Final CATEX Checklist Pembina POE 4_1_10.pdf

Final Environmental CATEX Checklist for the Installation and Operation of a Wind Turbine at the Pembina Port of Entry Pembina, North Dakota

ORDER NUMBER: GS-08P-09-JF-A-0002

Prepared for:

GSA REGION 8

Prepared by:

POTOMAC-HUDSON ENGINEERING, INC.

7830 Old Georgetown Road, Suite 220, Bethesda, MD 20814 | T 301.907.9078 | www.phe.com

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Pembina Port of Entry Wind Turbine April 2010

Environmental CATEX Checklist

Action Name: Pembina Port of Entry Wind Turbine Installation and Operation

Action Location: Pembina Border Station, Pembina, North Dakota

Action Description: Wind Turbine Construction and Operation Category:

A: All CATEX Actions Checklist

YES NO Need Data

A. Is the action likely to be inconsistent with any applicable Federal, State, Indian tribal, or local law, regulation, or standard designed to protect any aspect of the environment?

X

B. Is the action likely to have results that are inconsistent with locally desired social, economic, or other environmental conditions?

X

C. Is the action likely to result in the use, storage, release, and/or disposal of toxic, hazardous, or radioactive materials, or in the exposure of people to such materials?

X

D. Is the action likely to adversely affect a significant aspect of the natural environment?

X

E. Is the action likely to adversely affect a significant aspect of the sociocultural environment?

X

F. Is the action likely to generate controversy on environmental grounds? X

G. Is there a high level of uncertainty about the action's environmental effects?

X

H. Is the action likely to do something especially risky to the human environment?

X

I. Is the action part of an ongoing pattern of actions (whether under the control of GSA or others) that are cumulatively likely to have adverse effects on the human environment?

X

J. Is the action likely to set a precedent for, or represent a decision in principle about, future GSA actions that could have significant effects on the human environment?

X

K. Is the action likely to have some other adverse effect on public health and safety or on any other environmental media or resources that are not specifically identified above?

X

CONCLUSIONS:

1. The action is a CATEX and requires no further environmental review.

2. The action is a CATEX but requires further review under one or more other environmental authorities (list).

3. The action requires an EA.

4. The action requires an EIS.

Program Staff Date REQA Representative Date

Draft Environmental CATEX Checklist for the

Installation and Operation of a Wind Turbine at the

Pembina Port of Entry

Pembina, North Dakota

Description of the Proposed Action

The General Services Administration (GSA) is funding a project under the American Reinvestment and

Recovery Act (ARRA) that involves the construction and operation of a wind turbine at the Pembina Port of Entry (POE) located in Pembina County, North Dakota, south of Winnepeg, Canada. The Pembina

POE intends to power its facility with an onsite government-owned wind turbine system. GSA plans to hire a contractor to provide a turn-key project to include a feasibility study, site assessments, design build services, interconnection agreements with local power authorities, and all other services required to design, erect, connect, and maintain the turbine. The maintenance would be contracted out to a regional turbine service provider. The turbine systems under consideration are a 100 Kilowatt turbine and a 1.0

Megawatt turbine.

The project qualifies for a categorical exclusion (CATEX) that requires the preparation of a checklist to ensure that no extraordinary circumstances exist that would require a higher level of environmental analysis and documentation. The CATEX checklist, found in the PBS NEPA Desk Guide (October 1999), requests that answers be presented in a “Yes/No” format to determine whether the proposed action qualifies for a CATEX or whether the preparation of an Environmental Assessment (EA) or an

Environmental Impact Statement (EIS) is warranted. To support the findings of the checklist, a description of the environmental conditions present on and surrounding the project site are provided. In addition, the PBS NEPA Desk Guide, Chapter 5, Section 5.9.2.1 through Section 5.9.2.11 provides a list of questions that should be addressed to help GSA determine and support the yes or no answers in the checklist. These questions and answers are also provided to further support the findings in the checklist.

Description of the Project Site

The Pembina POE is located on U.S. Interstate 29 (I-29) at the U.S.-Canadian border (Figure 1). The

POE consists of approximately 20 acres west of I-29. Land use surrounding the POE is generally agricultural. The small towns of Emerson, Manitoba, Canada, and Pembina, North Dakota, are approximately 1 mile northeast and 2 miles south of the project area, respectively. The Red River flows north to south, and is located approximately ¼ mile east of the project area. There are no residences closer than 2 miles to the POE. The Canadian POE and the Duty Free shops are the only commercial operations in close proximity.

The POE Facility is comprised of several Federal buildings and parking lots (Figure 2). Most of the remainder of the site is wetlands and other natural vegetation. A small drainage flows north to south along the western edge of the property, with several trees along the drainage. The drainage then flows into a detention basin south of the facility. The basin appears to be vegetated with wetland vegetation, with some reed canarygrass, softstem bulrush, and sandbar willows observed in the basin. Wetlands continue south of the basin and connect to another drainage directly south of the property. The drainage then flows into a culvert under I-29 and appears to continue southeast before connecting to the Red River.

Figure 1: Pembina Port of Entry Topographic Map

Site Location

Figure 2: Pembina Port of Entry Site Map

Checklist Question A:

Is the action likely to be inconsistent with any applicable Federal, State, Indian tribal, or local law, regulation, or standard designed to protect any aspect of the environment?

Is the action likely to have effects that would be inconsistent with such authorities as:

… Environmental Protection Agency’s (EPA) solid waste management guidelines:

No. The Resource Conservation and Recovery Act (RCRA) regulates the disposal of solid and hazardous wastes under subtitles D and C, respectively (EPA, 2010). This Act established a system for maintaining wastes from the “cradle to the grave” (EPA, 2010). The action involves the construction of a wind turbine and access road for the purpose of renewable electric generation. It is assumed that all waste generated by the construction and maintenance of the turbine would be properly categorized and managed in accordance with State regulations.

Furthermore, the generation of electricity by use of a wind turbine should not require the use of any hazardous materials.

…Occupational Safety and Health Administration (OSHA) noise standards:

No. Currently the primary source of noise pollution at the Pembina POE is due to roadway traffic. According to the U.S. Department of Transportation, the typical noise emission level for a heavy truck as measured 15 meters from the roadway’s center of travel is 87decibels (dBA).

Under the proposed action, noise from wind turbine electricity generation would also occur.

This type of noise typically averages 85 to 105 dBA and is dependent upon wind speed and direction (Alberts, 2006). When taking into account the heavy volume of commercial and residential traffic at the Pembina POE, the impact of wind turbine noise on the surrounding area would be negligible. Elevated noise levels associated with construction activities would also occur; however, noise levels would return to current conditions once construction is complete.

…A State Implementation Plan (SIP) under the Clean Air Act:

No. A SIP, which is the primary regulatory mechanism for stationary source emissions, is not applicable for the addition of this turbine which would have no air emissions.

…Executive Order 11988 (Floodplain protection):

No. The wind turbine would be located within the site boundary of the Pembina POE, which was built on the 100-year floodplain of the Red River in 1997. A floodplain waiver in accordance with GSA Order ADM 1095.2, Consideration of Floodplains and Wetlands in

Decision Making, was approved for the entire Pembina POE property on August 27, 1995 (GSA, 1995).

…Executive Order 11990 (Protection of wetlands):

Yes. The construction of the access road and installation of the wind turbine and associated utility lines would have an impact on wetlands. The utility line connecting the wind turbine to the existing electric facility on the property would be trenched under the detention basin and then bored under the parking lot. Grading activities from the wind turbine also may impact wetlands in the detention facility. If the impacts are less than 0.5 acres, the project can be permitted under a Nationwide Permit. Under Nationwide permits, wetland mitigation is not required if the impacts are less than 0.10 acre. If the impacts are more than 0.5 acre and an Individual Permit is needed, mitigation will be required. A wetland delineation cannot be completed until the growing season (usually June through August). The wetlands are likely jurisdictional because they have a connection to the Red River, a known jurisdictional water of the U.S. A wetland determination has been submitted to the U.S. Army Corps of Engineers (USACE) (Appendix C)

(GSA, 2010a).

…Executive Order 12072 (Development in central business areas):

No. The proposed site is not within the Pembina Central Business District. The POE is located in a rural area surrounded by agricultural land.

…Executive Order 13006 (Priority use of historic properties):

No. The proposed construction is for a wind turbine on GSA property, which is not considered historic.

…A State's Coastal Zone Management (CZM) Plan:

No. This parcel is located in northern North Dakota and is not located near a Coastal Zone Area.

…Applicable State, Indian tribal, or local environmental protection, historic preservation, noise control, visual impact, or social impact control ordinances:

No. There are no Indian tribal lands, historic sites, or environmental protection ordinances applicable to or near the property (EDR, 2010b). The area is surrounded by private rural/agricultural land; therefore, there is not a social center point to be affected (GSA, 2003).

Noise levels are expected to increase during normal construction activities; however, they are expected to return to current conditions once construction is complete. In addition, there would be a minor increase in noise due to the operation of the wind turbine system.

Checklist Question B:

Is the action likely to have results that are inconsistent with locally desired social, economic, or other environmental conditions?

Is the action likely to:

…Change traffic patterns or increase traffic volumes:

No. During construction of the turbine, traffic would increase in the project vicinity due to construction vehicles and workers accessing the site. Operation of the turbine would have no impact on traffic patterns or increase traffic volumes on nearby roadways or intersections. An access road would be constructed from I-29 to the turbine location. The turbine is self operating so traffic would be minimal and occur during maintenance procedures only.

…Have access constraints:

No. The turbine would not have access constraints for authorized personnel. An access road would be constructed from I-29 to the turbine location. The access road would be within disturbed uplands along the southern border of the property. The proposed access road would be

12 to 14 feet wide.

…Affect a congested intersection:

No. The turbine would not affect a congested intersection.

…Result in housing workers or others more than one-quarter of a mile from public transit:

No. The POE is located in a rural area where public transit is not warranted or available.

…Require substantial new utilities:

No. The utility line connecting the wind turbine to the existing electric facility on the property would be trenched under the detention basin and then bored under the parking lot. The wind turbine has the potential to provide either 100 Kilowatts or 1.0 Megawatts of electricity to the

POE, depending on the chosen turbine system. This would reduce demand on local utilities as well as reduce the POE’s carbon footprint.

…Be inconsistent with existing zoning, surrounding land use, or the official land use plan for the specific site and/or the affected delineated area:

No. The turbine would be constructed on land already owned by GSA. The turbine would connect with and supply power to the current electrical facility onsite. This use is compatible with the current use of the facility as a Border Control Station.

…Be regarded as burdensome by local or regional officials or the public because of infrastructure demands (e.g., sewer, water, utilities, street system, public transit):

No. The proposed project would not place demands on local or regional infrastructure. There would be no sewer or water requirements, and the project would add to the electrical grid, thereby reducing demand on local power utilities, as well as reducing the POE’s carbon footprint.

…Change the use of parklands:

No. The project site is not located on parkland, nor would the site limit access to or use of area parklands.

…Change the use of prime farmlands:

No. The project would occur on the POE Facility and would not impact any farmland.

…Change the use of a floodplain:

No. The wind turbine would be located within the boundary of the GSA-owned POE property used for border control activities. Although the POE is located within the 100-year floodplain of the Red River, a floodplain waiver in accordance with GSA Order ADM 1095.2, Consideration of Floodplains and Wetlands in Decision Making, was approved for the entire Pembina POE property on August 27, 1995 (GSA, 1995).

…Alter a wetland:

Yes. The construction of the access road and installation of the wind turbine and associated utility lines would have an impact on wetlands. The utility line connecting the wind turbine to the existing electric facility on the property would be trenched under the detention basin and then bored under the parking lot. Grading activities from the wind turbine also may impact wetlands in the detention facility. If the impacts are less than 0.5 acres, the project can be permitted under a Nationwide Permit. Under Nationwide permits, wetland mitigation is not required if the impacts are less than 0.10 acre. If the impacts are more than 0.5 acre and an Individual Permit is needed, mitigation will be required. A wetland delineation cannot be completed until the growing season (usually June through August). The wetlands are jurisdictional because the wetlands have a significant nexus with the Red River, a known water of the U.S. The significant nexus is created by a continuous surface connection from the assessed areas to the Red River. A wetland determination has been submitted to the USACE (Appendix C) (GSA, 2010a).

…Be located on or near a wildlife refuge, a designated wilderness, wild and scenic river, a

National Natural Landmark, National Historic Landmark, designated open space, or designated conservation area:

No. The project site is not located on or near a wildlife refuge, designated wilderness, a wild and scenic river, National Natural Landmark, designated open space, or designated conservation area. There are no National Historic Landmarks in the immediate vicinity of the project site.

…Be located on or near an area under study for any such designation:

No. The proposed site is not on or near an area under study for such a designation.

…Be located on or near any other environmentally critical area:

No. Critical areas do not exist on or near the site.

…Have adverse visual, social, atmospheric, traffic, or other effects on such a critical area even though it is NOT located on or near the area:

No. Critical areas do not exist on or near the site.

Checklist Question C:

Is the action likely to result in the use, storage, release and/or disposal of toxic, hazardous, or radioactive materials, or in the exposure of people to such materials?

Is the action is likely to:

…Result in the use, storage, release, and/or disposal of toxic materials such as fertilizers, cleaning solvents, laboratory wastes, or hazardous materials such as explosives:

No. The proposed action would not result in the use, storage, release and/or disposal of laboratory wastes or hazardous materials such as explosives.

…Involve a facility that may contain poly-chlorinated biphenyl (PCB) electric transformers, urea formaldehyde, or friable asbestos:

No. Electric lines for the POE are underground and do not use PCB transformers (GSA, 2003).

There is also no asbestos onsite (Sayler, 2005). It is highly unlikely that urea formaldehyde foam insulation (UFFI) would be used in the construction of the wind turbine since it was phased out of use in the 1980’s (EPA, 2005a).

…Be on or near an EPA or State Superfund, or priority cleanup site:

No. The surrounding property is private agricultural and rural land (GSA, 2003) and is not listed on the EPA Superfund Site list (EPA, 2005b). In addition, an environmental database search was performed and resulted in no findings of a Superfund site within one mile of the POE.

…Involve construction on or near an active or abandoned toxic, hazardous, or radioactive materials generation, storage, transportation, or disposal site:

No. The current property use is a POE. The surrounding property is private agricultural and rural land (GSA, 2010a). In addition, a historic database search was performed and resulted in no findings of active or abandoned toxic, hazardous or radioactive materials generation, storage, transportation, or disposal sites within one mile of the POE (EDR, 2010a).

…Involve construction on or near a site where remediation of such materials has occurred.

No. There are no such sites on or near the property.

…Involve use of a site that contains underground storage tanks (USTs), as evidenced by historical data or physical evidence such as vent pipes or fill caps.

No. No structures were observed onsite at the proposed turbine location and according to a previous environmental report there are no USTs present at the POE. There is no visual or regulatory evidence to indicate the presence or historic presence of a UST.

…Involve water pipes and/or water supply appurtenances that contain lead in excess of EPA standards.

No. The wind turbine system does not require the installation or use of a water supply or water pipes.

…Involve a facility or water supply that may contain radon in excess of the EPA action level.

No. The wind turbine system does not require the installation or use of a water supply or water pipes.

Checklist Question D:

Is the action likely to adversely affect a significant aspect of the natural environment?

Is the action likely to:

…Affect an endangered or threatened species, or its critical habitat;

No. The proposed project should have no effect on federally-threatened or endangered species.

The whooping crane and grey wolf are listed as occurring in Pembina County, North Dakota.

The Red River provides potentially suitable foraging and stop-over habitat for migrating whooping cranes; however, the project area is outside of the known migratory route for whooping cranes, and no whooping crane nest sites have been recorded near the POE. The proposed project should have no effect on this species.

In addition, no migratory bird nests were observed during the March 2010 site visit; however, birds could nest in the project area prior to construction. Construction is anticipated for October

2010, which would be outside of the breeding season for most birds. Therefore, it is unlikely the project will impact any migratory birds

The project area does not contain suitable habitat for grey wolf. In addition, the existing facilities and continual traffic and human disturbance at the project area would likely prevent whooping cranes or grey wolves from entering the project area. A Section 7 consultation letter has been sent to the U.S. Fish & Wildlife Service (USFWS), as well as the North Dakota Natural

Resources Program, to verify that there are no endangered or threatened species in the area

(PHE, 2010). GSA is awaiting a response from the USFWS and the North Dakota Natural

Resources Program.

…Affect a species under consideration for listing as endangered or threatened, or its critical habitat.

No. It is not anticipated that the proposed project would affect a species under consideration for listing as endangered or threatened or its critical habitat. GSA is awaiting a response from the

USFWS and the North Dakota Natural Resources Program.

…Alter a natural ecosystem:

No. The proposed project would not have a significant impact on natural ecosystems.

…Affect the water supplies of humans, animals, or plants:

No. The Red River is approximately ¼ mile east of the project area on the other side of I-29. The

Red River is a perennial stream and is likely considered a traditionally navigable water by the

USACE. The Red River would not be directly impacted by project activities.

…Affect the water table:

No. The surrounding land is currently open space/undeveloped and the only impervious surfaces are the roadways. The access road would be small in scale and would not significantly affect surface water recharge.

…Involve construction or use of a facility on or near an active geological fault:

No. There is no active geological fault in the region.

…Result directly or indirectly in construction on slopes greater than 15 percent:

No. The proposed site consists of relatively mild slopes.

…Result in construction on or near hydric soils, wetland vegetation, or other evidence of a wetland:

Yes. The project would impact some wetland vegetation, upland vegetation, and potentially a few trees. A wetland determination has been submitted to the USACE (GSA, 2010a).

…Result in construction on or near any other natural feature that could affect the safety of the public, or the environmental impacts of the action.

No. The project site is not located on or near any natural feature that could affect the safety of the public.

Checklist Question E:

Is the action likely to adversely affect a significant aspect of the sociocultural environment?

Is the action likely to:

…Cause the displacement or relocation of businesses, residences, or farm operations:

No. There are no businesses, residences, or farm operations in the immediate vicinity of the site that would be displaced by the action.

…Affect the economy of the community in ways that result in impacts to its character, or to the physical environment:

No. The action would only support the operations of the POE.

…Affect sensitive receptors of visual, auditory, traffic, or other impacts, such as schools, cultural institutions, churches, and residences:

No. There are no sensitive receptors located in the surrounding area, which is privately-owned agricultural land.

…Affect any practice of religion (e.g. by impeding access to a place of worship):

No. The proposed action would not impede access to a place of worship. There are no churches in the immediate vicinity of the proposed site.

…Result in the storage or discharge of pollutants in the environment of such a group:

No. The proposed action would not result in the storage or discharge of pollutants to the environment. The turbine would have no emissions or other discharge of any pollutants.

…Have adverse economic impacts on such a group:

No. The wind turbine would be constructed on GSA-owned land used for the POE.

…Alter the sociocultural character of such a group's community or neighborhood, or its religious practices:

No. The wind turbine would be constructed on GSA-owned land used for the POE.

…Alter such a group's use of land or other resources:

No. The wind turbine would be constructed on GSA-owned land used for the POE.

Is the action likely to have physical, visual, or other effects on:

…Districts, sites, buildings, structures, and objects that are included in the National Register of

Historic Places, or a State or local register of historic places:

No. There are no National Register districts, sites, buildings, structures, or objects within 1 mile of the project area.

…A building or other structure that is over 45 years old:

No, the POE is surrounded by rural agricultural land and was constructed in 1997.

…A neighborhood or commercial area that may be important in the history or culture of the community:

No. There are no neighborhoods or commercial areas that may be important in the history or culture of the community near the site. The POE is surrounded by rural agricultural land and has no structures.

…A neighborhood, commercial, industrial, or rural area that might be eligible for the National

Register as a district:

No. There are no listed or eligible neighborhoods, commercial, industrial, or rural areas that might be eligible for the National Register as a district in the project area.

…A known or probable cemetery, through physical alteration or by altering its visual, social, or other characteristics:

Not applicable. There are no known cemeteries within a 1 mile radius of the Pembina POE.

…A rural landscape that may have cultural or aesthetic value:

No. The project site is located within the boundaries of the POE, the turbine would have a minor effect on the aesthetic value of the land but aesthetic value is subjective and may be interpreted in many ways. The wind turbine may improve the aesthetic value to some and decrease it to others. The wind turbine would have no negative effect on the surrounding rural agricultural land.

…A well-established rural community, or rural land use:

The wind turbine would not impact the rural community or rural land use based on its location at the POE.

…A place of traditional cultural value in the eyes of a Native American group or other community.

No places of tradition cultural value exist near the property according to the EDR database search (EDR, 2010b) and the 1995 EA (GSA, 1995).

…A known archeological site, or land identified by archeologists consulted by GSA as having high potential to contain archeological resources:

Not applicable, based on findings from the EDR database search (EDR, 2010b) and the 1995 EA

(GSA, 1995). There are no known archeological sites or land within the area of concern.

…An area identified by archeologists or a Native American group consulted by GSA as having high potential to contain Native American cultural items.

No. There are no areas identified as having high potential to contain Native American cultural items within the project area.

Checklist Question F:

Is this action likely to generate controversy on environmental grounds?

No. Although wind turbines have been attributed to the disruption of birds in flight, most birds avoid collisions with wind turbine rotors, either by changing flight patterns or timing their flights through the rotor (Fernley et al. 2006). The proposed project could cause mortality to birds and bats; however, because the project consists of a single turbine, the project would likely have an insignificant impact on birds and bats.

Checklist Question G:

Is there a high level of uncertainty about your action's environmental effects?

No. The environmental effects of wind turbines have been investigated along with the environmental impacts on the proposed construction location. Therefore, a high level of uncertainty regarding environmental effects or potential impacts from this action does not exist.

Checklist Question H:

Is the action likely to do something especially risky to the human environment?

No. The construction effort at the site would be small and the wind turbine would have no emissions. Therefore it is unlikely that the proposed action would result in a risk to the human environment.

Checklist Question I:

Is the action part of an ongoing pattern of actions (whether under the control of GSA or others) that are cumulatively likely to have adverse effects on human environment?

Is the action likely to be:

…Part of an ongoing pattern of development that could collectively change the quality of the human environment, such as suburbanization, “gentrification,” or urban renewal?

No. The proposed action would not be considered a significant or contributing change to the surrounding area.

Checklist Question J:

Is the action likely to set a precedent for, or represent a decision in principle about, future

GSA actions that could have significant effects on the human environment?

No. The proposed action is of a demonstrated and routine construction and operation nature with no unknown or unacceptable risks.

Checklist Question K:

Is the action likely to have some other adverse effect on public health and safety or on any other environmental media or resources that are not specifically identified above?

No. There are no other anticipated public health, safety, or environmental effects that have been previously identified in this document.

References

Alberts, Daniel J. 2006. Addressing Wind Turbine Noise.

<http://www.maine.gov/doc/mfs/windpower/pubs/pdf/AddressingWindTurbineNoise.pdf>

Accessed: March 12, 2010.

Environmental Data Resources, Inc (EDR). 2010a. NEPACheck. Environmental Data Resources. March

12.

EDR. 2010b. Radius Map with GeoCheck. Environmental Data Resources. March 12.

EDR. 2010c. Historical Topographic Map Report. Environmental Data Resources. March 12.

Fernley, J., S. Lowther, and P. Whitefield. 2006. A review of goose collisions at operating wind farms and estimation of the goose avoidance rate. Unpublished report. West Coast Energy, Hyder

Consulting and Natural Research. 18 pp.

General Services Administration (GSA). 1995. Environmental Assessment: Proposed Border Station

(New Construction), Pembina, North Dakota.

GSA and CTA Architects-Engineers. 2003. Utilization and Expansion Feasibility Study, United States

Border Station Pembina, North Dakota, Final Submittal. November 8, 2003

GSA. 2010a. Letter to United States Army Corps of Engineers to Request Approved Jurisdictional

Determination

PHE. 2010. Letter to the U.S. Fish and Wildlife Service (USFWS) and the North Dakota Natural

Resources Program. March 11.

Sayler, Bryan. 2005. Phone Interview with Property Manager of the General Services Administration

U.S. Border Station Pembina, North Dakota. October 6, 2006.

U.S. Environmental Protection Agency. 2005a. Indoor Environments. Sources of Indoor Air Pollution –

Formaldehyde. <http://www.epa.gov/iaq/formalde.html> Accessed: March 12, 2010.

U.S. Environmental Protection Agency. 2005b. National Priorities List Sites in North Dakota.

<http://www.epa.gov/superfund/sites/npl/nd.htm> Accessed: March 12, 2010.

U.S. Environmental Protection Agency. 2010. Summary of the Resource Conservation and Recovery Act.

< http://www.epa.gov/regulations/laws/rcra.html> Accessed: March 12, 2010.

http://www.maine.gov/doc/mfs/windpower/pubs/pdf/AddressingWindTurbineNoise.pdf http://www.epa.gov/iaq/formalde.html

Appendix A

Section 7 Consultation Letters

Appendix B

EDR Report

FORM-BPK-MER

®kcehCoeG htiw tropeR ™paM suidaR RDE ehT

440 Wheelers Farms Road Milford, CT 06461 Toll Free: 800.352.0050 www.edrnet.com

Pembina POE 10985 Interstate 29 Pembina, ND 58271

Inquiry Number: 2719166.2s March 12, 2010

SECTION PAGE

Executive Summary ES1

Overview Map 2

Detail Map 3

Map Findings Summary 4

Map Findings 7

Orphan Summary 8

Government Records Searched/Data Currency Tracking GR-1

GEOCHECK ADDENDUM

Physical Setting Source Addendum A-1

Physical Setting Source Summary A-2

Physical Setting SSURGO Soil Map A-5

Physical Setting Source Map A-10

Physical Setting Source Map Findings A-11

Physical Setting Source Records Searched A-16

TC2719166.2s Page 1

Thank you for your business.

Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice

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TABLE OF CONTENTS

EXECUTIVE SUMMARY

TC2719166.2s EXECUTIVE SUMMARY 1

A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).

The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate.

TARGET PROPERTY INFORMATION

ADDRESS

10985 INTERSTATE 29

PEMBINA, ND 58271

COORDINATES

48.996600 - 48˚ 59’ 47.8’’Latitude (North):

97.240900 - 97˚ 14’ 27.2’’Longitude (West):

Zone 14Universal Tranverse Mercator:

628675.1UTM X (Meters):

5428349.5UTM Y (Meters):

784 ft. above sea levelElevation:

USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY

48097-H2 PEMBINA, MNTarget Property Map:

1979Most Recent Revision:

48097-H3 BATHGATE NE, NDWest Map:

1970Most Recent Revision:

AERIAL PHOTOGRAPHY IN THIS REPORT

2005, 2006Portions of Photo from:

USDASource:

TARGET PROPERTY SEARCH RESULTS

The target property was not listed in any of the databases searched by EDR.

DATABASES WITH NO MAPPED SITES

No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases:

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list

NPL National Priority List

TC2719166.2s EXECUTIVE SUMMARY 2

Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens

Federal Delisted NPL site list

Delisted NPL National Priority List Deletions

Federal CERCLIS list

CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System FEDERAL FACILITY Federal Facility Site Information listing

Federal CERCLIS NFRAP site List

CERC-NFRAP CERCLIS No Further Remedial Action Planned

Federal RCRA CORRACTS facilities list

CORRACTS Corrective Action Report

Federal RCRA non-CORRACTS TSD facilities list

RCRA-TSDF RCRA - Treatment, Storage and Disposal

Federal RCRA generators list

RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator

Federal institutional controls / engineering controls registries

US ENG CONTROLS Engineering Controls Sites List US INST CONTROL Sites with Institutional Controls

Federal ERNS list

ERNS Emergency Response Notification System

State- and tribal - equivalent CERCLIS

ND SHWS This state does not maintain a SHWS list. See the Federal CERCLIS list and Federal NPL list.

MN SHWS Superfund Site Information Listing

State and tribal landfill and/or solid waste disposal site lists

ND SWF/LF Solid Waste Landfills/Special Use Landfills MN SWF/LF Permitted Solid Waste Disposal Facilities

State and tribal leaking storage tank lists

ND LUST Leaking Underground Storage Tank List MN LUST Leak Sites INDIAN LUST Leaking Underground Storage Tanks on Indian Land

TC2719166.2s EXECUTIVE SUMMARY 3

State and tribal registered storage tank lists

ND UST Underground Storage Tank Data MN UST Underground Storage Tank Database ND AST Aboveground Storage Tank Listing MN AST Aboveground Storage Tanks INDIAN UST Underground Storage Tanks on Indian Land FEMA UST Underground Storage Tank Listing

State and tribal voluntary cleanup sites

INDIAN VCP Voluntary Cleanup Priority Listing

State and tribal Brownfields sites

ND BROWNFIELDS List of Brownfields Sites MN BROWNFIELDS Petroleum Brownfields Program Sites

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists

US BROWNFIELDS A Listing of Brownfields Sites

Local Lists of Landfill / Solid Waste Disposal Sites

DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI Open Dump Inventory INDIAN ODI Report on the Status of Open Dumps on Indian Lands

Local Lists of Hazardous waste / Contaminated Sites

US CDL Clandestine Drug Labs ND CDL Clandestine Drug Lab Location Listing MN CDL Clandestine Drug Labs US HIST CDL National Clandestine Laboratory Register

Local Land Records

LIENS 2 CERCLA Lien Information LUCIS Land Use Control Information System

Records of Emergency Release Reports

HMIRS Hazardous Materials Information Reporting System

Other Ascertainable Records

RCRA-NonGen RCRA - Non Generators DOT OPS Incident and Accident Data DOD Department of Defense Sites FUDS Formerly Used Defense Sites CONSENT Superfund (CERCLA) Consent Decrees

TC2719166.2s EXECUTIVE SUMMARY 4

ROD Records Of Decision UMTRA Uranium Mill Tailings Sites MINES Mines Master Index File TRIS Toxic Chemical Release Inventory System TSCA Toxic Substances Control Act FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing SSTS Section 7 Tracking Systems ICIS Integrated Compliance Information System PADS PCB Activity Database System MLTS Material Licensing Tracking System RADINFO Radiation Information Database FINDS Facility Index System/Facility Registry System RAATS RCRA Administrative Action Tracking System ND DRYCLEANERS Drycleaner Facility Listing MN DRYCLEANERS Registered Drycleaning Facilities ND NPDES Wastewater Facility Listing ND AIRS Permitted Airs Facility Listing MN AIRS Permit Contact List INDIAN RESERV Indian Reservations SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing COAL ASH DOE Sleam-Electric Plan Operation Data PCB TRANSFORMER PCB Transformer Registration Database COAL ASH EPA Coal Combustion Residues Surface Impoundments List

EDR PROPRIETARY RECORDS

EDR Proprietary Records

Manufactured Gas Plants EDR Proprietary Manufactured Gas Plants

SURROUNDING SITES: SEARCH RESULTS

Surrounding sites were not identified.

Unmappable (orphan) sites are not considered in the foregoing analysis.

TC2719166.2s EXECUTIVE SUMMARY 5

Due to poor or inadequate address information, the following sites were not mapped:

Site Name Database(s)____________ ____________

U S BORDER STATION ND UST

PEMBINA CITY SERVICE STATION FINDS

PEMBINA COMMUNITY CENTER FINDS

PEMBINA MUNI FINDS

PEMBINA COMMUNITY CENTER US BROWNFIELDS

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7 6 0

7 6 0

EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.

MAP FINDINGS SUMMARY

Search Target Distance Total

Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list

0 NR 0 0 0 0 1.000NPL

0 NR 0 0 0 0 1.000Proposed NPL

0 NR NR NR NR NR TPNPL LIENS

Federal Delisted NPL site list

0 NR 0 0 0 0 1.000Delisted NPL

Federal CERCLIS list

0 NR NR 0 0 0 0.500CERCLIS

0 NR 0 0 0 0 1.000FEDERAL FACILITY

Federal CERCLIS NFRAP site List

0 NR NR 0 0 0 0.500CERC-NFRAP

Federal RCRA CORRACTS facilities list

0 NR 0 0 0 0 1.000CORRACTS

Federal RCRA non-CORRACTS TSD facilities list

0 NR NR 0 0 0 0.500RCRA-TSDF

Federal RCRA generators list

0 NR NR NR 0 0 0.250RCRA-LQG

0 NR NR NR 0 0 0.250RCRA-SQG

0 NR NR NR 0 0 0.250RCRA-CESQG

Federal institutional controls / engineering controls registries

0 NR NR 0 0 0 0.500US ENG CONTROLS

0 NR NR 0 0 0 0.500US INST CONTROL

Federal ERNS list

0 NR NR NR NR NR TPERNS

State- and tribal - equivalent CERCLIS

N/A N/A N/A N/A N/A N/A N/AND SHWS

N/A N/A N/A N/A N/A N/A N/AMN SHWS

State and tribal landfill and/or solid waste disposal site lists

0 NR NR 0 0 0 0.500ND SWF/LF

0 NR NR 0 0 0 0.500MN SWF/LF

State and tribal leaking storage tank lists

0 NR NR 0 0 0 0.500ND LUST

0 NR NR 0 0 0 0.500MN LUST

0 NR NR 0 0 0 0.500INDIAN LUST

TC2719166.2s Page 4

Target Distance Total

Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

State and tribal registered storage tank lists

0 NR NR NR 0 0 0.250ND UST

0 NR NR NR 0 0 0.250MN UST

0 NR NR NR 0 0 0.250ND AST

0 NR NR NR 0 0 0.250MN AST

0 NR NR NR 0 0 0.250INDIAN UST

0 NR NR NR 0 0 0.250FEMA UST

State and tribal voluntary cleanup sites

0 NR NR 0 0 0 0.500INDIAN VCP

State and tribal Brownfields sites

0 NR NR 0 0 0 0.500ND BROWNFIELDS

0 NR NR 0 0 0 0.500MN BROWNFIELDS

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists

0 NR NR 0 0 0 0.500US BROWNFIELDS

Local Lists of Landfill / Solid Waste Disposal Sites

0 NR NR 0 0 0 0.500DEBRIS REGION 9

0 NR NR 0 0 0 0.500ODI

0 NR NR 0 0 0 0.500INDIAN ODI

Local Lists of Hazardous waste / Contaminated Sites

0 NR NR NR NR NR TPUS CDL

0 NR NR NR NR NR TPND CDL

0 NR NR NR NR NR TPMN CDL

0 NR NR NR NR NR TPUS HIST CDL

Local Land Records

0 NR NR NR NR NR TPLIENS 2

0 NR NR 0 0 0 0.500LUCIS

Records of Emergency Release Reports

0 NR NR NR NR NR TPHMIRS

Other Ascertainable Records

0 NR NR NR 0 0 0.250RCRA-NonGen

0 NR NR NR NR NR TPDOT OPS

0 NR 0 0 0 0 1.000DOD

0 NR 0 0 0 0 1.000FUDS

0 NR 0 0 0 0 1.000CONSENT

0 NR 0 0 0 0 1.000ROD

0 NR NR 0 0 0 0.500UMTRA

0 NR NR NR 0 0 0.250MINES

TC2719166.2s Page 5

Target Distance Total

Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

0 NR NR NR NR NR TPTRIS

0 NR NR NR NR NR TPTSCA

0 NR NR NR NR NR TPFTTS

0 NR NR NR NR NR TPHIST FTTS

0 NR NR NR NR NR TPSSTS

0 NR NR NR NR NR TPICIS

0 NR NR NR NR NR TPPADS

0 NR NR NR NR NR TPMLTS

0 NR NR NR NR NR TPRADINFO

0 NR NR NR NR NR TPFINDS

0 NR NR NR NR NR TPRAATS

0 NR NR NR 0 0 0.250ND DRYCLEANERS

0 NR NR NR 0 0 0.250MN DRYCLEANERS

0 NR NR NR NR NR TPND NPDES

0 NR NR NR NR NR TPND AIRS

0 NR NR NR NR NR TPMN AIRS

0 NR 0 0 0 0 1.000INDIAN RESERV

0 NR NR 0 0 0 0.500SCRD DRYCLEANERS

0 NR NR NR NR NR TPCOAL ASH DOE

0 NR NR NR NR NR TPPCB TRANSFORMER

0 NR NR 0 0 0 0.500COAL ASH EPA

EDR PROPRIETARY RECORDS

EDR Proprietary Records

0 NR 0 0 0 0 1.000Manufactured Gas Plants

NOTES:

TP = Target Property

NR = Not Requested at this Search Distance

Sites may be listed in more than one database

N/A = This State does not maintain a SHWS list. See the Federal CERCLIS list.

TC2719166.2s Page 6

MAP FINDINGSMap ID Direction

EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation

NO SITES FOUND

TC2719166.2s Page 7

ORPHAN SUMMARY

City EDR ID Site Name Site Address Zip Database(s)

PEMBINA U003036781 U S BORDER STATION I 29 58271 ND UST

PEMBINA 1011306885 PEMBINA CITY SERVICE STATION BEAUPRE ST 58271 FINDS

PEMBINA 1012127747 PEMBINA COMMUNITY CENTER 172 ROLETTE ST W 58271 US BROWNFIELDS

PEMBINA 1012092306 PEMBINA COMMUNITY CENTER 172 ROLETTE ST W 58271 FINDS

PEMBINA 1011988870 PEMBINA MUNI UNKNOWN 58271 FINDS

TC2719166.2s Page 8 http://www.edrnet.com/srf2/FinalSiteReport.aspx?ID=47i4Mx7e0ieR2HhMC5xGC9Vdehk0yf3CReGbRkQ2RoH2Ih054zzCUn5Vh5C4GCPCPs2NNVo5db8BIhh24k8cBhlykzfDe4nc7whibJ2tLMHwxsD8zgesj0yh2Gce4eRFn5x0H44hHo3gGCWr5wW4.FGm5CH33ccVtvdFf2YZhgvk724Bg7twiwe39iMZixoj24meXL0RO4e8eJlRP09IuHG3hvP3fnCW85lABwRGN8CLx3xUVNsdKI8zbhZakpN8GMy6bf2D160CNvRlR4bJGk.bRuugEkzXQzo4VL7lPird38pM8pxYh2tKesK0KJWeCe29Ray2fxHAkh2226hC885vN53BGEYC4o2oWV6UduV5WRhFNkRE8FcyL7faU9uuCRlRdqAxPGprbgc35ekqnQ4Q2 http://www.edrnet.com/srf2/FinalSiteReport.aspx?ID=47i4Mx7e0ieR2HhMC5xGC9Vdehk0yf3CReGbRkQ2RoH2Ih054zzCUn5Vh5C4GCPCPs2NNVo5db8BIhh24k8cBhlykzfDe4nc7whibJ2tLMHwxsD8zgesj0yh2Gce4eRFn5x0H44hHo3gGCWr5wW4.FGm5CH33ccVtvdFf2YZhgvk724Bg7twiwe39iMZixoj24meXL0RO4e8eJlRP09IuHG3hvP3fnCW85lABwRGN8CLx3xUVNsdKI8zbhZakpN8GMy6bf2D160CNvRlR4bJGk.bRuugEkzXQzo4VL7lPird38pM8pxYh2tKesK0KJ3eCe29Ray2fxHAkh2236hC885vN33BGEYC4o5oWV6UduV2WRhFNkRE8FcyL7faUAuuCRlRdqAxPGprbgc75ekqnQ4Q2 http://www.edrnet.com/srf2/FinalSiteReport.aspx?ID=47i4Mx7e0ieR2HhMC5xGC9Vdehk0yf3CReGbRkQ2RoH2Ih054zzCUn5Vh5C4GCPCPs2NNVo5db8BIhh24k8cBhlykzfDe4nc7whibJ2tLMHwxsD8zgesj0yh2Gce4eRFn5x0H44hHo3gGCWr5wW4.FGm5CH33ccVtvdFf2YZhgvk724Bg7twiwe39iMZixoj24meXL0RO4e8eJlRP09IuHG3hvP3fnCW85lABwRGN8CLx3xUVNsdKI8zbhZakpN8GMy6bf2D160CNvRlR4bJGk.bRuugEkzXQzo4VL7lPird38pM8pxYh2tKesK0KJ3eCe29Ray2fxHAkh2236hC885vN43BGEYC4o3oWV6UduV4WRhFNkRE9FcyL7faU9uuCRlRdq6xPGprbgc95ekqnQ4Q2 http://www.edrnet.com/srf2/FinalSiteReport.aspx?ID=47i4Mx7e0ieR2HhMC5xGC9Vdehk0yf3CReGbRkQ2RoH2Ih054zzCUn5Vh5C4GCPCPs2NNVo5db8BIhh24k8cBhlykzfDe4nc7whibJ2tLMHwxsD8zgesj0yh2Gce4eRFn5x0H44hHo3gGCWr5wW4.FGm5CH33ccVtvdFf2YZhgvk724Bg7twiwe39iMZixoj24meXL0RO4e8eJlRP09IuHG3hvP3fnCW85lABwRGN8CLx3xUVNsdKI8zbhZakpN8GMy6bf2D160CNvRlR4bJGk.bRuugEkzXQzo4VL7lPird38pM8pxYh2tKesK0KJ3eCe29Ray2fxHAkh2236hC885vN43BGEYC4o2oWV6UduVBWRhFNkRE4FcyL7faU5uuCRlRdq2xPGprbgc85ekqnQ4Q2 http://www.edrnet.com/srf2/FinalSiteReport.aspx?ID=47i4Mx7e0ieR2HhMC5xGC9Vdehk0yf3CReGbRkQ2RoH2Ih054zzCUn5Vh5C4GCPCPs2NNVo5db8BIhh24k8cBhlykzfDe4nc7whibJ2tLMHwxsD8zgesj0yh2Gce4eRFn5x0H44hHo3gGCWr5wW4.FGm5CH33ccVtvdFf2YZhgvk724Bg7twiwe39iMZixoj24meXL0RO4e8eJlRP09IuHG3hvP3fnCW85lABwRGN8CLx3xUVNsdKI8zbhZakpN8GMy6bf2D160CNvRlR4bJGk.bRuugEkzXQzo4VL7lPird38pM8pxYh2tKesK0KJ3eCe29Ray2fxHAkh2236hC885vN33BGEYC4oBoWV6UduVAWRhFNkREAFcyL7faUAuuCRlRdq9xPGprbgc25ekqnQ4Q2

To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required.

Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public.

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list

NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program.