pilgrim pipeline letters

8/20/2019 Pilgrim Pipeline Letters

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4

WYORK

TE OF

ORTUNITY

Thruway

uthority

Canal

Corporation

ANDREW M CUOMO

Governor

JOANNE M M HONEY

Chair

December 21 , 2015

Basil Seggos

Acting Commissioner

NYS Department of Environmental Conservation

625 Broadway

Albany, NY 12233

Dear Acting Commissioner Seggos:

ROBERT L MEGNA

Exec

ut

ive Director

By letter dated November 1

6

2015, the New York State Thruway Authority (Thruway

Authority) reached out to potential involved agencies stating that it was considering lead agency

status pursuant to the New York State Environmental Quality Review Act (SEQR)

in

connection

with the review of an application submitted to the Thruway Authority from Pilgrim Transportation

of New York, Inc. (Pilgrim) to construct, operate and maintain two pipelines from Linden , New

Jersey to Albany, New York (Project).

After ca reful consideration of the responses received from potential invo lved agencies, a

review of Pilgrim s application to use and occupy New Yo

rk

State Thruway (Thruway) right-of

way, and a request from the New York State Department of Environmental Conservation (DEC)

to se rve as co-lead agency, the Thruway Authority, pursuant to this letter, is declaring itself as

co

-lead agency with the DEC for the Project.

Of the 116 miles of the Project s mainline pipeline in New York State, approximately 79

percent

is

along Thruway right of way. This extensive, regional Project, which spans from

Albany County to Rockland County, neces

sa

rily implicates numerous significant impacts relating

to Thruway maintenance and operations, including future use of the Thruway, which the

Authority possesses exc

lu

sive knowledge

of. In

connection with Pilgrim s application, the

Thruway Authority will also need to determine whether the Project is consistent with, and

permissible under, applicable State and federal laws, rules, regulations and policies regulating

highway use. The Thruway Authority has considerable expertise and experience

in

this area

and is the appropriate agency to liaise with all State and federal highway agencies. The

Authority is acutely aware of all anticipated environmental impacts related to the Project that

affect the Thruway.

The preliminary draft environmental impact statement (DEIS) that Pilgrim submitted to

the Thruway Authority with

it

s application indicates there is the potential for significant adverse

environmental impacts associated with the construction and operation of the pipeline,

in

cluding,

but not limited to , impacts to hundreds of acres of forest, regulated water bodies and wetlands.

200 Southern Boulevard P Box 189 Albany NY 12201-0189 I 518) 436 2700 I

www

thruway.ny.gov



The Project as proposed would implicate the DEC 's permitting authority pursuant to the

Environmental Conservation Law and the federal Clean Water Act. The DEC would utilize the

SEQR process to undertake a careful evaluation of the application to ensure that sensitive

resources are not adversely impacted. The Thruway Authority recognizes that the DEC has

significant experience and expertise in managing complex SEQR proceedings, directing the

preparation of comprehensive, regional environmental impact statements (EISs) and managing

input from a multitude of stakeholders and involved agencies.

Based on the common regional jurisdictions

of

both the Thruway Authority and the DEC,

and the categories of

technical expertise needed to review the impacts

of

the Project, the

Thruway Authority and the DEC should

be

co-lead agencies for purposes

of

SEQR. The

Thruway Authority and the DEC will work closely with and coordinate with all involved agencies ,

both State and local, to ensure that all environmental impacts associated with the Project are

assessed in a transparent and comprehensive manner.

cc: Federal Highway Administration (FHWA)

U.S. Army Corps of Engineers (USACE)

U.S. Fish and Wildlife Service (USFWS)

Sincerely,

./

· --.J

i

.r

..V.. •

I

v

v

v v

I

Robert

L

Megna

U.S. Department

of

Treasury - Bureau of Alcohol, Tobacco and Firearms

U.S. Department

of

Transportation (USDOT), Pipeline Haz. Materials Safety Admin. (PHSMA ,

Office

of

Pipeline Safety (OPS)

New Jersey Department

of

Environmental Protection (NJDEP)

New Jersey Department of Transportation (NJ

DOT

)

Pilgrim Transportation of New York, Inc.



NEW

YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Office of the General Counsel

6 5 Broadway, 14th Floor, Albany,

New

York 12233-1500

P:

518) 402-9185 I

F:

518) 402-9018

www.dec.ny.gov

Robert L. Megna

Executive Director

December 21, 2015

NYS Thruway Authority Canal Corporation

200 Southern Boulevard

P

0.

Box 189

Albany, New York 12201-0189

By First Class Mail and e-mail

Re: Pilgrim Transportation Company

o

New York Inc.; lead agency under

SEQR for review o an application from Pilgrim Transportation o New

York Inc. to construct operate and maintain two pipelines from Linden

New Jersey

to

Albanv. New York

Dear Mr. Megna:

The New York State Department

of

Environmental Conservation Department or

DEC) has reviewed your letter dated November 16, 2015, inquiring whether the

Department has any interest

in

being lead agency pursuant

to.

the State Environmental

Quality Review Act SEQR)

in

connection with the review of an application from Pilgrim

Transportation of New York, Inc. Pilgrim) to construct, operate and maintain two

pipelines from Linden, New Jersey to Albany, New York Project). Both the Department

and NYSTA have significant interests and jurisdictional responsibilities over the Project.

For this reason, as elaborated below, NYSTA and the Department should serve as co

lead agencies.

Pilgrim seeks permission from NYSTA to use and occupy approximately 116

miles

of

New York State Thruway Thruway) right-of-way. Significant issues

of

law and

policy are implicated with the proposed application to use and occupy the Thruway.

Whether such use is consistent with, and permissible under, applicable State and

federal laws and policies regulating highway use is an important issue to be resolved in

connection with the Pilgrim application and NYSTA has considerable expertise and

experience

in

this area. NYSTAs considerable expertise

on

this and other issues such

~ R K Oep.artment

of

aRrumr<

Environmental

Conservation



Robert L Megna, Executive Director

Thruway Authority Canal Corporation

December 16, 2015

Page 2

as the safety

of

the travelling public, traffic impacts in general, and future needs

of

the

Thruway

will be critical in evaluating the impacts

of

the Project. NYSTA s expertise in

operating and maintaining the Thruway and the implementation of State and Federal

highway laws and policies will be an essential component of the environmental impact

review of the Project.

At the same time, the S QR process for the Project will be extensive and

complex due to the myriad of issues likely to be raised, the number of involved State

and local agencies, and the demonstrated public interest in the Project. The longitudinal

occupation of the Thruway for 116 miles means that potential adverse environmental

impacts are likely to be experienced over a wide area

of

the State. The Department has

significant experience and expertise in managing complex S QR proceedings, directing

the preparation

of

comprehensive, regional environmental impact statements (EISs) and

managing input from a multitude of stakeholders and involved agencies.

A preliminary review of the application indicates there is the potential for

significant adverse environmental impacts associated with the construction and

operation

of

the pipeline, including, but not limited to, impacts to hundreds

of

acres

of

forest, regulated water bodies and wetlands. The project as proposed would implicate

the Department s permitting authority pursuant to the Environmental Conservation Law

and the federal Clean Water Act. The preliminary draft environmental impact statement

(DEIS)

1

that Pilgrim submitted to the Thruway Authority with its application states, for

example, that there would be 232 crossings of regulated streams over the 116 mile

occupation

of

the Thruway. Crossing methods would need to be carefully evaluated at

each location. Project access in sensitive locations would also have to be appropriately

managed. Best management practices would have to be developed to ensure the

construction and operation

of

the Project is conducted in an appropriate manner. Other

issues vetted during the

S QR

public scoping process will also need to be addressed.

Procedurally, NYSTA and the Department would use Pilgrim s DEIS as an expanded

environmental assessment to commence the full

S QR

process that will include public

scoping.



Robert

L

Megna, Executive Director

Thruway Authority Canal Corporation

December 16, 2015

Page 2

For the foregoing reasons, the Department recommends that the two agencies

share co-lead responsibility or the review o the Project. Please do not hesitate to call

me

i

you have any questions regarding this letter.

m s S. Berkma_n

Acting Deputy Commissioner

and General Counsel

cc: All potentially involved agencies by First Class Mail only)

pilgrim pipeline letters

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