Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
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1 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STANDING ROCK SIOUX TRIBE, and Plaintiff, Case No. 1:16-cv-1534-JEB (and Consolidated Case Nos. 16-cv-1796 and 17-cv-267) CHEYENNE RIVER SIOUX TRIBE, v. Intervenor-Plaintiff, U.S. ARMY CORPS OF ENGINEERS, and DAKOTA ACCESS, LLP, Defendant Cross- Defendant. Intervenor-Defendant Cross-Claimant. JOINT APPENDIX OF ADMINISTRATIVE RECORD CITATIONS IN SUMMARY JUDGMENT BRIEFS 1
2 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 2 of 11 Description US Army Corps of Engineers s between staff regarding DAPL Weekly Status and attaching Information Sheet DAPL Regulatory (March 14, 2016) Information Sheet Dakota Access Pipeline Regulatory Review (March 11, 2016) US Army Corps of Engineers s between staff regarding DAPL Call Today (May 25 & May 26, 2016) US Army Corps of Engineers s between staff regarding DAPL Section 408 Fact Sheet (June 28 & June 29, 2016) US Army Corps of Engineers chain re Engineer Inspector General Action Request : Failure of Rock Island District to consult with property owner on permitting of Bakken Pipeline (March 30, 2016 to May 17, 2016) Letter from Jo-Ellen Darcy, US Army Corps of Engineers to John M. Fowler, Advisory Council on Historic Preservation (July 28, 2016) Draft Memo re Designation of Omaha District as Lead District for DAPL Project and determination of districts roles and responsibilities Dakota Access Meeting Minutes (September 23, 2014) s between US Army Corps of Engineers staff related to Elevation of DAPL Issue by Retired General Crear (April 6 & April 8, 2016) Dakota Access Threatened and Endangered Species Evaluation Summary (May 2015) Joey Mahmoud, Energy Transfer Partners, to US Army Corps of Engineers staff Attaching Draft BA and PCN map (June 29, 2016) AR Page Numbers USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
3 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 3 of 11 s between Danny McClendon, US Army Corps of Engineers to Monica Howard, Energy Transfer Partners regarding DAPL PCN Withdrawal Request (July 16 & July 29, 2015) string from Roberta Hayworth to Danny McClendon, and Amy Henke, US Army Corps of Engineers, regarding Letters to Tribes (November 16 & November ) Danny Mcclendon to Robert Hayworth, Amy Henke, Keith Mcmullen, US Army Corps of Engineers, re DAPL Agenda (December 3, 2015) USACE_DAPL USACE_DAPL USACE_DAPL Agenda DAPL Consultation Meeting, Sioux Falls, SD USACE_DAPL Martha Chieply to US Army Corps of Engineers staff attaching Tribal Consultation Contact Matrix (December 8, 2015) Dakota Access Tribal Consultation Meeting, Sioux Falls, SD (December 8, 2015) s between Joel Ames, Martha Chieply, Amy Henke, and Daniel Cimarosti, US Army Corps of Engineers regarding Summary of Results from Tribal meeting (December 10, 2015) string between US Army Corps of Engineers staff regarding sent by Monica Howard, Energy Transfer Partners regarding DAPL Tribal and Overall Status (January 12, 2016) from Martha Chieply to Amy Henke and Gary Lenz, US Army Corps of Engineers re: Mahmoud is aware that any work DAPL does in WOUS at their own risk. (May 20, 2016) from Melissa Hoener to Amy Henke, Robert Wilkins and Jackie Taylor, US Army Corps of Engineers related to sent to Monica Howard, Energy Transfer Partners attaching DAPL consent to cross flowage easement land at Lake Carlyle (May 11 & May 20, 2016) Martha Chieply, US Army Corps of Engineers regarding Cheyenne River Sioux Tribe s Response to the July 8, 2017 Tribal Monitoring Invitation (July 12, 2016) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
4 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 4 of 11 from Sara Lake to Patrick Murphy, and exchange between Todd Semonite, Patrick Murphy, Jo Ellen Darcy, Donald Jackson, and others with U.S. Army Corps of Engineers (July 27 to August 5, 2016) Army Corps of Engineers Memorandum for Record Documenting Nationwide Permit/Regional General Permit Verification USACE_DAPL USACE_DAPL Processing of applications USACE_DAPL Letter from Martha Chieply, US Army Corps of Engineers to Steve Vance, Cheyenne River Sioux Tribe (July 8, 2016) Letter from Col. John Henderson, US Army Corps of Engineers to Chairman Harold Frazier, Chairman Cheyenne River Sioux Tribe (June 22, 2016) Letter from Martha Chieply, US Army Corps of Engineers to Steven Vance, Cheyenne River Sioux Tribe (June 13, 2016) Letter from Chairman Harold Frazier, Cheyenne River Sioux Tribe to US Army Corps of Engineers Omaha District regarding Dakota Access Pipeline Tribal Consultation (Jun. 3, 2016) Letter from Steve Vance to Col. John Henderson (May 19, 2016) string between US Army Corps of Engineers Staff re Pace of Section 106 Process (April 20 to May 11, 2016) from Joel Ames to Larry Janis, US Army Corps of Engineers (May 9, 2016) Letter from Col. John Henderson, US Army Corps of Engineers, to Chairman Harold Frazier, Cheyenne River Sioux Tribe (May 6, 2016) from Joel Ames, US Army Corps of Engineers, to Col. John Henderson, District Commander USACE (May 3, 2016) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL UACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
5 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 5 of 11 Steve Vance, Cheyenne River Sioux Tribe, Letter to Richard Harnois, US Army Corps of Engineers Submitting Concerns and Comments for the Dakota Access Pipeline Project (May 2, 2016) from Joel Ames, US Army Corps of Engineers to Chairman Harold Frazier, Cheyenne River Sioux Tribe (February 22 to March 7, 2016) string between Julie Price and Larry Janis, US Army Corps of Engineers regarding DAPL Cheyenne River Sioux Consultation (March 3, 2016) from Joel Ames to Col. John Henderson, US Army Corps of Engineers regarding Notes from Niobrara Meeting (February 24, 2016) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL from Joel Ames, US Army Corps of Engineers to Chairman Harold Frazier, Cheyenne River Sioux Tribe (February 23, 2016) string between Martha Chieply, John Henderson and other US Army Corps of Engineers staff regarding DAPL Tribal Meeting Development (February 20, 2016) Meeting Notes Cheyenne River Sioux Tribe Tribal Memorandum to Superintendent Cheyenne River Agency (December 10, 2015) US Army Corps of Engineers Meeting Agenda (Feb. 18 and ). Dakota Access Tribal Consultation Meeting (December 8, 2015) Martha Chieply, US Army Corps of Engineers Letter to Chairman Harold Frazier, Cheyenne River Sioux Tribe (November 20, 2015) Letter from Julie Price, US Army Corps of Engineers to Steve Vance, Cheyenne River Sioux Tribe (November 19, 2015) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
6 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 6 of 11 Letter from Col. John Henderson, US Army Corps of Engineers to Chairman Harold Frazier, Cheyenne River Sioux Tribe (Sept. 3, 2015) Richard Harnois, US Army Corps of Engineers, Notes (August 17, 2015) Steve Vance, Cheyenne River Sioux Tribe Letter to Richard Harnois, US Army Corps of Engineers (August 17, 2015) Form Letter from US Army Corps of Engineers (October 24, 2014) Form Letter from US Army Corps of Engineers (Dec [sic]) string between US Army Corps of Engineers staff (July ) Letter from Col. John Henderson, US Army Corps of Engineers to Lawrence S. Roberts, Assistant Acting Secretary Indians Affairs, US Department of the Interior (June 28, 2016) Letter from Martha Chieply, US Army Corps of Engineers to Steve Vance, Cheyenne River Sioux Tribe (Jun. 13, 2016) Letter from Steven Vance, Cheyenne River Sioux Tribe, to Col. John Henderson, US Army Corps of Engineers (May 19, 2016) Letter from Steven Vance, Cheyenne River Sioux Tribe, to Richard Harnois, US Army Corps of Engineers (May 2, 2016) US Army Corps of Engineers Response to Advisory Council on Historic Preservation Letter dated March 15, 2016 (April 11, 2016) from Martha Chieply, US Army Corps of Engineers Attaching Feb Tribal Consultation Meeting Notes (March 25, 2016) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
7 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 7 of 11 string between Martha Chieply, Patricia Mcqueary, Steven Naylor, Jeff Breckenridge, Joel Ames, Julie Price, Jason Renschler, Joseph Mcmahon, Matthew McCullor with Quick Summary of Conference Call with EPA (February 25, 2016) Letter from Martha Chieply, US Army Corps of Engineers to Chairman Harold Frazier, Cheyenne River Sioux Tribe (February 4, 2016) Standing Rock Sioux Tribe s Comments on Draft Environmental Assessment (Jan. 8, 2016) string between US Army Corps of Engineers staff regarding Letter from Department of the Interior (November 3 to November 9, 2016) Col. John Henderson, US Army Corps of Engineers to Chairman Harold Frazier, Cheyenne River Sioux Tribe (September 3, 2015) Letter from Steve Vance, Cheyenne River Sioux Tribe to Richard Harnois, Sr. US Army Corps of Engineers (August 17, 2015) s string between US Army Corps of Engineers Staff re summary of Steve Vance s comments during telephone conversation (March 23, 2015) Letter from Martha Chieply, US Army Corps of Engineers to Steven Vance, Cheyenne River Sioux Tribe (February, 17, 2015) string between US Army Corps of Engineers Staff regarding call received from Steve Vance from Monica Howard, Energy Transfer Partners, to Jason Renschler, Corps (June 23, 2014) Mitigated Finding of No Significant Impact (July 25, 2016) Section 408 Permission Package: Operations Division Real Estate Routing and Review (May 26, 2016) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
8 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 8 of 11 US Army Corps of Engineers Memo regarding Water Quality Team Review of Draft Environmental Assessment for Dakota Access Pipeline Project Crossings of Flowage Easements and Federal Lands (November 4, 2015) from Larry Janis, US Army Corps of Engineers to Joey Mahmoud, Energy Transfer Partners (July 25, 2017) USACE_DAPL USACE_DAPL Final Environmental Assessment (July 2016) USACE_DAPL Environmental Assessment- Appendix J: Sample Scoping Letter, Distribution List and Comments Received Letter from Jo-Ellen Darcy, US Army Corps of Engineers to John Fowler, Advisory Council on Historic Preservation Environmental Assessment- Appendix L- Draft Facility Response Plan ProjNet: DAPL Review, Environmental Analysis Comments & Responses Fact Sheet Section 408 Review Oahe Dam, SD / Garrison Dam, ND from Brent Cossette, US Army Corps of Engineers (May 11, 2016) from Brent Cossette, Corps, to Larry Janis, Corps (May 6, 2016) Brent Cossette, Johnathan Shelman, US Army Corps of Engineers Memo to Tom Siguaw, Dakota Access and Steve Rowe, HDR Engineers re DAPL- Route Comparison and Environmental Justice Considerations (April 12, 2016) s between US Army Corps of Engineers staff and Monica Howard, Energy Transfer Partners re DAPL- Additional EPA letter (March 25, 2016) Letter from Phillip Strobel to US Army Corps of Engineers, Omaha District (March 11, 2016) s to and from Brent Cossette, US Army Corps of Engineers (March 16 & 17, 2016) USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL USACE_DAPL
9 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 9 of 11 EA Comment Matrix USACE_DAPL Letter from Phillip Strobel, US Environmental Protection Agency to US Army Corps of Engineers, Omaha District regarding Dakota Access Pipeline Draft Environmental Assessment (January 8, 2016) USACE_DAPL from Brent Cossette, US Army Corps of Engineers (September 18, 2015) Draft Environmental Assessment (September 2015) Directional Drill Plan of Procedures from Michels Directional Crossings (July 6, 2015) USACE_DAPL USACE_DAPL USACE_DAPL Draft Environmental Assessment (May 2015) USACE_DAPL Meeting Invitation (March 5, 2015) USACE_DAPL from Brent Cossette, Corps to Monica Howard, Energy Transfer Partners (April 24, 2015) from Brent Cossette, Army Corps of Engineers to Monica Howard, Energy Transfer Partners Attaching Scoping Letters with Attachments (March 30, 2015) USACE_DAPL USACE_DAPL Dakota Access Form Letter (March 24, 2015) USACE_DAPL from Todd Lindquist to Brent Cossette related to String involving other US Corps of Engineers Staff (March 19, 2015) USACE_DAPL Geotechnical Investigation Package USACE_DAPL Telephone Log (Sept. 2, 2014) USACE_DAPL Letter from Sara Childers to Todd Semonite USACE_DAPL String between US Army Corps of Engineers staff (December 1, 2015) Army Corps of Engineers Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Projects (September 30, 2015) USACE DAPL USACE_DAPL
10 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 10 of 11 Department of the Army Easement for Fuel Carrying Pipeline Right of Way Located on Lake Oahe Project Morton and Emmons Counties, North Dakota (February 8, 2017) US Army Corps of Engineers Memo regarding Dakota Access Pipeline; USACE Technical and Legal Review for the Department of the Army (February 3, 2017) string between Charles Smith, Douglas Lamont, Michael Price, Gib Owen, Timothy Vail, US Army Corps of Engineers regarding Cheyenne River Sioux Consultation (February 1, 2017) Pages from EarthFax Engineering Group Report (December 2, 2016) US Army Corps of Engineers Memo regarding Application for Easement for an Oil Pipeline to Cross US Army Corps of Engineers-Managed Federal Land at Lake Oahe, North Dakota (December 3, 2016) Jo-Ellen Darcy to US Army Corps of Engineers staff regarding Today s Discussion with Standing Rock Sioux Tribe and DAPL (December 2, 2016) Pipeline Incidents by System Type: Significant (Data as of October 17, 2017) US Army Corps of Engineers Memo regarding Dakota Access Pipeline Crossing at Lake Oahe, North Dakota (October 20, 2016) Letter from Monica Howard, Energy Transfer Partners to Brent Cossette, US Army Corps of Engineers regarding Request for Pipeline Easement and Temporary Construction License for the Proposed Dakota Access Pipeline Project at Lake Oahe (October 21, 2014) USACE_ESMT ESMT ESMT ESMT ESMT ESMT ESMT ESMT1227 OAHE
11 Case 1:16-cv JEB Document 218 Filed 05/04/17 Page 11 of 11 Dated: May 4, 2017 CHEYENNE RIVER SIOUX TRIBE, Intervenor-Plaintiff, By: /s/ Nicole E. Ducheneaux Nicole E. Ducheneaux Fredericks Peebles & Morgan LLP 3610 North 163 rd Plaza Omaha, NE Telephone: (402) Facsimile: (402) Conly J. Schulte FREDERICKS PEEBLES & MORGAN LLP 1900 Plaza Drive Louisville, CO Telephone: (303) Facsimile: (303) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4 th day of May 2017, a copy of the foregoing was filed electronically with the Clerk of the Court. The electronic filing prompted automatic service of the filing to all counsel of record in this case who have obtained CM/ECF passwords. /s/ Nicole E. Ducheneaux 11
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