Warwick Conservation Commission Town Hall 12 Athol Rd. Warwick, MA 01378 Massachusetts Energy Facilities Siting Board Stephen August, Presiding Officer August 12, 2015 Dear Mr. August, The Warwick Conservation Commission is taking this opportunity to comment to the EFSB on the Federal Energy Regulatory Commission's review of the Kinder Morgan/ Tennessee Gas Pipeline Co.'s proposed Northeast Direct (NED) natural gas pipeline project. We greatly appreciate the EFSB's decision to become an intervenor in the FERC process and hope that the EFSB will effectively and forcefully represent our concerns. The Warwick Conservation Commission would like to share some of its knowledge of relevant local conditions. We believe these conditions should be carefully considered during the preparation of the FERC environmental impact statement draft. We would like to point out that many of these conditions are not unique to the town of Warwick, but are shared by many of the other communities in Franklin and Berkshire Counties that the proposed main pipeline route would cross. Another purpose of this letter is to let you know our strong desire for you to advocate that any certificate of public convenience and necessity issued by FERC should be conditioned on compliance with all relevant Massachusetts laws and constitutional provisions, as well as all applicable federal laws, including but not limited to Article 97 of the Massachusetts Constitution, the Massachusetts Wetlands Protection Act, the Massachusetts Environmental Policy Act (MEPA), the Massachusetts Clean Water Act, the Massachusetts Endangered Species Act, the Massachusetts Historical Preservation Act, and the Massachusetts General Permits for Section 401 of the federal Clean Water Act, as well as any municipal wetlands bylaws. The proposed NED project is the largest ever proposed for the area. We do not believe that such a project should be subjected to lesser standards than what is ordinarily required for projects with much smaller environmental footprints, particularly at the stage where environmental information is being gathered. The Conservation Commission's greatest concern for the preparation of the Draft EIS for the proposed NED pipeline is requiring actual on-the-ground delineation of wetlands for the entire survey corridor and buffers. It is the Commission's experience that wetland resources in the town of Warwick, as shown on Department of Environmental Protection map layers, are under-represented by a factor of several times. In particular, we believe that forested wetlands, intermittent streams and vernal pools are the most seriously under-represented types of wetland resource areas. We believe that this under-reporting is due to the fact that map layers are developed chiefly by interpretation of aerial photos. The great majority of land in our town, as well as in many other towns along the proposed pipeline route is forested, and large numbers of wetland resources are hidden by the forest canopy, especially in areas dominated by coniferous trees. The thorough delineation of vernal pools, almost all of which are located under tree cover, is of particular concern to us. This Commission has devoted attention each spring to certification of vernal pools in Warwick, and it is our experience that their actual frequency is several times greater than what is suggested by the DEP map layer for potential vernal pools. Based on our findings the Massachusetts Natural Heritage and Endangered Species Program certifies several vernal pools a year. Nevertheless, we believe that only a small fraction of certifiable vernal pools along the potential NED corridor have actually been certified. We are particularly concerned that vernal pool habitat cannot be reliably replicated, making mitigation all but impossible. Obligate amphibian species, including several identified as rare under MEPA, are entirely dependent on these vernal pools for breeding. Not accurately delineating these pools risks destroying whole local populations. Since these species have an upland range of up to 1,000 feet from their breeding pools, we would like to request on-the-ground surveys for vernal pools within 1,000 feet of the potential project corridor. This reconnaissance must be done during the brief breeding season in April and May. The protection of perched wetlands is also a great concern for this Commission. In areas of shallow bedrock, these wetlands form in depressions in the underlying bedrock. Perched wetlands are particularly vulnerable to destruction by the opening of drainage fissures resulting from blasting during pipeline construction. Mitigation by replication is not possible in this case. Because of so much shallow bedrock topography along the proposed pipeline corridor in Warwick and other hilltowns, thorough on-the ground delineation of perched wetlands is imperative. Identification and prior testing of drinking water sources is another important concern of this Commission. The town of Warwick is entirely dependent on private springs and wells, both shallow and artesian, for its entire drinking water supply. Also, the Grandin Reservoir and its watershed of over 400 acres lies immediately downgradient of the proposed pipeline route in Warwick. The steep watershed of this reservoir, which serves over 250 households in the adjacent town of Northfield, is particularly vulnerable to erosion and pollution. Because much of the hydrology of our area is unknown, we request that the Draft EIS include testing of all private wells and public drinking water supplies within 5 miles of the proposed pipeline corridor. We believe that testing has to be performed by an independent party. It is important to establish an objective baseline for water quality prior to natural gas pipeline construction. Because the town of Warwick is immediately adjacent to and downwind of the proposed super powerful gas-fired compressor station in Northfield, the Commission also requests that the Draft EIS include prior baseline sampling of ambient air quality and noise levels within 5 miles of the proposed facility. Negative impacts from compressor stations, including and noise and air contamination, within a 5 mile radius are well documented. Since the Warwick State Forest is one of very few unbroken wildlife habitats remaining in Massachusetts, this sampling should also be done by an independent party and should be performed year round and at different times of day. In addition, we request a baseline study of bird migration in the nearby portion of the Connecticut River flyway, a major migration route. The Commission also strongly recommends that the Siting Board request that any FERC certificate include as a condition the most rigorous pipeline design standards (Class 4) for the entire pipeline route. Although catastrophic earthquakes are rare, our area is subject to not infrequent events of lesser magnitude, and there are a number of known fault lines in Warwick. We believe that the risk to local drinking water supplies, on which Warwick and almost all the other potentially affected towns rely, as well as the risk to unique natural resources on protected land, far outweighs any financial savings gained through minimum permissible design standards. The Commission also wants to see the Draft EIS include an evaluation of the cumulative effects of project on the large contiguous blocks of forest that comprise most of the potentially affected towns in Franklin and Berkshire Counties. Over 90% of our town is forest and over 50% of our land area is public conservation land protected under Article 97 of the Massachusetts Constitution. This largely unfragmented forested area is relatively free of invasive species and provides ideal habitat for a wide variety of animal and plant species, both common and rare. The combined effects of the proposed pipeline route drawn across this intact landscape could severely degrade its ecological integrity. We also would like to see a thorough inventory of cultural and archaeological resources in the proposed project area. We believe there are historic cemeteries, homesites, and turnpikes in the affected area. The Conservation Commission is very concerned that the timetable for the preparation of the Draft EIS is so short. The time frame proposed by FERC excludes any probability of objective baseline studies. For example, vernal pool surveys can be performed only in spring. We believe the public interest would be better served by a longer time frame that allows a minimum of one yearly natural cycle for a complete and thorough study of the complex environmental issues involved with the proposed project. We request that the Siting Board strongly advocate for this additional time, which enables: On-the-ground delineation of wetlands for the entire project corridor and buffers. On-the-ground surveys for vernal pools within 1,000 feet of the potential project corridor. Identification and prior testing of drinking water sources within 5 miles of the potential project corridor. Baseline sampling of ambient air quality and noise levels within 5 miles of the proposed compressor station and other pipeline facilities. Baseline study of bird migration in the nearby portion of the Connecticut River flyway. Again, we thank the Siting Board for this opportunity to comment. Sincerely, Gregory Brodski, Co-Chair Warwick Conservation Commission cc: Governor Charlie Baker Attorney General Maura Healey Senator Stanley Rosenberg Representative Susannah Whipps Lee Matthew Beaton, Secretary, MA Executive Office of Energy & Environmental Affairs Angela O'Connor, Chairman, MA Dept. of Public Utilities Martin Suuberg, Commissioner, MA Dept. of Environmental Protection George Peterson, Commissioner, MA Dept. of Fish & Game Carol Sanchez, Commissioner, MA Dept. of Conservation & Recreation U.S. Senator Elizabeth Warren U.S. Senator Edward Markey U.S. Representative James McGovern Northfield (MA) Conservation Commission Erving (MA) Conservation Commission Montague (MA) Conservation Commission Deerfield (MA) Conservation Commission Shelburne (MA) Conservation Commission Conway (MA) Conservation Commission Ashfield (MA) Conservation Commission Winchester (NH) Conservation Commission Richmond (NH) Conservation Commission Franklin Regional Council of Governments Eugene Benson, Executive Director, MA Association of Conservation Commissions Leigh Youngblood, Executive Director, Mount Grace Land Conservation Trust Millers River Watershed Council Connecticut River Watershed Council Athol (MA) Daily News The Recorder, Greenfield MA