[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66911-66913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26659]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. CP14-4-000; CP14-9-000]
Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Emerald Longwall Mine Panel
D1 and Consol Baily East Mine Panel 1l Projects and Request for
Comments on Environmental Issues; Texas Eastern Transmission, LP
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 Panel D1
Project in Docket No. CP14-4-000 and the Consol Baily East Mine Panel
1L Project in Docket No. CP14-9-000 (projects). The projects involve
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 projects are
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 projects. 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 December 2, 2013.
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 these proposed
projects 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
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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
projects, which includes work to be performed for the planned longwall
coal mining activities of Emerald Coal Resources, LP (Emerald) in Panel
D1 of its mine and Consol Pennsylvania Coal Company, LLC (Consol) for
its Baily Mine in Panel 1L. Texas Eastern designed the projects to
ensure the safe and efficient operation of its existing pipeline
facilities at their certificated design capacities during the planned
longwall mining activities at both mines 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 14,760 feet in length over the Emerald mine and
sections of Lines 10, 15, 25, and 30 totaling 19,790 feet over the
Consol mine 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 over
both mines, during pipe elevation. 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. Additionally, a 2,700 foot segment of
previously idled Line 1 would be abandoned by removal to allow
additional space for re-installation of Line 25 over the Emerald mine
and 5 feet of Line 1 would be abandoned by removal at the Consol mine.
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
within Texas Eastern's existing easements.
Also at the Emerald mine, Texas Eastern would install a temporary
aboveground 4-inch-diameter pipeline to isolate its existing Line 10-K
that connects Lines 10 and 15 to meter and regulator (M&R) station
70020. This temporary pipeline would also be elevated and monitored
during mining. After mining the original pipeline would be reconnected
between the pipelines and the M&R station. A section of previously
abandoned Line 2 would also be removed within the same right-of-way as
Line 1.
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 projects would disturb about 19.4 acres of land for the
excavation, abandonment, replacement, elevation, and reburial at the
Emerald mine and 26.0 acres at the Consol mine, most of which consists
of existing previously disturbed easements. The acreages include
permanent and temporary construction right-of-way, access roads, and
wareyards. Following pipeline reburial and restoration, Texas Eastern
would continue to maintain its existing 16.6 acres of easement at the
Emerald mine and 18.4 acres at the Consol 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; and
public safety.
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
[[Page 66913]]
project-specific Area of Potential Effects (APE) in consultation with
the SHPO as the project develops. On natural gas facility projects, 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
December 2, 2013.
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(s) (CP14-4-000 and/or
CP14-9-000) 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 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-
4-000 or CP14-9-000). 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/esubscribenow.htm.
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: October 31, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-26659 Filed 11-6-13; 8:45 am]
BILLING CODE 6717-01-P