Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices

Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[FERC Docket No. PF06–4–000, BLM

Reference No. AZA–33350]

Transwestern Pipeline Company, LLC;

Notice of Intent To Prepare an

Environmental Impact Statement and

Proposed Land Use Plan Amendment

for the Proposed Phoenix Expansion

Project, Request for Comments on

Environmental Issues, and Notice of

Public Scoping Meetings

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February 6, 2006.

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 Transwestern Pipeline

Company, LLC’s (Transwestern)

proposed Phoenix Expansion Project.

This notice explains the scoping process

that will be used to gather input from

the public and interested agencies on

the project. Your input will help

determine which issues need to be

evaluated in the EIS. Please note that

the scoping period for the project will

close on March 8, 2006.

Comments may be submitted in

written form or verbally. In lieu of or in

addition to sending written comments,

you are invited to attend the public

scoping meetings that have been

scheduled in the project area. These

meetings are scheduled for February 27,

2006 in Black Canyon City, Arizona;

February 28, 2006 in Casa Grande,

Arizona; March 1, 2006 in Prescott

Valley, Arizona; and March 2, 2006 in

Avondale, Arizona. Further instructions

on how to submit comments and

additional details of the public scoping

meetings are provided in the public

participation section of this notice.

The FERC will be the lead Federal

agency for the preparation of the EIS.

The document will satisfy the

requirements of the National

Environmental Policy Act (NEPA) and

will be used by the FERC to consider the

environmental impacts that could result

if it issues Transwestern a Certificate of

Public Convenience and Necessity

under section 7 of the Natural Gas Act.

The Bureau of Land Management

(BLM) is participating as a cooperating

agency in the preparation of the EIS

because the project would cross Federal

land under the jurisdiction of the

Farmington Field Office in New Mexico

and the Hassayampa and Lower

Sonoran Field Offices within the

Phoenix District Office in Arizona. The

U.S. Department of Agriculture, Forest

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Service (FS) is participating as a

cooperating agency in the preparation of

the EIS because the project would cross

the Kaibab and Prescott National

Forests. The U.S. Army Corps of

Engineers (COE) is also participating as

a cooperating agency in the preparation

of the EIS to satisfy its NEPA

responsibilities under section 404 of the

Clean Water Act.

Under section 185(f) of the Mineral

Leasing Act of 1920, the BLM has the

authority to issue Right-of-Way Grants

for all affected Federal lands. This

would be in accordance with Title 43

Code of Federal Regulations (CFR) parts

2800 and 2880, subsequent 2800 and

2880 Manuals, and Handbook 2801–1.

As a cooperating agency, the BLM

would adopt the EIS per Title 40 CFR

1506.3 to meet its responsibilities under

NEPA in considering Transwestern’s

application for a Right-of-Way Grant

and Temporary Use Permit for the

portion of the project on Federal land,

including the Kaibab and Prescott

National Forests. The concurrence or

non-concurrence of the FS would be

considered in the BLM’s decision as

well as impacts on resources and

programs and the proposed project’s

conformance with land use plans.

The BLM is currently in the process

of preparing a new resource

management plan (Agua Fria National

Monument and Bradshaw-Harquahala

Resource Management Plan and

Environmental Impact Statement) for

the Phoenix District Office that would

modify the currently designated utility

corridor. It is not expected, however,

that the plan would be finalized before

the environmental review process for

the Phoenix Expansion Project is

completed. Therefore, for the proposed

project, the EIS will be used by the BLM

to consider amending the current

Phoenix Resource Management Plan

(approved September 29, 1989), which

would be necessary for any pipeline

construction outside of a designated

utility corridor. Additional discussion

of the BLM’s plan amendment process

is presented later in this notice.

With this notice, the staffs of the

FERC, BLM, FS, and COE (Agency

Staffs) are asking other 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

Transwestern’s proposal relative to their

responsibilities. Agencies that would

like to request cooperating status should

follow the instructions for filing

comments described later in this notice.

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This notice is being sent to affected

landowners; Federal, state, and local

government agencies; elected officials;

environmental and public interest

groups; Native American tribes; other

interested parties; and local libraries

and newspapers. The Agency Staffs

encourage government representatives

to notify their constituents of this

planned project and encourage them to

comment on their areas of concern.

If you are a landowner receiving this

notice, you may be contacted by a

Transwestern 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 FERC, 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?’’ is available for viewing on

the FERC Internet Web site (http://

www.ferc.gov). This fact sheet addresses

a number of typically asked questions,

including the use of eminent domain

and how to participate in the FERC’s

proceedings.

Summary of the Proposed Project

Transwestern has announced its

intention to expand its existing system

by constructing new pipeline facilities

in San Juan and McKinley Counties,

New Mexico, and Yavapai, Coconino,

Maricopa, and Pinal Counties, Arizona.

The project would involve the

construction of the Phoenix Lateral

consisting of approximately 260 miles of

36-inch-diameter lateral 1 pipeline and

ancillary facilities from the existing

mainline in Yavapai County, Arizona to

delivery points in the Phoenix, Arizona

area. For the majority of the route, the

pipeline would be collocated with

utility and transportation corridors.

Transwestern would also construct

approximately 25 miles of 36-inchdiameter pipeline in two loops 2 along

its existing San Juan Lateral: Loop A is

an approximately 16-mile-long loop in

McKinley County, New Mexico; Loop B

is an approximately 9-mile-long loop in

1 A lateral pipeline typically takes gas from the

main system to deliver it to a customer, local

distribution system, or another interstate

transmission system.

2 A loop is a segment of pipeline that is usually

adjacent to an existing pipeline and connected to

it at both ends. The loop allows more gas to be

moved through the system.

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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices

San Juan County, New Mexico. Nearly

100 percent of the proposed loop

pipeline route would parallel

Transwestern’s existing pipeline system.

Figures of the proposed facilities are

provided in Appendix 1.3

The proposed project would also

include construction of three customer

laterals, ranging in length from 0.1 mile

to 1.5 miles, to deliver natural gas from

the Phoenix Lateral to side taps and

meter stations associated with major

delivery points. One customer lateral

would be located in Maricopa County,

Arizona (24-inch-diameter pipeline) and

two customer laterals would be located

in Pinal County, Arizona (16-inchdiameter pipelines). In addition,

Transwestern would add compression at

its existing Compressor Station 4 near

Klagetoh, Arizona; construct a new

aboveground facility at the intersection

of its existing mainline and the Phoenix

Lateral, approximately 1 mile southeast

of Ash Fork, Arizona (Ashfork Facility);

and construct various mainline valves

and pig 4 launcher and receiver facilities

in New Mexico and Arizona.

Transwestern proposes to begin

construction of the expansion project in

July 2007, with a projected in-service

date of April 2008.

foot-wide construction right-of-way. At

certain locations (e.g., road, railroad,

and waterbody crossings), extra

workspaces would be required.

Transwestern would retain a 50-footwide permanent right-of-way for the

pipeline.

Land Requirements

Construction of Transwestern’s

proposed pipeline and aboveground

facilities would require about 5,680

acres of land, including land

requirements for the nominal

construction right-of-way, temporary

extra work areas, access roads, pipe and

contractor yards, and aboveground

facilities. Following construction, about

1,680 acres would be retained as

permanent right-of-way for the pipeline

and operation of the aboveground

facility sites. The remaining 4,000 acres

would be restored and allowed to revert

to its former use.

Aboveground Facilities

The activities at Compressor Station 4

would occur within the existing fenced

property. Transwestern’s mainline

valves and pig launcher and receiver

facilities would generally be constructed

within the permanent pipeline right-ofway and would not require additional

permanent right-of-way. The Ashfork

Facility would be located within an

approximate 2-acre parcel.

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Phoenix Lateral

The 36-inch-diameter Phoenix Lateral

would generally be installed adjacent to

and within existing utility and

transportation corridors within a 1003 The appendices referenced in this notice are not

being printed in Federal Register. Copies (including

maps) are available on the Commission’s Internet

Web site (http://www.ferc.gov) at the ‘‘eLibrary’’

link or from the Commission’s Public Reference

Room at (202) 502–8371. For instructions on

connecting to eLibrary, refer to the end of this

notice. Copies of the appendices were sent to all

those receiving this notice in the mail. Requests for

detailed maps of the proposed facilities should be

made directly to Transwestern by calling its

Phoenix Right-of-Way toll-free at 1–888–998–1764

or (602) 298–1764.

4 A pig is an internal tool that can be used to

clean and dry a pipeline and/or to inspect it for

damage or corrosion.

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San Juan Lateral Loops

The 36-inch-diameter San Juan

Lateral Loops would generally be

installed parallel to and 25 feet from

Transwestern’s existing pipeline within

a 100-foot-wide construction right-ofway. In most areas Transwestern would

require 25 feet of new permanent rightof-way. The construction right-of-way

would consist of all or part of the new

and existing permanent right-of-way

plus 50 feet of temporary workspace. In

some areas the loops would be

separated from the existing pipeline due

to the presence of foreign pipelines or

other obstacles.

Customer Laterals

The 24-inch- and 16-inch-diameter

customer laterals would generally be

installed within a 100-foot-wide

construction right-of-way. Transwestern

would retain a 50-foot-wide permanent

right-of-way for the laterals.

The EIS Process

NEPA requires the FERC 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. The

EIS will give the Agency Staffs the

information needed to do that.

Although no formal application has

been filed, the Agency Staffs have

already initiated a NEPA review under

the FERC’s Pre-Filing Process, which

was established in Docket No. RM05–

31–000 and Order No. 665. The purpose

of the Pre-Filing Process is to seek

public and agency input early in the

project planning phase and encourage

involvement by interested stakeholders

in a manner that allows for the early

identification and resolution of

environmental issues. The BLM, the FS,

and the COE have agreed to conduct

their reviews in conjunction with the

FERC’s Pre-Filing Process. The Agency

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Staffs will work with all interested

stakeholders to identify and attempt to

address issues before Transwestern files

its application with the FERC. A

diagram depicting the environmental

review process for the proposed project

is attached to this notice as Appendix 2.

As part of the Pre-Filing Process

review, FERC staff representatives

participated in public open houses

sponsored by Transwestern in the

project area on January 9–12, 2006 and

January 25, 2006 to explain the

environmental review process to

interested stakeholders and take

comments about the project. In February

and March 2006, the Agency Staffs plan

to continue their Pre-Filing Process

review by conducting interagency

scoping meetings in the project area to

solicit comments and concerns about

the project from other jurisdictional

agencies.

By this notice, the Agency Staffs are

formally announcing their preparation

of the EIS and requesting agency and

public comments to help focus the

analysis in the EIS on the potentially

significant environmental issues related

to the proposed action. If you provide

comments at an interagency scoping

meeting, you do not need to resubmit

the same comments in response to this

notice.

The Agency Staffs’ independent

analysis of the issues will be included

in a draft EIS. The draft EIS will be

mailed to Federal, state, and local

government agencies; elected officials;

environmental and public interest

groups; Native American tribes; affected

landowners; other interested parties;

local libraries and newspapers; and the

FERC’s official service list for this

proceeding. It is currently expected that

a 90-day comment period will be

allotted for review of the draft EIS to

comply with the BLM’s plan

amendment process regulations. If,

however, the Agua Fria National

Monument and Bradshaw-Harquahala

Resource Management Plan and

Environmental Impact Statement

referred to above has been finalized by

the time the draft EIS is issued, a 45-day

comment period will be allotted. The

Agency Staffs will consider all timely

comments on the draft EIS and revise

the document, as necessary, before

issuing a final EIS.

The BLM’s Plan Amendment Process

As discussed above, the BLM will use

the EIS to consider amending the

Phoenix Resource Management Plan.

Publication of this notice formally

initiates the plan amendment process

and begins the scoping process.

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The BLM regulations in Title 43 CFR

part 1600 and the NEPA process

detailed in the Council on

Environmental Quality regulations in

Title 40 CFR parts 1500–1508 guide

preparation of plan amendments. The

process is tailored to the anticipated

level of public interest and potential for

significant impacts.

Plan amendments (see Title 43 CFR

part 1610.5–5) change one or more of

the terms, conditions, or decisions of an

approved land use plan. These

decisions may include those relating to

desired outcomes; measures to achieve

desired outcomes, including resource

restrictions; or land tenure decisions.

Plan amendments are required to

consider any proposal or action that

does not conform to the plan.

An applicant may request that the

BLM amend the land use plan to allow

an otherwise non-conforming proposal.

The amendment and any

implementation actions (i.e., granting

the Right-of-Way and Temporary Use

Permit) may be considered together.

However, at the decision stage, the land

use plan decisions must be separated

from the implementation decisions.

Additional information regarding the

plan amendment process can be found

in the BLM’s Land Use Planning

Handbook (http://www.blm.gov/nhp/

200/wo210/landuse_hb.pdf).

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Currently Identified Environmental

Issues

The EIS will discuss impacts that

could occur as a result of the

construction and operation of the

proposed project. The Agency Staffs

have already identified a number of

issues and alternatives that they think

deserve attention based on a

preliminary review of the proposed

facilities, the environmental information

provided by Transwestern, and the

scoping comments received to date.

This preliminary list of issues and

alternatives may be changed based on

your comments and the Agency Staffs’

additional analysis.

• Geology and Soils:

—Assessment of potential geological

hazards.

—Effect on prime farmland soils.

—Desert construction and erosion

control.

—Right-of-way restoration and

revegetation in an arid environment.

—Evaluation of noxious weed control.

—Need for a rock disposal plan.

—Construction in steep terrain,

including blasting.

• Water Resources:

—Impact of dry crossings of irrigation

canals and drains.

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—Impact of open-cut crossings of dry

washes.

—Impact on wetland hydrology and

assessment of wetland mitigation

options.

—Effect of pipeline crossings on

perennial and intermittent

waterbodies.

—Assessment of alternative waterbody

crossing methods.

—Assessment of hydrostatic test water

sources and discharge locations.

—Effects on the wild and scenic river

characteristics of the Verde River.

• Fish, Wildlife, and Vegetation:

—Effect on coldwater and sensitive

fisheries.

—Effect on wildlife resources and their

habitat.

—Effect on migratory birds.

—Assessment of construction time

window restrictions.

—Effect on riparian vegetation.

—Assessment of measures to

successfully revegetate the right-ofway.

• Special Status Species:

—Potential effect on federally listed or

proposed species.

—Potential effect on state-listed

sensitive species.

• Cultural Resources:

—Effect on historic and prehistoric

sites, including the high

concentration of cultural resources

along the Black Canyon portion of the

project.

—Native American and tribal concerns,

including impacts on traditional

cultural properties.

• Land Use, Recreation and Special

Interest Areas, and Visual Resources:

—Impacts on the Agua Fria and Sonoran

Desert National Monuments.

—Impacts on agricultural land and

residences.

—Future residential growth.

—Amendment to the Phoenix Resource

Management Plan.

—Impacts associated with contaminated

sites.

—Visual impacts.

—Off-highway vehicle impacts on

public lands.

• Socioeconomics:

—Effects on transportation and traffic.

—Effects of construction workforce

demands on public services and

temporary housing.

• Air Quality and Noise:

—Effects on local air quality and noise

environment from construction and

operation of the proposed facilities.

• Reliability and Safety:

—Assessment of hazards associated

with natural gas pipelines.

• Alternatives:

—Assessment of existing systems and

alternative routes to reduce or avoid

environmental impacts.

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—Deviations from a designated utility

corridor.

• Cumulative Impact:

—Cumulative impact of multiple

utilities.

—Assessment of the effect of the

proposed project when combined

with other past, present, or future

actions in the same region.

Public Participation

You are encouraged to become

involved in this process and provide

your specific comments or concerns

about Transwestern’s proposal. Your

comments should focus on the potential

environmental effects, reasonable

alternatives, and measures to avoid or

lessen environmental impacts. The more

specific your comments, the more useful

they will be. To expedite the Agency

Staffs’ receipt and consideration of your

comments, electronic submission of

comments is strongly encouraged. See

Title 18 CFR 385.2001(a)(1)(iii) and the

instructions on the FERC Internet Web

site (http://www.ferc.gov) under the

eFiling link and the link to the User’s

Guide. Before you can submit comments

you will need to create a free account by

clicking on ‘‘Sign-up’’ under ‘‘New

User.’’ You will be asked to select the

type of submission you are making. This

type of submission is considered a

‘‘Comment on Filing.’’ Comments

submitted electronically must be

submitted by March 8, 2006.

If you wish to mail comments, please

mail your comments so that they will be

received in Washington, DC on or before

March 8, 2006 and carefully follow

these instructions:

Send an original and two copies of

your letter to:

• Magalie R. Salas, Secretary, Federal

Energy Regulatory Commission, 888

First Street, NE., Room 1A, Washington,

DC 20426;

• Label one copy of your comments

for the attention of Gas 2, DG2E; and

• Reference Docket No. PF06–4–000

on the original and both copies.

The public scoping meetings are

designed to provide another opportunity

to offer comments on the proposed

project. 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 EIS. A

transcript of the meetings will be

generated so that your comments will be

accurately recorded. All meetings will

begin at 7 p.m. (MST), and are

scheduled as follows:

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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices

Date

Location

Monday, February 27, 2006 .....................................................................

Albins Civic Center, Black Canyon Community Association, 19055 East

K-Mine Road, Black Canyon City, AZ 85324, (623) 374–5553.

Holiday Inn-Copper/Cotton Room, 777 North Pinal Avenue, Casa

Grande, AZ 85222, (520) 426–3500.

Central Arizona Seniors Association, 9360 East Manzanita Circle,

Prescott Valley, AZ 86314, (928) 772–3337.

Estrella Mountain Community College, North Community Room, 3000

North Dysart Road, Avondale, AZ 85323, (623) 935–8493.

Tuesday, February 28, 2006 ....................................................................

Wednesday, March 1, 2006 .....................................................................

Thursday, March 2, 2006 .........................................................................

rmajette on PROD1PC67 with NOTICES

Environmental Mailing List

Everyone who responds to this notice

or provides comments throughout the

EIS process will be retained on the

mailing list. If you do not want to send

comments at this time but still want to

stay informed and receive copies of the

draft and final EISs, you must return the

Mailing List Retention Form (Appendix

3). If you do not send comments or

return the Mailing List Retention Form

asking to remain on the mailing list, you

will be taken off the mailing list.

Availability of Additional Information

Additional information about the

Project is available from the FERC’s

Office of External Affairs at 1–866–208–

FERC or on the FERC Internet Web site

(http://www.ferc.gov) using the eLibrary

link. Click on the eLibrary link, click on

‘‘General Search,’’ and enter the docket

number excluding the last three digits in

the Docket Number field. Be sure you

have selected an appropriate date range.

For assistance, please contact FERC

Online Support at

FERCOnlineSupport@ferc.gov or toll

free at 1–866–208–3676, or for TTY,

contact (202) 502–8659. The eLibrary

link on the FERC Internet Web site also

provides access to the texts of formal

documents issued by the Commission,

such as orders, notices, and rule

makings.

In addition, the FERC now offers a

free service called eSubscription that

allows you to keep track of all formal

issuances and submittals in specific

dockets. This can reduce the amount of

time you spend researching proceedings

by automatically providing you with

notification of these filings, document

summaries, and direct links to the

documents. To register for this service,

go to the eSubscription link on the

FERC Internet Web site.

Information concerning the proposed

land use plan amendment and the

involvement of the BLM in the EIS and

plan amendment process may be

obtained from Mark Mackiewicz, PMP,

Project Manager, at (435) 636–3616.

Information concerning the

involvement of the FS in the EIS may be

obtained from Chip Ernst at (928) 635–

8317 or Tom Mutz at (928) 635–5661

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14:46 Feb 13, 2006

Jkt 208001

(Kaibab National Forest) or from Vicki

Clay at (928) 443–8013 or Ken Simeral

at (928) 443–8010 (Prescott National

Forest).

Finally, Transwestern has established

an Internet Web site for its project at

http://www.crosscountryenergy.com/

about/tw.shtml. The Web site includes a

description of the project,

Transwestern’s answers to frequently

asked questions, and links to related

documents. Transwestern will continue

to update its Web site with information

about the project. You can also request

additional information by calling

Transwestern directly at its Phoenix

Right-of-Way Office toll-free at 1–888–

998–1764 or (602) 298–1764.

Magalie R. Salas,

Secretary.

[FR Doc. E6–2028 Filed 2–13–06; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project No. 9184–013]

Flambeau Hydro, LLC; Notice of

Application Ready for Environmental

Analysis and Soliciting Comments,

Recommendations, Terms and

Conditions, and Prescriptions

February 7, 2006.

Take notice that the following

hydroelectric license application has

been filed with the Commission and is

available for public inspection.

a. Type of Application: Subsequent

License.

b. Project No.: P–9184–013.

c. Date Filed: June 10, 2005.

d. Applicant: Flambeau Hydro, LLC.

e. Name of Project: Danbury

Hydroelectric Project.

f. Location: Located on the Yellow

River in Burnett County, Wisconsin.

This project does not occupy federal

lands.

g. Filed Pursuant to: Federal Power

Act 16 U.S.C. 791 (a)–825(r).

h. Applicant Contact: Scott Klabunde,

North American Hydro, Inc., P.O. Box

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167, Neshkoro, WI 54960; 920–293–

4628 ext. 14.

i. FERC Contact: Timothy Konnert,

(202) 502–6359,

timothy.konnert@ferc.gov.

j. Deadline for filing comments,

recommendations, terms and

conditions, and prescriptions: 60 days

from the issuance date of this notice;

reply comments are due 105 days from

the issuance date of this notice.

All documents (original and eight

copies) should be filed with: Magalie R.

Salas, Secretary, Federal Energy

Regulatory Commission, 888 First

Street, NE, Washington, DC 20426.

The Commission’s Rules of Practice

and Procedure require all intervenors

filing documents with the Commission

to serve a copy of that document on

each person whose name appears on the

official service list for the project.

Further, if an intervenor files comments

or documents with the Commission

relating to the merits of an issue that

may affect the responsibilities of a

particular resource agency, they must

also serve a copy of the document on

that resource agency.

Comments, recommendations, terms

and conditions, and prescriptions may

be filed electronically via the Internet in

lieu of paper. The Commission strongly

encourages electronic filings. See CFR

385.2001 (a)(1)(iii) and the instructions

on the Commission’s Web site (http://

www.ferc.gov) under the ‘‘eFiling’’ link.

k. This application has been accepted,

and is ready for environmental analysis

at this time.

l. The existing Danbury Project

consists of: (1) A 35-foot-high concrete

dam with a 48-foot-wide spillway with

three sections, each of which is

equipped with 7-foot-high slide gates;

(2) a 300-foot-long earthen dike

connecting to the right side of the

concrete dam; (3) a powerhouse (Plant

1) integral to the dam containing a 176kW turbine generating unit and a 300kW turbine generating unit; (4) a 255acre reservoir with a negligible net

storage capacity at a water surface

elevation of 929.21 feet NGVD from

April through October and 928.11 feet

NGVD from November through March;

(5) a 2,500-foot-long power canal that

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