SECTION 1 INTRODUCTIONa123.g.akamai.net/7/123/11558/abc123/forestservic... · Energy Gateway South Transmission Project (Project) that explains in detail how the Project will be developed―through

Energy Gateway South Transmission Project 1-1 Plan of Development Section 1 – Introduction November 2016

SECTION 1 – INTRODUCTION

1.1 Introduction

The Bureau of Land Management (BLM), as lead federal agency, in accordance with Title 43 Code of Federal

Regulations (CFR) 2804.25(b), requires that a Plan of Development (POD) be prepared in support of the

Energy Gateway South Transmission Project (Project) that explains in detail how the Project will be

developed―through construction, operation, and maintenance. This POD has been developed by PacifiCorp

(Company), in collaboration with other participating federal land-management agencies.

The Company submitted an Application for Transportation and Utility Systems and Facilities on Federal

Lands (Standard Form 299) to the BLM for a right-of-way grant on land administered by the BLM and to the

U.S. Forest Service (USFS) for a special-use authorization for construction, operation, and maintenance of the

Project beginning near Medicine Bow, Carbon County, Wyoming, at the Aeolus Substation that will extend

south and west to the Clover Substation near Mona, Juab County, Utah. The original application was

submitted and received on November 28, 2007, and was revised by the Company on December 17, 2008 and

October 11, 2010, to reflect changes in the Project description, including reducing the geographic extent of

the Project; on January 15, 2013, to inform the BLM of the Company’s preferred route; and on April 8, 2015,

to reflect additional changes in the Project description and to inform the BLM of the Company’s preferred

route. In addition, the Project will cross the Uintah and Ouray Indian Reservation, held in trust for the Ute

Indian Tribe (Tribe) by the federal government through the Bureau of Indian Affairs (BIA). The BLM, USFS,

and BIA, in coordination with the Tribe, are considering the application in accordance with Title 43 CFR

2800, Rights-of-way under the Federal Land Policy and Management Act (FLPMA), and the Energy Policy

Act of 2005, and will decide whether to grant the right-of-way (BLM), issue a special-use authorization

(USFS), and issue an encroachment permit and grant of easement (BIA), and, if so, under what terms and

conditions. In doing so, the BLM also is coordinating the preparation of the POD to ensure compliance with

applicable environmental laws in association with other relevant projects.

The POD is a condition of the BLM, USFS, and BIA Records of Decision (ROD) and an enforceable

stipulation of the BLM right-of-way grant, USFS special-use authorization, BIA encroachment permit and

grant of easement, and potentially other permits.

This section, Section 1 – Introduction, provides a project overview, the purpose and need for the POD, the

organization of the POD, the relationship of the POD to other documents prepared for the Project, and other

relevant federal, state, and local permits and approvals.

[NOTE: Phased Approach to Developing the POD]

Because there will be an extended period of time between execution of the RODs and the completion of

Project design and engineering and commencement of construction, the POD is being developed in two

phases, which are referred to as the draft POD and final POD. These terms are being used to clearly define

two distinct levels of content expected at two distinct phases of Project development. This description of the

phased approach to developing the POD will be eliminated from the POD after the RODs have been

signed and as the POD is being developed further for construction.

Draft Plan of Development

The BLM is requiring a draft POD be completed containing sufficient information for the BLM and the other

federal land-management agencies to sign their respective RODs at the culmination of the National

Environmental Policy Act (NEPA) process. This draft of the POD is derived from data and information

(including the framework for mitigation) documented in the Final Environmental Impact Statement (EIS),


which is based on a description of a typical 500-kilovolt (kV) transmission line along the location of the right-

of-way centerline since the design and engineering of the Project is not available during preparation of the

EIS. Also, as an appendix, this draft of the POD contains a complete and agency-approved POD for

geotechnical investigation that will commence once the RODs are executed and the right-of-way is granted,

the special-use authorization is issued, and the encroachment permit and grant of easement are issued

(Appendix G – Geotechnical Investigation Plan of Development). The purpose of the geotechnical

investigation is to perform tests to collect hydrogeologic and geotechnical soil properties and geophysical data

to provide information for detailed transmission line, substations, and series compensation stations

engineering and design. The Geotechnical Investigation POD includes borehole locations and access roads to

be used for the investigation.

Final Plan of Development

The final POD will be refined from the draft POD and ultimately will be the POD used to direct construction

activities. Detailed mapping will depict Project facilities, including the transmission line, access roads, and

other ancillary facilities, and will identify and depict site-specific construction actions, including mitigation.

After the geotechnical investigation, the Company will develop the design and engineering of the Project. At

the same time, in response to requirements set forth in Section 7 of the Endangered Species Act (ESA),

Section 106 of the National Historic Preservation Act (NHPA), the Paleontological Resources Preservation

Act (PRPA), and Section 104 of the Clean Water Act (CWA), pedestrian field surveys will be conducted for

the following:

Special-status species of plants and wildlife

Cultural resources (100-percent pedestrian [Class III] survey of the area of potential effect)

Geological units identified as having Potential Fossil Yield Classification (PFYC) 5, PFYC 4, and

select areas of PFYC 3 (identified by BLM paleontologists)

Waters of the United States potentially affected by the Project

The environmental field surveys will be completed in accordance with agency-approved survey protocols as

identified in Appendix B1, Attachment A – Biological Resources Requirements, and Appendix D – Resource

Survey Protocols. Based on the data resulting from the surveys, the agencies and the Company will coordinate

to derive detailed recommendations to:

Avoid or mitigate effects on the environmental resources identified as sensitive to Project-related

disturbance

Address site-specific mitigation that is required by the agencies to meet the stipulations(s) of approval

Develop mitigation that meets the requirements from issuance of a Notice(s) to Proceed as described

in the BLM right-of-way grant, USFS special-use authorization, and BIA encroachment permit and

grant of easement

The results of this coordination will be incorporated into the POD, including Volume II – Map Sets 1 and 2.]

1.2 Purpose and Need of the Plan of Development

The purpose of the POD is to communicate the Company’s plan, which comprehensively identifies the

environmental requirements for construction, operation, and maintenance of the Project. The POD

incorporates the EIS-identified measures and other applicable stipulations for avoidance, minimization, and

mitigation of the environmental impacts resulting from the implementation of this Project. The EIS-identified

measures are in accordance with the BLM’s Draft – Regional Mitigation Manual, Section 1794, for the

sequence of mitigation action(s) of the mitigation hierarchy to avoid, minimize, rectify, reduce or eliminate

over time, and compensate.


This POD incorporates the various regulatory approvals, permits, and other authorizations that contain

environmental requirements, including those measures stipulated in resource management plans (RMP) for

the BLM, land and resource management plans for the USFS, and other land-use plans, as applicable.

The POD is intended to be used Project-wide as (1) a summary of Project environmental requirements and

protection measures and (2) a description of the processes and procedures that will be used to ensure

compliance (including the requirements of the U.S. Fish and Wildlife Service [FWS]; the BLM; the USFS;

and other federal, state, and/or local agencies), as appropriate.

On federal lands administered by the BLM, USFS, and BIA, in coordination with the Tribe, the POD is an

enforceable stipulation of the BLM right-of-way grant, USFS special-use authorization, and BIA

encroachment permit and grant of easement. As such, all mitigation measures and stipulations identified as

applicable in any of the POD volumes should be adhered to for the life of the BLM right-of-way grant, USFS

special-use authorization, and BIA encroachment permit and grant of easement.

The federal land-management agencies expect mitigation measures and other specific stipulations and

methods identified in the POD will be implemented over the entire length of the Project, regardless of

jurisdiction, while understanding the federal land-management agencies do not have the authority to enforce

mitigation measures on state and private land.

Additions and/or amendments to the POD are anticipated as a part of detailed engineering design of the

Project and preconstruction resource surveys. On completion of the POD and the issuing of Notices to

Proceed (NTP), construction would commence. If additions and/or amendments to the POD are identified

during construction, the variance process as outlined in Appendix A5 – Environmental Compliance

Management Plan of this POD would be implemented.

1.3 Project Overview

The Company proposes to construct, operate, and maintain a 500kV, overhead, single-circuit, alternating-

current transmission line beginning near Medicine Bow, Carbon County, Wyoming, at the Aeolus Substation,

planned as part of the Company’s Gateway West Transmission Project, and extending south and west to an

expansion of Clover Substation (constructed as part of the Company’s Gateway Central transmission project)

near Mona, Juab County, Utah, an approximate distance of 416 miles (Figure 1-1 – Project Study Area). The

Project includes two series compensation stations at points between the Aeolus and Clover substations to

improve transport capacity and efficiency of the Project. Equipment to accommodate the 500kV transmission

line would be installed at the Aeolus and Clover substations. The Project is designed to provide up to 1,500

megawatts (MW) of capacity to meet current and forecasted needs of the Company’s customers as identified

in the Company’s 2015 Integrated Resource Plan (PacifiCorp 2015a).

In addition to the construction, operation, and maintenance of the Project, the Company’s transmission system

requires additional work to accommodate the Project. This additional system work has been permitted as a

part of the Project and includes the following:

Relocation of approximately 2 miles of the existing Bears Ears to Bonanza 345kV transmission line

west of the Colorado-Utah border

Rebuilding of two existing 345kV transmission lines (Segments 1 and 2) between the Clover and

Mona Substations in the existing right-of-way to increase capacity as part of the Project

Re-routing of the existing Mona to Huntington 345kV transmission line (Segment 3) through the

Clover Substation

Construction of a 500kV substation yard expansion and installation of equipment at the Clover

Substation to transform (step down) the power from 500kV to 345kV to interconnect the Project with

the Company’s 345kV system


The three 345kV transmission line segments would total 6.6 miles of constructed transmission line.

The 414 mile-long Project will be located on federal lands for 226.6 miles. The remainder of the Project will

be located on privately owned, Indian reservation, and state lands. Table 1-1 describes miles of land

ownership/jurisdiction crossed by the Project.

TABLE 1-1

LAND OWNERSHIP/JURISDICTION – MILES CROSSED BY THE PROJECT

Land Ownership/Jurisdiction Miles Crossed

Bureau of Land Management 223.1

U.S. Forest Service 8.2

State 47.5

Indian Reservation 1.6

Private 135.2

Total: 415.6

1.4 Organization of the Plan of Development

The POD is organized into two volumes: Volume I – Plan of Development and Volume II – Map Sets.

Volume I contains Sections 1 through 5 and the appendices. Volume II includes engineering, mitigation, and

environmental mapping, which support information presented in Volume I. Following is an overview of the

information contained in these two volumes.

1.4.1 Volume I

Volume I of the POD is intended to provide the reader with a general overview (executive summary) of the

Project and key elements of the POD (Sections 1 through 5) and detailed information regarding the required

mitigation measures, protocols, and procedures for the construction, operation, and maintenance of the Project

(appendices). While Sections 1 through 5 provide general information, the appendices (along with the

mapping in Volume II) are more detailed and have been designed to serve as stand-alone documents that may

be readily updated and refined. Following is an outline summary of the information and materials presented in

Sections 1 through 5 and the appendices of the POD.


Figure 1-1 Project Study Area

THIS PAGE INTENTIONALLY LEFT BLANK


1.4.1.1 Sections 1 through 5

Sections 1 through 5 include the following information:

Section 1 – Introduction. Section 1 introduces the Project; discusses the purpose and

organization of the POD; explains the POD’s relationship to other documents; and lists required

authorizations, permits, and approvals required for construction.

Section 2 – Roles and Responsibilities. Section 2 introduces the roles and responsibilities of the

Project team.

Section 3 – Project Description. Section 3 describes the Project facilities (structures,

foundations, conductors, access roads, series compensation stations, etc.), land requirements,

construction disturbance, and rights-of-way.

Section 4 – Environmental Setting, Issues, and Mitigation Measures. Section 4 includes a

brief overview and introduction of the key environmental concerns associated with the

construction of the Project and relevant design features and selective mitigation measures to be

applied to avoid or minimize potential effects. Table 4-3 – Selective Mitigation Measures by Link

and Milepost specifically identifies milepost locations where selective mitigation measures are to

be applied with the intent of reducing impacts to specific resources described in the EIS.

Section 5 – Literature Cited. Section 5 provides the references and literature cited in preparing

the POD.

1.4.1.2 Appendices

The appendices are organized into seven separate appendixes (A through G) as presented below.

Appendix A: Construction Considerations. Appendix A provides detailed information about

the specifics of construction, including the following:

A1 – Flagging, Fencing, and Signage Plan

A2 – Traffic and Transportation Management Plan

A3 – Project Construction

A4 – Environmental and Safety Training Plan

A5 – Environmental Compliance Management Plan (ECMP)

A6 – Operation and Maintenance

Appendix B: Environmental Protection Plans. Appendix B provides environmental protection

plans that are to be implemented during construction and operation and maintenance of the

Project. [NOTE: Appendix B1 – Biological Resources Conservation Plan and Appendix B3 –

Water Resources Protection Plan support the draft POD sufficiently to complete and execute the

BLM, USFS, and BIA RODs for the Project. These plans will be updated and refined by the

agencies, the Company, and Construction Contractor(s) through the development of the POD as

detailed design and engineering of the Project and preconstruction resource surveys are

completed to meet any stipulations of the RODs, BLM right-of-way grant, USFS special-use

authorization, and BIA encroachment permit and grant of easement before the issuance of the

NTPs and commencement of construction. The Company/Construction Contractor(s) will be

responsible for preparing and implementing the POD]. Appendix B includes the following:

B1 – Biological Resources Conservation Plan

Attachment A – Biological Resources Survey Requirements


Attachment B – Biological Resources Monitoring Plan

Attachment C –Wildlife Variance Management Plan

Attachment D – Migratory Bird Nest Management Plan

Attachment E – Clay Phacelia and Deseret Milkvetch Suitable Habitat Parameters

Attachment F – Uinta Hookless Cactus Survey Protocol

Attachment G – Seasonal and Spatial Restrictions for Biological Resources

B2 – Noxious Weed Management Plan

B3 – Water Resources Protection Plan

B4 – Vegetation Management Plan

B5 – Historic Properties Treatment Plan (HPTP)

B6 – Paleontological Resources Treatment Plan (PRTP)

B7 – Erosion, Dust Control, and Air Quality Plan

B8 – Fire Protection Plan

Appendix C: Environmental Protection Plan Frameworks. Appendix C provides plan

frameworks that support the draft POD sufficiently to complete and execute the BLM, USFS, and

BIA RODs, BLM right-of-way grant, USFS special-use authorization, and BIA encroachment

permit and grant of easement for the Project. The plan frameworks serve as baseline documents to

guide development of the complete specific plans developed with the POD before issuance of the

NTPs and commencement of construction. The complete specific plans will be developed by the

Company/Construction Contractor(s) in consultation with the agencies as detailed engineering

design of the Project is completed and will contain the detailed information necessary for site-

specific guidance. The plan frameworks provide Project-specific guidance for development of the

complete specific plans by identifying treatments and measures required to avoid, minimize, and

mitigate Project-related impacts; prevent unnecessary degradation of the environment; ensure

construction activities comply with federal, state, or other agency requirements; and meet any

stipulations of the RODs, BLM right-of-way grant, USFS special-use authorization, and BIA

encroachment permit and grant of easement. The Company/ Construction Contractor(s) will be

responsible for preparing and implementing the POD. Appendix C includes the following:

C1 – Reclamation, Revegetation, and Monitoring Plan Framework

C2 – Stormwater Pollution Prevention Plan (SWPPP) Framework

C3 – Spill Prevention, Containment, and Countermeasures (SPCC) Plan Framework

C4 – Hazardous Materials Management Plan Framework

C5 – Emergency Preparedness and Response Plan Framework

C6 – Blasting Plan Framework

C7 – Water Use Plan Framework

Appendix D: Resource Survey Protocols. Appendix D includes the survey protocols for cultural

and paleontological resources (biological resources survey protocol is included in Appendix B1 –

Biological Resources Conservation Plan).

Appendix E: Land Description of the Project Across Federal Land. Appendix E provides a

legal description of the Project facilities across federal land.

Appendix F: Company Transmission Construction Standards. Appendix F includes the

Company’s transmission line construction standards.

Appendix G: Geotechnical Investigation Plan of Development. Appendix G includes the POD

prepared for the geotechnical investigations.


1.4.2 Volume II: Map Sets

1.4.2.1 Map Set 1 – Project and Environmental Features (1 inch = 2,000 feet [1:24,000])

[Note: Map Set 1 has been developed for the draft POD to satisfy requirements under NEPA and to

support the geotechnical investigations. This map set is the template for maps developed for the final

POD to be used for construction.]

Map Set 1 includes panel maps (scale of 1 inch = 2,000 feet [1:24,000 ]) that illustrate the Project

centerline, Project access, and proposed access for use during the geotechnical investigations,

geotechnical borehole locations (Refer to Appendix G – Geotechnical Investigation POD), and wildlife

features and seasonal restrictions as identified through the development of the EIS. The map sets have

been organized by state as follows:

Map Set 1A – Wyoming

Map Set 1B – Colorado

Map Set 1C – Utah

Results of resource surveys, agency coordination, and detailed engineering will further inform this map

set. The results of those efforts will be included in this map set prior to the commencement of

construction as part of the ongoing development of the POD.

1.4.2.2 Map Set 2 – Key Mitigation and Reclamation Practices (1 inch = 400 feet [1:4,800])

[Note: Map Set 2 has been developed for the draft POD to satisfy requirements under NEPA and to

support the geotechnical investigations. This map set is the template for maps developed for the final

POD to be used for construction.]

Map Set 2 includes a pair of panel maps (aerial photographic maps, scale of 1:4,800 [1 inch = 400 feet]).

Both panels display the Project centerline, Project access, and proposed access for use during the

geotechnical investigations, and geotechnical borehole locations (refer to Appendix G – Geotechnical

Investigation POD). The first panel of the pair of maps delineates key environmental features. The second

panel of the pair of maps delineates where mitigation and conservation measures are to be applied. The

environmental features panels include wildlife features and seasonal restrictions, botanical features, and

other environmentally sensitive areas. The mitigation panels include the selective mitigation as identified

in the EIS, references to applicable species-specific conservation measures, and reclamation zones (refer

to Appendix C1 – Reclamation, Revegetation, and Monitoring Plan Framework) as identified through

development of the EIS and POD. The sets have been organized by state as follows:

Map Set 2A – Wyoming

Map Set 2B – Colorado

Map Set 2C – Utah

Results of resource surveys, agency coordination, and detailed engineering will further inform this map

set. The results of those efforts will be included in this map set prior to the commencement of

construction as part of the ongoing development of the POD.

1.5 Relationship with Other Environmental Documents

This POD includes measures for avoidance, minimization, and mitigation of environmental impacts

resulting from the implementation of this Project as identified in the EIS and approved in the BLM,


USFS, and BIA RODs. This POD incorporates the various regulatory approvals, permits, and other

authorizations that contain environmental requirements, including those measures stipulated in RMPs for

eight BLM field offices (Rawlins, Little Snake, White River, Vernal, Price, Salt Lake, Richfield, and

Fillmore) and two national forests (Uinta and Manti-La Sal). The current land-use plans (and plan

amendments) are as follows:

Record of Decision and Approved Rawlins Resource Management Plan (BLM 2008a) – Rawlins

Field Office

Little Snake Record of Decision and Approved Resource Management Plan (BLM 2011) – Little

Snake Field Office

White River Field Office Record of Decision and Approved Resource Management Plan (BLM

1997) (1997, as amended) – White River Field Office

Price Field Office Record of Decision and Approved Resource Management Plan (BLM 2008b) –

Price Field Office

Richfield District House Range Resource Management Plan and Record of Decision Rangeland

Program Summary (BLM 1987b) – Fillmore Field Office

Richfield Field Office, Record of Decision and Approved Resource Management Plan (BLM

2008c) – Richfield Field Office

Salt Lake District, Record of Decision for the Pony Express Resource Management Plan and

Rangeland Program Summary for Utah County (BLM 1990) (1990, as amended) – Salt Lake City

Field Office

Vernal Field Office Record of Decision and Approved Resource Management Plan (BLM 2008d)

– Vernal Field Office

Uinta National Forest Land and Resource Management Plan (USFS 2003) (2003, as amended) –

Uinta-Wasatch-Cache National Forest

Manti-La Sal National Forest Land and Resource Management Plan (USFS 1986) – Manti-La Sal

National Forest

Northwest Colorado Greater Sage-grouse Approved Land Use Plan Amendment (BLM and USFS

2015)

Wyoming Greater Sage-grouse Approved Land Use Plan Amendment (BLM and USFS 2015)

Utah Greater Sage-grouse Approved Land Use Plan Amendment (BLM and USFS 2015)

1.6 Federal, State, and Local Permits

Table 1-2 presents a list of the major federal, state, and local permits and approvals that could be required

for the duration of the Project. Other Construction Contractor(s)-related permits will be addressed prior to

construction by the Company/Construction Contractor(s).

TABLE 1-2

SUMMARY OF POTENTIAL MAJOR FEDERAL, TRIBAL, STATE, AND LOCAL PERMITS OR

LICENSES REQUIRED AND OTHER ENVIRONMENTAL REVIEW REQUIREMENTS FOR

PROJECT CONSTRUCTION AND OPERATION

Action Requiring

Permit, Approval, or

Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Federal

Locating Facilities on Land under Federal Management

Grant of right-of-way

across American Indian

reservation

Bureau of Indian Affairs

(BIA) in coordination

with Ute Indian Tribe of

the Uintah and Ouray

Indian Reservation

Encroachment permit

and grant of easement

25 Code of Federal

Regulations (CFR) 169


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Preconstruction surveys;

construction, operation,

maintenance

Bureau of Land

Management (BLM)

Right-of-way grant and

temporary-use permit

(an approved Plan of

Development would be

a condition of approval

to granting the right-of-

way)

Federal Land Policy and

Management Act (FLPMA)

of 1976 (Public Law [P.L.]

94-579+); 43 United States

Code (U.S.C.) 1761 et seq.;

43 CFR 2800

Preconstruction surveys;


maintenance

U.S. Forest Service

(USFS)

Special-use

authorization (an

approved Plan of

Development would be

a condition of approval

to granting the special-

use authorization)

FLPMA, as amended

Conversion of use for a

use other than recreation

on lands reserved with

Land and Water

Conservation Fund Act

monies

National Park Service

Review of transmission

line corridor to identify

conflicts with

recreational area

Land and Water

Conservation Fund Act

(P.L. 88-578, Section

6(f)(3))

Construction, operation,

and maintenance of

transmission line across

or in highway rights-of-

way

Federal Highway

Administration

Permits to cross Federal

Aid Highway

Department of

Transportation Act (23 CFR

1.23 and 1.27; 23 U.S.C.

109 and 315); 23 CFR 645;

23 CFR 771

Vehicle Use on National Park Service

Temporary use of

Deerlodge Road to gain

access to the Project area

during construction

National Park Service Special Use Permit

16 U.S.C. 1 and 3 (NPS

Organic Act) and 36 CFR

5.6 and 36 CFR 5.3

Biological Resources

Protection of migratory

birds

U.S. Fish and Wildlife

Service (FWS) Compliance

Migratory Bird Treaty Act

(16 U.S.C. 703 et seq.); 50

CFR 1; individual agency

guidance; Memoranda of

Understanding between

federal land-management

agencies and FWS

Protection of bald and

golden eagles FWS

Compliance (may

require permit for take

of eagles)

Bald and Golden Eagle

Protection Act of 1972 (16

U.S.C. 668), including the

Final Eagle Permit Rule, or

implementing regulations of

September 11, 2009 (50

CFR 13; 50 CFR 22)


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Protection of special-

status species BLM and USFS Compliance

BLM Policy Manual 6840;

Forest Service Manual

2670; individual agency

guidance

Protection of fish,

wildlife, and aquatic

resources

BLM and USFS Compliance

BLM Policy Manuals 6500

and 6720; Forest Service

Manuals 2600 and 2900

Ground Disturbance and Water Quality Degradation

Construction sites with

greater than 1 acre of land

disturbed

Environmental Protection

Agency (EPA) (Wyoming

Department of

Environmental Quality

[WDEQ], Colorado Water

Quality Control

Commission, and Utah

Department of

Environmental Quality

[UDEQ])

Section 402 National

Pollutant Discharge

Elimination System

General Permit for

Storm Water

Discharges from

Construction Activities

(In Utah, Utah Pollutant

Discharge Elimination

System)

Clean Water Act of 1972

(CWA) (33 U.S.C. 1342)

Construction across water

resources

U.S. Army Corps of

Engineers (USACE) General easement 10 U.S.C. 2668 et seq.

Crossing 100-year

floodplain, streams, and

rivers

USACE Floodplain use permits 40 U.S.C. 961

Construction in, or

modification of,

floodplains

Federal lead agency Compliance 42 U.S.C. 4321; Executive

Order 11988 Floodplains

Construction in, or

modification of, wetlands Federal lead agency Compliance

42 U.S.C. 4321; Executive

Order 11990 Wetlands

Potential discharge into

waters of the state

(including wetlands and

washes)

EPA (In Utah,

Administered by UDEQ) Section 401 permit CWA (33 U.S.C. 1344)

Discharge of dredge or fill

material into waters of the

United States, including

wetlands

USACE (In Utah, Utah

Division of Water Rights

administers GP-40)

USACE 404 Permit

(individual or coverage

under nationwide

permit)

CWA (33 U.S.C. 1344);

Utah Code Title 73-3-29

Placement of structures

and construction work in

navigable waters of the

United States

USACE Section 10 permit Rivers and Harbors Act of

1899 (33 U.S.C. 403)

Protection of all rivers

included in the National

Wild and Scenic Rivers

Systems

Affected land-

management agencies

Review by permitting

agencies

Wild and Scenic Rivers Act

of 1968 (P.L. 90-542); 16

U.S.C. 1271 et seq.

Potential pollutant

discharge during


and maintenance

EPA

Spill Prevention

Control and

Countermeasure Plan

for substations

Oil Pollution Act of 1990

(40 CFR 112)


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Cultural Resources

Disturbance of historic

properties

Federal lead agency, State

Historic Preservation

Office (SHPO), Advisory

Council on Historic

Preservation

Section 106

consultation

National Historic

Preservation Act of 1966

(54 U.S.C. 306108; 36 CFR

800)

Potential conflicts with

freedom to practice

traditional American

Indian religions

Federal lead agency,

federal land-management

agency

Consultation with

affected American

Indians

American Indian Religious

Freedom Act of 1978 (42

U.S.C. 1996); Religious

Freedom Restoration Act of

1993 (P.L. 101-141)

Disturbance of graves,

associated funerary

objects, sacred objects,

and items of cultural

patrimony

Federal land-management

agency

Consultation with

affected Native

American groups

regarding treatment of

remains and objects

Native American Graves

Protection and Repatriation

Act of 1990 (25 U.S.C.

3001-3002); Utah Protection

of Human Remains (Utah

Code Annotated [UCA]76-

9-704); Utah Ancient

human remains on

nonfederal lands that are not

state lands (UCA 9-8-309);

Colorado Unmarked Human

Graves (Colorado Revised

Statutes [C.R.S.]) 24-80-

1301 to 1305); Wyoming

Antiquities Act of 1935

(Wyoming Statutes [WS]

35-1-114 to 116)

Investigation of cultural

resources

Affected land-

management agency

State and federal

permits for study of

historical and

archaeological

resources

FLPMA of 1976; Utah

Administrative Code, Title

R694; UTA Sec. 9-8-305

and 9-8-404; Colorado

Historical, Prehistorical, and

Archaeological Resources

Act of 1973 (C.R.S. 24-80-

401 to 410).

Excavation of

archaeological resources

Affected land-

management agency

Permits to excavate and

remove archaeological

resources; American

Indian tribes with

interests in resources

must be consulted prior

to issuance of permits


Protection Act (ARPA) of

1979 (16 U.S.C. 470aa to

470ee); Utah Administrative

Code, Title R694; UCA Sec.

9-8-305 and 9-8-404;

Colorado Historical,

Prehistorical, and


Act of 1973 (C.R.S. 24-80-

401 to 410).


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Protection of segments,

sites, and features related

to national trails

Affected land-

management agency

National Trails System

Act compliance

National Trails System Act

of 1968 (P.L. 90-543); 16

U.S.C. 1241 et seq.

Paleontological Resources

Ground disturbance on

federal land or federal aid

project

NEPA, BLM, and USFS

Compliance with BLM

and USFS mitigation

and planning standards

for paleontological

resources of public

lands

40 CFR 1500-1508;

FLPMA (43 U.S.C. 1701 et

seq.); 36 CFR 291; BLM

Handbook H-8270; BLM

Manual 8270

Collection of

paleontological resources

from federal land

BLM and USFS

Permit to collect

paleontological

resources from federal

land


Preservation Act of 2009

(16 U.S.C. 470aaa.);

FLPMA of 1976; BLM

Handbooks H-8270 and

8270-1

Use of Pesticides

Use of pesticides or

herbicides on federal

lands

Federal land-management

agencies

Incorporate into right-

of-way grant and

temporary-use permit

(BLM) and special-use

authorization (USFS)

Carlson-Foley Act of 1968

(43 U.S.C. 1241); Federal

Noxious Weed Act of 1974

(P.L. 93-629) (76 U.S.C.

2801 et seq.), BLM Manual

9015, Forest Service

Manual 2150

Transportation

Use of National Forest

System Roads USFS Road use permit

Sections 4 and 6, National

Forest Roads and Trail Act

of 1964; 16 U.S.C. 535 and

537

Air Traffic

Location of towers and

spans in relation to airport

facilities and airspace

Federal Aviation

Administration (FAA)

File Notice of Proposed

Construction or

Alteration; FAA to

determine if structure is

No-Hazard

FAA Act of 1958 (P.L. 85-

726); 14 CFR 77

Rate Regulation

Rates for resale and

transmission services

Federal Energy

Regulatory Commission

Federal Power Act

compliance by power

seller

Federal Power Act of 1935

(16 U.S.C. 792)

Tribal

Conduct Business

Conducting business on

the Uintah and Ouray

Indian Reservation

Ute Indian Tribe of the

Uintah and Ouray Indian

Reservation

Business license

Requirement of the Ute

Tribal Employment Rights

Office and Ute Business

Council


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Locating Facilities on Land of Indian Reservations

Crossing roads or

irrigation facilities on

Indian reservation land

BIA Encroachment permit

To be determined upon

receipt of the BIA leasing

and permitting handbook

State of Wyoming

Utility Siting

Primary permitting

authority for transmission

line siting, county level

necessary

Wyoming Public Service

Commission (PSC)

Certificate of Public

Convenience and

Need

Wyo. Stat. § 37-2-202

Wyo. Stat. § 37-2-205

Construction of an

industrial facility

Industrial Siting Division,

WDEQ

Wyoming Industrial

Siting Act Permit

Application

Wyo. Stat. § 3-12-106;

Wyo. Stat. § 3-12-109



greater than one acre of

land disturbed

Water Quality Division,

WDEQ

Section 401 Water

Quality Certification,

Wyoming Pollution

Discharge Elimination,

Large Construction

General Permit, and

Stormwater Pollution

Prevention

Air Quality

Construction Air Quality Division,

WDEQ

Consultation with

WDEQ for compliance

with Construction

General Emission

Standards

Water

Water use for

construction Wyoming State Engineer

Supervision of waters

of the state

Article 8 Section 5 of

Wyoming Constitution

Lands

Extraction of aggregate Land Quality Division,

WDEQ

Permits for mining and

extraction of aggregate Wyo. Stat. § 35-11-401(a)

Safety

Use of electrical features

Fire Marshal, Wyoming

Department of Fire

Prevention and Electrical

Safety

Jurisdiction over

electrical features when

facility not regulated by

Wyoming PSC

Wyo. Stat. § 35-9-120 and

Section 90-2 of

International Electrical

Code

State Lands

Crossing easement Wyoming Office of State

Lands and Investments

Non-roadway easement

and temporary-use

permit for crossing

state-administered land

Utility

Crossing easements Wyoming Department of

Transportation

Utility permit, Self-

issue oversize permit

http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=Wyo.+Stat.+%A7+37-2-202

http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=Wyo.+Stat.+%A7+37-2-202


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Sage-grouse

Requires that all agencies

demonstrate that activity

proposed for permitting

be compliant with the

requirements of the

Executive Order in sage-

grouse core areas

All state agencies Compliance with

Executive Order 2015-4

State of Wyoming

Executive Order 2015-4


Habitat modification Wyoming Game and Fish

Department

Consultation to identify

special-status species

and special-use permit

for crossing wildlife

habitat management

area

Noxious Weeds

Construction and

operation activities

Wyoming Department of

Agriculture Weed and

Pest Control (WWPC)

Compliance WWPC (Title 11, Chapter 5,

Article 1) Act of 1973


Collection of

paleontological resources

from state land

Wyoming Office of State

Land and Investments

Permit to collect

paleontological

resources from state

lands

Wyoming State Code §36-

1-114

State of Colorado

Utility Siting

Primary permitting

authority for transmission

line siting; county level

necessary

Colorado Public Utilities

Commission


Convenience and

Necessity

C.R.S. 40-5-101-106; 4

Code of Colorado

Regulations (CCR) 723-3

Right-of-way Encroachment

Encroachment into state

roadway right-of-way

Colorado Department of

Transportation

Utility/Special-use

Permit C.R.S. 9-1.5-103



greater than 1 acre of land

disturbed

Water Quality Control

Division, Colorado

Department of Public

Health and Environment

Stormwater permit 5 CCR 1002-61

Air Quality

Concrete batch plants,

land development

exceeding 25 acres or

exceeding 6 months

duration

Air Pollution Control

Division, Colorado

Department of Public

Health and Environment

Potential

preconstruction

permit(s)

5 CCR 1001-7; Regulation

No. 3, Part B


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Cultural and Archaeological Resources

Disturbance of cultural or


Office of the State

Archaeologist, Colorado

Office of Archaeology

and Historic Preservation

Potential permit C.R.S. 24-80-401-410

Cultural and Paleontological Resources

Excavation of unmarked

human remains in a

discovery situation

Office of Archaeology

and Historic Preservation

(SHPO)

Permits to excavate C.R.S. 24-80-1301 et seq.


Habitat modification in

wetland or riparian areas

Colorado Division of

Wildlife Wildlife certification

C.R.S. 33-5 through 101-

105

Noxious Weeds

Construction and


Colorado Department of

Agriculture Compliance

C.R.S. 35-5.5-104.5 through

35-5.5-118

State of Utah

Noxious Weeds

Construction and


Utah Department of

Agriculture and Food Compliance

Utah Administrative Code

(UAC) Title R68-9

Permitting Process

Proposed transmission

line facility

Utah Resource

Development

Coordinating Committee

Expedites review of

permitting process for

all state agencies

UAC Title 63J-4-501 and

63J-4-504

Locating Facilities on State Land

Encroachment on,

through, or over state land

Utah Division of Forestry,

Fire and State Lands

(FFSL), Utah School and

Institutional Trust Lands

Administration (SITLA),

and Utah Division of

Wildlife Resources

(UDWR)

Application approval;

easement on state land

(bond may be required)

Utah Code Title 65A-7-8

and UAC Title R652 for

FFSL; Utah Code Title 53C

and UAC Title R850 for

SITLA; and Utah Code Title

23 and UAC Title R657 for

UDWR

Project Need

Project construction Utah PSC


Convenience and

Necessity; approve

construction contracts


and UAC Title R746-401

Cultural Resources

Disturbance of historic

properties

SHPO, Utah Division of

State History

SHPO will comment on

state-funded

undertakings


and UAC Title R455


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Discovery of graves,

associated funerary

objects, sacred objects,

and items of cultural

patrimony on nonfederal-,

nonstate-administered

land

Antiquities, Utah Division

of State History

Consultation with state

agency regarding

treatment of human

remains and funerary

objects


and 9-9-403 to 9-9-405;

UAC Title R203-1 and

R455-4

Survey or excavation of


on lands owned or

controlled by the state

Utah Governor's Public

Lands Policy

Coordinating Office

Permit to survey or

excavate

Utah Code Title 9-8-305;

UAC Title R694-1; and

Utah Rule R212-4


Excavation and collection

of paleontological

resources from state lands

Utah Geological Survey,

Utah Museum of Natural

History, SITLA

Permit to excavate and

collect paleontological

resources from state

land


and 79-3-502; Utah Code

Title 63-73-11 through 63-

73-19

Historical and Cultural Review

Impact on historical sites Utah Division of State

History

Notification of planning

stage and before

construction



Survey or excavation of


on lands owned or

controlled by the state

Utah Governor’s Public

Lands Policy

Coordination Office

Permit to survey or

excavate

Utah Code Title 9-8-305;

UAC Title R694-1

Air Quality

Construction and

operation Utah Air Quality Board Notice of Construction


and UAC Title R317


Construction and

operation Utah Water Quality Board Discharge permit, spills

UAC Section 19-5-101 et.

seq.

Potential discharge into

waters of the state

(including wetlands and

washes)

UDEQ Section 401 permit UAC Title R-317

Wildlife

Modification of habitat UDWR

Easement for use of

state wildlife resource

lands

Utah Code Title 23 and

UAC Title R657

Local

Wyoming Land Use

Construction and

operation of transmission

lines

Carbon County Conditional Use Permit

Carbon County Zoning

Resolution of 2015, Section

5.4, Conditional Use

Permits, and Section 6.4,

Building Permits, Site Plan

Approval


TABLE 1-2




Action Requiring


Review Agency

Permit, License,

Compliance, or

Review

Relevant Laws and

Regulations

Construction and


lines

Sweetwater County

Conditional use;

construction permits;

other permits and

authorizations

Sweetwater County

Development Codes and

International Fire Code

Colorado Land Use

Construction and


lines

Moffat County Conditional Use Permit

Moffat County Zoning

Resolution – Sections 410.3,

465.3, 420.3, 425.3, 415.3

Rio Blanco County Special-use Permit

License

Rio Blanco County Land

Use Resolution 2002 –

Section 186

Utah Land Use

Construction and


lines

Carbon County

Conditional Use

Permit;

Building Permit(s)

Development Code of

Carbon County, Utah –

Sections 4.2.10C, 4.2.11C,

4.2.21C, 4.2.13C, 4.2.14C,

4.2.15C, 4.2.17C, 4.2.1C,

4.2.3C, 4.2.2C, 4.2.16C

County Zoning Resolution –

Section 6.3

Duchesne County Permitted Use

Duchesne County Zoning

Ordinance 2005 – Section

17.12.030 Table of Uses

Juab County Permitted Use

Juab County Zoning

Ordinance 2014 – Section

12-1-702 Use Regulation

Nephi City Conditional Use Permit Nephi City Code Title 10,

Chapter 2

Sanpete County Conditional Use Permit

Sanpete County Land Use

Ordinance 2013 – Chapter

14.28, 14.48, 14.30, 14.40,

14.44

Uintah County Conditional Use Permit

Uintah County Code of

Ordinances 2011 – Chapter

17.28.030, 17.0

Utah County Conditional Use Permit

Utah County Land Use

Ordinance 2010 – Section 5-

5, 5-6, 5-9

Wasatch County Conditional Use Permit

Wasatch County Land Use

and Development Code

2012 – Section 16.05.03,

16.11.02

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