General

Q. Who is the final authority making the decision on 408/404/10? 

A.  The Commander of the Omaha District, U.S. Army Corps of Engineers.

Q.  Were other alternatives routes considered? 

A.  Yes, alternatives routes were addressed by the Department of State in the final Supplemental EIS (FSEIS).

Q.  Where is USACE in the process? 

A.  We are currently reviewing the documents provided by the applicant to determine if the information provided is sufficient to support Corps decisions under Section 408 and sections 404/10.

Q.  Is there a scheduled timeline for completion?

A.  At this time, USACE does not have an estimated time of completion.  The overall project timeline will be developed by TransCanada after all decisions are made by federal and state agencies tasked with providing permits and permissions.

Regulatory

Q:  How many PCNs is the Corps reviewing? 

A:  Currently, the Corps is reviewing 3 PCNs.

Q:  How many PCNs were originally sent to the Corps?

A:  The Corps received 5 PCNs on May 30.

Q:  Why are the two Nebraska PCNs no longer being reviewed?

A:  The two PCNs in Nebraska did not have placement of “fill” in wetlands or waters of the U.S.

Q:  How can a pipeline cross a river and not trigger Clean Water Act, Section 404?

A:  The applicant plans to hydrologically directional drill (HDD) the pipe under the rivers.  Corps review is needed if the river is a navigational river under the Rivers and Harbors Act, Section 10, or if there is “fill” activity.

Q:  Why aren’t all wetland and river crossings submitted as PCNs?

A:  Many activities that involve placement of “fill” are already authorized under Nationwide permit 12 and do not require notification to the Corps (non-reporting).  There are certain conditions that require pre-construction notification (PCN) prior to verification under Nationwide permit 12.

Q:  Where are the PCNs?

A:  PCN 1 is for the Missouri River in Montana

      PCN 2 is for the Yellowstone River in Montana

      PCN 3 is for the Cheyenne River in South Dakota

      PCN 4 was for the Niobrara River in Nebraska

      PCN 5 was for the Platte River in Nebraska

Q:  Where can I find more information on the PCNs?

A:   WEB:  http://www.nwo.usace.army.mil/Missions/Dam-and-Lake-Projects/KXL/