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HomeMy WebLinkAbout20080258.tiff EQ re ctENT Op fry F 47/7 •° A. �$3\ `c ! ff0:rts Kinder Morgan Interstate Transmission, LLC Docket No. CP07-430-000 Colorado Lateral Expansion Project � Environmental Assessment Cooperating Agency: i U.S. Department of Energy, i-7, Western Area Power Administration Washington, DC 20426 FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON,D.C.20426 OFFICE OF ENERGY PROJECTS In Reply Refer To: OEP/DG2E/Gas 1 Kinder Morgan Interstate Gas Transmission, LLC Docket No. CP07-430-000 TO THE PARTY ADDRESSED: The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) on the natural gas pipeline facilities proposed by Kinder Morgan Interstate Gas Transmission, LLC (Kinder Morgan) in the above-referenced docket. Kinder Morgan's proposal (the Colorado Lateral Expansion Project) is to construct about 41.4 miles of 12-inch-diameter pipeline in Weld County, Colorado. The EA was prepared to satisfy the requirements of the National Environmental Policy Act of 1969. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of the proposed Colorado Lateral Expansion Project, as well as five lateral distribution pipelines totaling 10.8 miles, also in Wtld County, Colorado. The purpose of the Colorado Lateral Expansion Project is to provide an additional reliable source of natural gas to Greeley, Colorado. This project would add 57 million cubic feet per day of pipeline capacity from the Cheyenne Hub to distribution points in the Greeley market area. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission Public Reference Room 888 First Street NE, Room 2A Washington, DC 20426 Docket No. CP07-430-000 - 2 - Copies of the EA have been mailed to federal, state, and local agencies; public interest groups; affected landowners; interested individuals; newspapers and libraries in the project area; and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments on or before the date specified below. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your comments to: Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room lA Washington, DC 20426; • Label one copy of the comments for the attention of Gas Branch 1, PJ-11.1; • Reference Docket No. CP07-430-000; and • Mail your comments so that they will be received in Washington, DC on or before February 11, 2008. The Commission strongly encourages electronic filing of any comments, interventions, or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions of the Commission's web site at http://www.ferc.gov under the "e-Filing" link and the link to the User's Guide. Before you can file comments you will need to create a free account by clicking on "Login to File" and then "New User Account." You will be asked to select the type of filing you are making. This filing is considered a "Comment on Filing." Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). Only intervenors have the right to seek rehearing of the Commission's decision. Anyone may intervene in this proceeding based on this EA. You must file your request to intervene as specified above.' You do not need intervenor status to have your comments considered. ' Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion of filing comments electronically. Docket No. CP07-430-000 - 3 - Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet website (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on "General Search" and enter the docket number excluding the last three digits in the docket number field (i.e., CP07-430). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.Qov or toll free at 1-866-208-3676, or for TTY, contact (202) 502-8659. The eLibrary link on the FERC Internet website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notifications of these filings, document summaries and direct links to the documents. Go to the eSubscription link on the FERC Internet website. Kimberly D. Bose Secretary COLORADO LATERAL EXPANSION PROJECT ENVIRONMENAL ASSESSMENT TABLE OF CONTENTS Page TABLE OF CONTENTS List of Tables ii List of Figures ii Abbreviations and Acronyms iii 1.0 INTRODUCTION 1 1.1 Process 1 1.2 Purpose and Need 2 1.3 Proposed Facilities 2 1.4 Public Review and Comment 3 1.5 Permits, Approvals, and Regulatory Requirements 3 2.0 PROPOSED ACTION 4 2.1 Project Description 4 2.2 Land Requirements 5 2.3 Construction Methods 7 2.4 Future Plans and Abandonment 10 3.0 ENVIRONMENTAL ANALYSIS 10 3.1 Geology and Soils 10 3.2 Water and Wetlands 12 3.3 Vegetation, Fisheries, and Wildlife 17 3.4 Special Status Species 21 3.5 Cultural Resources 22 3.6 Land Use, Recreation, and Visual Resources 24 3.7 Air Quality and Noise 29 3.8 Reliability and Safety 31 3.9 Cumulative Impacts 37 4.0 ALTERNATIVES 37 5.0 CONCLUSIONS AND RECOMMENDATIONS 40 APPENDICES Appendix A Mainline Facility Maps 45 Appendix B Non-Jurisdictional Facility Maps 54 Appendix C List of Preparers 58 LIST OF TABLES Page Table 1 Major Permits, Licenses, Authorizations, and Clearances Required for the Colorado Lateral Expansion Project 4 Table 2 Water Supply Wells and Springs Within 150 Feet of the Colorado Lateral Expansion Project 13 Table 3 Waterbodies Crossed by the Colorado Lateral Expansion Project 14 Table 4 Wetlands Crossed and/or Impacted by the Colorado Lateral Expansion Project 16 Table 5 Seed Mix for the Colorado Lateral Expansion Project 19 Table 6 Acreage Affected by Construction and Operation of the Colorado Lateral Expansion Project 25 Table 7 Planned Developments Within 0.25 Mile of the Colorado Lateral Expansion Project 27 Table 8 Public Lands Crossed by the Colorado Lateral Expansion Project 28 Table 9 Estimated Construction Emissions (in tons) for the Colorado Lateral Expansion Project 30 LIST OF FIGURES Figure 1 General Location of Facilities; Colorado Lateral Expansion Project 6 Figure 2 Typical Right-of-Way Cross Sections for the Proposed Colorado Lateral Expansion Project 8 ii ABREVIATIONS and ACRONYMS Atmos Atmos Energy Corporation Certificate Certificate of Public Convenience and Necessity CDOW Colorado Department of Wildlife CDPHE Colorado Department of Public Health and Environment CFR Code of Federal Regulations CO carbon monoxide Commission Federal Energy Regulatory Commission CRP Conservation Reserve Program CWA Clean Water Act dBA decibels on the A-weighted scale WAPA U.S. Department of Energy, Western Area Power Administration DOT U.S. Department of Transportation Dth/d Dekatherms per day EA Environmental Assessment EAC Early Action Compact EI Environmental Inspector EPA U.S. Environmental Protection Agency ESA Endangered Species Act FERC Federal Energy Regulatory Commission FR Federal Register FWS U.S. Fish and Wildlife Service HCA High Consequence Area hp horsepower HDD horizontal directional drill Kinder Morgan Kinder Morgan Interstate Gas Transmission, LLC Lan day-night sound level MAOP Maximum allowable operating pressure MBTA Migratory Bird Treaty Act Memorandum Memorandum of Understanding on Natural Gas Transportation Facilities MMcfd million cubic feet per day MP milepost NEPA National Environmental Policy Act of 1979 NGA Natural Gas Act NO2 nitrogen dioxide NO,, nitrogen oxides NOI Notice of Intent to Prepare an Environmental Assessment NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NSA noise sensitive areas OEP Office of Energy Projects iii OPS Office of Pipeline Safety Pb lead PEM palustrine emergent PHMSA Pipeline and Hazardous Materials Safety Administration Plan Kinder Morgan's Upland Erosion Control, Revegetation, and Mitigation Plan PM particulate matter Procedures Kinder Morgan's Wetland and Waterbody Construction and Mitigation Procedures project Colorado Lateral Expansion Project PSCo Public Services Company of Colorado psi pounds per square inch PSS palustrine scrub/shrub Secretary Secretary of the Commission SHPO State Historic Preservation Office SO2 sulfur dioxide SPCC Plan Spill Prevention, Containment, and Countermeasure Plan VOC volatile organic compound iv 1.0 INTRODUCTION 1.1 Process The staff of the Federal Energy Regulatory Commission (Commission or FERC) prepared this environmental assessment (EA) to address the potential environmental effects of the construction and operation of facilities proposed by Kinder Morgan Interstate Gas Transmission, LLC (Kinder Morgan). These facilities are referred to in this EA as the Colorado Lateral Expansion Project. This EA was prepared in compliance with the requirements of the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality regulations for implementing NEPA (Title 40 of the Code of Federal Regulations, Parts 1500-1508 [40 CFR 1500-1508]), and the Commission's implementing regulations under 18 CFR 380. On August 6, 2007, Kinder Morgan filed an application in Docket No. CP07-430- 000 under Section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's regulations for a Certificate of Public Convenience and Necessity (Certificate) to construct, own, operate, and maintain about 41.4 miles of 12-inch-diameter pipeline and 4 meter stations in Weld County, Colorado. This assessment of environmental effects is an important and integral part of the FERC's decision as to whether to issue Kinder Morgan a Certificate to construct and operate the proposed facilities. Ourt principal purposes in preparing this EA are to: • identify and assess potential effects on the natural and human environment that would result from implementation of the proposed action; • assess reasonable alternatives to the proposed action that would avoid or minimize effects on the environment; and • identify and recommend alternatives and specific mitigation measures as necessary to minimize environmental effects. The FERC is the lead federal agency for preparation of this EA. This effort was undertaken with the participation and assistance of the Department of Energy, Western Area Power Administration (WAPA), which acted as a cooperating agency under NEPA. The EA will provide a basis for coordinated federal agency decision-making in a single document, avoiding duplication between federal processes. In addition to the lead and cooperating agencies, other federal, state, and local agencies may use the EA in approving or issuing permits or approvals for all or part of the proposed project (see section 1.5 of this EA). "We,""us,"and"our"refer to the environmental staff of the Commission's Office of Energy Projects. 1 1.2 Purpose and Need The purpose of the proposed Colorado Lateral Expansion Project is to provide an additional reliable source of natural gas to Greeley, Colorado. Kinder Morgan's proposal is designed to add 57 million cubic feet per day (MMcfd) of pipeline capacity from the Cheyenne Hub to distribution points in the Greeley market area and to enhance the ability of interconnecting pipeline companies and their customers to transport natural gas from the Cheyenne Hub to various market areas along the eastern slope of the Rocky Mountain Front Range in Colorado (the plains extending from Fort Collins on the north to Colorado Springs and Pueblo on the South). Kinder Morgan proposes to commence service on its Colorado Lateral Expansion Project in time for the 2008 winter heating season. 1.3 Proposed Facilities The Colorado Lateral Expansion Project consists of the construction of about 41.4 miles of 12-inch-diameter pipeline from the existing Rockport Compressor Station to a point on the west side of the City of Greeley. This pipeline would parallel an existing natural gas utility corridor for about 94 percent of its length. Four delivery meter stations would be constructed along the proposed right-of-way (the Eaton, Bracewell, Greeley North and West, and Greeley South Meter Stations). Kinder Morgan would also construct a check meter and 12-inch-diameter pig2 launcher within its existing Rockport Compressor Station; a 12-inch-diameter pig receiver within its proposed Greeley South Meter Station; five 12-inch-diameter block valves (one within each proposed meter station and one at milepost [MP] 15.5); and auxiliary equipment at each of the proposed meter stations. Non-jurisdictional Facilities The non-jurisdictional facilities related to the Colorado Lateral Expansion Project consist of five lateral distribution pipelines totaling about 10.8 miles to supply the cities of Greeley and Eaton, Colorado. The laterals would be constructed by Kinder Morgan, on behalf of Atmos Energy Corporation (Atmos), a local distribution company. These laterals would be subject to the review and jurisdiction of the Colorado Public Utilities Commission and would not be under the FERC's jurisdiction. However, we believe the laterals are an integral component of the proposed project and we have included an assessment of the lateral pipelines in this EA. 2 A pipeline "pig"is a device designed to internally clean or inspect the pipeline. A pig launcher/receiver is an aboveground facility where pigs are inserted or retrieved from the pipeline. 2 1.4 Public Review and Comment Kinder Morgan held a public open house in Greeley for the Colorado Lateral Expansion Project on April 10, 2007, providing project information and soliciting public comments on the proposed project. On August 30, 2007, the FERC issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Colorado Lateral Expansion Project and Request for Comments on Environmental Issues (NOI). The NOI was mailed to about 350 entities, including federal and state agency representatives; county and local government agencies (including libraries); elected officials; affected property owners along the proposed route; parties on the FERC's official service list for this proceeding; and other interested individuals. The NOI was published in the Federal Register on September 7, 2007 (72 FR 51433), and solicited comments on environmental matters pertaining to Kinder Morgan's application. The FERC received comments from the Public Service Company of Colorado (PSCo) asking that the non jurisdictional facilities be included in our environmental review and stating that infrastructure currently exists (PSCo's existing line) to transport the gas, thus negating the need for the project. The City of Greeley requested that the proposed Greeley North & West Meter Station and the Greeley South Meter Station comply with the Greeley Comprehensive Plan, providing for commercial development along the city's arterial corridors. Those and other environmental issues we identified during scoping are addressed in this EA. We made a site visit on October II, 2007, to examine the proposed route and identify potential environmental concerns. The site visit consisted of drive- and walk- throughs of the project area and included visits to locations of environmental concern brought up during scoping. 1.5 Permits, Approvals, and Regulatory Requirements The FERC is the lead federal agency responsible for authorizing natural gas pipeline facilities. Various federal, state, and local permits, in addition to the FERC Certificate, are necessary for the construction and operation of natural gas pipeline facilities. A list of major federal and state permits, licenses, authorizations, and consultations relevant to this project is presented in table 1. 3 TABLE 1 Major Permits, Licenses, Authorizations, and Consultations Associated with the Colorado Lateral Expansion Project Permit/Consultation/Authorization I Agency I Status Federal Certificate of Public Convenience Federal Energy Regulatory Application filed August 6, 2007 and Necessity Commission Section 7 Endangered Species Act U.S. Fish and Wildlife Service Surveys submitted June 7,2007 Section 10/404 permit U.S.Army Corps of Engineers Nationwide permit would be applied for 8 weeks prior to construction. License agreement and License Department of Energy,Western Initiated July 20,2007 Outgrant Area Power Administration State of Colorado Right-of-way grant State of Colorado,State Lands Grant application submitted July 20, Trust 2007 Utility permit Colorado Department of Permit application would be submitted Transportation 45 days prior to construction Threatened and endangered species Colorado Division of Wildlife Consultation initiated June 18,2007 consultation Cultural resources consultation Colorado State Historic Preservation Consultation initiated June 18,2007 compliance Office Hydrostatic test water permit and Colorado Department of Public Permit application would be submitted stormwater construction permit Health and Environment(CDPHE), 1 month before uptake Water Quality Control Division Construction dewatering permit CDPHE,Water Quality Control Permit application would be submitted Division 7 days before dewatering 2.0 PROPOSED ACTION 2.1 Project Description Kinder Morgan's proposed Colorado Lateral Expansion Project involves new transmission facilities from Kinder Morgan's existing Rockport Compressor Station at the Cheyenne Hub (a natural gas distribution center) to the City of Greeley, Colorado. The project would be located within Weld County, Colorado. The specific facilities are described below: • about 41.4 miles of 12-inch-diameter pipeline; • meter stations and other aboveground facilities; o Eaton Meter Station (200 feet by 200 feet fenced facility) at MP 30.25; o Bracewell Meter Station (50 feet by 150 feet fenced facility) at MP 35.45; o Greeley North and West Meter Station (200 feet by 200 feet fenced facility) at MP 37.5; 4 o Greeley South Meter Station (200 feet by 200 feet fenced facility) at MP 41.4; o Check meter and 12-inch-diameter pig launcher within the existing Rockport Compressor Station; o 12-inch-diameter pig receiver within the proposed Greeley South Meter Station; o Five 12-inch-diameter mainline block valve settings (one within each proposed meter station and one at MP 15.5); and o Auxiliary equipment at each of the delivery meter stations. • Non jurisdictional laterals and regulator facilities: o Eaton Lateral (4.85 miles of 6-inch-diameter pipeline) and regulator facilities (100 foot by 100 foot permanent site at each end of the lateral); o Bracewell Lateral (0.11 mile of 4-inch-diameter pipeline) and regulator facility (50 foot by 100 foot permanent site at the beginning of the Bracewell Lateral); o Greeley South Lateral (2.0 miles of 12-inch-diameter pipeline) and regulator facilities (100 foot by 100 foot permanent site at each end of the lateral); o Greeley North Lateral (2.0 miles of 12-inch-diameter pipeline) and regulator facilities (100 foot by 100 foot permanent site at each end of the lateral); and o Greeley West Lateral (1.8 miles of 8-inch-diameter pipeline) and regulator facilities (100 foot by 100 foot permanent site at each end of the lateral). 2.2 Land Requirements Kinder Morgan proposes to use a 75-foot-wide construction right-of-way for the jurisdictional pipeline. About 94 percent of the route would be parallel to (and overlapping) an existing natural gas utility corridor and offset from existing pipelines by 10 to 35 feet. The last 2.5 miles of the project would not parallel any existing pipelines. A total of 353.6 acres would be disturbed for the construction right-of-way. During operation of the project, Kinder Morgan would maintain a permanent 50-foot-wide right- of-way that would affect about 251.3 acres. An additional 4.6 acres would be converted to industrial use by operation of aboveground facilities (meter stations). The lateral pipelines would be constructed within a 40-foot-wide construction right-of-way, totaling about 52 acres of disturbance. The permanent right-of-way (maintained by Atmos) would be 20 feet wide and affect about 26 acres. An additional 0.8 acre would be changed to industrial land use from aboveground facilities (regulator facilities). 5 . .. .. ,. .,, .. o �— f �' — "— Detail Area III I — Rockportf , 92 ) ,f c ' t\ CompressorH i 1/45" a v _ -�O - Station I �\ 3 — i I CD ® 1,s �� L. ��� I co r .� _ ��-� 8.2 -.V 87 1 11Z j �r I' - i • , I. f I Oil I I 4 H ti p `tl i m S 1 • �. i• 0 F '• • , x _ 1 I wElo rountY RC 10�t00 - ! • Fa' LLINGTON( 01V I 1 NUNN.= I: <�. )- i Legend I S I 1\ ..,.j, ' o . CD � Mainline I 1' Z - ` I t S I I Fl mn_ I i Non-Jurisdictional Laterals �: tom; tw . _______`__ Railroad y j ,f� i ' t I PIERCE_ \ t\ 5°`-' — ' + �i ; a 't Limited Access \ 4 I . I _ II `l c _ o � � `� - v • Major Road 'f, �f Pr —4 I 1 �! `,L . �' Ij z'LL'INS . '7 - it , - 7 I- S,a ?v \ Eaton Meter Station ti \ `{I it,,,,,, (j-- __- J Eaton Lateral 2 68-TIMNATN °':,:0-----$------ -----..7-I'------5 =WW/eld`ounty Rd oie: — I^ o, SEVERANCE'- v '� "w a y N � I 1, .WINDSOR - I Bracewell Lateral` w _; E 5rth `' Bracewell Meter Stationf -- --. Greeley North and Jr "Greeley North and W � West Laterals LL West .. _ .z 2 1 0 2 Miles 24e Meter Station ,-�+�. aux `. rn ��' / Fi .:. pta �` GREELEY yin ■ ■ ND Mt t eeht 1 re tats, a e : / Colorado Lateral Project— o I Th° �Greeley South qs -'g 34 Weld County, Colorado nod orb er�\Meter Station w17 /7.EVANS ,�t eCT: ' .1460e` so w• • Greeley South LLatteeral-5°.: St— Aso . so,- . - ` -_. FIGURE 1 - is — ��...._.�'-_._. - "',, 1 �� LA SALLE�"` 6 . Two new access roads, one each at the Eaton and Bracewell Meter Stations respectively, would require a total of about 0.6 acre of disturbance. Additionally, two pipe storage yards would be used to construct the project (16.4 acres in the town of Pierce and 2.4 acres in Larimer County, Colorado). Both sites are currently in industrial use. 2.3 Construction Methods The Colorado Lateral Expansion Project would be designed, constructed, operated, and maintained in accordance with U.S. Department of Transportation (DOT) regulations in 49 CFR 192, "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards;" 18 CFR 380.15, "siting and maintenance requirements;" as well as other applicable federal and state regulations. Kinder Morgan's proposed construction would begin in April of 2008 and last about four months. Kinder Morgan would use typical construction procedures to build the pipeline. These activities consist of clearing, grading, trenching, stringing of pipe, pipe bending, welding, pipe coating, lowering in, backfill, cleanup, and hydrostatic testing. The aboveground facilities would be constructed using standard industry procedures. Kinder Morgan would minimize potential impacts of pipeline construction and maintenance by adopting the FERC's Upland Erosion Control, Revegetation, and Maintenance Plan (Plan) and Wetland and Waterbody Construction and Mitigation Procedures (Procedures)3, as its own. Kinder Morgan would clear the right-of-way of all large obstacles, such as trees, rocks, brush, and logs. Fences would be cut and braced along the right-of-way and temporary gates would be installed to control livestock and limit public access. In agricultural and residential areas and areas requested by the landowner, Kinder Morgan would stockpile topsoil separately from subsoil (or the upper 12 inches of topsoil, if topsoil is deeper) along one side of the right-of-way, allowing the other side to be used for access, material transport, and pipe assembly. A minimum of 3 feet of soil would cover all pipelines installed during the Colorado Lateral Expansion Project. Road and large stream crossings may require pipeline installation depth to exceed the typical 3 feet. In addition, the installation depth may exceed 3 feet in agricultural lands that are active or have the potential to be active in the future. Kinder Morgan would work with individual landowners to provide appropriate pipeline depths in these areas. Kinder Morgan would then string the 40- to 80-foot-long "joints" of epoxy-coated pipe adjacent to the pipeline trench. Rocks and other debris that could damage the pipe 3 The FERC staffs Plan and Procedures are available on the FERC Internet website at wvvw.fere.gov/industriesigas/enviro/guidelines.asp. 7 FIGURE 2 Typical Right-of-Way Cross Sections for the Proposed Colorado Lateral Expansion Project Typical Upland Construction Right-of-Way El BUFFER wawa— CONeim,cvoNLAN PPE STAGINGsueea� TOP Mil N MI 1 we Of M k a. I ��1Mf ae1N�11YS IYiINROS I a. Iei b /aWINnNt ceenumerman Typical Wetland Construction Right-of-Way RAW. R.O.W. BOUNDARY f BOUNDARY TRENCH & PIPELINE TOPSOIL SEDIMENT WRIER BAR TENCH AS REQUIRED SPOIL I SEDuea BARRIER AS REQUIRED TOPSO MURAL GRADE 1t MAX TIMBER RIPRAP OR EQUIPMENT MATS 25e 25. AS REQUIRED SPOIL SIDE WORIONG SIDE 50' or the coating would be removed from the trench. Then the pipe would be welded, inspected, coated with epoxy to cover the welds, lowered into the trench, and the trench backfilled. The pipeline would then be hydrostatically tested using municipal water as the source of test water and the water would be released adjacent to the construction right-of-way through an energy-dissipating device in a well-vegetated upland area. After the pipeline trench has been backfilled, Kinder Morgan would finish grade and remove any construction debris from the right-of-way. Original land contours would be restored as nearly as practicable. Any compacted subsoils would be disked, and the segregated topsoil would be returned as nearly as possible to its original horizon. Fences, gates, driveways, and roads disturbed by construction would be restored to original or better condition. The right-of-way would be reseeded. Revegetation would not be considered complete until the right-of-way condition is similar to adjacent undisturbed lands in density and composition, construction debris is removed, revegetation is successful, and proper drainage has been restored. Vegetation maintenance on the permanent right-of-way would not be conducted more frequently than once every 3 years. Special construction techniques would occur at road, railroad, wetland, and waterbody crossings, and in residential and agricultural areas. Railroads and paved roads would be crossed by boring to minimize public inconvenience. Non-paved roads would be open-cut or bored in coordination with and as approved by local authorities. Kinder Morgan would use flag persons, signs, barricades, guardrails, signals, and/or road plates when conducting open-cut crossings of roads. Waterbodies would be crossed using a dry crossing method. Dry crossing methods include the flume, dam and pump, and horizontal directional drill (HDD) methods. One of the dry crossing methods would be used to cross all waterbodies flowing at the time of construction. Kinder Morgan would install the pipe with a minimum of 5 feet of cover from the waterbody bottom to the top of the pipeline. A prefabricated segment of pipeline would be laid across the waterbody bed and continue 10 feet past the high banks on each side. Ditch plugs would be used to keep backfill from sloughing toward the center of the waterbody. Banks would be restored as close to the original grade as practicable. Kinder Morgan proposes to use the HDD method at certain locations to avoid direct impacts on sensitive areas or areas posing constructability issues, including Lone Tree Creek (MP 12.5), Greeley Canal Number 2 (MP 34.4), the Cache La Poudre River (MP 36.3), and State Highway 34 (MP 39.5). This process would involve boring a pilot hole beneath the waterbody or roadway to the opposite bank and then enlarging the hole with one or more passes of a reamer until the hole is the necessary diameter to accommodate the pipe. A prefabricated pipe segment would then be pulled through the hole to complete the crossing. A successful drill generally results in no impact on the 9 sensitive area. For this reason, an HDD is generally considered to be a preferred crossing method for sensitive waterbodies. However, an inadvertent release of drilling mud (frac-out) could occur along the path of the drill due to unfavorable ground conditions. Because an inadvertent release of drilling mud is a possibility in the project area, we recommend Kinder Morgan develop an HDD Contingency Plan that describes how the drilling operations would be conducted and monitored to minimize the potential for inadvertent drilling mud releases or failure of the drill. The HDD Contingency Plan should discuss procedures Kinder Morgan would implement to clean up drilling mud releases and seal the drill hole if an HDD cannot be completed. This plan should be filed with the Secretary of the Commission (Secretary) for the review and approval of the Director of the Office of Energy Projects (OEP) prior to construction. Kinder Morgan would not allow construction equipment, vehicles, hazardous materials, chemicals, fuels, lubricating oils, or petroleum products to be parked, stored, or serviced within 100 feet of any wetland or waterbody. Also, Kinder Morgan would prohibit refueling and storage of hazardous substances within a 200-foot radius of any private water well. Based on soil mapping and field observations, Kinder Morgan does not anticipate the need for blasting to obtain the necessary trench depth. 2.4 Future Plans and Abandonment Kinder Morgan has not identified any plans for future expansion of this portion of its transmission system or plans for abandonment of the proposed facilities. Properly maintained, and assuming adequate gas supplies and markets, the Colorado Lateral Expansion Project is expected to operate for 50 years or more. If and when Kinder Morgan abandons any of the proposed facilities, the abandonment would be subject to separate approvals by the FERC and other federal, state, and local agencies. 3.0 ENVIRONMENTAL ANALYSIS 3.1 Geology and Soils Geology The proposed Colorado Lateral Expansion Project would cross the Colorado Piedmont Section of the Great Plains Physiographic Province in Weld County. Below the unconsolidated alluvial and gravel sediments of Quaternary and recent geologic time are relatively horizontal sedimentary bedrock formations dating from the tertiary and late cretaceous period. 10 Shallow bedrock is likely to be encountered in scattered locations throughout the corridor. However, this bedrock is comprised of relatively soft, weathered, sedimentary material and would be rippable with normal trenching equipment. Therefore, blasting is not anticipated to be required for this project. Kinder Morgan has stated that if blasting were needed, it would comply with all federal, state, and local requirements. Further, blasting would be limited to the degree necessary to fracture the rock while minimizing vibration, noise, blast-rock scatter, and dust. Any excess rock would be disposed of at a state-approved commercial waste site. The proposed pipeline would not cross any areas of active mineral exploitation. Further, because 94 percent of the route would be adjacent to existing rights-of-way, no significant interference with future oil and gas production fields would occur. The Uniform Building Code seismic zone map indicates the project area is in a zone of minimal seismic risk (International Conference of Building Officials, Inc., 1997). Soils The Colorado Lateral Expansion Project would cross 46 different soil mapping units. Soils disturbed by the project have a wide range of characteristics: drainage characteristics ranging from poorly drained to well drained, slopes ranging from 0 to 20 percent, erosion characteristics ranging from highly erodible to not highly erodible, and a possibility of poor revegetation potential. We evaluated the soils along the project to identify major soil characteristics that could affect construction or increase the potential for construction-related soil impacts. The potential impacts on soils from construction due to erosion hazards, soil mixing, soil compaction potential, introduction of rock into the topsoil, and poor revegetation potential were evaluated. Kinder Morgan would avoid or minimize impacts during construction and operation of the Colorado Lateral Expansion Project by utilizing its Plan and Procedures. Construction of the pipelines would temporarily disturb prime farmland soils. Prime farmland consist of soils classified as those best suited for the production of food, feed, forage, fiber, and oilseed crops. These soils generate the highest yields with the least amount of expenditure. About 11.5 miles of land crossed by the project would disturb prime farmland. This is about 28 percent of the total 41.4 miles of the proposed pipeline. The majority of these impacts would be considered temporary in nature as Kinder Morgan would implement the measures contained in its Plan and Procedures to prevent erosion, compaction, and mixing of soils. Kim loam soils (which are considered prime farmland if irrigated) would be impacted by the construction of aboveground facilities. However, less than 5 acres of prime farmland would be permanently converted to industrial use. While these soil resources would be permanently lost, the acreage affected would not significantly reduce agricultural production within the project area. 11 Kinder Morgan proposes to conserve topsoil within croplands and pastures by segregating the topsoil within the ditch line. Active croplands would return to agricultural use after completion of the project. Prior to trenching, the topsoil from the ditch line would be stripped and segregated from the trench spoil. This segregated topsoil would be returned to the ditch following backfilling of the trench spoil. Further, in pastureland and other areas vegetated with perennial species, and where requested by the landowner, topsoil would be segregated from the ditch line only. However, segregating topsoil from the ditch line only is not consistent with our Plan that requires the stripping of topsoil from either the full work area or from the trench and subsoil storage area (ditch-plus-spoil-side) and does not provide an equal or greater level of protection. Therefore, we recommend that Kinder Morgan implement either full right-of-way topsoil stripping or ditch-plus-spoil-side topsoil segregation method in actively cultivated or rotated cropland and pastures, residential areas, and other areas at the landowner's or land managing agency's request. In residential areas, topsoil replacement (i.e., importation of topsoil) may be used as an alternative to topsoil segregation per landowner agreement. Upon completion of construction activities, all areas of project related disturbance would be returned to pre-construction grade and re-seeded according to local Natural Resource Conservation Service (NRCS) or landowner requirements. In compaction-prone areas, Kinder Morgan has committed to identifying areas of project-related compaction and would deep till, as necessary, to decompact the soils. Kinder Morgan would also limit the distribution of rock greater than 4 inches in size to reflect that of undisturbed adjacent areas. If contaminated or suspect soils (e.g., oil- stained soils) were identified during construction, Kinder Morgan would suspend work in the area until the type and extent of the contamination is determined. Kinder Morgan would implement its Spill Prevention, Control, and Countermeasure Plan (SPCC Plan) that specifies cleanup procedures in the event of soil contamination from spills. 3.2 Water and Wetlands Groundwater Groundwater withdrawal in the project area is primarily used for agriculture (greater than 90 percent). There is one alluvial aquifer(South Platte Alluvium Aquifer) and two sedimentary rock aquifers (Dakota-Cheyenne Aquifer and Laramie-Fox Hills Aquifer) that underlie the project area. Depth to the water table varies from 5 feet to several hundred feet below the project, with typical well yields ranging from 10 to 100 gallons per minute. No protected watersheds for groundwater supply wells have been identified in the project area, nor are there any U.S. Environmental Protection Agency (EPA) designated sole-source aquifers have been identified in Weld County. 12 Ten water supply wells were identified within 150 feet of the proposed work areas (table 2). Kinder Morgan would attempt to narrow the right-of-way to avoid two wells within the proposed right-of-way and increase the distance between other existing wells and the proposed right-of-way. Further, Kinder Morgan would conduct pre- and post- construction testing of water quality and flow rate. In the event that pipeline construction activities result in an adverse effect on a well, Kinder Morgan would provide a temporary replacement water supply and repair or replace the well and water lines. TABLE 2 Water Supply Wells and Springs Within 150 Feet of the Colorado Lateral Expansion Project Milepost I Distance from Edge of Construction Right-of-Way Wells 0.0 10 17.9 15 19.6 0 19.8 29 33.9 131 33.9 117 33.9 100 34.9 18 35.9 0 36.2 56 Springs 30.6 0 38.5 0 Two springs (MPs 30.6 and 38.5) that furnish water for livestock and wildlife are within the proposed construction right-of-way. Kinder Morgan would comply with its Procedures to minimize potential impacts on these springs, which include refueling equipment at distances greater than 100 feet from springs (or obtaining approval from an Environmental Inspector [EI]), locating extra workspace at distances greater than 50 feet from springs, maintaining flow of springs during construction, not using herbicides or pesticides within 100 feet of a spring during post-construction maintenance. Spills or leaks of hazardous liquids have the potential for long-term impacts on groundwater resources, especially in areas where there is a high susceptibility for surface contamination. Accidental spills and leaks of hazardous materials associated with equipment trailers; refueling or maintenance of vehicles; and other activities pose the greatest risk to groundwater resources. Construction equipment, vehicles, hazardous materials, chemicals, fuels, lubricating oils, and petroleum products would not be parked, stored, or serviced within a 200-foot radius of any private well or within 100 feet of any waterbody or wetland. 13 Surface Water Construction of the Colorado Lateral Expansion Project would cross a total of 22 waterbodies, including perennial streams (4), intermittent streams (3), irrigation ditches (14), and a pond. No major waterbodies (100 feet or greater from water's edge to water's edge) would be crossed by the proposed project. Table 3 identifies the MP, name, type designation, crossing width, state water quality classification, and crossing method for all waterbodies to be crossed. TABLE 3 Waterbodies Crossed by the Colorado Lateral Expansion Project Name Milepost/Lateral Type Water Quality Width Crossing Method w Classification'' Tributary to Owl 1.9 Intermittent R,A,Aq 21 Horizontal Directional Creek Drill(HDD) Lone Tree Creek 12.5 Intermittent R,A,Aq (warm 6 HDD water 2 fishery Open Water Pierce Lateral Irrigation ditch Not classified(NC) 12 HDD (OW)21-1 OW 22-1 Collins Lateral Irrigation ditch NC 76 HDD OW 22-2 Collins Lateral Irrigation ditch NC 26 HDD Eaton Ditch 28.9 Irrigation ditch NC 38 HDD Eaton Ditch 29.0 Irrigation ditch NC 51 HDD Eaton Ditch 29.3 Irrigation ditch NC 52 HDD 25-1 29.9 Intermittent R,A,Aq 4 Dry crossing OW 25-2 30.1 Irrigation Ditch NC 1 Dry crossing OW 25-3 30.6 Pond NC 0 a Not Applicable OW 26-1 31.3 Irrigation Ditch NC 4 Dry crossing OW 26-1 31.6 Irrigation Ditch NC 3 Dry crossing OW 27-2 33.6 Perennial R,A,Aq 4 Dry crossing OW 28-2 Greeley Lateral Irrigation Ditch NC 0 u Not Applicable Greeley#2 34.4 Irrigation Ditch NC 45 HDD Canal OW 29-3 35.7 Perennial R,A,Aq 9 Dry crossing Cache la Poudre 36.3 Perennial R,A,Aq (Warm 57 HDD River Water 2 fishery) OW 30-5 36.8 Irrigation Ditch NC 5 Dry crossing Sheep Draw 38.5 Perennial R,A,Aq 2 Dry crossing Boomerang 39.5 Irrigation Ditch NC 9 HDD Ditch Loveland and 41.2 Irrigation Ditch NC 16 HDD Greeley Canal a/ R—recreation. Class 2 secondary contact. Defined as suitable or intended to become suitable for recreational uses on or about the water. A—agriculture. Defined as suitable or intended to become suitable for irrigation of crops usually grown in Colorado and which are not hazardous for livestock drinking water. Aq—class 2—cold and warm water aquatic life. Defined as waters that are not capable of sustaining a wide variety of cold or warm water biota,including sensitive species. b/ All waterbodies flowing water at the time of crossing would be crossed by a dry crossing method(i.e.,flume,dam and pump,or HDD). If waterbody does not contain water,then it would be open cut. c/ Waterbody would not be crossed, but is within the workspace. 14 The only significant potential to encounter contaminated stream sediments in the project area is from agricultural chemicals, especially nitrate and nitrite. No municipal watershed areas, water intakes, or surface water protection areas are in the project area. Hydrostatic test water would be obtained from municipal or private irrigation canals with landowner approval. Kinder Morgan would cross most waterbodies using the HDD method. Successful use of this method would eliminate impacts on these waterbodies as a result of construction. Dry creeks would be open cut and any remaining flowing streams would be crossed with another dry ditch technique (dam and pump or flume). The technique would be selected based on site conditions at the time of the crossing. In accordance with its Procedures, Kinder Morgan would maintain water flow in crop irrigation systems, unless shutoff is coordinated with the affected parties. Further, Kinder Morgan would restore irrigation ditches to pre-existing condition or to a stable angle after construction is complete. The use of dry crossing methods would limit sedimentation and turbidity in the stream during construction. Open-cutting dry intermittent drainages may result in a sediment plume during the next rain event. However, the proposed crossing methods in addition to the use of its Procedures would limit the impacts on surface waters. Wetlands Wetlands are areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and normally do support, a prevalence of wetland vegetation adapted for life in saturated soil conditions. Wetlands can be a source of substantial biodiversity and serve a variety of functions that include providing habitat for wildlife, recreational opportunities, flood control,, and naturally improving water quality. Wetlands affected by the Colorado Lateral Expansion Project are regulated at the federal and state levels. On the federal level, the U.S. Army Corps of Engineers has authority under Section 404 of the Clean Water Act (CWA) to review and issue permits for activities that would result in the discharge of dredged or fill material into waters of the United States, including wetlands. Construction of the Colorado Lateral Expansion Project would cross 23 very small wetlands, of which 14 would be temporarily impacted by the project. The remaining 9 wetlands would not be impacted because they would be crossed using the HDD method. A total of 0.98 acre of palustrine emergent (PEM) wetlands and 0.08 acre of palustrine scrub-shrub (PSS) wetlands would be temporarily impacted during construction activities. The wetland type, crossing length, and locations are included in table 4. 15 The primary impact of the Colorado Lateral Expansion Project on wetlands would be the temporary alteration of wetland vegetation. These effects would be limited to during and immediately following construction. Generally, the wetland vegetation community would transition back into a community with a function similar to that of the wetland before construction. In general, emergent wetland vegetation would be expected to reestablish within 3 years after construction, while scrub-shrub vegetation would likely take somewhat longer. None of the aboveground facilities are located within field- delineated wetlands or within a 100-year floodplain. No forested wetlands would be crossed. The project would not result in any permanent impacts on wetlands. TABLE 4 Wetlands Crossed and/or Impacted by the Colorado Lateral Expansion Project ID Number Crossing Length Areas Impacted Location (feet)" (acres)°r (MP) PEM Wetlands WL 11-1 6 0 12.5 WL 24-1 9 0 28.8 WL 25-3B 0 0.06 30.6 WL 25-4 43 0 30.9 WL 27-2 13 0.02 33.6 WL 28-2 0 0.07 34.6 WL 29-3 6 0.01 35.7 WL 30-4 19 0.02 36.5 WL 30-5 4 <0.01 36.8 WL 31-1 325 0.56 38.1 WL 31-2 23 0.05 38.5 WL 31-3 36 0.08 37.7 I WL SL-1 138 0.11 41.3 PEM Total 0.98 PEM/PSS Wetlands WL 21-1 7 0 25.5 WL21-2 0 0.01 25.5 WL 22-1 13 0 25.9 1 WL 25-1 26 0 29.9 WL 25-2 9 0.01 30.1 WL 29-1 0 0.01 35.4 WL 30-2 187 0 36.2 WL 30-3 5 0 36.3 WL 31-1A 133 0.05 38.1 WL 32-1 4 0 39.5 PEM/PSS Total 0.08 Wetland Total 1.06 a/ Wetlands with no crossing length would be within the construction right-of-way, but not crossed by the pipeline. b/ Wetlands with no acres impacted during construction would be crossed by the HDD method. Kinder Morgan has agreed to restrict the construction right-of-way width to 50 feet in wetlands. Kinder Morgan would also cross several wetlands using the HDD 16 method, as noted in table 4. A successful HDD would eliminate impacts on those wetlands. Additionally, Kinder Morgan would comply with its Procedures which would: • restrict refueling within 100 feet of wetlands; • require topsoil segregation in unsaturated wetlands; • require installation of trench breakers at the wetland edges to prevent drainage; and • require restoration of the land to original contours, as practicable. Implementation of these and other mitigation measures would limit wetland impacts to the maximum extent practicable. 3.3 Vegetation, Fisheries, and Wildlife Vegetation The Colorado Lateral Expansion Project would cross vegetative cover types that include agricultural land, wetland, residential/commercial land, and open land (see table 6 in the land use section of this EA). About 419.8 acres of vegetation would be temporarily disturbed during construction, and about 256.5 acres would be impacted during operation of the jurisdictional facilities. An additional 52 acres would be disturbed during construction and 26 acres during operation of the non jurisdictional facilities. Wetland, agricultural and residential/commercial land uses are discussed in the wetland and land use sections, respectively, of this EA. No forested vegetation would be impacted as a result of the project. Vegetation in rangeland depends mostly upon soil moisture, but generally includes a variety of grasses and shrubs. The most common species observed included alfalfa, cereal rye, kochia, slender Russian thistle, smooth brome, blue grama, four-winged saltbrush, fringed sage, pricklypear cactus, rabbitbrush, and yucca. The primary impact of the pipeline facilities on vegetation would be the cutting, clearing, and/or removal of existing vegetation within the construction work areas. The degree of impact would depend on the type and amount of vegetation affected, the rate at which the vegetation would regenerate after construction, and the frequency of vegetation maintenance conducted during operation. Existing vegetation would be disturbed along the entire construction right-of-way. In general, the swath of upland vegetation that would be disturbed during construction of the Colorado Lateral Expansion Project would be 75-feet-wide for the 12-inch-diameter mainline pipeline. The non jurisdictional laterals would be constructed in a 40-foot-wide construction corridor. The mainline would parallel and overlap existing rights-of-way for about 38.9 miles (or 94 percent of the route). The pipeline would be offset from existing pipelines 17 by 10 to 35 feet and the construction right-of-way would generally overlap the existing rights-of-way by between 10 and 25 feet. This overlap would reduce impacts on previously undisturbed lands by limiting the width of the overall corridor. About 126.8 acres of rangeland land would be disturbed during construction and about 82.6 acres would be maintained during operation of the project. No permanent impacts would be expected on any vegetation from operation of the proposed pipeline. However, permanent impacts on vegetation would be expected where aboveground facilities would be located. To ensure that long-term impacts on vegetation are minimized, Kinder Morgan would construct, restore, and maintain its pipeline in accordance with its Plan and Procedures. Kinder Morgan would consult with the NRCS to identify erosion control cover species to be planted after construction is completed. Noxious Weeds Kinder Morgan would control noxious weeds in the fall or spring with specific controls recommended by the Weld County Weed Division (i.e., herbicides or mechanical cutting). Proposed seed mixes for upland native grassland and wetland and riparian areas are provided in table 5. Further, Kinder Morgan has agreed to develop and file with the Commission a Weed Control Plan prior to construction of the project. Fisheries The Colorado Lateral Expansion Project would cross 4 perennial and 3 intermittent streams. Only two of the streams have state classified designations (the Cache La Poudre River and Lone Tree Creek). Both of these waterbodies would be crossed by the HDD method eliminating impacts to any species within the stream. However, frac-out could occur in the project area. 1`f a frac-out were to occur, a release of water and bentonite clay into the waterbody would result in increased turbidity and sedimentation. Such a release could reduce dissolved oxygen, bury eggs and invertebrates, and/or reduce light penetration. We believe implementation of our recommendation for Kinder Morgan to develop an HDD Contingency Plan would minimize the effects of a frac-out if one were to occur. Wildlife Wildlife species inhabiting the Colorado Lateral Expansion Project area are characteristic of the habitats provided by the predominant vegetation communities. Crop and pasture land typically provide very little habitat for wildlife, although during harvest season cropland can become a significant forage area. 18 TABLE 5 Seed Mix for the Colorado Lateral Expansion Project'r Common Name Scientific Name Seed Application Rate (pounds/acre)b! Seed Mix for Shortgrass Prairie Western wheatgrass Pascopyrum smithii 1.6 Sideoats grama Bouteloua curtipendula 0.5 Blue grama Bouteloua gracilis 0.6 Little bluestem Schizachyrium scoparium 0.4 Indian ricegrass Acnatherum hymenoides 1.5 Prairie junegrass Koelera macrantha 0.1 Hairy false godenaster Heterotheca villosa 0.2 Dotted gayfeather Liatris punctata 0.25 Narrow leaf penstemon Penstemon angustifolius 0.25 Scarlet glovemallow Sphaeralcea coccinea 0.2 American vetch Vicia americana 3 Seed Mix for Wetlands and Riparian areas Creeping bentgrass Agrostis stolonifera 0.1 Nebraska sedge Carex nebrascensis 0.4 Common spikerush Eleocharis palustris 0.3 Canada wildrye Elymus Canadensis 2 Fowl mannagrass Glyceria striata 1 Torrey rush Juncus torreyi 0.05 Switchgrass Panicum virgatum 0.8 Western wheatgrass Pascopyrum smithii 3.2 Pale bulrush Scirpus pallidus 0.05 Yellow lndiangrass Sorghastrum nutans 2 Prairie cordgrass Spartina pectinata 1.4 a/ Seed mix may be modified based on site-specific conditions,seed availability, and/or landowner specifications b/ Seeding rate is pounds per acre of pure live seed applied by drilling. Seeding rates in uplands would be doubled if hydroseeded or broadcast. White-tailed deer, ring-necked pheasant, wild turkey, morning dove, homed lark, killdeer, red-winged blackbird, robin, coyote, eastern cottontail, swift fox, red fox, raccoon, plains pocket gopher, bullfrogs, chorus frogs, bull snake, western rattlesnake, and short-horned lizard are some examples of wildlife that could be present in agricultural areas. Wildlife that could be present in open or rangeland areas include several of the species mentioned above, as well as pronghorn, mule deer, red-tailed hawk, Swainson's hawk, great horned owl, black-tailed prairie dog, black-tailed jackrabbit, and plains pocket gopher. Several wildlife species associated with waterbodies could also be present in the project area such as: bald eagle, great blue heron, mallard, and painted turtle. Within the construction right-of-way, impacts on wildlife populations would result primarily from initial right-of-way clearing. Many animal species are mobile enough to avoid direct impacts. Therefore, the main impact on wildlife would be displacement into adjacent habitats. Some ground nesting or less mobile species may suffer mortality 19 during right-of-way clearing. However, the early successional grasses or shrubs during restoration may provide seeds and foliage for food for small mammals and birds. Once construction is complete and the right-of-way is restored, wildlife return to the project area. Kinder Morgan would construct and maintain the Colorado Lateral Expansion Project in accordance with its Plan and Procedures. No long-term wildlife impacts are expected, as plentiful, suitable wildlife habitat is adjacent to the existing right-of-way and the permanent right-of-way would receive limited vegetation maintenance (a maximum of once every 3 years). Migratory birds in the project area are species that nest in the United States and Canada during the summer and migrate south to the tropical regions of Mexico, Central and South America, and the Caribbean for the non-breeding season. Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) (16 U.S. Code [U.S.C.] 703-711) and Executive Order 13186 (66 FR 3853), which serve to protect migratory birds from adverse impacts. The executive order was enacted, in part, to ensure that environmental analyses of federal actions evaluate the impacts of actions and agency plans on migratory birds. It also states that emphasis should be placed on species of concern, priority habitats, and key risk factors and it prohibits the take of any migratory bird without authorization from the U.S. Fish and Wildlife Service (FWS). The destruction or disturbance of a migratory bird nest that results in the loss of eggs or young is also a violation of the MBTA. A variety of migratory bird species, including both songbirds and raptors, are associated with the habitats crossed by the Colorado Lateral Expansion Project route. Because no forested areas would be disturbed by the project, no forest fragmentation would occur. Impacts on habitat would be reduced by Kinder Morgan's adherence to its Plan, which identifies the steps Kinder Morgan would take to minimize disturbance during construction and restore disturbed areas following construction. Kinder Morgan's anticipated construction start date of April 1, 2008 would overlap the nesting season for many migratory bird species in the project area. Thus, construction may cause disturbance leading to abandonment of a nest and destruction of eggs or young. Indirect effects are associated with increased human presence and noise from construction activity near enough to active nests to disturb the birds. We do not believe that such effects would be significant for non-nesting birds, as individuals temporarily relocating to avoid construction activity is a minor impact of limited duration. Kinder Morgan has agreed to conduct surveys for raptors if construction would occur during the main breeding season (March 1 to July 15). No known active bald eagle nests or roosts occur within 1 mile of the proposed project. An inactive ferruginous hawk nest (MP 1.8) and an active great horned owl nest (MP 34.5) have been observed along 20 the project corridor. The inactive ferruginous hawk nest would be about 100 feet from the proposed right-of-way and the great horned owl nest would be about 500 feet from a proposed HDD boring entrance. While there are not federal restrictions for construction adjacent to a great horned owl nest, Colorado Division of Wildlife (CDOW) typically recommends a 0.25-mile buffer between construction and any active nest during the nesting season (January 21 through May 15). To assist the CDOW in its management and protection of this species, we recommend that no construction occur within 0.25 mile of an active great horned owl nest between January 21 and May 15. If the inactive ferruginous hawk nest becomes active, CDOW recommends no construction activity within 0.5 mile of the nest until the young have fledged or the nest fails due to natural causes and is no longer in use. Kinder Morgan has agreed to implement this and any other mitigation measures recommended by the CDOW for the ferruginous hawk. Additionally, Kinder Morgan would: employ best management practices during all phases of construction; inspect open trenches daily for the presence of wildlife that may have fallen in; and give a method of egress (ramps) for larger animals that may have fallen in. Any impacts on wildlife resources from construction and/or operation would be minimized by Kinder Morgan's implementation of its proposed mitigation and our recommendation. 3.4 Special Status Species Special status species are those species for which state or federal agencies afford an additional level of protection by law, regulation, or policy. Included in this category are federally listed species that are protected under the Endangered Species Act (ESA), as amended, and those species that are state listed as threatened or species of concern. Kinder Morgan, acting as the FERC's non-federal representative for the purpose of complying with Section 7(a)(2) of the ESA, initiated informal consultation with the FWS and CDOW regarding federally and state listed species with the potential to be affected by the proposed Colorado Lateral Expansion Project. On June 7, 2007, Kinder Morgan requested concurrence with its finding that no listed species would be impacted by the proposed project. On July 10, 2007, the FWS responded, stating that no listed species (including the federally threatened Preble's meadow jumping mouse, Ute ladies'- tresses orchid, and Colorado butterfly plant) would be likely to be present within the project area and that consultation regarding the project is complete. We concur. 21 Three Colorado state threatened species and one species of special concern (brassy minnow, common shiner, Johnny darter and Iowa darter) have been reported to occur in streams crossed by the project. With Kinder Morgan's proposed waterbody construction crossing methods (either HDD or dry crossing method for any waterbody flowing water at the time of construction), impacts on these species are not expected. Further, Kinder Morgan would comply with a state-issued discharge permit and EPA -issued National Pollution Discharge Elimination System Permit. No state-threatened burrowing owls or burrows were observed in the project area (burrowing owls require prairie dog or other suitable burrows for nesting and roosting) during Kinder Morgan's field surveys. If burrowing owls or burrows are discovered during construction, Kinder Morgan has agreed to implement the Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls (CDOW 2007). This protocol recommends conducting surveys for burrowing owls between March 15 and October 31, in the early morning (1/2 hour before sunrise until 2 hours after sunrise) and early evening (2 hours before sunset until 1/2 hour after sunset). At least three surveys should be conducted at each survey point and surveys should be separated by about one week. If burrowing owls are present, Kinder Morgan would carefully monitor the activities of the owls, noting and marking which burrows they are using. Kinder Morgan would wait to initiation construction activities within 150 feet of any active burrows until after November 1 or until it can be confirmed that the owls have left the burrow. No mountain plover nests (state-species of concern) were observed within the project area. However, if mountain plover nests are discovered, Kinder Morgan has agreed to delay construction within 0.25 mile of any mountain plover nests until seven days after any chicks have hatched and left the nest. No bank dens or other signs of state- threatened river otters were observed in the project area. No state-listed threatened or endangered species would be impacted by the proposed project. 3.5 Cultural Resources Kinder Morgan conducted a cultural resources survey of the proposed project. A 200-foot-wide corridor was surveyed for the Colorado Lateral, and the Eaton, Bracewell, Greeley North, Greely South, and Greely West Laterals. In addition, meter stations, extra work spaces, off-load/storage yards, and access roads were surveyed. The reports for these surveys (one for the jurisdictional facilities, and one for the non jurisdictional facilities) were provided to the FERC and the Colorado State Historic Preservation Office (SHPO). The survey report for the jurisdictional facilities was also provided to WAPA. For the jurisdictional facilities, 48 cultural resource sites were identified; 29 previously recorded and 19 new sites. Of these, seven were recommended as eligible for the National Register of Historic Places (NRHP). These include a segment of the Great Western Railroad (5WL841.12), the Greeley No. 2 Canal (5WL842.1), the Larimer-Weld 22 Canal/Eaton Ditch/Eaton Canal (5WL844.2), the Loveland Greeley Canal (5WL898.4), the Union Pacific Railroad-Cheyenne Branch (5WL1969.33), the Cheyenne to Richard Lake Transmission Line (5WL3167), and the Firestien Farm complex (5WL5549). Avoidance of these resources was recommended. Another two (5WL5561.1 and 5WL5567.1—both historic ditches) require additional data before NRHP eligibility can be evaluated. All of these resources were identified on the Colorado Lateral. Kinder Morgan indicated it would avoid effects on sites 5WL841.12, 5WL842.1, 5WL844.2, 5WL898.4, and 5WL1969.33 by boring beneath them, and not directly impact above- ground sites 5WL3167 and 5WL5549. Kinder Morgan also proposed that because it would restore ditches 5WL5561.1 and 5WL5567.1 to pre-construction conditions, there would be no adverse effects to these two resources. In a letter dated July 16, 2007, the SHPO agreed with these recommendations with the exception of site 5WL5549, for which the SHPO requested additional information. The SHPO also requested additional information on another site, 5WL302, in order to determine eligibility, as well as other additional information. For the non jurisdictional facilities, 21 cultural resource sites were identified, 10 previously recorded and 11 new sites. Of these, four were recommended as eligible for the NRHP. These include a segment of the Great Western Railroad (5WL841.12), the Larimer-Weld Canal/Eaton Ditch/Eaton Canal (5WL844.2), the Gates Siding (5WL855), and an historic site (5WL1005). Avoidance of these resources was recommended. Another three (5WL5564.1, 5WL5569.1, and 5WL5570.1—all historic ditches) require additional data before NRHP eligibility can be evaluated. All of these resources were identified on the Eaton Lateral. In its letter dated July 16, 2007, the SHPO agreed with these recommendations, including that these seven sites should be avoided, and requested clarification on a number of items. Kinder Morgan responded to the SHPO's comments, provided additional information, and indicated that upon further inspection, it would avoid site 5WL302 and avoid all historic structures at site 5WL5549 (URS letter dated September 11, 2007). In addition, Kinder Morgan indicated that for the seven eligible or "need data" sites associated with the non-jurisdictional facilities, it would avoid or minimize effects using boring, restoration, or barricading, and because of this, proposed that the project would have no adverse effect on these sites. In a letter dated September 25, 2007, the SHPO indicated that based on the information submitted, "a finding of'no adverse effect' for the mainline and pipeline laterals is appropriate." The SHPO further indicated that additional consultation would be necessary if Kinder Morgan could not carry out its proposed protection of 5WL302, 5WL5549, and the other eligible or potentially eligible properties. In a letter dated November 2, 2007, WAPA indicated that "the project is unlikely to adversely affect the sites" managed by WAPA. We agree with the SHPO and WAPA. 23 One segment along the Colorado Lateral (approximately 1.0 mile) was initially un- surveyed due to denied access. Kinder Morgan provided a supplemental survey report for this segment and some additional project modifications; no cultural resources were identified. In a letter dated October 12, 2007, the SHPO indicated that no historic properties would be affected by project activities in these areas. We agree. Kinder Morgan contacted the Cheyenne and Arapaho Tribes of Oklahoma, Cheyenne River Sioux Tribe, Crow Creek Sioux Tribe, Northern Arapaho Tribe, Northern Cheyenne Tribe, Oglala Sioux Tribe, Pawnee Nation of Oklahoma, Rosebud Sioux Tribe, Standing Rock Sioux Tribe, and the Colorado Commission of Indian Affairs regarding the proposed project, and followed up with these same groups. The Rosebud Sioux responded that they did not have any concerns, but requested to be notified if any sites would be affected by the project. No other responses have been received to date. Kinder Morgan provided a plan to deal with the unanticipated discovery of historic properties and human remains during construction. We requested revisions to the plan. Kinder Morgan provided a revised plan which we find acceptable. 3.6 Land Use, Recreation and Public Lands, and Visual Resources Land Use About 471.8 acres of land would be affected by the construction right-of-way of the proposed Colorado Lateral Expansion Project pipelines (jurisdictional and non- jurisdictional). Of the 471.8 acres, 282.5 would remain as operational right-of-way while the remaining 189.3 acres would be temporary right-of-way. All extra temporary construction right-of-way would be allowed to revert to pre-construction land uses. About 18.8 acres of land would be disturbed by contractor yards during construction; however, these areas would be allowed to revert to pre-construction conditions and uses following construction. About 5.4 acres of land would be permanently affected by the construction and operation of aboveground facilities. The proposed facilities would be located primarily on private land. However, land owned by the state of Colorado, WAPA, and the cities of Thornton and Greeley would be crossed, as would federal, state, and Weld County roads. The mainline would parallel existing pipeline rights-of-way for about 38.9 miles (94 percent of the route). Railroads and paved highway crossings would be horizontally bored. New permanent access roads are proposed at the Eaton and Bracewell Meter Stations. No other new access roads are proposed. 24 co � o § » ; » 0) G 0) o « § ± ooi | : 6 , •o• -o_ r _ kg -` et c ea to f . ! _ „ o o = _ a2CI � ` C 0 , 0 0 111 11; : , 6 , _ , _ , co Of 0 - CL � � � co o � ) � o 0 , _ _ _ _ _ 4:3 co R ■ « iit co 2 & 2 0 , 6 o0 , , , 0 co \ CO I.: CO 0 c.a ` o oi = oo = , , _ = co 2 .— ] ‘CI CC - , , = o = _ _ ) \ o , ° � > 0 m * t ■ � _ k7 , ) 0 fo. ! o ° _ ,0 O) ,0 = o 6 7n ! §/ [ ® ] §d \ O. CV , o CV OD CV o , o. _ CV ° k \ } k ) e � CO _ 0_a I:40 0 / _ o o , , ,0 000 • - - mac Cal) 110- - 00V .07 « CO 0.1 cg § 7 | a = CO - „LO co : , _ _ .- co_ 7ao o 2 co az § � } , , _ = 0 in o) 0 00 In, , _• ) / § a) / § � - wa)20E co ] � J = o , , , , o o * faa ; palm ) 0 , _ � 2 , ; f ! G ` a ] k0 2 Z � lk ) ) Dm , S2 ®� }! ! [®\ ; \ � - | \7V ; § & . � f; � f� , � c . , u_ - ! ; - ° - 2 - )$ � ) ® lZfe ■ ` 2 cif 2 �� � ! ! ®! a! o , 2 oCa- Two contractor yards would be used to construct the project (one in the town of Pierce, Colorado, and the other an existing railroad siding about 7 miles west of MP 40). Both sites are currently industrial areas. Agricultural land consists primarily of winter wheat, corn, and alfalfa. About 264.8 acres of agricultural land would be impacted during construction; 161.1 acres would be maintained during operation; and 2.84 acres would be permanently altered by operation of meter stations (Bracewell, Eaton, Greeley North and South, and Greeley South). Construction-related activities such as grading, trenching, stringing, welding, backfilling, and restoration could impact agricultural lands by leading to soil erosion; interference with and damage to agricultural surface and sub-surface drainage and irrigation systems; loss of fertile topsoil or mixing and subsoil; and soil compaction. All of these impacts could result in reduced productivity or direct crop loss. Kinder Morgan proposes to restore all disturbed areas associated with the construction of the project in accordance with its Plan. Kinder Morgan's Plan includes typical measures such as avoiding or minimizing topsoil/subsoil mixing and ensuring that compaction and other construction-related effects are rectified. Kinder Morgan would compensate agricultural landowners for actual crop losses resulting from the removal of standing crops, disruption of planned seeding activity, disruption of general farming activities, or other losses resulting from construction of the pipeline as negotiated in individual easements with the landowners. Kinder Morgan would conduct post-construction monitoring to evaluate right-of-way restoration within affected agricultural areas. Restoration would be considered successful in agricultural areas if crop yields are similar to adjacent undisturbed portions of the same field. With implementation of Kinder Morgan's Plan, no impacts on agricultural lands would be expected by the operation of the project, with the exception of aboveground facilities. The 2.84 acres that would be converted to industrial land use by the operation of the proposed meter stations would be a minor reduction in the productivity of the region. Eight planned commercial or new residential subdivisions would be located within 0.25 mile of the proposed project. Table 7 lists these proposed developments. The Colorado Lateral Expansion Project would not conflict with any of the planned developments. However, dust, noise, and increased construction traffic could temporarily impact residents in relative close proximity to the project. Kinder Morgan would control dust by implementing a Fugitive Dust Control Plan that would include methods such as watering the construction right-of-way, posting a speed limit on the construction right-of-way, 26 compressing dirt on disturbed areas to reduce wind erosion, installing gravel pads at road crossings, and cleaning trucks, as needed, to reduce dirt and mud tracked onto roads (track-out). Impacts on local traffic during construction would be minimized by Kinder Morgan's use of flag persons, signs, barricades, guardrails, signals, and/or road plates. Two residences (MPs 31.7 and 39.3) and 4 other out-buildings would be located within 50 feet of construction workspace. As construction approaches the residences, Kinder Morgan would install construction fencing at the edge of the construction right- of-way before initiating earth moving activities. This fencing would extend for 100 feet on either side of the residence. Kinder Morgan would restore any landscaping damaged during construction. No residences would be within 25 feet, and no impacts would be expected by operation of the project. TABLE 7 Planned Developments Within 0.25 Mile of the Colorado Lateral Expansion Project Development Approximate Effects on Development from the Milepost Proposed Pipeline Poudre River Ranch is a single-family Not within pipeline Not affected; pipeline would be across subdivision under construction on the east side right-of-way road from planned development. of 83r°Avenue at Poudre River Road The Greens at Boomerang Links is a single- 37.6-38.0 Pipeline would be along a family subdivision under review at the northeast greenbelt/utility corridor,would not corner of 83r°Avenue and 10th Street affect development plans The Boomerang subdivision is a mixed 38.1-38.5 Pipeline would be along a commercial and residential development under greenbelt/utility corridor,would not review at the Southeast corner of 83rd and 10`h affect development plans Street Stephens Farm is a proposed residential Not within pipeline Not affected; pipeline would be across subdivision west of 83rd Avenue between 10'" right-of-way road from development Street and Sheep Draw Mountain Shadows is a residential subdivision 38.7-38.9 Pipeline right-of-way would be located under construction west of 83rd Avenue and in an"outlor area of the development, north of 18th Street Road. outside planned building area. Mountain Vista Office Park is a developing Not within pipeline Not affected; pipeline would be located commercial area east of 83rd Avenue between right-of-way across road from development. 18th Street Road and 20th Street The Owl Ridge(aka Talon)development is a 39.3-39.5 Pipeline right-of-way is located in an mixed industrial,commercial,and residential "outlot"area of the development, project east and west of 83rd Avenue between outside planned building area. 20th Street and U.S. Highway 34. Cobblestone is a residential subdivision under Not within pipeline Not affected; pipeline is outside area of review south of U.S. Highway 34 and west of right-of-way development. 71s'Avenue. Recreation, Public, and Special Use Lands No special land use areas, such as orchards, specialty crops, operating mines, national or state forests, Indian reservations, wildlife management areas, or conservation areas would be crossed by the proposed project. No national or state wild and scenic rivers, national trails, wilderness areas, scenic areas, or registered national landmarks 27 would be within 0.25 mile of the project. Additionally, no landfills or hazardous waste sites would be within the project area. The proposed project would cross land owned by WAPA. Additionally, Kinder Morgan would construct a meter station on this property adjacent to a large electrical substation. Public lands that would be crossed by the project (excluding roads) are depicted in table 8. TABLE 8 Public Lands Crossed by the Colorado Lateral Expansion Project MP Land Use Owner 1.5-1.9 Rangeland State of Colorado 25.9-27.3 Agriculture City of Thornton 28.5-28.8 Agriculture City of Thornton 36.3-36.7 Rangeland/Recreation City of Greeley 37.5-38.0 Rangeland/Industrial WAPA Conservation Reserve Program (CRP) lands would be crossed around the town of Nunn, by the proposed project. CRP lands are properties that have been taken out of crop production and are usually planted with an herbaceous ground cover that will conserve the soil. Kinder Morgan has agreed to consult with the NRCS regarding seed mixes for restoring any CRP lands crossed. The Poudre River Trail (currently under construction through a cooperative effort between the cities of Greeley and Windsor) would be crossed by the proposed project. The Poudre River Trail will be 20 miles long and extend from Island Grove Regional Park in the City of Greeley to the Weld/Larimer County, Colorado line. This trail would be crossed by the HDD proposed for the Cache La Poudre River. Therefore, no impacts on the trail would be expected from construction or operation of the proposed project. Visual Resources No special or unique scenic features are present in the project area. No forested areas would be cleared. No visual impacts would be expected from operation of the pipeline after reestablishment of vegetation along the right-of-way. Aboveground facilities could have visual impacts in the project area. The City of Greeley has expressed concerns regarding the location of the proposed Greeley North and West Meter Station and the Greeley South Meter Station. As a result, Kinder Morgan has agreed to locate these meter stations in more amicable areas. However, these meter stations would be visible to local residents. Therefore,we recommend that Kinder Morgan continue to work with the City of Greeley to develop a visual screening plan for the Greeley North and West Meter Station and the Greeley South Meter Station. Prior to construction, Kinder Morgan should file the final visual screening plan for the two 28 facilities, including any consultations or comments from the City of Greeley, with the Secretary for review and approval by the Director of OEP. 3.7 Air Quality and Noise Air Quality Air quality would be affected by equipment emissions used to construct the proposed pipeline and metering facilities. Weld County is in the Denver-Boulder- Greeley-Ft. Collins-Love, Colorado area and is in attainment (i.e., the area has attained compliance with the National Ambient Air Quality Standards) for the following "criteria pollutants": nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide (SO2), lead (Pb), particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10), and particulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM25). The EPA has designated Weld County as still subject to the 1-hour ozone standard and is non-attainment for the 8-hour ozone standard for which nitrogen oxides (NOx) and volatile organic compounds (VOC) are precursors. However, because the Denver-Boulder-Greeley-Ft. Collins-Love area is included in one of 14 areas listed in 40 CFR 81 Subpart C as participating in an Early Action Compact (EAC), its effective date of non-attainment designation is deferred. By April 2008, these areas will be designated as in attainment if they meet all their EAC requirements and have clean 8- hour ozone data by December 31, 2007. They will be designated as non-attainment if they do not meet all these requirements. The General Conformity Rule is codified in 40 CFR 51, Subpart W and 40 CFR 93, Subpart B, "Determining Conformity of General Federal Actions to State or Federal Implementation Plans." General Conformity, if applicable, refers to the process to evaluate plans, programs, and projects to determine and demonstrate that they satisfy the requirements of the Clean Air Act and applicable State Implementation Plan. Because Weld County is in a maintenance area for the 1-hour ozone standard, Kinder Morgan would need to demonstrate that the total direct and indirect emissions for criteria pollutants would not exceed the threshold rates of 100 tons per year for NOx and VOC as specified in 40 CFR 93.153(b)(2). If emissions exceed these rates, or if the emissions are determined to be regionally significant, a General Conformity Determination is required. Emissions associated with construction activities generally include 1) exhaust emissions from construction equipment, 2) fugitive dust emissions associated with vehicle movement in the project area, and 3) fugitive dust associated with trenching, backfilling, and other earth-moving activities. The exhaust emissions would depend on the equipment used and the horsepower(hp)-hours of operation. The quantity of fugitive dust would depend on the moisture content and texture of the soils that would be disturbed. Kinder Morgan proposes to start construction of its facilities in April 2008 for 29 a duration of four months. Table 9 shows the estimated construction emissions associated with the jurisdictional and non-jurisdictional aspects of the project. TABLE 9 Estimated Construction Emissions(in tons)for the Colorado Lateral Expansion Project Jurisdictional Facilities VOC NO, CO SO, PMlo 1.68 31.74 11.34 4.97 81.84 Non-Jurisdictional Facilities 0.83 I 18.90 I 4.58 I 3.02 12.77 The equipment emissions associated with the project would not exceed the threshold rates for the duration of construction. Therefore, a General Conformity Determination would not be required for this project. Kinder Morgan would not burn any slash generated from construction activities. Kinder Morgan would submit a land development air quality construction permit application to the Colorado Department of Public Health and Environment Air Pollution Control Division. In addition, Kinder Morgan would submit a Fugitive Dust Control Plan, which would include methods to be used to reduce fugitive dust, such as: • watering the construction right-of-way; • posting a speed limit on the construction right-of-way; • compressing dirt on disturbed areas to reduce wind erosion; • reducing mud and dirt track-out by installing gravel pads prior to paved roads; and • cleaning trucks as needed to reduce track-out. Once construction activities in an area are completed, fugitive dust and construction equipment emissions would subside and the impact on air quality resulting from the construction of the project would be minimized. Given the temporary nature of the project and implementation of the mitigation measures presented, emissions associated with construction would not result in a significant impact on air quality. Noise Noise associated with construction activities would be intermittent during the construction period because of the transitory nature of the construction activities. Construction-related noise is an unavoidable consequence of pipeline construction. Operating construction equipment would be limited to that necessary to perform the required activities. In addition, operation of construction equipment would typically occur for 10 hours per day and 6 days per week. No noise impacts would normally occur 30 once the pipeline is fully operational because no compression or other noise-generating equipment would be located along the pipeline route. Kinder Morgan proposes to use the HDD crossing method at six locations along the right-of-way where residences are within 2,000 feet of the drill site. Each HDD operation may be required to continue through the night to ensure that the hole being drilled does not collapse. The estimated duration of each HDD would range from about 7 to 10 days. The locations having nearby noise-sensitive areas (NSA) include: • Lone Tree Creek (MP12.5): 1 residence; • Ditch (MP 26): 3 residences; • WCR 27 (MP 31): 4 residences; • Greeley Canal No. 2 (MP 34.4): 5 residences; • Cache La Poudre River (MP 36.3): 4 residences; and • State Highway 34 (MP 39.5): 1 residence. Kinder Morgan would notify the landowners at each NSA prior to commencing HDD operations at each site. Kinder Morgan would also provide temporary housing during periods of nocturnal drilling activities if residents consider the noise a nuisance. Where possible, vegetative borders would be maintained between the HDD equipment and any of the NSAs where drilling noise impacts have a potential to exceed a day-night noise level (Ld ) of 55 decibels on the A-weighted scale (dBA). However, Kinder Morgan has not filed plot plans identifying the proposed HDD entry and exit locations or calculated noise levels at each of the NSAs. Additionally, while Kinder Morgan has committed to maintain vegetative borders where possible and provide housing to residents that consider the noise a nuisance, it does not state what mitigation would be offered if the noise levels exceed 55 dBA. Therefore, to further minimize noise impacts from HDDs, we recommend that Kinder Morgan file an HDD noise analysis and mitigation plan, for the review and written approval of the Director of OEP prior to construction. The plan should include a large scale (1:3,600 or greater) plot plan identifying the proposed HDD entry and exit locations and the nearest NSAs, quantify the estimated noise levels at the NSAs that would result from the proposed HDD operations, and describe how noise levels would be controlled so they do not exceed an Ldn of 55 dBA at any nearby NSAs, or alternatively, indicate what mitigation would be offered to the residents of those NSAs. Based on the short duration of construction and our recommendation, we conclude that no significant noise impacts would occur as a result of this project. 31 3.8 Reliability and Safety The transportation of natural gas by pipeline involves some risk to the public in the event of an accident and subsequent release of gas. The greatest hazard is a fire or explosion following a major pipeline rupture. Methane, the primary component of natural gas, is colorless, odorless, and tasteless. It is not toxic, but is classified as a simple asphyxiate, possessing a slight inhalation hazard. If breathed in high concentration, oxygen deficiency can result in serious injury or death. Methane has an ignition temperature of 1,000 degrees Fahrenheit and is flammable at concentrations between 5 percent and 15 percent in air. Unconfined mixtures of methane in air are not explosive. However, a flammable concentration within an enclosed space in the presence of an ignition source can explode. It is buoyant at atmospheric temperatures and disperses rapidly in air. a. Safety Standards The DOT is mandated to provide pipeline safety under 49 U.S.C. Chapter 601. The Pipeline and Hazardous Materials Safety Administration's (PHMSA) Office of Pipeline Safety (OPS), administers the national regulatory program to ensure the safe transportation of natural gas and other hazardous materials by pipeline. It develops safety regulations and other approaches to risk management that ensure safety in the design, construction, testing, operation, maintenance, and emergency response of pipeline facilities. Many of the regulations are written as performance standards which set the level of safety to be attained and allow the pipeline operator to use various technologies to achieve safety. PHMSA ensures that people and the environment are protected from the risk of pipeline incidents. This work is shared with state agency partners and others at the federal, state, and local level. Section 5(a) of the Natural Gas Pipeline Safety Act provides for a state agency to assume all aspects of the safety program for intrastate facilities by adopting and enforcing the federal standards, while section 5(b) permits a state agency that does not qualify under section 5(a) to perform certain inspection and monitoring functions. A state may also act as DOT's agent to inspect interstate facilities within its boundaries; however, the DOT is responsible for enforcement action. The majority of the states have either 5(a) certifications or 5(b) agreements, while nine states act as interstate agents. The DOT pipeline standards are published in 49 CFR 190-199. 49 CFR 192 specifically addresses natural gas pipeline safety issues. Under a Memorandum of Understanding on Natural Gas Transportation Facilities (Memorandum) dated January 15, 1993 between the DOT and the FERC, the DOT has the exclusive authority to promulgate federal safety standards used in the transportation of natural gas. Section 157.14(a)(9)(vi) of the FERC's regulations (18 CFR) require that an applicant certify that it will design, install, inspect, test, construct, operate, replace, 32 and maintain the facility for which a certificate is requested in accordance with federal safety standards and plans for maintenance and inspection. Alternatively, the applicant must certify that it has been granted a waiver of the requirements of the safety standards by the DOT in accordance with section 3(e) of the Natural Gas Pipeline Safety Act. The FERC accepts this certification and does not impose additional safety standards other than the DOT standards. If the Commission becomes aware of an existing or potential safety problem, there is a provision in the Memorandum to promptly alert DOT. The Memorandum also provides for referring complaints and inquiries made by state and local governments and the general public involving safety matters related to pipeline under the Commission's jurisdiction. The FERC also participates as a member of the DOT's Technical Pipeline Safety Standards Committee which determines if proposed safety regulations are reasonable, feasible, and practicable. The pipeline and aboveground facilities associated with the Colorado Lateral Expansion Project must be designed, constructed, operated, and maintained in accordance with the DOT Minimum Federal Safety Standards in 49 CFR 192. The regulations are intended to ensure adequate protection for the public and to prevent natural gas facility accidents and failures. Part 192 specifies material selection and qualification, minimum design requirements, and protection from internal, external, and atmospheric corrosion. Part 192 also defines area classifications, based on population density in the vicinity of the pipeline, and specifies more rigorous safety requirements as the population density increases. The class location unit is an area that extends 220 yards on either side of the centerline of any continuous 1 mile length of pipeline. The four area classifications are defined as follows: Class 1 Location with 10 or fewer buildings intended for human occupancy. Class 2 Location with more than 10 but less than 46 buildings intended for human occupancy. Class 3 Location with 46 or more buildings intended for human occupancy or where the pipeline lies within 100 yards of any building, or small well-defined outside area occupied by 20 or more people on at least 5 days a week for 10 weeks in any 12-month period. Class 4 Location where buildings with four or more stories aboveground are prevalent. Class locations representing more populated areas require higher safety factors in pipeline design, testing, and operation. Pipe wall thickness and pipeline design pressures, 33 hydrostatic test pressures, maximum allowable operating pressure (MAOP), inspection and testing of welds, and frequency of pipeline patrols and leak surveys must also conform to higher standards in more populated areas. If a subsequent increase in population density adjacent to the right-of-way indicates a change in class location for the pipeline, Kinder Morgan would reduce the MAOP or replace the segment with pipe of sufficient grade and wall thickness, if required to comply with the DOT regulations for the new class location. In 2002, Congress passed an act to strengthen the nation's pipeline safety laws. The Pipeline Safety Improvement Act of 2002 (HR 3609) was passed by Congress on November 15, 2002, and signed into law by the President in December, 2002. No later than December 17, 2004, gas transmission operators were to develop and follow a written integrity management program that contains all the elements described in section 192.911 and addresses the risks on each covered transmission pipeline segment. Specifically, the law established an integrity management program which applies to all high consequence areas (HCAs). The DOT (68 FR 69778, 69 FR 18228, and 69 FR 29903) defines HCAs as they relate to the different class zones, potential impact circles, or areas containing an identified site as defined in section 192.903 of the DOT regulations. OPS published a series of rules from August 6, 2002 to May 26, 2004 (69 FR 29903), that defines HCAs where a gas pipeline accident could do considerable harm to people and their property and requires an integrity management program to minimize the potential for an accident. This definition satisfies, in part, the Congressional mandate in 49 U.S.C. 60109 for OPS to prescribe standards that establish criteria for identifying each gas pipeline facility in a high-density population area. The HCAs may be defined in one of two ways. In the first method, an HCA includes: • current class 3 and 4 locations; • any area in Class 1 or 2 where the potential impact radius4 is greater than 660 feet and there are 20 or more buildings intended for human occupancy within the potential impact circles; or • any area in Class 1 or 2 where the potential impact circle includes an identified site6. The potential impact radius is calculated as the product of 0.69 and the square root of the MAOP of the pipeline in pounds per square inch multiplied by the pipeline diameter in inches. The potential impact circle is a circle of radius equal to the potential impact radius. 6 An identified site is an outside area or open structure that is occupied by 20 or more persons on at least 50 days in any 12-month period; a building that is occupied by 20 or more persons on at least 5 days a week for any 10 weeks in any 12-month period; or a facility that is occupied by persons who are confined, are of impaired mobility, or would be difficult to evacuate. 34 In the second method, an HCA includes any area within a potential impact circle which contains: • 20 or more buildings intended for human occupancy, or • an identified site. Once a pipeline operator has determined the HCAs on its pipeline, it must apply the elements of its integrity management program to those segments of the pipeline within HCAs. The DOT regulations specify the requirements for the integrity management plan at section 192.911. The HCAs have been determined based on the relationship of the Colorado Lateral Expansion Project centerline to other nearby structures and identified sites. The majority of the pipeline route would be located in class 1 and 2 locations. However, two sections of the project (MP 36.5-37.0 and MP 38.7-39.3) would be constructed in class 3 locations, and are consequently HCAs. The pipeline integrity management rule for HCAs requires inspection of the entire pipeline in HCAs every 7 years. Part 192 prescribes the minimum standards for operating and maintaining pipeline facilities, including the requirement to establish a written plan governing these activities. Under section 192.615, each pipeline operator must also establish an emergency plan that includes procedures to minimize the hazards in a natural gas pipeline emergency. Key elements of the plan include procedures for: • receiving, identifying, and classifying emergency events, gas leakage, fires, explosions, and natural disasters; • establishing and maintaining communications with local fire, police, and public officials, and coordinating emergency response; • emergency shutdown of system and safe restoration of service; • making personnel, equipment, tools, and materials available at the scene of an emergency; and • protecting people first and then property, and making them safe from actual or potential hazards. Part 192 requires that each operator must establish and maintain liaison with appropriate fire, police, and public officials to learn the resources and responsibilities of each organization that may respond to a natural gas pipeline emergency, and to coordinate mutual assistance. The operator must also establish a continuing education program to enable customers, the public, government officials, and those engaged in excavation activities to recognize a gas pipeline emergency and report it to appropriate public officials. Kinder Morgan would be required to provide the appropriate training to local emergency service personnel before the pipeline is placed in service. No additional 35 specialized local fire protection equipment would be required to handle pipeline emergencies. b. Pipeline Accident Data Since February 9, 1970, 49 CFR 191 has required all operators of transmission and gathering systems to notify the DOT of specific types of incidents that occurred during the operation of the natural gas transmission and gathering systems nationwide. The DOT changed reporting requirements after June 1984 to reduce the amount of data collected. However, because the 14.5-year period from 1970 through June 1984 provides a larger universe of data and more basic report information than subsequent years, it has been subject to detailed analysis, as discussed below. From February 1970 through June 19848, the dominant incident cause was outside forces, constituting 53.8 percent of all service incidents. Outside forces incidents result from the encroachment of mechanical equipment such as bulldozers and backhoes; earth movements due to soil settlement, washouts, or geologic hazards; weather effects such as winds, storms, and thermal strains; and willful damage. An analysis of the outside forces incidents shows that human error in equipment usage was responsible for approximately 75 percent of outside forces incidents. Since April 1982, operators have been required to participate in "One Call" public utility programs in populated areas to minimize unauthorized excavation activities in the vicinity of pipelines. The "One Call" program is a service used by public utilities and some private sector companies (e.g., oil pipelines and cable television) to provide preconstruction information to contractors or other maintenance workers on the underground location of pipes, cables, and culverts. The 1986 through 2005 data show that the portion of incidents caused by outside forces has decreased to 38.5 percent. The frequency of service incidents is strongly dependent on pipeline age. While pipelines installed since 1950 exhibit a fairly constant level of service incident frequency, pipelines installed before that time have a significantly higher rate, partially due to corrosion. Older pipelines have a higher frequency of corrosion incidents, because corrosion is a time-dependent process. Further, new pipe generally uses more advanced coatings and cathodic protection to reduce corrosion potential. The use of both an external protective coating and a cathodic protection system, required on all pipelines installed after July 1971, significantly reduces the rate of failure compared to unprotected or partially protected pipe. Older pipelines also have a higher frequency of outside forces incidents partly because their location may be less well known and less well marked than Jones, D.J., G.S.Kramer, D.N. Gideon,and R.J. Eiber, 1986. "An Analysis of Reportable Incidents for Natural Gas Transportation and Gathering Lines 1970 Through June 1984." NG-18 Report No. 158, Pipeline Research Committee of the American Gas Association. 8 Data taken from NG-18 Report No. 158, Pipeline Research Committee of the American Gas Association(1987). 36 newer lines. In addition, the older pipelines contain a disproportionate number of smaller diameter pipelines, which are more easily crushed or broken by mechanical equipment or earth movements. The available data show that natural gas pipelines continue to be a safe and reliable means of energy transportation. Based on approximately 301,000 miles in service, the rate of public fatalities for the nationwide mix of transmission and gathering lines in service is 0.01 per year per 1,000 miles of pipeline. Using this rate, the Colorado Lateral Expansion Project is not likely to result in more than one public fatality every 2,415 plus years. This would represent only a slight increase in risk to the nearby public. 3.9 Cumulative Impacts Cumulative impacts result when impacts associated with a proposed project are superimposed on, or added to, impacts associated with past, present, or reasonably foreseeable future projects within the area affected by the proposed project. Although the individual impacts of the separate projects may be minor, the combined effects of the projects could be significant. For this project, a variety of ongoing agricultural activities, industrial developments, and residential developments could contribute to potentially significant cumulative impacts. None of eight planned residential, commercial, and business developments in the project area that we know about are anticipated to be significantly impacted by the project (see EA section 3.6). We believe that the potential for significant cumulative impacts as a result of construction and operation of the proposed project and the eight planned developments would be limited primarily to impacts on land use and soil resources. The proposed project and the eight planned developments would result in both temporary and permanent changes to current land uses and vegetation and involve soil disturbance. The majority of the land use impact associated with the Colorado Lateral Expansion Project would be temporary and minor, as most land disturbed would be allowed to revert to prior use following construction and allow for reestablishment of vegetation. The proposed mainline would parallel existing rights-of-way for 94 percent of the route and Kinder Morgan would use its Plan to avoid or minimize the erosion potential of this project. Given the topography and disturbed nature of the proposed locations of the meter stations, the cumulative permanent impact attributable to this project would be minimal. We do not anticipate the Colorado Lateral Expansion Project significantly contributing to any cumulative impacts on land use, vegetation, or soils as a result of these projects. 37 4.0 Alternatives Alternatives discussed in this section include the no-action alternative, system alternatives, and route variations. We considered these alternatives to determine if any were reasonable and preferable to the proposed action. Our evaluation criteria for selecting potentially environmentally-preferable alternatives are: • technical and economic feasibility and practicality; • significant environmental advantage over the proposed project; and • ability to meet the project objectives of adding 57 MMcfd of pipeline capacity from the Cheyenne Hub to distribution points in the Greeley market area, enhancing the ability of interconnecting the Cheyenne Hub to various market areas along the Front Range, increasing supply options for customers, and provide needed natural gas service to customers in time for the 2008 winter heating season. No-Action Alternative Under the no-action alternative, the short- and long-term impacts identified in this EA would not occur; however, the project's objectives would not be met. This alternative would limit the distribution of gas to current levels. No Action would likely result in one of two scenarios. If natural gas were to be provided by another supplier, additional capacity may need to be constructed (see System Alternatives discussion below). The other possibility is that customers would have to use alternative fuels. Readily available alternative fuels are coal and oil, both of which would emit greater amounts of PM, SO2, CO, hydrocarbons, and non-criteria pollutants during combustion compared with relatively clean-burning natural gas. Renewable alternative energies such as wind and solar are either not as reliable as traditional energy sources or are not yet ready for large-scale commercial application. Therefore, we conclude that neither the No Action nor the Postponed Action Alternative would be environmentally preferable to the proposed action. System Alternatives We considered system alternatives to the proposed action that would make use of other existing, modified, or proposed pipeline systems to meet the stated objectives of the project. A system alternative would make it unnecessary to construct all or part of the proposed project, although some modifications or additions to another existing pipeline system may be required to increase its capacity, or another entirely new system may need to be constructed. Such modifications or additions would result in environmental impacts that could be less than, similar to, or greater than that associated with the proposed project. 38 Alternative systems that service the Greeley area are owned by Colorado Interstate Gas Company and Xcel Energy9; however, both of these systems are at or near capacity. Kinder Morgan's proposed Colorado Lateral Expansion Project would bypass Atmos' existing gas supplier, PSCo, which currently supplies Atmos with up to 46,784 dekatherms per day (Dth/d). Kinder Morgan's proposed expansion would initially transport 47,000 Dth/d and ultimately transport up to 55,000 Dth/d. With minimal expansion (e.g. increasing compression or looping]° of its current system), the existing PSCo system could transport an equal volume of natural gas with fewer environmental impacts. Because PSCo has no application before the Commission and has not identified the extent of the facilities it would need to provide a level of service equivalent to that proposed by Kinder Morgan, we can't quantify the potential environmental impacts attributable to such a system upgrade nor compare the impacts to those described in this EA for the proposed action. However, given that PSCo's system extends between the Cheyenne Hub at Greeley, it is likely that whatever upgrades it would need could be accomplished with less facilities (and therefore, less disturbance and potential impacts) than those currently proposed. On this basis of this assumption, one may conclude that from a purely environmental standpoint, upgrading PSCo's existing system would be a preferable alternative to the Colorado Lateral Expansion Project. However, this would not meet the project objectives of enhancing the transportation options for market areas along the Front Range in Colorado. The Commission will consider both the environmental and non-environmental record in deciding whether to authorize Kinder Morgan's proposal. We note that as proposed by Kinder Morgan and modified by our recommendations, the Colorado Lateral Expansion Project would be an environmentally acceptable action. Route Variations Because the proposed project would parallel an existing right-of-way and was found to pose limited environmental impacts, we evaluated no route variations. In addition, we received no comments suggesting alternate routing of the pipeline. In response to the City of Greeley's request that Kinder Morgan locate its proposed Greeley North and West Meter Station in a more industrial area, Kinder Morgan has agreed to locate this meter station on the WAPA tract. The meter station would be similar to the existing facilities (an electrical substation). Kinder Morgan also agreed to locate the Greeley South Meter Station 400 feet to the east of its original PSCo is a regulated operating company of Xcel Energy. 10 A pipeline loop is a segment of pipeline that is installed adjacent to or in the vicinity of an existing pipeline and connected to the existing pipeline at both ends. A loop increases the volume of gas that can be transported through that portion of the system. 39 location. This would avoid impacting any future development at the intersection of Two Rivers Parkway and 37th Street. These locations were developed in consultation between the City of Greeley and Kinder Morgan. 5.0 Conclusions and Recommendations We conclude that approval of this proposal would not constitute a major federal action significantly affecting the quality of the human environment. This finding is based on the analysis in this EA, Kinder Morgan's application and supplemental filings, implementation of Kinder Morgan's proposed mitigation, and our additional measures listed below. We recommend that the Commission Order contain a finding of no significant impact and include the mitigation measures listed below as conditions to any certificate the Commission may issue. 1. Kinder Morgan shall follow the construction procedures and mitigation measures described in its application, supplements (including responses to staff data requests), and as identified in the EA, unless modified by the Commission Order. Kinder Morgan must: a. request any modification to these procedures, measures, or conditions in a filing with the Secretary; b. justify each modification relative to site-specific conditions; c. explain how that modification provides an equal or greater level of environmental protection than the original measure; and d. receive approval in writing from the Director of OEP before using that modification. 2. The Director of OEP has delegated authority to take whatever steps are necessary to ensure the protection of all environmental resources during construction and operation of the project. This authority shall allow: a. the modification of conditions of the Commission Order; and b. the design and implementation of any additional measures deemed necessary(including stop-work authority) to assure continued compliance with the intent of the environmental conditions as well as the avoidance or mitigation of adverse environmental impact resulting from the project construction and operation. 3. Prior to any construction, Kinder Morgan shall file an affirmative statement with the Secretary, certified by a senior company official, that all company personnel, EI, and contractor personnel will be informed of the EIs' authority and have been or will be trained on the implementation of the environmental mitigation measures 40 appropriate to their jobs before becoming involved with construction and restoration activities. 4. The authorized facility locations shall be as shown in the EA, as supplemented by filed alignment sheets and data responses. As soon as they are available, and before the start of construction, Kinder Morgan shall file with the Secretary any revised detailed survey alignment maps/sheets at a scale not smaller than 1:6,000 with station positions for all facilities approved by the Commission Order. All requests for modifications of environmental conditions of the Commission Order or site-specific clearances must reference locations designated on these alignment maps/sheets. Kinder Morgan's exercise of eminent domain authority granted under NGA section 7(h) in any condemnation proceedings related to the Order must be consistent with the authorized facilities and their locations. Kinder Morgan's right of eminent domain granted under NGA section 7(h) does not authorize it to increase the size of its natural gas pipeline to accommodate future needs or to acquire a right-of-way for a pipeline to transport a commodity other than natural gas. 5. Kinder Morgan shall file with the Secretary detailed alignment maps/sheets and aerial photographs at a scale not smaller than 1:6,000 identifying all route realignments or facility relocations, and staging areas, pipe storage yards, new access roads, and other areas that would be used or disturbed and have not been previously identified in filings with the Secretary. Approval for each of these areas must be explicitly requested in writing. For each area, the request must include a description of the existing land use/cover type, and documentation of landowner approval, whether any cultural resources or federally listed threatened or endangered species would be affected, and whether any other environmentally sensitive areas are within or abutting the area. All areas shall be clearly identified on the maps/sheets/aerial photographs. Each area must be approved in writing by the Director of OEP before construction in or near that area. This requirement does not apply to extra workspace allowed by Kinder Morgan's Plan and/or minor field realignments per landowner needs and requirements which do not affect other landowners or sensitive environmental areas such as wetlands. Examples of alternations requiring approval include all route realignments and facility location changes resulting from: a. implementation of cultural resource mitigation measures; b. implementation of endangered, threatened, or special concern species mitigation measures; 41 c. recommendations by state regulatory authorities; and d. agreements with individual landowners that affect other landowners or could affect sensitive environmental areas. 6. Within 60 days of the acceptance of its Certificate and before the start of construction, Kinder Morgan shall file an initial Implementation Plan with the Secretary for review and written approval by the Director of OEP describing how Kinder Morgan will implement the mitigation measures required by the Commission Order. Kinder Morgan must file revisions to the plan as schedules change. The plan shall identify: a. how Kinder Morgan will incorporate these requirements into the contract bid documents, construction contracts (especially penalty clauses and specifications), and construction drawings so that the mitigation required at each site is clear to onsite construction and inspection personnel; b. the number of EIs assigned per spread, and how the company will ensure that sufficient personnel are available to implement the environmental mitigation; t c. company personnel, including EIs and contractors, who will receive copies of the appropriate material; d. the training and instructions Kinder Morgan will give to all personnel involved with construction and restoration (initial and refresher training as the project progresses and personnel change), with the opportunity for OEP staff to participate in the training session(s); e. the company personnel (if known) and specific portion of Kinder Morgan's organization having responsibility for compliance; f. the procedures (including use of contract penalties) Kinder Morgan will follow if noncompliance occurs; and g. for each discrete facility, a Gantt or PERT chart (or similar project scheduling diagram), and dates for: i. the completion of all required surveys and reports; ii. the mitigation training of onsite personnel; iii. the start of construction; and iv. the start and completion of restoration. 7. Kinder Morgan shall employ at least two EIs. The EIs shall be: a. responsible for monitoring and ensuring compliance with all mitigation measures required by the Commission Order and other grants, permits, certificates, or authorizing documents; 42 b. responsible for evaluating the construction contractor's implementation of the environmental mitigation measures required in the contract (see condition 6 above) and any other authorizing document; c. empowered to order correction of acts that violate the environmental conditions of the Order, and any other authorizing document; d. a full-time position separate from all other activity inspectors; e. responsible for documenting compliance with the environmental conditions of the Order, as well as any environmental conditions/permit requirements imposed by other federal, state, or local agencies; and f. responsible for maintaining status reports. 8. Kinder Morgan shall file updated status reports prepared by the head EI with the Secretary on a bi-weekly basis until all construction and restoration activities are complete. On request, these status reports will also be provided to other federal and state agencies with permitting responsibilities. Status reports shall include: a. the current construction status of the project, work planned for the following reporting period, and any schedule changes for stream crossings or work in other environmentally sensitive areas; b. a listing of all problems encountered and each instance of noncompliance observed by the EI during the reporting period (both for the conditions imposed by the Commission and any environmental conditions/permit requirements imposed by other federal, state, or local agencies; c. a description of corrective actions implemented in response to all instances of noncompliance, and their cost); d. the effectiveness of all corrective actions implemented; e. a description of any landowner/resident complaints which may relate to compliance with the requirements of the Commission Order, and the measures taken to satisfy their concerns; and f. copies of any correspondence received by Kinder Morgan from other federal, state, or local permitting agencies concerning instances of noncompliance, and Kinder Morgan's response. 9. Kinder Morgan must receive written authorization from the Director of OEP before commencing service from the project. Such authorization will only be granted following a determination that rehabilitation and restoration of the right- of-way and other areas of project-related disturbance are proceeding satisfactorily. 10. Within 30 days of placing the certificated facility in service, Kinder Morgan shall file an affirmative statement with the Secretary, certified by a senior company official: 43 a. that the facilities have been constructed in compliance with all applicable conditions, and that continuing activities will be consistent with all applicable conditions; or b. identifying which of the Certificate conditions Kinder Morgan has complied with or will comply with. This statement shall also identify any areas affected by the project where compliance measures were not properly implemented, if not previously identified in filed status reports, and the reason for noncompliance. 11. Kinder Morgan shall develop an HDD Contingency Plan that describes how the drilling operations would be conducted and monitored to minimize the potential for inadvertent drilling mud releases or failure of the drill. The HDD Contingency Plan shall discuss procedures Kinder Morgan would implement to clean-up drilling mud releases and sealing the drill hole if a drill cannot be completed. This plan shall be filed with the Secretary for the review and approval of the Director of OEP prior to construction. 12. Kinder Morgan shall implement either full right-of-way topsoil stripping or ditch- plus-spoil-side topsoil segregation method in actively cultivated or rotated cropland and pastures, residential areas, and other areas at the landowner's or land managing agency's request. 13. Kinder Morgan shall not construct within 0.25 mile of any active great horned owl nest between January 21 and May 15. 14. Kinder Morgan shall continue to work with the City of Greeley to develop a visual screening plan for the proposed Greeley North and West Meter Station and the Greeley South Meter Station. Prior to construction, Kinder Morgan shall file the final visual screening plan for the two facilities, including any consultations or comments from the City of Greeley, with the Secretary for review and approval by the Director of OEP. 15. Kinder Morgan shall file an HDD noise analysis and mitigation plan, for the review and written approval of the Director of OEP prior to construction. The plan shall include a large scale (1:3,600 or greater) plot plan identifying the proposed HDD entry and exit locations and the nearest NSAs, quantify the estimated noise levels at the NSAs that would result from the proposed HDD operations, and describe how noise levels would be controlled so they do not exceed an La„ of 55 dBA at any nearby NSAs, or alternatively, indicate what mitigation would be offered to the residents of those NSAs. 44 APPENDIX A MAINLINE FACILITY MAPS I I I I 45 13 12: \ 3M1H31#W, _A --1 ° f 271 . n �NS ] I \ � I14 � r II � � N' - `/ 'r' II fl pla u 2 5" _� 1 I• , o Cr Al c' o°U f zS ) ( 1 �,S r .,‘ �� ' @ w \ ° o l _\:„.,‘ v > d 3 vii I 1 1✓1 l i vy o � i u'1r . �� 3 1 1 t tij �)1m+ C ..1� r / 1 V 1 N O A Vi A JYOU " �- J I L 1 �I V -" , r - 1. __ � I � \\ I ,J , } s c 'm 1 ( J< ,L^Jr , - r f g fi L s ( /rte w ' {0�km A i C �.„ a—�1—M 5 I N > ` r \ cr'-yr' ( ; I 47 I sr j c az3 l € / 1 G l3 �J S O ill • 9 '/ ! 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'a m_ q l � en r )� 4 � - '" V 1 .y �• o — 3���M N \V/ 4 O p / I `(.\Y J� \ _� � � per?.. A / sc e v1y, ; S yJi. (i } 1 lit -/'''_.('c� /� \ art IN C. 1' ,`",<C2:::/ .' 1 J h' c e�'et �� u 11 i �v € '. I� . / R gate. rt >CV kp::h J2' jL / 3 H1Lf U \ �.#I /f \\111"—/-- // I i° i i� o-` ?:;-*• •';11// , t 111 ! g —`- - .. q� ' 1 1 blb - v '8 i �yA 4�\ 1 u• Q ::-------:::,,,"-I �.\ e« ., a �" r 1` _3HIrHJlb'W L w` s I � co _ ", J APPENDIX B NON-JURISDICTIONAL FACILITY MAPS 54 A� o u F o U ,_ • j �� k * A' 6 7....,..e7 9. i.,—S; S _L in- d C C r _ _ - i 7- _ -= weie'Py�mv as 3s O11 a m t 9 0 Y I l i • i • .. ..� .,� A ._ ,.4 Y i I42 1 I _jg O n �7 z--z o m s � 1 \ / it\ t\ o • A I@���,✓ 'ter, �/ � 9 r F / )tea % " r r T . r — s • ' ate ;' - G to �.r ° � ' ,v t °, - 1 . g a Ivy _ L�J,✓ -� - e.,.,x [ G� C w ^#y i ', e. 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') C.N:\I-C,- --d ./ . i r - ' ':: :: A v:,'' . ,,°6 0 A ' � : / ••• �1 // R.'�� . 9"A IA °s /k 1 ¢ ,/ ' o � � Vv� yy5 i 1 / � i , 'V -/ / t et of v l ,eloiaw✓': l �� '�. __ '..+cs I 4 C � )fV/� c v il •�°` —2. _/ a _ .10 0 c p �r tr 4 iA ��- p IL�<, (if,.../d' V V I it m 7d c NI4,\v-3Mti% /i) / m (- J ! - rM. l‘ / �ti �/ > \� r ties % �'� .h 5 - ;7-Y- k/:� v 7 .I tl' Nsl7-5\cr k0' - -- /----um c ° i' , A IEl m 22/ - - APPENDIX C LIST OF PREPARERS 58 List of Preparers Federal Energy Regulatory Commission Laffoon, Danny— Project Manager B.S., Fisheries and Wildlife, 2000, Virginia Tech Boros, Laurie—Cultural Resources B.A., Anthropology/Archaeology, 1980, Queens College, C.U.N.Y. Johnson, Gertrude—Air Quality and Noise and Reliability and Safety B.S., Mechanical Engineering, 2003, Virginia Commonwealth University 59 Hello