Legalectric

As we know, tRump signed a “Memorandum” (note, it is NOT an “Executive Order”) to ram through DAPL.  Here’s the cut and paste of the Memorandum, also here at the White House Memoranda page:

Trump_Memorandum Dakota Access

One part I’m particularly concerned with is the second paragraph, where the Army Corps is ordered to consider rescinding or modifying the denial of the permit, and whether to withdraw the Notice of Intent and request for Scoping Comments for the Environmental Impact Statement:

(ii) consider, to the extent permitted by law and as warranted, whether to rescind or modify the memorandum by the Assistant Secretary of the Army for Civil Works dated December 4, 2016 (Proposed Dakota Access Pipeline Crossing at Lake Oahe, North Dakota), and whether to withdraw the Notice of Intent to Prepare an Environmental Impact Statement in Connection with Dakota Access, LLC’s Request for an Easement to Cross Lake Oahe, North Dakota, dated January 18, 2017, and published at 82 Fed. Reg. 5543;

Really.  That’s tRumpspeak for “Issue the Permit, Who Needs an EIS!”  So methinks it’s VERY important to get a lot of detailed scoping comments in ASAP!

What are Scoping Comments?  It’s kind of a term of art, they are comments laying out what you think should be covered in the Environmental Impact Statement.  It’s a “broadening” exercise, one where you bring up all the things that could be, should be, relevant and investigated, disclosed, analyzed, in the Environmental Impact Statement.  Form letters and postcards won’t cut it, this requires a little time and thought, and because you can email them, it’s pretty easy.  Just be specific about what issues should be considered.  Because they’re looking for “alternative routes” I wouldn’t give them any, because if they put it anywhere, it’s a problem, so I’d recommend instead saying that moving the pipeline doesn’t lessen the odds of rupture, failure, corrosion, and that the pipeline is too much of a rupture waiting to happen to route anywhere!

Here’s the Notice:

Notice of Intent to Prepare an Environmental Impact Statement

pdf of Notice: 017-00937_Federal Register – Notice EIS

Scoping comments are due by February 20, 2017.  By mail, and they ask that you include your name, return address, and “NOI Comments, Dakota Access Pipeline Crossing” on the first page of your written comments:

Gib Owen

Office of the Assistant Secretary of the Army for Civil Works

108 Army Pentagon

Washington, DC 20310-0108

By email to gib.a.owen.civ@mail.mil – use Subject: NOI Comments, Dakota Access Pipeline Crossing

They say they want comments about these issues:

(1) Alternative locations for the pipeline crossing the Missouri River;

(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe’s water intakes, and the Tribe’s water, treaty fishing, and hunting rights; and

(3) Information on the extent and location of the Tribe’s treaty rights in Lake Oahe.

… BUT… don’t limit your input — get creative, be specific, really think about impacts, about connected actions, about the entire length of this pipeline, about each of the bodies of water, the archeological features, protected wildlife areas, homes right next to the line, aquifers with so many wells drawing their water supply, nearby transmission lines which are known to corrode pipelines if too close.  In the Notice, they specifically state, “The range of issues, alternatives, and potential impacts may be expanded based on comments received in response to this notice and at public scoping meetings.”  So now it’s our job to be very, very specific about the broad range of issues to be included in the Environmental Impact Statement.

Ask and you shall receive, eh?  I’d not checked on this, was buried in other stuff this week, but LOOK!

MPCA – January 6 Notice of Comment Extension – p-ear2-119d

YES!  this is good because the MPCA did not release the primary documents until December 30, 2016, and there’s no excuse for denying the public time to review the Application, etc.

Once more with feeling, here are the Comments I’d filed on behalf of the Tyler Hills Neighbors on January 4, 2017, and Comments of Indian Affairs Council and Minnesota Department of Administration:

I’d requested information on the Lab USA project from MPCA and City of Red Wing, and got some info last week:

Hey Red Wing — MPCA’s Lab USA documents here!

And they granted an extension for Comments due to the delay in providing primary documentation for review (DOH!) — Comments are now due January 19, 2017:

Lab USA’s Ash Processing Facility – Red Wing – EAW – Comment period extension (p-ear2-119c)

Hiding in the MPCA’s EAW, Appendix B, is this map, above.  The map shows the Water Tanks Burial Mounds, and the western end of the area is about 1/2 of the Red Wing Laydown Yard and Crusher site.  Oh my!  I’d noticed that factoid and included in my comments for the Tyler Hills Neighbors (p. 14):

Comments -_Tyler Hills Neighbors & Exhibits

Note the Red Wing Laydown Yard and Crusher site, on the right hand side of that clearing:

They also want to run a drainage ditch through and put ponds in that area — note they did NOT include the ponds in this depiction of drainage plans!

Here’s one with the “ponds” (no real plan yet, City of Red Wing is supposed to file that before they build it!) and note that the scenic easement as depicted here is further south than it is in another map, where the scenic easement overlaps the southern edge of the clearing (all of these maps are from the EAW, fyi):

Turns out I’m not the only one that noticed that encroachment of the Red Wing project (click for document or larger view):

Comment Letter – Dept of Administration

Look at that, “direct consultation with the Office of the State Archaeologist and the Minnesota Indian Affairs Council…”  Do ya think Prairie Island Indian Community might be interested, have an interest?!?!

Here’s the Comment from the Indian Affairs Council (click for document or larger view):

Comment Letter – Indian Affairs Council

A quick reminder:

Here’s the EAW — Comments are due by January 4, 2017:

EAW – Lab USA SW-670-001 – p-ear2-119a

Send Comments to (click for larger image):

These are the documents I’ve received from the MPCA thus far.  There’s a lot and I’ll be uploading today:

Lab USA Permit Application

June 16 Permit Application-Part 1 Checklists

June 16 Permit Application Part 2 Design-Rep

June 16 Permit Application Part 3 OM

June 16 Permit Application Part 4 Plans

Lab USA Documents

Public Notice – Checklist – LabUSA

Technical Support  Document – LabUSA

SW 670

2025947-212729-Lab USA Stmt of Authority

2062890-212729-Corresp Lab USA – Permit App Amendments

1906244-212729-Corresp 7/20/2016 – MPCA – Technical Comments

2025941-212729-public-sw-670-Corresp SEH Permitting Responses