[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3674-3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00966]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP19-509-001]
Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Amended Marshall County Mine
Panel 19E and 20E Project and Request for Comments on Environmental
Issues
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 Marshall County Mine Panel 19E
and 20E Project (Project) involving construction and operation of
facilities by Texas Eastern Transmission, LP (Texas Eastern) in
Marshall County, West Virginia. The Commission will use this EA in its
decision-making process to determine whether the project is 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 about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity/authorization. NEPA also requires the Commission to discover
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 issues
to address in the EA. 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
February 12, 2020.
You can make a difference by submitting 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. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
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 this proposed
project 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 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, that approval conveys with it the right of
eminent domain. 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.
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 website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.
Public Participation
The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
For your convenience, 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 Documents and Filings. 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 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 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 following address. Be sure to reference the project docket number
(CP19-509-001) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.
Summary of the Proposed Project
Texas Eastern filed an amendment to its Abbreviated Application for
a Certificate of Public Convenience and Necessity and for Related
Authorizations for its proposed Marshall County Mine Panel 19E Project,
submitted on September 4, 2019 in Docket No. CP19-509-000. By this
Amendment, Texas Eastern requests authorization under the Natural Gas
Act, Section 7(c) to excavate, elevate, and replace certain segments of
its pipelines that traverse the Marshall County Coal Company's
(Marshall Coal) Mine Panels 19E and 20E, located in Marshall County,
West Virginia. This Amendment reflects activities related to both Mine
Panels 19E and 20E, and the construction activities proposed replace in
their entirety the construction activities proposed in the Application.
Texas Eastern proposes to excavate and elevate pipeline segments of
its Lines 10, 15, 25, and 30, that range from 30-inch to 36-inch-
diameter and to monitor stress and strain levels on the pipelines from
potential ground subsidence due to Marshall Coal's scheduled longwall
mining activities.
[[Page 3675]]
Concurrent with pipeline elevation, portions of Lines 10 and 15 would
be replaced with new pipe to accommodate a minimum Class 2 design.\1\
Texas Eastern would also perform maintenance activities on segments of
Lines 25 and 30. The four mainline segments will be returned to natural
gas service above ground, while remaining elevated using sandbags and
skids for the duration of Marshall Coal's longwall mining activities
and potential ground subsidence. Texas Eastern would reinstall the
elevated pipeline segments as soon as possible to minimize the length
of time that the segments are above ground, and to allow the right-of-
way to be restored to its pre-construction use in accordance with
landowner agreements.
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\1\ Lines 10 and 15 were installed prior to the Natural Gas
Pipeline Safety Act, and are grandfathered to operate at greater
than 72% of Specified Minimum Yield Strength. The portions of these
pipelines included in this Project will be replaced with pipe that
meets or exceeds the current Pipeline and Hazardous Materials Safety
Administration regulations. See 49 CFR 192.611(a) (2019).
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Marshall Coal recently informed Texas Eastern that longwall mining
activities for Mine Panel 20E may now begin as early as August of 2021.
As such, Texas Eastern would need to commence activities to protect its
pipelines that traverse Mine Panel 20E concurrent with planned
activities to protect its pipelines that traverse Mine Panel 19E
(longwall mining activities in Mine Panel 19E are anticipated to begin
in October 2020) in order to ensure timely stabilization of the
pipeline segments above ground for the duration of the longwall mining
activities scheduled to take place at both Mine Panels. Completion of
longwall mining activities and potential subsidence is anticipated in
December 2020 for Mine Panel 19E and in October 2021 for Mine Panel
20E. As such, Texas Eastern is seeking to amend the timing set forth in
the Application for completion of Project activities from October 2021
to October 2022, prior to the start of Texas Eastern's winter heating
season
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 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
Construction workspace would disturb about 34.2 acres of land for
the pipeline excavation, elevation, and/or replacement. Following
construction, Texas Eastern would maintain about 12.0 acres of existing
right-of-way for permanent operation of the project's facilities; the
remaining acreage would be restored and revert to former uses.
The EA Process
The EA 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;
water resources and wetlands;
vegetation and wildlife;
threatened and endangered species;
cultural resources;
land use;
air quality and noise;
public safety; and
cumulative impacts.
Commission staff 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 Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \3\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page 2.
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\3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\4\ 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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\4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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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 is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
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.\5\ The EA for this project 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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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. 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.
If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please 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.,
[[Page 3676]]
CP09-509). 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 www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.
Dated: January 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-00966 Filed 1-21-20; 8:45 am]
BILLING CODE 6717-01-P