Attachment_A_Savannah_seminar_slides.pdf

Federal Energy Regulatory Commission ENVIRONMENTAL REVIEW and COMPLIANCE

FOR NATURAL GAS FACILITIES

SAVANNAH, GEORGIA ● AUGUST 26-28, 2014

THE ROAD TO SUCCESS

Course Materials Prepared by

Unless otherwise stated, photos provided by Natural Resource Group, LLC (NRG) and Media Elements provided with NRG’s licensed Microsoft® software.

T H E R O A D T O S U C C E S S E N V I R O N M E N T A L R E V I E W a n d C O M P L I A N C E

F O R N A T U R A L G A S F A C I L I T I E S S A V A N N A H , G E O R G I A ● A U G U S T 2 6 - 2 8 , 2 0 1 4

* Lunch will not be provided ‡ This session is geared towards participants that are new to the industry who may not be familiar with basic pipeline construction practices, equipment, and terminology.

Seminar Schedule

Day 1 8:00 am – 12:00 pm Environmental Review for Natural Gas Facilities

12:00 pm – 1:00 pm Lunch*

1:00 pm – 5:00 pm Environmental Review for Natural Gas Facilities

Day 2 8:00 am – 11:55 am Environmental Review for Natural Gas Facilities

11:55 am – 12:55 pm Lunch* (Note: Introduction to Construction video starts at 12:20)

12:20 pm – 12:50 pm Introduction to Construction: INGAA Video ‡

12:50 pm – 5:10 pm Environmental Compliance for Natural Gas Facilities

Day 3 8:00 am – 11:55 am Environmental Compliance for Natural Gas Facilities

11:55 am – 12:55 pm Lunch*

12:55 pm – 3:00 pm Environmental Compliance for Natural Gas Facilities

Environmental Review for Natural Gas Facilities

Welcome

Program Overview

Introduction to FERC

The FERC Process

Section 7: New Construction and Abandonment Projects

Process Preparation

Pre‐Filing Process

7(c) Application, Exhibit F‐1, Environmental Report

NEPA Review

Countdown to Construction

Section 2.55: Exclusion Projects

Types of Projects

E N V I R O N M E N T A L R E V I E W a n d C O M P L I A N C E

F O R N A T U R A L G A S F A C I L I T I E S

Notification Requirements

Reporting Requirements

Section 157, Subpart F: Blanket Certificate Projects

Types of Projects

Notification Requirements

Reporting Requirements

Environmental Compliance for Natural Gas Facilities

Construction

Environmental Compliance Management Program

Defining Project Work Areas and Access Routes

Clearing and Grading

Temporary Erosion and Sediment Control Installation

Trenching and Blasting

Stringing, Bending, and Welding

Lowering‐In and Backfill

Other Resource Protection Measures

Hazardous Materials Management and Spill Prevention and Response

Natural Resources

Cultural Resources

Specialized Construction

Residential Areas

Winter Construction

Wetland Crossings

Waterbody Crossings

Construction (continued)

Hydrostatic Testing

Cleanup and Restoration

Permanent Erosion and Sediment Control Installation

Post‐Construction

Maintenance, Monitoring, and Reporting

Closing Remarks

A C R O N Y M S a n d A B B R E V I A T I O N S

Abbreviation Definition

AA Automatic Authorization

Application Application for a Certificate of Public Convenience and Necessity

ATWS Additional Temporary Work Space

BLM Bureau of Land Management

CEII Critical Energy Infrastructure Information

Certificate Certificate of Public Convenience and Necessity

CFR Code of Federal Regulations

CM Compliance Monitor

COE U.S. Army Corps of Engineers

Commission or FERC Federal Energy Regulatory Commission

CP Certificate Proceeding dBA Decibels of the A‐weighted Scale

DOE Department of Energy

DOT Department of Transportation

EA Environmental Assessment

EFH Essential Fish Habitat

EI Environmental Inspector

EIA Energy Information Administration

EIS Environmental Impact Statement

EPA Environmental Protection Agency

EPAct Energy Policy Act of 2005

ERP Emergency Response Plan

FONSI Finding of No Significant Impact

FS U.S. Forest Service

FWS U.S. Fish and Wildlife Service

GIS Global Information System

GPS Global Positioning System

HDD Horizontal Directional Drill

INGAA Interstate Natural Gas Association of America

Ldn Day‐Night Equivalent Sound Level

Leq (d) Daytime Equivalent Sound Level

Leq (n) Nighttime Equivalent Sound Level

LNG Liquefied Natural Gas

MOU Memorandum of Understanding

MP Milepost

MSDS Material Safety Data Sheet

NEPA National Environmental Policy Act

NFPA National Fire Protection Act

NMFS National Marine Fisheries Service

NOI Notice of Intent

NPDES National Pollutant Discharge Elimination System

NPS National Park Service

NRCS Natural Resources Conservation Service

NRHP National Register of Historic Places

NRI Nationwide Rivers Inventory

NSA Noise Sensitive Area

NTP Notice to Proceed

NWP Nationwide Permit

OEP Office of Energy Projects

OGC Office of General Counsel

PCB Polychlorinated Biphenyls

PEM Palustrine Emergent

PF Pre‐Filing

PFO Palustrine Forested

PHMSA Pipeline and Hazardous Materials Safety Administration

Plan Upland Erosion Control, Revegetation, and Maintenance Plan

PM Project Manager

PN Prior Notice ppm Parts Per Million

Procedures Wetland and Waterbody Construction and Mitigation Procedures

PSS Palustrine Scrub‐Shrub

RFP Request for Proposal

RMP Resource Management Plan

ROW Right‐of‐Way

RR Resource Report

SHPO State Historical Preservation Office(r)

SIP State Implementation Plan

SPCC Spill Prevention, Control and Countermeasure

SSI Sensitive Security Information

SSURGO Soil Survey Geographic Database

STATSGO State Soil Geographic Database

SWPPP Storm Water Pollution Prevention Plan

T&E Threatened and Endangered

THPO Tribal Historic Preservation Officer

TSCA Toxic Substances Control Act

USGS U.S. Geological Survey

WRP Wetland Reserve Program

WSA Water Suitability Assessment

C D ● T A B L E O F C O N T E N T S

Code of Federal Regulations

Federal Energy Regulatory Commission (FERC)

18 CFR 2.55 – Exclusions

Appendix A, Guidance for Determining Construction Area for Replacements

18 CFR 153, Subpart B – Section 3 Project Applications

18 CFR 157, Subpart A – Section 7 Project Applications / Landowner Notifications / Pre- Filing

18 CFR 157, Subpart F – Blanket Certificate Projects (current as of April 4, 2014)

18 CFR 284.11 – Environmental Compliance for Section 311 Natural Gas Policy Act Projects

18 CFR 380 – NEPA Regulations / Exhibit F-1, Environmental Report

Appendix A, Minimum Filing Requirements

18 CFR 385, Subpart T – Filing Requirements

Subpart V – Off-the-Record Communications

18 CFR 388 – Information Requests / Critical Energy Infrastructure Information (CEII)

Guidance Documents

Environmental Document Preparation

1. Application Submission Guidelines

2. Draft Guidance for Filing Resource Reports 11 and 13 for LNG Facility Applications

3. Draft Preferred Submittal Format Guidance for Resource Report 13

4. Draft Seismic Design Guidelines and Data Submittal Requirements for LNG Facilities

5. Guidance Manual for Environmental Report Preparation

6. Guidelines for Reporting on Cultural Resources Investigations for Pipeline Projects

7. Handbook for Using Third-Party Contractors to Prepare Environmental Documents for Natural Gas Facilities and Hydropower Projects

8. Guidance for Applicant-Prepared Draft Environmental Assessments for Certain Proposed Natural Gas Projects

Energy Policy Act (EPAct)

1. Agency To-Do List – Agency Responsibilities Under the Federal Energy Regulatory Commission’s New Regulations

2. Applicant To-Do List

C D ● T A B L E O F C O N T E N T S

3. Early Coordination of Federal Authorizations and Related Environmental Reviews Required in Order to Site Electric Transmission Facilities (Memorandum of Understanding)

4. Guidance for Federal and State Agencies for the Processing of Federal Authorizations in Cooperation with the FERC

5. Interagency Agreement on Early Coordination of Required Environmental and Historic Preservation Reviews

6. Processes for the Environmental and Historic Preservation Review of Proposed Interstate Natural Gas Facilities

Landowner Guidance and Stakeholder Outreach

1. An Interstate Natural Gas Facility on My Land? What do I Need to Know?

2. Blanket Certificate Program – Notice to Landowners

3. Ideas for Better Stakeholder Involvement in the Interstate Natural Gas Pipeline Planning Pre-Filing Process

4. Your Guide to Electronic Information at FERC

Environmental Compliance

1. Research of Wetland Construction and Mitigation Activities for Certificated Section 7(c) Pipeline Projects

2. Upland Erosion Control, Revegetation, and Maintenance Plan (FERC Plan)

3. Wetland and Waterbody Construction and Mitigation Procedures (FERC Procedures)

FERC Filing Guidance

1. Federal Energy Regulatory Commission Submission Guidelines

2. Federal Energy Regulatory Commission eFiling v7.0 User Guide

Other Documents

1. Memorandum of Understanding Between the Federal Energy Regulatory Commission and the U.S. Department of the Interior United States Fish and Wildlife Service Regarding Implementation of Executive Order 13186, “Responsibilities of Federal Agencies to Protect Migratory Birds”

F E R C S T A F F B I O S

Dave Swearingen dave.swearingen@ferc.gov

202.502.6173

Dave Swearingen is a Branch Chief in the Federal Energy Regulatory Commission's (FERC or Commission) Office of Energy Projects, Division of Gas – Environment and Engineering (DG2E). He recently served as the Division’s Interagency Coordinator, with responsibility for presenting FERC natural gas environmental policies and the Division’s environmental review process to agencies and outside groups.

Dave graduated from Louisiana State University with a Bachelor’s degree in Zoology and went on to earn a Master’s degree in Marine Biology from the University of North Carolina at Wilmington, specializing in coral reef ecology. Dave is a Gulf War veteran and has taught biology and ecology‐related classes at the community college and university levels. Dave has been with the FERC since 1999.

Dave’s expertise in biology/ecology has led to numerous successful consultations and impact evaluations under the Migratory Bird Treaty Act and the Endangered Species Act.

Dave has also managed several major interstate natural gas pipeline projects that required extensive multi‐state environmental review and interagency coordination, including the 713‐mile‐long Rockies Express West Pipeline Project and the 677‐mile‐long Ruby Pipeline Project.

David Hanobic

202.502.8312 david.hanobic@ferc.gov

David Hanobic serves as the Outreach Coordinator for FERC’s Office of Energy Projects, DG2E. DG2E is responsible for the environmental review of interstate natural gas certificate applications for the construction and operation of facilities under Section 7(c) of the Natural Gas Act (NGA), and applications for import and export authorization under Section 3 of the NGA, including liquefied natural gas (LNG) import facilities. David advises the natural gas industry; federal, state, and local agencies; and other stakeholders on the Commission’s Pre‐Filing Process and Outreach initiatives. He has managed National Environmental Policy Act document preparation and monitored environmental compliance on numerous pipeline and LNG projects.

David joined the FERC in 2004 as an environmental biologist. David has a Bachelor of Science Degree in Biology from the Lock Haven University of Pennsylvania.

Danny Laffoon

202.502.6257 danny.laffoon@ferc.gov

Danny Laffoon is the Compliance Manager for FERC’s Office of Energy Projects, DG2E. Danny provides oversight of DG2E’s post‐certificate compliance program and advises stakeholders regarding laws, regulations, and policy affecting natural gas facility construction and compliance techniques.

Danny joined the FERC in 2004 as an Environmental Biologist. He has directed NEPA document preparation and monitored environmental compliance on numerous pipeline and LNG projects. Danny has a Bachelor of Science degree in Fisheries and Wildlife from Virginia Tech in Blacksburg, Virginia.

F E R C S T A F F B I O S

Eric Tomasi eric.tomasi@ferc.gov

202.502.8097

Eric Tomasi is an environmental engineer and the technical expert for air quality, noise and pipeline safety with FERC’s Office of Energy Projects, DG2E. In his role with the Commission, Eric provides guidance to industry and stakeholders for noise and air quality requirements and is designated as the primary lead for all natural gas facility noise complaints.

Eric joined FERC in 2001 as an environmental engineer. He has directed NEPA document preparation and monitored environmental compliance on numerous major natural gas pipeline projects. Prior to his employment at FERC, Eric worked as a regulatory compliance manager for a hazardous waste facility. Eric has a Bachelor of Science in Aerospace Engineering from Boston University, Boston Massachusetts, and undertook graduate studies at the University of Florida in Gainesville, Florida.

C O U R S E I N S T R U C T O R B I O S

Larry Brown larry.brown@nrg‐llc.com

401.278.4301

Larry Brown is a Principal at Natural Resource Group, LLC (NRG) specializing in project management of interstate natural gas pipeline projects and preparation of documents necessary to comply with the NEPA and other federal and state regulations. Larry has 19 years of experience working on FERC‐regulated pipeline projects. This experience includes managing, providing senior review, and/or authoring sections of numerous permit applications and more than 20 FERC Environmental Impact Statements (EISs) and Environmental Assessments (EAs). Larry has also managed environmental field surveys, environmental compliance programs during construction, and conducted environmental inspection and post‐construction monitoring.

Tim Drake tim.drake@nrg‐llc.com

612.337.3365

Tim Drake is a senior consultant at NRG specializing in routing, construction, restoration, and environmental inspection issues related to linear projects. Tim has extensive experience working with clients to develop and support environmental inspection and compliance programs. He has worked closely with project engineers, construction supervision teams, and agency regulators to develop and implement project plans and techniques to construct through sensitive resource areas including trout streams, wetlands, and national forests. Tim’s responsibilities have also included the preparation of wildlife, surface water quality, and wetland sections of the Environmental Reports for FERC 7(c) applications.

Jennifer Lee jennifer.lee@nrg‐llc.com

503.525.5152

Jennifer Lee is a senior consultant at NRG, specializing in the preparation of FERC 7(c) Environmental Report Applications; third‐party EISs; and federal, state, and local permits necessary for the construction and operation of natural gas and petroleum pipelines and LNG facilities. She has extensive experience with the FERC Pre‐Filing Process, and has worked on behalf of both applicants and regulators on natural gas‐related projects. Jennifer also manages feasibility studies and third‐party EISs for other linear energy facilities including electric transmission line projects. She has worked on behalf of numerous state and federal agencies, including the FERC, USFS, BLM, and FWS. Her areas of expertise include land use analysis, alternatives analysis, and document preparation.

C O U R S E I N S T R U C T O R B I O S

Brian Cole brian.cole@nrg‐llc.com

980.297.7274

Brian Cole, a senior consultant at NRG, has performed multiple roles for natural gas pipeline projects since 2002 and has experience working on behalf of both applicants and the FERC to develop, permit, and implement project plans and programs. Brian has supported and managed environmental compliance inspection programs for FERC regulated projects in more than 20 states, and has served as the Compliance Manager on large projects utilizing FERC’s Third Party Monitoring Program. He has also served as an Environmental Inspector on linear projects ranging from a few miles to more than 100 miles in length, as well as natural gas storage facilities and LNG terminals.

Janelle Rieland janelle.rieland@nrg‐llc.com

612.347.7140

Janelle Rieland is a senior consultant at NRG specializing in FERC Environmental Report Applications as well as federally threatened and endangered species.

Janelle has experience working on behalf of both the FERC and applicants on FERC 7(c) and 7(b) applications in both the Pacific Northwest and Gulf Coast regions. She has worked closely with FERC staff, agency personnel, and the applicant to facilitate section 7 consultation under the Endangered Species Act.

Janelle’s experience on FERC 7(c) projects also includes the preparation of wildlife, vegetation, wetland, surface water, and sociology sections of Environmental Reports and Environmental Impact Statements.

P R O G R A M O V

ER

V

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The Road to Success Environmental Review and Compliance for Natural Gas Facilities

Page | 1‐1

The Road to Success

Environmental Review for Natural Gas Facilities

PROGRAM OVERVIEW

Page | 1‐2

Course Instructors ● FERC Staff

Public Outreach

Dave Hanobic

Outreach Coordinator

(202) 502‐8312

David.Hanobic@ferc.gov

Danny Laffoon

Compliance Manager

(202) 502‐6257

Danny.Laffoon@ferc.gov

Construction Compliance

Eric Tomasi

Senior Environmental Engineer

(202) 502‐8097

Eric.Tomasi@ferc.gov

Air and Noise

David Swearingen

Chief, Gas Branch 4

(202) 502‐6173

Dave.Swearingen@ferc.gov

Environmental Review

Course Instructors

Larry Brown

(401) 278‐4301

Larry.Brown@nrg‐llc.com

Environmental Review

Tim Drake

(612) 337‐3365

Tim.Drake@nrg‐llc.com

Facilitator/Environmental Compliance Facilitator/Environmental Compliance

Page | 1‐3

Brian Cole

(980) 297‐7274

Brian.Cole@nrg‐llc.com

Course Instructors

Environmental Compliance

Jennifer Lee

(503) 525‐5152

Jennifer.Lee@nrg‐llc.com

Environmental Review

Janelle Rieland

(612) 347‐7140

Janelle.Rieland@nrg‐llc.com

Environmental Review

Paul Friedman

Senior Technical Expert

(202) 502‐8059

Paul.Friedman@ferc.gov

Cultural

Terry Turpin

Branch Chief

(202) 502‐8558

Terry.Turpin@ferc.gov

LNG Engineering

FERC Technical Leads

T&E

Medha Kochhar

Biological Resource Manager

(202) 502‐8964

Medha.Kochhar@ferc.gov

Page | 1‐4

FERC Technical Leads

Michael McGehee

Director, Pipeline Certificates

(202) 502‐8962

Michael.McGehee@ferc.gov

Certificates & Rates

Josh Hurwitz

Attorney Advisor

(202) 502‐6668 Josh.Hurwitz@ferc.gov

Dispute Resolution Division

Joanne Wachholder

Interagency Coordinator

(202) 502‐8056

Joanne.Wachholder@ferc.gov

NEPA & Agency Outreach

Safe Travels

• Emergency alert system

• Exits

• Meeting location

• Safety moment

Page | 1‐5

Course Agenda

• Introduction to FERC

• The FERC Process

– Section 7: New Construction and Abandonment Projects

– Section 2.55: Exclusion Projects

– Section 157, Subpart F: Blanket Certificate Projects

• Construction

• Post‐Construction

Smooth(er) Ride

• Participate with an open mind

• Ask questions

• Observe break times

• “Disconnect”

– Turn off cell phones and other media devices

• Keep side discussions to a minimum

• Know your traffic signals

Page | 1‐6

Questions

• During this seminar you may email or text the instructors with questions

– E: David.Hanobic@ferc.gov/C: 570‐660‐0456

– Danny Laffoon C: 540‐239‐2489

– E: Tim.Drake@nrg‐llc.com

IN

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Page | 2‐1

INTRODUCTION TO FERC

Organization

• Independent Federal regulatory agency

– Decisions subject to review by Federal courts

• The “Commission”

– Commissioners are nominated by the President and confirmed by the Senate

– Chairman is nominated by the President

– Only three commissioners can be from the same political party

Page | 2‐2

FERC Organization

Commissioner Clark

Vacant Commissioner Moeller

Commissioner Bay

Chairman LaFleur

Office of the Director

Jeff C. Wright, Director Ann F. Miles, Deputy Director

Energy Infrastructure Policy Group

Ann F. Miles, Advisor

Management and Operations

Chrystal Martin, Assistant Director

Division of Gas Environment and Engineering

Rich McGuire, Acting Director

Division of Pipeline Certificates

Michael McGehee, Director John Wood, Deputy Director

Division of Hydropower Licensing Vince Yearick, Director

Nicholas Jayjack, Deputy Director

Division of Hydropower Administration & Compliance

Heather E. Campbell, Acting Director

Division of Dam Safety & Inspections

William H. Allerton, Director David Capka, Deputy Director

Certificates Branch 1 Richard Foley, Chief

Certificates Branch 2 Pamela Boudreau, Chief

Gas Branch 1 Shannon Jones, Chief

Gas Branch 2 Alisa Lykens, Chief

Gas Branch 3 James Martin, Chief

Gas Branch 4 David Swearingen, Chief

LNG Engineering & Compliance Branch Terry Turpin, Chief

West Branch Timothy Welch, Chief

Mid‐Atlantic Branch John Smith, Chief

Midwest Branch Timothy Konnert, Chief

New England Branch Robert Easton, Chief

Northwest Branch Jennifer Hill, Chief

South Branch David Turner, Chief

Project Review Charles Cover, Chief

Aquatic Resources Branch

T.J. LoVullo, Chief

Land Resources Branch

Robert Fletcher, Chief

Engineering Resources Branch Kelly Houff, Chief

Environmental Review Branch

Steve Hocking, Chief

Portland Regional Office Douglas Johnson, Regional Engineer

Washington Office Paul Shannon, Chief

Atlanta Regional Office Wayne King, Regional Engineer

Chicago Regional Office John Zygai, Regional Engineer

New York Regional Office Gerald Cross, Regional Engineer

San Francisco Regional Office

Frank Blackett, Regional Engineer

Office of Energy Projects (OEP)

Page | 2‐3

Regulated Industries Natural Gas

• Interstate pipeline facilities and gas storage (transportation and sale)

– Certification of new, expanded, and abandoned facilities

– Related environmental review and compliance

– Siting authority, rates and tariffs

*Natural Gas Act Authority

Regulated Industries LNG Terminals – NGA Section 3

• Interstate, import, and export

– U.S. Department of Energy – Public Interest Determination

– FERC – Impact of Facilities & Location

• Applicant must receive Public Interest determination for Export before engaging with

FERC

• Compliance Inspections

Page | 2‐4

U.S. LNG Facilities

FERC Regulated Terminals

FERC Regulated Peakshavers / Storage

State Regulated Facilities

FERC Regulated Terminals

FERC Regulated Peak Shavers / Storage

State Regulated Facilities

Regulated Industries Electric Power

• Wholesale rates for interstate transmission

• Interstate electric transmission

– Reliability of high voltage systems

– Siting and permitting* Within DOE‐designated energy corridors As authorized by EPAct

*Subject to recent federal court decisions

Page | 2‐5

Regulated Industries Oil & Oil Products Pipelines

• Interstate transportation and wholesale rates and tariffs

– Crude/Petroleum products

(diesel, gasoline, jet fuel)

– Natural Gas Liquids

(propane, butane, ethane) *Interstate Commerce Act authority

*No siting authority

Regulated Industries Hydroelectric

• Non‐Federal projects

– Licensing and relicensing

– Safety inspection

– Related environmental review and compliance

Page | 2‐6

What Doesn’t FERC Regulate?

• Pipeline safety standards

• Natural gas producers

• Local natural gas distribution or gathering pipelines

• Siting of oil, oil products, and natural gas liquids pipelines

• LNG Intrastate Commerce – not FERC

• The National Environmental Policy Act of 1969

– Federal agencies must consider the effects of their actions on the human environment

• EPAct 2005 – amended the Natural Gas Act

– FERC is always the lead agency for NEPA

– FERC coordinates all other federal authorizations, sets the schedule

CEQ regulations for implementing NEPA ‐ 40 CFR 1500‐1508 FERC’s regulations implementing NEPA ‐ 18 CFR 380

FERC & NEPA

Page | 2‐7

Roles & Responsibilities

• FERC’s DG2E Staff

– Manage the NEPA process for natural gas facilities

– Make recommendations to the Commission to avoid, minimize and mitigate impacts

– Monitor compliance

• Other FERC offices

– OGC: legal matters

– DPC: policy, precedents, regulations

– OEMR: tariffs, rates, terms and conditions of service

• Cooperating Agencies

– NEPA responsibility or special expertise

TH

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SEC

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THE FERC PROCESS

THE FERC PROCESS

Section 7 – New Construction and Abandonment Projects

Page | 3‐2

PROCESS PREPARATION

Project Concept

• Determine project purpose and need

• Conduct “open season” to determine market interest

• Identify a base project

– Pipeline alignment

– Aboveground facility locations

– Interconnects

Page | 3‐3

Project Planning

• Begin public outreach efforts

• Identify and contact agencies

– Potential resource issues

– Applicable permits

• Develop project execution plans and schedules (e.g., plan field surveys)

Pre‐Filing Process

• Begin project review prior to Application (reg site)

• Pre‐Filing is required for

– All LNG terminals and associated pipelines

– Projects proposing an Applicant‐Prepared Draft EA

– “Strongly recommended” for certain natural gas facility projects

Refer to FERC’s new guidance document “Guidelines for Applicant‐Prepared Draft Environmental Assessments”

Page | 3‐4

Objectives of Pre‐Filing Process

• More interactive NEPA/ permitting process

– No shortcuts

• Be more proactive and explore options for outreach

• Identify/resolve problems and have “no surprises”

• Transparency in the Pre‐ Filing review process

• Earlier, more direct interaction between

– FERC

– Other agencies

– Landowners

– Applicant

• Procedures are designed to encourage cooperation with federal, state, tribal, and local authorities

FERC staff are an advocate for the process, not the project

Pre‐Filing vs. Traditional Filing Pre‐Filing

• Must initiate process at least 6 months prior to filing a 7(c) Application

• Provides opportunity for identification of stakeholders concerns early in the process

• Minimize post‐Application data requests

• Typically results in fewer “surprises”

Traditional

• No time restrictions on submitting 7(c) Application

• Agencies may be reluctant to engage in discussions/consultations until 7(c) Application is filed

• May require additional work to satisfy requirements of other Federal agencies

Ex‐parte rules governing off‐the‐record communications do not apply during Pre‐Filing

Page | 3‐5

Pre‐Filing Meeting

• Introduce project to FERC

• Discuss environmental and non‐ environmental requirements

• Discuss status of ongoing activities (e.g., public outreach)

• Determine regulatory path and NEPA document options

• Submit drafts

– Pre‐Filing Request Letter

– RFP for third‐party contractors to prepare NEPA document

Regulatory Path

Section 3 Exportation/Importation

15 USC §717b

Section 7(b) Abandonment

15 USC §717f (b)

Section 7(c) New Construction

15 USC §717f (c)

§2.55 Exclusions

18 CFR § 2.55

§157 Blanket Certificates

18 CFR § 157, Subpart F

Natural Gas Act FERC Regulations

Page | 3‐6

NEPA Documents Categorical Exclusion

Actions that will not individually or cumulatively have a significant effect on human environment

Routine activities

Environmental Assessment

Projects that do not pose a significant effect on human environment

Projects where significance of effect on human environment is unknown

Environmental Impact Statement

Complex projects

Projects with significant effects on human environment

18 CFR §380

Agency Pre‐Filing Participation Request Letter

• Introduce the project and provide a map

• Request participation in the Pre‐Filing process

Page | 3‐7

Federal Agency Coordination

• FERC's NEPA review must demonstrate compliance with other Federal laws

• Assistance with required consultations may be delegated to the Applicant

Some agencies and tribal groups may request government‐to‐ government consultations

EIS Pre‐Filing Environmental Review Process

Public Input Opportunities

Public Input Opportunities

Public Input Opportunities

Page | 3‐8

Pre‐Filing Request

• Zoning and property availability (LNG)

• Reason for requesting Pre‐Filing

• Project description, maps, and drawings

• Proposed project schedule

For illustration purposes only. Examples can be found on eLibrary.

Proposed Project Schedule

Page | 3‐9

Pre‐Filing Request

• Other Federal and state agency involvement

– Applicable authorizations or consultations

–Willingness to participate in Pre‐Filing

– Proposed Application submittal and authorization schedule

Federal and State Agency Permits and Approvals

Page | 3‐10

Pre‐Filing Request

• Interested parties and stakeholders contacted

• Proposals

– Third‐party contractors to prepare NEPA document or

– Submit an Applicant‐ Prepared Draft EA

• Work completed to date

Refer to FERC’s guidance document “Handbook for Using Third‐ Party Contractors to Prepare Environmental Documents”

Status of Work To Date

Land

•Tax and title records searches

•Landowner contacts

•Survey permissions

Public Outreach

•Community contacts

•Governmental contacts

•Open houses

•Other communications

Engineering

•Civil survey plans

•Routing

•Facility design

Environmental

•Agency contacts

•Environmental analyses

•Plans for biological, cultural, and paleo surveys

Page | 3‐11

Pre‐Filing Request

• Acknowledgment that a complete Application and Environmental Report will be provided

• Public outreach plan description

• Letter of Intent and Preliminary WSA certification (LNG)

• DOE authorization (LNG)

PRE‐FILING

PROCESS

18 CFR §157.21

Page | 3‐12

Pre‐Filing Approval Letter

• PF docket number assigned

• Issuance of docket number opens the public record

• Third‐party NEPA document consultant selected

Public Record

• Project‐related submittals, reports, comments, and communications are posted to eLibrary

• Ex‐parte rules governing off‐ the‐record communications do not apply during Pre‐Filing

• Record will include materials for all associated docket numbers (i.e., CP docket number)

• Basis for Commission decisions

FERC Online eComment eRegister eFiling eSubscription eService eLibrary www.ferc.gov/docs‐filing/elibrary.asp

Page | 3‐13

Pre‐Filing Clock

Identify locations for open houses and agency meetings

DAYS

The clock starts when the PF approval notice is issued

Execute contract for third‐ party NEPA contractor and inform stakeholders about the project

DAYS

Submit updated mailing list and file draft RR 1, and summary of alternatives considered

DAYS

File WSA (LNG only) and 7(c) Application

DAYS

Open Houses

• Open to the public

• Sponsored and hosted by Applicant

• Informal setting

• FERC or the third‐party NEPA document contractor will attend

• General discussions are not part of the public record

• FERC site review

Number and locations of open houses are project specific

Page | 3‐14

Description of Proposed Facilities

(Public)

Topo Maps, Alignment Sheets, Plot Plans

(Public/CEII)

RR 1: General Project Description

Construction and Restoration Methods

(Public)

18 CFR §380.12(c)

Non‐jurisdictional Facilities (Public)

Purpose and Need (Public)

Land Requirements (Public)

RR 1: General Project Description

Future Expansion or Abandonment Plans

(Public)

Required Permits and Authorizations

(Public)

Affected Landowners – 18 CFR §157.6(d)(2) (Privileged)

18 CFR §380.12(c)

Schedule (Public)

Page | 3‐15

Topographic Map Minimum Scale: 1:24,000/1:25,000 covering 0.5‐mile‐wide corridor

Key Elements: all project facilities, work areas, and access roads; mileposts

For illustration purposes only. Examples can be found on eLibrary.

Photo‐Based Alignment Sheet Minimum Scale: 1:6,000 covering 0.5‐mile‐wide corridor Key Elements: all project facilities, work areas, and access roads;

temporary and permanent ROW; mileposts; resources and features crossed; property boundaries; tract numbers

Page | 3‐16

ROW Cross‐Section Drawing Minimum Scale: none Typical Drawings: temporary and permanent ROW configurations; collocation, overlap, and offsets; road, railroad, utility, waterbody, and wetland crossings

For illustration purposes only. Examples can be found on eLibrary.

Right‐of‐Way Orientation and Overlap

Facility/County Mileposts Length (mi.)

Existing ROW

Relationship of Proposed Pipeline to

Existing ROW

Overlap of Proposed ROW with Existing ROW (ft.)

30‐inch pipeline

Calumet County 59.5 – 60.5 1.0 ATC Power Line West 50

61.6 – 62.9 1.3 ATC Power Line North 50

65.0 – 66.3 1.3 ATC Power Line West 50

79.1 – 80.0 0.9 ANR Pipeline West 25

80.0 – 82.2 2.2 ANR Pipeline East 25

20‐inch pipeline

Brown County 93.4 – 96.3 2.9 ATC Power Line Southwest 30

96.7 – 96.9 0.2 South Overland Road

East 0

Total 9.8 (69.3%)

For illustration purposes only. Examples can be found on eLibrary.

Additional Options May Include:

‐ Insert additional line items for greenfield segments to avoid gaps in mileposts ‐ Insert additional column identifying applicable ROW configuration drawing

Page | 3‐17

Plot Plan/Site Plan Minimum Scale: 1:3,600 Key Elements: non‐linear construction areas, temporary and permanent disturbance, access roads, mileposts, associated non‐jurisdictional facilities, fence line, facility configuration

For illustration purposes only. Examples can be found on eLibrary.

RR 10: Alternatives

R o u te

A lt e rn at iv e s

N o ‐A ct io n e rn at iv e •Consequences

•Environmental impacts avoided

•Energy alternatives

•Energy conservation

Sy st e m e rn at iv e s •Alternative new pipeline system

•Existing pipeline system(s)

•Alternative configurations

•Additional compression

•Existing system interconnections

•Major route alternatives

•Route variations or deviations

•Landowner and stakeholder requests

Si te e rn at iv e •Major aboveground facility sites

18 CFR §380.12(l)

Page | 3‐18

System Alternative Map Minimum scale: none Key Elements: proposed route and facility locations, alternate systems/configurations

For illustration purposes only. Examples can be found on eLibrary.

Major Route Alternative Map Minimum scale: none Key Elements: proposed route and facility locations, alternate route and facility locations

Page | 3‐19

Major Route Alternatives Comparison Table

Comparison Item Unit Preferred Route Alt. 1 Route Alt. 2

Facility Requirements Pipeline Length miles 172 206 218 Greenfield Construction miles 2.5 17.4 23.1 Compression hp 41,200 36,700 36,100 Land Requirements Construction acres 2,080 2,508 2,651 Operation acres 1,255 1,510 1,590 Environmental Considerations Waterbodies no. 125 132 158 Wetlands acres 8.9 20.9 21.8 Wildlife Management Areas no. 0 2 1 Forested Areas acres 14.3 15.6 15.6 Developed Land acres 20.6 19.2 21.3

For illustration purposes only. Examples can be found on eLibrary.

FERC Comments

• FERC will issue comments on draft RRs

• FERC may require written response and/or

• May require comments to be incorporated into next round of RRs

Page | 3‐20

Notice of Intent

• NOI is start of NEPA process

• Indicates type of NEPA document to be prepared

• Issuance of NOI starts scoping period

• Announces close of scoping period

Notice of Intent

• Requests agencies to indicate if they will act as cooperating agencies

• Identifies stakeholders/ mailing list

Page | 3‐21

Cooperating Agency Request Letter

• Federal, state, and local agencies with jurisdiction and/or special expertise regarding environmental issues identified

Notice of Intent

• Announces public meeting dates and locations

Page | 3‐22

Scoping Meetings

• Includes public scoping meetings and interagency coordination meetings

• Sponsored and hosted by FERC

• More formal setting

• Included as part of public record

– Public scoping meeting transcripts

– Interagency meeting notes

Company may be asked to arrive an hour before start of scoping meeting

Interagency Coordination Meetings

• Applicant provides a project status update

• FERC identifies agency roles and responsibilities for NEPA review

• Agencies identify issues and concerns

Page | 3‐23

Agency Roles and Responsibilities

FERC

• Be the lead Federal agency responsible for complying with NEPA

• Establish and maintain schedule for Federal authorizations

• Coordinate all Federal authorizations and agency comments

• Compile agency actions and decisions into a consolidated record

Other Federal Agencies

• Participate in Pre‐Filing process as specified in

– Interagency MOU (2002)

– EPAct (2005)

FERC Guidance Document

Agency Roles and Responsibilities

Page | 3‐24

NEPA Scoping Clock The clock starts when NEPA scoping period has concluded

Respond to open house, interagency meeting, and scoping meeting comments

DAYS

Submit draft RRs 1 – 12 60

DAYS

Resource Reports

• General Project Description

•Water Use and Quality

• Fish, Wildlife, and Vegetation

• Cultural Resources

• Socioeconomics

• Geological Resources

• Soils

Page | 3‐25

Resource Reports

• Land Use, Recreation, and Aesthetics

• Air and Noise Quality

• Alternatives

• Reliability and Safety

• PCB Contamination

• Engineering and Design Material (LNG)

Refer to FERC’s guidance document “Guidance Manual for Environmental Report Preparation”

Resource Report Requirements

• Existing conditions

• Direct and indirect impacts

– Construction

– Operation

– Abandonment

– Cumulative

• Proposed mitigation measures

– Applicant‐committed

– Agency‐ recommended

• Applicable agency correspondence

• Reference list

FERC may require a revised set of draft resource reports if the first drafts are not complete which can have significant schedule impacts

18 CFR §380.12(c)

Page | 3‐26

RR 2: Water Use and Quality

Wetlands

• Federal jurisdiction

• State jurisdiction

• Modifications to FERC Procedures

18 CFR §380.12(d)

• Aquifers

• Wellhead protection areas

• Springs

• Public and private wells

Groundwater

• Waterbodies

• Canals

• Public watersheds

• Reservoirs

• FERC defined

• COE defined

• Modifications from FERC Procedures

Surface Waters

Related Federal Authorizations

* CWA Clean Water Act

• CWA, Section 401 Water Quality Certification

– Issued by state

• CWA, Section 402 NPDES Permit(s)

– Issued by state or EPA

– Construction Stormwater Permit

– Discharge Permit

• CWA, Section 404 NWP or Individual Permit

– Issued by COE

• Rivers and Harbors Act, Section 10

– Issued by COE with NWP or Individual Permit

• 33 U.S.C. Section 408 Modification of harbor or river improvements

– Issued by COE

Page | 3‐27

Data Collection Field surveys are primary source of data

• Section 10 Navigable Waters

COE

• Wild and Scenic Rivers

• Nationwide Rivers Inventory

NPS

• Groundwater resources

• Outstanding/exceptional value waters

• Coldwater fisheries

• 303(d) waters

State Environmental Department

Waterbody Crossing Table

MP

Waterbody Crossing Special Designation

Timing Restriction

Blasting Name Type

Length (feet)

Method State Water Quality

Classification

Fishery Type

Other

0.1 Big Creek Per. 105 HDD A, B, C Coldwater State T&E, Major

Jun. 1 – Sept. 30

0.9 Old Creek Inter. 10 Open‐cut 303(d) Yes

1.5 Tide River Per. 286 HDD A, B, D Navigable, Federal T&E, NRI, Major

2.4 Ale Creek Eph. 2 Open‐cut

3.7 Farm Pond Pond 139 Open‐cut Major

5.3 Fish Creek Per. 28 Open‐cut A,D Warmwater Jun. 1 –

Nov. 30

Page | 3‐28

Wetland Crossing Table

ID Type

MP Crossing Construction Impact

(acres) Operation Impact

(acres)

Enter Exit Length (feet)

Method Area

Affected

Forested Area

Affected

Permanent Cover

Conversion

Permanent Loss

Forested Area

Affected

W1 PEM 0.1 0.2 528 Open‐cut 0.9 0.0 0.0 0.0 0.0

W2 PSS 0.5 1.0 2,635 Open‐cut 4.5 0.0 1.8 0.0 0.0

W3 PSS 1.7 2.4 3,615 HDD 0.3 0.0 0.1 0.0 0.0

W4 PFO 4.2 4.5 1,332 Open‐cut 2.2 2.2 0.9 0.0 0.9

W5 PFO 5.3 5.7 2,023 HDD 0.0 0.0 0.0 0.0 0.0

For illustration purposes only. Examples can be found on eLibrary.

Site‐Specific Plan

• Provide site‐specific plan for

– Major (>100 feet wide) waterbody crossing plans

– Construction ROW >75 feet wide in wetlands

– ATWS within 50 feet of wetlands or waterbodies (*table of justification)

– Waterbody crossings within or adjacent to a wetland crossing

If the measures identified in FERC’s Procedures cannot be met

Page | 3‐29

Site‐Specific Major Waterbody Crossing Plan Minimum Scale: none Key Elements: all construction work areas to be cleared or disturbed, spoil storage locations, sediment control structures, waterbody boundaries, buffer zones/setbacks

For illustration purposes only. Examples can be found on eLibrary.

Site‐Specific HDD Crossing

Minimum Scale: none Key Elements: all construction work areas to be cleared or disturbed, mud pit locations, HDD entry and exit holes, staging areas, pipe assembly area

Page | 3‐30

Wetland Delineation Map Minimum Scale: none Key Elements: all project facilities, work areas, and access roads;

mileposts; wetland and waterbody boundaries and classification; survey corridor; temporary and permanent ROW

Hydrostatic Test Considerations

• Identify hydrostatic test water withdrawal sources and discharge locations

– Mainline and HDD segments

• Obtain relevant permits and approvals

– Water withdrawal and relocation permits

– Discharge permits

• Ensure adequate access is available to water sources

Agency approval is required for waterbodies designated as a public water supply, exceptional value water, or as Federally listed species habitat

Page | 3‐31

Other Considerations

• Compare proposed mitigation measures with FERC Procedures

–Identify and provide justification for any modifications

• Construction within floodplains

–Executive Order 11988

RR 3: Fish, Wildlife, and Vegetation

Photo credits: U.S. Fish and Wildlife Service

• Designated fisheries

• EFH and other significant habitats

• Special‐status species

Wildlife

• Habitat types

• Designated critical habitat

• Wildlife refuges, areas, and preserves

• Special‐status species

Vegetation

• Cover types

• Sensitive community types

• Special‐status species

Fish

18 CFR §380.12(e)

Page | 3‐32

Related Federal Acts

Endangered Species Act

• FERC will make an effects determination in coordination with the FWS and/or NMFS

• FWS Approvals under Section 7 of the ESA

– No letter of concurrence required for findings of “No Effect”

– Letter of concurrence for “May Affect, but Not Likely to Adversely Affect”

– Biological Opinion for “May Affect, and Likely to Adversely Affect” or “Jeopardy”

Photo credit: U.S. Fish and Wildlife Service

Related Federal Acts

Magnuson‐Stevens Act

• Federal protection of Essential Fish Habitat

• Requires submittal of

EFH

Assessment to the NMFS

Marine Mammal Protection Act

• Prohibits take and harassment of marine mammals

• Incidental Harassment / Take Authorization issued by the

NMFS

Bald and Golden Eagle Protection Act

• Prohibits take of eagles, including parts, nests, and eggs

• Permits authorizing the non‐ purposeful take of eagles are issued by the FWS

Page | 3‐33

Migratory Bird Treaty Act

• Prohibits taking, killing, possession, transportation, and/or importation of individual birds including their eggs and chicks and active nests

– Except when specifically authorized by the Department of Interior

• FWS is primary agency responsible for enforcement

Photo courtesy of: Natural Resource Group, LLC

Migratory Bird Impacts

• FERC/FWS Memorandum of Understanding (March 2011)

• Early coordination between the FERC (or applicant) and FWS should focus on:

– Species of concern

– Habitat loss

– Project‐specific plan to avoid and minimize impacts

Photo courtesy of: Leopoldo Miranda, FWS

Page | 3‐34

Data Collection

Field surveys are primary source for vegetation types, species presence, and/or suitable habitat

Federally listed species information, designated critical habitat, and survey protocols

• FWS

• NMFS

State listed and other sensitive species information

• Land management agencies

• State wildlife agencies

• Native American tribes

Impact Analysis

• Common vegetation, wildlife and fisheries

• Species of special concern

• State‐listed

• Federally listed (e.g., ESA, MMPA, BGEPA, MBTA)

• Other lists (e.g., FS, BLM, Tribes)

• Unique and sensitive habitats

• Designated critical habitat

• EFH

• Other federally protected lands

(e.g., WMA, NWR)

• Private conservation lands (e.g., Nature Conservancy, Ducks Unlimited)

• Direct, indirect, and cumulative impacts

• Take

• Habitat loss / conversion

• Noise

• Lighting

• Introduction of invasive species

• Measures proposed to avoid and/or minimize impacts

• Agency recommendations and coordination

Page | 3‐35

Sensitive Species Table

For illustration purposes only. Examples can be found on eLibrary.

Species Listing Status Counties with Potential to

Occur Presence Construction

RestrictionsCommon Name Scientific Name Fed State Other

Birds Marbled murrelet

Brachyramphus marmoratus

T T FS Clatsop Suitable nesting habitat;

nesting pair observed

Nesting season (May 15 ‐ Sep 30)

Mammals Columbian white‐tailed deer

Odocoileus virginianus leucurus

E E BLM Clatsop, Columbia

Suitable foraging habitat

None

Insects Fender's blue butterfly

Icaricia icarioides fenderi

E E n/a Yamhill Moderately suitable foraging habitat

Reintroduce host plant

Construction Window Restrictions

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Big game wintering range

Coldwater fisheries

Marbled murrelet nesting

Bald eagle nesting

Page | 3‐36

RR 4: Cultural Resources

C o n su lt at io n s

•SHPO

•THPO

•Indian Tribes

•Land management agencies

In ve st ig at io n s

•Area of potential effects

•Survey protocols and requirements

•Ethnography R e p o rt s an d P la n s

•Overview/ Survey Report

•Treatment Plan

•Unanticipated Discoveries Plan

Refer to FERC’s guidance document “Guidance for Reporting on Cultural Resources Investigations”, 18 CFR §380.12(f), and 36 CFR §800

Related Federal Authorizations

National Historic Preservation Act

• NRHP eligibility and effects determinations made by FERC in consultation with

– SHPO

– Land managing agencies

– Native American tribes

• Reports and plans

– Overview, Survey, and Evaluation Report

– Unanticipated Discoveries Plan

– Treatment Plan may be required if NRHP‐eligible resources will be affected

Page | 3‐37

Data Collection

Field surveys are primary data source

• Records searches

• Literature searches

• Databases

SHPO

• Consultations

Native American Tribes

RR 5: Socioeconomics

Each County Crossed

Population and Housing

Employment and Revenue

Infrastructure and

Transportation

Disadvantaged and Minority Communities

18 CFR §380.12(g)

Page | 3‐38

Data Collection

• U.S. Census Bureau

• U.S. Department of Labor

• State, county, and city

– Chamber of Commerce

– Government

Department of Tourism

Department of Education

– GIS data

Fire, police, hospitals

RR 6: Geological Resources

18 CFR §380.12(h)

• Geomorphologic and Geologic Conditions

- Regional and Site (Project) Specific Conditions

• Mineral Resources

- By Milepost that are Currently or Potentially Exploitable

• Paleontological Resources

• Blasting

• Investigations for Underground Storage Facilities

(Salt Caverns, Depleted Reservoirs, Aquifers)

• Geotechnical Investigations

- Hazardous Conditions

- LNG or HDDs

Page | 3‐39

Geologic Hazards

• Seismicity

‐ Peak Ground Acceleration (PGA) with 2% in 50 Years (above ground facilities; PGA with 10% in 50 Years (Pipeline facilities). See USGS Earthquake Hazard Program http://earthquake.usgs.gov/hazards/

• Holocene‐Age Faults ‐ See USGS Quaternary Fault and Fold Database of the United States at http://earthquake.usgs.gov/hazards/qfaults/

• Soil Liquefaction (potential for saturated (near‐surface water table, and loose sandy soil conditions combined with the potential for strong ground shaking)

• Identify the Susceptibility and Incidence of Landslides ‐ See http://landslides.usgs.gov/learning/nationalmap/

• Ground Subsidence and Karst

• Flooding and Storm Surge

Shallow Bedrock along the Proposed Pipeline Route where Blasting May Be Necessary

Pipeline Diameter/County

Milepost Crossing Length (feet)

Depth to Bedrock (inches)

Bedrock Type

Beginning Ending

30‐inch pipeline

Dodge 29.8 30.2 1824 24 Hard

30.2 30.2 202 30 Hard

30.4 30.4 181 24 Soft

31.9 32.2 1354 30 Hard

35.3 35.5 405 30 Hard

35.5 35.5 105 30 Hard

20‐inch Pipeline

Brown 84.5 84.5 315 15 Hard

93.1 93.1 84 30 Soft

Total 4470

Page | 3‐40

RR 7: Soils

• Location

• Characteristics & limitations

• Rare or unique soils, including prime farmland

Soils

• Describe proposed mitigation

• Compare to FERC Plan (identify differences)

• Justify modifications

Construction/ Restoration Methods

• Erosion and sediment control measures

• Seeding mixes and dates

• Application rates

• Invasive species

Agency Consultations

18 CFR §380.12(i)

Data Collection

• Databases

– STATSGO

– SSURGO

• NRCS field offices

• Department of Agriculture, Soil Survey Division

• State Farm Bureau

• State Department of Agriculture

Page | 3‐41

Soil Associations and Soil Limitations Table

Begin

MP

Exit

MP

Soil Series

Severe Erosion Potential

Severe Compaction Potential

Poor Revegetation Potential

Shallow Bedrock

Water Wind

0.0 0.5 Rusty fine sandy loam, 1 to 5 percent slopes

No No No No No

0.5 3.2 Betis loamy fine sand, 1 to 5 percent slopes

No Yes No Yes No

3.2 5.6 Briley loamy fine sand, 5 to 12 percent slopes

No Yes No No No

5.6 7.4 Portland silt loam No No Yes No No

7.4 7.6 Sacul fine sandy loam, 5 to 12 percent slopes

Yes No No No No

For illustration purposes only. Examples can be found on eLibrary.

Soil Summary Table

Pipeline/County Total

Acres in County

Prime Farm‐ land

Hydric Soils

Compact.

Prone

Highly Erodible Reveg.

Concerns Stony/ Rocky

Shallow to

BedrockWater Wind

30‐inch pipeline

Jefferson 28.8 18.4 9.5 16.6 0.0 0.0 0.0 0.0 0.0

Dodge 438.4 132.7 114.4 173.4 44.0 0.1 4.8 13.6 19.9

Brown 16.0 16.0 0.0 5.8 0.0 0.0 0.0 0.0 0.0

20‐inch pipeline

Brown 168.5 160.9 9.3 32.0 5.0 0.3 1.9 0.0 0.7

Outagamie 80.4 74.2 21.1 47.3 1.4 0.1 2.9 34.7 0.0

Pipeline Total 732.1 402.2 154.3 275.1 50.4 0.5 9.6 48.3 20.6

Page | 3‐42

RR 8: Land Use, Recreation, and Aesthetics

• Agricultural/ specialty crops

• Residential

• Industrial

• Forest

• Open

• Planned developments

• Coastal zone

• Conservation/ management areas

• Hazardous waste sites

• Native American religious sites and traditional cultural properties

• Parks

• Campgrounds

• Monuments

• Trails

• Golf courses

• Other special interest areas (e.g., wild and scenic rivers;

federal, state, local lands)

• Scenic drives

• Scenic rivers

• Visual resource management areas

18 CFR §380.12(j)

Additional Land Use Considerations

• Public lands

• Forest Service

• Bureau of Land Management

• Bureau of Reclamation

• Department of Defense

• Fish and Wildlife Service

• State lands (e.g., wildlife management areas)

• Conservation easements

• Conservation Reserve Program

• Wetland Reserve Program

• Floodplains

Page | 3‐43

Related Federal Authorizations

Coastal Zone Management Act

• Requires submittal of a Consistency Certification

• Consistency Determination issued by state

Photo credit: U.S. Fish and Wildlife Service

Data Collection Federal Resources

•Wild and Scenic Rivers Council

•NPS

•NRCS

•Land Management Agency RMPs

•State, county, and city government

•Planning and Building Department

•Department of Recreation

Local Resources

National Land Cover GIS data layer

Aerial photography

Page | 3‐44

Land Use Impacts Table

For illustration purposes only. Examples can be found on eLibrary.

Facility County, State Open Land Forest Agriculture Industrial Total

C O C O C O C O C O

Pipeline Facilities

Santa Clara, CA 78.2 46.9 15.4 13.6 10.2 4.0 12.6 9.8 116.4 74.3

San Mateo, CA 132.5 98.4 1.3 0.8 0.0 0.0 76.2 41.3 210 140.5

Subtotal 210.7 145.3 16.7 14.4 10.2 4.0 88.8 51.1 326.4 214.8

Aboveground Facilities

Tide M/R Station Santa Clara, CA 4.6 4.6 0.0 0.0 0.0 0.0 0.0 0.0 4.6 4.6

Lyon M/R Station San Mateo, CA 0.0 0.0 0.0 0.0 0.0 0.0 4.2 4.2 4.2 4.2

Subtotal 4.6 4.6 0.0 0.0 0.0 0.0 4.2 4.2 8.8 8.8

Extra Work Areas

Extra Workspaces Various 49.6 0.0 0.0 0.0 0.9 0.0 0.0 0.0 50.5 0.0

Pipe Storage /Contractor Yards

Various 72.3 0.0 0.0 0.0 0.0 0.0 39.8 0.0 112.1 0.0

Access Roads Various 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 0.0

Subtotal 131.9 0.0 0.0 0.0 0.9 0.0 39.8 0.0 172.6 0.0

Total 347.2 149.9 16.7 14.4 11.1 4.0 132.8 55.3 507.8 223.6