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Milestone Extension: Section 10 Rivers and Harbors Act of 1899 and Section 404 Clean Water Act

Submitted by david.w.gesl@u… on

1) The Corps initially discussed the date change with the Project Sponsor on February 25, 2020 and the Project Sponsor indicated in writing they do not object to the proposed extension.

2) None of the other agencies have actions that are dependent on the Regulatory Sec. 404/10 permit action or the Section 408 permission.  The extension would not result in an extension of the joint cooperating agency ROD target date. The DOI-BLM has not established a schedule for the cooperating agency ROD .  However, the Corps will complete our own separate ROD (which the applicant also requested) to avoid delaying other agencies from rendering their decisions.  That said, the Corps informed the lead federal agency, FERC, and other cooperating agencies of the date change on March 13, 2020.

3) The reason for the date change has been documented on the Dashboard as dependencies of the Corps permit and review.  The updates to the timetable have been discussed with our agency's CERPO.  The Corps will review the project CPP during the next round of quarterly updates to identify if any updates are needed.  

4) The milestone extension is the Corps’ final milestone (render a decision).  The date change is due to the Corps requirement that the following occur prior to the Corps rendering a decision: 1) the NHPA Section 106 process be complete; 2) Clean Water Act Section 401 Water Quality Certification is issued or a waiver has been determined to have occurred; 3) the US Secretary of Commerce overrides the State of Oregon's objection to the Coastal Zone Management Act consistency determination;  and 4) the Corps receives a revised and adequate Compensatory Mitigation Plan.  

5) Our CERPO has been included in email discussions and informed separately through internal Corps staff coordination.

Action
Project Name: Responsible Agency:
US Army Corps of Engineers - Regulatory
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
In Progress
POC Name:
Tyler Krug
POC Title:
Project Manager

Description:

The Portland District is reviewing a Department of the Army individual permit application pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act for the construction of structures and work in navigable waters of the U.S. and the discharge of dredged or fill material into waters of the U.S., including wetlands, respectively.  The review is associated with the construction of a liquefied natural gas export terminal, pipeline, and appurtenant features. This work is associated with Jordan Cove LNG Terminal and Pacific Connector Gas Pipeline Project.

Milestones:

Pre-construction Notification (PCN)/Form ENG 4345/Joint Application Form Received (Applicant Action)
Completed Date:
Complete Pre-Construction Notification (PCN)/Application Received (Applicant Action)
Completed Date:
Publication of Public Notice (Agency Action)
Completed Date:
Milestone Details

Pre-Construction Notification (PCN) / Application Deemed Complete on 08 May 2018 Public Notice issued and complete on 22 May 2018

 

Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The final milestone target date is dependent on the receipt of compliance documentation regarding Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act from FERC; the receipt of a Coastal Zone Management Act concurrence determination or presumed concurrence determination from the Oregon Department of Land Conservation and Development; the receipt of a Section 401 Water Quality Certification from the Oregon Department of Environmental Quality or a determination a waiver of the certification has occurred; and a Section 408 compliance determination from the Corps Portland District Planning, Programs, and Project Management Division.  Finally, we require a complete application, a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision.  Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.  If the information above is not received from FERC, state or Federal agencies, and/or the non-Federal applicant at least 60 days prior to the 90 day deadline, the Corps will consider this delay and adjust the decision deadline to allow a 60 day review once all required documentation/information is received.  The Corps will continue its evaluation concurrent with the federal environmental review process as much as practicable.

Milestone
Final Verification/Permit Decision Rendered (Agency Action)
Current Target Date:
Milestone Details

The final milestone target date is dependent on the receipt of compliance documentation regarding Tribal Trust Responsibilities, Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Essential Fish Habitat compliance pursuant to the Magnuson-Stevens Fishery Conservation and Management Act from FERC; the receipt of a Coastal Zone Management Act concurrence determination or presumed concurrence determination from the Oregon Department of Land Conservation and Development; the receipt of a Section 401 Water Quality Certification from the Oregon Department of Environmental Quality or a determination a waiver of the certification has occurred; and a Section 408 compliance determination from the Corps Portland District Planning, Programs, and Project Management Division.  Finally, we require a complete application, a complete mitigation plan, and information regarding alternatives from the applicant prior to rendering a permit decision.  Should submittal of any required information be delayed, the Corps will adjust its timeline accordingly.  If the information above is not received from FERC, state or Federal agencies, and/or the non-Federal applicant at least 60 days prior to the 90 day deadline, the Corps will consider this delay and adjust the decision deadline to allow a 60 day review once all required documentation/information is received.  The Corps will continue its evaluation concurrent with the federal environmental review process as much as practicable.

Project

PROJECT WEBSITE: Jordan Cove LNG

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
07/17/2020

9 out of 9

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Pipelines

SECTOR
Pipelines

Project Category

CATEGORY
Project Category FAST-41 Covered Projects
Major Infrastructure Projects

Federal Energy Regulatory Commission

LEAD AGENCY
Federal Energy Regulatory Commission, Office of Energy Projects

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Federal Energy Regulatory Commission

Federal Energy Regulatory Commission

Department of Energy

Department of Energy, Office of Fossil Energy

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Description:

The Jordan Cove LNG Project (Docket No. CP17-495-000) includes the construction and operation of a liquefied natural gas (LNG) export terminal on the North Spit of Coos Bay in Coos County, Oregon.  The terminal would include gas inlet facilities, a metering station, a gas conditioning plant, five liquefaction trains and associated equipment, two full-containment LNG storage tanks, an LNG transfer line, LNG ship loading facilities, a marine slip, a marine offloading facility, a new access channel between the Coos Bay Navigation Channel and the new marine slip, and enhancements to the existing Coos Bay Navigation Channel at four turns.  In addition, the terminal would include emergency and hazard, electrical, security, control, and support systems, administrative buildings, and a temporary workforce housing facility.  The LNG terminal would be designed to liquefy about 1.04 billion cubic feet per day of LNG for export to markets across the Pacific Rim.

The Pacific Connector Gas Pipeline (Docket No. CP-17-494) includes the construction and operation an approximately 235-mile-long, 36-inch-diameter interstate natural gas transmission pipeline and associated aboveground facilities.  The pipeline would originate near Malin in Klamath County, Oregon, traverse Douglas and Jackson Counties, and terminate (at the LNG Terminal) in Coos County, Oregon.  The pipeline would be capable of transporting about 1.2 billion cubic feet per day of natural gas.  The associated aboveground facilities would include the new Klamath Compressor Station (61,500 horsepower) near Malin, Oregon; 3 new meter stations; 5 new pig launchers and receivers; 17 mainline block valves; and a gas control communication system.

Fast-41 Initiation Notice

Project Application and Supporting Documents

Federal Agency Actions

FERC Litigation

  • None filed.

 

For improved transparency, FERC is providing this supplemental table to reflect the additional federal authorizations that may be required for the Jordan Cove LNG Project.  

Additional Federal Agency Authorization Timetable for the Jordan Cove LNG and Pacific Connector Gas Pipeline Project
Agency Permit Status Applicable Timelines
U.S. Coast Guard Letter of Recommendation Completed Receipt of Letter of Intent:  April 2006
Receipt of Water Suitability Assessment:  10/1/17
Letter of Recommendation to FERC:  5/10/18  

 

Federally-Delegated State Authorization Table
Agency Permit Status Applicable Timeline
Oregon Department of Environmental Quality Clea Water Act 401 Water Quality Certification Pending The state agency has not opted into the FAST-41 process.  This authorization is listed for information purposes only, and does not transfer any responsibility to the state agency to conform to the Permitting Timetable. 18 C.F.R. § 157.22 (2016) provides that "a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law."
Oregon Department of Environmental Quality Clean Water Act - National Pollutant Discharge Elimination System Permit Pending The state agency has not opted into the FAST-41 process.  This authorization is listed for information purposes only, and does not transfer any responsibility to the state agency to conform to the Permitting Timetable. 18 C.F.R. § 157.22 (2016) provides that "a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law."
Oregon Department of Environmental Quality Clean Air Act – Title V Operating Air Permit Pending The state agency has not opted into the FAST-41 process.  This authorization is listed for information purposes only, and does not transfer any responsibility to the state agency to conform to the Permitting Timetable. 18 C.F.R. § 157.22 (2016) provides that "a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law."
Oregon Department of Environmental Quality Clean Air Act - New Source Review Permit for LNG Terminal Pending The state agency has not opted into the FAST-41 process.  This authorization is listed for information purposes only, and does not transfer any responsibility to the state agency to conform to the Permitting Timetable. 18 C.F.R. § 157.22 (2016) provides that "a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law."
Oregon Department of Land Conservation and Development Coastal Zone Management Consistency Determination Pending The state agency has not opted into the FAST-41 process.  This authorization is listed for information purposes only, and does not transfer any responsibility to the state agency to conform to the Permitting Timetable. 18 C.F.R. § 157.22 (2016) provides that "a final decision on a request for a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law."

 

Last updated December 30, 2019

field_status
System Comments
Furthest out
Original Target Date: 02/27/2020
Milestone: Final Verification/Permit Decision Rendered

Requested extensions greater than 30 days for this Action are shown below:

Final Verification/Permit Decision Rendered extended by 223
From: 04/28/2020
To: 10/07/2020