[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Notices]
[Page 40843-40845]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy08-43]
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DEPARTMENT OF AGRICULTURE
Forest Service
Kalispell Line Valve 5 to 6 Loop Natural Gas Pipeline Project,
Flathead National Forest, Flathead County, MT
AGENCY: Forest Service, USDA.
ACTION: Notice: Intent to prepare an Environmental Impact Statement.
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SUMMARY: The Forest Service will prepare an Environmental Impact
Statement (EIS) for a proposal by NorthWestern Energy (NWE) to
construct and operate a loop natural gas pipeline on the Hungry Horse
Ranger District of the Flathead National Forest. The new loop pipeline
would be installed underground and generally parallel Highway 2 and an
existing natural gas transmission line currently authorized to NWE
under a Forest Service special use permit (SUP). NWE proposes to
construct approximately 12 miles of 12-inch diameter steel pipe from an
existing natural gas valve station near Marias Pass on the Continental
Divide westward to another existing valve station near the junction of
Bear Creek and the Middle Fork Flathead River. The SUP would be amended
to include the new loop pipeline. The project area is approximately 25
miles SW of Browning, Montana and approximately 50 highway miles SE of
Columbia Falls, Montana.
DATES: Substantive comments regarding the proposal and the scope of the
analysis should be received in writing on or before July 31, 2008. The
draft EIS (DEIS) is expected to be filed with the Environmental
Protection Agency and made available for public review in October 2008.
When the DEIS is available a Notice of Availability (NOA) will be
published in the Federal Register. The final EIS (FEIS) is expected to
be published in February 2009.
ADDRESSES: Send written comments to Jimmy DeHerrera, District Ranger.
The mailing address is Hungry Horse Ranger District, P.O. Box 190340,
Hungry Horse, Montana 59919. Electronic comments may be e-mailed to
comments-northern-flathead-hungry-horse-glacier-view@fs.fed.us with
``Kalispell Line Valve 5 to 6 Loop Natural Gas Pipeline Project'' in
the subject line and must be submitted in MS Word (*.doc), rich text
format (*.rtf), or portable document format (*.pdf). Comments received
in response to this request will be available for public inspection and
will be released in their entirety if requested, pursuant to the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: David Ondov, Project Manager, Flathead
National Forest, 650 Wolfack Way, Kalispell, MT 59901, (406) 758-5364.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The purpose and need for this project is to increase capacity and
supply and to maintain reliable natural gas service to the Kalispell
and Flathead Valley area of northwestern Montana. The integrity of the
existing 10-inch diameter pipeline, constructed in 1962, is good, but
NWE projects that its capacity will be reached within two years due to
the continuing strong population growth in the Flathead Valley area.
The existing pipeline is the Flathead Valley's only source of natural
gas. During the past several years, the demand for natural gas has
increased in western Montana as a result of steady population and
economic growth. Kalispell, the largest town to be serviced by the
proposed pipeline, grew from a population of 11,917 in 1990 to 19,432
in 2006.
Proposed Action
The proposed action includes construction and the long-term
operation and maintenance of approximately 12 miles of 12-inch diameter
steel pipe from an existing natural gas valve station near Marias Pass
on the Continental Divide westward to another existing valve station
near the junction of Bear Creek and the Middle Fork Flathead River.
Approximately 11 miles of the new pipeline would be on National Forest
System land and one mile would be on private lands in the central
portion of the project area. The project area lies within the Hungry
Horse Ranger District of the Flathead National Forest.
The new loop pipeline would be installed underground and generally
parallel the existing natural gas pipeline that is currently authorized
under a SUP to NWE. NWE would attempt to build the new pipeline as
close as feasibly and technically possible to the existing line, but
may have to diverge in some locations due to terrain, BNSF railroad
tracks, highway right-of-way (ROW), environmental concerns, other
utilities, engineering needs, or other technical factors. A portion of
the new pipeline may need to be constructed in an inventoried roadless
area due to a combination of these factors.
The authorized ROW for the existing pipeline in this area is 50
feet wide. The proposed action would require up to an additional
temporary 50-foot wide working ROW to construct the new pipeline, with
a final 50-80 foot total long-term operational ROW. The proposed action
would, wherever possible, utilize the existing cleared, authorized 50
foot ROW to minimize the amount of new vegetation clearing and to
combine maintenance access points. Pipeline operations require that the
ROW remain free of heavy tree cover. Within the ROW, native forbs and
shrubs would be maintained for the lifespan of the pipeline. Noxious
weeds would be monitored and abated throughout the lifespan of the
authorized use. The total new area affected for the 11 miles of ROW on
National Forest land would be less than approximately 70 acres.
Underground installation would be conducted to comply with
Department of Transportation (49 CFR 192.327) and NWE standards.
Pipeline burial depths would allow for 42 inches of soil cover in
normal soil, 60 inches at stream crossings, and 48 inches near public
roads and railroads. Bedrock installations would be covered to a depth
of 30 inches.
Areas of temporary disturbance would include temporary use areas
for equipment and materials staging and construction access routes.
Some of these would be on private lands. Native grasses and herbaceous
plants would be restored in all areas where ground
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disturbance or vegetation removal occurs. Revegetation progress would
be monitored for two growing seasons or until 80% native cover is
achieved.
Two shed-sized structures and three above-ground pipe assemblies
would be constructed at the valve station at the west end of the
proposed project area. Federal pipeline inspection rules would require
long-term motorized and non-motorized maintenance access at selected
points along the pipeline route.
Construction of the loop pipeline would take approximately 90 to
120 days, depending on fire restrictions and other unforeseen delays.
After construction, NWE would utilize both the new 12-inch diameter
pipeline and the existing 10-inch diameter pipeline, with the pipelines
interconnecting at the valve stations to create a ``loop system.''
Looping pipelines has been shown to be a cost-effective method for
increasing system capacity.
A temporary special use construction permit would be issued to NWE
following completion of the EIS and a Record of Decision approving the
pipeline. Following construction planned for summer 2009, the existing
SUP would be amended to include the new loop pipeline.
More detailed scoping information and maps can be accessed on the
Flathead National Forest Internet site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/r1/flathead/.
Possible Alternatives
Alternative 1 is the no-action alternative. Alternative 2, the
proposed action described above, was developed by NWE to respond to the
purpose and need and may be modified for the draft EIS upon
consideration of field engineering studies during the summer of 2008. A
route that does not enter inventoried roadless areas may also be
included in another alternative. Other viable alternatives may be
developed by modifying the proposed action to respond to significant
issues identified during the public involvement and scoping process.
Responsible Official
The Responsible Official is the Forest Supervisor of the Flathead
National Forest, 650 Wolfpack Way, Kalispell, Montana 59901. The Forest
Supervisor will make a decision regarding this proposal considering the
comments and responses, environmental consequences discussed in the
final EIS, and applicable laws, regulations, and policies. The decision
and rationale for the decision will be documented in a Record of
Decision (ROD).
Nature of Decision To Be Made
The scope of this project is limited to decisions concerning
activities related to the construction and operation of a new natural
gas loop pipeline, as described earlier. The Forest Supervisor will
decide whether to authorize the construction and long-term operation of
the new loop pipeline with additional ROW. Related decisions may
address ancillary activities such as weed control and vegetation
monitoring on the pipeline ROW, access to the pipeline ROW, etc.
The Forest Supervisor will make decisions regarding this proposed
project only for National Forest System lands. Her decision will
determine whether a construction SUP is issued and the existing permit
is amended.
This EIS will tier to the Flathead National Forest Land and
Resource Management Plan and EIS of January 1986, and its subsequent
amendments, which provide overall guidance for land management
activities on the Flathead National Forest.
Scoping Process
The Forest Service is seeking input concerning comments and
concerns about this proposal from Federal, State, and local agencies,
Native American tribes, and other individuals and organizations that
may be interested in or affected by the proposed action. This input
will be used to identify issues and develop alternatives during
preparation of the EIS. Comments should be as specific as possible to
assist the Forest Service in this manner. In addition to the ongoing
public participation process, formal opportunities for public
participation will be provided upon publication of the DEIS.
Preliminary Issues
Preliminary issues and concerns that will likely be evaluated in
the EIS include potential effects of the proposed action related to the
following: Threatened or endangered species such as the grizzly bear,
lynx, and bull trout; inventoried roadless areas; motorized access;
noxious weeds; wetlands; scenic qualities; and sensitive plant and
animal species.
Permits or Licenses Required
The Forest Supervisor would authorize NWE to construct, maintain,
and use the new natural gas loop pipeline through the issuance of a
temporary construction SUP and amendment of the existing SUP.
NWE may need to obtain additional permits and approvals to
construct the pipeline. These could include: Section 404 Permit by the
U.S. Army Corps of Engineers; Section 106 National Historic
Preservation Act Concurrence issued by the State Historical
Preservation Office; National Pollutant Discharge Elimination System
General Construction Permit issued by Montana's Department of
Environmental Quality; Montana Joint Application for Proposed Work in
Streams, Lakes and Wetlands issued by the Montana Department of Natural
Resources and Conservation; and a Utility Crossing Permit issued by the
Montana Department of Transportation. A complete list of required
permits and authorizations will be included in the EIS.
Comment Requested
The Forest Service is seeking public and agency comment on the
proposed action in order to identify major issues to be analyzed in
depth and assistance in identifying potential alternatives to be
evaluated. Comments received on this notice, including the names and
addresses of those who comment, will be considered as part of the
public record on this proposed action and will be available for public
inspection. Comments submitted anonymously will be accepted and
considered; however, those who submit anonymous comments will not have
standing to appeal the subsequent decision under 36 CFR part 215.
Additionally, pursuant to 7 CFR 1.27(d), any person may request the
agency to withhold a submission from the public record by showing how
the Freedom of Information Act (FOIA) permits such confidentiality.
Persons requesting such confidentiality should be aware that, under the
FOIA, confidentiality may be granted in only very limited
circumstances, such as to protect trade secrets. The Forest Service
will inform the requester of the decision regarding the request for
confidentiality. Where the request is denied, the agency will return
the submission and notify the requester that the comments may be
resubmitted, without names and addresses, within a specified number of
days.
The comment period on the DEIS will be 45 days from the date the
Environmental Protection Agency publishes the notice of availability in
the Federal Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
DEIS must structure their participation in the environmental review of
the proposal so that it is meaningful and alerts an agency to the
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reviewer's position and contentions. Vermont Yankee Nuclear Power Corp.
v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that
could be raised at the DEIS stage but that are not raised until after
completion of the FEIS may be waived or dismissed by the courts. City
of Angoon v. Hodel, 803 F2.d 1016, 1022 (9th Circ. 1986) and Wisconsin
Heritages, Inc v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980).
Because of these court rulings, it is very important that those
interested in this proposed action participate by the close of the 45
day comment period so that substantive comments and objections are made
available to the Forest Service at a time when they can meaningfully
consider them and respond to them in the FEIS.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the DEIS should be as
specific as possible. It is also helpful if comments refer to specific
pages or chapters of the DEIS. Comments may also address the adequacy
of the DEIS or the merits of the alternatives formulated and discussed
in the statement. Reviewers may wish to refer to the Council on
Environmental Quality Regulations for implementing the procedural
provisions of the National Environmental Policy Act at 40 CFR 1503.3 in
addressing these points.
Dated: June 27, 2008.
Cathy Barbouletos,
Forest Supervisor--Flathead National Forest.
[FR Doc. E8-15828 Filed 7-15-08; 8:45 am]
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