[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Notices]
[Page 11709-11710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr09-29]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 11709]]
DEPARTMENT OF AGRICULTURE
Forest Service
Fremont Winema National Forests; Oregon; Proposed Forest Plan
Amendments for the Ruby Pipeline L.L.C. Project
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement
(FERC Ruby Pipeline Project) and request for comments on the proposed
forest plan amendments for the Fremont Land and Resource Management
Plan to be included in the Ruby Project.
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SUMMARY: The USDA Forest Service (Forest Service), Fremont Winema
National Forests, is proposing to prepare an amendment to the Fremont
National Forest Land and Resource Management Plan (Forest Plan) for the
proposed Ruby Pipeline Project (Project). The Federal Energy Regulatory
Commission (FERC) is the lead agency for this proposed natural gas
pipeline (Docket No. CP09-54-000). The staff of FERC is preparing an
Environmental Impact Statement (EIS) that will discuss the
environmental impacts that could result from the construction and
operation of a new underground natural gas pipeline proposed by Ruby
Pipeline, LLC (Ruby). The Project's proposed facilities consist of
675.2 miles of 42-inch-diameter natural gas pipeline, four new
compressor stations, and related facilities. The USDA Forest Service,
Fremont Winema National Forests is participating as a cooperating
agency because the Project traverses the Fremont Winema National
Forests in Oregon. As a cooperating agency, the U.S. Forest Service,
Fremont Winema National Forests intends to adopt the FERC EIS per Title
40 CFR 1506.3, to meet its National Environmental Policy Act (NEPA)
responsibilities.
FERC, as lead federal agency in the preparation of the EIS, is
preparing the EIS to satisfy the requirements of NEPA. NEPA requires
FERC to take into account the environmental impacts that could result
from an action when it considers whether or not an interstate natural
gas pipeline should be issued a Certificate of Public Convenience and
Necessity for construction of the pipeline. FERC will use the EIS to
consider the environmental impacts that could result if it issues
project authorizations. FERC will use the EIS in its decision-making
processes to determine whether or not to authorize the Project. FERC
initiated its pre-filing process on January 31, 2008 and issued a
Notice of Intent (NOI) to prepare an EIS for this Project on September
26, 2008.
The USDA Forest Service will use the EIS to evaluate the proposed
amendments to the Fremont Forest Plan and for any forest plan amendment
decisions made subsequently should FERC authorize this Project. The
Forest Service has determined that an amendment to the Fremont Forest
Plan would be needed because the Project would not meet the plan
Standards and Guidelines for soil disturbance, visual quality,
mechanical disturbance in seeps and springs, and old growth management.
Analysis of the effects of the amendment will be included in the FERC
EIS. This notice announces the intention to prepare an amendment to the
Fremont Forest Plan.
DATES: Comments concerning the scope of the analysis must be received
by April 20, 2009. The draft environmental impact statement is expected
in June, 2009 and the final environmental impact statement is expected
in October 2009.
ADDRESSES: Send written comments to Glen Westlund, Forest Environmental
Coordinator, 2819 Dahlia Street, Klamath Falls, OR 97601. Comments may
also be sent via e-mail to comments-pacificnorthwest-fremont-
winema@fs.fed.us, or via facsimile to 541-883-6709.
It is important that reviewers provide their comments at such times
and in such a way that they are useful to the Agency's preparation of
the EIS. Therefore, comments should be provided prior to the close of
the comment period and should clearly articulate the reviewer's
concerns and contentions. The submission of timely and specific
comments can affect a reviewer's ability to participate in subsequent
administrative review or judicial review.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be part of the public record
for this proposed action. Comments submitted anonymously will be
accepted and considered; however, anonymous comments will not provide
the respondent with standing to participate in subsequent
administrative review or judicial review.
FOR FURTHER INFORMATION CONTACT: Glen Westlund; Phone 541-883-6743; e-
mail at gwestlund@fs.fed.us; or by mail at the above address.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
If the Ruby Pipeline is approved and constructed there will be a
need to exempt the construction activity from several standards and
guidelines found in the Fremont National Forest Land and Resource
Management Plan (Forest Plan) or to relocate a management area. The
route of the pipeline crosses east-west through the forest and could
not avoid passing through portions of Management Areas: 6--Scenic; 14--
Old Growth; and 15--Fish and Wildlife Habitat and Water Quality as well
as portions of soil capability areas 1, 2, 3 and scabland portions of
capability area 13 covered by general forest standards and guidelines.
Resource protection was considered in the route location and the
current route reflects resource concerns like avoiding special interest
areas in MA 7 or inventoried roadless areas. The general forest
standard and guideline for detrimental soil conditions would not be met
because equipment activity would be confined to the clearing limits,
causing more than 20 percent of soil in the activity area to be
detrimentally impacted. For the construction to occur, the Forest Plan
will need amending.
Proposed Action
Approximately 14 miles of right-of-way (ROW) will be located on the
Fremont National Forest disturbing about 328 acres, including temporary
[[Page 11710]]
storage and staging areas. Ruby is proposing to use a 115 foot wide
construction right-of-way with a 50 foot wide permanent ROW over the
top of the pipeline. All work sites would be restored. The following
Forest Plan amendments are proposed:
1. General Forest Plan Standard and Guideline for Soils Management,
Forest Plan pages 80 to 81. Add item (5) under the Operational
Considerations for Surface Soil Condition which says: During and
immediately after construction of the Ruby Pipeline the soil conditions
within the activity area (construction right-of-way) will be permitted
to exceed the 20 percent standard and guideline for detrimental soil
condition. The implementation of Ruby's Upland Erosion, Revegetation
and Mitigation Plan would reduce erosion impacts and minimize impacts
to soil productivity.
2. General Forest Standard and Guideline for Soils Management,
Forest Plan pages 83 and 84. Add a statement under item 4, operational
considerations ``During installation of the Ruby pipeline exposed
mineral soil standards displayed in Table 21 will be exceeded; however
with the extra mitigation proposed in Ruby's Upland Erosion,
Revegetation and Mitigation Plan, these standards would be achieved.''
3. Management Area 6--Scenic Viewsheds: The pipeline crosses
through a portion of Management Area 6 when it crosses FR 3915; the
area has a VQO of foreground retention and middleground partial
retention. Item B will be added to Land Uses on Forest Plan page 154:
B. The cleared corridor needed to install the Ruby pipeline will not
immediately meet VQO objectives of retention and partial retention.
Mitigation measures, including vegetation management and restoration
actions, will occur to move the construction corridor toward current
visual quality objectives over an extended timeframe.
4. Management Area 14--Old Growth habitat: The pipeline crosses
through a stand of dedicated old growth. The best stands either meeting
or soon to meet old growth standards will be designated as replacement.
5. Management Area 15--Fish and Wildlife Habitat and Water Quality:
The crossing of seeps and springs is expected to be uncommon. The
pipeline is known to cross one seasonal seep. The following statement
will be added under Seeps and Springs, management treatments on Forest
plan page 204. (d) Construction equipment necessary to install the Ruby
pipeline will be permitted in the area of seeps and springs.
Implementation of Ruby's Upland Erosion, Revegetation and Mitigation
Plan and special construction measures would minimize impacts.
Responsible Official
The responsible official of the Forest Plan amendments will be the
Forest Supervisor of the Frement Winema National Forests.
Nature of Decision To Be Made
Determine what forest plan standards and guideline would need to be
amended to allow the construction of the Ruby pipeline if FERC approves
the project. These amendments would apply only to Ruby pipeline and are
expected to be limited in scope.
Scoping Process
This notice of intent initiates the scoping process for the forest
plan amendment. The decision will be tiered to the analysis contained
in the FERC EIS for the Ruby Pipeline Project. FERC has already
performed the scoping process for the EIS. This NOI is to inform about
the Fremont Winema National Forest's need to amend the Fremont Forest
Plan, which did not get included in the original FERC NOI scoping
period for the Ruby Project. A scoping letter will be mailed to those
currently on the Forests' mailing list. No other methods of scoping
will be used. The Fremont Forest Plan can be found on the Forests' Web
page at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/r6/frewin/projects/forestplan/index.shtml.
Comments should be focused on the forest plan amendments and not about
the decision whether to construct the pipeline or not. There will be
another opportunity to comment on the construction aspect when the DEIS
is available in June 2008.
It is important that reviewers provide their comments at such times
and in such manner that they are useful to the agency's preparation of
the environmental impact statement. Therefore, comments should be
provided prior to the close of the comment period and should clearly
articulate the reviewer's concerns and contentions. The submission of
timely and specific comments can affect a reviewer's ability to
participate in subsequent administrative appeal or judicial review.
March 11, 2009.
Karen Shimamoto,
Forest Supervisor.
[FR Doc. E9-5989 Filed 3-18-09; 8:45 am]
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