Date: June 16, 1997

 STATUS REPORT FOR THE CROSS-CASCADE PIPELINE PROJECT

 REPORT # 7

PROJECT OVERVIEW/CHANGES:
The company has made no changes to date to their proposal submitted to the State of Washington and Bureau of Land Management(BLM). Some discussions are ongoing between the Department of the Army and Olympic Pipe Line Company(OPCO) concerning options for crossing the Yakima Training Center. At this time, the companys proposal still includes crossing the YTC inorder to reach their preferred crossing site below Wannupum Dam.

 COST RECOVERY:
BLM has executed a cost recovery agreement with Olympic Pipe Line Company(OPCO) on March 1, 1997 which commits the company to reimbursing actual project costs incurred by the Federal agencies.

 AGREEMENTS:
A final Memorandum of Agreement(MOA) has been signed off by the BLM, the Forest Service(FS), the Department of the Army(DOA) at Fort Lewis, the Bureau of Reclamation(BOR) and Army Corps of Engineers(COE). The MOA was subsequently amended by the FS to include the US Fish and Wildlife Service on May 7, 1997 given that USFWS lands will be crossed and the agency will be consulted prior to issuing a decision on the right-of-way(ROW). Copies of the documents have been sent to each agency coordinator for reference and filing.

 ACCOMPLISHMENTS:
GIS Information - No changes from the last report to note.

 NEPA Documentation - Jones and Stokes Associates(J&S) has completed another review of recent information submitted by D&M for the EIS on March 31, 1997. Results of this effort have been forward to the cooperating agencies for their review and additional comment. Dames and Moore(D&M) has submitted to J&S the following information inorder to begin the EIS preparation process:

 T&E Consultation (Sec. 7) - Dames and Moore(D&M) have submitted to J&S the following information inorder to begin the EIS preparation process:

 Draft Biological Evaluation(February 28,1997)

 Further review and comment will be necessary from the USFWS on the document for use in initiating Section 7 consultation for the Endangered Species Act.

 Cultural Resource Consultation (Sec. 106) - The draft final report has been reviewed and comments forward to D&M which address the concerns identified by the Federal and state agencies. Actions needed to bring the document into compliance and complete needed surveys were identified and agreed to at a joint meeting between the FS, OPCO and D&M. Access to complete surveys on the Yakima Training Center will still be the responsibility of OPCO and D&M to obtain from the Dept. of the Army at Fort Lewis.

 COMING EVENTS WITHIN THE NEXT 30 DAYS (Meetings/Publications/Due Dates):
Meetings - FS and Energy Facility Site Evaluation Council(EFSEC) status meeting with Jones and Stokes Assoc.(J&S) on general progress of the EIS process and problems being encountered by the consultant. Date is set for 10:00 am on July 10, 1997 at the J&S office. Target group will be FS, BLM, EFSEC, COE, and J&S staff.

 INTERNAL CONTACTS/MEETINGS
A progress meeting was held with the EFSEC Project Manager, Federal Project Manager, and J&S staff on February 5, 1997, to discuss current aspects associated with the Project and how the joint Environmental Impact Statement(EIS) process was proceeding. The meeting agenda dealt with the information expected from D&M. No decisions were made at the meeting.

 A progress meeting was held with the EFSEC Project Manager, Federal Project Manager, and J&S staff on March 4, 1997, to discuss current aspects associated with the Project and how the joint Environmental Impact Statement(EIS) process was proceeding. The meeting agenda dealt with the information submitted from D&M and how J&S would review and respond formally to the agencies on the completeness of the data and responses to J&S's questions. J&S committed to completing their review by the end of the month so that agencies could provide their view of the situation. No decisions were made at the meeting.

 A briefing meeting was held with the agency coordinators, Federal Project Manager, and J&S staff on April 11, 1997, to discuss current aspects associated with the Project and how the joint Environmental Impact Statement(EIS) process was proceeding. The meeting agenda dealt with the information submitted from D&M and agency involvement in the futher with J&S staff. No decisions were made at the meeting.

 A progress meeting was held with the EFSEC Project Manager, Federal Project Manager, and J&S staff on May 13, 1997, to discuss current aspects associated with the Project and how the joint Environmental Impact Statement(EIS) process was proceeding. The meeting agenda dealt with the upcoming meeting with Texaco and OPCO. No decisions were made at the meeting.

 A progress meeting was held with the EFSEC Project Manager, Federal Project Manager, and J&S staff on June 10, 1997, to discuss current aspects associated with the Project and how the joint Environmental Impact Statement(EIS) process was proceeding. The meeting agenda dealt with the use of J&S staff to help fill in information gaps still remaining. Based on discussions with the EFSEC Project Manager concerning the hearing process, J&S will continue to respond to D&M on issues remaining and will not take action to obtain independent data but will request D&M to provide the needed support documentation.

 EXTERNAL CONTACTS/MEETINGS
A general meeting was held with OPCO, D&M, the EFSEC Project Manager, Federal Project Manager, and J&S staff on April 9, 1997, to discuss current aspects associated with J&S response to information submitted and up coming agency comments. No decisions were made at the meeting.

 A general meeting was held with OPCO, representative from Texaco, the EFSEC Project Manager, Federal Project Manager, and J&S staff on May 28, 1997 to discuss current aspects associated with the Project and how the joint Environmental Impact Statement(EIS) process was proceeding. The meeting agenda dealt with the information gathering process and opportunities to improve the process. Discussions also occurred concerning the EIS schedule and ways to improve the schedule by staffing additions, funding or different approaches in gathering information. No decisions were made at the meeting.

A coordination meeting was held with OPCO, D&M, Federal Project Manager, and Forest Service Archeologists on May 9, 1997 to give D&M staff an opportunity to get clarification on the joint agency response to the the Cultural Resource Report submitted for the project in December of 1996. The meeting agenda dealt with questions from D&M to help them amend the document and allow the agencies to initiate consultation with the WA State Historic Preservation Office.

 EMERGING ISSUES (Notice something is happening--Long Term)
General:

RESOLVED ISSUES:

__________________________________________

 ATTACHMENTS:
"Very Draft" EIS schedule based on D&M submitting all information requested by J&S on May 30, 1997.

 DRAFT TASK INTEGRATION WITH EIS PROCESS
Draft Proposal June 16, 1997

 
TASK ACTIVITY
LEGAL REF. TIME NEEDED TARGET DATE
1. Identify Lead Agency status NEPA/SEPA 30 DAYS DONE
2. Identify Coop Agency(s) NEPA 5 DAYS DONE
3. Review PLAN OF DEVELOPMENT
(POD) and EFSEC application.
NEPA/SEPA 30 DAYS DONE
4. Complete POD & application comments NEPA/SEPA 30 DAYS DONE
5. File NOTICE OF INTENT(NOI) in the Federal Register NEPA 10 DAYS DONE
6. SEPA Threshold Determination SEPA
7. Notify local Officals/Tribes SEPA/NEPA DONE
8. Identify public Participation needs  NEPA DONE
9. Issue scoping notice SEPA/NEPA  DONE
10. Conduct scoping meetings NEPA/SEPA DONE
11. Identify for review key issues from scoping meetings  NEPA 30 DAYS 6/1/97
12. Conduct government to government notification/meetings with Tribes  NEPA 10 DAYS 8/15/97
13. Identify for analysis alternatives including the proposed action NEPA/CWA 30 DAYS 6/1/97
14. D&M requests from US FISH AND WILDLIFE SERVICE(USFWS) a revised species list for the project.  ESA  30 DAYS  6/1/97
15. D&M prepares DRAFT BIOLOGICAL ASSESSMENT(DBA) for review and comment from the federal agencys ESA 30 DAYS DONE
16. D&M Prepares Draft CULTURAL RESOURCE MANAGEMENT REPORT(CRM) for review and comment from the federal agencys NHPA 30 DAYS DONE
17. D&M SUBMITS ALL THE NECESSARY DATA IDENTIFIED BY J&S & FEDERAL AGENCYS FOR THE DEIS NEPA/SEPA 6/1/97
18. D&M submits a revised CRM that addresses the agency issues with the report NHPA 30 DAYS 6/1/97
19. D&M submits a draft PROGRAMMATIC AGREEMENT(PA) that will address future issues raised by the federal & state agencys NHPA 30 DAYS 6/30/97
20. D&M INVESTIGATIONS AND TREATMENT PLAN(TP) submitted for agency review and comments NHPA 60 DAYS 7/30/97
21. Federal agencys review and make final comments to D&M on CRM  NHPA 60 DAYS 7/30/97
22. D&M submits a revised DBA to the federal agencys for review and comment and adoption  ESA 8/1/97
23. J&S prepares DRAFT EIS(DEIS) for agency review and comments  NEPA 75 DAYS 8/15/97
24. US Forest Service(USFS) reviews and comments to D&M on PA NHPA 60 DAYS 9/1/97
25. Federal agencys review and make final comments to D&M on TP NHPA 60 DAYS 9/30/97
26. Federal agencys complete review of DBA and responds to D&M concerning adoption of document as the FINAL BIOLOGICAL ASSESSMENT(FBA) ESA  60 DAYS 10/1/97
27. D&M completes FBA coordination and edits with federal agency biologists & forwards FBA to USFS ESA 60 DAYS 10/15/97
28. Circulate DEIS for internal agency review and comments to J&S NEPA 60 DAYS 10/15/97
29. USFS submits the FBA for the agencys to US FISH AND WILDLIFE SERVICE (USFWS) for a FBA finding ESA 60 DAYS 10/30/97
30. USFS submits the draft PA to SHPO, Advisory Council and other federal and state agencys for concurrence signatures NHPA 60 DAYS 10/30/97
31. USFS submits the final version of the CRM, TP and PA to the STATE HISTORIC PRESERVATION OFFICE(SHPO) with findings of significance recommendation NHPA 11/1/97
32. * USFWS ISSUES A DECISION TO THE USFS ON ITS FINDINGS OF THE FBA ESA 30 DAYS 11/30/97
33. * SHPO ISSUES A DECISION TO THE USFS ON ITS FINDINGS OF SIGNIFICANCE RECOMMENDATION NHPA 30 DAYS 11/30/97
34. J&S updates DEIS based on agency input for printing NEPA/SEPA 51 DAYS 12/5/97
35. USFS receives from USFWS a current species list before requesting Formal Consultation ESA 30 DAYS 12/5/97
36. USFS requests Formal Consultation with USFWS ESA 12/7/97
37. Print and Mail DEIS NEPA/SEPA 14 DAYS 12/22/97
38. * ISSUE DEIS WITH COMMENT NOTICE 
  • ISSUE PUBLIC NOTICE FOR THE 404(b)(1)/Sec 10 PERMIT APPLICATION 
  • NEPA CWA 12/22/97
    39. USFWS requests additional support 402.14(c) data from USFS for the the agency to begin formulation of a DRAFT BIOLOGICAL OPINION (DBO) ESA 14 DAYS 12/22/97
    40. Publish NOTICE OF AVAILABILITY(NOA) in the Federal Register and public notice in the newspapers of record for beginning the DEIS comment period & 404(b)(1)/Sec 10 public interest review period NEPA 10 DAYS 12/22/97
    41. D&M submits final Sec. 402.14(c)data to USFS(Identified by USFWS as necessary for them to enter into formal consultation) ESA 14 DAYS 1/7/97
    42. USFS submits data to USFWS to begin formulation of a DBO ESA 14 DAYS 1/23/98
    43. 404(b)(1) public interest review period completed CWA 30 DAYS 1/23/98
    44. CORPS OF ENGINEERS(COE) transmits comments to applicant CWA 14 DAYS 2/7/98
    45. DEIS public comment period completed NEPA/SEPA 60 DAYS 2/23/98
    46. Public meetings for DEIS completed NEPA/SEPA 60 DAYS 2/23/98
    47. EFSEC Adjudicative Hearings begin WAC 60 DAYS 2/23/98
    48. Complete meetings with J&S on handling and addressing public comments received NEPA 14 DAYS 3/9/98
    49. J&S responds to substative comments & prepares any chapter changes for the FINAL EIS(FEIS) & prepares any chapter changes for the FINAL EIS(FEIS) NEPA 37 DAYS 4/20/98
    50. * USFWS ISSUES DBO AND ISSUES DRAFT INCIDENTAL TAKE STATEMENT TO USFS ESA 90 DAYS 4/23/98
    51. EFSEC Adjudicative Hearings Close WAC 60 DAYS 4/23/98
    52. Applicant responds to the 404(b)(1) public interest review comments CWA 60 DAYS 5/7/98
    53. USFS completes agency review of DBO and forwards comments to USFWS ESA 45 DAYS 5/23/98
    54. EFSEC requests applicant to prepare a DRAFT ORDER(DO)/FINDINGS OF LAW (FOL) WAC 30 DAYS 5/23/98
    55. Complete an internal agency review and comment on the preliminary FEIS NEPA 60 DAYS 6/20/98
    56. * USFWS ISSUES A FINAL BO AND INCIDENTAL TAKE STATEMENT TO THE USFS ESA 15 DAYS 6/23/98
    57. Complete coord. meetings with J&S on identification of the preferred environmental alternative in the FEIS NEPA 14 DAYS 7/5/98
    58. EFSEC ISSUES DO/FOL TO STATE AGENCYS AND INTERVENORS FOR COMMENTS WAC 60 DAYS 7/23/98
    59. BLM receives the revised POD and final ROW application revisions from OPL MLA 8/1/98
    60. Print and Mail FEIS NEPA/SEPA 30 DAYS 8/5/98
    61. * ISSUE FEIS WITH A PREFERRED ALTERNATIVE IDENTIFIED NEPA/SEPA 8/5/98
    62. Publish Notice of Availability(NOA) in the Federal Register and public notice in the newspapers of record for FEIS NEPA 10 DAYS 8/5/98
    63. Applicant responds to EFSEC on the DO/FOL comments WAC 15 DAYS 8/10/98
    64. COMPLETE MEETINGS WITH J&S AND AGENCY'S REPRESENTATIVES TO SELECT THE TENTATIVE PREFERRED RIGHT-OF-WAY (ROW) ALTERNATIVE FOR THE RECORD OF DECISION(ROD) NEPA 15 DAYS 8/20/98
    65. FORMAL AUTHORIZATION /CONCURRANCE IS ISSUED BY THE USFS, BOR, USFWS AND DOA ON THE PREFERRED ALTERNATIVE FOR THE ROW ROD TO BLM MLA 30 DAYS 9/20/98
    66. EFSEC PREPARES AND SERVES THE FINAL ORDER(FO)/SITE CERTIFICATION AGREEMENT(SCA) WAC 60 DAYS 10/30/98
    67. EFSEC appeal period begins for the FO/SCA WAC 10/30/98
    68. J&S prepares draft ROW ROD for Bureau of Land Management(BLM) review and comments NEPA 14 DAYS 11/1/98
    69. EFSEC appeal period ends for the FO/SCA WAC 10 DAYS 11/10/98
    70. BLM review of the draft ROW ROD completed & returned to J&S for final edits and printing NEPA 30 DAYS 12/1/98
    71. Applicant responds to EFSEC on the FO/SCA comments WAC 30 DAYS 12/10/98
    72. Print and mail ROW ROD NEPA 10 DAYS 12/15/98
    73. * ISSUE ROD DETERMINATION FOR THE BLM ROW GRANT APPLICATION NEPA 10 DAYS 12/15/98
    74. * COE ISSUES DETERMINATION FOR THE 404(b)(1) PERMIT APPLICATION CWA 120 DAYS 12/15/98
    75. Publish NOTICE OF DECISION(NOD) in the Federal Register and public notice in the newspapers of record for the COE's 404(b)(1) permit decision and BLM's ROW ROD NEPA/CWA 10 DAYS 12/15/98
    76. OPL converts POD to CONSTRUCTION, OPERATION AND MAINTENANCE Plan(COM) and submits to BLM for approval based on ROW ROD MLA 30 DAYS 12/15/98
    77. BLM notifys OPL on the status and decision concerning the ROW application across federal lands MLA 12/15/98
    78. EFSEC RE-ISSUES FO/SCA AND FORWARDS TO WASHINGTON STATE GOVERNOR FOR APPROVAL/REJECTION OR FURTHER WORK WAC 20 DAYS 12/30/98
    79. BLM begins preparation of ROW Grant MLA 1/2/99
    80. Receive general and specific site stipulations from Agencys. (USFS,BOR,DOA & USFWS) MLA 30 DAYS 2/2/99
    81. Solicit rental schedules from Agencys and complete rental determination for ROW Grant MLA 30 DAYS 2/2/99
    82. GOVERNOR ISSUES A DECISION ON THE EFSEC FO/SCA WAC 60 DAYS 2/28/99
    83. ROW ROD ADMINISTRATIVE REVIEW AND APPEAL PERIOD COMPLETED THROUGH THE BLM BOARD OF REVIEW NEPA 90 DAYS TO 2 1/2 YEARS 3/15/99
    84. FINALIZE ROW GRANT OFFER AND SUBMIT OFFER TO APPLICANT FOR DECISION ON WHETHER TO ACCEPT OR REJECT THE THE ROW GRANT MLA 45 DAYS 3/22/99
    85. APPLICANT AFFIRMS OR REJECTS THE ROW GRANT OFFER MLA 30 DAYS 4/22/99

     
    NEPA        National Environmental Planning Act

    SEPA         State Environmental Planning Act

    MLA          Mineral Leasing Act of 1920

    CWA         Section 404(b)(1) of the Clean Water Act

    ESA           Section 7 Consultation of the Endangered Species Act

    NHPA        Section 106 compliance with the National Historic Preservation Act

    WAC         Title 463 of the Washington Administrative Code