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Energy Gateway South Transmission Project 1-1 Plan of Development Section 1 – Introduction November 2016
SECTION 1 – INTRODUCTION
1.1 Introduction
The Bureau of Land Management (BLM), as lead federal agency, in accordance with Title 43 Code of Federal
Regulations (CFR) 2804.25(b), requires that a Plan of Development (POD) be prepared in support of the
Energy Gateway South Transmission Project (Project) that explains in detail how the Project will be
developed―through construction, operation, and maintenance. This POD has been developed by PacifiCorp
(Company), in collaboration with other participating federal land-management agencies.
The Company submitted an Application for Transportation and Utility Systems and Facilities on Federal
Lands (Standard Form 299) to the BLM for a right-of-way grant on land administered by the BLM and to the
U.S. Forest Service (USFS) for a special-use authorization for construction, operation, and maintenance of the
Project beginning near Medicine Bow, Carbon County, Wyoming, at the Aeolus Substation that will extend
south and west to the Clover Substation near Mona, Juab County, Utah. The original application was
submitted and received on November 28, 2007, and was revised by the Company on December 17, 2008 and
October 11, 2010, to reflect changes in the Project description, including reducing the geographic extent of
the Project; on January 15, 2013, to inform the BLM of the Company’s preferred route; and on April 8, 2015,
to reflect additional changes in the Project description and to inform the BLM of the Company’s preferred
route. In addition, the Project will cross the Uintah and Ouray Indian Reservation, held in trust for the Ute
Indian Tribe (Tribe) by the federal government through the Bureau of Indian Affairs (BIA). The BLM, USFS,
and BIA, in coordination with the Tribe, are considering the application in accordance with Title 43 CFR
2800, Rights-of-way under the Federal Land Policy and Management Act (FLPMA), and the Energy Policy
Act of 2005, and will decide whether to grant the right-of-way (BLM), issue a special-use authorization
(USFS), and issue an encroachment permit and grant of easement (BIA), and, if so, under what terms and
conditions. In doing so, the BLM also is coordinating the preparation of the POD to ensure compliance with
applicable environmental laws in association with other relevant projects.
The POD is a condition of the BLM, USFS, and BIA Records of Decision (ROD) and an enforceable
stipulation of the BLM right-of-way grant, USFS special-use authorization, BIA encroachment permit and
grant of easement, and potentially other permits.
This section, Section 1 – Introduction, provides a project overview, the purpose and need for the POD, the
organization of the POD, the relationship of the POD to other documents prepared for the Project, and other
relevant federal, state, and local permits and approvals.
[NOTE: Phased Approach to Developing the POD]
Because there will be an extended period of time between execution of the RODs and the completion of
Project design and engineering and commencement of construction, the POD is being developed in two
phases, which are referred to as the draft POD and final POD. These terms are being used to clearly define
two distinct levels of content expected at two distinct phases of Project development. This description of the
phased approach to developing the POD will be eliminated from the POD after the RODs have been
signed and as the POD is being developed further for construction.
Draft Plan of Development
The BLM is requiring a draft POD be completed containing sufficient information for the BLM and the other
federal land-management agencies to sign their respective RODs at the culmination of the National
Environmental Policy Act (NEPA) process. This draft of the POD is derived from data and information
(including the framework for mitigation) documented in the Final Environmental Impact Statement (EIS),
Energy Gateway South Transmission Project 1-2 Plan of Development Section 1 – Introduction November 2016
which is based on a description of a typical 500-kilovolt (kV) transmission line along the location of the right-
of-way centerline since the design and engineering of the Project is not available during preparation of the
EIS. Also, as an appendix, this draft of the POD contains a complete and agency-approved POD for
geotechnical investigation that will commence once the RODs are executed and the right-of-way is granted,
the special-use authorization is issued, and the encroachment permit and grant of easement are issued
(Appendix G – Geotechnical Investigation Plan of Development). The purpose of the geotechnical
investigation is to perform tests to collect hydrogeologic and geotechnical soil properties and geophysical data
to provide information for detailed transmission line, substations, and series compensation stations
engineering and design. The Geotechnical Investigation POD includes borehole locations and access roads to
be used for the investigation.
Final Plan of Development
The final POD will be refined from the draft POD and ultimately will be the POD used to direct construction
activities. Detailed mapping will depict Project facilities, including the transmission line, access roads, and
other ancillary facilities, and will identify and depict site-specific construction actions, including mitigation.
After the geotechnical investigation, the Company will develop the design and engineering of the Project. At
the same time, in response to requirements set forth in Section 7 of the Endangered Species Act (ESA),
Section 106 of the National Historic Preservation Act (NHPA), the Paleontological Resources Preservation
Act (PRPA), and Section 104 of the Clean Water Act (CWA), pedestrian field surveys will be conducted for
the following:
Special-status species of plants and wildlife
Cultural resources (100-percent pedestrian [Class III] survey of the area of potential effect)
Geological units identified as having Potential Fossil Yield Classification (PFYC) 5, PFYC 4, and
select areas of PFYC 3 (identified by BLM paleontologists)
Waters of the United States potentially affected by the Project
The environmental field surveys will be completed in accordance with agency-approved survey protocols as
identified in Appendix B1, Attachment A – Biological Resources Requirements, and Appendix D – Resource
Survey Protocols. Based on the data resulting from the surveys, the agencies and the Company will coordinate
to derive detailed recommendations to:
Avoid or mitigate effects on the environmental resources identified as sensitive to Project-related
disturbance
Address site-specific mitigation that is required by the agencies to meet the stipulations(s) of approval
Develop mitigation that meets the requirements from issuance of a Notice(s) to Proceed as described
in the BLM right-of-way grant, USFS special-use authorization, and BIA encroachment permit and
grant of easement
The results of this coordination will be incorporated into the POD, including Volume II – Map Sets 1 and 2.]
1.2 Purpose and Need of the Plan of Development
The purpose of the POD is to communicate the Company’s plan, which comprehensively identifies the
environmental requirements for construction, operation, and maintenance of the Project. The POD
incorporates the EIS-identified measures and other applicable stipulations for avoidance, minimization, and
mitigation of the environmental impacts resulting from the implementation of this Project. The EIS-identified
measures are in accordance with the BLM’s Draft – Regional Mitigation Manual, Section 1794, for the
sequence of mitigation action(s) of the mitigation hierarchy to avoid, minimize, rectify, reduce or eliminate
over time, and compensate.
Energy Gateway South Transmission Project 1-3 Plan of Development Section 1 – Introduction November 2016
This POD incorporates the various regulatory approvals, permits, and other authorizations that contain
environmental requirements, including those measures stipulated in resource management plans (RMP) for
the BLM, land and resource management plans for the USFS, and other land-use plans, as applicable.
The POD is intended to be used Project-wide as (1) a summary of Project environmental requirements and
protection measures and (2) a description of the processes and procedures that will be used to ensure
compliance (including the requirements of the U.S. Fish and Wildlife Service [FWS]; the BLM; the USFS;
and other federal, state, and/or local agencies), as appropriate.
On federal lands administered by the BLM, USFS, and BIA, in coordination with the Tribe, the POD is an
enforceable stipulation of the BLM right-of-way grant, USFS special-use authorization, and BIA
encroachment permit and grant of easement. As such, all mitigation measures and stipulations identified as
applicable in any of the POD volumes should be adhered to for the life of the BLM right-of-way grant, USFS
special-use authorization, and BIA encroachment permit and grant of easement.
The federal land-management agencies expect mitigation measures and other specific stipulations and
methods identified in the POD will be implemented over the entire length of the Project, regardless of
jurisdiction, while understanding the federal land-management agencies do not have the authority to enforce
mitigation measures on state and private land.
Additions and/or amendments to the POD are anticipated as a part of detailed engineering design of the
Project and preconstruction resource surveys. On completion of the POD and the issuing of Notices to
Proceed (NTP), construction would commence. If additions and/or amendments to the POD are identified
during construction, the variance process as outlined in Appendix A5 – Environmental Compliance
Management Plan of this POD would be implemented.
1.3 Project Overview
The Company proposes to construct, operate, and maintain a 500kV, overhead, single-circuit, alternating-
current transmission line beginning near Medicine Bow, Carbon County, Wyoming, at the Aeolus Substation,
planned as part of the Company’s Gateway West Transmission Project, and extending south and west to an
expansion of Clover Substation (constructed as part of the Company’s Gateway Central transmission project)
near Mona, Juab County, Utah, an approximate distance of 416 miles (Figure 1-1 – Project Study Area). The
Project includes two series compensation stations at points between the Aeolus and Clover substations to
improve transport capacity and efficiency of the Project. Equipment to accommodate the 500kV transmission
line would be installed at the Aeolus and Clover substations. The Project is designed to provide up to 1,500
megawatts (MW) of capacity to meet current and forecasted needs of the Company’s customers as identified
in the Company’s 2015 Integrated Resource Plan (PacifiCorp 2015a).
In addition to the construction, operation, and maintenance of the Project, the Company’s transmission system
requires additional work to accommodate the Project. This additional system work has been permitted as a
part of the Project and includes the following:
Relocation of approximately 2 miles of the existing Bears Ears to Bonanza 345kV transmission line
west of the Colorado-Utah border
Rebuilding of two existing 345kV transmission lines (Segments 1 and 2) between the Clover and
Mona Substations in the existing right-of-way to increase capacity as part of the Project
Re-routing of the existing Mona to Huntington 345kV transmission line (Segment 3) through the
Clover Substation
Construction of a 500kV substation yard expansion and installation of equipment at the Clover
Substation to transform (step down) the power from 500kV to 345kV to interconnect the Project with
the Company’s 345kV system
Energy Gateway South Transmission Project 1-4 Plan of Development Section 1 – Introduction November 2016
The three 345kV transmission line segments would total 6.6 miles of constructed transmission line.
The 414 mile-long Project will be located on federal lands for 226.6 miles. The remainder of the Project will
be located on privately owned, Indian reservation, and state lands. Table 1-1 describes miles of land
ownership/jurisdiction crossed by the Project.
TABLE 1-1
LAND OWNERSHIP/JURISDICTION – MILES CROSSED BY THE PROJECT
Land Ownership/Jurisdiction Miles Crossed
Bureau of Land Management 223.1
U.S. Forest Service 8.2
State 47.5
Indian Reservation 1.6
Private 135.2
Total: 415.6
1.4 Organization of the Plan of Development
The POD is organized into two volumes: Volume I – Plan of Development and Volume II – Map Sets.
Volume I contains Sections 1 through 5 and the appendices. Volume II includes engineering, mitigation, and
environmental mapping, which support information presented in Volume I. Following is an overview of the
information contained in these two volumes.
1.4.1 Volume I
Volume I of the POD is intended to provide the reader with a general overview (executive summary) of the
Project and key elements of the POD (Sections 1 through 5) and detailed information regarding the required
mitigation measures, protocols, and procedures for the construction, operation, and maintenance of the Project
(appendices). While Sections 1 through 5 provide general information, the appendices (along with the
mapping in Volume II) are more detailed and have been designed to serve as stand-alone documents that may
be readily updated and refined. Following is an outline summary of the information and materials presented in
Sections 1 through 5 and the appendices of the POD.
Energy Gateway South Transmission Project 1-5 Plan of Development Section 1 – Introduction November 2016
Figure 1-1 Project Study Area
THIS PAGE INTENTIONALLY LEFT BLANK
Energy Gateway South Transmission Project 1-7 Plan of Development Section 1 – Introduction November 2016
1.4.1.1 Sections 1 through 5
Sections 1 through 5 include the following information:
Section 1 – Introduction. Section 1 introduces the Project; discusses the purpose and
organization of the POD; explains the POD’s relationship to other documents; and lists required
authorizations, permits, and approvals required for construction.
Section 2 – Roles and Responsibilities. Section 2 introduces the roles and responsibilities of the
Project team.
Section 3 – Project Description. Section 3 describes the Project facilities (structures,
foundations, conductors, access roads, series compensation stations, etc.), land requirements,
construction disturbance, and rights-of-way.
Section 4 – Environmental Setting, Issues, and Mitigation Measures. Section 4 includes a
brief overview and introduction of the key environmental concerns associated with the
construction of the Project and relevant design features and selective mitigation measures to be
applied to avoid or minimize potential effects. Table 4-3 – Selective Mitigation Measures by Link
and Milepost specifically identifies milepost locations where selective mitigation measures are to
be applied with the intent of reducing impacts to specific resources described in the EIS.
Section 5 – Literature Cited. Section 5 provides the references and literature cited in preparing
the POD.
1.4.1.2 Appendices
The appendices are organized into seven separate appendixes (A through G) as presented below.
Appendix A: Construction Considerations. Appendix A provides detailed information about
the specifics of construction, including the following:
A1 – Flagging, Fencing, and Signage Plan
A2 – Traffic and Transportation Management Plan
A3 – Project Construction
A4 – Environmental and Safety Training Plan
A5 – Environmental Compliance Management Plan (ECMP)
A6 – Operation and Maintenance
Appendix B: Environmental Protection Plans. Appendix B provides environmental protection
plans that are to be implemented during construction and operation and maintenance of the
Project. [NOTE: Appendix B1 – Biological Resources Conservation Plan and Appendix B3 –
Water Resources Protection Plan support the draft POD sufficiently to complete and execute the
BLM, USFS, and BIA RODs for the Project. These plans will be updated and refined by the
agencies, the Company, and Construction Contractor(s) through the development of the POD as
detailed design and engineering of the Project and preconstruction resource surveys are
completed to meet any stipulations of the RODs, BLM right-of-way grant, USFS special-use
authorization, and BIA encroachment permit and grant of easement before the issuance of the
NTPs and commencement of construction. The Company/Construction Contractor(s) will be
responsible for preparing and implementing the POD]. Appendix B includes the following:
B1 – Biological Resources Conservation Plan
Attachment A – Biological Resources Survey Requirements
Energy Gateway South Transmission Project 1-8 Plan of Development Section 1 – Introduction November 2016
Attachment B – Biological Resources Monitoring Plan
Attachment C –Wildlife Variance Management Plan
Attachment D – Migratory Bird Nest Management Plan
Attachment E – Clay Phacelia and Deseret Milkvetch Suitable Habitat Parameters
Attachment F – Uinta Hookless Cactus Survey Protocol
Attachment G – Seasonal and Spatial Restrictions for Biological Resources
B2 – Noxious Weed Management Plan
B3 – Water Resources Protection Plan
B4 – Vegetation Management Plan
B5 – Historic Properties Treatment Plan (HPTP)
B6 – Paleontological Resources Treatment Plan (PRTP)
B7 – Erosion, Dust Control, and Air Quality Plan
B8 – Fire Protection Plan
Appendix C: Environmental Protection Plan Frameworks. Appendix C provides plan
frameworks that support the draft POD sufficiently to complete and execute the BLM, USFS, and
BIA RODs, BLM right-of-way grant, USFS special-use authorization, and BIA encroachment
permit and grant of easement for the Project. The plan frameworks serve as baseline documents to
guide development of the complete specific plans developed with the POD before issuance of the
NTPs and commencement of construction. The complete specific plans will be developed by the
Company/Construction Contractor(s) in consultation with the agencies as detailed engineering
design of the Project is completed and will contain the detailed information necessary for site-
specific guidance. The plan frameworks provide Project-specific guidance for development of the
complete specific plans by identifying treatments and measures required to avoid, minimize, and
mitigate Project-related impacts; prevent unnecessary degradation of the environment; ensure
construction activities comply with federal, state, or other agency requirements; and meet any
stipulations of the RODs, BLM right-of-way grant, USFS special-use authorization, and BIA
encroachment permit and grant of easement. The Company/ Construction Contractor(s) will be
responsible for preparing and implementing the POD. Appendix C includes the following:
C1 – Reclamation, Revegetation, and Monitoring Plan Framework
C2 – Stormwater Pollution Prevention Plan (SWPPP) Framework
C3 – Spill Prevention, Containment, and Countermeasures (SPCC) Plan Framework
C4 – Hazardous Materials Management Plan Framework
C5 – Emergency Preparedness and Response Plan Framework
C6 – Blasting Plan Framework
C7 – Water Use Plan Framework
Appendix D: Resource Survey Protocols. Appendix D includes the survey protocols for cultural
and paleontological resources (biological resources survey protocol is included in Appendix B1 –
Biological Resources Conservation Plan).
Appendix E: Land Description of the Project Across Federal Land. Appendix E provides a
legal description of the Project facilities across federal land.
Appendix F: Company Transmission Construction Standards. Appendix F includes the
Company’s transmission line construction standards.
Appendix G: Geotechnical Investigation Plan of Development. Appendix G includes the POD
prepared for the geotechnical investigations.
Energy Gateway South Transmission Project 1-9 Plan of Development Section 1 – Introduction November 2016
1.4.2 Volume II: Map Sets
1.4.2.1 Map Set 1 – Project and Environmental Features (1 inch = 2,000 feet [1:24,000])
[Note: Map Set 1 has been developed for the draft POD to satisfy requirements under NEPA and to
support the geotechnical investigations. This map set is the template for maps developed for the final
POD to be used for construction.]
Map Set 1 includes panel maps (scale of 1 inch = 2,000 feet [1:24,000 ]) that illustrate the Project
centerline, Project access, and proposed access for use during the geotechnical investigations,
geotechnical borehole locations (Refer to Appendix G – Geotechnical Investigation POD), and wildlife
features and seasonal restrictions as identified through the development of the EIS. The map sets have
been organized by state as follows:
Map Set 1A – Wyoming
Map Set 1B – Colorado
Map Set 1C – Utah
Results of resource surveys, agency coordination, and detailed engineering will further inform this map
set. The results of those efforts will be included in this map set prior to the commencement of
construction as part of the ongoing development of the POD.
1.4.2.2 Map Set 2 – Key Mitigation and Reclamation Practices (1 inch = 400 feet [1:4,800])
[Note: Map Set 2 has been developed for the draft POD to satisfy requirements under NEPA and to
support the geotechnical investigations. This map set is the template for maps developed for the final
POD to be used for construction.]
Map Set 2 includes a pair of panel maps (aerial photographic maps, scale of 1:4,800 [1 inch = 400 feet]).
Both panels display the Project centerline, Project access, and proposed access for use during the
geotechnical investigations, and geotechnical borehole locations (refer to Appendix G – Geotechnical
Investigation POD). The first panel of the pair of maps delineates key environmental features. The second
panel of the pair of maps delineates where mitigation and conservation measures are to be applied. The
environmental features panels include wildlife features and seasonal restrictions, botanical features, and
other environmentally sensitive areas. The mitigation panels include the selective mitigation as identified
in the EIS, references to applicable species-specific conservation measures, and reclamation zones (refer
to Appendix C1 – Reclamation, Revegetation, and Monitoring Plan Framework) as identified through
development of the EIS and POD. The sets have been organized by state as follows:
Map Set 2A – Wyoming
Map Set 2B – Colorado
Map Set 2C – Utah
Results of resource surveys, agency coordination, and detailed engineering will further inform this map
set. The results of those efforts will be included in this map set prior to the commencement of
construction as part of the ongoing development of the POD.
1.5 Relationship with Other Environmental Documents
This POD includes measures for avoidance, minimization, and mitigation of environmental impacts
resulting from the implementation of this Project as identified in the EIS and approved in the BLM,
Energy Gateway South Transmission Project 1-10 Plan of Development Section 1 – Introduction November 2016
USFS, and BIA RODs. This POD incorporates the various regulatory approvals, permits, and other
authorizations that contain environmental requirements, including those measures stipulated in RMPs for
eight BLM field offices (Rawlins, Little Snake, White River, Vernal, Price, Salt Lake, Richfield, and
Fillmore) and two national forests (Uinta and Manti-La Sal). The current land-use plans (and plan
amendments) are as follows:
Record of Decision and Approved Rawlins Resource Management Plan (BLM 2008a) – Rawlins
Field Office
Little Snake Record of Decision and Approved Resource Management Plan (BLM 2011) – Little
Snake Field Office
White River Field Office Record of Decision and Approved Resource Management Plan (BLM
1997) (1997, as amended) – White River Field Office
Price Field Office Record of Decision and Approved Resource Management Plan (BLM 2008b) –
Price Field Office
Richfield District House Range Resource Management Plan and Record of Decision Rangeland
Program Summary (BLM 1987b) – Fillmore Field Office
Richfield Field Office, Record of Decision and Approved Resource Management Plan (BLM
2008c) – Richfield Field Office
Salt Lake District, Record of Decision for the Pony Express Resource Management Plan and
Rangeland Program Summary for Utah County (BLM 1990) (1990, as amended) – Salt Lake City
Field Office
Vernal Field Office Record of Decision and Approved Resource Management Plan (BLM 2008d)
– Vernal Field Office
Uinta National Forest Land and Resource Management Plan (USFS 2003) (2003, as amended) –
Uinta-Wasatch-Cache National Forest
Manti-La Sal National Forest Land and Resource Management Plan (USFS 1986) – Manti-La Sal
National Forest
Northwest Colorado Greater Sage-grouse Approved Land Use Plan Amendment (BLM and USFS
2015)
Wyoming Greater Sage-grouse Approved Land Use Plan Amendment (BLM and USFS 2015)
Utah Greater Sage-grouse Approved Land Use Plan Amendment (BLM and USFS 2015)
1.6 Federal, State, and Local Permits
Table 1-2 presents a list of the major federal, state, and local permits and approvals that could be required
for the duration of the Project. Other Construction Contractor(s)-related permits will be addressed prior to
construction by the Company/Construction Contractor(s).
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Federal
Locating Facilities on Land under Federal Management
Grant of right-of-way
across American Indian
reservation
Bureau of Indian Affairs
(BIA) in coordination
with Ute Indian Tribe of
the Uintah and Ouray
Indian Reservation
Encroachment permit
and grant of easement
25 Code of Federal
Regulations (CFR) 169
Energy Gateway South Transmission Project 1-11 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Preconstruction surveys;
construction, operation,
maintenance
Bureau of Land
Management (BLM)
Right-of-way grant and
temporary-use permit
(an approved Plan of
Development would be
a condition of approval
to granting the right-of-
way)
Federal Land Policy and
Management Act (FLPMA)
of 1976 (Public Law [P.L.]
94-579+); 43 United States
Code (U.S.C.) 1761 et seq.;
43 CFR 2800
Preconstruction surveys;
construction, operation,
maintenance
U.S. Forest Service
(USFS)
Special-use
authorization (an
approved Plan of
Development would be
a condition of approval
to granting the special-
use authorization)
FLPMA, as amended
Conversion of use for a
use other than recreation
on lands reserved with
Land and Water
Conservation Fund Act
monies
National Park Service
Review of transmission
line corridor to identify
conflicts with
recreational area
Land and Water
Conservation Fund Act
(P.L. 88-578, Section
6(f)(3))
Construction, operation,
and maintenance of
transmission line across
or in highway rights-of-
way
Federal Highway
Administration
Permits to cross Federal
Aid Highway
Department of
Transportation Act (23 CFR
1.23 and 1.27; 23 U.S.C.
109 and 315); 23 CFR 645;
23 CFR 771
Vehicle Use on National Park Service
Temporary use of
Deerlodge Road to gain
access to the Project area
during construction
National Park Service Special Use Permit
16 U.S.C. 1 and 3 (NPS
Organic Act) and 36 CFR
5.6 and 36 CFR 5.3
Biological Resources
Protection of migratory
birds
U.S. Fish and Wildlife
Service (FWS) Compliance
Migratory Bird Treaty Act
(16 U.S.C. 703 et seq.); 50
CFR 1; individual agency
guidance; Memoranda of
Understanding between
federal land-management
agencies and FWS
Protection of bald and
golden eagles FWS
Compliance (may
require permit for take
of eagles)
Bald and Golden Eagle
Protection Act of 1972 (16
U.S.C. 668), including the
Final Eagle Permit Rule, or
implementing regulations of
September 11, 2009 (50
CFR 13; 50 CFR 22)
Energy Gateway South Transmission Project 1-12 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Protection of special-
status species BLM and USFS Compliance
BLM Policy Manual 6840;
Forest Service Manual
2670; individual agency
guidance
Protection of fish,
wildlife, and aquatic
resources
BLM and USFS Compliance
BLM Policy Manuals 6500
and 6720; Forest Service
Manuals 2600 and 2900
Ground Disturbance and Water Quality Degradation
Construction sites with
greater than 1 acre of land
disturbed
Environmental Protection
Agency (EPA) (Wyoming
Department of
Environmental Quality
[WDEQ], Colorado Water
Quality Control
Commission, and Utah
Department of
Environmental Quality
[UDEQ])
Section 402 National
Pollutant Discharge
Elimination System
General Permit for
Storm Water
Discharges from
Construction Activities
(In Utah, Utah Pollutant
Discharge Elimination
System)
Clean Water Act of 1972
(CWA) (33 U.S.C. 1342)
Construction across water
resources
U.S. Army Corps of
Engineers (USACE) General easement 10 U.S.C. 2668 et seq.
Crossing 100-year
floodplain, streams, and
rivers
USACE Floodplain use permits 40 U.S.C. 961
Construction in, or
modification of,
floodplains
Federal lead agency Compliance 42 U.S.C. 4321; Executive
Order 11988 Floodplains
Construction in, or
modification of, wetlands Federal lead agency Compliance
42 U.S.C. 4321; Executive
Order 11990 Wetlands
Potential discharge into
waters of the state
(including wetlands and
washes)
EPA (In Utah,
Administered by UDEQ) Section 401 permit CWA (33 U.S.C. 1344)
Discharge of dredge or fill
material into waters of the
United States, including
wetlands
USACE (In Utah, Utah
Division of Water Rights
administers GP-40)
USACE 404 Permit
(individual or coverage
under nationwide
permit)
CWA (33 U.S.C. 1344);
Utah Code Title 73-3-29
Placement of structures
and construction work in
navigable waters of the
United States
USACE Section 10 permit Rivers and Harbors Act of
1899 (33 U.S.C. 403)
Protection of all rivers
included in the National
Wild and Scenic Rivers
Systems
Affected land-
management agencies
Review by permitting
agencies
Wild and Scenic Rivers Act
of 1968 (P.L. 90-542); 16
U.S.C. 1271 et seq.
Potential pollutant
discharge during
construction, operation,
and maintenance
EPA
Spill Prevention
Control and
Countermeasure Plan
for substations
Oil Pollution Act of 1990
(40 CFR 112)
Energy Gateway South Transmission Project 1-13 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Cultural Resources
Disturbance of historic
properties
Federal lead agency, State
Historic Preservation
Office (SHPO), Advisory
Council on Historic
Preservation
Section 106
consultation
National Historic
Preservation Act of 1966
(54 U.S.C. 306108; 36 CFR
800)
Potential conflicts with
freedom to practice
traditional American
Indian religions
Federal lead agency,
federal land-management
agency
Consultation with
affected American
Indians
American Indian Religious
Freedom Act of 1978 (42
U.S.C. 1996); Religious
Freedom Restoration Act of
1993 (P.L. 101-141)
Disturbance of graves,
associated funerary
objects, sacred objects,
and items of cultural
patrimony
Federal land-management
agency
Consultation with
affected Native
American groups
regarding treatment of
remains and objects
Native American Graves
Protection and Repatriation
Act of 1990 (25 U.S.C.
3001-3002); Utah Protection
of Human Remains (Utah
Code Annotated [UCA]76-
9-704); Utah Ancient
human remains on
nonfederal lands that are not
state lands (UCA 9-8-309);
Colorado Unmarked Human
Graves (Colorado Revised
Statutes [C.R.S.]) 24-80-
1301 to 1305); Wyoming
Antiquities Act of 1935
(Wyoming Statutes [WS]
35-1-114 to 116)
Investigation of cultural
resources
Affected land-
management agency
State and federal
permits for study of
historical and
archaeological
resources
FLPMA of 1976; Utah
Administrative Code, Title
R694; UTA Sec. 9-8-305
and 9-8-404; Colorado
Historical, Prehistorical, and
Archaeological Resources
Act of 1973 (C.R.S. 24-80-
401 to 410).
Excavation of
archaeological resources
Affected land-
management agency
Permits to excavate and
remove archaeological
resources; American
Indian tribes with
interests in resources
must be consulted prior
to issuance of permits
Archaeological Resources
Protection Act (ARPA) of
1979 (16 U.S.C. 470aa to
470ee); Utah Administrative
Code, Title R694; UCA Sec.
9-8-305 and 9-8-404;
Colorado Historical,
Prehistorical, and
Archaeological Resources
Act of 1973 (C.R.S. 24-80-
401 to 410).
Energy Gateway South Transmission Project 1-14 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Protection of segments,
sites, and features related
to national trails
Affected land-
management agency
National Trails System
Act compliance
National Trails System Act
of 1968 (P.L. 90-543); 16
U.S.C. 1241 et seq.
Paleontological Resources
Ground disturbance on
federal land or federal aid
project
NEPA, BLM, and USFS
Compliance with BLM
and USFS mitigation
and planning standards
for paleontological
resources of public
lands
40 CFR 1500-1508;
FLPMA (43 U.S.C. 1701 et
seq.); 36 CFR 291; BLM
Handbook H-8270; BLM
Manual 8270
Collection of
paleontological resources
from federal land
BLM and USFS
Permit to collect
paleontological
resources from federal
land
Paleontological Resources
Preservation Act of 2009
(16 U.S.C. 470aaa.);
FLPMA of 1976; BLM
Handbooks H-8270 and
8270-1
Use of Pesticides
Use of pesticides or
herbicides on federal
lands
Federal land-management
agencies
Incorporate into right-
of-way grant and
temporary-use permit
(BLM) and special-use
authorization (USFS)
Carlson-Foley Act of 1968
(43 U.S.C. 1241); Federal
Noxious Weed Act of 1974
(P.L. 93-629) (76 U.S.C.
2801 et seq.), BLM Manual
9015, Forest Service
Manual 2150
Transportation
Use of National Forest
System Roads USFS Road use permit
Sections 4 and 6, National
Forest Roads and Trail Act
of 1964; 16 U.S.C. 535 and
537
Air Traffic
Location of towers and
spans in relation to airport
facilities and airspace
Federal Aviation
Administration (FAA)
File Notice of Proposed
Construction or
Alteration; FAA to
determine if structure is
No-Hazard
FAA Act of 1958 (P.L. 85-
726); 14 CFR 77
Rate Regulation
Rates for resale and
transmission services
Federal Energy
Regulatory Commission
Federal Power Act
compliance by power
seller
Federal Power Act of 1935
(16 U.S.C. 792)
Tribal
Conduct Business
Conducting business on
the Uintah and Ouray
Indian Reservation
Ute Indian Tribe of the
Uintah and Ouray Indian
Reservation
Business license
Requirement of the Ute
Tribal Employment Rights
Office and Ute Business
Council
Energy Gateway South Transmission Project 1-15 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Locating Facilities on Land of Indian Reservations
Crossing roads or
irrigation facilities on
Indian reservation land
BIA Encroachment permit
To be determined upon
receipt of the BIA leasing
and permitting handbook
State of Wyoming
Utility Siting
Primary permitting
authority for transmission
line siting, county level
necessary
Wyoming Public Service
Commission (PSC)
Certificate of Public
Convenience and
Need
Wyo. Stat. § 37-2-202
Wyo. Stat. § 37-2-205
Construction of an
industrial facility
Industrial Siting Division,
WDEQ
Wyoming Industrial
Siting Act Permit
Application
Wyo. Stat. § 3-12-106;
Wyo. Stat. § 3-12-109
Ground Disturbance and Water Quality Degradation
Construction sites with
greater than one acre of
land disturbed
Water Quality Division,
WDEQ
Section 401 Water
Quality Certification,
Wyoming Pollution
Discharge Elimination,
Large Construction
General Permit, and
Stormwater Pollution
Prevention
Air Quality
Construction Air Quality Division,
WDEQ
Consultation with
WDEQ for compliance
with Construction
General Emission
Standards
Water
Water use for
construction Wyoming State Engineer
Supervision of waters
of the state
Article 8 Section 5 of
Wyoming Constitution
Lands
Extraction of aggregate Land Quality Division,
WDEQ
Permits for mining and
extraction of aggregate Wyo. Stat. § 35-11-401(a)
Safety
Use of electrical features
Fire Marshal, Wyoming
Department of Fire
Prevention and Electrical
Safety
Jurisdiction over
electrical features when
facility not regulated by
Wyoming PSC
Wyo. Stat. § 35-9-120 and
Section 90-2 of
International Electrical
Code
State Lands
Crossing easement Wyoming Office of State
Lands and Investments
Non-roadway easement
and temporary-use
permit for crossing
state-administered land
Utility
Crossing easements Wyoming Department of
Transportation
Utility permit, Self-
issue oversize permit
Energy Gateway South Transmission Project 1-16 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Sage-grouse
Requires that all agencies
demonstrate that activity
proposed for permitting
be compliant with the
requirements of the
Executive Order in sage-
grouse core areas
All state agencies Compliance with
Executive Order 2015-4
State of Wyoming
Executive Order 2015-4
Biological Resources
Habitat modification Wyoming Game and Fish
Department
Consultation to identify
special-status species
and special-use permit
for crossing wildlife
habitat management
area
Noxious Weeds
Construction and
operation activities
Wyoming Department of
Agriculture Weed and
Pest Control (WWPC)
Compliance WWPC (Title 11, Chapter 5,
Article 1) Act of 1973
Paleontological Resources
Collection of
paleontological resources
from state land
Wyoming Office of State
Land and Investments
Permit to collect
paleontological
resources from state
lands
Wyoming State Code §36-
1-114
State of Colorado
Utility Siting
Primary permitting
authority for transmission
line siting; county level
necessary
Colorado Public Utilities
Commission
Certificate of Public
Convenience and
Necessity
C.R.S. 40-5-101-106; 4
Code of Colorado
Regulations (CCR) 723-3
Right-of-way Encroachment
Encroachment into state
roadway right-of-way
Colorado Department of
Transportation
Utility/Special-use
Permit C.R.S. 9-1.5-103
Ground Disturbance and Water Quality Degradation
Construction sites with
greater than 1 acre of land
disturbed
Water Quality Control
Division, Colorado
Department of Public
Health and Environment
Stormwater permit 5 CCR 1002-61
Air Quality
Concrete batch plants,
land development
exceeding 25 acres or
exceeding 6 months
duration
Air Pollution Control
Division, Colorado
Department of Public
Health and Environment
Potential
preconstruction
permit(s)
5 CCR 1001-7; Regulation
No. 3, Part B
Energy Gateway South Transmission Project 1-17 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Cultural and Archaeological Resources
Disturbance of cultural or
archaeological resources
Office of the State
Archaeologist, Colorado
Office of Archaeology
and Historic Preservation
Potential permit C.R.S. 24-80-401-410
Cultural and Paleontological Resources
Excavation of unmarked
human remains in a
discovery situation
Office of Archaeology
and Historic Preservation
(SHPO)
Permits to excavate C.R.S. 24-80-1301 et seq.
Biological Resources
Habitat modification in
wetland or riparian areas
Colorado Division of
Wildlife Wildlife certification
C.R.S. 33-5 through 101-
105
Noxious Weeds
Construction and
operation activities
Colorado Department of
Agriculture Compliance
C.R.S. 35-5.5-104.5 through
35-5.5-118
State of Utah
Noxious Weeds
Construction and
operation activities
Utah Department of
Agriculture and Food Compliance
Utah Administrative Code
(UAC) Title R68-9
Permitting Process
Proposed transmission
line facility
Utah Resource
Development
Coordinating Committee
Expedites review of
permitting process for
all state agencies
UAC Title 63J-4-501 and
63J-4-504
Locating Facilities on State Land
Encroachment on,
through, or over state land
Utah Division of Forestry,
Fire and State Lands
(FFSL), Utah School and
Institutional Trust Lands
Administration (SITLA),
and Utah Division of
Wildlife Resources
(UDWR)
Application approval;
easement on state land
(bond may be required)
Utah Code Title 65A-7-8
and UAC Title R652 for
FFSL; Utah Code Title 53C
and UAC Title R850 for
SITLA; and Utah Code Title
23 and UAC Title R657 for
UDWR
Project Need
Project construction Utah PSC
Certificate of Public
Convenience and
Necessity; approve
construction contracts
Utah Code Title 54-4-25
and UAC Title R746-401
Cultural Resources
Disturbance of historic
properties
SHPO, Utah Division of
State History
SHPO will comment on
state-funded
undertakings
Utah Code Title 9-8-404
and UAC Title R455
Energy Gateway South Transmission Project 1-18 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Discovery of graves,
associated funerary
objects, sacred objects,
and items of cultural
patrimony on nonfederal-,
nonstate-administered
land
Antiquities, Utah Division
of State History
Consultation with state
agency regarding
treatment of human
remains and funerary
objects
Utah Code Title 76-9-704
and 9-9-403 to 9-9-405;
UAC Title R203-1 and
R455-4
Survey or excavation of
archaeological resources
on lands owned or
controlled by the state
Utah Governor's Public
Lands Policy
Coordinating Office
Permit to survey or
excavate
Utah Code Title 9-8-305;
UAC Title R694-1; and
Utah Rule R212-4
Paleontological Resources
Excavation and collection
of paleontological
resources from state lands
Utah Geological Survey,
Utah Museum of Natural
History, SITLA
Permit to excavate and
collect paleontological
resources from state
land
Utah Code Title 79-3-501
and 79-3-502; Utah Code
Title 63-73-11 through 63-
73-19
Historical and Cultural Review
Impact on historical sites Utah Division of State
History
Notification of planning
stage and before
construction
Utah Code Title 9-8-404
Archaeological Resources
Survey or excavation of
archaeological resources
on lands owned or
controlled by the state
Utah Governor’s Public
Lands Policy
Coordination Office
Permit to survey or
excavate
Utah Code Title 9-8-305;
UAC Title R694-1
Air Quality
Construction and
operation Utah Air Quality Board Notice of Construction
Utah Code Title 19-2-108
and UAC Title R317
Ground Disturbance and Water Quality Degradation
Construction and
operation Utah Water Quality Board Discharge permit, spills
UAC Section 19-5-101 et.
seq.
Potential discharge into
waters of the state
(including wetlands and
washes)
UDEQ Section 401 permit UAC Title R-317
Wildlife
Modification of habitat UDWR
Easement for use of
state wildlife resource
lands
Utah Code Title 23 and
UAC Title R657
Local
Wyoming Land Use
Construction and
operation of transmission
lines
Carbon County Conditional Use Permit
Carbon County Zoning
Resolution of 2015, Section
5.4, Conditional Use
Permits, and Section 6.4,
Building Permits, Site Plan
Approval
Energy Gateway South Transmission Project 1-19 Plan of Development Section 1 – Introduction November 2016
TABLE 1-2
SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR
LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR
PROJECT CONSTRUCTION AND OPERATION
Action Requiring
Permit, Approval, or
Review Agency
Permit, License,
Compliance, or
Review
Relevant Laws and
Regulations
Construction and
operation of transmission
lines
Sweetwater County
Conditional use;
construction permits;
other permits and
authorizations
Sweetwater County
Development Codes and
International Fire Code
Colorado Land Use
Construction and
operation of transmission
lines
Moffat County Conditional Use Permit
Moffat County Zoning
Resolution – Sections 410.3,
465.3, 420.3, 425.3, 415.3
Rio Blanco County Special-use Permit
License
Rio Blanco County Land
Use Resolution 2002 –
Section 186
Utah Land Use
Construction and
operation of transmission
lines
Carbon County
Conditional Use
Permit;
Building Permit(s)
Development Code of
Carbon County, Utah –
Sections 4.2.10C, 4.2.11C,
4.2.21C, 4.2.13C, 4.2.14C,
4.2.15C, 4.2.17C, 4.2.1C,
4.2.3C, 4.2.2C, 4.2.16C
County Zoning Resolution –
Section 6.3
Duchesne County Permitted Use
Duchesne County Zoning
Ordinance 2005 – Section
17.12.030 Table of Uses
Juab County Permitted Use
Juab County Zoning
Ordinance 2014 – Section
12-1-702 Use Regulation
Nephi City Conditional Use Permit Nephi City Code Title 10,
Chapter 2
Sanpete County Conditional Use Permit
Sanpete County Land Use
Ordinance 2013 – Chapter
14.28, 14.48, 14.30, 14.40,
14.44
Uintah County Conditional Use Permit
Uintah County Code of
Ordinances 2011 – Chapter
17.28.030, 17.0
Utah County Conditional Use Permit
Utah County Land Use
Ordinance 2010 – Section 5-
5, 5-6, 5-9
Wasatch County Conditional Use Permit
Wasatch County Land Use
and Development Code
2012 – Section 16.05.03,
16.11.02
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