For Your Reading Torture:
The Army Corps of Engineers Permit
Our protest 2/26/2013, Army Corps of Engineers Philadelphia HQ
In a filing with the Federal Energy Regulatory Commission, Tennessee Gas Pipeline Co. stated that they had received all required federal permits, including those needed from the Obama administration's Army Corps of Engineers for wetland, streams, and river crossings in Pennsylvania.
After clear cutting was complete, TGP was forced to leave the trees laying in Pennsylvania because they had not received this permit. Now, heavy equipment can move in to construct Loops 317, 319, 321, and 323. Tree removal and trenching Loop 325 in Bergen and Passaic Counties is already underway. New Jersey wetland jurisdiction is within their state's Department of Environmental Protection and those permits have already been issued.
After clear cutting was complete, TGP was forced to leave the trees laying in Pennsylvania because they had not received this permit. Now, heavy equipment can move in to construct Loops 317, 319, 321, and 323. Tree removal and trenching Loop 325 in Bergen and Passaic Counties is already underway. New Jersey wetland jurisdiction is within their state's Department of Environmental Protection and those permits have already been issued.
Permit Cover Page, Click to EnlargeOn Monday, Cummins Hill Rd. resident Jolie DeFeis reviewed the attachments in the electronic FERC submission and found this document, the Clean Water Act Section 404 permit that was issued on March 22 without public notice. The 107-page permit authorizes TGP to cross wetlands and water bodies and install the pipeline using Horizontal Directional Drilling under the Susquehanna and Delaware Rivers.
In a statement Jolie DeFeis said "It is shocking that it took them nine months to ultimately fall into line with FERC. "I was told by David Hanobic at FERC that FERC was only required to review the applicant's route and make sure it was acceptable. This fact was even acknowledged in their May 29, 2012 EA that it was not the best route but it was the most feasible. It is incumbent upon the Army Corps of Engineers to determine the BEST route through their stringent alternatives analysis which we don't believe was ever done. I was told just last week in a phone call with Sam Reynolds at ACOE that Army Corps has a higher standard than FERC in that regard. So it is particularly mind blowing that their permit basically acknowledges that they really didn't look any further as they promised."
Save Cummins Hill group as well as legal counsel for George Feighner and Delaware Riverkeeper Network strong factual letters stating our objections to the 404 permit (example attached) which were ignored.
Linda Klee, a grandmother on Cummins Hill Rd., wrote to the ACOE, "Your agency ignored every fact and every piece of evidence, pictures and video, present and past that was sent to you showing damage to wetlands and streams occurring and that had occurred, and numerous violations by Tennessee Gas on Loop 323 and the 300 line. No Environmental Impact Study was ever done. There is an island in the middle of the Delaware River in a flood zone home to numerous migratory birds that will be impacted. Well, that is just great work Army Corps! Great Job! As a retired military family we will not salute you!"
We are outraged by the ACOE's decision, but unfortunately not surprised. In his State of the Union address, President Obama stated that he would "cut the red tape for oil and gas" and this permit is the Obama administration doing exactly that at the expense of our Pennsylvania and New Jersey communities.
Our objections include, but are not limited to...
The Army Corps of Engineers is required to weigh the costs, benefits, and necessity of the Northeast Upgrade for the public interest, for which there isn't any benefit or need.
Over and over again, from dozens of angles, Pennsylvania and New Jersey residents have shown that the Northeast Upgrade project is not necessary and is detrimental to our local economy and environment.
In a statement Jolie DeFeis said "It is shocking that it took them nine months to ultimately fall into line with FERC. "I was told by David Hanobic at FERC that FERC was only required to review the applicant's route and make sure it was acceptable. This fact was even acknowledged in their May 29, 2012 EA that it was not the best route but it was the most feasible. It is incumbent upon the Army Corps of Engineers to determine the BEST route through their stringent alternatives analysis which we don't believe was ever done. I was told just last week in a phone call with Sam Reynolds at ACOE that Army Corps has a higher standard than FERC in that regard. So it is particularly mind blowing that their permit basically acknowledges that they really didn't look any further as they promised."
Save Cummins Hill group as well as legal counsel for George Feighner and Delaware Riverkeeper Network strong factual letters stating our objections to the 404 permit (example attached) which were ignored.
Linda Klee, a grandmother on Cummins Hill Rd., wrote to the ACOE, "Your agency ignored every fact and every piece of evidence, pictures and video, present and past that was sent to you showing damage to wetlands and streams occurring and that had occurred, and numerous violations by Tennessee Gas on Loop 323 and the 300 line. No Environmental Impact Study was ever done. There is an island in the middle of the Delaware River in a flood zone home to numerous migratory birds that will be impacted. Well, that is just great work Army Corps! Great Job! As a retired military family we will not salute you!"
We are outraged by the ACOE's decision, but unfortunately not surprised. In his State of the Union address, President Obama stated that he would "cut the red tape for oil and gas" and this permit is the Obama administration doing exactly that at the expense of our Pennsylvania and New Jersey communities.
Our objections include, but are not limited to...
The Army Corps of Engineers is required to weigh the costs, benefits, and necessity of the Northeast Upgrade for the public interest, for which there isn't any benefit or need.
Over and over again, from dozens of angles, Pennsylvania and New Jersey residents have shown that the Northeast Upgrade project is not necessary and is detrimental to our local economy and environment.
Bradford County Marcellus Activity Map, October 2012
The Tennessee Pipeline services Marcellus Shale gas drilling operations that use the controversial hydraulic fracturing, or "fracking" process. The industrialization of our rural landscape by the gas industry is putting the water and air quality of our neighbors and us at risk. The Northeast Upgrade project will give incentive for thousands more gas wells in northeast Pennsylvania. Finally, the entirety of shale gas development, especially the impact of the Tennessee pipeline upgrades since 2011, should be considered cumulatively, not piecemeal, in regard to ecology, public health, and economic factors.
Full Report Available Here Traditional housing, tourism, and recreation economies will be displaced as the landscape becomes industrialized with more natural gas infrastructure. It is a trade off that the Endless Mountains, Poconos, and New Jersey Highlands regions can't afford. The temporary and volatile market for natural gas is not a good investment for job security in our workforce, it is not a permanent source of employment, and drilling and well services jobs are some of the most dangerous in the country. Our economic future should not be determined for us as if we're a colony of Washington DC, Philadelphia, New York City, or Harrisburg.
Full Report Available Here Traditional housing, tourism, and recreation economies will be displaced as the landscape becomes industrialized with more natural gas infrastructure. It is a trade off that the Endless Mountains, Poconos, and New Jersey Highlands regions can't afford. The temporary and volatile market for natural gas is not a good investment for job security in our workforce, it is not a permanent source of employment, and drilling and well services jobs are some of the most dangerous in the country. Our economic future should not be determined for us as if we're a colony of Washington DC, Philadelphia, New York City, or Harrisburg.
From the Energy Information Administration
The Tennessee Pipeline already delivers gas via the existing 24" pipeline installed in the 1950s and no additional volume is needed to supply commercial or residential heating. The only significant new end use in the last decade requiring methane gas is for natural gas-fired power plants, the need for which can be displaced by energy efficiency and clean, renewable energy like wind and solar. Industrial heating through focused solar and electric, commercial transportation through electric and hydrogen fuel cells, and residential heating options using solar and geothermal technology could lower the need for natural gas even further or completely.
Is this gas for export? We don't know. According to Federal Energy Regulatory Commission filings by Tennessee, one of two customers for the gas is Statoil, a Norwegian company. Statoil's Chief Financial Officer Torgrim Reitan stated earlier this month, "[Liquefied Natural Gas] export is a viable route and I will encourage the current administration to look at that."
In January, Royal Dutch Shell Plc and Kinder Morgan Inc. (owner of the Tennessee Pipeline) announced their intention to form a company to export liquefied natural gas from a site in Georgia, the latest of more than 20 export terminals seeking to ship U.S gas overseas.
"This project will facilitate further development of the abundant natural gas resources in the United States and will be a positive factor in the overall balance of trade between the U.S. and other countries," said Kinder Morgan Chief Executive Richard Kinder in a statement.
As we've previously written, pipeline baron Richard Kinder is the former President of Enron and Kinder Morgan is now the the third largest energy company in the US.
TGP is a Bad Actor with Standing Violations Since 2011
Greg Lotorto said it best at the last Delaware River Basin Commission hearing, rewarding a dog that poops on the rug is not how most of us train our canines. Unfortunately, the Army Corps of Engineers hasn't learned. Here are hundreds of pages of violations paperwork issued by the Pike County Conservation District, which enforces state erosion and sediment regulation, since TGP began the Northeast Upgrade project in 2011 with their even numbered loops. There is plenty of evidence of what we can expect from TGP this time around. Also included are field observations of violations made by Delaware Riverkeeper Network volunteers and staff in 2013.
Erosion and Sediment controls still not effective since 2011
Here is a great example of the standing wetland violation of Craft Brook, an Exceptional Value stream in our Delaware State Forest, the first brook headed west from where TGP will begin work dredging (Gifford) Pinchot Brook's headwaters. It is a letter sent to the ACOE from Delaware Riverkeeper Network on March 12, 2013.
What do you think staff at the Philadelphia ACOE office did with the hard copy?
TGP's Horizonatal Directional Drilling (HDD) River Crossings Have Not Been Proven Safe
There have not been core samples of either the Delaware or Susquehanna riverbeds to show overburden bedrock that can contain high pressure drilling muds used in the HDD process. This endangers the river and aquifer that is used by the Delaware Valley School District main campus and millions downstream. Without core samples revealing bedrock where HDD is planned, the Army Corps of Engineers could not have made a proper decision. We would like to know if the geology was considered.
Third spill at pipeline site sullies Susquehanna County creek (August 10, 2011)
http://thetimes-tribune.com/news/third-spill-at-pipeline-site-sullies-susquehanna-county-creek-1.1186532
A third spill muddied a high value Susquehanna County stream on Monday, the day state regulators allowed construction of a major natural gas pipeline to resume after two spills in five days halted the operation.
Drilling mud - a mixture of bentonite clay and water - erupted through natural weaknesses in rock and soil as subcontractors for Laser Northeast Gathering Co. were boring a path for the pipeline under Laurel Lake Creek on July 29, Aug. 2 and Monday.
Drilling blowout in Back Mountain (May 8, 2012)
http://citizensvoice.com/news/drilling-blowout-in-back-mountain-1.1312313#axzz1uLCTYBWI
The state Department of Environmental Protection is investigating a blowout at a natural gas pipeline installation near Leonards Creek in the Kunkle section of Dallas Township.
Chief Gathering LLC, which was recently bought out by PVR Partners, is laying a natural gas pipeline from wells in Susquehanna County to connect to the Transco interstate pipeline in Dallas.
The blowout occurred last week as contractors were boring beneath wetlands and some of the mud they were using blew out into the creek, according to state Department of Environmental Protection Spokeswoman Colleen Connolly. She did not know how much mud got into the creek.
What do you think staff at the Philadelphia ACOE office did with the hard copy?
TGP's Horizonatal Directional Drilling (HDD) River Crossings Have Not Been Proven Safe
There have not been core samples of either the Delaware or Susquehanna riverbeds to show overburden bedrock that can contain high pressure drilling muds used in the HDD process. This endangers the river and aquifer that is used by the Delaware Valley School District main campus and millions downstream. Without core samples revealing bedrock where HDD is planned, the Army Corps of Engineers could not have made a proper decision. We would like to know if the geology was considered.
Third spill at pipeline site sullies Susquehanna County creek (August 10, 2011)
http://thetimes-tribune.com/news/third-spill-at-pipeline-site-sullies-susquehanna-county-creek-1.1186532
A third spill muddied a high value Susquehanna County stream on Monday, the day state regulators allowed construction of a major natural gas pipeline to resume after two spills in five days halted the operation.
Drilling mud - a mixture of bentonite clay and water - erupted through natural weaknesses in rock and soil as subcontractors for Laser Northeast Gathering Co. were boring a path for the pipeline under Laurel Lake Creek on July 29, Aug. 2 and Monday.
Drilling blowout in Back Mountain (May 8, 2012)
http://citizensvoice.com/news/drilling-blowout-in-back-mountain-1.1312313#axzz1uLCTYBWI
The state Department of Environmental Protection is investigating a blowout at a natural gas pipeline installation near Leonards Creek in the Kunkle section of Dallas Township.
Chief Gathering LLC, which was recently bought out by PVR Partners, is laying a natural gas pipeline from wells in Susquehanna County to connect to the Transco interstate pipeline in Dallas.
The blowout occurred last week as contractors were boring beneath wetlands and some of the mud they were using blew out into the creek, according to state Department of Environmental Protection Spokeswoman Colleen Connolly. She did not know how much mud got into the creek.
Click to Enlarge. Interactive map available here.
Sensitive Wetlands and Habitat
Regarding Loop 323, there are two highly protected wetlands given the Core Habitat distinction by the 2011 Pike County Natural Heritage Inventory where trees have already been felled in the wetland. (Gifford) Pinchot Brook and Dimmick Meadow Brook headwaters can now be drained and dredged within the work zone. In addition, the Delaware River between Handsome Eddy and Dingmans Ferry is also designated as Core Habitat. Additionally, hundreds of acres of protected habitat in the path and downstream of the Northeast Upgrade project. An interactive map is available here. The ACOE did not respond to our concern or recognize these designations in their permit.
Regarding Loop 323, there are two highly protected wetlands given the Core Habitat distinction by the 2011 Pike County Natural Heritage Inventory where trees have already been felled in the wetland. (Gifford) Pinchot Brook and Dimmick Meadow Brook headwaters can now be drained and dredged within the work zone. In addition, the Delaware River between Handsome Eddy and Dingmans Ferry is also designated as Core Habitat. Additionally, hundreds of acres of protected habitat in the path and downstream of the Northeast Upgrade project. An interactive map is available here. The ACOE did not respond to our concern or recognize these designations in their permit.
Tennessee Pipeline Loop 322 Lackawaxen River crossing, 2011
Trout Fisheries and Recreational Impacts
Tennessee Pipeline Loop 322 Lackawaxen River crossing, 2011April 13 marks opening day of trout season in most of Pennsylvania, which draws residents and out of state anglers to the Upper Delaware region, bolstering our tourism and recreation economy here. In addition, the abundance of pristine Class A Wild Trout Streams, High Quality Cold Water Fisheries, and Migratory Fisheries draw home buyers to our area. The Tennessee and Columbia pipelines' water crossings in Wayne and Pike Counties have already angered many anglers, most notably, the dredging of the Lackawaxen River in 2011 due to the erosion and sediment build up that endangers trout habitat.
According to the ACOE Permit, crossings in just Pike and Wayne alone include:
LOOP 321 - Eight Class A Wild Trout High Quality Cold Water Fisheries, Five High Quality Cold Water Fisheries, Five Migratory FisheriesBerlin Township, Wayne County -
Four Tributaries to Indian Orchard Brook, HQ CWF Class A Wild Trout Stream
Swamp Brook and two tributaries, HQ CWF MF
Berlin/Palmyra Townships, Wayne County -
One tributary of Rattle Snake Creek, HQ CWF Class A Wild Trout Stream
Lackawaxen Township, Pike County -
Tinkwig Creek and tributary, HQ CWF MF
West Falls Creek and three tributaries, HQ CWF Class A Wild Trout Stream
LOOP 323 - Four Class A Wild Trout High Quality Cold Water Migratory Fisheries, Six Exceptional Value Migratory Fisheries and three High Quality Cold Water Fisheries
Milford Township, Pike County -
Pinchot Brook head water wetlands and tributary, EV Wild Trout MF
Dimmick Meadow Brook head water wetlands and tributary, EV Wild Trout MF
Vantine Brook, HQ Wild Trout CWF MF
Vandermark Creek, HQ Wild Trout CWF MF
Laurel Brook, HQ Wild Trout CWF MF
Westfall Township, Pike County -
Deep Brook and tributary, EV Wild Trout MF
Crawford Branch, HQ CWF MF
Cummins Creek and three tributaries, HQ CWF MF Class A Wild Trout Stream
UNT Delaware River, HQ CWF MF Wild Trout
Tennessee Pipeline Loop 322 Lackawaxen River crossing, 2011April 13 marks opening day of trout season in most of Pennsylvania, which draws residents and out of state anglers to the Upper Delaware region, bolstering our tourism and recreation economy here. In addition, the abundance of pristine Class A Wild Trout Streams, High Quality Cold Water Fisheries, and Migratory Fisheries draw home buyers to our area. The Tennessee and Columbia pipelines' water crossings in Wayne and Pike Counties have already angered many anglers, most notably, the dredging of the Lackawaxen River in 2011 due to the erosion and sediment build up that endangers trout habitat.
According to the ACOE Permit, crossings in just Pike and Wayne alone include:
LOOP 321 - Eight Class A Wild Trout High Quality Cold Water Fisheries, Five High Quality Cold Water Fisheries, Five Migratory FisheriesBerlin Township, Wayne County -
Four Tributaries to Indian Orchard Brook, HQ CWF Class A Wild Trout Stream
Swamp Brook and two tributaries, HQ CWF MF
Berlin/Palmyra Townships, Wayne County -
One tributary of Rattle Snake Creek, HQ CWF Class A Wild Trout Stream
Lackawaxen Township, Pike County -
Tinkwig Creek and tributary, HQ CWF MF
West Falls Creek and three tributaries, HQ CWF Class A Wild Trout Stream
LOOP 323 - Four Class A Wild Trout High Quality Cold Water Migratory Fisheries, Six Exceptional Value Migratory Fisheries and three High Quality Cold Water Fisheries
Milford Township, Pike County -
Pinchot Brook head water wetlands and tributary, EV Wild Trout MF
Dimmick Meadow Brook head water wetlands and tributary, EV Wild Trout MF
Vantine Brook, HQ Wild Trout CWF MF
Vandermark Creek, HQ Wild Trout CWF MF
Laurel Brook, HQ Wild Trout CWF MF
Westfall Township, Pike County -
Deep Brook and tributary, EV Wild Trout MF
Crawford Branch, HQ CWF MF
Cummins Creek and three tributaries, HQ CWF MF Class A Wild Trout Stream
UNT Delaware River, HQ CWF MF Wild Trout
During a protest against the Tennessee Gas pipeline, Save Cummins Hill members and friends stand in front of the devastation that has befallen their beloved mountain.
SAVE CUMMINS HILL is a group of concerned community members who are against the installation of a natural gas pipeline on Cummins Hill. Because the gas company, Tennessee Gas Pipeline, already has an existing right-of-way that can be used for this upgrade, this group feels that the destruction of seven miles of virgin forest and dynamiting the mountain, is outrageous and unwarranted. Since FERC allowed this project to take place, our groups has tried to stop the pipeline by raising awareness and appealing to those who have the power to stop it.
HELP STOP
Tennessee Gas Pipeline!
The Tennessee Gas Pipeline Northeast Upgrade (NEUP) Project is currently under construction in Pike County, Pennsylvania starting in Milford and Sussex and Passaic Counties in northern New Jersey, ending in Mahwah. The environmental footprint, which did NOT receive an Environmental Impact Study, includes 450 acres to be cleared, 90 streams, and 136 wetlands. The project is designed to add capacity to the aged Tennessee Pipeline that currently cuts a much smaller right of way through.
The 40+ mile pipeline project follows the old right of way with the exception of Loop 323, which is a 7.2-mile jug handle detour apart from the existing right of way. This unnecessary path of destruction being carved will entail killing thousands of trees, crossing EV Trout streams, steep cliffs, ravines, stealing private property through eminent domain. The pipeline will clear cut 100' swath scarring the Historic Route 6 Cliffs and ending up adjacent to the Delaware Valley School District main campus where it will then cross the Delaware River.
The 40+ mile pipeline project follows the old right of way with the exception of Loop 323, which is a 7.2-mile jug handle detour apart from the existing right of way. This unnecessary path of destruction being carved will entail killing thousands of trees, crossing EV Trout streams, steep cliffs, ravines, stealing private property through eminent domain. The pipeline will clear cut 100' swath scarring the Historic Route 6 Cliffs and ending up adjacent to the Delaware Valley School District main campus where it will then cross the Delaware River.
PLEASE MAKE YOUR VOICE BE HEARD TODAY:
Help us by doing three quick things:
(1) Call DRBC ask Carol Collier to reopen the TENNESSEE GAS NEUP docket (609) 883-9500 ext. 200
(2) Call Lt. Col. Chris Becking of the Army Corps to ask him to deny the final permits to Tennessee Gas Pipeline. (215) 656- 6502
(3) Follow up with an email from this link. They have the power to stop this project and must exercise their jurisdiction.
DRBC Meeting
Wednesday, 3/6/2013
Wednesday, 3/6/2013
All hell broke loose at the March 6, 2013 DRBC meeting when the Commissioners chose to not act on important issues regarding pipelines crossing the Delaware River. We needed to remind them that This Land is Your Land, This Land is Our Land.
URGENT HELP NEEDED
DRBC has now admitted they were wrong on other up river pipelines -- they should have done a review of the cut through the forests and parks before the project ever happened. They didn't. So now they are going back to take a second look. Because those are already in, all that can be done is to try to undo some of the tremendous damage done.
But the DRBC still has a chance to do that review on the Tennessee Gas Pipeline's Northeast Upgrade Project (TGP NEUP) before the damage is done, and finding a way to avoid it, rather than apologizing after the fact.
DRBC has the authority, right and we believe the obligation to reopen the very limited water withdrawal docket they issued for the TGP NEUP and require a cumulative analysis and public hearing before a docket and the project can go final.
They are choosing not to do so. We need to act to make them change their minds.
Call; Email; the DRBC -- tell them: to open the docket on the tennessee gas northeast upgrade project
mail: carol.collier@drbc.state.nj.us
Be sure to copy your email to the Commissioners:
edward.c.voigt@usace.army.mil
Michele.Siekerka@dep.state.nj.us
akeaton@gw.dec.state.ny.us
Kathleen.Stiller@state.de.us
Phone the DRBC at: 609 883 9500
Call Lt. Col. Becking of the Army Corps. He is President Obama's representative at the DRBC: 215 656 6502
March Down Cummins Hill Saturday, March 2
Our march down Cummins Hill Rd was a great success! People came from NYC, Philadelphia, Bucks County, PA, and various spots of NJ. Several speeches were made before the trek to the right-of-way which shows the devastation (see photo below) imposed on our region by Tennessee Gas Pipeline. More than ever, residents are determined to stop the pipeline.
Our march down Cummins Hill Rd was a great success! People came from NYC, Philadelphia, Bucks County, PA, and various spots of NJ. Several speeches were made before the trek to the right-of-way which shows the devastation (see photo below) imposed on our region by Tennessee Gas Pipeline. More than ever, residents are determined to stop the pipeline.
Tennessee Gas Pipeline left this scar on Cummins Hill. But they aren't finished! Their next plan is to dynamite it so they can bury their pipeline in the mountain.
March Across Milford Bridge
Saturday, Feb 24
People from all over marched across the Milford Bridge, from Milford to Montague, across the Delaware River. It was a fabulous turn out for a great event. We thank the many people who came from various areas to come join our march!
Saturday, Feb 24
People from all over marched across the Milford Bridge, from Milford to Montague, across the Delaware River. It was a fabulous turn out for a great event. We thank the many people who came from various areas to come join our march!
Candlelight Vigil
Friday, Feb 23
At 5 PM a group of protesters gathered in downtown Milford for a candlelight vigil to mourn the loss of the trees that have been lost in a full week. People are coming from all over the east coast to help with our struggle as the news of our plight spreads.
Friday, Feb 23
At 5 PM a group of protesters gathered in downtown Milford for a candlelight vigil to mourn the loss of the trees that have been lost in a full week. People are coming from all over the east coast to help with our struggle as the news of our plight spreads.
"I cry for my trees..."
Tennessee Gas destroys the private property of heartbroken Montague, NJ property owner, George Feighner.
Video: Northeast Upgrade Project Deforestation
of Private Homeowner's Land - Eminent Domain
A Tree is Saved!
North Jersey Pipeline Walkers fought to save the oldest tree on George and Ruth Feighner's property. They won!
Way to go North Jersey Pipeline Walkers!!
Way to go North Jersey Pipeline Walkers!!
The Delaware Riverkeeper Network (DRN) is the only citizen action organization operating throughout the entire Delaware River Watershed, which includes the Catskill Mountains of NY, Western NJ, Eastern PA, and nearly all of DE, speaking and working for both its protection and its restoration. The Delaware Riverkeeper is an individual who is the voice of the River, championing the rights of the River and its streams as members of our community which must be given priority consideration -- after all, without them we do not exist. The Delaware Riverkeeper is assisted by seasoned professionals and a network of members, volunteers and supporters. Together they form DRN, and together they stand as vigilant protectors and defenders of the River, its tributaries and watershed. DRN is committed to restoring the watershed's natural balance where it has been lost and ensuring its preservation where it still exists. The Riverkeeper's blog can be read here. A video published by the Riverkeeper can be viewed by clicking here.
Join our facebook page:
Stop Tennessee Gas from Destroying Cummins Hill Road
Stop Tennessee Gas from Destroying Cummins Hill Road
The Save Cummins Hill citizens group has created an ad to debate the recent Tennessee Gas propaganda piece and educate the public on the real facts regarding the proposed pipeline coming to our town.
"We wanted to ensure the Milford community understands that Tennessee Gas Loop 323 is a 7.2 mile path of destruction will affect all of us not just those living on Cummins Hill Road". "We believe many people have been uninformed or misinformed." said Jolie DeFeis" This pipeline will be cutting a new 100’ wide swatch that is 7.2 miles long. It will cut clear across Fire Tower Road, Foster Hill Road, Cummins Hill Road and through the beautiful scenic cliffs of Route 6/209. The partially exposed pipeline will cross five pristine water bodies including EV (exceptional value) trout steams, virgin forest, endangered species habitats, private property and will ultimately end up dangerously close to Delaware Valley School, Milford Senior Care and other local businesses. Much of the private land will be taken through eminent domain and those people have already received condemnation letters with tree clearing due to begin January 3. "We will have to look at a 100’ scar across our beautiful landscape every time we drive along Historic Route 6/209" said Linda Klee a local resident "and this will no doubt deter people from moving to this once beautiful area" she continued.
Contrary to the propaganda piece that Tennessee sent to select people, we do not believe that 1,100 local jobs will be created as a result of this construction. In other counties, almost all of the work was done by specialized pipeline workers from OH, TX, FL and other states. These jobs are temporary in nature and will not bring much to the area. The Delaware Watershed provides many more jobs and economic benefits to the area as evidenced in this recent report.
Not only is the 7.2 mile route unnecessary, but the whole project is unnecessary as the demand for natural gas has dramatically decreased. "We are recklessly and thoughtlessly destroying one of the most beautiful areas in the nation without reason" said Tracey Hoffman another long time resident.
"We wanted to ensure the Milford community understands that Tennessee Gas Loop 323 is a 7.2 mile path of destruction will affect all of us not just those living on Cummins Hill Road". "We believe many people have been uninformed or misinformed." said Jolie DeFeis" This pipeline will be cutting a new 100’ wide swatch that is 7.2 miles long. It will cut clear across Fire Tower Road, Foster Hill Road, Cummins Hill Road and through the beautiful scenic cliffs of Route 6/209. The partially exposed pipeline will cross five pristine water bodies including EV (exceptional value) trout steams, virgin forest, endangered species habitats, private property and will ultimately end up dangerously close to Delaware Valley School, Milford Senior Care and other local businesses. Much of the private land will be taken through eminent domain and those people have already received condemnation letters with tree clearing due to begin January 3. "We will have to look at a 100’ scar across our beautiful landscape every time we drive along Historic Route 6/209" said Linda Klee a local resident "and this will no doubt deter people from moving to this once beautiful area" she continued.
Contrary to the propaganda piece that Tennessee sent to select people, we do not believe that 1,100 local jobs will be created as a result of this construction. In other counties, almost all of the work was done by specialized pipeline workers from OH, TX, FL and other states. These jobs are temporary in nature and will not bring much to the area. The Delaware Watershed provides many more jobs and economic benefits to the area as evidenced in this recent report.
Not only is the 7.2 mile route unnecessary, but the whole project is unnecessary as the demand for natural gas has dramatically decreased. "We are recklessly and thoughtlessly destroying one of the most beautiful areas in the nation without reason" said Tracey Hoffman another long time resident.
NO GAS PIPELINE!
On May 29, 2012, The Federal Regulatory Commission (FERC) approved a route allowing the Tennessee Gas Co to cut a new seven-mile pipeline loop through unspoiled forest and private properties in order to avoid one mile in the Delaware Water Gap Recreation Area. Dozens of people objected to this decision and filed motions requesting that FERC reconsider by allowing a new hearing. It took months, but finally in January 2013, FERC denied their requests. (Despite taking months to make this decision, they have granted repeated requests from Tennessee Gas in a matter of hours.)
Tennessee already owns a pipeline on that mile of park land, and has had a right of way there allowing for pipeline improvements since 1955. Yet FERC opted to approve what even they admit is a more environmentally destructive route. This option will entail using dynamite to cut through the mountain, cut down thousands of trees, and ruin and/or disrupt the habitats of thousands of wildlife including the bald eagle. Before entering the Delaware River, the pipe will also run in close proximity to a school and convalescent center. The Army Corps of Engineers neglected to investigate all possible routes for this project, dropping the ball on their responsibility to do so. They investigated only the 7 mile loop because Tennessee Gas Pipeline indicated to them that this was the only option available.
TGP claims that they are not able to disrupt the existing pipeline because it sits under a National Park Recreation area and that the NPS claims that a congressional act would be required in order to do so. However, according to the regional director of the National Park Service, Tennessee Gas never formally asked NPS to use the existing easement. Tennessee Gas simply claimed they were denied access to their right of way when in fact they never asked for it. Meantime after being provided with misinformation, partial truths, as well as downright lies, FERC has ruled in favor of allowing Loop 323. The commission approved this route based on opposition of the National Park Service, opposition which we now know represented the feelings of only one NPS man, the local superintendent, but not those of the true decision makers. Now, with politicians, citizens and groups rallying together to enlighten FERC, it is hoped that FERC will reverse their decision.
Tennessee already owns a pipeline on that mile of park land, and has had a right of way there allowing for pipeline improvements since 1955. Yet FERC opted to approve what even they admit is a more environmentally destructive route. This option will entail using dynamite to cut through the mountain, cut down thousands of trees, and ruin and/or disrupt the habitats of thousands of wildlife including the bald eagle. Before entering the Delaware River, the pipe will also run in close proximity to a school and convalescent center. The Army Corps of Engineers neglected to investigate all possible routes for this project, dropping the ball on their responsibility to do so. They investigated only the 7 mile loop because Tennessee Gas Pipeline indicated to them that this was the only option available.
TGP claims that they are not able to disrupt the existing pipeline because it sits under a National Park Recreation area and that the NPS claims that a congressional act would be required in order to do so. However, according to the regional director of the National Park Service, Tennessee Gas never formally asked NPS to use the existing easement. Tennessee Gas simply claimed they were denied access to their right of way when in fact they never asked for it. Meantime after being provided with misinformation, partial truths, as well as downright lies, FERC has ruled in favor of allowing Loop 323. The commission approved this route based on opposition of the National Park Service, opposition which we now know represented the feelings of only one NPS man, the local superintendent, but not those of the true decision makers. Now, with politicians, citizens and groups rallying together to enlighten FERC, it is hoped that FERC will reverse their decision.
Click here to read FERC's decision
The insanity of FERC's decision becomes all too clear with this map...
Red Line - 7 mile loop through virgin forest
Blue Line - 1 mile of 56 year old existing pipeline
Red Line - 7 mile loop through virgin forest
Blue Line - 1 mile of 56 year old existing pipeline
Video: WHICH SIDE ARE YOU ON?
Watch us show Pike County which side we are on!
The IRONY
Because natural gas is so much cheaper here in the US than it is in other parts of the world, the US sells more natural gas to foreign countries than is actually uses. Many think that increasing the number of natural gas pipelines will mean that the US is becoming more energy independent. However, as long as there is a significant price difference in natural gas between the US and other countries, exporting it will remain a priority. Bottom line: Our own forests are being destroyed, our own aquifers are at risk of being contaminated in order to provide Europe and Asia with our natural resources.
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"Never doubt that a small group of thoughtful, committed citizens could change the world. Indeed, it's the only thing that ever has." Margaret Mead
Read the Law...
and you will read that existing easements provide a clear and approved method to cross the Delaware. This is not a new easement law issue as the NPS, TGP, FERC, Liz Forrest, Corbett, Marino, and our representatives outside of our area proclaim.
Apply the Trust but Verify Rule before making a statement or taking a position. See Liz Forrest's and Donahue's comments online and then read the entire 30 USC § 185 - RIGHTS-OF-WAY FOR PIPELINES THROUGH FEDERAL LANDS, MINERAL LEASING ACT OF 1920 AND ITS UPDATES, AND THE NPS LAWS CFR PART 36.
Code of Federal Regulations Part 36
Mineral Leasing Act of 1920 as Amended re-transcribed 8/9/07
(t) Existing rights-of-way
The Secretary or agency head may ratify and confirm any right-of-way or permit for an oil or gas pipeline or related facility that was granted under any provision of law before the effective date of this subsection, if it is modified by mutual agreement to comply to the extent practical with the provisions of this section. Any action taken by the Secretary or agency head pursuant to this subsection shall not be considered a major Federal action requiring a detailed statement pursuant to section 102(2)(C) of the National Environmental Policy Act of 1970 (Public Law 90–190; 42 U.S.C. 4321).[1]
Rights of Way for pipelines through Federal Lands / Legal Information Institute
and you will read that existing easements provide a clear and approved method to cross the Delaware. This is not a new easement law issue as the NPS, TGP, FERC, Liz Forrest, Corbett, Marino, and our representatives outside of our area proclaim.
Apply the Trust but Verify Rule before making a statement or taking a position. See Liz Forrest's and Donahue's comments online and then read the entire 30 USC § 185 - RIGHTS-OF-WAY FOR PIPELINES THROUGH FEDERAL LANDS, MINERAL LEASING ACT OF 1920 AND ITS UPDATES, AND THE NPS LAWS CFR PART 36.
Code of Federal Regulations Part 36
Mineral Leasing Act of 1920 as Amended re-transcribed 8/9/07
(t) Existing rights-of-way
The Secretary or agency head may ratify and confirm any right-of-way or permit for an oil or gas pipeline or related facility that was granted under any provision of law before the effective date of this subsection, if it is modified by mutual agreement to comply to the extent practical with the provisions of this section. Any action taken by the Secretary or agency head pursuant to this subsection shall not be considered a major Federal action requiring a detailed statement pursuant to section 102(2)(C) of the National Environmental Policy Act of 1970 (Public Law 90–190; 42 U.S.C. 4321).[1]
Rights of Way for pipelines through Federal Lands / Legal Information Institute
The Smoking Guns!
ENVIRONMENTAL IMPACT STATEMENT NEVER DONE ON DOOMED FORESTS!
The National Environmental Protection Act (NEPA) requires that all federal agencies prepare an environmental impact statement (EIS) for proposed major actions that significantly affect the environment. This requirement is the core of NEPA that includes the public in the federal agency decision making process. Yet, an EIS was never done. A less detailed environmental assessment (EA) was done instead. How was Tennessee Gas Co able to get away with neglecting to do an EIS?
Click here to see the results of the environmental impact assessment done on the Northeast Project.
Environmental Impact STATEMENT vs. ASSESSMENT
An Environmental Assessment (EA) as described in Section 1508.9 of CEQ's NEPA Regulations is a concise public document which has three defined functions:
Since the EA is a concise document, it should not contain long descriptions or detailed data which the agency may have gathered. Rather, it should contain a brief discussion of the need for the proposal, alternatives to the proposal, the environmental impacts of the proposed action and alternatives, and a list of agencies and persons consulted -- Section 1508.9(b). Agencies should make the Finding of No Significant Impact (FONSI) and EA available for 30 days of public comment before taking action -- Section 1501.4(e)(2). (March 16, 1981 – NEPA's 40 Most Asked Questions).
An Environmental Impact Statement (EIS) is a detailed analysis that serves to insure that the policies and goals defined in NEPA are infused into the ongoing programs and actions of the federal agency. EISs are generally prepared for projects that the proposing agency views as having significant prospective environmental impacts. The EIS should provide a discussion of significant environmental impacts and reasonable alternatives (including a No Action alternative) which would avoid or minimize adverse impacts or enhance the quality of the human environment. The standard format for the EIS as outlined in Section 1502.10 of the NEPA Regulations should be followed. Agencies should allow at least a 45-day comment period for draft EISs and a 30-day comment period for final EISs.
An Environmental Assessment (EA) as described in Section 1508.9 of CEQ's NEPA Regulations is a concise public document which has three defined functions:
- it briefly provides sufficient evidence and analysis for determining whether to prepare an EIS;
- it aids an agency's compliance with NEPA when no EIS is necessary, i.e., it helps to identify better alternatives and mitigation measures; and
- it facilitates preparation of an EIS when one is necessary - Section 1508.9(a).
Since the EA is a concise document, it should not contain long descriptions or detailed data which the agency may have gathered. Rather, it should contain a brief discussion of the need for the proposal, alternatives to the proposal, the environmental impacts of the proposed action and alternatives, and a list of agencies and persons consulted -- Section 1508.9(b). Agencies should make the Finding of No Significant Impact (FONSI) and EA available for 30 days of public comment before taking action -- Section 1501.4(e)(2). (March 16, 1981 – NEPA's 40 Most Asked Questions).
An Environmental Impact Statement (EIS) is a detailed analysis that serves to insure that the policies and goals defined in NEPA are infused into the ongoing programs and actions of the federal agency. EISs are generally prepared for projects that the proposing agency views as having significant prospective environmental impacts. The EIS should provide a discussion of significant environmental impacts and reasonable alternatives (including a No Action alternative) which would avoid or minimize adverse impacts or enhance the quality of the human environment. The standard format for the EIS as outlined in Section 1502.10 of the NEPA Regulations should be followed. Agencies should allow at least a 45-day comment period for draft EISs and a 30-day comment period for final EISs.