Notice2022-16589
Northern Natural Gas Company; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Northern Lights 2023 Expansion Project, Request for Comments on Environmental Issues, and Schedule for Environmental Review
Primary source
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Published
August 3, 2022
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 87 Issue 148 (Wednesday, August 3, 2022)</title>
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[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Pages 47406-47409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16589]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP22-138-000]
Northern Natural Gas Company; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Northern Lights 2023
Expansion Project, Request for Comments on Environmental Issues, and
Schedule for Environmental Review
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 the Northern Lights 2023
Expansion Project (Project) involving construction and operation of
facilities by Northern Natural Gas Company (Northern) in Freeborn,
Scott, Sherburne, Stearns, and Washington Counties, Minnesota, and
Monroe County, Wisconsin. The Commission will use this EIS in its
decision-making process to determine whether the Project is in the
public convenience and necessity. The schedule for preparation of the
EIS is discussed in the Schedule for Environmental Review section of
this notice.
As part of the National Environmental Policy Act (NEPA) review
process, the Commission takes into account concerns the public may have
about proposals and the environmental impacts that could result
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on May 17, 2022 in Docket No. CP22-
138-000, the Commission opened a scoping period to solicit comments.
Subsequent to issuance of that notice, Commission staff has determined
that it will prepare an EIS for the Project. The EIS will address the
concerns raised during the initial scoping process as well as comments
received in response to this notice.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. 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 August 29, 2022. Comments may be submitted in
written form. Further details on how to submit comments are provided in
the Public Participation section of this notice.
As mentioned above, the Commission opened a scoping period which
expired on June 17, 2022; however, Commission staff continued to accept
comments after the comment period closed. All substantive written and
oral comments provided will be addressed in the EIS. Therefore, if you
submitted comments on this Project to the Commission during the
previous scoping period, you do not need to file those comments again.
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, the Natural Gas Act conveys the right of eminent
domain to the company. 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. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
Northern 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?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the Natural Gas Questions or Landowner Topics link.
Public Participation
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
<a href="/cdn-cgi/l/email-protection#e6a0839485a9888a8f8883b5939696899492a680839485c8818990"><span class="__cf_email__" data-cfemail="bdfbd8cfdef2d3d1d4d3d8eec8cdcdd2cfc9fddbd8cfde93dad2cb">[email protected]</span></a>. 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 (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the link to FERC Online. 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 (<a href="http://www.ferc.gov">www.ferc.gov</a>)
under the link to FERC Online. 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 Commission. Be sure to reference the project docket number (CP22-
138-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal
[[Page 47407]]
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register
for eSubscription.
Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts
According to Northern, the Project would provide for incremental
winter firm service of 44,222 dekatherms per day (Dth/day) serving
residential, commercial, and industrial customer market growth in
Northern's Market Area and 6,667 Dth/day of additional firm service
that would allow a shipper enhanced reliability and flexibility in
scheduling their transportation capacity.
The Project consists of the following facilities:
<bullet> a 2.79-mile extension of 36-inch-diameter Ventura North E-
Line, in Freeborn County, Minnesota;
<bullet> a 1.07-mile, 30-inch-diameter loop \1\ of 20-inch-diameter
Elk River 1st and 2nd Branch Lines, in Washington County, Minnesota
(Elk River 3rd Branch Line);
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\1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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<bullet> a 1.14-mile extension of 24-inch-diameter Willmar D Branch
Line, in Scott County, Minnesota;
<bullet> a 2.48-mile extension of 8-inch-diameter Princeton Tie-
Over Loop, in Sherburne County, Minnesota;
<bullet> a 2.01-mile loop of 4-inch-diameter Paynesville Branch
Line, in Stearns County, Minnesota (Paynesville 2nd Branch Line);
<bullet> a 0.34-mile extension of 8-inch-diameter Tomah branch line
loop, in Monroe County, Wisconsin; and
<bullet> aboveground facilities including one new pig \2\ launcher,
four new valve settings, replacement of valves and piping inside four
facilities, removal of three valve settings, and associated piping.
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\2\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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The general location of the Project facilities is shown in appendix
1.\3\
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\3\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
<a href="http://www.ferc.gov">www.ferc.gov</a> using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="82c4c7d0c1cdeceeebece7d1f7f2f2edf0f6c2e4e7f0e1ace5edf4">[email protected]</a> or call toll free, (886) 208-3676
or TTY (202) 502-8659.
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Based on the environmental information provided by Northern,
construction of the proposed facilities would disturb about 251.7 acres
of land for the aboveground facilities and the pipeline. Following
construction, Northern would maintain about 51.9 acres for operation of
the Project facilities; the remaining acreage would be restored and
could revert to former uses. About 12.4 percent of the construction
footprint would overlap with easements for existing Northern
facilities.
Based on an initial review of Northern's proposal and public
comments received during scoping, Commission staff have identified
several expected impacts that deserve attention in the EIS. The Project
would impact three waterbodies and about 0.5 acre of wetland.
Construction of the Project would have impacts on noise, traffic, and
road conditions. In response to the Notice of Scoping, the Commission
received multiple comments. Several were supportive of the Project.
Others requested that the EIS discuss and provide appropriate details
regarding the Project description, purpose and need, alternatives,
affected environment, wetlands, surface water, groundwater, air
quality, climate change and greenhouse gas emissions, community, social
and economic impacts, environmental justice, pollinator habitat,
noxious weeds, and noise. Minnesota state agencies requested that the
EIS discuss potential impacts on state listed species, calcareous fens,
soil compaction, and wellhead protection areas and discussion of
appropriate seed mixes, utility crossing licenses, dust abatement, road
crossing methods, traffic control, access points, and impacts on
highway drainage, vegetation, and other utilities.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
<bullet> geology and soils;
<bullet> water resources and wetlands;
<bullet> vegetation and wildlife;
<bullet> threatened and endangered species;
<bullet> cultural resources;
<bullet> land use;
<bullet> socioeconomics;
<bullet> environmental justice;
<bullet> air quality and noise;
<bullet> reliability and safety; and
<bullet> cumulative impacts.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through eLibrary
\4\ and the Commission's natural gas environmental documents web page
(<a href="https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents">https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents</a>). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
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\4\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\5\ Alternatives currently under consideration include:
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\5\ 40 CFR 1508.1(z).
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<bullet> the no-action alternative, meaning the Project is not
implemented; and
<bullet> minor route deviations for Ventura North E-Line, Elk River
3rd Branch Line, Willmar D Branch Line, Princeton Tie-Over Loop, and
Paynesville 2nd Branch Line.
With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact.
Consultation Under Section 106 of the National Historic Preservation
Act
In accordance with the Advisory Council on Historic Preservation's
[[Page 47408]]
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission initiated section 106 consultation for
the Project in the notice issued on May 17, 2022 with the applicable
State Historic Preservation Office(s), and other government agencies,
interested Indian tribes, and the public to solicit their views and
concerns regarding the Project's potential effects on historic
properties.\6\ This notice is a continuation of section 106
consultation for the Project. The Project EIS will document findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
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\6\ 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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Schedule for Environmental Review
On April 11, 2022 the Commission issued its Notice of Application
for the Project. Among other things, that notice alerted other agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on the request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final EIS for the Project. This notice identifies
the Commission staff's planned schedule for completion of the final EIS
for the Project, which is based on an issuance of the draft EIS in
October 2022.
Issuance of Notice of Availability of the final EIS March 10, 2023
90-day Federal Authorization Decision Deadline \7\ June 8, 2023
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\7\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.
If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. 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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Agency Permit
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Federal Energy Regulatory Certificate of Public Convenience
Commission. and Necessity.
U.S. Army Corps of Engineers--St. Clean Water Act Section 404--Dredge
Paul District. and Fill Permit.
U.S. Fish and Wildlife Service-- Endangered Species Act (ESA)
Twin Cities Field Office. Consultation, Migratory Bird Treaty
Act (MBTA) Coordination; Bald and
Golden Eagle Protection Act (BGEPA)
Consultation.
Minnesota Pollution Control Agency Section 401 Water Quality
Certification.
Minnesota State Historic National Historic Preservation Act
Preservation Office (SHPO). (NHPA), Section 106 Consultation.
Wisconsin SHPO.................... NHPA, Section 106 Consultation.
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Environmental Mailing List
This notice is being sent to the Commission's current environmental
mailing list for the Project which 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 and includes a mailing address with their
comments. 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. 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 need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
(1) Send an email to <a href="/cdn-cgi/l/email-protection#185f796b486a77727d7b6c597c7c6a7d6b6b5b7079767f7d587e7d6a7b367f776e"><span class="__cf_email__" data-cfemail="470026341735282d22243306232335223434042f26292022072122352469202831">[email protected]</span></a> stating your
request. You must include the docket number CP22-138-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
OR
(2) 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 <a href="http://www.ferc.gov">www.ferc.gov</a> 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.,
CP22-138). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#7b3d1e091834151712151e280e0b0b14090f3b1d1e0918551c140d"><span class="__cf_email__" data-cfemail="52143720311d3c3e3b3c37012722223d202612343720317c353d24">[email protected]</span></a> 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 https://www.ferc.gov/news-events/
[[Page 47409]]
events along with other related information.
Dated: July 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16589 Filed 8-2-22; 8:45 am]
BILLING CODE 6717-01-P
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