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July 12, 2019

BY ELECTRONIC FILING

Kimberly D. Bose
Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426

Re: Annova LNG Common Infrastructure, LLC, Docket No. CP16-480

Dear Ms. Bose:

On July 13, 2016, Annova LNG Common Infrastructure, LLC, Annova LNG Brownsville
A, LLC, Annova LNG Brownsville B, LLC, and Annova LNG Brownsville C, LLC (collectively,
“Annova”) filed with the Commission an Application for Authorization Under Section 3 of the
Natural Gas Act to site, construct, and operate new liquefaction and export facilities located on the
Brownsville Ship Channel in Cameron County, Texas.

On May 30, 2019, FERC posted to the docket the United States Fish and Wildlife Service’s
letter acknowledging initiation of formal Section 7 consultation under the Endangered Species Act
of 1973 and requesting additional information. Enclosed is Annova’s response to the information
requested.

Please contact the undersigned with any questions regarding this submission.

Respectfully submitted,

/s/ Brett A. Snyder

Brett A. Snyder
Counsel to Annova LNG Common
Infrastructure, LLC, Annova LNG
Brownsville A, LLC, Annova LNG
Brownsville B, LLC, and Annova LNG,
Brownsville C, LLC
BAS:lnr
Enclosure

cc: Eric Tomasi, FERC

John Peconom, FERC
Blank Rome LLP | blankrome.com 
 Annova LNG
Brownsville Project

Responses to
USFWS Letter Regarding Initiation
of Formal Consultation
(Accession No. 20190530-4002)

Docket No: CP16-480-000

July 9, 2019

Submitted by:

1001 Louisiana Street, Suite 2300

Houston, TX 77002

Prepared by:
This page intentionally left blank.

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

TABLE OF CONTENTS

Section Page

Acronyms and Abbreviations ............................................................................................ iv

REQUEST 1.........................................................................................................................1
REQUEST 2.........................................................................................................................2
REQUEST 3.........................................................................................................................4
REQUEST 4.........................................................................................................................5
REQUEST 5.........................................................................................................................6

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

ACRONYMS AND ABBREVIATIONS

Annova LNG Annova LNG Common Infrastructure, LLC, Annova LNG

Brownsville A, LLC, Annova LNG Brownsville B, LLC, and
Annova LNG Brownsville C, LLC (collectively ,“Annova LNG”)
BA biological assessment
BND Brownsville Navigation District
FERC Federal Energy Regulatory Commission
kV kilovolt
LNG liquefied natural gas
LRGVNWR Lower Rio Grande Valley National Wildlife Refuge
Project Annova LNG Brownsville Project
ROW right-of-way

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Request 1.

The northern aplomado falcon in South Texas is covered for take under the Endangered
Species Act by a 99-year Safe Harbor Agreement and associated 10 (a)1B permit that
allows development to take aplomados in the area around the Port of Brownsville.
However, we encourage aplomado habitat conservation measures across the landscape to
offset cumulative impacts over time. We also request that per the Safe Harbor Agreement,
you alert us to aplomado nests in the project area and any eggs and young, so these can be
re-located, if needed.

Response: As discussed in the Biological Assessment, Annova will incorporate the following
conservation measures to avoid and minimize potential effects of the Project on the northern
aplomado falcon:

• Clearing of vegetation in suitable aplomado falcon nesting habitats would be scheduled from
September through February, outside the nesting season for aplomado falcons, when
possible;
• If vegetation clearing is conducted in suitable aplomado falcon nesting habitat during the
nesting season (March through August), then a nest survey would be conducted prior to the
proposed clearing; and
• If an active aplomado nest is found on the Project site, Annova in coordination with the BND
would notify The Peregrine Fund and allow them to survey for nests/offspring in the Action
Area in order to relocate them out of the Action Area prior to habitat removal.

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Request 2.

a. Additional information needed for the biological assessment (BA) includes cumulative
landscape level effects to the ocelot and jaguarundi. The Service requests an analysis of
the cumulative impacts of the 36-inch diameter natural gas supply lateral pipeline.
b. Please confirm plans to directionally drill the pipeline in the same manner as the Valley
Crossing Pipeline between State Highway 4 and the Project to avoid impacts to the
loma.
c. Additional details of the approximately 55 acres of temporarily impacted habitat should
be provided including habitat type and restoration methodologies.
d. We recommend vegetative restoration be monitored for five years to increase the
chances of success or until there is 80% of native vegetative coverage.

Response:
a. Similar to the non-jurisdictional overhead transmission line and underground water supply
pipeline, a portion of the gas supply lateral would occur within the Action Area along the
Project’s main access road. The BA includes Appendix C Threatened and Endangered
Species Evaluation for the non-jurisdictional third-party constructed, owned, and operated
lateral pipeline, the western 1.8 miles of the pipeline route (north of SH 48) crosses
undeveloped land but is collocated with the recently constructed Valley Crossing Pipeline.
The next 4.2 miles of the route crosses under SH 48 and the Brownsville Ship Channel
(BSC), and property on either side of the BSC that have been heavily disturbed by past and
ongoing dredged material placement. The pipeline would cross SH 48 and the BSC via
horizontal directional drilling. The eastern 3 miles crosses coastal prairie that is less disturbed
but has been affected by development of adjacent dredged material placement areas.
Except for the areas avoided by horizontal directional drilling, construction of the natural gas
lateral would include clearing, grading, and other construction activities that could result in
the removal of vegetation, alteration of wildlife habitat, and displacement of wildlife. In
addition, construction of the natural gas lateral would temporarily increase noise, vehicle
traffic, and human disturbances in the Action Area during construction. As described in the
BA Section 6.2 Assessment of Cumulative Effects, after overhead transmission lines and
underground pipelines are constructed, the rights-of-way are restored and revegetated, and
they have a relatively small area of permanent impact. In addition, the description of
operating impacts in Section 6.2 of the BA would also apply to the portion of the non-
jurisdictional third-party gas supply lateral in the Action Area: transmission lines and
pipelines typically have low disturbance during operation. Long-term impacts to important
habitats may occur if the utilities are installed through stands of dense thornshrub that
provide habitat for the ocelot and jaguarundi and take many years to establish.
b. The USACE Permit Application #SWG-2015-00110 Public Notice provided detailed
pipeline alignment sheets of the pipeline route which show each location of horizontal
directional drilling and that the gas supply lateral will be placed on BND property in the
utility corridor between State Highway 4 and the Project to avoid impacts to the lomas and
loma vegetation. HDD crossing at the BSC (Sheet 4 of 40) and wetlands at MP 2.3 (Sheet 16
of 40) and MP 3.1 (Sheets 17 and 18 of 40) will also minimize wetland impacts. Annova

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

does not have information on the manner in which Valley Crossing Pipeline implemented
horizontal direction drilling.
c. Table 5-1 below of the USACE Permit Application #SWG-2015-00110 summarizes the
potential impacts to vegetation from construction of the non-jurisdictional third-party gas
supply lateral, including loma vegetation.
d. The gas supply lateral would be required to meet restoration requirements per agency
consultations. Annova anticipates that restoration efforts would return vegetation to baseline
conditions, and appropriate action would be taken if areas do not revegetate properly. Post-
construction procedures include decompaction to prevent permanent impacts from soil
compaction.

Table 5-1 Vegetation Community Acreage

Temporary Impacts during Construction
Acres in Construction ROW
Survey Access Operational
Vegetation Communities Corridor Road ROW TWS ATWS Total
Barren 69.4 0.9 12.2 11.2 4.0 28.3
Coastal: Mangrove Shrubland 2.1 0.0 0.0 0.0 0.0 0.0
Coastal: Salt and Brackish 0.2 0.0 0.0 0.0 0.0 0.0
High Tidal Marsh
Coastal: Salty Flat/Depression 89.1 0.0 14.4 13.6 2.8 30.8
Coastal: Unvegetated 40.1 0.0 5.3 5.4 0.5 11.2
Flat/Washover
Freshwater Wetland 0.6 0.0 0.0 0.0 0.1 0.1
Gulf Coast: Salty Prairie 121.4 0.0 15.5 17.2 6.3 39.0
Open Water 6.6 0.0 0.0 0.0 0.0 0.0
South Texas: Disturbance 12.5 0.2 1.2 1.5 1.9 4.8
Grassland/Shrubland
South Texas: Loma 8.9 0.0 0.0 0.0 0.0 0.0
Evergreen Shrubland
South Texas: Loma 3.7 0.0 0.8 0.6 0.1 1.6
Grassland/Shrubland
Transportation (Hwy 48) 0.9 0.0 0.0 0.0 0.0 0.0
Pipeline Total 355.5 1.1 49.4 49.5 15.7 115.7
Key:
ATWS = additional temporary workspace
Hwy = highway
ROW = right-of-way
TWS = temporary workspace

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Request 3.

A new 138-kV transmission line that is 15 miles long will traverse loma habitat that is to be
protected by a perpetual conservation easement (Loma de la Jauja) in development of the
access road.

a. The Service recommends moving the transmission line north to avoid impacting ocelot
habitat in the proposed perpetual conservation easement.
b. Also, please include acres of habitat by type to be permanently and temporarily
impacted by this line.

Response:
a. Section 1.4 of the FEIS discusses non-jurisdictional facilities, including the 138-kV
transmission line. As described in the FEIS, South Texas Electric Cooperative would conduct
a routing study, including a public information meeting, and analyze several potential routes
for the new transmission line, and would then file an application for the facilities with the
Public Utility Commission (PUC) of Texas to initiate the regulatory process. The PUC would
then select the final location of the transmission line route. Figure 1.4.3-1 of the FEIS also
shows a potential route for the transmission line and that it does not traverse the proposed
conservation easement on Loma de la Jauja or the associated loma habitat. Please note that in
its FERC application, Annova identified an example route for the transmission line and a
desktop analysis of impacts for the purpose of describing non-jurisdictional facilities and
evaluating cumulative impacts.
Annova anticipates that the gas supply lateral, transmission line, and water supply pipeline
would be collocated in the same utility corridor to minimize environmental impacts. The
BND Application SWG-2018-00273 plans to relocate a portion of the dikes surrounding
Dredge Material Placement Area 5B to allow space for the utility corridor. The USACE is
reviewing the BND application to relocate the dikes. Further, the USACE Public Notice
included the Alternatives Analysis for the third-party natural gas supply lateral and describes
the route as part of the utility corridor, and that the utility corridor was moved slightly to the
north to avoid an area (MP 6.6 to 6.7) of dense loma vegetation.
b. Impacts on habitat by type permanently and temporarily impacted by the 138-kV
transmission line would not be available until a routing study is conducted. However, as
presented in Table 4.13.3-1 of the FEIS, the example route for the 138-kV transmission line
would impact 26.1 acres of wetlands and 2.9 acers of upland scrub/shrub. Construction
activities would likely remove vegetative communities within the construction corridor of the
138-kV transmission line. After construction, the corridor would be restored with vegetative
habitat. Some vegetation may be converted from scrub-shrub to upland grassland/herbaceous
to prevent tree growth within the corridor. Annova is working closely with STEC to ensure
consideration of the environmental constraints in the area, including loma habitat.

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Request 4.

A new potable water pipeline, about 5.9 miles long, has the same alignment as the natural gas
lateral between State Highway 4 and the Project and will go through the perpetual
conservation easement (Loma de la Jauja) with [Brownsville Navigation District] BND that is
to protect cat habitat in exchange for use of the Lower Rio Grande Valley National Wildlife
Refuge access road right of way.

a. The Service recommends either the potable pipeline be directionally drilled for the length
of the loma or move the line to the north to avoid ocelot habitat impacts to the proposed
perpetual conservation easement.
b. Also, please include acres of habitat by type to be permanently and temporarily impacted
by this line.

Response:
a. As described in response to Request 4, the utility corridor was moved slightly to the north to
avoid an area (MP 6.6 to 6.7) of dense loma vegetation. Annova is working closely with
BND to ensure consideration of the environmental constraints in the area, including loma
habitat.
b. Impacts on habitat by type permanently and temporarily impacted by the water supply
pipeline line were estimated using the example route within the utility corridor. Figure 1.4.3-
1 of the FEIS shows a potential route for the water supply pipeline which does not traverse
the proposed conservation easement on Loma de la Jauja or the associated loma habitat. As
presented in Table 4.13.3-1 of the FEIS, the example route for the potable water pipeline
would impact 6.3 acres of wetlands and 0.5 acers of upland scrub/shrub. Construction
activities would likely remove vegetative communities within the construction corridor of the
potable water pipeline. After construction, the corridor would be restored with vegetative
habitat. In its FERC application, Annova identified an example route for the potable water
pipeline and a desktop analysis of impacts for the purpose of describing non-jurisdictional
facilities and evaluating cumulative impacts.

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Request 5.

The Service also requests copies of signed agreements between Brownsville Navigation
District (BND) and Annova for the following ocelot/jaguarundi conservation easements:

a. Wildlife corridor on the west side of the Project site (Loma del Divisadero), where
existing dense thornshrub and other habitats would be avoided and preserved, and is
proposing to protect the wildlife corridor with a conservation easement (194.72 acres),
b. Extend the duration of the existing Redhead Ridge Conservation Easement (44.38
acres), a BND-owned conservation easement for ocelots between BND and the Lower
Rio Grande Valley National Wildlife Refuge (LRGVNWR) located on the north side of
the Brownsville Ship Channel (Puerta de Trancas Loma),
c. An ocelot conservation easement (between 189 to 214.37 acres) of (Loma de la Jauja) if
Alternative Road #2 ROW access permit is granted by the LRGVNWR
d. An ocelot conservation easement along the proposed road between Loma de la Jauja
and Loma del Divisadero to have complete connectivity from the Rio Grande river to
Bahia Grande; the Service discussed with Annova during a meeting on 3/17 /19 of
pursuing this conservation easement with BND.
e. Acreage of voluntary offsite conservation agreement(s) within the Ocelot Coastal
Wildlife Corridor to offset ocelot habitat loss.

Response:
a. Attachment 1 is the agreement among the BND, Annova, and the USFWS to establish the
wildlife corridor on the west side of the Project site (Loma del Divisadero) and to extend the
duration of the existing Redhead Ridge Conservation Easement. This information was
previously provided to FWS Ecological Services by letter dated October 6, 2016.
b. See response to item (a) above.
c. Attachment 2 is the June 24, 2019 letter from BND stating agreement to establish a
conservation easement on Loma de la Jauja.
d. Subsequent to the March 17, 2019 meeting in which USFWS requested an additional
conservation easement along the Access Road Alternative 2 between Loma de la Jauja and
Loma del Divisadero, Annova proposed the approach to the BND. As owner of the property,
the BND would not agree to the additional conservation easement. As described above, the
location of the utility corridor is designed to avoid impacts from the third-party natural gas
supply lateral, electric transmission line, and water supply pipeline. Annova is working
closely with the third-party gas supply pipeline provider, STEC, and BND to ensure
consideration of the environmental constraints in the area, including loma habitat.
e. Annova has contributed to perpetual conservation of an additional 1,100 acres of ocelot
habitat, of which 390 are dense thornscrub habitat, located in an area near the Laguna
Atascosa National Wildlife Refuge and known to be used by ocelots. This agreement is
subject to a confidentiality agreement, except as otherwise required by a regulatory agency
with jurisdiction. As such, Annova provided a copy of this confidential agreement to
USFWS on March 7, 2019.

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Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Attachment 1
Agreement Among the BND, Annova, and the USFWS to Establish the
Wildlife Corridor
Annova LNG Brownsville Project Responses to USFWS Letter (Accession No. 20190530-4002)
Docket No. CP16-480-000

Attachment 2
June 24, 2019 letter from BND
 CERTIFICATE OF SERVICE

I hereby certify that I have on this day served the foregoing document upon each person

designated on the official service list compiled by the Secretary in this proceeding.

Dated at Washington, DC this 12th day of July, 2019.

/s/ Lamiya Rahman

Lamiya Rahman
Blank Rome LLP
1825 Eye Street, NW
Washington, DC 20006
Tel.: (202) 420-2662
lrahman@blankrome.com