80 FR 46261 - WBI Energy Transmission, Inc.; Notice of Intent To Prepare an Environmental Assessment for the Planned Demicks Lake Pipeline Project and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 80, Issue 149 (August 4, 2015)

Page Range		46261-46263
FR Document		2015-19069

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)

[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46261-46263]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-19069]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-24-000]

WBI Energy Transmission, Inc.; Notice of Intent To Prepare an
Environmental Assessment for the Planned Demicks Lake Pipeline Project
and Request for Comments on Environmental Issues

The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Demicks Lake Pipeline Project
(Project) involving construction and operation of facilities by WBI
Energy Transmission, Inc (WBI Energy) in McKenzie County, North Dakota.
The Commission will use this EA in its decision-making process to
determine whether the project is in the public convenience and
necessity.
This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before August 27, 2015.
If you sent comments on this project to the Commission before the
opening of this docket on May 13, 2015, you will need to file those
comments in Docket No. PF15-24-000 to ensure they are considered as
part of this proceeding.
This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should 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, a pipeline company
representative may contact you about the acquisition of an easement to

[[Page 46262]]

construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, 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 where compensation would be determined 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 Web site (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 Commission's proceedings.

Public Participation

For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or efiling@ferc.gov. Please carefully follow these
instructions so that your comments are properly recorded.
(1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This 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 on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. 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.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
(3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF15-24-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Planned Project

WBI Energy plans to construct and operate 22.7 miles of 24-inch-
diameter natural gas pipeline and appurtenant facilities between a
proposed non-jurisdictional gas plant, ONEOK Rockies Midstream LLC's
(ONEOK) Demicks Lake Plant, located west of Keene, North Dakota and a
tie-in along Northern Border Pipeline Company's (Northern Border)
existing mainline located approximately 8 miles southeast of Watford
City, North Dakota. The Project would provide approximately 221,500
Mmcf/d (million standard cubic feet per day) of natural gas
transportation capacity to Northern Border's mainline, which would
transport the gas to the midcontinent region of the United States. The
maximum allowable operating pressure of the new pipeline would be 1,650
pounds per square inch gauge.
The Demicks Lake Pipeline Project would consist of the following
facilities:
22.7 miles of 24-inch-diameter natural gas pipeline;
a meter station located at milepost (MP) 22.7 at the site
of ONEOK's Demicks Lake Plant;
two pig launcher/receivers at MP 0.0 and MP 22.7; and
one mid-point block valve located at approximately MP
10.7.
WBI Energy also proposes to construct a 3,300-foot-long, 16- to 24-
inch-diameter tie across pipeline between the proposed 24-inch-diameter
Demicks Lake pipeline and WBI Energy's existing 16-inch-diameter Garden
Creek II pipeline just south of Highway 23. The tie across pipeline
facilities would consist of a block valve on both of the Demicks Lake
pipeline and the Garden Creek II pipeline, a pig launcher at both ends
of the tie across pipeline, and a metering facility at one end of the
tie across pipeline.\1\
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\1\ The decision to construct the tie across pipeline and
associated facilities is still under review by WBI Energy and is not
shown on Project maps.
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The general location of the Project facilities is shown in appendix
1.\2\
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\2\ 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
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call (202) 502-8371. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

Construction of the planned facilities would disturb about 266
acres of land for the pipeline and aboveground facilities. Following
construction, WBI Energy would maintain about 133 acres of land for
permanent operation of the Project's facilities; the remaining land
would be restored and revert to former uses. About 67 percent of the
planned pipeline route parallels existing pipeline, utility, or road
rights-of-way.

Non-Jurisdictional Facilities

Construction of ONEOK's proposed Demicks Lake Plant is not subject
to FERC jurisdiction. However, in the EA, we will provide available
descriptions of the non-jurisdictional facilities and include them
under our analysis of cumulative impacts. The plant would be located
west of Keene, North Dakota. As proposed, the plant would be
constructed on a plot of approximately 160 acres located in the NE \1/
4\ of Section 20, Township 151 North, Range 96 West in McKenzie County.
Construction of the plant would include the installation of underground
piping, above ground piping, and above ground gas processing
facilities.

The EA Process

The National Environmental Policy Act (NEPA) requires the
Commission 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. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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\3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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In the EA/EIS we will discuss impacts that could occur as a result
of the construction and operation of the planned project under these
general headings:
Geology and soils;
land use;
water resources, fisheries, and wetlands;
cultural resources;
vegetation and wildlife;
air quality and noise;
endangered and threatened species;
public safety; and
cumulative impacts.
We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders

[[Page 46263]]

and to identify and resolve issues before the FERC receives an
application. As part of our pre-filing review, we have begun to contact
some federal and state agencies to discuss their involvement in the
scoping process and the preparation of the EA.
The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Directions for
use of eLibrary are provided on page 6 under Additional Information.
Depending on the comments received during the scoping process, we may
also publish and distribute the EA to the public for an allotted
comment period. We will consider all comments on the EA before we make
our recommendations to the Commission. To ensure we have the
opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 2.
With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EA.\4\ 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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\4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office(s), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\5\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO(s) as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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\5\ The Advisory Council on Historic Preservation 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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Environmental Mailing List

The environmental mailing list 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. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
Copies of the EA will be sent to the environmental mailing list for
public review and comment. If you would prefer to receive a paper copy
of the document instead of the CD version or would like to remove your
name from the mailing list, please return the attached Information
Request (appendix 2).

Becoming an Intervenor

Once WBI Energy files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site. Please note that the Commission will not accept requests for
intervenor status at this time. You must wait until the Commission
receives a formal application for the project.

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 Web site (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 (i.e., PF15-
24). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
FercOnlineSupport@ferc.gov or toll free at (866) 208-3676, or for TTY,
contact (202) 502-8659. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
In addition, the Commission offers a free service called
eSubscription which 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. Go to www.ferc.gov/docs-filing/esubscription.asp.
Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

Dated: July 28, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-19069 Filed 8-3-15; 8:45 am]
BILLING CODE 6717-01P

46262 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices

construct, operate, and maintain the Midstream LLC’s (ONEOK) Demicks Non-Jurisdictional Facilities
planned facilities. The company would Lake Plant, located west of Keene, North Construction of ONEOK’s proposed
seek to negotiate a mutually acceptable Dakota and a tie-in along Northern Demicks Lake Plant is not subject to
agreement. However, if the Commission Border Pipeline Company’s (Northern FERC jurisdiction. However, in the EA,
approves the project, that approval Border) existing mainline located we will provide available descriptions
conveys with it the right of eminent approximately 8 miles southeast of of the non-jurisdictional facilities and
domain. Therefore, if easement Watford City, North Dakota. The Project include them under our analysis of
negotiations fail to produce an would provide approximately 221,500 cumulative impacts. The plant would be
agreement, the pipeline company could Mmcf/d (million standard cubic feet per located west of Keene, North Dakota. As
initiate condemnation proceedings day) of natural gas transportation proposed, the plant would be
where compensation would be capacity to Northern Border’s mainline, constructed on a plot of approximately
determined in accordance with state which would transport the gas to the 160 acres located in the NE 1⁄4 of Section
law. midcontinent region of the United 20, Township 151 North, Range 96 West
A fact sheet prepared by the FERC States. The maximum allowable in McKenzie County. Construction of
entitled ‘‘An Interstate Natural Gas operating pressure of the new pipeline the plant would include the installation
Facility On My Land? What Do I Need would be 1,650 pounds per square inch of underground piping, above ground
To Know?’’ is available for viewing on gauge. piping, and above ground gas processing
the FERC Web site (www.ferc.gov). This The Demicks Lake Pipeline Project facilities.
fact sheet addresses a number of would consist of the following facilities:
typically asked questions, including the • 22.7 miles of 24-inch-diameter The EA Process
use of eminent domain and how to natural gas pipeline; The National Environmental Policy
participate in the Commission’s • a meter station located at milepost Act (NEPA) requires the Commission to
proceedings. (MP) 22.7 at the site of ONEOK’s take into account the environmental
Public Participation Demicks Lake Plant; impacts that could result from an action
• two pig launcher/receivers at MP whenever it considers the issuance of a
For your convenience, there are three
0.0 and MP 22.7; and Certificate of Public Convenience and
methods you can use to submit your
comments to the Commission. The • one mid-point block valve located Necessity. NEPA also requires us 3 to
Commission encourages electronic filing at approximately MP 10.7. discover and address concerns the
of comments and has expert staff WBI Energy also proposes to construct public may have about proposals. This
available to assist you at (202) 502–8258 a 3,300-foot-long, 16- to 24-inch- process is referred to as scoping. The
or efiling@ferc.gov. Please carefully diameter tie across pipeline between the main goal of the scoping process is to
follow these instructions so that your proposed 24-inch-diameter Demicks focus the analysis in the EA on the
comments are properly recorded. Lake pipeline and WBI Energy’s existing important environmental issues. By this
(1) You can file your comments 16-inch-diameter Garden Creek II notice, the Commission requests public
electronically using the eComment pipeline just south of Highway 23. The comments on the scope of the issues to
feature on the Commission’s Web site tie across pipeline facilities would address in the EA. We will consider all
(www.ferc.gov) under the link to consist of a block valve on both of the filed comments during the preparation
Documents and Filings. This is an easy Demicks Lake pipeline and the Garden of the EA.
method for submitting brief, text-only Creek II pipeline, a pig launcher at both In the EA/EIS we will discuss impacts
comments on a project; ends of the tie across pipeline, and a that could occur as a result of the
(2) You can file your comments metering facility at one end of the tie construction and operation of the
electronically by using the eFiling across pipeline.1 planned project under these general
feature on the Commission’s Web site The general location of the Project headings:
(www.ferc.gov) under the link to facilities is shown in appendix 1.2 • Geology and soils;
Documents and Filings. With eFiling, • land use;
Land Requirements for Construction • water resources, fisheries, and
you can provide comments in a variety
Construction of the planned facilities wetlands;
of formats by attaching them as a file
would disturb about 266 acres of land • cultural resources;
with your submission. New eFiling • vegetation and wildlife;
users must first create an account by for the pipeline and aboveground
facilities. Following construction, WBI • air quality and noise;
clicking on ‘‘eRegister.’’ If you are filing • endangered and threatened species;
a comment on a particular project, Energy would maintain about 133 acres
of land for permanent operation of the • public safety; and
please select ‘‘Comment on a Filing’’ as • cumulative impacts.
the filing type; or Project’s facilities; the remaining land
We will also evaluate possible
(3) You can file a paper copy of your would be restored and revert to former
alternatives to the planned project or
comments by mailing them to the uses. About 67 percent of the planned
portions of the project, and make
following address. Be sure to reference pipeline route parallels existing
recommendations on how to lessen or
the project docket number (PF15–24– pipeline, utility, or road rights-of-way.
avoid impacts on the various resource
000) with your submission: Kimberly D. areas.
Bose, Secretary, Federal Energy 1 The decision to construct the tie across pipeline
Although no formal application has
Regulatory Commission, 888 First Street and associated facilities is still under review by
WBI Energy and is not shown on Project maps. been filed, we have already initiated our
NE., Room 1A, Washington, DC 20426. 2 The appendices referenced in this notice will NEPA review under the Commission’s
tkelley on DSK3SPTVN1PROD with NOTICES

Summary of the Planned Project not appear in the Federal Register. Copies of the pre-filing process. The purpose of the
appendices were sent to all those receiving this pre-filing process is to encourage early
WBI Energy plans to construct and notice in the mail and are available at www.ferc.gov
using the link called ‘‘eLibrary’’ or from the involvement of interested stakeholders
operate 22.7 miles of 24-inch-diameter
Commission’s Public Reference Room, 888 First
natural gas pipeline and appurtenant Street NE., Washington, DC 20426, or call (202) 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the
facilities between a proposed non- 502–8371. For instructions on connecting to environmental staff of the Commission’s Office of
jurisdictional gas plant, ONEOK Rockies eLibrary, refer to the last page of this notice. Energy Projects.

VerDate Sep<11>2014 18:45 Aug 03, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\04AUN1.SGM 04AUN1

Document Created: 2015-12-18 14:51:10
Document Modified: 2015-12-18 14:51:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 46261

80 FR 46261 - WBI Energy Transmission, Inc.; Notice of Intent To Prepare an Environmental Assessment for the Planned Demicks Lake Pipeline Project and Request for Comments on Environmental Issues

DEPARTMENT OF ENERGYFederal Energy Regulatory Commission

Federal Register Volume 80, Issue 149 (August 4, 2015)

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission