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

[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Notices]
[Pages 4486-4488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2043]


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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 hmdraper@tva.gov.

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