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ENB - Statewide Notices 9/14/2016

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has finalized a Division of Fish and Wildlife program policy for License Issuing Officer (LIO) applications. This policy standardizes the review of applications for LIOs to determine whether an applicant was previously convicted of one or more misdemeanor or felony level criminal offenses, and if the prior conviction(s) should preclude the applicant, who is otherwise qualified, from being appointed as an LIO by NYS DEC. The policy is based on criteria established by regulation for LIOs in Title 6 of the Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 183, which was recently revised by NYS DEC. The review complies with New York Correction Law Article 23-A § 750 et seq.

The policy entitled, "License Issuing Officer Application Review for Applicants Previously Convicted of a Criminal Offense" will become effective 30 days after this publication in the ENB. Full text of the policy can be obtained at: http://www.dec.ny.gov/regulations/28693.html or by contacting: Monica Kreshik, NYS DEC, 625 Broadway, Albany, NY 12233-1500, Phone: (518) 402-8555.

Contact: Monica Kreshik, NYS DEC, 625 Broadway, Albany, NY 12233-1500, Phone: (518) 402-8555.


Notice of Positive Declaration

Pilgrim Pipeline

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act, "SEQR") of the Environmental Conservation Law.

The New York State Department of Environmental Conservation (NYS DEC) and the New York State Thruway Authority (NYSTA) as co-lead agencies, have determined that the proposed action described below may have a significant impact on the environment and that a Draft Environmental Impact Statement (Draft EIS) will be prepared.

Name of Action: Pilgrim Pipeline

Project Sponsor: Pilgrim Transportation of New York, Inc. (a subsidiary of Pilgrim Pipeline Holdings, LLC), hereafter referred to as "Pilgrim"

SEQR Status: Type 1 Action

Description of Action:

The proposed action primarily consists of the construction of 2 new, buried, parallel pipelines (mainline pipelines) between Albany, New York and Linden, New Jersey. One of the mainline pipelines would carry crude oil southbound from Albany and the second parallel mainline pipelines would carry refined petroleum products (gasoline, diesel, heating oil, and kerosene) northbound from Linden.

Pilgrim states that each mainline pipeline would be approximately 169.89 miles long, each having 116.4 miles in New York State. Approximately 79 percent of the mainline pipelines in New York would be installed within the New York State Thruway (NYS Thruway) right-of-way (ROW); 7.5 percent would be co-located with other roads, utilities or railroads; and the remaining 13.5 percent would be newly acquired ROWs. The mainline pipelines would be buried in a single trench, approximately 6 feet deep and 6 feet wide. Each mainline pipeline would be up to 20 inches in diameter and capable of transporting the equivalent of 200,000 barrels of oil per day. In addition to the mainline pipelines, five single pipe product lateral pipelines would be constructed in New York to intermediate delivery points (existing terminals), and four pump stations and 10 meter stations would also be constructed.

In New York State, the proposed action would disturb approximately 1,360 acres (1,250 acres for mainline pipelines, laterals, ancillary stations and temporary pipeyards and approximately 110 acres for access roads), including 296 acres that will be permanently maintained as ROW. The proposed action would cross 257 steams and waterbodies (232 along mainline pipelines and 25 along laterals), including the Hudson River and multiple major and minor tributaries of the Hudson. There are also 296 (9.2 linear miles) crossings of wetlands; including 25 crossings of NYS DEC protected freshwater wetlands (approximately 19 along mainline pipelines and 6 along laterals).

The application submitted by Pilgrim to NYSTA in August 2015 seeks an unprecedented use of a limited access highway ROW to transport crude oil and refined petroleum products in addition to proposing an extensive the longitudinal occupancy of approximately 90 miles of the New York State Thruway.

Location:

The proposed action would be located within Albany, Rensselaer, Greene, Ulster, Orange and Rockland Counties, New York. The mainline pipelines would be located on a linear ROW beginning in Albany, New York and ending in Linden, New Jersey, with lateral pipelines and ancillary structures extending transversely along the route.

Reasons for Supporting This Determination:

The lead agencies have determined that the action is likely to include the potential for at least one significant adverse impact in accordance with 6NYCRR Part 617.7(c), Criteria for Determining Significance. Based upon a preliminary review of the application submitted by Pilgrim, the lead agencies have determined that there is a potential for significant adverse impacts associated with the construction, operation and maintenance of the pipeline, including, but not limited to the following:

  • A substantial and possibly permanent change in the use, or intensity of use of land, for construction and long-term maintenance of the pipeline, including NYSTA property and its capacity to support existing and future uses; agricultural, open space or recreational resources; and direct impacts to recreational resources during construction, such as the crossing of Perrine's Bridge Park and the Harriman State Park;
  • Substantial increase in potential for erosion, flooding, leaching or drainage problems due to the disturbance of more than 1,360 acres of land;
  • Construction, maintenance and operation related impacts to waterbodies associated with the crossing of surface water resources at 257 locations, including two crossings of the Hudson River; traversing the Ramapo River Basin Aquifer Systems Sole Source Aquifer, and the crossing of two New York City public water supply system aqueducts, the Catskill Aqueduct and the Delaware Aqueduct;
  • Ground or surface water quality impacts associated with the potential for contamination of unconfined aquifers and shallow groundwater areas from surface spills of hazardous materials during construction, maintenance and operation;
  • Air quality impacts, including the generation of fugitive dust during construction and emissions from construction equipment;
  • The removal or destruction of large quantities of vegetation or fauna, including approximately 611 acres of forest and 9.2 linear miles of wetlands (80 acres);
  • Potential impacts to seven state listed threatened or endangered animal species and their habitats;
  • Impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources of existing community or neighborhood character, including nine potential Environmental Justice areas, 45 archeological resources, three National Register of Historic Places properties and potential impact to Native American archeological sites belonging to the Delaware Tribe of Indians, Delaware Nation, Stockbridge-Munsee Band, and the St. Regis Mohawk Tribe;
  • Visual impacts related to the clearing of more than 611 acres of forested lands and the installation of aboveground structures, including the four pump stations and 10 meter stations;
  • Direct impacts to coastal resources; including the crossing of approximately 13 miles of state-designated Coastal Areas, three Local Waterfront Revitalization Plan (LWRP) communities, and one Significant Coastal Fish and Wildlife Habitat;
  • The potential for creating a hazard to human health and the environment in the event of a pipeline rupture, including disruptions to a major transportation corridor that could impact the safe transportation goods, services and traveling public, including the patrons of the Thruway System which has an average annual daily usage of over 40,000 vehicles per day between Albany and Harriman, New York;
  • Potential impacts on energy resources from the utilization of more than 2,500 Mwh per year of electricity to power the pump stations;
  • Construction related traffic and noise impacts during the duration of the project which is estimated at 10 months, including the blasting of bedrock;
  • Alteration of the present pattern of movement of goods including crude oil transport through New York State;
  • Potential creation of a material conflict with a community's current plans or goals as officially approved or adopted; including comprehensive plans of the 29 municipalities traversed by the project; and
  • A substantial and possibly permanent change in existing private and utility land use in the vicinity of the Project and its associated facilities.
  • The proposed action has the potential to exacerbate climate change due to emissions of greenhouse gas.

Scoping:

NYS DEC and NYSTA will conduct public scoping on the proposed action. The applicant will prepare a Draft Scoping Document and a separate Notice will be issued once the Draft Scoping Document is available for public review and comment.

A copy of the Positive Declaration and other project related documents is located on the NYS DEC's website at: http://www.dec.ny.gov/permits/105174.html.

For further information, please contact:

New York State Thruway Authority

Elizabeth Novak
NYS Thruway Authority Canal Corporation
200 Southern Boulevard
P 0. Box 189
Albany, New York 12201-0189
pilgrimpipeline@thruway.ny.gov

New York State Department of Environmental Conservation

Karen Gaidasz
NYS DEC - Division of Environmental Permits
625 Broadway
Albany, NY 12233-1750
pilgrimpipeline@dec.ny.gov


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