HomeMy WebLinkAbout20194866.tiffRECEIVED
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
NOV 2 2 2019
WELD COUNTY
COMMISSIONERS
Jordan Cove Energy Project LP Docket Nos. CP17-495-000
Pacific Connector Gas Pipeline L.P. CP17-494-000
NOTICE OF AVAILABILITY OF THE
FINAL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED
JORDAN COVE ENERGY PROJECT
(November 15, 2019)
The staff of the Federal Energy Regulatory Commission (FERC or Commission),
with the participation of the cooperating agencies listed below, has prepared a final
environmental impact statement (EIS) for the Jordan Cove Liquefied Natural Gas Project
proposed by Jordan Cove Energy Project L.P. (Jordan Cove) and the Pacific Connector
Gas Pipeline Project proposed by Pacific Connector Gas Pipeline, LP (Pacific Connector)
(collectively referred to as the Jordan Cove Energy Project or Project). Under Section 3
of the Natural Gas Act (NGA), Jordan Cove requests authorization to construct and
operate a liquified natural gas terminal in Coos Bay, Oregon, capable of liquefying up to
1.04 billion cubic feet of natural gas per day for export to overseas markets. Pacific
Connector seeks a Certificate of Public Convenience and Necessity under Section 7 of
the NGA to construct and operate a natural gas transmission pipeline providing about 1.2
billion cubic feet per day of natural gas from the Malin hub to the Jordan Cove terminal,
crossing portions of Klamath, Jackson, Douglas, and Coos Counties, Oregon.
The final EIS assesses the potential environmental effects of the construction and
operation of the Project in accordance with the requirements of the National
Environmental Policy Act (NEPA). As described in the final EIS, the I-ERC staff
concludes that approval of the Project would result in a number of significant
environmental impacts; however, the majority of impacts would be less than significant
because of the impact avoidance, minimization, and mitigation measures proposed by
Jordan Cove and Pacific Connector and those recommended by staff in the EIS.
The United States (U.S.) Department of the Interior Bureau of Land Management,
(BLM), Bureau of Reclamation (Reclamation), and Fish and Wildlife Service; U.S.
Department of Agriculture Forest Service (Forest Service); U.S. Department of Energy;
U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Department
of Commerce National Oceanic and Atmospheric Administration National Marine
Fisheries Service; U.S. Department of Homeland Security Coast Guard; the Coquille
Indian Tribe; and the U.S. Department of Transportation Pipeline and Hazardous
CoMMUn ,co.+:on 5
I I /2.7/a'
Cc:pLCir), oGCsM),
Pw(3K/E+t/c4)
11/22../19
2019-4866
Docket Nos. CP17-494-000 and CP17-495-000 - 2 -
Materials Safety Administration participated as cooperating agencies in preparation of
this EIS. Cooperating agencies have jurisdiction by law or special expertise with respect
to resources potentially affected by the proposal and participate in the NEPA analysis.
The cooperating agencies provided input into the analyses, conclusions, and
recommendations presented in the EIS. Following issuance of the final EIS, the
cooperating agencies will issue subsequent decisions, determinations, permits, or
authorizations for the Project in accordance with each individual agency's regulatory
requirements.
The BLM, with the concurrence of the Forest Service and Reclamation, would
adopt and use the EIS to consider issuing a right-of-way Grant for the portion of the
Project on federal lands. Other cooperating agencies would use this EIS in their
regulatory process, and to satisfy compliance with NEPA and other related federal
environmental laws (e.g., the National Historic Preservation Act).
The BLM and the Forest Service would also use this EIS to evaluate proposed
amendments to their District or National Forest land management plans that would make
provision for the Pacific Connector pipeline. In order to consider the Pacific Connector
right-of-way grant, the BLM must amend the affected Resource Management Plans
(RMPs). The BLM therefore proposes to amend the RMPs to re -allocate all lands within
the proposed temporary use area and right-of-way to a District -Designated Reserve, with
management direction to manage the lands for the purposes of the Pacific Connector
right-of-way. Approximately 885 acres would be re -allocated. District -Designated
Reserve allocations establish specific management for a specific use or to protect specific
values and resources. In accordance with Code of Federal Regulations (CFR) part 36 §
219 —Planning, the Forest Service is considering amendments of Land and Resource
Management Plans (LRMP) for the Umpqua, Rogue River, and Winema National
Forests. Proposed amendments of LRMPs include reallocation of matrix lands to Late
Successional Reserves and site -specific exemptions from 15 standards to allow
construction of the Pacific Connector pipeline. Exemptions from standards include
requirements to protect known sites of Survey and Manage species, changes in visual
quality objectives at specific locations, limitations on detrimental soil conditions, removal
of effective shade at perennial stream crossings and the construction of utility corridors in
riparian areas.
The Commission mailed a copy of the Notice of Availability of the final EIS to
federal, state, and local government representatives and agencies; elected officials;
environmental and public interest groups; Indian Tribes; potentially affected landowners
and other interested individuals and groups; and newspapers and libraries in the Project
area. The final EIS is available in hard copy at libraries in the area of the Project and in
electronic format. It may be viewed and downloaded from the FERC's website
(www.ferc.gov), on the Environmental Documents page
(https://www.ferc.gov/industries/gas/enviro/eis.asp). In addition, the final EIS may be
Docket Nos. CP17-494-000 and CP17-495-000 - 3 -
accessed by using the eLibrary link on the FERC's website. Click on the eLibrary link
(https://www.ferc.gov/docs-filing/elibrary.asp), click on General Search, and enter the
docket number in the "Docket Number" field, excluding the last three digits (i.e., CP17-
494 or CP17-495). Be'sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at FercOnlineSupport@ferc.gov or toll free at (866)
208-3676, or for TTY, contact (202) 502-8659.
Questions?
Additional information about the Project is available from the Commission's
Office of External Affairs, at (866) 208-FERC, or on the FERC website (www.ferc.gov)
using the eLibrary link. The eLibrary link also provides access to the texts of all formal
documents issued by the Commission, such as orders, notices, and rulemakings.
In addition, the Commission offers a free service called eSubscription that 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 notification of these filings, document summaries, and direct links to the
documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
Kimberly D. Bose,
Secretary.
Supplemental Information Regarding Procedures of the
BLM and the Forest Service
Forest Service's Proposed Action
The Forest Service's purpose and need for the proposed action is to consider and disclose
the environmental consequences of construction and operation of the Pacific Connector
pipeline on NFS lands and to evaluate proposed LRMP amendments. The Forest Service
has determined that the linear nature of the Pacific Connector Pipeline Project would not
be consistent with certain requirements of the LRMPs of the Umpqua, Rogue River, and
Winema National Forests. To address these inconsistencies, the Forest Service proposes
to amend the LRMPs of the respective National Forests to make provision for the Project.
The Forest Service will use this EIS to assess substantive requirements of the planning
rule that are likely to be directly related to the amendment. The Forest Service is also
using this EIS process to identify specific stipulations (including project design features
and mitigation measures) related to resources within their jurisdiction for inclusion in the
right-of-way Grant when considering issuing its concurrence, pursuant to the Mineral
Leasing Act.
Forest Service's Draft Record of Decision and Objection Procedures
The. Pacific Connector pipeline may be implemented across National Forest System
(NFS) land if the BLM grants the right-of-way for the Pacific Connector pipeline to cross
the Umpqua, Rogue River, and Winema National Forests and the Forest Service amends
the respective National Forest LRMPs (Forest Plans). The Forest Supervisor of the
Umpqua National Forest, as responsible official for the LRMP amendments, adopts the
environmental analysis conducted by FERC (in accordance with 40 CFR 1506.3(a) and
(c)) to support the decision to amend the Umpqua, Rogue River, and Winema National
Forests LRMPs. She has determined that three parts of the Forest Plans, where 15
standards and two plan -level land allocation adjustments would be modified by a Forest
Plan amendment (section 4.7 of the final EIS), meet the substantive requirements of the
Forest Service planning regulations (36 CFR part 219); and can be implemented without
impairing the long-term productivity of NFS lands. With the amended LRMPs, the
Pacific Connector pipeline would be consistent with the Forest Plans. The draft decision
is based on a review of the environmental analysis disclosed in the final EIS, the project
record, Pacific Connector's proposed Plan of Development, comments from the public,
partners, and other agencies, and a consideration of the 36 CFR part 219 requirements for
amending a Forest Plan
Decisions by the Forest Service to approve "plan level" amendments to Land
Management Plans (proposed amendments UNF-4 and RRNF-7) are subject to the Pre -
Decisional Administrative Review Process Regulations at 36 CFR 219 Subpart B. The
term "plan level" refers to plan amendments that would apply to future management
actions. Refer to the applicable administrative review regulations for eligibility
requirements. Objections to the Forest Service decision must be filed within 60 calendar
days from the publication date of the legal notice of the opportunity to object in the
newspapers of record for the Umpqua, Rogue River, and Umpqua National Forests
(News -Review, Mail Tribune, Herald and News, respectively).
Decisions by the Forest Service to approve "project -specific" plan amendments
(proposed amendments FS -1, UNF-1, UNF-3, RRNF-2 thru RRNF-6, and WNF-1 thru
WNF-5) are subject to the Administrative Review Process of 36 CFR 218 Subpart A and
B, in accordance with 36 CFR 219.59 (b). The term "project specific" refers to
amendments that would only apply to the proposed project and would not apply to any
future management actions. Refer to the applicable administrative review regulations for
eligibility requirements. Refer to the applicable administrative review regulations for
eligibility requirements. Objections to the Forest Service decision must be filed within
45 calendar days from the publication date of the legal notice of the opportunity to object
in the in the newspapers of record for the Umpqua, Rogue River, and Umpqua National
Forests (News -Review, Mail Tribune, Herald and News, respectively).
The legal notices contain the details of the objection process. The Forest Service must
respond to all objections received before it makes a final decision on the proposed Forest
Plan amendments. The final decision on the Forest Plan amendments and the final EIS
analysis will inform the Forest Service concurrence to the BLM for its Right -of -Way
Grant.
A copy of the Forest Service draft Record of Decision (ROD) and of the legal notice for
objections can be obtained by any of the following methods:
• FERC's eLibrary;
• Internet Web site: https://www.fs.usda.gov/project/?project=28132;
• email: david.krantz@usda.gov;
• or regular mail: David Krantz, Project Manager, Rogue River-Siskiyou National
Forest, 3040 Biddle Rd., Medford, OR 97504; telephone 541-618-2082.
BLM Proposed Resource Management Plan Amendments and Protest Procedures
BLM planning regulations state that any person who participated in the planning process
and has an interest which is or may be adversely affected may protest the BLM's
Proposed Resource Management Plan Amendments. A person who meets the conditions
and files a protest must file the protest within 30 days of the date that the Environmental
Protection Agency publishes its Notice of Availability in the Federal Register.
In accordance with the National Environmental Policy Act of 1969, as amended, the
BLM has actively participated as a Cooperating Agency in the preparation of the Jordan
Cove Energy Project Final EIS. This final EIS includes the BLM Proposed Plan
Amendments to the Northwest and Coastal Oregon Record of Decision and Resource
Management Plan (2016) and the Southwestern Oregon Record of Decision and Resource
Management Plan (2016) and Proposed right-of-way Actions, in response to an
Application for right-of-way submitted by Pacific Connector Gas Pipeline, LP.
In accordance with the Federal Land Policy and Management Act of 1976, as amended,
the BLM Proposed Plan Amendments are subject to administrative protest. The
Proposed Plan Amendments are described in section 2.1.1.1 of the final EIS and
incorporate several specific FERC-recommended conditions and one route variation.
BLM planning regulations at 43 CFR 1610.5-2, describe the protest procedures and state
that any person who meets the conditions may protest the BLM's Proposed RMP
Amendments. All protests must be filed within 30 days of the date that the
Environmental Protection Agency publishes its Notice of Availability of the final EIS in
the Federal Register.
The FhRC-prepared final EIS is available on the FERC docket and on BLM's ePlanning
project website at https://go.usa.gov/xEt7B. Click the Documents link on the left side of
the screen to find the electronic version of these materials.
All protests must be in writing and filed with the BLM Director, either as a hard copy or
electronically via the BLM's ePlanning project website listed previously. To submit a
protest electronically, go to the ePlanning project website and follow the protest
instructions highlighted at the top of the home page. If submitting a protest in hard copy,
it must be mailed to one of the following addresses:
Regular Mail:
BLM Director (210)
Attention: Protest Coordinator
P.O. Box 71383
Washington, D.C. 20024-1383
Overnight Delivery:
BLM Director (210)
Attention: Protest Coordinator
20 M Street SE, Room 2134LM
Washington, D.C. 20003
Instructions for filing a protest with the Director of the BLM regarding the Proposed Plan
Amendments may be found online at https://www.blm.gov/programs/planning-and-
nepa/public-participation/filing-a-plan-protest and at 43 CFR 1610.5-2. All protests must
be in writing and mailed to the appropriate address or submitted electronically through
the BLM ePlanning project website as described above. Protests submitted electronically
by any means other than the ePlanning project website protest section will be invalid
unless a protest is also submitted in hard copy. Protests submitted by fax will also be
invalid unless also submitted either through ePlanning project website protest section or
in hard copy.
Before including your phone number, email address, or other personal identifying
information in your protest, you should be aware that your entire protest — including your
personally identifiable information — may be made publicly available at any time. While
you can ask us in your protest to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so.
AUTHORITY: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2, 43 CFR 1610.5
Hello