[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24842-24845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12082]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF09-7-000]


Kern River Gas Transmission Company; Notice of Intent To Prepare 
an Environmental Impact Statement for the Apex Expansion Project, 
Request for Comments on Environmental Issues, and Notice of Joint 
Public Scoping Meetings

May 15, 2009.
    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission), the U.S. Department of Interior, Bureau of Land Management

[[Page 24843]]

(BLM), the U.S. Forest Service (FS), and Bureau of Reclamation 
(Reclamation) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts that could result from the 
construction and operation of the Apex Expansion Project. The FERC is 
the lead federal agency for the preparation of the EIS, and the EIS 
will be used by the Commission in its decision making process to 
determine whether the project is in the public convenience and 
necessity. The project would involve Kern River Gas Transmission 
Company's (Kern River) planned construction and operation of a new 
natural gas pipeline in Morgan, Davis, and Salt Lake Counties, Utah.
    This Notice of Intent (NOI) announces the opening of the scoping 
process used to gather input from the public and interested agencies on 
the project. Your input will help the Commission staff and cooperating 
agencies determine which issues need to be evaluated in the EIS. Please 
note that the scoping period will close on June 15, 2009.
    Comments may be submitted in written or verbal form. Further 
details on how to submit written comments are provided in the Public 
Participation section of this notice. In lieu of or in addition to 
sending written comments, we invite you to attend the public scoping 
meetings scheduled as follows.

 
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             Date and time                           Location
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June 9, 2009 7 p.m. local time.........  Bountiful High School
                                          Auditorium, 695 S. Orchard
                                          Dr., Bountiful, UT 84010.
June 10, 2009 7 p.m. local time........  Morgan County Courthouse
                                          Auditorium, 48 West Young
                                          Street, Morgan, UT 84050.
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    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 meeting 
will be generated so that your comments will be accurately recorded.
    This notice is being sent to the Commission's current environmental 
mailing list for this project, which includes: affected landowners; 
federal, state, and local government representatives and agencies; 
elected officials; environmental and public interest groups; Native 
American tribes; other interested parties in this proceeding; and local 
libraries and newspapers. We \1\ encourage state and local government 
representatives to notify their constituents of the planned project and 
encourage them to comment on their areas of concern.
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    \1\ ``We'', ``us'', and ``our'' refer to the environmental staff 
of the Office of Energy Projects (OEP).
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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 planned 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?'' 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 Commission's 
proceedings.

Summary of the Proposed Project

    Kern River has announced its plans to construct and operate 
approximately 29 miles of new 36-inch-diameter natural gas pipeline 
loop \2\ in Morgan, Davis, and Salt Lake Counties, Utah (known as the 
Wasatch Loop). The planned Apex Expansion Project would also include:
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    \2\ 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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     Construction of a new compressor station in Beaver County, 
Utah (Milford Compressor Station);
     Replacement of a compressor unit at the Fillmore 
Compressor Station in Millard County, Utah; and
     Additional compression at the following existing 
compressor stations, totaling 78,000 horsepower:
     Coyote Creek Compressor Station in Uinta County, Wyoming;
     Elberta Compressor Station in Utah County, Utah; and
     Dry Lake Compressor Station in Clark County, Nevada.
    Location maps depicting the planned facilities are attached to this 
NOI as Appendix 1.\3\
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    \3\ The appendices referenced in this notice are not being 
printed in the Federal Register. Copies of all appendices are 
available on the Commission's website at the ``eLibrary'' link or 
from the Commission's Public Reference Room, 888 First Street, NE., 
Washington, DC 20426, or call (202) 502-8371. For instructions on 
connecting to eLibrary 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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    Kern River is also considering an alternative pipeline route which 
would follow the planned route through the FS Ward Canyon utility 
corridor to Bountiful City where it would turn south onto Bountiful 
Boulevard for approximately 6 miles before rejoining the existing Kern 
River pipeline, thereafter following the planned route.

Land Requirements for Construction

    Construction of the Apex Expansion Project would require about 356 
acres of land for the pipeline. Following construction, about 178 acres 
would be used for the operation of the pipeline. The construction and 
operation of the Milford Compressor Station would require 30 acres on 
BLM land, and the upgrades and replacement activities at the existing 
compressor stations would require 20 acres on land already owned/leased 
by Kern River (The Dry Lake Compressor Station is also on land owned by 
the BLM). The area disturbed during construction but not required for 
operation would generally be allowed to revert to pre-construction 
condition.
    The planned Wasatch Loop, some of which crosses land under the 
jurisdiction of the FS in the Uinta-Wasatch-Cache National Forest, 
would be located within and directly adjacent to the existing Kern 
River right-of-way. Kern River plans to align the loop with a typical 
offset of 35 feet from the existing pipeline to the extent practicable. 
The planned modifications to the four existing compressor stations 
would occur within the existing fence line of those facilities.

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

[[Page 24844]]

Necessity. NEPA also requires us to discover and address concerns the 
public may have about proposals. This process is referred to as 
``scoping.'' The main goal of the scoping process is to focus the 
analysis in the EIS on the important environmental issues. By this NOI, 
the Commission staff requests public comments on the scope of the 
issues to address in the EIS. All comments received will be considered 
during the preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of 
the construction and operation of the planned project under these 
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate possible alternatives to the planned project 
or portions of the project, and make recommendations on how to lessen 
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already 
initiated our NEPA review under the Commission's Pre-Filing Process. 
The purpose of the Pre-Filing Process is to encourage early involvement 
of interested stakeholders and to identify and resolve issues before an 
application is filed with the FERC. As part of our Pre-Filing Process 
review, we have begun to contact some federal and state agencies to 
discuss their involvement in the scoping process and the preparation of 
the EIS. In addition, representatives from the FERC participated in 
public open houses sponsored by Kern River in the project area in March 
2009, to explain the environmental review process to interested 
stakeholders.
    The planned Milford Compressor Station and associated access road 
and the Dry Lake Compressor Station would be located on federal lands 
for which the BLM has jurisdiction and/or special expertise with 
respect to environmental issues/impacts. The planned Wasatch Loop would 
cross federal lands under FS jurisdiction in the Uinta-Wasatch-Cache 
National Forest for which the FS would require a plan amendment to the 
2003 Forest Plan. The planned route and the alternative route along 
Bountiful Boulevard would also cross federal lands under Reclamation 
jurisdiction. Kern River would seek a right-of-way grant amendment from 
the BLM for all federal lands crossed by the Project.
    Our 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; affected landowners; 
environmental and public interest groups; Indian tribes and regional 
Native American organizations; commentors; other interested parties; 
local libraries and newspapers; and the FERC's official service list 
for this proceeding. A 45-day comment period will be allotted for 
review of the draft EIS and the proposed plan amendment. We will 
consider all timely comments on the draft EIS and revise the document, 
as necessary, before issuing a final EIS. To ensure that your comments 
are considered, please carefully follow the instructions in the Public 
Participation section of this NOI.
    With this NOI, we are asking any other federal, state, and local 
agencies with jurisdiction and/or special expertise with respect to 
environmental issues to formally cooperate with us in the preparation 
of the EIS. These agencies may choose to participate once they have 
evaluated the proposal relative to their responsibilities. Additional 
agencies that would like to request cooperating agency status should 
follow the instructions for filing comments provided under the Public 
Participation section of this NOI. Currently, the BLM, FS, and 
Reclamation have expressed their intention to participate as 
cooperating agencies in the preparation of the EIS to satisfy their 
NEPA responsibilities for the portion of the Project on Federal lands.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve 
attention based on a preliminary review of the planned facilities, 
comments made to us at Kern River's open houses, preliminary 
consultations with other agencies, and the environmental information 
provided by Kern River. This preliminary list of issues may be changed 
based on your comments and our analysis:
     Disturbance to residents along pipeline construction 
route, including noise and aesthetics;
     Impacts to the viewshed from construction activities and 
placement of aboveground facilities;
     Potential for geological hazards, including seismic 
activity, to have impacts on the pipeline;
     Impacts of the pipeline on cultural resources, including 
paleontological resources and historic trails;
     Impacts of the pipeline on recreation and scenic 
resources; and
     Possible disturbance to residents and impacts to the 
viewshed from construction activities on the alternative route along 
Bountiful Boulevard.

Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the Apex Expansion Project. 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 
ensure that your comments are timely and properly recorded, please send 
in your comments so that they will be received in Washington, DC on or 
before June 15, 2009.
    For your convenience, there are three methods you can use to submit 
your written comments to the Commission. In all instances please 
reference the project docket number PF09-7-000 with your submission. 
The Commission encourages electronic filing of comments and has 
dedicated eFiling expert staff available to assist you at 202-502-8258 
[email protected].
    (1) You may file your comments electronically by using the Quick 
Comment feature, which is located on the Commission's Internet Web site 
at http://www.ferc.gov under the link to Documents and Filings. A Quick 
Comment is an easy method for interested persons to submit text-only 
comments on a project;
    (2) You may file your comments electronically by using the eFiling 
feature, which is located on the Commission's Internet Web site at 
http://www.ferc.gov under the link to Documents and Filings. eFiling 
involves preparing your submission in the same manner as you would if 
filing on paper, and then saving the file on your computer's hard 
drive. You will attach that file as your submission. New eFiling users 
must first create an account by clicking on ``Sign up'' or 
``eRegister.'' You will be asked to select the type of filing you are 
making. A comment on a particular project is considered a ``Comment on 
a Filing;'' or
    (3) You may file your comments via mail to the Commission by 
sending an original and two copies of your letter to: Kimberly D. Bose, 
Secretary, Federal Energy Regulatory Commission, 888 First St., NE., 
Room 1A, Washington, DC 20426.

[[Page 24845]]

    Label one copy of the comments for the attention of Gas Branch 1, 
PJ-11.1.

Becoming an Intervenor

    Once Kern River formally files its application with the Commission, 
you may want to become an ``intervenor,'' which is an official party to 
the proceeding. Intervenors play a more formal role in the process and 
are able to file briefs, appear at hearings, and be heard by the courts 
if they choose to appeal the Commission's final ruling. An intervenor 
formally participates in a Commission proceeding by filing a request to 
intervene. Instructions for becoming an intervenor are included in the 
User's Guide under the ``eFiling'' link on the Commission's Web site. 
Please note that you may not request intervenor status at this time; 
you must wait until the formal application for the Project is filed 
with the Commission.

Environmental Mailing List

    An effort is being made to send this notice to all individuals, 
organizations, and government entities interested in and/or potentially 
affected by the planned project. This includes all landowners who are 
potential right-of-way grantors, whose property may be used temporarily 
for project purposes, or who own homes within certain distances 
(defined in the Commission's regulations) of aboveground facilities.
    If you do not want to send comments at this time but still want to 
remain on our mailing list, please return the Information Request 
(Appendix 2). If you do not return the Information Request, you will be 
taken off the mailing list.

Availability of Additional Information

    Additional information about the project is available from the 
Commission'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 also provides access to the 
texts of formal documents issued by the Commission, such as orders, 
notices, and rulemakings.
    In addition, the Commission now offers a free service called 
eSubscription which 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. Go to http://www.ferc.gov/esubscribenow.htm.
    Public meetings or site visits will be posted on the Commission's 
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx 
along with other related information.
    Finally, to request additional information on the project or to 
provide comments directly to the project sponsor, you can contact Kern 
River directly by calling toll free at 1-888-222-1897. Also, Kern River 
has established an Internet Web site at http://www.kernrivergas.com, 
click on the ``Expansion Projects'' tab. The Web site includes a 
description of the Project, an overview map of the planned facilities, 
and links to related documents. Kern River will update the Web site as 
the environmental review of its project proceeds.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-12082 Filed 5-22-09; 8:45 am]
BILLING CODE 6717-01-P