[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28707-28709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11465]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-4-001]


Texas Eastern Transmission, LP; Notice of Intent To Prepare an 
Environmental Assessment for the Proposed Emerald Longwall Mine Project 
Amendment and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental assessment (EA) that will 
discuss the environmental impacts of the Emerald Longwall Mine Project 
Amendment in Docket No. CP14-4-001 (project). The project involves the 
excavation, abandonment, replacement, temporary elevation, and reburial 
of pipeline facilities currently operated by Texas Eastern 
Transmission, LP (Texas Eastern) in Greene County, Pennsylvania to 
facilitate the underground mining of coal. The Commission will use this 
EA in its decision-making process to determine whether the project is 
in the public convenience and necessity.
    This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies on the project. Your input will help the Commission staff 
determine what issues they need to evaluate in the EA. Please note that 
the scoping period will close on June 11, 2014.
    You may submit comments in written form. The details on how to 
submit written comments are in the Public Participation section of this 
notice.
    This notice is being sent to the Commission's current environmental 
mailing list for this project. State and local government 
representatives should notify their constituents of the proposed 
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company 
representative may contact you about the acquisition of a temporary 
easement to abandon, replace, elevate and monitor the proposed 
activities. The company would seek to negotiate a mutually acceptable 
agreement. However, if the Commission approves the project, 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 where compensation 
would be determined in accordance with state law.
    Texas Eastern provided landowners with a fact sheet prepared by the 
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do 
I Need To Know?'' 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. It is also available for viewing on 
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    Texas Eastern Transmission, LP is seeking authorization from the 
FERC pursuant to Sections 7(b) and 7(c) of the Natural Gas Act for the 
project, which includes work to be performed for the planned longwall 
coal mining activities of Emerald Coal Resources, LP (Emerald) in Panel 
D2. The mining mitigation for the adjacent Panel D1was previously 
approved on January 29, 2014 in the Commission's Order Issuing 
Certificate and Approving Abandonment. Texas Eastern designed the 
project to ensure the safe and efficient operation of its existing 
pipeline facilities at their certificated design capacities during the 
planned longwall mining activities which include mining coal below the 
pipelines and then allowing the mine roof to collapse after removing 
the mine braces.
    Texas Eastern proposes to excavate and elevate sections of Lines 2, 
10, 15, and 25 totaling about 15,195 feet in length over Emerald's 
Panel D2 to monitor and mitigate potential strains and stresses on 
these pipeline sections. Texas Eastern would also replace with like-
diameter pipeline the excavated segments of Lines 10, 15, and 25 during 
pipe elevation. A 1,010-foot-long section of Line 2 would also be 
replaced in a new alignment within the existing right-of-way following 
ground subsidence to facilitate work in the vicinity of the North 
Porter Street crossing and to minimize waterbody crossing impacts. 
Additionally, a 5-foot-long segment of previously idled Line 1 would be 
abandoned by removal to prevent the pipeline from buckling under the 
road during ground subsidence.
    The four mainline segments at each mine would remain elevated using 
sandbags and skids for about 2 years until the longwall mining 
activities have been completed and the area is allowed time to settle. 
During the actual subsidence event, all segments would be monitored 
with strain gauges, and adjustments to sandbags and skids would be 
made, as necessary, to minimize pipeline stresses. After mining and 
allowing for a settlement period, the pipelines would be reburied

[[Page 28708]]

within Texas Eastern's existing easements.
    The general location of the project facilities is shown in appendix 
1.\1\
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    \1\ The appendices referenced in this notice will not appear in 
the Federal Register. Copies of appendices were sent to all those 
receiving this notice in the mail and are available at www.ferc.gov 
using the link called ``eLibrary'' 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.
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Land Requirements for Construction

    The project would disturb about 45.6 acres of land for the 
excavation, abandonment, replacement, elevation, and reburial at the 
Emerald mine, most of which consists of existing previously disturbed 
easements. The acreages include permanent and temporary construction 
right-of-way, access roads, and wareyard. Following pipeline reburial 
and restoration, Texas Eastern would continue to maintain its existing 
22.7 acres of easement at the Emerald mine for the continued permanent 
operation of its pipelines; the remaining acreage would be restored and 
allowed to revert to former uses.

The EA 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 Necessity. NEPA also requires us 
\2\ 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 EA on the important 
environmental issues. By this notice, the Commission requests public 
comments on the scope of the issues to address in the EA. We will 
consider all filed comments during the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff 
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of 
the excavation, abandonment, replacement, temporary elevation, and 
reburial of Texas Eastern's existing pipeline facilities 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;
     public safety; and
     cumulative impacts.
    We will also evaluate reasonable alternatives to the proposed 
project or portions of the project, and make recommendations on how to 
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA 
will be available in the public record through eLibrary. Depending on 
the comments received during the scoping process, we may also publish 
and distribute the EA to the public for an allotted comment period. We 
will consider all comments on the EA before making our recommendations 
to the Commission. To ensure we have the opportunity to consider and 
address your comments, please carefully follow the instructions in the 
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law 
and/or special expertise with respect to the environmental issues of 
this project to formally cooperate with us in the preparation of the 
EA.\3\ Agencies that would like to request cooperating agency status 
should follow the instructions for filing comments provided under the 
Public Participation section of this notice.
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    \3\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at Title 40, Code of Federal 
Regulations, Sec.  1501.6.
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Consultations Under Section 106 of the National Historic Preservation 
Act

    In accordance with the Advisory Council on Historic Preservation's 
implementing regulations for section 106 of the National Historic 
Preservation Act, we are using this notice to initiate consultation 
with the Pennsylvania State Historic Preservation Office (SHPO), and to 
solicit their views and those of other government agencies, interested 
Indian tribes, and the public on the project's potential effects on 
historic properties.\4\ We will define the project-specific Area of 
Potential Effects (APE) in consultation with the SHPO as the project 
develops. On natural gas facility project, the APE at a minimum 
encompasses all areas subject to ground disturbance (examples include 
construction right-of-way, contractor/pipe storage yards, compressor 
stations, and access roads). Our EA for this project will document our 
findings on the impacts on historic properties and summarize the status 
of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations 
are at Title 36, Code of Federal Regulations, Part 800. Those 
regulations define historic properties as any prehistoric or 
historic district, site, building, structure, or object included in 
or eligible for inclusion in the National Register of Historic 
Places.
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Public Participation

    You can make a difference by providing us with your specific 
comments or concerns about the 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 your comments so 
that the Commission receives them in Washington, DC on or before June 
11, 2014.
    For your convenience, there are three methods which you can use to 
submit your comments to the Commission. In all instances please 
reference the appropriate project docket number (CP14-4-001) with your 
submission. The Commission encourages electronic filing of comments and 
has expert staff available to assist you at (202) 502-8258 or 
[email protected].
    (1) You can file your comments electronically using the eComment 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. This is an easy method for interested persons to 
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling 
feature on the Commission's Web site (www.ferc.gov) under the link to 
Documents and Filings. With eFiling, you can provide comments in a 
variety of formats by attaching them as a file with your submission. 
New eFiling users must first create an account by clicking on 
``eRegister.'' You must select the type of filing you are making. If 
you are filing a comment on a particular project, please select 
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the following address: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local 
government representatives and agencies; elected officials; 
environmental and public interest groups; Native American Tribes; other 
interested parties; and local libraries and newspapers. This list also 
includes all affected landowners (as defined in the Commission's 
regulations) who are potential right-of-way grantors, whose property 
may be used temporarily for

[[Page 28709]]

project purposes, or who own homes within certain distances of 
aboveground facilities, and anyone who submits comments on the project. 
We will update the environmental mailing list as the analysis proceeds 
to ensure that we send the information related to this environmental 
review to all individuals, organizations, and government entities 
interested in and/or potentially affected by the proposed project.
    If we publish and distribute the EA, copies will be sent to the 
environmental mailing list for public review and comment. If you would 
prefer to receive a paper copy of the document instead of the CD 
version or would like to remove your name from the mailing list, please 
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want 
to become an ``intervenor'' which is an official party to the 
Commission's 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 the proceeding by filing a 
request to intervene. Instructions for becoming an intervenor are in 
the User's Guide under the ``e-filing'' link on the Commission's Web 
site.

Additional Information

    Additional information about the project is available from the 
Commission's Office of External Affairs, at (866) 208-FERC, or on the 
FERC Web site at 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 (i.e., CP14-
4). Be sure you have selected an appropriate date range. For 
assistance, please contact FERC Online Support at 
[email protected] or toll free at (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 www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the 
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: May 12, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-11465 Filed 5-16-14; 8:45 am]
BILLING CODE 6717-01-P