Habitat Conservation Plan

Our Commitment

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

The development of a Habitat Conservation Plan is being undertaken in a collaborative effort with the US Fish & Wildlife Service as part of NiSource's environmental commitment to customers, employees, and the community.

What is a Habitat Conservation Plan?

Habitat Conservation Plans are legally-binding agreements between the Secretary of the Interior and either a private entity or a state that specify conservation measures that will be implemented in exchange for allowing the incidental "take" of a threatened or endangered species.

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 established a mechanism authorizing the Service to issue to non-federal entities a permit for the "incidental take" of endangered and threatened wildlife species.

This permit allows a non-federal landowner to proceed with an activity that is legal in all other respects, but that results in the "incidental" taking of a listed species. Under this amendment, private landowners negatively affecting federally listed species are required to design and implement an HCP that will minimize and mitigate harm to the impacted species during the proposed project.

NiSource's proposed HCP is a unique multi-species, multi-state conservation effort. It will encompass approximately 15,500 miles of the NiSource gas transmission and storage system and will traverse 17 states and three administrative regions of the Service. View Service Map

NiSource is rapidly growing its pipeline and storage business to meet increasing demand in the eastern United States. 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 for future new construction, operation, and maintenance of existing pipeline infrastructure. In turn, NiSource will provide resources to assist in the conservation of these species.

Why Develop an HCP?

  • Each year, NiSource undertakes numerous projects across its system to repair, upgrade, replace, and expand its natural gas infrastructure. These projects are often located in or near habitat 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 or their habitat. Experience also shows that compliance with the ESA imposes a significant budgetary and administrative impact on pipeline companies as well as the Service and the state agencies responsible for endangered species conservation.
  • The HCP and ITP would grant NiSource ESA clearances to perform day-to-day work on its pipelines. It would also apply to ESA clearances for new project work in an existing right-of-way or adjacent to the existing right-of-way.
  • Pursuant to Section 10 of the ESA, an ITP granted by the Service would give NiSource coverage from take liability without additional filings with the Service. The Service will base its decision whether to issue the ITP issuance upon information provided in the HCP and the resulting impact quantification in the NEPA document.
  • As part of this process, NiSource will develop and implement Best Management Practices and a mitigation package to avoid, minimize, and mitigate potential impacts to listed species.
  • ITP coverage will apply to all necessary pipeline work within a one-mile-wide corridor (generally one-half mile on either side 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 NEPA 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) reporting to the Service has been retained to assist in meeting all NEPA requirements.

The ESA requires a minimum 30-day period for public comment on NiSource's incidental take permit application and HCP; 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 are and must be considered in the permit decision. View Project Timeline

Additional Information

A Notice of Intent to prepare an EIS was published in the Federal Register on October 11, 2007 and can be found at the Service's Web site.

Written comments can be mailed or e-mailed to the Regional U.S. Fish and Wildlife Service. You can also provide comments at one of the public meetings being held at the following cities between November 5, 2007 and November 16, 2007:

  • Lafayette, LA
  • Philadelphia, PA
  • Cleveland, OH
  • Jackson, MS
  • Pittsburgh, PA
  • Richmond, VA
  • Washington, D.C.
  • Lexington, KY
  • Columbus, OH
  • Charleston, WV
  • Binghamton, NY
  • Nashville TN
  • Portsmouth, NH

Specific locations, dates, and times of public meetings can be found at the Service's web site.

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