THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. A DECISION HAS NOT BEEN MADE REGARDING ISSUANCE OF PERMISSION AT THIS TIME.

PROJECT TITLE: TPCO2-01 CO² Pipeline Lateral Project (Section 408 Reference Number: 408-NWO-2023-0043).

REQUESTER: In compliance with USC Title 33, Chapter 9, Subchapter 1, Section 408, the Trailblazer CO² Pipeline, LLC (Trailblazer) (Requester) has requested permission from the U.S. Army Corps of Engineers (USACE) for alterations at the following USACE Civil Works Projects: (1) L-611-614 – Missouri River LB Levee, (2) R-616 - Missouri River RB Levee, (3) R-613 - Papillion Creek LB Levee, (4) R-613 - Papillion Creek Channel, (5/6) R-613 - Platte LB & Papillion RB & Missouri River RB Levees, and (7) the Missouri River Bank Stabilization and Navigation Project (BSNP) (Federal Projects), operated and maintained by the Mills and Pottawattamie Missouri River Levee District (1), the Papio-Missouri River Natural Resources District (2, 3, 4, 5, and 6), and USACE (7).

AUTHORITY: The authority to grant permission for temporary or permanent use, occupation, or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of the Army’s authority under Section 408 has been delegated to USACE, Chief of Engineers. USACE, Chief of Engineers has further delegated the authority to USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project.

EVALUATION: USACE Omaha District has determined that the TPCO2-01 CO² Pipeline Lateral Project would entail alterations to the Federal Projects and therefore requires permission under Section 408.

LOCATION: The proposed TPCO2-01 CO² Pipeline Lateral Project is located within Pottawattamie and Mills counties in Iowa and Sarpy, Cass, Otoe, Johnson, and Gage counties in Nebraska. Approximate center coordinates for river crossing:

REQUESTER’S PROPOSED ACTON: The Requester’s proposed project is comprised of the following elements: Trailblazer (Requester) seeks to construct and operate the proposed project, which is approximately 68.4 miles of up to 24-inch-diameter pipeline, which would transport captured CO2 from an existing ethanol plant located in Council Bluffs, Iowa to an interconnect site associated with the TPCO2-02 lateral  located outside of Adams, Nebraska. Of the approximate 68.4 miles of lateral for the project, approximately 4.6 miles would be in Iowa and the remaining approximate 63.8 miles would be in Nebraska. From the TPCO2-02 interconnect site, the TPCO2-02 lateral would then transport the captured carbon dioxide to the existing Trailblazer pipeline. The existing Trailblazer pipeline is an existing approximately 400-mile-long pipeline extending from Beatrice, Nebraska to Cheyenne, Wyoming with a portion of the pipeline crossing Colorado. The Trailblazer pipeline would transport captured CO2 to an underground sequestration hub in southeastern Wyoming. The TPCO2-01 Lateral project would cross Pottawattamie and Mills counties in Iowa, in addition to Sarpy, Cass, Otoe, Johnson, and Gage counties, Nebraska. In general, the pipeline would be buried so that a minimum depth of 4 feet of cover to the top of pipe is maintained. In addition to the pipeline, the project would include several above-ground appurtenances (AGAs) to support its operation. These AGAs include 13 mainline valves (MLVs) and three pig launcher/receiver sites. In general, the MLVs for the project would be spaced approximately 15 miles apart, unless their placement is dictated by federal or state regulations such as waterbody crossings 100 feet or greater in width as noted in 49 Code of Federal Regulations (CFR) Part 195.260. The pig launchers and receivers would be utilized for periodic integrity testing of the pipeline. The project proposes to cross the following USACE Civil Works Projects: (1) L-611-614 – Missouri River LB Levee, (2) R-616 - Missouri River RB Levee, (3) R-613 - Papillion Creek LB Levee, (4) R-613 - Papillion Creek Channel, (5/6) R-613 - Platte LB & Papillion RB & Missouri River RB Levees, and (7) the Missouri River BSNP.

Only project elements that would alter the Federal Projects are within the review scope for the Section 408 permission request. A portion of the proposed activities are located within the floodplain.

NATIONAL ENVIRONMENTAL POLICY ACT: USACE has determined an Environmental Assessment (EA) is appropriate to inform the anticipated effects to the quality of the human and natural environment from implementation of the proposed Section 408 project. The EA is being prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) 42 USC 4321, the United States Army Corps of Engineers Implementing Procedures for NEPA Regulation ER 200-2-2 (33 CFR Part 230), and Engineering Circular EC 1165-2-220 for Section 408. The Requestor / Requestor’s Agent, has prepared a draft EA for the Proposed Project. USACE will independently evaluate the accuracy, scope, and content of this EA prior to the agency adopting its analysis. If USACE subsequently identifies significant effects on the quality of the human environment that cannot be mitigated by the Requester, USACE will initiate an Environmental Impact Statement (EIS) and afford all the appropriate participation opportunities attendant to an EIS. USACE invites the public to comment on the impacts of the proposal on the quality of the human environment. The draft EA is available for review and comment during this public notice comment period at the following link: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/28468

The draft FONSI is available at the following link: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/28511

LIMITS OF SECTION 408 AUTHORITY: The Requester has the responsibility to acquire all other permissions or authorizations required by Federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), Section 404 of the Clean Water Act (33 USC Section 1344). In addition, an approval under Section 408 does not grant any property rights or exclusive privileges, nor does it authorize any injury to the property or rights of others.

PUBLIC INVOLVEMENT: USACE will accept comments on this Public Notice and make them part of the evaluation record, and they will be considered in USACE’s determination whether the proposed alteration would be injurious to the public interest and would impair the usefulness of the Federal Project, as well as assessing the impacts of the proposal on the quality of the human environment. Interested parties may submit in writing any comments concerning this notice. USACE will consider all submissions received before the expiration date of this notice. USACE will post this Public Notice to the following website:

https://www.nwo.usace.army.mil/Media/Public-Notices/

SUBMITTING COMMENTS: Comments pertaining to this public notice must be submitted via email or conventional mail on or before the EXPIRATION DATE and must include the 408 Reference Number above. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act, including personally identifiable information such as names, phone numbers, and addresses.

All email comments should be sent to: section408nwo@usace.army.mil.

Conventional mail comments should be sent to:

U.S. Army Corps of Engineers - Omaha District

Planning Branch, CENWO-PMA-A

ATTN: Section 408 Coordinator

1616 Capitol Avenue

Omaha, NE  68102