Honorable Jason Leifer
Town of Dryden Supervisor
93 East Main Street
Dryden, NY 13053

Dear Supervisor Leifer:

Thank you for recently writing the Federal Energy Regulatory Commission (FERC) to oppose wetland/waterbody protection variances and the Notice to Proceed for the Dominion New Market Pipeline Project. Thank you also for expressing concerns about the incomplete clean up of toxic contamination at the Borger Compressor Station and documented inadequacies of the New Market Stormwater Pollution Prevention Plan.

See: Letter from Town of Dryden to FERC re: Borger Compressor Station - 3/6/2017

It has come to my attention that you earlier wrote Governor Cuomo on February 3, 2017 to urge the State of New York to "intervene immediately" and "take swift action" to require a "full SEQR [State Environmental Quality Review, not in the original] to be completed" for Dominion's requested variances for the proposed expansion of the Borger Compressor Station.

See: Letter from Town of Dryden to Gov. Cuomo, Commissioner Seggos, and Attorney General Schneiderman re: Borger Compressor Station - 2/3/2017

Your Powerfully Expressed Concerns

You wrote the Governor:

"The Dryden Town Board has been made aware that the New Market Project referenced above is proceeding with disburbances to wetlands and out-of-season removal of trees that were not part of their original plan for the Borger Station. As the Department knows, designated buffers and setbacks exist for a reason: to protect water quality and ecosystems from harmful encroachment."

I assume that Governor Cuomo did not provide a favorable response to your request since nothing about it was shared with me during our recent discussions or otherwise publicly disclosed. Please correct me if I am wrong.

FERC Grants Dominion's Requested Wetland/Waterbody Protection Variances and a Notice to Proceed

As you must know, FERC granted Dominion's requested wetland and waterbody protection variances and a Notice to Proceed on March 17, 2017.

See: CP14-497-000 MAR 17 2017.DOC

My Reiterated Requests for Immediate Action by the Town of Dryden

Given your powerfully expressed concerns, I respectfully write today to reiterate my urgent request that you immediately suspend or withdraw all local approvals for the inadequate and incomplete Stormwater Pollution Prevention Plan required for the proposed expansion of the Borger Facility expansion.

In addition to the shortcomings I have documented, I am incredulous that the Town of Dryden would find acceptable a Stormwater Pollution Prevention Plan that approved a Limit of Disturbance south of Ellis Hollow Creek Road that was not even included in the original proposal.

Moreover, that area includes a revised Limit of Disturbance approved by FERC's variance decision despite documented concerns about the pollution threat to adjoining wetlands, buffer zones and waterways.

I also reiterate that you should require Dominion to apply for a Special Use Permit and reject it. The massive Borger facility does not comport with your Town's Comprehensive Land-Use Plan because it is located in the "rugged terrain of the Allegheny Plateau portion of the town and land uses in the area should be limited to farming and recreation or conservation-oriented uses."

Lastly, I reiterate my request that you write Governor Cuomo to request that he revoke the factually incorrect Stormwater Pollution Prevention Plan and take additional action to fulfill the requirements detailed in your FERC letter.

Conclusion

The Town of Dryden is renowned for establishing the right of municipalities to take home rule action to limit heavy industrial activities. I respectfully request that the Town exercise its right of self-determination in the Dominion New Market Pipeline matter without further delay.

Your letter to Governor Cuomo referenced the authority "expressly preserved by the Natural Gas Act (15 U. S. C 717)." It is my understanding that a recent Supreme Court decision addressed your concern. I believe a similar matter is now being litigated by the Town of Pendleton, NY with regard to the proposed Northern Access Pipeline.

Your letter concludes, "The proposed variances are impacts affecting the environment, water quality and air quality that neither the general public, nor DEC [Department of Environmental Conservation, not in the original] has had any prior opportunity to consider."

I could not agree more with your analysis. That is why I urge you to implement the actions I proposed. These efforts would help the Town of Dryden resolve the concerns you voiced to FERC and the Governor.

Thank you for your consideration. Please do not hesitate to contact me if you have any questions that I might be able to answer.

Very best regards,

Walter Hang

cc: Honorable Andrew M. Cuomo
Honorable Kimberly D. Bose
Honorable Barbara S. Lifton
Honorable Basil Seggos
Honorable Howard Zucker
Honorable Walter Mugdan