MITIGATED FINDING OF NO SIGNIFICANT IMPACT ENVIRONMENTAL ASSESSMENT DAKOTA ACCESS PIPELINE PROJECT WILLIAMS MORTON AND EMMONS COUNTIES NORTH DAKOTA

Introduction:

In

accordance with the National Environmental Policy Act (NEPA) and its implementing regulations, an Environmental Assessment (EA) was prepared to evaluate the potential effects

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the United States Army Corps

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Engineers (USACE), Omaha District (District), granting permission under Section 14

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the Rivers and Harbors Act

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1899, codified

33

U.S.C. Section 408 (Section 408),

to

Dakota Access, L.L.C. (Dakota Access) to allow the proposed Dakota Access Pipeline (DAPL) Project to cross federal real property interests administered by the Dist rict. Specific ally, the DAPL project w ould cro ss fede ral flowage easements near the upper end

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Lake Sakakawe a, north

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he Missouri River in Williams County, North Dakota, and federally-owned property at Lake Oahe in Morton and Emmons countie s, North Dakota. Dakota Access proposes the DAPL Proj ect

to

efficiently and safely transport at least 570,000 barrels

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crude oil per day (bpd) from the Bakken and Three Forks production region in North Dakota to a crude oil market hub located near Patoka, Illinois, and ultimately to refineries located in the Midwest and the Gul f Coas t, where 80

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the U.S. refining capabilities exist. The EA follows guidelines promulgated by the Council

on

Environmental Quality (CEQ) for implementing the procedural provisions

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NEPA (40 Code

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Federal Regulations [CFR] 1500- 1508 and Corps regulation ER 200-2-2

[33

CFR 230]). This action is being completed in accordance with CEQ regulations in Section 1506.5(a) and 1506.5(b) , which allow an applicant to prepare an EA for federal actions. The Corps has independently evaluated and verified the information and analysis undertaken in the EA and takes full responsibility for the scope and content contained herein. Corps offices involved with the preparation and review

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his document are provided in Section 9.0

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the EA.

Purpose and Need:

The purpose and need

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the federal action is to determine whether USACE may grant permission for Dakota Access to place the pipeline

on

federal real property interests acquired and managed by USACE for the Garrison Darn/Lake Sakakawea and Oahe Darn/Lake Oahe projects . Section 408 authorizes the Corps

to

grant permission to Dakota Access to modify federal flood control and navigation projects, provided the modifications are not injurious to the public interest and will not impair the usefulness

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the projects. The EA addresses the purpose and need

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the pipeline, as well as the location and method

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installation

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the pipeline, but the analysis is limited to the effects

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allowing the pipeline to cross federal flowage easements near the upper end

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Lake Sakakawea , and federally owned lands at Lake Oahe in North Dakota.

Project Summary:

The proposed DAPL project is an approximately

1

10 0 long crude oil pipeline which would begin near Stanley, North Dakota, and end

t

Patoka, Illinois . In North Dakota, there are two pipeline segments, including the 148-mile Supply Line and the 210-mile Mainline, which total approximately 358 miles across seven counties (Mountrail, Williams, McKenzie, Dunn, Mercer, Morton, and Emmons). The diameter

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he pipeline increase s incrementally at designate d . tank terminals from

12

inches to 20, 24, and ultimately , 30 inches . The DAPL pipeline is co-