Habitat Conservation Plan

Our Commitment

Conducting business in an environmentally-conscious manner is not only good business; it is the right thing to do.

NiSource Gas Transmission & Storage is proposing a Habitat Conservation Plan as part of the interstate gas pipeline company's commitment to its customers, employees, communities and to the environment. NiSource is developing its HCP in conjunction with the U.S. Fish & Wildlife Service (Service). (View Abbreviations and Definitions)

What is a Habitat Conservation Plan?

A Habitat Conservation Plan, and an accompanying Incidental Take Permit, is a more effective and beneficial way for entities like NiSource Gas Transmission & Storage to pro-actively comply with the Endangered Species Act.

A Habitat Conservation Plan is a legally-binding agreement between the Secretary of the Interior and either a private entity or a state that specifies conservation measures to be implemented in exchange for allowing the incidental "take" of a threatened or endangered species when the entity is conducting work that may impact a threatened species or its habitat.

The Endangered Species Act mandates protection of threatened and endangered species and their habitat on federal and non-federal land by prohibiting "take" of listed species through direct harm to individuals or habitat destruction. In the 1982 amendments to the ESA, Congress authorized the Service to issue non-federal entities permits for the "incidental take" of endangered and threatened wildlife species.

This permit allows non-federal entities to proceed with activities that are legal in all other respects, but may result in the "incidental" taking of listed species. Under this amendment, private entities who negatively affect federally listed species are required to design and implement a HCP that will minimize and mitigate harm to the impacted species.

NiSource's proposed HCP is a unique, multi-species, multi-state conservation effort. It encompasses approximately 15,500 miles of the NiSource Gas Transmission and Storage system, 14 states (View Service Map) and three administrative regions of the Service.

NiSource Gas Transmission & Storage operates an interstate pipeline and storage business to meet increasing demand in the eastern United States for domestically produced, clean-burning natural gas. Under federal law, there are now mandatory timeframes for response when pipeline integrity issues are discovered. Through the HCP and permitting process, NiSource hopes to enhance its operational responsiveness and achieve economies of scale on new construction and operation and maintenance of existing pipelines. In turn, NiSource will provide resources to assist in conserving endangered and threatened species.

Why Develop an HCP?

  • Each year, NiSource Gas Transmission & Storage undertakes numerous projects across its system to repair, upgrade, replace and expand its natural gas infrastructure. These projects are often located in or near habitats that could trigger the provisions of the ESA.
  • NiSource's experience over decades of projects has shown that, due to the linear nature of an interstate natural gas pipeline, work in and around pipeline facilities has a temporary and, for the most part, negligible impact on endangered species and their habitats. Experience also shows that the company's current procedure for complying with the Endangered Species Act - by following Section 7 - imposes a significant administrative impact on pipeline companies as well as the Service and the state agencies responsible for endangered species conservation.
  • Through the HCP process, NiSource is not requesting exemption from the ESA, but is proposing to comply by following Section 10 of the act instead of Section 7. The HCP and Incidental Take Permit would grant NiSource ESA clearances to perform day-to-day work on its pipelines. It would also apply to ESA clearances for new projects in NiSource's existing rights-of-way or adjacent to existing rights-of-way. Following a Habitat Conservation Plan will actually bring opportunities for conservation benefits that would not normally occur under Section 7 of the ESA. An approved HCP would bring not only complete compliance with the ESA, but additional approved conservation practice opportunities.
  • As part of this process, NiSource will develop and implement Best Management Practices and a mitigation package. These efforts will contribute significantly to NiSource's goal of applying sustainable conservation measures during its operation, maintenance and construction activities.
  • ITP coverage will apply to all pipeline work within a one-mile wide corridor (generally one-half mile on both sides of the centerline of the pipe or from the center point of any ancillary facility).

How is an HCP Reviewed?

The Service is responsible for ensuring National Environmental Policy Act compliance during the HCP process, including conducting public scoping meetings, preparation of an Environmental Impact Statement, and soliciting public comments. An independent third-party contractor (AMEC) has been retained to assist in meeting all NEPA requirements.

The ESA requires a minimum of 30 days for public comment on NiSource's incidental take permit application. However, a longer comment period of up to 60 days is expected. The public comment period on the draft EIS will run concurrently. Public comments must be considered in the permit decision.

NiSource has considered the comments received from the public during the scoping process and the technical information received from the U.S. Fish & Wildlife Service. We worked with the Service to develop a draft and sent a preliminary version August 12, 2008. NiSource expects to have the draft HCP ready for public review by spring of 2009. The Service expects to have the draft Environmental Impact Statement ready for comment shortly thereafter. Stakeholders and the public will have an opportunity to offer comments to NiSource and/or the U.S. Fish and Wildlife Service. The company hopes that the final Environmental Impact Statement and final HCP will be issued in the third quarter of 2009, with implementation of the HCP beginning in 2010.

About NiSource Gas Transmission and Storage

The NiSource Gas Transmission & Storage companies operate a network of interstate natural gas pipelines, offering natural gas transportation and storage services. NGT&S companies include Columbia Gas Transmission, Columbia Gulf Transmission, Crossroads Pipeline, Hardy Storage, and Millennium Pipeline. Together, they deliver annually about one trillion cubic feet of natural gas to 72 local distribution companies and several hundred gas end-users in Southern, Northeastern, Mid-Western and Mid-Atlantic states.

What's New

  • A Notice of Intent to prepare an EIS was published in the Federal Register on October 11, 2007. (view NOI)
  • Public scoping meetings were held between November 5, 2007 and November 16, 2007. (view list of scoping meetings)

More Information

For more information on NiSource Gas Transmission & Storage, please visit us at www.ngts.com.