Regulatory Public Notice 23-29; LRN-2022-00933

SUBJECT: Proposed impacts to streams associated with construction of a natural gas pipeline adjacent to an existing pipeline, and the construction of a compressor station in Jefferson, Sevier, and Knox Counties. 

TO ALL CONCERNED: The application described below has been submitted for a Department of the Army (DA) Permit pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344).  

APPLICANT:    
East Tennessee Natural Gas, LLC
C/o Wade Abbott
915 N Eldridge Parkway, Suite 1100
Houston, Texas 77099

LOCATION:  The project is located at multiple streams in Jefferson, Sevier and Knox Counties, Tennessee.  

DESCRIPTION OF PROPOSED WORK: The applicant proposes to construct 16.07 miles of 24-inch-diameter pipeline loop next to East Tennessee Natural Gas’ existing 16-inch-diameter pipeline (known as Boyd’s Creek Loop). The applicant also proposes to construct a new compressor unit at the proposed Talbott Compressor Station in Jefferson County, Tennessee. 

The pipeline would cross a total of 28 reaches of stream (8 perennial, 6 intermittent, and 14 ephemeral) for a total temporary impact of ~0.35 acres (0.15 acres of perennial, 0.04 acres of intermittent, and 0.16 acres of ephemeral). Crossing methods would either be: dry crossings, horizontal directional drill (HDD), or equipment bridges.  Approximately 15.05 miles (approximately 94 percent of its total length) of the Boyd’s Creek Loop proposed 50-foot permanent easement is within the existing 50-foot-wide permanent ROW. Additional proposed new permanent easement is along approximately 1.02 miles of the Boyd’s Creek Loop. Exact locations of each stream crossing along with its proposed construction method of installation is provided in the attachment labeled “Table 1, Proposed Crossings and Impacts”.  

Plans and location maps of the proposed project are provided in this notice.  If you received this notice by mail and wish to view all of the diagrams, visit our web site at: http://www.lrn.usace.army.mil/Media/PublicNotices.aspx.

PURPOSE AND NEED: The applicant states the purpose of the proposed project is to increase the physical capability and improve operational reliability of the existing system. 
  
LEAD FEDERAL AGENCY: The Federal Energy Regulatory Commission (FERC) is the federal agency responsible for authorizing interstate natural gas transmission facilities under the Natural Gas Act.  

AVOIDANCE AND MINIMIZATION OF IMPACTS TO WATERS OF THE U.S.:  Based on information provided in the project application, efforts were made during the planning and design phases of this project to avoid impacts to waters of the U.S. to the extent practicable, and to minimize impacts that were not avoidable. All stream crossings temporary and impacted waters will return to preexisting conditions. 

COMPENSATORY MITIGATION:  The applicant has not proposed compensatory mitigation for the proposed project.  

EVALUATION:  The decision whether to issue a DA permit will be based on an evaluation of the probable impacts including cumulative impacts of the activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.  The evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, (40 CFR part 230).

SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity.  USACE is soliciting comments from the public; federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity.  Any comments received will be considered by USACE to determine whether to issue, modify, condition, or deny a permit for this proposal.  To make this decision, comments are used to assess impacts on endangered species, historical properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment (EA), supplemental EA, and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA).  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 

HISTORIC AND CULTURAL RESOURCES:   As lead federal agency, FERC will review the proposal for compliance with Section 106 of the NHPA. This Public Notice also serves to initiate public involvement requirements of Section 106 of the National Historic Preservation Act of 1996, as amended. Copies of this notice are being sent to the office of the State Historic Preservation Office (SHPO).

ENDANGERED/THREATENED SPECIES REVIEW: The Endangered Species Act (ESA) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. As lead federal agency, FERC will review the proposal for compliance with Section 7 of the ESA.  A review of USFWS’s Information for Planning and Conservation (IpaC) website (http://ecos.fws.gov/ipac/) identified the following 22 federally listed Threatened (T) and/or Endangered (E) species that may occur or could potentially be affected by the activities in this location:

OTHER APPROVALS:   In addition to the DA permit, other federal, state, and/or local approvals may be required for the proposed work, including:

1.    Before a permit can be issued, water quality certification must be provided by the State of Tennessee Department of the Environment and Conservation, pursuant to Section 401(a)(1) of the CWA (33 U.S.C. 1341), that applicable water quality standards will not be violated. 
2.    Other federal, state, and/or local approvals that may be required for the proposed work.

PUBLIC HEARING REQUESTS:  Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.  Requests for public hearings shall state, with particularity, the reasons for holding a hearing.

COMMENT PERIOD:  Written statements received within 30 days of the date of this notice will become a part of the record and considered in the determination.  Any response to this notice should reference File No. LRN-2022-00933, and be directed to the Regulatory Division, Attn: Autumn Osgood; at the above address or email at autumn.t.osgood@usace.army.mil.

                                                                                                                                                                 /s/
                                                                                                                                                    Casey Ehorn, Chief
                                                                                                                                         East Branch, Regulatory Division