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ENB - Region 3 Notices 10/5/2016

Revised
Notice of Complete Application
Notice of Legislative Public Comment Hearing

This following notice originally appeared in the Environmental Notice Bulletin on September 28, 2016 and has been revised to include a new public hearing location. The date and the time of the public hearing are still the same. Please make note of the new public hearing location.

Applicant:

Algonquin Gas Transmission, LLC and Maritimes & Northeast Pipeline, LLC

Project Title:

Atlantic Bridge Project

Permit and Application Numbers:

Application ID: 3-5599-00078/00001 - Freshwater Wetlands
Application ID: 3-5599-00078/00003 - Part 401 Water Quality Certification
Application ID: 3-5599-00078/00002 - Stream Disturbance

Project Description:

Algonquin Gas Transmission, LLC, a subsidiary of Spectra Energy Partners, LP, and Maritimes & Northeast Pipeline, LLC (collectively, the Applicants) filed applications for a Certificate of Public Convenience and Necessity (Certificate) with the Federal Regulatory Commission (FERC) on October 22, 2015 to construct and operate the Atlantic Bridge Project (Project) which involves the expansion of its existing pipeline systems located in New York, Connecticut, Massachusetts and Maine. The Project includes the replacement of approximately 6.3 miles of 26-inch pipeline with 42-inch pipeline in New York and Connecticut; construction of a new compressor station in Massachusetts and modifications to three existing compressor stations in New York and Connecticut to install an additional total of 26,500 horsepower (hp) for the Project; modifications to five existing metering and regulating (M&R) stations and one existing regulator station in New York, Connecticut, Massachusetts and Maine; and construction of one new M&R station in Connecticut

The Project will create 132,705 dekatherms per day (Dth/d) of firm pipeline capacity.

New York State (NYS) Portion of the Project

The NYS portion of the Project consists of 4.0 miles of the replacement of 26-inch diameter pipeline with 42-inch diameter pipeline in the existing ROW, with the exception of two locations in the Town of Yorktown. The first being where new pipelines will be installed under the Taconic State Parkway using the horizontal directional drill (HDD) method and the second being a short segment near Willow Pond where the new pipeline would shift to avoid disturbing the pond thereby minimizing impacts to the pond. At both of these locations, the existing pipeline would be taken out of service.

The project also includes the uprating of an existing compressor unit at the existing Stony Point Compressor Station, from 12,600 hp to 15,900 hp, which only involves a modification to existing software. This proposed uprating does not require any modification to the applicable NYS air permits. Modifications are also proposed to the existing Yorktown Meter and Regulating (M&R) station involving the installation of overpressure protection facilities.

Surface Water/Stream Disturbance

The pipeline portion of the Project will cross 21 surface waterbodies in NYS, including 8 perennial streams, 8 intermittent streams and 5 ephemeral streams. Three (3) of these 21 surface waterbodies are considered "protected streams" as defined 6NYCRR Part 608, Use and Protection of Waters. With the exception of one crossing, all stream crossings will involve dry crossing construction methods and range in width from 1 to 10 feet. The remaining stream runs adjacent to the Taconic Parkway and will be crossed using the HDD method. The HDD length under the Taconic, including the stream, will be approximately 3,500 feet.

Wetland Disturbance
The Project will cross a total of 15 wetlands in NYS, including nine (9) federally-regulated wetlands and six (6) NYS-regulated Freshwater Wetlands (A-34, A-4, A-39, A-2 and ML-10), though three (3) of these wetlands will not be crossed by the proposed replacement pipeline.

Wetland Mitigation
Algonquin has also filed a Wetland Mitigation Plan (Plan) to be implemented during and after construction of the Atlantic Bridge project to avoid and minimize impacts to wetlands and waterbodies. No permanent wetland fill is proposed and the plan involves implementation of an onsite restoration plan to address replanting and the control of invasive plant species.

A separate Notice of Complete Application for the Freshwater Wetlands, Stream Disturbance and Part 401 Water Quality Certifications applications can be viewed at: http://www.dec.ny.gov/enb/20160928_reg3.html.

National Environmental Policy Act (NEPA) Determination

FERC is the lead agency for the environmental review of interstate gas pipelines. FERC staff prepared an Environmental Assessment (EA), dated May 2, 2015, for the Project, proposed by the Applicants, in Docket No. CP16-9-000, in accordance with the requirements of NEPA. The EA can be viewed and downloaded at: http://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20160502-4001

New York State Department of Environmental Conservation (NYS DEC) relies upon the federal review process conducted by FERC pursuant to NEPA and the permit applications submitted by applicants to NYS DEC to ultimately make a determination regarding issuing its authorizations.

National Historic Preservation Act (NHPA)

These applications are being reviewed in accordance with Section 106 of the NHPA. The applications are not subject to the New York State Historic Preservation Act.

NYS DEC Policy 29, Environmental Justice and Permitting (CP-29)

The permit applications for the Project are not subject to review and approval in accordance with NYS DEC Commissioner's Policy 29.

Statutory and Regulatory Provisions

The above referenced applications were filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions, Powers, Duties and Jurisdiction), and Article 70 (Uniform Procedures Act or UPA); and pursuant to Title 6 of Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 621- Uniform Procedures. The relevant regulations are found at: Part 608 (Protection of Waters), Part 663 (Freshwater Wetlands) and Section 401 of the federal Clean Water Act (CWA) (33 USCA 1341).

In addition to these permits being considered under UPA, the project is required to demonstrate the ability to obtain coverage under the State Pollutant Discharge Elimination System Stormwater General Permit for Construction Activities (GP-0-10-001) prior to conducting any construction activities that disturb greater than one acre.

Legislative Hearing

Pursuant to 6 NYCRR 621.8, legislative public hearings for the receipt of public comments on the permit applications will be held on October 19, 2016 at the location listed below. The public hearing will commence at 6:00 p.m. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to notify NYS DEC in advance to speak at the legislative hearing. Equal weight will be afforded to both oral and written statements. Lengthy statements should be in writing and summarized for oral presentation.

The presiding Administrative Law Judge (ALJ) may set reasonable time limits for each speaker to afford everyone an opportunity to be heard. The hearings are fully accessible to persons with a mobility impairment. Interpreter services will be made available to the hearing impaired at no charge upon written request to the NYS DEC contact person named below, no less than one week prior to the hearing.

The Legislative Public Hearings are scheduled as follows:

Date: Wednesday, October 19, 2016
Time: 6:00 p.m.
Location: Yorktown Community and Cultural Center
1974 Commerce Street
Yorktown Heights, NY 10598

Parties may also file written comments to the NYS DEC representative listed below. All written comments must be postmarked or submitted electronically by fax or email no later than October 28, 2016.

Public Hearing and Comment

Written comments submitted to NYS DEC during this comment period and oral comments given at the Legislative Hearing are considered part of the record. At the conclusion of the public comment period NYS DEC will determine pursuant to 6 NYCRR 621.8 whether substantive or significant issues have been raised in the public comments or legislative hearing to warrant an Adjudicatory Hearing, or whether the permits should be issued without any further review. If no issues are raised to warrant further adjudication, NYS DEC will proceed to develop a response to comments, provide public notice of the approval of the permits and issue the requested permits.

Availability of Documents

Filed application documents, and NYS DEC draft permits where applicable, are available for inspection during normal business hours at the address of the contact person listed below. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

Application documents, and NYS DEC draft permits where applicable, are also available for inspection during normal business hours at the public libraries listed below:

John C. Hart Memorial Library
1130 Main Street
Shrub Oak, NY 10588
Somers Public Library
82 Primrose Street
Katonah, NY 10536

In addition, application documents can be viewed on-line at: http://www.spectraenergy.com/Operations/US-Natural-Gas-Operations/New-Projects-US/Atlantic-Bridge/

Contact: Michael T. Higgins, NYS DEC - Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750, Phone: (518) 402-9179, Fax: (518) 402-9168, E-mail: AtlanticBridgeProject@dec.ny.gov.


Public Notice

Fact Sheet

The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application, Draft Remedial Action Work Plan and Final Investigation Report from CRP/CSH Greenburgh, LLC for a site known as the CRP-CSH Greenburgh site, ID #C360151. This site is located in the Town of Greenburgh, within the County of Westchester, and is located at 715 Dobbs Ferry Road. Comments regarding this application must be submitted no later than November 19, 2016. A copy of the application, Draft Remedial Action Work Plan, Final Investigation Report, and other relevant documents are available at the document repository located at the Greenburgh Public Library, 300 Tarrytown Road, Elmsford. Information regarding the site and how to submit comments can be found at http://www.dec.ny.gov/chemical/60058.html or send comments to: Douglas MacNeal, NYSDEC - Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, NY 12233-7014, Phone: (518) 402-9662, E-mail: douglas.macneal@dec.ny.gov.

To have information such as this notice sent right to your email, sign up with county email listservs available at: www.dec.ny.gov/chemical/61092.html.


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