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:
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:
__________________________________________
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
|
|
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
|
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 | |||
LEGAL REFERENCE CODES
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