Roper, apologies. I owe your catfish comment a response:
Having reviewed FERC's published material, it does appear matters are in hand. In fact, given NMFS' comments tabled very recently, it could very well be FERC's Orders are imminent (as I can't see any other consultations ongoing. This would also explain why FERC's own timeframe has been exceeded as it's taken ~10 weeks since FEIS for NMFS to respond):
NOAA’s National Marine Fisheries Service (NMFS) has received your letter dated November 19, 2015, transmitting a final environmental impact statement (EIS) for the Magnolia LNG and Lake Charles Expansion Projects. In addition to transmitting the final EIS for our review and comment, your transmittal letter indicated it was the determination of the Federal Energy Regulatory Commission (FERC) the proposed project would not have a significant adverse impact on essential fish habitat (EFH). Further, you requested our concurrence with the “no significant adverse impact” determination.
By letter dated August 12, 2015, NMFS submitted a letter to FERC in response to our review of the draft EIS for this project. Our letter included one EFH conservation recommendation suggesting the final EIS not be released until a mitigation plan had been completed, in coordination with NMFS, and included in the document. The final EIS includes Appendix C titled “Beneficial Use of Dredged Material Plan” which provides much technical details of how more than 800,000 cubic yards of sediment to be dredged from Industrial Canal during project implementation would be placed to create marsh elevations in an open water area known as “Turner’s Bay”. Such creation of marsh in Turner’s Bay is expected to provide compensatory mitigation to offset impacts to EFH associated with the construction of the Magnolia LNG terminal.
The NMFS supports the use of sediment dredged from the Industrial Canal to create marsh in Turner’s Bay. It should be noted there are many details regarding final project design and elevations missing from Appendix C of the final EIS. The NMFS recommends the FERC license issued for the Magnolia LNG terminal require further coordination with NMFS on the finalizing of the beneficial use of dredged material plan. Assuming such a requirement is included in the FERC license, NMFS concurs with FERC’s determination that the Magnolia LNG project would not result in significant adverse impacts to EFH.
Magnolia LNG LLC (“Magnolia LNG”) filed its formal application under Section 3 of the Natural Gas Act for authorization to site, construct, own, and operate the Magnolia LNG Project on April 30, 2014, and has been assigned docket number CP14-347-000.
Magnolia LNG hereby submits its Beneficial Use of Dredged Material Plan (BUDM) for Magnolia LNG’s preferred dredge material placement site, the Turner’s Bay site, as described in the Draft Environmental Impact Statement published on by FERC on July 17, 2015, and referenced in Magnolia LNG’s preliminary Compensatory Mitigation Plan filed with the Commission on August 21, 2015. The BUDM incorporates input from the National Marine Fisheries Service and the U.S. Army Corps of Engineers.As the project moves towards final design and construction, the BUDM will continue to evolve and Magnolia LNG will supplement the BUDM as appropriate.
In accordance with Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, we have reviewed the Essential Fish Habitat (EFH) conservation recommendation provided by your office in response to the EFH Assessment as presented in the draft Environmental Impact Statement (EIS) for the Magnolia LNG and Lake Charles Expansion Projects.
Your comment letter, dated August 12, 2015, included the following conservation recommendation to ensure the conservation of EFH and associated fishery resources:
NMFS recommends a final environmental impact statement not be completed until a mitigation plan has been developed, in coordination with NMFS, and can be included in the document.
We are continuing to analyze the projects’ potential effects to EFH. Magnolia LNG, LLC (Magnolia) submitted a preliminary Compensatory Mitigation Plan for the project on August 21, 2015. On August 27, 2015, additional information was submitted relating to Magnolia’s proposed beneficial use of dredge material, which will assist us in our analysis.
In addition, FERC staff participated in a meeting on September 3, 2015, with the National Marine Fisheries Service (NOAA Fisheries), U.S. Army Corps of Engineers, and Magnolia regarding NOAA Fisheries’ conservation recommendation. We intend to assimilate the information provided by Magnolia and gathered from the September 3 meeting into the final EIS for the projects. Often we issue a final EIS with updated resource information but continue required consultation between FERC and other federal resource agencies beyond the issuance of the final EIS. FERC practice is to not authorize any construction until all required federal permits and consultations have been completed.
