Williams-Cabot respond to scoping hearings Constitution Pipeline

Constitution Pipeline Company, LLC 2800 Post Oak Boulevard (77056) P.O. Box 1396 Houston, Texas 77251-1396 713/215-2000 October 24, 2012 Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Attention: Kimberly D. Bose, Secretary Reference: Constitution Pipeline Company, LLC Docket No. PF12-9 Responses to Scoping Comments Dear Ms. Bose: The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Intent (“NOI”) to

prepare an Environmental Impact Statement (“EIS”) for the Constitution Pipeline Project

(“Project”) on September 7, 2012. In addition to accepting written comments, FERC conducted

formal public scoping meetings on September 24, 25 and 26, 2012. The following table

identifies the scoping issues related to the National Environmental Policy Act (“NEPA”) raised

to date and provides Constitution Pipeline Company, LLC’s (“Constitution”) response.

Constitution’s responses address comments submitted and uploaded on the FERC eLibrary

through October 9, 2012.

An additional scoping meeting is scheduled for October 24, 2012 and the scoping period has

been extended to November 9, 2012. Constitution will work with FERC staff to ensure that

issues raised during this extended scoping period are addressed throughout the remainder of the

NEPA process.

Kimberly D. Bose, Secretary Federal Energy Regulatory Commission October 24, 2012 Page 2 Any technical questions regarding this filing should be directed to Roberta Zwier at (973) 839-

2410 or [email protected].

Sincerely, CONSTITUTION PIPELINE COMPANY, LLC By Williams Gas Pipeline Company, LLC, Its Operator

Tim Powell Manager, Natural Resources cc: Charles T. Brown, Environmental Project Manager, Division of Gas – Environment and

Engineering

Response to Scoping Issues Raised During the September 7, 2012 to October 9, 2012 FERC Scoping Period Constitution Pipeline FERC Docket PF12-9 The Federal Energy Regulatory Commission (“FERC”) issued a Notice of Intent (“NOI”) to prepare an Environmental Impact Statement (“EIS”) for the Constitution Pipeline Project (“Project”) on September 7, 2012. In addition to accepting written comments, FERC conducted formal public scoping meetings on September 24, 25 and 26, 2012. The following table identifies the scoping issues related to the National Environmental Policy Act (“NEPA”) raised to date and provides Constitution Pipeline Company, LLC’s (“Constitution”) response. Constitution’s responses address comments submitted and uploaded on the FERC eLibrary through October 9, 2012. An additional scoping meeting is scheduled for October 24, 2012 and the scoping period has been extended to November 9, 2012. Constitution will work with FERC staff to ensure that issues raised during this extended scoping period are addressed throughout the remainder of the NEPA process. The responses to scoping comments included herein have been grouped based upon the FERC Resource Report in which the topic in of the comments will be addressed. The resource reports are:

Resource Report 1, General Project Description Resource Report 2, Water Use and Quality Resource Report 3, Fish, Wildlife and Vegetation Resource Report 4, Cultural Resources Resource Report 5, Socioeconomics Resource Report 6, Geological Resources Resource Report 7, Soils Resource Report 8, Land Use, Recreation and Aesthetics Resource Report 9, Air and Noise Quality Resource Report 10, Alternatives Resource Report 11, Reliability and Safety

Issue Summary of Comments Response

Resource Report 1, General Project DescriptionNon-jurisdictional facilities

Central Compressor Station should be included as a project facility.

The Central Compressor Station facility is being built by the Williams Field Service Company, LLC, and consists of a midstream natural gas gathering facility that is not subject to the jurisdiction of the FERC based on the nature of the proposed facility. The Central Compressor Station is already under construction and is being built to serve the needs of the Williams Field Services’ Springville Pipeline gathering system that ties into the existing Transcontinental Gas Pipe Line, LLC Leidy system. Because of this, the Central Compressor Station will be constructed regardless of whether or not the Constitution pipeline is built. Resource Report 1 of the Environmental Report (“ER”) will include a more detailed

Response to Scoping Issues Raised During the September 7, 2012 to October 9, 2012 FERC Scoping Period Constitution Pipeline – FERC Docket PF12-9 October 24, 2012 Page 2


discussion of this and other non-jurisdictional facilities associated with the Project. Purpose and need Questions regarding validity of market-

based need: requesting expanded Project

purpose and need discussion to include assessment of existing pipeline capacity and current subscription

FERC role in regulating and stabilizing natural gas market

Potential for over-supply relative to U.S. demand.

The Constitution pipeline is supported by customer demand at existing downstream delivery markets serviced by the Iroquois Gas Transmission System (“Iroquois”) and Tennessee Gas Pipeline Company (“Tennessee”). The Constitution pipeline is designed to meet its customers’ contractual commitments and is not designed to provide natural gas to any specific end user or market other than those currently identified. Constitution conducted an open season for the Project from February 21 through March 12, 2012, and based on the executed long-term, binding agreements with two shippers, consistent with Commission policy, Constitution will comply with the need outlined in our binding precedent agreements to the shippers and considers any comment outside of these agreements as speculative. Constitution will provide further detail about the purpose and need for the Project in Resource Report 1 of the ER.

Privileged and Confidential Information

Why is landowner information privileged and confidential?

FERC regulations, 18 C.F.R. § 388.112(e) (2009) release documents pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (2006), amended by OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524. However, the landowner list is partly protected by 5 U.S.C. § 552(b)(6) (FOIA Exemption 6) which protects from disclosure personnel and medical files and similar files that would constitute a clearly unwarranted invasion of privacy. Constitution asserts that the release of landowner names and addresses would infringe on privacy rights.

Gas well development using hydraulic fracturing

Concerns that pipeline will allow for increased well development involving hydraulic fracturing method; concerns that pipeline will allow for additional installation and associated impacts for gathering and well interconnect pipelines; future of well development using hydraulic fracturing method in New York State.

Natural gas well development using the hydraulic fracturing method is currently prohibited in New York and is independent of the Constitution Project in Pennsylvania. Additionally, there are other existing natural gas transmission pipelines that are currently, and will continue, to be used to ship gas volumes generated in the Marcellus Shale production area. As proposed, the Constitution pipeline capacity is fully subscribed, with binding agreements executed with two shippers to supply the full capacity of 650,000 dekatherms/day (“Dth/day”).

Cumulative impact assessment

Requests for a cumulative impact assessment for the Project to include impacts associated with gas well development using hydraulic fracturing method within the Marcellus Shale geological formation, other natural gas transmission projects, regional wind farms, etc.

Within Resource Report 1 of the ER, Constitution will include a detailed discussion of potential cumulative impacts associated with the Project when combined with other past, present, and reasonably foreseeable projects occurring within the vicinity of the Project.

County and municipal ordinance

Request that Project be required to comply with county and/or municipal planning and zoning ordinances/regulations, and

Constitution has conducted significant outreach on the county and municipal levels to identify potential concerns and will continue to work with these parties to address those concerns through the pre-filing process. Constitution is encouraged by FERC to cooperate with local



enforcement comprehensive master plans. jurisdictions. Constitution notes the federal oversight of the Project by FERC. FERC has exclusive regulatory jurisdiction over Constitution with respect to the siting of pipeline facilities under the Natural Gas Act and the Pipeline Safety Act. Additional information regarding regulatory approvals and clearances will be provided within Resource Report 1 of the ER.

Compression Will additional compression facilities be required in the future along the pipeline (other pipeline facilities seem to require compression facilities every 20-40 miles)?

To meet the current volume and pressure requirements associated with the Project, one compressor station is required at the terminus of the proposed pipeline in Schoharie County, NY. At this time, Constitution does not have plans to install additional compressor stations along the proposed alignment. Additional information regarding Constitution’s Compressor Station plans will be provided within Resource Report 1 of the ER.

Liquid Natural Gas (“LNG”) Export

Comments identified concerns that the natural gas to be carried through the pipeline will, in turn, be liquefied and exported from the United States to foreign countries.

In its August 13, 2012, submittal to FERC, Constitution confirmed that it is not proposing to provide natural gas transportation service to LNG export facilities through its proposed interstate natural gas pipeline. Constitution will provide natural gas transportation service from Susquehanna County, Pennsylvania, to Iroquois and Tennessee in Schoharie County, New York, in accordance with Constitution’s FERC Gas Tariff. As of this date, there are no existing or proposed LNG export facilities located downstream of the pipelines to which Constitution will connect. Any future LNG export facility would be proposed in its own LNG export facility proceeding before FERC and other applicable regulatory authorities. A proposal for such facility would not be and is not part of Constitution’s current FERC proceeding.

Resource Report 2, Water Use and Quality Groundwater/ Surface Water

General comments regarding the effects the proposed Project will have on water quality.

The Project is not expected to negatively impact water quality or supply during or after construction. Constitution proposes to implement construction practices to minimize potential impacts on groundwater during construction, which will be detailed in Constitution’s Environmental Construction Plan (“ECP”) to be submitted as part of the ER for the Project. Additionally, Best Management Practices (“BMPs”) for erosion and sediment control, as well as equipment refueling and management of incidental use of hazardous materials, will be implemented during construction activities to prevent impacts on water quality. Qualified, full-time Environmental Inspectors (“EI”) will oversee construction activities to ensure compliance with required environmental mitigation measures. Constitution conducts in-house, project-specific EI training to ensure that the EIs will be able to carry out their duties in compliance with the ECP requirements and with requirements of applicable federal, state and local environmental permits and approvals and environmental requirements in landowner easement agreements. Inspection teams will be overseen by a Lead EI, and construction oversight also will be performed by FERC third-party monitors. This oversight will serve to protect water quality during construction of the Project. Additional information pertaining to water quality concerns associated with the Project will be provided within Resource Report 2



of the ER. Post-construction water quality will be equivalent to pre-construction water quality. The fisheries and aquatic resources present are not anticipated to experience deleterious effects due to the temporary disturbance associated with the construction of the Project. Stringent construction and restoration practices, along with implementation of the BMPs and presence of EIs and FERC third-party monitors, will ensure protection and integrity of existing resources. Information on water quality and fisheries will be included in Resource Report 2 and Resource Report 3of the ER.

Groundwater

Requests to conduct studies, collect, and present data on the impact of the proposed Project on aquifers, underground streams, and springs.

Constitution is currently in the process of studying and analyzing the existing groundwater conditions within the Project area. Information on aquifers, groundwater, and springs as well as potential Project-related impacts and impact avoidance, minimization, and mitigation measures will be included in Resource Report 2 of the ER.

Questions regarding the impacts the Project will have on subsurface water flows, and several examples of specific locations where subsurface flows are known to be present.

Constitution is currently in the process of identifying areas with subsurface water flows. Constitution will implement specialized construction techniques within these areas, such as the installation of permanent trench plugs where needed to maintain existing groundwater flow patterns subsequent to construction. Additional information regarding groundwater resources will be provided within Resource Report 2 of the ER and details regarding specialized construction techniques to protect groundwater resources will be provided within the Project ECP.

General questions and comments regarding safety of aquifers, water contamination, and impacts on aquifers from the proposed Project.

Potential impacts to groundwater resources will be avoided or minimized through proper implementation of BMPs and other protective measures that will be detailed in Constitution’s ECP, Spill Prevention, Control and Countermeasure Plan (“SPCC Plan”), Blasting Plan, and Horizontal Directional Drill Contingency Plan (“HDD Plan”). These documents will be included as appendices within the ER for the Project. In addition, the Project will be reviewed by the U.S. Environmental Protection Agency (“USEPA”) as well as the Pennsylvania Department of Environmental Protection (“PADEP”) Office of Safe Drinking Water and New York Department of Health with respect to aquifers and groundwater resources in general. Responses to scoping comments received on public and private drinking water supplies are provided below.

Concerns regarding diversion of groundwater that supply ponds and surface waters.

Constitution does not anticipate any diversion of existing groundwater that may supply ponds or other surface waters. As discussed above, construction BMPs such as the installation of permanent trench plugs, will be implemented in areas with shallow depth to groundwater to ensure that pre-construction groundwater flow patterns are maintained.

Questions on how Constitution will comply with New York State Department of Environmental Conservation (“NYSDEC”) state laws to protect underground streams.

Constitution will apply for required state permits pertaining to surface and groundwater resources including Section 401 Water Quality Certificates in New York and Pennsylvania. A table of anticipated approvals and clearances required for the Project will be provided in Resource Report 1 of the ER.



Public Drinking Water

Letters identifying the presence of the Land Use Law, Schedule B, Barton Hill Natural Resource Overlay, legally protecting the public drinking water supply of the Village of Schoharie. Water quality and quantity impacts noted as a concern.

Constitution has been in consultation with the both the Village and Town of Schoharie and the New York State Department of Public Health regarding the Village of Schoharie public water supply, specifically the resources located in the Barton Hill Natural Resource Overlay Zone. Constitution received the Town of Schoharie zoning maps and has digitized this mapping for analysis. Information on location of the proposed workspace in relation to the mapped resources, potential impacts, required or proposed mitigation measures, and regulatory compliance will be included in Resource Report 2 of the ER.

Identification of the US EPA-Designated Clinton Street Ballpark Sole Source Aquifer. The Clinton Street Ballpark Sole Source Aquifer encompasses the entire Susquehanna River Basin Portion of Broome County.

The proposed route crosses the Clinton Street Ballpark Sole Source Aquifer. Constitution has initiated consultation with USEPA to identify any potential concerns related to the aquifer. Proper implementation of the measures that will be detailed in Constitution’s ECP, SPCC Plan, Blasting Plan, and HDD Plan are expected to preclude impacts on groundwater quality and quantity. These documents will be included as appendices in the ER.

Identification of the recharge area and natural springs that are the source of the Village of Afton municipal Public Water Supply (regulated by Chenango County).

Information regarding the proximity of the Project to the Village of Afton municipal public water supply has been provided to Constitution through consultation. To ensure protection of the water supply, Constitution has developed a route deviation that shifts the pipeline alignment away from and downgradient to the identified springs. Resource Report 2 of the ER will provide additional information on the Village of Afton public water supply; Resource Report 10 will provide information regarding route deviations.

Identification of the presence of the Cobleskill Reservoir and concerns of impacts on the reservoir from construction of the Project.

Information regarding the proximity of the Project to the Cobleskill Reservoir has been provided to Constitution through consultation and meetings with County and State agencies. To ensure protection of the water supply, Constitution has incorporated a route deviation that shifts the pipeline alignment away from the reservoir. Resource Report 2 of the ER will provide additional information on the Cobleskill Reservoir public surface water supply. Resource Report 10 will provide information regarding route deviations.

Concerns that while the New York City Watershed has been protected from Project impacts, other equally important drinking water supplies will be impacted instead.

An alternative route through the New York City Watershed was evaluated and determined to be infeasible for a variety of reasons. Resource Report 10 of the ER will provide additional information on this alternative. In addition Constitution has consulted with local, state, and federal agencies to identify public and private drinking water supplies that may be present within the project area. Constitution has developed several route deviations, including those addressed above, to ensure protection of the public drinking water supplies. Additionally, Constitution has requested information from individual landowners regarding the presence and location of private water supply wells on properties traversed by the Project. Information on the location of private and public water supplies will be used to insure that protective measures, such as restrictions on refueling or storage of equipment or petroleum products does not occur within close proximity to a drinking water supply. These measures will be outlined in Resource Report 2, Water Quality and within Constitutions Plan and procedures for the Project.



Water Availability

Concerns regarding drought conditions and that water use for the Constitution Project will further reduce water availability.

Water use on the Project is anticipated to be minimal and associated with potential horizontal direction drills and the hydrostatic testing of the pipeline. Constitution will apply for and comply with applicable permits and regulations for water withdrawals, including those governed by the Susquehanna and Delaware River Basin Commissions, which include pass-by flow restrictions on withdrawals during periods of drought and low-flow. Resource Report 2 of the ER will provide additional information regarding the anticipated water use during the Project.

Private Drinking Water

Several questions and comments regarding impacts on private wells, concerns that construction of the Project will either contaminate or diminish private water wells and springs. Questions regarding how private water wells will be monitored prior to and after blasting. Questions on what will happen if a well is negatively impacted by blasting. Questions on how blasting would affect the flow rate per minute of wells and how blasting would affect the quality of well water.

Constitution will prepare an inventory of wells within a minimum of 150 feet of the Project workspace and will conduct pre- and post-construction well monitoring and testing (quality and yield). In the unlikely event that construction of the Project temporarily impacts private or public well quality or yield, Constitution will provide alternative water sources or other compensation to the well owner(s). If it is determined that permanent impacts have occurred to a well due to the construction of the Project, Constitution will replace the well or provide an alternate water source. Constitution will implement its BMPs during construction and restoration to mitigate potential impacts associated with installation of the Project. These BMPs will be detailed in Constitution’s ECP contained in the ER. Additionally, to ensure compliance with Constitution’s BMPs proposed for the Project, EIs will be employed during construction to oversee and ensure that Constitution’s BMPs are implemented and that the Project complies with applicable regulatory permit and approval conditions. BMPs applicable to construction activities near private (and public) drinking water supplies may include:

Prior to construction, the ROW inspector or agent shall identify and prepare a written inventory of water wells within 150 feet of the construction work area. The ROW inspector or agent will also notify the authorities of all potable water supply intakes located within three miles downstream of any crossings a minimum of one week prior to construction.

The control of erosion and sedimentation through installation of erosion and sedimentation control devices (e.g., silt fence) within and at the limits of the Project workspace.

Prohibitions on storage and transfer (i.e., refueling) of hazardous materials (i.e., gasoline, fuel oil, hydraulic oils, etc.) within 100 feet of any known potable water wells.

Revegetation of the temporarily impacted area during restoration activities. Permanently stabilizing disturbed areas as soon as possible after backfilling. Inspecting the ROW during and after construction, and repairing erosion control or

restoration features until permanent revegetation is successful.



Requests for detailed mapping of depth and flow of all springs and wells and properties along all proposed pipeline routes.

Springs and wells within a minimum of 150 feet to the Project workspace will be inventoried prior to construction. As noted above, Constitution will conduct pre- and post-construction well monitoring and testing (quality and yield) for private water supplies located within a minimum of 150 feet of the construction work area. Where present, wells will be identified on Project alignment sheets and in residential construction plans to be submitted with the ER and/or in subsequent filings to FERC as they are identified.

Surface Waters

Requests for information on what water sources will be used for the Project including, but not limited to, local streams, ponds, rivers, lakes, and aquifers.

Information on potential water supply sources and withdrawal volumes for the proposed Project will be included in Resource Report 2 of the ER. Constitution will apply for and comply with applicable permits and regulations for water withdrawals, including those governed by the Susquehanna and Delaware River Basin Commissions. Additionally, groundwater withdrawals associated with construction activities, including trench dewatering activities, will comply with applicable state and federal regulations and permits.

Requests to conduct studies, collect, and present data on the impact of the proposed Project on surface waters.

Wetland and waterbody delineation surveys were initiated in 2012 and will continue in 2013. The surveys comply with the wetland delineation methodologies outlined in the Army Corps of Engineers (“USACE”) Wetlands Delineation Manual (Environmental Laboratory 1987), and in the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: North Central and Northeast Region. Information collected during surveys will be included in Wetland Delineation Reports to be submitted with the ER and state permit applications. Wetland Delineation Reports will include a list of Project area waterbodies and information on type, class, stream attributes, and crossing length. Field data forms and photographs also will be included in Wetland Delineation Reports. Resource Report 2 of the ER also will identify waterbodies and their associated fishery type, water quality classification, and crossing length. Potential impacts on Project area surface waters and minimization/mitigation of impacts will be discussed in Resource Report 2 and Constitution’s ECP, to be submitted with the ER. Information on fisheries associated with surface waters will be included in Resource Report 3 of the ER.

Questions regarding boring and/or Horizontal Directional Drilling (“HDD”) under streams and the stability of soils in areas where these construction techniques may be used. Risks to surface waters from contamination resulting from Horizontal Directional Drilling.

Constitution is evaluating the potential to use conventional bore or HDD technology at several locations. Feasibility for the use of HDD technology for installation of the pipeline is being evaluated on a site-by-site basis and will be determined through evaluation of environmental sensitivities, workspace constraints, geotechnical studies, substrate composition, and hydrological data. If an HDD is determined to have a high likelihood of success and is found to be the preferred methodology for pipeline installation in a particular location, Constitution will prepare a site-specific HDD plan and profile drawing. Constitution will also develop and implement a contingency plan in the event of an unanticipated release of drilling fluid. The plan and profile documents and the HDD Contingency Plan will be included in the ER. HDD activities will be conducted in compliance with applicable state and federal regulatory approvals. Additional information on HDD activities will be provided in Resource Report 2 of the ER.



Flooding

Questions and concerns regarding soils in the Schoharie Valley and susceptibility to flooding. Requests for information on measures that will be implemented to keep floodwaters from following the pipeline and eroding places not normally prone to erosion or scouring. Concern that removal of vegetation, particularly forested areas, will lead to increased flooding.

Constitution will apply for and obtain required regulatory permits and approvals related to land use regulations prior to any construction of the proposed facilities. Constitution will adhere to required permit conditions during construction and restoration activities. At a minimum, Constitution will implement its BMPs for construction and restoration as outlined in its ECP developed for the Project, which are intended to avoid, minimize, and/or mitigate impacts to the Project area during rain events. BMPs applicable to construction activities in floodplains include the control of erosion and sedimentation through installation of erosion and sedimentation controls within and at the limits of the Project workspace, BMPs will be designed in accordance with New York and Pennsylvania standards for erosion and sediment control, including specifications for flooding frequency and volume. Temporary slope breakers and sediment barriers will be installed during construction, and permanent BMPs will include the installation of permanent trench and slope breakers. Placement of permanent BMPs will be in compliance with the FERC Plan, or state erosion and sediment control specifications where state specifications are more protective. Additional details on wetland and surface waterbody resources are contained in Resource Report 2 of the ER. The amount of vegetation cleared during construction will be limited to the removal of the minimum amount necessary for safe construction. Constitution will restore and re-vegetate temporary workspace areas to minimize or avoid permanent impacts to vegetated areas. Restoration and revegetation will comply with state and federal regulations and monitoring requirements. Detailed information on restoration and monitoring of vegetated areas will be included in Constitution’s ECP to be filed with the ER.

Concern that increased flooding resulting from the Project will impact septic systems.

Construction of the pipeline will not result in increased flooding. Constitution will contact affected landowners regarding the presence of private septic systems and will make a reasonable effort to avoid identified systems during construction. Should damage occur to a sewage/septic system due to the construction of the Project, Constitution will repair it to its former capacity or replace it in accordance with state and local requirements.

Wetlands

Questions on how wet habitats will be safely protected or restored. General comments on Project impacts on wetlands.

Wetland delineation surveys were initiated in 2012 and will continue in 2013. The surveys comply with the wetland delineation methodologies outlined in the Army Corps of Engineers (“USACE”) Wetlands Delineation Manual (Environmental Laboratory 1987), and in the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: North central and Northeast Region. Constitution is working to design the Project to minimize impacts to wetlands, waterbodies, and other sensitive environmental areas and to reduce clearing activities. Constitution will implement its BMPs during construction and restoration to mitigate potential impacts associated with installation of the Project. These BMPs will be detailed in Constitution’s ECP contained in the ER. To ensure compliance with Constitution’s BMPs proposed for the



Project, EIs will be employed during construction to oversee and ensure that Constitution’s BMPs are implemented and that the Project complies with applicable regulatory permit and approval conditions. BMPs applicable to construction activities in wetlands may include:

The control of erosion and sedimentation through installation of erosion and sedimentation control devices (e.g., silt fence) within and at the limits of the Project workspace.

Segregating topsoil over the trench and subsoil storage area to preserve the existing seedbank and prevent compaction.

The use of weight-distributing equipment mats to prevent rutting, compaction, and mixing of topsoils and subsoils.

Prohibitions on storage and transfer (i.e., refueling) of hazardous materials (i.e., gasoline, fuel oil, hydraulic oils, etc.) within 100 feet of wetlands and surface waterbodies.

Restoration of wetland areas to pre-construction grades and contours to the greatest extent practical. Revegetation of the temporarily impacted area during restoration activities.

Expediting construction in and around wetlands and limiting the amount of equipment and mainline construction activities within wetlands to reduce disturbances of wetland soils.

Permanently stabilizing upland areas near wetlands as soon as possible after backfilling.

Inspecting the ROW periodically during and after construction, and repairing erosion control or restoration features until permanent revegetation is successful.

Additional details on wetland and surface waterbody resources, including the proposed BMPs will be included in Resource Report 2, the ECP, and the SPCC Plan in the ER.

Concerns regarding potential negative impacts on connected wetlands from interception of groundwater.

Constitution will implement BMPs such as permanent trench plugs that are specifically designed to ensure that hydrologic patterns are maintained during and post-construction. These measures are developed in accordance with NYSDEC and Pennsylvania Department of Environmental Protection (“PADEP”) guidelines and are incorporated into the ECP. As part of the federal and state permitting processes for Project-related work within wetlands, the US. Army Corps of Engineers, PADEP, and NYSDEC will review Constitution’s proposed construction and restoration methodologies to ensure protection of the wetland resource areas and associated hydrology. Additional information will be provided in Resource Report 2 and the ECP.



Fisheries

General concerns for Project area fisheries resources.

Surveys of the streams and waterbodies that will require crossing as part of the Project currently are underway. The streams within the Project area vary in size and flow status and contain a mix of warm, cool, and coldwater fisheries. Project area waterbodies containing fishery resources will be described in Resource Report 2 and Resource Report 3 of the ER. Consultations have been initiated with Pennsylvania Fish and Boat Commission and NYSDEC to obtain and confirm fisheries classifications, timing restrictions for construction and information on sensitive fisheries. Constitution understands the sensitive nature of the watercourses that will be crossed by the Project. Retaining the ecological integrity of these areas will be a high priority during construction of the Project. Construction techniques for water crossings will be included in Resource Report 2 of the ER. Constitution’s ECP developed for the Project will detail the procedures for the stream crossing methodologies proposed for implementation during construction. The ECP also will detail mitigation and restoration methods for waterbody crossings, and will include provisions for an EI to be on-site during wetland and waterbody crossings to ensure compliance and implementation with the BMPs outlined in the ECP. Constitution’s ECP establishes specific expedited timeframe requirements for conducting stream crossings and performing initial restoration of disturbed streambeds and banks. Restoration of impacted streams and stream banks will begin immediately after the pipeline is installed using methods that will be described in the ECP. Parent material will be stockpiled for reuse where practical to restore habitat where practical after the pipeline is installed. Gravel will be used as backfill material in streams containing cold water fisheries, which will act as suitable spawning habitat for any wild trout in the stream or river. Clean, native material will be used from stockpiled sources or will be purchased from a reliable local source. The stream banks will be re-graded to pre-construction condition and stabilized using erosion control fabric and/or rip rap (if necessary) and planted with native seed mixes. To protect the aquatic resources within the streams and waterbodies along the Project, Constitution has commenced consultation with state agencies to develop timing restrictions relative to construction and other in-stream activities. Timing restrictions are set to dictate when construction can occur in a given waterbody to minimize or eliminate impacts associated with the fishery and/or water quality classification. Timing restrictions for streams along the Project will be included in Resource Report 2 of the ER. These restrictions exist for water quality and fishery classifications for both New York and Pennsylvania. Timing restrictions will ensure the protection of fisheries and aquatic resources at critical time periods for the species present. If necessary, construction will only occur outside of regulatory time windows if expressly permitted in writing on a site-specific basis, by the applicable state



regulatory agency. Granting of such permission would demonstrate that the regulatory agency has determined that activities conducted outside of the construction window will not adversely impact fisheries resources.

Concerns regarding private stocked fish ponds and impacts on water supply sources for stocked ponds.

Constitution will work with individual affected landowners to identify and address concerns associated with private stocked fish ponds.

Requests for studies on fish, including indigenous, endangered, and declining species, with particular attention placed on both biotic and abiotic requirements for survival.

Information on fisheries resources present in the Project area will be included in Resource Reports 2 and 3 of the ER. Constitution has initiated consultation with federal and state wildlife and fishery agencies to identify fisheries resources, including endangered and declining species. Information regarding the status of agency consultations and identified sensitive resources will be included in the filing of the ER.

Stormwater/ Erosion

Concern that erosion and sedimentation caused by the Project would impact streams, ponds, and vernal pools. Concern that removal of vegetation associated with the Project will result in sedimentation to waterbodies.

Erosion and sedimentation control devices will be installed throughout the Project’s workspace locations in accordance with Constitution’s ECP and federal and state requirements. EIs will be on-site during wetland and waterbody crossings to ensure that erosion and sediment controls and other BMPs are implemented and are working and maintained. Erosion and sediment controls will be installed immediately upon soil disturbance and will not be removed until 80% vegetative cover is restored. The ECP will describe the basic environmental construction techniques that Constitution and its contractors will implement during and following construction and during maintenance activities to protect the environment and to minimize potential effects of the pipeline construction and maintenance. More information regarding the techniques to minimize erosion of soils and sedimentation of waterbodies will be provided in Resource Reports 2 and 7 of the ER.

Risk of petroleum spills or leaks during construction

Concerns regarding the risk of petroleum spills and leaks from construction equipment into area surface and/or groundwaters.

Constitution’s SPCC Plan will be implemented during construction to prevent and mitigate the release of any hazardous materials, including gasoline, fuel oil, and hydraulic fluid. Constitution’s SPCC Plan will include prevention measures to be followed during construction to minimize the risk of spills and leaks, as well as response measures in the event that a spill or leak does occur. Contact information and reporting procedures for leaks and/or spills will also be outlined in the SPCC Plan. Additional information regarding Constitution’s response plans in case of a leak will be provided in Resource Report 11 of the ER.

Resource Report 3, Fish, Wildlife , and Vegetation Migratory Birds Requesting comprehensive studies.

Particular attention paid to the declining species of warblers, wood thrushes, buteos, falcons, accipiters, hawks, owls, and eagles and their habitats, feeding, breeding, and

Compliance with the Migratory Bird Treaty Act (“MBTA”) is managed by the U.S. Fish and Wildlife Service (“USFWS”). Consultation with the USFWS, Region 5, State College, Pennsylvania, and Cortland, New York, offices was initiated in April 2012 and is ongoing. Consultations with these agencies addresses the identification federal and state listed species potentially occurring in the Project area and MBTA compliance. An analysis of potential



nesting cycles Destruction of native grasses established for bird habitat. New edge habitat, fragmentation reduces biodiversity and forest dependent bird species. One of the largest Eastern flyway for migratory raptors, 15 different species observed. Request detailed wildlife surveys. Impacts to local and migratory birds that utilize surrounding habitat for breeding and nesting. Nationally recognized Franklin Mountain Hawk watch and impact to yearly hawk count.

impacts to migratory birds, bird habitats, potential fragmentation effects, and flyway areas will be included in Resource Report 3 and supporting documents in the ER. These analyses will incorporate field survey data, as appropriate. Constitution is aware of the location of the Franklin Mountain Hawk Watch area. If the Project alignment crosses this area, Constitution will work with individual landowners, and/or agencies responsible for management of the property to fully assess all practicable alternatives, compensation, and/or mitigation measures. Based on the results of agency consultations, Constitution will implement appropriate mitigation and revegetation measures to minimize the effects of construction activities on migratory birds and raptors and/or their habitats. Constitution will limit the amount of tree clearing and restore temporary construction areas with vegetation as appropriate for the area and as approved in our ECP through consultation with local resource agencies. Additionally, Constitution, has routed the pipeline utilizing existing ROWs to the extent practical to minimize impacts to wildlife and wildlife habitat. Mitigation measures will be detailed in Resource Report 3 and the Project ECP to be submitted with the ER.

Rare Species Request a comprehensive survey on endangered species and their ecosystems and habitat needs. Concerns regarding several listed species ground pine, bald eagle.

Compliance with federal and state rare species protection laws and the Bald and Golden Eagle Protection Act are managed by the USFWS, NOAA Fisheries, Pennsylvania Department of Conservation and Natural Resources, Pennsylvania Fish and Boat Commission, Pennsylvania Game Commission, and the NYSDEC. Consultation and coordination with these regulatory agencies was initiated in April 2012 and is ongoing. Based on the results of these consultations, comprehensive surveys for threatened, endangered and other protected species identified as potentially occurring along the project route have been incorporated into the biological field surveys.. These surveys were initiated in Summer 2012. Information regarding potential impacts to endangered species and/or their habitat and the results of species specific field surveys will be included within Resource Report 3 of the ER.

General Wildlife Request a comprehensive survey with habitat, population status, migration patterns, wildlife travel routes, impacts on food sources and breeding areas. Concerns over impacts to beaver, deer, bear, bird and bat populations and overall wildlife and habitat. Wildlife land management plans are in place on some parcels and concern over impacts to these efforts. Impacts to Howe Cave and bat species living there that are already impacted by white-nose

Compliance with federal and state rare species protection laws and regulations are managed by the USFWS, NOAA Fisheries, Pennsylvania Department of Conservation and Natural Resources, Pennsylvania Fish and Boat Commission, Pennsylvania Game Commission, and the NYSDEC. Consultation and coordination with these regulatory agencies was initiated in April 2012 and is ongoing. Comprehensive biological surveys were initiated in the Project area in Summer 2012. Results of these field surveys as well as concerns relating to potential impacts to wildlife will be incorporated into Resource Report 3 of the ER. Additional project planning information relative to pre-existing, landowner-specific wildlife



syndrome. Identification of Indiana bat habitat and breeding cycles. Concerns over vibration decibels emitted from the pipeline that could impact wildlife (rattlesnake).

land management plans may be found in Resource Report 8 and supporting documents of the ER, as applicable. Constitution is consulting with the US Fish and Wildlife Service, the Pennsylvania Game Commission, the Pennsylvania Fish and Boat Commission, the Pennsylvania Department of Conservation and Natural Resources, the NYS Natural Heritage Program, and the NYS Department of Environmental Conservation regarding potential effects to federal and state-listed animal species particularly the Indiana Bat. Species specific surveys for Indiana Bat have been completed in Pennsylvania, where the USFWS suggested the species may exist. Through consultation with the USFWS New York field office, they have stated that surveys were not necessary for the Primary Route due to the absence of the species at an elevation above known occurrences. Of the five counties potentially crossed by the Constitution Pipeline, only Schoharie County is listed by the USFWS as having potential occurrences. The USFWS states on its website that “While Indiana bats were known to winter in Albany County, we now believe they are likely extirpated or in such small numbers that it is unlikely that they would be present and impacted by any specific proposed projects in [ ] Schoharie County.” Additional information regarding these surveys and consultation with the USFWS will be provided in Resource Report 3 of the ER. Additional noise information (including potential vibration generation) will be provided in Resource Report 9.

Wildlife and habitat destruction. Impacts to wetlands, vernal pools, mature forest, meadowlands. Timber values and loss of logging profits. Impacts to biological diversity. Loss of flood capacity due to forest removal. Sensitive habitat such as Emmons Pond bog.

Impacts to various vegetation types such as forested areas, wetlands, meadowlands, and vernal pools will be identified and discussed in Resource Report 3. Habitat impacts will be addressed specifically as it applies to potential impacts to vegetation and wildlife and potential impacts to agricultural practices (including logging). Comprehensive biological surveys are being performed on the Project areas and were initiated in Summer 2012. These surveys will characterize the vegetation (including forested acreage) identified along the extent of the pipeline route and facilities. Results of these field surveys and a detailed discussion on forest fragmentation, biological effects, and potential wildlife impacts will be incorporated into Resource Report 3. If the Project alignment crosses properties currently being managed for timber production or with environmental sensitivities, Constitution will work with individual landowners, or agencies responsible for management of the property to fully assess all practicable alternatives, compensations, and/or mitigation measures. Detailed information on sensitive resources and land uses will be further detailed in Resource Reports 3 and 8.


Vegetation Request a comprehensive survey on vegetation. Requests that reforestation be allowed over the line. Plants: Indigenous species, such as ginseng, orchids, pitcher plants. Clearing within a private 400 ac managed “National Forestry Association Green Tag” forest. Management plans for native grasses and reforestation in place in areas and concerns over impacts to these efforts. Diverse wildflower populations part of the forests to be removed and impact to native orchids.

Comprehensive biological surveys were initiated in Summer 2012 and are on-going. These surveys will characterize the vegetation identified along the extent of the pipeline route and facilities. Results of these field surveys and agency consultation and coordination will be incorporated into Resource Report 3. Constitution will limit the amount of clearing and restore temporary construction areas with vegetation as appropriate for the area, and as approved in our ECP through consultation with local resource agencies. If any National Forestry Association Green Tag” forested properties are identified as impacted by the Project, Constitution will work with the landowners and any agency responsible for management of the property to fully assess all practicable alternatives and devise mitigation strategies for the area. Additional project planning information relative to pre-existing, landowner-specific forest management plans may be found in Resource Report 8 and supporting documents.

Habitat Fragmentation

Request a comprehensive survey on forest acreage and forest edge acreage. Concerns over forest fragmentation, habitat destruction, and forest clearing. 1,000 acres of contiguous land farmland and forest to be fragmented.

Impacts on forested and agricultural areas will be identified and discussed in Resource Reports 3 and 8 of the ER. Habitat fragmentation will be addressed in the ER specifically as it applies to potential impacts to vegetation and wildlife and potential impacts to agricultural practices (including tree farming). Comprehensive biological surveys are being performed on the Project areas and were initiated in Summer 2012. These surveys will characterize the vegetation (including forested acreage) identified along the extent of the pipeline route and facilities. Results of these field surveys and a detailed discussion on forest fragmentation and potential wildlife impacts will be incorporated into Resource Report 3. Constitution will limit the amount of tree clearing to the extent practicable, restore temporary construction areas with native vegetation, and co-locate the Project with existing ROWs to the extent practical to minimize impacts to vegetation and forested habitat.

Resource Report 4, Cultural Resources Cultural Resources Comments identified concerns regarding

the potential impact on historical and archaeological resources within the project area.

As the lead federal agency, FERC is responsible for compliance with the National Historic Preservation Act (“NHPA”) and, with Constitution’s assistance, is following the NHPA Section 106 historic preservation review process. Background research has been completed at the New York Office of Parks, Recreation and Historic Preservation and the Pennsylvania Bureau for Historic Preservation; Constitution and its archeological consultant are aware of known sites in the Project area. As will be detailed within Resource Report 4 of the ER, Constitution currently is conducting cultural resource and historic architecture surveys within the Project area to identify previously unidentified sites and avoid or mitigate impacts on sensitive resources. The survey methodology employed to find new sites meets or exceeds the applicable state guidelines. The results of these surveys will be submitted to the New York and Pennsylvania State Historic Preservation Offices for review and concurrence as part of the NHPA compliance process.


Resource Report 5, Socioeconomics

Property Values

Comments were received expressing concern about negative impacts to or loss of property values, re-sale value, and a lower tax base as a result of lower property value.

Property owners directly affected by the Project will be compensated through the purchase of the land rights needed by Constitution. The January/February 2011 edition of the International Right of Way Association (“IRWA”) publication, Right of Way, includes a study entitled “The Effect of Natural Gas Pipelines on Residential Value,” which concludes that the researchers could “not identify a systematic relationship between proximity to the pipeline and sale price or value.”

Comments expressed concern about how the compensation for land will occur (e.g., eminent domain? Purchase easements at fair market value or based on agricultural assessments?).

The valuation of the easement will be determined by the market value of land in the area as determined by independent sources such as county deed and tax records, local appraisers, real estate brokers and other real estate professionals, considering such factors as length, width, existing use, and comparable land sales in the area. Impact to the remaining property may also be considered. This information will be shared with the landowner during easement negotiations, and compensation will be offered commensurate with the extent of Project-related impact within each property.

Property Rights

Concerns were raised regarding the potential for property condemnation via eminent domain.

Prior to initiating construction-related activities, Constitution will negotiate ROW easements with private landowners and managers of public lands whose properties will be crossed by the Project. All owners, tenants, and lessees of private lands, and lessees and managers of public lands along the ROW will be notified in advance of construction activities that could affect their property, business, or operations. If the Project is approved by the Commission, it is Constitution’s intent and desire to obtain all easements through negotiation and considers the use of eminent domain a last resort. If the necessary land rights or easements cannot be obtained through good faith negotiations with landowners, and the proposed Project is certificated by the Commission, Constitution will be granted the right of eminent domain granted to it under Section 7(h) of the Natural Gas Act (“NGA”), as the holder of a certificate of public convenience and necessity, to obtain the ROW or easement. Constitution will be required to compensate the landowners for the ROW or easement, as well as for any damages incurred during construction for all properties traversed by the project.

Residents are concerned that the pipeline easement will limit their ability to use their property and interfere with their property rights.

Constitution will operate and maintain the proposed pipeline and aboveground facilities in compliance with USDOT regulations provided 49 CFR 192, the FERC’s guidance at 18 CFR 380.15, and maintenance provisions of the FERC’s Plan and Procedures. Operation and maintenance considerations for pipeline facilities will be further described in Resource Report 1. Constitution is proposing a typical new, permanent, post-construction ROW (easement) of 50 feet, which will be maintained for the new pipeline in accordance with the FERC Plan and Procedures other applicable PHMSA and DOT requirements which states each operator shall have a procedure for continuing surveillance of its facilities to determine and take appropriate action concerning changes in class location, failures, leakage history, corrosion, substantial changes in cathodic protection requirements, and other unusual operating and maintenance


conditions – 49 CFR 192.613. Other applicable regulations consisting of the PHMSA and DOT requirements will apply as well. Maintaining a cleared ROW is necessary for the following reasons:

Access for routine pipeline patrols and corrosion surveys to observe surface conditions on and adjacent to the transmission line right-of-way. Methods of patrolling include walking, driving, flying or other appropriate means of traversing the right-of-way - 49 CFR 192.705;

Access in the event that emergency repairs of the pipeline are needed; Visibility during aerial patrols; and To serve as a visual indicator to the public of an underground pipeline utility and

easement a line marker must be placed and maintained as close as practical over each buried main and transmission line - 49 CFR 192.707.

Typically, the property owner can use the easement area within certain guidelines as specified within the easement. These guidelines generally allow the property owner to continue with any agricultural, recreational, or other activities that pose no problem or threat to the long-term integrity of the pipeline. Generally, the only restricted uses by the property owner would be the construction of a permanent structure and planting trees in the easement area. Landscaping with shrubs may be possible upon approval of the plans by Constitution as long as the existing soil cover over the facilities is maintained. Examples of limitations on use within ROWs include: Trees are not permitted on the Company’s right of way.

No large, deep-rooted shrubs are permitted on the right of way. With prior approval, the planting of lawn and shallow-rooted, low growing

shrubs (less than five (5) feet in height at maturity) will be permitted provided that the shrubs are located at least five (5) feet from the edge of each pipeline, allowing clearance over each pipeline for periodic inspections of the Company’s facilities.

Under no circumstances will mechanical equipment of any type be permitted to be used in the planting of shrubs.

Following placement of the pipeline, the temporary ROW will be revegetated and allowed to progress through early succession. The permanent ROW would be maintained with mowing, cutting, and trimming as an herbaceous plant community (e.g., early succession meadow). Large brush and trees will be periodically removed to prevent roots from damaging the pipeline’s protective coating, obscure periodic surveillance, or interfere with potential repairs. The frequency of the vegetation maintenance will depend upon the growth rate. Maintenance of vegetation is not normally required is active areas such as agriculture or developed land where vegetation is managed by the land owners in an herbaceous state.


Operational activity on the pipeline will be limited primarily to maintenance of the ROW and inspection, repair, and cleaning of the pipeline itself. Periodic aerial and ground inspections by pipeline personnel will take place to determine potential unauthorized encroachment on the ROW.

Concerns were raised about specific property features (orchards, trees, buildings/structures, farmland).

To the extent practical, Constitution will avoid or minimize impacts to specific property features and has attempted to maximize the distance of the pipeline to existing structures to the extent practicable. Where avoidance is not practical, Constitution will work with landowners to compensate them for any re-location or removal of structures. Resource Report 8 will provide additional detail regarding impact avoidance and mitigation measures with respect to structures within 50-feet, and site-specific residential drawings will be prepared if any occupied structures are located within 25 feet of the Project workspace. Constitution will work with individual landowners to avoid specialty crops (e.g., orchards, certified organic farms sugar bush, Christmas trees) and will compensate landowners at current market value for any crop (specialty or otherwise) damage / loss resulting from construction of the Project.

Socioeconomics Commenters’ raised concerns about disruptions to the local economy, including tourism and agriculture/local farms; opportunities for local employment; and quantification of the long term economic impact, including taxes.

The presence of a natural gas transmission pipeline would create the possibility of a backbone for future economic growth in the region, and there would be significant short-term positive economic impact during the construction phase of the project. Restaurants, hotels/motels, and retailers would experience increased activity from construction crews, and the state and local communities would benefit economically through state and local sales and use taxes for the materials and equipment purchased to be installed at the job sites. Constitution will seek to employ local workers to the extent possible based on the specialized nature of pipeline construction. Local communities would also benefit from the increased property taxes that Constitution will pay during the ongoing operation of the pipeline. A thorough evaluation of socioeconomic impacts associated with the Project will be provided in Resource Report 5.

Traffic and Road Impacts / Maintenance

Comments received were related to the potential negative affects/damage that would occur to roads during construction. It was noted that roads along the proposed routes are rural and many are not paved for heavy use traffic. There was a concern about the overall increase in traffic and ongoing road maintenance.

Constitution proposes use of existing public roads as well as some non-public access roads for construction of the Project. Constitution’s use of these roads will be in compliance with legal weight limits. Additionally, Constitution’s construction contractors will be responsible for repairing damage to roads resulting directly from pipeline construction. The daily commuting of the construction workforce to the Project area could also temporarily affect traffic and create roadside parking hazards. Constitution estimates that approximately 400 people will be working on any one pipeline spread at any one time. To minimize potential effects on traffic associated with these workers, contractors may provide buses to move workers from common parking areas to the construction work area. At locations where construction of the pipeline alignment crosses a roadway, detours may be


established during the time the pipeline is being installed. If no reasonable detours are feasible, at least one traffic lane of the road will be left open, except for brief periods when road closures will be required to lay the pipeline. Appropriate traffic management and signage will be set up and necessary safety measures will be developed in compliance with applicable permits for work in the public roadway. Constitution will make arrangements with local officials to have traffic safety personnel present during periods of construction. Additional information related to these comments will be incorporated in Resource Reports 1, 5, 8, and 11.

Resource Report 6, Geological Resources Landslides and Steep Terrain

Comments expressed concerns related to landslide potential in areas having steep terrain and steep slopes.

Impacts on pipeline construction and operation as a result of potential landslides and steep terrain will be addressed in Resource Report 6 of the ER. Susceptibility to landsliding often is defined as the probable degree of response of areal rocks and soils to natural or artificial cutting or loading of slopes, or to anomalously high precipitation. The potential landsliding is increased in areas that contain steep slopes (greater than 20 percent grade) and may be further influenced by unstable soils or bedrock. Based on the review of the Landslide Overview Map of the Conterminous United States (Radbruch-Hall et al. 1982,) landslide incidence along the Constitution Pipeline Project corridor ranges from low incidence (less than 1.5 percent of area involved) to moderate incidence (1.5 to 15 percent of area involved) and susceptibility is mapped as moderate. To address concerns related to slope stability and construction on steep slopes, Constitution will implement BMPs during construction. These BMPs will be developed on a site-specific basis for the project and will be based on past experience with variable topographic terrain as exists within the Constitution Pipeline Project area. BMPs identified for use on the Project will be specifically reviewed and approved by both PADEP and NYSDEC prior to the commencement of construction activities. Many of these BMPs are detailed in the Pennsylvania and New York Erosion and Sediment Control Best Management Practices Manuals. Coordination with the PADEP, the NYSDEC, and applicable County Natural Resource Conservation Districts will occur during the permit application process, and new policies and preferred techniques will be identified and implemented. BMPs applicable to construction activities on steep slopes may include the installation of following:

Temporary and/or permanent slope breakers diagonally across the ROW on slopes to control erosion by reducing and shortening the length and concentration of runoff. The degree of slope, soil characteristics, runoff area, and location of suitable outlets will determine the number and shape of water bars required.

Erosion and sedimentation controls within and at the limits of the Project workspace,


at the base of slopes adjacent to road and railroad crossings, and at sideslope and downslope boundaries of the construction area where run-off is not otherwise directed by a water bar/terrace, and as necessary to prevent siltation of ponds, wetlands, or other waterbodies adjacent to/downslope of the construction ROW.

Temporary and/or permanent trench plugs consisting of compacted subsoil, sandbags, or foam (depending on the nature of use) placed in the ditch following excavation. Trench plugs will limit the length of concentrated flow within the excavated ditch, will be constructed in compacted layers, and will be inspected regularly to prevent breaching. Installation of trench breakers will be coordinated with installation of slope breakers in order to effectively divert water off the ROW.

Slope gauges to monitor land movement during and after construction activities, as well as periodic inspection of the ROW, and immediate inspection following significant storm events to ensure proper function and/or modify BMPs as needed.

Following pipe installation, disturbed areas will be restored by returning soil to the original soil layers, by restoring original surface contours, installing permanent erosion control devices on steep slopes, and by planting native vegetation seed mixes to hold the soil in place. Constitution will apply for, obtain, and adhere to all applicable regulatory permits and approvals related to soil disturbance. Constitution will have EIs on site during construction to ensure compliance with environmental regulations. In addition, Constitution’s Public Awareness and Damage Prevention Program would enable landowners to report potential threats to the integrity of the pipeline (e.g., identification of a landslide event) and other emergencies using a toll-free telephone number. Constitution will maintain 24-hour emergency response capabilities, including an emergency-only phone number, which accepts collect charges. The number will be included in informational mail-outs, posted on all pipeline markers, and provided to local emergency agencies in the vicinity of the pipeline facilities and compressor stations.

Seismicity and Earthquakes

Comments expressed concerns related to seismicity.

Impacts on pipeline construction and operation as a result of potential seismicity and earthquakes will be addressed in Resource Report 6 of the ER. Three phenomena are associated with seismic hazard risk and include faults, seismicity, and ground motion hazards. Faults are defined as fractures within bedrock in which movement has occurred. An active fault is one in which movement has demonstrated to have taken place within the last 10,000 years (USGS 2008). Seismicity refers to the intensity and the geographic and historical distribution of earthquakes. Ground motion hazards are defined as movement of the earth‘s surface as a result of earthquakes (USGS 2008).


For the Project area, peak acceleration (levels of horizontal shaking) is not expected to be more than two to five percent of gravity, with a ten percent chance of being exceeded in 50 years (Frankel et al. 2002). Pipeline design for the Project is under development, and specifications will be included in Resource Reports 1 and 11 in the ER. The pipeline would be designed and constructed to standards that withstand probable seismic events within the seismic risk zones crossed by the proposed Project (Zones 4 to 6) and in accordance with USDOT regulations 49 CFR – Transportation of Natural and other gas by pipeline, and additional federal and state regulations applicable design requirements.

Blasting Comments expressed concerns related to blasting.

Areas of shallow depth to bedrock are characterized as being within 5 feet of the ground surface and will be determined via review of the GIS data layers provided by the United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey 2007 for the locations crossed by the Project, and then during the ditch excavation. The probability of trenching operations impacting locations with a shallow depth to bedrock increases when excavating in locations mapped as such. In the event that locations with shallow depth to bedrock are encountered, the technique used for bedrock removal would depend on the factors such as strength and hardness of the rock. Constitution would first attempt to use mechanical methods such as conventional excavation or ripping to remove the bedrock where possible. If required, however, bedrock blasting would be conducted in accordance with all applicable state and local requirements to ensure that it is done in a safe manner, limits potential damage to structures, and minimizes potential impacts to off-site drinking water wells. Additional information pertaining to areas with shallow depth to bedrock and potential blasting activities will be provided in Resource Reports 1, 6 and 7 of the ER. Blasting will be required at locations where mechanical excavation cannot successfully remove rock to the necessary depth. Constitution will develop and utilize a Project-specific Blasting Plan that details the procedures and safety measures that the Contractor will adhere to while implementing blasting activities along the pipeline corridor. A blasting plan may include common best management practices to minimize impacts to surrounding areas such as:

Installation of blasting mats in congested areas, in shallow waterbodies or near structures that could be damaged by fly-rock;

posting warning signals, flags and barricades; following procedures for safe storage, handling, loading, firing and disposal of

explosive materials; manning adjacent pipelines at valves for emergency response, and; limiting the size of charges and using charge delays that stagger each charge in a

series of explosions, in order to control excessive vibration.


Karst Terrain Comments expressed concerns related to

karst terrain, including groundwater quality.

The presence of karst terrain along the Project corridor will be addressed in Resource Report 6 of the ER. Additional information relative to potential groundwater contamination will be addressed in Resource Report 2. Karst topography is typically found in areas where water soluble bedrock has resulted in the formation of sinkholes, caverns, and underground rivers. The presence of karst features will be determined via review of Pennsylvania, New York and USGS resources, as well as the National Atlas Karst GIS data layer, and then during the ditch excavation. Common geological characteristics of karst regions that influence human use of its land and water resources include ground subsidence, sinkhole collapse, groundwater contamination, and unpredictable water supply. Sinkhole development can affect permanent soil stabilization post-construction, resulting in erosion of soils and exposure of buried pipeline. To address risks associated with karst features identified prior to or during construction, Constitution will develop and implement measures to avoid, minimize, or mitigate impacts on karst features and groundwater as a result of project construction and operation. These proposed BMPs will be detailed with typical construction methods in the Project ECP, which will be filed with the ER. These measures will include spill control measures to avoid, minimize, and mitigate impacts to groundwater and surface water as a result of Project construction activities. Examples of measures which may be implemented depending upon the nature of the feature include:

Fill encountered karst features identified during construction with grouting, impermeable plugs, and backfilling with supportive flowable fill material.

Install stormwater control measures to limit surface water runoff within known karst features.

Monitor sediment/erosion control measures after precipitation events and periodically throughout construction. Clean, repair, and replace structures as necessary.

Establish staging areas for the crew, equipment, hazardous materials, chemicals, fuels, lubricating oils, etc., no closer than 100 feet of a stream, sinkhole, spring, or cave entrance.

Store construction waste materials, debris, and excess materials well away from karst features.

Refuel construction equipment at least 100 feet from stream banks, sinkholes, springs, and cave entrances.

Maintain natural stream features such as riffles or pools. Limit the removal of riparian vegetation to the extent necessary.


Revegetate all disturbed areas after construction to reduce soil erosion. Apply fertilizers, herbicides, pesticides, or other chemicals no closer than 100 feet of

sinkholes, streams, springs, and cave openings. Remove and dispose of all debris and excess construction materials properly upon

project completion. Plan hydrostatic test water disposal locations outside areas of known karst terrain.

Resource Report 7, Soils Soil Resources Comments identified concerns that soil

disturbance could cause erosion and down slope sedimentation. Concerns highlighted steep slopes and shallow bedrock.

To control erosion and sedimentation, Constitution will implement BMPs that have proven successful for pipeline construction in areas with terrain similar to that which exists within the Project area. Proposed BMPs erosion and sedimentation control measures will be detailed with typical construction methods in the ECP. Many of these BMPs are detailed in the Pennsylvania and New York Erosion and Sediment Control Best Management Practices Manuals and FERC’s Plan and Procedures. Coordination with the Pennsylvania Department of Environmental Protection, the NYSDEC, and applicable County Conservation Districts will occur during the permit application process, and new policies and preferred techniques will be identified and implemented. In accordance with the requirements of the applicable soil regulating agencies, Constitution will develop an ECP that details site SESC plans which will detail the specific BMPs prescribed to mitigate construction related impacts for each section of the Project. Site specific plans will be submitted for agency review and comment, and if necessary, will be modified to ensure consistency and compliance with individual county and/or state regulatory requirements. BMPs applicable to construction activities on steep slopes and shallow bedrock areas include, but are not limited to, installation of erosion and sedimentation controls within and at the limits of the Project workspace, topsoil segregation, and establishment of vegetation on temporary soil storage areas. Following pipe installation, disturbed areas will be restored by returning soil to the original soil layers, by restoring original surface contours, and by planting native vegetation seed mixes to hold the soil in place. Areas beyond the permanent operational ROW will be allowed to revert to pre-existing conditions. A detailed list of soil types and their characteristics will be included in Resource Report 7 of the ER. Erosion and sediment control BMPs prescribed for a specific disturbed area will depend on soil characteristics. Constitution will apply for, obtain, and adhere to required regulatory permits and approvals related to soil disturbance. Constitution will have inspectors on site during construction to ensure procedures are conducted in accordance with the ECP, permit conditions, and the approved site specific SESCPs.

Agricultural Soils Comments expressed concerns that soil disturbance could cause a decrease in agricultural crop productivity.

Constitution is aware of the sensitive agricultural areas along the proposed Project. Consultation with New York State Department of Agriculture and Markets (“NYSDAM”) was initiated in April 2012 and is on-going. Consultation completed to date has identified sensitive specialty crop areas, and Constitution is currently working with landowners to identify specialty crop and organic farm producers. Constitution is also in the process of developing an ECP for the Project. This ECP will


include protective BMPs identified by the US Department of Agriculture (“USDA”) – Natural Resource Conservation Service (“NRCS”), “NYSDAM – Pipeline Right-of-Way Construction Projects – Agricultural Mitigation through the Stages of Project Planning –Construction Restoration and follow-up Monitoring”, and the NYSDAM – “Seeding, Fertilizing and Lime Recommendations for Gas Pipeline Restoration in Farmlands”. To minimize impacts associated with crop productivity, topsoil segregation will be used in all annually cultivated or rotated agricultural lands, cultivated pastures, hayfields, and other areas at the landowner’s or land managing agency’s request. Constitution will employ the following topsoil segregation techniques during construction of the Project:

Prevent the mixing of topsoil with subsoil by stripping topsoil from either the full work area or from the trench line and subsoil storage area (ditch plus spoil side method) as stipulated in the construction contract or line list.

Segregate at least 12 inches of topsoil in deep soils with more than 12 inches of topsoil. In soils with less than 12 inches of topsoil, make every effort to segregate the entire topsoil layer.

Where topsoil segregation is required, maintain separation of salvaged topsoil and subsoil throughout all construction activities.

Leave gaps in the topsoil piles for the installation of temporary interceptor dikes to allow water to be diverted off ROW.

Topsoil replacement (i.e. importation of topsoil) may be used as an alternative to topsoil segregation if approved by the landowner, the EI, and applicable regulatory agency(s).

Never use topsoil for padding, backfill or trench plugs. A detailed list of soil types and their characteristics will be included in Resource Report 7. Land use, including specialty crop areas, will be identified in Resource Report 8 of the ER. Agricultural soil protection and mitigation methods proposed will depend on soil characteristics. The prescribed BMPs for each individual location crossed by the Project will be detailed in the ECP on SESCPs. The BMPs proposed for each location will be tailored to address the particular needs of the soil type temporarily impacted by the Project.

Resource Report 8, Land Use, Recreation and Aesthetics

Agriculture

Several form letters stating that the route through Schoharie Valley, New York, would have a negative impact on local farms.

Impacts on agricultural areas and associated mitigation measures will be identified and discussed in Resource Report 8 of the ER. Constitution has initiated consultation with the New York State Department of Agriculture and the Pennsylvania Department of Agriculture to obtain assistance in identifying areas in active agriculture as well as designated prime farmland and organic farms. Measures from the New York State Department of Agriculture publication, “Pipeline ROW Construction Projects Agricultural Mitigation through the Stages of Project Planning, Construction, Restoration and Follow-up Monitoring” (“NYSDAM


Agricultural Mitigation”) will be included in Constitution’s ECP to be submitted with the ER. Constitution will work with landowners in agricultural areas to ensure that proper restoration of any impacted agricultural activity occurs, including topsoil segregation, stone removal, and compliance with re-seeding specifications. Constitution will employ agricultural inspectors during construction to ensure that the pipeline installation and post-construction restoration is completed in accordance with the ECP as well as regulatory approvals and clearances pertaining to agricultural land. Constitution also will work with the landowners to arrange for proper fencing of the work areas, locations for livestock to cross the ROW, and, if necessary, alternate grazing areas. These issues will be discussed with the landowners during the negotiations for any additional rights and damages. Any special conditions will be included in the construction line list, and Constitution will have land representatives on hand during construction to ensure these conditions are met. Constitution will ensure that landowners are made whole for any damages that may arise, including impacts on livestock and crop production.

General concern regarding destruction and/or loss of farmland. Concern that the pipeline will not be compatible with agricultural enterprises.

Buried pipelines are compatible with agricultural practices as evidenced by the Tennessee, Iroquois, and Millennium pipelines, which all traverse land in active agriculture within the proposed Project vicinity. Impacts to agricultural land are typically temporary in nature and limited to one to two growing seasons. Farming practices may continue within the permanent easement upon completion of restoration activities. Constitution will implement mitigation measures to be detailed in Resource Report 8 of the ER and the Project ECP to minimize impacts on agricultural land during operation of the pipeline.

Requests for specific mitigation/minimization measures to minimize impacts on areas in active agriculture.

In predominantly agricultural areas, Constitution will have an Agricultural Inspector (Specialist) on-site during construction. Prior to construction, Constitution will contact landowners to locate existing and future locations of drainage tiles and irrigation systems. Water flow in crop irrigation systems will be maintained unless its shutoff is coordinated with the affected parties. At a minimum, Constitution will adopt the following measures described below in actively farmed areas affected by project construction. Actively Farmed Areas

Prior to grading, the EI will verify and record the depth of topsoil to be stripped and segregated. The depth to which the topsoil will be stripped will be to its actual depth or to a maximum depth of 12 inches, unless otherwise specified by the landowner.

Natural flow patterns shall be maintained by providing breaks in soil stockpiles. Stones will be required at paved road crossings in agricultural areas to facilitate

equipment access. Geotextile fabric shall be laid down first so that all the stone can be removed during final cleanup.

In all actively cultivated agricultural lands, which includes permanent or rotated


cropland, hayfields, orchards, or vineyards, ROW topsoil stripping shall be used, unless otherwise specified by the landowner. Constitution will utilize either full ROW topsoil segregation or ditch plus spoilside topsoil segregation, as requested by the landowner, as required by the applicable regulatory authority or as appropriate based upon site-specific conditions. Upon the completion of backfilling operations, the topsoil will be properly replaced over the graded area.

Ditching/lowering-in/backfilling

Topsoil will be segregated, as specified by the landowner(s). Depth of cover over the pipeline shall be a minimum of 3 feet in cropland, hayland,

improved pasture, and areas with anticipated drain tile installation within the next three years except in areas where there is an existing pipeline.

Depth of cover over the top of trench breakers shall not be closer than 2 feet from the restored surface.

Drain Tiles

Drain tiles will be marked; markings will be kept in place and not be removed except by the tile repair crew after the tile has been permanently repaired and such repair has been inspected and approved by Constitution’s Representative. Temporary repairs will be put in place during construction to allow continuation of flow.

All drain tiles must be permanently repaired before the pipeline trench is backfilled and within 14 days of construction completion, weather and soil conditions permitting. Specialists will be used, as necessary, to verify repairs and adequate testing of the drainage systems. The drain tile marker shall not be removed until the tile repairs have been inspected, approved, and accepted by Constitution’s inspectors and/or the landowner/tenant. Records of drainage system repairs will be kept and given to the landowner.

The Contractor shall install the pipeline at sufficient depth at points of undercrossing such that no interference will occur between the repaired section of drainage tile and the pipeline.

Any special conditions identified during landowner negotiations will be included in the construction line list, and Constitution will have land representatives on hand during construction to ensure these conditions are met.

Concerns regarding loss of revenue caused by delay in planting or growing of crops due to construction of the Project.

Constitution will work with individual landowners to identify crop loss and will provide compensation commensurate with current market value. This compensation will be in addition to the compensation associated with the acquisition of easements and temporary workspace areas.


Several questions regarding the operation of farm equipment and heavy machinery over the pipeline. Concern that the pipeline would not be buried deep enough to operate heavy equipment and that pipeline markers placed in fields would obstruct farm equipment.

Within agricultural land, Constitution will install the pipeline to a minimum depth of four feet below ground surface to allow for continued agricultural practices post-construction. This additional depth of cover will allow for soil tillage and movement of heavy machinery directly over the pipeline. Constitution will also work with landowners to site pipeline markers in a manner that avoids impact to farming operations while maintaining compliance with federal standards for pipeline marking.

Questions regarding the purchasing of easements and whether or not this will be done based on fair market value or based on agricultural assessments.

Constitution will establish easement value based on a fair market appraisal of the land. Valuation of the crop loss shall be conducted separately from the easement appraisal.

Concerns regarding the production of products safe for human consumption.

Construction and operation of the proposed Project will not impact the safety of products grown in agricultural fields crossed by the pipeline. Machinery used for construction of the pipeline will be fueled by gasoline or diesel, and lubricated with oil, similar to equipment typically used in agricultural operations. During construction, Constitution will adhere to its SPCC Plan in the unlikely event of an accidental release of any hazardous materials, including gasoline, fuel oil, and hydraulic fluid. Soils will be remediated to pre-release condition. The SPCC Plan will be submitted with the ER. Constitution will contact the landowner in the event of a spill and will provide compensation for any products made unsellable as a result of a spill. Constitution will work with individual landowners to address any concerns regarding long-term maintenance of the pipeline, including avoiding the use of herbicides and pesticides in agricultural fields.

Concern that construction and operation of the Project will threaten organic farms, including the ability of farmers to maintain their organic status and to grow products free of synthetic pesticides and chemical fertilizers.

In Resource Report 8 of the ER, Constitution will provide information on properties affected by the Project that are enrolled in organic certification programs. Specialized construction techniques that may be implemented to ensure that organic certification is not compromised will be specified in the ECP and implemented during construction.

Concern regarding farmland fragmentation.

The proposed Project is not anticipated to contribute to the fragmentation of farmland. The proposed Project does not include subdivision of land or other residential or commercial development that would interrupt the agricultural landscape. Operation and maintenance of the pipeline long-term will not conflict with normal agricultural operations.

Concern from several landowners regarding impacts from the proposed Project on National Forestry Association Green Tag certification or on land management plans implemented on private properties for timber production. Land management plans in some cases are

Constitution will work with individual affected landowners and the regulatory and/or certifying agencies to ensure continued enrollment in certification programs and/or consistency with individual land management plans during construction and operation of the Project. These issues will be discussed with the landowners during the negotiations for any additional rights and damages. Any special conditions will be included in the construction line list, and


approved or endorsed by state regulatory agencies.

Constitution will have land representatives on hand during construction to ensure these conditions are met. Constitution will ensure that landowners are made whole for any damages that may arise, including conversion of timber lands.

Community Character

Concern that construction of the pipeline will lead to industrialization of an area that is known and appreciated for its agricultural and rural character. Concern that existing businesses relying on the area’s aesthetic surroundings and natural beauty will be negatively impacted by construction and operation of the pipeline.

Many letters noted the natural beauty and rural character of the Project area as essential to the area’s economy. Long- term operation and maintenance of the pipeline is not anticipated to interfere with the existing character of the land. Agricultural operations and rural residential development will be able to continue in the vicinity of the pipeline. Industrial development will be addressed in Resource Report 5 of the ER. An assessment of visual and aesthetic impacts associated with the Project and proposed mitigation measures will be identified in Resource Report 8 of the ER.

Visual / Aesthetics Concern that operation of the pipeline will permanently scar views of hills, farmland, and waterbodies. Concern that viewshed impacts need to be assessed for consistency with current state and/or local land use/management plans.

Constitution will identify areas with sensitive viewsheds in Resource Report 8 of the ER. Constitution will consult with federal, state, and local agencies to identify such areas and to design the Project to minimize impacts on these viewsheds. Constitution will minimize the extent of tree clearing to the minimum necessary for safe construction, will restore temporary construction areas with native vegetation and will co-locate the Project with existing corridors to the extent practicable to minimize impacts on viewscapes and maintain consistency with existing land use.

Land Use

Concern regarding impacts on lands receiving assistance from the Land and Water Conservation Fund.

Constitution has initiated consultation with state and federal regulatory agencies including the New York State Office of Parks, Recreation, and Historic Preservation and the Pennsylvania Department of Conservation regarding affected properties receiving assistance from the Land and Water Conservation Fund. Should any Land and Water Conservation Fund properties be affected by the Project, Constitution will work with the National Park Service, and other applicable federal and state agencies responsible for management of the property, to fully assess practicable alternatives and apply for conversion where no reasonable alternative is identified.

Concerns regarding the potential effects on recreation use in the Pine Lakes and Robert V. Riddell State Park area.

Constitution has incorporated a route deviation to avoid impacts to Riddell State Park and the Pine Lakes area. Therefore, Constitution does not anticipate any adverse effects on the recreation use of these areas during either construction or operation of the Project.

Recreational vehicle traffic/trespassing

Pipeline would encourage/facilitate recreational vehicle usage and trespassing on private property.

Constitution will work with concerned landowners to repair or replace any existing property boundary fencing that may need to be removed temporarily during construction and will install locking gates, as necessary, to deter unauthorized vehicle traffic along and within the pipeline right-of-way (“ROW”).

Resource Report 9, Air and Noise Quality Air Quality Impacts; Air Impacts on Air Impact on Sensitive Population

The compressor station will be detrimental to air quality. Require dispersion modeling for compressor stations, well pads, and fugitive

Air emissions associated with the Project construction and operational phases will be quantified and documented in Resource Report 9. One new compressor station is proposed in Schoharie County. The proposed compressor station will be designed and operated in accordance with required state and federal regulations governing air emissions associated with station operations. Construction emissions will be temporary but evaluated relative to


emissions. USEPA’s General Conformity Rule. Dispersion modeling will be conducted to demonstrate that compressor station design and air emissions will comply with the National Ambient Air Quality Standards (“NAAQS”) established by the USEPA. There are two types of NAAQS: primary NAAQS, which set limits on criteria pollutants to protect public health, including the health of “sensitive” populations such as asthmatics, children, and the elderly; and secondary NAAQS, which set limits on criteria pollutants to protect public welfare, including protection against visibility impairment, damage to animals, crops, vegetation, and buildings. The NAAQS dispersion modeling will be completed to confirm that the air emissions associated with the compressor station as designed will not cause ambient air concentrations that exceed either the primary or secondary NAAQS.

VOC Air Emissions

Analyze radon and volatile organic compound (VOC) fugitive emissions from the pipeline and its gathering lines and all associated well pads.

VOC emissions for the Project will be quantified and presented in Resource Report 9 for construction and compressor station operations. The VOC emissions will be evaluated relative to required state and federal regulatory requirements.

Greenhouse Gas Emissions

Request a realistic greenhouse gas (GHG) analysis for not only the transmission line but all aggregate gathering lines and compressor stations.

GHG emissions will be quantified and presented in Resource Report 9 for construction activities and compressor station operations. GHG emissions will be evaluated relative to required state and federal regulatory requirements.

Noise Impact General concern over the noise impacts associated with the project.

Resource Report 9 will address noise impacts associated with the compressor station as well as general pipeline construction activities. The compressor station will be designed to comply with the applicable FERC standards.

Resource Report 10, Alternatives Alternatives Analysis

Co-locate Project within/along existing utility line corridors/transportation corridors (i.e., I-88) and include figures showing the location of these existing utility alignments; ship gas supply within existing pipelines; assess the “No Action” alternative.

Constitution is in the process of conducting an extensive alternatives analysis for the Project and will discuss the findings in Resource Report 10 of the ER. This analysis will include an assessment of the “no action” alternative, system alternatives, the I-88 Alternative Route, and many alternative routes that avoid sensitive environmental, cultural and topographic features. The alternatives analysis will assess and compare other potential Project alignments that could feasibly achieve the Project goal, including collocation of the proposed pipeline within and/or along existing utility and transportation corridors and system alternatives. Constitution has assessed the unsubscribed capacity on the interstate pipelines in the project area including: Millennium Pipeline Company, LLC, Tennessee Gas Pipeline Company, L.L.C., Dominion Transmission, Inc., and Transcontinental Gas Pipe Line Company, LLC, and has determined that there are no gas pipeline companies available


that could provide firm transportation capacity. Constitution also has evaluated routing the pipeline along previously disturbed and maintained pipeline corridors and has found that, of the pipelines listed above, the only one with a route that can achieve the project objective of transporting gas from the center of Susquehanna County, Pennsylvania to Iroquois Gas Transmission’s Wright Compressor Station in Schoharie County, New York is the Tennessee Gas Pipeline. To co-locate with this pipeline and maintain the project goals, the route length would be tripled and would require two compressor stations, almost tripling the installation cost. This information was filed with the FERC on September 10, 2012.

No Action Alternative

Comments expressed that the project is not necessary (i.e., a preference for the no-action alternative).

The No Action Alternative for the Project would avoid the temporary and permanent environmental impacts associated with construction and operation of the Constitution Pipeline. However, by not constructing the proposed Project, Constitution would not have any ability to provide the natural gas transportation service requested by the customers that subscribed to the entirety of the Project’s projected capacity. Given the need to transmit the gas production from Susquehanna County, Pennsylvania, other natural gas transmission companies would be required to increase their capacity and construct new facilities. Such actions likely would result in the transference of environmental impacts from one location to another, but would not eliminate or reduce environmental impacts altogether. Implementing the No Action Alternative would not afford access to stable and reliable natural gas supplies in the United States to meet projected demand. More detail regarding the No Action Alternative will be available in Resource Report 10 of the ER.

Energy Conservation

Comments expressed that the preferred action should be reduced energy consumption.

Conservation of energy reduces the demand for the limited resources and should be encouraged. Programs are currently in place to encourage large-scale energy conservation, such as renewable portfolio standards (“RPS”) and/or Energy Efficiency Resource Standards (“EERS”). It is possible that the development and implementation of additional conservation measures could have some effect on the demand for natural gas; however, substantial new technology development and significantly increased social and political support would be needed before the magnitude of energy conservation necessary to equal the proposed Project could be implemented effectively. Energy conservation may provide an alternative in the long-term, but it is not a viable alternative to meet the short-term energy demands of the market. More detail regarding energy conservation will be available in Resource Report 10 of the ER.

Renewable Energy Sources

Comments expressed a preference for the use of renewable energy sources over fossil fuels to reduce the potential effects of greenhouse gases.

Constitution’s research of renewable energy sources shows that they have not been fully developed in the United States or in the Project area for large-scale application or to the point where they would be viable energy alternatives to the proposed Project. Smaller-scale, or individual, renewable energy sources could be combined to meet the energy needs for the proposed Project; however, the number of such individual projects would be large, and land requirements likely would be greater, since renewable energy sources also require land to site and construct renewable energy facilities such as wind farms or solar arrays as well as


construction of infrastructure to transport the energy generated In addition, combining the disparate renewable energy sources into a coherent energy supply that would be equivalent to the energy to be provided by the proposed Project would require an extensive coordinating system that does not exist at present. Development of such a system would take time and would not provide the energy in timely enough fashion to meet the Project’s Purpose and Need. For these reasons, use of renewable energy sources is not a viable alternative to the natural gas to be provided by the proposed Project. More detail on renewable energy sources will be available in Resource Report 10 of the ER.

Alternative Routes Comments identified several potential issues with the Primary Route and the Alternative Routes and requested additional information and studies be performed.

On May 21, 2012, Constitution submitted an initial draft of Resource Report 10 (Alternatives) to the FERC that identified a Primary Route and eleven alternative routes. Since that time, nine additional alternative routes have been identified, making a total of twenty route alternatives. In addition, Constitution has identified greater than eighty route variations (minor route changes) to avoid residences and businesses, avoid sensitive environmental habits, avoid potential cultural impacts, or address other landowner concerns. Each alternative route and route variation is reviewed by disciplines associated with the construction of the pipeline. The reviews include engineering constructability assessments, environmental assessments, and land use assessments, as well as determinations of agricultural impacts, cultural impacts, and socioeconomic concerns. Constitution currently is in the process of collecting environmental and cultural data to allow a comparative assessment study of the alternatives. Field data, as well as sources of existing information, such as aerial photography, topographic maps, National Wetland Inventory maps, and GIS land use coverages, will be used during the route identification studies and evaluation processes to determine a Primary Route. Environmental surveys are being conducted by qualified biologists trained to identify and delineate wetland and waterbodies as well as identify rare and invasive plant species and sensitive habitat. Cultural surveys are being conducted by qualified archeologists and cultural resource specialists to identify potential historical significant historical sites, Native American sites, and historic buildings. Data collected is taken into account to avoid and minimize impacts to the extent practicable. Additional detail on alternative routes considered will be provided in Resource Report 10 of the ER.

Alternative Route M (I-88)

Comments identified potential issues with the Alternative Route M and inquired as to why the pipeline could not be installed within the I-88 easement.

As part of the alternatives analysis currently being conducted, Constitution is evaluating an alternative route along Interstate 88 (Alternative M). This analysis will include factors such as constructability constraints, environmental resources such as wetlands and waterbodies, land use impacts, state and federal regulatory processes, and operational concerns. Additional detail regarding Alternative Route M will be provided in Resource Report 10 of the ER. The initial alternatives analysis considered an alternative that would place the pipeline in the median; however, Constitution determined that construction workspace needed to safely construct an interstate pipeline is 110-125 feet. The width of the median is approximately half


of what would be needed. In addition, there is severe side-sloping as well as stormwater management facilities within the median that would preclude placement of the pipeline in this area.

Resource Report 11, Reliability and Safety

Safety

Concerns were raised regarding the general safety of land and residents in the vicinity of gas being transported under high pressure.

Pipeline Safety will be addressed in Resource Report 11 of the ER. The Project facilities will be designed, constructed, tested, operated, and maintained to conform with applicable federal, state, and local requirements, including U.S. Department of Transportation (“USDOT”) regulations at 49 CFR Part 192, “Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards” and Commission regulations at 18 CFR Section 380.15, “Siting and Maintenance Requirements.” These regulations include provisions for minimum pipeline wall thickness design based on several factors, most notably design pressure, Class location (determined by residences/population in vicinity of pipeline, as detailed in a comment-response, below) and pipe diameter, as well as specifications for minimum depth of cover over the pipeline. The regulations are intended to ensure adequate protection for the public from natural gas pipeline failures. 49 CFR Part 192 specifies material selection and qualification, design requirements, and protection from internal, external, and atmospheric corrosion. The pipeline system will include many pipeline design and equipment features, in addition to routine inspection and maintenance programs that will be designed to increase the overall safety of the system and protect the public from any system failures due to operations, incidents, or natural catastrophes.

Concern was raised that the pipeline will be categorized as being within a “Class I” area, which has the least stringent requirements. Related concerns were specific to the pipeline wall thickness and depth of cover.

In compliance with 49 CFR Part 192 of the USDOT Regulations defining pipeline class locations based on population density in the vicinity of a pipeline, Constitution will design the pipeline facilities to meet or exceed design requirements for populated areas. The class location unit is an area that extends 220 yards on either side of the centerline of any continuous one-mile length of pipeline. The four class locations are generally defined as:

Class 1: Location with 10 or fewer buildings intended for human occupancy or is an offshore area.

Class 2: Location with more than 10 but less than 46 buildings intended for human occupancy.

Class 3: Location with 46 or more buildings intended for human occupancy, is within 100 yards of any building, or has a small, well-defined outside area occupied by 20 or more people during normal use, such as playground.

Class 4: Location with buildings of four or more stories aboveground is prevalent. Class locations representing more populated areas require higher factors for pipeline design, testing, and operation. These factors apply to minimum depth of cover for the pipeline,


maximum distance between sectionalizing block valves, pipeline design pressures, hydrostatic test pressures, Maximum Allowable Operating Pressures (“MAOP”), pipeline wall thickness, inspection and weld testing, and frequency of pipeline patrols and leak surveys. The current class locations along the pipeline corridor for the proposed Project will be detailed in Resource Report 11 of the ER. Constitution will determine and list the pipeline class locations once the alternative routes have been assessed and the Primary Route has been determined. To ensure an added level of safety, Constitution is proposing to incorporate Class 2 wall thickness design requirements in designated Class 1 locations. As required for Class 2, 3 and 4 locations, the pipeline will be installed with a minimum depth of cover of 3 feet in normal soil and 2 feet in consolidated rock (bedrock).

Safety during Pipeline Operations

Local residents request information about how the pipeline will be monitored to ensure public safety after construction and during operation.

Pipeline operating regulations are contained in USDOT federal safety standards, 49 CFR 192, Subpart L. Section 192.615 requires each pipeline operator to establish an operation and maintenance plan and an emergency plan that includes procedures to minimize hazards in a natural gas pipeline emergency. The first step in Constitution’s pipeline safety monitoring process will be to make sure that the pipeline is constructed properly. Safety begins at the pipe mill where the steel pipe is manufactured. Constitution representatives will inspect the pipe and coating at the mill to ensure that it meets quality control standards and specifications. During construction, the integrity of pipeline coatings, designed to protect the pipeline against corrosion, will be inspected, examined, corrected, or repaired in the field if necessary, and will be verified on-site by experienced inspectors. Constitution requirements include that pipe girth welds be non-destructively tested and verified by x-ray in the field before backfilling over the pipeline. In addition, the pipeline will be hydrostatically tested with water to a pressure significantly higher than its maximum operating pressure before being placed in service. Specific test pressures will be detailed in Resource Report 1 following class designation. Once the pipeline is installed, Constitution will implement a number of routine monitoring measures, including:

Physically walking and inspecting the pipeline corridor periodically; Conducting fly-over inspections of the ROW, as required, generally weekly; Inspecting valves; Conducting leak surveys at least once every calendar year or as required by

regulations; and Internal Inspection Tool, pigging, used to identify corrosion and anomalies.

During inspections, Constitution employees will look for signs of unusual activity on the ROW. Upon discovery, Constitution personnel will respond immediately to assess the nature


of the activity and remedy with prescribed corrective action. Additional tests will be conducted using analyzers to verify the effectiveness of cathodic protection systems. Additional information about the pipeline safety monitoring program will be provided in Resource Report 11.

Concerns were raised regarding the proximity of pipeline to residences, potential damage in case of pipeline failure or leaks, and the adequacy of leak detection. Comments also provided examples of historic explosions and leaks of pipelines.

The proposed Project facilities will be designed, constructed, operated, and maintained in accordance with USDOT federal safety standards, 49 CFR Part 192. The regulations are intended to ensure adequate protection for the public from natural gas pipeline failures. Part 192 specifies material selection and qualification, design requirements, and protection from internal, external, and atmospheric corrosion. Constitution will monitor the pipeline to identify any leaks. In addition to the required surveys listed above, Constitution will monitor portions of its pipeline systems using a supervisory control and data acquisition (SCADA) system. A SCADA system gathers information, transfers the information back to a control center alerting the personnel that a leak may have occurred, carries out necessary analysis and control, and displays the information in a logical and organized fashion. Constitution will utilize an enhanced pipeline Integrity Management Program to improve pipeline safety along its entire pipeline system (which will be detailed in Resource Report 11). The Integrity Management Program was developed and implemented to comply with the prescriptive-based requirements of Subpart O, 49 CFR 192. Constitution will monitor the program’s effectiveness and strive for continuous improvement. The federal safety standards, together with pipeline integrity management programs and recent advances in pipeline manufacture, construction, and inspection techniques, minimize the potential for pipeline failure.

Pipeline Operations/Dust and air quality

The public expressed concerns that pipelines and compressor stations pose a threat to human health due to potential impacts to water and air quality, as well as dust/fugitive emissions from roads and other sources during construction

During construction, Constitution will be employing dust control measures to minimize fugitive dust and will be using agency-approved soil erosion and sediment control measures, as well as best management practices, to avoid and minimize impacts to surface and groundwater resources. Best management practices and their application will be detailed in the Project’s ECP. The compressor station will be subject to review and permitting by NYSDEC, and the compressor station will be constructed and operated in accordance with applicable regulations and permit conditions pertaining to air emissions. These issues will be discussed in further detail in Resource Reports 2 and 9 of the ER.


Emergency Response

Concern that local emergency responders (e.g., local volunteer fire departments) will not be able to respond adequately to accidents, response time for emergency vehicles, emergency response in remote locations with incomplete cellular phone service/inadequate communication infrastructure

Constitution has a Public Awareness and Damage Prevention Program, which calls for communication with emergency responders on an annual basis. Communication revolves around pipeline safety: How to identify a pipeline marker, what a pipeline ROW is and looks like, who to call in case of an emergency, physical properties of natural gas, and what is expected of first responders during an emergency. The extent and adequacy of local emergency responders will be addressed in Resource Report 5. Constitution has already met with Schoharie and Delaware county emergency responders to provide an overview of its pipeline integrity program and introduced them to several of Constitution’s operations employees. Constitution will maintain 24-hour emergency response capabilities, including an emergency-only phone number, which will accept collect charges. The number will be included in informational mail-outs, posted on pipeline markers, and provided to local emergency agencies in the vicinity of the pipeline facilities and compressor stations. Constitution will develop emergency response plans for its entire system, and Constitution’s operating personnel will attend training for emergency response procedures and plans. Constitution will review, revise, and develop new emergency response plans, as necessary, before placing the new facilities in operation. Constitution will meet with Local Emergency Planning Committees (“LEPCs”), including fire departments, and police departments to review plans. Constitution will work with these LEPCs to communicate the specifics about the pipeline facilities in the area and the need for emergency response. Constitution also will meet periodically with the groups to review the plans and revise their plans when necessary. LEPC personnel will be involved in any operator-simulated emergency exercises and post-exercise critiques, if conducted. Constitution will use available, reasonable, and relevant means to support the pipeline and facilities if an emergency occurs.


References Frankel, Arthur D. et al. 2002. Documentation for the 2002 Update of the National Seismic Hazard Maps. USGS. Available URL: http://pubs.usgs.gov/of/2002/ofr-

02-420/OFR-02-420.pdf. USGS. Accessed August 17, 2012.

Radbruch-Hall et al. 1982. U.S. Geological Survey landslide map of the conterminous United States. USGS. Available URL: http://landslides.usgs.gov/learning/ nationalmap/legend.php. Accessed September 4, 2012.

USGS 2008. US Geological Survey Earthquake Hazards Program [Online WWW]. Available URL: http://earthquake.usgs.gov/hazards/. USGS. Accessed September 4, 2012.

Documents

Williams-Cabot respond to scoping hearings Constitution Pipeline