[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR380.15]
[Page 915-919]
TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
PART 380_REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY
ACT--Table of Contents
Sec. 380.15 Siting and maintenance requirements.
(a) Avoidance or minimization of effects. The siting, construction,
and maintenance of facilities shall be undertaken in a way that avoids
or minimizes effects on scenic, historic, wildlife, and recreational
values.
(b) Landowner consideration. The desires of landowners should be
taken into account in the planning, locating, clearing, and maintenance
of rights-of-way and the construction of facilities on their property,
so long as the result is consistent with applicable requirements of law,
including laws relating to land-use and any requirements imposed by the
Commission.
(c) Safety regulations. The requirements of this paragraph do not
affect a project sponsor's obligation to comply with safety regulations
of the U.S. Department of Transportation and recognized safe engineering
practices.
(d) Pipeline construction. (1) The use, widening, or extension of
existing rights-of-way must be considered in locating proposed
facilities.
(2) In locating proposed facilities, the project sponsor shall, to
the extent practicable, avoid places listed on, or eligible for listing
on, the National Register of Historic Places; natural landmarks listed
on the National Register of Natural Landmarks; officially designated
parks; wetlands; and scenic, recreational, and wildlife lands. If
rights-of-way must be routed near or through such places, attempts
should be made to minimize visibility from areas of public view and to
preserve the character and existing environment of the area.
(3) Rights-of-way should avoid forested areas and steep slopes where
practical.
(4) Rights-of-way clearing should be kept to the minimum width
necessary.
(5) In selecting a method to clear rights-of-way, soil stability and
protection of natural vegetation and adjacent resources should be taken
into account.
[[Page 916]]
(6) Trees and vegetation cleared from rights-of-way in areas of
public view should be disposed of without undue delay.
(7) Remaining trees and shrubs should not be unnecessarily damaged.
(8) Long foreground views of cleared rights-of-way through wooded
areas that are visible from areas of public view should be avoided.
(9) Where practical, rights-of-way should avoid crossing hills and
other high points at their crests where the crossing is in a forested
area and the resulting notch is clearly visible in the foreground from
areas of public view.
(10) Screen plantings should be employed where rights-of-way enter
forested areas from a clearing and where the clearing is plainly visible
in the foreground from areas of public view.
(11) Temporary roads should be designed for proper drainage and
built to minimize soil erosion. Upon abandonment, the road area should
be restored and stabilized without undue delay.
(e) Right-of-way maintenance. (1) Vegetation covers established on a
right-of-way should be properly maintained.
(2) Access and service roads should be maintained with proper cover,
water bars, and the proper slope to minimize soil erosion. They should
be jointly used with other utilities and land-management agencies where
practical.
(3) Chemical control of vegetation should not be used unless
authorized by the landowner or land-managing agency. When chemicals are
used for control of vegetation, they should be approved by EPA for such
use and used in conformance with all applicable regulations.
(f) Construction of aboveground facilities. (1) Unobtrusive sites
should be selected for the location of aboveground facilities.
(2) Aboveground facilities should cover the minimum area
practicable.
(3) Noise potential should be considered in locating compressor
stations, or other aboveground facilities.
(4) The exterior of aboveground facilities should be harmonious with
the surroundings and other buildings in the area.
(5) The site of aboveground facilities which are visible from nearby
residences or public areas, should be planted in trees and shrubs, or
other appropriate landscaping and should be installed to enhance the
appearance of the facilities, consistent with operating needs.
[Order 603, 64 FR 26619, May 14, 1999]
Appendix A to Part 380--Minimum Filing Requirements for Environmental
Reports Under the Natural Gas Act
Environmental Reports Under the Natural Gas Act.
Resource Report 1--General Project Description
1. Provide a detailed description and location map of the project
facilities. (Sec. 380.12(c)(1)).
2. Describe any nonjurisdictional facilities that would be built in
association with the project. (Sec. 380.12(c)(2)).
3. Provide current original U.S. Geological Survey (USGS) 7.5-
minute-series topographic maps with mileposts showing the project
facilities; (Sec. 380.12(c)(3)).
4. Provide aerial images or photographs or alignment sheets based on
these sources with mileposts showing the project facilities; (Sec.
380.12(c)(3)).
5. Provide plot/site plans of compressor stations showing the
location of the nearest noise-sensitive areas (NSA) within 1 mile.
(Sec. 380.12(c)(3,4)).
6. Describe construction and restoration methods. (Sec.
380.12(c)(6)).
7. Identify the permits required for construction across surface
waters. (Sec. 380.12(c)(9)).
8. Provide the names and address of all affected landowners and
certify that all affected landowners will be notified as required in
Sec. 157.6(d). (Sec. Sec. 380.12(c)(10))
Resource Report 2--Water Use and Quality
1. Identify all perennial surface waterbodies crossed by the
proposed project and their water quality classification. (Sec.
380.12(d)(1)).
2. Identify all waterbody crossings that may have contaminated
waters or sediments. (Sec. 380.12(d)(1)).
3. Identify watershed areas, designated surface water protection
areas, and sensitive waterbodies crossed by the proposed project. (Sec.
380.12(d)(1)).
4. Provide a table (based on NWI maps if delineations have not been
done) identifying all wetlands, by milepost and length, crossed by the
project (including abandoned pipeline), and the total acreage and
acreage of each wetland type that would be affected by construction.
(Sec. 380.12(d)(1 & 4)).
[[Page 917]]
5. Discuss construction and restoration methods proposed for
crossing wetlands, and compare them to staff's Wetland and Waterbody
Construction and Mitigation Procedures; (Sec. 380.12(d)(2)).
6. Describe the proposed waterbody construction, impact mitigation,
and restoration methods to be used to cross surface waters and compare
to the staff's Wetland and Waterbody Construction and Mitigation
Procedures. (Sec. 380.12(d)(2)).
7. Provide original National Wetlands Inventory (NWI) maps or the
appropriate state wetland maps, if NWI maps are not available, that show
all proposed facilities and include milepost locations for proposed
pipeline routes. (Sec. 380.12(d)(4)).
8. Identify all U.S. Environmental Protection Agency (EPA)- or
state- designated aquifers crossed. (Sec. 380.12(d)(9)).
Resource Report 3--Vegetation and Wildlife
1. Classify the fishery type of each surface waterbody that would be
crossed, including fisheries of special concern. (Sec. 380.12(e)(1)).
2. Describe terrestrial and wetland wildlife and habitats that would
be affected by the project. (Sec. 380.12(e)(2)).
3. Describe the major vegetative cover types that would be crossed
and provide the acreage of each vegetative cover type that would be
affected by construction. (Sec. 380.12(e)(3)).
4. Describe the effects of construction and operation procedures on
the fishery resources and proposed mitigation measures. (Sec.
380.12(e)(4)).
5. Evaluate the potential for short-term, long-term, and permanent
impact on the wildlife resources and state-listed endangered or
threatened species caused by construction and operation of the project
and proposed mitigation measures. (Sec. 380.12(e)(4)).
6. Identify all federally listed or proposed endangered or
threatened species that potentially occur in the vicinity of the project
and discuss the results of the consultations with other agencies.
Include survey reports as specified in Sec. 380.12(e)(5).
7. Identify all federally listed essential fish habitat (EFH) that
potentially occurs in the vicinity of the project and the results of
abbreviated consultations with NMFS, and any resulting EFH assessments.
(Sec. 380.12(e)(6))
8. Describe any significant biological resources that would be
affected. Describe impact and any mitigation proposed to avoid or
minimize that impact. (Sec. Sec. 380.12(e)(4 & 7))
Resource Report 4--Cultural Resources
See Sec. 380.14 and ``OPR's Guidelines for Reporting on Cultural
Resources Investigations'' for further guidance.
1. Initial cultural resources consultation and documentation, and
documentation of consultation with Native Americans. (Sec.
380.12(f)(1)(i) & (2)).
2. Overview/Survey Report(s). (Sec. 380.12(f)(1)(ii) & (2)).
Resource Report 5--Socioeconomics
1. For major aboveground facilities and major pipeline projects that
require an EIS, describe existing socioeconomic conditions within the
project area. (Sec. 380.12(g)(1)).
2. For major aboveground facilities, quantify impact on employment,
housing, local government services, local tax revenues, transportation,
and other relevant factors within the project area. (Sec. 380.12(g)(2-
6)).
Resource Report 6--Geological Resources
1. Identify the location (by milepost) of mineral resources and any
planned or active surface mines crossed by the proposed facilities.
(Sec. 380.12(h)(1 & 2)).
2. Identify any geologic hazards to the proposed facilities. (Sec.
380.12(h)(2))
3. Discuss the need for and locations where blasting may be
necessary in order to construct the proposed facilities. (Sec.
380.12(h)(3))
4. For LNG projects in seismic areas, the materials required by
``Data Requirements for the Seismic Review of LNG Facilities,'' NBSIR84-
2833. (Sec. 380.12(h)(5))
5. For underground storage facilities, how drilling activity by
others within or adjacent to the facilities would be monitored, and how
old wells would be located and monitored within the facility boundaries.
(Sec. 380.12(h)(6))
Resource Report 7--Soils
1. Identify, describe, and group by milepost the soils affected by
the proposed pipeline and aboveground facilities. (Sec. 380.12(i)(1))
2. For aboveground facilities that would occupy sites over 5 acres,
determine the acreage of prime farmland soils that would be affected by
construction and operation. (Sec. 380.12(i)(2))
3. Describe, by milepost, potential impacts on soils. (Sec.
380.12(i)(3,4))
4. Identify proposed mitigation to minimize impact on soils, and
compare with the staff's Upland Erosion Control, Revegetation, and
Maintenance Plan. (Sec. 380.12(i)(5))
Resource Report 8--Land Use, Recreation and Aesthetics
1. Classify and quantify land use affected by: (Sec. 380.12(j)(1))
a. Pipeline construction and permanent rights-of-way (Sec.
380.12(j)(1));
b. Extra work/staging areas (Sec. 380.12(j)(1));
c. Access roads (Sec. 380.12(j)(1));
d. Pipe and contractor yards (Sec. 380.12(j)(1)); and
e. Aboveground facilities (Sec. 380.12(j)(1)).
2. Identify by milepost all locations where the pipeline right-of-
way would at least partially coincide with existing right-of-way,
[[Page 918]]
where it would be adjacent to existing rights-of-way, and where it would
be outside of existing right-of-way. (Sec. 380.12(j)(1))
3. Provide detailed typical construction right-of-way cross-section
diagrams showing information such as widths and relative locations of
existing rights-of-way, new permanent right-of-way, and temporary
construction right-of-way. (Sec. 380.12(j)(1))
4. Summarize the total acreage of land affected by construction and
operation of the project. (Sec. 380.12(j)(1))
5. Identify by milepost all planned residential or commercial/
business development and the time frame for construction. (Sec.
380.12(j)(3))
6. Identify by milepost special land uses (e.g., sugar maple stands,
specialty crops, natural areas, national and state forests, conservation
land, etc.). (Sec. 380.12(j)(4))
7. Identify by beginning milepost and length of crossing all land
administered by Federal, state, or local agencies, or private
conservation organizations. (Sec. 380.12(j)(4))
8. Identify by milepost all natural, recreational, or scenic areas,
and all registered natural landmarks crossed by the project. (Sec.
380.12(j)(4 & 6))
9. Identify all facilities that would be within designated coastal
zone management areas. Provide a consistency determination or evidence
that a request for a consistency determination has been filed with the
appropriate state agency. ((Sec. 380.12(j)(4 & 7))
10. Identify by milepost all residences that would be within 50 feet
of the construction right-of-way or extra work area. (Sec.
380.12(j)(5))
11. Identify all designated or proposed candidate National or State
Wild and Scenic Rivers crossed by the project. (Sec. 380.12(j)(6))
12. Describe any measures to visually screen aboveground facilities,
such as compressor stations. (Sec. 380.12(j)(11))
13. Demonstrate that applications for rights-of-way or other
proposed land use have been or soon will be filed with Federal land-
managing agencies with jurisdiction over land that would be affected by
the project. (Sec. 380.12(j)(12))
Resource Report 9--Air and Noise Quality
1. Describe existing air quality in the vicinity of the project.
(Sec. 380.12(k)(1))
2. Quantify the existing noise levels (day-night sound level
(Ldn) and other applicable noise parameters) at noise-
sensitive areas and at other areas covered by relevant state and local
noise ordinances. (Sec. 380.12(k)(2))
3. Quantify existing and proposed emissions of compressor equipment,
plus construction emissions, including nitrogen oxides (NOX)
and carbon monoxide (CO), and the basis for these calculations.
Summarize anticipated air quality impacts for the project. (Sec.
380.12(k)(3))
4. Describe the existing compressor units at each station where new,
additional, or modified compressor units are proposed, including the
manufacturer, model number, and horsepower of the compressor units. For
proposed new, additional, or modified compressor units include the
horsepower, type, and energy source. (Sec. 380.12(k)(4)).
5. Identify any nearby noise-sensitive area by distance and
direction from the proposed compressor unit building/enclosure. (Sec.
380.12(k)(4))
6. Identify any applicable state or local noise regulations. (Sec.
380.12(k)(4))
7. Calculate the noise impact at noise-sensitive areas of the
proposed compressor unit modifications or additions, specifying how the
impact was calculated, including manufacturer's data and proposed noise
control equipment. (Sec. 380.12(k)(4))
Resource Report 10--Alternatives
1. Address the ``no action'' alternative. (Sec. 380.12(l)(1))
2. For large projects, address the effect of energy conservation or
energy alternatives to the project. (Sec. 380.12(l)(1))
3. Identify system alternatives considered during the identification
of the project and provide the rationale for rejecting each alternative.
(Sec. 380.12(l)(1))
4. Identify major and minor route alternatives considered to avoid
impact on sensitive environmental areas (e.g., wetlands, parks, or
residences) and provide sufficient comparative data to justify the
selection of the proposed route. (Sec. 380.12(l)(2)(ii))
5. Identify alternative sites considered for the location of major
new aboveground facilities and provide sufficient comparative data to
justify the selection of the proposed site. (Sec. 380.12(l)(2)(ii))
Resource Report 11--Reliability and Safety
Describe how the project facilities would be designed, constructed,
operated, and maintained to minimize potential hazard to the public from
the failure of project components as a result of accidents or natural
catastrophes. (Sec. 380.12(m))
Resource Report 12--PCB Contamination
1. For projects involving the replacement or abandonment of
facilities determined to have PCBs, provide a statement that activities
would comply with an approved EPA disposal permit or with the
requirements of the TSCA. (Sec. 380.12(n)(1))
2. For compressor station modifications on sites that have been
determined to have soils contaminated with PCBs, describe the status of
remediation efforts completed to date. (Sec. 380.12(n)(2))
[[Page 919]]
Resource Report 13--Additional Information Related to LNG Plants
Provide all the listed detailed engineering materials. (Sec.
380.12(o))
[Order 603, 64 FR 26619, May 14, 1999, as amended by Order 603-A, 64 FR
54537, Oct. 7, 1999; Order 609, 64 FR 57392, Oct. 25, 1999; Order 609-A,
65 FR 15238, Mar. 22, 2000]