Tag: compressor 206

Action Alert – Urge Governor Murphy’s NJ DEP to Deny Permits for the Williams-Transco Northeast Supply Enhancement Project

Everyone’s voice is needed again

Urge Governor Murphy’s New Jersey Department of Environmental Protection to Deny Permits for the Williams-Transco Northeast Supply Enhancement Project

APPLICATIONS – STATUS UPDATE

The NJDEP declared that Williams/Transco’s January 2020 application was “complete for review” on February 7, 2020.  That starts the 90-day timeline within which the NJDEP must issue a decision which should happen by May 6, 2020.

NJDEP’s Identification Number for the 1/21/20 Applications is:

Program Interest # 0000-01-1001.3         Activity # LUP200001

NJDEP has provided application documents and ways to submit comments on a Portal that can be found at:  https://www.nj.gov/dep/nese

The deadline for sending comments to NJDEP is Monday, April 6.

ACTIONS TO TAKE NOW

Urge Governor Murphy and the New Jersey Department of Environmental Protection to deny this harmful and unnecessary project once and for all.  Demand Murphy and the NJDEP put actions behind their promises of a clean energy future.  Demand that the NJDEP says NO to NESE!

  1. Sign the petition letter to ask for more time to review materials and submit comments + hearings (fact-finding meetings) scheduled by the NJDEP to hear our concerns.  The only NJDEP hearings for four different application times were on 11/5/18 and 3/18/19.
  2. Sign the petition letter that asks for the NESE permit applications to be denied.
  3. Look for online petition letters to sign.  We’ll provide information about them once they are live.

The 2 petition letters are here:

  1. NJDEP – Request Hearings + Extra Time to Comment
  2. NESE – Encourage Denial of NESE Permits

You can email your petition letters:

  • Format needs to be MSWord-compatible and not locked/read-only.
  • Put the following in the SUBJECT box:  Transco NESE Comments
  • Email to:  Governor Murphy, Commissioner McCabe & the NJDEP’s NESE Portal for comments

Constituent.relations@nj.gov
commissioner@dep.nj.gov 
NESEcomment@dep.nj.gov

You can mail paper copies to:

TRANSCO NESE Public Comment
Land Use Regulation
N.J. Department of Environmental Protection
501 East State Street
Mail Code 501-02A; P.O Box 420
Trenton, NJ   08625-0420

Governor Philip D. Murphy
Office of the Governor
State of New Jersey
20 West State St., 4th Floor
Trenton, NJ 0862

Catherine R. McCabe
Commissioner
N.J. Department of Environmental Protection
401 East State St., 7th Floor
Trenton, NJ 0862

BACKGROUND

For the fourth time in three years, Williams-Transco is seeking approval for the Northeast Supply Enhancement (“NESE”) Project.  The massive expansion project would require the construction of a highly air polluting gas-fired compressor station in Somerset County, New Jersey, as well as the construction of a 23.4 mile offshore pipeline that will rip through Raritan and Lower New York Bay.  The project is designed to carry fracked methane gas from Pennsylvania through New Jersey and sensitive marine waters to New York.  If approved, the project would lock the region into decades of fossil fuel dependence, significantly contributing to catastrophic climate change while creating significant and severe environmental harm throughout New Jersey and New York.  

Why Is The Project A Bad Idea?

A Climate Disaster 

  • A major reason to oppose NESE is the impact it will have on accelerating climate change.  This billion dollar project will lock the region into decades of continued reliance on fossil fuels.  If approved, the project will bring climate altering methane gas to New York City, resulting in the equivalent of over 7 million tons of carbon dioxide into the atmosphere every year!

Incompatible with New Jersey and New York’s Clean Energy Agenda 

  • To address climate change, both Governor Murphy of New Jersey and Governor Cuomo of New York have unveiled progressive climate plans to significantly reduce emissions and promote a swift transition to renewable energy.  NESE creates a legacy incompatible with these goals. 

Destruction of Decades of Water Quality Improvement in the Raritan and Lower New York Bays

  • The Raritan Bay and Lower New York Bay are the oldest industrial watersheds in the nation.  Decades of pollution, dumping, and mismanagement resulted in widespread contamination.  However, environmental efforts in the last few years have significantly improved the area.  NESE threatens to reverse these improvements.  Dredging of a 23.4 mile trench through the heart of these waterways will re-suspend sediment containing harmful toxins such as PCBs, dioxin, lead, mercury and arsenic.
  • The company behind the project also plans to discharge over 690,000 gallons of drilling fluids into the water releasing untold chemicals and biocides into the marine environment.

Harm to Marine Life 

  • The area the proposed pipeline will disrupt is home to a wide variety of marine life.  The Raritan and Lower New York Bay is home to over two-hundred species of fish, sixteen species of marine mammals, including the Atlantic Right Whale, and five species of turtles. Several of these species are considered endangered or threatened. 
  • Construction of the offshore pipeline will result in widespread industrial activity which will harass and harm marine life.  The resuspension of the toxic contaminants will destroy important ecosystems such as oyster reefs, clam beds, wetlands and shallow waters.  As the toxic sediment resettles, it will also suffocate fish eggs and larva, killing the next generation of marine life.  

Ocean Dumping – Contaminating the Atlantic Ocean 

  • The company plans to not only re-suspend harmful toxic sediment, but has proposed to dump over 735,000 cubic yards of contaminated sediment into the ocean.  This will expose marine life to toxic pollutants, reintroducing toxins into the environment and allowing it to enter the food chain.

A Threat to Public Health and Safety 

  • Over the past years, pipelines and pumping stations owned and operated by the company proposing NESE have experienced over ten explosions or fires.  In the last five years, the company has continued to receive safety and risk violations from various federal agencies including penalties in New York and New Jersey.  The company has also received numerous fines from the EPA for unsafe discharges of pollutants. 
  • Compressor Station 206 is proposed to be built in a densely populated area, next to an active blasting quarry and a Superfund site. 
  • Compressor Station 206 will increase the velocity of gas through pipelines that are over 50 years old which will accelerate the rate of corrosion that leads to fires and explosion.   

Increased Air/Noise Pollution 

  • The proposed Compressor Station 206 will result in harmful emissions of toxic air pollutants such as Carbon Monoxide, Sulfur Dioxide, Nitrous Oxides, Particulate Matter 2.5, Volatile Organic Compounds, Formaldehyde, and Benzene, and some of these emissions will increase Ozone, which is unhealthy for children, the elderly, and those with respiratory ailments.
  • For the second consecutive year, the American Lung Association gave both Monmouth County and Middlesex County an F in the annual State of the Air report for ozone pollution. 
  • Low-frequency noise from compressor stations, it has been reported, is harmful to both humans and wildlife.

An Unneeded Cash-Grab

  • The billion dollar project will be paid for by ratepayers in New York. If approved, federal regulations will give Williams-Transco a mandatory 14% return on investment for the harmful project.  There are better, less harmful alternatives to this massive overbuild of a project based on profit and not need.  
  • In fact, after New York regulators previously denied the project for the environmental harm it would create, National Grid, the utility contracted to purchase the gas from the project, issued a moratorium on all new connections and urged customers to support the project.  New York regulators concluded that there was no proof that the moratorium was needed and fined the company 35 million dollars, and ordered the company to lift the moratorium.  

Action Alert – Speak Up to Scrap NESE

NESE has new filings at the Federal & State levels, and our voices are needed again.

Williams/Transco now proposes to use (improve + extend) the access road from Route 518 to the EPA building on the Higgins Farm Superfund Site to get to the proposed Compressor Station 206.

FERC

FERC has opened up a new docket just for Williams/Transco’s January 31, 2020 “Application to Amend Certificate” to allow it to use & extend the Higgins Farm/EPA road to access the proposed Compressor Station 206.  The FERC Docket Number for this specific proceeding is CP20-49.  This is distinct from the FERC Docket for the overall NESE Project (FERC Docket Number CP17-101), which remains open/active.

Use this new docket number for the following actions:

  • March 20, 2020 = deadline to submit comments to FERC on the proposed “environmental document” which FERC will produce

To view the Amendment application, go to:

https://drive.google.com/drive/folders/1OKm3OIW4tNc6VGtVoCHK6qp_MS5ITEmq?usp=sharing

NJDEP

January 21, 2020:  new applications were submitted to NJDEP.

February 19, 2020 DEP Bulletin:  public notification that the new applications are “administratively complete” as of 2/7/20.

  • NJDEP has a portal (available here) on their website where they posted application materials (available here) & where there’s a form that can be used to submit comments online (available here).    You can use that or send comments as attachments to NESEcomment@dep.nj.gov.  
  • 45 day comment period has been provided for these applications by the DEP.  Thus, comments = need to be at DEP by April 3 (Friday).

There is hope!

On February 21, 2020, Williams/Transco stopped their investment in the Constitution Pipeline after 8+ years of legal battling.  They noted that “greenfield” (new) projects have weaker risk-adjusted returns. For NESE, the proposed Compressor Station 206 + most of the Raritan Bay Loop are not within their right-of-way areas and, thus, are “greenfield” components.

What can you do?

Sign up to be an intervenor with FERC on the new Docket No. for NESE CP20-49 by Feb. 26, 2020.

Find your prior comments that were sent to NJDEP on prior versions of the permit applications, and send them anew since, for the most part, the issues still exist. Submit your comments here.

Sign the online petition(s) to NJDEP about denying these latest permit applications, giving more time for making comments, and holding fact-finding (public hearing) meetings. Sign our MoveOn petition to the NJDEP here.

FYI:  This April 22 = the 50th anniversary of Earth Day.

10/29/2019 Update

NJDEP did not issue their decision on the water permit applications on October 25, 2019 as was expected. 

Rather:

  1. Williams/Transco asked for a 30-day extension for a DEP decision on the Flood Hazard Area permit, and
  2. Williams/Transco withdrew their permit applications for Waterfront Development with Section 401 Water Quality Certification & Coastal Zone Management Consistency, and they submitted new applications three days later – October 28, 2019.

      The NJDEP does not have a 90-day decision deadline to adhere to for the Freshwater Wetlands permit application (i.e., There would be no consequences if they rendered a decision on this beyond 90 days after declaring the application to be complete for review.)

      THANK YOU!

      This is to recognize all the recent efforts to ensure that the NJDEP was aware of our concerns, issues with the applications, and recognition that the applications did not meet the stringent standards that the NJDEP was required to adhere to.  Prior to the NJDEP’s anticipated 10/25/19 decision on the June 12, 2019 applications:

      • Franklin Township Council passed a resolution urging the NJDEP to reject the June 2019 permits for the Northeast Supply Enhancement (NESE) Project at their 10/22/19 meeting.
      • Princeton Council passed a resolution urging the NJDEP to reject the June 2019 permits for the Northeast Supply Enhancement (NESE) Project at their 10/14/19 meeting.
      • Letters were sent to the Governor and NJDEP’s Commissioner McCabe from 33 elected officials and 32 organizations or their members urging the DEP to deny the permits for NESE on 10/18/19.
      • Nearly 6,000 people signed letters and/or online petitions/letters from New Jersey League of Conservation Voters, Sierra Club, Food and Water Watch, Clean Ocean Action, Central Jersey Environmental Defenders, and the Natural Resources Defense Council stating opposition to NESE and urging the DEP to deny the permits for NESE.  
      • Over 200 people called the Governor’s office to urge the DEP to deny the permits for NESE because they did not meet stringent regulatory standards
      • Many individuals sent individually-prepared comments to the NJDEP.
      • Franklin Twp. Manager sent extensive comments from the Franklin Township Task Force to the NJDEP and other officials in Trenton on 8/20/19 and 10/21/19.
      • Eastern Environmental Law Center and Princeton Hydro sent comments to the NJDEP on 8/2/19, 8/23/19, 10/21/19, and 10/24/19.
      • People rallied in Red Bank on 9/14/19 at an event organized by Clean Ocean Action.
      • And there were more actions …

      Some of the reasons cited for denying the permits were:

      1. Construction of the NESE Project threatens surface water quality, increased stormwater flooding, and threatened & endangered species and their habitats.
        • From construction in Raritan Bay –  
          • Unearthing toxics above levels acceptable in the regulations
          • Generating turbidity (clouding the water) that would interfere with designated use of the waters
        • From construction of the Madison Loop –
          • Digging in acid-producing soils would result in poor re-vegetation on steep slopes and could lead to excess runoff into wetlands (some of which are classified as “exceptional resource”).
        • From the design of the retention basin for Compressor Station 206 – 
          • This will not adequately address stormwater runoff.
          • NOTE:  Williams/Transco made similar errors that NJ DEP failed to detect and correct in the design and construction of a recent compressor station in Chesterfield Township (“Garden State Expansion” project).
      2. Construction of the Raritan Bay Loop, with its newly proposed shorter schedule, threatens the health of marine life, habitats, benthic and shellfish communities, and the economy of the region due to suspension and spreading of toxins from beneath the seafloor, noise from construction, and limited access to construction space in the Bay for commercial and recreational activities.
      3. Williams/Transco did not demonstrate that there are no practicable alternatives to avoid impacting exceptional resource value wetlands and their transition areas at the proposed CS206 site and Madison Loop.
      4. NJDEP explained that Williams/Transco did not demonstrate (1) that the proposed NESE Project serves an essential health or safety need of the municipality in which it is proposed; (2) that the proposed NESE Project serves existing needs of residents of the State; and (3) that there is no other means available to meet the established public need.
        • NESE does not meet the “public interest” criteria because: 
          • There is no “compelling public need” for it – It does not provide a public health or safety benefit, and, additionally, NY does not need this gas.  Rather, NESE:
            • threatens our air and water quality from methane and other toxic releases, 
            • negatively impacts the health of people and marine/wild life from Compressor Station 206 emissions & unearthed toxins from constructing in Raritan Bay,
            • poses safety risks (fires or explosions) from increased velocity of transporting natural gas through pipelines that are 50+ year old which will impact the rate of corrosion, and 
            • increases risks of flooding at the CS206 site from an inadequately designed retention basin.
        • It doesn’t preserve natural resources, and
          • There would be a negative impact on the shore economy by dredging up toxins from the floor of the Bay which would harm the health and safety of marine life and of Bayshore communities.
          • NOTE:  FERC’s 5/3/19 Certificate of Public Convenience & Necessity was not based on criteria NJDEP needs to use to determine public interest / compelling public need.
      5. The NESE Project’s greenhouse gas emissions and methane leaks would undercut the State’s goals to address impacts on Climate Change.  Based on the responses from the public and political leaders, there is growing support for these goals and opposition to NESE.
        • Approximately 6,000 people called the Governor and/or signed online petitions to the NJDEP and/or to Governor Murphy that included reasons for the NJDEP to deny the June 12, 2019 permit applications.  More comments were emailed or submitted in writing to the NJDEP during the comment period for this 3rd set of applications, but we do not know how many.
        • Governor Cuomo & Mayor DeBlasio, along with many other elected officials in NJ & NY, have voiced their opposition to the NESE Project.

      REMEMBER:  The NESE compressor station & pipeline can’t be built without permits from the NJDEP.

      STAY TUNED for plans for future actions.

ACTION ALERT – Princeton Council voices continuing opposition to NESE

On October 14, 2019, the Princeton Council unanimously passed a resolution in support of NJDEP denying permits for two fossil fuel pipeline projects that could impact central Jersey – NESE and PennEast.  It recognizes that neither project can be completed in a manner that meets the stringent environmental standards required by state laws and regulations.

It highlights misleading & false assertions like:

  • Natural gas is a bridge to clean energy.
  • There is a need for more gas by National Grid in New York.

It highlights important concerns & goals of people in New Jersey:

  • Compressor stations are a potent source of ground level ozone, are a safety risk, and negatively affect the quality of the air we breathe.  Plumes of toxic emissions can travel 10 miles away.
  • The safety standards of interstate pipelines are weaker than those for intrastate pipelines.
  • Construction of Compressor Station 206 would adversely impact the state-threatened barred owl and protected vernal pool habitats.
  • Construction of the pipeline in Raritan Bay would dredge up toxins, and it threatens marine life, tourism and the fishing economy.
  • A transition away from fossil fuels is needed to achieve the State’s clean energy mandates.
  • The costs of non-polluting solar and wind energy are decreasing.
  • New York’s energy needs can be met by energy efficiency and the use of renewable energy sources.

With appreciation for this well-detailed action by the Princeton Council, their resolution is linked to this alert.

READ THE RESOLUTION

REMEMBER:
If Williams/Transco does not get all permits from NJDEP and/or NYSDEC, the compressor station proposed near Trap Rock Quarry and the pipeline proposed in Old Bridge/Sayreville and Raritan Bay cannot be built.

By Friday, October 25, NJDEP needs to make a decision about the Coastal Wetlands and Waterfront Development permit applications.

By Tuesday, October 29, NJDEP needs to make a decision about the Flood Hazard Area permit application.

QUICK ACTIONS YOU CAN TAKE NOW

1-Sign the online petition that will be sent to the Governor & NJDEP Commissioner.

2-Call Governor Murphy between 9AM and 5PM, and tell him that you want the NJDEP to deny all permits for the Northeast Supply Enhancement Project (a.k.a. NESE).  Call 866-586-4069 or 609-292-6000.

OTHER ACTIONS:

Even though the comment period ended, Williams/Transco has submitted more documents to NJDEP since then.  Make your concerns known to the NJDEP Project Managers and others in Trenton who need to be aware of your concerns by sending messages by October 22.

TO:

NJDEP Project Managers:  Joslin.Tamagno@dep.nj.gov
Joslin Tamagno and Steve Olivera Stephen.Olivera@dep.nj.gov 

COPIES TO:

Governor Phil Murphy Constituent.relations@nj.gov
Christopher Jones, Manager – Land Use Christopher.Jones@dep.nj.gov 
Catherine R. McCabe, NJDEP Commissioner Commissioner@dep.nj.gov 
Diane Dow, Director – Land Use Diane.Dow@dep.nj.gov 
Virginia Kopkash, Assistant Commissioner – Land Use Ginger.Kopkash@dep.nj.gov 
Ruth Foster, Director – Permit Coordination & Environmental Review Ruth.Foster@dep.nj.gov 

ACTION ALERT: Submit Comments to NJDEP by August 23!

NJDEP has issued a COMMENT PERIOD for the June 2019 NESE applications that ends on August 23, 2019

Join us in stopping Williams/Transco’s proposed Northeast Supply Enhancement (NESE) Project’s Compressor Station 206 and pipeline in Old Bridge/Sayreville and under Raritan Bay that threatens our communities, the environment, and efforts to address risks from climate change in NJ and NY.

ACTIONS:

  • Call Governor Murphy between 9 AM and 5PM at 866-586-4069 or 609-292-6000 & leave a message that you expect the NJDEP to protect our health and safety by denying the permit applications for the Northeast Supply Enhancement (NESE) Project that do not meet standards of NJ regulations.

WHY?  There are many reasons to oppose NESE’s compressor station and pipeline proposed to be built in New Jersey.

  1. Construction would harm the health and environments of humans, marinelife and wildlife.
  2. Operation of the compressor station would threaten our health from toxic air emissions.
  3. Increased velocity of moving gas through pipeline that is 50+ years old risks hastening of corrosion that leads to fires and explosions.
  4. Williams/Transco has a poor safety record.
  5. The NESE Project undercuts goals and efforts of NJ and NY to fight impacts of climate change.

The NESE Project has been stopped twice in New York and twice in New Jersey when 2017 and 2018 applications for permits were withdrawn and/or denied.  Now, following the third applications in June 2019, it’s time for the NJDEP to deny the permit applications with prejudice (a.k.a. “for good”).  

We know that there is no way for Williams/Transco to build NESE’s pipeline and compressor station without threatening our water quality, threatened & endangered species, and wetlands.  We will continue to fight this dangerous and unnecessary project to the end.

YOUR COMMENTS ARE NEEDED NOW!    Many of the concerns of people in NJ & NY have been heard, and they need to be voiced again about the 2019 permit applications – by August 23, 2019.

Now is the time to make it known that you expect the NJDEP to deny the water permit applications that they received on June 12, 2019 for the NESE Project. 

YOUR COMMENTS ARE NEEDED!  Click the button below to submit your comments through the Action Network by the extended deadline of August 23.

SUBMIT COMMENTS

ACTION ALERT: Comment Period Extended to August 23

The fight against Compressor Station 206 and the pipeline in the Raritan Bay is not over! 

Williams/Transco still needs permits from NJDEP and the NY State Department of Environmental Conservation (NYSDEC) to receive FERC’s permission to begin construction. 

  • The earlier permit applications to NJDEP were withdrawn or rejected – 6/23 & 7/10/17 applications withdrawn on 6/15/18 > new applications submitted 6/20/18 > denied by NJDEP on 6/5/19 > new applications submitted on 6/12/19. 

It has been over 3 years since the opposition to the NESE Project began, and there’s still hope that the NJDEP will do the right thing and reject the third set of applications from Williams/Transco for permits since they fail to meet State requirements for the permits. 

  • The June 12, 2019 applications to NJDEP still do not meet NJ regulations by showing a “compelling public need” for the NESE Project. 
  • They still include harms from construction of the pipeline to our surface water quality, marine life, and threatened & endangered species and their habitats. 
  • The proposed infiltration basin for the compressor station site still does not meet required regulations. 
  • Operations would guarantee decades of toxic air pollution from the compressor station. 

See attachments: NJDEP’s deficiency letters

Now is the time to make it known that you expect the NJDEP to deny the water permit applications that they received on June 12, 2019 for the NESE Project. 

YOUR COMMENTS ARE NEEDED!  Click the button below to submit your comments through the Action Network by the extended deadline of August 23.

SUBMIT COMMENTS

ACTION ALERT – SEND COMMENTS TO NJDEP BY AUGUST 2, 2019

We know that there is no way for Williams/Transco to build NESE’s pipeline and compressor station without threatening our water quality, threatened & endangered species, and wetlands. We will continue to fight this dangerous and unnecessary project to the end.

The NESE Project has been stopped twice in New York and twice in New Jersey when 2017 and 2018 applications for permits were withdrawn and/or denied. Now, following the third applications in June 2019, it’s time for the NJDEP to deny the permit applications with prejudice (a.k.a. “for good”).

YOUR COMMENTS ARE NEEDED!

Many of the concerns of people in NJ & NY have been heard, and they need to be voiced again about the 2019 permit applications.

NJDEP has issued a comment period for the June 2019 applications that ends on August 2, 2019. We’re asking for an extension but, at this time, we do not know if it will be granted.

Attached are sample written comments/points that are relevant to the NJDEP’s current review of applications as well as political points (such as climate change impacts).

We will be adding additional sample comments to the website as we go, so please check back periodically.

Recommendations:

  1. Write separate comments for each topic or point.
    • Using the attached comment statements, you could do a “word search” for a topic or concern of interest to you.
    • On the next page is a list of the attached comment topics with provided information.
  2. Choose points from what is provided on the attached comment ideas/points & use them to create your own individual comments by copying/pasting what you want to use into a Word document. Save it.
  3. Include your full name and address at the end of all comment letters.
  4. Send each comment as an attachment (the Word document or that document saved as a PDF) via one email to all of the following – the 2 NJDEP people reviewing the permit applications (Project Managers) while copying others in the DEP who are involved as well as the Governor. (Emails are listed below so that you can copy & paste them into your email.) You could also copy your local State Senators and Representatives.

Send Emails = To NESE Project Managers at NJDEP:

Stephen.Olivera@dep.nj.gov
Joslin.Tamagno@dep.nj.gov

cc:

Commissioner@dep.nj.gov
Ruth.Foster@dep.nj.gov
Christopher.Jones@dep.nj.gov
Diane.Dow@dep.nj.gov
Ginger.Kopkash@dep.nj.gov
Constituent.relations@nj.gov

5. For the Subject of your email, copy & paste this into the space –
Comments on NESE – Program Interest # 0000-01-1001.3; Activity #s: LUP 190001 & LUP190002

6. To identify the comment in the document you will attach, write something like the following as your email message:

Dear Mr. Olivera and Ms. Tamagno:

I would like to thank the DEP for its June 5, 2019 denial of Williams/Transco’s prior set of Land Use permit applications. Transco’s new Land Use permit applications – submitted merely one week after the denial – still fail to satisfy the applicable New Jersey statutes and regulations, including New Jersey’s stringent requirements for issuing a Water Quality Certificate under Section 401 of the federal Clean Water Act.

For accountability, public participation, and use of science-based decision-making, the following comments are provided for consideration during the current comment period for the June 2019 applications by Williams/Transco for the following permits for the proposed Northeast Supply Enhancement Project: Freshwater Wetlands Individual Permit with Section 401 Water Quality Certification, Flood Hazard Area Individual Permit and Verification, Waterfront Development Individual Permit with Section 401 Water Quality Certification, and Coastal Zone Management Act Consistency Determination.

However, this 30-day timeframe is inadequate because the application material is only available for review during business hours in paper format, and this precludes true accessibility for those who cannot spend time at the Municipal Center or NJDEP’s office for reasons that include work, family care and/or disability.

Thus, in addition to considering my comments, I am asking for (a) an extension of the comment period for an additional 45 days beyond August 2 for sending you comments as well as (b) posting of the application material in a web-accessible format on the DEP website. This should not be difficult since Williams/Transco provided the DEP with all application material on a DVD in late June/early July.

7. Then, attach your comment as a Word document or PDF.

Comment Topics – Elaborated Points are in the attached dociments.

(1) Construction of the NESE Project threatens water quality, increased stormwater flooding, and threatened & endangered species.

OPEN PDF OF COMMENT 1

A. Construction of a stormwater basin at the proposed Compressor Station 206 site does not include complete plans that account for the specific soil type that exists there.

B. Impacts to the habitat for the State threatened barred owl as well as protected vernal pool habitats at the proposed Compressor Station 206 site were not adequately assessed or avoided.

C. Construction Schedule of the Raritan Bay Loop was reduced from 12 months to 7 months

D. A shortened timeline increases the intensity of work, so the overall impacts will be magnified.

E. Noise Impacts from Pile Drivings – It is not clear if the construction schedule for these activities has changed with the compressed construction schedule for the Raritan Bay Loop, but the requests for harassment have increased.

F. Dredging up toxics has not been avoided by construction of the Raritan Bay Loop, and this will likely cause long-term harm that was not accounted for in the applications.

G. To reach a conclusion that the impacts on water quality would be short-lived, temporary and localized neglects to consider the unusual tidal flows in Raritan Bay, the chain-reactions from destroyed habitat and food sources for marine life, and the contamination of food sources for marine life and people.

H. NESE’s Raritan Bay Loop’s Undisputed, Devastating Impact on Shellfish Beds and Benthic Communities

I. Williams/Transco has not sufficiently identified permanent, temporary, and secondary/indirect impacts from onland construction, and they have not shown plans to avoid and/or mitigate these impacts.

  • Acid Producing Soils
  • Construction through or near Superfund Sites & other toxic sites

(2) Williams/Transco did not demonstrate that there are no practicable alternatives to avoid impacting exceptional resource value wetlands and their transition areas.

OPEN PDF OF COMMENT 2

(3)  Williams/Transco did not demonstrate a “compelling public need” for the NESE Project that meets requirements of NJ’s Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-10.4 or, alternatively, demonstrate an extraordinary hardship from denial of a permit.

OPEN PDF OF COMMENT 3

The NESE Project does not serve an essential health or safety need of the municipality in which it would be constructed, and its proposed use does not serve existing needs of residents of the State.

  • Air Quality & Health Impacts
  • Safety Risks – Fires or Explosions

Additionally, the “need” for the NESE Project has been refuted by reports, and the needs of the State that are currently focused on fighting climate change impacts would be harmed by the NESE Project despite claims by Williams/Transco about “benefits” to New Jersey.

(4)  NESE is not in the Public Interest.

OPEN PDF OF COMMENT 4

  • need to preserve natural resources
  • relative extent of the public and private need for the regulated activity
  • practicability of using reasonable alternative locations and methods
  • economic value
  • ecological value of the freshwater wetlands and probable impact on public health and fish and wildlife.

(5)  Contaminants that would be unearthed, suspended and redistributed in the Raritan Bay exceed “acceptable” levels. Exceedances were found by the NYSDEC for heavy metals (copper & mercury) in New York waters, too. Thus, construction of the Raritan Bay Loop of the NESE Project would (a) negatively impact surface water quality, and (b) harm threatened and endangered species and their habitat. Additionally, the shortening of the in-water construction schedule raises serious concerns about impacts from increased vessel traffic and noise as well as adhering to time-of-year restrictions to protect threatened and endangered species if the schedule needs to be altered due to unforeseen circumstances. Furthermore, the unique tidal flows in the Raritan Bay do not seem to have been given appropriate consideration.

OPEN PDF OF COMMENT 5

(6)  Other Concerns about In-Water Construction

  • Time of Year Restrictions
  • Thermal Discharges

OPEN PDF OF COMMENT 6

(7)  There is a Questionable “Need” for additional natural gas in National Grid’s NY area.

OPEN PDF OF COMMENT 7

(8)  There is no real consideration of climate crisis-mitigating renewable alternatives by the Federal or State agencies. Additionally, the impact of the NESE Project on climate change effects should be considered in light of the threats facing New Jersey as well as the State’s goals to reduce greenhouse gases.

OPEN PDF OF COMMENT 8

(9) Misleading and incomplete information in the Factsheets provided by Williams/Transco

OPEN PDF OF COMMENT 9

ACTION ALERT – Request Fact-Finding Meetings/Public Hearings

Since applying for water permits to the NJDEP a third time via letters dated June 10, 2019, the NJDEP has issued two deficiency letters to Williams/Transco – June 25 and July 12. These letters are attached.

  • The applications for Waterfront Development (Upland & In-Water Individual Permits) and Coastal Wetlands (Individual Permit) have been deemed by the NJDEP to be technically complete. Thus, they are “complete for review”, and this mean that the NJDEP has until September 25 to make a decision about granting or denying these particular permits.
  • Permit applications for Freshwater Wetlands and Flood Hazard Area remain technically deficient. The NJDEP has requested revised Stormwater Management calculations to account for soil units that were reported as different in soil survey reports and in geotechnical investigation reports. They also requested that Williams/Transco demonstrate that the road to the Higgins Farm EPA Remediation Building is not a practicable alternative to their proposed access road.

WHAT TO DO?

Use the attached sample letter and let the NJDEP know that you want them to schedule 3 fact-finding meetings (a.k.a. “public hearings”) near the proposed compressor station site in Franklin Twp., neat the pipeline proposed in Old Bridge and Sayreville, and near the Bayshore communities in Monmouth County who will be affected by the proposed in-water pipeline.

NOTE: Requests for new fact-finding meetings (public hearings) need to be received by the NJDEP by Friday, August 2.

Click here to download letter. Copy & paste the into an email, or print, sign and send by mail, adding anything that you think is relevant.

  • Email it to the NJDEP Commissioner and others involved in overseeing the permit reviews. Email addresses = below.
  • In the Subject line of your email, type: NESE June 2019 Permit applications – Requesting Hearings and more time.
  • Copy & paste these email addresses to use in the “Send” area:

Email to:
Commissioner@dep.nj.gov
Ruth.Foster@dep.nj.gov

Email copy to:
Christopher.Jones@dep.nj.gov
Stephen.Olivera@dep.nj.gov
Joslin.Tamagno@dep.nj.gov

You can also print the letter and add your personal information at the bottom to then snail mail it to the Commissioner McCabe.

PEOPLE OVER POLLUTERS – WE WON FOR NOW

PEOPLE OVER POLLUTERS – WE WON FOR NOW

The concerns of the public were heard, and NJDEP did its job by holding Williams/Transco to the standards of New Jersey’s regulations designed to protect our environment, health and safety.

On June 5, the NJDEP denied all applications for water permits for the NESE Project without prejudice to any future re-application by Williams/Transco.  The NJDEP considered the application documents, extensive public comments, and requirements in their regulations to reach this decision.

Following the May 15 denial without prejudice by the NYSDEC for permits, Williams/Transco re-applied two days later.  

Chris Stockton, spokesperson for Williams, issued the following statement on June 6, 2019 at 12:56 pm:  “We are currently assessing the discrete technical issues raised by the New Jersey Department of Environmental Protection related to our application for water quality certification. We believe that we can be responsive to the issues raised by the agency and intend to resubmit the application to the agency in a timely manner to maintain the customer’s in-service date requirement.”

Those “discrete technical issues” include Williams/Transco’s lack of fully demonstrating: 

  1. a compelling public need for NESE that meets State regulations or, in the alternative, the existence of an extraordinary hardship that warrants granting a permit for the compressor station as detailed in the applications; 
  2. that there is no practicable alternative to the proposed construction of and access to the compressor station that would avoid or minimize impacts to freshwater wetlands and exceptional value resource areas at this site; and 
  3. how construction of the Raritan Bay Loop’s dredging and redistribution of toxic sediment from the floor of the bay would avoid or minimize adverse impacts to surface water quality to ensure compliance with surface water quality standards. 

We’ll wait to see what is in the new application.  

We will continue to act to protect our environment, health, safety and well-being.  Remember what Margaret Mead said: “Never doubt that a small group of thoughtful concerned citizens can change the world.  Indeed it is the only thing that ever has.”

ACTION ALERT: Urge Governor Murphy & NJDEP to Deny Water Permit Applications for Compressor Station 206

2019 is the last phase of the permitting and regulatory process for NESE.

We’ve been at this for a long time, and now is a critical time to have your voices heard where they can make a difference.

THE BALL IS IN GOVERNOR MURPHY’S COURT!

FERC issued their final Environmental Impact Statement on 1/25/19. They claim that any impacts from NESE will be temporary or minor. Though we disagree and have sent comments about our concerns to FERC, we still continue to anticipate that FERC will issue the Certificate of Public Convenience & Necessity since FERC does not seriously consider all that we care about and has only rejected a few pipeline projects (because the company did not have buyers for the gas). The Certificate could be issued as early as the end of February and as late as late April 2019.

Now, it’s up to Governor Murphy and the NJDEP to deny or approve water permit applications. NJDEP can stop the assault on our health, safety and the environment posed by the NESE Project.

Williams/Transco submitted their water permit applications to NJDEP on June 20, 2018. They expect to receive the permits in April 2019, but NJDEP has one calendar year to provide or reject the permit applications.

The proposed Compressor Station 206 and pipeline under Raritan Bay will not be built if Williams/Transco does not get all permits needed from the New Jersey Department of Environmental Protection (NJDEP) & New York Department of Environmental Conservation (NYSDEC).

Please see the new summary of concerns with the NESE Project (PDFs attached) for:

TO DO

Urge Governor Murphy and the NJDEP to look at all aspects of the applications for water permits and hold Williams/Transco to high standards.