North Alabama Pipeline Crossing of the Tennessee River and Use of Transmission Line Right-of-Way, Cullman, Limestone, and Morgan Counties, Alabama

Federal RegisterJan 28, 1999

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TENNESSEE VALLEY AUTHORITY

North Alabama Pipeline Crossing of the Tennessee River and Use of

Transmission Line Right-of-Way, Cullman, Limestone, and Morgan

Counties, Alabama

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Record of Decision and Adoption of Final Environmental Impact

Statement for the North Alabama Pipeline Project and the Final

Supplement to the Final Environmental Impact Statement for the Amended

North Alabama Pipeline Project prepared by the Federal Energy

Regulatory Commission (FERC).

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SUMMARY: This notice is provided in accordance with the Council on

Environmental Quality (CEQ) regulations (40 CFR 1500 to 1508) and TVA

procedures implementing the National Environmental Policy Act.

TVA has decided to concur with a right-of-way permit issued by the

U.S. Fish and Wildlife Service (FWS) for crossing of the Wheeler

National Wildlife Refuge in Limestone and Morgan Counties, Alabama. TVA

also may have to make a decision on requests made by the Southern

Natural Gas Company (hereinafter ``Southern'') for use of TVA's

existing rights of way along the Trinity-Cullman and Huntsville-Decatur

transmission lines in Cullman, Limestone, and Morgan Counties, Alabama.

The environmental impacts of the North Alabama Pipeline Project were

assessed in a 1997 Environmental Impact Statement (EIS) and 1998

Supplemental EIS prepared by FERC. TVA was a cooperating agency in the

preparation of the above two EISs. Under 40 CFR 1506.3(c) of the CEQ

Regulations, TVA has independently reviewed the two EISs prepared by

the Federal Energy Regulatory Commission and found them to be adequate,

and is herewith adopting them. TVA has also determined that the

alternatives considered in the two EISs and the decisions based on them

will fulfill the requirements of sections 101 and 102(1) of the

National Environmental Policy Act.

FOR FURTHER INFORMATION CONTACT: Harold M. Draper, NEPA Specialist,

Environmental Management, Tennessee Valley Authority, 400 West Summit

Hill Drive, WT 8C, Knoxville, Tennessee 37902-1499; telephone (423)

632-6889 or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

On January 25, 1996, Southern filed an application with FERC for a

Certificate of Public Convenience and Necessity under the Natural Gas

Act for authorization to construct, own, and operate a new natural gas

pipeline between Tuscaloosa and Huntsville within the state of Alabama.

The proposed pipeline would serve Huntsville (AL) Utilities, Decatur

(AL) Utilities, Marshall County (AL) Gas District, Dekalb-Cherokee

Counties (AL) Gas District, and Austell (GA) Gas System. Huntsville and

Decatur would be new customers of Southern. In order to provide gas

service to Huntsville, Southern needs to cross the Tennessee River on

lands formerly owned by TVA and transferred to the U.S. Fish and

Wildlife Service (FWS) for the Wheeler

[[Page 4487]]

National Wildlife Refuge. TVA needs to concur in FWS's right-of-way

permit. In addition, TVA may need to approve Southern's request to use

TVA transmission line right of ways between Trinity and Cullman

(pipeline mileposts 84 to 92) and between Huntsville and Decatur

(pipeline mileposts 115 to 120).

FERC issued a certificate for the proposed route on May 30, 1997.

The approved crossing of the Tennessee River and Wheeler National

Wildlife Refuge System lands was called the Triana Variation and was

located at Tennessee River Mile (TRM) 321. Subsequently, FWS informed

Southern that it would prefer a different route for the pipeline to

cross the refuge. Southern filed an application for an amended

certificate, and this was granted by FERC on October 28, 1998. The

revised approved route, called the I-65 Alternative, Variation Number

3, crosses the Tennessee River at TRM 309.5 and also follows the TVA

Decatur to Huntsville transmission line in Limestone County. The

revised pipeline route would extend 113 miles between Tuscaloosa and

Huntsville. FWS issued a National Wildlife Refuge System compatibility

determination and right-of-way permit on January 15, 1999. FWS has

requested that TVA concur with its right-of-way permit.

FERC issued a Notice of Intent to Prepare an EIS on February 26,

1996. A public scoping meeting was held on April 1, 1996. A Draft EIS

(DEIS) was issued in March 1997. Comments were received at public

hearings on April 2, 1997 at Cordova, Alabama and on April 3, 1997 at

Hartselle, Alabama. A total of 149 public hearing comments and letters

were received. As a cooperating agency, TVA commented on the DEIS. A

Final EIS, including responses to the comments received, was issued in

May 1997. Subsequent to the decision of FERC, one of the cooperating

agencies, FWS, informed Southern that it would prefer that the

Tennessee River be crossed at an existing utility or highway corridor,

if such a corridor could be directionally drilled. FWS requested that

existing corridors be tested before a crossing would be considered at

the certificated route (Tennessee River Mile 321). Southern

subsequently tested the I-65 corridor and determined that a directional

drill was feasible. Accordingly, Southern requested a certificate for

an alternative route (the I-65 Alternative). FERC issued a Draft

Supplemental EIS (DSEIS) on the I-65 Alternative in June 1998. A total

of 16 letters were received and 25 public hearing statements were

recorded at a public hearing on July 30, 1998 in Hartselle, Alabama. As

a cooperating agency, TVA commented on the DSEIS. A Final Supplemental

EIS, including responses to the comments received, was issued in

October 1998.

Alternatives Considered

The EIS and SEIS prepared by FERC considered use of other pipeline

systems (System Alternatives), Major Route Alternatives, and minor

variations of each major route alternative, in addition to No Action.

For the proposed crossing of the Tennessee River (the action that

requires TVA concurrence), FERC, FWS, and TVA considered two

alternatives in detail, Action and No Action. In addition, three minor

variations of the action alternative (designated Variation Numbers 1, 2

and 3) were analyzed in detail. The proposed I-65 Alternative (Action

Alternative) would follow Interstate 65 and cross the former TVA land

now in the Wheeler National Wildlife Refuge for 2.7 miles (70 to 90

foot wide construction right-of-way). The Tennessee River crossing

would be at Tennessee River Mile (TRM) 309.5, on the west side of I-65.

The river crossing would be underground and would involve a directional

drill.

Variation Number 1 would cross the Tennessee River on the east side

of I-65 and would be further from residences. Variation Number 2 would

be north of the Tennessee River in Limestone County, Alabama, and would

follow an existing TVA power line and pipeline rights of way to avoid

the crossing of forested wetlands associated with Beaverdam Creek.

Variation Number 3 would also be north of the Tennessee River in

Limestone County, and would follow an existing TVA power line and Old

Highway 20. It also would avoid forested wetlands associated with

Beaverdam Creek.

Several alternatives were considered but not analyzed in detail.

The White Springs Power Line Alternative would follow an existing power

line and would cross at TRM 307.5, involving 2.85 miles of former TVA

land in Wheeler National Wildlife Refuge and 1.1 miles of former TVA

land now in Point Mallard City Park. The crossing of the Tennessee

River and Flint Creek would be by open trench construction. Open trench

construction would have potential impacts on endangered and threatened

species. Because this alternative would have greater land requirements

and would involve open trench construction of the Tennessee River, this

alternative did not offer any environmental advantages that would merit

detailed analysis.

The Hudson Bridge Alternative would involve a crossing of the

Tennessee River at TRM 305. The crossing would be adjacent to the U.S.

31 bridge (Hudson Bridge) crossing. This route would involve crossing

2.7 miles of former TVA land and extensive urban area construction, in

addition to major open cut crossings of the Tennessee River and Flint

Creek. Because of the greater impact on densely populated areas and the

required open cut of the Tennesssee River, this alternative did not

offer any environmental advantages that would merit detailed analysis.

The Hartselle Alternative would involve crossing 0.8 miles of

former TVA land and 3 miles of current TVA land in the Swan Creek

Wildlife Management Area. It would also involve extensive urban area

construction, in addition to major open cut crossings of the Tennessee

River and Flint Creek. Because this alternative was twice as long as

the proposed route and would require open cut construction of the

Tennessee River, this alternative did not offer any environmental

advantages that would merit detailed analysis.

On October 28, 1998, FERC issued an order amending the certificate

for the North Alabama Pipeline Project. The certificate authorized

Southern to construct the pipeline along the I-65 alternative and

variation number 3.

Decision: TVA has decided to concur with the FWS right-of-way

easement allowing Southern to implement the I-65 Alternative, Variation

Number 3. In addition, TVA may also have to make a decision on any

request made by Southern to use TVA's Decatur to Huntsville

transmission line right-of-way in Limestone County (pipeline mileposts

115 to 120) and its Trinity to Cullman transmission line right-of-way

in Cullman and Morgan Counties (pipeline mileposts 84 to 92). In making

these decisions, TVA has carefully considered the environmental impacts

of a new pipeline corridor across the Tennessee River as well as the

comments of those who oppose the pipeline for environmental and other

reasons. TVA believes that with the choice of the I-65 crossing, the

use of directional drill, and the selection of variation Number 3 which

avoids forested wetlands, the environmental impacts of the proposal

have been reduced to insignificant levels.

Environmentally Preferable Alternative

Of the alternatives discussed in the EIS and SEIS, TVA has

determined that the No Action alternative would be environmentally

preferable. It would not, however, accomplish the applicant's and

FERC's goals of supplying additional natural gas at competitive rates

to Huntsville Utilities,

[[Page 4488]]

Decatur Utilities, Marshall County (AL) Gas District, Dekalb-Cherokee

Counties (AL) Gas District, Austell (GA) Gas System, or Cartersville

(GA) Utilities.

Environmental Consequences and Commitments

As a long, linear pipeline, the project generally follows existing

rights of way. About 40 percent of the proposed route is unforested and

would revert to its previous open land uses after pipeline

construction. However, forested lands would be cleared and maintained

in an unforested condition by the company through periodic maintenance

activities. Forested wetlands would be cleared in several places along

the 122-mile pipeline route. Approximately 37.67 acres of forested

wetlands would be cleared in Tuscaloosa, Fayette, Walker, Cullman,

Morgan, and Limestone Counties of Alabama. Of this, 24.22 acres would

be permanently maintained as cleared right-of-way. FWS and FERC have

adopted mitigation measures to avoid or minimize environmental harm.

TVA believes that the measures required by FERC in its October 28, 1998

order would substantially reduce the environmental impacts of this

project. These include detailed construction Best Management Practices,

use of environmental inspectors, completion of compliance with Section

106 of the National Historic Preservation Act, and surveys of caves for

Indiana and gray bats. Southern will comply with the following

measures:

In order to compensate for temporary and permanent wetland

impacts, Southern will purchase 185 acres of drained wetland in

Limestone County, Alabama (known as the Devaney Tract) adjacent to the

Wheeler National Wildlife Refuge and deed the tract to the FWS. The FWS

would restore wetland hydrology to approximately 105 acres and plant

hardwood trees on remaining acreage.

Southern will comply with measures required by FERC's

Order Amending Certificate and Denying Stay and Rehearing of October

28, 1998 (Docket Nos. CP96-153-002, 003 and 004) and FERC's May 30,

1997 Order Issuing Certificate and Denying Rehearing (Docket Nos. CP96-

153-000 and 002).

Dated: January 19, 1999.

Kathryn J. Jackson,

Executive Vice President, Resource Group.

[FR Doc. 99-2043 Filed 1-27-99; 8:45 am]

BILLING CODE 8120-08-U

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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