The compliance monitors are responsible for reviewing NEXUS s construction and documenting compliance with the FERC Certificate.
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1 FEDERAL ENERGY REGULATORY COMMISSION ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM WEEKLY SUMMARY REPORT NEXUS GAS TRANSMISSION PROJECT DOCKET NO.: CP FOR THE PERIOD: MARCH 19 THROUGH MARCH 25, 2018 On August 25, 2017, the Federal Energy Regulatory Commission (FERC) issued a Certificate of Public Convenience and Necessity (Certificate) under section 7 of the Natural Gas Act for authorization to construct and operate the NEXUS Gas Transmission, LLC (NEXUS) NEXUS Gas Transmission Project (Project). The Project consists of about miles new of 36-inch-diameter pipeline and associated facilities, including about miles of new pipeline in Columbiana, Stark, Summit, Medina, Lorain, Huron, Erie, Sandusky, Wood, Lucas, Henry, and Fulton Counties, Ohio; and about 48.1 miles of new pipeline in Lenawee, Monroe, and Washtenaw Counties, Michigan; four new natural gas-fired compressor stations, and associated facilities/aboveground appurtenances. As committed to in its application and in accordance with the Order for the above referenced docket, NEXUS agreed to fund an (Program) during construction of the Project. This report provides a summary of the FERC Compliance Monitors construction review for this reporting period. Three Program Compliance Monitors (CMs), Aric Donajkowski, Tom McDonald, and Tina Webb are conducting daily inspections documenting compliance with the Project s environmental requirements along the Project s right-of-way. The compliance monitors are responsible for reviewing NEXUS s construction and documenting compliance with the FERC Certificate. SUMMARY OF COMPLIANCE MONITOR REPORTS AND APPROVED VARIANCES FOR THE NEXUS GAS TRANSMISSION PROJECT Compliance Level Number of Reports this Reporting Period Cumulative Number of Reports Acceptable Communication Problem Area 0 3 Noncompliance 1 1 Serious Violation 0 0 Approved Level 1 Variances 3 19 Approved Level 2 Variances 2 21 Approved Level 3 Variances 0 5 Total Reports
2 COMMUNICATION REPORTS NEXUS Gas Transmission Project, Docket No.: CP Communication reports provide documentation of relevant meetings between the FERC CM and landowners, agencies, Project representatives, Environmental Inspectors, and/or Contractors. The six communication and follow-up reports represented below capture compliance related information for keeping this weekly summary report relevant to current Project activities. Date SUMMARY OF COMMUNICATION REPORTS FOR THE NEXUS GAS TRANSMISSION PROJECT MARCH 19, 2018 THROUGH MARCH 25, 2018 Spread/ Facility Location (Milepost) Follow-up Required If Applicable (Yes or No) Communication Description 3/19/ No The CM discussed the need for a rock construction entrance (RCE) on the west side of Serfass Rd. and Mt. Eaton Rd. to prevent future off-site sediment tracking onto the paved road surface with the Lead Environmental Inspector (Lead EI). The Lead EI discussed the concern with the Contractor for resolution. The CM also observed rutting within designated organic farm land near milepost (MP) The rutting was from a non-tracked piece of equipment which was not consistent with the equipment being used by the Contractor and therefore determined to be caused by a non-projectrelated party. The Lead EI stated the Landowner would be notified. 3/19/ No The CM reported that the Contractor attempted to pull onto the right-of-way (ROW) from Mt. Eaton Rd. onto ungraded ground that was too soft which resulted in rutting. The Lead EI closed the area to further use to prevent further rutting until a RCE could be installed. A visible barrier was placed at the entrance to prevent further rutting. The RCE were set to be installed the same week. No soil mixing was observed due to the rutting. 3/20/ No On February 19 the CM reported that brown and orange turbid water was leaving the footprint of the Toledo Wareyard 3-3 without any sediment or erosion control devices (ECDs) installed on the perimeter. After communicating with the thirdparty FERC Environmental Compliance Manager and Lead EI, the Contractor moved the mat washing operation to the center of the yard to alleviate the concern. On March 20, the CM reported that the Contractor was washing mats at a new location south and east of the previous location. No off-site sediment discharge from the mat washing operations was noted. 3/22/ No A substantial amount non-project-related preconstruction garbage was observed along the banks of a stream A S2. The garbage inside of the Project workspace was cleaned up by the Contractor. 3/22/ No The Lead EI informed the CM of an area of off-row mowing on the east side of Serfass Road in a fallow field near additional temporary workspace (ATWS) The NEXUS environmental team documented the incident as a Problem Area. The Contractor noticed the off-row mowing and stopped work immediately and contacted the NEXUS environmental inspection team. No ground disturbance occurred. Additionally, NEXUS communicated that additional measures to prevent future occurrence would be implemented, including adding additional flagging and staking in confusing areas and further communication with the Contractor to prevent reoccurrence. The CM communicated to NEXUS that future occurrence of off-row mowing or clearing on Spread 2 would result in a noncompliance report. 2
3 Date SUMMARY OF COMMUNICATION REPORTS FOR THE NEXUS GAS TRANSMISSION PROJECT MARCH 19, 2018 THROUGH MARCH 25, 2018 Spread/ Facility Location (Milepost) Follow-up Required If Applicable (Yes or No) Communication Description 3/24/ Yes The CM noted that required exclusion fence was down at the west edge of the ATWS Huron River Horizontal Directional Drill (HDD). The CM communicated the concern to the Lead EI. 3
4 NONCOMPLIANCE REPORTS NEXUS Gas Transmission Project, Docket No.: CP Noncompliance reports document an activity or area that is not in compliance with Project specifications, which results in damage to resources or places sensitive resources at unnecessary risk. One noncompliance report was issued by the CMs during this period, as detailed below. Spread 4 Summary (MP 247.6) The CM observed a Project-related vehicle occupying an area outside of the workspace limits near MP at steam A16-18-S1 along Tuttle Hill Rd. Upon taking the photo, the vehicle moved to a different location. The CM asked the EI to observe the location and the EI and CM confirmed the area previously occupied by the vehicle was not within the approved Project workspace. This activity was not in compliance with section 3.1 of the Project's Erosion and Sedimentation Control Plan. The CM has previously documented access through unapproved workspace and/or evidence of unapproved workspace use on 2/26/18, 2/8/18, 1/6/18, 1/4/18, 12/20/17, 11/9/17, and 11/4/17. SP 4, MP 247.6, Project related work truck parked outside of workspace limits at Stream A16-18-S1, Tuttle Hill Road. SP4, MP 247.6, GPS point N , W where Project truck was parked outside workspace limits. 4
5 SUMMARY OF LEVEL 1, 2, AND 3 VARIANCE REQUESTS Three Level 1 Variance Requests and two Level 2 Variance Requests were approved during this period. A tabular summary of the requested and approved variances for the above-mentioned reporting period is presented below. SUMMARY OF APPROVED VARIANCES FOR THE NEXUS GAS TRANSMISSION PROJECT MARCH 19, 2018 THROUGH MARCH 25, 2018 Variance Number Variance Level a Date Received Location (Milepost) Description SP4-L /20/ Request to repair 2 to 4-inch-deep rutting on the shoulder of Bemis Rd. and east of the rock access pad, outside of the permitted workspace. MR4-L /16/ Request for like-use of additional space as a pipe laydown yard for materials storage and fabrication activities. The space already has gravel in place and is ready for use once silt fence is installed. SP4-L /22/ to Request to repair a Landowner disturbance within the ROW to repair a disturbed wetland area, install ECDs, and stabilize the area to prevent further erosion and sedimentation into the wetland or stream. MR2-L /22/18 MR02/MP 0 Request to permanently alter the contours of a 1.94-acre portion of an ATWS associated with the construction of Meter/Regulation Stations 02 and 03. The new contours would be installed at a slope of 3:1 and would be reseeded with an upland seed mix according to the requirements of the NEXUS Erosion and Sedimentation Control Plan. SP4-L /24/ Request to use a like-use access to the ROW between the entrance and exit of the ACM tunnel bore which will allow the contractor to cut, cap and weld a valve to the bore pipe. The path of travel was from Thoroughbred Road to temporary access road (TAR) and continuing west on ACM s paved service drive. Status (Approval Date) 3/20/18 3/21/18 3/22/18 3/23/18 3/24/18 5
6 SELECTED PHOTOGRAPHS OF OBSERVED ACTIVITIES Acceptable Compliance Level, Spread 1, Canton Wareyard, View southwest of the timber mat washing station. Acceptable Compliance Level, Spread 1, MP 38.3, View southwest where logs are being removed. 6
7 Communication Compliance Level, NEXUS issued problem area report, Spread 2, MP 54.7, View east of area mowed outside of approved workspace boundary. Acceptable Compliance Level, Spread 2, MP 56.6, View west, rock construction entrance on the east side of Rittman Road. 7
8 Acceptable Compliance Level, Spread 3, MP 136.8, View south of a riparian buffer at stream D14-6-S2A. Acceptable Compliance Level, Spread 3, MP 139.6, View west of a clearing crew placing mats for the stream crossing D14-9-S1. 8
9 Acceptable Compliance Level, Spread 4, MP 250.1, View north of wetland D being backfilled. Acceptable Compliance Level, Spread 4, MP 254.6, View east of a bore hole being excavated. 9
June 1, Dear Mr. Simpson:
10 Main Street Suite 321 New Paltz, NY 12561 T 845.255.0210 F 845.256.8110 www.willinghamengineering.com 1 June 1, 2016 Mr. Philip T. Simpson Robinson Brog Leinwand Greene Genovese & Gluck, P.C. 875 Third
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