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Frequently
Asked Questions
General
Landowner Issues
Agricultural
Issues
Route
Selection
Safety
Construction
Need
for Energy
Environment
Economic
Impact
Millennium
Pipeline & Other Natural Gas Projects
Compressor Station
General
Landowner Issues
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Agricultural
Issues
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Route
Selection
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Safety
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Construction
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Need for
Energy
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Environment
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Economic
Impact
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Millennium Pipeline
& Other Natural Gas Projects
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Compressor
Station
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General
Landowner Issues
- What
does it mean if I let you survey my property?
Does it obligate me to any sort of agreement
in the future?
Granting access to your property for survey
purposes simply allows for the appropriate engineering
and environmental analysis to take place and
in no way means that you have agreed to enter
into a right-of-way agreement.
These assessments are part of the planning phase
of the project. This is a multi-step process
that involves looking at your land to establish
route alignments and completing surveys for
environmental, archeological and cultural resources.
Surveying may simply involve walking the property.
However, occasionally there may be a need to
dig a small hole to sift through a sample of
soil that will be replaced after it has been
sifted.
Wetlands and other areas will be marked with
a ribbon or a stake, or both. The survey will
help identify areas that are of special concern
and should be avoided.
- What
land are you seeking permission to survey?
Generally, only those properties that fall on
the approved route will continue to have surveying
performed on the land. Landowners will be contacted
before any work can be performed throughout
the duration of the project.
- Are
you compensating landowners for granting survey
permissions?
No compensation is offered for survey permission.
However, a landowner whose property is selected
for the final route will be offered fair compensation
for the use of their land, right-of-way access
and any temporary economic loss caused by construction.
Land disturbed during construction will be restored
to original or improved condition.
- How
will “fair compensation” be determined?
Fair compensation is based on land use and comparable
sales of similar properties in your area at
the time of right-of-way negotiations. It is
a one-time payment.
After surveying is complete, and the pipeline
route to be included in Empire Pipeline's FERC
application has been selected, landowners along
the final route will receive a letter describing
the right-of-way acquisition process.
- Is
there a difference in compensation for residential
and commercial property?
Yes, just as real estate prices for residential
and commercial property are different. Those
factors are considered when determining fair
compensation.
- Will
you use eminent domain (condemnation) to take
people’s property?
Every effort will be made to reach a fair and
reasonable agreement with each landowner along
the pipeline route. However, if an agreement
cannot be reached and since FERC determined
there is a public need for the pipeline and
issued a certificate for the project, eminent
domain procedures can be used. Empire Pipeline’s
objective is to negotiate a fair settlement
with each landowner and we will consider eminent
domain as a very last resort.
- Where
can I get more information about my rights as
a landowner?
A project like this and the acquisition of a
pipeline right-of-way often raises many questions
with landowners regarding routes, land usage,
compensation, construction, safety and restoration.
The FERC provides detailed information on these
topics on its website www.ferc.gov/for-citizens/get-involved.asp.
Please also visit the other sections of our
website for more information.
- How
often is eminent domain used?
Eminent domain is only used as a last resort.
Every effort will be made to negotiate a fair
and reasonable right-of-way agreement with each
landowner along the pipeline route. Despite
these efforts, in our experience, eminent domain
is used in roughly 10% of cases.
- Will
my property values drop if the pipeline is built
through my land?
Historically, the presence of a natural gas
pipeline has not negatively impacted property
values.
- Are
you trying to buy my land or just rent it?
Landowners continue to own the land while Empire
Pipeline only has a right-of-way agreement for
the area where the pipeline is installed on
your land.
- If
the land is developed in the future, what will
Empire State Pipeline do to ensure that it meets
the safety standards required based on the new
land use?
The Federal government and other permitting
and regulatory agencies have in place carefully
defined safety standards for natural gas transmission
pipelines. We will meet or exceed these requirements.
In cases where land use changes after the pipeline
is installed, we will return to the area and
make any required modifications to the design
of the pipeline.
- Can
I live in my house during construction?
Yes. Every effort will be made to minimize the
inconvenience during the construction and restoration
processes.
- Will
I still be able to use the property in the right-of-way?
Agricultural uses of the land are normally permitted.
However, for safety reasons, buildings and large
trees are not allowed. The right-of-way agreement
will specify any restrictions on the use of
the land following the installation of the pipeline.
- Do
landowners receive royalties after the initial
payment for right-of-way access?
They do not. There is a one-time payment to
landowners for the right-of-way.
- Can
paved roads be built over the pipeline?
Yes, but for safety reasons, Empire Pipeline
must be involved in the planning and construction
of any roads located near the pipeline.
- Can
landowners build a fence to prevent people from
accessing the right-of-way?
If that is your desire, please talk with the
land agent about your wishes. For safety reasons,
we wish to work with you on the installation
of any fencing or other barriers to restrict
access to the right-of-way on your property.
Please bear in mind that for safety reasons,
Empire Pipeline must have unimpaired access
to the pipeline at all times.
- Can
cable and electric lines run in the same spot
as the pipeline?
There needs to be some distance between the
pipeline and cable or electric lines, but typically
they can be accommodated.
- How
close will the pipeline be to residences?
Federal pipeline safety regulations do not specify
a minimum distance between a pipeline and a
residence. The Empire Connector will be designed
to a safety standard that would allow it to
be located within close proximity of a home,
but it is our preference to maintain a wider
buffer zone and the pipeline will be at least
25 feet away from a residence. In most cases,
the distance between the pipeline and a residence
will be greater than 25 feet.
- Will
the pipeline go through any structures such
as houses or buildings?
No.
- Does
the right-of-way agreement have any bearing
on existing oil, gas or mineral leases on the
land?
We are only seeking to establish an agreement
for a right-of-way that accommodates the pipeline.
- Could
other utilities use the right-of-way in the
future?
The industry standard is to separate pipelines
by a minimum of 25 feet. Additional pipelines
or other facilities would require their own
right-of-way after the buffer zone.
- How
are you reaching out to local officials?
Empire Pipeline has met with local officials
whose districts fall along the primary and secondary
routes. They will be kept informed about the
project throughout the process.
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Agricultural
Issues:
- Will
the pipeline affect croplands?
Farming over a pipeline right-of-way is very
common. Farmland will be restored in a fashion
designed to return full productive use of the
property. Farmers will be compensated for the
temporary loss of crop production and once restoration
is complete, crop yields will be monitored on
an ongoing basis, and compensation will be paid
for lost yields attributable to the construction
process.
- What
agricultural mitigation techniques will be used?
Empire developed the Erosion and Sediment Control
& Agricultural Mitigation Plan (ESCAMP)
in conjunction with the New York State Department
of Agriculture and Markets, area Farm Bureau
representatives and FERC that will include measures
designed to address the character of the land
and the issues unique to the area impacted by
the pipeline route. Empire must comply with
the measures in the ESCAMP as part of its FERC
certificate. Some of the mitigation techniques
to be used include:
- Removing
topsoil along the right-of-way prior to
construction so it can be stored, protected
and returned to the right-of-way after construction;
- Installing
proper drainage lines that lead to suitable
outlets in order to prevent flooding of
the land; and
- Monitoring
crop yields on affected farmland for as
long as necessary;
- For
more information on agricultural mitigation
techniques, please click
here.
- Are
the mitigation plan and its requirements included
in the right-of-way agreement signed by Empire
Pipeline and affected farmers?
The project’s FERC certificate binds Empire
to the terms of the ESCAMP for all work completed
in agricultural lands anywhere along the pipeline
route. Therefore, the plan is not a part of
any individual right-of-way agreement.
- How
will Empire offer compensation for a right-of-way
agreement on agricultural land that has the
potential to be developed for residential property?
Compensation for all properties is based on
fair market value. Fair market value is based
on the market value of the property, as determined
by comparable sales of similar properties in
the area, at the time of right-of-way negotiations.
- If
pipeline construction cuts off access to another
part of a property owner’s farmland, will
the landowner be compensated for that inconvenience?
Yes. Landowners will be compensated for any
damages or loss incurred from limited access
to their property.
- What
recourse do farmers have if they are not satisfied
with the restoration?
Empire will work diligently to ensure that all
properties are restored to the landowner’s
satisfaction. However, if a landowner is not
satisfied with Empire's efforts, a process will
be in place for them to seek intervention and
a resolution to their concerns.
- Who
selects the contractor to be used for restoration
work including drain tile repair?
Empire will select the contractors for the restoration
and other work associated with this project.
Whenever possible, and particularly for restoration
work in agricultural areas, local contractors
who possess working knowledge about local soil
conditions will be used.
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Route
Selection
- When
will the route be finalized?
The route was approved by FERC in December 2006.
During the development of the application, Empire
also reviewed a number of alternate routes.
The approved route results from a thorough analysis
of the area and a careful assessment of the
pipeline’s impact on the region. Most
importantly, the approved route includes changes
made as a result of the productive work of:
surveyors and landowners, agency representatives,
and other interested parties who worked with
Empire Pipeline during the first phase of the
project. Slight modifications to the route may
be made during the final planning stage, but
the route as approved by FERC is substantially
finalized.
- Are
you going to notify landowners of the finalized
route?
Yes. All affected landowners have been notified
of the project’s approval and its impact
to their property.
- Will
Empire Pipeline hold formal public hearings
after the final route is selected?
Empire has already conducted a series of public
meetings in the project area and may do so again
in the future (click
here to read more about the public meetings).
You may, at any time, submit comments to FERC
(click
here to access FERC’s website) or
to Empire (click here
to submit comments to Empire).
Empire may conduct additional public meetings.
Any such session will be widely publicized throughout
the project area and all interested parties
will be encouraged to attend.
- How
were the primary and secondary routes selected?
The route selection process involves developing
the best balance of the important factors under
consideration, the impacts of pipeline construction
on the area and maintaining consistency with
the guidelines established by FERC. As the survey
process proceeded, many changes were incorporated
in the original route plans to accommodate special
considerations and landowner input. Some of
the many factors that play a part in determining
the best route, include:
- Existing
rights-of-way
- Engineering
issues
- Least
disturbance of land
- Underground
natural gas storage
- Natural
resource preservation
- Cultural
and archeological resource preservation
- Why
is the Empire Connector Project going to connect
to the existing Empire State Pipeline in Victor?
The point at which the new pipeline will connect
to the existing Empire system is determined
by the engineering requirements for maintaining
the necessary pressure and flow on the pipeline.
- Can
gas flow both ways in the pipeline?
Although it is possible, it is not likely. Pipelines
are typically designed to flow from North to
South or West to East. In this case, natural
gas on the Empire Connector will flow from North
to South.
- Will
more detailed maps be made available on the
website?
It is difficult to post detailed maps on the
website because the files are so large. If you
would like to receive a map by mail, click
here to send a request via our website,
call our toll-free information number, 1-866-202-9849
or mail your request to:
Feedback
c/o Corporate Communications Department
Empire Connector Project
6363 Main Street
Williamsville, NY 14221
Please specify the area along the route
for which you would like a detailed map.
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Safety
- What
are Empire State Pipeline and National Fuel’s
safety record?
For more than 100 years, National Fuel Gas Company
has owned and operated thousands of miles of
natural gas pipelines in western New York and
northwestern Pennsylvania with an outstanding
safety record. The Empire State Pipeline has
a perfect safety record.
- Are
natural gas pipelines safe?
Federal authorities heavily regulate natural
gas pipelines and the U.S. Department of Transportation
enforces strict safety standards and requires
frequent and comprehensive safety inspections.
For these and many other reasons, accidents
involving pipelines are rare and are usually
the result of unauthorized actions by individuals
not associated with the pipeline company.
Numerous measures will be taken to ensure the
safety of the Empire Connector. The pipeline
will be constructed to meet or exceed U.S. Department
of Transportation standards. Some of the techniques
to be employed are:
- Using
modern, welded high-grade steel with extra
wall thickness near population centers;
- Specially-coating
and protecting the pipe to prevent corrosion;
- X-raying
100% of all welds;
- Conducting
a hydrostatic pressure test that will test
the line at one and one-half times its design
capacity to ensure its integrity;
- The
pipeline will be buried a minimum 3 feet
underground and up to 5 feet in agricultural
areas.
In
addition, the line will be maintained in strict
accordance to the Federal safety code. Some
of the techniques to be employed are:
- Conducting
regular aerial and foot patrols;
- Using
a 24-hour state-of-the-art dispatch center
to monitor the pipeline’s performance;
- Conducting
annual inspections of the coating and protection
system;
- Conducting
in-line inspection of the pipeline approximately
every 7 years to identify any corrosion
or construction damage. This technique is
also known as “pigging the line.”
Public
safety will be a priority in the design, construction
and operation of the Empire Connector. All FERC
safety policies and procedures will be followed
during the design and construction phases. Once
the pipeline becomes operational, Empire Pipeline's
compliance with federal safety standards will
be regulated, monitored and enforced by the
U.S.
Department of Transportation.
-
Is
the pipeline designed to withstand earthquakes?
The Federal Energy Regulatory Commission requires
Empire Pipeline to review the seismic history
of the pipeline route and the pipeline will
be designed for any conditions identified in
the seismic analysis.
- What
safeguards have been implemented in pipeline
design since 9-11?
Like many industries, the energy industry has
incorporated enhanced safety measures following
the attacks on the United States in September
2001. National Fuel and its facilities are in
full compliance with all required security standards
and the Empire Connector will be protected in
a like fashion.
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Construction
- How
long will construction take?
Construction of the Empire Connector will take
six to nine months with restoration activities
taking an additional three months.
- What
does the construction site look like?
Pipeline construction is a systematic process
similar to an assemblyline that involves teams
working along the pipeline route. During construction,
Empire will use a right-of-way that is wider
than the permanent right-of-way to accommodate
the personnel, equipment and spoil associated
with the process. The construction right-of-way
will be 75-100 feet wide. The construction process
can be unsightly and Empire will work diligently
to mitigate the inconvenience that is inherent
in any construction process. Inspection crews
will be on site to ensure that all proper safety,
environmental and special mitigation measures
are being used. General information on the construction
process for natural gas pipelines, including
photographs of typical construction sites, can
be found by clicking
here.
- What
will be the pressure of the natural gas inside
the pipeline?
The maximum allowable operating pressure of
the pipeline will be 1440 pounds per square
inch (psi). Empire Pipeline expects that in
most cases, the pipeline will actually operate
at 1100 psi or less.
- What
kind of material is the pipeline made of?
This seems to raise the question of whether
existing pipelines are safe, or are they sub
standard? Steel alloy, which is specially coated,
is used. This material meets stringent toughness
standards designed to prevent pipeline ruptures.
- At
what capacity will the pipeline be considered
full?
The pipeline will be 24 inches in diameter and
will be capable of carrying approximately 525
million cubic feet per day, which is equivalent
to the annual natural gas consumption of approximately
900,000 homes.
- How
far below ground is the pipeline buried? Is
the distance to the top, middle or bottom of
the pipeline?
The pipeline is buried three to five feet underground.
That is the distance from ground level to the
top of the pipeline.
- How
close to public roadways will the pipeline be
built?
Typically Empire Pipeline will try to acquire
private rights-of-way outside the public right-of-way.
There is usually a 66-foot wide public right-of-way
for roads and the pipeline right-of-way would
be adjacent to that. However, Empire Pipeline
generally tries to avoid running immediately
parallel to the public right of way in proximity
to homes and other utility lines.
- Will
roads be torn up where the pipeline needs to
cross them?
Construction in roadway areas will be analyzed
on a case-by-case basis. The construction technique
to be used is largely determined by the kind
of roadway that must be crossed. In most cases,
the pipeline may be installed without creating
any disturbance to the road by using bores and
other construction techniques. In all cases,
the method used will be determined in consultation
with local authorities.
- What
will the pipeline ditch be backfilled with?
Typically the ditch is filled with the soil
and other natural materials that were removed
during construction. In some areas, the pipeline
may be wrapped with protective materials as
another measure to prevent damage to the coating.
- Does
construction have an impact on water tables
or wells?
Not typically. Empire Pipeline is required to
identify wells and other water sources in proximity
(within 150 feet) of the pipeline. The water
is tested prior to construction to check the
quantity and quality of the water. After the
pipeline is installed, the water is retested
to make sure the quality is consistent with
prior findings.
- Is
the pipeline placed in the middle of the right-of-way?
Yes, the pipeline will be aligned at or near
the center of the permanent right-of-way.
- If
the pipeline must cross another existing pipeline,
is it built over or under the existing line?
Normally a new pipeline will be installed under
an existing pipeline with at least one foot
of separation between the lines. The usual three
to five feet of cover over the top of the pipeline
will be maintained.
- Where
is the compressor station going to be built
and how large will it be?
The compressor station is proposed to be constructed
in Oakfield, in Genesee County. The station
and the associated buildings will sit on a parcel
of land roughly the size of 2 ½ football
fields.
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Need for Energy
- How
much of the gas transported through the pipeline
will be used in the areas where the pipeline
is located?
The amount of gas used in local areas depends
on who ships the gas on the Empire Connector.
Empire does not own the gas that will move on
the pipeline and doesn’t sell gas to any
end users. Empire acts as the ‘trucking’
agent and moves the product for its customers.
The first customer to contract for space on
the pipeline is Key Span, which supplies gas
to customers in the downstate region.
- Why
does a pipeline need to be built at this time?
There is universal agreement that New England
and New York’s energy needs are growing,
particularly in the downstate market. However,
the pipeline capacity needed to deliver the
much-needed energy supplies has not kept pace
with demand. The solution to this growing problem
lies in developing new supplies of natural gas
and creating the infrastructure to take natural
gas from where it’s located to where it’s
needed. This project is designed to do that.
- Where
is the natural gas going to come from?
The natural gas delivered on the Empire Connector
will come from major supply basins in North
America.
- Will
localities along the route that do not currently
have a natural gas supply be able to tap into
the pipeline?
The Empire Connector will be designed to accommodate
interconnections to utility distribution systems.
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Environment
- What
steps are taken to protect the environment?
One of the main purposes of the survey process
is to ensure the protection of the environment
along the proposed route. Every effort will
be made to minimize the impact on the environment
during and after the construction process.
With
respect to natural gas projects, FERC safeguards
the environment by requiring steps to reduce
environmental impacts associated with pipeline
construction. For information on FERC environmental
guidelines visit: http://www.ferc.gov/industries/gas/enviro/guidelines.asp.
Natural
gas is the cleanest burning fossil fuel, making
it safer for the environment than other forms
of energy production. Information on natural
gas and the environment can also be found at:
http://ingaa.org/cms/33/1325.aspx.
-
Will the project consider watershed and other
environmental issues such as wetlands and streams?
Are river crossing techniques part of the process?
The New York State Department of Environmental
Conservation, the Army Corp of Engineers, the
Environmental Protection Agency and the New
York State Public Service Commission are very
much involved in this project. Empire is working
with all of these agencies and will seek the
permits necessary for pipeline construction.
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Economic Impact
- Are
towns along the route going to receive extra
tax money, or is the money Empire will pay just
replacing the taxes landowners already pay?
Empire estimates that municipalities will receive
approximately $4.2 million in new tax
revenue. Empire will pay taxes on the pipeline
itself, and not on the land where the pipeline
is buried. Landowners still own the land and
therefore, will still be responsible for property
taxes.
- Will
Empire hire local contractors?
Contractors will be hired from the local workforce
to the greatest extent possible. Typically with
a project like this, local laborers represent
about half of the total workforce and Empire
expects to need about 500 workers, in total.
In August 2007, we engaged a local firm, Otis
Eastern Service, Incorporated, as the pipeline
construction contractor. Based in Wellsville,
N.Y., Otis Eastern is one of the leading pipeline
contractors in the United States and has deep
experience in constructing pipelines in New
York State and, particularly, through agricultural
lands. Otis Eastern has completed other pipeline
work for us in the past and we have great confidence
in its ability and experience. It was imperative
to us that we entrusted this important work
to a reputable and trusted contractor who shares
our philosophy of reducing the impact to landowners
along the route by keeping safety, timeliness
and environmentally sound construction practices
as top priorities. To find out more about Otis
Eastern, visit www.otiseastern.com.
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Millennium Pipeline & Other Natural Gas Projects
- How
is the Empire Connector Project associated with
the Millennium Pipeline?
The Empire Connector Project will transport
natural gas to the Millennium Pipeline –
which completes transmission from Corning to
Suffern, outside the metro New York City area.
The projects are owned by different companies
and are not being constructed in partnership.
- If
the Millennium Pipeline is not approved, will
the Empire Connector be built?
The Millennium Pipeline project was approved
by FERC in December 2006.
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