U.S. Fish & Wildlife Service West Virginia Field Office 694 Beverly Pike Elkins, WV. ATTN: Project Review Request

Transcription

1 December 6, 2016 VIA FEDEX U.S. Fish & Wildlife Service West Virginia Field Office 694 Beverly Pike Elkins, WV ATTN: Project Review Request Re: Rover Pipeline LLC, Rover Pipeline Project Threatened and Endangered Species Consultation Contractor Yards in Doddridge, Harrison and Marshall Counties 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 additional contractor yards that are needed to allow its contractors to mobilize equipment and materials. Rover is re-initiating consultation on endangered and threatened species as the result of the three contractor yards listed in see Table 1 that were not previously identified and therefore not included in the Federal Energy Regulatory Commission s Environmental Impact Statement. All sites have some level of disturbance; none will require forest clearing. Biological crews have visited each site and have identified no threatened or endangered species. Where potentially jurisdictional wetlands or water features have been delineated on site, a 10-foot buffer will be established around these features and they will be fenced off and protected from construction activities. Given the disturbed nature of these sites, no impact on listed species is anticipated. Attached for each contractor yard is an aerial photograph, USGS map, representative site photos, and the results of a query on ECOS-IPaC website. On behalf of Rover, TRC Environmental Corporation (TRC) is requesting a no effect determination for these three yards. 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

2 December 6, 2016 Page 2 Attachments: Table 1 List of Contractor Yards Supporting documentation for each yard

3 ROVER PIPELINE PROJECT Table 1. Proposed Contractor Yards in West Virginia Yard Name County, State Acres Comments Sherwood Equipment Yard Central Sherwood Main Contractor Yard East Majorsville Main Contractor Yard Doddridge, WV 4.59 Past use as work area and mostly graveled. No wetlands or streams on site. Harrison, WV Not currently in use. Past use as a material and equipment yard, and graveled. Three emergent wetlands (0.04 acre, 0.02 acre, and ) acre on site. Marshall, WV Currently in use as a scrapyard and for material and equipment storage. One emergent wetland (0.01 acre) on site.

4 MI PA OH WV ^_ Majorsville Main Contractor Yard Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\CY_WV2.mxd ^_ Pipelines Contractor Yards State Boundary ^_ Sherwood Equipment Yard Central ^_ Ü Miles Sherwood Main Contractor Yard East Rover Pipeline Project Contractor Yards - West Virginia December 2016

5 ROVER PIPELINE PROJECT Sherwood Equipment Yard Central December 2016

6 Sherwood Equipment Yard Central Lat: 39 17' " N Long: 80 35' " W Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Sherwood Equipment Yard Central Doddrige County, WV Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

7 Sherwood Equipment Yard Central Lat: 39 17' " N Long: 80 35' " W Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Sherwood Equipment Yard Central Doddrige County, WV Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

8 Figure 9. View of Proposed Sherwood Central Equipment Yard in Doddridge County, Facing South. Figure 10. View of Proposed Sherwood Central Equipment Yard in Doddridge County, Facing North. 9

9 United States Department of the Interior FISH AND WILDLIFE SERVICE West Virginia Ecological Services Field Office 694 BEVERLY PIKE ELKINS, WV PHONE: (304) FAX: (304) URL: Consultation Code: 05E2WV SLI-0124 December 01, 2016 Event Code: 05E2WV 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, and proposed species, designated critical habitat, and candidate species 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 (ESA) of 1973, as amended (16 U.S.C et seq. ). This list can also be used to determine whether listed species may be present for projects without federal agency involvement. If the official species list you receive identifies any listed, proposed, or candidate species as potentially occurring in the proposed project area, then further section 7 consultation under the ESA is required with the Fish and Wildlife Service. Please submit a project review request to the West Virginia Field Office. To find out what information needs to be submitted with your project review request go to this link: Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you should submit to our office. 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 ESA, the accuracy of this species list should be verified after 90 days. This verification can

10 be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC site 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. 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 ( For information on bald and golden eagles in your project area please contact the West Virginia Division of Natural Resources, Natural Heritage Program at P.O. Box 67 Elkins, WV 26241, or call Additionally, wind energy projects should follow the Service's 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 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 ESA. Attachment 2

11 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Provided by: West Virginia Ecological Services Field Office 694 BEVERLY PIKE ELKINS, WV (304) Official Species List Consultation Code: 05E2WV SLI-0124 Event Code: 05E2WV E Project Type: ** OTHER ** Project Name: Rover Pipeline, LLC Project Description: Sherwood Equipment Yard Central 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/ :48 PM 1

12 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: Doddridge, WV 12/01/ :48 PM 2

13 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Endangered Species Act Species List There are a total of 4 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. Clams Status Has Critical Habitat Condition(s) clubshell (Pleurobema clava) Population: Wherever found; Except where Endangered listed as Experimental Populations Snuffbox mussel (Epioblasma triquetra) Population: Wherever found Endangered Mammals Indiana bat (Myotis sodalis) Population: Wherever found Northern long-eared Bat (Myotis septentrionalis) Population: Wherever found Endangered Threatened 12/01/ :48 PM 3

14 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/ :48 PM 4

15 ROVER PIPELINE PROJECT Sherwood Main Contractor Yard East December 2016

16 Sherwood Main Contractor Yard East Lat: 39 19' 5.223" N Long: 80 17' " W W3H-HA-292 W3H-HA-293 W3H-HA-294 Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Sherwood Main Contractor Yard East Harrison County, WV Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

17 Sherwood Main Contractor Yard East Lat: 39 19' 5.223" N Long: 80 17' " W W3H-HA-292 W3H-HA-293 W3H-HA-294 Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Sherwood Main Contractor Yard East Harrison County, WV Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

18 Figure 13. View of Proposed Sherwood Main East Contractor Yard in Harrison County, Facing South. Figure 14. View of Proposed Sherwood Main East Contractor Yard in Harrison County, Facing East. 12

19 United States Department of the Interior FISH AND WILDLIFE SERVICE West Virginia Ecological Services Field Office 694 BEVERLY PIKE ELKINS, WV PHONE: (304) FAX: (304) URL: Consultation Code: 05E2WV SLI-0125 December 01, 2016 Event Code: 05E2WV 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, and proposed species, designated critical habitat, and candidate species 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 (ESA) of 1973, as amended (16 U.S.C et seq. ). This list can also be used to determine whether listed species may be present for projects without federal agency involvement. If the official species list you receive identifies any listed, proposed, or candidate species as potentially occurring in the proposed project area, then further section 7 consultation under the ESA is required with the Fish and Wildlife Service. Please submit a project review request to the West Virginia Field Office. To find out what information needs to be submitted with your project review request go to this link: Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you should submit to our office. 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 ESA, the accuracy of this species list should be verified after 90 days. This verification can

20 be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC site 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. 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 ( For information on bald and golden eagles in your project area please contact the West Virginia Division of Natural Resources, Natural Heritage Program at P.O. Box 67 Elkins, WV 26241, or call Additionally, wind energy projects should follow the Service's 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 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 ESA. Attachment 2

21 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Provided by: West Virginia Ecological Services Field Office 694 BEVERLY PIKE ELKINS, WV (304) Official Species List Consultation Code: 05E2WV SLI-0125 Event Code: 05E2WV E Project Type: ** OTHER ** Project Name: Rover Pipeline, LLC Project Description: Sherwood Main Contractor Yard East 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/ :51 PM 1

22 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Project Location Map: Project Coordinates: MULTIPOLYGON ((( , , , , , , , , , , , , , , , , , , ))) Project Counties: Harrison, WV 12/01/ :51 PM 2

23 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Endangered Species Act Species List There are a total of 4 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. Clams Status Has Critical Habitat Condition(s) clubshell (Pleurobema clava) Population: Wherever found; Except where Endangered listed as Experimental Populations Snuffbox mussel (Epioblasma triquetra) Population: Wherever found Endangered Mammals Indiana bat (Myotis sodalis) Population: Wherever found Northern long-eared Bat (Myotis septentrionalis) Population: Wherever found Endangered Threatened 12/01/ :51 PM 3

24 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/ :51 PM 4

25 ROVER PIPELINE PROJECT Majorsville Main Contractor Yard December 2016

26 Majorsville Main Contractor Yard Lat: 39 58' " N Long: 80 44' 0.007" W W3H-MA-295 W3H-MA-213 Majorsville Lateral Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Pipelines Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Majorsville Main Contractor Yard Marshall County, WV Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

27 Majorsville Main Contractor Yard Lat: 39 58' " N Long: 80 44' 0.007" W W3H-MA-295 W3H-MA-213 Majorsville Lateral Document Path: R:\Projects\GIS_2014\219149_ETC_Rover\mxd\Figures\Yards\Rover_Yards.mxd Pipelines Contractor Yards Streams Wetlands Waterbodies 10-ft Buffer Majorsville Main Contractor Yard Marshall County, WV Ü ,000 Feet MI OH WV Rover Pipeline Project Contractor Yards PA November 2016

28 Figure View of 3. Proposed View of Proposed Majorsville Majorsville Main Contractor Main Yard Contractor in Marshall Yard County, in Doddridge Facing North. County, Facing North. Figure View 4. of Proposed View of Proposed Majorsville Majorsville Main Contractor Main Yard Contractor in Marshall Yard County, in Doddridge Facing Northeast. County, Facing Northeast. 5

29 United States Department of the Interior FISH AND WILDLIFE SERVICE West Virginia Ecological Services Field Office 694 BEVERLY PIKE ELKINS, WV PHONE: (304) FAX: (304) URL: Consultation Code: 05E2WV SLI-0123 December 01, 2016 Event Code: 05E2WV 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, and proposed species, designated critical habitat, and candidate species 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 (ESA) of 1973, as amended (16 U.S.C et seq. ). This list can also be used to determine whether listed species may be present for projects without federal agency involvement. If the official species list you receive identifies any listed, proposed, or candidate species as potentially occurring in the proposed project area, then further section 7 consultation under the ESA is required with the Fish and Wildlife Service. Please submit a project review request to the West Virginia Field Office. To find out what information needs to be submitted with your project review request go to this link: Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you should submit to our office. 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 ESA, the accuracy of this species list should be verified after 90 days. This verification can

30 be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC site 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. 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 ( For information on bald and golden eagles in your project area please contact the West Virginia Division of Natural Resources, Natural Heritage Program at P.O. Box 67 Elkins, WV 26241, or call Additionally, wind energy projects should follow the Service's 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 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 ESA. Attachment 2

31 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Provided by: West Virginia Ecological Services Field Office 694 BEVERLY PIKE ELKINS, WV (304) Official Species List Consultation Code: 05E2WV SLI-0123 Event Code: 05E2WV E Project Type: ** OTHER ** Project Name: Rover Pipeline, LLC Project Description: Majorsville Main Contractor Yard 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/ :43 PM 1

32 United States Department of Interior Fish and Wildlife Service Project name: Rover Pipeline, LLC Project Location Map: Project Coordinates: MULTIPOLYGON ((( , , , , , , , , , , , , , , , , , , , ))) Project Counties: Marshall, WV 12/01/ :43 PM 2

33 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/ :43 PM 3

34 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/ :43 PM 4