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<blockquote data-quote="gst" data-source="post: 122447" data-attributes="member: 373"><p><strong><span style="font-family: inherit"><span style="font-family: inherit">http://www.usace.army.mil/Dakota-Access-Pipeline/FAQs/</span></span></strong></p><p><strong><span style="font-family: inherit"><span style="font-family: inherit"></span></span></strong></p><p><strong><span style="font-family: inherit"><span style="font-family: inherit"></span></span></strong></p><p><strong><span style="font-family: inherit"><span style="font-family: inherit"><span style="color: #ff0000">USACE does not directly determine what routes pipelines and other utilities will take across the nation. A denial of a permit may in fact alter the route of a planned utility, but USACE does not make the final determination on primary or recommend alternate utility route decisions. </span> The USACE did evaluate alternatives as part of compliance with the National Environmental Policy Act, including one alternative route north of Bismarck, N.D. This alternative was determined not to be a viable alternative because of multiple factors including that it was not co-located with other infrastructure, the route's impacts to wellhead water resources, constraints on the route from the North Dakota Public Service Commission's 500-foot residential buffer requirement, and the route's additional impacts to areas identified as High Consequence areas under Pipeline and Hazardous Materials Safety Administration regulations.</span></span></strong></p><p> <strong><span style="font-family: inherit"></span></strong></p><p><strong><span style="font-family: inherit"><span style="font-family: inherit"></span></span></strong></p><p><strong><span style="font-family: inherit"><span style="font-family: inherit">On July 25, 2016, the Omaha, Rock Island, and St. Louis Districts verified that approximately 200 water body crossings by the pipeline were authorized under Nationwide Permit #12, <span style="color: #ff0000">and the Omaha and Rock Island District commanders granted permission under 33 U.S.C. § 408 (section 408) where the pipeline crossed Corp-managed projects. Covered by these actions were two of the three authorizations required for the Lake Oahe crossing - the section 408 permission and the Nationwide Permit #12 verification.</span> These authorizations did not include the third authorization for the Lake Oahe crossing, which is the easement required to cross Corps-managed federal lands. On August 4, 2016, the St. Louis District granted section 408 permissions for crossings at (1) McGee Creek and (2) Coon Run Levees in Illinois; (3) Carlyle Lake flowage easements in Illinois, and (4) Illinois River navigation channel in Pike and Morgan counties Illinois. On August 5, 2016, the St. Louis District also issued verifications that water crossings at Illinois River and in Fayette County, Illinois, met the terms and conditions of Nationwide Permit #12.</span></span></strong></p><p><strong><span style="font-family: inherit"><strong><span style="font-family: inherit"><span style="font-family: inherit"><em> <span style="color: #0000ff">So 2 out of 3 authorizations were granted along with over 200 other water crossings</span><span style="color: #ff0000">. </span></em></span></span></strong></span></strong></p><p><strong><span style="font-family: inherit"><strong><span style="font-family: inherit"><span style="font-family: inherit"></span></span></strong></span></strong></p><p><strong><span style="font-family: inherit"><strong><span style="font-family: inherit"><span style="font-family: inherit"></span></span></strong></span></strong></p><p><strong><span style="font-family: inherit"><strong><span style="font-family: inherit"></span></strong>A:</span> USACE has jurisdiction only over a very small portions of the total DAPL project, approximately 3 percent of the pipeline’s 1,168 total miles, and not over the entire pipeline. <span style="color: #ff0000">The USACE approved approximately 200 jurisdictional water crossings that required permission under the Clean Water Act and the Rivers and Harbors Act, gave permission for the pipeline to cross seven USACE projects and managed federal lands under 33 U.S.C. 408</span>. USACE has not granted the easement for the pipeline to cross Lake Oahe. <span style="font-size: 18px"><span style="color: #ff0000">USACE determined that an Environmental Impact Study prepared under the National Environmental Policy Act was not required for any of the portions of the pipeline within USACE's jurisdiction. </span></span></strong></p><p><strong><span style="font-size: 18px"><span style="color: #ff0000"></span></span></strong></p><p><strong><em></em></strong></p><p><strong><em><span style="color: #0000ff">So it seems the rules regarding environmental impact as well as permitting were followed. Seems as thought the intent to permit this pipeline would stand up in a court of law..................maybe not one of Obamas courts. It would be nice if these protector supporters would actually know a few of these facts</span></em></strong></p><p><strong><em><span style="color: #0000ff"></span></em></strong></p><p><strong><em><span style="color: #0000ff">Want to see Obamas DOJs position? (note the emboldened portion of the COE statement above. The area the DOJ claims needs a NEPA ruling on is the portion under the COE juristiction it is claiming none was needed on. "I'm from the govt and I'm here to help"..........</span><span style="color: #ff0000"></span></em></strong></p><p><strong><em><span style="color: #ff0000"></span></em></strong></p><p><strong><em><span style="color: #ff0000"></span></em><span style="color: #333333"><span style="font-family: 'Georgia'">On the heels of that ruling, however, the Justice Department, the Department of the Army and the Interior Department <a href="https://www.justice.gov/opa/pr/joint-statement-department-justice-department-army-and-department-interior-regarding-standing" target="_blank">announced that construction</a> in an area of Army Corps' land that is particularly significant to the tribe will not go forward pending further evaluation.</span></span></strong></p><p><strong><span style="color: #333333"><span style="font-family: 'Georgia'"><span style="font-size: 18px">"The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe <span style="color: #ff0000">until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws,</span>"</span> the statement read.</span></span></strong></p><p><strong></strong></p></blockquote><p></p>
[QUOTE="gst, post: 122447, member: 373"] [B][FONT=inherit][FONT=inherit]http://www.usace.army.mil/Dakota-Access-Pipeline/FAQs/ [/FONT] [FONT=inherit][COLOR=#ff0000]USACE does not directly determine what routes pipelines and other utilities will take across the nation. A denial of a permit may in fact alter the route of a planned utility, but USACE does not make the final determination on primary or recommend alternate utility route decisions. [/COLOR] The USACE did evaluate alternatives as part of compliance with the National Environmental Policy Act, including one alternative route north of Bismarck, N.D. This alternative was determined not to be a viable alternative because of multiple factors including that it was not co-located with other infrastructure, the route's impacts to wellhead water resources, constraints on the route from the North Dakota Public Service Commission's 500-foot residential buffer requirement, and the route's additional impacts to areas identified as High Consequence areas under Pipeline and Hazardous Materials Safety Administration regulations.[/FONT] [FONT=inherit] On July 25, 2016, the Omaha, Rock Island, and St. Louis Districts verified that approximately 200 water body crossings by the pipeline were authorized under Nationwide Permit #12, [COLOR=#ff0000]and the Omaha and Rock Island District commanders granted permission under 33 U.S.C. § 408 (section 408) where the pipeline crossed Corp-managed projects. Covered by these actions were two of the three authorizations required for the Lake Oahe crossing - the section 408 permission and the Nationwide Permit #12 verification.[/COLOR] These authorizations did not include the third authorization for the Lake Oahe crossing, which is the easement required to cross Corps-managed federal lands. On August 4, 2016, the St. Louis District granted section 408 permissions for crossings at (1) McGee Creek and (2) Coon Run Levees in Illinois; (3) Carlyle Lake flowage easements in Illinois, and (4) Illinois River navigation channel in Pike and Morgan counties Illinois. On August 5, 2016, the St. Louis District also issued verifications that water crossings at Illinois River and in Fayette County, Illinois, met the terms and conditions of Nationwide Permit #12.[/FONT] [B][FONT=inherit][FONT=inherit][I][COLOR=#ff0000] [/COLOR][COLOR=#0000ff]So 2 out of 3 authorizations were granted along with over 200 other water crossings[/COLOR][COLOR=#ff0000]. [/COLOR][/I] [/FONT] [/FONT][/B]A:[/FONT] USACE has jurisdiction only over a very small portions of the total DAPL project, approximately 3 percent of the pipeline’s 1,168 total miles, and not over the entire pipeline. [COLOR=#ff0000]The USACE approved approximately 200 jurisdictional water crossings that required permission under the Clean Water Act and the Rivers and Harbors Act, gave permission for the pipeline to cross seven USACE projects and managed federal lands under 33 U.S.C. 408[/COLOR]. USACE has not granted the easement for the pipeline to cross Lake Oahe. [SIZE=5][COLOR=#ff0000]USACE determined that an Environmental Impact Study prepared under the National Environmental Policy Act was not required for any of the portions of the pipeline within USACE's jurisdiction. [/COLOR][/SIZE] [I] [COLOR=#0000ff]So it seems the rules regarding environmental impact as well as permitting were followed. Seems as thought the intent to permit this pipeline would stand up in a court of law..................maybe not one of Obamas courts. It would be nice if these protector supporters would actually know a few of these facts Want to see Obamas DOJs position? (note the emboldened portion of the COE statement above. The area the DOJ claims needs a NEPA ruling on is the portion under the COE juristiction it is claiming none was needed on. "I'm from the govt and I'm here to help"..........[/COLOR][COLOR=#ff0000] [/COLOR][/I][COLOR=#333333][FONT=Georgia]On the heels of that ruling, however, the Justice Department, the Department of the Army and the Interior Department [URL="https://www.justice.gov/opa/pr/joint-statement-department-justice-department-army-and-department-interior-regarding-standing"]announced that construction[/URL] in an area of Army Corps' land that is particularly significant to the tribe will not go forward pending further evaluation.[/FONT][/COLOR] [COLOR=#333333][FONT=Georgia][SIZE=5]"The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe [COLOR=#ff0000]until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws,[/COLOR]"[/SIZE] the statement read.[/FONT][/COLOR] [/B] [/QUOTE]
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