December 6, Via fedex

Transcription

1 December 6, 2016 Via fedex U.S. Fish & Wildlife Service Pennsylvania Field Office Endangered Species Section 110 Radnor Road, Suite 101 State College, PA Re: Rover Pipeline LLC, Rover Pipeline Project Threatened and Endangered Species Consultation Burgettstown Main Contractor Yard, Washington County FERC Docket No. CP To Whom It May Concern: In letters dated September 30 and November 14, 2016, Rover Pipeline LLC (Rover) obtained concurrence from the U.S. Fish and Wildlife Service that the Rover Pipeline Project (Project) is not likely to adversely affect any federally listed threatened or endangered species. Rover is in the process of commencing construction of the Project and has identified one additional contractor yard that is needed to allow its contractors to mobilize equipment and materials. Rover is re-initiating consultation on endangered and threatened species as a result of the addition of this contractor yard that was not previously identified and therefore not included in the Federal Energy Regulatory Commission s Environmental Impact Statement. This approximate 26.8-acre property is located approximately 1.5 miles south of Frankfort Springs and was previously occupied by Miller Airport. It is currently in use for equipment storage. Attached is an aerial photograph, USGS map, and representative site photos of the yard. In addition, also included are the results of a query on the ECOS-IPaC website and a PNDI receipt. On behalf of Rover, TRC Environmental Corporation (TRC) is requesting a no effect determination for this yard. Please do not hesitate to contact me if you have any questions or need any additional information at or ppatterson@trcsolutions.com. Thank you for your assistance. Sincerely, Patricia Patterson Senior Project Manager Attachments

2 ROVER PIPELINE PROJECT Burgettstown Main Contractor Yard 2 December 2016

3 Burgettstown Main Contractor Yard 2 Lat: 40 27' " N Long: 80 26' " W Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Burgettstown Main Contractor Yard 2 Washington County, PA Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

4 Burgettstown Main Contractor Yard 2 Lat: 40 27' " N Long: 80 26' " W Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Burgettstown Main Contractor Yard 2 Washington County, PA Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

5 Figure 3. View of Burgettstown Main Contractor Yard in Washington County, Facing North. Figure 4. View of Burgettstown Main Contractor Yard in Washington County, Facing West. 4

6 United States Department of the Interior FISH AND WILDLIFE SERVICE Pennsylvania Ecological Services Field Office 110 RADNOR ROAD, SUITE 101 STATE COLLEGE, PA PHONE: (814) FAX: (814) URL: Consultation Code: 05E2PA SLI-0208 December 01, 2016 Event Code: 05E2PA E Project Name: Rover Pipeline, LLC Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C et seq. ). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR (e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq. ), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

7 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq. ), and projects affecting these species may require development of an eagle conservation plan ( Additionally, wind energy projects should follow the wind energy guidelines ( for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: and Any activity proposed on National Wildlife Refuge lands must undergo a "Compatibility Determination' conducted by the Refuge. Please contact the individual Refuge to discuss any questions or concerns. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment 2

8 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Provided by: Pennsylvania Ecological Services Field Office 110 RADNOR ROAD SUITE 101 STATE COLLEGE, PA (814) Official Species List Consultation Code: 05E2PA SLI-0208 Event Code: 05E2PA E Project Type: ** OTHER ** Project Name: Rover Pipeline, LLC Project Description: Burgettstown Main Contractor Yard 2 Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns. 12/01/ :33 PM 1

9 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Project Location Map: Project Coordinates: The coordinates are too numerous to display here. Project Counties: Washington, PA 12/01/ :33 PM 2

10 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Endangered Species Act Species List There are a total of 2 threatened or endangered species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions. Mammals Status Has Critical Habitat Condition(s) Indiana bat (Myotis sodalis) Population: Wherever found Northern long-eared Bat (Myotis septentrionalis) Population: Wherever found Endangered Threatened 12/01/ :33 PM 3

11 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Critical habitats that lie within your project area There are no critical habitats within your project area. 12/01/ :33 PM 4

12 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Appendix A: FWS National Wildlife Refuges and Fish Hatcheries There are no refuges or fish hatcheries within your project area. 12/01/ :33 PM - Appendix A 1

13 Pennsylvania Department of Conservation and Natural Resources PNDI Receipt: project_receipt_rover_pipeline_project_618117_1.pdf 1. PROJECT INFORMATION Project Search ID: PNDI Project Name: Rover Pipeline Project Date of Review: 12/5/ :36:48 PM Project Category: Energy Storage, Production, and Transfer, Energy Transfer, Other Project Area: acres County(s): Washington Township/Municipality(s): HANOVER ZIP Code: Quadrangle Name(s): BURGETTSTOWN Watersheds HUC 8: Upper Ohio Watersheds HUC 12: Kings Creek; Potato Garden Run-Racoon Creek Decimal Degrees: , Degrees Minutes Seconds: 40 27' " N, 80 26' " W 2. SEARCH RESULTS Agency Results Response PA Game Commission No Known Impact No Further Review Required PA Department of Conservation and No Known Impact No Further Review Required Natural Resources PA Fish and Boat Commission No Known Impact No Further Review Required U.S. Fish and Wildlife Service No Known Impact No Further Review Required As summarized above, Pennsylvania Natural Diversity Inventory (PNDI) records indicate no known impacts to threatened and endangered species and/or special concern species and resources within the project area. Therefore, based on the information you provided, no further coordination is required with the jurisdictional agencies. This response does not reflect potential agency concerns regarding impacts to other ecological resources, such as wetlands. Page 1 of 5

14 Pennsylvania Department of Conservation and Natural Resources PNDI Receipt: project_receipt_rover_pipeline_project_618117_1.pdf Project Search ID: PNDI Page 2 of 5

15 Pennsylvania Department of Conservation and Natural Resources PNDI Receipt: project_receipt_rover_pipeline_project_618117_1.pdf Project Search ID: PNDI Page 3 of 5

16 Pennsylvania Department of Conservation and Natural Resources PNDI Receipt: project_receipt_rover_pipeline_project_618117_1.pdf Project Search ID: PNDI AGENCY COMMENTS Regardless of whether a DEP permit is necessary for this proposed project, any potential impacts to threatened and endangered species and/or special concern species and resources must be resolved with the appropriate jurisdictional agency. In some cases, a permit or authorization from the jurisdictional agency may be needed if adverse impacts to these species and habitats cannot be avoided. These agency determinations and responses are valid for two years (from the date of the review), and are based on the project information that was provided, including the exact project location; the project type, description, and features; and any responses to questions that were generated during this search. If any of the following change: 1) project location, 2) project size or configuration, 3) project type, or 4) responses to the questions that were asked during the online review, the results of this review are not valid, and the review must be searched again via the PNDI Environmental Review Tool and resubmitted to the jurisdictional agencies. The PNDI tool is a primary screening tool, and a desktop review may reveal more or fewer impacts than what is listed on this PNDI receipt. The jursidictional agencies strongly advise against conducting surveys for the species listed on the receipt prior to consultation with the agencies. PA Game Commission RESPONSE: No Impact is anticipated to threatened and endangered species and/or special concern species and resources. PA Department of Conservation and Natural Resources RESPONSE: No Impact is anticipated to threatened and endangered species and/or special concern species and resources. PA Fish and Boat Commission RESPONSE: No Impact is anticipated to threatened and endangered species and/or special concern species and resources. U.S. Fish and Wildlife Service RESPONSE: No impacts to federally listed or proposed species are anticipated. Therefore, no further consultation/coordination under the Endangered Species Act (87 Stat. 884, as amended; 16 U.S.C et seq. is required. Because no take of federally listed species is anticipated, none is authorized. This response does not reflect potential Fish and Wildlife Service concerns under the Fish and Wildlife Coordination Act or other authorities. 4. DEP INFORMATION The Pa Department of Environmental Protection (DEP) requires that a signed copy of this receipt, along with any required documentation from jurisdictional agencies concerning resolution of potential impacts, be submitted with applications for permits requiring PNDI review. Two review options are available to permit applicants for handling PNDI coordination in conjunction with DEP s permit review process involving either T&E Species or species of special concern. Under sequential review, the permit applicant performs a PNDI screening and completes all coordination with the appropriate jurisdictional agencies prior to submitting the permit application. The applicant will include with its application, both a PNDI receipt and/or a clearance letter from the jurisdictional agency if the PNDI Receipt shows a Potential Impact to a species or the applicant chooses to obtain letters directly from the jurisdictional agencies. Under concurrent review, DEP, where feasible, will allow technical review of the permit to occur concurrently with the T&E species consultation with the jurisdictional agency. The applicant must still supply a copy of the PNDI Receipt with its permit application. The PNDI Receipt should also be submitted to the appropriate agency according to directions on the PNDI Receipt. The applicant and the jurisdictional agency will work together to resolve the potential impact(s). See the DEP PNDI policy at Page 4 of 5

17 Pennsylvania Department of Conservation and Natural Resources PNDI Receipt: project_receipt_rover_pipeline_project_618117_1.pdf Project Search ID: PNDI ADDITIONAL INFORMATION The PNDI environmental review website is a preliminary screening tool. There are often delays in updating species status classifications. Because the proposed status represents the best available information regarding the conservation status of the species, state jurisdictional agency staff give the proposed statuses at least the same consideration as the current legal status. If surveys or further information reveal that a threatened and endangered and/or special concern species and resources exist in your project area, contact the appropriate jurisdictional agency/agencies immediately to identify and resolve any impacts. For a list of species known to occur in the county where your project is located, please see the species lists by county found on the PA Natural Heritage Program (PNHP) home page ( Also note that the PNDI Environmental Review Tool only contains information about species occurrences that have actually been reported to the PNHP. 6. AGENCY CONTACT INFORMATION PA Department of Conservation and Natural Resources Bureau of Forestry, Ecological Services Section 400 Market Street, PO Box 8552 Harrisburg, PA RA-HeritageReview@pa.gov Fax:(717) PA Fish and Boat Commission Division of Environmental Services 450 Robinson Lane, Bellefonte, PA RA-FBPACENOTIFY@pa.gov 7. PROJECT CONTACT INFORMATION U.S. Fish and Wildlife Service Pennsylvania Field Office Endangered Species Section 110 Radnor Rd; Suite 101 State College, PA NO Faxes Please PA Game Commission Bureau of Wildlife Habitat Management Division of Environmental Planning and Habitat Protection 2001 Elmerton Avenue, Harrisburg, PA RA-PGC_PNDI@pa.gov NO Faxes Please Name: Buffy Thomason Company/Business Name: Rover Pipeline LLC Address: 1300 Main St City, State, Zip: Houston, TX Phone:( ) Fax:( ) buffy.thomason@energytransfer.com 8. CERTIFICATION I certify that ALL of the project information contained in this receipt (including project location, project size/configuration, project type, answers to questions) is true, accurate and complete. In addition, if the project type, location, size or configuration changes, or if the answers to any questions that were asked during this online review change, I agree to re-do the online environmental review. applicant/project proponent signature 12/5/16 date Page 5 of 5