PORTLAND DISTRICT

Our regulatory authority over the proposed Jordan Cove LNG project is found in Section 404 of the Clean Water Act and in Section 10 of the Rivers and Harbors Act of 1899.

• Section 404 of the Clean Water Act requires Department of the Army authorization to discharge dredged or fill material into waters of the United States (waterways or wetlands).
• Section 10 of the Rivers and Harbors Act requires Department of the Army authorization for the construction of any structure in, over or under a navigable water of the U.S., including excavation or dredging which would affect the course, location, condition or capacity of such waters.

The Corps must comply with other applicable laws and regulations when reviewing project proposals, including, but not limited to:

• National Environmental Policy Act
• Marine Protection, Research and Sanctuaries Act
• Endangered Species Act
• National Historic Preservation Act
• Coastal Zone Management Act
• Wild and Scenic Rivers Act
• Oregon Department of Environmental Quality’s 401 Water Quality Program

• FERC, working with the Cooperating Agencies, issued a final Environmental Impact Statement Sep. 29, 2015.  The FERC docket number for JCLNG is CP13-483; the FERC docket number for PCGP is CP13-492.  Information on the FERC regulatory process including supplemental JCLNG or PCGP project information can be found at www.ferc.gov/docs-filing/elibrary.asp.
• FERC, working with the Cooperating Agencies, issued a draft Environmental Impact Statement Nov. 7, 2014.  FERC will follow its own, agency-specific NEPA requirements for timing, process and compliance. The FERC docket number for JCLNG is CP13-483; the FERC docket number for PCGP is CP13-492.  Information on the FERC regulatory process including supplemental JCLNG or PCGP project information can be found at www.ferc.gov/docs-filing/elibrary.asp. 
• The Corps issued a public notice for comment Nov. 14, 2014. The notice included public notices for DEQ and the Oregon Department of Land Conservation and Development.

How to provide effective public comment

Public comments are important to the Corps Regulatory review process.  Comments specific to the Corps Regulatory review for this project will be used to identify alternatives, reduce aquatic resource and species impacts and protect the public interest.

• To comment on the proposed action please follow the instructions found in the public notice.
• To comment on the FERC environmental document for the Jordan Cove LNG project please go to www.ferc.gov/docs-filing/elibrary.asp.

We have completed an initial evaluation of the proposed JCLNG and have determined the Corps’ federal control and responsibility over the project includes:

• Construction of a marine slip and access channel
• Construction of LNG facilities and related infrastructure within waters of the United States and upland areas in the Coos Bay area
• In-water and upland activities required to construct the pipeline, including staging, stockpiling and access routes, from its origin in the Coos Bay area to its endpoint in Malin, Oregon.

• FERC, as lead federal agency under NEPA, is taking the lead for complying with the Endangered Species Act and Section 106 of the National Historic Preservation Act.  FERC has prepared a final EIS which will the Corps will consider in our review and analysis, along with environmental studies, including those based on the technical expertise of other agencies; information provided by the public; and relevant law and policy. Details about the NEPA process are available in the Council on Environmental Quality’s “A Citizen’s Guide to the NEPA” at http://ceq.hss.doe.gov/nepa/Citizens_Guide_Dec07.pdf.
• We will consider and evaluate the direct, indirect, and cumulative effects of the proposed action on species, habitat, water quality and cultural resources as well as review and analyze the relevant public interest factors affected by the proposal.

FERC, as lead federal agency, will consult with:

National Marine Fisheries Service and the U.S. Fish and Wildlife Service to determine the project’s potential impacts to species listed under the Endangered Species Act.

The Oregon State Historic Preservation Office, appropriate federally-acknowledged Native American tribes and, if applicable, the Advisory Council on Historic Preservation. 

Corps tribal trust responsibility:

We have a trust responsibility to protect certain interests of federally recognized Indian tribes, and will engage in independent, timely and meaningful consultation throughout our evaluation process with tribes that may be affected by the proposed action.  The Corps will consult with tribal governments to identify significant tribal aspects, properties or places which may be affected by the proposal.  The Corps will honor this Trust throughout our permit application evaluation process.

The Corps’ decision will be based on a thorough evaluation of the most current, accurate and relevant information regarding the direct, indirect, and cumulative impacts to aquatic resources and the public interest.   

It is important to note that this project may require additional certifications and permits from other agencies, like the Oregon Department of Environmental Quality, Oregon Department of Land Conservation and Development and the Oregon Department of State Lands.