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

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.

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.