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
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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. "