[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)] [Notices] [Pages 73037-73040] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-33716] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP00-36-000] Guardian Pipeline, L.L.C.; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Guardian Pipeline Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings and Site Visit December 22, 1999. 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 construction and operation of the facilities proposed in the guardian Pipeline Project in various counties of Illinois and Wisconsin.\1\ these facilities would consist of about 149 miles of pipeline and 25,080 horsepower (hp) of compression. This EIS will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. --------------------------------------------------------------------------- \1\ Guardian Pipeline, L.L.C.'s application in Docket No. CP00- 36-000 was filed with the Commission under Section 7(c) of the Natural Gas Act. --------------------------------------------------------------------------- If you are a landowner on Guardian's proposed route and receive 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?'' was attached to the project notice Guardian provided to landowners along and adjacent to the proposed route. This fact sheet addresses a number of typically asked questions, including the use of eminent domain. It is available for viewing on the FERC Internet website (www.ferc.fed.us). This notice is being sent to landowners of property crossed by and adjacent to Guardian's proposed route; landowners of property along a major route alternative; Federal, state, and local agencies; elected officials; [[Page 73038]] environmental and public interest groups; and local libraries and newspapers. Additionally, with this notice we are asking those 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 EIS. These agencies may choose to participate once they have evaluated the proposal relative to their agencies' responsibilities. Agencies who would like to request cooperating agency status should follow the instructions for filing comments described below. To date, the Wisconsin Public Service commission (WIPSC) and the Wisconsin Department of Natural Resources have requested and been granted cooperating agency status. Summary of the Proposed Project Guardian Pipeline L.L.C. (Guardian) proposes to build new natural gas pipeline and compression facilities to transport 750,000 decatherms per day (Dth/d) of natural gas from the Chicago Hub near Joliet, Illinois to markets in northern Illinois and Wisconsin. Guardian requests Commission authorization, to construct, install, own, operate, and maintain the following facilities:About 140 miles of 36-inch-diameter pipeline in Will, Kendall, DeKalb, and McHenry Counties, Illinois and Walworth and Jefferson Counties, Wisconsin; extending from Joliet, Illinois to Ixonia, Wisconsin (Joliet to Ixonia Pipeline); About 8.5 miles of 16-inch-diameter lateral pipeline in Walworth and Waukesha Counties, Wisconsin (Eagle Lateral); A total of about 0.16 miles of 30-, 24-, and 16-inch- diameter pipelines in Will County, IL to interconnect the Guardian Pipeline with the Northern Border Pipeline Company, Midwestern Gas Transmission Company, and Natural Gas Pipeline Company of America; Seven meter/regulating stations including four stations in Will County, Illinois, and one station in each of Walworth, Waukesh, and Jefferson Counties, Wisconsin; and One compressor station with 25,080 hp in Will County, Illinois; Associated pipeline facilities, including two pig launchers, and two pig receivers. The general location of Guardian's proposed project facilities is shown on the map attached as appendix 1.\2\ --------------------------------------------------------------------------- \2\ The appendices referenced in this notice are not being printed in the Federal Register. Copies are available on the Commission's website at the ``RIMS'' link or from the Commission's Public Reference and Files Maintenance Branch, 888 First Street, NE, Room 2A, Washington DC 20426, or call (202) 208-1371. For instructions on connecting to RIMS refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. --------------------------------------------------------------------------- Wisconsin Gas Lateral Line Wisconsin Gas Company (WGC) proposes to construct about 35 miles of 30-, 24-, and 16-inch-diameter pipeline (WGC Lateral Line Project) extending from northern terminus of the Guardian Pipeline eastward into Jefferson, Waukesha, and Washington Counties, Wisconsin. WGC's Lateral Line Project will be under the jurisdiction of the WIPSC. Although these facilities will not be under the jurisdiction of the FERC, they will be analyzed in this EIS. As noted above, the WIPSC is participating in the EIS process as a cooperating agency. Land Requirements for Construction Guardian would construct a total of about 149 miles of new pipeline of which about 91 miles would be in Illinois and 58 miles would be in Wisconsin. Construction of the Guardian Pipeline Project would require about 2,580 acres of land including extra workspace and aboveground facilities. Of this total, about 1,939 acres would be disturbed by construction of the pipeline right-of-way, 596 acres would be disturbed by extra workspace and contractor/pipe yards, and 45 acres would be disturbed by the aboveground facilities and access roads. Guardian proposes to generally use a 70- to 110-foot-wide construction right-of-way along the Eagle Lateral. Smaller construction right-of-way widths would be used in tight construction areas and in wetlands. Following construction and restoration of the right-of-way and temporary work spaces, Guardian proposes to retain a 50-foot-wide permanent pipeline right-of-way along both the Joliet to Ixonia Pipeline and the Eagle Lateral. Total land requirements for the permanent right-of-way would be about 900 acres with an additional 24 acres required for the operation of the new or modified aboveground facilities. The EIS 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 EIS 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 EIS. All comments received are considered during the preparation of the EIS. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern. Our independent analysis of the issues will be in the Draft EIS which will be mailed to Federal, state, and local agencies, public interest groups, affected landowners and other interested individuals, newspapers, libraries, and the Commission's official service list for this proceeding. A 45-day comment period will be allotted for review of the Draft EIS. We will consider all comments on the Draft EIS and revise the document, as necessary, before issuing a Final EIS. The Final EIS will include our response to each comment received on the Draft EIS and will be used by the Commission in its decision-making process to determine whether to approve the project. Currently Identified Environmental Issues The EIS will discuss impacts that could occur as a result of the construction and operation of the proposed project. We have already identified a number of issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Guardian. These issues are listed below. This is a preliminary list of issues and may be changed based on your comments and our analysis. Soils --Impact on prime farmland soils. --Mixing of topsoil and subsoil during construction. --Compaction of soil by heavy equipment. --Impact on drain tiles and irrigation systems. --Erosion control and right-of-way restoration. Water Resources --Impact on areas with shallow groundwater. --Fourteen waterbody crossings 25 feet wide or greater. --Crossing of two waterbodies designated as sensitive/unique, three waterbodies listed as Illinois Natural Inventory Sites, and one waterbody classified as a National Historic Landmark. --Effect of crossing waterbodies with contaminated sediments. [[Page 73039]] --Potential for erosion and sediment transport to area waterbodies. --Impact on groundwater and surface water supplies. --Impact on wetland hydrology. Biological Resources --Short- and long-term effects of right-of-way clearing and maintenance on wetlands, forests, riparian areas, and vegetation communities of special concern. --Effects of construction on about 31 acres of wetlands and 51 acres of forest. --Impact on wildlife and fishery habitats. --Potential impact on federally endangered species such as the Indiana bat and on federally threatened species such as the prairie bush clover and eastern prairie fringed orchid. --Potential impact on state-listed sensitive species. Cultural Resources --Effect on historic and prehistoric sites. --Native American concerns. Socioeconomics --Effect on the construction workforce on demands for services in surrounding areas. --Impact on property values. Land Use --Impact on crop production. --Impact on residential areas. --Effects of construction on about 35 acres of Conservation Reserve Program land. --Impact on public lands and special use areas including waterbodies, state scenic trails, a state recreation area, county parks, city/township private parks and campgrounds, and golf courses. --Impact on future land uses and consistency with local land use plans and zoning. --Visual effect of the aboveground facilities on surrounding areas. Air Quality and Noise --Construction impact on local air quality and noise environment. --Impact on local air quality and noise environment as a result of operation of the compressor stations. Pipeline Reliability and Safety Cumulative Impact --Effect of Guardian Project combined with that of other projects that have been or may be proposed in the same region and similar time frames. Nonjurisdictional Facilities --Assessment of the effects of the construction of the WGC Lateral Line Project. Alternatives --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. Public Participation and Scoping Meetings You can make a difference by sending a letter addressing your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EIS and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative routes), 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: Send two copies of your letter to: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Room 1A, Washington, DC 20426. Label one copy of the comments for the attention of the Environmental Review and Compliance Branch, PR-11.1; Reference Docket No. CP00-036-000; Mail your comments so that they will be received in Washington, DC on or before February 4, 2000. [If you do not want to send comments at this time but still want to remain on our mailing list, you must return the Information Request (appendix 3). If you do not send comments or return the Information Request, you will be taken off the mailing list.] In addition to or in lieu of sending written comments, we invite you to attend the public scoping meetings the FERC will conduct in the project area. The locations and times for these meetings are listed below. [Note: the meeting in Oconomowoc, Wisconsin on January 25, 2000 will be a joint scoping meeting with the WIPSC which will be receiving public comments on the WGC Lateral Line Project.] Schedule of Public Scoping Meetings for the Guardian Pipeline Project Environmental Impact Statement Janaury 25, 2000, 7:00 PM Oconomowoc, Wisconsin, Olympia Conference Center, 1350 Royale Mile Road, (800) 558-9573 January 25, 2000, 7:00 PM Delavan, Wisconsin, Lake Lawn Lodge, 2400 East Geneva St., (800) 338-5253 Janaury 26, 2000, 7:00 PM DeKalb, Illinois, Northern Illinois University, Holmes Student Center, Normal & Lucinda Roads, (815) 753-1744 January 26, 2000, 7:00 PM Joliet, Illinois, Joliet Junior College, 1215 Houbolt Road, (815) 729-9020. The public meetings are designed to provide you with more detailed information and another opportunity to offer your comments on the proposed project. Guardian representatives will be present at the scoping meetings to describe their proposal. 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 Draft EIS. A transcript of each meeting will be made so that your comments will be accurately recorded. Site Visit On the dates of the meetings, we will also be conducting limited site visits to the project area. Anyone interested in participating in the site visit may contact the Commission's Office of External Affairs identified at the end of this notice for more details and must provide their own transportation. Becoming an Intervenor In addition to involvement in the EIS scoping process, you may want to become an official party to the proceeding or become 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 filings 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 Procedure (18 CFR 385.214) (see appendix 2). Only intervenors have the right to seek rehearing of the Commission's decision. The time period for filing of timely motions to intervene in this proceeding closes on December 28, 1999. If this date has passed, parties 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. [[Page 73040]] Additional information about the proposed project is available from Mr. Paul McKee of the Commission's Office of External Affairs at (202) 208-1088 or on the FERC website (www.ferc.fed.us) using the ``RAMS'' link to information in this docket number. Click on the ``RIMS'' link, select ``Docket #'' from the RIMS Menu, and follow the instructions. For assistance with access to RIMS, the RIMS helpline can be reached at (202) 208-2222. Similarly, the ``CIPS'' link on the FERC Internet website provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. From the FERC Internet website, click on the ``CIPS'' link, select ``Docket #'' from the CIPS Menu, and follow the instructions. For assistance with access to CIPS, the CIPS helpline can be reached at (202) 208-2474. Linwood A. Watson, Jr., Acting Secretary. [FR Doc. 99-33716 Filed 12-28-99; 8:45 am] BILLING CODE 6717-01-M