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DEP Orders Energy Transfer to Restore Waterways
Pennsylvania Ag Connection - 05/15/2019

As part of the Pennsylvania Department of Environmental Protection's (DEP) ongoing investigation into the September 10, 2018, Revolution Pipeline explosion in Center Township, Beaver County, DEP today ordered ETC Northeast Pipeline LLC (ETC) to identify and restore or mitigate all streams and wetlands that it illegally eliminated or altered during the construction of the Revolution Pipeline.

"DEP's investigation of the explosion and the construction of the pipeline has found numerous violations impacting the streams and wetlands located along the length of the pipeline," said DEP Secretary Patrick McDonnell. "This order continues our strong commitment to hold all pipeline operators accountable for any actions that illegally impact Pennsylvania's environment."

While constructing the pipeline, ETC illegally eliminated at least 23 streams by removing and/or filling the stream channels with soil, resulting in a loss of 1,857 feet of stream channel; changed the length of 120 streams by manipulating and/or filling the stream channels with soil, resulting in a loss of 1,310 feet of stream channel; and eliminated at least 17, and altered 70, wetlands by manipulating and/or filling wetlands with soil. ETC failed to identify these impacts in its application materials and they were not allowed by the Erosion and Sediment Control General permits or the encroachment permits issued for the project. ETC has yet to perform a full assessment of the pipeline to identify all wetlands and streams impacted by pipeline construction, nor has it determined if the impacted streams and wetlands can be restored or if it will be necessary to provide mitigation.

ETC's actions violated Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act, and Oil & Gas Act of 2012, as well as Erosion and Sediment Control Regulations (Chapter 102) and Dam Safety and Waterway Management Regulations (Chapter 105).

DEP is ordering ETC to investigate all areas disturbed by earthmoving during construction along the entire length of the pipeline, to identify all impacted streams and wetlands, and submit a report summarizing the results of that investigation. ETC must also submit and implement a plan and schedule to restore or mitigate all impacted streams and wetlands, and then monitor the success of the restoration and mitigation.

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