Pipeline project comment period underway

Four million more gallons sought from West Branch Lackawaxen

By SANDY LONG

WAYNE AND PIKE COUNTIES, PA — Gas drilling companies aren’t the only ones looking for water in the Upper Delaware region these days. On the heels of a public hearing conducted by the Delaware River Basin Commission (DRBC) to receive public comment on proposed water withdrawals of 700,000 gallons per day from the West Branch of the Lackawaxen River, the FERC Environmental Assessment (EA) of the Tennessee Gas Pipeline Company’s (TGP) 300 Line Project has been released for public comment ending on March 29 (see sidebar below).

Contained within the nearly 500-page document is a list of potential sources of hydrostatic test water, including proposed withdrawals of 4,123,008 gallons from the West Branch Lackawaxen River and 2,755,950 gallons from the Lackawaxen River main stem.

TGP proposes to expand its natural gas pipeline system in Pennsylvania and New Jersey in order to increase the natural gas delivery capacity to the Northeast region of the United States by approximately 350,000 dekatherms per day and improve the reliability of its existing 300 Line system.

Due to the topography in the area, the pipeline will be hydrostatically tested in a number of different segments to maintain necessary pressures based on terrain elevation changes, explained El Paso Corporation spokesperson Robert Newberry. “The withdrawals and discharges of water will meet all applicable agency requirements and the water will be returned to the environment in accordance with regulatory permitting,” he said. “The current schedule is to perform the water withdrawals and testing during the third quarter of 2011.”

The EA assesses the potential environmental effects of the project construction and operation in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA). The U.S. Bureau of Land Management, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers acted as cooperating agencies in its preparation.

FERC notes that it received comments recommending that an Environmental Impact Statement (EIS), rather than an EA, be prepared to assess the impact of the project, but specifies, “Based on our analysis, the extent and content of comments received during the scoping period, and considering that the majority of the project would involve pipeline looping and modifications to existing facilities, we have not found any significant resource impacts that would result from construction of the project; therefore, an EIS is not warranted.”

Ultimately, FERC staff concluded that “approval of the project, with appropriate mitigating measures [as defined in section 4.1-4.7], would not constitute a major federal action significantly affecting the quality of the human environment.”

According to Newberry, Tennessee Gas Pipeline Company has been working closely with environmental agencies and the FERC staff throughout the permitting processes and the FERC certification process, and has reviewed the EA. “We are confident we can satisfy the conditions of the EA if they are adopted by the commission in the certificate order, which is expected to be issued later this year,” he said.

Preparation and construction activities are projected to begin in mid-to-late 2010, with other construction activities occurring during 2011. The project would go into service in November 2011. TGP proposes to use a 100-foot-wide construction right-of-way in upland areas and a 75-foot-wide construction right-of-way in wetlands. TGP would use the previously disturbed 25-foot-wide offset area as part of the construction rights-of-way for the proposed loops, to reduce construction-related impacts. The permanent right-of-way would typically be 50 feet wide, consisting of 25 feet of existing right-of-way already retained for operation of the 300 Line and 25 feet of new right-of way for the loop.

The proposed pipeline loop segment locations in Wayne and Pike counties are Loops 321 and 323, respectively. Some of the “Sensitive Waterbodies” crossed include the Lackawaxen River, Dyberry Creek, Carley Brook, Walker Lake Creek and Twin Lakes Creek. Other activities such as widening of roads, tree removal and grading will affect 15.2 acres in Wayne County and 22.6 acres in Pike.

Wildlife concerns

State-listed threatened and endangered species have been identified, including one rare plant species, the soft-leaved sedge, documented along Loop 323 in Pike County. Loop 323 would cross the Upper Delaware Important Bird Area (IBA) for approximately 1.4 miles. The Upper Delaware IBA is one of the most important sites in the state for bald eagles and is also important for migrating and wintering waterfowl.

TGP field surveys have not identified any bald eagle nests in the project area, but if that should change, mitigation measures would be followed. Other IBAs identified include the Shohola Waterfowl Management Area IBA on proposed Loop 323. The project area is not located within the core area, but intercepts a portion of its buffer.

The greatest potential to impact migratory birds would be from activities such as grading, tree clearing and construction noise, which could occur during a portion of the nesting season, and result in the mortality of eggs and young birds that have not yet fledged. Operation of the pipelines and aboveground facilities would permanently convert approximately 187.2 acres of forest land to an herbaceous state.

TGP would reduce the potential impacts by conducting some tree clearing and constructing some elements of the project during the winter months when migratory birds would not be present.

Potential impacts on wildlife include displacement on the right-of-way. FERC expects that most wildlife would temporarily relocate to adjacent available habitat as construction activities approach. Construction could result in the mortality of less mobile animals which may be unable to escape. The removal of vegetation would temporarily reduce protective cover and foraging habitat.

Previously forested habitat (including forested wetlands) would not be allowed to reestablish within the permanent right-of-way. The principal impact would be a shift from those species favoring forest habitat to those using either edge habitat or areas that are more open. TGP plans to minimize the impact of the permanent conversion of forested habitat to non-forested habitat by installing the majority of the proposed loops adjacent to its existing right-of-way.

Marcellus Shale considerations

As described in the EA, the ongoing drilling activities of Marcellus Shale natural gas reserves, and the 300 Line Project will involve the use of heavy equipment that would generate emissions of air contaminants, dust and noise during construction, resulting in temporary air emissions. During construction, elevated levels of ambient pollutants are likely to occur in the immediate vicinity of the projects. Air emissions associated with the pipeline loops are expected to be intermittent and short term.

Referencing the anticipated drilling activity, FERC concludes: “Although there could potentially be impacts on waterbodies, wetlands, land use, air quality, noise and socioeconomics from intensive development of this gas field, the widespread nature and uncertainty of timing relative to construction of the project leads us to conclude that resulting cumulative impacts would be uncertain if not negligible.”

FERC explains its conclusion by citing TGP’s willingness to comply with stipulations mandated by agencies such as the DRBC. But on February 24 during its public hearing on the Stone Energy water permit, numerous requests were made of the DRBC to complete a cumulative impact study before approving the permit, in order to evaluate potentially competing interests for such resources as water.

Uncertainty remains as to whether or how that may transpire, in that the threshold for being subject to DRBC review/approval is when the proposed surface water withdrawal exceeds 100,000 gallons per day over any 30 consecutive days.

“If the withdrawal falls below our review threshold, DRBC approval would not be necessary. If DRBC approval is required, we would likely issue one docket for all withdrawal sites needing approval, not a separate docket for each site,” explained DRBC spokesperson Clarke Rupert. “The withdrawals from different locations would typically not occur at the same time, but could span over months. Our review of the withdrawal will be the same as any other surface water withdrawal: a DRBC docket would impose a pass-by requirement at the point of withdrawal which would dictate when the applicant would be able to withdraw water.”

The DRBC met with TGP consultants in January and expect an application in the near future for proposed water withdrawals, according to spokesperson Clarke Rupert. Once received, it will appear in the Notice of Applications Received ( www.nj.gov/drbc/nar.htm ) prior to detailed DRBC staff review and it will appear on the DRBC’s application status page at www.nj.gov/drbc/dockets/status.htm.

Commenting on the EA for the proposed 300 Line Project

The EA has been placed in the public files of the FERC and is available for public viewing on the FERC’s website at elibrary.ferc.gov/IDMWS/search/fercgensearch.asp (enter CP09-444 in the docket number box, then submit).

Those wishing to comment should focus on the potential environmental effects, reasonable alternatives and measures to avoid or lessen environmental impacts. Comments must be received on or before March 29. There are three methods for commenting and the project docket number (CP09-444-000) should be referenced with each submission. The commission encourages electronic filing and has dedicated staff to assist at 202/502-8258 or efiling@ferc.gov or visit www.ferc.gov, documents and filings.

Paper copies can be filed at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Room 1A, Washington, DC 20426. Additional information is available from the Commission’s Office of External Affairs at 866/208-FERC. In addition, the commission offers a free service (at www.ferc.gov/esubscribenow.htm) called eSubscription, which provides information on all formal issuances and submittals in specific dockets.