[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]
[Page 30285-30288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn09-35]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PF09-3-000; BLM Reference No. UTU-87295]
Magnum Gas Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Magnum Gas Storage Project
and Draft Pony Express Resource Management Plan Amendment for the
Bureau of Land Management, Request for Comments on Environmental
Issues, and Notice of Public Scoping Meetings
June 18, 2009.
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) and the staff
of the Bureau of Land Management (BLM) will prepare a Draft Pony
Express Resource Management Plan Amendment (Draft RMP Amendment). The
EA and the Draft RMP Amendment will discuss the environmental impacts
of the construction and operation of a new interstate natural gas
storage facility and pipeline lateral, located in central Utah,
proposed by Magnum Gas Storage, LLC (MGS) as part of its Magnum Gas
Storage Project (Project).
This notice announces the opening of the scoping process that will
be used to gather input from the public and
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interested agencies on the Project. Your input will help the Commission
staff and cooperating agencies determine which issues need to be
evaluated in the EA/Draft RMP Amendment. The staff will also use the
scoping process to determine whether preparation of an environmental
impact statement is required for this Project based on the anticipated
level of impacts. Please note that the scoping period for this Project
will close on July 27, 2009.
Comments may be submitted in written form or verbally. 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, you are invited to attend public scoping
meetings scheduled in the Project area where you can verbally comment
on the proposed Project. These meetings are scheduled as follows:
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Date Location
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Tuesday, July 7, 2009 at 6 p.m. (MST).. Juab County School District,
346 E. 600 N. Street, Nephi,
UT 84648.
Wednesday, July 8, 2009 at 6 p.m. (MST) Millard County School District,
285 E. 400 N., Delta, UT
84624.
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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 EA/Draft RMP Amendment. A transcript
of the meeting will be generated so that your comments will be
accurately recorded.
The FERC will be the lead federal agency for the preparation of the
EA and the BLM will be the lead federal agency for the preparation of
the Draft RMP Amendment. The EA 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
MGS a Certificate of Public Convenience and Necessity under section 7
of the Natural Gas Act.
The BLM is participating as a cooperating agency in the preparation
of the EA to satisfy its respective NEPA and planning responsibilities
since the Project would cross federal land under the jurisdiction of
the Fillmore and Salt Lake Field Offices in Utah. 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 per Title 40 CFR 1506.3
to meet its responsibilities under NEPA in considering MGS's
application for a Right-of-Way Grant and Temporary Use Permit for the
portion of the Project on federal land. In addition, the U.S. Forest
Service (FS) will participate as a cooperating agency because FS land
may be impacted. The concurrence or non-concurrence of the FS would be
considered in the BLM's decision as well as impacts on resources and
programs and the proposed Project's conformance with land use plans as
well as the proposed land use plan amendment for the Pony Express RMP.
With this notice, the FERC staff is asking other federal, state,
local, and tribal agencies with jurisdiction and/or special expertise
with respect to environmental issues to cooperate with us in the
preparation of the EA. In addition, the BLM is asking other federal,
state, local, and tribal agencies to cooperate in the review of the
plan amendment process. These agencies may choose to participate once
they have evaluated MGS's proposal relative to their responsibilities.
Agencies that would like to request cooperating agency status should
follow the instructions for filing comments described later in this
NOI.
This notice is being sent to affected landowners; federal, state,
and local government representatives and agencies; environmental and
public interest groups; Native American tribes; other interested
parties in this proceeding; and local libraries and newspapers. We \1\
encourage government representatives to notify their constituents of
this 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 proposed 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
The proposed development of the Project would include construction
and operation of an underground natural gas storage field with a
capacity of 64 billion cubic feet (Bcf) on state and private land near
the town of Delta in Millard County; Utah, and a 60-mile, 36-inch-
diameter natural gas pipeline lateral linking the gas storage facility
with existing interstate gas transmission pipelines at an interconnect
site north of Goshen, Utah. The pipeline lateral could potentially
cross private, state, FS and BLM public lands in Millard, Juab, and
Utah Counties.
The Project would consist of the following facilities:
Eight gas storage salt caverns each having a working gas
capacity of 8 Bcf, 5.6 Bcf working capacity, and supported by 2.4 Bcf
base gas;
Approximately 60 miles of 36-inch-diameter natural gas
pipeline;
Water supply wells and associated water supply pipelines;
Injection/withdrawal wells;
Leaching facilities for solution mining and creation of
caverns;
Brine evaporation ponds required for brine management;
Surface facilities for gas storage that would include
central compression and gas handling facilities, valving and
dehydration facilities, pig launchers/receivers and an operations
center;
Electric transmission lines;
Meter and regulator stations, and
A 4-inch-diameter natural gas supply pipeline extending
approximately 9.3 miles to the storage site for temporary power
generation.
The locations of the Project facilities are shown in Appendix 1.\2\
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\2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site 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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[[Page 30287]]
Land Requirements for Construction
The proposed storage field site would be comprised of both state
and private land totaling approximately 2,050 acres. Approximately 710
acres would be required for permanent facilities and 40 acres for
temporary construction. Construction of the proposed pipeline would
result in a temporary disturbance of approximately 708 acres.
The proposed 36-inch-diameter pipeline would generally be installed
on BLM, state, and private land within a 100-foot-wide construction
right-of-way. At certain locations (e.g., road, railroad, and waterbody
crossings), extra workspaces would be required. MGS would retain a 50-
foot-wide permanent right-of-way for the pipeline.
The EA/NEPA Process
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. The EA
is being prepared to serve that purpose. NEPA also requires Commission
staff and its cooperators to discover and address concerns the public
may have about the proposal. 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 NOI,
the Commission and BLM staff request public comments on any issues that
may arise during the scoping period and need to be addressed in the EA/
Draft RMP Amendment. All scoping comments received will be considered
during the preparation of the EA/Draft RMP Amendment.
In the EA, we will discuss impacts that could occur as a result of
the construction and operation of the proposed Project under these
general headings:
Geology and soils;
Mineral resources;
Land use (recreation, aesthetics/visual resource
management, special designations, and livestock grazing);
Water resources, riparian zones, and wetlands;
Cultural resources;
Vegetation;
Fisheries and wildlife;
Endangered and threatened species;
Air quality and noise; and
Public safety.
We will also evaluate possible alternatives to the proposed
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 seek public and agency
input early in the Project planning phase and encourage early
involvement of interested stakeholders in a manner that allows for the
early identification and resolution of environmental issues before an
application is filed with the FERC. The BLM has agreed to conduct its
work with all interested stakeholders to identify and attempt to
address issues before and throughout the application process.
As part of our Pre-filing Process review, FERC has begun to contact
some federal and state agencies to discuss their involvement in the
scoping process and the preparation of the EA. In addition,
representatives from the FERC participated in a public open house
sponsored by MGS in Delta, Utah on March 3, 2009, to explain the
environmental review process to interested stakeholders. On April 8,
2009, the FERC conducted an interagency meeting with agencies and MGS
in Salt Lake City, Utah. The purpose of the meeting was to explain the
FERC's process and solicit comments and concerns about the MGS's
Project from other jurisdictional agencies.
Our independent analysis of the issues will be discussed in the EA.
The EA/Draft RMP Amendment will be published and mailed to federal,
state, and local agencies, public interest groups, interested
individuals, affected landowners, newspapers, libraries, and the
Commission's official service list for this proceeding.
A 30-day review and comment period will be provided when the EA/
Draft RMP Amendment are published. The Proposed Plan Amendment for the
Pony Express RMP will be provided a 30-day protest period at that time,
commensurate with a 60-day Governor's Consistency Review in accordance
with Title 43 CFR Part 1600. All comments on the EA will be considered
before the recommendations to the Commission are made. To ensure your
comments are considered, please carefully follow the instructions in
the Public Participation section below.
The BLM's Plan Amendment Process
As discussed above, the EA will analyze the impacts of amending the
Pony Express RMP to accommodate the Proposal. An amendment is required
because the Pony Express RMP (1990) does not currently allow for major
rights-of-way to be placed outside of identified utility corridors.
Publication of this notice formally initiates the plan amendment
process and begins the scoping process. An interdisciplinary approach
will be used to develop the EA in order to consider a variety of
resource issues and concerns identified. An amendment to the Pony
Express RMP will be based upon the following planning criteria:
The amendment will be completed in compliance with the
Federal Land Policy and Management Act (FLPMA), NEPA and all other
relevant Federal law, Executive Orders and management policies of the
BLM;
Where existing planning decisions are still valid, those
decisions will remain unchanged and be incorporated into the new
amendment;
The amendment will recognize valid existing rights; and
Native American Tribal consultations will be conducted in
accordance with policy and tribal concerns will be given due
consideration. The planning process would include the consideration of
any impacts on Indian trust assets.
The 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 Part 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. However, at the decision stage,
the land use plan decisions must be separated from the implementation
decisions.
Currently Identified Environmental Issues
The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed Project. We have already
identified several issues that we think
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deserve attention based on a preliminary review of the proposed
facilities, comments made to us at the MGS's open house, preliminary
consultations with other agencies, and the environmental information
provided by MGS. This preliminary list of issues may be changed based
on your comments and our analysis. Issues include, but are not limited
to:
Cultural resources that may be affected by the Project;
Potential impacts on streams, riparian zones, and
wetlands;
Rights-of-way required for proposed pipeline crossing of
federal lands managed by the BLM and the FS;
Cumulative impacts of the proposed facilities combined
with past, present, and reasonable foreseeable Projects; and
Assessment of alternatives, including alternative routes,
that would avoid or reduce impacts on private and federal lands.
Public Participation
You can make a difference by providing us with your specific
comments or concerns about MGS'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 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 July 27,
2009.
For your convenience, there are three methods, which you can use to
submit written comments to the Commission. In all instances please
reference the Project docket numbers PF09-3-000 with your submission.
The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at 202-502-8258
or efiling@ferc.gov.
(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.
Label one copy of the comments for the attention of Gas Branch 2,
PJ-11.2.
You may also submit oral comments at one of two public scoping
meetings identified earlier in this NOI.
Becoming an Intervenor
Once MGS formally files its applications 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 ``e-filing'' link on the Commission's Web site.
Please note that you may not request intervenor status at this time.
You must wait until formal applications are 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 proposed 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 of
aboveground facilities (as defined in the Commission's regulations).
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 (i.e., PF09-3) in the
Docket Number field. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
FercOnlineSupport@ferc.gov 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.
Finally, 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.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-14933 Filed 6-24-09; 8:45 am]
BILLING CODE 6717-01-P