Draft – Connecticut Expansion Project Article 97 Legislation - Draft
An Act relative to the conveyance of an easement in the Town of Sandisfield,
Massachusetts.
Whereas, the deferred operation of this act would tend to defeat its purpose, which is to
provide forthwith for the conveyance of a certain easement in the town of Sandisfield, in the
county of Berkshire, therefore, it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same, as follows:
SECTION 1. Notwithstanding sections 34 to 38, inclusive, of chapter 7C of the General
Laws or any other general or special law to the contrary, the commissioner of capital asset
management and maintenance, in consultation with the commissioner of conservation and
recreation, may convey to the Tennessee Gas Pipeline Company, L.L.C. its successors and
assigns, permanent subsurface and surface easements for pipeline purposes, including related
appurtenances for the operation and maintenance of the pipeline such as pipeline markers, test
leads, cathodic protection facilities and appurtenances and AC mitigation, and permanent and
temporary access roads and work space easements over, under and through portions of certain
parcels of land managed and controlled by the department of conservation and recreation for
conservation and recreation purposes, located in the town of Sandisfield. The parcels are more
particularly described: (a) in a deed to the commonwealth recorded in book 254, page 428 with
the Berkshire Southern District Registry of Deeds and in a deed to the commonwealth recorded
in book 467, page 467 with the Berkshire Middle District Registry of Deeds; and (b) in an order
of taking by the commonwealth recorded in book 1780, page 322 with the Berkshire Southern
District Registry of Deeds. The permanent pipeline and temporary and permanent access roads
and work space easements shall be located as more fully described in plans entitled:
“Connecticut Expansion Project, Proposed 36” Line Crossing Property of: Commonwealth of
Massachusetts Department of Conservation and Recreation,” dated January 30, 2014, Drawing
Number TB-L12-200-3-LL 126 to be recorded with the Berkshire County registry of deeds and
“Connecticut Expansion Project, Proposed 36” Line Crossing Property of: Commonwealth of
Massachusetts Department of Conservation & Recreation,” dated January 30, 2014, Drawing
Number TB-L12-200-3-LL 128, sheets 1 of 4, 2 of 4, 3 of 4 and 4 of 4. The temporary access
road and work space easements that are shown on the plans shall expire and revert to the
commonwealth upon completion of the pipeline construction and restoration of permanent and
temporary easement areas. Modifications to the the easement description set forth in the plans
described above may be made in order to conform to the requirements of the Federal Energy
Regulatory Commission and with a final land survey, as accepted by the department, before any
conveyance to carry out the purposes of this act. Such plan shall be recorded in the Berkshire
Southern District and Middle District Registries of Deeds.
The easements shall be used to lay, construct, maintain, operate, repair, remove or replace the
gas transmission lines which are installed underground, together with appliances and
appurtenances necessary thereto, and access thereto.
1
SECTION 2. Notwithstanding any general or special law to the contrary, the
consideration to be paid by Tennessee Gas Pipeline Company, L.L.C. for the easements
authorized in this act shall be the full and fair market value, or the value in use as proposed,
whichever is greater, based upon an independent appraisal prepared in accordance with the usual
and customary professional appraisal practices by a qualified appraiser commissioned by the
commissioner of capital asset management and maintenance. The Tennessee Gas Pipeline
Company, L.L.C. shall assume all reasonable costs associated with any engineering, surveys,
appraisal, deed preparation and other expenses deemed necessary by the commissioner of capital
asset management and maintenance to execute the conveyance of easements authorized in said
section 1.
The commissioner of capital asset management and maintenance shall submit the appraisal and
report thereon to the inspector general for review and comment. The inspector general shall
review and approve the appraisal. The review shall include an examination of the methodology
used for the appraisal. The inspector general shall, within 45 days after receipt of the appraisal
and the reports thereon, prepare a report of the review and file the report with the commissioner
of capital asset management and maintenance, who shall provide a copy of the report to the
commissioner of conservation and recreation, and shall then submit the report to the house and
senate committees on ways and means and the house and senate committees on bonding, capital
expenditures and state assets before the execution of the easement deed.
SECTION 3. Notwithstanding any general or special law to the contrary, no instrument
conveying, by or on behalf of the commonwealth, an easement described in section 1 shall be
valid unless the instrument provides that the easement shall be used solely for the purposes
described in said section 1. The easement instrument shall state that if the pipeline within the
easement is abandoned by the Tennessee Gas Pipeline Company, L.L.C. or its successors or
assigns, and the same is approved by the Federal Energy Regulatory Commission, the easement
shall revert to the commonwealth under the control of and used by the department of
conservation and recreation upon such terms and conditions as the commissioner of capital asset
management and maintenance, in consultation with the commissioner of conservation and
recreation, may reasonably determine.
SECTION 4. To ensure a no-net-loss of lands protected for natural resource purposes,
the Tennessee Gas Pipeline Company, L.L.C. shall convey or cause to be conveyed to the
commonwealth, or provide funding to the department of conservation and recreation sufficient
for such purposes, lands or an interest in lands to be held and managed permanently by the
department of conservation and recreation for conservation and recreation purposes. The lands
or interest of lands or funding shall be equal to or greater than the full and fair market value of
the diminution of the land described in section 1, as determined by the independent professional
appraiser under section 2. The land or interest in land must be acceptable to the department of
conservation and recreation. Should the appraised value of any land or interests in land to be
conveyed to the commonwealth be determined to be greater than the appraised value of
easements described in section 1, the commonwealth shall have no obligation to pay the
difference to the Tennessee Gas Pipeline Company, L.L.C.. All payments made to the
commonwealth under this act shall be deposited in the Conservation Trust established in section
1 of chapter 132A of the General Laws.
2
3
Draft – DCR Section 61 Findings - Draft
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF CONSERVATION RECREATION
DRAFT FINDINGS PURSUANT TO M.G.L. c. 30, SECTION 61
Project Name:
Project Location:
EEA Number:
Project Proponent:
DCR Permits:
Connecticut Expansion Project
Agawam and Sandisfield
15205
Tennessee Gas Pipeline Company, LLC
Special Use Permit; Consistency with EEA Article 97 Land
Disposition Policy
General Findings:
These findings for the Connecticut Expansion Project, including construction and maintenance of
two natural gas pipeline loops, referred to in the FEIR as the Massachusetts Loop and the
Connecticut Loop, which will be located within the Commonwealth and municipalities of
Sandisfield and Agawam (“Project”), have been prepared in accordance with the provisions of
M.G.L. c. 30 Section 61 and 301 CMR 11.00. On April 17, 2015, the Secretary of Energy and
Environmental Affairs issued a Certificate concluding that the Final Environmental Impact
Report (“FEIR”) prepared for the Project, proposed by Tennessee Gas Pipeline Company, L.L.C.
(“Tennessee”) complied with the MEPA statute and regulations. The Certificate is incorporated
herein by reference.
A description of the potential impacts and the mitigation measures associated with the Project as
currently proposed is provided in Table A. These Findings and the mitigation measures are
based principally on the FEIR and the Revised Draft Section 61 Findings provided by Tennessee
and filed with MEPA for public comment on May 4, 2015 pursuant to the Certificate.
As currently described, the Project will require the following Department of Conservation and
Recreation (“DCR”) Permits: Special Use Permit; Consistency Review with EEA Article 97
Land Disposition Policy.
Project Description:
As described in the FEIR, the Project in Massachusetts consists of two components: the
construction of a 3.8 mile 36–inch outside diameter pipeline within or adjacent to the existing
Tennessee right-of-way (“ROW”) in Sandisfield (“the Massachusetts Loop”) and construction of
a .11 mile 36-inch outside diameter pipeline within or adjacent to the existing Tennessee ROW
in Agawam (“the Connecticut Loop”). The Project will also include construction of appurtenant
facilities to be located within the existing ROWs, including facilities for the operation and
1
Draft – DCR Section 61 Findings - Draft
maintenance of the pipelines such as mainline valves, blow down valves, pig launchers, pig
receivers and associated valves and piping and pipeyard/staging areas.
The Project will require temporary and permanent impacts to wetland resources. These impacts
include stream crossings, returning Spectacle Pond Brook to a natural condition, alteration of
habitat, and withdrawal of more than one million gallons of water from Lower Spectacle Pond in
Sandisfield, for a hydrostatic test of the assembled pipeline.
Alternative locations in Sandisfield for a pipeyard/staging area are under review and would
replace the proposed staging area in Tyringham. Any impacts resulting from use of alternative
locations will be reviewed during the permitting process. The Tyringham location is subject to
an Agricultural Preservation Restriction (“APR”) that only allows non-agricultural uses that are
ancillary to the agricultural use of the property. If the Tyringham property is included in the
Project, the FEIR indicates that Tennessee will work with the Massachusetts Department of
Agriculture and the property owner to address process and mitigation.
The FEIR included a greenhouse gas (“GHG”) analysis pursuant to the EEA Greenhouse Gas
Policy, and evaluated GHG emissions associated with land alteration and loss of carbon storage.
As required in the Certificate Tennessee will provide a self-certification to the MEPA Office
indicating that all of the required mitigation measures, or their equivalent, have been completed
to reduce or eliminate these emissions. The FEIR also included descriptions and plans for
managing and mitigating any impacts due to blasting.
Approximately two miles of the pipeline will pass through Otis State Forest in Sandisfield along
the existing pipeline easement and will impact approximately 29 acres of this public state forest
land. The Project in this area will require a new permanent easement of approximately 6.19
acres, the temporary use of 7.2 acres located within the existing right-of-way (“ROW”)
easement, and approximately 15 acres of temporary work space and additional temporary
workspace outside the existing ROW that will be cleared and regraded during construction,
resulting in long-term impacts. The FEIR included an analysis of the Project’s consistency with
EEA’s Article 97 Policy and the mitigation proposed therein is summarized below in Table A.
History of MEPA Review:
The potential environmental impacts of the Project have been characterized and quantified
through the MEPA review process. On May 15, 2014 Tennessee filed an Expanded
Environmental Notification Form (EENF). The Secretary of Energy and Environmental Affairs
issued a Certificate on July 11, 2014 stating that the Project required the filing of a Draft
Environmental Impact Report (“DEIR”), which was then submitted on September 30, 2014. On
November 14, 2014 the Secretary issued a Certificate stating that the DEIR adequately and
appropriately complied with MEPA and required the filing of a Final Environmental Impact
Report (“FEIR”), which Tennessee filed on March 2, 2015. The Secretary issued a Certificate on
April 17, 2015 determining that the FEIR adequately and properly complies with MEPA. The
Certificate required that a revised draft Section 61 Findings be filed for review and comment,
which was filed on April 30, 2015 and published May 4, 2015 for public comment.
2
Draft – DCR Section 61 Findings - Draft
As noted in the FEIR, the location of the loops is dependent on the destination of the gas and
flow dynamics of the pipeline system and will provide a modest expansion of capacity within a
regional network of natural gas infrastructure. MEPA required review of alternatives which are
summarized in the FEIR. Tennessee has proposed mitigation for the impacts associated with the
Project which are summarized in Table A.
Table A – Summary of Impacts and Mitigation
DCR Permit
Construction
Permit
Impact
Use of 28.71 acres within the
Otis State Forest, including:

Two temporary access
roads (Access Roads
MA-2 and MA-3, FEIR
Table 2-5),

One Permanent access
road (Access Road
MA-1, FEIR Table 25),

17 acres for temporary
during construction,


Permanent easement
comprising 6.19 acres
adjacent to the existing
right-of-way (“ROW”)
to accommodate the
installation of the new
36-inch natural gas
pipeline loop,
Mitigation Measures
Mitigation included in permit:
$300,000 deposited in the Conservation
Trust for DCR to acquire land; and
Funds deposited in the Conservation Trust
associated with the following:

DCR Permit fee of $11,000 per acre
to compensate for impacts within
the temporary construction
easement ($165,000 for the use of
15 acres); and

Compensation of $12,000 per acre
for impacts associated with the new
permanent easement ($74,280
based on 6.19 acres)
Delivery of forest products to DCR for its
use, sale and management;
Provide gated access roads and control of
all-terrain vehicles; and
Replant edge of Access Road MA-1with
saplings/trees after construction to previous
width to deter all-terrain vehicles use and
to reduce visual impact resulting from
construction.
Expanded use of 7.3
acres on the existing
ROW easement
Employ a third-party observer to consult
with on-site representatives of DCR to
identify specimen trees and other features
to be avoided during construction.
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Draft – DCR Section 61 Findings - Draft
Wetlands mitigation referenced in the
Certificate, and subject to MassDEP’s
jurisdiction, will further mitigate impacts.
Article 97
Legislation for
permanent
easement
Transfer of permanent
easement in land within Otis
State Forest. Tennessee’s draft
proposed legislation is attached
hereto.
Compensation for 6.19 acres of permanent
easement to be determined by the
Executive Office of Administration and
Finance, Division of Capital Asset
Management and Maintenance
(“DCAMM”).
Findings:
Based on its review of the MEPA documents, the permit application, public comments and
DCR’s regulations, DCR finds the terms and conditions to be incorporated into the permits
required for the Project and the mitigation commitments set forth in the attached Table A will
constitute all feasible measures to avoid damage to the environment and will minimize and
mitigate such damage to the maximum extent practicable for those impacts subject to DCR’s
authority. Implementation of the mitigation measures will occur in accordance with the terms
and conditions set forth in the permits.
Department of Conservation and Recreation
__________________________________________________
Name, Title
4
________________
Date
Draft – DFW Section 61 Findings - Draft
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DIVISION OF FISHERIES AND WILDLIFE
NATURAL HERITAGE AND ENDANGERED SPECIES PROGRAM
DRAFT FINDINGS PURSUANT TO M.G.L. c. 30, SECTION 61
Project Name:
Project Location:
EEA Number:
Project Proponent:
DFW Permits:
Connecticut Expansion Project
Agawam and Sandisfield
15205
Tennessee Gas Pipeline Company, LLC
Massachusetts Endangered Species Act, No Take
Determination
General Finding:
These findings for the Connecticut Expansion Project, including construction and maintenance of
two natural gas pipeline loops, referred to in the FEIR as the Massachusetts Loop and the
Connecticut Loop, which will be located within the Commonwealth and municipalities of
Sandisfield and Agawam (“Project”), have been prepared in accordance with the provisions of
M.G.L. c. 30 Section 61 and 301 CMR 11.00. On April 17, 2015, the Secretary of Energy and
Environmental Affairs issued a Certificate concluding that the Final Environmental Impact
Report (“FEIR”) prepared for the Project, proposed by Tennessee Gas Pipeline Company L.L.C.
(“Tennessee”) complied with the MEPA statute and regulations. The Certificate is incorporated
herein by reference.
A description of the potential impacts and the mitigation measures associated with the Project as
currently proposed is provided in Table A. These Findings and the mitigation measures are
based principally on the FEIR and the Revised Draft Section 61 Findings provided by Tennessee
and filed with MEPA for public comment on May 4, 2015 pursuant to the Secretary’s April 17,
2015 Certificate.
As currently described, the Project will require the following Division of Fisheries and Wildlife
Natural Heritage and Endangered Species Program (“DFW” or “NHESP”) Permits: “No Take”
Determination, Massachusetts Endangered Species Act, M.G.L. c. 131A, 321 CMR 10.00.
Project Description:
As described in the FEIR, the Project in Massachusetts consists of two components: the
construction of a 3.8 mile 36–inch outside diameter pipeline within or adjacent to the existing
Tennessee right-of-way (“ROW”) in Sandisfield (“the Massachusetts Loop”) and construction of
a .11 mile 36-inch outside diameter pipeline within or adjacent to the existing Tennessee ROW
1
Draft – DFW Section 61 Findings - Draft
in Agawam (“the Connecticut Loop”). The Project will also include construction of appurtenant
facilities to be located within the existing ROWs, including facilities for the operation and
maintenance of the pipelines such as mainline valves, blow down valves, pig launchers, pig
receivers and associated valves and piping and pipeyard/staging areas.
The Project will require temporary and permanent impacts to wetland resources. These impacts
include stream crossings, returning Spectacle Pond Brook to a natural condition, alteration of
habitat, and withdrawal of more than one million gallons of water from Lower Spectacle Pond in
Sandisfield for a hydrostatic test of the assembled pipeline.
Alternative locations in Sandisfield for a pipeyard/staging area are under review and would
replace the proposed staging area in Tyringham. Any impacts resulting from use of alternative
locations will be reviewed during the permitting process. The Tyringham location is subject to
an Agricultural Preservation Restriction (“APR”) that only allows non-agricultural uses that are
ancillary to the agricultural use of the property. If the Tyringham property is included in the
Project, the FEIR indicates that Tennessee will work with the Massachusetts Department of
Agriculture and the property owner to address process and mitigation.
The FEIR included a greenhouse gas (“GHG”) analysis pursuant to the EEA Greenhouse Gas
Policy, and evaluated GHG emissions associated with land alteration and loss of carbon storage.
As required in the Certificate directs Tennessee will provide a self-certification to the MEPA
Office indicating that all of the required mitigation measures, or their equivalent, have been
completed to reduce or eliminate these emissions. The FEIR also included descriptions and
plans for managing and mitigating any impacts due to blasting.
NHESP issued a “No Take” determination for the Project on October 15, 2014.
History of MEPA Review:
The potential environmental impacts of the Project have been characterized and quantified
through the MEPA review process. On May 15, 2014 Tennessee filed an Expanded
Environmental Notification Form (EENF). The Secretary of Energy and Environmental Affairs
issued a Certificate on July 11, 2014 stating that the Project required the filing of a Draft
Environmental Impact Report (“DEIR”), which was then submitted on September 30, 2014. On
November 14, 2014 the Secretary issued a Certificate stating that the DEIR adequately and
appropriately complied with MEPA and required the filing of a Final Environmental Impact
Report (“FEIR”), which Tennessee filed on March 2, 2015. The Secretary issued a Certificate on
April 17, 2015 determining that the FEIR adequately and properly complies with MEPA. The
Certificate required that a revised draft Section 61 Findings be filed for review and comment,
which was filed on April 30, 2015 and published May 4, 2015 for public comment.
As noted in the FEIR, the location of the loops is dependent on the destination of the gas and
flow dynamics of the pipeline system and will provide a modest expansion of capacity within a
2
Draft – DFW Section 61 Findings - Draft
regional network of natural gas infrastructure. MEPA required review of alternatives which are
summarized in the FEIR. Tennessee has proposed mitigation for the impacts associated with the
Project which are summarized in Table A.
Table A – Summary of Impacts and Mitigation
NHESP
Rare Species “No Take”
Determination
Impact
Limited activities within
Priority Habitat or Estimated
Habitats, along with
acceptable construction
BMPs, with an intent to
achieve a “No Take”
determination of listed species
or listed habitat.
NHSEP issued a “No Take”
determination on October 15,
2014.
Mitigation
Through active consultation
with NHESP, develop and
implement avoidance and
minimization measures to
protect rare species habitat and
avoid direct species impacts.
Avoid and minimize impacts
through erosion and
sedimentation controls, preconstruction surveys,
contractor-awareness
programs, and construction
phase monitoring and
relocation.
Use screen at the end of intake
hose to prevent entrainment of
organisms in Lower Spectacle
Pond.
Withdraw water from Lower
Spectacle Pond in the fall to
avoid flight period of Umber
Shadowdragon.
If Tyringham pipeyard is used,
place construction mats and
install perimeter fencing in
late winter/early spring prior
to use of site by Wood Turtles
and Sedge Wren.
Findings:
Based on its review of the MEPA documents, the permit application, public comments and
NHESP’s regulations, NHESP finds the terms and conditions to be incorporated into the permits
required for the Project and the mitigation commitments set forth in the attached Table A will
3
Draft – DFW Section 61 Findings - Draft
constitute all feasible measures to avoid damage to the environment and will minimize and
mitigate such damage to the maximum extent practicable for those impacts subject to NHESP’s
authority. Implementation of the mitigation measures will occur in accordance with the terms
and conditions set forth in the permits.
DIVISION OF FISHERIES AND WILDLIFE
NATURAL HERITAGE AND ENDANGERED SPECIES PROGRAM
______________________________________
Name, Title
_____________________
Date
4
DRAFT – MassDEP Section 61 Findings - DRAFT
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION
DRAFT FINDINGS PURSUANT TO M.G.L. c. 30, SECTION 61
Project Name:
Project Location:
EEA Number:
Project Proponent:
MassDEP Permits:
Connecticut Expansion Project
Agawam and Sandisfield
15205
Tennessee Gas Pipeline Company, LLC
401 Water Quality Certification, Nonconsumptive Use Approval
General Finding:
These findings for the Connecticut Expansion Project, including construction and maintenance of
two natural gas pipeline loops, referred to in the FEIR as the Massachusetts Loop and the
Connecticut Loop, which will be located within the Commonwealth and municipalities of
Sandisfield and Agawam (“Project”), have been prepared in accordance with the provisions of
M.G.L. c. 30 Section 61 and 301 CMR 11.00. On April 17, 2015, the Secretary of Energy and
Environmental Affairs issued a certificate concluding that the Final Environmental Impact
Report (“FEIR”) prepared for the Project, proposed by Tennessee Gas Pipeline Company, L.L.C.
(“Tennessee”) complied with the MEPA statute and regulations. The Certificate is incorporated
herein by reference.
A description of the potential impacts and the mitigation measures associated with the Project as
currently proposed is provided in Table A. These Findings and the mitigation measures are
based principally on the FEIR and the Revised Draft Section 61 Findings provided by Tennessee
and filed with MEPA for public comment on May 4, 2015 pursuant to the Secretary’s April 17,
2015 Certificate.
As currently described, the Project will require the following Massachusetts Department of
Environmental Department (“MassDEP”) Permits: 401 Water Quality Certification, M.G.L. c.
21, 314 CMR 9.00 and Water Withdrawal Approval for Nonconsumptive Use, M.G.L.c. 21G,
310 CMR 36.00.
Project Description:
As described in the FEIR, the Project in Massachusetts consists of two components: the
construction of a 3.8 mile 36–inch outside diameter pipeline within or adjacent to the existing
1
DRAFT – MassDEP Section 61 Findings - DRAFT
Tennessee right-of-way (“ROW”) in Sandisfield (“the Massachusetts Loop”) and construction of
a .11 mile 36-inch outside diameter pipeline within or adjacent to the existing Tennessee ROW
in Agawam (“the Connecticut Loop”). The Project will also include construction of appurtenant
facilities to be located within the existing ROWs, including facilities for the operation and
maintenance of the pipelines such as mainline valves, blow down valves, pig launchers, pig
receivers and associated valves and piping and pipeyard/staging areas.
The Project will require temporary and permanent impacts to wetland resources. These impacts
include stream crossings, returning Spectacle Pond Brook to a natural condition, alteration of
habitat, and withdrawal of more than one million gallons of water from Lower Spectacle Pond in
Sandisfield for a hydrostatic test of the assembled pipeline.
Alternative locations in Sandisfield for a pipeyard/staging area are under review and would
replace the proposed staging area in Tyringham. Any impacts resulting from use of alternative
locations will be reviewed during the permitting process. The Tyringham location is subject to
an Agricultural Preservation Restriction (“APR”) that only allows non-agricultural uses that are
ancillary to the agricultural use of the property. If the Tyringham property is included in the
Project, the FEIR indicates that Tennessee will work with Massachusetts Department of
Agriculture and the property owner to address process and mitigation.
The FEIR included a greenhouse gas (“GHG”) analysis pursuant to the EEA Greenhouse Gas
Policy, and evaluated GHG emissions associated with land alteration and loss of carbon storage.
As required in the Certificate Tennessee will provide a self-certification to the MEPA Office
indicating that all of the required mitigation measures, or their equivalent, have been completed
to reduce or eliminate these emissions. The FEIR also included descriptions and plans for
managing and mitigating any impacts due to blasting.
History of MEPA Review:
The potential environmental impacts of the Project have been characterized and quantified
through the MEPA review process. On May 15, 2014 Tennessee filed an Expanded
Environmental Notification Form (EENF). The Secretary of Energy and Environmental Affairs
issued a Certificate on July 11, 2014 stating that the Project required the filing of a Draft
Environmental Impact Report (“DEIR”), which was then submitted on September 30, 2014. On
November 14, 2014 the Secretary issued a Certificate stating that the DEIR adequately and
appropriately complied with MEPA and required the filing of a Final Environmental Impact
Report (“FEIR”), which Tennessee filed on March 2, 2015. The Secretary issued a Certificate on
April 17, 2015 determining that the FEIR adequately and properly complies with MEPA. The
Certificate required that a revised draft Section 61 Findings be filed for review and comment,
which was filed on April 30, 2015 and published May 4, 2015 for public comment.
As noted in the FEIR, the location of the loops is dependent on the destination of the gas and
flow dynamics of the pipeline system and will provide a modest expansion of capacity within a
2
DRAFT – MassDEP Section 61 Findings - DRAFT
regional network of natural gas infrastructure. MEPA required review of alternatives which are
summarized in the FEIR. Tennessee has proposed mitigation for the impacts associated with the
Project which are summarized in Table A.
Table A – Summary of Proposed Mitigation
MassDEP
Permit
401 Water
Quality
Certification
Land Under
Water and
Waterways,
Bank
Impact
Mitigation Measures
Temporary impacts to
10.23 acres of bordering
vegetative wetlands, 2.24
acres of which will
remain as permanently
impacted and converted
from palustrine forested
wetland and scrub-shrub
wetland to low scrubshrub vegetated cover.
Restore temporary wetland alterations in situ.
Permanent fill for access
road placed on 0.11
acres.
Temporary impacts to
615 sf of Land Under
Water and 120 lf of Bank
due to four construction
stream crossings.
Mitigation for permanent impacts for 2.24 acres
converted to scrub-shrub vegetated cover may also
include wetland replication, land preservation,
and/or payment to the USACE In-Lieu Fee Program
for Massachusetts.
Permanent impacts will be mitigated through
replication of BVW at a ratio of greater than 1:1
ratio to compensate for the 0.11 acres of filled
BVW in accordance with MassDEP and USACE
permitting requirements.
Restore the affected resource areas in situ.
Perform construction under a SWPPP, which would
include appropriate BMPs to avoid/minimize
stormwater impacts.
Remove existing corroded culverts from Spectacle
Pond Brook as part of stream crossing construction.
Minimize impacts to wetlands using the following
construction techniques/practices:
Mark wetlands and signature trees and delineate
ROW to prevent unnecessary tree cutting;
Limit construction workspace in wetlands to 75
feet;
Segregate 12 inches of topsoil and restore it after
pipeline installation;
Expedite construction in wetlands area;
Permanently stabilize upland areas adjacent to
wetlands as soon as possible after backfilling;
3
DRAFT – MassDEP Section 61 Findings - DRAFT
Periodically inspect ROW during and after
construction;
Repair erosion control or restoration features until
area permanently revegetated;
Use of construction mats to minimize permanent
alteration of wetlands;
Temporary erosion controls around worksites in or
near wetlands to minimize erosion and
sedimentation;
Avoid or minimize access through wetlands to
extent practical. Where access roads must be
improved or developed, the roads will be designed,
where practical, so as not to interfere with surface
water flow or the functions of the wetland;
Limit grading for access roads in wetlands to the
amount necessary to provide a safe workspace;
Comply with federal and state permits and
conditions;
Avoid piling woody wetland vegetation so as to
block surface water flows to wetlands;
Cut forested wetland vegetation without removing
stumps unless it is determined that intact stumps
pose a safety concern;
Refuel construction equipment (apart from
equipment that cannot be practically moved) 100
feet or more from a wetland. If refueling must
occur within a wetland, provide temporary
containment;
Store petroleum products in areas farther than 100
ft from wetland boundaries;
Avoid high flow/spawning period when working in
streams;
Maintain downstream flow rates;
4
DRAFT – MassDEP Section 61 Findings - DRAFT
Restore stream channels and bottoms to original
configurations and contours;
Permanently stabilize stream banks and adjacent
upland areas;
Restore original contours and flow regimes upon
backfilling of trench;
Use cofferdams upstream and downstream of
Spectacle Pond Brook crossing and use pumps to
maintain downstream flow.
Additional
Wetland
Resource
Areas
Temporary impacts to
portions of three noncertified vernal pools.
Avoid and minimize impacts through project
design, sequence/timing, use of BMPs and control
of sediment and erosion from adjacent areas.
25 sf of operational
impact to one vernal
pool, but no change in
vegetative cover type.
Restore any unavoidable impacted area in situ.
Perform tree clearing around vernal pool areas in
the summer (between June and September) or
winter (October 1 to March 31) to avoid impacts to
amphibians and migratory birds;
Minimize removal of low-growing vegetation
surrounding breeding pools; and
Restore non-certified vernal pools by segregating
soils for reuse, match preconstructtion topography
and microtopography, adding two inches of mulch
matching leaf litter from nearby trees, applying
wetlands seed mix, plant trees, shrubs, herbaceous
vegetation and implementing invasive species
control.
Wildlife
Habitat
Limited activities within
Priority Habitat or
Estimated Habitats, along
with acceptable
construction BMPs.
Through active consultation with NHESP, develop
and implement avoidance and minimization
measures to avoid direct impacts to rare species
habitat including BMPs to control erosion and
sedimentation.
Use screen at the end of intake hose to prevent
entrainment of organisms in Lower Spectacle Pond.
Water
withdrawal
Withdrawal of 1,025,100
gallons of water from
Through consultation with the Town of Sandisfield
and MassDEP, determine location of discharge to
5
DRAFT – MassDEP Section 61 Findings - DRAFT
Lower Spectacle Pond
and discharge of same to
upland location.
the ground through a filter or containment structure
to a vegetated upland area.
Discharge rate of the test water will be regulated
using valves and energy dissipation diversion to
prevent erosion.
Tie-in locations will be cleaned and restored after
hydrostatic testing. No use of additive is
anticipated, but should any be needed detailed
information will be provided with application for
nonconsumptive use approval.
Withdraw water from Lower Spectacle Pond in the
fall to avoid flight period of Umber Shadowdragon.
Findings:
Based on its review of the MEPA documents, the permit application, public comments and
MassDEP’s regulations, MassDEP finds the terms and conditions to be incorporated into the
permits required for the Project and the mitigation commitments set forth in the attached Table A
will constitute all feasible measures to avoid damage to the environment and will minimize and
mitigate such damage to the maximum extent practicable for those impacts subject to
MassDEP’s authority. Implementation of the mitigation measures will occur in accordance with
the terms and conditions set forth in the permits.
Massachusetts Department of Environmental Protection,
______________________________________________
Name, Title
6
_______________________
Date
Draft – MHC Section 61 Findings - Draft
MASSACHUSETTS HISTORICAL COMMISSION
DRAFT FINDING PURSUANT TO M.G.L. c. 30, SECTION 61
Project Name:
Connecticut Expansion Project
Project Location:
EEA Number:
Project Proponent:
MHC Approvals:
Agawam and Sandisfield
15205
Tennessee Gas Pipeline Company, LLC
Antiquities Act Authorization; National Historic Preservation Act of
1966 Authorization
General Findings:
These findings for the Connecticut Expansion Project, including construction and maintenance of
two natural gas pipeline loops, referred to in the FEIR as the Massachusetts Loop and the
Connecticut Loop, which will be located within the Commonwealth and municipalities of
Sandisfield and Agawam (“Project”), have been prepared in accordance with the provisions of
M.G.L. c. 30 Section 61 and 301 CMR 11.00. On April 17, 2015, the Secretary of Energy and
Environmental Affairs issued a Certificate concluding that the Final Environmental Impact
Report (“FEIR”) prepared for the Project, proposed by Tennessee Gas Pipeline Company L.L.C
(“Tennessee”) complied with the MEPA statute and regulations. The Certificate is incorporated
herein by reference.
A description of the potential impacts and the mitigation measures associated with the Project as
currently proposed is provided in Table A. These Findings and the mitigation measures are
based principally on the FEIR and the Revised Draft Section 61 Findings provided by Tennessee
and filed with MEPA for public comment on May 4, 2015 pursuant to the Certificate.
As currently described, the Project will require the following Massachusetts Historical
Commission (“MHC”) Permits: Antiquities Act Authorization, M.G.L. c. 9, section 26-27C, 950
CMR 71.00; National Historic Preservation Act of 1966 Authorization.
Project Description:
As described in the FEIR, the Project in Massachusetts consists of two components: the
construction of a 3.8 mile 36–inch outside diameter pipeline within or adjacent to the existing
Tennessee right-of-way (“ROW”) in Sandisfield (“the Massachusetts Loop”) and construction of
a .11 milw 36-inch outside diameter pipeline within or adjacent to the existing Tennessee ROW
in Agawam (“the Connecticut Loop”). The Project will also include construction of appurtenant
facilities to be located within the existing ROWs, including facilities for the operation and
1
Draft – MHC Section 61 Findings - Draft
maintenance of the pipelines such as mainline valves, blow down valves, pig launchers, pig
receivers and associated valves and piping and pipeyard/staging areas.
The Project will require temporary and permanent impacts to wetland resources. These impacts
include stream crossings, returning Spectacle Pond Brook to a natural condition, alteration of
habitat, and withdrawal of more than one million gallons of water from Lower Spectacle Pond in
Sandisfield for a hydrostatic test of the assembled pipeline.
Alternative locations in Sandisfield for a pipeyard/staging area are under review and would
replace the proposed staging area in Tyringham. Any impacts resulting from use of alternative
locations will be reviewed during the permitting process. The Tyringham location is subject to an
Agricultural Preservation Restriction (“APR”) that only allows non-agricultural uses that are
ancillary to the agricultural use of the property. If the Tyringham property is included in the
Project, the FEIR indicates that Tennessee will work with the Massachusetts Department of
Agriculture and the property owner to address process and mitigation.
The FEIR included a greenhouse gas (“GHG”) analysis pursuant to the EEA Greenhouse Gas
Policy, and evaluated GHG emissions associated with land alteration and loss of carbon storage.
As required in the Certificate, Tennessee will provide a self-certification to the MEPA Office
indicating that all of the required mitigation measures, or their equivalent, have been completed
to reduce or eliminate these emissions. The FEIR also included descriptions and plans for
managing and mitigating any impacts due to blasting.
History of MEPA Review:
The potential environmental impacts of the Project have been characterized and quantified
through the MEPA review process. On May 15, 2014 Tennessee filed an Expanded
Environmental Notification Form (EENF). The Secretary of Energy and Environmental Affairs
issued a Certificate on July 11, 2014 stating that the Project required the filing of a Draft
Environmental Impact Report (“DEIR”), which was then submitted on September 30, 2014. On
November 14, 2014 the Secretary issued a Certificate stating that the DEIR adequately and
appropriately complied with MEPA and required the filing of a Final Environmental Impact
Report (“FEIR”), which Tennessee filed on March 2, 2015. The Secretary issued a Certificate on
April 17, 2015 determining that the FEIR adequately and properly complies with MEPA. The
Certificate required that a revised draft Section 61 Findings be filed for review and comment,
which was filed on April 30, 2015 and published May 4, 2015 for public comment.
As noted in the FEIR, the location of the loops is dependent on the destination of the gas and
flow dynamics of the pipeline system and will provide a modest expansion of capacity within a
regional network of natural gas infrastructure. MEPA required review of alternatives which are
summarized in the FEIR. Tennessee has proposed mitigation for the impacts associated with the
Project which are summarized in Table A.
2
Draft – MHC Section 61 Findings - Draft
Table A – Summary of Proposed Mitigation
MHC
Cultural Resources
Impacts
Potential impact to culturally
significant sites
Mitigation
Mark identified
historic/archaeological
resources in the field so that
they may be avoided by
construction operations;
Implement Unanticipated
Discovery Plan if
archaeological objects are
discovered.
Findings:
Based on its review of the MEPA documents, projection notification form, public comments and
MHC’s regulations, MHC finds the terms and conditions to be incorporated into the permits
required for the Project and the mitigation commitments set forth in the attached Table A will
constitute all feasible measures to avoid damage to the environment and will minimize and
mitigate such damage to the maximum extent practicable for those impacts subject to MHC’s
authority. Implementation of the mitigation measures will occur in accordance with the terms
and conditions set forth in the permits.
Massachusetts Historical Commission
_____________________________________________
Name, Title
3
__________________
Date