River” that recommends the total removal of the existing pipeline from the river bottom, not only the Navigation Channel, because of the potential of pollution from the abandoned pipe itself which can negatively impact water quality and species that live in the river such as the federally protected Atlantic Sturgeon and other important flora and fauna. Iron is released into the river water as pipeline steel corrodes, negatively effecting water quality for riverine ecosystems. The residue of any materials that have not been adequately removed from the existing pipeline could also be released to the river should there be a vessel strike of the abandoned line that breaks it open to the water. There may also be thermal impacts that result from leaving the existing pipeline in the river bottom and impacts on the movement and habitat of fish and fishlife. These must be evaluated before any conclusions can be drawn about the lack of negative impacts to fish and other marine life in the river. Delaware Riverkeeper Network strongly objects to leaving any part of the old pipeline in the river bottom. Incomplete and Inaccurate Application The permit application does not provide all the information required for the Environmental Review report completed by the Department. Missing are answers to: “Pollution of groundwater or surface water or diminution of resources sufficient to interfere with uses”. Please see attached report by Hydroquest concerning the potential for groundwater pollution as a result of aquifer intrusion by drilling and the placement of a pipeline. There must be groundwater measurement and monitoring to ensure there is no change or diminution in groundwater resources. “Scenic Corridor Status” “Site inspection date”. Was this site never inspected by the Department? Is the Department relying solely on the applicant’s assessment of conditions at the site? Species Negatively Impacted by Project The Project location contains an Exceptional Value “Open Water” that is home to Pseudemys rubriventris. The northern red-bellied turtle (Pseudemys rubriventris) is a large aquatic turtle species that is listed as state threatened in Pennsylvania. By 1985 the red-bellied turtle was known to exist in Pennsylvania only in isolated colonies in a few counties. Small (less than thirty individuals) colonies were known in Manor and Silver lakes in Bucks County, the Tinicum wetlands in Philadelphia and Delaware Counties, the West Branch of Conococheague Creek in Franklin County and possibly Springton Reservoir in Delaware County. The Project would impact the red-bellied turtle population in a small pond classified as an Open Water and area wetlands.
thermal impacts of the placement the pipeline. Attached is a report that illustrates the warming of the land when a pipeline is placed near an Exceptional Value waterbody, which can have substantially degrading impacts on wetlands and dependent species. “Thermal Impacts to Exceptional Value Waterbodies in Pennsylvania Cut by Gas Pipeline Projects”. These impacts must be evaluated for the Open Water pond and wetlands at this site. The wetlands that will be impacted by the Project are not classified correctly, are not fully assessed in terms of uses and functions and therefore it cannot be concluded by the Department that there will be no adverse impacts to the waters or wetlands. The Department must classify the wetlands as Exceptional Value, requiring the permit be denied. Public Participation The public comment period has not been adequate for this Project. It should be extended so that the public can comment on any subsequent, complete application. Because the applicant has submitted an incomplete application and inaccurate assessments the public has been denied the ability to effectively comment on the application. Further, there is only a 30-day comment period provided and to obtain the records for this project through the Right to Know Law (RTKL) process, DRN was not able to obtain records through the RTKL prior to the expiration of the comment period. As an alternative means to allow access to the files, the Department provided DRN a file review on Thursday, Nov. 8, after DRN withdrew its RTKL request. We also note that the Environmental Review report conducted by the Department was not available in the file until sometime after its completion date of November 22, which was after the date of public notice in the Pennsylvania Bulletin of November 12. It was not available to any public who reviewed the file prior to at least November 22 or whenever the report was placed in the file. The Project seems to have been rushed through the approval process to meet a construction timeline laid out by the applicant, depriving the public of adequate records and time to review and comment. The short 30-day comment period and the missing, late-filed and inaccurate information in the file, are reasonable grounds for the Department to require that the comment period be extended should the Department not deny the permit outright. Conclusion In conclusion, the Project’s Water Obstructions and Encroachments permit application is incomplete and inaccurate, does not comply with Chapter 105 or the PA Code and is not consistent with a 401 Water Quality Certification under the Clean Water Act and as such should be denied. Respectfully submitted,