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HomeMy WebLinkAbout20140957 Ver 1_FERC Consultation for FAST-41_20161104Burdette, Jennifer a From: Nicholas Tackett <Nicholas.Tackett@ferc.gov> Sent: Friday, November 04, 2016 2:10 PM To: david.gouveia@noaa.gov; jennifer.goebel@noaa.gov; david.bernhart@noaa.gov; mark_woods@nps.gov; herbertyouungsjr@nps.gov; sheila_gasperson@nps.gov; mark.a.taylor@usace.army.mil; adam.e.fannin@usace.army.mil; jon.t.coleman@usace.army.mil; josh ua.d.shaffer@usace.army.mi1; william.t.walker@usace.army.mil; peter. r.kube@usace.army.mi1; steven.w.gibson@usace.army.mil; scott.c.mclendon@usace.army.mil; craigj.brown@usace.army.mil; tyler.crumbley@usace.army.mil; emily.b.hughes@usace.army.mil; John_Schmidt@fws.gov; barbara_douglas@fws.gov; elizabeth_stout@fws.gov; troy_andersen@fws.gov; john_hammond@fws.gov; john_ellis@fws.gov; lora _zimmerman@fws.gov; melinda_turner@fws.gov; tspeaks@fs.fed.us; afaught@fs.fed.us; jobeth brown @fs.fed.us; klandgraf@fs.fed.us; cnthompson@fs.fed.us; djclark@fs.fed.us; wwilson@fs.fed.us; kkarriker@fs.fed.us; laura.mckay@deq.virginia.gov; Willets, William; Higgins, Karen; Burdette, Jennifer a; susan.m.pierce@wv.gov; julie.langan@dhr.virginia.gov; roger.kirchen@dhr.virginia.gov; Bartos, Ramona; Gledhill-earley, Renee; smcdougal@pa.gov; patrick.v.campbell@wv.gov; wilma.reip@wv.gov; conniej.anderson@wv.gov; joseph.w.cochran@wv.gov; john.m.perkins@wv.gov; janine.howard@deq.virginia.gov; Reeder, Tom; ddrake@dep.state.pa.us; melanie.davenport@deq.virginia.gov; dave.davis@deq.virginia.gov; steven.hardwick@deq.virginia.gov; frederick.cunningham@deq.virginia.gov; andrew.hammond@deq.virginia.gov; Bennett, Bradley; Holley, John; david.lee@ncdenr.com; james.p.fedczak@wv.gov; beverly.d.mckeone@wv.gov; carrie.mccumbers@wv.gov; michael.dowd@deq.virginia.gov; tamera.thompson@deq.virginia.gov; Butler, Patrick; Hall, Steve; bhatch@pa.gov; blair.aaronM@epa.gov; McCurdy.Alaina@epa.gov;joe.t.scarberry@wv.gov; Angela.M.Woolard@dom.com; Matthew.R.Bley@dom.com; dougl79@dom.com; bill.williams@piedmontng.com; heather.sagar@noaa.gov; Elizabeth_Klein@ios.doi.gov; edward.e.belk.civ@mail.mil; lisa.mensah@osec.usda.gov; Wilson.Shari@epa.gov Subject: FERC Consultation for FAST -41 -Atlantic Coast Pipeline, Supply Header, and Lease Project Attachments: Atlantic Coast Project CPP.docx To whom it may concern - On December 4, 2015, the President signed into law the Fixing America's Surface Transportation (FAST) Act. Title 41 of the FAST Act (FAST -41) requires additional oversight and coordination of project reviews, with the goal of improving early consultation and coordination between government agencies. On September 22, 2016, the Executive Director of the Federal Infrastructure Permitting Improvement Steering Council finalized an inventory of projects covered by FAST - 41. Included on that list is the Atlantic Coast Pipeline, Atlantic Coast Pipeline Amendment, Supply Header, and ACP - Piedmont Lease Project (Project). In compliance with section 41003(c) of FAST -41, staff of the Federal Energy Regulatory Commission (FERC) has drafted a Coordinated Project Plan and Permitting Timetable for the Project. FERC staff is now seeking consultation with cooperating and participating agencies on the attached Coordinated Project Plan and Permitting Timetable. Under FAST - 41, a "participating agency" is an agency participating in an environmental review or authorization for a covered project. A "cooperating agency" is any agency with: (1) jurisdiction under federal law, or (2) special expertise with respect to an environmental issue. We are also seeking consultation with the project sponsor and relevant state resource agencies on the Permitting Timetable, and are seeking the concurrence of each cooperating agency on the Permitting Timetable. FERC staff has identified you as a representative of a consulting entity, and is seeking feedback on the attached document by no later than the close of business on November 14, 2016. Please submit any such feedback via email to Nicholas.Tackett@ferc.gov, and feel free to contact me with any procedural questions regarding the FAST -41 consultation process. FERC's rules prohibit off-the-record communications regarding the merits of contested proceedings. See 18 C.F.R. § 385.2201. Please forward this email, as needed, to agency representatives with decision-making authority on the applicable authorization or review being carried out by your agency. Absent a response from your agency, FERC staff must assume that this portion of FAST -41 consultation is complete and that you concur with the attached document, under such circumstances, we will use best -available information to estimate completion dates for your review/authorization. The President's Office of Management and Budget has requested that this Coordinated Project Plan and the associated Permitting Timetable be uploaded to max.gov and the Permitting Dashboard, respectively, by November22, 2016. Thanks in advance for your attention to this matter, and again, if you have any questions, please contact me. Nicholas Tackett Federal Energy Regulatory Commission 888 1st Street NE ( Washington, DC 20426 202-502-6783 ( niich€ llas.taakatU&I—o1-1- FAST -41 COORDINATED PROJECT PLAN Atlantic Coast Pipeline, Atlantic Coast Pipeline Amendment, Supply Header, and ACP - Piedmont Lease Project On September 22, 2016, the Executive Director of the Federal Infrastructure Permitting Improvement Steering Council finalized an inventory of projects covered by Title 41 of the Fixing America's Surface Transportation Act (FAST -41). Included on that list is the Atlantic Coast Pipeline, Atlantic Coast Pipeline Amendment, Supply Header, and ACP -Piedmont Lease Project (Project). L Background In accordance with FAST -41, an online database known as the "Permitting Dashboard" has been created to track the status of federal environmental reviews and authorizations for FAST -41 projects. A specific website for the Project is located here. The website includes the Project's location, lead agency information, sponsor contact information, and the following brief description: "This project consists of four proposals: Atlantic Coast Pipeline (Docket No. CP15- 554-000), Atlantic Coast Pipeline Amendment (Docket No. CP15-554-001), Supply Header (Docket No. CP15-555-000), and ACP -Piedmont Lease (Docket No. CP15-556- 000). Atlantic Coast Pipeline would increase natural gas transportation service by 1.5 Bcf/d in West Virginia, Virginia, and North Carolina through: (1) construction of 564 miles of pipeline; and (2) three new natural gas compressor stations. The Atlantic Coast Pipeline Amendment, filed 03/14/2016, amends the Atlantic Coast Pipeline application by adding construction of 80 miles of new natural gas pipeline and revising the pipeline route to include U.S. Forest Service land. Supply Header would provide 1.5 Bcf/d of additional natural gas transportation service to the Atlantic Coast Pipeline through: (1) construction of 37.5 miles of natural gas pipeline; and (2) additional capacity at three existing compressor stations in Pennsylvania and West Virginia. The ACP -Piedmont Lease consists of a proposal to lease capacity on an existing pipeline in North Carolina, which will be used by Atlantic Coast Pipeline." IL Coordinated Proiect Plan Section 41003(c) of FAST -41 requires the establishment of a Coordinated Project Plan (CPP) for each covered project. The CPP must contain the following four elements: 1. A list of, and roles and responsibilities for, all entities with NEPA or federal authorization responsibilities for the project. 2. A Permitting Timetable setting forth a comprehensive schedule of dates by which all environmental reviews and authorizations, and to the maximum extent practicable, state permits, reviews and approvals must be made. 3. A discussion of potential avoidance, minimization, and mitigation strategies, if required by applicable law and known. 4. Plans and a schedule for public and tribal outreach and coordination, to the extent required by applicable law. Atlantic Coast Project FAST -41 CPP These four elements are provided below for the Project. The President's Office of Management and Budget has requested that this CPP and the associated Permitting Timetable be uploaded to max.gov and the Permitting Dashboard, respectively, by November 22, 2016. A. List of Entities with Authorization and Environmental Oversight See Atlantic Coast Pipeline, LLC September 18, 2015 Filing, Volume I of Atlantic Coast Pipeline Application, FERC Docket No. CP15-554-000, at Exhibit J (pdfp. 157), available at: http://elibrary.ferc.gov/IDMWS/common/OpenNat.asp?fileID=13990931. See Dominion Transmission, LLC September 18, 2015 Filing, Volume I of Abbreviated Application for Supply Header Project, FERC Docket No. CP15-555-000, at Exhibit J (pdf p. 44), available at: http://elibrary.ferc.gov/IDMWS/common/OpenNat.asp?fileID=13991029. B. Permitting Timetable of all NEPA Reviews and Federal Authorizations See Appendix. C. Discussion of Mitigation Strategies FERC develops avoidance, minimization, and mitigation strategies by using: (1) the Project sponsor's proposed measures; and (2) comments, recommendations, and conditions submitted during the Project's scoping process and NEPA environmental review process by resource agencies, parties to the proceeding, and Commission staff D. Schedule for Public and Tribal Outreach Pursuant to FERC's pre -filing procedures for natural gas facilities, public and tribal outreach begins when the Director of FERC's Office of Energy Projects issues a notice commencing the pre -filing process. Within seven days thereafter, and following consultation with Commission staff, the Project sponsor must establish the dates and locations for conducting open houses and meetings with stakeholders (including agencies) and Commission staff Consultation timelines are provided in FERC's regulations at 18 C.F.R. § 157.21(f) (2016). See Federal Energy Regulatory Commission, Notice of Intent to Prepare an Environmental Impact Statement for the Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings (issued 02/27/2015). Document located at: http://elibrary.ferc.gov/IDMWS/common/opennat.asp?fileID=13788845. 2 Atlantic Coast Project FAST -41 CPP APPENDIX Permitting Timetable for Atlantic Coast Pipeline, Atlantic Coast Pipeline Amendment, Supply Header, and ACP -Piedmont Responsible Fe deralAge ncy Federal Permit/Review Intermediate Completion Date Final Completion Date Federal Energy Regulatory Commission Certificate of Public Convenience and Necessity for Interstate Natural Gas Pipelines N/A TBD* Federal Energy Regulatory Commission National Environmental Policy Act (NEPA) Compliance (Draft/Final NEPA documents) 12/30/2016 6/30/2017 Federal Energy Regulatory Commission NEPA Compliance Cont'd (Record of decision, as issued with final FERC certificate order) N/A TBD* National Oceanic and Atmospheric Administration (NOAA) — National Marine Fisheries Service (NMFS), Northeast Region Endangered Sp ecies Act Consultation (DOC) N/A 9/28/2017** NOAA-NMFS, Southeast Region Endangered Species Act Consultation (DOC) N/A 9/28/2017** National Park Service, Blue Ridge Parkway Non -Impairment Determination (separate from NPS permit) N/A 9/28/2017** National Park Service, Blue Ridge Parkway NPS Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Huntington Clean Water Act Section 404 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Huntington Section 10 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Pittsburgh Clean Water Act Section 404 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Pittsburgh Section 10 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Norfolk Clean Water Act Section 404 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Norfolk Section 10 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Wilmington Clean Water Act Section 404 Permit N/A 9/28/2017** U.S. Army Corps of Engineers, Wilmington Section 10 Permit N/A 9/28/2017** U.S. Fish and Wildlife Service, WV Endangered Species Act Consultation (DOI) N/A 9/28/2017** U.S. Fish and Wildlife Service, VA Endangered Species Act Consultation (DOI) N/A 9/28/2017** U.S. Fish and Wildlife Service, NC Endangered Species Act Consultation (DOI) N/A 9/28/2017** U.S. Fish and Wildlife Service, PA Endangered Species Act Consultation (DOI) N/A 9/28/2017** U.S. Forest Service, GW Forest and Appalachian Trail Special Use Permit (FS) N/A 9/28/2017** U.S. Forest Service, Monongahela NF Special Use Permit (FS) N/A 9/28/2017** *According to 18 C.F.R. § 3c. 2(b), "The nature and time of any proposed action by the Commission are confidential and shall not be divulged to anyone outside of the Commission. The Secretary of the Commission has the exclusive responsibility and authority,for authorizing the initial public release of information concerning Commission proceedings. " **The final completion dates are calculated according to 18 C.F.R. § 157.22 (2016), which provides that "a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law. " Atlantic Coast Project FAST -41 CPP Permitting Timetable for Atlantic Coast Pipeline, Atlantic Coast Pipeline Amendment, Supply Header, and ACP -Piedmont Intermediate Completion Final Responsible State Agency Federal Permit/Review Date Completion Date Virginia Department of Environmental Quality, Coastal Zone Management Program Section 307 CZMA Review N/A 9/28/2017** North Carolina Department of Environment and Natural Resources Section 307 CZMA Review N/A 9/28/2017** West Virginia Department of Culture, Recreation, and Tourism Section 106 NHPA Cultural Resources Review N/A 9/28/2017** Virginia Department of Historical Resources Section 106 NHPA Cultural Resources Review N/A 9/28/2017** North Carolina State Historic Preservation Office Section 106 NHPA Cultural Resources Review N/A 9/28/2017** Pennsylvania Historical and Museum Commission Bureau for Historic Preservation Section 106 NHPA Cultural Resources Review N/A 9/28/2017** West Virginia Department of Environmental Protection, Division of Water and Waste Section 401 CWA Review - Water Quality Management Certification N/A 9/28/2017** Virginia Department of Environmental Quality, Section 401 CWA Review - Water Quality Water Division Certification N/A 9/28/2017** North Carolina Department of Environment and Natural Resources, Division of Water Section 401 CWA Review - Water Quality Resources Certification N/A 9/28/2017** Pennsylvania Department of Environmental Protection, Bureau of Point and Non -Point Section 401 CWA Review - Water Quality Source Management Certification N/A 9/28/2017** West Virginia Department of Environmental Section 402 CWA Review - National Pollutant Protection, Division of Water and Waste Discharge Elimination System, Stormwater Management General Permit N/A 9/28/2017** Section 402 CWA Review - National Pollutant Virginia Department of Environmental Quality, Discharge Elimination System, Stormwater Water Division General Permit N/A 9/28/2017** North Carolina Department of Environment Section 402 CWA Review - National Pollutant and Natural Resources - Division of Energy, Discharge Elimination System, Stormwater Mineral, and Land Resources General Permit N/A 9/28/2017** West Virginia Department of Environmental Section 402 CWA Review - National Pollutant Protection, Division of Water and Waste Discharge Elimination System, Hydrostatic Test Management Discharge Permit N/A 9/28/2017** Section 402 CWA Review - National Pollutant Virginia Department of Environmental Quality, Discharge Elimination System, Hycrostatic Test Water Division Discharge Permit N/A 9/28/2017** Pennsylvania Department of Environmental Section 402 CWA Review - National Pollutant Protection, Bureau of Point and Non -Point Discharge Elimination System, Hycrostatic Test Source Management Discharge Permit N/A 9/28/2017** West Virginia Department of Environmental Title V CAA Review - Operating Permit for Air Protection, Division of Air Quality Emissions N/A 9/28/2017** Virginia Department of Environmental Quality, Title V CAA Review - Operating Permit for Air Air Division Emissions N/A 9/28/2017** North Carolina Department of Environment and Natural Resources - Division of Air Title V CAA Review - Operating Permit for Air Quality Emissions N/A 9/28/2017** Pennsylvania Department of Environmental Title V CAA Review - Operating Permit for Air Protection, Bureau of Air Quality Emissions N/A 9/28/2017** **The final completion dates are calculated according to 18 C.F.R. § 157.22 (2016), which provides that "a final decision on a requestfor a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law. "