Decision and Order

The Connecticut Siting Council (Council) believes that this proposed project should be reviewed by the Federal Energy Regulatory Commission (FERC) in conjunction with other competing projects to assess which project can best serve the needs of the region with the least environmental effects. Additionally, we believe that it would be prudent for the FERC to defer issuing a decision on all energy projects that traverse Long Island Sound until the taskforce, which was established pursuant to An Act Concerning the Protection of Long Island Sound, has issued its report and recommendations to the Connecticut Legislature. Nonetheless, we are directed to issue, for this application, recommendations that will specify the preferred route, construction procedures, and environmental mitigation measures that will minimize and mitigate, to the fullest extent possible, adverse effects on the environment, and protect the citizens of the State of Connecticut.

Pursuant to the foregoing Findings of Fact and Opinion, the Council believes that the following conditions, Development and Management (D&M) Plan, specified route and variations, construction techniques, installation schedule, inspection program, and submittal of permits can mitigate the effects associated with the construction, operation, and maintenance of the Connecticut section of the proposed natural gas transmission line, including effects on the natural environment; ecological integrity and balance; public health and safety; scenic, historic, and recreational values; forests and parks; air and water purity; and fish and wildlife. Therefore, the Council directs that a Certificate of Environmental Compatibility and Public Need, as provided by General Statutes § 16-50k, be issued to Algonquin Gas Transmission Company and Islander East Company, LLC for the construction, operation, and maintenance of a new natural gas compressor station north of East Johnson Avenue and east of Route 10, in Cheshire, Connecticut; a new meter station adjacent to 67 Laydon Avenue, in North Haven, Connecticut; and a new 24-inch diameter gas pipeline from the North Haven Meter Station to Branford, across Long Island Sound to the New York State line. The Council denies certification of the pipeline Replacement Alternative, the Sachem Head Alternative route, the Short Beach Alternative Route, the Salt Marsh Alternative route, the Pine Orchard Alternative route, and the Option 2 and Option 3 off-shore Alternative routes.

If approved by the FERC, the proposed facilities shall be constructed, operated, and maintained substantially as specified in the Council’s record in this matter, except as otherwise ordered by the Council, subject to the following conditions:

Conditions

1. A final site plan showing the location of the compressor station equipment, access road, drainage structures, utilities and limits of clearing;

2. An erosion and sediment control plan, consistent with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control;

3. Provisions for minimizing the compressor station fenced area to reduce the clearing of vegetation; and

4. Provisions for the protection of groundwater resources including provisions for the inspection of the natural gas compressor station by South Central Regional Water Authority personnel for compliance with the final pollution prevention and control plan; 150 percent secondary containment of all hazardous materials stored at the natural gas compressor station site; and the discharge and infiltration of clean stormwater runoff, wherever possible.

1. A final site plan showing the location of the metering equipment at the North Haven Meter Station;

2. A final site plan showing the location of the pipeline and temporary workspaces;

3. Site specific plans for each of the route deviations ordered by the Council;

4. Site specific plans, at a scale of one inch equals 50 feet, identifying the proposed pipeline, limits of the construction and permanent ROWs, and installation procedures in areas where the proposed construction ROW would be located less than 50 feet from a residence or commercial structure. Site specific plans shall also depict how the proposed pipeline would avoid large trees, residential structures, wells, and primary and reserve septic system areas; and

5. An erosion and sediment control plan, consistent with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control.

13. The Certificate holder shall not commence construction of the off-shore segment of the proposed 24-inch natural gas pipeline from Branford across Long Island Sound to the New York State line until it has secured Council approval of a D&M Plan, which includes the following elements:

1. A final site plan showing the location of the pipeline and transition basin; and

2. Provisions for the removal of excavated spoil from the perimeter of the transition basin; or alternatively, provisions to minimize erosion of the proposed spoil piles around the perimeter of the transition basin.

1. Notice of the installation of the pipeline within one week prior to the commencement of construction;

2. The proposed pipeline route in Loran-C, Geographic Positioning System (GPS), and Connecticut State Plane Coordinates (NAD 83) coordinates;

3. Notice of completion of pipeline installation; and

4. Post-construction mapping of the off-shore pipeline location and depth in Loran-C, GPS, and Connecticut State Plane Coordinates (NAD 83) coordinates, within two months of the completion of installation of the pipeline facilities, or as approved by the Council.

1. A final site plan showing the location of the horizontal directional drill work area and equipment layout;

2. A Directional Drilling Monitoring and Operations Plan with provisions to identify, contain, and recover an unplanned release of drilling fluid between the Connecticut Shoreline and MP 10.9 for Council approval;

3. A Directional Drilling Monitoring and Operations Plan with provisions to contain the drilling fluid during the reaming operations, and recover the drilling fluid released during the pilot hole and pipe pullback operations; and

4. Provision for limiting construction noise through the implementation of high performance noise mitigation measures.

Pipeline Route

1. The Certificate holder shall locate the proposed pipeline further to the west than originally proposed along the Ghiroli property between approximately MP 7.0 and MP 7.3;

2. The Certificate holder shall locate the proposed pipeline so as to cross the Branford Steam Railroad (BSR) tracks farther to the north by approximately thirty feet at approximately MP 8.6 to avoid impacts to a Branford Land Trust (BLT) property, provided moving the proposed crossing does not traverse the property on the west side of the BSR tracks identified as NHV 175.1;

3. The Certificate holder shall locate the proposed pipeline along the west side of the marshalling yard between MP 9.15 and MP 9.4; and

4. The Certificate holder shall locate the proposed pipeline as detailed in the Pond Alternative route between approximately MP 9.7 to MP 9.9.

Construction Procedures

1. Limit the removal of mature or significant trees;

2. Undertake special construction procedures to minimize impacts to any residence within 25 feet of the proposed construction ROW;

3. Develop site-specific construction plans in consultation with the property owner for residences within 50 feet of the proposed construction ROW;

4. Install and maintain construction fencing along the edge of the construction work area for a distance of 100 feet on either side of the residence;

5. Restore the soil profile, lawn, and landscaping within the proposed construction work area promptly after backfilling the trench; and

6. Notify property owners and tenants of the proposed construction schedule no less than one week prior to ground disturbance along their property.

1. Temporary workspaces shall be located no closer than 50 feet from the edge of a wetland or a waterbody;

2. Restrict stump removal, grading, topsoil segregation, and excavation to the area immediately over the proposed pipeline trench;

3. Material excavated from the pipeline trench shall not be sidecast adjacent to the trench in wetlands, unless site specific plans are submitted for Council approval;

4. Undertake pipeline installation using the push-pull technique where wetland soils are unstable or inundated;

5. Utilize equipment mats or timber riprap to support equipment and reduce soil compaction and mixing; and

6. Restrict construction equipment refueling and lubricating, and concrete coating to upland areas more than 100 feet from the edge of wetlands or waterbodies.

1. All flume pipes shall be sized to accommodate the stream or river flow necessary to avoid flooding upstream;

2. All stream or river crossings shall be located so as to avoid damage to important fish habitat including undercut banks associated with roots of large streambank trees;

3. Minimize the work footprint within the watercourses and adjacent riparian areas;

4. Utilize bio-engineering to re-establish stream banks versus using hard armoring; and

5. Restrict the use of riprap on the streambed.

21.    The Certificate holder shall undertake the following off-shore construction procedures:

1. The proposed pipeline shall be buried a minimum of three feet below the seafloor;

2. Employ a sub-sea plow to install the proposed pipeline from approximately MP 12.0 to MP 32.15, and between MP 10.9 and MP 12.0 if feasible;

3. Postpone in-water construction activities until after the successful completion of the HDD pilot hole; and

4. Utilize mid-line buoys on the anchor cables to reduce impacts to the benthic community.

1. With landowner permission, conduct pre-blast surveys of structures or wells within 200 feet of the proposed construction ROW where blasting is anticipated;

2. With landowner permission, conduct post-blast surveys of structures or wells within 200 feet of the proposed construction ROW, if the property owner(s) identify any damage or change to their properties, or if excessive ground vibrations have been recorded during the blasting operations.

3. Utilize equipment mounted pneumatic hammers and/or rock boring equipment in sensitive or residential areas where blasting is undesirable. The Certificate holder may place fill material over the pipeline in order to achieve the desired depth of cover provided the overfilling does not substantially alter drainage patterns, and site specific plans are submitted for Council approval.

4. Restrict blasting or other construction methods in North Branford between Twin Lakes Road (MP 5.0) and Commerce Drive (MP 6.05) that could exacerbate existing groundwater contamination conditions, in consultation with the Department of Environmental Protection, and subject to approval from the Council.

23. The Certificate holder shall comply with the FERC's Upland Erosion Control, Revegetation, and Maintenance Plan and the FERC's Wetland and Waterbody Construction and Mitigation Procedures (Plan and Procedures) regarding the revegetation of affected forested wetlands. The Certificate holder shall submit a Forested Wetland Revegetation Plan with provisions for planting native trees, shrubs, and herbaceous species within the temporary construction right-of-way and the non-maintained areas of the permanent right-of-way in forested wetland areas.

24. The Certificate holder shall undertake the following vegetative clearing, maintenance, and monitoring procedures, subject to landowner preferences:

1. Preserve mature or significant trees within the construction ROW that are not an obstruction to construction activities;

2. Maintain vegetation within the permanent ROW by mechanical means;

3. Maintain a 50-foot-long herbaceous strip adjacent to a stream or river until immediately before construction;

4. Undertake vegetative restoration of riparian areas affected by construction activities;

5. Maintain a strip of vegetation along the width of the construction ROW and approximately 25 feet back from the edge of a stream or river following the installation of the proposed pipeline;

6. Transplant or replace vegetation used to landscape residential or recreational areas within the proposed construction ROW;

7. Maintain a ten-foot-wide corridor centered over the pipeline in a herbaceous state in wetland areas;

8. Maintain a ten-foot wide corridor centered over the pipeline in a herbaceous state annually, and clear a 30-foot wide corridor centered over the pipeline no more than once every three years in upland areas;

9. Selectively prune back trees, which at maturity are greater than 20 feet tall, extending into the 30-foot wide corridor centered over the pipeline no more than once every three years in upland areas; and

10. On all BLT properties, maintain a five-foot-wide corridor centered over the pipeline in a herbaceous state; selectively cut and remove from the permanent ROW every three years all trees within a ten foot wide strip, 30 feet beyond the near rail of the BSR tracks that are greater than 15 feet in height; and allow vegetation 40 feet or more beyond the near rail of the BSR tracks to revert to pre-construction conditions.

Inspection and Monitoring

26. The Certificate holder shall provide a plan for compaction testing of soils within the construction ROW within three months of the completion of construction in agricultural areas.

27. The Certificate holder shall provide a plan for monitoring crop growth within the construction ROW for two complete growing seasons in agricultural areas. The Certificate holder shall file a final report after two complete growing seasons summarizing the crop monitoring data with a plan for mitigation or compensation of crop loss and other documented damages resulting from the proposed construction activities in agricultural areas.

28. The Certificate holder shall provide a plan for post-construction monitoring for two growing seasons in non-cultivated upland areas, and for up to five years in all disturbed wetland areas, to determine the success of the vegetative restoration activities and soil erosion control.

29. The Certificate holder shall provide an invasive species management plan, which includes provisions for post-construction monitoring, control, and removal of invasive plants along the pipeline ROW.

30. The Certificate holder shall submit a plan for a pre-construction and post-construction survey of the benthic community, including leased and unleased shellfish beds under the jurisdiction of the State and the Town of Branford, along the pipeline route.

31. The Certificate holder shall submit a plan for the post-construction restoration of shellfish beds along the proposed pipeline trench and anchor placement area, as deemed necessary by, and in coordination with, the Department of Agriculture, Bureau of Aquaculture.

32. The Certificate holder shall develop a plan for monitoring groundwater quality and well yield for public water supply wells within 400 feet and private water supply wells within 200 feet of the proposed construction work areas.

33. The Certificate holder shall develop a post-construction noise monitoring plan for the natural gas compressor station in Cheshire, and the North Haven Meter Station in North Haven, Connecticut.

We hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each person listed below, and notice of the Decision published in the New Haven Register, the Hartford Courant, the Cheshire Herald, the Record-Journal, the Waterbury Republican-American, and the Branford Review.

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of Connecticut State Agencies.

The Parties and Intervenors in this proceeding are: