October 24, 1996 STATUS REPORT FOR THE CROSS-CASCADE PIPELINE PROJECT REPORT # 5 PROJECT OVERVIEW/CHANGES: The company has made no changes to date to their proposal submitted to theState of Washington and Bureau of Land Management(BLM). COST RECOVERY: BLM is currently working on a cost proposal to be submitted to Olympic PipeLine Company(OPCO) which details all the projected costs from the Federalagencies. AGREEMENTS: 1. A revised final Memorandum of Agreement(MOA) has been signed off by the BLM and the agreement has been forward to the Department of the Army(DOA) at Fort Lewis for approval. Once the agreement is approved by DOA and returned to the FS, other remaining agencies(Bureau of Reclamation(BOR) and Army Corps of Engineers(COE)) will then be sent the agreement for subsequent review and action. 2. Forest Service(FS) has issued an invitation to the following agencies based on their expertise in managing coastal waters or energy distribution: 1. National Oceanic and Atmospheric Administration(NOAA), 2. National Marine Fisheries Service(NMFS) and Federal Energy Regulatory Commission(FERC). As of the date of this report, NOAA and FERC declined to participate as cooperating agency and NMFS has yet to respond to the invitation. ACCOMPLISHMENTS: GIS Information No changes from the last report to note. NEPA Documentation A draft technical report has been submitted(September 24, 1996) to various federal and state agencies by Dames and Moore(D&M) which addresses specific wetlands impacted by the proposed Cross Cascade Pipeline Project. Copies of pertinent sections have been forward to agency coordinators for review and comment. T&E Consultation (Sec. 7) No changes from the last report to note. Cultural Resource Consultation (Sec. 106) No changes from the last report to note. COMING EVENTS WITHIN THE NEXT 30 DAYS (Meetings/Publications/Due Dates): Meetings: Wetlands coordination meeting between OPCO, D&M biologists, Federal and State agencies representatives on the 1. review of sensitive areas, 2. mitigation process, 3. impacts andmitigation in perspective, 4. compensation ratios, compensatory mitigation planning, 6. restoration planning and erosion/sediment control planning. A tentative meeting has been set for November 15, 1996 in the USFWS Moses Lake office. Target group will be all Federal and State resource and regulatory agencies possibly affected by the proposed project. * Federal agency briefing meeting on scoping summary/Purpose and Need review and alternative development. Date is contingent on OPCO's response to J&S application review and the above coordination meeting with COE and EPA. Target group will be all interested Federal agencies. * FS, BLM and Energy Facility Site Evaluation Council(EFSEC) briefing meeting with J&S on general progress of the EIS process and problems being encountered by the consultant. Corps of Engineers(COE) will be attending and an effort will be made to work with COE to look at options in resolving the wording to be included in the EIS P&N statement. Date is set for 10:00 am on November 7, 1996 at the J&S office. Target group will be FS, BLM, EFSEC, COE, and J&S staff. INTERNAL CONTACTS/MEETINGS 1. A wetlands coordination meeting between OPCO, Dames and Moore(D&M) biologists, Federal and State agencies representatives was held on October 16, 1996 in the COE Seattle District Office to discuss the followingitems: 1. review of sensitive areas, 2. mitigation process, 3. impacts andd mitigation in perspective, 4. compensation ratios, compensatory mitigation planning, 6. restoration planning and erosion/sediment control planning. The meeting was informative and no decisions were made as to the acceptability of the process or information gathered. The group did acknowledge that a similar meeting for streams would be equally beneficial. An additional meeting as been schedule for the Eastern Washington area to present this similar process. 2. A progress meeting was held with the OPCO, D&M, EFSEC Project Manager, Federal Project Manager, and J&S staff on October 11, 1996, to discuss current aspects associated with the Project and how the joint EIS process was proceeding. The meeting agenda dealt with the applicants amended Purpose and Need, alternatives, wetlands, data/responses to J&S review of resource reports to be submitted by OPCO and approaches to upcoming coordination and coordination of the EIS process. No decisions were made at the meeting. EXTERNAL CONTACTS/MEETINGS A Prehearing conference meeting of the EFSEC Council was held on October 17, 1996 with most of the intervening parties either attending or listing via phone bridge. Discussions centered mainly around procedural matters related to 1. development of a issues list, 2. next actions, 3. serving notice, 4. sharing information. Next meeting was identified some time in January of 1997 but no specific date, time or location were given. EMERGING ISSUES (Notice something is happening--Long Term) General: * Keeping the Federal and State processes on parallel schedules * Meeting COE public notification, documentation and NEPA requirements. * Not getting Federal agreements finished up before DEIS phase begins. * Changes in the proposal or route not currently known or identified. * Roles of licensing agencies in the EIS approval process(ie. BPA and FERC) * Role of Federal Lead Agency in coordination of Cultural Resource approval for all Federal, State and private lands in the project. * What constitutes an inter-state pipeline and which Federal agencies have regulatory responsibility over their operation. EIS Scope and Development: * Federal approval of a Purpose and Need statement is critical before the scope of alternatives can be developed and evaluated for further in the EIS. EFSEC requirements are not as great and Federal requirements could cause additional work and delay in the process should more detail be needed. * The EIS schedule may change from whats currently identified by EFSEC. * Analyzing the "No Action" alternative in the EIS. * Connection with other actions to this proposal(ie. movement ofproduct outside the State, tank farm development in Western portion of the State and increase movement of crude oil in Puget Sound) * Spill risks, monitoring and what are the consequences. * What requirements or obligations are associated with Sole- Source Aquifers and proposed Federal actions? * How to handle mitigation in the Federal process. * Need for specific resource information which is critical in alternative analysis and selection of a preferred environmental alternative. COE will be critical in its review and decision on the least environmental impacting alternative for approval of its Sec. 404, 401 permits. * Construction window may be extremely narrow when considering stream flow protection for anadromous and inland fisheries, T&E species and winter trail use restrictions. RESOLVED ISSUES: * Issuing of the Record of Decision by one agency with multiple signors or issued by each jurisdictional agencies under each agency head. (BASED ON DISCUSSIONS WITH THE BLM AND STIPULATIONS OUTLINED IN THE MOA, BLM WILL ISSUE THE ROD FOR THE FEDERAL LANDS AFFECTED BUT WILL GET CONCURRENCE ON A PREFERRED ALTERNATIVE FROM THE JURISDICTIONAL AGENCIES BEFORE ISSUING A DECISION. FS WILL WORK WITH THE JURISDICTIONAL AGENCIES IN IDENTIFYING A SINGLE PREFERRED ENVIRONMENTAL ALTERNATIVE IN THE FINAL EIS. CONCURRENCE NEED NOT BEA SIGNATURE ON THE ROD BUT CAN BE IN THE FORM OF A LETTER FROM THE LINE OFFICER TO THE BLM IDENTIFYING ITS POSITION, DECISION RATIONALE AND ACCEPTANCE/DENIAL OF THE PROPOSED ACTION) ATTACHMENTS: None