Environmental statements; notice of intent: Columbia Gas Transmission Corp.,

Text

---

Federal Register: May 11, 1998 (Volume 63, Number 90)NoticesPage 25850-25851From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11my98-71

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. CP98-315-000Columbia Gas Transmission Corporation; Notice of Intent To Prepare an Environmental Assessment for the Proposed 1998 Line KA Replacement Project and Request for Comments on Environmental Issues

May 5, 1998

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 construction and operation of facilities proposed in the 1998 Line KA Replacement Project.\1\ This EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity.

\1\ Columbia Gas Transmission Corporation's application was filedwith the Commission under Section 7 of the Natural Gas Act and Part 157 of the Commission's regulations.

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 addressing a number of typically asked questions, including the use of eminent domain, is attached to this notice as appendix 1.\2\

\2\ The appendices referenced in this notice are not being printed in the Federal Register. Copies are available from the Commission's Public Reference and Files Maintenance Branch, 888 First Street, N.E., Washington, D.C. 20426, or call (202) 208-1371. Copies of the appendices were sent to all those receiving this notice in the mail.

Summary of the Proposed Project

Columbia Gas Transmission Corporation (Columbia) proposes to abandon and replace about 5.5 miles of 20-inch-diameter pipeline in Pike County, Kentucky. About 4.9 miles of the existing pipeline would be abandoned by removal and replaced within Columbia's existing right- of-way. The remaining 0.6 mile of pipeline would be abandoned in place and replaced on newly acquired right-of-way to avoid steep slopes.

The project location is shown in appendix 2.

Land Requirements for Construction

Columbia would use a 75-foot-wide construction right-of-way for the entire project. Where the pipeline would be replaced on existing right- of-way, 50 feet of Columbia's existing right-of-way and 25 feet of temporary right-of-way would be used for construction. Where the pipeline would be replaced on newly acquired right-of-way. Columbia would obtain a permanent 50-foot-wide easement and a 25-foot-wide temporary right-of-way. The new permanent right-of-way would be about 3.6 acres. Additional work areas would be required for road and stream crossings, access roads, staging areas, and pipeyards. The area of disturbance for the entire project would total about 77.4 acres.

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 to discover and address concerns the public may have about proposals. We call this ``scoping''. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission requests public comments on the scope of the issues it will address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage

[Page 25851]them to comment on their areas of concern.

To ensure your comments are considered, please carefully follow the instructions in the public participation section on pages 3 and 4 of this Notice.

The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

<bullet> Endangered and threatened species.

<bullet> Water resources and wetlands.

<bullet> Vegetation and wildlife.

<bullet> Land use.

<bullet> Cultural resources.

<bullet> Geology and soils.

We will also evaluate possible 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.

Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may 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 comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission.

Currently Identified Environmental Issues

We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Columbia. These issues may be changed based on your comments and our analysis.

<bullet> Eight residences are located within 50 feet of the construction right-of-way.

<bullet> One prehistoric site that is potentially eligible for the National Register of Historic Places lies within the project's area of potential effect.

<bullet> Most of the project area is underlain by deep coal mines.

Public Participation

You can make a difference by sending a letter addressing your specific comments or concerns about the project. You should focus on the potential environmental effects of the proposal, alternatives to the proposal, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded;

<bullet> Send two copies of your letter to: David P. Boergers, Acting Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426;

<bullet> Label one copy of the comments for the attention of the Environmental Review and Compliance Branch, PR-11.1;

<bullet> Reference Docket No. CP98-315-000; and

<bullet> Mail your comments so that they will be received in Washington, DC on or before June 5, 1998.

Becoming an Intervenor

In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an ``intervenor''. Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filing by other intervenors. Likewise, each intervenor must provide 14 copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a Motion to Intervene according to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214) (see appendix 3). Only intervenors have the right to seek rehearing of the Commission's decision.

The date for filing timely motions to intervene in this proceeding has passed having ended on April 29, 1998. Therefore, parties now seeking to file late interventions must show good cause, as required by Section 385.214(b)(3), why this time limitation should be waived. Environmental issues have been viewed as good cause for late intervention.

You do not need intervenor status to have your environmental comments considered.

Additional information about the proposed project is available from Mr. Paul McKee in the Commission's Office of External Affairs at (202) 208-1088. David P. Boergers, Acting Secretary.

FR Doc. 98-12359Filed5-8-98; 8:45 amBILLING CODE 6717-01-M

---