Federal Energy Regulatory Commission March 2010 

Routing Code PJ 11.1 Docket Nos.: CP10-14-000; PF09-7-000 

Washington, DC 20426 FERC EIS 0235D 

Official Business 

Penalty for Private Use 

Draft Environmental Impact Statement Apex Expansion Project 

Docket Nos. 

CP10-14-000 

PF09-7-000 

FERC EIS 

No. 0235D 

March 2010 

Federal Energy Regulatory Commission

Office of Energy Projects 

Washington, DC 20426 

Cooperating Agencies 

APEX EXPANSION PROJECT 

Draft Environmental Impact Statement

Department of Interior 

Bureau of Land Management 

Department of Agriculture 

U.S. Forest Service 

Bureau of Reclamation 

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APPENDIX G 

NOXIOUS WEED CONTROL PLAN 

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KERN RIVER GAS TRANSMISSION COMPANY

Noxious Weed Control Plan

Kern River Gas Transmission

Apex Expansion Project

November 2009

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Table of Contents

1. Introduction ............................................................................................................1

1.1 Plan Purpose........................................................................................................... 1

1.2 Goals and Objectives .............................................................................................. 2

1.3 Project Description .................................................................................................. 2

2. NoxiOus Weed Inventory.......................................................................................3

2.1 Cooperative Weed Management Areas................................................................... 9

3. Noxious Weed Management................................................................................11

3.1 Identification of Problem Areas...............................................................................11

3.2 Preventive Measures..............................................................................................11

3.3 Post Construction Treatment Methods ...................................................................13

3.4 Agency-Specific Requirements ..............................................................................13

4. Monitoring.............................................................................................................15

4.1 Reclamation Monitoring..........................................................................................15

4.2 Monitoring of Known Infestation Areas ...................................................................15

5. Herbicide Application, Handling, Spills, Reporting and Cleanup .....................17

5.1 Herbicide Application and Handling........................................................................17

5.2 Herbicide Spills and Reporting ...............................................................................18

5.2.1 Worker Safety and Spill Reporting..........................................................................19

6. References............................................................................................................21

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List of Tables

Table 2-1 Existing Noxious Weed Inventory for the Proposed Wasatch Loop .............................3

Table 2-2 Uinta-Wasatch-Cache National Forest Noxious Weed List..........................................4

Table 2-3 Wyoming Designated Noxious Weed List....................................................................5

Table 2-4 Utah Noxious Weed List..............................................................................................6

Table 2-5 Nevada Noxious Weed List .........................................................................................7

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List of Acronyms

ATWS Additional Temporary Workspaces

BLM United States Bureau of Land Management

CWMA Cooperative Weed Management Area

EI Environmental Inspector

EPA United States Environmental Protection Agency

FERC Federal Energy Regulatory Commission

mph miles per hour

MSDS Material Safety Data Aheets

NEPA National Environmental Policy Act

PUP Pesticide Use Proposal

PUPs Pesticide Use Permits

ROW/ROWs Right(s)-of-Way

SPCC Spill Prevention Control and Countermeasures

UDNR Utah Department of Natural Resources

UDWR Utah Division of Wildlife Resources

USFS United States Forest Service

UWCNF Uinta-Wasatch-Cache National Forest

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1. INTRODUCTION

Noxious weed control practices for the Apex Expansion Project (Project) as described in

this plan have been developed utilizing the following sources:

■ Field surveys performed in 2009 by the Kern River Gas Transmission Company (Kern

River);

■ Wasatch-Cache National Forest Noxious Weed Treatment Program, Draft Environmental

Impact Statement (March 2006);

■ Wasatch-Cache National Forest 2003 Revised Forest Plan, Noxious Weed Management

Guidelines;

■ Utah Department of Agriculture and Food; Section 4-17-3:

■ 2008 Utah Noxious Weed Act Official Designation and Published Noxious Weed List; and

■ Noxious Weed Field Guide for Utah.

1.1 PLAN PURPOSE

The purpose of this Noxious Weed Control Plan (Plan) is to prescribe methods to

prevent and control the spread of noxious weeds before, during and following construction of

the Project. Kern River and its contractors will be responsible for carrying out the methods

described in this Plan.

This Plan is applicable to the pre-construction, construction and operation of the

proposed pipeline facilities, including the pipeline rights-of-way (ROWs), the proposed

compressor stations, meter stations, areas of additional temporary workspaces (ATWS) and any

other locations disturbed during construction, including interaction with the existing pipeline

ROW.

This plan has been prepared to address the pipeline portion of the proposed Project and

related temporary use areas. The preventive measures including equipment cleaning prior to

mobilization prescribed in Section 3.2 of this Plan will also be followed prior to mobilization for

construction to the existing and proposed Milford compressor station. Since the compressor

station sites are, or will be largely maintained as gravel surface during operations, noxious weed

control requirements are anticipated to be limited mainly to spot mowing, mechanical removal,

or approved herbicide application during operations.

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1.2 GOALS AND OBJECTIVES

The goal of noxious weed control is to implement preventive measures to minimize the

establishment and spread of noxious weeds during ground disturbing activities associated with

construction of the proposed facilities. The term Noxious weed is defined in Utah Code

4-17-2(4) as any plant the Commissioner of Agriculture determines to be especially injurious to

public health, crops, livestock, land, or other property. Noxious weeds are typically opportunistic

plant species that tend to readily colonize disturbed areas and compete with desirable

vegetation. Monitoring and maintenance during the construction and operational phases will

include identification of any local infestation areas on and adjacent to the ROW and other areas

disturbed during construction. By identifying and treating infestation areas, Kern River will

minimize the opportunity for noxious weeds to spread and out-compete the specifically selected

desirable species included in Kern River’s reclamation seed mixes. An evaluation of the

efficiency of the prescribed control measures will also be implemented during the growing

season immediately following construction as well as during continued operations.

1.3 PROJECT DESCRIPTION

Kern River proposes to construct and operate facilities to expand the existing Kern River

interstate pipeline system by installing approximately 28 miles of new pipeline through portions

of the Wasatch Mountains into the Salt Lake Valley (Wasatch Loop) as well as addition of

compression at one existing compressor station in Wyoming, two in Utah, one in Nevada, and

construction of one new compressor station in Beaver County, Utah. For more detailed

information regarding the proposed facilities, see Federal Energy Regulatory Commission

Docket No. PF09-07, Resource Report No. 1.

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2. NOXIOUS WEED INVENTORY

Preconstruction field surveys were conducted as part of the wetlands and biological

surveys in the spring and early summer of 2009 to identify existing noxious weeds, as listed

under the State of Utah Classification System for Noxious Weeds (Utah Code 4-17-3), along the

pipeline ROW, and at the proposed facilities. Preconstruction survey results are presented in

Table 2-1.

Table 2-1

Existing Noxious Weed Inventory for the Proposed Wasatch Loop

Species Common Name

(scientific) Mileposts

State

Classification2 Comment

Dalmatian toadflax

(Linaria dalmatica)

18.3; 18.5; 18.6;

20.0; 20.4

B Also located along Richens and Hardscrabble

access roads.

Houndstounge (Cynoglossum

offinale)

20.4; 20.6 C Also located along Richens, Tom Tucker,

Hardscrabble, Mueller Park and Canyon Creek

access roads.

Leafy spurge

(Euphorbia esula)

17.9 A Small community.

Scotch thistle

(Onopordum acanthium)

9.0, 20.4 B Also located along Richens and Hardscrabble

access roads.

Yellow starthistle

(Centaurea solstitialis)

21.8 A Also located along the Hidden Lake Circle access

road.

Whitetop (hoary cress)

(Cardaria draba)

18.5; 20.7; 26.6;

27.0; 27.3; 27.9

B Also located along Tom Tucker access road.

Notes:

1 Noxious Weed Inventory completed during spring/summer 2009 field surveys.

2 State of Utah Classification systems for noxious weeds, where: Class A requires early detection rapid response and is given a

very high control priority; Class B considered high priority for control; and Class C focus is on containment.

The United States Forest Service (USFS) and the states of Wyoming, Utah and Nevada

maintain official listings of weed species that are designated noxious. Local Weed Supervisors

may designate additional weed species as noxious within individual counties. Kern River is

consulting with county weed control representatives. Weed species, as defined in the

publication Weeds of the West (Ball et.al., 2002), are described as “A plant that interferes with

management objectives for a given area of land at a given point in time –J.M. Torell.” Noxious

weeds listed for the Wasatch-Cache National Forest now the Uinta-Wasatch-Cache National

Forest (UWCNF) and the states of Wyoming, Utah and Nevada where Project impacts occur are

presented in Tables 2-2, 2-3, 2-4, and 2-5, respectively.

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Table 2-2

Uinta-Wasatch-Cache National Forest Noxious Weed List

Common Name Scientific Nomenclature

Bermuda grass Cynodon dactylon

Black henbane Hyoscyamus niger

Blue spurge Euphorbia myrsinites

Canada thistle Circium arvense

Common burdock Arctium minus

Dalmatian toadflax Linaria dalmatica

Dyer’s woad Isatis tinctora

Field bindweed Convolvulus arvensis

Hemlock Conium maculatum

Houndstounge Cyonoglossum officinale

Jointed goatgrass Aegilops cylindrica

Knapweed, Diffuse Centaurea diffusa

Knapweed, Russian Centaurea repens

Knapweed, Spotted Centaurea maculosa

Leafy spurge Euphorbia esula

Medusahead Taeniatherum caput-medusae

Musk thistle Carduus nutans

Perennial pepperweed Lepidium latifolium

Puncturevine Tribulus terrestris

Purple loosestrife Lythrum salicaria

Salt Cedar Tamarix spp.

Scotch thistle Onopordum acanthium

St. Johnswort Hypericum perforatum

Wand mullein Verbascum virgatum

Whitetop/hoary cress Cardaria draba

Yellow starthistle Centaurea solstitialis

Yellow toadflax Linaria vulgaris

Note:

1 Wasatch-Cache National Forest Noxious Weed List from Final Environmental Impact Statement – Appendix H of the February

2003 Wasatch-Cache National Forest Land Resource Management Plan (Revised Forest Plan).

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Table 2-3

Wyoming Designated Noxious Weed List

Common Name Scientific Nomenclature

Field bindweed Convolvulus arvensis

Canada thistle Circium arvense

Leafy spurge Euphorbia esula

Perennial sowthistle Sonchus arvensis

Quackgrass Agropyron repens

Hoary Cress (Whitetop) Cardaria draba and C. pubescens

Perennial pepperweed (giant Whitetop) Lepidium latifolium

Ox-eye daisy Chrysanthemum leucantheumum

Skeletonleaf bursage Franseria discolor

Russian knapweed Centaurea repens

Yellow toadflax Linaria vulgaris

Dalmatian toadflax Linaria dalmatica

Scotch thistle Onopordum acanthium

Musk thistle Carduus nutans

Common burdock Arctium minus

Plumeless thistle Carduus acanthoides

Dyers woad Isatis tinctora

Houndstounge Cyonoglossum officinale

Spotted knapweed Centaurea maculosa

Diffuse knapweed Centaurea diffusa

Purple loosestrife Lythrum salicaria

Saltcedar Tamarix spp.

Common St. Johnswort Hypericum perforatum

Common tansy Tanacetum vulgare

Note:

1 Wyoming Weed & Pest Control Act Designated Noxious Weeds .S. 11-5-102 (a)(xi).

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Table 2-4

Utah Noxious Weed List

Common Name Scientific Nomenclature

Class A2

Blackhenbane Hyoseyamus niger

Diffuse knapweed Centaurea diffusa

Leafy spurge Euphorbia esula

Medusahead Taeniatherum caput-medusae

Ox-eye daisy Chrysanthemum leucantheumum

Perennial sorgham Sorgham halepense and S. almum

Purple loosestrife Lythrum salicaria

Spotted knapweed Centaurea maculosa

St. Johnswort Hypericum perforatum

Sulfer cinquefoil Potentilla recta

Yellow starthistle Centaurea solstitialis

Yellow toadflax Linaria vulgaris

Class B3

Bermudagrass Cynodon dactylon

Broad-leaved perppergrass (tall Whitetop) Lepidium latifolium

Dalmatian toadflax Linaria dalmatica

Dyers woad Isatis tinctora

Hoary Cress Cardaria spp.

Musk thistle Carduus nutans

Poison hemlock Conium maculatum

Russian knapweed Centaurea repens

Scotch thistle Onopordum acanthium

Squarrose knapweed Centaurea virgata ssp. squarrosa

Class C4

Field bindweed (wild morning-glory) Convolvulus spp.

Canada thistle Circium arvense

Houndstounge Cyonoglossum officinale

Saltcedar Tamarix ramosissima

Quackgrass Agropyron repens

Note:

1 Utah Noxious Weed Act section 4-17-3.

2 Class A: Early Detection Rapid Response (EDRR) Declared noxious weeds not native to the state of Utah that pose a serious

threat to the state and should be considered as a very high priority.

3 Class B: (Control) Declared noxious weeds not native to the state of Utah, that pose a threat to the state and should be

considered a high priority for control.

4 Class C: (Containment) Declared noxious weeds not native to the state of Utah that are widely spread but pose a threat to the

agricultural industry and agricultural products with a focus on stopping expansion.

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Table 2-5

Nevada Noxious Weed List

Common Name Scientific Nomenclature

Class A2

African rue Peganum harmala

Austrian fieldcress Rorippa austriaca

Austrian peaweed Sphaerophysa salsola and Swainsona salsula

Blackhenbane Hyoseyamus niger

Camelthorn Alhagi camelorum

Common crupina Crupina vulgaris

Dalmatian toadflax Linaria dalmatica

Dyers woad Isatis tinctora

Eurasian water-milfoil Myriophyllum spicatum

Giant reed Arundo donax

Giant salvinia Salvinia molesta

Green fountain grass Pennisetum setaceum

Houndstounge Cyonoglossum officinale

Hydrilla Hydrilla verticillata

Iberian starthistle Centaurea iberica

Klamath weed Hypericum perforatum

Malta star thistle Centaurea melitensis

Mayweed chamomile Anthemis cotula

Mediterranean sage Salvia aethiopis

Purple loosestrife Lythrum salicaria

Purple star thistle Centaurea calcitrapa

Rush skeletonweed Chondrilla juncea

Spotted knapweed Centaurea maculosa

Squarrose knapweed Centaurea virgata

Sulfer cinquefoil Potentilla recta

Syrian bean caper Zygophyllum fabago

Yellow starthistle Centaurea solstitialis

Yellow toadflax Linaria vulgaris

Class B3

Carolina horse-nettle Solanum carolinense

Diffuse knapweed Centaurea diffusa

Leafy spurge Euphorbia esula

Medusahead Taeniatherum caput-medusae

Musk thistle Carduus nutans

Russian knapweed Acroptilon repens

Sahara mustard Brassica tournefortii

Scotch thistle Onopordum acanthium

White horse-nettle Solanum elaeagnifolium

Class C4

Canada thistle Circium arvense

Hoary Cress Cardaria draba.

Johnson grass Sorgham halepense

Perennial pepperweed Lepidium latifolium

Poison hemlock Conium maculatum

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Puncture vine Tribulus terrestris

Salt cedar (tamarisk) Tamarix spp.

Water hemlock Cicuta maculata

Note:

1 Nevada Department of Agriculture Plant Industry Division Noxious Weed List, NAC 555.010 (amended March 24, 2005).

2 Class A: Weeds not found or limited in distribution throughout the state; actively excluded from the state and actively eradicated

wherever found; actively eradicated from nursery stock dealer premises; control required by the state in all infestations.

3 Class B: Weeds established in scattered populations in some counties of the state; actively excluded where possible, actively

eradicated from nursery stock dealer premises; control required by the state in areas where populations are not well established

or previously unknown to occur.

4 Class C: Weeds currently established and generally widespread in many counties of the state; actively eradicated from nursery

stock dealer premises; abatement at the discretion of the state quarantine officer.

Kern River, the USFS and other regulatory agencies recognize that there are species

that because of their widespread distribution are not considered feasible for general control. In

addition, Kern River’s primary objective is to prevent the spread of noxious weeds, and treat

selected areas along its ROW where target species are problematic and form a significant

portion of the vegetation community in comparison to adjacent undisturbed areas. Repeated

control measures on the ROW are generally not considered feasible where those species are

already established and abundant in the adjacent areas.

The preventive measures identified in Section 3.2 will be implemented along the pipeline

ROW and at all of the proposed facilities to minimize the spread of noxious weeds during

construction activities.

Wyoming

Under the authority of the Wyoming Weed and Pest Control Act of 1973 (S. 11-5-102

(a)(xi) and W.S. 11-12-104), 24 plant species officially have been designated as noxious. The

list of noxious weed species applies to the entire state (unless otherwise noted), and is

presented in Table 2-3.

Utah

The UWCNF weed list, as presented in the Wasatch-Cache National Forest 2003

Revised Forest Plan is presented in Table 2-2. Included in this listing are 16 species that may

not be classified as noxious weeds by the State, but are of concern because of their status in

adjacent States, potential to become state noxious weeds, or because of their poisonous or

other undesirable characteristics.

Twenty-seven plant species officially have been designated as noxious for the State of

Utah, per the authority vested in the Commissioner of Agriculture under Section 4-17-3 of the

Utah Noxious Weed Act. The state list of noxious weeds, which also includes noxious weeds

listed as being of special concern (species targeted for control), is presented in Table 2-4.

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Nevada

The Nevada Control of Insects, Pests and Noxious Weeds Act (Nevada Revised

Statutes: Chapter 555) grants the Director of the Nevada Department of Agriculture the authority

to investigate and control noxious plants. Forty-seven species officially have been designated

as noxious in the State of Nevada. The state list of noxious weeds, which includes noxious

weeds listed as being of special concern (species targeted for control), is presented in Table 2-

5.

2.1 COOPERATIVE WEED MANAGEMENT AREAS

Cooperative Weed Management Areas (CWMAs) are one of the newest and most

effective ways to battle noxious and invading weeds in the United States. A CWMA is a

cooperative effort among land managers and owners within a given area, such as a watershed.

These areas replace jurisdictional boundaries with natural boundaries that facilitate cooperation,

coordination and implementation of effective integrated weed management programs for listed

noxious weeds (Salt Lake CWMA 2009). Kern River will work closely with each of the CWMAs

where the Project facilities are located. The Project overlaps with the following CWMAs:

■ Bear River Divide CWMA (Uinta and Lincoln Counties, Wyoming);

■ Beaver CWMA (Beaver County, Utah);

■ Salt Lake CWMA (Salt Lake County, Utah);

■ Weber River CWMA (Morgan and Davis Counties, Utah); and

■ Clark CWMA (Clark County, Nevada).

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3. NOXIOUS WEED MANAGEMENT

Regulatory jurisdictions (i.e., USFS, UDNR [Utah Department of Natural Resources],

etc.) along the pipeline ROW and at the proposed facilities have varying requirements for weed

management. However, all generally agree that the following combination of efforts is the most

cost-effective and practical approach to managing noxious weed populations:

■ implementation of preventive measures, which includes early detection and treatment;

■ following best management practices (BMPs)during construction; and

■ implementing an integrated weed management program to control the spread of noxious

weeds.

Kern River has and will continue to work closely with all regulatory agencies to prevent

noxious weeds from becoming established or spreading due to Kern River’s construction and

operations activities.

3.1 IDENTIFICATION OF PROBLEM AREAS

Prior to construction, Kern River will provide information and training regarding noxious

weed management; identification; and the impacts on agriculture, livestock and wildlife as part

of the preconstruction environmental training The importance of preventing the spread of

noxious weeds into areas not already infested, and controlling the proliferation of weeds already

present, will be explained. During construction, areas of concern for noxious weeds will be

identified and flagged in the field by Kern River’s environmental contractor. The flagging will

alert construction personnel and prevent access into areas until noxious weed management

control measures have been properly implemented.

3.2 PREVENTIVE MEASURES

To avoid spreading existing noxious weeds and prevent the introduction of new noxious

weeds, prior to construction, appropriate treatment will be used to the treat identified weed

infestations to reduce the potential spread or proliferation of noxious weeds during construction.

Pre-construction control measures may include one or more of the following methods:

■ Treatment methods and timing will be based on species-specific and area-specific

conditions (e.g., proximity to water or riparian areas, agricultural areas, topography, land use

and time of year) and will be coordinated with the local regulatory offices. Additionally, all

treatment methods will follow requirements and guidelines of respective agency regulations

and plans.

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■ Mechanical methods which rely on equipment that is used to mow or disc weed populations.

Mechanical treatments that would disturb the soil surface within sensitive native habitats will

be avoided or minimized to the extent possible

■ Chemical application is an effective method of reducing the size of noxious weed

populations. Applications will be controlled, as described in Section 5.1, to minimize the

impacts to the adjacent vegetation and land usage. In areas of dense infestation, a broader

application will be used. The timing of the application will be based on the extent of

infestation, landowner/agency requests and the construction schedule.

To avoid spreading existing noxious weeds and prevent the introduction of new noxious

weeds during construction, preventive measures will be implemented that follow BMSs. At a

minimum, the following practices will be adhered to:

■ All contractor vehicles and equipment will be thoroughly cleaned of soil and plant material

prior to mobilization to the Project site(s) and all clearing and grading equipment will be

cleaned prior to leaving an identified noxious weed site. Cleaning will include mechanical

removal of clumps of sod or soil and high pressure air spraying. The contractor will deploy

cleaning stations at each spread or construction site, using a non-permeable poly-fabric,

similar to VisqueenTM, so that the soil and plant material from the cleaning operation can be

removed and disposed of without contaminating the underlying soil. Equipment cleaning will

concentrate on tracks, feet, or tires and on equipment undercarriages. Special emphasis

will be placed on axles, frame, cross members, motor mounts, and on steps, running boards

and front bumper/brush guard assemblies. In addition, equipment air filters and housings will

be clean of fine vegetative material. Vehicle cabs will be swept out and refuse will be

disposed of in waste receptacles. The contractor will certify in writing that vehicles and

equipment are free of soil and debris capable of transporting noxious weed material prior to

delivery to and mobilizing from contractor yards, and those plant materials which include but

are not limited to seeds, roots, or rhizomes have been removed prior to entry on to the

ROW. Kern River’s Environmental Inspector (EI) or other delegated representative will have

the authority to refuse entry on to the ROW or to prevent movement beyond a designated

cleaning station if equipment has not been satisfactorily cleaned.

■ Once the ROW has been cleared of all identified weed infestations and graded, pipeline

installation (i.e., trenching, stringing, etc.) may proceed without further equipment cleaning

activities.

■ Prior to the off-site transport of ROW restoration equipment, the contractor will ensure all

equipment is clean of soil and vegetative matter to minimize the potential for spreading

weed seeds. Cleaning sites will be inspected and their locations recorded by the EI. This

information will be made available to the appropriate regulatory agencies.

■ The contractor will ensure and certify in writing that all straw bales used for sediment and

erosion controls, mulch distribution, and restoration seed mixes are certified as weed-free

from the supplier;

■ The contractor will implement the reclamation of disturbed lands as soon as practicable

following construction as specified in Kern River’s Reclamation Plan. Appropriate

restoration efforts will ensure an adequate vegetative cover that minimizes the potential of

noxious weed development.

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3.3 POST CONSTRUCTION TREATMENT METHODS

Kern River will implement noxious weed control measures that are in accordance with

existing state and federal regulations and jurisdictional land management agencies or

landowner agreements. Post-construction control measures may include one or more of the

following methods:

■ Treatment methods will be based on species-specific and area-specific conditions (e.g.,

proximity to water or riparian areas, agricultural areas, topography, land use, and time of

year) and will be coordinated with the local regulatory offices. Additionally, all treatment

methods will follow requirements and guidelines of respective agency regulations and plans.

■ Mechanical methods rely on equipment that is used to mow or disc weed populations. If

such a method is used, subsequent seeding will be conducted to re-establish a desirable

vegetative cover that will stabilize the soils and slow the potential re-introduction of noxious

weeds. Seed selection will be based on site-specific conditions, agency and landowner

preferences to identify the appropriate seed mix identified for those conditions, as presented

in the Reclamation Plan.

■ Mechanical treatments that would disturb the soil surface within sensitive native habitats will

be avoided or minimized to the extent possible.

■ Chemical application is an effective method of reducing the size of noxious weed

populations. Applications will be controlled, as described in Section 5.1, to minimize the

impacts to the adjacent vegetation and land usage. In areas of dense infestation, a broader

application will be used and a follow-up seeding program implemented. Supplemental

seeding will be based on the criteria in the Reclamation Plan. The timing of subsequent

revegetation efforts will be based on the extent of infestation, landowner/agency requests,

and the success of previous revegetation efforts.

■ If areas are not seeded until the following spring because of weather or scheduling

constraints, all annuals and undesirable vegetation that have become established will be

eradicated through mechanical or chemical means before seeding.

3.4 AGENCY-SPECIFIC REQUIREMENTS

Occurrence of weed infestations within the pipeline ROW and at Project facilities will be

reported to the appropriate regulatory agency office with jurisdiction where the weeds are found.

Proper weed control procedures, including target species, timing of control and method of

control, will be determined in consultation with USFS, United States Bureau of Land

Management (BLM) or CWMAs personnel. Kern River may be able to utilize existing

Cooperative Agreements between USFS, BLM and the CWMAs for noxious weed control by

providing funds to these organizations to implement the necessary weed control procedures. If

not, Kern River will be responsible for providing the necessary personnel or hiring a contractor

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to execute the weed control procedures in accordance with Kern River’s herbicide application,

handling, spills and clean-up guidelines described in Section 5.0 of this Plan.

In addition, Kern River’s noxious weed management activities will be consistent with the

policies, goals and mitigation practices presented in the USFS (Region 4) Appendix III: Noxious

Weed Management Guidance of the Wasatch-Cache National Forest 2003 Revised Forest

Plan, the BLM Integrated Vegetation Management Handbook (H-1740-2), and other state and

local laws. Additionally, Kern River currently holds pesticide use permits (PUPs) with the BLM

in Wyoming, Utah, Nevada and California for its existing interstate facilities.

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4. MONITORING

Noxious weed surveys will be conducted during Kern River’s reclamation monitoring

effort, as well as on an annual basis in areas of known infestations.

4.1 RECLAMATION MONITORING

Kern River intends to commence restoration monitoring during the first growing season

following construction. Reporting of noxious weed infestations will be included with evaluations

of revegetation success. Kern River will continue to monitor revegetation success on all lands

on an annual basis as part of their routine annual ROW surveillance.

Kern River will document its observations following the monitoring effort and make these

reports available to the USFS, BLM, Utah Division of Wildlife Resources (UDWR), counties and

the Federal Energy Regulatory Commission (FERC) as required.

For sites where noxious weed infestations are identified, particularly in previously

unaffected areas, Kern River will evaluate these specific areas to determine if remedial actions

and additional treatment are required. Kern River will identify such areas to the appropriate

regulatory agencies by milepost and will record any noxious weed control treatments anticipated

for use. A reclamation report summarizing ROW stability, revegetation progress, percent cover

and weed infestation will be provided to the land management agencies every year, for the first

three years..

Kern River regularly communicates with individual landowners, counties and land

management agencies if they have concerns pertaining to noxious weeds on the pipeline ROW

within their jurisdiction(s). These parties may also contact Kern River to report the presence of

noxious weeds within the Kern River ROW. Kern River will control weed infestations on their

ROW on a case-by-case basis and include a summary of actions taken in their annual reporting

process. Furthermore, Kern River operations personnel are trained in the identification of

specific noxious weed species and provide Kern River’s Land and Environment Department a

report of their findings during the normal course of maintenance activities. Therefore, the ROW

is essentially monitored on an on-going basis.

4.2 MONITORING OF KNOWN INFESTATION AREAS

In addition to the on-going noxious weed monitoring (as noted by counties/landowners or

by Kern River’s pipeline maintenance and operations team) Kern River will conduct annual site

visits during the first three years post-construction (USDOI 2007) to monitor known infestation

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areas. Subsequently, Kern River will continue to monitor and treat these infestation areas on an

on-going basis as part of their routine annual ROW surveillance and until adequate control of

the noxious weeds population is successful or until it is determined that additional treatment

would not be effective due to factors such as widespread establishment in adjacent areas.

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5. HERBICIDE APPLICATION, HANDLING, SPILLS, REPORTING AND CLEANUP

5.1 HERBICIDE APPLICATION AND HANDLING

Herbicide application will be in accordance with local CWMAs, USFS and BLM

guidelines and protocols. When a noxious weed infestation is identified during regular

monitoring of Kern River’s facilities, Kern River will submit a completed Pesticide Use Proposal

(PUP) form to the appropriate land management agency in which the infestation occurs. No

application of herbicides will take place until the agency has reviewed and approved (in writing)

the PUP. Before herbicide application, Kern River or its contractor will obtain any required

permits from local, state, or federal authorities. A licensed contractor will perform the

application in accordance with applicable laws and regulations.

Only those herbicides registered with the U.S. Environmental Protection Agency (EPA),

which have been properly evaluated under the National Environmental Policy Act (NEPA)

(USDOI 2007), and are approved by the land management agency will be used. All product

label and advisory statements will be complied with. Generally, application of herbicides will not

occur when the following conditions exists:

■ wind velocity exceeds 10 miles per hour (mph) for ground application or exceeds 6 mph for

aerial applications (USDOI 2007);

■ snow or ice covers the foliage of target species; or

■ adverse weather conditions are imminent.

Vehicle-mounted sprayers (e.g., handgun, boom and injector) will be used mainly in

open areas that are readily accessible by vehicle. Hand application methods (e.g., backpack

spraying) or aerial applications may be used in roadless or rough terrain. Calibration checks of

equipment will be conducted at the beginning of spraying and periodically to ensure that proper

application rates are achieved.

Herbicides will be transported to the project site daily with the following provisions:

■ Only the quantity needed for that day’s work will be transported.

■ Concentrate will be transported in approved containers only and in a manner that will

prevent tipping or spilling, and in a compartment that is isolated from food, clothing and

safety equipment.

■ Mixing will be done off site and at a distance greater than 200 feet from open or flowing

water, wetlands, or other sensitive resources. No herbicides will be applied at these areas

unless authorized by the appropriate regulatory agencies.

■ All herbicide equipment and containers will be inspected for leaks daily.

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■ Herbicides use will be in accordance with all manufacture label recommendations and

warnings.

5.2 HERBICIDE SPILLS AND REPORTING

All reasonable precautions will be taken to avoid herbicide spills. In the event of a spill,

cleanup will be immediate. Contractors will keep spill kits in their vehicles and in appropriate

storage areas to allow for quick and effective response to spills. Items to be included in the spill

kit are:

■ protective clothing and gloves;

■ adsorptive clay, “kitty litter,” or other commercial adsorbent;

■ plastic bags and bucket;

■ plastic sheeting;

■ shovel;

■ fiber brush and screw-in handle;

■ dust pan;

■ caution tape;

■ highway flares (use on existing hard-top roads only); and

■ detergent.

Response to a herbicide spill will vary with the size and location of the spill, but general

procedures include:

■ traffic control;

■ dressing the clean-up team in protective clothing;

■ stopping the leak;

■ containing the spilled material;

■ cleaning up and removing the spilled herbicide and contaminated adsorptive material and

soil; and

■ transporting the spilled pesticide and contaminated material to an authorized disposal site.

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5.2.1 Worker Safety and Spill Reporting

All herbicide contractors will obtain and have readily available copies of the appropriate

material safety data sheets (MSDS) for the herbicides used and will keep copies of the MSDS in

the applications vehicle. All herbicide spills will be reported in accordance with applicable laws

and requirements. In each case, the appropriate regulatory agency and hazardous materials

coordinator will be notified immediately as specified in the Spill Prevention Control and

Countermeasures (SPCC) plan for the Project and an incident report will be completed and filed

with Kern River in accordance with PUP requirements.

General Requirements Regarding Herbicides and Pesticides

When handled, prepared and used as directed, most herbicides have little potential to

cause environmental harm or personal injury. Measures such as the use of proper protective

clothing, understanding the nature and chemical properties of the herbicide, and knowledge of

appropriate first-aid procedures are fundamental to applying herbicides in a safe manner.

Herbicide Storage

Pesticides should be stored in fire resistant metal storage cabinets in a pre-designated

area that is also fire resistant. The area chosen should be kept dry, cool and have an exhaust

fan for proper ventilation. Furthermore, the area should be secured with a lock and posted with

warning signs. Bottles of pesticide should have the date they were received and the date of

each use written on the label.

Transport

Containers of herbicide should be transported in a cushioned, leak proof box with

securable lid. The box should be firmly secured to the non-wooden open bed of a pickup truck

or utility trailer. Pesticides are not to be transported in the truck cab or inside of a passenger

car. The load should be checked periodically when transporting over long distances to a

treatment site.

Mixing and Application

Appropriate tools and containment structures will be on hand and deployed where

mixing is to take place. Also, the appropriate absorbents will be readily available in the event of

an uncontrolled spill. Proper protective clothing will be worn during all mixings and applications.

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Spills

If an incident should occur resulting in a spill on an individual, the soil or into a

waterbody, the following procedure will be followed in each case:

Body Contact Spill

The contaminated clothing should be removed and the affected area flushed with water.

Immediate transport to a predetermined hospital or clinic should be made if the herbicide has

been ingested or inhaled.

Soil Spill

The contaminated soil should be shoveled into a leak-proof container or can be spread

on heavy plastic sheets. However, every attempt should be made to prevent the herbicide from

spreading over the soil surface. Contaminated soil should be disposed of as a hazardous

material.

Spill in Waterbodies

At concentrations normally used during the application process, most herbicides will be

diluted to below threshold limits if accidentally spilled into a waterbody. Spill control materials

such as Hazsorb, WYC, Haz-Mat Pig, Wolf Absorbent Socks and Polysorb Oil Absorbent Fabric

are commercially available to assist with containment and cleanup. Once deployed, the used

materials can then be properly containerized and disposed of in accordance with all applicable

local, state, and federal laws and regulations. Appropriate County and state water quality

departments will be contacted immediately.

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6. REFERENCES

Kern River Gas Transmission Company, 2003, Procedures Spill Prevention and Response

Planning, 35.06.01.02.

National Network of Invasive Plant Centers, 2009, Cooperative Weed Management Areas,

http://www.invasiveplantcenters.org

Nevada Department of Agriculture Plant Industry Division, 2005, Nevada Agricultural Code

555.010 Noxious Weed List.

Salt Lake County, 2009, Weed Control Program, http://www.weeds.slco.org/

The University of Montana-Missoula, 2009, Invaders Database System, http://invader.dbs.umt.

edu/Noxious_Weeds/

U.S. Department of Agriculture (USDA) Forest Service, 2003, Wasatch-Cache National Forest

Land and Resource Management Plan (Revised Forest Plan).

__________, 2009, Intermountain Region Noxious Weeds Cooperative Weed Management

Areas USDA Forest Service Region 4, http://www.fs.fed.us/r4/resources/noxious_

weeds/cwmas.shtml

U. S. Department of the Interior (USDOI), 2007. Final Vegetation Treatments Using Herbicides

on Bureau of Land Management Lands in 17 Western States Programmatic

Environmental Impact Statement, two volumes, publication FES 07-21. Washington,

D.C.

__________, 2007, Record of Decision, Vegetation Treatments Using Herbicides on Bureau of

Land Management Lands in 17 Western States Programmatic Environmental Impact

Statement, Washington, D.C.

__________, 2008, Integrated Vegetation Management Handbook, Publication H-1740-2.

Utah Agricultural Code, 2008, Utah Noxious Weed Act, Title 4 Chapter 17 section 3 Designation

and Publication of State Noxious Weeds.

Utah Weed Control Association, 2009, Cooperative Weed Management Areas, http://www.utah

weed.org/cwma.htm

Weber River Cooperative Weed Management Area, 2009, http://www.weberrivercwma.org

Wyoming Department of Agriculture, 2003, Designated Noxious Weeds and Prohibited Noxious

Weeds .S. 11-5-102 (a)(xi) and W.S. 11-12-104.

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Document Content(s)

Apex_DEIS_Cover.PDF...................................................1-1

Apex_DEIS_Exec_Sum.PDF................................................2-0

Apex_DEIS_Party_Letter.PDF............................................1--1

Apex_DEIS_Sec_1_Intro.PDF.............................................0--2

Apex_DEIS_Sec_2_Prop_Action.PDF.......................................-1--3

Apex_DEIS_Sec_3_Alts-a.PDF............................................-2--4

Apex_DEIS_Sec_4_Env_Analysis.PDF......................................-3--5

Apex_DEIS_Sec_5_Conclusions.PDF.......................................-4--6

Apex_DEIS_TOC.PDF.....................................................-5--7

App_A_Dist_List.PDF...................................................-6--8

App_B_Pipeline_and_Facility_Maps.PDF..................................-7--9

App_C_Listing_of_Extra_Workspace_by_Milepost.PDF......................-8--10

App_D_Kern_River_Plan.PDF.............................................-9--11

App_E_Kern_River_Procedures.PDF.......................................-10--12

App_F_Reclamation_Plan.PDF............................................-11--13

App_G _Noxious_Weed_Control_Plan.PDF..................................-12-173

App_H_SPCC.PDF........................................................18-1673

App_I_Blasting_Plan.PDF...............................................17-1573

App_J_Winter_Construction_Plan.PDF....................................16-1473

App_K_Draft_Wetland_Remedial_Revegetation_Plan.PDF....................15-1373

App_L_Residence_Proximity_Maps.PDF....................................14-1273

App_M_Draft_ATV_and_OHV_Barrier_Plan.PDF..............................13-1173

App_N_Roadless_Area_Worksheets.PDF....................................12-1073

App_O_References.PDF..................................................11-9073

App_P_List_of_Preparers.PDF...........................................10-8073

20100326-4002 FERC PDF (Unofficial) 03/26/2010