Watching An Environmental Disaster In The Making

The Rockies Express (REX) East pipeline right of way clearing has been going on for several weeks. The REX contractors took off for Christmas and left us with this mess which we discovered today, December 28, 2008. These photos were shot in western Franklin County (Indiana) less than a mile from my home. The location is just north of Snake Road, along a creek that is known to be prone to extreme flooding conditions. You can't see any of the 42" pipe yet, but the erosion is apparent. Note especially the "porta potty" sitting in the rain-made pool. Also, if you observe the pictures showing the ROW clearing coming down the hill (looking West), you can see the erosion ruts already. No effort to control the erosion appears in these pictures, such as straw on the hillside or effective barriers. So, as REX prepares to cut through the creek to lay their pipe, more damage will occur.

Due to the highly erodible, sandy nature of soil in this area of Indiana, the pipe will be subject to nature's ferocity when the normal Spring, Summer and Fall rainfalls swell the creeks and overflow the banks.

All of this information was provided to the FERC earlier, but it fell on deaf ears. REX's real problems will start after they bury their pipe. They have not studied the flooding history in this area, nor do they have any known plans to compensate for it. But, the gas will flow and they will make their money regardless!

REX equipment along ROW










The Creek Looking North









A Few Feet Farther North

Portable Potty in the Construction Area

US Forest Service to clear way for pipeline

Ms. Harwood brings up a valid point, "Why should we allow an energy company special treatment?" The unfortunate answer is that the federal government passed a law called the Natural Gas Act of 1938 that gives companies who transport natural gas special legal status, including the right to use Eminent Domain, to acquire the rights of way to build their pipelines. This power does not extend even to oil transportation companies, only those transporting natural gas. So, if the Oregonians try to fight this on the basis that a private company should not be allowed to run a pipeline through government property, they will run afoul of a body of well established law that states they have the right to do it. Their only hope is to raise political awareness NOW before the Palomar proponents submit a pre-application to FERC for a preliminary determination of the environmental acceptability of the general path of the pipeline. If it gets to the pre-filing stage at FERC, the battle will more than likely be lost! I cannot emphasize this too much, FERC is tasked with paving the way for, not stopping, natural gas pipeline projects. If FERC does there approval, the U.S. Forest Service will fall into line.
The new administration in Washington, and most environmental groups, think a natural gas pipeline is a better alternative than coal or oil sources of supply, so they will not oppose it.
Palomar needs to know now that the the Oregon federal congress members, House and Senate, oppose the path through Mount Hood. A pipeline right of way 47 miles long, and 120 feet wide, means a huge swath of forest will be decimated. The permanent easement will probably be 50 feet wide, but all old growth trees will be gone, 70 feet will be replanted, and 50 feet will be barren forever! Build the coalition now or all will be lost!

12/25/2008, 3:09 p.m. PST
The Associated Press

PORTLAND, Ore. (AP) — The U.S. Forest Service plans to alter its environmental standards to allow a proposed $800 million natural gas pipeline to run through 47 miles of Mount Hood National Forest.

The proposed Palomar pipeline would require opening a path measuring 120 feet wide. The path would stretch through forest areas that have been protected from clear-cutting and other disturbances under the department's management plans.
The Forest Service would also have to revise other rules, such as limiting cutting around Wild and Scenic Clackamas River, spotted owl habitats and recreational areas.

The pipeline is a joint venture of Northwest Natural Gas Co. and TransCanada Corp. Construction is scheduled to start in November 2011.
If approved, it will feed into a natural gas network east of the Cascades and extend across 217 miles.

Supporters of the project say it would provide a much-needed alternative to a natural gas pipeline running through the Columbia River Gorge and into the Willamette Valley.

Natural gas is a resource that could ease potential petroleum shortages and provide an alternative to coal, which generates about 40 percent of the electricity used in Oregon, Palomar spokesman David Dodson said.

"We support renewable energy, but natural gas will have to be part of the mix," Dodson said.

Opponents of the project argue portions of the forest would be lost, and if a pipeline should be built at all, it should be closer aligned with existing roads.
"If this was a timber sale, it would be illegal," said Amy Harwood, program director for conservation group Bark, which advocates preserving forests surrounding Mount Hood. "Why should we allow an energy company special treatment?"

Once the Federal Energy Regulatory Commission, which has authority over the project, decides whether to allow the project to proceed, the Forest Service will begin deciding the specific changes it will make to its management plans.

FERC spokeswoman Tamara Young-Allen said the agency approves most pipeline proposals, and tends to focus on requirements companies must meet to mitigate environmental damage. The agency will likely evaluate the project within the next 12 months.
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On the Net: http://www.ferc.gov
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Information from: The Oregonian, http://www.oregonlive.com
© 2008 Associated Press. All Rights Reserved.

Merry Christmas from Pipeline Joe

To all of my friends and followers from around the world, have a Merry Christmas and a safe, sane and prosperous New Year!!

FERC Filing

This should appear on the docket tomorrow. Thanks to Mike G for taking the pics. What a mess we have out here and in Franklin County. More later.

December 14, 2008

Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington , DC 20426
Re: Docket CP07-208-000 Rockies Express, LLC---East

Dear Ms. Bose:

Now that FERC has allowed REX to construct their pipeline, and REX is actually speeding up and down our roads all day long, it would seem that you would want to keep track of how the project is going on the ground in Decatur and Franklin counties in Indiana. I received this email today from a citizen of Franklin County who is retired from the Indiana Natural Resources Commission. He knows the environmental consequences of the erosion taking place in our area due to REX’s land clearing efforts.

I am pasting his email here and attached some pictures he sent with it. These photos were taken from Wolf Creek Road, west of Fore’s Hill Road, and from Fore’s Hill Road itself, all in Franklin County. He asked me to inform the FERC what is happening out here, so I am accommodating him. I can say, our area of Decatur County looks much the same as these photos depict, but you should be able to get the drift of what is happening from his emails and photos.

“Here are some of the 15 photos I took earlier today (14, December, 2008) in Franklin County . The straw bales appear to be the only feeble attempt to do "something" about erosion. It didn't work. Notice that there are no silt fences protecting the creeks, no mulching whatsoever is present on these very steep slopes. This is a prime example of REX's lack of concern for the land, the waters, and natural resources in general. For the governmental entities to not demand Rex control erosion created by their actions is appalling. I am losing faith in "laws to protect us." What good are they if they won't be enforced. A person building a home on one acre of relatively flat land will be denied a building permit if they don't comply with the very laws Rex is ignoring. Rex can afford to install adequate erosion control measures. They should be fined heavily and daily, till such adequate erosion control measures are implemented. It can be easily proven on paper that excessive erosion will occur from these sites. NRCS offices in all counties can prove it. IDNR Division of Soil Conservation is also capable of producing these figures....It's time someone holds Rex accountable for their lack of action on this matter. Mike Gribben (Retired NRCS)”

I know FERC doesn’t care about this situation and you won’t do anything, but at least the record will show that you were advised what was going on. This is an environmental disaster in the making, as you have been told all along by the many landowners, stakeholders and elected representatives who have written to you over the last two and a half years. FERC still chose to allow the poorly designed route through our area and into Ohio , and now the onus is on you to justify your decisions.

Sedimentation Photos

I am passing this info along from Mike Hardamon in Johnson County so all affected landowners can be aware of the things he has learned about the REX pipeline process so far, and how to file a complaint with FERC. Note especially how you need to work with REX ahead of time to make sure you are not blocked from accessing your property by pipe that is welded but not yet buried. Our mess over here in eastern Decatur County is just about as bad, especially with the recent rain and snow melt.

Thanks to Mike for passing this along.

From: mike@med-care.com
Sent: Sunday, December 14, 2008 11:19 AM
Subject: Fw: Sedimentation photos

Joe,

I know you'll find it hard to believe but I had to file a complaint w/FERC due to:

1. Sedimentation reaching my pond and creek.

2. Once welded the pipeline will prevent me from accessing 1/2 of my property for a minimum of 3 weeks, possibly 3 months depending on when the pipe is buried.

Property owners need to be aware of this fact. REX will leave you an access which they will weld prior to burying the pipe so as to allow access across the easement but you need to ask ahead of time. If the agent (and watch out for Ron Mimna - his ethics would make an Illinois governor blush) gives any crap, call FERC at 888.889.8030 to lodge a complaint.

The link to the pictures follows.

Thanks

Mike

http://www1.snapfish.com/shareereg/p=572121229111000004/l=452195493/g=147587212/otsc=SYE/otsi=SALB/pns/share/p=572121229111000004/l=452195493/g=147587212/otsc=SYE/otsi=SALB

REX Sues Franklin County

You can read this article from the Indiana Law Blog. It speaks for itself. Maybe Franklin County will get to the Supreme Court yet! Here is the link and I am pasting the blog below. I must have missed the article in the Indy Star.
http://indianalawblog.com/archives/2008/12/ind_courts_even_18.html

It seems odd that REX recognized the State of Indiana as necessary to issue a permit. It follows, in my mind, that the State petitioning process through the Natural Resources Commission should also be a valid one in the eyes of REX. The fact that REX has filed the suit, must indicate that FERC isn't siding with REX on this. We will see. I believe the Indiana NRC Administrative Law Judge, Sandra Jensen, should have a ruling on the validity of the permit after the first of the year, so REX must not see it as breaking in their favor or they would not have taken this action.


Ind. Courts - Even more on Rockies Express Pipeline suing Indiana counties

Adding to the list of ILB entries on the Rockies Express Pipeline project making its way across our state, Jason Thomas of the Indianapolis Star reported yesterday:
A floodway in southeastern Indiana represents the latest obstacle for the builders of a multistate natural gas pipeline.

Lawyers for Rockies Express Pipeline LLC filed a lawsuit in U.S. District Court on Tuesday over access to the Whitewater River in Franklin County.

In January, the Department of Natural Resources granted the pipeline builders a certificate of approval to construct the 42-inch underground pipeline in the floodway.

Shortly thereafter, the Franklin County Drainage Board and several water utilities filed petitions with the Indiana Natural Resources Commission, requesting that the certificate of approval be overturned or reversed, according to the lawsuit.
In June, pipeline lawyers filed a motion to dismiss the commission's review of the certificate, stating that federal law pre-empted the commission's authority; the commission denied the motion in September.

The commission's denial of the pipeline's motion conflicts with the federal Natural Gas Act, according to the lawsuit.

The pipeline will suffer irreparable harm if the commission is not kept from reviewing the Department of Natural Resources' certificate, the lawsuit states.
Damage would include construction delays and contractual liabilities to contractors and equipment suppliers.

The pipeline firm is seeking an order declaring that the commission does not have authority to review the certificate and a temporary order restraining the commission from conducting an administrative review of the certificate.

The lawsuit also is seeking attorney fees and other costs associated with the lawsuit. Rockies Express has been awarded federal approval to build the final portion of a 1,600-mile pipeline from Colorado to Ohio.

The final leg, called Rockies Express-East, will run through nine Indiana counties as it stretches from Missouri to Ohio.

Posted by Marcia Oddi on December 13, 2008 08:59 AM
Posted to Indiana Courts

Letter to FERC about REX Worker's Meth Lab

Here is my latest letter to Cong. Pence and copied to FERC. You may have seen the Greensburg Daily News article already.


December 7, 2008

Representative Mike Pence
1134 Meridian Plaza
Anderson , IN 46204

Re: Rockies Express, LLC Abuse

Dear Congressman Pence:

In our meeting in Greensburg in the fall of 2006, we discussed the Rockies Express, LLC (REX) natural gas pipeline. In that meeting you stated this project must proceed according to the rule of law, which we citizens have done. However, once again REX is in violation of our local laws. This time it appears one of their contract welders had a meth lab in his local hotel room. I am attaching a copy of the article that appeared in the Greensburg Daily News on Friday, December 5, 2008 for your review, and available at this link: http://www.greensburgdailynews.com/archivesearch/local_story_339192448.html

Since the REX East project was announced to landowners and stakeholders in the summer of 2006, REX has violated local laws/ordinances on several occasions, beginning with illegal trespassing on private land and damaging property in the process. Their contract employee, John Taylor, was finally sentenced in Franklin County ( Indiana ) earlier this year, pleading guilty to both offenses.

Then, Decatur County officials found REX contractors offloading and storing gas pipe in the northern part of our county late last year. The local county road official was out looking for a Christmas tree when he discovered what was going on. The county had to fine the landowner for a period of time for not getting zoning approval for this use of his farm land. After several weeks, REX complied.

Now, we have the most egregious offense to date (at least, that we know of) of allowing a drug user to be a welder on the REX pipeline in violation of United States government law. I am printing here for you an excerpt from the Pipeline and Hazardous Materials Safety Administration (PHMSA) website:

Drug & Alcohol Regulations
49 CFR Part 199 (PHMSA drug and alcohol testing regulation) and 49 CFR Part 40 (DOT drug and alcohol testing regulation) require operators to conduct drug and alcohol testing of covered employees who perform operation, maintenance, or emergency-response functions regulated by 49 CFR Parts 192, 193, or 195.

And further:
Drug tests required.
§ 199.105 Each operator shall conduct the following drug tests for the presence of a prohibited drug:(a) Pre-employment testing. No operator may hire or contract for the use of any person as an employee unless that person passes a drug test or is covered by an anti-drug program that conforms to the requirements of this part.

In the past, REX has always used the argument that the problem is with their contractors, not Rockies Express. I feel any company that cannot control their sub-contractors, especially welders on the largest natural gas pipeline ever built in the U.S., should be called to account for this. How many other welders and employees are working here in Indiana and elsewhere who have not been tested, or a least monitored for their drug use? I know PHMSA has responsibility for pipeline safety and they will be inspecting the work, but that begs the question. On REX West, PHMSA had to require REX to dig up significant portions of the installed pipe to check for quality of welds. According to credible news accounts, the contractor even threatened inspectors and dumped anchors they were supposed to use to secure the pipe in water body crossings. FERC gives the pipeline operators a lot of leeway regarding compliance with environmental requirements. PHMSA may also do this. In the case of REX, this has not been a good idea and can potentially harm the citizens and environment of Indiana , worse than they already have. We deserve better than this from our government.

I would ask that you contact FERC and PHMSA and have them require REX to submit their pre-employment drug testing records, and have them certify to you how they conduct on-going drug screening, so we can be sure our communities will not be infested with more meth labs from their wayward contract employees. If this requires putting a hold on their current activities, I think it is the least they should be willing to do for the privilege they receive from our federal government.