National Parks Conservation Coalition Seeks Injunction to Prevent Construction of Susquehanna-Roseland 500 kV Transmission Line

 A coalition of national, regional and local conservation groups has filed a motion for a preliminary injunction in federal court to stop construction of the Susquehanna-Roseland transmission line through three popular national parks – the Delaware Water Gap National Recreation Area, the Middle Delaware National Scenic and Recreational River, and the Appalachian National Scenic Trail—while the court considers claims that the power line will cause irreversible ecological and scenic damage.  A copy of the press release announcing the court filing can be read here. A copy of the Motion for Preliminary Injunction and legal memorandum in support of the motion is available here.

The press release states:

At stake is nothing less than the Delaware Water Gap’s spellbinding views, pristine environment, and diverse wildlife that include bald eagles, peregrine falcons, and black bears. The Delaware Water Gap National Recreation Area was named a Top 10 most-photogenic national park for fall foliage, and is the eighth most visited national park unit in the country. The Delaware River is one of the cleanest rivers in the nation. The Appalachian Trail, completed 75 years ago, and designated as the nation’s first national scenic trail in 1968, is enjoyed by 2-3 million people each year. Together, these national parks offer some of the very best outdoor recreational opportunities for those living in the Mid-Atlantic region. “Countless public dollars and volunteer hours have gone into protecting special places like the Delaware Water Gap,” explained Mark Zakutansky, Mid-Atlantic Policy Manager for the Appalachian Mountain Club. “Allowing irreplaceable scenic vistas, trails, and wildlife habitat to be permanently damaged violates the Park Service’s mission and sends the wrong message about the value of our national treasures. We have to halt this construction, at least for now, so the court can review the case.”

We previously posted on the environmental impact statement for the Susquehanna-Roseland transmission line on September 1, 2012 and onDecember 3, 2011.

National Park Service Issues Final Environmental Statement on PP&L Susquehanna-Roseland Transmission Line Through Delaware Water Gap National Recreation Area

The National Park Service has published its Final Environmental Statement (FES) on the Susquehanna-Roseland Transmission Line through the Delaware Water Gap National Recreation Area. The FES effectively approves the utilities' proposed route of a new 500kV line across the Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River, and the Appalachian National Scenic Trail in Pennsylvania and New Jersey.

The final environmental statement confirms NPS's previous determination that the "no action" alternative is the environmentally-prefereable alternative, but determined that the utilities' proposed route - among six alternatives evaluated - is its "preferred alternative", assuming the incorporation of "critical mitigation measures."  The "preferred alternative" is the one “which the agency believes would fulfill its statutory mission and responsibilities, giving consideration to economic, environmental, technical and other factors.”

NPS made this determination despite finding that the proposed route "would cause significant adverse impacts to geologic resources; wetlands; vegetation; landscape connectivity, wildlife habitat, and wildlife; special-status species; rare and unique communities; archeological resources; historic structures; cultural landscapes; socioeconomics; infrastructure, access and circulation; visual resources; visitor use and experience; wild and scenic rivers; and park operations."

Specifically, among other impacts, the alternative will cause:

• conversion of 20.28 acres of forested wetlands to scrub shrub and/or emergent wetlands
• adverse impacts to 15.22 acres of Exceptional Value Wetlands and/or rare and unique wetlands
• clearing of 240 acres of vegetation, including 129 acres of mature forest
• adverse impacts to multiple archaeological sites, at least 17 historic structures, 18 cultural landscapes, including the Appalachian National Scenic Trail.

The FES articulates NPS's intention to require mitigation of adverse impacts where possible:

The NPS expects to conclude consultation by including in any ROD a binding commitment to the mitigation measures disclosed in this EIS, as required by 36 CFR § 1508.8. Mitigation measures specific to the impact topics, where applicable, are presented in appendix F. The NPS would also establish mechanisms to ensure that all mitigation obligations are met, mitigation measures are monitored for effectiveness, and unsuccessful mitigation is quickly remedied. In instances where impacts cannot be avoided and mitigation is not feasible, compensation for resources lost or degraded through project construction, operation, and maintenance would be required. Examples of items that cannot be remedied through mitigation include impacts that degrade the scenic and other intrinsic values of the parks or impacts that result in the loss of recreational use and visitor enjoyment.

The Final Environmental Impact Statement is available here.

Note: This is an update to our prior posts on this topic of January 21, 2010 and December 3, 2011.

National Park Service Issues Draft Environmental Impact Statement on Susquehanna-Roseland 500kV Transmission Line

Update: The National Park Service has now published the Final Environmental Statement on the project. See our September 1, 2012 post for updated information.

The National Park Service has published its Draft Environmental Impact Statement (DEIS) for construction and right-of-way permit as requested by Pennsylvania Power and Light Electric Utilities Corporations (PPL) and Public Service Electric and Gas Company (PSE&G), in connection with their proposed Susquehanna-Roseland transmission line.  The project is more fully described in our previous post of January 21, 2010.

The National Park Service found that PPL's proposed route and all alternatives that would cross the Delaware Water Gap National Recreation Area would have adverse environmental impacts.  The DEIS concludes that the environmentally preferred alternative is "no action": to deny the request for the right of way and construction permit.

A public comment period including public meetings has started and will end on January 31, 2012. Comments can be submitted electronically at the NPS Planning, Environment and Public Comment page.

Three public hearings (6:00-9:00pm) will be held:

Tuesday, January 24, 2012 (snow date 1/31 if required) Fernwood Hotel and Resort U.S. 209 Bushkill, PA 18324

Wednesday, January 25, 2012 (snow date 2/1 if required) Stroudsmoor Country Inn - Ridgecrest RD#4 Stroudsmoor Road Stroudsburg, PA 18360

Thursday, January 26, 2012 (snow date 2/2 if required) Farmstead Golf and Country Club 88 Lawrence Road Lafayette, NJ 07848

National Park Service to Evaluate 500kV Transmission Line to Cross Appalachian Trail and Delaware Water Gap National Recreation Area

SECOND UPDATE: The National Park Service has now published the Final Environmental Statement on the project. See our September 1, 2012 post for updated information.

UPDATE:  The National Park Service has published its Draft Environmental Impact Statement on the proposed action. It concludes that the preferred environmental alternative is the "no action" alternative. The public comment period on the DEIS is open until January 31, 2012.

 The National Park Service is deciding whether to allow the construction of a new 500 kV electric transmission line to cross the Appalachian National Scenic Trail and the Delaware Water Gap National Recreation Area.  Today (January 21, 2010) it issued its Notice of Intent to Prepare an Environmental Impact Statement (EIS) for a construction and right-of-way permit requested from the Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River, and the Appalachian National Scenic Trail, in connection with the Susquehanna to Roseland 500kV Transmission Line. 

You can view the Federal Register notice here. The public participation and public scoping process under the National Environmental Policy Act commences with the Federal Register publication today. The public can comment on the project's purpose, need, objectives, preliminary alternatives, mitigation and other issues by submitting comments through the NPS project website at http://parkplanning.nps.gov/dewa/.

The project proposes to expand upon an existing right-of-way which contains a single 230,000 volt (230kV) electric transmission line by replacing the existing towers with new, taller tower structures and adding an additional 500,000 volt (500kV) transmission line. The request would necessitate widening the existing ROW and constructing new access roads. The expanded line and new towers will impact three units of the National Park Service: the Delaware Water Gap National Recreation Area; the Middle Delaware National Scenic and Recreational River and National Recreation Water Trail; and the Appalachian National Scenic Trail (AT). The NPS is preparing an Environmental Impact Statement (EIS) to evaluate the permit request.

Additional information, including the NPS internal scoping meeting report, is available from the National Park Service Planning, Environment and Public Comment page for the project.