Dream home is nearing completion – but so is the PennEast proposal

Henry from Stockton, NJ is just a few weeks away from completing his dream home in Delaware Township. Unfortunately his dream is located fairly close to both the original and proposed pipeline routes.

I am weeks away &om completing my dream home on a piece of property located close the the proposed route of the PennEast pipeline project. My property is between the original route and the proposed alternate route of the pipeline. My property is located at Block 19 Lot 24 in Delaware Township, NJ.

One reason we decided to build here is that almost the entire immediate area surrounding my home are properties in Farmland Preservation. We enjoy the rural character of the area and would not like to see it marred by a new pipeline right of way. I feel our community was directly targeted because so many properties are in preservation.

I do have some concerns about what could happen to my home and family as well as my drinking water well. I believe the public need for this project has been greatly overstated by PennEast since New Jersey, where the pipeline will terminate, already enjoys the low’est residential natural gas prices in the region. The corporation “needs” the pipeline for profits, not for the benefit of the citizens in the area. I also find it very ironic that residential gas delivery will not even be offered to the very communities that will have to be traversed by the pipeline.

There is a very sad and deep irony buried in Henry’s story. If you google his block and lot information in Delaware Township you’ll land on the minutes of a Delaware Township municipal meeting that took place several years ago. The topic was variances they needed from the town and the NJ DEP to install their septic system. They noted that it took two years to complete the NJ DEP approval process.

Think about that for a moment. An individual trying to get a septic system installed on their lot needs to go through a lengthy process that takes years to get environmental approval for. For just one house. Meanwhile PennEast says that the entire pipeline process will be done in the same amount of time!

What kind of planet do we live on that approving an individual septic system takes two years but approving a pipeline sails through the system?

Henry also shares his eye-witness account of the 36″ gas pipeline explosion in Edison, NJ in the 90s. One part talks about why it took hours to get the pipeline gas flow turned off:

The valves on this pipeline normally operate in power assist mode, in which the gas pressure powers a small motor that opens and closes the valve. Normally, it is a seven- to 10-minute procedure. This night the rupture had reduced pressure in the line such that the valve would not automatically turn. However, even if there had been sufficient pressure, firefighters were concerned that the natural gas vented off from this valve during the automatic valve-closing procedure would be ignited by the intense heat from the fireball.

South Plainfield Volunteer Fire Department and TETCO employees had to close the valve manually. The firefighters, in four- or five-member shifts, took turns on the four-foot-diameter hand-wheel, moving it six to eight inches at a pull against the flow of gas through the line. The heat was such that the reflective material on their turnouts burned away and the bottoms of their fire boots melted. It took 752 turns and 2 1/2 hours to close the valve.

Henry’s submission is available below.

Henry’s submission – FERC Generated PDF

Henry’s submission – FERC Generated PDF Alternate site

Flammable gas pipelines and quarries – a match made in heaven, am I right?

Stephen from Stockton NJ tells us about the Trap-Rock quarry in Delaware Township. The pipeline will be running within a few thousand feet of it…where they routinely use blasting. And where, as many have pointed out, the ground is predominantly diabase, a very hard rock that transmits vibrations (e.g. like those from blasting) surprisingly long distances.

I am opposed to the obviously short-sighted reliance and expansion of our dependence on the climate-changing fossil fuels transported by the proposed Penn-East pipeline (PF-15.1). The safety issue raised by putting this pipeline so close to the active Trap-Rock quarry in Delaware Township NJ must be seriously addressed before the committee can consider accepting the plan. Both the original route and the newly presented alternate route come within a few thousand feet of the quarry, where blasting of the bedrock occurs. The blasts create seismic vibrations along the diabase bedrock that extends well into the proposed pipeline routes near the quarry. the harder the bedrock, the greater the transport of the seismic energy.

Surprisingly, the alternate route remains closer to the blast site for an even longer distance than the original route. Both routes are unacceptable, as is the whole short-sighted pipeline concept. Peak particle velocities (PPV) are high enough that residences along this bedrock within a few thousand feet from the quarry blast sites are significantly shaken by the blasts. The proposed pipeline routes are at a similarly close distance to the quarry and on the same bedrock formation.

Within a few years, these seismic vibrations will create local stresses and strains on the pipeline and welds, allowing for formation of defects that will enhance subsequent corrosion. Obviously, this will significantly increase the probability of cataclysmic rupture of the pipeline.

The developers of this project ignore this problem but realize that the probability of pipeline failure is significant enough to become an LLC so as to protect themselves. Who will protect the other Americans along these routes, or are some just ‘collateral damage’? Co-locating the pipeline near blast sites is a ridiculously short sighted endeavor. We have seen no indication of real-time surveillance of pipeline integrity during pipeline usage.

How has the committee assessed the problem of the co-location of the pipeline near a blast site? Are there specific seismic measurements along the route near the quarry? How does the planned expansion of the quarry fit into the future safety of the pipeline? Is there an assessment regarding multiple years of seismic activity caused by the blasts on the integrity of the pipes and welds? The land in the area of the pipeline near the quarry, between Brookville Hollow road and Lambertville-Headquarters road, is diabase and a poor drainage area. What is the effect of long term water exposure in the wet soil on pipeline and weld durability, especially after damage caused by the seismic quarry-initiated vibrations? What is the shut-off time if a rupture occurs? Will it be similar to 1.5 hours seen in the San Bruno explosion? Has the committee done its due diligence in protecting the public and ensuring the long-time viability of this precarious venture?

I know this quarry! You can see it on the D&R Canal tow path between Stockton and Lambertville, my wife and I take our dogs walking on their regularly.

Here it is on Google Earth in relation to the pipeline survey corridor:

As you can see Stephen is correct, the pipeline passes within 3,500 feet of the pipeline.

There’s another active quarry near me where the pipeline also will be passing – the one by Baldpate mountain:

This one is 3,100 feet from the pipeline route.

Why would you place a pipeline that close to blasting sites? And then double down by putting the pipeline into hard bedrock that’s going to transmit those blasts highly efficiently right to your pipeline welds?

Stephene’s submission is below:

Stephen from Stockton – original submitted text

Stephen from Stockton – original submitted text Alternate Site

Historic Stockton Farm Threatened by Pipeline

Dan and Carla from Stockton, NJ writes to the FERC:

Our property is a preserved farm of approximately 137 acres in Delaware Township NJ. The preferred alternative route for the pipeline that is currently proposed by PennEast would traverse the entire length of our acreage. We oppose this pipeline for many reasons which are of an economic, environmental, and legal basis.

First of all, economically, our farm would lose significant value if this pipeline is allowed to bisect it. The proposed alternative route appears to be very close to our residence. Assurances from PennEast employees notwithstanding, all real estate professionals with whom we have spoken have opined that property values would decrease dramatically. How does PennEast intend to compensate us for what we anticipated to be our retirement nest egg? The pittance they hope to pay for a right of way could not begin to approach the loss we will incur if our residence is located within the “impact zone” of a natural gas pipeline.

Many farmers have documented the loss of crop yields on land they use after pipelines have been constructed. We worked hard to establish high quality hay fields, on which we use minimal chemicals. The construction & maintenance of a natural gas pipeline through our farm fields will cause compaction of our loam soils, some of which have been rated as prime & in the top seventy five percentile of statewide importance. How does PennEast intend to protect our soils, allowing them to produce as they do now? The techniques currently employed to minimize damage to the soil strata have been shown as ineffective. The damage cannot be undone once the soil is torn apart & the layers separated. We will lose the use of our prime hay fields as well as suffer reduced yields where we are still able to farm.

Our farm is also of historical significance, having been in operation since the 1700s. In front of our house is a stone hitching post, next to a stone wagon mounting block. We have uncovered old wells & cisterns which were built with stones. The property is contingent to the Rosemont Agricultural Historical District in the area of New Jersey’s only remaining covered bridge.

Environmentally, there are many considerations. The first would be the already mentioned soil compaction. We also have two ponds, one of which is fed by Plum Brook, a stream traversing the northern, wooded section of our farm. Plum Brook is home to minks, beaver, & muskrat, to name a few. The brook feeds into the Wickecheoke Creek, which makes its way to the Delaware River. The pond in our forest contains many fish, including bass & many species of turtles. The pipeline is proposed to cut through Plum Brook, which will cause devastation to the wildlife habitat. To the south of Plum Brook is an open grassland area which we provide for the birds who nest in such areas. Bobolinks & Eastern Meadowlarks live here and breed; their numbers are in decline due to a lack of territory, so we feel it is necessary to set aside land where they will be able to thrive. Another bird in decline that we are involved in trying to help is the threatened American Kestrel. Our farm has been part of the New Jersey American Kestrel Nest Box Project for the past 5 or 6 years, allowing the state to place the nesting boxes on the utility poles which cross our hay fields. Many baby kestrels have been born & banded here. Putting this pipeline adjacent to the power line will increase the already hot summer temperatures, making the survival of these precious babies less likely.

Legally, we have concerns about the selection of preserved farmland for a pipeline. As owners of a preserved farm, we are legally obligated to abide by five pages of deed restrictions. One of these restrictions reads as follows:

“No sand, gravel, loam, rock, or other minerals shall be deposited on or removed from the Premises excepting only those materials required for the agricultural purpose for which the land is being used.”

Another restriction follows:

“No activity shall be permitted on the Premises which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the Premises.”.
How can we be bound by law to uphold restrictions to the use of our property, yet a private company could be allowed by the FERC to violate those legal encumbrances?

We have sacrificed & struggled to return this farm from the neglected, fallow fields we originally found here, to a productive, self sufficient homestead. Our electricity is completely solar generated. We grow our own vegetables & hay for our horses. We try to live frugally, with respect for the land, mindful of our carbon footprint. We pay our taxes & our mortgage. This is our dream, the American Dream. Allowing the PennEast pipeline to be constructed through our farm would turn that dream into a nightmare. We will stand with our neighbors & refuse to allow this private, for-profit LLC access to our land. No action should be the determination by FERC in PennEast’s bid to destroy our preserved lands.

Like Dan and Carla I don’t understand how eminent domain can be used to take away land protected by the state. Doing a little research I came upon the following article – this discusses electrical power lines instead of gas ones, but I believe the principles are the same:

Protected Conservation Easements from Eminent Domain

The article states:

With respect to property owned wholly by a private entity, the FERC permit would entitle the permit holder to acquire a necessary right-of-way by eminent domain if the holder could not acquire the right-of-way through negotiation with the property owner. The court with jurisdiction over the condemnation proceedings would determine the just compensation owed, which would be the fair market value of the property on the date of the condemnation (including applicable severance damages).26
FERC permit holders may not, however, condemn property owned by the United States or a state. The 824p(e) exception states:

In the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, . . . the permit holder may acquire the right-of-way by the exercise of the right of eminent domain[.]
(Emphasis added.) Thus, because the exception precludes the use of eminent domain, if FERC were to issue a permit for a transmission facility slated to cross any federal or state property, the permit holder would need to reach agreement with the federal or state agency responsible for managing that property in order to obtain a right-of-way.27

The scope of the 824p(e) exception is uncertain. Whether the exception prohibits condemnation of partial interests in land (such as conservation easements) held or co-held by federal or state government has not been indicated by Congress and not yet determined by a court. The 824p(e) exception will apply to partial interests in land to the extent that these interests are considered “property,” and can be “owned.” Conservationists and some land management agencies presumably will seek an expansive interpretation of these terms to maximize the scope of the 824p(e) exception. DOE, FERC, and utility companies, in contrast, are likely to seek a narrow interpretation of these terms to maximize siting options.

So the question becomes, can farmland and Open Spaces protected by NJ open spaces easements be protected in this manner? I wish I knew the answer. I know all local conservation organizations up to the county level are against the pipeline (the Hunterdon County Board of Freeholders gave a resounding speech against the pipeline last night at the FERC scoping meeting). I have several state representatives and senators are against the pipeline. But I haven’t found any documentation on state agencies weighing in.

Carla and Dan’s submission is below:

Carla and Dan’s submission – FERC Generated PDF

Carla and Dan’s submission – FERC Generated PDF Alternate Site

Realtors say the pipeline will impact your land’s valuation

Betty in Stockton tells the FERC:

We have lived on this property about 41 years. We are going to be 75 this year. In June we started searching the possibility of selling because it is too difficult to do the needed work here now. As soon as the pipeline was made public for our area, realtors informed us the value of our property would go down considerably. This was our investment for our future. Without it, our lives will be very negatively impacted. Now that is on hold because people do not want to live near the pipeline. We do not either, but we would not be able to afford to move without adequate income from the property sale.

Most of the 17 acres of our property are wooded. Mostly mature hardwood trees. We have been in farmland assessment for woodlot management for many years. We followed the rules to manage the trees cut, etc. Our understanding is PennEast can come in and cut whatever they want. wherever they want. How is that right when we have worked to protect the forest and followed the rules? This property qualifies as farmland because of the trees and the mandates needed to make that possible. The trees are a valuable asset for our environment. They can not be replaced as mature trees.

From what I can tell the pipeline is running through land like this strictly because of the change in January to co-locate along the high voltage powerline easement. PennEast is just blindly following that easement and ignoring the fact that a powerline easement and a pipeline easement are two very, very different beasts. It seems terrible that people who have lived on their land for 41 years are having their lives turned upside down because PennEast can’t do their homework and keep changing their story on the pipeline details.

Arsenic in our water

Debra and John from Stockton, NJ made a FERC submission today that included comments from a Prof. Tullis Onstott, from the Department of Geosciences at Princeton University. He goes into detail explaining the unique geological makeup of Hunterdon County, and how constructing a pipeline through it is a really, really bad idea for residents. He states:

My second concern, however, is far more significant. The proposed route through Hunterdon County cut right through the Triassic shales of the Passaic and Lockatong Formations. It has been long established that these formations, particularly the Lockaton argillite belt that runs through Hunterdon, are the sources of arsenic in the groundwater in this region. Several New Jersey Geological Survey reports document the high arsenic levels in the wells in Hunterdon and Mercer counties. This belt of rocks form an arsenic hot spot. The groundwater supply is known to be vulnerable in these counties, but Hunterdon county is uniquely vulnerable because the farms and rural homes all rely upon well water. They have no access to the public water utilities of their much more populated neighbors. The privately-owned wells are the source of drinking water for
the families and for their livestock. These wells tap a surficial,unconfined, fractured rock aquifer in the Lockatong, Passiac and Stockton formations. The proposed PennEast pipeline cuts right through the arsenic hot spot where it can do the most damage to the drinking water supplies of the inhabitant. The soil cover is thin, so in order to bury the 36″ diameter pipeline they have to trench or drill through the bedrock.

This excavation will aerate the rock formation and expose the arsenic-bearing pyrite to oxidation which will released the arsenic as arsenate into the groundwater. This will occur on every ridge of ever drainage divide the pipeline will cross and I am told that the proposed route crosses 87 drainage divides. These same drainage divides are the recharge zones for the groundwater used by the farmer and rural residences. This, however, is not the worst aspect of the pipeline. Once the pipeline is buried, its components and any methane that leaks from the pipeline provides
reductants that will be consumed by anaerobic bacteria. These anaerobic bacteria will reduce the oxidized iron in the environment and will reduce the arsenate to arsenite, the highly mobile and toxic arsenic species.

The pipeline will continue to do this throughout it operational lifetime and, if left in the ground, after its lifetime. In summary the construction phase will generate arsenic and the operational phase will mobilize arsenic. By running the pipeline through the arsenic hotspot of New Jersey, PennEast will create an arsenic pipeline that emanates into the drinking water supply along its route and there is precious little that PennEast can do about it as long as it cuts across the strike of the Triassic basin units from northwest to southeast.

Finally, I have been told that PennEast will be tunneling underneath the water drainages. In Hunterdon county these drainages all run along fracture line faults into the Delaware River. That means during the construction phase the drilling contaminants will enter the water shed. During the operational phase arsenic concentrations will likely increase in the water sheds as well. But since PennEast does not have to comply to any kind of wetland restrictions, I am not sure that they could be held accountable to this form of pollution. That is tragic, but as I said earlier, my principle concern is about the drinking water supply in this rural part of New Jersey, the arsenic hot zone.

So. A highly poisonous form of arsenic will be in everyone’s well water. And will be in run off going through our propreties. And the pipeline is going over lots and lots of ridges so the impact will be tremendous in Hunterdon county.

And on top of that it will be running into the Delaware during construction, a major source of drinking water for the whole area.

Please visit the link below to read the rest of Debra and John’s submission. It contains a fascinating description of their property (their very old home was insulated with Horse hair!) and a not-so-flattering depiction of PennEast representatives pressuring them to sign their rights away before they force the issue with eminent domain.

John and Debra of Stockton – FERC Generated PDF

John and Debra of Stockton – FERC Generated PDF Alternate Site

Dreaming of daylilies…

The submission from Emma in Stockton below was one of the reasons I started this web site. It shows the costs of this pipeline go beyond material costs and environmental impacts.

This is my husband, Brant Switzler. Can you see the joy in his face? This is his DREAM. He has spent years cultivating a daylily farm. He has hand planted thousands of flowers, 350 different varieties that will all have to be moved if the Penn East’s pipeline permit is granted. This is NOT just a DITCH to be dug. This is a LIFE”S WORK. Please…

Please do visit the link below to see a picture of Brant and his humongous daylily plot…

Emma and Brant’s Daylilies – FERC Generated PDF

Emma and Brant’s Daylilies – FERC Generated PDF ALternate Site