Cooperating under NEPA
Description:
The Portland District is reviewing a Department of Army individual permission pursuant to 33 USC Section 408 for potential adverse impacts to the Coos Bay Federally Authorized Navigation Channel. Those features, include: the pile dike field, pipeline construction under the navigation channel, slip and access channel, marine offloading facility, dredging in the Coos Bay Federal Navigation Channel, dredged material disposal management and temporary dredge material disposal pipe placement in the Federal Navigation Channel. This work is associated with Jordan Cove LNG Terminal and Pacific Connector Gas Pipeline.
The USACE Action remains paused on the Dashboard while the applicant determines next steps for obtaining a Clean Water Act Section 401 water quality certification and Coastal Zone Management Act consistency concurrence. Schedule unknown.
On June 10, 2021, Jordan Cove Liquefied Natural Gas' Section 408 permission was suspended as the applicant has paused the project for an undetermined length of time.
On December 20, 2021, the quarterly update email regarding the Jordan Cove LNG Terminal and Pacific Connector Gas Pipeline Project was sent out, in that email, FERC explained that on December 16, 2021, the Commission issued an order vacating the Natural Gas Act (NGA) section 3 authorization for the Jordan Cove LNG Terminal issued in Docket No. CP17‑495-000 and the NGA section 7 authorization for the Pacific Connector Pipeline issued in Docket No. CP17‑494-000. Per section 385.713 of the Commission’s regulations, parties had 30 days to file for rehearing of the order. FERC also informed USACE that once the rehearing period passed or any rehearing request was processed, FERC would request any agency updates to the Permitting Dashboard (Dashboard). No parties filed requests for rehearing and the Commission action is now considered final.
Milestones:
-
Section 106 Review
:
Section 106 consultation concluded (Agency Action)
- Completed Date: 07/17/2020 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 01/10/2020 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Completed Date: 01/17/2020 -
Endangered Species Act Consultation (NOAA-NMFS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 07/01/2021 -
Endangered Species Act Consultation (DOI-FWS)
:
ESA Consultation Concludes (Agency Action)
- Current Target Date: 05/10/2021
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 the 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/waiver from the Oregon Department of Environmental Quality or a waiver of the certification; and the receipt of a complete application from the applicant. If the information above is not received from the FERC, state or Federal agencies, and/or the applicant at least 60 days prior to the milestone target date, the Corps will consider the delay and adjust the decision deadline to allow a 60-day review once all required documentation/information is received. In the meantime, the Corps will continue its evaluation concurrent with the federal environmental review process as much as practicable.
On June 10, 2021, Jordan Cove Liquefied Natural Gas’ Section 408 permission was suspended as the applicant has paused the project for an undetermined length of time.