the EA may be published and mailed to federal, 
state, and local government agencies and elected officials; 
environmental and public interest groups; other interested parties; 
affected landowners; Native American tribes; newspapers and local 
libraries; and the Commission's official service list for this 
proceeding. A 30-day comment period will be allotted for review of the 
EA. We will consider all comments submitted on the EA in any Commission 
Order that is issued for the project.

The BLM's Plan Amendment Process

    The BLM will also use the EA to consider amending the Green River 
RMP. Publication of this notice formally initiates the plan amendment 
process and begins the scoping process. There are potential alternative 
routes that cross BLM-administered lands currently excluded to rights-
of-way. The EA will consider reasonable alternatives including those 
that would cross these excluded areas. Therefore, for the proposed 
project, the EA will be used by the BLM to consider amending the 
current Green River RMP (August 1997), which would be necessary for any 
pipeline construction within the excluded areas.
    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 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. Separate decisions will be 
issued for the right-of-way and, if necessary, the plan amendment.
    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).
    Planning criteria guide development of the plan amendment by 
helping define the decision space (or the ``sideboards'') of the 
planning effort; they are based on applicable laws, Director and State 
Director guidance, and the results of public and governmental 
participation (43 CFR 1610.4-2).
    Planning criteria include but are not limited to the following:
     The plan amendment will be completed in compliance with 
the Federal Land Policy and Management Act (FLPMA), NEPA, and all other 
relevant Federal laws, Executive orders, and management policies of the 
BLM.
     Where existing planning decisions are still valid, those 
decisions may remain unchanged and be incorporated into the amendment.
     The plan amendment will recognize valid existing rights.
     Native American Tribal consultations will be conducted in 
accordance with policy and Tribal concerns will be given due 
consideration.
     Maintaining the relevant and important values of the 
Greater Red Creek Area of Critical Environmental Concern (ACEC).
     Wyoming BLM Mitigation Guidelines.
     Standards for Healthy Rangelands.
     Criteria for Areas of Critical Environmental Concern.
     Criteria for interim management of Wilderness Study Areas.
    Criteria for alternative formulation include:
     Intensive management of cultural and historic resources, 
including rock art occurrences, historic trails, and Native American 
respected places.
     Providing for various types and levels of vegetation uses, 
including wildlife habitat, watershed protection, and livestock 
grazing.
     Providing for authorizing rights-of-way, off-highway 
vehicle (OHV) use, and other activities that may result in surface 
disturbance.
     Modification of right-of-way concentration areas, 
exclusion areas, and avoidance areas to provide for development needs 
and protection of resource values.
     Providing varying protection levels for unique and 
nonrenewable geological, cultural, paleontological, and recreational 
values.
     Management options for protecting or enhancing wetlands 
and riparian areas.
     Providing varying protection levels and for enhancement of 
habitat for sensitive or important wildlife and plant species, 
including protection of key elk and deer habitat and Colorado River 
Cutthroat trout habitat.
    Effects criteria to identify and analyze environmental consequences 
include:
     Effects of surface disturbing land uses and other 
disruptive human activities on air quality, visual resources, cultural 
resources, recreational opportunities, watershed, and wildlife 
resources.
     Effects caused by OHV use or restrictions on OHV use.
     Effects of fencing on wildlife movement and migration.
     Effects of all types of land and resource uses on the 
vegetation resource.

[[Page 19500]]

     Economic impacts of land use restrictions on economic 
sectors that are heavily dependent on the use of public lands and 
resources.
    Criteria for selection of a potential plan amendment: Answers to 
the following questions will be used to guide selection of the 
potential amendment.
     Does/Do the alternatives meet guidelines for reduction of 
sedimentation and salinity, as stated in water quality plans of the 
State of Wyoming and the Environmental Protection Agency (EPA), and 
Colorado River Salinity Control Act?
     What levels of land use restrictions are needed to provide 
adequate protection of resource values?
     Do the alternatives retain reasonable accessibility of 
public lands for purposes of public access, public land use, and 
resource development?
     Are the alternatives consistent with plans, programs, and 
policies of other Federal agencies, state and local governments, and 
Indian tribes?
     Are the alternatives consistent with the objectives 
established in the Green River RMP?
     Are relevant and important values of the Greater Red Creek 
ACEC maintained?
     Are sensitive species being protected or their habitat 
enhanced?

Currently Identified Environmental Issues/Impacts

    The EA will discuss impacts that could occur as a result of the 
construction and operation of the proposed project. The Agency Staffs 
have already identified issues/impacts that deserve attention based on 
a preliminary review of the proposed facilities, the environmental 
information provided by WIC, and comments received to date. This 
preliminary list of issues/impacts may be changed based on your 
comments and the additional analysis of the Agency Staffs.
     Geology and Soils:

--Assessment of potential geological hazards.
--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.

     Fish, Wildlife, and Vegetation
--Effect on sensitive fisheries.
--Effect on wildlife resources and their habitat.
--Effect on riparian vegetation.

     Special Status Species:

--Potential effect on federally listed or proposed species.
--Potential effect on state-listed sensitive species.
--BLM sensitive species.

     Cultural Resources:

--Effect on historic and prehistoric sites.
--Native American and tribal concerns.

     Land Use, Recreation and Special Interest Areas, and 
Visual Resources:

--Evaluation of the current right-of-way concentration area through the 
Greater Red Creek ACEC.
--Visual impacts.

Public Participation

    You are encouraged to become involved in this process and provide 
your specific comments or concerns about WIC'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 ``Comment on Filing''. Comments submitted 
electronically must be submitted by May 19, 2006.
    If you wish to mail comments, please mail your comments so that 
they will be received in Washington, DC on or before May 19, 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 
St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas 
Branch 1; DG2E;
     Reference Docket No. PF06-15-000 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/impacts they believe 
should be addressed in the EA. A transcript of the meetings will be 
generated so that your comments will be accurately recorded. Meetings 
will begin at 7 p.m. (m.d.t.), and are scheduled as follows:

------------------------------------------------------------------------
                   Date                               Location
------------------------------------------------------------------------
Monday, April 24, 2006....................  Holiday Inn, 1675 Sunset
                                             Drive, Rock Springs, WY
                                             82901, (307) 382-9200.
Tuesday, April 25, 2006...................  Western Park--Convention
                                             Center, 300 East 200 South,
                                             Vernal, UT 84078, (435) 789-
                                             7396.
------------------------------------------------------------------------

Site Visit

    On April 25 and 26, 2006, the Agency Staffs will conduct a site 
visit of the planned Kanda Lateral and Mainline Expansion Project.
    We will view the proposed route and variations that are being 
considered for the planned pipeline. Agency Staffs will travel during 
this visit by automobile and on foot. Representatives of WIC will 
accompany the Agency Staffs.
    All interested parties may attend the site visit on both days. 
Those planning to attend must provide their own transportation. If you 
are interested in attending the site visits, please meet us at 9 a.m.on 
April 25 in the parking lot of the Holiday Inn, 1675 Sunset Drive, Rock 
Springs, WY for the Wyoming portion of the project, and at 9 a.m.on 
April 26 in the parking lot of the Best Western Antlers, 423 West Main, 
Vernal, UT for the Utah portion of the project.
    For additional information, please contact the Commission's Office 
of External Affairs at 1-866-208-FERC (3372).

Environmental Mailing List

    If you received this notice, you are on the environmental mailing 
list for this project and will continue to receive project updates 
including the EA. If you want your contact information corrected or you 
do not want to remain on our mailing list, please return the Correct or 
Remove From Mailing List Form included as Appendix 2.

[[Page 19501]]

Availability of Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs at 1-866-208 FERC (3372) 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 EA and plan amendment process may be 
obtained from Mark Mackiewicz, PMP, Project Manager, at (435) 636-3616.
    Finally, WIC will be setting up a publicly available Web site for 
its project. The Web site will include a description of the project, 
responses to frequently asked questions, and other appropriate project-
related information. WIC will continually update its Web site with 
information about the project. WIC has designated the following 
individual as the single point of contact for stakeholder communication 
for this project: Mr. David R. Anderson, Manager, Land Department, 
Wyoming Interstate Company, Ltd., Two North Nevada Avenue, Colorado 
Springs, Colorado 80903, Telephone 1-877-598-5263, e-mail: 
[email protected].

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5557 Filed 4-13-06; 8:45 am]
BILLING CODE 6717-01-P