On Friday, April 22 officials from the New York State
Department of Environmental Conservation (DEC) announced the denial of the
Clean Water Act Section 401 Water Quality Certification for the proposed
Constitution Pipeline. Their reason: these certificates fail to meet New York
State's water quality standards. You can read the full decision, outlined in a
letter by John Ferguson, Chief Permit Administrator here (pdf).
The Constitution pipeline, a partnership between Williams
Partners, Cabot Oil and Gas, Piedmont Natural Gas and WGL Holdings, was
approved by FERC in December 2014. The proposed pipeline would transport gas
from Susquehanna County, PA to Schoharie County, NY along a 124-mile route. In
NY, Constitution proposed nearly 99 miles of new right-of-way for the 30-inch
diameter pipeline, rather than co-locating within existing rights-of-way.
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| Stream bank clearing for pipelines harms trout habitat |
DEC told the media that the agency had requested “significant
mitigation measures” to limit impact on the 251 streams along the route. Many
of those streams are unique and sensitive ecological areas, including trout
spawning streams, old-growth forest, and undisturbed springs, which provide
vital habitat and are key to the local ecosystems.
In addition, DEC requested that Constitution provide a “comprehensive
and site-specific analysis of depth for pipeline burial to mitigate the
project's environmental impact”. According to DEC’s announcement last week,
Constitution failed to do this, providing only limited analysis for 21 of the
250 streams. The problem, notes DEC, is that pipes not buried deep enough can
become exposed, and any action to correct problems could further affect streams
and water quality.
On Monday, April 25 Constitution Pipeline Company accused
DEC of making “flagrant misstatements” and “inaccurate allegations” in defense
of its permit denial. In a statement to the press, the pipeline company said
DEC’s decision “appears to be driven more by New York State politics than by
environmental science”
The company claims that they worked closely with DEC staff
for more than three years to make sure that water quality concerns would be
adequately addressed. “Completely contrary to NYSDEC’s assertion, we provided
detailed drawings and profiles for every stream crossing in New York, including
showing depth of pipe. In fact, all
stream crossings were fully vetted with the NYSDEC throughout the review
process.” You can read their entire statement here.
