The U.S. Army Corps of Engineers has announced the opening of the public scoping process for a new easement for the Dakota Access Pipeline crossing under Lake Oahe. The announcement published this week in the Federal Register begins the process of developing an environmental impact statement (EIS) on the DAPL crossing between Morton and Emmons Counties.
The EIS will determine whether the Corps grants a new easement after the DC District Court invalidated the previous one. The court is considering whether to require DAPL be shut down pending completion of the EIS (see story below). State officials have said that shutting down DAPL “will result in billions of dollars in losses to North Dakota’s oil industry and a drastic reduction in North Dakota’s tax revenue.”
The Corps’ announcement opens a 45-day comment period, which will include virtual scoping meetings to be held October 15 and 16, from 6:00 to 9:00 p.m. CDT each day. The public meetings will be conducted via a Facebook Live event. Participants won’t need a Facebook account to watch the meeting, but will need an account to use the meeting’s chat function. Participants can watch on their computer or hand-held device by clicking this link on the date of the meeting. Each public meeting will be recorded and a link will be made available to view it later.
The Corps previously granted permission to Dakota Access, LLC, in July 2016 for the pipeline crossing under Lake Oahe about a half mile upstream of the northern boundary of the Standing Rock Reservation. The Corps decision was supported by a finding of no significant impact based on an Environmental Assessment. The DAPL easement was granted in February 2017, allowing installation, construction, operation and maintenance of the 30-inch diameter horizontal directional drill crude oil pipeline.
The pipeline began operation on June 1, 2017, but earlier this year the DC District Court ordered the Corps to prepare an EIS for the requested easement because the pipeline’s “effects on the quality of the human environment are likely to be highly controversial.”
Comments are intended to assist in identifying the scope of potentially affected environmental, social, and economic issues relevant to the potential grant of an easement and determining if there are reasonable alternatives to be considered in the EIS. The Corps’ review of the easement request suggests four possible alternatives:
- No action alternative, where the Corps would not grant an easement and would require restoration of the Corps-administered federal lands to pre-pipeline construction conditions;
- The Corps would not grant an easement and would take no further action;
- The Corps would grant the requested easement with the same conditions as the vacated easement;
- The Corps would grant the requested easement with additional conditions beyond those in the vacated easement.
Scoping comments can be mailed to: U.S. Army Corps of Engineers Omaha District ATTN: CENWO–PM–A–C (DAPL NOI) 1616 Capitol Avenue Omaha, NE 68102
Scoping comments can also be emailed to: NWO-DAPL-EIS@usace.army.mil. The subject line of an email should read ‘‘Scoping Comments, Dakota Access Pipeline Crossing.” Comments can be left via voicemail at (402) 995-2036. The deadline for comments on the scope of the EIS is October 26.
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