[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Notices]
[Pages 48236-48237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22836]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Intent To Prepare a Supplemental Environmental Impact Statement 
for a Proposed 278 Megawatt Circulating Fluidized Bed Electric 
Generating Unit and Associated Infrastructure To Be Constructed and 
Operated by East Kentucky Power Cooperative, Inc., in Clark County, KY

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of Intent (NOI).

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SUMMARY: East Kentucky Power Cooperative, Inc. (EKPC) has applied for a 
permit from the U.S. Army Corps of Engineers (Corps) to authorize 
unavoidable impacts to jurisdictional waters of the U.S. pursuant to 
Section 404 of the Clean Water Act (Section 404) and Section 10 of the 
Rivers and Harbors Act (Section 10). EKPC is proposing to construct and 
operate a 278 megawatt circulating fluidized bed electric generating 
unit (CFB) and associated infrastructure at the existing J.K. Smith 
Power Station (the Smith Site) in southern Clark County, Kentucky 
(Proposed Action). In addition to the CFB unit, other components of the 
Proposed Action on the Smith Site include: An approximately one-mile, 
345 kV electric transmission line; two (2) beneficial reuse structural 
fills using coal combustion by-products (CCB); two (2) landfills for 
the on-site disposal of CCB; an emergency drought water storage 
reservoir; several soil borrow areas for landfill cover and other site 
development uses; and a new water intake/outfall structure in the 
Kentucky River.
    The Corps intends to prepare a Supplemental Environmental Impact 
Statement (SEIS) to evaluate the potential effects of the Proposed 
Action on the environment. The SEIS is to be based on a Final EIS and 
Record of Decision prepared by the U.S. Department of Energy in 2002/
2003 for a proposed 540 megawatt coal-fired integrated gasification 
combined cycle (IGCC) electric generating plant at the same location, 
the Smith Site. That project, known as the Kentucky Pioneer IGCC 
Demonstration Project, was never built. USACE has reviewed the EIS 
prepared by DOE and, based on similarities between the two projects, 
has determined to adopt that EIS as the basis for USACE's review of the 
Proposed Action. USACE is preparing this Supplemental EIS (SEIS) to 
evaluate those aspects of the Proposed Action that are not 
substantially similar to the DOE project, as a result of changes in 
project parameters, existing environmental conditions, and relevant 
laws and regulations. Where appropriate, information from the DOE EIS 
will be incorporated in the SEIS.
    A Notice of Intent (NOI) to prepare an SEIS for the Proposed Action 
was originally published in the Federal Register on October 6, 2006, by 
the Rural Utilities Service (RUS), an agency which administers the U.S. 
Department of Agriculture's Rural Development Utilities Programs. 71 FR 
59070 (2006).
    The Corps previously agreed to participate as a cooperating agency 
in the preparation of the SEIS in order to meet its NEPA obligations 
with respect to EKPC's request for a Section 404/Section 10 permit for 
the Proposed Action. As a result of the RUS decision to suspend 
financing for new baseload electric generation plants, RUS has informed 
the Corps that it does not intend to complete the SEIS at this time. 
Thus, the Corps has determined that it will assume the role of lead 
agency in order to complete the SEIS and satisfy its NEPA obligations 
with respect to EKPC's request for a Section 404/Section 10 permit for 
the Proposed Action.

[[Page 48237]]


FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action 
and SEIS should be addressed to Michael Hasty, Project Manager, 
Regulatory Branch, Louisville District, at (502) 315-6676, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: 1. Proposed Action. The project proposed by 
EKPC would include the construction and operation of a 278-megawatt CFB 
unit and associated infrastructure on the 3,272-acre Smith Site owned 
by EKPC in southern Clark County, Kentucky. The Proposed Action is 
needed to provide sufficient electric generating capacity to meet the 
baseload electric power needs of EKPC's rural member distribution 
cooperatives in 2013. Fuel would be supplied to the plant site by rail 
or truck. The construction of a substation and approximately one mile 
of 345 kV transmission line on the Smith Site would be required to 
connect the CFB unit to EKPC's transmission system at the existing, on-
site J.K. Smith 345 kV Switching Station.
    The discharge of fill material into waters of the U.S. would be 
required for the construction of two (2) CCB beneficial reuse 
structural fills; two (2) on-site CCB landfills; an emergency drought 
water storage reservoir; and several soil borrow areas for landfill 
cover and other on-site uses. The Proposed Action also would include 
the construction of a combined water supply intake and process water 
discharge outfall in the Kentucky River. EKPC's schedule calls for the 
proposed facility to be operational by spring 2013.
    2. Alternatives. Alternatives to be considered by the Corps include 
no action, purchased power, renewable energy sources, distributed 
generation, non-renewable energy resources (including the Proposed 
Action), nuclear, demand side management, and alternative site 
locations. The Corps' review of alternatives also will include the 
application of the Section 404(b)(1) guidelines to ensure the 
avoidance, minimization, and mitigation of impacts to aquatic 
resources.
    3. Scoping Process. RUS previously engaged in a scoping process for 
the Proposed Action that will serve as the basis for the SEIS. 
Following RUS's October 6, 2006 NOI, that agency conducted scoping 
meetings for government agencies and the public in Trapp, Kentucky, on 
October 18, 2006. An Alternatives Evaluation and Site Selection Study 
(Alternatives Report), prepared by EKPC, was made available for review 
at the scoping meeting and on the RUS Web site. That Alternatives 
Report and the Public Scoping Report developed as a result of the 
scoping process and scoping meetings are available for public review at 
the Corps at the address provided in this notice, and on EKPC's Web 
site at http://www.ekpc.coop/smith-unit1.html.
    Because the Corps has participated as a cooperating agency with RUS 
in the NEPA process, and because the nature of the Proposed Action has 
not changed materially (except with the reduction from two CFB units to 
one CFB unit), the Corps intends to rely on the prior scoping process 
to complete and publish the Draft SEIS. In addition the Corps will 
continue consultations with the appropriate agencies.
    4. Availability. The Draft SEIS is anticipated to be available for 
public review and comment in September or October 2009.

    Dated: September 8, 2009.
Keith A. Landry,
Colonel, Corps of Engineers, District Commander.
[FR Doc. E9-22836 Filed 9-21-09; 8:45 am]
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