Private Individuals or Industry Letters 
Letter P1 Continued Responses 

10-26

P1-1 P1-2 P1-3 P1-4 P1-5 

Overland Pass Pipeline Company LLC 

Comments for the Overland Pass Natural Gas Liquids Pipeline Draft Environmental Impact 

Statement 

BLM/WY/PL-07/012+5101, AS-06-01095 

Section Page Paragraph Revised Information/Comment 

Executive Summary 

General General General This document discusses a construction start timeframe of August 2007. 

The newly revised start date of October 1, 2007 (with an in-service date by the second quarter of 2008) is not apparent to the public in this document. Subsequently, OPP believes that several construction methods would need to be implemented from its Winter Construction Plan (submitted March 2006) to complete construction of the project in a time sensitive manner. Issues related to topsoiling and other requirements in this document will require further discussion with the agencies in order for the project to remain in compliance with environmental conditions and minimize the need for variance from agreed upon mitigation. Note: there are multiple sections within the DEIS that will need an updated schedule 

Abstract General General The DEIS refers to 3 pump stations being part of the Proposed Action 

throughout the text. However, in some sections the Wakeeney pump station is identified as a “future pump station” and not in other sections. In table 4.11-1, it is not identified at all. For consistency Overland Pass recommends that the Wakeeney Pump Station is identified as a “potential future pump station” throughout the entire FEIS. 

ES ES-3 4 In Overland Pass's Sensitive Species Survey Plan (submitted August 

2006), which was approved by the land management agencies, surveys for occupied raptor nests within one mile of the edge of the proposed construction right-of-way will be conducted on federal and non-federal lands; winter roost surveys for bald eagles will also be conducted. 

ES ES-5 3 325-650 workers to construct ....; should be about 300 each for Spreads, 1, 

2 and 3, and about 200 for Spreads 4 and 5 (1,300 – 1,500 total) – Table 4.11-1, Pg 2-30). Also applies to page 4.11-1, paragraph 3 and 4; page 4.11-2, paragraph 4; page 4.8-3, paragraph 6; and page 4.11-7, 8, paragraph 4. 

ES ES-12 3 The first paragraph under “Water Resources” should acknowledge that 

surface water may also be used for hydrostatic testing, but this is a nonconsumptive use and should not have cumulative impacts. 

P1-1 Comment noted. The sc

Pass’ proposed scheduschedule based on the 

P1-2 The WaKeeney pump s

pump station in all locat

P1-3 Text has been modified 

P1-4 Text has been modified P1-5 Text has been modified 
Letter P1 Continued Responses 

10-27

P1-6 P1-7 P1-8 P1-9 

P1-10 P1-11 P1-12 P1-13 

Section Page Paragraph Revised Information/Comment 

1.0 Purpose and Need 

1.1 1-3 1 Please clarify whether or not the BLM intends grant terms and conditions to 

apply to lands outside of the BLM’s jurisdiction, including non-federal public lands. 

1.4.3 1-6 5 The second sentence of the firth paragraph should be changed to read as 

follows: NAGPRA would apply if burials or objects of cultural patrimony are affected on Federal lands by the Proposed Action. 

1.4.5 1-7 3,4 The regulations require preparation of the baseline assessment plan, 

integrity management plan, and a manual of written procedures for conducting normal operations and maintenance activities and for handling abnormal operations emergencies. The regulations require Overland Pass to keep these plans and procedures current through Overland Pass’ review. The USDOT regulations do not indicate USDOT review, approval or authorization is required for these plans and procedures. 

1.5 1-7 5 NWP 3 is not applicable to this project. In Overland Pass’ communication 

with the COE, NWP 14 was not considered by Overland Pass (or the COE) for authorizing this project. 

1.6 1-10 1 Due to the language in Section 1.6 of the DEIS and the way the conditions 

(i.e. GEO-1) are written, Overland Pass requests BLM clarify in the FEIS which stipulations BLM can impose upon Overland Pass on private lands, if any. Overland Pass understands that BLM has decided it is responsible for NEPA and other review of the entire project or undertaking before it decides whether or not to issue a Right-of-Way Grant. What authority do the land management agencies, BLM and USFS, have to influence or direct Overland Pass’ pipeline construction and operation activities outside of BLM and USFS lands? 

1.8 1-12 4 Burrowing owl and swift fox are listed as “threatened and endangered” 

species. They are BLM/USFS sensitive species, but not threatened and endangered species per the USFWS. 

2.0 Alternatives Including The Proposed Action 

2.2.1 2-2 1 The number of check valves has been reduced. Please revise valve 

numbers throughout document, including page 2-17, paragraph 5; page 2­2, paragraph 6; and page 4.4-8, paragraph 4 (Overland Pass will provide a table with new check valve information). 

2.2.1.1 2-2 5 It is not a federal requirement to have “slightly thicker walled pipe would be 

used at aboveground facilities.” (Please correct). 

P1-6 As stated in Section 1.4

ROW grant and TempoOverland Pass would bspecific to BLM and USauthority, however, BLM comply with additional mon private lands. 

P1-7 Text has been modified 

P1-8 According to the USDO

website: http://primis.phPipeline Safety will inspProgram. 

P1-9 Text has been modified 

P1-10 See response to comm

P1-11 This sentence has been P1-12 Text has been revised t

valve locations. 

P1-13 Text has been modified 
Letter P1 Continued Responses 

10-28

P1-14 P1-15 P1-16 P1-17 P1-18 P1-19 P1-20 P1-21 

Section Page Paragraph Revised Information/Comment 

2.2.1.1 2-8 3 Please change the sentence: (The Opal Meter Station would be adjacent to 

the Williams Opal Plant (RP 0.0) and would require a 930-foot 12-inchdiameter lateral on Williams’ property to interconnect the Opal Plant mainline piping with the Overland Pass mainline.) To the following sentence: (Williams will install a lateral on their property to connect to the Overland Pass mainline at RP 0.0. Approximately 600 feet downstream of RP 0.0, the Opal Meter Station will connect to the Overland Pass mainline with a short lateral). 

2.2.1.1 2-8 3 Please change the sentence: (Bushton’s Meter Station would be located 

on ONEOK’s Bushton Plant property (RP 717.5) and would require a 340­foot 12-inch-diameter lateral to deliver to the Bushton Plant.) To the following sentence: (Bushton’s Meter Station would be located on ONEOK’s Bushton Plant property (RP 717.5). A flange located on the outlet of the meter skid will be the end of Overland Pass mainline piping at Bushton. ONEOK will install a lateral on their property from the flange on the outlet of the meter skid into their plant to deliver product to their fractionator). 

2.2.1.2 2-16 (Access Roads) 1 

& 2 

OPP requests that BLM add its description of “maintenance” to the discussion of access road use (see Traffic and Transportation Management plan”, page 14, submitted August 2006), as it provides clearer definition for the reader regarding OPP’s planned use of public roads. 

2.2.1.3 2-18 1 49CFR192, Transportation of Natural Gas and Other Gas by Pipeline is 

incorrect. 49CFR Part 195, Transportation of Hazardous Liquids by Pipeline and ASME Standard B31.4, are the only codes regulating natural gas liquids pipelines. The reference to Part 192 is numerous (p 2-22, paragraphs 3 and 8, p. 2-29, paragraph 2), although Part 195 is also properly referenced (p 2-29, 5.2-10, G-2). 

2.2.1.3 2-21 (Pipe Stringing...) 

4 

Regarding this statement, “Twenty-foot-wide gaps in the strung pipe string and topsoil piles would be left at least every 0.5 mile and at major game crossing trails, or livestock watering trails that intersect the trench line”, Overland Pass is concerned that this could be read to mean that this is expected on non-federal lands. Overland Pass requests this sentence be modified to establish 0.5 mile gap jurisdiction on federal lands only. 

2.2.1.3 2-22 3 Class locations are not used for liquids pipelines. The hydrostatic test must 

equal 125% of the MOP of the pipeline. Please correct the statement “pressurizing the section to a pressure commensurate with MOP and class location ...” 

2.2.1.3 2-23 (Special 

Construct...) 2 

DEIS states that each boring at highways, roads, and railroads is expected to take 2 to 10 days. Each bore will be unique and could take longer due to unforeseen circumstances (weather, redrilling, failure, etc.). 

2.2.1.3 2-23 Steep Terrain To clarify, Overland Pass may use up to 25' of extra ROW in these areas. 

P1-14 The lateral lengths and 

verified by Overland Paremained unchanged. 

P1-15 The lateral lengths and 

verified by Overland Paremains unchanged. 

P1-16 Text has been modified 

P1-17 Text has been modified 

P1-18 See response to comm

clarification. 

P1-19 Text has been modified 

P1-20 In the EIS, the BLM is d

these crossings based orecognizes that site-speinfluence the actual durunchanged. 

P1-21 Text has been modified 
Letter P1 Continued Responses 

10-29

P1-22 P1-23 P1-24 P1-25 P1-26 P1-27 P1-28 P1-29 P1-30 

Section Page Paragraph Revised Information/Comment 

2.2.1.3 2-24 2 Overland Pass has evaluated each stream crossing and determined that 

HDD is appropriate at the South Platte River and five other, minor waterway crossings. 

2.2.1.3 2-30 3 Meter station peak work force would be 20 workers. Pump station peak 

work force would be 28 workers. 

2.2.1.3 2-32 Post-Approval 

Variance... 

The Compliance Monitoring and Post-Approval Variance subsections should clarify that BLM and USFS would inspect and review within their jurisdiction, on federally-owned lands. 

3.0 Affected Environment 

Climate and Air Quality 

3.2.1.5 3.2-2 2 Add the following after 189 HAPs and before comma: (currently 187 HAPs). 

3.2.1.10 3.2-4 Table 3.2-1 Effective December 17, 2006, EPA made the following revisions to the 

NAAQS for PM; therefore, update as follows (on separate columns): PM10 – Annual – Revoked – Revoked (or take this line out) PM2.5 – 24-hour – 35 μg/m3 – 35 μg/m3 (changed from 65) 

Soils 

3.4.1 NA NA MLRA discussions are provided but not mileposted and related to county, 

state, or project. There is no way to separate minor MLRA components from major MLRA components. The discussion of MLRAs is a significant portion of the soils affected environment section, yet MLRAs cannot be related to the spatial features of the route. 

Water Resources 

3.5.1.1 3.5-1 3 Overland Pass' field reconnaissance found no playas present within the 

proposed project. We recommend a change of language throughout the document from playa to dry lake bed. Playa implies that there may be sensitive and special plant communities. 

3.5.1.1 3.5-1 4 Class 4 water should include a reference to Agriculture, Industry, and 

Wildlife as per the WDEQ Rules and Regs. 

3.5.1.1 3.5-1 6 Recent correspondence (03/02/2007) from the Wyoming DEQ has 

confirmed that Green River is classified as 2AB at the OPP crossing. Overland Pass will provide a copy of the correspondence record. 

P1-22 Text has been modified P1-23 Table has been revised 

provided by Overland P

P1-24 The BLM does not have 

non-federal lands; conswill only monitor constru

P1-25 Text has been modified 

P1-26 Table has been updated P1-27 MLRA discussions are 

as they are in the USDA 

P1-28 The text has been mod

lakes. 

P1-29 Text has been modified P1-30 Text has been modified 
Letter P1 Continued Responses 

10-30

P1-31 P1-32 P1-33 P1-34 P1-35 P1-36 P1-37 P1-38 P1-39 

Section Page Paragraph Revised Information/Comment 

3.5.1.2 3.5-15 Springs In March 2007, for the Army Corps of Engineers' Nationwide Permit 

preconstruction notification, a desktop review located 7 potential springs or seeps in the project area. Three of these were estimated to be within 100 feet of the pipeline at approximate mileposts 8.5, 293.43, and 299.62. Overland Pass followed up with additional field surveys and determined that the springs at MP 8.5 and 293.43 were seeps. The spring at MP 299.62 was approximately 25 feet south of the centerline, and did not have a defined channel (one of the COE's criteria for a spring). After discussions with the U.S. Army Corps of Engineers, Omaha District- Wyoming Regulatory Office, this source was determined to be a seep, but due to its proximity to the construction area, voluntary mitigation would be implemented as follows: excavation and sidecasting will be restricted to the north side of the trenchline, and since the travel lane for construction equipment is to the south of the trenchline, matting would be used over the spring/seep (See attached phone log 04/10/2007). Comment also applies to page 4.5-14, paragraph 3. 

Wildlife, Aquatic Resources, and Special Status Species 

3.7.1.2 3.7-5 5 There are only 66 perennial streams crossed by the project in Wyoming. 

3.7.1.2 3.7-5 5 In table 3.7-4, we do not cross One-mile Creek, so there are only 20 

streams crossed by the project that have game fish species. 

3.7.1.2 3.7-5 5 OPP does not cross Tenmile Creek (high quality trout water). 

3.7.1.2 3.7-6 Table 3.7-4 The following is based on phone logs and conversations with appropriate 

state agencies (see EIR table 4.2.1-3 for references). Blacks Fork River: add brown trout Remove Onemile Creek altogether- is not crossed by OPP. Chief Creek: Add: rainbow trout. Plum Creek (listed twice in wrong counties): should be listed in Ellsworth County with 7 crossings. Big Creek: Add bluegill. Cow Creek: Add bluegill. 

3.7.1.2 3.7-9 1 South Pawnee Creek should not be included in list of perennial streams 

with warmwater fisheries; it is an intermittent stream. 

3.7.1.2 3.7-9 1 North Sterling Creek should be included as a Class 1 water. 

3.7.1.2 3.7-9 1 There are only 6 dry lake beds in Colorado, there were no playas or ponds 

found during field surveys. 

3.7.1.2 3.7-9 4 The proposed pipeline route would cross 1 perennial stream in Kansas. 

P1-31 Text has been modified 

P1-32 Text has been modified 

P1-33 Onemile Creek has bee

been revised to 20 streaon updated information

P1-34 Text has been modified 

P1-35 All revisions have been 

brown trout for the Blacdo not occur in sections 

P1-36 Text has been modified 

P1-37 Text has been modified 

P1-38 Text has been modified 

lakes. 

P1-39 Updated information pro

indicated that eight perebe crossed in Kansas. ORice County, was delete
Letter P1 Continued Responses 

10-31

P1-40 P1-41 P1-42 P1-43 P1-44 P1-45 P1-46 P1-47 

Section Page Paragraph Revised Information/Comment 

3.7.1.3 3.7-10 2 The Spotted frog referenced in Appendix G (Rana pretiosa) is not found in 

WY, CO, or KS. This is a species found in OR, WA, CA, and BC-Canada (NatureServe reference). Should this be Rana luteiventris which is found in Wyoming? If the Spotted Frog is removed from the list as the species given is not found in the project area, there would be 149 special status species, with 95 occurring within immediate vicinity of the project. This comment also applies to page 3.7-12, paragraph 1. 

3.7.1.3 3.7-10 3-5 Please identify in this section specifically which species (by common name) 

are Federally listed in each state. 

3.7.1.3 3.7-11 6 Kansas Department of Parks and Wildlife was consulted regarding fisheries 

on April 16, 2007 (Overland Pass will provide a copy of the phone log and table) and within the project area, brassy minnows are found in the Arikaree River, Republican Rivers, including the South Fork Republican River. They have not been found in the Smokey Hill River near the project area. 

3.7.1.3 3.7-12 3 Please discuss Colorado with respect to sensitive plants. The text should 

describe the sensitive plant communities in the project area in Colorado, if any. 

Land Use, Recreation, and Aesthetics 

3.8.1.1 3.8-1 (Colorado) 1 The DEIS states that state lands crossed in Colorado are owned or 

managed by Colorado Division of Wildlife (CDOW) or the Colorado State Land Board. There are no CDOW lands crossed by the Overland Pass pipeline route or its associated facilities. 

3.8.1.1 3.8-3 1 The structures identified in Table 3.8.2 and Table 4.8-1 on page 4.8-7 may 

not be occupied. 

Cultural Resources 

3.9.1.3 3.9-2 1 The definition of the APE and survey corridor for the Overland Pass project 

should be presented prior to the discussion of the survey results for each state. The APE for the project consists of the 75 foot-wide-construction corridor and associated ATWS, the ancillary facility sites (pipe yards, contractor yards etc), and the project access roads. The survey corridor for the pipeline corridor measured 300 feet in width, the survey corridor for access roads measured 100 feet in width, and the survey corridor for the ancillary facilities (pipe yards, contractor yards etc.) encompassed the entire area of these facilities. 

3.9.1.3 3.9-5 8 The first sentence of the eighth paragraph should read: In January and 

February 2006, a Phase I Class I files search of the proposed project area 

was conducted through the Kansas State Historical Society (KSHS). 

P1-40 The species has been r

P1-41 Text has been modified 

P1-42 Revision has been mad

to occurrence in Kansas Colorado. 

P1-43 Text has been modified 

in all states crossed by 

P1-44 Text has been modified 

P1-45 Text under each state in 

land) notes that no occuproposed construction. 

P1-46 The definition of APE u

Section 4.9.1. Project-swarranted. 

P1-47 "Phase I Class I files se

incorrect terminology. H"Phase I files search." 
Letter P1 Continued Responses 

10-32

P1-48 P1-49 P1-50 P1-51 P1-52 P1-53 P1-54 P1-55 

Section Page Paragraph Revised Information/Comment 

Native American Consultation 

3.10.1 3.10-1 5 This section should specify that NAGPRA pertains to the excavation or 

removal of human remains from Federal or tribal lands. 

Social and Economic Conditions 

3.11.1.1 3.11-2 Table 3.11-2 Arrowhead Springs is 1.5 miles from OPPL’s proposed route. Arrowhead 

Springs was 0.5 miles from the formerly proposed route. 

4.0 Environmental Consequences 

Climate and Air Quality 

4.2.1 4.2-1 2 Change the following sentence “by mid 2006” to “beginning June 1, 2006.” 

Geology and Geologic Hazards 

4.3.1.1 4.3-2 2 The DEIS states that blasting could adversely affect nearby springs. There 

are no springs located near potential blasting areas. 

Soils 

4.4.1 4.4-7 4 Overland Pass would not attempt to maintain water flow during 

construction. Overland Pass has negotiated compensation for damages, as appropriate. 

Water Resources 

4.5.1.1 4.51 4 The site specific drawings do not address the amount of time required for 

installation, an explanation for the size requirements of ATWS’s, or discussion of special mitigation for contaminated sediments. 

4.5.1.1 4.5-2 2 Overland Pass also prepared the Soil Stabilization and Restoration Plan 

and the Stream Crossing and Wetland Protection Plan. Both plans describe best management practices that minimize impacts to surface waters. 

4.5.1.1 4.5-2 3 Overland Pass has agreed to the following setbacks on non-federally 

managed land, all equipment is parked overnight and/or fueled at least 100 feet from a waterbody or in an upland area at least 100 feet from a wetland boundary; 200 feet from private water wells; and 400 feet from public water supply wells. And on federally-managed land, all equipment is parked overnight and/or fueled at least 500 feet from a waterbody or water wells or in an upland area at least 500 feet from a wetland boundary. These restrictions are based on the edge of a wetland or waterbody, not on a riparian area. 

P1-48 Text has been modified 

P1-49 Based on the latest info

community of ArrowheaText has been modified 

P1-50 Text has been modified 

P1-51 Text has been modified P1-52 Text has been modified P1-53 Bulleted text has been r

data in the site-specific 

P1-54 Based on corresponden

2007, these plans have Reclamation, and Reveseparate plans. Referecontained in the ConstrPlan. 

P1-55 Text and set-back requ

than wetlands on federaResource Management with their RMPs. Text hPass' agreement regardregarding riparian areas unchanged. 
Letter P1 Continued Responses 

10-33

P1-56 P1-57 P1-58 P1-59 P1-60 P1-61 

Section Page Paragraph Revised Information/Comment 

4.5.1.1 4.5-3 1, 2 Please note that the HDD recommendations at the Blacks Fork and Hams 

Fork rivers were considered and HDD is not proposed at these river crossings. Feasibility of using the HDD method at the North Platte River crossing was investigated and determined not feasible at this location. The aforementioned waterbody crossings were subject to US Army Corps of Engineers review and approval. The conditions in the Nationwide Permit received from the Corps of Engineers include: • exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing, • appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, • affected areas must be returned to pre-construction elevations and revegetated, as appropriate, • stream bank vegetation should be protected except where its removal is absolutely necessary, and • period and timing of construction should be adjusted as necessary to minimize conflicts with fish migration and spawning. Overland Pass has developed site-specific crossing plans for each of these waterbodies that take into consideration our consultations with appropriate state and federal agencies. 

4.5.1.1 4.5-3 3 The Wyoming Game & Fish Department has noted the flannelmouth sucker 

population is not located near the pipeline crossing, but instead is located near the town of Bitter Creek, which is approximately 0.6 miles north northwest of the proposed pipeline crossing of Bitter Creek (RP 108). The short-term increase in turbidity due to construction and restoration at the crossing is will not necessarily result in any significant degradation of water quality or loss of beneficial uses in the vicinity of the pipeline or in the water a half mile away. 

4.5.1.1 4.5-3 4 There is one HDD at the South Platte River (2 crossings) and 5 HDD at 

other, minor waterway crossings in Colorado. 

4.5.1.1 4.5-3 5 In the event an HDD is not successful at the South Platte River crossing, an 

open cut contingency plan has been prepared. The open-cut contingency plan was submitted to the BLM and U.S. Army Corps of Engineers. 

4.5.1.1 4.5-3 6 Overland Pass's Stream Crossing and Wetland Protection Plan clarifies: on 

non-federally-managed land, all equipment is parked overnight and/or fueled at least 100 feet from a waterbody or in an upland area at least 100 feet from a wetland boundary; 200 feet from private water wells; and 400 feet from public water supply wells. And on federally-managed land, all equipment is parked overnight and/or fueled at least 500 feet from a waterbody or water wells or in an upland area at least 500 feet from a wetland boundary. 

4.5.1.1 4.5-7 1 Dust control water will be obtained from municipal water wells, not surface 

water sources. Updated table of construction water sources was submitted to BLM on April 18, 2007. This also applies to page 4.7-19, paragraph 4. Overland Pass will provide a copy of the document and table. 

P1-56 Text has been modified P1-57 Text has been modified 

sucker population 0.6 mpipeline crossing of Bittdiscussion has been mo

P1-58 Text has been modified 

P1-59 Text has been modified 

P1-60 Refer to responses to c

P1-61 Text and tables have be
Letter P1 Continued Responses 

10-34

P1-62 P1-63 P1-64 P1-65 P1-66 P1-67 P1-69 

Section Page Paragraph Revised Information/Comment 

4.5.1.1 4.5-8 Table 4.5-2 Overland Pass provided updated water source information to BLM on April 

18, 2007. 

4.5.1.2 4.5-13 5 Up to 69.5 acre-feet of water will be used for dust control from municipal 

water wells. 

4.5.1.3 4.5-16 3 In Overland Pass' March 2007 Pre-Construction Notification to the U.S. 

Army Corps of Engineers, Overland Pass calculated that ATWS would affect approximately 9.8 acres of wetlands. 

Vegetation 

4.6.1.1 4.6-5 4 Wetlands will reclaim within 3 years (as stated in paragraph 3 and the 

conclusion on the same page), not 10 years as stated in paragraph 4. 

Wildlife, Aquatic Resources, Special Status Species 

4.7.1.2 4.7-7 2 The site specific drawing shows a top of trench width (including gravel road 

with flume pipes) of no more than 50 feet. Overland Pass estimated the disturbance area, based on sediment types, to be 34 feet in soft clay or sand; or 27 feet in dense clay or silt. 

4.7.1.2 4.7-7 3 Please refer to our comment regarding WATER-1 in the Additional 

Mitigation section of this comment table. 

4.7.1.2 4.7-7 6 The only riparian area on BLM land is at MP 195.5 (based on a 20% or 

greater dominance of woody vegetation that has facultative wetland indicator status. Facultative (FAC) wetland indicator status plants are those with a similar likelihood of occurring in both wetlands and non-wetlands). 

4.7.1.2 4.7-7 7 Revised construction timing windows based on revised construction start 

date and recent (April 2007) consultations with state agencies: (Overland Pass will provide a copy of the phone logs). Comment also applies to page 4.7-19, paragraphs 2 and 3. • Colorado region 3 warmwater fisheries – October 1 through April 1 • Green River – after October 15 • Hams Fork and Blacks Fork Rivers and Bitter Creek – after October 1 (sensitive fish species will not be spawning at crossing location during winter months • South Platte River – August 1 through November 30 (for open cut); • Chief Creek (MP 474.0) in-stream construction should occur between March 16 and September 14; and • North Fork Republican River (MP 477.27) in-stream construction should occur between July 16 and September 14. 

P1-62 Refer to response to coP1-63 This is the groundwater 

not draw substantially oTable 4.5-2). However, revised plan for construreceived. 

P1-64 The 59.0 acres in parag

construction and operatadditional work space. 

P1-65 The 10 years reference

time that may be necesto fully return to pre-distinclude more than just wrefers to the reclamatiowetlands. Text has bee

P1-66 The surface area distur

maximum width of 34 fe

P1-67 Text to WATER-1 has b

application of this meas

P1-68 Text in Section 3.6 has 

riparian areas on federatheir definition of ripariaunchanged. 

P1-69

Information submitted b

provided revised constrNorth Fork Republican This information has becomment to update the 
Letter P1 Continued Responses 

10-35

P1-70 P1-71 P1-72 P1-73 P1-74 P1-75 P1-76 P1-77 

Section Page Paragraph Revised Information/Comment 

4.7.1.2 4.7-8 1 Recent correspondence (Overland Pass will provide a copy of the 04/05/07 

phone log) with Wyoming Game and Fish also indicates that a later construction time (October into November) would not result in significant affects upon kokanee salmon or brown trout. 

4.7.1.2 4.7-8 4 Regarding the use of flumes at the Laramie River: Since the riverbed is 

nearly 100 feet across, it is not possible for bridge construction and crossing. If the river is flowing at the time crossing, Overland Pass can use the flume crossing method, as described in its CMR Plan. 

4.7.1.2 4.7-8 4 Overland Pass' plans indicate that the Hams Fork, Blacks Fork and Green 

River will all have flume pipes to allow waterflow and fish movement. Fish movement would be minimally impacted. Flume pipes are placed at a depth relative to low flow levels, to ensure water is always flowing during construction. 

4.7.1.2 4.7-9 2 Dust control will not impact surface waters, as all sources are municipal 

wells. The sole source for water to conduct the HDD will be the South Platte - North Sterling Ditch. 

4.7.1.2 4.7-9 2 Hydrostatic testing would use surface water from: Green River Basin 18.3 

acre-feet; North Platte River Basin 28.5 acre-feet; South Platte River Basin 18.1 acre-feet; HDD would use surface water from: South Platte River Basin 10.6 acre-feet. 

4.7.1.3 4.7-12 Table 4.7-2 The Spotted frog referenced in Appendix G (Rana pretiosa) is not found in 

WY, CO or KS, this is a species found in OR, WA, and CA, and BC-Canada (NatureServe reference). Should this be Rana luteiventris which is found in Wyoming? If the Spotted Frog is removed from the list as the species given is not found in the project area, there would be 149 special status species, of which 95 occur within the immediate vicinity of the project. 

Land Use and Aesthetics 

4.8.1.1 4.8-2 3 The DEIS states that federal revegetation standards would not be enforced 

on private lands, so long term impacts on rangeland could occur. While Overland Pass realizes that federal jurisdiction does not apply to private lands, Overland Pass is committed to restoration of lands affected by the proposed project consistent with its Plan and Procedures to ensure the longevity and safe operation of the pipeline while maintaining the previous land use. 

4.8.1.4 4.8-9 (Conclusion) 1 Based on SOIL-4, the offset from an existing pipeline would be reduced to 

30 feet on the PNG. This narrow offset from existing lines on PNG lands makes construction increasingly difficult through this area and also raises safety concerns. Overland Pass cannot verify that the existing Southern Star pipe is centrally located in its permanent right-of-way. Overland Pass requests that the offset be adjusted to 58 feet, as currently proposed. 

P1-70 Comment noted. Based 

are still impact issues wNovember. Constructiowould minimize effects unchanged. 

P1-71 Text states that the flum

Laramie River. Text rem

P1-72 The discussion of poten

movement in the Blacks post-construction period through the crossing duon past problems that hlocations. 

P1-73 Dust control water from 

section. 

P1-74 Text and relevant tables 

information from the hyd

P1-75 The species has been r

P1-76 Text has been revised t

P1-77 Text has been modified 

50-foot offset if OverlanSouthern Star ROW to 
Letter P1 Continued Responses 

10-36

P1-78 P1-79 P1-80 P1-81 P1-82 P1-83 P1-84 

Section Page Paragraph Revised Information/Comment 

Cultural Resources 

4.9.1 4.9-1 5 The definition of the APE for the Overland Pass project should be included 

in the last paragraph of page 4.9-1. The APE for the project consists of the 75 foot-wide-construction corridor and associated ATWS, the ancillary facility sites (pipe yards, contractor yards etc), and the project access roads. 

Social and Economic Conditions 

4.11.1.1 4.11-1 2 Meter station peak work force would be 20 workers. Pump station peak 

work force would be 28 workers. 

4.11.1.3 4.11-6 Analysis Overland Pass has re-calculated the annual estimated property tax 

revenue. In total, the annual estimated property tax revenue would be $8.4 million. Broken down by state, the annual estimated property tax revenue in Wyoming is $2.2 million, in Colorado is $2.6 million, and in Kansas is $3.6 million. 

Public Safety 

4.12.1.1 4.12-4 4 Overland Pass suggests adding language to the second sentence, as 

follows: While the probability of an accident is low, there is the potential for a fire if an accident resulted in a release of NGL from the pipeline. 

5.0 Cumulative 

5.1 5.1-5 Chart Big game window is not shown correctly. Big game windows should be 

marked at approximately RP 14-47, 89-102, 182-210, 223-234, 243-261, 321-339, and 358-360. 

Soils 

5.2.3.2 5.2-3 4 Table 5.2-1; Row 4; Column 2 for the Green River says: “No parallel utilities 

within 500 feet of proposed crossing.” This is incorrect. Overland Pass Pipeline route is parallel to Enterprise Pipeline (formerly MAPCO/MAPL), which is located approximately 100 feet upstream of the proposed Overland Pass pipeline crossing. 

Water Resources 

5.2.4.1 5.2-5 5 OPP agrees to incorporate woody vegetation into the restoration of the 

banks of the Medicine Bow River crossing during the restoration and stabilization phase of construction. 

P1-78 Refer to response to coP1-79 Text has been modified 

Overland Pass. 

P1-80 Text has been modified 

P1-81 Text has been modified P1-82 Figure has been modifie

P1-83 Text has been modified 

P1-84 Text has been modified 

incorporate woody vegestreambanks. 
Letter P1 Continued Responses 

10-37

P1-85 P1-86 P1-87 P1-88 P1-89 P1-90 P1-91 

Section Page Paragraph Revised Information/Comment 

Wildlife, Aquatic Resources, Special Status Species 

5.2.6.3 5.2-7 Bald Eagle The Bald Eagle Winter Roost Survey submitted to the BLM on February 14, 

2007 includes a bald eagle nest found at the South Platte River at Mile Post 413.2. A map of the nest location, as well as a memo describing the location, buffer restrictions and actions OPP will do to reduce disturbances to bald eagles were submitted to the BLM on March 9, 2007. 

5.2.6.3 5.2-7 Black-footed... Due to the revised project schedule, operations will now begin in October 

2007 and end in March-May 2008. OPP's Sensitive Species Survey Plan (submitted March 2006) follows survey guidelines developed by the FWS for mountain plovers. Since construction may continue into the April 10 ­July 10 biological construction constraint window for mountain plovers, 2008 surveys will be conducted May 1 - June 15. Recent correspondence with the PNG (Overland Pass will provide a copy of the phone log) determined that burrowing owl surveys will not be needed in 2007, because the owls will not be in the area during the new winter construction period. A follow-up burrowing owl survey will be necessary if construction is not completed by March 15, 2008. 

Socioeconomics 

5.2.9 5.2-9 4 The DEIS assumes approximately 1 mile of pipeline construction completed 

each day. Overland Pass plans to complete 1 mile of pipeline construction per day, per spread. 

Appendices 

Appendix B 

7 1 Kemmerer field office requires trench plugs and gaps spaced at 0.25-mile 

intervals. OPPL would like 0.5 miles for speedier construction and proposes consulting the Eis during construction to determine the appropriate spacing based on site-specific conditions. 

13 3 “anchored with tackifier on slopes exceeding 20%” This has not proven 

successful on other projects. May require more discussion with agencies. 

16 6 Section 4.4.2 of Appendix B [Construction, Reclamation, and Revegetation 

Plan] in the DEIS incorrectly states that “The horizontal directional drill (HDD) method will be used to cross the Green and South Platte Rivers.” The Green River cannot be HDD and will be open cut. Therefore, this sentence should be modified to say "The horizontal direction drill (HDD) method will be used to cross the South Platte River." 

25 1 Six inches of clearance is not correct. OPPL will maintain 18 inches of 

clearance. 

P1-85 Text has been modified 

P1-86 Comment noted. Thank 

P1-87 Text has been modified 

P1-88 This plan was provided 

modified for incorporatiodraft of this plan, as proincluded in the Final EISTable A-1, for further clamitigation measures agBLM and USFS. 

P1-89 Refer to response to co

P1-90 This plan was provided 

modified for incorporatiodraft of this plan as provincluded in the Final EIShave been modified acc

P1-91 Refer to response to co
Letter P1 Continued Responses 

10-38

P1-92 P1-93 P1-94 P1-95 P1-96 P1-97 P1-98 

Section Page Paragraph Revised Information/Comment 

Appendix C 

1 2 OPPL has determined that water for hydrotesting will be taken from 

Oneok’s Bushton, Kansas well water system. It is fresh water and will not be returned to Bushton but properly disposed of on upland Sections, at the end of each test section. (This is a change by OPPL.) (Applies to page 5, paragraph 4; 6, figure 2-1; 20, 3) 

6 Fig. 2-1 Oneok well water system (storage pond is incorrect. 

7 1 ...withdrawal rate of between 1,000 and 3,000 gpm (Applies to page 12, 

paragraph 1; 14, 2; 16, 4; 18, 3) 

10 2 The Rawlins BLM office has recently revised its RMP to state that the goal 

of weed control is to maintain a 0 threshold for weed occurrences along new rights-of-way. Overland Pass is committed to make a good faith effort. 

15 5 Required pressure of 1,800 psig is incorrect, it is 1,969 psig. 

Appendix F 

F-12 NA MP 412.6, 414.8. 416.0, 416.2, and 416.9 are all to be HDD construction, 

not open cut. 

Appendix I 

I-1 to I-26 NA The resource tables contained in Appendix I need to be revised. The data 

in the tables was based on the information that was available at the time the tables were prepared. These tables should be revised so that they contain the most current cultural resources data on the project. OPP will file the revised table with BLM in May of 2007. 

P1-92 Refer to response to co

P1-93 Refer to response to co

P1-94 Refer to response to co

P1-95 Refer to response to co

P1-96 Refer to response to co

P1-97 Overland Pass has prov

incorporated into Appen

P1-98 The tables have been u

of the Final EIS. 

Mitigation Measures: 

Resource Recommended Mitigation Revised Information/Comment 

4.0 Additional Mitigation 

Geology and Geologic Hazards 

GEO-1: Overland Pass shall conduct studies prior to construction to determine if subsidence is occurring or if potential subsidence could occur along the proposed pipeline route. If subsidence has occurred or has the strong potential to occur, Overland Pass shall use appropriate design standards and ground monitoring devices to assure pipeline integrity. 

Overland Pass has no objection to monitoring potential subsidence of the pipeline during construction and operation, but based on the “low” and “very unlikely” occurrence of subsidence, does not feel that studies prior to construction are warranted. Overland Pass thereby requests the removal of additional mitigation GEO-1 and the request on page 4.3-5, fifth paragraph, for further study of the area from RP 675 to RP 749. 

P1-99 GEO-1 has been m

areas would be moRecommendation fdeleted. Mitigation 

P1-99 
Letter P1 Continued Responses 

10-39

P1-100 P1-101 P1-102 

Resource Recommended Mitigation Revised Information/Comment 

Paleontology PALEO-1: On federal lands, paleontological 

monitoring shall occur in areas where future maintenance activities require trenching or excavation in areas that would be wider than the original trench. 

The DEIS states that “on federal lands, paleo monitoring shall occur in areas where future maintenance activities require trenching or excavation in areas that would be wider than the original trench. While reopening the trench for maintenance activities is not anticipated to occur for at least 30 years, Overland Pass has no objections to paleontological monitoring on federal lands at specific areas most likely to produce fossils, namely Condition 1 and Condition 2-type areas identified and documented in the Paleontological Field Survey Results Along the Overland Pass Pipeline Project in Southern Wyoming, Northern Colorado, and Northwestern Kansas (Uinta Paleontological Associates, Inc., 2006). 

Soils 

SOIL-1: On the PNG, to minimize topsoil erosion, hydrologic impacts, and potential impacts to range and wildlife, Overland Pass shall limit the time that a trench would remain open to 1 mile of open trench at the end of each construction day. 

Adhering to mile one of open trench across PNG lands will significantly slow the progress of construction. As discussed above, OPP is of the opinion that the revised project schedule (October 1 start date) will result in primary reliance on its Winter Construction Plan rather than the majority of agreed upon mitigation measures found in its CMR Plan. Also, construction sequencing will create a "bottleneck" effect which could result in 70 days of additional construction time, as opposed to the projected 73 days of construction using a normal construction sequence. Furthermore, weather or site conditions could significantly increase the number of variance requests OPP would need to solicit from the PNG in order to appropriately mitigate unforeseen winter construction issues such as big game range exemptions and frozen soil/water conditions. 

SOIL-2: On the PNG, if topsoil losses are noted due to wind erosion by the EI of PNG inspector, Overland Pass shall apply a Polyacrylamide (PAM) tackifier within 24 hours to the topsoil spoil pile. The tackifier shall be a liquid formulation having PAM as the primary active ingredient, and shall be available as a prepackaged product. The PAM shall be a linear, anionic copolymer, which is safe to humans, wildlife, and fisheries. Studies conducted by the USDA/Agricultural Research Service (ARS) demonstrated that soil stabilization was optimized by using very high molecular weight (12 to 15 mg/mole), highly anionic (greater than 20 percent hydrolysis) PAM. Magnesium chloride shall not be used on the PNG. 

Accepted as written. However, if OPP does not obtain relief from the one mile per day of open trench across the PNG, this condition will be essentially null. It is likely that excavated topsoil will only remain stored at the edge of the right-of-way for one to three days before replacement. However, the duration of construction from clearing and graded through restoration and stabilization will likely be determined by weather conditions. OPP requests that language be drafted to indicate that no tackifiers will be used and spoil piles will be left no longer than 3 days from trenching to backfill. In other locations, tackifiers would be considered at the direction of the EI or PNG inspector where excessive wind erosion is observed. 

P1-100 Paleontological mo

areas on federal lanevaluating future mareas for paleontolodisturbance (Appen

P1-101 The PNG has agre

plugs at 0.25- to 0.5modified accordingmitigation measure 

P1-102 Refer to response t

requests language of tackifiers if neces
Letter P1 Continued Responses 

10-40

P1-103 P1-104 P1-105 P1-106 

Resource Recommended Mitigation Revised Information/Comment 

SOIL-3: On federal lands, Overland Pass shall consult with the applicable federal agency on roads that require maintenance or reclamation during or after construction. Two-track roads found to be disturbed by construction activities would be reclaimed, at the agencies discretion, by decompacting soils, constructing permanent erosion control (such as drivable water bars), and reseeding the entire roadbed. The two-track shall be allowed to reestablish through normal traffic patterns and use. 

Accepted as written. 

SOIL-4: On the PNG, Overland Pass shall offset their pipeline 30 feet from the existing, adjacent pipeline. 

OPP understands that the issue of offsetting its pipe 30 feet from the existing line (versus 58 feet, as proposed, which is the basis for our easement agreement and Construction Alignment Sheets) has never been resolved. OPP wishes to reiterate its position that a 30 foot offset from the existing, active line presents a safety issue. This distance will require OPP’s construction equipment to traverse very closely to the existing line. Since that pipeline (Southern Star Natural Gas Line) was built in the 1970’s, no existing “as built” alignment sheets are available for OPP’s reference. Therefore, OPP cannot verify that the Southern Star pipe in centrally located within its permanent 50-foot easement across the PNG or adjacent, private land tracts (which are interspersed with federal lands). Furthermore, ATWS, as currently proposed by OPP, will need to be modified (i.e. increased in size) to accommodate narrower working areas along the mainline corridor. OPP believes that the intent of this stipulation may not be effective as more vegetation and topsoil disturbance may occur (concentrated in large, square areas rather than narrow, linear areas) utilizing this approach than if workspace layout were accepted by the agency, as proposed. 

SOIL-5: On lands managed by the BLM and the ANF, full ROW topsoil stripping shall occur to a depth of 6 inches. On the PNG, the full dept of the topsoil horizon shall be removed from the trenchline only. 

Accepted as written. However, if winter or excessively wet conditions are encountered during construction and rutting (3­inches on the PNG) becomes problematic, OPP will request a variance from PNG’s stipulation that topsoil removal occur over the trenchline only. 

SOIL-6: On the PNG, pocking shall not be used. At the time of final slope recontouring, Overland Pass shall install photodegradable or biodegradable erosion control fabric that is non-toxic to vegetation or germination of seed, and non-toxic or injurious to humans or wildlife, on waterbody banks and slopes over 10 percent. Overland Pass shall anchor the erosion control fabric in accordance with the manufacturer’s specifications. 

Accepted as written. 

P1-103 Comment noted. Th

as an applicant-comTable A-1). 

P1-104 Text for this mitigat

PNG to allow a 50-south half of the Soconditions. This mitbeen included as a(Appendix A, Table 

P1-105 Refer to response t

P1-106 Refer to response t
Letter P1 Continued Responses 

10-41

P1-107 P1-108 P1-109 

P1-110 

P1-111 

Resource Recommended Mitigation Revised Information/Comment 

SOIL-7: In areas where topsoil has not been removed, rutting from construction activities shall not exceed 4 inches on all federal lands, with the exception of the PNG where the rutting restriction is 3 inches. If rutting exceeds these depths, it shall be considered excessive and operations halted until conditions are dry. If conditions do not improve, Overland Pass shall consult with the applicable federal agencies to determine if alternate topsoil removal techniques may be employed to alleviate rutting concern. 

In some instances, wet conditions may clear up quickly allowing for construction activities to resume. However, is it less likely that winter conditions which may cause excessive rutting will clear up given the timing of construction? Therefore, OPP requests that its EIs begin discussions regarding alternate topsoiling methods with CMs within 24 hours of these situations, rather than waiting for conditions to clear up in an effort to keep construction activities moving. 

SOIL-8: Prior to preparation of the final POD, Overland Pass shall consult with the federal land management agencies to obtain detailed soil inventory information that will be used to fine-tune the proponents site-specific reclamation and revegetation plans. Sitespecific changes and mitigation measures shall be incorporated by RP into the Construction, Reclamation, and Revegetation Plan. The changes shall be incorporated directly into the text of the final POD or made an addendum to the final POD for the project. 

OPP is committed to meeting with agency Soil Specialists during the summer of 2007 to fine tune its proposed seed mixes on federal land as amend, as appropriate, in its Plan of Development. 

SOIL-9: On the PNG, the entire length of the working side of the ROW shall be ripped to the depth of compaction using the required compaction reduction tool, equipped with winged shanks (Figure 4.4-3). 

Accepted as written. 

SOIL-10: On the PNG, certified weed-free straw or hay mulch shall be crimped in at a rate of 1.5 tons/acre. 

Accepted as written. 

SOIL-11: Overland Pass would test for compaction at regular intervals no less than every 0.25 mile on the working side of the ROW. Where the soil has a 15 percent increase in bulk density from the average undisturbed density, mitigate for compaction by ripping to the depth of compaction with a ripper or subsoiler. 

Accepted as written. 

P1-107 At the request of th

unchanged and appOverland Pass may within 24 hours for 

P1-108 At the request of th

unchanged and app

P1-109 Refer to response t

P1-110 Refer to response t

P1-111 Refer to response t
Letter P1 Continued Responses 

10-42

P1-112 P1-113 P1-114 

Resource Recommended Mitigation Revised Information/Comment 

Water Resources 

Surface Water WATER-1: To minimize impacts, all 

waterbodies (regardless of size and flow) and wetlands on federal lands shall have an approved crossing structure consisting of either a temporary culvert, rock fill, or equipment bridge. One pass of clearing equipment and equipment for installation of a bridge shall be allowed across the waterbody or wetland. 

The requirement to bridge, mat, or fill all waterbodies and wetlands on federal lands, regardless of the condition of the waterbody or wetland, is onerous. Overland Pass does not agree that hauling in fill to create roads across wetlands is needed. Industry best management practices have been proposed. OPP believes that its Stream Crossing and Wetland Protection Plan and POD provide sufficient protections for the banks of waterbodies. For example, Overland Pass proposes that waterbodies greater than 30 feet wide and are flowing, or contain standing water at the time of construction will have an appropriate crossing structure for construction equipment. Temporary culverts, rock fills, or equipment bridges could be used. 

WATER-2: Power washing of equipment with 

water shall be required after equipment crosses perennial streams to avoid transfer of whirling disease, parasites, or nuisance organisms. 

Since OPP has agreed to bring equipment onto each of its construction spreads clean (as related to weed control), and install wash stations at the state lines, OPP is of the opinion that this effort will minimize the possibility of transfer of disease and nuisance organisms. Correspondence with the Wyoming Game and Fish Department (see provided phone log 08/07/2006) determined that although not many streams crossed by the pipeline were likely to be infected by whirling disease, not all streams have been tested. Additional consultation is required to determine which perennial streams will need this mitigation. OPP will provide the BLM a list of streams flagged for whirling disease following further consultation. Wyoming Game and Fish stated that if the disease is not present in the streams crossed by the project, than OPP will only be required to ensure that equipment is chlorine washed before bringing it to the construction site. WGFD stated that if a perennial stream has tested positive for whirling disease, than OPP will be required to power wash equipment with chlorine and remove all mud and debris after coming into contact with the infected water. OPP asks that the BLM confirm WGFD's claim that chlorine water discharge is allowed in upland areas if the water will not return to a riparian area or a waterbody. OPP also requests BLM consider the effectiveness of compressed air and manually removing vectors such as vegetation and soil from equipment. 

WATER-3: No chemical or biological additives 

shall be allowed during hydrostatic testing unless approved by the appropriate agency responsible for the NPDES permit. 

Accepted as written. 

P1-112 WATER-1 has bee

of this measure. Mi

P1-113 WATER-2 has bee

issues and concernMitigation has been 

P1-114 Refer to response t
Letter P1 Continued Responses 

10-43

P1-115 P1-116 P1-117 P1-118 

Resource Recommended Mitigation Revised Information/Comment 

WATER-4: When water is withdrawn from 

surface water sources (e.g., for dust control or hydrostatic testing), Overland Pass shall utilize a filter with a mesh size screen that would prevent entrainment and impingement of aquatic organisms. 

Overland Pass requests BLM revise this condition to reflect the proposed, realistic mitigation. In response to BLM's concern that water intakes will impinge or entrain aquatic organisms, Overland Pass proposes to use a mesh screen size of 1/2 inch to 1 inch mesh, while maintaining adequate flow to the water pumps and an approximate cross-screen flow velocity of 1000gpm or 3000gpm depending on river flow at time of use. OPP would also like to clarify that it does not intend to use surface waters for dust control. 

WATER-5: Although the playas and ponds to 

be crossed have no perceptible flow, Overland Pass shall use construction techniques applicable for flowing waterbodies when playas and ponds are crossed. 

Construction will not encounter this situation. OPP did not identify any playas or ponds that would be crossed by the OPP project. 

WATER-6: During wet ditch crossings, 

streambed spoil shall be removed and subsequently restored to retain the natural bed materials of the streambed. Under no circumstances shall foreign substrate materials (e.g., introduced gravel) be used to back-fill a channel crossing, unless they are native to the immediate locale and mimic the natural bed material. This practice shall apply to both perennial, intermittent, and ephemeral channels on federal lands. 

Accepted as written. 

WATER 7: On federal land, Overland Pass shall reduce the total construction ROW width to 60 feet in riparian and wetland areas. 

OPP would like to reiterate its objection to a reduction of workspace to 60 feet through wetland and/or riparian areas. Please refer to data responses 59 and 325 (08/31/06) which address why the right-of-way can not be narrowed in these areas. To reduce the construction right-of-way to 60 feet wide increases the likelihood that the trench width will become too wide relative to the construction ROW for equipment and personnel to work safely around the trench. There is a minimum amount of space needed for the trench, adjacent spoil storage and adjacent construction equipment travel and working space. If the right-of-way width were to be reduced to 60 feet wide, it would require additional ATWS's at the wetland boundaries for spoil storage. 

P1-115 The USFWS comm

recommended a msalmonid fry and 0.salmonids. The rec“appropriate mesh present.” The papeFish Screen GuidelOceans 1995) has in designing the intMitigation has been WATER-3 in the Fi

P1-116 These playas and/o

identified as lakes. to be dry lake beds active perennial infmodified throughoulakes. This mitigatioappears as WATER

P1-117 Refer to response t

P1-118 Refer to response t

retained as written 
Letter P1 Continued Responses 

10-44

P1-119 

Resource Recommended Mitigation Revised Information/Comment 

WATER 8: Overland Pass shall consult with appropriate state and federal agencies (USFWS and others) before discharging hydrostatic test waters directly into surface waterbodies. Agency recommendations shall be implemented prior to such direct discharges, which as Overland Pass proposes, would be made to the waterbody of origin where the surface water was withdrawn. Test water that is not discharged directly to surface waterbodies shall be discharged onto stable upland locations near the point of withdrawal, or sprayed on level or nearly level croplands as irrigation water. Irrigation water applications shall be done in coordination with landowners as proposed. Stable upland areas shall have slopes less than 10 percent, be minimally susceptible to sheet and rill erosion by having suitable soil and abundant vegetation, and be large enough to provide adequate infiltration while avoiding concentrated flow on land surfaces. Such areas shall be at least 200 feet away from active gullies or other channels. Hydrostatic test water shall not be disposed of via wells or other means of groundwater injection. 

Accepted as written. P1-119 Refer to response t
Letter P1 Continued Responses 

10-45

Resource Recommended Mitigation Revised Information/Comment 

WATER-9: Prior to construction of the 

proposed open cut crossing at the Green River, Overland Pass shall further investigate the channel materials and flood hydrology conditions at the crossing location. Subsequently, the site-specific crossing plan shall be modified to ensure sufficient pipeline burial and crossing stability with regard to the anticipated total scour depth under conditions of the 100-year, 24-hour flood on the localarea watershed (between the crossing site and Fontenelle Reservoir) plus a corresponding flow release from Fontenelle Reservoir. The pool elevation at Flaming Gorge Reservoir may be approximated for appropriate seasonal conditions to account for the effects of reservoir backwater on flow conditions at the proposed crossing reach. Overland Pass shall use accepted methods and equations to estimate the anticipated scour depth and necessary factors of safety. Overland Pass shall then review its current proposed sitespecific crossing plan for the Green River, and in coordination with the USFS, USFWS, and other agencies as appropriate, plan and implement any modifications necessary to: a. Reasonably ensure that the pipeline would not be exposed during the design flood event, either through sufficient burial depth, selection and placement of well-graded backfill, or a combination of control methods; b. Minimize erosion, turbidity, and sedimentation during and after construction; c. Minimally obstruct fish passage during and after construction. d. Reclaim the site (and all adjacent disturbed areas), such that: 1) The channel bed and banks are stabilized using appropriate materials and construction techniques; 2) Recreational aesthetics are maintained or improved; and 3) All debris and spoils are disposed of appropriately. 

Overland Pass has consulted the USFS regarding the previously-completed scour analysis and crossing plans. OPP has satisfied requirements for scour analysis from the USFS. Overland Pass will provide a copy of letter from USFS to Overland Pass (04/19/2007). OPP has agreed to implement the requested ATWS construction methods recommended in the letter. 

P1-120 Text in the docume

completed scour anwith agreement to ithe Green River. Wmitigation measure

P1-120 
Letter P1 Continued Responses 

10-46

P1-121 P1-122 

P1-123 

P1-124 P1-125 

Resource Recommended Mitigation Revised Information/Comment 

Groundwater GW-1: Groundwater pumped and discharged 

aboveground for construction purposes shall meet agricultural water quality standards in the respective states and/or districts where it is discharged. 

Accepted as written. 

GW-2: When groundwater is observed during construction (e.g., sites requiring dewatering due to groundwater, saturated wetlands), permanent trench breakers shall be installed to prevent unintentional transport of groundwater by the pipeline trench. 

Accepted as written. 

GW-3: Overland Pass shall conduct additional field surveys prior to construction to ascertain the existence and location of any flowing wells within 500 feet of the construction ROW. If any flowing well occurs within this distance of the ROW, their general hydrogeologic setting shall be further investigated, the need for porous trench backfill shall be implemented as necessary to avoid the obstruction of groundwater flow to the well. 

Additional “flowing well” surveys have not been previously agreed upon. Desktop reviews and surveys have been conducted already for wells and springs. On August 28, 2006, OPP provided a comprehensive table of water wells to BLM which document all existing water wells within 500 feet of the proposed pipe centerline. Additionally, OPP consulted each affected landowner regarding water well locations (existing or planned) during the pipe routing phase of the project 

GW-4: If a pipeline rupture occurs within 500 feet of a groundwater supply source (well or spring), Overland Pass shall immediately notify the owner of the source, and shall comply with any mitigation and/or monitoring provisions reached through agreements with the source owner and appropriate regulatory agencies. 

Accepted as written. 

Floodplains, Wetlands and Riparian Areas 

Wetlands and 

Riparian 

Areas 

Mitigation measures GW-1, GW-2, VEG-1, and WATER-7 describe mitigation measures to minimize impacts to riparian areas and wetlands. 

 Accepted as written except for WATER-7. Please see our response to WATER-7. 

P1-121 Refer to response t

P1-122 Refer to response t

P1-123 Text has been mod

eliminated as a mit

P1-124 Refer to response t

P1-125 Refer to responses 
Letter P1 Continued Responses 

10-47

P1-126 P1-127 

P1-128 

P1-129 

Resource Recommended Mitigation Revised Information/Comment 

Vegetation VEG-1: To minimize impacts to waterbodies, 

wetlands, and riparian areas, Overland Pass shall set back TWAs a minimum distance of 50 feet from the edge of waterbodies, wetlands, or riparian areas, whichever distance would provide the greatest protection. The distance shall be measured from the water bank of the waterbody, the margin of a wetland, and the exterior edge of a riparian area. In addition, erosion and sediment control measures, including but not limited to, silt fence, straw bales, berms, water bars, and mulching shall be installed around each TWA to prevent soil movement into the nearby sensitive area. Riparian areas form a transition between permanently saturated wetlands and upland areas and are typically associated with waterbodies (see Glossary). 

In its CMR Plan, OPP proposes to construct through riparian areas utilizing the same techniques and mitigation measures as it will employ for wetlands. Although the requirement to place TWS 50 feet from the exterior edge of a riparian area would likely result in a request for more TWS, OPP would be willing to adopt these measures when crossing riparian areas on federal lands. WEST identified one riparian area on BLM land at MP 195.5 (based on 20% dominance of woody vegetation that is FAC or greater criteria). But it was not run by BLM who did not give us a clear definition of what they considered a riparian area. Overland Pass has agreed to 50 foot setbacks from wetlands on federal lands. On federally-managed lands, Overland Pass will locate all extra workspace areas (such as staging areas and additional spoil storage areas) at least 50 feet away from water's edge of perennial and intermittent waterbodies that are flowing at the time of construction. On non-federally-managed lands, Overland Pass will locate all extra workspace areas at least 10 feet away from the water’s edge of perennial and intermittent waterbodies that are flowing at the time of construction, unless site-specific conditions require further setback. On nonfederally-managed land, all equipment is parked overnight and/or fueled at least 100 feet from a waterbody or in an upland area at least 100 feet from a wetland boundary; 200 feet from private water wells; and 400 feet from public water supply wells. And on federally-managed land, all equipment is parked overnight and/or fueled at least 500 feet from a waterbody or water wells or in an upland area at least 500 feet from a wetland boundary. 

Noxious 

Weeds and 

Invasive 

Species 

VEG-2: Only certified weed-free straw bales shall be used to construct sediment control devices or used mulch applications. Hay bales shall not be used for mulching or erosion control, except as approved as on the PNG (see also SOIL-10). 

Accepted as written. 

VEG-3: Seed mixes shall be tested for viability to ensure that desirable seed viability exceeds 95 percent. Seed mixes shall have a certified content that contains 0 percent noxious weeds. 

Accepted as written. 

VEG-4: Overland Pass shall continue to monitor and control invasive plant species and noxious weeds along the ROW for the life of the project. 

As stated in its Weed Control Plan (see page 10), OPP is committed to making a good faith effort in monitoring and controlling invasive plant species and noxious weeds along the right-of-way for the life of the project. 

P1-126 Refer to responses 

Mitigation measure 

P1-127 Comment noted. B

Overland Pass, the measure has been applicant-committe

P1-128 Refer to response t

P1-129 The BLM feels that 

defined. Mitigation VEG-2 in the Final 
Letter P1 Continued Responses 

10-48

P1-130 P1-131 P1-132 

Resource Recommended Mitigation Revised Information/Comment 

Wildlife, Aquatic Resources, Special Status Species 

Wildlife WILD-1: The duration a trench is open shall be 

limited to 10 days from RP 0 to RP 110 on federal land administered by the BLM Kemmerer and Rock Springs field offices. 

“The duration a trench is open shall be limited to 10 days from RP0 to RP110 on Federal Land...” As similarly stated for SOIL-1, this condition has the potential to double the length of construction from 73 days to 143 assuming slower progress due to winter conditions (October 1 start). Furthermore, progress could slow up to 40% of Overland Pass' anticipated construction pacing adding 40 to 50 million dollars to the overall construction budget which would ultimately get passed on to the consumers. Adding three months to the schedule could delay revegetation activities and cause sedimentation problems. Overland Pass would like to take this opportunity to point out that while shorter projects in southwestern Wyoming are required to employ this limitation, they often do not gear up for higher efficiency construction schedule due to shorter distances. Moreover, the Overland Pass Project will require a trench that is half as deep and wide as that which was required for the Entrega Project. Overland Pass requests that agency CMs and Overland's EIs work in concert during construction to determine areas where wildlife migration through the project area may require open trench limitations, if any. 

WILD-2: The pipeline and pipeline trench shall be inspected on a regular basis during construction and immediately prior to backfilling to identify entrapped animals. Wildlife found in trenches during construction shall be coaxed to the nearest ramp and either be encouraged to exit the trench, removed by hand, or trapped (if other methods are unsuccessful). If any animal in the trench is determined to be a special status species, only authorized individuals shall be allowed to remove it from the trench. 

Accepted as written. Please clarify that the "authorized individual" is the Resource Monitor authorized by Overland Pass. 

WILD-3: If construction occurs during migratory bird breeding seasons, Overland Pass shall consult with the BLM and the USFWS and prepare a plan to mitigate construction impacts to nesting migratory birds. 

Accepted as written. 

P1-130 At the request of th

remains unchangedwhere trenching wiOverland Pass may measure on a case

P1-131 Text has been mod

comment P1-103. 

P1-132 Refer to response t
Letter P1 Continued Responses 

10-49

P1-133 P1-134 P1-135 P1-136 P1-137 

Resource Recommended Mitigation Revised Information/Comment 

WILD-4: Overland Pass shall consult with the USFWS and BLM to develop mitigation measures to avoid or minimize blasting impacts on nesting birds. Prior to blasting, a report specifying the specific or locations (by RP) where blasting would occur, known raptor and other migratory bird nest locations within the general vicinity of the blasting, and mitigation measures that would be implemented to minimize impacts on nesting birds shall be filed with the BLM for approval. 

Accepted as written. 

WILD-5: Overland Pass shall implement a mandatory employee education program for all construction personnel to minimize wildlife impacts and vehicle collisions during project construction. 

Accepted as written. 

WILD-6: Overland Pass shall comply with the spatial and timing buffers for raptors identified in the applicant-committed measures with the exception of lands administered by the PNG where the timing restriction component would extend from February 1-July 31. 

Overland Pass' consultations with the PNG indicate that the PNG's restrictions begin March 1 and end June 30. 

Aquatic 

Resources 

WILD-7: The Green River crossing shall be constructed between October 16 and November 20, which would minimize impacts to the spawning movement of kokanee salmon (first run fish). 

The Green River shall be constructed between October 16 and November 20... This timing mandate may be impossible if the permit is delayed beyond October 1, 2007. 

Special Status 

Species 

SSS-1: If crossing of suitable habitat for Prebles meadow jumping mouse occurs during the breeding season (June or July), captured adults shall be released at the trap site and followed to attempt to determine if they have young in a nest. If a nest is located within the ROW, a decision shall be made to move the ROW and avoid the nest or delay the crossing until late July when the young should be mobile and able to be trapped and moved from the immediate area. 

Consultations with the FWS determined appropriate mitigation measures for preble's meadow jumping mouse would include having a biologist walk in front of equipment in suitable habitat, until vegetation was removed and silt fence installed to avoid impacts to individuals (also see CMP mitigation measures identified in the other column) . Having to move the right-of-way or rerouting the pipeline route during active construction is not a feasible option. This implies or will require trapping. For Entrega it was a clearing effort (biologists walking ahead of equipment until vegetation was removed and silt fence installed, per the Biological Opinion). If construction is done in these areas within the timeframes identified, this will be problematic. 

P1-133 Refer to response tP1-134 Refer to response t

P1-135 The PNG has agre

WILD-6 has been e

P1-136 This mitigation mea

the construction winmodified and appea

P1-137 Refer to response t

modified to read: "Idecision shall be mentire ROW..." 
Letter P1 Continued Responses 

10-50

P1-138 P1-139 P1-140 P1-141 P1-142 

Resource Recommended Mitigation Revised Information/Comment 

SSS-2: In suitable habitat for Prebles meadow jumping mouse, the width of the ROW shall be reduced to 60 feet. 

These restrictions will slow construction and raise safety issues for large equipment working and passing on narrow right-ofway. Overland Pass would not accept this proposed mitigation. Overland Pass' proposed mitigation is borrowed from the mitigation plans for a recent pipeline construction project and was acceptable to the BLM and USFWS for that project. 

SSS-3: The ROW width shall be reduced to 60 

feet within 2 miles of identified sage grouse leks. 

These restrictions will slow construction and raise safety issues for large equipment working and passing on narrow right-ofway. The biological benefit would be negligible. Overland Pass would not accept this proposed mitigation. Overland Pass' proposed mitigation is borrowed from the mitigation plans for a recent pipeline construction project and was acceptable to the BLM and USFWS for that project. 

SSS-4: Construction and maintenance shall 

not occur within 2 miles of a sage grouse lek from March 1 through July 15, between the hours of 8 p.m. to 8 a.m. from RP 42.9 to RP 110.4 on lands administered by the BLM Rock Springs Field Office. 

Accepted as written. 

SSS-5: Construction and maintenance shall not occur within 656 feet of identified mountain plover concentration areas between April 1 and June 30. 

Accepted as written. 

SSS-6: If an active mountain plover nest is observed, planned development activities shall be delayed at least 37 days from the date the nest is observed or 1 week post hatching. 

See comments for SSS-5.Given the revised construction start schedule (October 1), Overland Pass does not anticipate this condition affecting the project. 

P1-138 Refer to response tP1-139 SSS-3 has been el

P1-140 Refer to response t

modified to include 

P1-141 Refer to response t

modified at the requ

P1-142 Language from SS

committed mitigatioeliminated as a mit
Letter P1 Continued Responses 

10-51

P1-143 P1-144 

P1-145 

P1-146 

Resource Recommended Mitigation Revised Information/Comment 

SSS-7: In midget faded rattlesnake habitat identified during survey efforts (WEST 2006b), construction on south- and east-facing slopes shall be avoided by a distance of 100 feet and by a distance of 500 feet on north-end westfacing slopes. Avoidance of these habitat areas would require re-routing 

OPP conducted habitat surveys for the midget-faded rattlesnake in 2006 and provided the survey results to BLM for review in December of 2006. Fourteen potential habitat sites were located during the surveys and no nest sites were located. OPP located two sites where this stipulation would be applicable (Overland Pass will provide a copy of location maps) on federal land. BLM has maintained that no further cultural resource reports should be submitted on the current schedule and project alignment, which OPP has agreed to. To reroute away from these locations, as specified, would require moving the project out of areas where cultural resource surveys have resulted in no adverse impact to historic properties. Furthermore, there are several other locations in these areas where potentially suitable habitat is present. Therefore, OPP requests conducting a field visit to these two locations with the BLM Rock Springs Biologist to determine the presence or absence of the midget-faded rattlesnake, and will commit to having qualified biological monitors present during construction activities at these locations. 

SSS-8: Trees felled and brush cleared within 200 feet of the proposed Big Creek crossing (RP 670) shall piled in a stack(s) adjacent to the existing riparian area to restore/increase habitat for the eastern spotted skunk. 

Accepted as Written. 

SSS-9: If there is perceptible flow within Bitter Creek at the time of crossing, Overland Pass shall use a dry crossing method (dam-andpump or flume method) to protect the flannelmouth sucker populations. 

Recent correspondence with WY Game and Fish (Overland Pass will provide a copy of the 04/05/07 phone log) said the native species of concern near the proposed pipeline actually occur in waters near the town of Bitter Creek. The town of Bitter Creek is approximately 3000 feet (0.6 miles, 0.9km) north northwest of the pipeline waterbody crossing at Bitter Creek. 

SSS-10: Per the recommendation of the CDOW (Swigle 2006c), Overland Pass shall avoid construction across the North Fork of the Republican River between May 31 and August 1 to avoid direct impacts to spawning and young stonecat. 

Accepted as written. 

P1-143 Overland Pass con

at the nine potentiaadditional mitigation been eliminated fro

P1-144 Refer to response t

P1-145 Flannelmouth suck

throughout Bitter Cdepths are availablstated and appears 

P1-146 Refer to response t
Letter P1 Continued Responses 

10-52

P1-147 P1-148 P1-149 P1-150 P1-151 

Resource Recommended Mitigation Revised Information/Comment 

Land Use and Aesthetics 

LAND-1: Permits required for installation of the pipeline underneath existing public roads and, as needed, to transport equipment shall be obtained prior to construction. For open-cut road crossings, Overland Pass shall attempt to: Maintain at least one lane of traffic open with detours around construction; Provide plating over the open portion of the trench; or Use other suitable methods when open cutting a road. 

Accepted as written. 

LAND-2: If a construction method requires a road to be closed for up to 24 hours, Overland Pass shall develop a detour for public traffic to bypass the construction area. Overland Pass shall provide a detour for vehicle traffic on CR 437 along the North Platte River for the duration of the open cut river crossing. 

Accepted as written. 

LAND-3: Overland Pass shall require the construction contractor to post caution signs on roads, where appropriate, to alert motorists of pipeline construction and warn them of slow traffic. Traffic control measures such as traffic control personnel, warning signs, lights, and barriers shall be used during construction to ensure safety and to minimize traffic congestion. 

Accepted as written. 

LAND-4: Pipe trucks transporting pipe joints and low boys hauling heavy equipment shall travel with flashing yellow caution lights in accordance with state law. The construction contractor shall employ traffic control personnel as required by State DOT safety requirements for use on paved roads during equipment crossings to ensure safe passage of local traffic. 

Accepted as written. 

LAND-5: Construction vehicles shall follow posted speed limits on rural county roads and highways and follow a 25 mph speed limit on the project roads. Speeds shall be reduced to 10 mph below posted limits on highways when traveling at night. 

Accepted as written. 

P1-147 Refer to response tP1-148 Refer to response tP1-149 Refer to response tP1-150 Refer to response tP1-151 Refer to response t
Letter P1 Continued Responses 

10-53

P1-152 P1-153 P1-154 P1-155 P1-156 P1-157 

Resource Recommended Mitigation Revised Information/Comment 

LAND-6: Overland Pass shall implement the following measures to reduce traffic congestion and roadside parking hazards: Project personnel shall exercise caution when commuting to and from the construction area to minimize the potential for accidents, and local speed limits shall be enforced. Overland Pass shall provide the construction contractor with an equipment yard to be used as a primary parking area for employee personal vehicles. Personal vehicles shall not be allowed within the construction ROW or along roadsides near the ROW. The construction contractor shall provide buses for transporting workers that do not require personal vehicles to the work site from the yard. 

Accepted as written. 

LAND-7: Overland Pass shall require its construction contractor to comply with local load weight restrictions when using existing public roads and crossing public bridges to prevent road and bridge damage. 

Accepted as written. 

LAND-8: The construction contractor shall be directed to remove soil left on the road surface by equipment crossings. At the end of each workday, mats or other appropriate measures (e.g., sweeping) shall be used to reduce deposition of mud and soils on public roads and highways. 

Accepted as written 

LAND-9: Where culverts are required to improve a Class-B access road at stream crossings, these culverts shall be of adequate size to accommodate storm runoff as required by federal, state, or county road permits, and of sufficient strength to support construction and maintenance equipment. All temporary culverts shall be removed from the stream crossing after construction. 

Accepted as written. 

LAND-10: Overland Pass shall notify landowners prior to the start of construction adjacent to a residence. 

Accepted as written. 

LAND-11: Overland Pass shall maintain traffic flow and emergency vehicle access on roadways with traffic control personnel or detour signs where necessary. 

Accepted as written. 

P1-152 Refer to response tP1-153 Refer to response t

P1-154 Refer to response t

P1-155 Refer to response tP1-156 Refer to response t

P1-157 Refer to response t
Letter P1 Continued Responses 

10-54

P1-158 P1-159 

P1-160 

P1-161 P1-162 

Resource Recommended Mitigation Revised Information/Comment 

LAND-12: Overland Pass shall backfill and restore in residential areas as soon as possible, and fence off or plate sections of trench left open near residences at the end of the construction day. 

Accepted as written. 

LAND-13: Overland Pass shall periodically inspect road surfaces near residences and, if necessary, clean street surfaces and wet exposed soil to prevent generation of fugitive dust. 

Accepted as written. 

Aesthetics VISUAL-1: Downward shield lighting or low 

profile lighting, and motion sensors shall be used at all facilities to minimize nighttime visual effects. 

Accepted as written. 

VISUAL-2: MLVs located on the PNG shall be painted in earth tones with a matte finish and the site shall not be graveled. In addition, fences around the MLVs on the PNG shall be barbed wire similar to livestock fences in the area. 

Accepted as written. 

Cultural Resources 

ARCH-1: To minimize unauthorized collecting of archaeological material or vandalism to known archaeological sites, Overland Pass and their contractors, and all construction personnel, shall attend mandatory training and be educated on the significance of cultural resources and the relevant federal regulations intended to protect them. 

Accepted as written. 

P1-158 Refer to response tP1-159 Refer to response t

P1-160 Refer to response t

P1-161 Refer to response tP1-162 Refer to response t
Letter P2 Responses 

10-55

P2-1 P2-2 P2-3 P2-4 P2-5 P2-6 P2-7 

Overland Pass Pipeline Company LLC 

Errors & Omissions Noted in the BLM's Overland Pass Pipeline Natural Gas Liquids 

Pipeline Draft Environmental Impact Statement 

Section Page Paragraph Revised Information/Comment 

ES ES-1 Throughout 

document 

Please replace “Copper Ridge” with Cooper Ridge in all instances in this document. 

ES ES-2 7 No water will be withdrawn from the storage ponds. It will be withdrawn 

from water wells. 

ES ES-11 4 "Deposits" is misspelled. 

1.0 Purpose and Need 

1.4.5 1-7 2 Overland Pass will design and construct its proposed facilities in 

accordance with Title 49 CFR Part 195 Transportation of Hazardous Liquids by Pipeline and will operate its proposed system in compliance with the OPS national integrity management program. Under the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481) and the Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129), the USDOT Transportation Secretary is given primary authority to regulate key aspects of interstate pipeline safety: design, construction, operation and maintenance, and spill response planning. Title 49 of the Code of Federal Regulations contains pipeline safety regulations. The USDOT administers pipeline regulations through the Office of Pipeline Safety (OPS) within the Pipelines and Hazardous Materials Safety Administration (PHMSA)” Source: CRS Report for Congress, Order Code RL33347 Pipeline Safety and Security: Federal Programs), April 5, 2006, Paul W. Parfomak accessed via the web April 18, 2007 http://digital.library.unt.edu/govdocs/crs//data/2006/upl-meta-crs8993/RL33347_2006Apr05.pdf 

1.4.5 1-7 3 It is Overland Pass’ understanding that 49 CFR 194, which only applies to 

onshore oil pipelines, is not applicable to Overland Pass. 

2.0 Alternatives Including The Proposed Action 

2.2.1.1 2-7 Pigging Facilities Launcher at MP 447.8 should be MP 447.9 in Yuma County, Colorado. 

3.0 Affected Environment 

3.4.1 NA NA Please note Section 3.4 evaluates soils along the route in miles, but 

Section 4 discusses acreages. 

P2-1 Depending on the map b

either “Copper Ridge“ or modified to note this whe

P2-2 Text has been modified t

information provided by O

P2-3 Text has been modified a

P2-4 Text has been modified tP2-5 Text has been modified a

P2-6 According to the latest in

with their comments dateRP 447.8 in Washington unchanged. 

P2-7 The BLM prefers to discu

values (Chapter 4) in termimpacts in terms of acres
Letter P2 Continued Responses to 

10-56

P2-8 P2-9 

P2-10 P2-11 P2-12 P2-13 P2-14 P2-15 P2-16 P2-17 P2-18 

Section Page Paragraph Revised Information/Comment 

3.4.1 3.4-2 to 

3.4-9 

NA MLRA’s are from the old SCS Hbk. 296. The most recent copy of Hbk. 

296 (NRCS, 2006) contains more detail and uses a slightly different convention referring to individual MLRAs. Climate mean precipitation and temperature ranges) are examined in detail, and should be provided in this discussion. 

Table 3.4-1 

& 3.4-2 

3.4-3 to 

3.4-4 

NA Tables provide mileage summaries for soil features and break them down 

by “Federal” and “Other” categories separated by county, state, and project. However, there are no overall mileage totals (by county, state, and project) to compare individual values to. This makes it very difficult to compare Sections 3.4 and 4.4 (which uses acreages). Note: Topsoil depth and Slope Class sum to the project total (~760 miles). 

3.4 NA NA SENSITIVE SOILS DISCUSSIONS: Several soil limitations have 

significant climatic components that are not discussed. For example, compaction prone soils are not compaction prone if dry, and drought affected soils are far more affected by aspect in the arid west. Fine textured soils on south-facing slopes can be very droughty. Similarly, sandier soils on north facing slopes can be more mesic. 

3.5.1.1 3.5-6 Table 3.5-3 We found that Salt Creek and Calf Creek are not impaired; Beaver Creek 

is at MP 531.5 

3.5.1.1 3.5-9 1 The last sentence should read “In Kansas, two surface water intakes ...” 

3.5.1.1 3.5-9 2 In the last sentence under “Sediment Quality,” the word “will” should be 

inserted between the words sediments and occur. 

3.5.1.2 3.5-11 Table 3.5-5 EIR3 aquifers listed are not the same as presented here. 3.5.1.2 3.5-16 Table 3.5-6 Under Table 3.5-6, spell out what KGS stands for (for consistency). 3.5.1.2 3.5-16 2 Third sentence should read “Designated groundwater basins along the 

proposed route in Colorado........” 

3.5.1.2 3.5-16 3 First sentence should read “In Kansas, managed groundwater resource 

areas are controlled through management districts. Third sentence should read “Similar to the basin management program in Colorado, ...” 

3.5.1.2 3.5-17 2 Second to last sentence – capitalize Casper Aquifer 

P2-8 The additional text would 

substantially, nor will it chunchanged. 

P2-9 Refer to response to com

P2-10 Sensitive soils were discu

proposed line will be on mAspect should not affect Compaction-prone soils adiscussed in detail in the 

P2-11 Updated versions of the w

(Appendix H in the Final Pass and the text has be

P2-12 Text has been modified a

P2-13 Text has been modified a

P2-14 EIR3 aquifers listed are t

they are presented in greThe more general EIR aqsubheadings in the leftmo

P2-15 Acronyms are spelled ou

document. Document hathis acronym and defined of this acronym is on pag

P2-16 Text has been modified a

P2-17 Text has been modified a

P2-18 Text has been modified a
Letter P2 Continued Responses to 

10-57

P2-19 P2-20 P2-21 P2-22 P2-23 P2-24 P2-25 P2-26 P2-27 P2-28 P2-29 P2-30 

Section Page Paragraph Revised Information/Comment 

3.5-8 3.5-20 Table 3.5-8 Wetland summary: WY PEM= 5.6, WY PSS= 0.5, WY total= 6.2; CO 

PSS= <0.1; KS PFO= <0.1; all total= 6.6 

3.5.1.3 3.5-20 1 For consistency with Corps of Engineers' filing, please change text to show 

6.6 miles crossed (as noted above) and total of 209 wetlands crossed. 

3.5.1.3 3.5-20 1 Last sentence in the continued paragraph state should be plural – states 

3.6.1.1 3.6-4 2 They identify some stream crossings that have riparian woodlands. The 

list does not appear to be complete, for example the South Platte is not included nor are the forested drainages in Kansas. See attached Table of Waterbody Crossings in Riparian Woodlands. 

3.7.1.1 3.7-2 4 The text says that the table includes timing restrictions, but it does not. 

3.7.1.1 3.7-2 5 Spelling mistake: representative. 

3.7.1.1 3.7-4 Table 3.7-3 Northern leopard frog, plains killifish, and plains topminnow are MIS 

species according to FWS, but these are not listed in the table. 

3.7.1.2 3.7-8 1 What is the reference for the last sentence? 3.7.1.2 3.7-8 to 

3.7-9 

 1 and 2 Spelling of Arikaree. 

3.7.1.2 3.7-9 6 Last sentence is not a complete sentence. 3.7.1.3 3.7-11 5 The two Colorado species of special concern: this is the first mention of 

these two species. 

3.7.1.3 3.7-12 5 Sensitive plant species communities: Colorado has been left out of this 

discussion paragraph altogether. OPP crosses the PNG which should be mentioned here (MP 336.7 to 356.0 and MP 371.5 to 387.1). 

P2-19 The numbers presented 

Overland Pass and have corresponding with all othuse presented throughou

P2-20 Refer to response to com

P2-21 Text has been modified a

P2-22 Text has been modified t

P2-23 The title and footnote of t

clarification. 

P2-24 Text has been modified a

P2-25 The PNG has determined 

to occur along the projecanalysis. This has been ndocument. 

P2-26 The reference, Cerovski 

end of the sentence. This Cited section. 

P2-27 A global search has been 

to correct the spelling of A

P2-28 The words, potentially oc

the end of the sentence. 

P2-29 These two species of spe

requested to be included Division of Wildlife. 

P2-30 Refer to response to com
Letter P2 Continued Responses to 

10-58

P2-31 P2-32 P2-33 P2-34 P2-35 P2-36 P2-37 P2-38 

Section Page Paragraph Revised Information/Comment 

3.8.1.1 3.8-2 2nd bullet It states that 72 acres of “hydric soils” would be crossed. This is confusing 

as “hydric soils” is one requirement for a wetland, and this is being discussed in regards to agricultural lands. Is it just the irrigated hay meadows? The use of hydric soil should be defined here. Also, in the state breakdowns for vegetation, the total miles of “hydric” soils is 9.0 miles, but table 3.6-1 has a total of 6.5 miles for wetlands. 

3.8.11 3.8-2 2nd bullet States several tracts are administered by the BLM in Colorado. Should 

this be USFS? 

3.8.1.1 3.8-2 4th bullet States 9.2 miles of forest land. Table 3.6-1 has 5.9 miles of forest. 

3.8.11 3.8-6 Bullet 1 This paragraph claims 2 commercial structures in Lincoln County, 2 

commercial structures in Sweetwater County, and 2 and 3 commercial structures in Albany and Carbon counties; respectively fall within 50 feet of the proposed pipeline route. This is contradictory to DEIS statement on pg 2-27. 

3.11-9 2 Please note that the distribution of tax revenues should be changed 

according to the tax revenues OPP reported in our DEIS comments for page 4.11-6, paragraph 2. 

4.0 Environmental Consequences 

4.3.1.4 4.3-6 4 The draft EIS references a “Paleontological Monitoring and Mitigation 

Plan.” That plan could be attached to the draft EIS as an appendix. 

4.3.1.4 4.3-7 2 The sentence should be revised to read, “Also, potential damage during 

operations and maintenance would be minimal since work would occur on previously disturbed ROW.” 

4.5.1.1 4.5-1 4 Site specific drawings now exist for major and sensitive waterbodies. 

P2-31 A hydric soil designation 

saturation, flooding, or poanaerobic conditions in thagricultural lands hydric sThis information was provtiles may be located. 

The hydric soils data was 

based). Although the preindicative of a wetland, nassociated with wetlandson GAP data and aerial pbased), which is the apprsection. Text remains un

P2-32 Text has been modified a

P2-33 The 9.2 miles represents 

value 5.9 miles in Table 3These numbers are not inTable 3.8-3 for a summaremains unchanged. 

P2-34 Structures listed on page 

are commercial structurein regard to residential st

P2-35 Data has been verified w

Overland Pass and text h

P2-36 Only frequently reference

appendices to the EIS. Tfor all other project-speci

P2-37 Text has been modified a

P2-38 Sentence has been revis

exist for all major and sen
Letter P2 Continued Responses to 

10-59

P2-39 P2-40 P2-41 P2-42 P2-43 P2-44 P2-45 P2-46 P2-47 P2-48 P2-49 P2-50 P2-51 P2-52 

Section Page Paragraph Revised Information/Comment 

4.5.1.1 4.5-2 2 Hydrostatic test plan is Appendix A, not C as shown. 

4.5.1.1 4.5-2 3 spelling: refueling. 

4.5.1.1 4.5-3 1-2 Please acknowledge the Corps of Engineers and associated State Water 

Quality Certification so that readers unfamiliar with regulations understand that lack of BLM jurisdiction does not mean there is no regulation or protection for these waterways. 

4.5.1.1 4.5-4 7,8 Dates for hydrostatic testing are now between January and March 2008 

because of delayed construction start date (stream flows in January through March are not significantly different than previously calculated for November and December- data provided upon request). 

4.5.1.1 4.5-11 2 Please modify conclusions based on requested changes to WATER 

mitigation measures. 

4.5.1.1 4.5-12 4 The third paragraph under the heading “Analysis” mentions the SPCC plan 

and the paragraph under the heading “Dewatering” mentions the SWPPP. These documents could be attached in the appendices for the reader’s convenience. 

4.5.1.1 4.5-13 2 The second full paragraph references the “Blasting Plan.” A copy of this 

could be attached in the appendices. 

4.5.1.1 4.5-13 3 The first sentence under the heading “Hydrostatic Testing” – change the 

word “would” to “may.” 

4.5.3 4.5-17 1 In the parenthesis in the second sentence, remove the words “one” and 

“two.” 

4.7.1.1 4.7-2 Table 4.7-1 Colorado Pronghorn habitat should be referred to as “severe” not “crucial”. 

Federal land is equal to 46.3 acres and Non-federal lands are equal to 161.4 acres (Also, please change text in above table). 

4.7.1.1 4.7-3 1 The bald eagle nest at the South Platte River could be mentioned here. 

4.7.1.1 4.7.1.2 4.7.1.2 4.7.1.2 4.7.1.3 

4.7-3 4.7-7 4.7-8 4.7-9 

4.7-19 

4 6 4 2 2 

Numerous references are made throughout the wildlife impact analysis to project timing and its potential to overlap with wildlife breeding seasons, etc. Since the final ROD for this project will be released later than expected, the impact of such changes should be reflected in the final wildlife impact analysis. 

4.7.1.2 4.7-5 5 5th bullet: surface waters are only being used for hydrostatic testing and 

HDD. Surface water was not proposed for dust control. 

4.7.1.2 4.7-7 3 The Drat EIS refers the reader to Table 4.7-3, please also reference 

Table 4.7-2. 

P2-39 This comment is incorrec

Test Plan is Appendix C. 

P2-40 Text has been modified a

P2-41 Text has been modified t

quality certification regula

P2-42 Dates have been modifie

P2-43 Conclusions have been m

P2-44 Refer to response to comP2-45 Refer to response to comP2-46 The Hydrostatic Testing s

as Construction Water Us

P2-47 Text has been modified a

P2-48 The BLM has determined 

the route will be referred acreages have been revi

P2-49 The text has been revise

P2-50 The text has been revise

as appropriate. 

P2-51 Text has been modified b

Plan provided by Overlan

P2-52 Text has been modified a
Letter P2 Continued Responses to 

10-60

P2-53 P2-54 P2-55 P2-56 P2-57 P2-58 P2-59 P2-60 P2-61 P2-62 P2-63 P2-64 

Section Page Paragraph Revised Information/Comment 

4.7.1.3 4.7-11 2 The last reference should be to Table 4.7-2 not 3 (2 is for species, 3 is for 

habitat). 

4.7.1.3 4.7-14 1 The draft EIS references a “Conservation Measures Plan” for sensitive 

species. That plan could be attached to the EIS. 

4.7.1.3 4.7-14 1 The word “within” in the first clause of the third sentence should be 

changed to “with” so that the sentence reads, “In coordination with the BLM . . . .” 

4.7.1.3 4.7-19 1 Final sentence missing the word “flow.” 

4.7.1.3 4.7-20 4 The extra word “sizes” should be deleted from the first sentence so that it 

reads, “Appropriate size mesh would be used . . . .” 

4.7.1.3 4.7-21 1 The first sentence of SSS-1 should be revised to delete the word “of” and 

“occurs” so that it reads, “If crossing suitable habitat for Prebles meadow jumping mouse during the breeding season . . . .” 

4.7.1.3 4.7-22 3 In SSS-7, the word “north-end” should be revised to read “north- and.” 

4.7.1.3 4.7-22 7 The “Special Status Species Survey Plan” should be attached as an 

appendix and coordinated with FWS requirements made part of the BO. 

5.0 Cumulative 

5.2.4.1 5.2-5 5 Site specific drawing for Medicine Bow provides a detail of bank 

stabilization. 

5.2.6.2 5.2-7 Aquatic 

Resources 

States five streams will be open cut, but then lists seven. 

6.0 Unavoidable Adverse Impacts 

6.0 6-1 Table 6-1 Water Quality box – last sentence, “but if this occurs, it would be quickly 

mitigated.” 

9.0 Electric Powerlines 

9.1 9-1 2 In the fourth sentence, please insert the word “no” before “greater” so that 

the sentence reads, “The length of these connections would be no greater than 0.25 and 2.4 miles . . . “? 

P2-53 Text has been modified tP2-54 Refer to response to com

P2-55 Text has been modified a

P2-56 Text has been modified a

P2-57 Text has been modified aP2-58 The suggested changes 

sentence. Text remains u

P2-59 The text has been modifi

P2-60 Refer to response to com

P2-61 Text has been modified a

P2-62 The text has been modifi

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Letter P2 Continued Responses to 

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P2-65 P2-66 P2-67 P2-68 

Section Page Paragraph Revised Information/Comment 

9.2.1 9-3 2 These recommendations should be referenced to: 

Avian Power Line Interaction Committee (APLIC). 1996. Suggested Practices for Raptor Protection on Power Lines: The State of the Art 1996. Edison Electric Institute and the Raptor Research Foundation. Washington, D.C. The Edison Electric Institute’s Avian Power Line Interaction Committee (APLIC) and U.S. Fish and Wildlife Service (USFWS). April 2005. Avian Protection Plan (APP) Guidelines. 

Appendix A 

3, 4 NA These maps are a duplication. 

Appendix B 

16 17 27 

7 3 

6, 7 

Figure 18 is not contained in the DEIS. Figures 19 and 20 are not contained in the DEIS. Figure 25, Table 1.3.2-1 and Figures 26a through 26e are not in the DEIS. 

Appendix F 

F-1 F-5 

NA NA 

Hams Fork River at MP 0.9 should be 2AB not 3B. Tributary to Latham Draw at MP 139.7 should be 3B. 

Appendix G 

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P2-66 Refer to response to com

P2-67 The missing items are pa

Construction, Reclamatioagreement with Overland note appears in the Table reader to the POD on the 

P2-68 Text has been modified a
P3-1 

Letter P3 

10-62

Responses to Letter P3 

P3-1 Thank you for your comment. 
Letter P3 Continued 

P3-2 

P3-1 

P3-2 

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Responses to Letter P3 

Thank you for your comment. 
Letter P4 Responses to Letter P4 

Thank you for your comment. 

Please refer to key applicant-committed mitigation measures as listed in 

Appendix A, Table A-1, and BLM recommended mitigation measures as listed 

in Appendix A, Table A-2. 

P4-1 

P4-2 

P4-2 

P4-1 

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