[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38738-38741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13818]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP22-466-000]
WBI Energy Transmission, Inc.; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Wahpeton Expansion
Project; Request for Comments on Environmental Issues, and Schedule for
Environmental Review
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 the Wahpeton Expansion
Project (Project) involving construction and operation of facilities by
WBI Energy Transmission, Inc. (WBI Energy) in Cass and Richland
Counties, North Dakota. The Commission will use this EIS in its
decision-making process to determine whether the Project is in the
public convenience and necessity. The schedule for preparation of the
EIS is discussed in the Schedule for Environmental Review section of
this notice.
As part of the National Environmental Policy Act (NEPA) review
process, the Commission takes into account concerns the public may have
about proposals and the environmental impacts that could result
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on January 4, 2022, in Docket No.
PF21-4-000, the Commission opened a scoping period during WBI Energy's
planning process for the Project and prior to filing a formal
application with the Commission, a process referred to as ``pre-
filing.'' WBI Energy has now filed an application with the Commission,
and staff intends to prepare an EIS that will address the concerns
raised during the pre-filing scoping process and comments received in
response to this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. To ensure that your
comments are timely and properly recorded, please submit your comments
so that the Commission receives them in Washington, DC on or before
5:00 p.m. Eastern Time on July 22, 2022. Comments may be submitted in
written or oral form. Further details on how to submit comments are
provided in the Public Participation section of this notice.
As mentioned above, during the pre-filing process, the Commission
opened a scoping period which expired on February 3, 2022; however,
Commission staff continued to accept comments during the entire pre-
filing process. Staff also held two virtual scoping sessions to take
oral scoping comments. Those sessions were held on January 25 and 27,
2022. All substantive written and oral comments provided during pre-
filing will be addressed in the EIS. Therefore, if you submitted
comments on this Project to the Commission during the pre-filing
process in Docket No. PF21-4-000 you do not need to file those comments
again.
If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
WBI Energy 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?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website
[[Page 38739]]
(www.ferc.gov) under the Natural Gas Questions or Landowner Topics
link.
Public Participation
There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at (866) 208-3676 or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
(1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
(2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. 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 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 can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
466-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription.
Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts
WBI Energy proposes to construct and operate about 60.5 miles of
12-inch-diameter natural gas pipeline from WBI Energy's existing
Mapleton Compressor Station near Mapleton, North Dakota to a new meter
station near Wahpeton, North Dakota. The Wahpeton Expansion Project
would provide about 20.6 million standard cubic feet of natural gas per
day to southeastern North Dakota. According to WBI Energy, its Project
would provide additional natural gas supply to Wahpeton, North Dakota
and new natural gas service to Kindred, North Dakota, as requested by
Montana-Dakota Utilities Co. (MDU).
The Wahpeton Expansion Project would consist of the following
facilities in addition to the pipeline, all in North Dakota:
modifications (installation of additional equipment and
facilities, but no additional compression) to WBI Energy's existing
Mapleton Compressor Station in Cass County to facilitate a tie-in to
WBI's existing pipeline system.
two delivery stations (MDU-Kindred Border Station and MDU-
Wahpeton Border Station) in Cass and Richland Counties;
seven block valve settings (Valve Site 1 would be located
within the existing Mapleton Compressor Station and Valve Sites 3 and 7
would be collocated within the two delivery stations);
four pig launcher/receiver settings \1\ collocated with
Valve Sites 1, 2, 5, and 7; and
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\1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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possible farm taps (unspecified number and locations at
this time).
The general location of the Project facilities is shown in appendix
1.\2\
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\2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Construction of the proposed facilities would disturb at least
791.5 acres of land for the pipeline, aboveground facilities, and
associated workspaces, of which approximately 728 acres are
agricultural lands (crops, pasture, hayfields). Following construction,
WBI Energy would maintain at least 372.5 acres for permanent operation
of the Project's facilities; the remaining acreage would be restored
and revert to former uses. Approximately 346 acres of permanent
operational footprint would be within agricultural lands, which would
be allowed to revert to agricultural uses. About 51 percent of the
proposed pipeline route parallels existing electric transmission line,
railroad, and road rights-of-way.
Based on an initial review of WBI Energy's and public comments
received during the pre-filing process, Commission staff have
identified several expected impacts that deserve attention in the EIS.
The Project would impact 20 waterbodies, crossing 18 using a guided
bore which would largely avoid impacts on the waterbodies except for
potential temporary equipment bridge crossings. Two ephemeral
waterbodies (roadside ditches) would be crossed using open-cut methods.
Five additional ephemeral waterbodies (roadside ditches) would be
crossed by access roads.
Of the 8.5 acres of wetland which could be impacted by the Project,
approximately 6.3 acres, including 0.4 acre of forested wetlands, would
be impacted during the open-cut construction method for installation of
the pipeline. The remainder of wetland impacts would result from access
roads, aboveground facilities, and pipe yards. In total, approximately
0.10 acre of permanent wetland impact is anticipated, of which most
would result from a conversion in type of wetland (from forested to
emergent); less than 0.01 acre would consist of permanent fill of a
roadside ditch for a permanent access road.
Other potential impacts associated with the Project would include:
noise resulting from 24-hour construction activities;
construction through areas with drain tiles;
disturbance of wildlife species and habitats (although
most areas proposed for disturbance consist of agricultural land);
disturbance of soils and subsequent restoration of
farmland;
air emissions during construction; and
environmental justice.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
geology and soils;
water resources and wetlands;
vegetation and wildlife;
threatened and endangered species;
cultural resources;
socioeconomics and environmental justice;
land use;
cumulative impacts;
air quality and noise; and
reliability and safety.
Commission staff will also make recommendations on how to lessen or
[[Page 38740]]
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through library \3\
and the Commission's natural gas environmental documents web page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
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\3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\4\ Alternatives currently under consideration include:
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\4\ 40 CFR 1508.1(z).
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the no-action alternative, meaning the Project is not
implemented;
four system alternatives;
possible route alternatives and route variations;
possible aboveground facility alternatives for delivery
stations; and
construction method alternatives.
With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact.
Consultation 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, the Commission initiated section 106 consultation for
the Project in the notice issued on January 4, 2022, with the North
Dakota State Historic Preservation Office, and other government
agencies, interested Indian tribes, and the public to solicit their
views and concerns regarding the Project's potential effects on
historic properties.\5\ This notice is a continuation of section 106
consultation for the Project. The Project EIS will document findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
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\5\ 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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Schedule for Environmental Review
On June 10, 2022, the Commission issued its Notice of Application
for the Project. Among other things, that notice alerted other agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on the request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the Project. This notice identifies
the Commission staff's planned schedule for completion of the final EIS
for the Project, which is based on an issuance of the draft EIS in
November 2022.
Issuance of Notice of Availability of the final EIS--April 7, 2023
90-day Federal Authorization Decision Deadline \6\--July 6, 2023
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\6\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.
If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. 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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Agency Permit
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FERC................................... Certificate of Public
Convenience and Necessity
under Section 7c of the
Natural Gas Act.
U.S. Army Corps of Engineers........... Section 404 of the Clean Water
Act.
U.S. Fish and Wildlife Service......... Section 7 of the Endangered
Species Act.
North Dakota Department of Water Quality Certificate under
Environmental Quality. Section 401 of the Clean Water
Act.
State Historical Society of North Section 106 of the National
Dakota. Historic Preservation Act.
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Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project which 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 Project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed Project. State and local government representatives should
notify their constituents of this proposed Project and encourage them
to comment on their areas of concern.
[[Page 38741]]
If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
(1) Send an email to [email protected] stating your
request. You must include the docket number CP22-466-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
OR
(2) Return the attached ``Mailing List Update Form'' (appendix 2).
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 website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP22-466). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or (866) 208-3676, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.
Dated: June 22, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-13818 Filed 6-28-22; 8:45 am]
BILLING CODE 6717-01-P