Dominion’s Variance Request Documents (Filed with FERC 24 Jan 2017):
Note: After the New Market Project was approved by FERC, air permits were approved by DEC, and all public comment periods were over, Dominion filed a series of Variance Requests for each part of the New Market Project, and requested a 2-week turnaround on this. Variances included encroachments on numerous wetlands and streams (all but one of these wetlands and streams were delineated early in 2014, but Dominion repeatedly stated that they would not encroach upon them), the addition of two gas coolers and a filter separator at Brookman Corners, and clearing of shrubs at Horseheads.
This web page at FERC has links to all the documents Dominion filed with its New Market Project Variance Request on January 24, 2017. There is a description of all the variances requested (8 pp); new site maps showing the updated Limits of Disturbance with respect to delineated wetlands and streams and a Storm Water Pollution Prevention Plan for each of the following: Horseheads (253 pp), Sheds (208 pp), Brookman Corners (276 pp), Borger (170 pp), Utica (175 pp), and West Schenectady (4 pp); as well as letters detailing compliance with the Endangered Species Act (Attachment 3), Spill Plans, and a Winter Construction Plan. Only the Variance Request Description and Borger Station documents from that list are linked below. Dominion requested a decision by February 7, 2017, two weeks after the requests were filed, but FERC has not yet made a decision.
A very short, readable description of the variances requested at each site.
This 1/24/17 Dominion filing to FERC, as part of its Variance Requests, contains two important parts:
(1) Page 4 is a site map dated January 2017, which shows the smaller Limits of Disturbance (LOD) that Dominion announced with its Variance Requests. This map also shows the relationship of the LOD to the site’s wetlands and streams. These wetlands and streams were delineated as far back as June 2014 in Dominion’s original application (See p. 79 of Resource Report 2: Water Use & Quality).
(2) The document that begins on p. 6 is a Storm Water Pollution Prevention Plan for the Borger Station. It is required as part of the SPDES (State Pollutant Discharge Elimination System) Permit granted by DEC on 1/19/15, which also fulfills the EPA’s requirement for a NPDES (National Pollutant Discharge Elimination System) Permit. It was prepared in April 2016. On page 44, it shows the same smaller Limits of Disturbance that were not made public until 1/24/17, when the variances were requested.
Therefore, Dominion must have known that it would be encroaching upon wetlands and streams as early as April 2016. Yet it did not make this public or request the variances until January 2017, after all project permits were granted and all public comment periods were over.
Walter Hang’s discussion of how the Storm Water Pollution Prevention Plans are fatally flawed because they stated all the wetlands and streams were outside the limits of disturbance of the project, but in fact they were inside the area. Links to other documents and videos on the issue.
Note: See more under “Water Pollution and Wetlands Infringement at Borger”