ESA Considerations for Columbia River Vessel Traffic Pacific Northwest Waterways Association 2017 Annual Convention Brent Carson Matthew Love October 18, 2017
Roadmap Lower Columbia River Projects Update Endangered Species Act Considerations Corps/NMFS jurisdictional issues Wake Stranding Lessons Learned and Upcoming Issues 2
Current Lower Columbia River Projects Vancouver Energy - Crude-by-Rail Terminal Port of Kalama - Kalama Manufacturing & Marine Export Facility Millennium Coal Export Facility Lower Columbia River Channel Maintenance Planning Other 3
Kalama Manufacturing & Marine Export Facility 4
Project Location 5
Project Site Plan 6
Project Description Manufacturing Facility to convert natural gas to methanol to be transported by ship to Asia for production of olefins used in consumer products New marine terminal for loading methanol onto ships and for lay berthing of vessels Lateral natural gas pipeline to supply facility (constructed by gas pipeline company) 72 export vessel trips per year 7
Key Approvals Status Shoreline Permits (SSDP and CUP) Applied to Cowlitz County December 2015 Final EIS (Joint Port of Kalama/Cowlitz County) issued September 2016 Hearing Examiner Approval of SSDP and CUP March 2017 Shoreline Hearings Board Appeal Filed June 2017 Shoreline Hearing Board Remand EIS for Reconsideration of Greenhouse Gas Emission Impacts 8
Key Approvals Status Corps Section 10 and Section 404 Permits JARPA (Individual Permit) filed August 2015 Joint Corps/Ecology Notice October 2015 Ecology 401 Certification February 2017 National Marine Fisheries Service (NMFS) BiOp Issued October 10, 2017 Corps EA and Permit Decision pending 9
Vancouver Energy Crude-by-Rail Terminal 10
Vancouver Energy - Project Location 11
Project Site Plan 12
Project Description Modifications to existing unit train rail loop and existing marine terminal on an industrial site previously used as an aluminum processing facility Up to average 4 unit trains per day (360,000 barrels per day) Up to 365 export vessel trips per year Energy Facility Site Evaluation Council Certificate Corps Permit for Seismic upgrades to existing dock 13
Key Approvals Status EFSEC Application for Site Certificate - August 2013 DEIS published November 2015 EFSEC Council Adjudication July 2016 FEIS and Council Recommendation pending Corps JARPA (NWP 3 and 12) filed January 2014 JARPA (Indiv. Permit) refiled July 2015 NMFS BiOp pending Corps EA and Permit Decision pending 14
Millennium Coal Export Proposal to build unit train unloading area, storage facility, and two docks to export maximum of 44 million metric ton of coal year. Up to 842 export vessel trips per year. NEPA Draft EIS issued by Corps September 2016 SEPA Final EIS issued April 2017 (Joint Ecology/Cowlitz County) Ecology Denies 401 Cert. September 2017 15
Project Wide Key Issues and Implications Commodity Specific Evaluations? Scope of GHG Impact Analysis Rail Transportation Impacts Marine Vessel Transportation Impacts (i.e. Wake Stranding) 16
Lower Columbia River Channel Maintenance Planning Corps and Lower Columbia Ports Conducting Joint SEPA/NEPA Environmental Review for 20 Year Maintenance and Operation Plan for Lower Columbia River Key ESA Issues Dredged Material Management Streaked Horn Lark Wake Stranding 17
Federal Permitting U.S. Army Corps of Engineers Laws and Permits 404 Clean Water Act (33 U.S.C. 1344) (33 C.F.R. 322) Discharge of Dredged or Fill Material into Waters of the United States (WOTUS) 10 Rivers and Harbors Act of 1899 (33 U.S.C. 401) Obstructions in Truly Navigable Waters http://www.nws.usace.army.mil/portals/27/docs/regulatory/permit% 20guidebook/Navigable_Waters_of_the_US_in_WA_State.pdf 14 Rivers and Harbors Act of 1899 (33 U.S.C. 408) 408 Permit for Disturbing or Using Corps Improvements http://www.publications.usace.army.mil/portals/76/publications/eng ineercirculars/ec_1165-2-216.pdf?ver=2016-06-28-100552-103 18
Endangered Species Act (ESA) The ESA, passed by Congress in 1973, is designed to protect critically imperiled species from extinction. The most comprehensive legislation for the preservation of endangered species ever enacted by any nation. Tennessee Valley Auth. v. Hill, 437 U.S. 153 (1978). Administered by: Department of Commerce National Marine Fisheries Service (NMFS) - Authority over marine species Department of Interior U.S. Fish and Wildlife Service (USFWS) - Authority over freshwater fish and all other species 19
ESA Section 7 ESA 7 procedural and substantive requirements Corps Biological Assessments NMFS and USFWS Biological Opinions. 20
Federal Permitting NMFS and USFWS Key Issues ESA 7 Scope of Analysis Mitigation Wake Stranding Monitoring as a Reasonable and Prudent Measures Streaked Horned Lark 101 Marine Mammal Protection Act and Incidental Harassment Authorization (IHA) New Noise Guidance (81 Fed. Reg. 51,694 (8/4/16)) 21
ESA Formal Consultation 22
USFWS ESA Vancouver Energy Informal Consultation April 2015 - Corps Biological Assessment with a may affect, not likely to adversely affect conclusion. March 2016 USFWS concurrent letter Kalama Formal Consultation April 2015 Corps Biological Assessment November 2016 USFWS BiOp 23
Wake Stranding 24
Wake Stranding 25
NMFS Kalama Biological Opinion Issued on October 10, 2017 No Jeopardy Opinion Includes Incidental Take Statement Total vessel counts/cumulative impacts Desire to resolve uncertainty 26
Kalama BiOp Wake Stranding Take from Vessels ITS - Vessels as surrogate (what does that mean?) RPMs clearly directed to applicant Monitoring Plan includes language for other to join study 27
NMFS Non-Wake Stranding Issues Leatherback Turtles Vessel Interactions 28
ESA Lessons Learned and Next Steps Vessel as Interrelated/Interdependent Actions Wake Stranding NMFS moving toward quantification Dealing with uncertainties Stranding appears related to beach location and vessel speed Possibility for measures to reduce wake stranding Possibility for habitat mitigation to address biological impact on species Strategies for expediting the Section 7 Consultation 29
For more information: Brent Carson 206-623-9372 brc@vnf.com Matthew Love 206-623-9372 mal@vnf.com