VALLEY LATERAL PROJECT RESOURCE REPORT 1 ...

VALLEY LATERAL PROJECT

RESOURCE REPORT 1

General Project Description

FERC Docket No. CP16-__-000

November 2015

Resource Report 1 – General Project Description i Valley Lateral Project

TABLE OF CONTENTS Section Page 1.0 RESOURCE REPORT 1 – GENERAL PROJECT DESCRIPTION ........................................... 1-1 1.1 Introduction ................................................................................................................................... 1-1 1.2 Purpose and Need ......................................................................................................................... 1-2 1.3 Location and Description of Project Facilities .............................................................................. 1-4

1.3.1 Pipeline Facilities ............................................................................................................. 1-4 1.3.2 Aboveground Facilities .................................................................................................... 1-5

Meter Station ................................................................................................ 1-5 Launcher and Receiver Facilities ................................................................. 1-6 Tap valve ...................................................................................................... 1-6

1.3.3 Design Standards ............................................................................................................. 1-6 1.3.4 Status of Field Surveys .................................................................................................... 1-6

1.4 Land Requirements ....................................................................................................................... 1-7 1.4.1 Pipeline Facilities ............................................................................................................. 1-7

Construction Right-of-Way .......................................................................... 1-8 Additional Temporary Workspace ................................................................ 1-9 Access Roads ................................................................................................ 1-9 Pipeyards ...................................................................................................... 1-9 Operations Easement ................................................................................. 1-10

1.4.2 Aboveground and Pipeline Appurtenant Facilities ........................................................ 1-10 1.5 Construction Schedule and Compliance Procedures .................................................................. 1-10

1.5.1 Construction Schedule ................................................................................................... 1-10 1.5.2 Compliance Assurance Measures .................................................................................. 1-11

1.6 Construction Procedures ............................................................................................................. 1-12 1.6.1 Pipeline Facilities ........................................................................................................... 1-12

Typical Upland Pipeline Construction Procedures ................................... 1-14 Wetland Construction Procedures ............................................................. 1-19 Waterbody Construction Procedures ......................................................... 1-20 Road and Railroad Crossings .................................................................... 1-24 Foreign Utility Crossings ........................................................................... 1-25 Residential Areas ........................................................................................ 1-26 Commercial and Industrial Areas .............................................................. 1-26 Agricultural Areas ...................................................................................... 1-26 Other Construction Procedures ................................................................. 1-27

1.6.2 Exceptions to the FERC Plan and Procedures ............................................................... 1-28 1.6.3 Aboveground Facilities .................................................................................................. 1-28

General Construction Procedures .............................................................. 1-28 1.6.4 Restoration ..................................................................................................................... 1-29

Pipeline Right-of-Way ................................................................................ 1-29 Aboveground Facilities .............................................................................. 1-30 Access Roads .............................................................................................. 1-30

Resource Report 1 – General Project Description ii Valley Lateral Project

Pipeyards .................................................................................................... 1-31 1.7 Operations and Maintenance Procedures .................................................................................... 1-31

1.7.1 Pipeline .......................................................................................................................... 1-31 1.7.2 Aboveground Facilities .................................................................................................. 1-32

1.8 Future Plans and Abandonment .................................................................................................. 1-32 1.9 Public Outreach ........................................................................................................................... 1-33

1.9.1 Federal and State Agencies ............................................................................................ 1-33 1.9.2 Landowners .................................................................................................................... 1-33 1.9.3 Public Participation ........................................................................................................ 1-33 1.9.4 Environmental Complaint Resolution Procedure .......................................................... 1-34

1.10 Permits and Approvals ................................................................................................................ 1-35 1.11 Non-Jurisdictional Facilities ....................................................................................................... 1-35 1.12 Cumulative Impacts .................................................................................................................... 1-37

1.12.1 Potential Cumulative Impact on Resources within the Project Area ............................. 1-39 Geology, Soils, and Sediments ................................................................... 1-39 Water Resources and Wetlands .................................................................. 1-39 Vegetation and Wildlife .............................................................................. 1-40 Cultural Resources ..................................................................................... 1-41 Socioeconomics .......................................................................................... 1-41 Land Use .................................................................................................... 1-42 Traffic, Parking, and Transit ...................................................................... 1-43 Infrastructure and Public Services ............................................................. 1-43 Air Quality .................................................................................................. 1-44 Noise Quality .............................................................................................. 1-45 Conclusion .................................................................................................. 1-45

1.13 References ................................................................................................................................... 1-46

LIST OF TABLES TABLE 1.3-1 Existing Rights-of-Way Adjacent to the Valley Lateral .................................................. 1-5 TABLE 1.4-1 Land Requirements for the Valley Lateral Project .......................................................... 1-7 TABLE 1.4-2 Pipeyards ........................................................................................................................ 1-10 TABLE 1.6-1 Proposed HDD Locations and Estimated Water Usage ................................................. 1-24 TABLE 1.6-2 Roads Crossed by the Valley Lateral Project................................................................. 1-25 TABLE 1.6-3 Foreign Utilities Crossed by the Valley Lateral............................................................. 1-26 TABLE 1.6-4 NYSDAM Plan Sections incorporated into the Project ECS ......................................... 1-27

Resource Report 1 – General Project Description iii Valley Lateral Project

LIST OF FIGURES FIGURE 1.1-1 Valley Lateral Project General Location Map ................................................................. 1-3 FIGURE 1.6-1 Typical Pipeline Construction Sequence ....................................................................... 1-13

LIST OF APPENDICES APPENDIX 1A Supplemental Tables TABLE 1A-1 Construction Right-of-Way Widths for the Valley Lateral

TABLE 1A-2 Additional Temporary Workspace for the Valley Lateral TABLE 1A-3 Permanent and Temporary Access Roads TABLE 1A-4 Proposed Deviations to FERC Plan and Procedures TABLE 1A-5 Permits and Approvals TABLE 1A-6 Projects with Potential Cumulative Impacts on Resources within the General Area

of the Valley Lateral Project APPENDIX 1B Project Compliance and Mitigation Plans

Project Environmental Construction Standards Horizontal Directional Drill Contingency Plan Bedrock Blasting Plan Environmental Complaint Resolution Procedures APPENDIX 1C Maps and Figures

USGS Quadrangle Excerpts Projects with Potential Cumulative Impacts on Resources within the General Area of

the Valley Lateral Project Oversized Maps and Drawings

Pipeline Alignment Sheets (Scale 1-inch = 200 feet) Hydrostatic Pressure Test Plan

Site-Specific HDD Plans Typical Right-of-Way Configurations and Details Access Road Drawings Launcher/Receiver Station Plot Plans Full Size USGS Quadrangle Maps Full Size National Wetland Inventory (NWI) Maps APPENDIX 1D Agency Correspondence

APPENDIX 1E Public Participation Plan

APPENDIX 1F CPV Valley Energy Center New York State Public Service Commission Approval

Resource Report 1 – General Project Description iv Valley Lateral Project

VOLUME III – PRIVILEGED AND CONFIDENTIAL INFORMATION

APPENDIX 1G List of Affected Landowners

VOLUME IV – CRITICAL ENERGY INFRASTRUCTURE INFORMATION

APPENDIX 1H Meter Station Plot Plan

Resource Report 1 – General Project Description v Valley Lateral Project

RESOURCE REPORT 1—GENERAL PROJECT DESCRIPTION

Filing Requirement Location in

Environmental Report

Provide a detailed description and location map of the project facilities (§ 380.12(c)(1)). Include all pipeline and aboveground facilities. Include support areas for construction or operation. Identify facilities to be abandoned.

Sections 1.1, 1.3 Figure 1.1-1

Describe any non-jurisdictional facilities that would be built in association with the project. (§ 380.12(c)(2)). Include auxiliary facilities (See § 2.55(a)). Describe the relationship to the jurisdictional facilities. Include ownership, land requirements, gas consumption, megawatt size,

construction status, and an update of the latest status of Federal, state, and local permits/approvals.

Include the length and diameter of any interconnecting pipeline. Apply the four-factor test to each facility (see § 380.12(c)(2)(ii)).

Section 1.11

Provide current, original United States Geological Survey (USGS) 7.5-minute series topographic maps with mileposts showing the project facilities (§ 380.12(c)(3)). Maps of equivalent details are acceptable if legible (check with staff). Show locations of all linear project elements, and label them. Show locations of all significant aboveground facilities, and label them.

Appendix 1C

Provide aerial images or photographs or alignment sheets based on these sources with mileposts showing the project facilities. (§ 380.12(c)(3)). No more than 1-year old Scale no smaller than 1:6,000

Appendix 1C

Provide plot/site plans of compressor stations showing the location of the nearest noise-sensitive areas (NSA) within 1 mile. (§ 380.12(c)(3,4)). Scale no smaller than 1:3,600 Show reference to topographic maps and aerial alignments provided above.

N/A

Describe construction and restoration methods. (§ 380.12(c)(6)). Section 1.6 Identify the permits required for construction across surface waters.

(§ 380.12(c)(9)). Include the status of all permits. For construction in the Federal offshore area be sure to include consultation with

the MMS. File with the MMS for rights-of-way grants at the same time or before you file with FERC.

Section 1.10

Provide the names and addresses of all affected landowners as required and certify that all affected landowners will be notified; Affected landowners are defined in § 157.6(d)(2) Provide an electronic copy directly to the environmental staff.

Volume III, (Filed as Privileged)

Resource Report 1 – General Project Description vi Valley Lateral Project

RESOURCE REPORT 1—GENERAL PROJECT DESCRIPTION

Filing Requirement Location in

Environmental Report

Additional Information Often Missing and Resulting in Data Requests

Describe all authorizations required to complete the proposed action and the status of applications for such authorizations.

Section 1.10 and Table 1A-5

Provide plot/site plans of all other aboveground facilities that are not completely within the right-of-way.

Appendix 1C and Appendix 1H (Volume IV)

Provide detailed typical construction right-of-way cross-section diagrams showing information such as widths and relative locations of existing rights-of-way, new permanent rights-of-way, and temporary construction rights-of-way. See Resource Report 8 – Land Use, Recreation, and Aesthetics.

Appendix 1C

Summarize the total acreage of land affected by construction and operation of the project.

Section 1.4

If Resource Report 5 - Socioeconomics is not provided, provide the start and end dates of construction, the number of pipeline spreads that would be used, and the workforce per spread.

Section 1.5.1

Send two (2) additional copies of topographic maps and aerial images/photographs directly to the environmental staff of the Office of Energy Projects (OEP).

Appendix 1C

Resource Report 1 – General Project Description vii Valley Lateral Project

FERC COMMENTS ON DRAFT RESOURCE REPORT 1

LOCATION OR RESPONSE TO COMMENT

JULY 22, 2015 COMMENTS

General Comment

1. Provide/populate all data tables and information currently noted as TBD with planned resource reports

Tables provided throughout resource reports.

Resource Report 1 – General Project Description

1. In section 1.2, as related to the purpose and need of the Project, provide details regarding which specific older and less efficient electric generating units would be displaced by the construction and operation of the CPV Valley Energy Center.

Statement was deleted.

2. In section 1.3, provide the diameter, maximum allowable operating pressure, and maximum operating pressure for the pipeline lateral.

See Section 1.3

3. Expand table 1.3-1, to include the type and name of the existing infrastructure where the proposed pipeline would be adjacent to or collocated with existing rights-of-way.

See Section 1.3.1

4. Clarify whether mainline block valves other than the tap valve at milepost 0.00 would be required; if so, identify the number and location, by milepost, for mainline valves in table 1.4-1.

No other mainline block valves other than the tap valve at milepost 0.00 would be required.

5. In section 1.4.1.1, provide a table which summarizes the locations, by milepost, where the construction right-of-way would be 75, 100, or 135 feet wide

See Section 1.4.1.1 and Table 1A-1

6. Provide a table listing and justifying deviations from the FERC Upland Erosion Control, Revegetation, and Maintenance Plan (Plan) and Wetland and Waterbody Construction and Mitigation Procedures (Procedures). This table should include the section of the Plan or Procedures for the requested deviation, the deviation itself, justification for the deviation, and how the deviation would provide equal or greater mitigation. If major modifications to the FERC Plan and Procedures are proposed, Millennium should provide its own modified versions of the documents that would be used during construction and operation of the Project.

See Table 1A-1 and 1A-4 in Appendix 1A

7. In section 1.6, include additional information regarding horizontal direction drills (HDDs):

a. clarify whether vegetation within the 10-foot access path along the HDDs would be cleared, and provide the clearing method, if applicable; and

Vegetation within the 10-foot access path along the HDDs would be restricted to hand cutting a walking path for control wire during construction. No vegetation clearing will occur in this area during operation.

b. identify the source for water that would be used for Project construction, including hydrostatic testing and HDDs.

See Section 1.6.1.1.

8. In section 1.6.1.5, provide a table identifying foreign utilities that would be crossed by the Project.

See Table 1.6-3

9. Under section 1.11, incorporate by reference the New York State Environmental Quality Review Act findings statement.

See Section 1.11 and Section 1.13

Resource Report 1 – General Project Description viii Valley Lateral Project



JULY 22, 2015 COMMENTS

10. Consult with land managing agencies, state and local planning agencies, and other appropriate entities to identify past, present, and reasonably foreseeable future projects (e.g., roads, bridges, mining, utility projects, other pipelines and compressor stations, large commercial/industrial/residential developments, etc.) in the potential resource area of impact that could be affected by the Project. Include the Minisink Compressor Station in the analysis of cumulative impacts. Millennium should describe how it defines the area of impact for each resource area, because the area of impact may vary by resource. Include a map showing the identified projects in relation to the planned Project.

See Section 1.12 and Appendix 1D



OCTOBER 1, 2015 COMMENTS

Resource Report 1 – General Project Description

2. In section 1.3.1, discuss the pipe associated with the metering facilities at milepost 7.8; clarify whether the pipe is included in the total length of pipeline estimated for the Project and that it is included in all acreage tables and estimated impacts. Provide the acreage leased or purchased for the planned meter station.

Resource Report 1, Section 1.3.2. Resource Report 1, Section 1.4.2

2. In table 1.4-1, specify the acreage of the planned launcher facility at milepost 0.0 that would be located in the permanent right-of-way, as stated in section 1.4.2.

Resource Report 1, Table 1.4-1.

3. In section 1.3.4, summarize, by milepost and facility, the areas where access is not available and field surveys are not complete.

Resource Report 1, Section 1.3.4

4. In section 1.6.1.1 and table 1.6-3, identify the measures that would be taken in the case of accidental damage to a foreign utility during construction. Revise table 1.6-3 to include all foreign utilities identified on the alignment sheets.

Resource Report 1, Section 1.6.1.1, Table 1.6-3, and Appendix 1C.

5. In section 1.6.1.3 and table 1.6-1, clarify the source(s) for water that would be used for horizontal directional drill (HDD) construction, hydrostatic testing, and, if applicable, dust abatement. If streams are proposed for water withdrawal, discuss the timing of such activities, and if any pretreatment would be necessary.

Resource Report 1, Section 1.6.1.3, Table 1.6-1.

6. In table 1A-1, revise the table to clarify right-of-way widths and discrepancies with the alignment sheets provided in appendix 1C.

Resource Report 1, Table 1A-1 and Appendix 1C.

Resource Report 1 – General Project Description ix Valley Lateral Project



OCTOBER 1, 2015 COMMENTS

7. In table 1A-4, revise the table to include the following:

a. specify the section of the FERC Procedures applicable to each deviation, including identification of those locations where a wetland would be located within ATWS; and

Resource Report 1, Table 1A-4.

b. verify that all deviations depicted in the alignment sheets provided as appendix 1C are included in the table, including areas where wetlands are located within 50 feet of ATWS but are not located in agricultural fields, such as at ATWS-036 (MP 3.1), ATWS-054 (MP 5.2), and ATWS-055 (MP 5.5.


8. In appendix 1C, provide the following:

a. full aerial imagery for ATWS-071 at milepost 7.2; and Resource Report 1, Appendix 1C

b. include the metering facilities and associated pipeline and workspace at milepost 7.8.

Volume IV, Critical Energy Infrastructure Information

9. Provide typical drawings for utility crossings and temporary and permanent access road construction.

Attachment G of the Project ECS, included in Resource Report 1, Appendix 1B.

10. Update table 1A-5, Permits and Approvals, and provide a brief description of actions taken, and note the status of each permit or consultation as either pending or complete.


11. In section 1.6.1.8, summarize the measures Millennium plans to incorporate from the New York State Department of Agriculture and Markets pipeline construction guidance document.

Resource Report 1, Section 1.6.1.8.

Resource Report 1 – General Project Description x Valley Lateral Project

LIST OF ACRONYMS AND ABBREVIATIONS

API American Petroleum Institute ATWS additional temporary workspace AQCR Air Quality Control Region CFR Code of Federal Regulations CPV CPV Valley, LLC DEIS Draft Environmental Impact Statement ECS Environmental Construction Standards ER Environmental Report FERC or Commission Federal Energy Regulatory Commission FERC Plan Upland Erosion Control, Revegetation, and Maintenance Plan FERC Procedures Wetland and Waterbody Construction and Mitigation Procedures HDD horizontal directional drill HDD Plan Horizontal Directional Drill Contingency Plan Millennium Millennium Pipeline Company, L.L.C. MP milepost NEPA National Environmental Policy Act NYISO New York Independent System Operator’s NYSDAM New York State Department of Agriculture NYSDEC New York State Department of Environmental Conservation Project Valley Lateral Project SEQRA State Environmental Quality Review Act TAR temporary access roads U.S. United States USACE U.S. Army Corps of Engineers USDOT U.S. Department of Transportation USGS U.S. Geological Survey

Resource Report 1 – General Project Description 1-1 Valley Lateral Project

1.0 RESOURCE REPORT 1 – GENERAL PROJECT DESCRIPTION 1.1 INTRODUCTION Millennium Pipeline Company, L.L.C. (Millennium) is seeking authorization from the Federal Energy Regulatory Commission (FERC or Commission) pursuant to Section 7(c) of the Natural Gas Act1 to construct, install, own, operate, and maintain the Valley Lateral Project (Project). The Project will provide firm transportation of natural gas to the new 650 megawatt gas-powered CPV Valley Energy Center being constructed by CPV Valley, LLC (CPV) in the town of Wawayanda, New York. The Project, as proposed, includes approximately 7.8 miles of new natural gas pipeline that will extend from Millennium’s existing main line pipeline north to the CPV Valley Energy Center, as well as ancillary aboveground facilities. The target in-service date for the Project is April 2017. The FERC will conduct a full review of the Project under its regulations in compliance with the Natural Gas Act and the National Environmental Policy Act (NEPA). On April 30, 2015, Millennium requested approval from the FERC to initiate the Pre-filing NEPA Review Process for the Project. The FERC issued its approval of Millennium’s Pre-filing request on May 19, 2015, under Docket No. PF15-23-000. The Pre-filing Review Process will allow for active participation by interested stakeholders throughout the Project development process while maintaining a coordinated schedule and ensuring the timely review and decision on the Certificate application. The Pre-filing Review Process will also allow Millennium and the FERC to have open communication during the planning stages of the Project and will greatly improve the FERC’s ability to identify issues early and address them in the Environmental Assessment. Millennium filed its draft Environmental Report (ER) in June 2015 and is now filing this final ER as part of its application with the Commission for a Certificate of Public Convenience and Necessity to construct, install, own, operate, and maintain the Project. The FERC’s NEPA review process requires an applicant to submit an ER consisting of up to 13 individual resource reports. Each resource report addresses a particular aspect of the environment in the Project area and evaluates the potential effects of the construction and operation of the Project on that particular aspect. This Resource Report 1 (General Project Description) identifies the purpose and need for the proposed Project, the locations and descriptions of Project facilities, and the land requirements associated with the construction and operation of the proposed facilities. This report also discusses: the proposed construction procedures; construction schedule; work force, operation and maintenance procedures; potential plans for future expansion of the proposed facilities; agency consultation and landowner notification; permits and approvals required to construct and operate the Project; status of field surveys; proposed non-jurisdictional facilities; and an assessment of cumulative impacts from other reasonably foreseeable future projects.

1 15 U.S.C. § 717f(c) (2012).


A checklist showing the status of the FERC filing requirements for Resource Report 1 is included following the table of contents. Required drawings and maps showing the proposed Project facilities are located in Appendix 1C. Refer to Figure 1.1-1 for a Project overview map that shows the location of all proposed facilities and their association with Millennium’s existing pipeline facilities. 1.2 PURPOSE AND NEED The Project will create firm lateral capacity capable of delivering approximately 130,000 dekatherms per day of natural gas as fuel to the CPV Valley Energy Center being constructed by CPV in Orange County, New York. Millennium and CPV have entered into a precedent agreement regarding the development of the Project, which provides that Millennium and CPV will enter into a firm transportation service agreement for service on the lateral for a primary term of 15 years. In accordance with the precedent agreement, service on the lateral is anticipated to commence in April 2017 to facilitate the commissioning process of the CPV Valley Energy Center. According to CPV2, the CPV Valley Energy Center will be a new 650 megawatt combined-cycle, natural gas-fired electric power generating facility constructed to help meet the region’s growing energy demands. The energy center will use the most advanced and environmentally-conscious power generation technology available, making it one of New York’s cleanest natural gas energy facilities. The CPV Valley Energy Center will generate enough electricity to power more than 650,000 homes in the region when operational. Additionally, this new generation facility will help to lower electricity costs, which could save New York ratepayers more than $400 million a year in reduced electricity costs. The CPV Valley Energy Center will help address the electric reliability needs of downstate New York. The New York Independent System Operator (NYISO) established, and the Commission approved, a new capacity zone and related demand curve to address a transmission constraint that limits the deliverability of electric power into the Lower Hudson Valley. Specifically, the NYISO determined that the Upstate New York/Southeast New York Highway interface into the Lower Hudson Valley was constrained because it was “bottling” 849.2 megawatts of generation from areas upstate of the Lower Hudson Valley.3 Accordingly, the NYISO created the Lower Hudson Valley zone to provide more accurate price signals and encourage the addition of generation and transmission resources to enhance the reliability within the new capacity zone.4 The CPV Valley Energy Center site is located within this new zone.

2 See, http://www.cpvvalley.com/about.html 3 N.Y. Indep. Sys. Operator, Inc., 144 FERC ¶ 61,126 at P 14 (2013), on reh’g, N.Y. Indep. Sys. Operator,

Inc., 147 FERC ¶ 61,152 (2014). 4 Id. at PP 24-25.

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Proposed Valley LateralExisting Millennium PipelinePotential Access RoadPipeyard

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Valley Lateral ProjectGeneral Location Map

Data sources: ESRI, TRC, and Millennium Pipeline

Figure 1.1-1


1.3 LOCATION AND DESCRIPTION OF PROJECT FACILITIES The Project includes a new pipeline lateral and entails all new facilities. All receipt and delivery points and pipeline facilities are designed to meet contractual requirements. The Project consists of the following components and facilities:

approximately 7.8 miles of new 16-inch diameter pipeline in Orange County, New York;

one delivery meter station and associated piping at the CPV Valley Energy Center, approximate milepost (MP) 7.8;

one launcher facility (MP 0.0); and

one receiver facility at the CPV Valley Energy Center (MP 7.8).

The proposed locations of Project facilities are shown on United States (U.S.) Geological Survey (USGS) Quadrangle excerpts provided in Appendix 1C. Typical plot plans showing the “pig” launcher/receiver are also provided in Appendix 1C. Also included in Appendix 1C are full-size USGS topographic maps and aerial-based alignment sheets showing the proposed locations of the Project pipeline and associated components, including the construction and operational pipeline rights-of-way, additional temporary workspace (ATWS), aboveground facilities, pipeyards, access roads, and horizontal directional drill (HDD) locations as described in the following sections. 1.3.1 Pipeline Facilities

The Project will include approximately 7.8 miles of new natural gas pipeline that will extend from an interconnection with Millennium’s existing pipeline in Minisink, Orange County, New York north to the CPV Valley Energy Center in Wawayanda, Orange County, New York. The pipeline will have a maximum allowable operating pressure and a maximum operating pressure of 1,250 pounds per square inch gauge. To the extent practicable, the Project pipeline will be constructed adjacent to but not in other existing rights-of-way (e.g., pipelines, electric transmission lines, roadways, etc.). Based on current design, approximately 23 percent of the total length of the new pipeline will be adjacent to existing rights-of-way. Table 1.3-1 lists the locations where the pipeline will be installed adjacent to other existing rights-of-way, the operator, and the types of permanent rights-of-way where known. As shown in Table 1.3-1, a portion of the pipeline alignment will be located adjacent to an abandoned railroad, no longer in operation and currently owned by Orange County and an electric power line operated by Orange and Rockland Utilities, Inc. Currently, the Project does not contemplate any areas where the pipeline will be placed directly within any existing easements (i.e., collocated) because there is not sufficient construction space to safely install the pipeline within the existing utility easements.


TABLE 1.3-1 Existing Rights-of-Way Adjacent to the Valley Lateral

Milepost Begin

Milepost End

Length Adjacent

to or Within

Existing ROW

(miles)

Type of ROW / Operator

Approximate Offset Distance (feet)

Width of Existing

ROW to be Used for

Construction ROW (feet)

Width of Existing

ROW to be Used for

Operation ROW (feet)

from Construction

Work area

from Pipeline

Centerline

0.00 0.72 0.72 Abandoned Railroad

/ Orange County 0 75 0 0

0.72 1.31 0.59 Power line / Orange

and Rockland Utilities, Inc.

0 50 35 0

1.31 1.82 0.51 Power line / Orange

and Rockland Utilities, Inc.

0 50 0 0

TOTAL: 1.82 - - - 35 0

%: 23.45

1.3.2 Aboveground Facilities

Aboveground facilities for the Project will consist of the tap valve (MP 0.0), pig launcher (MP 0.0), pig receiver (MP 7.8), and meter station with associated piping (MP 7.8). These facilities are depicted on the full-size USGS maps and aerial-based alignment sheets and the USGS map excerpts provided in Appendix

1C.

Meter Station

The Project will include one new delivery meter station located on CPV’s property and within the area already approved and currently being used for construction of the CPV Valley Energy Center at approximately MP 7.8 (see Volume IV for a plot plan). Equipment to be installed at the meter station includes gas piping, ultrasonic meter, pressure and flow control regulation, valving, gas chromatograph, gas quality equipment, filter/separation plus tank and containment, gas heaters, a data acquisition system, building(s), electrical power, above ground piping, and fencing facilities. Additionally, 533 feet of underground piping is proposed between the pig receiver and meter station. This piping is included for analysis throughout this ER and referred to as the “meter station piping”. Electrical power will be provided for building cooling, lighting, ventilation, and control equipment without requiring the construction of any additional facilities other than those already approved for the CPV Valley Energy Center. A small satellite dish may be installed for Supervisory Control and Data Acquisition. Voice communications and Supervisory Control and Data Acquisition backup will be provided utilizing telephone service, which also will not require the construction of any additional facilities other than those already approved for the CPV Valley Energy Center.


Launcher and Receiver Facilities

A launcher will be installed at the beginning of the lateral pipeline and a receiver at the end of the lateral pipeline to accommodate in-line cleaning and inspection tools for the periodic maintenance and internal inspection of the pipeline during operation. The launcher and receiver will extend the pipeline aboveground to facilitate the insertion and removal of the in-line inspection tools. A launcher/receiver typical detail is included in Appendix 1C.

Tap valve

A tap valve will be installed within the existing permanent easement for the Millennium Pipeline at Valley Lateral MP 0.0. 1.3.3 Design Standards

All pipeline facilities and associated appurtenances will be designed, constructed, tested, operated, and maintained to conform to or exceed the requirements of the U.S. Department of Transportation (USDOT) in 49 Code of Federal Regulations (CFR) Parts 191 and 192, Transportation of Natural and Other Gas by Pipeline, Minimum Safety Standards, Annual Reports, Incident Reports, and Safety-related Condition Reports; 18 CFR § 380.15, Site and Maintenance Requirements; and other applicable federal and state regulations. The pipeline will be constructed of carbon steel pipe that has been manufactured in accordance with the American Petroleum Institute’s (API) specifications for seamless and welded steel line pipe for use in conveying gas in the natural gas industries (API 5L) with a fusion-bonded epoxy coating. 1.3.4 Status of Field Surveys

Detailed civil, biological and cultural field surveys began in May 2015 within a 300-foot-wide survey corridor to accommodate the construction/permanent rights-of-way, ATWS, and minor route realignments that may be required for site-specific features. Environmental components of the survey program include delineations of wetlands and waterbodies, identification of threatened and endangered species or their habitat, surveys for cultural resources within the area of potential effect, and identification of nearby water supply wells and residences. As of October 31, 2015, civil, biological, and cultural surveys have been completed on land where survey permission has been granted (approximately 96 percent of the construction right-of-way, the pipeyards, and all access roads). Survey was obtained prior to one landowner rescinding access from MP 2.42 to MP 2.99. No survey permission has been obtained and no survey has been gathered from MP 3.01 to 3.03, MP 3.11 to 3.35, and at MP 5.65 (approximately 50 feet of no survey). Survey is incomplete from MP 3.03 to MP 3.11, to minimize disturbance of the abutting landowner where survey permission has not been obtained. More detailed information on the methodologies used, and the status and results of surveys completed to date is included in Resource Report 2 (Water Use and Quality); Resource Report 3 (Vegetation and


Wildlife, including threatened and endangered species); and Resource Report 4 (Cultural Resources) of this Environmental Report. 1.4 LAND REQUIREMENTS Construction and operation of the pipeline will require acquisition of construction work areas consisting of the temporary construction right-of-way, ATWS, access roads from public roadways to the construction work areas, and two pipeyards. Following construction, all construction work areas will be restored and revegetated. Millennium will retain a 50-foot-wide permanent easement for operation of the pipeline. Table 1.4-1 summarizes land requirements for construction and operation of the Project components. Table 8A-2 in Resource Report 8 provides an analysis of existing land uses crossed and affected by Project construction and operation.

TABLE 1.4-1 Land Requirements for the Valley Lateral Project

Facility

Land Affected During

Construction (acres)a

Land Affected During Operation

(acres)b

Pipeline right-of-way 58.37 39.15

Additional Temporary Workspace 29.81 0.00

Aboveground Facilitiesc

Launcher (MP 0.0) 0.17 0.17

Receiver (MP 7.8) 0.23 0.23

Meter Station Piping 0.58 0.58

Meter Station (MP 7.8) 0.23 0.23

Access Roads 9.56 2.84

Pipeyards 19.07 11.57

TOTALd: 118.01 54.76

Notes: a: Includes all construction workspace, (i.e. the permanent right-of-way, temporary right-of-way, and ATWS). ATWS 001 included in the Pipeyard acres. b: Includes only the permanent right-of-way. Does not include the area between HDD entry and exit points. c: The land required for the tap valve (MP 0.0) is included in the pipeline right-of-way acres. d: Sums may not equal addends due to rounding.

1.4.1 Pipeline Facilities

The following sections describe the various components of the construction work areas and land that will be maintained for operation of the Project.


Construction Right-of-Way

Appendix 1C includes typical right-of-way cross-sections for construction in uplands, agricultural land, and wetlands. Millennium is proposing to use a construction right-of-way width that will provide for safe working conditions and efficient pipe installation while also protecting sensitive environmental resources. The dimensions of Millennium’s typical construction rights-of-way are based on the following considerations.

Construction Work Area: The equipment work area typically will require approximately 75 feet for efficient pipe installation and to accommodate:

o Automatic welding – Millennium may use automatic welding to weld the pipe joints together before lowering the pipe into the trench. This involves use of portable shelters, commonly referred to as “sheds” or “shacks,” that are leapfrogged down the right-of-way by sidebooms during mainline welding operations. The standard width of these sheds is between 10 and 12 feet, not including maneuvering room for the sideboom to move the sheds down the right-of-way.

o A travel lane – The travel lane is essential for efficient pipeline construction and allows equipment and support crews to pass around construction activities. During pipe laying activities, the travel lane allows sidebooms to leapfrog along the right-of-way, allowing for longer segments of pipe to be installed. For short distances and in environmentally sensitive areas, the travel lane can be reduced, although ATWS is often required outside of the sensitive areas for pipe makeup and/or spoil storage.

The construction right-of-way width and temporary land requirements for installation of the pipeline will differ according to the type of terrain encountered, construction methods that will be used, and environmental sensitivity of the land being crossed. The typical right-of-way cross-sections are provided in Appendix 1C. Based on construction experience involving comparable installations, and evaluation of the environmental sensitivity of the land being crossed, Millennium is proposing use of the following typical construction right-of-way widths:

110 feet in agricultural land (i.e., full right-of-way topsoil segregation);

105 feet in agricultural areas where temporary workspace has been reduced to avoid impacts on wetlands;

75 feet in upland areas, and non-forested and forested wetland areas; and

Up to 135 feet in areas of steep side slope.

Table 1A-1 summarizes the locations, by milepost, where the standard construction right-of-way would be 75, 110, 105, or 135 feet wide.


Additional Temporary Workspace

ATWS will be required where an obstacle prevents the normal placement of spoil and the placement of pipe sections immediately adjacent to the pipe trench (for example, at a waterbody crossing or road crossing), where additional volumes of spoil will be generated in areas where a reduced right-of-way is being used (for example, at wetland crossings), or where additional construction operations will be performed (for example, at HDDs). ATWS typically will be required on both sides of road, wetland, and waterbody crossings, at truck turnarounds, at hydrostatic test water withdrawal pump locations, at pipe tie-ins, at HDD entry and exit points, at foreign pipeline or other utility crossings, and for staging and fabrication of drag sections. The size and configuration of each ATWS is unique and dependent upon the existing conditions at each work location (e.g., available or accessible space, the presence of buildings and other structures, crossing angle, crossing depth, length of crossing, terrain, or the presence of trees or sensitive habitat). See Table 1A-2 for the proposed location and purpose of each ATWS.

Access Roads

Access roads are used to transport construction workers, equipment and materials to the construction work area from public interstate, state, county and local highways/roads. These access roads include private roads and/or two-tracks that may require minor modification or improvement to safely support the expected loads associated with the movement of construction equipment and materials to and from the public roadways to the construction right-of-way. Modifications or improvements to these access roads may include grading or other minor maintenance to prevent rutting during use, placement of additional gravel or crushed stone on the existing surface, enlargement to accommodate the pipeline equipment, such as stringing trucks, and/or installation of board or timber mats that will be removed upon completion of construction. Millennium has identified ten temporary access roads for use during construction of the pipeline (five existing roads and five new roads). Two permanent access roads are proposed for construction of the above ground facilities at MP 0.0 and MP 7.8, and for access to the aboveground facilities during operation. The permanent access road for the pig launcher and tap at MP 0.0 is an existing gravel road with proposed paved entrance. The majority of the permanent access road for the pig receiver and meter station MP 7.8 consists of the existing permanent access road for the CPV Valley Energy Center. This road will be extended for access to the meter station. Table 1A-3 provides access road locations, length, existing surface type, and existing land use.

Pipeyards

Pipeyards and contractor yards are needed for various uses, such as stockpiling pipe, fabricating concrete weights and piping assemblies, staging construction operations, storing construction materials, parking equipment, and for temporary construction offices. Two pipeyards have been identified for use during construction of the Project. In general, the pipeyards will require minimal improvements, primarily in the


form of a graded gravel base to stabilize the ground surface and allow for motor vehicle traffic, delivery and storage of pipe and associated equipment and materials, and placement of storage trailers and on-site office trailers. The pipeyards are included in Table 1.4-2 and a map of the locations is included in Appendix 1C.

TABLE 1.4-2 Pipeyards

Yard Name Location County/Town Size

(acres) Land Use

CY-1 0.5 mile northwest

of MP 6.3 Orange/

Wawayanda 7.50

Commercial Industrial

CY-2 MP 0.0 Orange/ Minisink

11.57 Agricultural

TOTAL: 19.07

Operations Easement

Following construction of the pipeline, Millennium will retain 50 feet of the construction right-of-way as a permanent easement to allow for inspection and maintenance of the pipeline during operation. 1.4.2 Aboveground and Pipeline Appurtenant Facilities

Millennium will obtain an agreement or license with CPV for use of the 1.21 acres required for construction and operation of the meter station, associated piping, and receiver within the CPV Valley Energy Center property. Millennium has entered into an agreement to purchase the land for the pig launcher, tap valve, and pipeyard CY-2, located at MP 0.0. Land for pipeyard CY-1 will be leased by Millennium during construction. 1.5 CONSTRUCTION SCHEDULE AND COMPLIANCE PROCEDURES 1.5.1 Construction Schedule

Millennium plans to commence construction in September 2016, pending receipt of all applicable permits and clearances. The pipeline is scheduled to be in-service by April 2017. Millennium will install the pipeline using one construction spread, and smaller work crews for the HDDs, meter stations, and launcher and receiver. The order in which each facility will be constructed may vary, depending upon the capabilities of each contractor, available workforce and optimized construction logistics. The estimated peak Project construction work force is expected to be approximately 220 workers. Millennium anticipates approximately 60 percent of the construction workforce for the pipeline and approximately 40 percent of the construction workforce for the meter station will be local hires.


1.5.2 Compliance Assurance Measures

To ensure that construction of the Project facilities will comply with mitigation measures identified in Millennium’s applications and supporting documentation, the FERC’s environmental conditions, and the requirements of other applicable permitting agencies, Millennium will include, whenever appropriate, environmental requirements in its construction drawings and / or specifications. To solicit accurate bids for pipeline construction, Millennium will provide these specifications and advance versions of the Construction Drawing Package to qualified prospective pipeline contractors. Contractors selected to perform work on the Project will receive copies of specifications and a Construction Drawing Package containing pipeline and aboveground facility drawings designated as being approved for construction. For those mitigation measures that address pre-construction surveys and clearances, Millennium will include pertinent correspondence documenting compliance with these mitigation measures in the Construction Drawing Package. For those mitigation measures that address permit conditions from applicable regulatory agencies, Millennium will include copies of permits and related drawings in the Construction Drawing Package. For those mitigation measures that, in part, address post-construction requirements, Millennium will include instructions and documentation that will be provided to operating personnel following the completion of construction. These maintenance instructions will include copies of pertinent permits with particular reference to long-term permit conditions and reporting requirements. Millennium will require the selected contractors to install the proposed facilities according to Millennium’s standard specifications, the Construction Drawing Package, and the terms of a negotiated contract. To support the application of proper field construction methods, Millennium has generally incorporated the FERC’s Upland Erosion Control, Revegetation and Maintenance Plan (FERC Plan) and FERC’s Waterbody and Wetland Construction and Mitigation Procedures (FERC Procedures) into the Project’s Environmental Construction Standards (ECS) to address the site-specific conditions in the Project area (see Appendix 1B). Any deviations from, or additions to, the FERC Procedures have been identified in Section 1.6.2 for FERC approval prior to implementation. Appendix 1B includes the following plans that Millennium will implement during construction of the Project:

Project ECS (including Spill Prevention and Response Procedures that provides procedures for hazardous materials transportation, handling, storage, spill prevention, and spill response);

Horizontal Directional Drill Contingency Plan (HDD Plan) that provides procedures to be followed during HDD operations to minimize the potential for release of drilling fluids, containment and cleanup of inadvertent releases of drilling fluids should they occur, and steps that will be followed if the HDD cannot be completed as planned;

Bedrock Blasting Plan; and

Environmental Complaint Resolution Procedures so that landowners and stakeholders may report environmental complaints or concerns, and a process for resolving these concerns.


In addition, Millennium will implement its Procedures Guiding the Discovery of Unanticipated Cultural Resources and Human Remains in the event that unanticipated cultural resources or human remains are encountered during construction. These procedures are included in Resource Report 4, Appendix 4B of this Environmental Report. Millennium will conduct environmental training sessions for all Millennium construction management and contractor personnel prior to and during the pipeline installation. While this training will focus on implementation of best management practices contained in the plans in Appendix 1B, it will also include instructions on construction work area limits, permit requirements, and other mitigation measures, as appropriate. Millennium will employ a full-time Environmental Inspector for the duration of Project construction. The Environmental Inspector will have duties consistent with those contained in Paragraph II.B. (Responsibilities of Environmental Inspectors) of the FERC Plan, including ensuring compliance with environmental conditions attached to any Certificate issued by the FERC for the Project, Project environmental designs and specifications, and environmental conditions attached to other permits or authorizations. Millennium will provide training for its Environmental Inspector regarding proper field implementation of the FERC Plan and FERC Procedures, hazardous materials management, and other mitigation measures included in Appendix 1B. For purposes of quality assurance and compliance with mitigation measures, other applicable regulatory requirements, and Millennium specifications, Millennium also will be represented on the construction spread by a Chief Construction Inspector, and one or more Craft Inspectors. Millennium’s Engineering and Project Management personnel will be responsible for designing and constructing the facilities in compliance with regulatory and non-regulatory requirements and agreements. The Construction Site Manager will address any issues of noncompliance with mitigation measures or other regulatory requirements. If technical or management assistance is required, the Chief Inspector will request assistance from the appropriate Millennium personnel. Millennium’s Operator, Columbia Pipeline Group, will be responsible for long-term Project maintenance and regulatory compliance. 1.6 CONSTRUCTION PROCEDURES 1.6.1 Pipeline Facilities

Construction of the Project will follow industry-accepted practices and procedures, as further described below. Generally, construction of the Project pipeline will follow a set of sequential operations as shown in Figure 1.6-1, Typical Pipeline Construction Sequence. In this typical pipeline construction scenario, the construction spread proceeds along the pipeline right-of-way in one continuous operation. The entire process will be coordinated in such a manner as to minimize the total time a tract of land is disturbed and therefore exposed to erosion and temporarily precluded from normal use.


FIGURE 1.6-1 Typical Pipeline Construction Sequence


To minimize the impacts of construction disturbance, Millennium will implement the Project ECS. The following sections provide descriptions of activities along a typical construction spread, as well as other specialized construction methods that will be used to install the pipeline at waterbody and road crossings, and in wetland, residential, and agricultural areas.

Typical Upland Pipeline Construction Procedures

The Project will be constructed in compliance with applicable federal regulations and guidelines, and the specific requirements of the necessary permits (see Section 1.10, Permits and Approvals). Key federal requirements and guidelines include:

18 CFR Part 380 – FERC’s Regulations Implementing the National Environmental Policy Act (including § 380.15 - Siting and Maintenance Requirements);

49 CFR Part 192 – Transportation of Natural Gas and Other Gas by Pipeline: Minimum Federal Safety Standards; and

The FERC Plan and FERC Procedures. The following sections provide descriptions of activities along a typical construction spread, as well as other specialized construction methods that will be used to install the pipeline at waterbody, road, and in wetland, residential, and agricultural areas. Surveying

The initial step in preparing the right-of-way for construction is the civil survey. Affected landowners have been contacted and requested to permit Millennium agents to enter property prior to surveying and staking of the centerline and workspaces for construction. The civil survey crew will stake the outside limits of the construction right-of-way, the centerline location of the pipeline, drainage centerlines and elevations, highway crossings, and any ATWS, such as in lay down areas or at stream crossings. The “811” underground utility location system will be contacted to allow state and local utility operators to verify and mark all underground utilities (e.g., cables, conduits, and pipelines) located within the construction work areas. To further minimize the potential for damage to buried facilities, field instrumentation, or test pits excavated using “soft digging” techniques (such as excavation by hand), will be used to locate utilities. Clearing and Grading

Following surveying, the right-of-way will be cleared. Large obstacles such as trees, rocks, brush, and logs will be removed. Trees will be felled by hand or mechanical means. When construction begins, timber and other vegetation debris may be chipped for use as erosion-control mulch, burned, sold, or otherwise disposed of in accordance with applicable state and local regulations, and landowner easement agreements.


Fences will be cut and braced along the right-of-way, and temporary gates will be installed to control livestock and limit public access. The right-of-way will then be graded where necessary to create a reasonably level working surface to allow safe passage of construction equipment and materials, and for operation of pipe fabrication and installation equipment. During the grading operation, temporary flume pipes will be installed as necessary to maintain surface drainage. In upland areas, temporary erosion control measures such as silt fencing and interceptor dikes will be installed during topsoil and subsoil removal. Within 100 feet of wetlands and waterbodies as well as within the 100-year floodplain, temporary erosion control measures such as silt fencing and interceptor dikes will be installed prior to conducting any grading activities. Conserved topsoil will typically be stockpiled along one side of the right-of-way, allowing the other side to be used for access, material transport, and pipe assembly. Trenching

To bury the pipeline underground, it will be necessary to excavate a trench. The trench will be excavated with a rotary trenching machine, a track-mounted backhoe, or similar equipment. Generally, the trench bottom will be excavated at least 12 inches wider than the diameter of the pipe. The sides of the trench will be sloped with the top of the conventional lay trench up to 20 feet across, or more, depending upon the stability of the native soils and the depth of cover. The trench will be excavated to a sufficient depth to allow a minimum of 3 feet of soil cover between the top of the pipe and the final land surface after backfilling. Additional cover will be provided at crossings of wetlands and waterbodies, agricultural lands and roads. Excavated soil will typically be stockpiled along the trench (the “spoil” side) and away from the construction traffic and pipe assembly area (the “working” side). Where the pipeline is adjacent to an existing pipeline, the spoil will be placed on the same side of the trench as the existing pipeline. No working equipment will operate over the active pipeline unless the pipeline is adequately protected in accordance with the foreign pipeline company’s standards. When trenching near foreign buried utilities, soft digging methods (hand excavation or an excavator bucket without teeth or side cutters) will be used to fully excavate any foreign line (see Section 1.6.1.6). Millennium will execute a one call prior to construction in a foreign utility location. If a foreign line is accidentally damaged during construction, a Millennium representative will shut down activities and evacuate the area. Millennium will make all effort to have a foreign line representative onsite during excavation to facilitate quicker shut down in the event of accidental damage. Millennium will implement the Project ECS (Appendix 1B) during construction in the vicinity of overhead electric lines.

Trench Depth

o Trench depths are dependent on the size of pipe and the minimum cover requirements. It is currently anticipated that trench depths in upland areas, where 36 inches of cover is to be maintained, will be approximately 60 inches (five feet) in depth.

o Additional cover will be maintained in agricultural land, adding additional depth to all trenches excavated in agricultural areas.


o Additional pipeline depth under roads and streams will cause additional depth to all trenches excavated through streams or roads that are open cut, or leading up to a bore hole of a stream or road that will be bored.

o Trenches in rocky soils would require approximately six inches of additional depth to add a layer of soil to pad the pipeline and avoid disturbance of the pipe coating by the rocks.

o In areas of saturated soils, trench depths may be increased to maintain the required cover over the pipeline where the addition of set-on or saddle bag-type weights are required to maintain negative buoyancy.

o Maximum depths of 15 feet or greater are possible at foreign line crossings, areas with drain tile, locations where bell holes are required to accommodate tie-ins between pipe segments, etc.

Trench Widths o Trench widths are primarily dependent upon the depth of the trench and the cohesive ability

of the soils to comply with the Occupational Safety & Health Administration Standard Number 1926.650. Standard Number 1926.650 requires the walls of a trench to be more gradually sloped and/or terraced in less cohesive soils, which results in a wider trench than in more cohesive soils.

o A 6-foot-deep trench for example, would result in a minimum width of approximately 14 feet.

o Trench widths are also anticipated to be wider in wetland soils, especially within saturated wetlands, also due to looser cohesion of soil.

o Maximum widths of 45 feet are possible at bore locations, where the trench would need to be deep and wide enough to accommodate the bore equipment and account for the safety of the personnel operating the equipment.

o Storage for trench spoil and topsoil will require between 30 and 60 feet (depending on the width and depth of the trench and topsoil stripping) to prevent sloughing of the spoil back into the trench and maintain safe work areas for construction workers. In environmentally sensitive areas, spoil can be placed in nearby ATWS to reduce right-of-way width requirements.

Trench Dewatering

In most cases, trench dewatering will be limited to the removal of storm water collected in the pipe trench. In uplands, storm water will typically be removed from the trench prior to lowering the pipe into place. The storm water will be pumped from the trench to a well vegetated area down-gradient of the trench and through a sediment filter. The trench will be dewatered in a manner that will not cause erosion and will not result in heavily silt-laden water flowing into any waterbody or wetland. The storm water will be discharged to an energy dissipation/filtration dewatering device, such as a hay bale structure or filter bag. Filter bags will not be used within 100 feet of wetlands or waterbodies. The dewatering structure will be removed as soon as possible after completion of the dewatering activities. Trench plugs will be used where necessary


to separate the upland trench from adjacent wetlands or waterbodies to prevent the inadvertent draining of the wetland or diversion of water from the waterbody into the pipe trench. Stringing

Steel pipe will be procured in nominal 40-foot, 60-foot, and/or 80-foot lengths, or “joints,” protected with an epoxy coating applied at the factory or at a coating yard (the beveled ends will be left uncoated for welding) and shipped to strategically located materials storage areas, or “pipeyards.” The individual joints will be transported to the right-of-way by truck and placed along the excavated trench in a single, continuous line, easily accessible to the construction personnel on the working side of the trench, typically opposite the spoil side. This will allow the subsequent lineup and welding operations to proceed efficiently. At stream crossings, the amount of pipe required to span the stream will be stockpiled in ATWS on one or both banks of the stream. Pipe Bending

The pipe will be delivered to the job site in straight joints. While some induction bends may be used, some bending of pipe will be required to allow the pipeline to follow natural grade changes and direction changes of the right-of-way. Prior to welding, selected joints will be bent in the field by track-mounted hydraulic bending machines. Pipe Assembly and Welding

Following stringing and bending, the joints of pipe will be placed on temporary supports, adjacent to the trench. The pipe joints will be carefully aligned with clamps and welded together using multiple passes for a full penetration weld. Only qualified welders will be allowed to perform the welding. Welders and welding procedures will be qualified according to applicable American Society for Mechanical Engineers, API, and 49 CFR Part 192 Standards. Non-Destructive Examination and Weld Repair

To ensure that the assembled pipe will meet or exceed the design strength requirements, 100 percent of the pipeline girth welds will be visually inspected and tested for integrity using non-destructive examination methods such as radiography (X-ray) or ultrasound, in accordance with API standards. Welds displaying unacceptable slag inclusions, void spaces, or other defects will be repaired or cut out, re-welded, and re-inspected. Coating Field Welds, Inspection, and Repair

Following welding, the previously uncoated ends of the pipe at the joints will be cleaned and epoxy coated in accordance with Millennium’s specifications. The coating on the completed pipe section will be inspected and any damaged areas will be repaired and re-inspected.


Lowering-In

The completed section of pipe will be lifted off the temporary supports and lowered into the trench by side-boom tractors or equivalent equipment. Prior to lowering the pipe, the trench will be inspected to ensure that it is free of rocks and other debris that could damage the pipe or the coating, and that the trench and pipe configurations are compatible, and then the pipe will be lowered-in. In rocky areas, if the bottom is not smooth, a layer of soil or sand may be placed on the bottom of the trench to protect the pipe and coating from damage. Concrete coating and/or set-on or saddle bag type weights will be used as required to maintain negative buoyancy in areas of saturated soils. Padding and Backfilling

After the pipe is lowered into the trench, the trench will be backfilled. Previously excavated materials will be pushed back into the trench using bladed equipment or backhoes. Where the previously excavated material contains large rocks or other materials that could damage the pipe or coating, the subsoil will be sifted to remove any rock greater than one inch from the padding material, or clean fill and/or protective coating (rock shield) will be placed around the pipe prior to backfilling. Segregated topsoil, where applicable, will be placed after backfilling the trench with subsoil. Following backfilling in agricultural land, grassland, and open land, or in specified areas, a small crown may be left in certain areas if requested by a landowner to account for any future soil settling that might occur. Excess soil will only be distributed in upland areas evenly on the right-of-way, while maintaining existing contours. A caliper pig run will be completed after backfill to ensure there are no dents or damage to the pipe as a result of the construction and backfill process. Hydrostatic Test and Final Tie-In

Following backfilling of the trench, the pipeline will be hydrostatically tested in a manner that meets or exceeds the requirements of 49 CFR Part 192 to ensure that it is capable of safely operating at the design pressure. Millennium proposes to use approximately 400,000 gallons of commercially available water for hydrostatic testing. The pipeline will be capped and filled with water and the current plan is to test it in one segment. The water in the pipe will be pressurized and held for a minimum of eight hours in accordance with the Pipeline and Hazardous Materials Safety Administration requirements identified in 49 CFR Part 192. Any loss of pressure that cannot be attributed to other factors, such as temperature changes, will be investigated. Any leaks detected will be repaired and the segment will be retested. The test water will be discharged in the open field adjacent to MP 0.0, on the land to be purchased by Millennium, through an energy-dissipating device in compliance with the FERC Procedures and any state-specific requirements included in the applicable state discharge permits. Once the pipe has been successfully tested and dried to the specified dew point, the test cap and manifold will be removed.


Millennium will implement applicable requirements of the FERC Procedures regarding hydrostatic testing, as well as any specifications listed in individual state permits. Unless expressly permitted or approved, there will be no direct discharge into state-designated exceptional value waters or scenic rivers. Cleanup and Restoration

Post-construction restoration activities will be undertaken in accordance with the applicable measures in the FERC Plan and FERC Procedures, other permit or agency requirements, and requirements in the landowner easement agreements. After a segment of pipe has been installed and backfilled, the right-of-way, ATWS, and other disturbed areas will be finish-graded, and the construction debris will be disposed of properly. The surface of the right-of-way disturbed by construction activities will be graded to match original contours and to be compatible with surrounding drainage patterns, except at those locations where permanent changes in drainage will be required to prevent erosion, scour, and possible exposure of the pipeline. Segregated topsoil will be returned to its original horizon, unless otherwise requested by the landowner. Temporary and permanent erosion and sediment control measures, including silt fencing, diversion terraces, and vegetation, will be installed at that time. Temporary erosion and sediment controls, including silt fence and other non-biodegradable measures, will be removed once disturbed areas have been stabilized. Private and public property, such as fences, gates, driveways, and roads, which have been disturbed by the pipeline construction, will be restored to original or better condition.

Wetland Construction Procedures

Millennium has considered minimizing potential impacts to wetlands during selection of its proposed route and will avoid or minimize wetland disturbance to the extent practicable. Where wetlands cannot be avoided, crossings of jurisdictional wetlands will be done in accordance with applicable permits and approvals, and the FERC Procedures, including any deviations requested by Millennium and approved by the FERC. Operation of construction equipment in wetlands will be limited to that needed to clear the right-of-way, excavate the trench, fabricate and install the pipe, backfill the trench, and restore the right-of-way. Millennium will segregate the topsoil over the trench up to 12 inches in depth in wetlands where hydrologic conditions permit this practice. Segregated topsoil will be piled a minimum of two feet from subsoil and replaced in the trench following subsoil backfilling. In accordance with the FERC Procedures, with the exception of pumps required for dewatering, fuel and/or equipment will not be stored within 100 feet of wetlands or other waterbodies unless otherwise approved by the FERC. Restoration and monitoring of wetland crossings will be conducted in accordance with the FERC Procedures to ensure successful wetland revegetation. Unsaturated Wetland Crossings

In crossing unsaturated wetlands (wetlands without standing water or saturated soils), construction will be similar to the typical upland construction described above, with additional measures to protect wetland resources. If normal construction equipment begins to rut or would result in mixing of wetland topsoil and


subsoil, low ground pressure equipment will be used, or temporary board or timber equipment mats will be installed to allow passage of equipment with minimal disturbance of the surface and vegetation. Trees will be cut to grade, but stumps will only be removed from the trench line and from the working side where necessary for safety. Topsoil over the pipe trench will be segregated from subsoils and piled a minimum of two feet apart. A vegetation buffer zone may be left between the wetland and the upland construction areas, except for the pipe trench and travel lane and as site-specific conditions warrant. Erosion control measures such as silt fences, interceptor dikes, and straw/hay bale structures will be installed and maintained to minimize sedimentation into off-right-of-way areas. Trench plugs will be installed where necessary to prevent the unintentional draining of water from the wetland. Upon completion of construction, the right-of-way will be restored and a 10-foot-wide strip centered on the pipeline will be maintained in an herbaceous state. Saturated Wetland Crossings

For saturated wetlands, including those with standing water at the time of construction, topsoil segregation may not be practical. Equipment mats or timber mats will be used to facilitate equipment movement through and work within the wetland. Otherwise, construction will be similar to that described above for unsaturated wetlands.

Waterbody Construction Procedures

Millennium will follow the FERC Procedures to limit water quality and aquatic resource impacts during and following construction. Construction activities will be scheduled so that the pipeline trench is excavated as close to pipe laying activities as reasonably possible. In accordance with the FERC Procedures and where the pipeline will not be installed using HDD, the duration of construction across perennial waterbodies will be limited to 48 hours (24 hours to cross the waterbody and 24 hours for restoration) across minor waterbodies (10 feet wide or less) and intermediate waterbodies (between 10 and 100 feet wide). Banks will be returned to as near to pre-construction conditions as possible within 24 hours of completion of each open-cut crossing. Any deviations in timing that would result in extended crossing durations will be identified in advance by Millennium and notification made to FERC with site-specific justification. Construction methods at waterbody crossings will vary with the characteristics of the waterbody encountered, and will be performed consistent with applicable permits and authorizations. Pipe will be installed to provide a minimum of five feet of cover from the waterbody bottom to the top of the pipeline. The bottom of the pipeline trench will be excavated to a width of at least 12 inches greater than the diameter of the pipe or to a greater width to allow proper backfill beneath and along the sides of the pipeline. Trench spoil will be placed on the bank above the high water mark for use as backfill. Excavated spoil that is stockpiled in the construction right-of-way will be at least 10 feet from the stream bank or in approved ATWS, and will be surrounded by sediment control devices to prevent sediment from returning to the waterbody. Where the pipeline is prefabricated for installation across the waterbody, the pipeline segment will be long enough to extend for a minimum of 10 feet past the high banks on each side of the waterbody before raising in elevation to the normal trench level. All adjacent pipelines will be protected as necessary.


Normal backfill cover requirements will be met and backfill compacted so that it will be equal to or above that of the adjacent undisturbed areas. Trench plugs of sandbags or similar material may also be used to keep backfill from sloughing in toward the center of the waterbody. All waterbody banks will be restored to as close to the original grade as reasonably possible, while preventing long-term erosion. All erosion control materials or other materials used for the crossing will be removed from the waterbody, and excavated material not required for backfill will be removed and disposed of at an upland site. Millennium will use dry-ditch (i.e., dam and pump or flume) crossing methods for waterbodies where there is discernable flow within the waterbody at the time of crossing. The dry-ditch waterbody crossing method used at each specific crossing (dam and pump or flume) will be dependent upon the conditions encountered at the time of construction. No major waterbody crossings (i.e., those greater than 100 feet wide) are proposed. Millennium proposes to use HDD construction at five waterbody crossings (three with the Rutgers Creek HDD, one with the Catlin Creek HDD, and one with the I-84 HDD). The proposed crossing method for each waterbody is provided in Table 2A-1 in Resource Report 2. Dry Waterbody Crossing Method

A dry waterbody crossing will use methods similar to conventional upland open-cut trenching. The dry waterbody construction method will involve excavation of the pipeline trench across the dry stream bed, installation of a prefabricated segment of pipe, and backfilling of the trench with native material. Depending upon the width of the crossing and the reach of the excavating equipment, excavation and backfilling of the trench will generally be accomplished using backhoes or other excavation equipment operating from one or both banks of the dry streambed. If necessary for reach, the equipment may operate within the dry streambed. Equipment in the dry streambed will be limited to that needed to complete the crossing. All other construction equipment will cross the dry streambed using equipment bridges, unless otherwise allowed by the FERC Procedures for minor waterbody crossings. The “dry waterbody” crossing method shall only be used in streams that have no discernable flow during the time of construction, provided that a contingency plan is developed that prescribes measures to be taken in case of a storm event during trenching. Measures shall include, but are not limited to: monitoring weather conditions closely during work within the stream channel; moving equipment and materials outside of the stream channel if a storm event is predicted; installing a temporary waterbody crossing method prior to the predicted storm event; and temporarily stabilizing the stream channel. Dam and Pump Crossing Method

The dam and pump method involves installation of temporary dams upstream and downstream of the waterbody crossing. The temporary dams typically will be constructed using sandbags and plastic sheeting. Following dam installation, appropriately sized pumps will be used to dewater and transport the stream flow around the construction work area and trench. Intake screens will be installed at the pump inlets to prevent entrainment of aquatic life, and energy dissipating devices will be installed at the pump discharge point to minimize erosion and stream bed scour. Trench excavation and pipeline installation will then commence through the dewatered portion of the waterbody channel. Following completion of pipeline


installation, backfill of the trench, and restoration of stream banks, the temporary dams will be removed, and flow through the construction work area will be restored. This method is generally only appropriate for those waterbody crossings where pumps can adequately transfer the stream flow volume around the work area and there are no concerns about the passage of sensitive species. Where this method is used, Millennium will ensure its contractor has redundant pump(s) available on location. Flume Crossing Method

The flume crossing method is similar to a dam and pump, and will consist of temporarily directing the flow of water through one or more flume pipes placed over the area to be excavated. This method allows excavation of the pipe trench across the waterbody completely underneath the flume pipes without disruption of water flow in the stream. Stream flow will be diverted through the flumes by constructing two bulkheads, using sand bags or plastic dams, to direct the stream flow through the flume pipes. Following completion of pipeline installation, backfill of the trench, and restoration of stream banks, the bulkheads and flume pipes will be removed. This crossing method generally minimizes the duration of downstream turbidity by allowing excavation of the pipeline trench under relatively dry conditions. Man-made drainages

In areas where man-made drainages have been created to facilitate agriculture practices (e.g., field or pasture drains), these drainage features will be rerouted or temporarily blocked during trenching to prevent downstream or off right-of-way sedimentation of natural waterbodies. These man-made drainage crossings will be completed as part of mainline construction. For intermittent or ephemeral crossings, pipe will be strung and welded along the trench line. Trench plugs will remain on either side of the crossing or flumes will be installed to maintain water flow during rain events. When the welded pipe string is ready for installation, the trench plugs or flumes will be removed temporarily to allow the pipe to be placed in the trench, the trench will be backfilled, and the banks restored. HDD Crossing Method

HDD is a trenchless crossing method that may be used for crossings under roads, railroads, sensitive resources, and waterbodies. HDD has been in use since the 1980’s as a means to install pipelines under major roadways, and under rivers and at shore approaches to eliminate pipeline exposure from erosion and scour and eliminate impacts to water quality from construction activities that would otherwise occur within the waterbody. Pipelines up to 60 inches in diameter have been successfully installed using this method. The length of pipeline that can be installed by HDD depends upon underlying soil and rock conditions, pipe diameters, and available technology and equipment sizes. An HDD may not be appropriate for every site condition encountered. HDD involves drilling a pilot hole along a prescribed path and then enlarging that hole using reaming tools to achieve a hole large enough to accommodate the pipe. The reaming tools are attached to the drill string at the exit point of the pilot hole and then rotated and drawn back to the drilling rig, thus progressively enlarging the pilot hole with each pass. During this process, drilling fluid consisting of bentonite clay and


water is maintained in drilling pits within the construction work area and will be continuously pumped into the hole to remove cuttings and maintain the integrity of the hole between the HDD entry and exit points. Once the hole has been sufficiently enlarged, a prefabricated segment of pipe will be attached behind the reaming tool on the exit side of the crossing and pulled back through the drill hole to the drill rig, completing the crossing. There is the potential for an inadvertent release of drilling mud during execution of an HDD. To minimize the potential for an inadvertent release, Millennium construction personnel and the contractor will conduct visual and pedestrian inspections along the drill path and will continuously monitor drilling mud pressures and return flows. In accordance with the Project HDD Plan (Appendix 1B), Millennium’s contractor will take immediate action to control any inadvertent releases. Depending on the amount of fluid released and its location, these actions include containing the release with containment structures if a large volume is released, cleaning up the affected area, and making adjustments to the composition of the drilling fluid to minimize or prevent recurrence. Because it is necessary to prefabricate a section of pipe above ground that is equal to the length of the HDD, additional workspace beyond the HDD temporary work area may be needed. Where the HDD and the abutting portion of the right-of-way are in or near parallel alignment, the pull section will be pre-fabricated within the construction right-of-way and no extra workspace will be required for the pull section. If the abutting right-of-way is not aligned with the HDD, an extra workspace (sometimes referred to as a “false right-of-way”) will be required. An access path up to 10 feet wide within the permanent right-of-way between the HDD entry and exit points may be used for access to a water source or as a travel lane. Disturbance will be limited to surface impacts only. This access path will be used to set up pumps for obtaining water for the drilling process and/or for hydrostatic testing of the pipeline on the banks of the waterbody and to lay the water pipe from the waterbody to the drilling operation or the pipe. Disturbance of these areas will be limited to foot traffic and the occasional truck, all-terrain vehicle, or backhoe to move pumps and water piping in and out. A global positioning satellite drill head is sometimes used, which transmits the location of the drill head back through the stem to the operator to maintain the hole along the prescribed path. Other technology uses electric-grid guide wires (or Tru-Tracker wires) that are hand-laid across the land surface and along the pipeline centerline to help guide the drill bit along the predetermined HDD path. The Tru-Tracker wires must be located parallel to the centerline, but are offset, and must typically be placed outside of the permanent right-of-way in order to triangulate the location of the drill head. In thickly vegetated areas, some vegetation may be trimmed using hand tools to allow placement of these electric-grid guide wires. Ground and vegetation disturbance will be minimal and no trees over 3 inches diameter at breast height will be cut for guide wire installation. The locations where HDDs are proposed are listed in Table 1.6-1. Site-specific plans for the HDDs,

including access paths along the path of the drill, are provided in Appendix 1C. An alternate open-cut crossing plan is also provided for the Rutgers Creek HDD in the event that this HDD needs to be abandoned


due to unsatisfactory subsoil and geo-technical conditions. Generally, if the HDD should fail at the proposed location, the HDD entry/exit points will be re-evaluated and relocated to an adjacent area, and the HDD will be attempted again. Millennium will notify all appropriate regulatory agencies and obtain approval to complete the HDD at the new location or to implement the alternate open-cut crossing plan should the HDD fail at the second location.

TABLE 1.6-1 Proposed HDD Locations and Estimated Water Usage

Crossing Namea

Begin MP

End MP Length (feet)

Cleared 10foot wide Access

Path within HDD

Maximum Estimated Volume (gallons)

Water Sourceb

hydrostatic test water

HDD Operations

Rutgers Creek

1.29 1.81 2,762

Hand-trim / Knockdown

within wetlands

30,000 gal. 100,000 gal. Commercially-

Available Water

Ridgebury Hill Road & Catlin Creek

5.63 6.11 2,527


within wetlands


Available Water

I-84 7.27 7.76 2,597


within wetlands


Available Water

Notes: a: The proposed HDD locations would go under other roads and waterbodies, as well as those features identified

by the crossing name. See Table 1.6-2 below and Tables 2A-1 and 2A-2 in Resource Report 2. b: Millennium proposes to use commercial water for HDD construction, hydrostatic testing, and, if needed, dust

abatement.

Geotechnical investigations for all HDDs were completed in August 2015 and the results of geotechnical investigations and hydraulic fracture analyses are included in Resource Report 6, Appendix 6C.

Road and Railroad Crossings

Traffic on major roads and railroads will be maintained during installation of the pipe by use of conventional bore or HDD. The HDD crossing method is discussed in Section 1.6.1.3. The pipeline will be installed at a depth of at least five feet below a road surface and at least 10 feet below the rail of a railroad, and will be designed to withstand anticipated external loadings. At points of access to the right-of-way from hard-surfaced roads, a stone pad will be installed as a construction entrance to control dirt tracking onto the highway. Private roads will be crossed using an open cut and then restored to pre-construction conditions or better. If an open-cut across a road requires extensive construction time, steel plates will be used across the trench and/or provisions will be made for temporary detours or other measures to maintain access and safe traffic


flow during construction. Table 1.6-2 lists the methods by which all roads will be crossed by the Project. One abandoned railroad will be crossed by the Project in the Town of Minisink at MP 0.7 by conventional bore.

TABLE 1.6-2 Roads Crossed by the Valley Lateral Project

Town Milepost Road Name Road

Surface Public or Private

Proposed Construction

Method

Minisink 0.4 Fordlea Road Pavement Public Bore

Minisink 2.1 County Road 22 Pavement Public Bore

Minisink 2.4 State Highway 284 Pavement Public Bore

Wawayanda 3.0 County Road 93 – Lime Kiln Road Pavement Public Bore

Wawayanda 5.7 Ridgebury Hill Road Pavement Public HDD

Wawayanda 5.6 – 5.9 Dump Road Gravel Private HDD

Wawayanda 6.6 Seward Road Pavement Public Bore

Wawayanda 7.3 Deblock Road Pavement Public HDD

Wawayanda 7.3 County Road 56 Pavement Public HDD

Wawayanda 7.7 1-84 Pavement Public HDD

Conventional Bore Crossing Method

To complete a conventional bore, two pits will be excavated, one on each side of the feature to be bored. A boring machine will be lowered into one pit, and a horizontal hole is bored to a diameter approximately two inches larger than the diameter of the pipe (or casing, if required) at the depth of the pipeline installation. The pipeline section and/or casing will be pushed through the bore to the opposite pit. If additional pipeline sections are required to span the length of the bore, they will be welded to the previous in-ground section of the pipeline in the bore pit before being pushed through the bore. Because the conventional bore method involves pits on each side of the feature, this method is primarily used for crossings of roads or railroads. However, adjacent waterbodies or wetlands will typically be included within the length of the bore. Some elevated or channelized waterbodies, such as irrigation ditches, may also be successfully bored, depending upon the groundwater level in the area.

Foreign Utility Crossings

The Project will not require crossings under foreign pipelines and gathering lines. Overhead Utility lines crossed by the Project are identified in Table 1.6-3, below.


TABLE 1.6-3 Foreign Utilities Crossed by the Valley Lateral

Milepost Utility Type Operator

0.4 overhead electric Orange and Rockland Utilities, Inc.










Residential Areas

No residences are located within 50 feet of the construction work areas. Three temporary access roads (TAR-005, TAR-006, and TAR-007) enter off Ridgebury Road adjacent to existing residences on Ridgebury Road. Where residences are located in close proximity to the edge of the construction right-of-way, Millennium will reduce construction workspace areas as reasonably practicable to reduce inconvenience to property owners. In residential yards, topsoil will either be conserved or imported as an alternative to topsoil segregation and conservation. If construction requires the removal of private property features, such as gates or fences, the landowner or tenant will be notified prior to the action. Following completion of major construction, the property will be restored. Property restoration will be in accordance with any agreements between Millennium and the landowner.

Commercial and Industrial Areas

Where commercial or industrial areas are near the construction work area, Millennium will work with its contractor to maintain traffic flow on public roads and avoid unnecessary or lengthy delays.

Agricultural Areas

Millennium will conserve topsoil in actively cultivated and rotated cropland, and improved pastureland, and in other areas at the specific request of the landowner. In compliance with the FERC Plan, at least 12 inches of topsoil will be segregated in agricultural areas where the topsoil is greater than 12 inches deep. Where topsoil is less than 12 inches deep, the actual depth of the topsoil will be determined by visual inspection, and the entire topsoil layer will be removed and segregated. Topsoil segregation will be performed in consultation with the landowner, and may include the entire construction right-of-way or the ditch plus spoil side.


Millennium will incorporate measures from the New York State Department of Agriculture and Markets (NYSDAM) pipeline construction guidance document “Pipeline Right-of-Way Construction Projects Agricultural Mitigation, through the Stages of Planning, Construction/Restoration and Follow-up Monitoring” (NYSDAM, 2011) as applicable into the Project ECS for construction in agricultural land. The measures Millennium plans to incorporate from the NYSDAM pipeline construction guidance document are summarized in Table 1.6-4, below. The NYSDAM pipeline construction guidance document is included as Attachment F to the Project ECS (Appendix 1B).

TABLE 1.6-4 NYSDAM Plan Sections incorporated into the Project ECS

NYSDAM Plan ECS Section 1.0 N/A 2.1 N/A 2.2 Section 2.2.3, A through E incorporated in Appendix

1C (alignment sheets). 2.3 III.K. 2.4 N/A (no active livestock areas identified) 2.5 III.K.3 2.6 III.D.4 2.7 III.E.1 2.8 III.K.2, FERC Plan Section IV.C 2.9 III.K.2, Typical Figure 18 2.10 III.K.3 3.1 III.G.2, FERC Plan V.B.1, Typical Figure 16 3.2 III.K.1, FERC Plan IV.B and V.A 3.3 FERC Plan IV.B and V.C 3.4 III.K.5 3.5 III.K.5 3.6 III.G.1, FERC Plan V.A 3.7 III.K.4, FERC Plan V.C 4.0 FERC Plan Section VII. 4.1 FERC Plan Section VII. 4.2 FERC Plan Section VII. 4.3 III.K

Other Construction Procedures

Certain conditions that may be encountered will require the use of special construction techniques, as further described below.


Blasting

If bedrock is encountered and requires removal, several conventional (non-explosive) techniques are available, including conventional excavation with a backhoe, ripping with a dozer followed by backhoe excavation, or hammering with a pointed backhoe attachment followed by backhoe excavation. Millennium does not anticipate the use of blasting for the Project; however a Project Blasting Plan is included in Appendix 1B in the event that blasting is needed. Rugged Terrain

In areas with steep side slopes, ATWS may be needed to grade slopes to accommodate pipe bending limitations. In these areas, slopes will be cut down and, after the pipeline is installed, returned to their approximate original contours during right-of-way restoration. In areas where the pipeline crosses laterally across the face of a slope, cut-and-fill grading may be required to establish a safe, flat work surface to install the pipeline. A table identifying steep side slopes (greater than 30 percent) crossed by the Project is included in Resource Report 6, Table 6A-5. 1.6.2 Exceptions to the FERC Plan and Procedures

Due to site-specific conditions along the proposed route, Millennium is requesting approval for alternative measures listed in Table 1A-4 from those included in the FERC Plan and Procedures. 1.6.3 Aboveground Facilities

Typical construction activities associated with the installation of the aboveground facilities are summarized below. No special construction methods will be required for the installation of the aboveground facilities.

General Construction Procedures

Construction activities and storage of construction materials and equipment will be confined within the meter station site boundaries or at the approved pipeyards. Debris and wastes generated from construction will be disposed of as appropriate and all surface areas disturbed will be restored in a timely manner. The aboveground facilities will be constructed in accordance with Millennium construction standards and specifications as more generally described in the paragraphs that follow. Foundations

Excavation will be performed as necessary to accommodate the new reinforced concrete foundations for the new launching and receiving facilities, metering equipment, and buildings. Subsurface friction piles may be required to support the foundations, depending upon the bearing capacity of the underlying soils and anticipated equipment loads. Forms will be set, rebar installed, and the concrete poured and cured in accordance with applicable industry standards. Backfill will be compacted in place, and excess soil will be used elsewhere or distributed around the site to improve grade.


Equipment

The piping, and other equipment will be shipped to the site by truck. The equipment will be offloaded using cranes, front-end loaders, or both. The equipment will then be positioned on the foundations, leveled, grouted where necessary, and secured with anchor bolts. All non-screwed piping associated with the aboveground facilities will be welded, except where connected to flanged components. All welders and welding procedures will be qualified in accordance with API standards. All welds in large-diameter gas piping systems will be examined using radiography, ultrasound, or other approved non-destructive examination methods to ensure compliance with code requirements. All aboveground piping surfaces will be cleaned and painted in accordance with Millennium construction specifications. All paint inspection and cleanup will be conducted in accordance with federal and/or regulatory requirements and best engineering practices. Launcher and Receiver Facilities

Launcher and receiver facilities will consist of a section of aboveground piping that will be designed to accommodate the in-line cleaning and inspection tools that will be placed into the pipe for periodic maintenance and internal inspections of the pipeline during operations. 1.6.4 Restoration

Following construction of the Project, the areas disturbed by construction will be restored to their approximate original condition and use, to the extent practicable. All aboveground facilities will be fenced and converted to industrial use.

Pipeline Right-of-Way

Upon completion of pipeline installation, the surface of the right-of-way disturbed by construction activities will be graded to match approximate original contours and to be compatible with surrounding drainage patterns, except at those locations where permanent changes in drainage will be required to prevent erosion, scour, and possible exposure of the pipeline. HDD entry and exit pits will be backfilled and the disturbed ground surface similarly graded. Segregated topsoil will be replaced, and soils that have been compacted by construction equipment traffic will be disked. Temporary and permanent erosion control measures will be installed at this time in accordance with the FERC Plan and FERC Procedures. Uplands

In most upland locations, excluding actively cultivated cropland, an herbaceous vegetative cover will be re-established by seeding disturbed areas using seed mixes appropriate to the Project area as recommended by the local soil conservation district, landowner, or land management agency. Depending upon the time of year, a seasonal variety, such as ryegrass, may be used until a more permanent cover can be established. Steep slopes and stream banks may require erosion control fabric or revetments to prevent erosion until a


vegetative cover is established. In accordance with the FERC Plan, revegetation success will be monitored, and reseeding, fertilizing, and other measures will be employed until a cover equivalent to approximately 80 percent of similar, adjacent areas is achieved. Temporary and interim erosion control measures will be removed once 80 percent cover is achieved. Actively cultivated cropland may be left unseeded at the request of the landowner. Pasture will be reseeded with a similar species or mixture. Residential and commercial lawns will be reseeded or sodded, depending upon the original grass variety. Shrubs and small trees on residential properties will be temporarily transplanted and replaced, where reasonably practicable. Forested areas will be allowed to recover within the temporary work areas. Wetlands

Original surface hydrology will be re-established in wetlands by backfilling the pipe trench and grading the surface with backhoes or similar equipment operating from the equipment mats, or low-ground-pressure tracked vehicles, depending upon the ambient water level, degree of soil saturation, and the bearing capacity of the soils. Trench breakers will be installed at the entry and exit of each wetland crossed. Segregated topsoil from the trench will be replaced in unsaturated wetlands. Roots and stumps will not be removed in the areas outside of the pipe trench during construction, unless required for safety, thus allowing the wetland to recover more rapidly. Generally, wetlands disturbed by construction will be allowed to revegetate naturally.

Aboveground Facilities

The areas inside the fence at the aboveground facilities most likely will be permanently converted to industrial use. Most areas in and around the buildings, meters, and associated piping and equipment will be covered with crushed rock (or equivalent) to minimize the amount of maintenance required. Roads and parking areas may be crushed rock, concrete, or asphalt. Other ground surfaces will be seeded with a grass that is compatible with the climate and easily maintained. Disturbed areas outside the fence will be restored as described above for the pipeline right-of-way.

Access Roads

Existing access roads that were modified and used during construction will be returned to original or better condition upon completion of Project construction, unless landowner of a private road requests it be left in the construction period condition. New temporary access roads constructed specifically for the Project will be removed, the surface graded to approximate original contours, and the land restored to its original use in accordance with the FERC Plan and any permit requirements or landowner agreements. Permanent access roads will be maintained as required to facilitate access to the pipeline facilities and in compliance with any landowner and federal/state requirements.


Pipeyards

Upon completion of construction, all temporary facilities (e.g., trailers, sheds, latrines, pipe racks, fencing, and gates) will be removed from the pipeyards. Unless otherwise requested by the landowner, pipeyard CY-1 will be graded to approximate original contours and seeded if appropriate, so that the land is restored to its pre-construction condition. Millennium will purchase the land for pipeyard CY-2. Pipeyard CY-2 will be restored to approximate original contours and seeded post-construction, converting the agricultural field to open land. 1.7 OPERATIONS AND MAINTENANCE PROCEDURES Millennium will operate and maintain the Project facilities in compliance with USDOT regulations set forth at 49 CFR Part 192, FERC's regulations at 18 CFR § 380.15, and maintenance provisions of the FERC Plan and FERC Procedures. 1.7.1 Pipeline

Operational activities for the Project facilities will primarily consist of routine maintenance of the right-of-way, and inspection, repair, and cleaning of the pipeline. Periodic aerial and ground inspections by Millennium personnel will be used to identify conditions requiring maintenance, including:

soil erosion that may expose the pipe;

dead vegetation that may indicate a leak in the pipeline;

general conditions of vegetation cover and erosion control measures;

unauthorized encroachment on the right-of-way, such as buildings and other substantial structures; and

other conditions that could present a safety hazard or require preventive maintenance or repairs.

The cathodic protection system for the Project pipeline will be monitored and inspected periodically to ensure proper and adequate corrosion protection. The pipeline will be designed to allow the use of internal inspection technology (e.g., smart pigging) in compliance with Millennium’s pipeline integrity management program. Appropriate responses to conditions observed during internal inspections will be taken as necessary. In upland areas, Millennium will maintain vegetation on the permanent right-of-way by mowing, cutting, and trimming, except in areas of actively cultivated cropland. Large brush and trees will be periodically removed near the pipeline. In accordance with the FERC Procedures, Millennium will not conduct vegetation maintenance over the full width of the permanent right-of-way in wetlands and will allow a riparian strip of at least 25 feet wide as measured from the waterbody’s ordinary high water mark to permanently revegetate. However, to


facilitate periodic pipeline corrosion/leak surveys in these areas, a corridor centered on the pipeline and up to 10 feet wide may be maintained in an herbaceous state. In addition, trees and shrubs that are located within 15 feet of the pipeline that have roots that could compromise the integrity of the pipeline coating may be cut and removed from the right-of-way. In compliance with the FERC Plan, routine vegetation maintenance within the permanent easement will occur at a frequency necessary to maintain the 10-foot corridor in an herbaceous state; however, mowing and clearing activities will not occur between April 15 and August 1 of any year. Vegetation maintenance will not normally be required in agricultural or grazing areas. In accordance with USDOT regulations, the pipeline facilities will be clearly marked at line-of-sight intervals and at crossings of roads, waterbodies, and other key points. The markers will clearly identify the presence of the pipeline and provide a toll-free telephone number and address where a company representative can be reached 24 hours a day/7 days a week in the event of an emergency or prior to any excavation in the area of the pipeline by a third party. As part of its effort to prevent any third party damage to the pipeline, Millennium participates in the 811 system in New York. 1.7.2 Aboveground Facilities

Millennium personnel will perform routine checks of the new delivery meter station, including calibration of equipment and instrumentation, inspection of critical components, and scheduled and preventative maintenance of equipment. Safety equipment, such as pressure-relief devices, will be tested for proper operation. Corrective actions will be taken for any identified problems. All interconnect sites will be equipped with relief valves or pressure-protection devices to protect piping from overpressure in the event that site or unit control systems fail. A telemetry system will notify local personnel and personnel at Millennium’s gas control headquarters of the activation of safety systems and alarms. These personnel will then instruct maintenance personnel to investigate and take proper corrective actions. 1.8 FUTURE PLANS AND ABANDONMENT Millennium has not made any commitments for future expansion or abandonment of facilities associated with the Project. However, if additional demand for natural gas requires future expansion, Millennium will seek the appropriate authorization from the FERC and other federal, state, and local agencies. The Project facilities are projected to have a 50-year minimum physical life. However, the life of the Project may be constrained or increased by other factors, such as gas supply and market needs, that are the major factors in determining the economic life of the Project. At the end of the useful life of the Project, Millennium will obtain the necessary permission to retire its facilities in accordance with regulations that exist at the time of retirement and any landowner requirements.


1.9 PUBLIC OUTREACH In April 2015, Millennium initiated public outreach efforts, and contacts were made with landowners directly or indirectly affected by the Project, federal and state agencies with permit or review approval over the Project; and state and local governments and agencies. Contact, and/or meetings occurred with all state and local elected officials representing the involved communities. The purpose of these communications was to solicit comments on the Project and areas of concern so that concerns could be addressed in the design of the Project where feasible. A public noticed Project Open House was held on June 10, 2015 in Wawayanda, New York from 4:30 until 7:00 PM EDT. The Open House provided information on the Project, its purpose and preliminary design, as well as answers to questions that are most commonly asked regarding the proposed route, safety, and protection of sensitive resources. 1.9.1 Federal and State Agencies

In April 2015, Millennium initiated consultations with federal and state agencies with permit or approval authority over the Project. These communications which included letters, e-mails, and meetings are provided in Appendix 1D. Also see Section 1.10, Permits and Approvals. 1.9.2 Landowners

In April 2015, Millennium began contacting landowners regarding the Project to inform them about the Project and request permission to conduct field surveys along a contemplated route. Millennium also invited landowners directly impacted by the contemplated route or abutting the route to attend an Open House that was conducted on June 10, 2015. Letters were sent to each affected landowner on June 2, 2015 to notify them of the Open House, and to provide them with Project related material. A list of names and addresses of all affected landowners is provided in Volume III under seal. Affected landowners include all landowners whose land will be crossed or used for construction activities and landowners whose land abuts the currently contemplated right-of-way, ATWS, aboveground facility sites, access roads, and pipeyards. 1.9.3 Public Participation

As noted above, since April 2015, Millennium has been in contact with (a) federal, state, county, and municipal government officials; (b) state legislators in the communities located along the proposed Project facilities; (c) state executive offices, state administration officials, state legislative leadership; and (d) New York U.S. Congressional delegations or their staffs regarding the Project. During meetings and telephone conversations and in correspondence, Millennium provided these government officials with information regarding the proposed facilities, the status of the requests to landowners for survey permission, the timing and permitting process for the Project, and the Commission’s Pre-filing Review process. In addition, periodic updates will be provided to governmental officials and other stakeholders throughout 2015 and will continue until construction of the Project is complete. Land agents will continue to be available to address issues through construction and until the Project is in-service.


In accordance with Section 157.6(d) of the Commission’s regulations (18 CFR § 157.6(d) (2015)), Millennium will provide notification of the Project to affected and abutting landowners within three business days following the date that the Commission issues a notice of the application for the Project. Millennium also will have a public notice of the filing of the Certificate application published twice in the Times-Herald Record, the daily newspaper of general circulation for Orange County, New York, no later than 14 days after the Commission assigns a docket number to the Certificate application. Millennium has developed a Public Participation Plan for the Project, which was filed with the Commission on April 30, 2015, with Millennium’s request to use the Commission’s Pre-Filing Review Process for the Project. The Public Participation Plan is included in Appendix 1E. As stated above, an Open House was held in the Project area in June 2015 to provide information to the community and to receive comments from stakeholders. In addition to a notice that was published twice in the local area newspaper, Millennium mailed Open House invitations to affected landowners in the Project area in June 2015. The Open House was held on June 10, 2015 in the Town of Wawayanda. In addition to the community outreach meetings and the Open House, Millennium’s community outreach program includes the following elements:

Open House invitations were mailed to affected parties;

Newspaper advertisements of the Open House were placed twice in a newspaper of general circulation in the affected area;

Newspaper advertisements prior to commencement of construction, will be placed in the same publication;

Notification to businesses potentially affected by construction;

Designation of a point of contact for stakeholder communication was established;

A Project toll free telephone, (877) 213-1944 number for public inquiries; and

A Project website, http://www.millenniumpipeline.com/valley_lateral_project.html, with periodic updates of relevant information.

Millennium’s land representatives follow the guidelines listed in the Interstate Natural Gas Association of America’s publication entitled America’s Natural Gas Transporters’ Commitment to Landowners. Millennium will implement an Environmental Complaint Resolution Procedure for construction-related landowner complaints which is further described in the section below. 1.9.4 Environmental Complaint Resolution Procedure

Before construction, each landowner or stakeholder will be provided with a letter containing Millennium’s Environmental Complaint Resolution Procedure (see Appendix 1B). This procedure provides contact information for Millennium (and the FERC), so that landowners and stakeholders may report environmental


complaints or concerns, and a process for resolving these concerns. All landowners potentially affected by the Project have been contacted by a Millennium designated local right-of-way agent. In the case of a minor reroute to the pipeline that would incorporate new landowners, a Millennium designated local right-of-way agent will contact the landowners as soon as possible. Contact phone numbers will remain active throughout the pre-construction, construction, and restoration phases of the Project. 1.10 PERMITS AND APPROVALS The construction, operation, and maintenance of the Project will require permits and regulatory approvals from various federal, state, and local agencies, as well as consultations with Native American tribes and other interested parties. Consultations were initiated with other federal and state agencies in April 2015, and these consultations will continue throughout the Project review and permitting period. The applicable federal, state, and local permits and approvals, responsible agencies, and the filing status and schedule for these permits and approvals are summarized in Table 1A-5. Copies of agency correspondence are included in Appendix 1D. 1.11 NON-JURISDICTIONAL FACILITIES Non-jurisdictional facilities are those facilities that are related to the Project that would be constructed upstream or downstream of the jurisdictional facilities for the purpose of delivering, receiving, or using the proposed gas volumes. Integrally-related non-jurisdictional facilities could include major power facilities, such as cogeneration plants, as well as less significant facilities, such as lateral pipeline connections built by local distribution companies. Non-jurisdictional facilities associated with the Project are limited to the construction of the CPV Valley Energy Center at the terminus of the Project pipeline (MP 7.8). The CPV Valley Energy Center is currently under construction and will be owned by CPV. All permitting for the construction and operation of the CPV Valley Energy Center will also be the responsibility of CPV. The CPV Valley Energy Center was reviewed under the New York State Environmental Quality Review Act (SEQRA) from March 2008 through May 2012. The SEQRA process emphasizes the importance of protecting the environment and maintaining natural resources. New York state law requires completion of the SEQRA process before any other state permits can be issued. There are several steps in the SEQRA process, which consisted of the following for the CPV Valley Energy Center.

Submittal of a Full Environmental Assessment form in March 2008 to the Wawayanda Planning Board, initiating the SEQRA process.

Assignment of the Wawayanda Planning Board as lead agency on June 11, 2008.

Issuance of a positive declaration by the lead agency on June 25, 2008, requiring the preparation of a Draft Environmental Impact Statement (DEIS).

Approval of the EIS Scope on October 8, 2008 and submittal of the DEIS on November 18, 2008.

Acceptance of the DEIS as complete on February 23, 2009, after review by the lead agency and its consultants, and revisions to address their comments.


Distribution of the DEIS to stakeholders and agencies, distribution of copies at public locations, and posting of the DEIS on the Town of Wawayanda’s website.

A public comment period from February 23 to April 22, 2009, and an extension of this comment period through May 14, 2009.

A public hearing on April 8, 2009.

Implementation of additional studies followed by another public comment period from March 8, 2010 to March 22, 2010.

Preparation of a Final Environmental Impact Statement by CPV, which was reviewed by the lead agency and its consultants and ultimately accepted on February 8, 2012.

Issuance of a Findings Statement on May 23, 2012 by the lead agency. The Findings Statement serves as a summary of the results of the environmental analysis performed in the above procedures. The findings statement is the final step in the SEQRA process and must clearly establish a supportable record for the decision on the project. The Findings Statement issued by the Wawayanda Planning Board on May 23, 2012 (Town of Wawayanda, 2012) completed the SEQRA process for the CPV Valley Energy Center and certified that:

1. The requirements of 6 NYCRR Part 617 have been met; and

2. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the extent practicable, and that adverse environmental impacts will be avoided or minimized to the extent practicable.

CPV subsequently received all other federal, state, and local permits/approvals required for construction and operation of the project including approval from the New York State Public Service Commission, a copy of which is included in Appendix 1F. Construction of the facility commenced in August 2015 and the planned commercial operation date is November 1, 2017. The location of the facility is depicted on the USGS Quadrangle Excerpt maps provided in Appendix 1C. Land requirements for the CPV Valley Energy Center include an approximate 21.25-acre portion of a total 122-acre parcel of open land. Final approval from the New York State Office of Parks, Recreation, and Historic Preservation was received in April 2015. The Office of Parks, Recreation, and Historic Preservation concluded that the project will have no adverse effect on historic properties listed or eligible for listing on the National Register of Historic Places. United States Fish and Wildlife Service review of the project was conducted through the U.S. Army Corps of Engineers (USACE) Nationwide Permit process. The USACE Nationwide Permit approval was issued in June 2012 with a special condition for protection of the Federally-listed endangered Indiana bat (Myotis sodalis), restricting tree clearing to the time period between November 15 and March 31. The FERC has adopted a four factor procedure to determine whether or not the Commission has sufficient federal control and responsibility over related non-jurisdictional facilities to require an environmental analysis of the facilities in connection with the analysis of a proposed project. These four factors are:


1. whether the regulated activity comprises “merely a link” in a corridor-type project (e.g., a transportation or utility transmission project);

2. whether there are aspects of the non-jurisdictional facility in the immediate vicinity of the regulated activity which uniquely determine the location and configuration of the regulated activity;

3. the extent to which the entire project will be within the FERC’s jurisdiction; and 4. the extent of cumulative federal control and responsibility.

The Project will create firm lateral capacity capable of delivering approximately 130,000 dekatherms per day of natural gas as fuel to the CPV Valley Energy Center. The Project serves as merely a link between the CPV Valley Energy Center and the gas supply it requires to operate its natural gas-fired electric generation facility. This factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. The location of the non-jurisdictional facility only determined the endpoint of the Project, and it did not affect the location and configuration of the Project. Although Millennium will transport gas to the CPV Valley Energy Center, the non-jurisdictional facility does not influence the entire route selected for the Project. Several alternatives were considered during the development of the proposed route for the Project. Accordingly, this factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. As stated above, the non-jurisdictional facility is regulated by such agencies of the State of New York and is not regulated by the Commission. The Commission has no jurisdiction over the permitting, licensing, funding, construction, or operation of this non-jurisdictional facility. This factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. Federal control and responsibility is determined by the amount of federal financing, assistance, direction, regulation, or approval inherent in a project. The CPV Valley Energy Center will be owned and operated by CPV and will not be federally controlled or regulated. This factor weighs against extending the scope of FERC’s NEPA review to the non-jurisdictional facilities. If additional non-jurisdictional facilities are identified in the future, environmental analysis as warranted will be addressed in future submittals as they are identified. 1.12 CUMULATIVE IMPACTS Cumulative impacts may result when the environmental effects associated with a proposed Project are added to temporary (construction-related) or permanent (operations-related) impacts associated with other past, present, or reasonably foreseeable future projects. Although the individual impact of each separate project might not be significant, the additive or synergistic effects of multiple projects could be significant. The purpose of a cumulative impact analysis is to identify and describe potential cumulative impacts that could result from the construction and operation of the Project in conjunction with these other projects.


Millennium determined recently completed, present, and reasonably foreseeable future projects from a review of topographic maps, field reconnaissance, and internet search. Millennium also initiated agency correspondence with County and local planning agencies, including the Orange County Planning Department, Orange County Partnership, and the Town of Minisink and Town of Wawayanda Planning Boards, to identify developments in the vicinity of the Project. Projects included in Table 1A-6 were primarily identified through correspondence with the Orange County Partnership and information available online from Orange County, the Orange County Industrial Development Agency, New York State Department of Environmental Conservation (NYSDEC), NYSDOT, and local news websites. Millennium searched for residential, commercial, industrial, and energy projects for analysis of cumulative impacts. The HUC 12 was used as the analysis area for all water resources, fisheries, vegetation, wildlife, soils, geological resources, and land use. The analysis for socioeconomics included the Orange County boundaries, the analysis for noise included a 0.25-mile radius from the pipeline and aboveground facilities, and the analysis for air included the Project Air Quality Control Region (AQCR) (i.e., the Hudson Valley Intrastate AQCR). All of the projects identified except for one are located north and east of the Project in the Masonic Creek-Wallkill River watershed (020200070401), associated with the population centers of Middletown and Goshen. One recently completed project, the Minisink Compressor Station, was identified outside of the Project HUC 12s, but in the vicinity of MP 0.0. The Minisink Compressor Station is included in the analysis areas for socioeconomic impacts (Orange County) and air impacts (Hudson Valley Intrastate AQCR), and falls outside of the analysis area (0.25 mile) for noise impacts. Information on the status and planned construction schedule for many of the projects identified was not readily available online. Similarly, data on the anticipated site-specific environmental impacts of most of these projects is not publicly available. Table 1A-6 lists reasonably foreseeable future projects that may cumulatively or additively impact resources that could be affected by the construction and operation of the Project along with an approximate distance from the nearest Project facility. Figure 1.12-1 in Appendix 1C depicts the approximate locations of these projects in relation to the above-mentioned analysis areas. These projects were evaluated for potential cumulative or additive impacts on resources that would be affected by the construction and operation of the Project. Table 1A-6 identifies 19 projects including three energy projects (the CPV Valley Energy Center, the Minisink Compressor Station, and a solar electric generator plant), three road projects (one highway improvement, one sidewalk replacement, and one capacity improvement), one recreational project (a recreational trail), nine residential/commercial projects (including one age-restricted housing development, two hotels, two health facilities, three breweries, and one business park), and three industrial projects (a food manufacturing facility, and two technology manufacturing facilities). A summary of land requirements and the environmental review process for the CPV Valley Energy Center is included in Section 1.11, above.


1.12.1 Potential Cumulative Impact on Resources within the Project Area

Millennium will coordinate, if necessary, with the developers and sponsors of the projects referred to in Table 1A-6 to avoid or minimize construction-related air, noise and traffic impacts from cumulative activities. The following is a discussion of additional resources and the measures that are in place to minimize cumulative impacts.

Geology, Soils, and Sediments

The facilities associated with the Project are expected to have a temporary but direct impact on near-surface geology, soils, and sediments. Because the direct effects will be localized and limited primarily to the period of construction, cumulative impacts on geology, soils, and sediments will only occur if other projects are constructed at the same time and place as the proposed Project facilities. With the exception of the CPV Valley Energy Center, clearing and grading associated with construction of the other projects listed in Table 1A-6 are too far removed in time and distance from the Project to result in significant cumulative impacts on geologic resources or soils. Construction of the CPV Valley Energy Center will implement mitigation measures such as erosion and sediment control, a stormwater pollution prevention plan, NYSDAM guidelines for conservation of agricultural resources, use of a third party environmental inspector, and a Spill Prevention and Contingency Plan. In its Findings Statement, the Town of Wawayanda found that based on avoidance and implementation of minimization and mitigation measures, no significant adverse impacts on soils and geology are anticipated from construction and operation of the CPV Valley Energy Center (Town of Wawayanda, 2012). As stated in Resource Report 7, Millennium will implement the FERC Plan to establish a baseline for minimizing the potential for erosion as a result of water or wind action and to aid in reestablishing vegetation after construction. In addition, disturbance associated with construction activities will be minimized and mitigated through the application of best management practices that will be incorporated into the Project ECS. As a result, the cumulative effects on geological resources, soils, and sediments are expected to be temporary and minor.

Water Resources and Wetlands

Construction of the Project will result in temporary impacts on 2.79 acres of wetlands. A total of 13 surface waterbodies will also be affected by construction of the Project, consisting of 17 crossings. The 17 crossings include eight perennial streams, eight intermittent streams, and one ephemeral stream. Of these 17 crossings, eleven are minor waterbodies (less than 10 feet wide), six are intermediate waterbodies (10-100 feet wide), and none are major waterbodies (greater than 100 feet wide). Five waterbodies will be crossed using the HDD method, which will avoid all direct in-stream effects; however, there is a potential for in-stream impacts should an inadvertent release of drilling mud occur during the crossing. Millennium has prepared an HDD Plan for monitoring the HDD program for the Project. This plan describes measures that will be implemented in the event of an inadvertent release of drilling fluid (see Appendix 1B).


Sediment loading could also occur due to runoff from construction activities near wetlands and waterbodies. These resources could also be affected by a spill of hazardous liquids or the excavation and dispersal of contaminated sediments during trenching. Each proponent for the projects listed in Table 1A-6 that affect wetlands will be required by the terms and conditions of their respective Section 404 permits to provide compensatory mitigation for unavoidable wetland impacts. However, each of the project proponents will minimize these effects by implementing wetland and waterbody construction and mitigation measures, including erosion control measures by complying with applicable federal and state permit requirements. Most of the projects identified in Table 1A-6 are located within the same HUC 12 watershed crossed by the Project, and some of these projects could potentially result in impacts on wetlands and surface waters. Therefore, there is the potential that cumulative impacts could result if the Project were constructed in addition to other projects; however, the Project will contribute little to the long-term cumulative impacts on wetlands and waterbodies. Impacts on surface waters resulting from Project construction will end shortly after the pipeline is installed and most of the impact on wetlands will also be of short duration. In the Findings Statement for the CPV Valley Energy Center, the Town of Wawayanda found that no significant impacts to surface waters and wetlands are anticipated from construction of the project. Mitigation and avoidance measures were incorporated into the construction plans for the CPV Valley Energy Center; therefore, no additional mitigation was found to be necessary. Mitigation measures included, but are not limited to, aboveground fuel storage and leak protection, stormwater management in accordance with the 2003 NYSDEC Manual, revised in 2008 and 2010, de-icing restrictions, and the prohibition of pesticides and herbicides for site maintenance (Town of Wawayanda, 2012). Additionally, a wetland mitigation plan was prepared in accordance with the NYSDEC and USACE Joint Application review process in which both permanent wetland “fill” impacts and wetland “forest conversion” impacts associated with the project will be compensated on site. On site replacement and a permanent forested buffer along Carpenter Creek are included in the mitigation plan (Town of Wawayanda, 2012). As identified in Resource Report 2, construction of the proposed Project will result in temporary impacts to 1.89 acres of emergent and scrub-shrub wetlands, and 0.90 acre of forested wetlands. Approximately 0.39 acre of previously forested wetland will be permanently converted to non-forested cover types and maintained by means of mechanical cutting and mowing as part of pipeline operation. The remaining 0.51 acre of forested wetland will be allowed to revert to a forested state following construction and restoration of the right-of-way. Accordingly, all but this 0.39 acre of forested wetland within new permanent pipeline right-of-way will be permitted to return to a pre-construction state. Therefore, the cumulative effect on waterbody and wetlands will be temporary and minor.

Vegetation and Wildlife

When projects are constructed at or near the same time, the combination of construction activities could have a cumulative impact on vegetation and wildlife in the immediate area. Clearing and grading and other construction activities associated with the projects will result in the removal of vegetation, alteration of wildlife habitat, displacement of wildlife, and other secondary effects such as forest fragmentation and establishment of invasive plant species. As stated in Resource Report 3, it is not anticipated that wildlife


populations that utilize the Project area will be permanently adversely affected by the Project. While temporary impacts on cover, food, and water sources may occur, none of the species located within the Project area are specialized in such a way that construction of the Project will inhibit the overall fitness or reproductive output of the populations as a whole. Additionally, Millennium will implement the best management practices in its ECS to minimize impacts on vegetation and restore temporary workspace areas. As part of each project proponent’s permit conditions, mitigation measures should be implemented to minimize the potential for erosion, revegetate disturbed areas, increase the stabilization of site conditions, and thereby minimize the degree and duration of the cumulative impact on vegetation and wildlife from these projects. Both the CPV Valley Energy Center and the Project will implement tree clearing timing restrictions for the protection of federally listed endangered bat species and have utilized agricultural land and open land where practicable to minimize forest clearing (Town of Wawayanda, 2012).

Cultural Resources

Past disturbances on cultural resources in the Project area are typically related to agricultural and residential development, accidental disturbances, intentional destruction or vandalism, lack of awareness of historic value, and construction, maintenance, and operations associated with existing infrastructure. Federally regulated projects will include mitigation measures designed to avoid or minimize additional direct impacts on cultural resources. Non-federal actions will need to comply with any identification procedures and mitigation measures required by the State of New York. As included in Resource Report 4, Millennium is consulting with the New York State Office of Parks, Recreation, and Historic Preservation on the Project and has developed Project-specific plans to address unanticipated discoveries of cultural resources and human remains in the event they are discovered during construction. In April 2015, the Office of Parks, Recreation, and Historic Preservation concluded that the CPV Valley Energy Center will have no adverse effect on historic properties listed or eligible for listing on the National Register of Historic Places; therefore, no cumulative impacts on cultural resources are anticipated to occur from this project (Perazio, 2015).

Socioeconomics

The Project and the projects listed in Table 1A-6 will generate temporary construction jobs. The local supply of construction workers needed for these projects may be derived from workers employed in the area, which will provide a direct economic benefit to those individuals and the communities in which they reside. The non-local laborers could represent an increase in the percent of the total population in the Project area; however, the potentially vacant rental units available in the Project area will offer enough housing for non-local workers. In addition, Orange County has the necessary infrastructure to provide public services and utilities to support the projects. There will be positive cumulative economic benefits from these projects. Revenues generated from operation of the projects will result in an annual revenue increase. Permanent employment will also increase as a result of the operation of many of these projects, with a cumulative benefit of potentially lowering local unemployment rates. The Project will provide an increase in revenues to the towns of


Minisink and Wawayanda. These revenues will have a positive impact for the municipalities in which Project facilities will be located. In the Findings Statement for the CPV Valley Energy Center, the Town of Wawayanda found that the CPV Valley Energy Center will have both direct and indirect economic benefits on the state, town, county, and school district. These effects will commence during construction and continue throughout the life of the operating project. The CPV Valley Energy Center project will result in an estimated capital investment of approximately $900 million for the development and construction of the CPV Valley Energy Center. It is expected that the project would require approximately 660 employees during the peak construction months, and approximately 300 construction employees on average. In the long term, the CPV Valley Energy Center will represent a source of additional revenue through a Payment in Lieu of Taxes agreement, purchase of goods and services, and a Host Community Agreement with the Town of Wawayanda. The project will also provide about 25 full time permanent jobs once the CPV Valley Energy Center is completed. All of these results should have a beneficial effect on local community and businesses. The Findings Statement concluded that the total annual direct, indirect, and induced income impacts (including all non-wage salary and benefits) in the region are estimated to be $5.24 million with another $940,000 of labor income increases occurring in other New York counties, for a total impact on labor income of $6.18 million (Town of Wawayanda, 2012). Additionally, the Minisink Compressor Station was identified as a recently completed project in the analysis area for socioeconomics. In its Environmental Assessment for the Minisink Compressor Station (Docket No. CP11-515-000, April 2012), FERC concluded that “overall, the project may result in short-term, beneficial impacts in terms of employment and local material purchases.

Land Use

The Project and several other projects listed in Table 1A-6 will result in both temporary and permanent changes to current land uses. As identified in Resource Report 8, approximately 23 percent of the 7.8 miles of Project pipeline facilities will be adjacent to existing right-of-ways, consisting of public roadways and/or other utility right-of-ways. New permanent effects on land use will be small because 86 percent of the land to be affected by construction of the Project facilities will be allowed to revert to prior uses following construction. Restrictions would only be required on the 54.76 acres of land affected by the construction of the Project facilities that will be required for operation, described below. Following construction, the majority of affected areas will be restored and relinquished back to the landowner without restrictions. Some new restrictions will be imposed on the new (no greater than 50-foot-wide) permanent right-of-way, but primarily these will be limited to activities such as deep excavations or the construction of new, permanent structures that could threaten the integrity of the pipeline or preclude Millennium’s ability to maintain the pipeline. Because a relatively small area of land to be used by the Project will be converted to another land use type and because construction will be short term, the cumulative effect on land use will be temporary and minor.


The majority of the CPV Valley Energy Center site was used for agricultural purposes prior to CPV’s purchase of the site. As a result of CPV’s purchase of the CPV Valley Energy Center site, this acreage was removed from active agricultural use (Town of Wawayanda, 2012). Additionally, in the Findings Statement for the project, the Town of Wawayanda found that operation of the CPV Valley Energy Center would be compatible with the existing and proposed land uses within a 1-mile radius area (Town of Wawayanda, 2012).

Traffic, Parking, and Transit

There is potential for cumulative traffic, parking and transit impacts if other projects listed in Table 1A-6 are scheduled to take place at the same time in the same area as the Project. Several factors will minimize the potential for cumulative traffic impacts, including the total distance of the Project and the tendency for construction workers to frequently share rides and travel to and from work during off-peak hours. Public roads with a pavement surface will be crossed by conventional bore or HDD. Use of a bore or HDD will allow for continued use of the roadways by the public and the passage of emergency vehicles. As stated in Resource Report 5, to limit traffic delays at open-cut road crossings, Millennium will establish detours before cutting these roads. If no reasonable detours are feasible, at least one traffic lane of the road will be left open, except for brief periods when road closure will be required to lay the pipeline. Appropriate traffic management and signage will be set up and necessary safety measures will be developed in compliance with applicable permits for work in the public roadway. Traffic safety personnel will be on hand during periods of construction. Provisions will be made for detours or otherwise to permit traffic flow in accordance with New York State Department of Transportation requirements. On-street parking may also be temporarily impacted during construction. Given the Project’s short duration of construction activities, cumulative impacts on traffic, parking, and transit will be temporary and minimal. Similarly, in the Findings Statement, the Town of Wawayanda found that impacts to traffic would be minimal for construction and operation of the CPV Valley Energy Center. Traffic impacts associated with the CPV Energy Center would also be temporary and limited to the duration of construction. No cumulative impacts on traffic would occur during operation of the projects (Town of Wawayanda, 2012).

Infrastructure and Public Services

The cumulative impact of the Project and other projects on infrastructure and public services could depend on the number of projects under construction at one time and the specific services required for each project. Operation of the Project will not have a major impact on public services since it will not require the construction of new public roads, extensive new sewer or water systems, or result in significant changes in local population levels. As stated in Resource Report 5, necessary community services such as medical facilities and police and fire protection are generally in adequate supply in the Project area, and should be able to absorb any increase in demand by the temporary construction workforce with minimal cost to the local governments. Because most non-local construction personnel are not expected to relocate their entire families to the construction areas, there should be no impact on local schools. Ultimately, negative impacts to government facilities and services are expected to be negligible.


Similarly the CPV Valley Energy Center is not expected to bring a measurable number of additional school-age children into the school districts, nor present a significant increase in the population served by the closest hospital. The presence of trained operating personnel on site and on-site dedicated fire water storage at the CPV Valley Energy Center mitigates potential cost impacts to fire and emergency services in the area. The CPV Valley Energy Center will also represent a long-term source of incremental revenue for the Town of Wawayanda and the Minisink Valley Central School District through a Payment in Lieu of Taxes agreement with the Orange County Industrial Agency (Town of Wawayanda, 2012).

Air Quality

Construction equipment and vehicles emit air pollutants in the immediate vicinity of construction, and fugitive dust emissions are generated by soil excavation and other construction activities. The cumulative impact on air quality from construction of the Project and projects listed in Table 1A-6, will depend on the type of construction activities that are taking place at the same time and how close in geographic proximity the construction activities are occurring. Construction of some of these projects is either i) already complete, ii) will occur in phases over many years which reduces their impact at a given location during a given time period, or iii) will occur at varying distances from the Project such that construction of many of the other projects will result in a minimal, if any, cumulative impact with Project construction activities. Because construction activities for the Project, along with the other projects, will be localized, temporary and of short duration in a particular area, the cumulative effect of construction activities are not expected to result in significant adverse air quality impacts. Operation of the projects listed in Table 1A-6 will have air emissions associated with them; however, the other sources of air emissions from operation of these recent or planned projects are or will be controlled in accordance with state and federal air pollution laws and regulations (e.g., the Minisink Compressor Station). As described in Resource Report 9, there will be no combustion equipment or stationary point sources of air pollutant emissions from the Project. As a result, the Project would not contribute to any long term, permanent degradation of air quality in conjunction with the other projects listed in Table 1A-6. Additionally, the use of natural gas results in lower emission rates of greenhouse gases and criteria air pollutants than all other fossil fuels (standardized to emissions per unit of energy consumed). The CPV Valley Energy Center under construction by CPV is an example of use of natural gas for generating electricity in place of higher emitting fossil fuels. As stated above, the Project would be located in the Hudson Valley Intrastate AQCR (see Resource Report 9, Section 9.1.1.3). The Hudson Valley Intrastate AQCR includes Albany, Columbia, Dutchess, Fulton, Orange, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, and Ulster Counties, New York. Table 9A-4 in Resource Report 9 summarizes the attainment status of the Project area. Air quality data in the Project area meets all of the National Ambient Air Quality Standards with the exception of O3. All of New York State is in the Ozone Transport Region. Therefore, the entire Project area is regulated as moderate nonattainment for O3. As a result, the CPV Valley Energy Center is subject to the Clean Air Act’s non-attainment new source review program and is required to meet Lowest Achievable Emission Reduction Rate limits and acquire emission offsets at a ratio of 1.15 to 1 for nitrogen oxides and volatile organic


compounds. This means the CPV Valley Energy Center will offset 1.15 times more than what it will actually emit, resulting in a net air quality benefit (Town of Wawayanda, 2012). Construction at the Minisink Compressor Station is complete; therefore, construction equipment and fugitive dust emissions would not occur at the same time as the construction of the Project and cumulative impacts from construction related emissions are not anticipated. Long-term air emissions would result from operation of the compressor units, emergency generator, and fuel gas heater at the Minisink Compressor Station. In its Environmental Assessment for the Minisink Compressor Station (Docket No. CP11-515-000, April 2012), FERC concluded that potential impacts on air quality associated with construction and operation of the Minisink Compressor Station would be minimized by strict adherence to all applicable federal and state regulations, and that the Minisink Compressor Station would not have a significant impact on local or regional air quality (FERC, 2012).

Noise Quality

Construction activities also have the potential to produce an increase in noise levels. Similar to potential cumulative air quality impacts, cumulative impacts from construction noise from the Project and the other projects listed in Table 1A-6 also depend on the type of construction activities that are taking place at the same time and how close in geographic proximity the construction activities are occurring. Because the noise generated by construction activities will be temporary and localized, construction activities for the Project along with the other projects are not expected to result in significant noise impacts. The design of the CPV Valley Energy Center includes noise attenuation features and an ambient noise survey was conducted for the facility. In the Findings Statement, the Town of Wawayanda found that no significant noise impacts are anticipated and the noise levels at the facility will be in compliance with the Town of Wawayanda noise ordinance (Town of Wawayanda, 2012). A noise impact analysis of the meter station was conducted for the Project, and the expected sound levels for the station were found to be below the existing conditions at all noise sensitive areas. Given that the meter station facility is minimal in comparison to the CPV Valley Energy Center, Millennium anticipates that noise generated by the meter station would not materially affect the overall noise level of the CPV Valley Energy Center.

Conclusion

The majority of cumulative impacts would be temporary and minor when considered in combination with past, present, and reasonably foreseeable activities. However, some long-term cumulative impacts would occur on wetland and upland vegetation and associated wildlife habitats. Some long-term cumulative benefits to the community would be realized from the increased revenues. Short-term cumulative benefits would also be realized through jobs and wages and purchases of goods and materials. Additionally, cumulative impacts on air quality may be reduced if the energy generated by the CPV Valley Energy Center displaces sources of energy that use higher emitting fossil fuels.


1.13 REFERENCES [CPV] – CPV Valley, LLC. 2013. The CPV Valley Energy Center. Request to New York Power Authority

Contingency Procurement of Generation and Transmission Request for Proposal Bid/Inquiry #Q13-541L. Accessed online on August 7, 2015 at: http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterSeq=41269.

[FERC] – Federal Energy Regulatory Commission. 2012. Environmental Assessment for the Minisink

Compressor Project (Docket No. CP11-515-000). Accessed online on August 13, 2015 at: http://www.ferc.gov/industries/gas/enviro/eis/2012/03-02-12-ea.asp.

[NYSDAM] – New York State Department of Agriculture. 2012. “Pipeline Right-of-Way Construction

Projects Agricultural Mitigation, through the Stages of Planning, Construction/Restoration and Follow-up Monitoring”.

Perazio, Phillip A. 2015. Letter from Phillip A. Perazio, New York State Parks, Recreation, and Historic

Preservation dated April 14, 2015. Town of Wawayanda. 2012. Town of Wawayanda Planning Board State Environmental Quality Review

Findings Statement. Accessed online on August 7, 2015 at: http://www.cpvvalley.com/pdfs/Additional%20Docs/CPV_Finding_Statement_Signed2012_05_23.pdf.

Resource Report 1 – General Project Description 1A-i Valley Lateral Project

APPENDIX 1A

Supplemental Tables TABLE 1A-1 Construction Right-of-Way Widths for the Valley Lateral .......................................... 1A-2 TABLE 1A-2 Additional Temporary Workspace for the Valley Lateral ............................................ 1A-4 TABLE 1A-3 Permanent and Temporary Access Roads ..................................................................... 1A-7 TABLE 1A-4 Proposed Deviations to FERC Plan and Procedures ..................................................... 1A-8 TABLE 1A-5 Permits and Approvals .................................................................................................. 1A-9 TABLE 1A-6 Projects with Potential Cumulative Impacts on Resources Within the General

Area of the Valley Lateral Project .............................................................................. 1A-12

Resource Report 1 – General Project Description 1A-2 Valley Lateral Project

TABLE 1A-1 Construction Right-of-Way Widths for the Valley Lateral

Town Begin

Milepost End

Milepost

Approx. Width (feet)


Method Justification

ATWS Exclusions

Minisink 0.00 0.08 115 Open-Cut Farmland - Soil Segregation +

Access Road 001, 047

Minisink 0.08 0.09 90 Open-Cut Tree Line Crossing + Access Road


Access Road 002

Minisink 0.13 0.15 90 Open-Cut Farm Wetland Crossing + Access

Road


Access Road 003


Access Road


Road


Access Road 004

Minisink 0.43 0.44 50 Bore Fordlea Road Crossing


Access Road 005


Road


Access Road

Minisink 0.58 0.69 110 Open-Cut Farmland - Soil Segregation

Minisink 0.69 0.72 75 Bore Abandoned Railroad Crossing 007, 010

Minisink 0.72 0.81 135 Open-Cut Farmland w/ Side Slope -Soil

Segregation

Minisink 0.81 0.93 110 Open-Cut Upland Forested Wetland Crossing

w/ Side Slope

Minisink 0.93 0.96 135 Open-Cut Farmland w/ Side Slope

Minisink 0.96 0.99 110 Open-Cut Farmland w/ Side Slope

Minisink 0.99 1.31 135 Open-Cut Farmland w/ Side Slope 012, 013

Minisink 1.31 1.80 50 HDD HDD Location (Hand Cutting Only -

10')

Minisink 1.80 2.08 110 Open-Cut Farmland - Soil Segregation 014

Minisink 2.08 2.09 50 Bore CR 22 Crossing 016, 017, 019

Minisink 2.09 2.39 110 Open-Cut Farmland w/ Side Slope 020

Minisink 2.39 2.41 50 Bore State Hwy 284 Crossing

Wawayanda 2.41 2.42 50 Bore State Hwy 284 Crossing

Wawayanda 2.42 2.50 110 Open-Cut Farmland - Soil Segregation 021, 024

Wawayanda 2.50 2.58 75 Open-Cut Wetland Buffer

Wawayanda 2.58 2.62 110 Open-Cut Farmland - Soil Segregation 025

Wawayanda 2.62 2.66 75 Open-Cut Creek Crossing



TABLE 1A-1 Construction Right-of-Way Widths for the Valley Lateral

Town Begin

Milepost End

Milepost

Approx. Width (feet)


Method Justification

ATWS Exclusions

Wawayanda 2.74 2.79 75 Open-Cut Creek Crossing 029

Wawayanda 2.79 2.99 110 Open-Cut Farmland - Soil Segregation 030, 032, 034

Wawayanda 2.99 3.01 50 Bore CR 93 Crossing 032, 033, 034, 035

Wawayanda 3.01 3.45 110 Open-Cut Side Slope 033, 035

Wawayanda 3.45 3.55 75 Open-Cut Wetland Crossing 037

Wawayanda 3.55 3.64 110 Open-Cut Farmland - Soil Segregation

Wawayanda 3.64 3.67 75 Open-Cut Forested Upland / Wetland Crossing


Wawayanda 3.70 3.73 75 Open-Cut Wetland Crossing

Wawayanda 3.73 3.87 110 Open-Cut Farmland - Soil Segregation 040, 043



Wawayanda 4.01 4.19 75 Open-Cut Forested Wetlands 046


Wawayanda 4.38 4.52 75 Open-Cut Forested Upland 050


Wawayanda 4.56 4.92 75 Open-Cut Forested Upland / Wetland Crossing 052

Wawayanda 4.92 5.00 110 Open-Cut Farmland - Soil Segregation

Wawayanda 5.00 5.66 75 Open-Cut Forested Upland / Wetland Crossing 054, 055,

056, 057, 058

Wawayanda 5.66 5.67 50 HDD Ridgebury Hill Road Crossing 055, 056, 057, 058

Wawayanda 5.67 5.80 75 HDD HDD + Equipment Workspace 060

Wawayanda 5.80 6.09 50 HDD HDD (Hand Cutting Only - 10') +

Access Road

Wawayanda 5.80 6.41 75 Open-Cut Forested Upland 061, 062


Wawayanda 6.65 6.65 50 Bore Seward Road Crossing

Wawayanda 6.65 6.75 110 Open-Cut Farmland Soil Segregation 067

Wawayanda 6.75 6.80 75 Open-Cut Wetland Buffer

Wawayanda 6.80 7.02 110 Open-Cut Farmland - Soil Segregation /

Upland 069


Wawayanda 7.09 7.30 110 Open-Cut Upland / Farmland - Soil

Segregation 071, 072, 073

Wawayanda 7.30 7.75 50 HDD HDD Location (Hand Cutting Only -

10')

Wawayanda 7.75 7.76 110 Open-Cut Site Conventional Lay 074, 075, 079


TABLE 1A-2 Additional Temporary Workspace for the Valley Lateral

ATWS ID Enter

Milepost

Approximate Dimensions

(feet) Acresa

Existing Land Useb Justification

ATWS-001 0.0 350 x 1,440 0.00c AG Launcher site workspace & laydown/construction yard

ATWS-002 0.1 25 X 165 0.10 AG Additional workspace to avoid cutting trees &

for farm swale crossing

ATWS-003 0.2 25 X 100 0.06 AG Workspace farm swale crossing

ATWS-004 0.4 50 X 150 0.17 AG Fordlea Road Bore staging area

ATWS-005 0.5 50 X 200 0.24 AG, WL Fordlea Road Bore staging area

ATWS-006 0.6 30 X 905 0.62 AG, UF, WLTraffic lane for equipment / Temporary Access

Road

ATWS-007 0.7 105 X 150 0.37 AG Abandoned Railroad Bore staging area

ATWS-008 0.8 35 X 3,038 2.44 AG, OL, UF,

WL Side slope / bore crossing staging area / HDD

staging area

ATWS-009 0.8 25 X 553 0.32 AG, UF Side slope

ATWS-010 0.7 145 X 150 0.50 AG Abandoned Railroad Bore staging area / two-

tone side slope area

ATWS-011 1.1 25 X 1,668 0.96 AG, UF Side slope

ATWS-012 1.2 75 X 200 0.34 AG, UF Side slope spoils area

ATWS-013 1.3 25 X 400 0.23 AG Rutgers Creek / Wetlands HDD staging area

ATWS-014 1.8 200 X 107 0.49 AG, OL Rutgers Creek / Wetlands HDD staging area

ATWS-015 2.0 35 X 1,446 1.16 AG Traffic lane for equipment / soil segregation

ATWS-016 2.1 50 X 141 0.16 AG County Road 22 bore crossing


ATWS-018 2.3 35 X 1,646 1.32 AG Side slope / traffic lane for equipment/soil

segregation


ATWS-020 2.4 50 X 229 0.26 AG, CI, UF State Highway 284 bore crossing

ATWS-021 2.4 50 X 160 0.18 AG, UF State Highway 284 bore crossing

ATWS-022 2.4 50 X 135 0.15 AG State Highway 284 bore crossing

ATWS-023 2.4 35 X 440 0.35 AG, UF State Highway 284 bore crossing / traffic lane

for equipment

ATWS-024 2.4 60 X 60 0.08 UF State Highway 284 bore crossing

ATWS-025 2.6 50 X 150 0.17 AG Rutgers Creek crossing / topsoil segregation




ATWS-029 2.8 50 X 100 0.11 AG Catlin Creek crossing / topsoil segregation

ATWS-030 2.8 50 X 100 0.11 AG Catlin Creek crossing / topsoil segregation





ATWS ID Enter

Milepost


(feet) Acresa


ATWS-033 3.0 50 X 120 0.14 OL County Road 93 bore crossing


ATWS-035 3.0 50 X 185 0.21 OL County Road 93 bore crossing

ATWS-036 3.1 35 X 2,240 1.80 OL, UF, WL Side slope

ATWS-037 3.5 50 X 50 0.06 OL Wetland Crossing

ATWS-038 3.6 35 X 505 0.41 AG Farm wetland crossing / traffic lane for

equipment / soil segregation







ATWS-042 3.8 35 X 746 0.60 AG Catlin Creek crossing / traffic lane for










ATWS-047 0.0 75 X 195 0.16 AG Launcher site workspace

ATWS-048 4.3 34 X 941 0.76 AG, UF Wetland Crossing / soil segregation / staging

area

ATWS-049 4.2 100 x 100 0.23 AG Traffic lane for equipment / soil segregation

ATWS-050 4.5 100 x 239 0.55 AG, UF Traffic lane for equipment / soil segregation

ATWS-051 4.5 35 x 291 0.23 AG, UF Wetland Crossing / soil segregation / staging

area

ATWS-052 4.6 50 X 100 0.11 UF Creek / Wetland Crossing / workspace for

centerline PI

ATWS-053 5.0 35 X 438 0.35 AG, UF Traffic lane for equipment / soil segregation

ATWS-054 5.3 50 X 100 0.11 UF Wetland Crossing / workspace for centerline PI

ATWS-055 5.6 50 X 145 0.17 UF Ridgebury Hill Road HDD crossing / Staging

area

ATWS-056 5.6 50 X 145 0.05 OL, UF Ridgebury Hill Road HDD crossing / Staging

area

ATWS-057 5.6 75 x 235 0.40 UF Ridgebury Hill Road HDD crossing / Staging

area

ATWS-058 5.7 75 x 65 0.11 CI, UF, WLRidgebury Hill Road HDD crossing / Staging

area

ATWS-059 0.9 25 x 160 0.09 OL, UF Side Slope

ATWS-060 5.8 100 x 103 0.24 CI Ridgebury Hill Road HDD crossing / Staging

area



ATWS ID Enter

Milepost


(feet) Acresa


ATWS-061 6.1 50 x 200 0.23 UF Ridgebury Hill Road HDD crossing / Staging area / additional workspace for centerline PI

ATWS-062 6.1 75 x 200 0.34 UF Ridgebury Hill Road HDD crossing / Staging area / additional workspace for centerline PI

ATWS-063 6.5 35 x 1,225 0.98 AG, UF, WL Traffic lane for equipment / soil segregation

ATWS-064 6.6 50 X171 0.20 AG Seward Road bore crossing / Staging area

ATWS-066 6.7 35 X 537 0.43 AG, WL Traffic lane for equipment / soil segregation /

wetland crossing

ATWS-067 6.7 50 X 170 0.19 AG, WL Seward Road bore crossing / Staging area

ATWS-068 6.9 35 X 1,185 0.95 AG Traffic lane for equipment / soil segregation /

farm wetland crossing

ATWS-069 7.0 50 X 100 0.11 AG Farm wetland crossing


ATWS-071 7.2 50 X 2,180 2.50 AG, OL, UF,

WL HDD stringing/pullback workspace

ATWS-072 7.3 50 X 69 0.08 AG HDD staging area

ATWS-073 7.3 75 x 187 0.32 AG HDD staging area

ATWS-074 7.8 25 x 130 0.07 CI HDD staging area / station site work / line pipe

spoils

ATWS-075 7.8 45 X 184 0.19 CI HDD staging area / station site work

ATWS-076 7.8 32 x 200 0.15 CI HDD staging area / station site work

ATWS-077 7.8 92 x 100 0.23 CI Station site work

ATWS-078 6.4 50 x 785 0.90 AG, UF HDD stringing/pullback workspace

ATWS-079 7.8 25 x 100 0.06 CI HDD staging area / station site work / line pipe

spoils

TOTALd: 29.81

NOTES: a: Acreage calculated from actual footprint, which may not correspond to the approximate dimensions. b: AG = Agricultural; CI = Commercial/industrial; UF = Upland forest; OL = Open land; WL = Wetlands c: The acreage for ATWS 001 is included in Table 1.4-2 as Pipeyard CY-2. d: Sum may not equal addends due to rounding.


TABLE 1A-3 Permanent and Temporary Access Roads

Access Road

ID MP

Temporary/ Permanent

Existing/ New

Existing Surface/

Land Typea

Proposed Modifications

Length (feet)

Width (feet)

Construction Area (acres)

Operation Area

(acres)

PAR-001

0.0 Permanent Existing Gravel / AG, OW

Paved entrance

2,715 30 1.72 1.72

TAR-001

0.4 Temporary Existing Gravel / AG, UF

Gravel 847 30 0.50 0.00

TAR-002

1.6 Temporary New OL, OW,

UF Gravel 1,338 30 0.90 0.00

TAR-003

2.5 Temporary New AG Gravel 450 30 0.31 0.00

TAR-004

2.8 Temporary New AG Gravel 910 30 0.63 0.00

TAR-005

3.7 Temporary Existing

Field, two-

track, dirt / AG

Gravel 1,775 25 1.02 0.00

TAR-006

4.6 Temporary Existing AG, RL,

UF Additional

Gravel 1,665 30 0.95 0.00

TAR-007

5.0 Temporary New AG, CI,

UF Gravel 2,496 30 1.72 0.00

TAR-008

2.2 Temporary Existing

Approach OL, AG Gravel 166 30 0.11 0.00

TAR-009

5.7 Temporary Existing CI, UF Gravel 1,357 30 0.34 0.00

TAR-010

7.7 Temporary New CI Gravel 405 30 0.24 0.00

PAR-002

7.8 Permanent Existingb CI Pavement 1,685 30 1.12 1.12

TOTAL: 9.56 2.84

NOTES: a/ OL = Open Land, UF = Upland Forest; AG = Agricultural Land; OW = Open Water; WL = Wetland; RL = Residential PAR = Permanent Access Road TAR = Temporary Access Road b/ PAR-002 is primarily the existing paved access road for the CPV Valley Energy Center. An extension is proposed for the Project.


TABLE 1A-4 Proposed Deviations to FERC Plan and Procedures

Requirement Deviation Location

Feature Justification / Description

FERC Plan

Section IV.A.2. Limit construction ROW to 75 feet

See Table 1A-1

FERC Procedures

Section VI.A.3. Limit construction ROW to 75 feet

See Table 1A-1

Section VI.B.1.a. Locate all extra work areas (such as staging areas and additional spoil areas) at least 50 feet away from wetland boundaries, except

where the adjacent upland consists of cultivated or rotated cropland or other

disturbed land.

MP 1.0 W-H Side slope construction. Wetland within ATWS.

MP 1.3 St-E Rutgers Creek / Wetlands HDD staging area

MP 1.8 St-G Rutgers Creek / Wetlands HDD staging area

MP 2.5, 2.6 W-R Rutgers Creek crossing / topsoil segregation

MP 2.6 St-I Rutgers Creek crossing / topsoil segregation

MP 2.8 St-J Catlin Creek crossing / topsoil segregation

MP 3.4, 3.5 W-AQ Side slope construction

MP 5.6 W-W Ridgebury Hill Road HDD crossing / Staging area. Wetland within ATWS.

MP 7.2 W-BA HDD stringing/pullback workspace. Wetland within ATWS.

MP 7.7 W-AH HDD staging area / station site work / line pipe spoils

MP 7.7 St-AH HDD staging area / station site work. Stream within ATWS.

Section VI.B.1.d. The only access roads, other than the

construction right-of-way, that can be used in wetlands are those existing roads that can be used with no modifications or improvements,

other than routine repair, and no impact on the wetland

TAR-002 St-F

Temporary access road, contingency access to ROW, only to be used in the event of an inadvertent release or HDD failure and for access to the ROW for hand clearing control wire path.


TABLE 1A-5 Permits and Approvals

Agency and Contact Information Permit/Consultation Anticipated

Submittal Date Status

Anticipated Receipt of

Approval/Permit

FEDERAL

FERC Certificate of Public Convenience and Necessity under Section 7(c) of the Natural Gas Act

November 2015 Filed November 2015

Submitted draft ER [PF15-23] August 2015

July 2016

U.S. Army Corps of Engineers New York District

Nationwide Permit - Section 404 of the Clean Water Act (CWA)

November 2015 Application to be submitted concurrent with the filing of this final

ER.

July 2016

U.S. Fish & Wildlife Service New York Ecological Services Field

Office

Consultation - Section 7 Endangered Species Act Consultation - Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act

April 2015

Pending

Official Species Lists obtained June 2015 and September 2015 online Bog Turtle Surveys conducted July and September 2015 Informal meetings and correspondence with USFWS and NYSDEC Completed USFWS IPaC package to be submitted October 2015

July 2016






Approval/Permit

NEW YORK

New York State Department of Environmental Conservation (NYSDEC)

Section 401 Water Quality Certification U.S. Army Corps of Engineers (USACE)/NYSDEC Joint Permit Application

-Freshwater Wetlands Permit (Article 24) -Protection of Waters Permit (Article 15)

SPDES Permit for Construction Activities and Stormwater Pollution Prevention Plan

November 2015 Pending

To be submitted concurrent with the filing of this final ER

Site walk conducted in October 2015

July 2016

New York Natural Heritage Program Consultation – State listed species April 2015 Complete

Species list received June 2015

N/A

New York Bureau of Parks, Recreation, and Historic Preservation

Consultation – Section 106 National Historic Preservation Act

April 2015 Phase I survey complete (with the exception of No survey parcel) Phase I survey report to be filed concurrent with this final ER

July 2016

New York State Department of Agriculture and Markets

Consultation April 2015 Pending

Site walk conducted October 2015

July 2016

New York State Department of Transportation

Accommodation of Utilities within State Highway Right-of-Way


Application to be submitted

August 2016






Approval/Permit

Orange County Department of Public Works

Permit Work within County Right-of-Way

November 2015 Pending Application to be submitted

August 2016

Town of Wawayanda Stormwater Pollution Prevention Plan


Plan to be submitted

August 2016


TABLE 1A-6 Projects with Potential Cumulative Impacts on Resources Within the General Area of the Valley Lateral Project

Project Description HUC 12 Anticipated Date of Construction /

Project Status

Approximate Distance from Nearest Valley Lateral Project Facility (miles)

Potentially Affected

Resource Areas

Energy Projects

CPV Valley Energy Center

Energy Center Masonic Creek – Wallkill River (020200070401)

August 2015 / Under

Construction

0 mile from MP 7.8

water, fisheries, vegetation,

wildlife, soils, geological

resources, land use,

socioeconomic, noise, air

Minisink Compressor Station

Existing natural gas compressor

station

Lower Pochuck Creek - Wallkill

River (020200070207)

Completed June 1, 2013

0.65 mile southeast of MP

0.0

Socioeconomic, air

President Container

Solar Electric Generator Plant

at existing facility

Masonic Creek – Wallkill River

(020200070401)

Construction begins Spring,

2015; estimated completion Fall

2015

5.52 miles northeast of MP

7.8




socioeconomic, air

Road Projects

NYS Route 17 at exit 122

Highway Improvement

Masonic Creek – Wallkill River (020200070401)

Under construction,

estimated completion

October 2015

4.92 miles east of MP 7.8




socioeconomic, air

Route 211 Pedestrian and

Landscape Improvements

Sidewalk replacement


Construction starts August 2015,

estimated completion June

2016


7.8




socioeconomic, air




Project Status



Resource Areas

US 17 Transportation Corridor Study

(NYSDOT)

Capacity improvements


In development. Corridor Study Completed in

2013. Improvements to be pursued as

funding becomes available


7.8




socioeconomic, air

Recreation Projects

Heritage Trail Extension

Extension of existing

recreational trail

Masonic Creek – Wallkill River

(020200070401)

Construction could start as soon as

the second half of 2016.


7.8




socioeconomic, air

Residential and Commercial Projects

Kent Farm Development

150 Age Restricted

housing units and commercial

building


Under DEIS review


7.8




socioeconomic, air

Sleep Inn Hotel 108-room hotel Masonic Creek – Wallkill River (020200070401)

Construction estimated to begin

August 2015

0.78 mile northeast of MP

7.8




socioeconomic, air

Pathway to Health Clinical Health

Facility


Seeking funding 3.03 miles

northeast of MP 7.8




socioeconomic, air




Project Status



Resource Areas

Equilibrium Brewery Brewery Masonic Creek – Wallkill River (020200070401)


in August/September 2015. Anticipated

complete November 2015

2.50 Miles northeast of MP

7.8




socioeconomic, air

Echo Lake Corporate Park

Business Park Masonic Creek – Wallkill River (020200070401)


Spring 2016





socioeconomic, air

Kikkerfrosch Brewery

Brewery Masonic Creek – Wallkill River (020200070401)


Summer 2015

4.0 miles southeast of MP

7.2




socioeconomic, air

Clemson Brewery Brewery and Restaurant


Opened Summer 2015


7.8




socioeconomic, air

Orange County Regional Medical

Center

Medical center expansion


Construction began 2015;

estimated completion Fall

2016


7.8




socioeconomic, air




Project Status



Resource Areas

Hilton Home2 Suites Hotel Masonic Creek – Wallkill River (020200070401)

Construction to begin Spring 2015;

estimated completion early

2016


7.8




socioeconomic, air

Industrial Projects

Amy’s Kitchen Food

Manufacturing Facility


Anticipated start Spring 2016





socioeconomic, air

Advanced Coating Technologies (Pratt &

Whitney Manufacturing)

Proposed expansion of facility which

applies engineered

coatings to turbine parts.

Hudson Valley Intrastate AQCR; Wallkill, Orange County

4/22/2015 new draft Air State Facility

permit

4.9 miles northeast of MP 7.8

Air

Hipotronics Inc

Manufactures and assembles high

voltage test equipment. New

permit for existing facilities.

Hudson Valley Intrastate AQCR; Brewster, Putnam County

2/25/2015 new draft Air State Facility

permit


Air

Resource Report 1 – General Project Description 1B-i Valley Lateral Project

APPENDIX 1B

Project Compliance and Mitigation Plans

Project Environmental Construction Standards

Horizontal Directional Drill Contingency Plan

Bedrock Blasting Plan

Environmental Complaint Resolution Procedures

Resource Report 1 – General Project Description Valley Lateral Project

Project Environmental Construction Standards


Environmental Construction Standards


November 2015

ENVIRONMENTAL CONSTRUCTION STANDARDS

Millennium Pipeline Company, L.L.C. ii Valley Lateral Project

These Environmental Construction Standards (ECS) for the Valley Lateral Project (Project) amend previous versions of the ECS by incorporating the Project-specific environmental requirements. To that end, these ECS collate the procedures that are to be followed to maintain compliance with Project environmental requirements during typical construction activities, and are designed for use in the field during construction activities, along with the Construction site drawings, and any site-specific construction and environmental mitigation plans. Millennium’s construction inspectors and contractors are required to understand and follow the requirements of these permits, certificates, and plans, as applicable to environmental compliance.


Millennium Pipeline Company, L.L.C. iii Valley Lateral Project

TABLE OF CONTENTS Section Page I. INTRODUCTION ........................................................................................................................... 1 II. SUPERVISION AND INSPECTION .............................................................................................. 2

II.A ENVIRONMENTAL INSPECTION .................................................................................. 2 II.B ENVIRONMENTAL VARIANCES .................................................................................. 3

III CONSTRUCTION PROCEDURES ................................................................................................ 3 III.A GENERAL .......................................................................................................................... 3 III.B MARKING APPROVED AREAS OF DISTURBANCE .................................................. 5

III.B.1 Right of Way .......................................................................................................... 5 III.B.2 Access Roads ......................................................................................................... 5 III.B.3 Pipeyard(s) ............................................................................................................ 5

III.C CLEARING ........................................................................................................................ 5 III.C.1 Wood Products and Materials ............................................................................... 6 III.C.2 Brush ...................................................................................................................... 6 III.C.3 Fence Crossings ..................................................................................................... 6

III.D GRADING .......................................................................................................................... 7 III.D.1 Grading Near Watercourses .................................................................................. 7 III.D.2 Tree Stump and Rock Removal/Disposal ............................................................... 7 III.D.3 Erosion Control Devices Installed During Grading .............................................. 7 III.D.4 Temporary Road Entrances ................................................................................... 8

III.E TRENCHING ..................................................................................................................... 8 III.E.1 General Specifications ........................................................................................... 8 III.E.2 Blasting .................................................................................................................. 8 III.E.3 Temporary Trench Plugs ....................................................................................... 9 III.E.4 Temporary Construction Access over the Trench .................................................. 9

III.F PIPE INSTALLATION AND TRENCH DEWATERING ................................................ 9 III.F.1 General Pipe Installation ....................................................................................... 9 III.F.2 Trench Dewatering ................................................................................................ 9

III.G BACKFILLING ................................................................................................................ 10 III.G.1 General ................................................................................................................ 10 III.G.2 Trench Line Barriers (Trench Plugs) .................................................................. 10

III.H GRADING, CLEANUP, RESTORATION AND STABILIZATION ............................. 10 III.H.1 Final Grading ...................................................................................................... 11 III.H.2 Final Erosion Control Devices ............................................................................ 11 III.H.3 Restoration ........................................................................................................... 11 III.H.4 Temporary Stabilization Measures ...................................................................... 12 III.H.5 Restoring Man Made Structures .......................................................................... 13 III.H.6 Off-Road Vehicle (ORV) Control ......................................................................... 13

III.I PRESSURE TESTING ..................................................................................................... 13 III.J RESIDENTIAL AREA CONSTRUCTION ..................................................................... 14 III.K AGRICULTURAL AREA CONSTRUCTION ................................................................ 14

III.K.1 Topsoil Protection................................................................................................ 14 III.K.2 Drainage Tile and Irrigation Facilities ............................................................... 15


Millennium Pipeline Company, L.L.C. iv Valley Lateral Project

III.K.3 Alternate Grazing Plans ...................................................................................... 15 III.K.4 Soil Compaction ................................................................................................... 15 III.K.5 NYSDAM Plan Incorporation .............................................................................. 15

III.L NOISE AND DUST CONTROL ...................................................................................... 15 IV. WATERBODY CROSSINGS ....................................................................................................... 16

IV.A GENERAL ........................................................................................................................ 16 IV.B EQUIPMENT CROSSINGS ............................................................................................ 16 IV.C CLEARING ...................................................................................................................... 17 IV.D GRADING ........................................................................................................................ 17 IV.E BLASTING ....................................................................................................................... 17

IV.E.1 Notifications ......................................................................................................... 17 IV.E.2 Procedures ........................................................................................................... 17

IV.F CROSSING TECHNIQUES ............................................................................................. 17 IV.G TRENCHING ................................................................................................................... 18 IV.H BACKFILLING ................................................................................................................ 19 IV.I RESTORATION ............................................................................................................... 19

IV.I.1 General ................................................................................................................ 19 IV.I.2 Non-Vegetative Bank Stabilization ...................................................................... 19

V. WETLAND CROSSINGS ............................................................................................................. 20 V.A GENERAL ........................................................................................................................ 20

V.A.1 Pre-Construction Surveys and Wetland Flagging ............................................... 20 V.B CONSTRUCTION TECHNIQUES .................................................................................. 20 V.C CLEARING ...................................................................................................................... 20 V.D GRADING ........................................................................................................................ 20 V.E BLASTING ....................................................................................................................... 21 V.F CROSSING TECHNIQUES ............................................................................................. 21 V.G TRENCHING ................................................................................................................... 22 V.H BACKFILLING ................................................................................................................ 22 V.I RESTORATION ............................................................................................................... 22

VI. MAINTENANCE .......................................................................................................................... 23 VI.A GENERAL ........................................................................................................................ 23 VI.B UPLAND AREAS ............................................................................................................ 23 VI.C WATERBODIES, WETLANDS, AND ENVIRONMENTALLY SENSITIVE AREAS 23

VII GLOSSARY AND DEFINITION OF TERMS ............................................................................. 25

LIST OF TABLES

TABLE 2A Temporary Seeding and Mulching ............................................................................................. 26 TABLE 2B Permanent Seeding and Mulching - Uplands ............................................................................. 26 TABLE 2C Permanent Seeding – Forested Wetlands, Article 24 Wetlands and Adjacent Area .................. 27


Millennium Pipeline Company, L.L.C. v Valley Lateral Project

ATTACHMENTS ATTACHMENT A FERC PLAN ATTACHMENT B FERC PROCEDURES ATTACHMENT C MILLENNIUM’S UNANTICIPATED DISCOVERY OF CONTAMINATION PLAN ATTACHMENT D MILLENNIUM’S SPILL PREVENTION AND RESPONSE PLAN ATTACHMENT E MILLENNIUM’S WINTER CONSTRUCTION PLAN ATTACHMENT F NYSDAM PLAN ATTACHMENT G TYPICAL CONSTRUCTION FIGURES

Figure 1 – Typical Upland Construction Sequence Figure 2 – Typical 75ft. Construction Right-of-Way Figure 3A – Typical 110ft. Construction Right-of-Way / Left Side Figure 3B – Typical 110 ft. Construction Right-of-Way / Right Side Figure 3C – Typical 135 ft. Construction Right-of-Way Figure 3D – Typical 105 ft. Construction Right-of-Way Figure 4 – Typical Foreign Pipeline Crossing Figure 5 – Typical Overhead Electric Transmission Line Crossing Figure 6 – Typical Temporary Access Driveway Figure 7 – Typical Permanent Access Driveway Figure 8 – Typical Construction Road Figure 9 – Temporary Construction Gate Figure 10 –Fence Restoration Figure 11– Typical Topsoil Conservation Figure 12a – Interceptor Diversions/Slope Breakers Figure 12b – Interceptor Diversions Figure 13 – Sediment Filter Device Silt Fencing Figure 14 – Sediment Filter Device Staked Bales Figure 15 – Typical Erosion Control Measures at Road Crossings Figure 16 – Trench Line Barriers and Breakers Figure 17 – Filter Bag Figure 18 – Field Tile Replacement Methods Figure 19 – Erosion Control Blanket Figure 20 – Typical Stream Crossing Flume Figure 21 – Typical Stream Crossing Dam and Pump Figure 22 – Typical Stream Crossing Dry Waterbody Figure 23– Temporary Equipment Crossing Culvert and Stone Figure 24 – Temporary Equipment Crossing Equipment Pads Figure 25 – Typical Wetland Crossing Figure 26– Timber Mat Detail Figure 27 – Typical Compost Filter Sock Figure 28 – Hydrostatic Test Dewatering Pit Figure 29 – Typical Trench Dewatering Figure 30 – Typical Trench Dewatering within 100 feet of wetlands and waterbodies Figure 31 – Typical Stream Bank Restoration Figure 32 – Typical Wetland Restoration Figure 33 – Right-of-Way Maintenance - Wetlands Figure 34 – Right-of-Way Maintenance - Perennial Streams


Millennium Pipeline Company, L.L.C. 1 Valley Lateral Project

I. INTRODUCTION In constructing and operating the Valley Lateral Project (Project), Millennium Pipeline Company, L.L.C. (Millennium) is committed to complying with applicable environmental rules and regulations, including the Project-specific requirements contained in the approvals issued by the Federal Energy Regulatory Commission (FERC or Commission), other applicable environmental permits and the environmental commitments in landowner easement agreements (collectively referred to as the Environmental Requirements). It is Millennium’s policy that the Project construction, operation, and maintenance activities be conducted in a safe manner that limits adverse effects on the environment. To this end, Millennium has prepared these Project-specific Environmental Construction Standards (ECS). In doing so, Millennium has generally incorporated the Commission’s “Upland Erosion Control, Revegetation, and Maintenance Plan” (FERC Plan) (Attachment A) and “Waterbody and Wetland Construction and Mitigation Procedures” (FERC Procedures) (Attachment B). The ECS compiles the Environmental Requirements specific to each Project construction task in an organized format. This format is designed to facilitate the use of the ECS, along with Millennium’s Construction design drawings, in the field during construction. It is anticipated that the ECS will be used by Millennium’s environmental inspector (EI), other inspectors, and the construction contractors. The ECS represents the procedures that are to be followed to maintain compliance with Project regulatory requirements during typical construction activities. However, in addition to the ECS, Millennium has developed separate construction plans or environmental mitigation measures for the protection of known or potential environmental and cultural resources (inadvertent discovery of archaeological resources).

During construction, site-specific modifications to the ECS procedures may be required in response to field conditions. However, any such modifications must be to achieve the same level of environmental protection as detailed in the ECS and must be documented by the Millennium EI in his/her daily environmental report.

This ECS is organized as follows:

Section II discusses Supervision and Inspection.

Section III addresses standards for general construction in upland areas, including agricultural and residential areas.

Sections IV and V discuss the standards for crossings of waterbodies and wetlands, respectively.

Section VI reviews maintenance and monitoring procedures to be implemented after the completion of construction.

Attachments to the ECS include:

Attachment A – FERC Plan

Attachment B – FERC Procedures

Attachment C – Millennium’s Unanticipated Discovery of Contamination Plan

Attachment D – Millennium’s Spill Prevention and Response Procedures



Attachment E – Millennium’s Winter Construction Plan

Attachment F – NYSDAM Plan

Attachment G - Millennium’s typical construction details.

II. SUPERVISION AND INSPECTION

II.A ENVIRONMENTAL INSPECTION

Millennium will use at least one EI for construction of the Project. Millennium will conduct training to ensure that the EI will be able to carry out the duties as described in this ECS. The EI will review all Project documents (i.e., permits, site plans, aerial photography, and relevant plans) prior to construction. The EI will have peer status with all other activity inspectors. The EI will have the authority to stop activities that violate the Environmental Requirements and to order appropriate corrective action. The EI may also serve to monitor other construction functions. At a minimum, the EI will be responsible for:

Inspecting construction activities for compliance with the Environmental Requirements and the mitigation measures agreed to by Millennium.

Identifying, documenting, and overseeing corrective actions, as necessary to bring an activity back into compliance.

Verifying that the limits of authorized CWA and locations of the access roads are properly marked and maintained in accordance with this ECS.

Verifying the location of signs and visible flagging marking the boundaries of sensitive resource areas, waterbodies, wetlands, or areas with special requirements along the construction work area (CWA).

Identifying erosion/sediment control and soil stabilization needs in all areas.

Ensuring that the design of slope breakers will not cause erosion or direct water into cultural resource sites, wetlands, waterbodies and sensitive species habitats (collectively referred to as Sensitive Resource Areas).

Verifying that dewatering activities are properly monitored and do not result in the deposition of sand, silt, and/or sediment into Sensitive Resource Areas; stopping dewatering activities if such deposition is occurring and ensuring the design of the discharge is changed to prevent reoccurrence; and verifying that dewatering structures are removed after completion of dewatering activities.

Verifying the testing of subsoil and topsoil in agricultural and residential areas to measure compaction and determine the need for corrective action.

Advising the Chief Inspector (CI) when environmental conditions (such as wet weather or frozen soils) make it advisable to restrict or delay construction activities in agricultural areas.



Ensuring restoration of contours and topsoil consistent with this ECS.

Verifying that the soils imported for agricultural or residential use are certified as free of noxious weeds and soil pests, unless otherwise approved by the landowner.

Ensuring that erosion control devices are properly installed and maintained in accordance with this ECS and determining the need for additional erosion control devices.

Inspecting temporary erosion control measures at least:

o on a daily basis in areas of active construction or equipment operation, o on a weekly basis in areas with no construction or equipment operation, o within 24 hours of after every day that rainfall equals or exceeds 0.5 inch.

Ensuring the repair of all ineffective temporary erosion control measures within 24 hours of

identification, or as soon as conditions allow if compliance with this time frame would result in greater environmental impacts.

Keeping records, during active construction and restoration, of compliance with the Environmental Requirements and the mitigation measures agreed to by Millennium.

Identifying areas that should be given special attention to ensure stabilization and restoration after the construction phase.

Verifying that locations for any disposal of excess construction materials for beneficial reuse comply with this ECS.

II.B ENVIRONMENTAL VARIANCES

Unapproved variances from the ECS and Environmental Requirements and this ECS are not permitted. Any proposed variance from the procedures in this ECS will only be permitted by written approval from Millennium. Millennium may be required to obtain written approval from the FERC’s Director of the Office of Energy Projects, or his/her designee, unless specifically permitted by applicable permits. Millennium will coordinate the filing with FERC and other applicable regulatory agencies. This filing will be prior to the activity. The approval for a variance will be in writing unless written approval is not practicable (i.e., emergencies and weekends), in which cases verbal approval may be given provided that written confirmation is provided as soon as reasonably practicable. In the event of an emergency, Millennium may take such action as is necessary to contain the emergency giving due regard to minimizing environmental impact. In conjunction with other Millennium policies, the requirements contained in this ECS will be followed as close as possible. III CONSTRUCTION PROCEDURES

III.A GENERAL

The Project will be constructed in compliance with applicable Federal regulations and guidelines, and the specific requirements of applicable permits. Key guidelines and Federal requirements include:



Millennium’s Construction Specifications and Procedures. 18 CFR Part 380 – Guidelines to be Followed by Natural Gas Pipeline Companies in the

Planning, Clearing and Maintenance of Right-of-Way and the Construction of Aboveground Facilities.

49 CFR Part 192 – Transportation of Natural Gas and Other Gas by Pipeline: Minimum Federal Safety Standards.

Pipeline The pipeline construction spread operates as a moving assembly line performing specialized procedures in an efficient, planned sequence. Figure 1 presents this typical pipeline construction sequence. In addition, special construction crews install and alter fences, bore under roads and railroads, install waterbody and wetland crossings that are not done by conventional techniques, and construct valve settings and meter/regulator stations. Aboveground Facilities This ECS is focused primarily on pipeline-related construction, operation, and maintenance. However, it can be equally applied to the delivery meter station and associated piping, launcher facility and receiver facility that are part of the Project. Construction activities typically involve the following activities:

Preconstruction activities (e.g., surveying and staking the CWA boundaries, flagging or otherwise delineating environmental features, installing signs)

Clearing

Grading

Erosion Control Procedures

Establishing Access Roads

Trenching

Backfilling

Hydrostatic Testing

Final Grading

Stabilization

Final restoration and clean-up

Specific standards for crossings of waterbodies and wetlands are included in ECS Sections IV and V, respectively. Additional measures that may apply to agricultural or residential areas are included in this Section III.



III.B MARKING APPROVED AREAS OF DISTURBANCE

III.B.1 Right of Way

Before construction commences the CWA will be marked in the field. For the proposed 16-inch Valley Lateral, the CWA will consist of the permanent easement area, typically a 50-foot wide easement and a 25-foot wide temporary work area, for a typical minimum width of 75 feet, as illustrated in Figure 2. In addition, there may be instances where additional temporary work space (ATWS) is needed to accommodate activities such as, but not limited to, topsoil conservation (see Figure 11), side hill construction, equipment staging, pipe and material storage, borrow and disposal areas, temporary and permanent access, and related construction activities. The CWA will include these ATWS as well as temporary rights-of-way, contractor’s yards, pipe and materials storage yards, staging areas, and access roads and all other areas approved in the FERC Orders approving the Project. Figures 3A through 3D depict typical workspace widths required in agricultural lands (110 feet), near adjacent wetlands (105 feet), and in areas of steep side slope (up to 135 feet) for the Project. The permanent right-of-way (ROW) is maintained as Millennium’s permanent ROW for the facility. As required by the FERC Plan, all Project-related ground disturbance will be limited to the CWA. This does not apply to activities needed to comply with the FERC Plan and FERC Procedures (i.e. slope breakers, energy-dissipating devices, dewatering structures, drain tile system repairs) nor to minor field realignments and workspace shifts per landowner needs and requirements that do not affect other landowners or Sensitive Resource Areas.

III.B.2 Access Roads

Millennium will need access roads to the construction and staging areas. Prior to first use, each approved access road will be marked in the field. The access roads will typically be 30-feet wide with additional width in tight turns and at intersections with public roads. The roads will either be temporary (used for access during construction only) or permanent (used during and after construction for operation and maintenance of the facilities). All public roads are available for use as access roads without further environmental review. After construction, temporary access roads (including any additional width used for construction) will be removed and the area restored using the same specifications as applied to the rest of the CWA unless otherwise agreed upon with the landowner (see Figure 8).

III.B.3 Pipeyard(s)

During construction of the Project, Millennium anticipates using approved pipeyard(s) as a contractor wareyard and a place for the temporary storage of equipment/materials. Additional pipeyards may not be utilized, and existing yards cannot be expanded, without first obtaining the approval of the Commission and other appropriate regulatory bodies if water resources are involved.

III.C CLEARING

The CWA will be cleared of vegetation and other obstructions to the dimensions specified on the Commission approved alignment sheets. The following procedures will be used during clearing:

1. Before commencing vegetation removal, the limits of the CWA and limits of Sensitive Resource Areas will be established in the field by flagging or staking.



2. Any trees to be saved will be clearly marked or otherwise protected.

3. All clearing activities will be confined to the limits of the CWA.

4. During clearing operations, brush and trees will be felled into the CWA where reasonably practicable.

5. The clearing crew and related equipment, as well as equipment necessary for the installation of equipment bridges, will be permitted a single pass through waterbodies prior to equipment bridge installation (FERC Procedures, Section V.B.5).

III.C.1 Wood Products and Materials

1. If landowner agreements require salvage of wood products, any removed wood products shall be treated in accordance with landowner requirements. When the landowner has requested such wood products, they should be stockpiled and left on site, just off the edge of the CWA, but not within 50 feet of waterbodies or wetlands. Equipment stacking the wood products should not leave the CWA. Otherwise, all woody materials, including stumps, may be removed from the CWA, or chipped/mulched on the CWA. If chipped/mulched, such materials may be given away, buried, or thinly spread across the CWA as described in Section II.C.2.

III.C.2 Brush

All cleared brush may be disposed by using any of the following methods:

1. With landowner agreement, brush may be piled just off the CWA in upland areas, but not within 50 feet of waterbodies or wetlands. Equipment used to stack the brush will not leave the CWA. Brush piles will be constructed a maximum of approximately 12 feet wide and compacted to approximately 4 feet high, with periodic breaks at a minimum of approximately every 200 feet to permit wildlife travel.

2. Brush may be hauled off the CWA to an approved disposal site.

3. Brush may be chipped or mulched. Chips/mulch will be given away, buried, or during

construction thinly spread (an approximately 2” thick layer) over the CWA except in croplands, haylands and pasturelands (collectively referred to as Agricultural Areas) or within 50 feet of waterbodies or wetlands.

III.C.3 Fence Crossings

Where it is necessary to remove fences, adequate temporary fences or gates as illustrated in Figure 9 will be installed in accordance with landowner agreement. Once construction is completed, permanent fence repairs will be completed in accordance with landowner agreements. Typical fence restoration is depicted on Figure 10.



III.D GRADING

Grading is necessary to provide a smooth and level surface for the safe and efficient operation of the construction equipment used in the Project.

III.D.1 Grading Near Watercourses

Within 25 feet of the edge of a waterbody, initial grading will be limited to the areas required to install equipment bridges and any associated temporary work space.

III.D.2 Tree Stump and Rock Removal/Disposal

Tree Stumps

Tree stumps may be cut, graded or removed within the CWA to allow adequate and safe clearance for construction equipment and other vehicles. Tree stumps may be removed and chipped or mulched as part of the clearing operation consistent with the requirements of Section II.C.2 above. In addition, stumps may be cut flush with the ground using a stump grinder or equivalent. Rock Rock (including blast rock) will be disposed by using any of the following methods:

Buried within the CWA, including for use in fill during grade cut restoration.

Windrowed along the edge of the site, if authorized by the landowner.

Stored temporarily along the CWA and used as a deterrent for unauthorized use.

Removed from the CWA to an approved disposal site.

Crushed and then graded into the CWA as part of restoration.

NOTE: On a site-specific basis, mulch, rock, and stumps may also be buried within the CWA in deep side hill cuts, as part of the restoration of such areas.

III.D.3 Erosion Control Devices Installed During Grading

Temporary erosion and sediment controls will be installed promptly after the initial disturbance of soils as required by FERC Plan Section IV.F. In the vicinity of wetlands and waterbodies, temporary erosion control measures, such as silt fencing and interceptor dikes, will be installed prior to conducting grading activities. Such controls may involve hay or straw bales, silt fence, compacted earth, ground up (chipped/mulched) woody material, or sand bags, as well as drivable berms across travel lanes within the CWA), etc. (typical erosion control devices are described in Figures 12A, 12B, 13, 14, and 27). The EI may require fewer temporary diversions consistent with the table on Figure 12A. Temporary erosion and sediment control devices will be inspected as required by FERC Plan Section II.B.13. Any controls requiring maintenance will be promptly reported to the Contractor (e.g., via a daily punch list). Temporary erosion controls will be properly maintained throughout construction and reinstalled as necessary (e.g. after backfilling of the trench) as required under FERC Plan Section IV.F until replaced by permanent erosion controls or restoration is complete.



III.D.4 Temporary Road Entrances

If needed to maintain safe public road conditions and to prevent tracking soil and mud onto public roads, temporary road entrances will be installed as shown on Figure 6 where the CWA crosses public roads or where access roads intersect public roads. Geotextile fabric will be used as noted in Figure 6 in areas used primary for residential purposes (e.g. a lawn) (Residential Areas) or Agricultural Areas. In Agricultural Areas, topsoil will be stripped prior to the placement of fabric and stone for the temporary access. Geotextile fabric is otherwise not required. If the public road is gravel, the temporary entrance is not required to be graveled. If gravel is to be left after construction, landowner approval is required. If no access is required from the CWA onto the roadway, the installation of a construction entrance is not required, however, safety fencing may be installed across the CWA and signs designating “no entrance” may be erected to avoid any unintentional entrances. Figure 15 depicts typical erosion controls measures at road crossings. If mud and/or soil is tracked onto public roads from the CWA, the tracked material will be swept, shoveled, or scraped as necessary to keep the road surface safe for motorists.

III.E TRENCHING

III.E.1 General Specifications

The trench will be excavated to a depth sufficient to provide for the burial of the piping with the cover required by U.S. DOT requirements for Class 2, 3 and 4 areas. In areas covered by the New York State Department of Agriculture and Markets (NYSDAM) pipeline construction guidance document “Pipeline Right-of-Way Construction Projects Agricultural Mitigation, through the Stages of Planning, Construction/Restoration and Follow-up Monitoring” (NYSDAM Plan) the trench will be excavated to a depth sufficient to provide the coverage required by Section 2.7 of the NYSDAM Plan. Typically, the trench will not remain open for more than 30 days, except at tie-in and pressure test locations, unless authorized by the EI. When the trench will remain open for a greater length of time, appropriate erosion controls and safety measures will be employed as directed by the EI. Spoil piles from trench excavation (or other CWA grading) should be stored in upland areas and stabilized to prevent runoff into wetlands or waterbodies and generally should be placed at least 50 feet upgradient from the edge of waterbodies. Spoil piles should be contained with erosion and sediment controls to prevent spoil or silt-laden water from entering waterbodies or wetlands. If it is necessary to pump water from the trench or bore pits, the water will be pumped into an undisturbed and vegetated upland area where the water will filter back into the ground, a sediment trap as illustrated in Figure 28, a sediment filter bag as illustrated in Figure 17, or through a sediment filter device such as a series of terra tubes, filter sock, or flocculent logs at least 100 feet from any wetland or waterbody. If little vegetation is present, straw bales or filter sock containment will be added around the filter bag for additional sediment control. Water impounded in the trench will not be released directly or by overland flow into any waterbody or wetland. If dewatering is necessary within 100 feet of wetlands and waterbodies, water will be pumped to a haybale structure located in a well-vegetated area, and filter bags will not be used (see Figure 30).

III.E.2 Blasting

If bedrock is encountered and requires removal, several conventional (non-explosive) techniques are available, including conventional excavation with a backhoe, ripping with a dozer followed by backhoe excavation, or hammering with a pointed backhoe attachment followed by backhoe excavation.



If drilling and blasting is determined to be necessary, all drilling and blasting will be conducted in a cautious manner and suitable precautions will be taken to avoid injury or damage to persons, livestock, or other property. If blasting is necessary within 150 feet of residential or commercial buildings, Millennium may hire an independent contractor to perform pre- and post-blast structural inspections if requested by the landowner and may also deploy seismographic monitoring, if Millennium deems that appropriate.

III.E.3 Temporary Trench Plugs

Temporary trench plugs are in-trench barriers that typically consist of sand bags or compacted subsoil (referred to as “soft plugs”), or unexcavated portions of the trench (referred to as “hard plugs”). Such temporary plugs serve to segment an area of open trench, thereby reducing erosion and sedimentation down the trench and assisting in reducing dewatering issues at the base of slopes where water resources are often found. Trench plugs, as illustrated in Figure 16, will be installed, typically, at every second temporary interceptor diversion, but may be installed more or less frequently as deemed appropriate by the EI.

III.E.4 Temporary Construction Access over the Trench

Where access across the trench line is required, temporary facilities such as trench plugs, timber mats (see Figure 26), or steel plates will be constructed or installed to permit safe crossing of livestock, vehicles, equipment and persons from one side of the trench to the other. Safety fencing (or equivalent) may be installed along both sides of the trench as appropriate to block entry to the trench area except at the temporary crossing point.

III.F PIPE INSTALLATION AND TRENCH DEWATERING

III.F.1 General Pipe Installation

Pipe installation activities include stringing and bending; welding and weld inspection, and pipe lowering-in. After the trench is excavated, pipe sections will be delivered to the CWA and strung adjacent to the trench. Pipe sections will be bent where necessary to fit the contours of the trench, aligned, and welded together. The welded joints will be field-coated while the pipe is strung on supports (skids), and welds will be radiographed. Lowering-in involves placing the completed pipe sections in the trench, where a tie-in weld will be made. Before the pipe is lowered- in, the trench will be dewatered, cleaned of debris, and padded as necessary.

III.F.2 Trench Dewatering

Trench dewatering will be performed as required to remove accumulated water from the trench (or other pipe excavations) prior to and after the installation of the pipe. Any dewatering, either on or off the CWA, will be conducted so as not to discharge any heavily silt-laden water from the trench directly into wetlands or waterbodies (see, FERC Procedures, Sections V.B.11 and VI.B.4). If necessary to pump water from the trench or bore pits, the water will be pumped into one of the following:



A non-environmentally sensitive, heavily vegetated upland area;

A sediment trap as illustrated in Figure 28; or

Through a sediment filter bag as illustrated in Figure 17 or through a sediment filter device such as a series of terra tubes, filter sock, or flocculent logs that is placed at least 100 feet from any waterbody or wetland (see Figure 29). If little vegetation is present, straw bales or filter sock containment may be added around the filter bag for additional sediment control. Where trench dewatering is required within 100 feet of wetlands or waterbodies, filter bags will not be used and the water will be discharged to a haybale structure located in a well-vegetated area (see Figure 30).

If dewatering/discharge activities must be located off the CWA, locations will be selected that reasonably minimize impacts, including impacts to Sensitive Resource Areas. If reasonably practicable, the intakes of hoses used to pump water from the trench may be elevated and may be screened to minimize the amount of sediment carried in the discharge. Dewatering devices or structures will be removed after the completion of all dewatering activities in an area.

III.G BACKFILLING

III.G.1 General

Backfilling will follow the lowering-in of the pipe. Backfill will consist of the material removed from the trench or other fill material brought to the site if the existing trench spoil is not suitable for use as backfill. Where the trench bottom is irregularly shaped (e.g., due to rock) or excavated spoil is not suitable for use as backfill around the pipe, padding (typically consisting of sand or screened spoil from the excavation) may be required.

Soil that has been excavated during construction and not used for backfill will be evenly spread over upland areas of the CWA or removed from the site and properly disposed in an upland area.

All waste materials (e.g., barrels, cans, drums, stumps, coating and wrap, rubbish, or other refuse) will not be placed in the trench and will be removed from the CWA.

Excess rock, including blast rock, may be used to backfill the trench to the top of the existing bedrock profile once the pipe is properly padded.

III.G.2 Trench Line Barriers (Trench Plugs)

Trench line barriers as illustrated in Figure 16 will be installed in the trench prior to backfilling in a manner consistent with requirements in FERC Plan Section V.B.1.

III.H GRADING, CLEANUP, RESTORATION AND STABILIZATION

Restoration of the CWA begins with rough grading, which will commence promptly after or in conjunction with backfilling. Thereafter, disturbed areas along the CWA will be stabilized either by:



Final grading and restoration; or

Temporary stabilization measures to prevent erosion and sedimentation until final grading and restoration can be completed.

All construction debris (e.g., used wetland filter bags, skids, trash) will be removed from the CWA. Non-hazardous materials and waste will be disposed in an approved landfill. Hazardous materials and waste will be disposed in accordance with all applicable Millennium policies and applicable regulatory requirements. If construction or restoration continues into the winter season, Millennium will follow its Winter Construction Plan.

III.H.1 Final Grading

Reasonable efforts will be made to complete final grading and installation of permanent erosion control devices within 20 days (10 days in Residential Areas) of backfilling the trench. If related construction in the area or seasonal or other weather or soil conditions prevents compliance with these time frames, temporary erosion controls (e.g., temporary slope breakers, silt fence/hay (straw) bale erosion/sediment controls) will be maintained until conditions do allow final grading and restoration. (refer to FERC Plan, Section V.A.1).

In preparation for reseeding, the CWA will be re-graded to the approximate pre-construction contours.

In no case will final grading be delayed beyond the end of the next recommended seeding season.

If final grade can be established, but conditions are not ideal for permanent seeding, temporary stabilization measures (including temporary seeding) will be applied; the concurrent application of final seed mix and mulch (as provided in Table 2b and 2c) also may be considered, with the understanding that subsequent restoration will be required in the following growing season if the revegetation effort is not successful.

A travel lane may be left open temporarily to allow access by construction traffic if the temporary erosion control structures are maintained in accordance with the FERC Plan. When access is no longer needed, the travel lane must be removed and the ROW restored.

During final grading, soil over the trench may be mounded to allow for future settling. Where fill in the trench or major depressions have settled below ground level, additional fill will be added as needed, and the area brought to final grade.

The size, density and distribution of rock on the CWA should be similar to adjacent areas not disturbed by construction.

III.H.2 Final Erosion Control Devices

Final erosion control devices including interceptor diversion/slope breakers will be installed during final grading as provided in the FERC Plan. See Figures 12A and 12B for installation and spacing details.

III.H.3 Restoration

Restoration will typically begin within 6 days of final grading, weather and soil conditions permitting. Millennium will generally follow the soil additive and seeding requirements of FERC Plan



Section V.D. In rocky soils, fertilizer and lime may be incorporated into the soil with tracked equipment.

The typical application rates for lime, fertilizer, seed and mulch are listed in Table 2a. They will be used unless a different mix is required by applicable permit or Millennium agrees to use a different mix after consulting with the landowner or local soil conservation authority. If mulching is done before seeding, mulch application will be increased on all slopes (8 percent or more) within 100 feet of waterbodies and wetlands to a rate of 3 tons/acre of straw or equivalent.

If hydroseeding is utilized, lime and fertilizer applications should be equivalent to Table 2a unless an applicable permit requires something different or Millennium agrees to a different mix after consulting with the landowner or the local soil conservation authority. Hay or straw mulch will be applied in accordance with Table 2a over hydroseeding. Hydromulch can be used in conjunction with (for texture purposes) but not substituted for hay or straw mulch.

Millennium will uniformly apply and cover seed in accordance with any written agreement reached between Millennium and the local soil conservation authority.

Millennium will treat legume seed with an inoculate specific to the species using the manufacturer’s recommended rate of inoculant appropriate for the seeding method. If the above recommendations are not available for conventional seeding, Millennium will use 4 times the manufactures recommended rate of inoculate. For hydroseeding, 10 times the recommended rate of inoculate will be used.

Permanent seeding, liming, and fertilizing may be performed by the landowner. Millennium will ensure that the restoration is satisfactory and consistent with the regulatory requirements.

Millennium will restore all turf, ornamental shrubs, and specialized landscaping in accordance with the landowner’s request, or compensate the landowner. Restoration work will be performed by personnel familiar with local horticultural and turf establishment practices.

Jute netting as illustrated in Figure 19 or equivalent approved by the EI may be used on steep slopes to help stabilize the slope. Coconut fiber erosion control blanket/netting will not be used.

Restoration will be considered successful if the standards of the FERC Plan have been met.

III.H.4 Temporary Stabilization Measures

When the EI determines that temporary stabilization measures are required, they will be completed as soon as reasonably practicable, weather permitting. Seeding and mulching application rates will be as shown in Table 2a. Consideration will be given to the following when determining if temporary stabilization measures are to be implemented:

If final grading and installation of permanent interceptor diversions or slope breakers will not be completed in an area within 20 days after the trench in that area is backfilled (10 days in residential areas);

Construction or restoration activity is interrupted for extended periods;

Anticipated weather conditions; and

Resources on and off the CWA to be protected.



If temporary stabilization measures are utilized, final grading and/or restoration will commence once weather and soil conditions permit.

III.H.5 Restoring Man Made Structures

All existing man-made installations that are disturbed or damaged during construction along new ROW will be repaired or replaced and left in equivalent or better condition than they were found prior to construction, unless alternative arrangements with landowners have been agreed to.

Man-made installations on existing ROW that are disturbed or damaged during construction will be addressed consistent with Millennium’s encroachment policy.

III.H.6 Off-Road Vehicle (ORV) Control

Millennium will discuss with each landowner of forested lands that are crossed by the new ROW of the need for ORV control. If requested, Millennium will install one or more of the following ORV control measures:

Plant conifers (pine trees) across the CWA. The spacing of trees and length of CWA planted should provide for adequate facility maintenance, but should be sufficient to limit access and to screen the ROW from view. Trees will not be planted within 15 feet of either side of the pipeline;

Install a slash and timber barrier, a pipe barrier, or a line of boulders across the CWA to restrict vehicle access;

Install a locking gate with fencing extending a reasonable distance to prevent bypass; or

Install “No Trespass” signs.

III.I PRESSURE TESTING

The pipeline will be pressure tested in accordance with U.S. Department of Transportation (USDOT) 49 Code of Federal Regulations (CFR) Part 192 requirements to ensure its integrity for the intended service and operating pressures. The pipeline will be tested with water, air or inert gas. Test pressure will be obtained by adding the appropriate testing medium to the test section with a high-pressure pump. If water is used, it will be sourced and discharged according to applicable permits and authorizations. At the completion of the hydrostatic test, the pressure is relieved and the water is removed from the test section. If necessary, methanol or other drying agents may be injected, after discharging the water, to dry the pipe. Excess methanol will be collected from the facility and disposed of in accordance with applicable regulations. Test Water Sources Millennium plans to purchase commercially-available water for hydrostatic testing for the Project. If Hydrostatic test water is drawn from local sources (waterbodies), it will be done in a manner that complies with FERC Procedures Section VII.C and applicable permit conditions.



Test Water Discharge Hydrostatic test water will be discharged in a manner consistent with FERC Procedures Section VII.D and applicable permit requirements. Figure 28 depicts a hydrostatic test dewatering pit. Water will be discharged by using any of the following methods:

Into a well-vegetated upland area;

Into a transport trailer tank;

Into a body of water (consistent with applicable permits);

Into a tank(s) or holding pond if public water supplies are used; or

Through sediment filter devices or a sediment trap.

III.J RESIDENTIAL AREA CONSTRUCTION

In addition to the measures for Upland Construction, if the CWA crosses Residential Areas, Millennium will prevent the mixing of topsoil with subsoil as required by the FERC Plan or in the alternative import topsoil for the disturbed areas as part of the restoration. Millennium will remove excess rock from at least the top 12 inches of soil, unless the landowner approves otherwise.

Millennium will test topsoil and subsoil for compaction at regular intervals in Residential Areas disturbed by construction activities. Millennium will compare the results of such tests to tests on the same soil type under similar moisture conditions in undisturbed areas to identify approximate preconstruction conditions. Millennium will use U.S. Army Corps of Engineers-style cone penetrometers or other appropriate devices to conduct tests. Millennium will perform appropriate soil compaction mitigation in severely compacted Residential Areas.

In addition, for all residences located within 50 feet of the CWA, Millennium will comply with the requirements of FERC Plan Section III.H.

III.K AGRICULTURAL AREA CONSTRUCTION

Millennium will coordinate with NYSDAM and has incorporated certain provisions of the NYSDAM Plan into this ECS either expressly or by agreeing to implement the provisions of the FERC Plan.

Farm owners/operators can use the local landowner information number, (845) 466-9514, before and during construction and the information hotline, (877) 213-1944, after construction to contact Millennium about any concerns.

Millennium will include the NYSDAM Plan with the documents provided to bidders for the Project and will include in the contract issued to the successful bidder a requirement that the contractor comply with the Agricultural Areas provisions of this ECS and will include the Agricultural Areas provisions of this ECS in the environmental training done with the winning contractor prior to the start of construction.

III.K.1 Topsoil Protection

Millennium will prevent the mixing of topsoil with subsoil by stripping topsoil from the Construction Work Area. Millennium will segregate at least 12 inches of topsoil in deep soils (more than 12 inches



of topsoil) and make reasonable efforts to segregate the entire topsoil layer in soils with less than 12 inches of topsoil.

Excess rock will be removed from at least the top 12 inches of soil to the extent reasonably practicable. Millennium will comply with FERC Plan Section V.A.3 regarding use of rock for backfilling the trench.

III.K.2 Drainage Tile and Irrigation Facilities

Millennium will comply with FERC Plan Section IV.C with regard to work in areas where there are existing or planned drain tiles and irrigation systems. Drain tile removed, cut, broken, or otherwise damaged during construction will be repaired or replaced as illustrated in Figure 18.

III.K.3 Alternate Grazing Plans

The open trench will be fenced and temporary livestock and farm equipment crossings (or trench plugs) will be provided where needed by the landowner.

Millennium will work with the landowner during the planning phase to develop a plan to delay the pasturing of the ROW, following construction, until pasture areas are adequately revegetated. Millennium will be responsible for maintaining the temporary fences on the ROW until Millennium determines that the vegetation on the ROW is established and able to accommodate grazing. At such time, Millennium will be responsible for the removal of the fences.

III.K.4 Soil Compaction

Millennium will comply with Section 3.7 of the NYSDAM Plan for subsoil decompaction in agricultural land. In agricultural lands, subsoil compaction results will be no greater than 250 psi for a depth of 18 inches, as measured with a soil penetrometer, unless bedrock is encountered.

Millennium will comply with FERC Plan Section V.C regarding Soil Compaction in residential areas.

III.K.5 NYSDAM Plan Incorporation

The following sections of the NYSDAM Plan are incorporated by reference into this ECS:

Section 3.4 Blasting Requirements

Section 3.5 Supplemental Backfill Materials

Section 3.7 Subsoil Ripping, Stone Removal, Topsoil Cover and Subsoil Shattering

III.L NOISE AND DUST CONTROL

Construction equipment will be properly muffled and maintained. Reasonable efforts will be made to control dust at sensitive areas such as Residential Areas and road crossings. Water trucks may be used to dampen the CWA if fugitive dust becomes a material problem.



IV. WATERBODY CROSSINGS

IV.A GENERAL

The main objective of any waterbody crossing is to complete the work in a manner that minimizes erosion and subsequent sedimentation into the waterbody. The following general procedures will apply to crossings of waterbodies:

Millennium will follow the procedures set forth in FERC Procedures, Section V.

The EI will conduct pre-construction walkovers of the CWA to identify the waterbody crossing boundaries.

If the pipeline parallels a waterbody, Millennium will attempt to maintain at least 15 feet of undisturbed vegetation between the waterbody and the ROW except at the crossing location.

The crossing will be constructed as close as reasonably possible to a right angle with the waterbody channel.

Adequate downstream flow rates will be maintained at all times to protect aquatic life and prevent the interruption of existing downstream uses.

Standards relating to spill prevention at waterbodies are contained in Millennium’s Spill Prevention and Response Procedures (included as Attachment D to this ECS).

Where a waterbody is adjacent to the CWA, sediment barriers will be installed along the edge of the CWA as necessary to contain spoil and sediment within the CWA.

Millennium will monitor the status of the crossing and will have adequate staff and equipment available to address adverse environmental effects.

Spill response materials will be available at the crossing site and Millennium will follow the procedures in its Spill Prevention and Response Procedures (refer to Attachment D).

Under normal conditions, all in-stream construction will be accomplished within the time frames established in Millennium’s plans. Whenever a time limit is imposed on a crossing procedure, that time limit is only applicable to trenching (except blasting), lowering in, and backfilling. Clearing, grading and equipment crossing installation and removal activities are not subject to the time limits.

IV.B EQUIPMENT CROSSINGS

Only clearing equipment and equipment necessary for installation of equipment bridges may cross waterbodies prior to bridge installation. Millennium will limit the number of such crossings of each waterbody to one per piece of equipment. Equipment bridges will be constructed to allow unrestricted flow and to prevent soil from entering the waterbody (see Figures 23 and 24). Construction equipment bridges consisting of culvert(s) with clean rock fill of non-erodible material or equipment pads as illustrated in Figures 23 and 24 may be installed at waterbodies. For proper culvert installation, the EI may permit grading/excavating equipment to enter the waterbody. Equipment bridges are not required at minor waterbodies that do not have a state-designed fishery classification (for example, agricultural or intermittent drainage ditches). However, if an equipment bridge is used it must comply with the provisions of this ECS. Culverts will be aligned to minimize to the extent reasonable bank erosion and streambed scour.



Temporary equipment bridges will be removed as soon as reasonably practicable after final restoration of all areas accessed using that bridge. If there will be more than one (1) month between final cleanup and the beginning of final restoration and reasonable alternative access to the ROW is available, the temporary equipment bridge will be removed as soon as reasonably practicable after final cleanup of the area accessed using that bridge.

IV.C CLEARING

Clearing will be done in the manner described in Section III.C above.

IV.D GRADING

Grading equipment will not enter the waterbody to grade the banks. Waterbody banks will be graded only where, and as much as, necessary to permit safe and efficient operation of construction equipment. During grading operations, sediment filter devices will be installed promptly across the CWA and as close to the water as reasonably practicable. Removable sediment filter devices will be installed across the travel lane. These removable sediment filter devices, if removed during the day, will be re-installed by the end of the work day or when heavy precipitation is imminent. All disturbed areas within 50 feet of the water’s edge will be promptly mulched. The mulch will be maintained until the waterbody crossing restoration is complete. Spoil from CWA grading will be piled at least 10 feet from the waterbody’s bank and promptly protected with sediment filter/erosion control devices to minimize the potential for erosion into the waterbody.

IV.E BLASTING

IV.E.1 Notifications

Millennium will comply with the notifications required under applicable blasting permits.

IV.E.2 Procedures

During the pre-planning of waterbody crossings, an evaluation (typically test pits dug with a backhoe) will be made concerning the need for blasting. If the evaluation is inconclusive, the waterbody bed will be tested for consolidated rock prior to trenching. If the waterbody bottom is consolidated rock, it can be drilled and shot at any time prior to commencing the crossing. However, removal of shot rock, and any additional drilling, shooting, and material removal, will be completed within the minimum number of consecutive calendar days as reasonably practicable. Any applicable time frame for completing the crossing will immediately commence once a trench of appropriate dimensions is established.

IV.F CROSSING TECHNIQUES

Millennium typically utilizes either the dry-ditch (i.e., flume or dam and pump), or dry waterbody techniques to install pipelines across waterbodies. Figures 20, 21, and 22 illustrate these methods. Upland construction techniques may be used for waterbody crossings without perceptible flow at the



time of the crossing, provided that a culvert is promptly installed to carry stormwater flow across the trench area and the erosion and sediment control devices illustrated in Figure 22 are installed.

The “dry waterbody” crossing method shall only be used in streams that have no discernable flow at the time of the waterbody crossing, provided that a contingency plan is developed that prescribes measures to be taken in case of a storm event during trenching. Measures shall include, but are not limited to: monitoring weather conditions closely during work within the stream channel; moving equipment and materials outside of the stream channel if a storm event is predicted; installing a temporary waterbody crossing method prior to the predicted storm event; and temporarily stabilizing the stream channel.

In accordance with the FERC Procedures and where the pipeline will not be installed using HDD, the duration of construction across perennial waterbodies will be limited to 48 hours (24 hours to cross the waterbody and 24 hours for restoration) across minor waterbodies (10 feet wide or less) and intermediate waterbodies (between 10 and 100 feet wide). Banks will be restored to as near to or better than pre-construction conditions within 24 hours of completion of each open-cut crossing. Any deviations in timing that would result in extended crossing durations will be identified in advance by Millennium and notification made to FERC with site-specific justification. No major waterbodies are crossed by the Project.

IV.G TRENCHING

Notifications to applicable jurisdictional agencies will be made at least 2 days prior to any trenching in waterbodies, or as specified in applicable permits.

Prior to trenching within the waterbody, the upland trench will be dewatered in the manner described in III.F.2 above.

Sediment filter devices for trench spoil will be installed prior to commencing trenching activities. Sediment filter devices can be temporarily removed from the trench line to allow trenching activities to proceed.

All spoil from minor and intermediate waterbody crossings, and upland spoil from major waterbody crossings, must be placed in the CWA or ATWS at least 10 feet from the water’s edge.

For all new construction activities, the minimum depth of cover for all waterbody crossings is 48 inches in normal soils and 24 inches in consolidated rock.

Trench plugs will be used at all non-flumed waterbody crossings to prevent diversion of water into upland portions of the pipeline trench and to keep any accumulated trench water out of the waterbody. Trench plugs should be of sufficient size to withstand upslope water pressure.

For dry ditch method crossings, sand bag or sand bag and plastic sheeting diversion structure or equivalent will be used to develop an effective seal and to divert stream flow through the flume pipe (some modifications to the waterbody bottom may be required to achieve an effective seal). In addition, the flume pipe will not be removed during trenching, pipe laying, or backfilling activities, or initial streambed restoration efforts.



IV.H BACKFILLING

Waterbody bottoms will be returned as near as reasonably practicable to their original contours. Spoil from the trench will be used as backfill. Clean gravel or native cobbles will be used for the final one-foot of fill in the backfilled trench in all coldwater fisheries. The sediment filter devices removed at the stream will be promptly reinstalled after backfilling.

IV.I RESTORATION

IV.I.1 General

The preferred restoration method is to achieve final grade and restore the waterbody, its banks, and 50-foot buffers within 24 hours of backfilling. In the absence of site-specific seeding recommendations, the specifications listed in Table 2a will be used. If conditions do not permit the preferred method, the CWA not in use for access will be promptly rough graded and stabilized in accordance with Table 2a. Waterbody banks will be stabilized and temporary sediment barriers/sediment filter devices will be installed within 24 hours of completing the crossing. For dry-ditch crossings, streambed and bank stabilization will be completed before returning flow to the waterbody channel. Millennium will not use liquid mulch binders within 100 feet of waterbodies. All waterbody banks will be returned to approximate preconstruction contours or to a stable angle of repose as approved by the EI. Where applicable, native woody vegetation such as willow stakes will be used to restore and stabilize stream banks that are temporarily impacted by construction. Any stabilization measures used on stream banks will consist of biodegradable materials (see Figure 31). Temporarily disturbed riparian areas will be revegetated with conservation grasses and legumes or native plant species. Erosion control fabric, Figure 19, such as jute netting or bonded fiber blankets will be installed as needed, on the waterbody banks at the time of final bank recontouring. Synthetic monofilament mesh/netted erosion control blank may not be used in areas designated as sensitive wildlife habitat unless the product is specifically designed to minimize harm to wildlife. The erosion control fabric will be anchored with staples or other appropriate devices. Once permanent revegetation is successful, temporary sediment and erosion control devices will be removed from the CWA and properly disposed. Any excess spoil material not taken off site to an approved location will be disposed in an upland area and adequately stabilized to prevent return flow or sedimentation to wetlands or other waterbodies.

IV.I.2 Non-Vegetative Bank Stabilization

If non-vegetative bank stabilization measures are required immediately at a waterbody crossing, the first preference will be to use native rocks or boulders from the CWA. The objective is to stabilize the waterbody banks while matching pre-construction and off-CWA conditions to the extent reasonably practicable. Where necessary, Millennium will install native woody vegetation to restore



and stabilize stream banks that are temporarily impacted by construction. Any stabilization measures used on stream banks will consist of biodegradable materials. V. WETLAND CROSSINGS

V.A GENERAL

The main objective of any wetland crossing is to construct the pipeline and restore the original contour of the wetland.

V.A.1 Pre-Construction Surveys and Wetland Flagging

The EI will mark wetland boundaries in the field prior to the initiation of clearing and construction. Boundary markings will consist of signs and/or visible flagging. The EI will maintain these field markings during construction. The CWA will be limited to 75 feet in wetlands, unless topography or soil limitations require additional area, which must be approved by the Commission and any other regulatory agency with jurisdiction over the affected wetland.

V.B CONSTRUCTION TECHNIQUES

Temporary wetland impacts may include soil disturbance, temporary alteration of hydrology and loss of vegetation during construction. Mulch will not be used as a temporary erosion control measure in wetlands. Standards relating to spill prevention at wetlands are contained in Millennium’s Spill Prevention and Response Procedures (included as Attachment D to this ECS). Spill response materials will be available at wetland crossings, and Millennium will comply with the provisions of its Spill Prevention and Response Procedures (included as Attachment D to this ECS).

V.C CLEARING

Tree and brush clearing in wetlands will be performed so that vegetation will be cut off at ground level, leaving the existing root systems in place where practicable. Tree stumps will be removed in areas to receive fill. All cut vegetation will be removed from the wetland for disposal.

V.D GRADING

Grading in wetlands will consist of the minimum necessary for safe and efficient equipment operation.

Pulling of tree stumps and grading activities will be limited to the areas directly over the trench line.1

No grading or removal of stumps or root systems from the rest of the CWA in wetlands will occur unless the CI and EI determine that safety-related construction constraints require removal of tree stumps from other areas within the CWA.

1 Stumps may be removed during clearing, depending on the type of clearing equipment used.



No tree stumps, rock, soil imported from outside the wetland, or brush will be used to stabilize the CWA or as equipment pads in wetlands.

Where wetlands are adjacent to the CWA and the CWA slopes toward the wetland, sediment barriers will be installed along the edge of the CWA as necessary to prevent sediment flow into the wetland. Sediment barriers will be removed after successful CWA restoration. Sediment filter devices will be installed promptly across the CWA during grading at the wetland edge and maintained until CWA revegetation is complete. Temporary interceptor diversions will be installed adjacent to wetlands. Typical locations for these devices are illustrated in Figure 25.

V.E BLASTING

During the pre-planning of crossing wetlands with standing water or saturated soils, an evaluation will be made concerning the need for blasting. If the evaluation is inconclusive, the wetland will be tested for consolidated rock prior to trenching. If the wetland has consolidated rock, it will be drilled and shot as part of the single construction entity.

V.F CROSSING TECHNIQUES

For wetland crossings without standing water or saturated soils, upland construction techniques may be used provided that up to 12 inches of topsoil is taken from the trench and stockpiled separately from the remaining excavated material. The CWA may be used for access when the wetland soil is firm enough to avoid rutting or if the CWA has been appropriately stabilized to avoid rutting (e.g., with timber matting, prefabricated equipment mats, or terra mats). In wetlands that cannot be appropriately stabilized, all construction equipment other than that needed to install the wetland crossing will use access roads located in upland areas unless access roads in upland areas do not provide reasonable access, in which case other construction equipment will be limited to one pass through the wetland using the CWA. Crossings in wetlands with non-saturated soil will be constructed in a manner that will reasonably minimize the amount of time construction activities are occurring in the wetland, such as the length of time the topsoil is segregated and the trench is open. Crossings in wetlands with standing water or saturated soils will be constructed as separate construction entities, such that trenching, pipe installation, backfilling, and restoration are completed in the minimum number of consecutive calendar days as reasonably necessary. Clearing, grading and equipment crossing installations are not included as part of the separate construction entity. The “push-pull” or “float” technique of pipe installation will be utilized whenever water and other site conditions permit. The pipeline will be assembled in an upland area unless the wetland is dry enough to adequately support skids and pipe. If standing water or saturated soils are present or if construction equipment causes ruts or mixing of the topsoil and subsoil, Millennium will use low-ground-weight construction equipment, or operate normal equipment on timber matting, prefabricated equipment mats or terra mats. Millennium will remove all equipment mats, and timber matting during restoration of the wetland. Staging areas will be located at least 50 feet from the wetland edge except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land. Construction equipment operating in wetland areas will be limited to that needed to clear the CWA, dig the trench, fabricate and install the pipeline, backfill the trench, and restore the CWA.



A typical wetland crossing is illustrated in Figure 25.

V.G TRENCHING

Prior to trenching within the wetland, the upland trench may be dewatered in the manner described in III.F.2 above.

Sediment filter devices for trench spoil will be installed prior to commencing trenching activities if determined necessary by the EI, to prevent the flow of spoil off the CWA. Sediment filter devices can be temporarily removed from the trench line to allow trenching activities to proceed

V.H BACKFILLING

Spoil from the trench will be used as backfill. The surface will be re-contoured as closely as reasonably practicable to the original contour so that changes in drainage patterns will be minimized. The conserved topsoil layer will be returned to the surface after backfilling.

Where the pipeline trench may drain a wetland, trench line barriers will be constructed and/or the trench bottom will be sealed as necessary to maintain the original wetland hydrology. For each wetland crossed, a permanent interceptor diversion and trench line barriers will be installed at the base of slopes near the boundary between the wetland and adjacent upland areas.

V.I RESTORATION

For each wetland crossed, a trench breaker may be installed at the base of slopes near the boundary between the wetland and adjacent upland areas. A permanent slope breaker/interceptor diversion will be installed across the CWA at the base of a slope greater than 5 percent where the base of the slope is less than 50 feet from the wetland, or as needed to prevent sediment transport into the wetland. In addition, sediment barriers/sediment filter devices will be installed as shown in Figure 25. In some areas, with the approval of the EI, an earthen berm may be suitable as a sediment barrier adjacent to the wetland. Upon completion of construction of the pipeline in wetland areas with saturated soils, the wetlands will be seeded with the seed mix and rate specified in Table 2a or Table 2c unless Millennium agrees with the local soil conservation authority to use another mixture. A native wetland seed mix will be applied to all PFO wetlands disturbed by the Project. Typical wetland restoration notes are included in Figure 32. Fertilizer or lime will not be used in wetlands.

Asphaltic emulsions will not be used to stabilize mulch within 100 feet of wetlands.

Liquid mulch binders will not be used within 100 feet of wetlands.

When permanent revegetation is successful and restoration work is complete, all remaining sediment filter devices including silt fence fabric materials including fragments of fabric material, other construction debris, and remaining hay bales will be removed from the CWA and properly disposed.



VI. MAINTENANCE

VI.A GENERAL

Maintenance of Millennium’s rights-of-way is an ongoing process, which is governed by Millennium policy, certificate conditions, permit conditions and landowner agreements. Use of herbicides will follow Millennium policy. Maintenance activities will be performed with emphasis on preservation and enhancement of the environment. All applicable certificate and permit conditions will be incorporated into the future maintenance plan for the facility. Full width vegetation maintenance clearing will not occur more frequently than once every 3 years. However, to facilitate periodic corrosion and leak surveys, a corridor not exceeding 10 feet in width centered on the pipeline may be maintained annually in an herbaceous state. In no case will full width vegetation maintenance clearing occur between April 15 and August 1 of any year (see Figure 33).

VI.B UPLAND AREAS

Plant growth on the ROW will be inspected regularly and maintained for the life of the facility. Follow-up inspections will occur after the first and second growing season. Revegetation in non-agricultural areas will be considered successful if upon visual survey the density and cover of non-nuisance vegetation is similar to adjacent undisturbed land. In agricultural areas, revegetation will be considered successful if upon visual survey, crop growth and vigor are similar to adjacent undisturbed portions of the same field, unless a landowner agreement provides otherwise. If revegetation is not successful, the area will be restored as soon as reasonably practicable. Revegetation efforts will be continued until revegetation is successful. Problems with drainage resulting from construction activities in active Agricultural Areas will be reported in accordance with Millennium policy. Corrective measures will be performed as needed. Erosion problems on the ROW and permanent access roads will be reported in accordance with Millennium policy. Corrective measures will be performed as needed provided the problem resulted from construction or operation of the facility. Erosion control devices that are no longer required may be removed in accordance with Millennium policy. Similarly, additional erosion control devices may be installed. All temporary sediment barriers will be maintained in place until permanent revegetation measures are successful or the upland areas adjacent to wetlands, waterbodies, or roads are stabilized. Temporary sediment barriers will be removed from an area once that area is successfully restored. In cooperation with landowners, efforts to control unauthorized ORV use will continue throughout the life of the project. Signs and gates will be maintained consistent with Millennium policy.

VI.C WATERBODIES, WETLANDS, AND ENVIRONMENTALLY SENSITIVE AREAS

During the operation of the pipeline system, Millennium will work cooperatively with governing regulatory agencies in an effort to reasonably minimize the impacts of facility maintenance in waterbodies, wetlands, and other environmentally sensitive areas. The following procedures will be applied to ROW maintenance activities:

Vegetation maintenance adjacent to waterbodies will be limited to allow the growth of a vegetated riparian strip 25 feet wide, as measured from the waterbody’s mean high water mark. Figure 34 illustrates typical ROW maintenance standards near waterbodies.



Attempts will be made to prevent the invasion or spread of undesirable exotic vegetation (i.e., purple loosestrife and phragmites) within wetland areas disturbed during construction. Typically, these efforts will be limited to the use of Millennium’s standard wetland construction techniques.

Herbicides will not be used within wetlands or waterbodies unless otherwise approved by applicable regulatory agencies.

In wetlands, a corridor up to 10 feet wide centered on the pipeline will be maintained in an herbaceous state. In addition, trees that are located within 15 feet of the pipeline and greater than 15 feet tall may be selectively cut. All felled trees will be removed from the wetland, but stumps may be left in place.

Millennium will monitor the success of wetland revegetation annually until wetland revegetation is successful as defined by FERC Procedures Section VI.D.5. If revegetation is not successful after 3 years, Millennium will develop and implement a plan consistent with the requirements of FERC Procedures Section VI.D.6 and will continue revegetation efforts until wetland revegetation is successful.



VII GLOSSARY AND DEFINITION OF TERMS Agricultural Areas: Collectively any of the following: croplands, haylands or pasturelands.

ATWS Additional temporary work space

CI:

The Chief Inspector, who reports directly to the Construction Manager and is the individual responsible for managing all inspection activities during construction. The CI supervises a team of inspectors including clearing, grading, welding, backfilling, restoration, and environmental.

CWA:

The construction work area includes, but is not limited to, permanent and temporary construction ROW, extra work spaces, contractor’s wareyards and access roads. The CWA is depicted on the site drawings.

ECS:

These Environmental Construction Standards

EI:

The Inspector responsible for environmental compliance. Roles and responsibilities are as defined by the FERC Plan.

Environmental Requirements:

Collectively, any applicable environmental rules and regulations, including the Project-specific requirements contained in the approvals issued by the Commission, and other applicable environmental permits and the environmental commitments in landowner easement agreements.

FERC or Commission:

Federal Energy Regulatory Commission

FERC Plan:

FERC (2013) Upland Erosion Control, Revegetation, and Maintenance Plan

FERC Procedures:

FERC (2013) Wetland and Waterbody Construction and Mitigation Procedures

Millennium:

Millennium Pipeline Company, L.L.C.

NRCS:

(U.S. Department of Agriculture) Natural Resource Conservation Service

NYSDAM:

New York State Department of Agriculture and Markets

NYSDAM Plan:

NYSDAM’s pipeline construction guidance document titled “Pipeline Right-of-Way Construction Projects Agricultural Mitigation, through the Stages of Planning, Construction/Restoration and Follow-up Monitoring”

ORV:

Off-road vehicle.

Project: Valley Lateral Project

Residential Areas: Upland areas used primary for residential purposes (e.g. a lawn)

ROW:

Right-of-way.

Sensitive Resource Areas: Collectively, means cultural resource sites, wetlands, waterbodies and sensitive species habitats.



TABLE 2A Temporary Seeding and Mulching

Mix Type Components Rates Dates

A Temporary cover for upland and wetland areas

Annual or Perennial Ryegrass Fertilizer (5-10-10) Pulverized Agricultural lime

1lb / 1000 sq. ft. Not required Not required

Spring, summer, or early fall

B Temporary cover for upland and wetland areas

‘Aroostook’ winter rye (cereal rye) Fertilizer (5-10-10) Pulverized agricultural lime

1 lb / 1000 sq. ft. Not required Not required

Late fall or winter

Mulch (straw only in wetlands)

Hay/straw 2 tons per acre

TABLE 2B Permanent Seeding and Mulching - Uplands

Seed Mixture Variety Rate in lbs/acre

Rate in lbs/1000 square feet

Mix #1- Shaded Areas

Creeping red fescue

Enslyva, Pennlawn, Boreal

10 0.25

Perennial ryegrass

Pennfine, Linn 10 0.25

Mix #2- Live, pure seed ideal for upland edge of wetlands

Switchgrass Shelter, Pathfinder, Trailblazer or Blackwell

20 0.5

Mix #3- Sand and Gravel areas

Switchgrass Shelter, Pathfinder, Trailblazer or Blackwell

4 0.1

Big bluestem Niagara 4 0.1

Little bluestem Aldous or Camper 2 0.05

Indiangrass Rumsey 4 0.1

Coastal panicgrass

Atlantic 2 0.05

Sideoats grama El Reno or Trailway

2 0.05

Wildflower mix

0.5 0.01



TABLE 2B Permanent Seeding and Mulching - Uplands

Seed Mixture Variety Rate in lbs/acre

Rate in lbs/1000 square feet

Mix #6*-General Purpose Erosion Control Mix

Creeping red fescue

Enslyva, Pennlawn, Boreal

20 0.45

Tall fescue KY 31, Rebel 20 0.45

Perennial ryegrass

Pennfine, Linn 5 0.1

Birdsfoot trefoil

Empire, Pardee 10 0.45

*Mix 4 and 5 are used for tidal areas, sand dune stabilization and salt meadow cordgrass areas, and are not applicable to the Project.

Source: New York Standards and Specifications for Erosion and Sediment Control (Bluebook)

TABLE 2C

Permanent Seeding – Forested Wetlands, Article 24 Wetlands and Adjacent Area

Seed Mix* Source Rate in lbs/acre Rate in lbs/ square feet

New England Wetmix

Native Grasses, Native Shrubs, Northeast Native Plants, and Soil Erosion Control Solutions at: New England Wetland Plants, Inc.

18 lbs/acre 1 lb/2,500 sq. ft

ERNMX-120

Seed Mix | Ernst Conservation Seeds

20 lbs/acre 0.5 lbs/1,000 sq. ft.ERNMX-122 20 lbs/acre 0.5 lbs/1,000 sq. ft.ERNMX-128 20 lbs/acre 0.5 lbs/1,000 sq. ft.ERNMX-131 20 lbs/acre 0.5 lbs/1,000 sq. ft.ERNMX-137 20 lbs/acre Not availableERNMX-232 20 lbs/acre Not available

*Or similar approved mix available at the time of restoration.


Millennium Pipeline Company, L.L.C. A-i Valley Lateral Project

ATTACHMENT A

FERC PLAN

MAY 2013 VERSION

Office of Energy Projects

May 2013

UPLAND EROSION CONTROL, REVEGETATION, AND MAINTENANCE PLAN

Washington, DC 20426

Fe

dera

l Ene

rgy

Reg

ulat

ory

Comm

issi

on

i MAY 2013 VERSION

UPLAND EROSION CONTROL, REVEGETATION, AND MAINTENANCE PLAN

TABLE OF CONTENTS

I. APPLICABILITY ..................................................................................................................... 1 II. SUPERVISION AND INSPECTION ..................................................................................... 2

A. ENVIRONMENTAL INSPECTION ............................................................. 2 B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS .................. 2

III. PRECONSTRUCTION PLANNING .................................................................................... 4 A. CONSTRUCTION WORK AREAS .............................................................. 4 B. DRAIN TILE AND IRRIGATION SYSTEMS ............................................. 4 C. GRAZING DEFERMENT .............................................................................. 5 D. ROAD CROSSINGS AND ACCESS POINTS ............................................. 5 E. DISPOSAL PLANNING ................................................................................ 5 F. AGENCY COORDINATION ........................................................................ 5 G. SPILL PREVENTION AND RESPONSE PROCEDURES ......................... 6 H. RESIDENTIAL CONSTRUCTION ............................................................... 6 I. WINTER CONSTRUCTION PLANS ........................................................... 6

IV. INSTALLATION ................................................................................................................... 7 A. APPROVED AREAS OF DISTURBANCE .................................................. 7 B. TOPSOIL SEGREGATION ........................................................................... 8 C. DRAIN TILES ................................................................................................. 9 D. IRRIGATION .................................................................................................. 9 E. ROAD CROSSINGS AND ACCESS POINTS ............................................. 9 F. TEMPORARY EROSION CONTROL ......................................................... 9

1. Temporary Slope Breakers .............................................................................. 9 2. Temporary Trench Plugs ............................................................................... 10 3. Sediment Barriers .......................................................................................... 10 4. Mulch ............................................................................................................. 11

V. RESTORATION ................................................................................................................... 12 A. CLEANUP ..................................................................................................... 12 B. PERMANENT EROSION CONTROL DEVICES ..................................... 13

1. Trench Breakers ............................................................................................. 13 2. Permanent Slope Breakers ............................................................................ 14

C. SOIL COMPACTION MITIGATION ......................................................... 14 D. REVEGETATION ........................................................................................ 15

1. General ........................................................................................................... 15 2. Soil Additives ................................................................................................ 15 3. Seeding Requirements ................................................................................... 15

VI. OFF-ROAD VEHICLE CONTROL ................................................................................... 16 VII. POST-CONSTRUCTION ACTIVITIES AND REPORTING ......................................... 17

A. MONITORING AND MAINTENANCE .................................................... 17 B. REPORTING ................................................................................................. 18

MAY 2013 VERSION 1

UPLAND EROSION CONTROL, REVEGETATION,

AND MAINTENANCE PLAN (PLAN) I. APPLICABILITY A. The intent of this Plan is to assist project sponsors by identifying baseline mitigation

measures for minimizing erosion and enhancing revegetation. Project sponsors shall specify in their applications for a new FERC authorization and in prior notice and advance notice filings, any individual measures in this Plan they consider unnecessary, technically infeasible, or unsuitable due to local conditions and fully describe any alternative measures they would use. Project sponsors shall also explain how those alternative measures would achieve a comparable level of mitigation.

Once a project is authorized, project sponsors can request further changes as

variances to the measures in this Plan (or the applicant’s approved plan). The Director of the Office of Energy Projects (Director) will consider approval of variances upon the project sponsor’s written request, if the Director agrees that a variance:

1. provides equal or better environmental protection; 2. is necessary because a portion of this Plan is infeasible or unworkable based

on project-specific conditions; or 3. is specifically required in writing by another federal, state, or Native

American land management agency for the portion of the project on its land or under its jurisdiction.

Sponsors of projects planned for construction under the automatic authorization

provisions in the FERC’s regulations must receive written approval for any variances in advance of construction.

Project-related impacts on wetland and waterbody systems are addressed in the staff’s Wetland and Waterbody Construction and Mitigation Procedures (Procedures).

MAY 2013 VERSION 2

II. SUPERVISION AND INSPECTION A. ENVIRONMENTAL INSPECTION 1. At least one Environmental Inspector is required for each construction spread

during construction and restoration (as defined by section V). The number and experience of Environmental Inspectors assigned to each construction spread shall be appropriate for the length of the construction spread and the number/significance of resources affected.

2. Environmental Inspectors shall have peer status with all other activity

inspectors. 3. Environmental Inspectors shall have the authority to stop activities that

violate the environmental conditions of the FERC’s Orders, stipulations of other environmental permits or approvals, or landowner easement agreements; and to order appropriate corrective action.

B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS At a minimum, the Environmental Inspector(s) shall be responsible for: 1. Inspecting construction activities for compliance with the requirements of this

Plan, the Procedures, the environmental conditions of the FERC’s Orders, the mitigation measures proposed by the project sponsor (as approved and/or modified by the Order), other environmental permits and approvals, and environmental requirements in landowner easement agreements.

2. Identifying, documenting, and overseeing corrective actions, as necessary to

bring an activity back into compliance; 3. Verifying that the limits of authorized construction work areas and locations

of access roads are visibly marked before clearing, and maintained throughout construction;

4. Verifying the location of signs and highly visible flagging marking the

boundaries of sensitive resource areas, waterbodies, wetlands, or areas with special requirements along the construction work area;

5. Identifying erosion/sediment control and soil stabilization needs in all areas; 6. Ensuring that the design of slope breakers will not cause erosion or direct

water into sensitive environmental resource areas, including cultural resource sites, wetlands, waterbodies, and sensitive species habitats;

MAY 2013 VERSION 3

7. Verifying that dewatering activities are properly monitored and do not result in the deposition of sand, silt, and/or sediment into sensitive environmental resource areas, including wetlands, waterbodies, cultural resource sites, and sensitive species habitats; stopping dewatering activities if such deposition is occurring and ensuring the design of the discharge is changed to prevent reoccurrence; and verifying that dewatering structures are removed after completion of dewatering activities;

8. Ensuring that subsoil and topsoil are tested in agricultural and residential

areas to measure compaction and determine the need for corrective action; 9. Advising the Chief Construction Inspector when environmental conditions

(such as wet weather or frozen soils) make it advisable to restrict or delay construction activities to avoid topsoil mixing or excessive compaction;

10. Ensuring restoration of contours and topsoil; 11. Verifying that the soils imported for agricultural or residential use are

certified as free of noxious weeds and soil pests, unless otherwise approved by the landowner;

12. Ensuring that erosion control devices are properly installed to prevent

sediment flow into sensitive environmental resource areas (e.g., wetlands, waterbodies, cultural resource sites, and sensitive species habitats) and onto roads, and determining the need for additional erosion control devices;

13. Inspecting and ensuring the maintenance of temporary erosion control

measures at least: a. on a daily basis in areas of active construction or equipment

operation; b. on a weekly basis in areas with no construction or equipment

operation; and c. within 24 hours of each 0.5 inch of rainfall; 14. Ensuring the repair of all ineffective temporary erosion control measures

within 24 hours of identification, or as soon as conditions allow if compliance with this time frame would result in greater environmental impacts;

15. Keeping records of compliance with the environmental conditions of the

FERC’s Orders, and the mitigation measures proposed by the project sponsor in the application submitted to the FERC, and other federal or state environmental permits during active construction and restoration;

MAY 2013 VERSION 4

16. Identifying areas that should be given special attention to ensure stabilization

and restoration after the construction phase; and

17. Verifying that locations for any disposal of excess construction materials for beneficial reuse comply with section III.E.

III. PRECONSTRUCTION PLANNING The project sponsor shall do the following before construction: A. CONSTRUCTION WORK AREAS 1. Identify all construction work areas (e.g., construction right-of-way, extra

work space areas, pipe storage and contractor yards, borrow and disposal areas, access roads) that would be needed for safe construction. The project sponsor must ensure that appropriate cultural resources and biological surveys are conducted, as determined necessary by the appropriate federal and state agencies.

2. Project sponsors are encouraged to consider expanding any required cultural

resources and endangered species surveys in anticipation of the need for activities outside of authorized work areas.

3. Plan construction sequencing to limit the amount and duration of open trench

sections, as necessary, to prevent excessive erosion or sediment flow into sensitive environmental resource areas.

B. DRAIN TILE AND IRRIGATION SYSTEMS

1. Attempt to locate existing drain tiles and irrigation systems.

2. Contact landowners and local soil conservation authorities to determine the locations of future drain tiles that are likely to be installed within 3 years of the authorized construction.

3. Develop procedures for constructing through drain-tiled areas, maintaining

irrigation systems during construction, and repairing drain tiles and irrigation systems after construction.

4. Engage qualified drain tile specialists, as needed to conduct or monitor

repairs to drain tile systems affected by construction. Use drain tile specialists from the project area, if available.

MAY 2013 VERSION 5

C. GRAZING DEFERMENT Develop grazing deferment plans with willing landowners, grazing permittees, and

land management agencies to minimize grazing disturbance of revegetation efforts. D. ROAD CROSSINGS AND ACCESS POINTS Plan for safe and accessible conditions at all roadway crossings and access points

during construction and restoration. E. DISPOSAL PLANNING Determine methods and locations for the regular collection, containment, and

disposal of excess construction materials and debris (e.g., timber, slash, mats, garbage, drill cuttings and fluids, excess rock) throughout the construction process. Disposal of materials for beneficial reuse must not result in adverse environmental impact and is subject to compliance with all applicable survey, landowner or land management agency approval, and permit requirements.

F. AGENCY COORDINATION

The project sponsor must coordinate with the appropriate local, state, and federal agencies as outlined in this Plan and/or required by the FERC’s Orders.

1. Obtain written recommendations from the local soil conservation authorities

or land management agencies regarding permanent erosion control and revegetation specifications.

2. Develop specific procedures in coordination with the appropriate agencies to prevent the introduction or spread of invasive species, noxious weeds, and soil pests resulting from construction and restoration activities.

3. Develop specific procedures in coordination with the appropriate agencies

and landowners, as necessary, to allow for livestock and wildlife movement and protection during construction.

4. Develop specific blasting procedures in coordination with the appropriate

agencies that address pre- and post-blast inspections; advanced public notification; and mitigation measures for building foundations, groundwater wells, and springs. Use appropriate methods (e.g., blasting mats) to prevent damage to nearby structures and to prevent debris from entering sensitive environmental resource areas.

MAY 2013 VERSION 6

G. SPILL PREVENTION AND RESPONSE PROCEDURES The project sponsor shall develop project-specific Spill Prevention and Response

Procedures, as specified in section IV of the staff's Procedures. A copy must be filed with the Secretary of the FERC (Secretary) prior to construction and made available in the field on each construction spread. The filing requirement does not apply to projects constructed under the automatic authorization provisions in the FERC’s regulations.

H. RESIDENTIAL CONSTRUCTION

For all properties with residences located within 50 feet of construction work areas, project sponsors shall: avoid removal of mature trees and landscaping within the construction work area unless necessary for safe operation of construction equipment, or as specified in landowner agreements; fence the edge of the construction work area for a distance of 100 feet on either side of the residence; and restore all lawn areas and landscaping immediately following clean up operations, or as specified in landowner agreements. If seasonal or other weather conditions prevent compliance with these time frames, maintain and monitor temporary erosion controls (sediment barriers and mulch) until conditions allow completion of restoration.

I. WINTER CONSTRUCTION PLANS

If construction is planned to occur during winter weather conditions, project sponsors shall develop and file a project-specific winter construction plan with the FERC application. This filing requirement does not apply to projects constructed under the automatic authorization provisions of the FERC’s regulations.

The plan shall address:

1. winter construction procedures (e.g., snow handling and removal, access road construction and maintenance, soil handling under saturated or frozen conditions, topsoil stripping);

2. stabilization and monitoring procedures if ground conditions will delay

restoration until the following spring (e.g., mulching and erosion controls, inspection and reporting, stormwater control during spring thaw conditions); and

3. final restoration procedures (e.g., subsidence and compaction repair, topsoil

replacement, seeding).

MAY 2013 VERSION 7

IV. INSTALLATION A. APPROVED AREAS OF DISTURBANCE

1. Project-related ground disturbance shall be limited to the construction right-

of-way, extra work space areas, pipe storage yards, borrow and disposal areas, access roads, and other areas approved in the FERC’s Orders. Any project-related ground disturbing activities outside these areas will require prior Director approval. This requirement does not apply to activities needed to comply with the Plan and Procedures (i.e., slope breakers, energy-dissipating devices, dewatering structures, drain tile system repairs) or minor field realignments and workspace shifts per landowner needs and requirements that do not affect other landowners or sensitive environmental resource areas. All construction or restoration activities outside of authorized areas are subject to all applicable survey and permit requirements, and landowner easement agreements.

2. The construction right-of-way width for a project shall not exceed 75 feet or

that described in the FERC application unless otherwise modified by a FERC Order. However, in limited, non-wetland areas, this construction right-of-way width may be expanded by up to 25 feet without Director approval to accommodate full construction right-of-way topsoil segregation and to ensure safe construction where topographic conditions (e.g., side-slopes) or soil limitations require it. Twenty-five feet of extra construction right-of-way width may also be used in limited, non-wetland or non-forested areas for truck turn-arounds where no reasonable alternative access exists.

Project use of these additional limited areas is subject to landowner or land

management agency approval and compliance with all applicable survey and permit requirements. When additional areas are used, each one shall be identified and the need explained in the weekly or biweekly construction reports to the FERC, if required. The following material shall be included in the reports:

a. the location of each additional area by station number and reference to

previously filed alignment sheets, or updated alignment sheets showing the additional areas;

b. identification of the filing at FERC containing evidence that the

additional areas were previously surveyed; and

MAY 2013 VERSION 8

c. a statement that landowner approval has been obtained and is available in project files.

Prior written approval of the Director is required when the authorized

construction right-of-way width would be expanded by more than 25 feet.

B. TOPSOIL SEGREGATION 1. Unless the landowner or land management agency specifically approves

otherwise, prevent the mixing of topsoil with subsoil by stripping topsoil from either the full work area or from the trench and subsoil storage area (ditch plus spoil side method) in:

a. cultivated or rotated croplands, and managed pastures; b. residential areas; c. hayfields; and d. other areas at the landowner’s or land managing agency’s request. 2. In residential areas, importation of topsoil is an acceptable alternative to

topsoil segregation. 3. Where topsoil segregation is required, the project sponsor must: a. segregate at least 12 inches of topsoil in deep soils (more than 12

inches of topsoil); and b. make every effort to segregate the entire topsoil layer in soils with less

than 12 inches of topsoil. 4. Maintain separation of salvaged topsoil and subsoil throughout all

construction activities. 5. Segregated topsoil may not be used for padding the pipe, constructing

temporary slope breakers or trench plugs, improving or maintaining roads, or as a fill material.

6. Stabilize topsoil piles and minimize loss due to wind and water erosion with

use of sediment barriers, mulch, temporary seeding, tackifiers, or functional equivalents, where necessary.

MAY 2013 VERSION 9

C. DRAIN TILES 1. Mark locations of drain tiles damaged during construction. 2. Probe all drainage tile systems within the area of disturbance to check for

damage. 3. Repair damaged drain tiles to their original or better condition. Do not use

filter-covered drain tiles unless the local soil conservation authorities and the landowner agree. Use qualified specialists for testing and repairs.

4. For new pipelines in areas where drain tiles exist or are planned, ensure that

the depth of cover over the pipeline is sufficient to avoid interference with drain tile systems. For adjacent pipeline loops in agricultural areas, install the new pipeline with at least the same depth of cover as the existing pipeline(s).

D. IRRIGATION Maintain water flow in crop irrigation systems, unless shutoff is coordinated with

affected parties. E. ROAD CROSSINGS AND ACCESS POINTS 1. Maintain safe and accessible conditions at all road crossings and access

points during construction. 2. If crushed stone access pads are used in residential or agricultural areas, place

the stone on synthetic fabric to facilitate removal. 3. Minimize the use of tracked equipment on public roadways. Remove any soil

or gravel spilled or tracked onto roadways daily or more frequent as necessary to maintain safe road conditions. Repair any damages to roadway surfaces, shoulders, and bar ditches.

F. TEMPORARY EROSION CONTROL Install temporary erosion controls immediately after initial disturbance of the soil.

Temporary erosion controls must be properly maintained throughout construction (on a daily basis) and reinstalled as necessary (such as after backfilling of the trench) until replaced by permanent erosion controls or restoration is complete.

1. Temporary Slope Breakers a. Temporary slope breakers are intended to reduce runoff velocity and

divert water off the construction right-of-way. Temporary slope

MAY 2013 VERSION 10

breakers may be constructed of materials such as soil, silt fence, staked hay or straw bales, or sand bags.

b. Install temporary slope breakers on all disturbed areas, as necessary to

avoid excessive erosion. Temporary slope breakers must be installed on slopes greater than 5 percent where the base of the slope is less than 50 feet from waterbody, wetland, and road crossings at the following spacing (closer spacing shall be used if necessary):

Slope (%) Spacing (feet) 5 - 15 300 >15 - 30 200 >30 100 c. Direct the outfall of each temporary slope breaker to a stable, well

vegetated area or construct an energy-dissipating device at the end of the slope breaker and off the construction right-of-way.

d. Position the outfall of each temporary slope breaker to prevent

sediment discharge into wetlands, waterbodies, or other sensitive environmental resource areas.

2. Temporary Trench Plugs

Temporary trench plugs are intended to segment a continuous open trench prior to backfill.

a. Temporary trench plugs may consist of unexcavated portions of the

trench, compacted subsoil, sandbags, or some functional equivalent. b. Position temporary trench plugs, as necessary, to reduce trenchline

erosion and minimize the volume and velocity of trench water flow at the base of slopes.

3. Sediment Barriers

Sediment barriers are intended to stop the flow of sediments and to prevent the deposition of sediments beyond approved workspaces or into sensitive resources.

a. Sediment barriers may be constructed of materials such as silt fence,

staked hay or straw bales, compacted earth (e.g., driveable berms across travelways), sand bags, or other appropriate materials.

MAY 2013 VERSION 11

b. At a minimum, install and maintain temporary sediment barriers across the entire construction right-of-way at the base of slopes greater than 5 percent where the base of the slope is less than 50 feet from a waterbody, wetland, or road crossing until revegetation is successful as defined in this Plan. Leave adequate room between the base of the slope and the sediment barrier to accommodate ponding of water and sediment deposition.

c. Where wetlands or waterbodies are adjacent to and downslope of

construction work areas, install sediment barriers along the edge of these areas, as necessary to prevent sediment flow into the wetland or waterbody.

4. Mulch a. Apply mulch on all slopes (except in cultivated cropland) concurrent

with or immediately after seeding, where necessary to stabilize the soil surface and to reduce wind and water erosion. Spread mulch uniformly over the area to cover at least 75 percent of the ground surface at a rate of 2 tons/acre of straw or its equivalent, unless the local soil conservation authority, landowner, or land managing agency approves otherwise in writing.

b. Mulch can consist of weed-free straw or hay, wood fiber hydromulch,

erosion control fabric, or some functional equivalent. c. Mulch all disturbed upland areas (except cultivated cropland) before

seeding if: (1) final grading and installation of permanent erosion control

measures will not be completed in an area within 20 days after the trench in that area is backfilled (10 days in residential areas), as required in section V.A.1; or

(2) construction or restoration activity is interrupted for extended

periods, such as when seeding cannot be completed due to seeding period restrictions.

d. If mulching before seeding, increase mulch application on all slopes

within 100 feet of waterbodies and wetlands to a rate of 3 tons/acre of straw or equivalent.

e. If wood chips are used as mulch, do not use more than 1 ton/acre and

add the equivalent of 11 lbs/acre available nitrogen (at least 50 percent of which is slow release).

MAY 2013 VERSION 12

f. Ensure that mulch is adequately anchored to minimize loss due to

wind and water. g. When anchoring with liquid mulch binders, use rates recommended by

the manufacturer. Do not use liquid mulch binders within 100 feet of wetlands or waterbodies, except where the product is certified environmentally non-toxic by the appropriate state or federal agency or independent standards-setting organization.

h. Do not use synthetic monofilament mesh/netted erosion control

materials in areas designated as sensitive wildlife habitat, unless the product is specifically designed to minimize harm to wildlife. Anchor erosion control fabric with staples or other appropriate devices.

V. RESTORATION A. CLEANUP 1. Commence cleanup operations immediately following backfill operations.

Complete final grading, topsoil replacement, and installation of permanent erosion control structures within 20 days after backfilling the trench (10 days in residential areas). If seasonal or other weather conditions prevent compliance with these time frames, maintain temporary erosion controls (i.e., temporary slope breakers, sediment barriers, and mulch) until conditions allow completion of cleanup.

If construction or restoration unexpectedly continues into the winter season

when conditions could delay successful decompaction, topsoil replacement, or seeding until the following spring, file with the Secretary for the review and written approval of the Director, a winter construction plan (as specified in section III.I). This filing requirement does not apply to projects constructed under the automatic authorization provisions of the FERC’s regulations.

2. A travel lane may be left open temporarily to allow access by construction

traffic if the temporary erosion control structures are installed as specified in section IV.F. and inspected and maintained as specified in sections II.B.12 through 14. When access is no longer required the travel lane must be removed and the right-of-way restored.

3. Rock excavated from the trench may be used to backfill the trench only to the

top of the existing bedrock profile. Rock that is not returned to the trench shall be considered construction debris, unless approved for use as mulch or for some other use on the construction work areas by the landowner or land managing agency.

MAY 2013 VERSION 13

4. Remove excess rock from at least the top 12 inches of soil in all cultivated or

rotated cropland, managed pastures, hayfields, and residential areas, as well as other areas at the landowner’s request. The size, density, and distribution of rock on the construction work area shall be similar to adjacent areas not disturbed by construction. The landowner or land management agency may approve other provisions in writing.

5. Grade the construction right-of-way to restore pre-construction contours and

leave the soil in the proper condition for planting. 6. Remove construction debris from all construction work areas unless the

landowner or land managing agency approves leaving materials onsite for beneficial reuse, stabilization, or habitat restoration.

7. Remove temporary sediment barriers when replaced by permanent erosion

control measures or when revegetation is successful. B. PERMANENT EROSION CONTROL DEVICES 1. Trench Breakers a. Trench breakers are intended to slow the flow of subsurface water

along the trench. Trench breakers may be constructed of materials such as sand bags or polyurethane foam. Do not use topsoil in trench breakers.

b. An engineer or similarly qualified professional shall determine the

need for and spacing of trench breakers. Otherwise, trench breakers shall be installed at the same spacing as and upslope of permanent slope breakers.

c. In agricultural fields and residential areas where slope breakers are not

typically required, install trench breakers at the same spacing as if permanent slope breakers were required.

d. At a minimum, install a trench breaker at the base of slopes greater

than 5 percent where the base of the slope is less than 50 feet from a waterbody or wetland and where needed to avoid draining a waterbody or wetland. Install trench breakers at wetland boundaries, as specified in the Procedures. Do not install trench breakers within a wetland.

MAY 2013 VERSION 14

2. Permanent Slope Breakers a. Permanent slope breakers are intended to reduce runoff velocity,

divert water off the construction right-of-way, and prevent sediment deposition into sensitive resources. Permanent slope breakers may be constructed of materials such as soil, stone, or some functional equivalent.

b. Construct and maintain permanent slope breakers in all areas, except

cultivated areas and lawns, unless requested by the landowner, using spacing recommendations obtained from the local soil conservation authority or land managing agency.

In the absence of written recommendations, use the following spacing

unless closer spacing is necessary to avoid excessive erosion on the construction right-of-way:

Slope (%) Spacing (feet) 5 - 15 300 >15 - 30 200 >30 100 c. Construct slope breakers to divert surface flow to a stable area without

causing water to pool or erode behind the breaker. In the absence of a stable area, construct appropriate energy-dissipating devices at the end of the breaker.

d. Slope breakers may extend slightly (about 4 feet) beyond the edge of

the construction right-of-way to effectively drain water off the disturbed area. Where slope breakers extend beyond the edge of the construction right-of-way, they are subject to compliance with all applicable survey requirements.

C. SOIL COMPACTION MITIGATION 1. Test topsoil and subsoil for compaction at regular intervals in agricultural and

residential areas disturbed by construction activities. Conduct tests on the same soil type under similar moisture conditions in undisturbed areas to approximate preconstruction conditions. Use penetrometers or other appropriate devices to conduct tests.

2. Plow severely compacted agricultural areas with a paraplow or other deep

tillage implement. In areas where topsoil has been segregated, plow the subsoil before replacing the segregated topsoil.

MAY 2013 VERSION 15

If subsequent construction and cleanup activities result in further compaction, conduct additional tilling.

3. Perform appropriate soil compaction mitigation in severely compacted

residential areas. D. REVEGETATION 1. General a. The project sponsor is responsible for ensuring successful revegetation

of soils disturbed by project-related activities, except as noted in section V.D.1.b.

b. Restore all turf, ornamental shrubs, and specialized landscaping in

accordance with the landowner’s request, or compensate the landowner. Restoration work must be performed by personnel familiar with local horticultural and turf establishment practices.

2. Soil Additives Fertilize and add soil pH modifiers in accordance with written

recommendations obtained from the local soil conservation authority, land management agencies, or landowner. Incorporate recommended soil pH modifier and fertilizer into the top 2 inches of soil as soon as practicable after application.

3. Seeding Requirements a. Prepare a seedbed in disturbed areas to a depth of 3 to 4 inches using

appropriate equipment to provide a firm seedbed. When hydroseeding, scarify the seedbed to facilitate lodging and germination of seed.

b. Seed disturbed areas in accordance with written recommendations for

seed mixes, rates, and dates obtained from the local soil conservation authority or the request of the landowner or land management agency. Seeding is not required in cultivated croplands unless requested by the landowner.

c. Perform seeding of permanent vegetation within the recommended

seeding dates. If seeding cannot be done within those dates, use appropriate temporary erosion control measures discussed in section IV.F and perform seeding of permanent vegetation at the beginning of the next recommended seeding season. Dormant seeding or temporary

MAY 2013 VERSION 16

seeding of annual species may also be used, if necessary, to establish cover, as approved by the Environmental Inspector. Lawns may be seeded on a schedule established with the landowner.

d. In the absence of written recommendations from the local soil

conservation authorities, seed all disturbed soils within 6 working days of final grading, weather and soil conditions permitting, subject to the specifications in section V.D.3.a through V.D.3.c.

e. Base seeding rates on Pure Live Seed. Use seed within 12 months of

seed testing. f. Treat legume seed with an inoculant specific to the species using the

manufacturer’s recommended rate of inoculant appropriate for the seeding method (broadcast, drill, or hydro).

g. In the absence of written recommendations from the local soil

conservation authorities, landowner, or land managing agency to the contrary, a seed drill equipped with a cultipacker is preferred for seed application.

Broadcast or hydroseeding can be used in lieu of drilling at double the

recommended seeding rates. Where seed is broadcast, firm the seedbed with a cultipacker or roller after seeding. In rocky soils or where site conditions may limit the effectiveness of this equipment, other alternatives may be appropriate (e.g., use of a chain drag) to lightly cover seed after application, as approved by the Environmental Inspector.

VI. OFF-ROAD VEHICLE CONTROL To each owner or manager of forested lands, offer to install and maintain measures to

control unauthorized vehicle access to the right-of-way. These measures may include: A. signs; B. fences with locking gates; C. slash and timber barriers, pipe barriers, or a line of boulders across the right-of-way;

and D. conifers or other appropriate trees or shrubs across the right-of-way.

MAY 2013 VERSION 17

VII. POST-CONSTRUCTION ACTIVITIES AND REPORTING A. MONITORING AND MAINTENANCE 1. Conduct follow-up inspections of all disturbed areas, as necessary, to

determine the success of revegetation and address landowner concerns. At a minimum, conduct inspections after the first and second growing seasons.

2. Revegetation in non-agricultural areas shall be considered successful if upon

visual survey the density and cover of non-nuisance vegetation are similar in density and cover to adjacent undisturbed lands. In agricultural areas, revegetation shall be considered successful when upon visual survey, crop growth and vigor are similar to adjacent undisturbed portions of the same field, unless the easement agreement specifies otherwise.

Continue revegetation efforts until revegetation is successful.

3. Monitor and correct problems with drainage and irrigation systems resulting

from pipeline construction in agricultural areas until restoration is successful. 4. Restoration shall be considered successful if the right-of-way surface

condition is similar to adjacent undisturbed lands, construction debris is removed (unless otherwise approved by the landowner or land managing agency per section V.A.6), revegetation is successful, and proper drainage has been restored.

5. Routine vegetation mowing or clearing over the full width of the permanent

right-of-way in uplands shall not be done more frequently than every 3 years. However, to facilitate periodic corrosion/leak surveys, a corridor not exceeding 10 feet in width centered on the pipeline may be cleared at a frequency necessary to maintain the 10-foot corridor in an herbaceous state. In no case shall routine vegetation mowing or clearing occur during the migratory bird nesting season between April 15 and August 1 of any year unless specifically approved in writing by the responsible land management agency or the U.S. Fish and Wildlife Service.

6. Efforts to control unauthorized off-road vehicle use, in cooperation with the

landowner, shall continue throughout the life of the project. Maintain signs, gates, and permanent access roads as necessary.

MAY 2013 VERSION 18

B. REPORTING 1. The project sponsor shall maintain records that identify by milepost: a. method of application, application rate, and type of fertilizer, pH

modifying agent, seed, and mulch used; b. acreage treated; c. dates of backfilling and seeding; d. names of landowners requesting special seeding treatment and a

description of the follow-up actions; e. the location of any subsurface drainage repairs or improvements made

during restoration; and f. any problem areas and how they were addressed.

2. The project sponsor shall file with the Secretary quarterly activity reports documenting the results of follow-up inspections required by section VII.A.1; any problem areas, including those identified by the landowner; and corrective actions taken for at least 2 years following construction.

The requirement to file quarterly activity reports with the Secretary does not apply to projects constructed under the automatic authorization, prior notice, or advanced notice provisions in the FERC’s regulations.


Millennium Pipeline Company, L.L.C. B-i Valley Lateral Project

ATTACHMENT B

FERC PROCEDURES

MAY 2013 VERSION

WETLAND AND WATERBODY CONSTRUCTION AND MITIGATION

PROCEDURES

Washington, DC 20426

Office of Energy Projects

May 2013

Fe

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Reg

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ory

Comm

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on

i MAY 2013 VERSION

WETLAND AND WATERBODY CONSTRUCTION AND MITIGATION PROCEDURES

TABLE OF CONTENTS

I. APPLICABILITY ................................................................................................................ 1

II. PRECONSTRUCTION FILING ......................................................................................... 2

III. ENVIRONMENTAL INSPECTORS ................................................................................. 3

IV. PRECONSTRUCTION PLANNING ................................................................................. 3

V. WATERBODY CROSSINGS ............................................................................................ 5 A. NOTIFICATION PROCEDURES AND PERMITS ........................................... 5 B. INSTALLATION .................................................................................................. 5

1. Time Window for Construction ............................................................................ 5 2. Extra Work Areas .................................................................................................. 5 3. General Crossing Procedures ................................................................................ 6 4. Spoil Pile Placement and Control ......................................................................... 7 5. Equipment Bridges ................................................................................................ 7 6. Dry-Ditch Crossing Methods ................................................................................ 8 7. Crossings of Minor Waterbodies .......................................................................... 9 8. Crossings of Intermediate Waterbodies .............................................................. 10 9. Crossings of Major Waterbodies ........................................................................ 10 10. Temporary Erosion and Sediment Control ......................................................... 10 11. Trench Dewatering .............................................................................................. 11

C. RESTORATION ................................................................................................. 11 D. POST-CONSTRUCTION MAINTENANCE.................................................... 12

VI. WETLAND CROSSINGS ................................................................................................ 13 A. GENERAL .......................................................................................................... 13 B. INSTALLATION ................................................................................................ 14

1. Extra Work Areas and Access Roads ................................................................. 14 2. Crossing Procedures ............................................................................................ 15 3. Temporary Sediment Control .............................................................................. 16 4. Trench Dewatering .............................................................................................. 17

C. RESTORATION ................................................................................................. 17 D. POST-CONSTRUCTION MAINTENANCE AND REPORTING .................. 18

VII. HYDROSTATIC TESTING ............................................................................................. 19 A. NOTIFICATION PROCEDURES AND PERMITS ......................................... 19 B. GENERAL .......................................................................................................... 19 C. INTAKE SOURCE AND RATE........................................................................ 19 D. DISCHARGE LOCATION, METHOD, AND RATE ...................................... 20

MAY 2013 VERSION 1

WETLAND AND WATERBODY

CONSTRUCTION AND MITIGATION PROCEDURES (PROCEDURES) I. APPLICABILITY A. The intent of these Procedures is to assist project sponsors by identifying baseline

mitigation measures for minimizing the extent and duration of project-related disturbance on wetlands and waterbodies. Project sponsors shall specify in their applications for a new FERC authorization, and in prior notice and advance notice filings, any individual measures in these Procedures they consider unnecessary, technically infeasible, or unsuitable due to local conditions and fully describe any alternative measures they would use. Project sponsors shall also explain how those alternative measures would achieve a comparable level of mitigation.

Once a project is authorized, project sponsors can request further changes as

variances to the measures in these Procedures (or the applicant’s approved procedures). The Director of the Office of Energy Projects (Director) will consider approval of variances upon the project sponsor’s written request, if the Director agrees that a variance:

1. provides equal or better environmental protection; 2. is necessary because a portion of these Procedures is infeasible or unworkable

based on project-specific conditions; or 3. is specifically required in writing by another federal, state, or Native

American land management agency for the portion of the project on its land or under its jurisdiction.

Sponsors of projects planned for construction under the automatic authorization provisions in the FERC’s regulations must receive written approval for any variances in advance of construction.

Project-related impacts on non-wetland areas are addressed in the staff’s Upland Erosion Control, Revegetation, and Maintenance Plan (Plan).

MAY 2013 VERSION 2

B. DEFINITIONS 1. “Waterbody” includes any natural or artificial stream, river, or drainage with

perceptible flow at the time of crossing, and other permanent waterbodies such as ponds and lakes:

a. “minor waterbody” includes all waterbodies less than or equal to 10

feet wide at the water’s edge at the time of crossing; b. “intermediate waterbody” includes all waterbodies greater than 10 feet

wide but less than or equal to 100 feet wide at the water’s edge at the time of crossing; and

c. “major waterbody” includes all waterbodies greater than 100 feet wide

at the water’s edge at the time of crossing. 2. “Wetland” includes any area that is not in actively cultivated or rotated

cropland and that satisfies the requirements of the current federal methodology for identifying and delineating wetlands.

II. PRECONSTRUCTION FILING A. The following information must be filed with the Secretary of the FERC (Secretary)

prior to the beginning of construction, for the review and written approval by the Director:

1. site-specific justifications for extra work areas that would be closer than 50

feet from a waterbody or wetland; and

2. site-specific justifications for the use of a construction right-of-way greater than 75-feet-wide in wetlands.

B. The following information must be filed with the Secretary prior to the beginning of

construction. These filing requirements do not apply to projects constructed under the automatic authorization provisions in the FERC’s regulations:

1. Spill Prevention and Response Procedures specified in section IV.A; 2. a schedule identifying when trenching or blasting will occur within each

waterbody greater than 10 feet wide, within any designated coldwater fishery, and within any waterbody identified as habitat for federally-listed threatened or endangered species. The project sponsor will revise the schedule as necessary to provide FERC staff at least 14 days advance notice. Changes within this last 14-day period must provide for at least 48 hours advance notice;

MAY 2013 VERSION 3

3. plans for horizontal directional drills (HDD) under wetlands or waterbodies, specified in section V.B.6.d;

4. site-specific plans for major waterbody crossings, described in section V.B.9;

5. a wetland delineation report as described in section VI.A.1, if applicable; and 6. the hydrostatic testing information specified in section VII.B.3.

III. ENVIRONMENTAL INSPECTORS A. At least one Environmental Inspector having knowledge of the wetland and

waterbody conditions in the project area is required for each construction spread. The number and experience of Environmental Inspectors assigned to each construction spread shall be appropriate for the length of the construction spread and the number/significance of resources affected.

B. The Environmental Inspector’s responsibilities are outlined in the Upland Erosion

Control, Revegetation, and Maintenance Plan (Plan). IV. PRECONSTRUCTION PLANNING A. The project sponsor shall develop project-specific Spill Prevention and Response

Procedures that meet applicable requirements of state and federal agencies. A copy must be filed with the Secretary prior to construction and made available in the field on each construction spread. This filing requirement does not apply to projects constructed under the automatic authorization provisions in the FERC’s regulations.

1. It shall be the responsibility of the project sponsor and its contractors to

structure their operations in a manner that reduces the risk of spills or the accidental exposure of fuels or hazardous materials to waterbodies or wetlands. The project sponsor and its contractors must, at a minimum, ensure that:

a. all employees handling fuels and other hazardous materials are

properly trained; b. all equipment is in good operating order and inspected on a regular

basis; c. fuel trucks transporting fuel to on-site equipment travel only on

approved access roads; d. all equipment is parked overnight and/or fueled at least 100 feet from

a waterbody or in an upland area at least 100 feet from a wetland boundary. These activities can occur closer only if the Environmental Inspector determines that there is no reasonable alternative, and the

MAY 2013 VERSION 4

project sponsor and its contractors have taken appropriate steps (including secondary containment structures) to prevent spills and provide for prompt cleanup in the event of a spill;

e. hazardous materials, including chemicals, fuels, and lubricating oils,

are not stored within 100 feet of a wetland, waterbody, or designated municipal watershed area, unless the location is designated for such use by an appropriate governmental authority. This applies to storage of these materials and does not apply to normal operation or use of equipment in these areas;

f. concrete coating activities are not performed within 100 feet of a

wetland or waterbody boundary, unless the location is an existing industrial site designated for such use. These activities can occur closer only if the Environmental Inspector determines that there is no reasonable alternative, and the project sponsor and its contractors have taken appropriate steps (including secondary containment structures) to prevent spills and provide for prompt cleanup in the event of a spill;

g. pumps operating within 100 feet of a waterbody or wetland boundary

utilize appropriate secondary containment systems to prevent spills; and

h. bulk storage of hazardous materials, including chemicals, fuels, and

lubricating oils have appropriate secondary containment systems to prevent spills.

2. The project sponsor and its contractors must structure their operations in a

manner that provides for the prompt and effective cleanup of spills of fuel and other hazardous materials. At a minimum, the project sponsor and its contractors must:

a. ensure that each construction crew (including cleanup crews) has on

hand sufficient supplies of absorbent and barrier materials to allow the rapid containment and recovery of spilled materials and knows the procedure for reporting spills and unanticipated discoveries of contamination;

b. ensure that each construction crew has on hand sufficient tools and

material to stop leaks; c. know the contact names and telephone numbers for all local, state,

and federal agencies (including, if necessary, the U. S. Coast Guard and the National Response Center) that must be notified of a spill; and

MAY 2013 VERSION 5

d. follow the requirements of those agencies in cleaning up the spill, in excavating and disposing of soils or other materials contaminated by a spill, and in collecting and disposing of waste generated during spill cleanup.

B. AGENCY COORDINATION

The project sponsor must coordinate with the appropriate local, state, and federal agencies as outlined in these Procedures and in the FERC’s Orders.

V. WATERBODY CROSSINGS A. NOTIFICATION PROCEDURES AND PERMITS 1. Apply to the U.S. Army Corps of Engineers (COE), or its delegated agency,

for the appropriate wetland and waterbody crossing permits. 2. Provide written notification to authorities responsible for potable surface

water supply intakes located within 3 miles downstream of the crossing at least 1 week before beginning work in the waterbody, or as otherwise specified by that authority.

3. Apply for state-issued waterbody crossing permits and obtain individual or

generic section 401 water quality certification or waiver. 4. Notify appropriate federal and state authorities at least 48 hours before

beginning trenching or blasting within the waterbody, or as specified in applicable permits.

B. INSTALLATION 1. Time Window for Construction Unless expressly permitted or further restricted by the appropriate federal or

state agency in writing on a site-specific basis, instream work, except that required to install or remove equipment bridges, must occur during the following time windows:

a. coldwater fisheries - June 1 through September 30; and b. coolwater and warmwater fisheries - June 1 through November 30.

2. Extra Work Areas a. Locate all extra work areas (such as staging areas and additional spoil

storage areas) at least 50 feet away from water’s edge, except where

MAY 2013 VERSION 6

the adjacent upland consists of cultivated or rotated cropland or other disturbed land.

b. The project sponsor shall file with the Secretary for review and

written approval by the Director, site-specific justification for each extra work area with a less than 50-foot setback from the water’s edge, except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land. The justification must specify the conditions that will not permit a 50-foot setback and measures to ensure the waterbody is adequately protected.

c. Limit the size of extra work areas to the minimum needed to construct

the waterbody crossing. 3. General Crossing Procedures a. Comply with the COE, or its delegated agency, permit terms and

conditions. b. Construct crossings as close to perpendicular to the axis of the

waterbody channel as engineering and routing conditions permit. c. Where pipelines parallel a waterbody, maintain at least 15 feet of

undisturbed vegetation between the waterbody (and any adjacent wetland) and the construction right-of-way, except where maintaining this offset will result in greater environmental impact.

d. Where waterbodies meander or have multiple channels, route the

pipeline to minimize the number of waterbody crossings. e. Maintain adequate waterbody flow rates to protect aquatic life, and

prevent the interruption of existing downstream uses. f. Waterbody buffers (e.g., extra work area setbacks, refueling

restrictions) must be clearly marked in the field with signs and/or highly visible flagging until construction-related ground disturbing activities are complete.

g. Crossing of waterbodies when they are dry or frozen and not flowing

may proceed using standard upland construction techniques in accordance with the Plan, provided that the Environmental Inspector verifies that water is unlikely to flow between initial disturbance and final stabilization of the feature. In the event of perceptible flow, the project sponsor must comply with all applicable Procedure requirements for “waterbodies” as defined in section I.B.1.

MAY 2013 VERSION 7

4. Spoil Pile Placement and Control a. All spoil from minor and intermediate waterbody crossings, and

upland spoil from major waterbody crossings, must be placed in the construction right-of-way at least 10 feet from the water’s edge or in additional extra work areas as described in section V.B.2.

b. Use sediment barriers to prevent the flow of spoil or silt-laden water

into any waterbody. 5. Equipment Bridges a. Only clearing equipment and equipment necessary for installation of

equipment bridges may cross waterbodies prior to bridge installation. Limit the number of such crossings of each waterbody to one per piece of clearing equipment.

b. Construct and maintain equipment bridges to allow unrestricted flow

and to prevent soil from entering the waterbody. Examples of such bridges include:

(1) equipment pads and culvert(s); (2) equipment pads or railroad car bridges without culverts; (3) clean rock fill and culvert(s); and (4) flexi-float or portable bridges. Additional options for equipment bridges may be utilized that achieve

the performance objectives noted above. Do not use soil to construct or stabilize equipment bridges.

c. Design and maintain each equipment bridge to withstand and pass the

highest flow expected to occur while the bridge is in place. Align culverts to prevent bank erosion or streambed scour. If necessary, install energy dissipating devices downstream of the culverts.

d. Design and maintain equipment bridges to prevent soil from entering

the waterbody. e. Remove temporary equipment bridges as soon as practicable after

permanent seeding. f. If there will be more than 1 month between final cleanup and the

beginning of permanent seeding and reasonable alternative access to the right-of-way is available, remove temporary equipment bridges as soon as practicable after final cleanup.

MAY 2013 VERSION 8

g. Obtain any necessary approval from the COE, or the appropriate state agency for permanent bridges.

6. Dry-Ditch Crossing Methods a. Unless approved otherwise by the appropriate federal or state agency,

install the pipeline using one of the dry-ditch methods outlined below for crossings of waterbodies up to 30 feet wide (at the water’s edge at the time of construction) that are state-designated as either coldwater or significant coolwater or warmwater fisheries, or federally-designated as critical habitat.

b. Dam and Pump

(1) The dam-and-pump method may be used without prior approval for crossings of waterbodies where pumps can adequately transfer streamflow volumes around the work area, and there are no concerns about sensitive species passage.

(2) Implementation of the dam-and-pump crossing method must

meet the following performance criteria: (i) use sufficient pumps, including on-site backup pumps,

to maintain downstream flows; (ii) construct dams with materials that prevent sediment

and other pollutants from entering the waterbody (e.g., sandbags or clean gravel with plastic liner);

(iii) screen pump intakes to minimize entrainment of fish; (iv) prevent streambed scour at pump discharge; and

(v) continuously monitor the dam and pumps to ensure proper operation throughout the waterbody crossing.

c. Flume Crossing

The flume crossing method requires implementation of the following steps:

(1) install flume pipe after blasting (if necessary), but before any

trenching; (2) use sand bag or sand bag and plastic sheeting diversion

structure or equivalent to develop an effective seal and to divert stream flow through the flume pipe (some modifications to the stream bottom may be required to achieve an effective seal);

MAY 2013 VERSION 9

(3) properly align flume pipe(s) to prevent bank erosion and streambed scour;

(4) do not remove flume pipe during trenching, pipelaying, or

backfilling activities, or initial streambed restoration efforts; and

(5) remove all flume pipes and dams that are not also part of the

equipment bridge as soon as final cleanup of the stream bed and bank is complete.

d. Horizontal Directional Drill For each waterbody or wetland that would be crossed using the HDD

method, file with the Secretary for the review and written approval by the Director, a plan that includes:

(1) site-specific construction diagrams that show the location of

mud pits, pipe assembly areas, and all areas to be disturbed or cleared for construction;

(2) justification that disturbed areas are limited to the minimum

needed to construct the crossing; (3) identification of any aboveground disturbance or clearing

between the HDD entry and exit workspaces during construction;

(4) a description of how an inadvertent release of drilling mud

would be contained and cleaned up; and (5) a contingency plan for crossing the waterbody or wetland in

the event the HDD is unsuccessful and how the abandoned drill hole would be sealed, if necessary.

The requirement to file HDD plans does not apply to projects constructed under the automatic authorization provisions in the FERC’s regulations.

7. Crossings of Minor Waterbodies

Where a dry-ditch crossing is not required, minor waterbodies may be crossed using the open-cut crossing method, with the following restrictions:

a. except for blasting and other rock breaking measures, complete

instream construction activities (including trenching, pipe installation, backfill, and restoration of the streambed contours) within 24 hours.

MAY 2013 VERSION 10

Streambanks and unconsolidated streambeds may require additional restoration after this period;

b. limit use of equipment operating in the waterbody to that needed to

construct the crossing; and c. equipment bridges are not required at minor waterbodies that do not

have a state-designated fishery classification or protected status (e.g., agricultural or intermittent drainage ditches). However, if an equipment bridge is used it must be constructed as described in section V.B.5.

8. Crossings of Intermediate Waterbodies

Where a dry-ditch crossing is not required, intermediate waterbodies may be crossed using the open-cut crossing method, with the following restrictions:

a. complete instream construction activities (not including blasting and

other rock breaking measures) within 48 hours, unless site-specific conditions make completion within 48 hours infeasible;

b. limit use of equipment operating in the waterbody to that needed to

construct the crossing; and c. all other construction equipment must cross on an equipment bridge

as specified in section V.B.5. 9. Crossings of Major Waterbodies

Before construction, the project sponsor shall file with the Secretary for the review and written approval by the Director a detailed, site-specific construction plan and scaled drawings identifying all areas to be disturbed by construction for each major waterbody crossing (the scaled drawings are not required for any offshore portions of pipeline projects). This plan must be developed in consultation with the appropriate state and federal agencies and shall include extra work areas, spoil storage areas, sediment control structures, etc., as well as mitigation for navigational issues. The requirement to file major waterbody crossing plans does not apply to projects constructed under the automatic authorization provisions of the FERC’s regulations.

The Environmental Inspector may adjust the final placement of the erosion

and sediment control structures in the field to maximize effectiveness.

10. Temporary Erosion and Sediment Control Install sediment barriers (as defined in section IV.F.3.a of the Plan)

immediately after initial disturbance of the waterbody or adjacent upland.

MAY 2013 VERSION 11

Sediment barriers must be properly maintained throughout construction and reinstalled as necessary (such as after backfilling of the trench) until replaced by permanent erosion controls or restoration of adjacent upland areas is complete. Temporary erosion and sediment control measures are addressed in more detail in the Plan; however, the following specific measures must be implemented at stream crossings:

a. install sediment barriers across the entire construction right-of-way at

all waterbody crossings, where necessary to prevent the flow of sediments into the waterbody. Removable sediment barriers (or driveable berms) must be installed across the travel lane. These removable sediment barriers can be removed during the construction day, but must be re-installed after construction has stopped for the day and/or when heavy precipitation is imminent;

b. where waterbodies are adjacent to the construction right-of-way and

the right-of-way slopes toward the waterbody, install sediment barriers along the edge of the construction right-of-way as necessary to contain spoil within the construction right-of-way and prevent sediment flow into the waterbody; and

c. use temporary trench plugs at all waterbody crossings, as necessary, to

prevent diversion of water into upland portions of the pipeline trench and to keep any accumulated trench water out of the waterbody.

11. Trench Dewatering Dewater the trench (either on or off the construction right-of-way) in a

manner that does not cause erosion and does not result in silt-laden water flowing into any waterbody. Remove the dewatering structures as soon as practicable after the completion of dewatering activities.

C. RESTORATION 1. Use clean gravel or native cobbles for the upper 1 foot of trench backfill in all

waterbodies that contain coldwater fisheries. 2. For open-cut crossings, stabilize waterbody banks and install temporary

sediment barriers within 24 hours of completing instream construction activities. For dry-ditch crossings, complete streambed and bank stabilization before returning flow to the waterbody channel.

3. Return all waterbody banks to preconstruction contours or to a stable angle of

repose as approved by the Environmental Inspector. 4. Install erosion control fabric or a functional equivalent on waterbody banks at

the time of final bank recontouring. Do not use synthetic monofilament

MAY 2013 VERSION 12

mesh/netted erosion control materials in areas designated as sensitive wildlife habitat unless the product is specifically designed to minimize harm to wildlife. Anchor erosion control fabric with staples or other appropriate devices.

5. Application of riprap for bank stabilization must comply with COE, or its

delegated agency, permit terms and conditions. 6. Unless otherwise specified by state permit, limit the use of riprap to areas

where flow conditions preclude effective vegetative stabilization techniques such as seeding and erosion control fabric.

7. Revegetate disturbed riparian areas with native species of conservation

grasses, legumes, and woody species, similar in density to adjacent undisturbed lands.

8. Install a permanent slope breaker across the construction right-of-way at the

base of slopes greater than 5 percent that are less than 50 feet from the waterbody, or as needed to prevent sediment transport into the waterbody. In addition, install sediment barriers as outlined in the Plan.

In some areas, with the approval of the Environmental Inspector, an earthen

berm may be suitable as a sediment barrier adjacent to the waterbody. 9. Sections V.C.3 through V.C.7 above also apply to those perennial or

intermittent streams not flowing at the time of construction. D. POST-CONSTRUCTION MAINTENANCE 1. Limit routine vegetation mowing or clearing adjacent to waterbodies to allow

a riparian strip at least 25 feet wide, as measured from the waterbody’s mean high water mark, to permanently revegetate with native plant species across the entire construction right-of-way. However, to facilitate periodic corrosion/leak surveys, a corridor centered on the pipeline and up to 10 feet wide may be cleared at a frequency necessary to maintain the 10-foot corridor in an herbaceous state. In addition, trees that are located within 15 feet of the pipeline that have roots that could compromise the integrity of the pipeline coating may be cut and removed from the permanent right-of-way. Do not conduct any routine vegetation mowing or clearing in riparian areas that are between HDD entry and exit points.

2. Do not use herbicides or pesticides in or within 100 feet of a waterbody

except as allowed by the appropriate land management or state agency. 3. Time of year restrictions specified in section VII.A.5 of the Plan (April 15 –

August 1 of any year) apply to routine mowing and clearing of riparian areas.

MAY 2013 VERSION 13

VI. WETLAND CROSSINGS A. GENERAL 1. The project sponsor shall conduct a wetland delineation using the current

federal methodology and file a wetland delineation report with the Secretary before construction. The requirement to file a wetland delineation report does not apply to projects constructed under the automatic authorization provisions in the FERC’s regulations.

This report shall identify: a. by milepost all wetlands that would be affected; b. the National Wetlands Inventory (NWI) classification for each

wetland; c. the crossing length of each wetland in feet; and

d. the area of permanent and temporary disturbance that would occur in each wetland by NWI classification type.

The requirements outlined in this section do not apply to wetlands in actively

cultivated or rotated cropland. Standard upland protective measures, including workspace and topsoiling requirements, apply to these agricultural wetlands.

2. Route the pipeline to avoid wetland areas to the maximum extent possible. If

a wetland cannot be avoided or crossed by following an existing right-of-way, route the new pipeline in a manner that minimizes disturbance to wetlands. Where looping an existing pipeline, overlap the existing pipeline right-of-way with the new construction right-of-way. In addition, locate the loop line no more than 25 feet away from the existing pipeline unless site-specific constraints would adversely affect the stability of the existing pipeline.

3. Limit the width of the construction right-of-way to 75 feet or less. Prior

written approval of the Director is required where topographic conditions or soil limitations require that the construction right-of-way width within the boundaries of a federally delineated wetland be expanded beyond 75 feet. Early in the planning process the project sponsor is encouraged to identify site-specific areas where excessively wide trenches could occur and/or where spoil piles could be difficult to maintain because existing soils lack adequate unconfined compressive strength.

4. Wetland boundaries and buffers must be clearly marked in the field with

signs and/or highly visible flagging until construction-related ground disturbing activities are complete.

MAY 2013 VERSION 14

5. Implement the measures of sections V and VI in the event a waterbody

crossing is located within or adjacent to a wetland crossing. If all measures of sections V and VI cannot be met, the project sponsor must file with the Secretary a site-specific crossing plan for review and written approval by the Director before construction. This crossing plan shall address at a minimum:

a. spoil control; b. equipment bridges; c. restoration of waterbody banks and wetland hydrology; d. timing of the waterbody crossing; e. method of crossing; and f. size and location of all extra work areas. 6. Do not locate aboveground facilities in any wetland, except where the

location of such facilities outside of wetlands would prohibit compliance with U.S. Department of Transportation regulations.

B. INSTALLATION 1. Extra Work Areas and Access Roads a. Locate all extra work areas (such as staging areas and additional spoil

storage areas) at least 50 feet away from wetland boundaries, except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land.

b. The project sponsor shall file with the Secretary for review and

written approval by the Director, site-specific justification for each extra work area with a less than 50-foot setback from wetland boundaries, except where adjacent upland consists of cultivated or rotated cropland or other disturbed land. The justification must specify the site-specific conditions that will not permit a 50-foot setback and measures to ensure the wetland is adequately protected.

c. The construction right-of-way may be used for access when the

wetland soil is firm enough to avoid rutting or the construction right-of-way has been appropriately stabilized to avoid rutting (e.g., with timber riprap, prefabricated equipment mats, or terra mats).

In wetlands that cannot be appropriately stabilized, all construction

equipment other than that needed to install the wetland crossing shall

MAY 2013 VERSION 15

use access roads located in upland areas. Where access roads in upland areas do not provide reasonable access, limit all other construction equipment to one pass through the wetland using the construction right-of-way.

d. The only access roads, other than the construction right-of-way, that

can be used in wetlands are those existing roads that can be used with no modifications or improvements, other than routine repair, and no impact on the wetland.

2. Crossing Procedures

a. Comply with COE, or its delegated agency, permit terms and conditions.

b. Assemble the pipeline in an upland area unless the wetland is dry

enough to adequately support skids and pipe. c. Use “push-pull” or “float” techniques to place the pipe in the trench

where water and other site conditions allow. d. Minimize the length of time that topsoil is segregated and the trench is

open. Do not trench the wetland until the pipeline is assembled and ready for lowering in.

e. Limit construction equipment operating in wetland areas to that

needed to clear the construction right-of-way, dig the trench, fabricate and install the pipeline, backfill the trench, and restore the construction right-of-way.

f. Cut vegetation just above ground level, leaving existing root systems

in place, and remove it from the wetland for disposal. The project sponsor can burn woody debris in wetlands, if approved

by the COE and in accordance with state and local regulations, ensuring that all remaining woody debris is removed for disposal.

g. Limit pulling of tree stumps and grading activities to directly over the

trenchline. Do not grade or remove stumps or root systems from the rest of the construction right-of-way in wetlands unless the Chief Inspector and Environmental Inspector determine that safety-related construction constraints require grading or the removal of tree stumps from under the working side of the construction right-of-way.

h. Segregate the top 1 foot of topsoil from the area disturbed by

trenching, except in areas where standing water is present or soils are

MAY 2013 VERSION 16

saturated. Immediately after backfilling is complete, restore the segregated topsoil to its original location.

i. Do not use rock, soil imported from outside the wetland, tree stumps,

or brush riprap to support equipment on the construction right-of-way. j. If standing water or saturated soils are present, or if construction

equipment causes ruts or mixing of the topsoil and subsoil in wetlands, use low-ground-weight construction equipment, or operate normal equipment on timber riprap, prefabricated equipment mats, or terra mats.

k. Remove all project-related material used to support equipment on the

construction right-of-way upon completion of construction. 3. Temporary Sediment Control Install sediment barriers (as defined in section IV.F.3.a of the Plan)

immediately after initial disturbance of the wetland or adjacent upland. Sediment barriers must be properly maintained throughout construction and reinstalled as necessary (such as after backfilling of the trench). Except as noted below in section VI.B.3.c, maintain sediment barriers until replaced by permanent erosion controls or restoration of adjacent upland areas is complete. Temporary erosion and sediment control measures are addressed in more detail in the Plan.

a. Install sediment barriers across the entire construction right-of-way

immediately upslope of the wetland boundary at all wetland crossings where necessary to prevent sediment flow into the wetland.

b. Where wetlands are adjacent to the construction right-of-way and the

right-of-way slopes toward the wetland, install sediment barriers along the edge of the construction right-of-way as necessary to contain spoil within the construction right-of-way and prevent sediment flow into the wetland.

c. Install sediment barriers along the edge of the construction right-of-

way as necessary to contain spoil and sediment within the construction right-of-way through wetlands. Remove these sediment barriers during right-of-way cleanup.

MAY 2013 VERSION 17

4. Trench Dewatering Dewater the trench (either on or off the construction right-of-way) in a

manner that does not cause erosion and does not result in silt-laden water flowing into any wetland. Remove the dewatering structures as soon as practicable after the completion of dewatering activities.

C. RESTORATION 1. Where the pipeline trench may drain a wetland, construct trench breakers at

the wetland boundaries and/or seal the trench bottom as necessary to maintain the original wetland hydrology.

2. Restore pre-construction wetland contours to maintain the original wetland

hydrology. 3. For each wetland crossed, install a trench breaker at the base of slopes near

the boundary between the wetland and adjacent upland areas. Install a permanent slope breaker across the construction right-of-way at the base of slopes greater than 5 percent where the base of the slope is less than 50 feet from the wetland, or as needed to prevent sediment transport into the wetland. In addition, install sediment barriers as outlined in the Plan. In some areas, with the approval of the Environmental Inspector, an earthen berm may be suitable as a sediment barrier adjacent to the wetland.

4. Do not use fertilizer, lime, or mulch unless required in writing by the

appropriate federal or state agency. 5. Consult with the appropriate federal or state agencies to develop a project-

specific wetland restoration plan. The restoration plan shall include measures for re-establishing herbaceous and/or woody species, controlling the invasion and spread of invasive species and noxious weeds (e.g., purple loosestrife and phragmites), and monitoring the success of the revegetation and weed control efforts. Provide this plan to the FERC staff upon request.

6. Until a project-specific wetland restoration plan is developed and/or

implemented, temporarily revegetate the construction right-of-way with annual ryegrass at a rate of 40 pounds/acre (unless standing water is present).

7. Ensure that all disturbed areas successfully revegetate with wetland

herbaceous and/or woody plant species. 8. Remove temporary sediment barriers located at the boundary between

wetland and adjacent upland areas after revegetation and stabilization of adjacent upland areas are judged to be successful as specified in section VII.A.4 of the Plan.

MAY 2013 VERSION 18

D. POST-CONSTRUCTION MAINTENANCE AND REPORTING 1. Do not conduct routine vegetation mowing or clearing over the full width of

the permanent right-of-way in wetlands. However, to facilitate periodic corrosion/leak surveys, a corridor centered on the pipeline and up to 10 feet wide may be cleared at a frequency necessary to maintain the 10-foot corridor in an herbaceous state. In addition, trees within 15 feet of the pipeline with roots that could compromise the integrity of pipeline coating may be selectively cut and removed from the permanent right-of-way. Do not conduct any routine vegetation mowing or clearing in wetlands that are between HDD entry and exit points.

2. Do not use herbicides or pesticides in or within 100 feet of a wetland, except

as allowed by the appropriate federal or state agency.

3. Time of year restrictions specified in section VII.A.5 of the Plan (April 15 – August 1 of any year) apply to routine mowing and clearing of wetland areas.

4. Monitor and record the success of wetland revegetation annually until

wetland revegetation is successful.

5. Wetland revegetation shall be considered successful if all of the following criteria are satisfied:

a. the affected wetland satisfies the current federal definition for a

wetland (i.e., soils, hydrology, and vegetation); b. vegetation is at least 80 percent of either the cover documented for the

wetland prior to construction, or at least 80 percent of the cover in adjacent wetland areas that were not disturbed by construction;

c. if natural rather than active revegetation was used, the plant species

composition is consistent with early successional wetland plant communities in the affected ecoregion; and

d. invasive species and noxious weeds are absent, unless they are

abundant in adjacent areas that were not disturbed by construction.

6. Within 3 years after construction, file a report with the Secretary identifying the status of the wetland revegetation efforts and documenting success as defined in section VI.D.5, above. The requirement to file wetland restoration reports with the Secretary does not apply to projects constructed under the automatic authorization, prior notice, or advance notice provisions in the FERC’s regulations. For any wetland where revegetation is not successful at the end of 3 years after construction, develop and implement (in consultation with a

MAY 2013 VERSION 19

professional wetland ecologist) a remedial revegetation plan to actively revegetate wetlands. Continue revegetation efforts and file a report annually documenting progress in these wetlands until wetland revegetation is successful.

VII. HYDROSTATIC TESTING A. NOTIFICATION PROCEDURES AND PERMITS 1. Apply for state-issued water withdrawal permits, as required. 2. Apply for National Pollutant Discharge Elimination System (NPDES) or

state-issued discharge permits, as required. 3. Notify appropriate state agencies of intent to use specific sources at least 48

hours before testing activities unless they waive this requirement in writing. B. GENERAL 1. Perform 100 percent radiographic inspection of all pipeline section welds or

hydrotest the pipeline sections, before installation under waterbodies or wetlands.

2. If pumps used for hydrostatic testing are within 100 feet of any waterbody or

wetland, address secondary containment and refueling of these pumps in the project’s Spill Prevention and Response Procedures.

3. The project sponsor shall file with the Secretary before construction a list

identifying the location of all waterbodies proposed for use as a hydrostatic test water source or discharge location. This filing requirement does not apply to projects constructed under the automatic authorization provisions of the FERC’s regulations.

C. INTAKE SOURCE AND RATE 1. Screen the intake hose to minimize the potential for entrainment of fish. 2. Do not use state-designated exceptional value waters, waterbodies which

provide habitat for federally listed threatened or endangered species, or waterbodies designated as public water supplies, unless appropriate federal, state, and/or local permitting agencies grant written permission.

3. Maintain adequate flow rates to protect aquatic life, provide for all waterbody

uses, and provide for downstream withdrawals of water by existing users. 4. Locate hydrostatic test manifolds outside wetlands and riparian areas to the

maximum extent practicable.

MAY 2013 VERSION 20

D. DISCHARGE LOCATION, METHOD, AND RATE 1. Regulate discharge rate, use energy dissipation device(s), and install sediment

barriers, as necessary, to prevent erosion, streambed scour, suspension of sediments, or excessive streamflow.

2. Do not discharge into state-designated exceptional value waters, waterbodies

which provide habitat for federally listed threatened or endangered species, or waterbodies designated as public water supplies, unless appropriate federal, state, and local permitting agencies grant written permission.


Millennium Pipeline Company, L.L.C. C-i Valley Lateral Project

ATTACHMENT C

MILLENNIUM’S UNANTICIPATED DISCOVERY OF CONTAMINATION PLAN


Unanticipated Discovery of Contamination Plan

FERC Docket No. PCP16-__-000

November 2015

Unanticipated Discovery of Contamination Plan 1 Valley Lateral Project

The intent of this Unanticipated Discovery of Contamination Plan is to outline practices to

employ in the event of an unanticipated discovery of contamination in soil, groundwater, and sediment

when excavating during construction activities. The purposes of this plan are to:

protect human health and worker safety

prevent the spread of contamination

comply with applicable State and/or Federal regulations

Pre-job Planning

As part of the planning for the Project, Millennium will undertake a site reconnaissance of the

proposed construction work area, including interviews with property owners, and a review of any readily

available information. Millennium may also conduct an environmental database search (e.g., EDR

search) and/or perform additional investigation. Generally, it is not anticipated that this review will

identify any known contamination along the right-of-way, but may identify areas where there is a higher

potential for contamination.

Millennium will review its findings prior to the start of construction and any identified

contaminated sites and/or areas of concern will be located and available information reviewed for

potential impacts. In the event the planned work will impact a confirmed contaminated site, Millennium

will work with the appropriate regulatory agency, property owner, and responsible party to ensure the

construction activities are conducted in accordance with applicable and established site requirements.

Where feasible, a re-route or other modification to the Project may be considered.

If contaminated sites are identified for areas of the Project, a list of the sites should be kept along

with how the determination was made (EDR, property owner, agency report, etc.). An example of this list

is included in Attachment A at the end of this document.

Unanticipated Discovery Response

In the event unanticipated contaminated soil, groundwater, or other potential environmental

contamination are encountered during the Project (e.g., malodorous soils and/or groundwater with visible

staining and/or sheen), the following general procedures will be implemented:

1) All construction work in the immediate vicinity of areas where suspected contamination

or unknown wastes are encountered will be halted.

2) All construction, oversight, and observing personnel may be evacuated to a road or other

accessible up-wind location until the types and levels of potential contamination can be


verified by qualified personnel. This assessment may include, but not be limited to:

observation by a qualified health and safety professional, field screening using the

appropriate air sampling devices, and/or laboratory analysis of suspect material.

3) The Environmental Inspector (EI) will be notified and the EI will consult with

Millennium’s Environmental Monitoring Center.

4) Following consultation with on-site personnel, Millennium’s Environmental Monitoring

Center will be responsible for designating follow-up actions, including mobilizing

emergency response personnel and coordinating with the EPA and/or State and local

agencies as appropriate.

5) If an immediate or imminent threat to human health or the environment exists, the EI or

Millennium’s field personnel will immediately contact the appropriate responding

agency. The contact numbers for fire, police, and the State environmental hotline are in

Attachment B.

6) If an immediate or imminent threat to human health or the environment does not exist,

or has been abated, a determination will be made, after consulting with all responsible

parties, for conducting any remedial action. If Millennium or the contractor’s qualified

personnel are responsible for any remedial action it will be limited to the planned work

area only and no additional disturbance should be made except as needed to facilitate

construction.

a) Representative samples of the suspected contaminated media (i.e., soil, water,

and waste) may need to be submitted for laboratory analysis to determine waste

classification and/or agency notification requirements.

b) The EI shall consult with Millennium’s Environmental Monitoring Center for the

appropriate analyses, sampling methodology, and sampling frequency.

c) Any excavated soils or waste that are suspected of containing contamination

above the appropriate clean-up standard, or otherwise regulated for disposal, will

be placed on plastic sheeting and covered at the end of each work day or placed

in an appropriate container to prevent the spread of any further contamination.

Containers must be closed or covered and any storage areas cordoned off with

orange safety fence. All containers should be clearly labeled with the name of

the contents and any known hazard associated with the material identified on the

container. Known hazardous wastes should be labeled with the words

“Hazardous Waste” and the date the waste was placed in the container.


d) Water or groundwater suspected of being contaminated will not be discharged to

grade without prior State approval. Options such as on-site storage tanks or

discharge to publicly owned treatment works may be considered. Limiting

and/or diverting the flow of clean surface water away from the affected area, as

well as other measures, may be implemented to minimize impacts and exposure

to the work area.

7) If it is determined that the Company or its qualified contractor will be responsible for

arranging for disposal of any affected media (soil, water, waste), the material will be

characterized and disposed of properly at a permitted facility in a timely manner. All

disposal documentation should be obtained and filed in the Project files and copies sent

to Millennium’s Environmental Monitoring Center.

a) If USEPA regulated hazardous wastes, Toxic Substance Control Act wastes, or

State hazardous wastes are generated, a USEPA generator identification number

will need to be obtained. Millennium’s Environmental Monitoring Center must

be contacted to assist in either obtaining a project specific ID number or

providing an EPA ID number for an existing facility.


ATTACHMENT A

KNOWN OR SUSPECTED CONTAMINATED SITES Instructions: Please complete a separate sheet for each location where contamination has been noted.

I. Site Name

II. Physical Location

III. How Contamination Determination Was Determined (Visual, Sampling, Smell, etc.)


ATTACHMENT B

PRIMARY EMERGENCY CONTACTS

Contact Telephone

Millennium Environmental Inspector

Millennium Environmental Monitoring Center (800) 835-7191

New York State Department of Environmental Conservation 24-hour Spill Hotline

(800) 457-7362 (518) 457-7362

National Response Center (800) 424-8802

LOCAL EMERGENCY CONTACTS

Contact Telephone


Millennium Pipeline Company, L.L.C. D-i Valley Lateral Project

ATTACHMENT D

MILLENNIUM’S SPILL PREVENTION AND RESPONSE PLAN


Spill Prevention and Response Procedure


November 2015

Millennium Pipeline Company, L.L.C. Valley Lateral Project

i

TABLE OF CONTENTS Section Page I. INTRODUCTION .................................................................................................................. 1

II. TRAINING ............................................................................................................................ 1

III. CONTRACTOR PRE-JOB REQUIREMENTS .................................................................... 1

IV. EQUIPMENT INSPECTION AND MAINTENANCE ......................................................... 1

V. FUEL AND MATERIAL STORAGE .................................................................................... 2

VI. REFUELING AND MAINTENANCE .................................................................................. 2

VII. SPILL RESPONSE ................................................................................................................ 3

VIII. SPILL NOTIFICATION ........................................................................................................ 4

ATTACHMENTS

Attachment 1 Project Spill Report Form Attachment 2 Notifications - Spill Response Reporting


1

SPILL PREVENTION AND RESPONSE PROCEDURE

I. INTRODUCTION

This Spill Prevention and Response Procedure (SPRP) describes the measures to prevent spills and, in the event that spills occur, to control and minimize the effects of a release of petroleum products or hazardous substances during the construction of the Millennium Pipeline Company, L.L.C. (Millennium) Valley Lateral Project (Project). The contractor will be responsible for preparing response plans that are compliant with applicable regulations.

II. TRAINING

During the Project Environmental Awareness Training, all Millennium inspectors and construction contractor personnel will be briefed on the requirements of this SPRP. Training will emphasize the following:

The contractor will ensure that all employees handling fuels and, as applicable, hazardous materials will be properly trained.

Precautionary equipment maintenance and refueling procedures are to be followed to minimize the potential for releases.

Standard operating procedures are to be followed in the event of a release, including the deployment and maintenance of spill response materials.

Standard equipment, materials and supplies are to be available for cleanup of a release.

III. CONTRACTOR PRE-JOB REQUIREMENTS

The contractor will provide to Millennium’s environmental inspector (EI) a pre-job, written inventory of lubricants, fuels, and other materials, which could be accidentally discharged during construction.

Contractor will then consult with Millennium to: o determine reportable spill quantities for each material on the pre-job inventory; o classify, in the event of an accidental release, each material on the pre-job

inventory as hazardous or non-hazardous waste under RCRA regulations; o identify and prepare a written inventory of approved waste transporters and

disposal sites for both hazardous and non-hazardous wastes near the construction site;

o approve the contractor’s list of equipment and spill procedures and impact minimization measures;

o define the duties and coordinate the responses of all persons involved in cleaning up a spill;

o create and maintain, with support from Millennium, an up-to-date list of names, addresses, and phone numbers of all persons to be contacted in case of a spill; and

o review and approve the contractor’s mandatory training and instruction for spill prevention and impact minimization.


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IV. EQUIPMENT INSPECTION AND MAINTENANCE

Contractor will regularly inspect and maintain construction equipment. Construction equipment will be outfitted with appropriately sized spill containment kits. All containers, valves, piping and hoses will be examined regularly to assess general conditions

and remediated as necessary. All leaks will be promptly corrected and/or repaired.

V. FUEL AND MATERIAL STORAGE

The following procedures will be followed when storing fuels and hazardous materials to help avoid spills and minimize the impact of spills that accidentally occur:

Bulk quantities of diesel fuel, gasoline and hazardous liquids (e.g., solvents and lubricants) will be stored in pipeyard(s). Adequate spill containment measures, such as containment dikes with a capacity for at least 110% of the maximum storage volume, combined with impervious lining, will be installed before fuel storage tanks are filled, and will be maintained throughout the Project. The contractor will provide Millennium’s EI with copies of the Material Safety Data Sheets (MSDS) for each hazardous material on site and will maintain such MSDSs on-site.

Lesser quantities of fuels (up to 500 gallons), solvents and lubricants (e.g., motor oils, hydraulic fluid) may be stored along the construction work area (CWA) as necessary to service equipment used on the Project, provided that this storage does not conflict with other parts of this SPRP. Sorbent booms and clean-up kits will be kept at all storage locations.

All storage areas will be located at least 100 feet from waterbodies or wetlands; at least 200 feet from active or private water wells; and at least 400 feet from municipal water wells unless using an operational fuel storage area established on Millennium property.

All motor fuel, lube oil, chemicals and other polluting substances will be tightly sealed and clearly labeled during transportation and storage.

All equipment will be checked daily for leaks prior to beginning work in waterbodies or wetlands. Steps will be taken to repair leaks or remove the equipment from service, if necessary.

Fuel trucks, pumps, mechanics’ vehicles, the contractor foremen’s vehicles, inspectors’ vehicles and all vehicles working within aquifer protection areas and public water supply watersheds will be equipped with spill kits containing absorbent materials approved for petroleum products and have sufficient tools and material to stop leaks.

VI. REFUELING AND MAINTENANCE

Equipment refueling will not be performed within 100 feet of any waterbody or wetland, with the following exceptions:

o Areas of rugged terrain or steep slopes where movement of equipment outside of such 100-foot buffers would cause excessive disturbance to the CWA

o Areas where removing equipment from a wetland or from near a waterbody for servicing or refueling would increase adverse impacts to the wetland

o Refueling of immobile equipment. During refueling, necessary precautions will be taken to avoid or minimize the potential for an

accidental spill. Care will be taken during refueling not to overfill or spill fuel onto the housing of equipment. Appropriate spill kits/absorbent materials will be available at all refueling sites.


3

Equipment servicing, lubricating and refueling will also be in accordance with these requirements whenever possible (i.e., except when stationary equipment such as drilling rigs is being used). Where these conditions cannot be met, the EI will prepare a supplemental plan, based on field conditions, to protect these resources and will obtain any required regulatory approval.

Use of hazardous materials for vehicle maintenance will follow the same requirements mentioned above for equipment refueling. Impervious or sorbent materials will be placed under the work area before the work begins. Additional sorbent materials will also be readily available.

Waste materials created during maintenance (e.g., used oil) will be collected for proper disposal. All waste materials, including partially used or empty containers, discarded parts, clean-up rags

and used sorbent materials, as well as discarded hazardous material containers (e.g., oil cans, grease tubes), will be collected for proper disposal.

Refueling areas will be located hydraulically down gradient and outside aquifer protection areas, whenever possible, and if located within an aquifer protection area, the refueling area will be lined. The fueling nozzle will be wrapped with absorbent pads and carried from the dispensing equipment to the equipment being fueled.

Construction equipment will not be washed in any waterbody or wetland, nor will runoff resulting from washing operations be permitted to directly enter any waterbody or wetland area.

Construction equipment and vehicles will not be parked overnight within 100 feet of waterbodies or wetlands.

Pumps operating within 100 feet of a waterbody or wetland boundary will utilize appropriate secondary containment systems.

Considerations

The Contractor will assure that all refueling be done pursuant to the following conditions:

Impact minimization measures and equipment will be sufficient to prevent discharged fluids from leaving the CWA or reaching wetlands or waterbodies, and be readily available for use. These will include some combination of the following:

o dikes, berms or retaining walls sufficiently impervious to contain spilled oil o absorbent and barrier materials in quantities determined by the Contractor to be

sufficient to capture the largest reasonably foreseeable spill o disposable drums or containers suitable for holding and transporting contaminated

materials o curbing o culverts, gutters, or other drainage systems o weirs, booms, or other barriers o spill diversion or retention ponds o sumps and collection systems

The Contractor will prepare for approval by Millennium a list of the type, quantity, and the storage location of containment and clean up equipment to be used during construction. The list will include the procedures and impact minimization measures to be used in case of a spill.

VII. SPILL RESPONSE

Stopping the source and containment is the immediate priority in the case of a release. Cleanup procedures will begin immediately after a release is contained. In the event of a spill, Millennium will take immediate action to ensure that the impact of the spill is minimized, and to see that appropriate cleanup action is immediately undertaken.


4

The first person to notice a spill (e.g., contractor personnel, Millennium inspectors) will take immediate steps to stop and contain release.

Spill kits consisting of the appropriate materials, as specified by Millennium, will be required in all heavy construction equipment associated with this project. At a minimum, small vehicles used to transport Millennium and Contractor personnel will be required to contain absorbent pads. General equipment that the contractor will use for spill containment and cleanup includes:

absorbents including pillows, socks, and wipe sheets for containment and pick up of spilled liquids

commercially available spill kits (or the functional equivalent thereof) that are self-contained and prepackaged with a large variety of sorbents for both small to large spills

structures such as gutters, culverts, and dikes for immediate spill containment, where available and appropriate

shovels, backhoes, etc, for excavating contaminated materials sumps and collection systems drums, barrels, and temporary storage bags to clean up and transport contaminated materials

Response to spills into Waterbodies or Wetlands

In the event of a spill into or in the vicinity of waterbodies or wetlands, the following will occur immediately:

The spill will be immediately stopped at the source. The spill will be contained through the use of appropriately deployed containment materials

(e.g., sorbent booms, absorbent pads, constructing dikes). The spill will be collected with sorbent materials, skimmed off water surfaces with booms,

and/or the contaminated soil will be excavated. The waste materials will be properly disposed in accordance with Millennium policy. The affected areas will be restored as closely as possible to their previous condition.

If the spill is such that Millennium personnel or the on-site contractor cannot immediately and effectively respond, Millennium’s environmental contractor, who specializes in spill cleanup, will be employed Millennium personnel (e.g., EI) will complete a Spill Report Form (refer to Attachment 1).

VIII. SPILL NOTIFICATION

Spills occurring during construction will be reported immediately to the Millennium Monitoring Center at 1-800-835-7191 in accordance with Millennium policies, plans and procedures. Millennium’s Environmental Health and Safety department will be responsible for contacting the appropriate agencies, except as provided for below.

If the call to the Monitoring Center is not returned within 30 minutes and the spill has impacted water, the person discovering the spill or release will contact the National Response Center at 1-800-424-8802 and report the release. That person will continue calling the Monitoring Center until a representative is reached.

Attachment 2 lists the primary telephone numbers for such notifications.

ATTACHMENT 1

MILLENNIUM PIPELINE COMPANY, L.L.C.

VALLEY LATER PROJECT

PROJECT SPILL REPORT

FORM

Millennium Pipeline Company, L.L.C. A1-1 Valley Lateral Project

SPILL REPORT FORM VALLEY LATERAL PROJECT

Date: Time of Spill Occurrence: Weather Conditions:

Name/Title of first observer:

Regulatory Agencies Notified/Time (date) of Notification:

Location of Spill (Attach photocopy of site plan, as appropriate):

County: Parcel No.:

Town: Milepost/Station No.:

Material Spilled:

Quantity Spilled:

10 gallons or less: Between 10 and 1,000 gallons:

Over 1,000 gallons:

Circumstances causing spill:

If spill is into water, is a sheen present? Size of area affected by spill:

Estimate depth of spilled material on water or soil:

Has spill left the construction work area?

Millennium Pipeline Company, L.L.C. A1-2 Valley Lateral Project

Is spill under control? If not, is there a potential for the spill to leave the construction work area?

Has spill cleanup begun? If so, what methods are being or will be used?

Signature of Contractor Representative/Date

Signature of Millennium Environmental Inspector/Date


A2-1

ATTACHMENT 2

NOTIFICATIONS

SPILL RESPONSE REPORTING

PRIMARY EMERGENCY CONTACTS

Contact Telephone

Millennium Environmental Inspector

Millennium Monitoring Center (800) 835-7191

New York State Department of Environmental Conservation 24-hour Spill Hotline

(800) 457-7362 (518) 457-7362

National Response Center (800) 424-8802

LOCAL EMERGENCY CONTACTS

Contact Telephone


Millennium Pipeline Company, L.L.C. E-i Valley Lateral Project

ATTACHMENT E

MILLENNIUM’S WINTER CONSTRUCTION PLAN


Winter Construction Plan


November 2015

Millennium Pipeline Company, L.L.C. i Valley Lateral Project Winter Construction Plan

LIST OF ACRONYMS AND ABBREVIATIONS

ATWS Additional Temporary Workspace

CWA Construction Work Area

BMP Best Management Practices

ECS Environmental Construction Standards

EI Environmental Inspector

FERC / Commission Federal Energy Regulatory Commission

Millennium Millennium Pipeline Company, L.L.C.

Project Valley Lateral Project

WCP Winter Construction Plan

Millennium Pipeline Company, L.L.C. 1 Valley Lateral Project Winter Construction Plan

1.0 INTRODUCTION

Millennium Pipeline Company, L.L.C. (Millennium) is seeking authorization from the Federal Energy Regulatory Commission (FERC or Commission) pursuant to Section 7(c) of the Natural Gas Act1 to construct, install, own, operate, and maintain the Valley Lateral Project (Project). The Project will provide firm transportation of natural gas to the new 650 megawatt gas-powered CPV Valley Energy Center being constructed by CPV Valley, LLC in the town of Wawayanda, New York. The Project, as proposed, includes approximately 7.8 miles of new natural gas pipeline that will extend from Millennium’s existing main line pipeline north to the CPV Valley Energy Center, as well as ancillary aboveground facilities.

Construction of the Project is anticipated to commence during the third quarter of 2016 to meet the in- service date of April 2017. To meet the anticipated Project schedule, construction activities will continue through the winter season. Millennium has developed this Winter Construction Plan (WCP) to outline the special procedures and best management practices (BMPs) that will be implemented during the winter season construction period for installation of the Project facilities. These special procedures and BMPs should be considered additions to the other plans, procedures, and BMPs Millennium has specified for use on the Project and will be used in conjunction with those plans, procedures, and BMPs, as applicable.

This WCP will be considered to be in effect when any of the following conditions occur:

The ground is frozen and plating of topsoil occurs; Equipment slippage occurs from operating on frozen ground or vehicles risk sliding outside

established construction work area (CWA) clearing limits; Road crossings cannot be adequately compacted; Backfill material freezes to the extent that adequate compaction becomes difficult; and/or Topsoil stockpiles are frozen and cannot be uniformly redistributed across disturbed areas or

separated from the sub-grade material.

2.0 SNOW MANAGEMENT

If a snow event is followed immediately by a period of melting and runoff, the typical erosion and sedimentation control BMPs specified in Millennium’s Environmental Construction Standards (ECS) for stormwater management will apply, and no special measures will be necessary. If a significant (greater than 6 inches) snowfall event occurs and is followed by an extended period of freeze, the following procedures will be implemented:

Millennium will minimize snow clearing activities by only clearing in active work areas; Plowing equipment used for snow removal operations will be equipped with 6-inch shoes to

ensure blades do not remove topsoil or vegetation; Snow removal equipment will consist mainly of plowing equipment, such as bulldozers, loaders,

utility trucks, dump trucks, or any construction vehicle that can be equipped with a plow and 6-inch shoes, and may include but is not limited to other equipment, such as snow blowers and hand shovels;

1 15 U.S.C. § 717f(c) (2012).


Rather than blade as low as possible, snow removal operators will blade no lower than a height sufficient for construction vehicles to safely navigate the CWA;

Snow removal operators will adjust blade height in areas of slope changes to ensure that contact with the ground is minimized;

If practical, snow removed from other parts of the CWA will be stored over the trench line prior to excavation to prevent deep frost penetration along the trench line. Upon removal prior to topsoil removal and trenching activities, this snow will be stockpiled within an outer 10-foot strip on the working side of the CWA that is reserved for snow storage;

Alternatively, snow may be removed from the CWA and placed adjacent to spoil pile storage. Millennium will not disturb the ground surface while removing the snow from within the CWA. Millennium will work with individual landowners on a site-specific basis where snow storage adjacent to the CWA is required;

To permit access to the CWA, snow may be cleared from access roads by pushing or throwing the snow to the side of the road. Intersections, driveways and other private roads will not be blocked by plowed or stockpiled snow. Removed snow will not mix with sidecast stored soils;

If necessary to improve driving conditions, snow may be bladed level along the travel lane on the CWA, rather than removed;

Snow generally will not be removed from soil storage areas until just prior to backfilling the pipe trench or the replacement of topsoil. Snow that could interfere with trench backfilling operations will be removed to create a safe work area. Care will be taken to avoid mixing of snow and soil during snow removal. Snow may be left on the stored topsoil pile while replacing subsoil to minimize the mixing of the two. A separation will be placed between stored soil piles to further ensure mixing of subsoil and topsoil does not occur during the snow removal;

Snow removal equipment will be confined within the limits of the CWA and access roads; including any additional temporary workspace (ATWS);

Heavy saturated snow may be pushed, lifted and dumped, and stored adjacent to the CWA, provided that equipment stays within the CWA boundaries, property is not damaged or encumbered by the snow, no soil or vegetation is removed, no cultural resources or rare species habitat are adversely impacted, and breaks are left in windrowed piles to allow for drainage and wildlife passage. Millennium will work with individual landowners on a site-specific basis where snow storage adjacent to the CWA is required;

In heavy snow or in areas of significant snow drifts, snow may be stockpiled off the CWA using equipment mounted to construction vehicles within the CWA limits; and

Snow and ice will be removed from inside the pipe joints prior to their being aligned and welded.

3.0 FROZEN SOIL HANDLING

In warm weather conditions, all construction activities (topsoil removal and segregation, grading, trenching, pipe installation, backfilling, restoration, and clean-up) will be conducted in accordance with Millennium’s ECS, as appropriate. The following alternative methods will be implemented in frozen or partially frozen soil conditions, defined as the presence of frozen soils to a depth of 2 inches, or more, below the surface:

Frozen topsoil stripping activities will be limited to the equipment capable of accurately stripping variable depths of topsoil; rippers mounted on a machine may be necessary to achieve depth penetration. If segregation of subsoil and topsoil cannot be accomplished without mixing, the topsoil salvage operation will cease until soil conditions improve and segregation requirements can be met;


Millennium will minimize the amount of open trench to reduce the amount of snow that will have to be removed;

Millennium will install highly visible construction fence around any open trenches in areas where the pipeline intersects known paths used for snowmobiling, hiking or other such activities;

Where topsoil or soil stockpiles remain in place during the winter, breaks in the stockpiles at drainage crossings will be created to allow runoff and snowmelt to be diverted off the CWA. Mulch or other methods of topsoil conservation will be used to prevent loss of topsoil during the winter and throughout the spring melt. If requested by landowners, these stockpiles will be marked with high-visibility poles to alert snowmobilers and others of their presence;

The CWA will be stabilized and subsoil de-compaction and topsoil grading will be completed during final restoration when the soil has dried sufficiently.

If topsoil placement is suspended due to frozen conditions, normal temporary stabilization procedures will be applied as ground conditions permit. The final clean-up schedule will vary, depending on ground conditions and time of construction. Where final clean-up and restoration have not been completed, the CWA will be left in a roughened condition to reduce potential for erosion during snowmelt. In upland areas, a slight crown may be left over the pipeline to account for settling as backfilled soils thaw.

To reduce the possibility of the trench spoil freezing and if practical, the pipeline construction contractor may choose to excavate the trench after the pipeline has been welded.

Prior to backfilling, frozen stockpiled subsoil will be skimmed to remove the frozen surface layer and expose unfrozen material. The unfrozen material will be used to backfill immediately over the pipeline to prevent damage to the coating of the pipeline; and

The EI may halt work if it is determined that muddy conditions are too severe.

4.0 TEMPORARY EROSION AND SEDIMENT CONTROL

Temporary and final erosion control and stabilization methods will be implemented in accordance with Millennium’s ECS. Millennium will monitor erosion control structures and stabilization efforts closely during periods of snow melt. It is Millennium’s intent that all temporary erosion control measures will be fully operational for the duration of the winter and will be able to withstand spring thaw and snow melt periods. Millennium’s EIs will verify that the erosion control measures are appropriate for the weather conditions and are functional. The following measures may be implemented during construction:

Temporary erosion controls will be properly maintained during Project construction and reinstalled, as necessary, until final erosion controls are constructed. Erosion control devices will be inspected by the EI and repaired, as necessary;

Temporary slope breakers will be installed as described in Millennium’s ECS. If frozen ground prevents the installation of slope breakers, other erosion control methods will be utilized, and slope breakers will be installed prior to the spring thaw;

Erosion control devices requiring repair or installation during frozen conditions will be temporarily repaired/constructed using sand bags until conditions dictate that they can be installed as described in Millennium’s ECS;

Haybales that can be properly replaced without retrenching, during frozen conditions, will be staked using steel rebar;

In cultivated lands, temporary slope breakers will be placed across the CWA. Breaks will be installed in snow and topsoil piles where they are intersected by the temporary slope breakers to promote water flow off of the CWA during the spring thaw;


Appropriate erosion controls will be used to stabilize topsoil and subsoil piles. Care will be taken when installing erosion control measures to account for the volume and direction of flow expected during spring melt and heavy spring rains;

Mulching will be used to stabilize soil surfaces and on stockpiled topsoil, where appropriate. In cases where significant snow cover exists, the EI will determine whether mulch should be applied. Where required, mulch will be applied in accordance with Millennium’s ECS;

If necessary, temporary bridges and equipment mats may be removed for the winter season and stored within the CWA in an upland storage area. Any crossings remaining in place will be engineered to handle maximum predicted spring runoff flows and will be approved by applicable regulatory agencies; and

If s t r e a m crossings are required outside of construction windows, prior to any activity, Millennium will obtain approval from the applicable regulatory agency for each specific crossing.

5.0 CONSTRUCTION IN AGRICULTURAL AREAS DURING WET WEATHER

If construction occurs during wet weather, the pipeline trench shall be pumped and free of water prior to lowering in. Pumps may have to be continuously run, in low areas, until pipe is backfilled to limit soil saturation.

The Environmental Inspector will determine when construction should not proceed in a given area due to wet weather conditions. The following are the factors to be considered in determining whether construction will be allowed to continue due to wet weather conditions:

Work will not be allowed in areas where rutting is mixing subsoil with topsoil. The depth of the allowable rutting is dependent on the depth of topsoil in a given location;

In areas where rutting will result in topsoil/subsoil mixing, alternatives such as utilizing mats, low ground weight equipment, and/or flat bottom sleds pulled by low ground weight equipment, disking the right-of-way to increase evaporation and dewatering the area with portable pumps may also be acceptable; and

Wet weather restrictions only apply to those areas necessary and may not require cessation of work in areas not affected by wet weather.

6.0 LOWERING-IN AND BACKFILL

The following recommendations may be implemented during lowering-in and backfilling activities during the winter season:

Prior to lowering-in of the pipe, the pipe trench will be cleared of snow to the extent reasonably practicable;

During backfill operations, precautions will be taken to limit the mixing of snow with spoil material, although it is recognized that some mixing of snow and soil is unavoidable during this process;


The trench will be backfilled with unfrozen soils. If necessary, the first several inches of frozen backfill will be removed from the spoil piles to access unfrozen soils for backfilling. The segregated frozen spoil material, to be used as backfill once thawed, will be stabilized until the soils in the trench have thawed and any settling has occurred. This remaining spoil material will be used as backfill to make up for any settling after the soils in the trench have fully thawed; and

Backfilling activities will follow lowering-in activities immediately to prevent the infill of snow over the lowered-in pipe.

7.0 HYDROSTATIC TESTING/DEWATERING

The following recommendations may be implemented during hydrostatic testing activities that occur during the winter season:

The temperature of the hydrostatic test water will be monitored continuously. The test manifolds will be insulated and a temporary shelter will be constructed around the test area. Portable heaters will be used inside the shelter to prevent the test manifolds from freezing;

Hydrostatic test water discharge locations will be monitored for icing and effectiveness; Hydrostatic test dewatering will be conducted in accordance with Millennium’s ECS, as appropriate.

During the winter season, dewatering structures may need to be sized to handle more volume and may need to be located further away to avoid runoff back toward the trench due to decreased infiltration rates of frozen ground; and

No anti-freeze or additives to reduce the test water’s freezing point will be used during hydrostatic testing.

8.0 WINTER AND SPRING INSPECTIONS AND MONITORING

Millennium’s EI will continue to inspect the condition of erosion control devices on a daily basis during active construction or within 24 hours of a 0.5-inch rain event, if safely accessible and weather permitting, to ensure that the erosion control devices remain in place and are effective. Winter construction monitoring of the CWA will identify the following:

Erosion control measures requiring maintenance and repair; Areas along the CWA with slope instability; and Areas where significant levels of erosion are occurring along the CWA.

The EI will pay particular attention to areas with steep slopes, wetlands, waterbody crossings, and sensitive habitats.

The construction contractor will attempt to complete repairs of damaged erosion control devices at the end of each working day. Millennium will stockpile erosion control materials within designated staging areas during the winter season to ensure they are available for installation and repairs.

Site inspections will be completed in accordance with Millennium’s ECS. Millennium will prepare weekly status reports for areas undergoing winter construction, as well as for previously disturbed areas where no construction is occurring during the winter season. These reports will identify areas where erosion


control issues have been identified and corrected, along with areas where final resolution and repair will be deferred until spring due to inaccessibility or the likelihood of more significant damage resulting from attempts to effect repairs.

9.0 SPRING THAW CONDITIONS AND EROSION CONTROL MEASURES

Millennium may implement the following procedures when working during spring thaw conditions:

Construction contractors may use equipment best suited to existing ground conditions (i.e., low ground pressure equipment);

Construction contractors may install equipment mats along the travel lane where soils are excessively wet and rutting is occurring to prevent mixing of topsoil and subsoil;

Construction contractors may use frost driving measures, such as snow packing, to increase the load bearing capacity of the ground where necessary to remove equipment from the CWA;

In excessively wet areas, construction activities may be postponed until early morning or evening when the ground is frozen (refer to Section 5.0, above);

Equipment mats or geotextiles may be installed in excessively wet areas, as needed, to minimize rutting;

Runoff water will be controlled by implementing Millennium’s ECS; Erosion control measures will be inspected and repaired in accordance with Millennium’s ECS; and Work will be suspended by the EI if it is determined that the area is excessively wet and rutting is

occurring.

10.0 TRAINING AND REPORTING

Millennium will incorporate this WCP into its training required by Millennium’s ECS.

Millennium will include discussions of winter construction activities in its FERC status reports to keep applicable regulatory agencies informed about the progress of winter construction activities and other winter CWA issues as well as any corrective actions implemented or scheduled.


Millennium Pipeline Company, L.L.C. F-i Valley Lateral Project

ATTACHMENT F

NYSDAM PLAN

PPIIPPEELLIINNEE RRIIGGHHTT--OOFF--WWAAYY CCOONNSSTTRRUUCCTTIIOONN PPRROOJJEECCTTSS

AAGGRRIICCUULLTTUURRAALL MMIITTIIGGAATTIIOONN TTHHRROOUUGGHH TTHHEE SSTTAAGGEESS OOFF PPRROOJJEECCTT PPLLAANNNNIINNGG ,,

CCOONNSSTTRRUUCCTTIIOONN//RREESSTTOORRAATTIIOONN AANNDD FFOOLLLLOOWW--UUPP MMOONNIITTOORRIINNGG

BByy NNeeww YYoorrkk SSttaattee

DDeeppaarrttmmeenntt ooff AAggrriiccuullttuurree aanndd MMaarrkkeettss AAllbbaannyy,, NNeeww YYoorrkk

RReevv.. 22--1111

22

NNYYSS DDEEPPTT.. OOFF AAGGRRIICCUULLTTUURREE AANNDD MMAARRKKEETTSS DDiivviissiioonn ooff AAggrriiccuullttuurraall PPrrootteeccttiioonn aanndd DDeevveellooppmmeenntt SSeerrvviicceess:: MMaatttthheeww BBrroowweerr MMiicchhaaeell SSaavviioollaa AAggrriiccuullttuurraall RReessoouurrccee SSppeecciiaalliisstt AAggrriiccuullttuurraall RReessoouurrccee SSppeecciiaalliisstt NNYYSS DDeepptt.. ooff AAggrriiccuullttuurree aanndd MMaarrkkeettss NNYYSS DDeepptt.. ooff AAggrriiccuullttuurree aanndd MMaarrkkeettss 1100BB AAiirrlliinnee DDrriivvee AAddmmiinniissttrraattiioonn BBuuiillddiinngg SSuuiittee 220011 AAllbbaannyy,, NNYY 1122223355--00000011 990000 JJeeffffeerrssoonn RRooaadd PPhhoonnee ((551188)) 445577--22771133 RRoocchheesstteerr,, NNYY 1144662233 TTeelleeffaaxx ((551188)) 445577--22771166 ((660077))335511--77995544 EEmmaaiill:: [email protected]@agmkt.state.ny.us EEmmaaiill:: mmiicchhaaeell..ssaavviioollaa@@aaggmmkktt..ssttaattee..nnyy..uuss CCoouunnsseell’’ss OOffffiiccee:: DDiiaannee SSmmiitthh AAssssoocciiaattee AAttttoorrnneeyy NNYYSS DDeepptt.. ooff AAggrriiccuullttuurree aanndd MMaarrkkeettss 1100BB AAiirrlliinnee DDrriivvee AAllbbaannyy,, NNYY 1122223355--00000011 PPhhoonnee ((551188)) 445577--44111111 TTeelleeffaaxx ((551188)) 445577--88884422

mailto:[email protected]

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11..00 IINNTTRROODDUUCCTTIIOONN

TThhee ffoolllloowwiinngg aaggrriiccuullttuurraall mmiittiiggaattiioonn ssttaannddaarrddss aarree ddeessiiggnneedd ttoo aappppllyy ttoo ttrraannssmmiissssiioonn ppiippeelliinneess tthhaatt aaffffeecctt aaggrriiccuullttuurraall llaanndd.. TThheessee ssttaannddaarrddss aanndd pprraaccttiicceess aappppllyy ttoo tthhee eeaarrllyy ppllaannnniinngg ssttaaggee ooff tthhee pprroojjeecctt tthhrroouugghh ccoonnssttrruuccttiioonn,, rreessttoorraattiioonn,, aanndd ppoosstt--ccoonnssttrruuccttiioonn mmoonniittoorriinngg aanndd rreehhaabbiilliittaattiioonn.. TThhee ssppeecciiffiicc ddeettaaiillss rreeggaarrddiinngg ““AAggrriiccuullttuurraall aanndd SSooiill CCoonnsseerrvvaattiioonn SSppeecciiaalliissttss//IInnssppeeccttoorrss””,, iinn aaddddiittiioonn ttoo tthhee ttrraaddiittiioonnaall eennvviirroonnmmeennttaall ssppeecciiaalliissttss,, aappppllyy ttoo pprroojjeeccttss ooff ssiiggnniiffiiccaanntt lleennggtthh oorr pprroojjeeccttss ooff rreellaattiivveellyy mmooddeerraattee lleennggtthh,, bbuutt wwhhiicchh aaffffeecctt pprrooppoorrttiioonnaallllyy ssiiggnniiffiiccaanntt oorr uunniiqquuee aarreeaass ooff aaggrriiccuullttuurraall rreessoouurrcceess.. TThheessee ssttaannddaarrddss aanndd pprraaccttiicceess ffoorr ccoonnssttrruuccttiioonn,, cclleeaannuupp aanndd rreessttoorraattiioonn ooff aaggrriiccuullttuurraall llaannddss aarree ffoorr mmiinneerraall ssooiillss oonnllyy aanndd,, tthheerreeffoorree,, ddoo nnoott ppeerrttaaiinn ttoo oorrggaanniicc mmuucckkllaanndd ssooiillss.. TThhee NNeeww YYoorrkk SSttaattee DDeeppaarrttmmeenntt ooff AAggrriiccuullttuurree aanndd MMaarrkkeettss ((AAgg && MMaarrkkeettss)) rreeccoommmmeennddss aavvooiiddaannccee--rroouuttiinngg aarroouunndd aaggrriiccuullttuurraall oorrggaanniicc mmuucckkllaanndd ssooiillss.. WWhheenn tthhiiss iiss nnoott ppoossssiibbllee,, pprroojjeecctt--ssppeecciiffiicc ddeevveellooppmmeenntt aanndd iimmpplleemmeennttaattiioonn ooff aaggrriiccuullttuurraall mmiittiiggaattiioonn tteecchhnniiqquueess wwiillll bbee nneeeeddeedd.. TThhee pprroojjeecctt ssppoonnssoorr''ss rreepprreesseennttaattiivveess sshhoouulldd ccoonnttaacctt AAgg && MMaarrkkeettss dduurriinngg pprreelliimmiinnaarryy ppllaannnniinngg ffoorr ssuucchh ssiitteess..

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22..00 PPLLAANNNNIINNGG 22..11 AAGGRRIICCUULLTTUURRAALL AANNDD SSOOIILL CCOONNSSEERRVVAATTIIOONN SSPPEECCIIAALLIISSTT//IINNSSPPEECCTTOORR TThhee PPrroojjeecctt SSppoonnssoorr mmuusstt rreettaaiinn aa qquuaalliiffiieedd AAggrriiccuullttuurraall aanndd SSooiill CCoonnsseerrvvaattiioonn SSppeecciiaalliisstt//IInnssppeeccttoorr ((AAggrriiccuullttuurraall SSppeecciiaalliisstt)) oonn eeaacchh wwoorrkk sspprreeaadd ffoorr eeaacchh pphhaassee:: EEnnvviirroonnmmeennttaall MMaannaaggeemmeenntt aanndd CCoonnssttrruuccttiioonn PPllaann ((EEMM&&CCPP)) ddeevveellooppmmeenntt,, ccoonnssttrruuccttiioonn,, iinniittiiaall rreessttoorraattiioonn,, ppoosstt--ccoonnssttrruuccttiioonn mmoonniittoorriinngg aanndd ffoollllooww--uupp rreessttoorraattiioonn.. TThhee AAggrriiccuullttuurraall SSppeecciiaalliisstt wwiillll ssuubbmmiitt ssiittee--ssppeecciiffiicc aaggrriiccuullttuurraall iinnffoorrmmaattiioonn ffoorr EEMM&&CCPP ddeevveellooppmmeenntt ttoo tthhee PPrroojjeecctt SSppoonnssoorr.. TThhiiss iinnffoorrmmaattiioonn wwiillll bbee oobbttaaiinneedd tthhrroouugghh ffiieelldd rreevviieeww aass wweellll aass ddiirreecctt ccoonnttaacctt wwiitthh aaffffeecctteedd ffaarrmm ooppeerraattoorrss,, CCoouunnttyy SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriiccttss,, AAgg && MMaarrkkeettss aanndd ootthheerrss.. TThhee AAggrriiccuullttuurraall SSppeecciiaalliisstt wwiillll mmaaiinnttaaiinn rreegguullaarr ccoonnttaacctt wwiitthh tthhee SSpprreeaadd EEnnvviirroonnmmeennttaall aanndd EEnnggiinneeeerriinngg CCoooorrddiinnaattoorrss aanndd aapppprroopprriiaattee oonn--ssiittee PPrroojjeecctt IInnssppeeccttoorrss tthhrroouugghhoouutt tthhee ccoonnssttrruuccttiioonn pphhaassee.. TThhee AAggrriiccuullttuurraall SSppeecciiaalliisstt aallssoo mmaaiinnttaaiinnss rreegguullaarr ccoonnttaacctt wwiitthh tthhee aaffffeecctteedd ffaarrmmeerrss aanndd CCoouunnttyy SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriiccttss ccoonncceerrnniinngg ffaarrmm rreessoouurrcceess aanndd mmaannaaggeemmeenntt mmaatttteerrss ppeerrttiinneenntt ttoo tthhee aaggrriiccuullttuurraall ooppeerraattiioonnss aanndd tthhee ssiittee--ssppeecciiffiicc iimmpplleemmeennttaattiioonn ooff tthhee EEMM&&CCPP.. TThhee PPoojjeecctt SSppoonnssoorr wwiillll ccoonnssuulltt wwiitthh AAgg && MMaarrkkeettss aatt tthhee ssaammee ttiimmee tthheeyy ssuubbmmiitt aa rreeqquueesstt ffoorr aann EEMM&&CCPP mmooddiiffiiccaattiioonn ccoonncceerrnniinngg aaggrriiccuullttuurree.. 22..22 EEMM&&CCPP MMAAPPSS TThhee PPrroojjeecctt SSppoonnssoorr wwiillll pprroovviiddee oonn tthhee ggeenneerraall EEMM&&CCPP ppllaann mmaappss tthhee iinnffoorrmmaattiioonn ddeessccrriibbeedd bbeellooww ccoonncceerrnniinngg aaggrriiccuullttuurraall aarreeaass//uusseess.. 22..22..11 TTyyppee ooff AAggrriiccuullttuurraall LLaanndd aanndd FFaacciilliittiieess

AA.. PPaassttuurree//GGrraazziinngg 11.. UUnniimmpprroovveedd ggrraazziinngg aarreeaass ((bbrruusshhyy oorr wwooooddeedd llaanndd uusseedd bbyy

lliivveessttoocckk)) 22.. PPeerrmmaanneenntt ooppeenn ppaassttuurree ((llaanndd ddeevvootteedd oonnllyy ttoo ppaassttuurree uussee,, nnoott

ssuuiitteedd ttoo ttiillllaaggee rroottaattiioonn)) 33.. IImmpprroovveedd ppaassttuurree ((iinncclluuddiinngg ttiillllaabbllee rroottaattiioonn ppaassttuurree//hhaayyllaanndd)) 44.. LLiivveessttoocckk ffeenncceelliinneess

BB.. CCrrooppllaanndd

11.. HHaayyllaanndd 22.. RRoottaattiioonn ccrrooppllaanndd 33.. LLoonngg--tteerrmm ccrrooppllaanndd ((aallssoo iinncclluuddeess aaggrriiccuullttuurraall llaannddss eennrroolllleedd iinn

eeiitthheerr tthhee aannnnuuaall sseett--aassiiddee oorr tthhee CCoonnsseerrvvaattiioonn RReesseerrvvee PPrrooggrraamm ooff tthhee UU..SS..DD..AA.. CCoonnssoolliiddaatteedd FFaarrmm SSeerrvviiccee AAggeennccyy)).. SSuucchh llaannddss wwiillll bbee iiddeennttiiffiieedd tthhrroouugghh ccoonnssuullttaattiioonn wwiitthh tthhee ooffffiicceess ooff tthhee CCoonnssoolliiddaatteedd FFaarrmm SSeerrvviiccee AAggeennccyy aanndd tthhee CCoouunnttyy SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriicctt..

CC.. UUnniiqquuee AAggrriiccuullttuurraall LLaannddss ((AAvvooiiddaannccee rroouuttiinngg ssttrroonnggllyy rreeccoommmmeennddeedd))

11.. SSppeecciiaallttyy ccrrooppllaanndd ((vveeggeettaabblleess,, bbeerrrriieess,, eettcc..))

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22.. OOrrcchhaarrdd 33.. VViinneeyyaarrdd 44.. MMaappllee SSuuggaarrbbuusshh 55.. OOrrggaanniicc MMuucckkllaanndd 66.. PPeerrmmaanneenntt IIrrrriiggaattiioonn ssyysstteemmss

22..22..22 VVuullnneerraabbllee AAggrriiccuullttuurraall SSooiillss VVuullnneerraabbllee aaggrriiccuullttuurraall ssooiillss aarree ddeeffiinneedd aass aarreeaass ooff ccrrooppllaanndd,, hhaayyllaanndd,, oorr ppaassttuurree wwhhiicchh aarree ssoommeewwhhaatt mmoorree hhiigghhllyy sseennssiittiivvee tthhaann ootthheerr aaggrriiccuullttuurraall ssooiillss ttoo ccoonnssttrruuccttiioonn ddiissttuurrbbaannccee dduuee ttoo ssllooppee,, rreellaattiivvee ssooiill wweettnneessss,, aanndd//oorr sshhaalllloowwnneessss ttoo bbeeddrroocckk.. WWeettnneessss ccoonnddiittiioonnss aarree tthhee rreessuulltt ooff ffaaccttoorrss ssuucchh aass llaannddssccaappee ppoossiittiioonn,, ssooiill tteexxttuurree,, sseeaassoonnaall wwaatteerr ttaabbllee aanndd//oorr sslloowwllyy ppeerrmmeeaabbllee ssuubbssooiill hhoorriizzoonnss ((ee..gg..,, aarreeaass ooff llaatteerraallllyy ddrraaiinniinngg ssuubbssooiillss)).. AAllll vvuullnneerraabbllee aaggrriiccuullttuurraall ssooiillss iinncclluuddiinngg,, bbuutt nnoott lliimmiitteedd ttoo,, tthhoossee iiddeennttiiffiieedd iinn tthhee ccoouunnttyy ssooiill ssuurrvveeyy aass ffrraaggiippaannss,, llaaccuussttrriinneess,, ddeennssee bbaassaall ttiillllss,, ssooiillss wwiitthh aa sseeaassoonnaallllyy hhiigghh wwaatteerr ttaabbllee,, oorr ssooiillss wwiitthh lleessss tthhaann 55 ffeeeett ooff ddeepptthh ttoo bbeeddrroocckk aarree ttoo bbee llooccaatteedd aanndd iiddeennttiiffiieedd oonn tthhee pprroojjeecctt mmaapp uussiinngg tthhee ffoolllloowwiinngg ccooddeess::

AA.. ““VVEE”” ((ddeessiiggnnaattee tthhee ggeenneerraall aarreeaa ooff vvuullnneerraabbiilliittyy ooff eerroossiioonn dduuee ttoo RR--OO--WW ffaaccttoorr((ss)) ooff ssllooppee aanndd//oorr tthhee tteexxttuurree ooff eexxppoosseedd ssooiill))..

BB.. ““VV//WW”” ((ddeessiiggnnaattee tthhee ggeenneerraall aarreeaa ooff vvuullnneerraabbiilliittyy ttoo ssooiill hhoorriizzoonn wweettnneessss

aass ddeessccrriibbeedd aabboovvee))..

CC.. ““VV//BB”” ((ddeessiiggnnaattee tthhee ggeenneerraall aarreeaa ooff vvuullnneerraabbiilliittyy dduuee ttoo sshhaallllooww ddeepptthh ttoo bbeeddrroocckk))..

DD.. ““VV//OORR”” ((ddeessiiggnnaattee tthhee llooccaattiioonn ooff uunnaavvooiiddaabbllee oorrggaanniicc mmuucckkllaannddss))..

22..22..33 OOtthheerr FFeeaattuurreess IInn aaddddiittiioonn,, tthhee PPrroojjeecctt SSppoonnssoorr wwiillll pprroovviiddee tthhee ffoolllloowwiinngg iinnffoorrmmaattiioonn oonn tthhee ggeenneerraall EEMM&&CCPP mmaappss::

AA.. LLaanndd aanndd WWaatteerr MMaannaaggeemmeenntt FFeeaattuurreess 11.. SSuubbssuurrffaaccee ddrraaiinnaaggee aarreeaa ((iinnddiiccaattee eeaacchh ffiieelldd)) 22.. OOppeenn DDiittcchh 33.. DDiivveerrssiioonn TTeerrrraaccee 44.. BBuurriieedd wwaatteerr lliinneess ((ffaarrmmsstteeaadd ccoonnssuummppttiivvee uussee)) 55.. WWaatteerr ssoouurrccee ((ddeevveellooppeedd sspprriinnggss,, eettcc..)) 66.. UUnnnnaammeedd wwaatteerr ffllooww

BB.. DDeepptthh ooff ccoovveerr iiff iitt vvaarriieess ffrroomm tthhee aaggrriiccuullttuurraall ssttaannddaarrdd ((rreeffeerr ttoo 22..77))..

CC.. AAnnyy ooffff rriigghhtt--ooff--wwaayy aacccceessss rrooaaddss,, wwoorrkk oorr ssttoorraaggee aarreeaass.. MMaapp aallll ssuucchh

aarreeaass iiddeennttiiffiieedd aatt tthhee ttiimmee ooff tthhee EEMM&&CCPP ssuubbmmiissssiioonn iinnddiiccaattiinngg tthheeiirr pprrooppoosseedd llooccaattiioonnss aanndd tthhee llooccaattiioonn aanndd ssiizzee ooff aallll ccuullvveerrttss ttoo tthhee eexxtteenntt

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rreeqquuiirreedd.. AAnnyy ootthheerr aarreeaass tthhaatt mmaayy bbee iiddeennttiiffiieedd dduurriinngg ccoonnssttrruuccttiioonn wwiillll bbee ccoonnssiiddeerreedd aanndd ffiilleedd aass aa cchhaannggee iinn tthhee EEMM&&CCPP..

DD.. TThhee pprrooppoosseedd llooccaattiioonn ooff aannyy ccoommpprreessssoorr ssttaattiioonnss,, vvaallvvee ssttaattiioonnss,, mmeetteerriinngg

aanndd rreegguullaattiinngg ssttaattiioonnss aanndd aannyy ootthheerr pprrooppoosseedd ffaacciilliittiieess.. AAggrriiccuullttuurraall aarreeaass sshhoouulldd bbee aavvooiiddeedd wwhheenn ssiittiinngg aannyy aabboovvee ggrroouunndd ffaacciilliittiieess..

EE.. GGeenneerraall llooccaattiioonnss ffoorr ttrreenncchh bbrreeaakkeerrss,, iinncclluuddiinngg aa nnoottaattiioonn ooff tthhee ddiissttaannccee

bbeettwweeeenn bbrreeaakkeerrss bbaasseedd oonn ppeerrcceenntt ooff ssllooppee,, oorr aann aappppeennddeedd ggeenneerriicc cchhaarrtt ooff ttrreenncchh bbrreeaakkeerr ssppaacciinngg bbyy ddeeggrreeee oorr ppeerrcceenntt ooff ssllooppee..

FF.. GGeenneerraall llooccaattiioonnss ffoorr ssuubbssuurrffaaccee iinntteerrcceepptt ddrraaiinnss ttoo ccoonnttrrooll ssooiill ssaattuurraattiioonn aanndd//oorr aaiidd ttrreenncchh bbrreeaakkeerrss iinn mmiinniimmiizziinngg wwaatteerr ppiippiinngg,, bbaasseedd oonn tthhee vvuullnneerraabbllee aaggrriiccuullttuurraall ssooiillss ddaattaa ((sseeee SSeeccttiioonn 22..22..22)) aanndd ssiittee mmoonniittoorriinngg.. SSuucchh llooccaattiioonnss wwiillll ggeenneerraallllyy ccooiinncciiddee wwiitthh ““VV//WW”” vvuullnneerraabbllee aaggrriiccuullttuurraall ssooiillss aanndd bbrreeaakkss iinn ssllooppeess..

22..33 DDOOCCUUMMEENNTTAATTIIOONN OOFF IIMMPPLLEEMMEENNTTAATTIIOONN PPRROOCCEEDDUURREESS TThhee PPrroojjeecctt SSppoonnssoorr wwiillll eexxppllaaiinn iinn tthhee EEMM&&CCPP nnaarrrraattiivvee hhooww tthhee rreessppeeccttiivvee ffeeaattuurreess ooff aaggrriiccuullttuurraall--rreellaatteedd mmiittiiggaattiioonn wwiillll bbee iinncclluuddeedd iinn tthhee ccoonnttrraaccttuuaall ssppeecciiffiiccaattiioonnss oorr ootthheerrwwiissee bbee ccaarrrriieedd oouutt.. TThhee nnaarrrraattiivvee wwiillll ddeessccrriibbee tthhee mmeetthhoodd bbyy wwhhiicchh tthhee PPrroojjeecctt SSppoonnssoorr''ss ssttaaffff aanndd tthhee ccoonnttrraaccttoorr''ss ffiieelldd ssuuppeerrvviissoorrss wwiillll bbee ttrraaiinneedd oonn tthhee aaggrriiccuullttuurraall mmiittiiggaattiioonn ppllaann,, wwhhiicchh iinncclluuddeess mmaannaaggeemmeenntt ccrriitteerriiaa aanndd ddeessiiggnneedd ssttaannddaarrddss aanndd pprraaccttiicceess.. 22..44 CCHHEERRRRYY TTRREEEE VVEEGGEETTAATTIIOONN TThhee PPrroojjeecctt SSppoonnssoorr wwiillll iiddeennttiiffyy BBllaacckk CChheerrrryy ttrreeeess llooccaatteedd oonn tthhee rriigghhtt--ooff--wwaayy nneeaarr aaccttiivvee lliivveessttoocckk uussee aarreeaass dduurriinngg EEMM&&CCPP ddeevveellooppmmeenntt.. BBllaacckk CChheerrrryy ttrreeee vveeggeettaattiioonn iiss ttooxxiicc ttoo lliivveessttoocckk wwhheenn ccuutt aanndd wwiilltteedd aanndd sshhaallll nnoott bbee ssttoocckkppiilleedd iinn aarreeaass aacccceessssiibbllee ttoo lliivveessttoocckk.. DDuurriinngg tthhee cclleeaarriinngg pphhaassee,, ssuucchh vveeggeettaattiioonn wwiillll bbee ddiissppoosseedd ooff iinn aa mmaannnneerr wwhhiicchh eelliimmiinnaatteess ccoonnttaacctt wwiitthh lliivveessttoocckk.. 22..55 TTRREENNCCHH CCRROOSSSSIINNGGSS TThhee ooppeenn ttrreenncchh wwiillll bbee ffeenncceedd aanndd tteemmppoorraarryy lliivveessttoocckk aanndd ffaarrmm eeqquuiippmmeenntt ccrroossssiinnggss ((oorr ttrreenncchh pplluuggss)) wwiillll bbee pprroovviiddeedd wwhheerree rreeqquueesstteedd aanndd//oorr nneeeeddeedd,, bbyy tthhee ffaarrmm oowwnneerr//ooppeerraattoorr.. 22..66 UUNNDDEERRLLAAYYMMEENNTT FFOORR RROOCCKK//GGRRAAVVEELL FFIILLLL WWhheerree aacccceessss rraammppss aarree rreeqquuiirreedd ffrroomm tthhee hhiigghhwwaayy ttoo tthhee ppiippeelliinnee ccoonnssttrruuccttiioonn aarreeaa iinn aaggrriiccuullttuurraall ffiieellddss,, aann uunnddeerrllaayymmeenntt ooff dduurraabbllee,, ggeeootteexxttiillee mmaattttiinngg wwiillll bbee ppllaacceedd oovveerr tthhee eexxppoosseedd ssuubbssooiill ssuurrffaaccee pprriioorr ttoo tthhee uussee ooff tteemmppoorraarryy ggrraavveell aacccceessss ffiillll mmaatteerriiaall.. AAllll ssuucchh mmaatteerriiaall wwiillll bbee rreemmoovveedd uuppoonn ccoommpplleettiioonn ooff tthhee pprroojjeecctt.. TThhee uussee ooff dduurraabbllee,, ggeeootteexxttiillee mmaattttiinngg aass aann uunnddeerrllaayymmeenntt hheellppss pprreevveenntt rroocckk aanndd ssttoonnee ffrroomm bbeeccoommiinngg eemmbbeeddddeedd iinn tthhee ssuubbssooiill

77

mmaatteerriiaall.. CCoommpplleettee rreemmoovvaall ooff tthhee rraammpp uuppoonn ccoommpplleettiioonn ooff tthhee pprroojjeecctt aanndd rreessttoorraattiioonn ooff tthhee iimmppaacctteedd ssiittee iiss rreeqquuiirreedd pprriioorr ttoo ttooppssooiill rreeppllaacceemmeenntt.. 22..77 DDEEPPTTHH OOFF CCOOVVEERR 22..77..11 CCrrooppllaanndd,, HHaayyllaanndd aanndd IImmpprroovveedd PPaassttuurree IInn ccrrooppllaanndd,, hhaayyllaanndd aanndd iimmpprroovveedd ppaassttuurree aa mmiinniimmuumm ddeepptthh ooff ffoorrttyy--eeiigghhtt iinncchheess ooff ccoovveerr wwiillll bbee rreeqquuiirreedd;; eexxcceepptt wwhheerree tthhee nneeww ppiippeelliinnee iiss llooccaatteedd ppaarraalllleell aanndd aaddjjaacceenntt ttoo aann oollddeerr eexxiissttiinngg ppiippeelliinnee tthhaatt wwaass bbuurriieedd wwiitthh lleessss tthhaann ffoorrttyy iinncchheess ooff ccoovveerr.. IIff ssuucchh aa ssiittuuaattiioonn ooccccuurrss,, aa mmiinniimmuumm ddeepptthh ooff ffoorrttyy iinncchheess ooff ccoovveerr wwiillll bbee rreeqquuiirreedd.. 22..77..22 UUnniimmpprroovveedd PPaassttuurree IInn uunniimmpprroovveedd ggrraazziinngg aarreeaass aanndd llaanndd ppeerrmmaanneennttllyy ddeevvootteedd ttoo ppaassttuurree,, aa mmiinniimmuumm ddeepptthh ooff tthhiirrttyy--ssiixx iinncchheess ooff ccoovveerr wwiillll bbee rreeqquuiirreedd.. 22..77..33 AArreeaass ooff SShhaallllooww SSooiill IInn aarreeaass wwhheerree tthhee ddeepptthh ooff ssooiill oovveerr bbeeddrroocckk rraannggeess ffrroomm zzeerroo ttoo ffoorrttyy--eeiigghhtt iinncchheess,, tthhee ppiippee sshhaallll bbee bbuurriieedd eennttiirreellyy bbeellooww tthhee ttoopp ooff tthhee bbeeddrroocckk oorr aatt tthhee ddeepptthh ssppeecciiffiieedd ffoorr tthhee ppaarrttiiccuullaarr llaanndd uussee ((sseeee 22..77..11 aanndd 22..77..22)),, wwhhiicchheevveerr iiss lleessss.. AAtt nnoo ttiimmee wwiillll tthhee ddeepptthh ooff ccoovveerr bbee lleessss tthhaann ttwweennttyy--ffoouurr iinncchheess bbeellooww tthhee ssooiill ssuurrffaaccee.. AAllll vvaarriiaanncceess ffrroomm tthhiiss wwiillll bbee cclleeaarrllyy ssttaatteedd iinn ccoonnttrraacctt ddooccuummeennttss,, ccoonnssttrruuccttiioonn ddrraawwiinnggss,, oorr ddeettaaiilleedd ddrraawwiinnggss ffoorr ssppeecciiaall aarreeaass oorr ccrroossssiinnggss.. 22..88 DDRRAAIINN LLIINNEE AALLLLOOWWAANNCCEE OOFF DDEEPPTTHH IInn eexxiissttiinngg aaggrriiccuullttuurraall ffiieellddss wwhheerree ffuuttuurree ssuurrffaaccee aanndd ssuubbssuurrffaaccee ddrraaiinnaaggee ppllaannss hhaavvee bbeeeenn iiddeennttiiffiieedd bbyy tthhee oowwnneerr//ooccccuuppaanntt oorr aarree oonn ffiillee wwiitthh tthhee SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriicctt pprriioorr ttoo EEMM&&CCPP ddeevveellooppmmeenntt,, tthhee PPrroojjeecctt SSppoonnssoorr wwiillll pprroovviiddee aaddeeqquuaattee ccoovveerr oovveerr tthhee ppiippee ttoo aallllooww tthhee ffuuttuurree iinnssttaallllaattiioonn ooff mmaajjoorr hheeaaddeerr ddrraaiinnss aanndd mmaaiinn ddrraaiinnss aaccrroossss tthhee rriigghhtt--ooff--wwaayy wwiitthhoouutt oobbssttrruuccttiioonn dduuee ttoo tthhee bbuurriiaall ddeepptthh ooff tthhee ppiippeelliinnee.. IItt wwiillll bbee tthhee rreessppoonnssiibbiilliittyy ooff tthhee AAgg SSppeecciiaalliisstt ttoo ddeetteerrmmiinnee tthhee rreeqquuiirreedd eelleevvaattiioonnss ooff tthhee ppiippeelliinnee ffoorr cclleeaarraannccee bbeettwweeeenn tthhee bboottttoomm ooff ffuuttuurree ddrraaiinn ssyysstteemmss aanndd tthhee ttoopp ooff tthhee ppiippeelliinnee.. DDeevviiaattiioonnss ttoo tthhee ssttaannddaarrdd ddeepptthh ooff ccoovveerr aass ddeettaaiilleedd iinn sseeccttiioonn 22..77 wwiillll bbee ssppeecciiffiieedd iinn tthhee EEMM&&CCPP.. 22..99 SSUUBBSSUURRFFAACCEE DDRRAAIINN RREEPPAAIIRR DDuurriinngg pprreeppaarraattiioonn ooff tthhee EEMM&&CCPP,, aa ddeettaaiilleedd ddrraaiinnaaggee lliinnee rreeppaaiirr pprroocceedduurree wwiillll bbee ddeevveellooppeedd ffoorr tthhee rreeppaaiirr ooff ccrruusshheedd//sseevveerreedd ccllaayy ttiillee aanndd ppllaassttiicc ddrraaiinn lliinneess.. TThhee pprroocceedduurree wwiillll bbee ddeevveellooppeedd bbyy tthhee AAgg SSppeecciiaalliisstt iinn ccoonnssuullttaattiioonn wwiitthh tthhee llooccaall SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriicctt.. SSppeecciiffiicc ddrraawwiinnggss sshhoowwiinngg tthhee ggeenneerriicc tteecchhnniiqquuee ttoo bbee iimmpplleemmeenntteedd ffoorr ddrraaiinn lliinnee rreeppaaiirrss wwiillll bbee pprroovviiddeedd bbyy tthhee PPrroojjeecctt SSppoonnssoorr.. TThhee ppllaann ffoorr tthhee rreeppllaacceemmeenntt ooff ffuunnccttiioonnaall ssttoonnee ddrraaiinnaaggee ssyysstteemmss sseevveerreedd dduurriinngg ppiippeelliinnee ccoonnssttrruuccttiioonn sshhaallll bbee pprreeppaarreedd dduurriinngg tthhee rreessttoorraattiioonn pphhaassee bbyy tthhee AAggrriiccuullttuurraall SSppeecciiaalliisstt,, iinn ccoonnssuullttaattiioonn wwiitthh AAgg && MMaarrkkeettss aanndd//oorr tthhee SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriicctt..

88

22..1100 AALLTTEERRNNAATTIIVVEE GGRRAAZZIINNGG PPLLAANNSS TThhee AAgg SSppeecciiaalliisstt((ss)) wwiillll wwoorrkk wwiitthh tthhee ffaarrmm ooppeerraattoorrss dduurriinngg tthhee ppllaannnniinngg pphhaassee ttoo ddeevveelloopp aa ppllaann ttoo ddeellaayy tthhee ppaassttuurriinngg ooff tthhee rriigghhtt--ooff--wwaayy,, ffoolllloowwiinngg ccoonnssttrruuccttiioonn,, uunnttiill ppaassttuurree aarreeaass aarree aaddeeqquuaatteellyy rreevveeggaattaatteedd.. TThhee PPrroojjeecctt SSppoonnssoorr wwiillll bbee rreessppoonnssiibbllee ffoorr mmaaiinnttaaiinniinngg tthhee tteemmppoorraarryy ffeenncceess oonn tthhee rriigghhtt--ooff--wwaayy uunnttiill tthhee AAgg SSppeecciiaalliisstt ddeetteerrmmiinneess tthhaatt tthhee vveeggaattaattiioonn oonn tthhee rriigghhtt--ooff--wwaayy iiss eessttaabblliisshheedd aanndd aabbllee ttoo aaccccoommmmooddaattee ggrraazziinngg.. AAtt ssuucchh ttiimmee,, tthhee PPrroojjeecctt SSppoonnssoorr wwiillll bbee rreessppoonnssiibbllee ffoorr tthhee rreemmoovvaall ooff tthhee ffeenncceess..

99

33..00 CCOONNSSTTRRUUCCTTIIOONN//RREESSTTOORRAATTIIOONN

33..11 CCOONNTTRROOLL OOFF TTRREENNCCHH WWAASSHHOOUUTTSS,, WWAATTEERR PPIIPPIINNGG AANNDD BBLLOOWWOOUUTTSS TTrreenncchh bbrreeaakkeerrss aarree iinnssttaalllleedd ffoorr tthhee dduuaall ppuurrppoossee ooff pprreevveennttiinngg ttrreenncchh wwaasshhoouuttss dduurriinngg ccoonnssttrruuccttiioonn aanndd aabbaattiinngg wwaatteerr ppiippiinngg aanndd bblloowwoouuttss ssuubbsseeqquueenntt ttoo ttrreenncchh bbaacckkffiillll.. TThhee ddiissttaannccee bbeettwweeeenn ppeerrmmaanneenntt ttrreenncchh bbrreeaakkeerrss mmaayy rraannggee ffrroomm tthhee rreellaattiivveellyy cclloossee--ssppaacceedd ffoorrmmuullaa ooff tthhee ttooee ooff tthhee uuppppeerr ttrreenncchh bbrreeaakkeerr bbeeiinngg lleevveell wwiitthh tthhee hheeaadd ooff tthhee lloowweerr ttrreenncchh bbrreeaakkeerr ttoo tthhee rreellaattiivveellyy ggrreeaatteerr ssppaacciinngg aass ddeettaaiilleedd oonn tthhee ssaammppllee ddrraawwiinngg ““TTRREENNCCHH BBRREEAAKKEERR SSPPAACCIINNGG”” oorr oonn tthhee ssaammppllee cchhaarrtt ““PPEERRMMAANNEENNTT SSLLOOPPEE BBRREEAAKKEERR SSPPAACCIINNGG””.. TThhee PPrroojjeecctt SSppoonnssoorr wwiillll rreeccoorrdd eeaacchh iinnssttaalllleedd ttrreenncchh bbrreeaakkeerr llooccaattiioonn,, bbyy mmaapp rreeffeerreenncceedd ssttaattiioonn--nnuummbbeerr.. 33..22 TTOOPPSSOOIILL PPRROOTTEECCTTIIOONN IInn aallll aaggrriiccuullttuurraall ppoorrttiioonnss ooff tthhee rriigghhtt--ooff--wwaayy,, ttooppssooiill wwiillll bbee rreemmoovveedd ffrroomm tthhee ssuubbssooiill ssttoocckkppiillee aarreeaa,, ttrreenncchh,, ccoonnssttrruuccttiioonn aasssseemmbbllyy aanndd ttrraaffffiicc zzoonneess.. TThhee ddeepptthh ooff ttooppssooiill rreemmoovvaall wwiillll iinncclluuddee aallll ooff tthhee ““AA”” hhoorriizzoonn ddoowwnn ttoo tthhee bbeeggiinnnniinngg ooff tthhee ssuubbssooiill ""BB"" hhoorriizzoonn,, ggeenneerraallllyy nnoott ttoo eexxcceeeedd aa mmaaxxiimmuumm ooff 1122 iinncchheess.. TTooppssooiill rreemmoovvaall uupp ttoo aa ddeepptthh ooff 1166 iinncchheess wwiillll bbee rreeqquuiirreedd iinn ssppeecciiaallllyy ddeessiiggnnaatteedd ssooiillss eennccoouunntteerreedd aalloonngg tthhee ppiippeelliinnee rroouuttee aanndd iiddeennttiiffiieedd iinn tthhee EEMM&&CCPP.. AAllll ttooppssooiill wwiillll bbee ssttoocckkppiilleedd aanndd sseeppaarraatteedd ffrroomm ootthheerr eexxccaavvaatteedd mmaatteerriiaallss.. TThhee AAggrriiccuullttuurraall SSppeecciiaalliisstt wwiillll ddeetteerrmmiinnee ddeepptthh ooff ttooppssooiill ssttrriippppiinngg ppeerr aaffffeecctteedd ffaarrmm dduurriinngg EEMM&&CCPP ddeevveellooppmmeenntt bbyy mmeeaannss ooff tthhee CCoouunnttyy SSooiill SSuurrvveeyy aanndd oonn--ssiittee ssooiill aauuggeerriinngg,, iiff nneecceessssaarryy.. AAllll ttooppssooiill mmaatteerriiaall wwiillll bbee ssttrriippppeedd,, ssttoocckkppiilleedd,, aanndd uunniiffoorrmmllyy rreettuurrnneedd ttoo rreessttoorree tthhee oorriiggiinnaall ssooiill pprrooffiillee.. DDuurriinngg tthhee cclleeaarriinngg//ccoonnssttrruuccttiioonn pphhaassee,, ssiittee ssppeecciiffiicc ddeepptthhss ooff ttooppssooiill ssttrriippppiinngg wwiillll bbee mmoonniittoorreedd bbyy tthhee AAggrriiccuullttuurraall SSppeecciiaalliisstt.. WWhheerree rriigghhtt--ooff--wwaayy ccoonnssttrruuccttiioonn rreeqquuiirreess ccuutt--aanndd--ffiillll ooff tthhee ssooiill pprrooffiillee aaccrroossss ggrraaddeess,, ttoo tthhee eexxtteenntt pprraaccttiiccaabbllee,, ttooppssooiill ssttoocckkppiilliinngg wwiillll bbee llooccaatteedd oonn tthhee uuppssllooppee eeddggee ooff tthhee rriigghhtt--ooff--wwaayy.. WWhheerree ttooppssooiill ccaannnnoott bbee sseeppeerraatteellyy ssttoorreedd oonn tthhee uuppssllooppee ssiiddee,, ssuuiittaabbllee rriigghhtt--ooff--wwaayy ssppaaccee wwiillll bbee pprroovviiddeedd oonn tthhee ddoowwnnssllooppee ssiiddee ttoo eennssuurree tthhee ccoommpplleettee sseeggrreeggaattiioonn ooff tthhee ttooppssooiill ffrroomm aallll ccuutt--aanndd--ffiillll mmaatteerriiaall.. RRiigghhtt--ooff--wwaayy wwiiddtthh ffoorr aaggrriiccuullttuurraall llaannddss wwiillll ggeenneerraallllyy bbee tthhee mmaaxxiimmuumm nneecceessssaarryy ttoo aallllooww aaddeeqquuaattee ssppaaccee ffoorr ttrraaffffiicc,, tthhee ttrreenncchh aanndd ccoonnssttrruuccttiioonn aarreeaa,, aanndd tthhee sseeppaarraattee ssttoocckkppiilleess ooff bbootthh ttooppssooiill aanndd ssppooiill mmaatteerriiaall.. EExxcceepptt iinn ssppeecciiaall ccoonnddiittiioonnss,, ssuucchh aass rrooaadd aanndd ssttrreeaamm ccrroossssiinnggss tthhaatt mmaayy rreeqquuiirree aa ggrreeaatteerr wwoorrkkiinngg aarreeaa,, tthhee tteemmppoorraarryy rriigghhtt--ooff--wwaayy ccoonnssttrruuccttiioonn wwiiddtthh sshhoouulldd rraannggee ffrroomm aa mmiinniimmuumm ooff 8800 ffeeeett ffoorr aa 1122 iinncchh ddiiaammeetteerr ppiippeelliinnee11,, ttoo aa mmaaxxiimmuumm ooff 112255 ffeeeett ffoorr aa 3366 iinncchh ddiiaammeetteerr lliinnee.. IInn pprroojjeeccttss uussiinngg tthhee rreellaattiivveellyy wwiiddee ttrreenncchhiinngg mmeetthhoodd ttoo mmeeeett ccoonnssttrruuccttiioonn wwoorrkkeerr ssaaffeettyy rreeqquuiirreemmeennttss,, aa pprrooppoorrttiioonnaallllyy wwiiddeerr rriigghhtt--ooff--wwaayy wwiillll bbee tteemmppoorraarriillyy aaccqquuiirreedd..

11 TThhee tteerrmm ““mmiinniimmuumm”” rreeffeerrss ttoo tthhee aabbssoolluuttee mmiinniimmuumm wwiiddtthh ooff tthhee tteemmppoorraarryy ccoonnssttrruuccttiioonn rriigghhtt--ooff--wwaayy,, uunnddeerr tthhee vveerryy bbeesstt ooff wwoorrkkiinngg ccoonnddiittiioonnss:: tthhaatt iiss,, aa lleevveell ffaarrmmssccaappee oonn ddeeeepp,, wweellll ddrraaiinneedd ssooiill.. AAnn 8800 ffeeeett wwiiddtthh,, hhoowweevveerr,, iiss nnoott aaddeeqquuaattee aass tthhee iinniittiiaall,, ““aavvaaiillaabbllee wwiiddtthh”” tthhrroouugghh ffaarrmmllaannddss wwiitthh mmiilldd,, rroolllliinngg oorr mmooddeerraatteellyy sstteeeepp ssllooppeess,, nnoorr oonn ssooiillss tthhaatt aarree lleessss tthhaann wweellll ddrraaiinneedd oorr sshhaallllooww ttoo bbeeddrroocckk.. IInn tthhoossee ssiittuuaattiioonnss,, tthhee mmiinniimmuumm aavvaaiillaabbllee wwiiddtthh ooff tteemmppoorraarryy ccoonnssttrruuccttiioonn rriigghhtt--ooff--wwaayy sshhoouulldd bbee 9900 ffeeeett.. TThhiiss aalllloowwss ffoorr tthhee iinnhheerreenntt ccuutt--aanndd--ffiillll ggrraaddiinngg;; tthhee ddrriifftt ooff wweett ssuubbssooiill mmuuddss//ssppooiill mmaatteerriiaallss;; aanndd tthhee ssppeecciiaall ccoonncceerrnnss ooff sshhaallllooww bbeeddrroocckk ssooiillss,, wwiitthhoouutt jjeeooppaarrddiizziinngg tthhee pprrootteeccttiioonn ooff tthhee ssttoocckkppiilleedd ttooppssooiill mmaatteerriiaallss.. CCeerrttaaiinn ssiittee--ssppeecciiffiicc ccoonnddiittiioonnss mmaayy aaccccoommmmooddaattee tthhee ffaarrmmllaanndd pprrootteeccttiioonn iinn aa sslliigghhttllyy nnaarrrroowweerr ssppaaccee,, lleeaavviinngg ssoommee ooff tthhee tteemmppoorraarryy rriigghhtt--ooff--wwaayy uunnuusseedd.. NNeevveerrtthheelleessss,, tthhee aavvaaiillaabbiilliittyy ooff tthhee 9900 ffeeeett ffoorr tthhee ccoonnssttrruuccttiioonn ooff aa 1122 iinncchh ppiippeelliinnee sshhoouulldd bbee pprroovviiddeedd ffoorr tthhee tteemmppoorraarryy ppeerriiooddss ooff ccoonnssttrruuccttiioonn aanndd rreessttoorraattiioonn..

1100

33..33 SSUUBBSSOOIILL PPRROOTTEECCTTIIOONN ((SSHHAALLLLOOWW SSOOIILLSS)) CCoonnssttrruuccttiioonn tthhrroouugghh ffaarrmm ssooiillss ddoommiinnaatteedd bbyy aa sshhaallllooww ddeepptthh ttoo bbeeddrroocckk ccaann rreessuulltt iinn aa ssiiggnniiffiiccaanntt lloossss ooff,, oorr ppeerrmmaanneenntt ddaammaaggee ttoo,, tthhee ssuubbssooiill oorr ““BB”” hhoorriizzoonn aanndd ccoorrrreessppoonnddiinngg ddaammaaggee ttoo tthhee ssooiill pprrooffiillee,, rreeggaarrddlleessss ooff tthhee mmeeaassuurreess eemmppllooyyeedd ttoo pprrootteecctt tthhee ttooppssooiill ((““AA”” hhoorriizzoonn)) mmaatteerriiaall.. TThhee ssttrruuccttuurree aanndd tthhiicckknneessss ooff tthhee tthhiinn llaayyeerr ooff rreemmaaiinniinngg ssuubbssooiill oovveerr bbeeddrroocckk ccaann bbee aaddvveerrsseellyy iimmppaacctteedd aass aa rreessuulltt ooff ggrraaddiinngg,, ccoonnssttrruuccttiioonn ttrraaffffiicc aanndd ttrreenncchh eexxccaavvaattiioonn aass wweellll aass bbaacckkffiilllliinngg tthhaatt iinnvvoollvveess bbeeddrroocckk mmaatteerriiaall.. TThhee aaccttuuaall nneeeedd ffoorr ssuubbssooiill pprrootteeccttiioonn,, aass wweellll aass tthhee mmeetthhoodd ttoo bbee eemmppllooyyeedd,, mmuusstt bbee bbaasseedd oonn pprroojjeecctt--ssppeecciiffiicc ffaaccttoorrss iinncclluuddiinngg tthhee ddiiaammeetteerr ooff tthhee ppiippeelliinnee ttoo bbee ccoonnssttrruucctteedd,, tthhee ssiittee--ssppeecciiffiicc ddeepptthh ttoo bbeeddrroocckk aanndd tthhee tthhiicckknneessss ooff tthhee ssuubbssooiill.. AAmmoonngg tthhee ccoonnssttrruuccttiioonn pphhaassee mmeeaassuurreess tthhaatt mmaayy hheellpp ttoo mmiinniimmiizzee ddaammaaggeess aarree:: •• SSttrriippppiinngg aanndd sseeppeerraatteellyy ssttoocckkppiilliinngg tthhee ““BB”” hhoorriizzoonn ooff tthhee rriigghhtt--ooff--wwaayy ffoorr aa ddeepptthh ooff 1122

iinncchheess oorr ttoo tthhee ttoopp ooff tthhee bbeeddrroocckk,, wwhhiicchheevveerr iiss sshhaalllloowweerr;; oorr,, ssttrriippppiinngg aanndd sseeppeerraatteellyy ssttoocckkppiilliinngg tthhee ““BB”” hhoorriizzoonn ffrroomm tthhee ffuullll ttoopp wwiiddtthh ooff tthhee ttrreenncchh aanndd ssppooiill ppiillee zzoonnee..

•• RReemmoovviinngg eexxccaavvaatteedd bbeeddrroocckk mmaatteerriiaallss ffrroomm tthhee ssiittee aatt tthhee ttiimmee ooff eexxccaavvaattiioonn.. •• Backfilling the work trench with imported subsoil material. Backfilling the work trench with imported subsoil material. 33.4 BLASTING REQUIREMENTS .4 BLASTING REQUIREMENTS IIn agricultural areas of till over bedrock which requires blasting, the Project Sponsor will use matting or controlled blasting to limit the dispersion of blast rock fragments. Farm owners/operators will be given timely notice prior to blasting on farm property.

n agricultural areas of till over bedrock which requires blasting, the Project Sponsor will usematting or controlled blasting to limit the dispersion of blast rock fragments. Farmowners/operators will be given timely notice prior to blasting on farm property. 33..55 SSUUPPPPLLEEMMEENNTTAALL BBAACCKKFFIILLLL MMAATTEERRIIAALLSS IInn aaggrriiccuullttuurraall aarreeaass wwhheerree tthhee mmaatteerriiaallss eexxccaavvaatteedd dduurriinngg ttrreenncchhiinngg aarree iinnssuuffffiicciieenntt iinn qquuaannttiittyy ttoo mmeeeett bbaacckkffiillll rreeqquuiirreemmeennttss,, tthhee ssooiill ooff aannyy aaggrriiccuullttuurraall llaanndd aaddjjaacceenntt ttoo tthhee ttrreenncchh aanndd ccoonnssttrruuccttiioonn zzoonnee wwiillll nnoott bbee uusseedd aass eeiitthheerr bbaacckkffiillll oorr ssuurrffaaccee ccoovveerr mmaatteerriiaall.. UUnnddeerr nnoo cciirrccuummssttaanncceess wwiillll aannyy ttooppssooiill mmaatteerriiaall bbee uusseedd ffoorr ppiippee ppaaddddiinngg mmaatteerriiaall oorr ttrreenncchh bbaacckkffiillll.. IInn ssiittuuaattiioonnss wwhheerree iimmppoorrtteedd ssooiill mmaatteerriiaallss aarree eemmppllooyyeedd ffoorr bbaacckkffiillll oonn aaggrriiccuullttuurraall llaannddss,, ssuucchh mmaatteerriiaall sshhaallll bbee ooff ssiimmiillaarr tteexxttuurree ttoo tthhee eexxiissttiinngg ssooiillss oonn ssiittee.. IInn oorrddeerr ttoo ssaattiissffyy aaggrriiccuullttuurraall rreessttoorraattiioonn rreeqquuiirreemmeennttss,, aa ppoorrttiioonn ooff aa ffaarrmm''ss nnoonn--ccrrooppllaanndd mmaayy,, iinn ssoommee ssppeecciiffiicc iinnssttaanncceess,, bbee ccoonnssiiddeerreedd aass aann aalltteerrnnaattiivvee ssoouurrccee ooff iimmppoorrtteedd ssooiillss.. 33..66 BBAACCKKFFIILLLL PPRROOFFIILLEE AANNDD TTRREENNCCHH CCRROOWWNNIINNGG IInn aarreeaass ooff ccrrooppllaanndd,, iinncclluuddiinngg rroottaattiioonn hhaayyllaanndd,, ppeerrmmaanneenntt hhaayyllaanndd aanndd iimmpprroovveedd ppaassttuurreellaanndd,, rriippppeedd oorr bbllaasstteedd bbeeddrroocckk oorr ccoonncceennttrraatteedd vvoolluummeess ooff eexxccaavvaatteedd ssttoonnee oorr rroocckk mmaatteerriiaall mmaayy bbee uusseedd ffoorr bbaacckkffiillll,, bbuutt nnoo cclloosseerr tthhaann ttwweennttyy ffoouurr ((2244)) iinncchheess iinn mmeessiicc ssooiillss nnoorr tthhiirrttyy ((3300)) iinncchheess iinn ffrriiggiidd ssooiillss ffrroomm tthhee eexxppoosseedd wwoorrkkiinngg ccoonnssttrruuccttiioonn ssuurrffaaccee ooff tthhee rriigghhtt--ooff--wwaayy.. ((TToo ddeetteerrmmiinnee

1111

tthhee tteemmppeerraattuurree rreeggiimmee ooff tthhee ssooiill,, ccoonnssuulltt tthhee UU..SS..DD..AA.. NNaattuurraall RReessoouurrcceess CCoonnsseerrvvaattiioonn SSeerrvviiccee,, ffoorrmmeerrllyy SS..CC..SS..)).. AAllll eexxcceessss rroocckk nnoott uuttiilliizzeedd aass ttrreenncchh bbaacckkffiillll wwiillll bbee hhaauulleedd aawwaayy.. TThhee rreemmaaiinniinngg bbaacckkffiillll mmaatteerriiaallss wwiillll ccoonnssiisstt ooff ssuuiittaabbllee ssuubbssooiill oovveerr tthhee rroocckk ffiillll mmaatteerriiaall.. TTrreenncchh ccrroowwnniinngg wwiillll ooccccuurr dduurriinngg tthhee bbaacckkffiillll ooppeerraattiioonn ooff tthhee ccoonnssttrruuccttiioonn pphhaassee,, uussiinngg ssuubbssooiill mmaatteerriiaallss oovveerr tthhee ttrreenncchh ttoo aallllooww ffoorr ttrreenncchh sseettttlliinngg.. TThhee ssttoocckkppiilleedd ttooppssooiill wwiillll bbee sspprreeaadd oovveerr tthhee eennttiirree aaffffeecctteedd rriigghhtt--ooff--wwaayy,, aafftteerr tthhee iinniittiiaall rriippppiinngg ooff tthhee eexxppoosseedd ssuubbssooiill aanndd tthhee rroocckk cclleeaannuupp hhaass bbeeeenn ccoommpplleetteedd.. IInn aarreeaass wwhheerree ttrreenncchh sseettttlliinngg ooccccuurrss aafftteerr ttooppssooiill sspprreeaaddiinngg,, iimmppoorrtteedd ttooppssooiill wwiillll bbee uusseedd ttoo ffiillll eeaacchh ddeepprreessssiioonn.. TTooppssooiill ffrroomm tthhee rriigghhtt--ooff--wwaayy oorr ffrroomm aaddjjaacceenntt aaggrriiccuullttuurraall llaanndd wwiillll nnoott bbee uusseedd ttoo bbaacckkffiillll ddeepprreessssiioonnss.. 33..77 SSUUBBSSOOIILL RRIIPPPPIINNGG,, SSTTOONNEE RREEMMOOVVAALL,, TTOOPPSSOOIILL CCOOVVEERR AANNDD SSUUBBSSOOIILL

SSHHAATTTTEERRIINNGG IInn aallll aaggrriiccuullttuurraall sseeccttiioonnss ooff tthhee rriigghhtt--ooff--wwaayy wwhheerree ttooppssooiill iiss ssttrriippppeedd,, tthhee PPrroojjeecctt SSppoonnssoorr sshhaallll bbrreeaakk uupp tthhee eexxppoosseedd ccoonnssttrruuccttiioonn ssuurrffaaccee ssuubbssooiill wwiitthh ddeeeepp ttiillllaaggee bbyy ssuucchh ddeevviicceess aass aa ddeeeepp--rriippppeerr oorr hheeaavvyy dduuttyy cchhiisseell ppllooww.. FFoolllloowwiinngg tthhee ddeeeepp rriippppiinngg aanndd cchhiisseelliinngg,, aallll ssttoonnee aanndd rroocckk mmaatteerriiaall ffoouurr iinncchheess aanndd llaarrggeerr iinn ssiizzee wwhhiicchh hhaass bbeeeenn lliifftteedd ttoo tthhee ssuurrffaaccee sshhaallll bbee ccoolllleecctteedd aanndd ttaakkeenn ooffff ssiittee ffoorr ddiissppoossaall.. UUppoonn aapppprroovvaall ooff tthhee ssuubbssooiill ddeeccoommppaaccttiioonn aanndd tthhee ssttoonnee rreemmoovvaall bbyy tthhee AAggrriiccuullttuurraall SSppeecciiaalliisstt,, tthhee ttooppssooiill tthhaatt hhaass bbeeeenn tteemmppoorraarriillyy rreemmoovveedd ffoorr tthhee ppeerriioodd ooff ccoonnssttrruuccttiioonn sshhaallll tthheenn bbee rreeppllaacceedd.. FFiinnaallllyy,, ddeeeepp ssuubbssooiill sshhaatttteerriinngg sshhaallll bbee ppeerrffoorrmmeedd wwiitthh aa ssuubbssooiilleerr ttooooll hhaavviinngg aanngglleedd lleeggss.. SSttoonnee rreemmoovvaall sshhaallll bbee ccoommpplleetteedd,, aass nneecceessssaarryy,, ttoo eelliimmiinnaattee aannyy aaddddiittiioonnaall rroocckkss aanndd ssttoonneess bbrroouugghhtt ttoo tthhee ssuurrffaaccee aass aa rreessuulltt ooff tthhee ffiinnaall ssuubbssooiill sshhaatttteerriinngg pprroocceessss.. DDuuee ttoo tthhee ggeenneerraallllyy uunnssuuiittaabbllee wweeaatthheerr ffoorr ccoonnttiinnuuiinngg aaggrriiccuullttuurraall llaanndd rreessttoorraattiioonn iinn llaattee aauuttuummnn,, ssuubbssooiill ddeeccoommppaaccttiioonn aanndd ttooppssooiill rreeppllaacceemmeenntt aaccttiivviittiieess sshhaallll nnoott bbee ppeerrffoorrmmeedd aafftteerr OOccttoobbeerr 11,, uunnlleessss aapppprroovveedd oonn aa ssiittee--ssppeecciiffiicc bbaassiiss bbyy tthhee cceerrttiiffyyiinngg aaggeennccyy aanndd AAgg aanndd MMaarrkkeettss iinn ccoonnssuullttaattiioonn wwiitthh tthhee AAggrriiccuullttuurraall SSppeecciiaalliisstt..

1122

44..00 TTWWOO YYEEAARR MMOONNIITTOORRIINNGG AANNDD RREEMMEEDDIIAATTIIOONN

TThhee PPrroojjeecctt SSppoonnssoorr wwiillll pprroovviiddee aa mmoonniittoorriinngg aanndd rreemmeeddiiaattiioonn ppeerriioodd ooff nnoo lleessss tthhaann ttwwoo yyeeaarrss iimmmmeeddiiaatteellyy ffoolllloowwiinngg tthhee ffuullll--lleennggtthh aaccttiivvaattiioonn ooff tthhee ppiippeelliinnee oorr tthhee ccoommpplleettiioonn ooff iinniittiiaall rriigghhtt--ooff--wwaayy rreessttoorraattiioonn,, wwhhiicchheevveerr ooccccuurrss llaasstt.. TThhee ttwwoo yyeeaarr ppeerriioodd aalllloowwss ffoorr tthhee eeffffeeccttss ooff cclliimmaattiicc ccyycclleess ssuucchh aass ffrroosstt aaccttiioonn,, pprreecciippiittaattiioonn aanndd ggrroowwiinngg sseeaassoonnss ttoo ooccccuurr,, ffrroomm wwhhiicchh vvaarriioouuss mmoonniittoorriinngg ddeetteerrmmiinnaattiioonnss ccaann bbee mmaaddee.. TThhee PPrroojjeecctt SSppoonnssoorr wwiillll mmaaiinnttaaiinn aa pprroojjeecctt wwoorrkk sspprreeaadd AAggrriiccuullttuurraall SSppeecciiaalliisstt oonn aatt lleeaasstt aa ppaarrtt--ttiimmee bbaassiiss tthhrroouugghh tthhiiss ppeerriioodd.. TThhee mmoonniittoorriinngg aanndd rreemmeeddiiaattiioonn pphhaassee wwiillll bbee uusseedd ttoo iiddeennttiiffyy aannyy rreemmaaiinniinngg aaggrriiccuullttuurraall iimmppaaccttss aassssoocciiaatteedd wwiitthh rriigghhtt--ooff--wwaayy ccoonnssttrruuccttiioonn tthhaatt aarree iinn nneeeedd ooff mmiittiiggaattiioonn aanndd ttoo iimmpplleemmeenntt tthhee ffoollllooww--uupp rreessttoorraattiioonn.. 44..11 GGEENNEERRAALL MMOONNIITTOORRIINNGG AANNDD RREEMMEEDDIIAATTIIOONN GGeenneerraall rriigghhtt--ooff--wwaayy ccoonnddiittiioonnss ttoo bbee mmoonniittoorreedd iinncclluuddee ttooppssooiill tthhiicckknneessss,, rreellaattiivvee ccoonntteenntt ooff rroocckk aanndd llaarrggee ssttoonneess,, ttrreenncchh sseettttlliinngg,, ccrroopp pprroodduuccttiioonn,, ddrraaiinnaaggee aanndd rreeppaaiirr ooff sseevveerreedd ffeenncceess,, eettcc.. IImmppaaccttss wwiillll bbee iiddeennttiiffiieedd tthhrroouugghh oonn ssiittee mmoonniittoorriinngg ooff aallll aaggrriiccuullttuurraall aarreeaass aalloonngg tthhee rriigghhtt--ooff--wwaayy aanndd tthhrroouugghh ccoonnttaacctt wwiitthh rreessppeeccttiivvee ffaarrmmllaanndd ooppeerraattoorrss aanndd CCoouunnttyy SSooiill aanndd WWaatteerr CCoonnsseerrvvaattiioonn DDiissttrriiccttss.. TTooppssooiill ddeeffiicciieennccyy aanndd ttrreenncchh sseettttlliinngg sshhaallll bbee mmiittiiggaatteedd wwiitthh iimmppoorrtteedd ttooppssooiill tthhaatt iiss ccoonnssiisstteenntt wwiitthh tthhee qquuaalliittyy ooff ttooppssooiill oonn tthhee aaffffeecctteedd ssiittee.. EExxcceessssiivvee aammoouunnttss ooff rroocckk aanndd oovveerrssiizzeedd ssttoonnee mmaatteerriiaall wwiillll bbee ddeetteerrmmiinneedd bbyy aa vviissuuaall iinnssppeeccttiioonn ooff tthhee rriigghhtt--ooff--wwaayy aanndd ppeerriiooddiicc pprroobbeess ooff tthhee ttrreenncchh aarreeaa.. RReessuullttss wwiillll bbee ccoommppaarreedd ttoo ppoorrttiioonnss ooff tthhee ssaammee ffiieelldd llooccaatteedd oouuttssiiddee ooff tthhee rriigghhtt--ooff--wwaayy.. IInncclluuddeedd iinn tthhee ddeetteerrmmiinnaattiioonn ooff rreellaattiivvee rroocckk aanndd llaarrggee ssttoonnee ccoonntteenntt iiss tthhee rriigghhtt--ooff--wwaayy’’ss ccoonnddiittiioonn ssuubbsseeqquueenntt ttoo ffaarrmm pplloowwiinngg//ttiillllaaggee aanndd tthhee rreellaattiivvee ccoonncceennttrraattiioonn ooff ssuucchh mmaatteerriiaallss wwiitthhiinn tthhee rriigghhtt--ooff--wwaayy aass ccoommppaarreedd ttoo ooffff tthhee rriigghhtt--ooff--wwaayy.. AAllll eexxcceessss rroocckkss aanndd llaarrggee ssttoonneess wwiillll bbee rreemmoovveedd aanndd ddiissppoosseedd ooff bbyy tthhee PPrroojjeecctt SSppoonnssoorr.. OOnn ssiittee mmoonniittoorriinngg sshhaallll bbee ccoonndduucctteedd aatt lleeaasstt tthhrreeee ttiimmeess dduurriinngg tthhee ggrroowwiinngg sseeaassoonn aanndd sshhaallll iinncclluuddee aa ccoommppaarriissoonn ooff ggrroowwtthh aanndd yyiieelldd ffoorr ccrrooppss oonn aanndd ooffff tthhee rriigghhtt--ooff--wwaayy.. WWhheenn tthhee ssuubbsseeqquueenntt ccrroopp pprroodduuccttiivviittyy wwiitthhiinn tthhee aaffffeecctteedd rriigghhtt--ooff--wwaayy iiss lleessss tthhaann tthhaatt ooff tthhee aaddjjaacceenntt uunnaaffffeecctteedd aaggrriiccuullttuurraall llaanndd,, tthhee AAggrriiccuullttuurraall SSppeecciiaalliisstt,, iinn ccoonnjjuunnccttiioonn wwiitthh tthhee PPrroojjeecctt SSppoonnssoorr aass wweellll aass ootthheerr aapppprroopprriiaattee oorrggaanniizzaattiioonnss,, wwiillll hheellpp ttoo ddeetteerrmmiinnee tthhee aapppprroopprriiaattee rreehhaabbiilliittaattiioonn mmeeaassuurreess ffoorr tthhee PPrroojjeecctt SSppoonnssoorr ttoo iimmpplleemmeenntt.. DDuurriinngg tthhee vvaarriioouuss ssttaaggeess ooff tthhee pprroojjeecctt,, aallll aaffffeecctteedd ffaarrmm ooppeerraattoorrss wwiillll bbee ppeerriiooddiiccaallllyy aapppprriisseedd ooff tthhee dduurraattiioonn ooff rreemmeeddiiaattiioonn bbyy tthheeiirr rreessppeeccttiivvee wwoorrkk sspprreeaadd AAggrriiccuullttuurraall SSppeecciiaalliisstt.. BBeeccaauussee ccoonnddiittiioonnss wwhhiicchh rreeqquuiirree rreemmeeddiiaattiioonn mmaayy nnoott bbee nnoottiicceeaabbllee aatt oorr sshhoorrttllyy aafftteerr tthhee ccoommpplleettiioonn ooff ccoonnssttrruuccttiioonn,, tthhee ssiiggnniinngg ooff aa rreelleeaassee ffoorrmm pprriioorr ttoo tthhee eenndd ooff tthhee rreemmeeddiiaattiioonn ppeerriioodd wwiillll nnoott oobbvviiaattee tthhee PPrroojjeecctt SSppoonnssoorr’’ss rreessppoonnssiibbiilliittyy ttoo ffuullllyy rreeddrreessss aallll pprroojjeecctt iimmppaaccttss.. AAfftteerr ccoommpplleettiioonn ooff tthhee ssppeecciiffiicc rreemmeeddiiaattiioonn ppeerriioodd,, tthhee PPrroojjeecctt SSppoonnssoorr wwiillll ccoonnttiinnuuee ttoo rreessppoonndd ttoo tthhee rreeaassoonnaabbllee rreeqquueessttss ooff tthhee ffaarrmmllaanndd oowwnneerr//ooppeerraattoorrss ttoo ccoorrrreecctt pprroojjeecctt rreellaatteedd aaffffeeccttss oonn tthhee iimmppaacctteedd aaggrriiccuullttuurraall rreessoouurrcceess.. 44..22 SSPPEECCIIFFIICC MMOONNIITTOORRIINNGG AANNDD RREEMMEEDDIIAATTIIOONN

1133

44..22..11 CCoommppaaccttiioonn TTeessttiinngg aanndd RReemmeeddiiaall AAccttiioonn AAfftteerr tthhee mmooiissttuurree ooff tthhee ssooiill pprrooffiillee oonn tthhee aaffffeecctteedd rriigghhtt--ooff--wwaayy hhaass rreettuurrnneedd ttoo eeqquuiilliibbrriiuumm wwiitthh tthhee aaddjjaacceenntt ooffff rriigghhtt--ooff--wwaayy llaanndd,, ssuubbssooiill ccoommppaaccttiioonn wwiillll bbee tteesstteedd uussiinngg aann aapppprroopprriiaattee ssooiill ppeenneettrroommeetteerr oorr ootthheerr ssooiill ccoommppaaccttiioonn mmeeaassuurriinngg ddeevviiccee.. CCoommppaaccttiioonn tteessttss wwiillll bbee mmaaddee ffoorr eeaacchh ssooiill ttyyppee iiddeennttiiffiieedd oonn tthhee aaffffeecctteedd aaggrriiccuullttuurraall ffiieellddss.. TThhee ssuubbssooiill ccoommppaaccttiioonn tteesstt rreessuullttss wwiitthhiinn tthhee rriigghhtt--ooff--wwaayy wwiillll bbee ccoommppaarreedd wwiitthh tthhoossee ooff tthhee aaddjjaacceenntt ooffff rriigghhtt--ooff--wwaayy ppoorrttiioonn ooff tthhee aaffffeecctteedd ffaarrmm ffiieelldd//ssooiill uunniitt.. WWhheerree rreepprreesseennttaattiivvee ssuubbssooiill ddeennssiittyy oonn tthhee rriigghhtt--ooff--wwaayy eexxcceeeeddss tthhee rreepprreesseennttaattiivvee ssuubbssooiill ddeennssiittyy oouuttssiiddee tthhee rriigghhtt--ooff--wwaayy,, aaddddiittiioonnaall sshhaatttteerriinngg ooff tthhee ssooiill pprrooffiillee wwiillll bbee ppeerrffoorrmmeedd uussiinngg aa ddeeeepp,, aanngglleedd--lleegg ssuubbssooiilleerr ttooooll.. DDeeeepp sshhaatttteerriinngg wwiillll bbee aapppplliieedd dduurriinngg ppeerriiooddss ooff rreellaattiivveellyy llooww ssooiill mmooiissttuurree ttoo eennssuurree tthhee ddeessiirreedd mmiittiiggaattiioonn aanndd ttoo pprreevveenntt aaddddiittiioonnaall ssuubbssooiill ccoommppaaccttiioonn.. OOvveerrssiizzeedd ssttoonnee//rroocckk mmaatteerriiaall wwhhiicchh iiss uupplliifftteedd ttoo tthhee ssuurrffaaccee aass aa rreessuulltt ooff tthhee ddeeeepp sshhaatttteerriinngg wwiillll bbee rreemmoovveedd.. IInn tthhee eevveenntt tthhaatt ssuubbsseeqquueenntt ccoonnssttrruuccttiioonn oorr cclleeaann--uupp aaccttiivviittiieess rreessuulltt iinn nneeww ccoommppaaccttiioonn,, aaddddiittiioonnaall ddeeeepp ttiillllaaggee wwiillll bbee ppeerrffoorrmmeedd ttoo aalllleevviiaattee ssuucchh ccoommppaaccttiioonn.. 44..22..22 CCoonnttrrooll ooff SSooiill SSaattuurraattiioonnss aanndd SSeeeeppss FFoorr llaannddss ddiissttuurrbbeedd wwiitthhiinn oorr aaddjjooiinneedd ttoo aaggrriiccuullttuurraall aarreeaass wwhheerree tthhee ccoonnssttrruuccttiioonn aalltteerrss tthhee nnaattuurraall ssttrraattiiffiiccaattiioonn ooff ssooiill hhoorriizzoonnss aanndd nnaattuurraall ssooiill ddrraaiinnaaggee ppaatttteerrnnss,, tthhee PPrroojjeecctt SSppoonnssoorr wwiillll rreeccttiiffyy tthhee eeffffeeccttss wwiitthh mmeeaassuurreess ssuucchh aass ssuubbssuurrffaaccee iinntteerrcceepptt ddrraaiinn lliinneess.. SSeelleeccttiioonn ooff tthhee ttyyppee ooff iinntteerrcceepptt ddrraaiinn lliinneess ttoo iinnssttaallll ttoo pprreevveenntt ssuurrffaaccee sseeeeppss aanndd tthhee sseeaassoonnaallllyy pprroolloonnggeedd ssaattuurraattiioonn ooff tthhee bbaacckkffiilllleedd ttrreenncchh zzoonnee aanndd aaddjjaacceenntt aarreeaass wwiillll bbee ppeerrffoorrmmeedd bbyy aa qquuaalliiffiieedd AAggrriiccuullttuurraall SSppeecciiaalliisstt.. DDrraawwiinnggss ooff ssuucchh ddrraaiinn llooccaattiioonnss wwiillll bbee pprroovviiddeedd bbyy tthhee PPrroojjeecctt SSppoonnssoorr dduurriinngg mmoonniittoorriinngg aanndd ffoollllooww--uupp rreemmeeddiiaattiioonn.. AAllll ddrraaiinn lliinneess wwiillll bbee iinnssttaalllleedd aaccccoorrddiinngg ttoo NNaattuurraall RReessoouurrccee CCoonnsseerrvvaattiioonn SSeerrvviiccee ((ffoorrmmeerrllyy SSCCSS)) ssttaannddaarrddss aanndd ssppeecciiffiiccaattiioonnss.. 44..33 CCOOMMMMUUNNIICCAATTIIOONN AACCCCEESSSS TThhee PPrroojjeecctt SSppoonnssoorr wwiillll pprroovviiddee aallll ffaarrmm oowwnneerrss//ooppeerraattoorrss wwiitthh aa tteelleepphhoonnee nnuummbbeerr ttoo ffaacciilllliittaattee ddiirreecctt ccoonnttaacctt wwiitthh tthhee PPrroojjeecctt SSppoonnssoorr aanndd tthhee pprroojjeecctt''ss AAggrriiccuullttuurraall SSppeecciiaalliisstt((ss)) tthhrroouugghh aallll ooff tthhee ssttaaggeess ooff tthhee pprroojjeecctt,, iinncclluuddiinngg ooppeerraattiioonn aanndd mmaaiinntteennaannccee..


Millennium Pipeline Company, L.L.C. G-i Valley Lateral Project

ATTACHMENT G

TYPICAL CONSTRUCTION FIGURES

Figure 1 – Typical Upland Pipeline Construction Sequence

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TYPICAL CONVENTIONAL PIPELINE CONSTRUCTION25' TWS ON LEFT SIDE

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16" VALLEY LATERALTYPICAL 75 FT CONSTRUCTION RIGHT-OF-WAY

FIGURE 2ORANGE COUNTY, NEW YORK

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FIGURE 3AORANGE COUNTY, NEW YORK

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FIGURE ORANGE COUNTY, NEW YORK

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FOREIGN PIPELINE CROSSING DETAIL

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16" VALLEY LATERALFOREIGN PIPELINE CROSSING DETAIL


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NOTE:

ALL CONSTRUCTION STANDARDS AND PRACTICES SHALL MEET OR EXCEED THE

LATEST GUIDE LINES AND REQUIREMENTS OF NATIONAL FIRE PROTECTION

ASSOCIATION-ARTICLE 130 WORK INVOLVING ELECTRICAL HAZARDS AND LOCAL

UTILITY REQUIREMENTS.

20' MINIMUM GRADING DISTANCE FROM STRUCTURES, GUYS AND ANCHORS (REGARDLESS OF TOWER SIZE, STYLE OR VOLTAGE).

40' (230 kV) AND 80' (500 kV) MINIMUM DISTANCE OF PIPELINE (REGARDLESS OF TOWER SIZE OR STYLE).

MINIMUM CLEARANCE DISTANCES (PER 29 CFR § 1926.1408 POWER LINE SAFETY (UP TO 350 kV)-EQUIPMENT OPERATIONS)

MINIMUM CLEARANCE DISTANCES (PER 29 CFR § 1926.1411 POWER LINE SAFETY WHILE TRAVELING UNDER OR NEAR POWER LINES WITH NO LOAD)

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500 kV

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MINIMUM GROUND, EQUIPMENTTYPICAL PIPE LAY AROUND POWERLINES

AND PIPING CLEARANCES

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16" VALLEY LATERALPIPE LAY AROUND POWERLINES


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16" VALLEY LATERALTEMPORARY ACCESS DRIVEWAY


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16" VALLEY LATERALPERMANENT ACCESS DRIVEWAY


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16" VALLEY LATERALTYPICAL CONSTRUCTION ROAD


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Figure 4 – Temporary Construction Gate

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16" VALLEY LATERALFENCE RESTORATION


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Figure – Typical Soil Conservation

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Figure - Interceptor Diversions/Slope Breakers

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Figure – Interceptor Diversions

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Figure – Sediment Filter Device Silt Fencing

Stakes should be spaced 8 feet apart.

36 inch total height, approx. 30 inches above ground.

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Figure – Sediment Filter Device Staked Bales

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Figure – Typical Erosion Control Measures at Road Crossings

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6 and 7

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16" VALLEY LATERALTRENCH LINE BARRIERS AND BREAKERS


FILTER BAG

FILTER BAG

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Figure – Field Tile Replacement Methods

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Figure – Erosion Control Blanket

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16" VALLEY LATERALTYPICAL STREAM CROSSING FLUME


Figure – Typical Stream Crossing Dam and Pump

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Figure – Temporary Equipment Crossing Culvert and Stone

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Figure – Temporary Equipment Crossing Equipment Pads

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Figure – Typical Wetland Crossing

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V.F.

TYPE A

TYPE B

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16" VALLEY LATERALTIMBER MAT DETAIL


Figure - Typical Compost Filter Sock

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TYPICAL COMPOST

FILTER SOCK

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Figure 27

HYDROSTATIC DEWATERING DETAILS

SECTION A-A

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A

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16" VALLEY LATERALHYDROSTATIC DEWATERING DETAILS


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16" VALLEY LATERALTYPICAL TRENCH DEWATERING


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16" VALLEY LATERAL


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16" VALLEY LATERALTYPICAL STREAMBANK RESTORATION


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16" VALLEY LATERALTYPICAL WETLAND RESTORATION


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16" VALLEY LATERALRIGHT-OF-WAY MAINTENANCE-WETLANDS


Figure – ROW Maintenance Perennial Streams

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Horizontal Directional Drill Contingency Plan


Horizontal Direct Drilling Contingency Plan


November 2015

HDD Contingency Plan i Valley Lateral Project

TABLE OF CONTENTS Section Page

1.0 INTRODUCTION ........................................................................................................................... 1 2.0 BEST AVAILABLE DRILLING PRACTICES .............................................................................. 1

2.1 Description of the Work ..................................................................................................... 1 2.2 Background ......................................................................................................................... 2 2.2.1 HDD Working Procedures .................................................................................................. 2

3.0 MONITORING OF INADVERTENT RETURNS ......................................................................... 3 3.1 Personnel and Responsibilities ........................................................................................... 3 3.2 Training ............................................................................................................................... 4 3.3 Monitoring & Reporting ..................................................................................................... 4

4.0 RESPONSE TO INADVERTENT RETURNS ............................................................................... 4 4.1 Upland Location ................................................................................................................. 5 4.2 Wetland Location ................................................................................................................ 5

5.0 CLEAN-UP ...................................................................................................................................... 6

HDD Contingency Plan 1 Valley Lateral Project

1.0 INTRODUCTION Millennium Pipeline Company, L.L.C. (Millennium) is seeking authorization from the Federal Energy Regulatory Commission (FERC or Commission) to construct, install, own, operate, and maintain the Valley Lateral Project (Project). The Project will provide firm natural gas delivery to the new 650 megawatt gas-powered CPV Valley Energy Center proposed by CPV Valley, L.L.C. (CPV) in the town of Wawayanda, New York. The Project, as proposed, includes approximately 7.8 miles of new natural gas pipeline that will extend from Millennium’s existing main line pipeline north to the CPV Valley Energy Center, as well as ancillary aboveground facilities. This Horizontal Direct Drilling (HDD) Contingency Plan (HDD Plan) has been developed by Millennium to track and monitor the HDD program. A copy of this HDD Plan is to be maintained on each drilling location site. All HDD activities will be implemented according to this plan.

2.0 BEST AVAILABLE DRILLING PRACTICES 2.1 Description of the Work Millennium proposes using HDD at the following locations:

Rutgers Creek – Approximately 2,762 feet between milepost 1.29 and milepost 1.81 in Minisink, New York.

Ridgebury Hill Road & Catlin Creek – Approximately 2,527 feet between milepost 5.63 and milepost 6.11 in Wawayanda, New York.

Interstate Highway-84 (I-84) – Approximately 2,597 feet between milepost 7.27 and milepost 7.76 in Wawayanda, New York.

HDD is a trenchless crossing method that may be used for crossings under roads, railroads, sensitive resources and waterbodies. HDD is used to install pipelines under rivers and at shore approaches to eliminate pipeline exposure from erosion and scour and minimize impacts to water quality from construction activities that would otherwise occur within the waterbody. Pipelines up to 60 inches in diameter have been successfully installed using this method. The length of pipeline that can be installed by HDD depends upon underlying soil and rock conditions, pipe diameters, and available technology and equipment sizes. HDD involves drilling a pilot hole along a prescribed path and then enlarging that hole using reaming tools to achieve a hole large enough to accommodate the pipe. The reaming tools are attached to the drill string at the exit point of the pilot hole and then rotated and drawn back to the drilling rig, thus progressively enlarging the pilot hole with each pass. During this process, drilling fluid is continuously pumped into the hole to remove cuttings and maintain the integrity of the hole between the HDD entry and exit points. Once the hole has been sufficiently enlarged, a prefabricated segment of pipe will be attached behind the reaming tool on the exit side of the crossing and pulled back through the drill hole to the drill rig, completing the crossing. There is the potential for an inadvertent release of drilling fluid during execution of an HDD. The subsequent sections outline the necessary procedures to implement should there be an inadvertent release of drilling fluid or an HDD failure.


2.2 Background During the HDD process drilling fluid consisting of bentonite clay and water is maintained in drilling pits within the construction work area and used for continuous pumping into the boring. Drilling fluid is specially formulated for properties necessary to facilitate a successful HDD. Drilling fluid is a slurry composed of water and bentonite clay, usually approximately 95 percent fresh water, intended to maintain the stability of the drilling hole, lubricate the drilling head and reduce soil friction. Bentonite clay (sodium montmorillonite) is a naturally occurring and extremely hydrophilic; it can absorb up to ten times its weight in water. The HDD Contractor strives to maintain the integrity of the fluid by continuously sampling, testing and recording its properties throughout drilling operations. Analysis of samples allows for adjustments to be made to the slurry which helps maintain the most efficacious drilling fluid rheology adaptable to various geological conditions. Bentonite is not hazardous nor is it toxic to aquatic ecosystems. The formulation of drilling fluids and its engineering properties are specified and tested to ensure their suitability for the given subsurface conditions encountered along the alignment and at each individual HDD location. The slurry is designed to:

Stabilize the hole against collapse;

Lubricate, cool, and clean the cutters;

Transport cuttings by suspension and flow to entry and exit points; and

Reduce soil friction and required pull loads during pilot hole, reaming, and carrier pipe installation.

2.2.1 HDD Working Procedures Prior to the start of drilling operations, site-specific HDD Procedures will be reviewed with the HDD contractor. At a minimum, the HDD Procedures will address the following:

Return or Release Mitigation – If or when the driller becomes aware of abnormally high annular pressures or apparent fluid loss and release has occurred, the driller can implement one or a combination of the following options:

Dispatch experienced personnel to observe and monitor the area in the vicinity of the drilled path;

Decrease pump pressure;

Decrease penetration rate;

Temporarily cease drilling operations and shut down fluid pump;

Re-start pump and stroke bore hole in 30 feet. +/- lengths to restore circulation (“swab” the hole) as many as 6 times but no fewer than 2 times;

Introduce additional flow along the borehole starting at the entry/exit using “weeper” subs; and

Modify the drilling fluid with a change in viscosity and/or lost circulation additives.


Inadvertent Returns at Inaccessible Locations – Should inadvertent returns be observed on the ground surface along inaccessible portions of the alignment; the following procedures will be executed:

Contractor will ensure reasonable measures, within limits of current technology, have been taken to re-establish circulation; and

Continue drilling utilizing the minimum amount of drilling fluid necessary to penetrate the formation or to maintain a successful carrier pipe pull back.

Inadvertent Returns at Accessible Locations – If inadvertent returns are observed on the ground surface along accessible portions of the alignment, containment and recovery operations will be completed in accordance with the procedures discussed in Section 4.0.

3.0 MONITORING OF INADVERTENT RETURNS 3.1 Personnel and Responsibilities The actions in this HDD Plan are to be implemented by the following personnel: Chief Inspector – Millennium will designate a Chief Inspector (CI) for the Project. The CI has overarching authority over all construction activities occurring throughout the Project. Environmental Inspector – Millennium will designate a minimum of one Environmental Inspector (EI) to monitor HDD activities. The EI is in the same peer group with all other inspectors and reports directly to the CI. The EI has authority to stop any activities which are out of compliance with the FERC certificate (if applicable), other applicable permits, or landowner requirements. Additionally, the EI can order corrective action. HDD Superintendent – The HDD contractor’s senior representative on-site is the HDD Superintendent. It is the HDD Superintendent’s responsibility to implement this HDD Plan on the contractor’s behalf. The HDD Superintendent must be familiar with all aspects of the drilling activities, the contents of this HDD Plan and the conditions of approval under which the activity is permitted. The HDD Superintendent will maintain a copy of this HDD Plan on all drill sites and distribute, as appropriate, to construction personnel. The HDD Superintendent ensures that workers are properly trained and familiar with the necessary response procedures to implement should there be an inadvertent release. HDD Operator – The HDD operator is employed by the HDD contractor to operate the drilling rig, driller and fluid pumps. The HDD Operator is responsible for monitoring circulation through entry and exit locations as well as annular pressures during the drilling of the pilot-hole. Should circulation loss or higher than expected annular pressures occur, the HDD Operator must communicate the relevant details of this event to the HDD Superintendent and HDD contractor field crews as well as the on-site Millennium inspection staff. The HDD Operator is responsible for stopping or changing the drilling program in the event of observed or anticipated inadvertent returns. HDD Contractor Personnel – During HDD installation, field crews and Millennium’s field representatives will be responsible to monitor the HDD alignment. Field crews will coordinate with the EI and are responsible for timely notifications and responses to observed releases in accordance with this HDD Plan. The EI ultimately must sign off on corrective action plans mitigating releases.


3.2 Training Prior to drilling, the HDD Superintendent, CI and EI will verify that the HDD Operator and field crew have received the following site-specific training and information, including, but not limited to:

Project specific safety training;

Review provisions of this HDD Plan and site-specific permit requirements;

Review location of sensitive environmental resources at the site;

Review drilling procedures for release prevention;

Review the site-specific monitoring requirements;

Review the location and operation of release control equipment and materials; and

Review protocols for reporting observed inadvertent returns.

3.3 Monitoring & Reporting Appropriate monitoring and reporting protocols include;

If circulation is lost or annular fluid pressure increase is observed the HDD Operator will immediately notify the HDD Superintendent and field crews of the event and approximate position of the tooling;

Where it is possible to safely do so, field crew personnel will visually inspect the ground surface near cutting head location;

If an inadvertent release is observed, the following chain of command and associated procedures should be implemented:

o Field crew will immediately notify the HDD Operator;

o The HDD Operator will stop pumping drilling fluid and notify the HDD Superintendent and CI;

o The CI notifies the EI and they formulate a response;

o The EI will notify the appropriate regulatory authorities as necessary relaying relevant details of the event, the proposed response and required documentation within 24 hours; and

The CI will prepare a report summarizing the incident, the response and outcome.

4.0 RESPONSE TO INADVERTENT RETURNS Typically, inadvertent releases are detected near the entry or exit points of the drill alignment where the HDD path is at shallow depths, above bedrock and in permeable or porous soils. In this event the release will be assessed by the HDD Superintendent, CI and EI to determine the volume of the release. These personnel will also assess the potential ability of the release to discharge to adjacent waterbodies, wetlands or possibly wells. The HDD Superintendent will evaluate drilling parameters; depth, type of


formation, fluid flow rate and drilling fluid characteristics, being utilized and implement appropriate changes.

The HDD Superintendent, CI and EI will coordinate and oversee the installation of appropriate containment structures and implement additional response measures, if and where necessary. Factors such as site topography and access to the release site for personnel and equipment will be considered in determining containment and disposal. Under these circumstances containment is usually accomplished through the excavation of a small sump pit, approximately five cubic yards, then surrounding the release with hay bales, silt fencing and/or sand bags. Once containment is achieved drilling fluid can be collected via vacuum truck or pumped to a location accessible to vacuum trucks. Fluids are then either transported back to the HDD drilling rig or disposed of properly.

The HDD Superintendent, CI and EI coordinate to determine when drilling operations can resume.

Guidelines for responses tailored to the environmental needs of each site are detailed in the following sections.

4.1 Upland Location

1. Estimate the amount of release to conclude if containment structures would effectively contain the release.

2. Implement necessary containment measures to contain and recover the slurry.

3. If the release occurs within 50 feet of a wetland or waterbody, silt fence and/or hay bales will be installed downstream of the release to minimize the risk of the discharge reaching the wetland or waterbody.

4. Should the release be uncontainable, the operator must suspend drilling operations until a plan for containment is formulated.

5. Contained fluids should then be removed by either a vacuum truck or by pumping to a location where a vacuum truck can access them.

6. Once HDD installation is complete, final clean-up can be conducted (see Section 5).

4.2 Wetland Location The designs of the proposed HDD’s have not been finalized. However, Millennium intends the final designs to minimize the potential for inadvertent releases at HDD crossing locations. However, inadvertent releases are still possible. Should one occur the following steps will be employed:

1. Estimate the amount of release to conclude if containment structures would effectively contain the release.

2. Implement necessary containment measures to contain and recover the slurry unless one of the following conditions is present:

a. The sensitivity of wetland areas may result in containment and recovery efforts causing additional disturbance due to travel of equipment and personnel, possibly offsetting any benefit gained from containing and removing the slurry.

b. Should the amount of the slurry be too small to allow practical collection from the affected area, the fluid will be diluted with fresh water or allowed to dry and dissipate naturally.


3. Suspend drilling operations if the release cannot be controlled or contained until appropriate containment can be installed.

4. Remove contained fluids by either a vacuum truck or by pumping to a location where a vacuum truck can access them.

5. Conduct final clean-up once HDD installation is complete (see Section 5).

5.0 CLEAN-UP After successful HDD installation, site-specific clean-up measures will be developed by the HDD Superintendent, CI and approved by the EI. When developing these measures potential for secondary impacts incurred during the clean-up process must be evaluated and analyzed in comparison to the benefits of clean-up activities. The following measures are considered appropriate:

Drilling fluid will be cleaned up by hand using shovels, buckets and soft bristled brooms to minimize damage to vegetation;

Fresh water washes can be utilized when and where beneficial and feasible;

Any containment structures employed will be pumped out and the ground surface scraped to bare topsoil minimizing loss of topsoil or damage to adjacent vegetation;

Recovered drilling fluid will be recycled or disposed of at approved upland locations or disposal facility. Drilling fluids will not be disposed of in streams or storm drains;

Once pumped out and cleaned all containment structures will all be removed; and finally

Any recovered materials will be transported to containers for temporary storage prior to removal from the site.




November 2015

Millennium Pipeline Company, L.L.C. i Valley Lateral Project Bedrock Blasting Plan

TABLE OF CONTENTS Section Page 1.0 INTRODUCTION ........................................................................................................................... 1 2.0 BLASTING PLAN .......................................................................................................................... 2

2.1 Pre-Blast Inspection ................................................................................................................ 2 2.2 Site-Specific Blasting Plan ...................................................................................................... 3 2.3 Monitoring of Blasting Activities ........................................................................................... 4 2.4 Daily Reporting ....................................................................................................................... 4 2.5 Post-Blast Inspection ............................................................................................................... 5 2.6 Waterbody Crossing Blasting Procedures ............................................................................... 5

Millennium Pipeline Company, L.L.C. 1 Valley Lateral Project Bedrock Blasting Plan

1.0 INTRODUCTION This Bedrock Blasting Plan (Plan) describes how Millennium Pipeline Company, L.L.C. (Millennium) and its subcontractors plan to mitigate impacts due to bedrock blasting associated with the construction of the Valley Lateral Project (Project). Shallow depth to bedrock will potentially be crossed during construction in several areas along the pipeline alignment. These locations are presented by milepost below.

Shallow Bedrock Underlying the Valley Lateral Project

Proposed Facility Depth to Bedrock (inches)

From MP To MP

Pipelinea 19 0.37 0.45

18 0.71 0.79

17 0.79 0.81

18 0.98 1.16

18 2.13 2.21

17 2.21 2.27

18 2.27 2.30

17 2.30 2.35

18 2.35 2.36

17 2.36 2.39

17 3.07 3.12

0 3.12 3.30

17 3.30 3.34

Source: SSURGO, 2015 a: Includes only the area crossed by the pipeline trench, not including temporary workspace or additional temporary workspace. Shallow bedrock does not underlie any of the other Project facilities including the launcher, reciever or meter station sites, or the meter station pipe trench.


Bedrock types present along the pipeline alignment include the following.

Bedrock Geology along the Valley Lateral

Project Facilities From M.P.

To M.P.

Formation Name Primary

Rock Type Secondary Rock Type

Valley Lateral 0 1.4 Austin Glen Formation graywacke shale

1.4 7.8 Normanskill Shale shale mudstone

Pig Launcher -- -- Austin Glen Formation graywacke shale

Pig Receiver -- -- Normanskill Shale shale mudstone

Meter Station Piping -- -- Normanskill Shale shale mudstone

Meter station -- -- Normanskill Shale shale mudstone

Source: USGS, 2008

Millennium anticipates mechanical methods such as conventional excavation with a backhoe, mechanical ripping, or hammering with a pointed backhoe attachment followed by excavation will sufficiently support construction activities. However, this Plan was developed to support construction in the event blasting is subsequently required. Large rock not suitable for use as backfill material may be windrowed along the edge of the right-of-way in upland areas where the landowner has authorized placement or removed and disposed of off-site. If blasting is required, blasting will be completed in accordance with State and local regulations. Millennium’s contractor will provide a site-specific blasting plan prior to implementing blasting-related operations that will include the handling of blasting material and the compliance with the provisions of this Blasting Plan.

2.0 BLASTING PLAN 2.1 Pre-Blast Inspection

Millennium shall conduct pre-blast surveys, with landowner permission, to assess the conditions of occupied structures, wells, springs, and utilities within 150 feet of the proposed construction right-of-way. Should local or state ordinances require inspections in excess of 150 feet from the work, the more stringent ordinances shall prevail. The survey will include:

Informal discussions to familiarize the adjacent property owners with blasting effects and planned precautions to be taken on this Project;


Determination of the existence and location of site-specific structures, utilities, septic systems, wells and springs;

Detailed examination, photographs, and/or video records of adjacent structures and utilities; and

Detailed mapping and measurement of large cracks, crack patterns, and other evidence of structural distress; and

Sampling of wells or springs will consist of well yield, turbidity and bacteriological analysis (total coliform).

The results will be summarized in a condition report that will include photographs and be completed prior to the commencement of blasting within a particular area. 2.2 Site-Specific Blasting Plan

A site-specific Blasting Plan will be developed at each location and will include the following information:

Explosive type, product name and size, weight per unit, and density;

Delay type, sequence, and delay (ms);

Initiation method (non-electric (shock tube) detonator is the only approved initiation system);

Stemming material and tamping method;

Hole depth, diameter, and pattern;

Explosive depth, distribution, and maximum weight per delay;

Number of holes per delay;

Distance and orientation to nearest aboveground structure;

Distance and orientation to nearest underground structure, including pipelines;

Procedures for storing, handling, transporting, loading, and firing explosives, fire prevention, inspections after each blast, misfires, flyrock and noise prevention, stray current accidental-detonation prevention, signs and flagmen, warning signals prior to each blast, notification prior to blasting, and disposal of waste blasting material;

Seismograph company, names, equipment and sensor location;

Copies of all required federal, state, and local permits;

Blaster's name, company, copy of license, and statement of qualifications;

Magazine type and locations for explosives and detonating caps;

Typical rock type and geology structure (solid, layered, or fractured);

Pipeline location (MP and stationing); and

Applicable alignment sheet numbers.


2.3 Monitoring of Blasting Activities

During blasting, Millennium’s contractors will take precautions to prevent damage to adjacent areas and structures. Precautions include:

Display warning signage, signals, flags, and/or barricades;

Use of matting or other suitable cover, as necessary;

Following Federal, State, and Local procedures and regulations for safe storage, handling, loading, firing, and disposal of explosive materials; and

Staffing existing utilities with Operations personnel during blasting operations. Blasting will be performed only by New York State licensed blasters and monitored by experienced blasting inspectors (12 NYCRR 39). As appropriate, the effects of each discharge will be monitored at the closest adjacent facilities by seismographs. Seismograph equipment will be used to measure the Peak Particle Velocity of all blasts in vertical, horizontal, and longitudinal directions. Seismic monitoring will only be discontinued if: 1) the blasting schedule and blasting performance consistently produce Peak Particle Velocity at the blast site that are lower than the maximum allowable limit; and with the approval of Millennium’s engineering representative. For all aboveground facilities within 150 feet of blasting operations, additional seismograph equipment will be used to determine the Peak Particle Velocity at the aboveground facility. If the measured Peak Particle Velocity at an existing pipeline or other structure exceeds the above-referenced limits, blasting activities will stop immediately and Millennium will be notified. The blasting procedures be modified to reduce the resultant Peak Particle Velocity prior to resuming blasting activities. 2.4 Daily Reporting

The Contractor will review the site-specific Blasting Plan with Millennium prior to each blast. Upon completion of blasting each day, the Contractor shall provide Millennium with the following for each blast:

Blasting Contractor license number.

Date, time, and location of blast.

Hole sizes, spacing, depths, layout, and volume of rock in blast.

Delay type, interval, total number of delays, and holes per delay.

Explosive type, specific gravity, energy release, weight of explosive per delay, and total weight of explosive per shot.

Powder factor.

Copies of any seismographic data.


2.5 Post-Blast Inspection

To maximize its responsiveness to the concerns of affected landowners, Millennium will evaluate all complaints of well or structural damage associated with construction activities, including blasting. An independent contractor, hired by Millennium, will examine, with landowner permission, the condition of structures, wells, springs, and utilities within 150 feet of the construction area after completion of blasting operations to identify any changes in the conditions of these properties or confirm any damages noted by the landowner. Millennium will conduct post-blasting yield and quality testing (turbidity and bacteriological analysis - total coliform) of any well or spring within 150 feet of the blast site, and document these conditions. Should any damage or change occur during the blasting operations, Millennium will coordinate with the landowner to seek corrective action. 2.6 Waterbody Crossing Blasting Procedures

To identify the need for drilling or blasting, the trench crew will drill test holes at the stream banks to determine if rock will be encountered during construction. If these test holes identify the need for blasting, the ditch crew will prepare the trench line. If in-water blasting is determined to be necessary, Millennium will follow mitigation measures provided in its Environmental Construction Standards (Resource Report 1, Appendix 1B). Millennium anticipates that most, if not all, streambeds with shallow bedrock will be rip-able sedimentary rock and will not require blasting. In instances where the rock is not rippable, drilling and blasting will be used to install the pipeline. In such cases, judicious use of blasting will help the Contractor comply with restrictions on the duration of in-stream disturbance. The excavation of the test pit or rock drilling is not included in the time window requirements for completing the crossing. For testing and any subsequent blasting operations, stream flow will be maintained through the site. When blasting is required, the FERC timeframes for completing in-stream construction begin when the removal of blast rock from the waterbody is started. If, after removing the blast rock, additional blasting is required, a new timing window will be determined in consultation with the Environmental Inspector. If blasting impedes the flow of the waterbody, the Contractor can use a backhoe to restore the stream flow without triggering the timing window. The complete waterbody crossing procedures are included in the Environmental Construction Standards.


Environmental Complaint Resolution Procedures

www.millenniumpipeline.com

One Blue Hill Plaza, 7th Floor Post Office Box 1565

Pearl River, NY 10965 845.620.1300 Voice | 845.620.1320 Fax

ENVIRONMENTAL COMPLAINT RESOLUTION PROCEDURE

Millennium Pipeline Company, L.L.C. (“Millennium”) will be constructing a new

natural gas lateral pipeline in the towns of Minisink and Wawayanda, in Orange County, New

York, as authorized by the Federal Energy Regulatory Commission (“FERC ” or “Commission”)

on [Insert Date Order is Issued]. Millennium takes its environmental compliance obligations

under the Commission’s authorization very seriously and endeavors to minimize the

environmental impacts of the project construction.

This procedure is being provided to communicate clearly the process for resolving

environmental complaints should any arise during the construction and restoration activities

associated with the project. The procedure is intended to ensure that all environmental

complaints receive the attention they deserve and to assist us in resolving complaints in an

efficient and timely manner.

Local Contact. To report an environmental complaint or provide other comments

regarding our construction or restoration activities, please contact Mike Armiak with your

concerns by phone at (845) 466-9514 or by e-mail at [email protected]. If you

are unable to speak directly with Mike Armiak, please leave a message stating:

your name;

the date on which you are making the call;

the address of the affected property;

a description of the environmental issue on which you are reporting,

including as much detail as possible about the location of the issue;

whether there is an immediate risk to persons or property;

the date on which you first became aware of the environmental issue;

a phone number or e-mail address at which you can be reached; and

if a phone number, the best time to reach you.

While we will act on the information you provide as quickly as we can, please allow us 48 hours

to contact you to discuss the complaint and to provide an initial response on how we responded

to your complaint or how we will help coordinate a resolution.

Once the complaint is recorded and the necessary information provided, a

representative of Millennium will investigate the situation. The representative will make an

assessment of the issue, including through site visits and communications with Millennium

personnel, contractors, stakeholders and other local residents. Following the assessment,

Millennium will work to develop a complaint resolution plan and then implement it.

Environmental complaints related to safety and time-sensitive issues will receive the highest

priority.


www.millenniumpipeline.com

2

Millennium will follow up with persons making a complaint at the phone number

or e-mail provided. This follow-up may occur as part of the investigator’s assessment, during

development of a response plan, or a status update as Millennium implements the planned

resolution. In addition, environmental complaints and the resolution status of those complaints

will be recorded in [Insert frequency of construction reports] reports to be filed publicly with the

FERC.

Millennium’s Hotline. If you are not satisfied with the response provided by Mike

Armiak, you may contact Millennium’s Community Hotline at (877) 213-1944 or by e-mail at

[email protected]. Calls made to the hotline will be sent to a voicemail and you will

be asked to leave a message, as described above. The hotline voice and e-mail messages are

checked several times throughout a business day. You will be contacted regarding your

complaint within one business day of the message being left.

FERC Hotline. Millennium will work with you to resolve environmental

complaints in a timely and effective manner. However, if you are not satisfied with our

response, you may contact the FERC’s Dispute Resolution Service at (877) 337-2237 or via e-

mail at [email protected]. In reporting a complaint to the FERC Dispute Resolution, make

reference to Millennium’s Valley Lateral Project and Docket No. [Insert Docket Number].


Resource Report 1 – General Project Description 1C-i Valley Lateral Project

APPENDIX 1C

Maps and Figures

USGS Quadrangle Excerpts

Projects with Potential Cumulative Impacts on Resources within the General Area of the Valley Lateral Project

Oversized Drawings:

Pipeline Alignment Sheets (Scale 1-inch = 200 feet)

Hydrostatic Pressure Test Plan

Site-Specific HDD Plans

Typical Right-of-Way Configurations

Access Road Drawings

Launcher/Receiver Station Plot Plans

Full Size USGS Quadrangle Maps

Full Size National Wetland Inventory (NWI) Maps


USGS Quadrangle Excerpts


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Town of Minisink

Town of GreenvilleTown of Wawayanda

Orange County

Launcher

OTISVILLEUNIONVILLE

PINE IS

LAND

UNIONVILLE

MP 2

MP 1MP 0CY-2

TAR-01TAR-02

PAR-01

K0 0.50.25

Miles


Valley LateralExisting Millennium PipelinePotential Access RoadPipeyard

County BoundaryTown BoundaryUSGS Quad

Valley Lateral ProjectUSGS Quadrangle Map Excerpts

Data sources: ESRI, TRC, Millennium Pipeline, USGS 2013 7.5 minute National Map

Page 1 of 3

1 inch = 2,000 feet


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Town ofMinisink

Town of Wawayanda

Orange CountyMIDDLETOWN

OTISVILLE

MIDDLETOWNPINE ISLAND

OTISVILLEUNIONVILLE

PINE IS

LAND

UNIONVILLE

MP 4

MP 5

MP 3 MP 5.5

MP 4.5

MP 2.5MP 3.5TAR-03

TAR-04

TAR-06TAR-05

TAR-07

K0 0.50.25

Miles


Valley LateralPotential Access Road




Page 2 of 3

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Town of MiddletownTown of Wawayanda

Town of Wallkill

Town of Wallkill

Orange County

ReceiverMeter

Station

MIDDLETOWNPINE ISLAND

MP 7.7

MP 6.5MP 5.5

MP 6 MP 7

MP MS-0

CPV Valley Energy Center

CY-1

PAR-02

K0 0.50.25

Miles


Valley LateralMeter Station PipingPotential Access RoadPipeyard




Page 3 of 3

1 inch = 2,000 feet


Projects with Potential Cumulative Impacts on Resources within the General Area of the Valley

Lateral Project


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Rutgers Creek020200070206 Masonic

Creek-Wallkill River020200070401

Orange County

MP 4

MP 5

MP 2

MP 3

MP 1

MP 0

MP 6

MP 7

K0 0.5 1 1.50.25

Miles

!! Route MilepostProposed Valley LateralTown BoundaryWatershed (HUC12)1/4 mile NoiseAssessment Area

Potential Cumulative Impact#* EnergyXW Transportation!( Residential/Commercial") Industrial

RecreationTransportation

Other Projects in the Vicinityof the Valley Lateral Project

Data sources: ESRI, TRC, Millennium Pipeline, and NY GIS

Figure 1.12-1 Sheet 1 of 2


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Harriman Pump Sta tion

Kingston P ump Stat ion

Gorman/R ensselaer Pump Sta tion

Valve Site

Albany Or iginating S tation

Newburgh Meter Sit e

IPT Meter Station

Roseton M eter Stati on

Citgo/Ape x Meter St ation

Spruce/Bu ckeye Me ter Station

Newburgh Meter Sta tion

Rut ger s C re ek02020 0070 206 Ma soni c

Cr eek- Wal lk il l Ri ver02020 0070 401

ValleyLateral Route

LewisCounty

HamiltonCounty

WarrenCounty

WashingtonCounty

FultonCounty

MontgomeryCounty

SaratogaCounty

RensselaerCounty

AlbanyCountySchoharie

County

OtsegoCounty

ChenangoCounty

GreeneCounty

ColumbiaCounty

BroomeCounty

DelawareCounty

UlsterCounty

SullivanCounty

DutchessCounty

PutnamCountyOrange

County

WestchesterCounty

SuffolkCounty

HerkimerCounty

OneidaCounty

MadisonCounty

K0 10 20 305

Miles

Proposed Valley LateralOrange CountyCounty BoundaryWatershed (HUC12)Hudson Valley IntrastateAir Quality Control Region

Potential Cumulative Impact#* EnergyXW Transportation!( Residential/Commercial") Industrial

RecreationTransportation

Other Projects in the Vicinityof the Valley Lateral Project

Data sources: ESRI, TRC, Millennium Pipeline, and NY GIS

Figure 1.12-1 Sheet 2 of 2


Oversized Drawings

Pipeline Alignment Sheets (Scale 1-inch = 200 feet)

Hydrostatic Pressure Test Plan

Site-Specific HDD Plans

Typical Right-of-Way Configurations

Access Road Drawings

Launcher/Receiver Station Plot Plans

[Provided Under Separate Cover]

Resource Report 1 – General Project Description 1D-i Valley Lateral Project

APPENDIX 1D

Agency Correspondence

Valley Lateral Project - Agency Consultation

November 2015Page 1 of 8

Agency Correspondence Tracking Sheet - Federal Agencies

Agency Region/Division

Contact Name Contact Address Contact Phone Contact Email Permit/Clearance/Approval

Date Sent ResponseType/Date

ParticipatingAgency (Y/N)

Responding Contact MeetingSchedule

AdditionalComments

US EPA Region 2Ms. Judith A.Enck, RegionalAdministrator

290 Broadway, 25th Floor New York, NY 10007-1866 (212) 637-5000 [email protected] Pre-File Notification 4/29/2015 Pre-file

letter sent via email 4/30/2015 email Ms. Judith Enck Acknowledgedreceipt of email.

US EPA Region 2Ms. Judith A.Enck, RegionalAdministrator

290 Broadway, 25th Floor New York, NY 10007-1866 (212) 637-5000 [email protected] Pre-File Notification 4/29/2015 Pre-file

letter sent via email 5/1/2015 email

Lingard KnutsonSr. Transportation and Energy

Environmental AnalystU.S. Environmental Protection

Agency, Region 2290 Broadway, 25th Floor

New York, NY(212) 637-3747

[email protected]

Please address allnatural gas projects

to me, or to mysupervisor, Grace

Musumeci,([email protected]), as it is

our section that willreview NEPA

documentation onFERC projects.

US EPA Region 2

Lingard KnutsonSr.

Transportationand Energy

EnvironmentalAnalyst

U.S. Environmental ProtectionAgency, Region 2

290 Broadway, 25th FloorNew York, NY

(212) 637-3747 [email protected] -Drinking WaterResources

5/19/2015 letter sentvia email 5/29/2015 email Lingard Knutson

Pipeline route notwithin any SoleSource Aquifer.Within 0.5 mile ofNW NJ 15 Basin

SSA.

NOAAFisheries

NortheastRegion Office

Ms. JenniferAnderson, NEPA

Coordinator

55 Great Republic DriveGloucester, MA 01930 (978) 281-9226 [email protected] Pre-File Notification 4/29/2015 Pre-file

letter sent via email 5/7/2015 email Mr. Sean [email protected]

I will pass this toKaren Greene and

Chris Boelke.

NOAAFisheries


Mr. ShawnMcDermott

55 Great Republic DriveGloucester, MA 01930 (978) 281-9226 [email protected]

Section 7 EndangeredSpecies Act /

Protected SpeciesAreas

5/19/2015 letter sentvia email 5/22/2015 email N Mr. Sean McDermott

[email protected] N/A

Karen Greene maybe a better contactfor this type of

project.

NOAAFisheries


Ms. KarenGreene

55 Great Republic DriveGloucester, MA 01930 [email protected]



5/28/2015 email 5/28/2015 email N Ms. Karen Greene N/A Acknowledgedreceipt

NOAAFisheries

James J.HowardMarine

SciencesLaboratory

Ms. KarenGreene

55 Great Republic DriveGloucester, MA 01930 [email protected]



5/28/2015 email 6/16/2015 email N

Ms. Melissa D. Alvarez, MarineHabitat Resource SpecialistHabitat Conservation Division,NMFS, James J. Howard Marine

Sciences Laboratory74 Magruder RoadHighlands, NJ 07732(732) 872 - 3116

[email protected]

N/A

No ESA Section 7Consultation

necessary. No EFHconsultation isnecessary.

USFWS Region 5

Mr. DavidStilwell, Field

OfficeSupervisor

New York Field Office3817 Luker Road

Cortland, NY 13045(607) 753-9334 [email protected] Pre-File Notification 4/29/2015 Pre-file


Mr. Tim SullivanUSFWS

3817 Luker Road Cortland, NY 13045

[email protected]

We will log theproject into our

database and waitfor the additional

information.

USFWS Region 5

Mr. DavidStilwell, Field

OfficeSupervisor


Cortland, NY 13045(607) 753-9334 [email protected] Pre-File Notification 4/29/2015 Pre-file


Ms. MaryEllen VanDonselUSFWS NY Field Office

3817 Luker RoadCortland, NY 13045

[email protected](607) 753 - 9699

No action at thistime, but would liketo be kept informed

of projectdevelopments.











Agency Correspondence Tracking Sheet - Federal Agencies


Contact Name Contact Address Contact Phone Contact Email Permit/Clearance/Approval

Date Sent ResponseType/Date



AdditionalComments

USFWS Region 5 Ms. MaryEllenVanDonsel


Cortland, NY 13045(607) 753-9334 [email protected]

Section 7 EndangeredSpecies Act / National

Wildlife Refuges

5/19/2015 letter sentvia email 6/11/2015 Y Megan Patch

[email protected]

Providedinstructions toobtain an official

species list and forreturning the list tothe NY Field Office.

USACE

New YorkDistrict

(WesternPermitsSection)

Mr. Brian Orzel,Project Manager

US Army Corps of EngineersATTN: Regulatory Branch, Room

193726 Federal Plaza

New York, NY 10278-0090

(917) 790 - 8411 [email protected] Pre-File Notification 4/29/2015 Pre-fileletter sent via email 5/8/2015 email Mr. Brian Orzel

Providedinformation on theUSACE permit

program.

USGS MineralsInformation

Mr. Robert M.Callaghan, State

MineralsSpecialist

989 National CenterReston, VA 20192 (703) 648-7709 [email protected]

Consultation - MineralResources &

Geologic Hazards

5/19/2015 letter sentvia email 5/28/2015 email Mr. Robert Callaghan

USGS does notprovide project

review services. Ican direct you to

any USGSpublications that

may help.

USDANRCS

MiddletownServiceCenter

Mr. KevinSumner, District

Manager

225 Dolson AveMiddletown, NY 10940-6539 (845) 343-1873 [email protected] Consultation - Orange

County Soils5/19/2015 letter sent

via email

USDANRCS

NRCS FOIAService

Center - NewYork

Ms. AngelaVanDyke, NYFOIA Officer

USDA NRCS441 South Salina Street, Suite 354

Syracuse, NY 13202-2450

(315) 477 - 6504 [email protected] - FSAand NRCS program

properties

5/19/2015 letter sentvia email

USDAForestService

EasternRegion - R9

Mr. Tony L.Ferguson, Area

Director

Northeastern Area OfficeOffice of the Director11 Campus Boulevard

Suite 200Newton Square, PA 19073

(610) 557 - 4103 [email protected] Consultation - FederalLands

5/19/2015 letter sentvia email 5/28/2015 email N Mr. Tony L. Ferguson

Orange County, NYparticipates in theCommon Water

Collaborative effortfor the UpperDelaware. NoNational Forest

Lands, no Legacymoney on

conservationeasements.

US NPS NortheastRegion

Mr. MikeCaldwell,

Regional Director

National Park ServiceU.S. Custom House200 Chestnut Street

Philadelphia, PA 19106

(215) - 597 - 7013 [email protected] Pre-File Notification 4/29/2015 Pre-fileletter sent via email

US NPS NortheastRegion

Ms. Mary K.Morrison,ResourcePlanningSpecialist

U.S. Custom House200 Chestnut St., Fifth Floor

Philadelphia, PA 19106(215) 597-7067 [email protected] Consultation - Federal

Lands5/19/2015 letter sent

via email










Agency Correspondence Tracking Sheet - New York State Agencies


ContactName

Contact Address Contact Phone Contact Email Permit/Clearance/Approval

Date Sent ResponseDate/Type



AdditionalComments

NYSDOH

Bureau ofPublic Water

SupplyProtection

Ms. JaneThapa

Wellhead Protection ProgramCorning Tower Room 1110

Albany, NY 12237(518) 402-7711 [email protected] Consultation - Drinking

Water Resources5/19/2015 letter via

email (cc)

NYSDOH


SupplyProtection

Mr. LloydWilson

Source Water AssessmentProgram

Corning Tower Room 1110Albany, NY 12237

(518) 402-7711 [email protected] Consultation - DrinkingWater Resources

5/19/2015 letter viaemail (cc)

NYSDOH RecordsAccess Office

ElizabethSullivan(ActingOfficer)

Corning Tower Room 2364Albany, NY 12237-0044 (518) 474-8734 [email protected]

Consultation - DrinkingWater Resources FOIL

Request

5/19/2015 letter viaemail

5/19/2015 lettervia email N doh.sm.BOB-FOIL Acknowledgement of

FOIL request

NYSDOH RecordsAccess Office

ElizabethSullivan(ActingOfficer)

Corning Tower Room 2364Albany, NY 12237-0044 (518) 474-8734 [email protected]

Consultation - DrinkingWater Resources FOIL

Request


6/17/2-015 lettervia email N

Andy ElitzerRecords Access Office

(518) 474-8734

Provided a map anddata sheet of SWAPdelineations in the

Project area.

NYSDOH


SupplyProtection

Ms. JaneThapa

Wellhead Protection ProgramCorning Tower Room 1110

Albany, NY 12237(518) 402-7711 [email protected] Consultation - Drinking

Water Resources 7/28/2015 email 7/28/2015 email N Ms. Jane Thapa

It does not appearthat the route

changes would havemuch impact on public

water systemsources.

NYSDOS

Office ofCoastal, LocalGovernment

andCommunitySustainability

Mr. JeffreyZappieri

Facility Review Specialist99 Washington Avenue

Suite 1010Albany, NY 12231-0001

(518) 473-2476 [email protected] Consultation - Coastalconsistency

5/19/2015 letter viaemail 5/28/2015 email N

Matthew P. Maraglio, CoastalResources Specialist

NYS Coastal ManagementProgram Consistency Review Unit

Office of Planning andDevelopment

NYS Department of State99 Washington Avenue

One Commerce Plaza, Suite 1010Albany, NY 12231(518) 473-3371

[email protected]

At this time, the DOSdoes not anticipatethat your proposedProject will have anyeffects on coastaluses or resourceswithin the NYScoastal area.

NYSDAM (New York

StateDepartment ofAgricultureand Markets)

Mr. MatthewBrower,

AgriculturalResourceSpecialist

10B Airline DriveAlbany, NY 12235

Office (518) 457-2851

Cell (518) 527-7685

[email protected] Pre-File Notification 4/29/2015 Pre-fileletter sent via email 5/1/2015 email Y Mr. Matt Brower

The Department willparticipate in the Pre-

Filing ReviewProcess. I lookforward to

discussing the projectin greater detail,including potentialagricultural impacts.

NYSDAM (New York

StateDepartment ofAgricultureand Markets)

Mr. MatthewBrower,

AgriculturalResourceSpecialist

10B Airline DriveAlbany, NY 12235

Office (518) 457-2851

Cell (518) 527-7685

[email protected] -

Soils/AgriculturalResources

5/19/2015 letter viaemail 5/28/2015 Y Mr. Matt Brower

Requested fieldreview and indicatedmost agricultural landcrossed was usedfor pasture, hay and

row crops








ContactName





AdditionalComments

NYSDAM

Division ofLand andWater

Resources,Agriculturaland FarmlandProtectionProgram

Mr. David H.Behm,

FarmlandProtectionProgramManager

10B Airline DriveAlbany, NY 12235 (518) 457-2713 [email protected] Consultation - Farmland

Protection Properties5/19/2015 letter via

emailRead Receipt5/28/2015

NYSDEC(New York

StateDepartment ofEnvironmentalConservation)

NYNHP(New YorkNaturalHeritageProgram)

Mr. NicholasConrad,

InformationResourcesCoordinator

NYSDEC-DFWMRNY Natural Heritage Program625 Broadway, 5th FloorAlbany, NY 12233-4757

(518) 402-8944 [email protected] Pre-File Notification 4/29/2015 Pre-fileletter sent via email 4/30/2015 email N Mr. Nick Conrad

Other than therequest for rare and

listed speciesinformation, there isno need to send othernotices about the

project to New YorkNatural Heritage.

NYSDEC(New York

StateDepartment ofEnvironmentalConservation)

NYNHP(New YorkNaturalHeritageProgram)

Mr. NicholasConrad,

InformationResourcesCoordinator

NYSDEC-DFWMRNY Natural Heritage Program625 Broadway, 5th FloorAlbany, NY 12233-4757

(518) 402-8944 [email protected] Consultation - RT&ESpecies


6/12/2015 lettervia email N Mr. Nick Conrad

Identified the Indianabat within 2.5 miles of

the entire ValleyLateral and as closeas 0.5 mile in some

locations

NYSDEC Region 3

Mr. MartinBrand,RegionalDirector

21 South Putt Corners RoadNew Paltz, NY 12561-1696 (845) 256 - 3033 via [email protected] Consultation - Natural

Resources4/29/2015 Pre-fileletter sent via email

NYSDEC Region 3

Mr. MartinBrand,RegionalDirector

21 South Putt Corners RoadNew Paltz, NY 12561-1696 (845) 256 - 3033 via [email protected]

Consultation -Hazardous Sites,

Fisheries Resources,Mineral Resources,

State Lands


NYSDECDivision ofLands AndForests

Mr. RobDavies,Director

625 Broadway Albany, NY 12233-4250 518-402-9405 [email protected] Consultation - State

Lands5/19/2015 letter toUS Forest Service 6/25/2015 email N Mr. Rob Davies

None of thereferenced federalareas identified.

NYSDEC

Region 3Division ofFish, Wildlifeand MarineResources

Mr. MichaelFlaherty.FisheriesManager

21 South Putt Corners RoadNew Paltz, NY 12561-1696 (845) 256-3066 [email protected] Consultation - Fisheries 7/2/2015 email 7/14/2015 email N Mr. Michael Flaherty

I can touch base withMr. Hogan and begin

the appropriatereview.

New YorkState Office of

Parks,Recreation,and HistoricPreservation(NYS OPRHP)

State HistoricPreservationOffice (SHPO)

Ms. Ruth L.Pierpont,Deputy

Commissioner/ Deputy SHPO

Peebles Island State ParkP.O. Box 189

Waterford, NY 12188-0189(518) 237-8643 [email protected] Pre-File Notification 4/29/2015 Pre-file


Ms. Kathleen A. Howe, SurveyUnit Coordinator

Certified Local GovernmentRepresentative for Western New

YorkNYS OPRHP

Peebles Island State ParkPO Box 189

Waterford, NY 12188-0189(518) 268 - 2168

[email protected]

Paul Archambault isthe survey staffreviewer for this

project.











ContactName





AdditionalComments







Waterford, NY 12188-0189(518) 237-8643 [email protected] Pre-File Notification 4/29/2015 Pre-file


Mr. Paul Archambault, HistoricPreservation Specialist/Survey &

Evaluation UnitNYS OPRHP

PO Box 189 Peebles IslandWaterford, NY 12188(518) 268 - 2194

[email protected]

At this stage of theproject, the SHPO hasno response. Anyfuture reviews canbe submitted throughour Cultural ResourceInformation System.




Mr. PaulArchambault


Waterford, NY 12188-0189(518) 237-8643 [email protected]

Consultation -Historic/Archeological

Resources







Waterford, NY 12188-0189(518) 237-8643 [email protected]

Consultation -Historic/Archeological

Resources

Phase IArcheologicalSurvey Report

Submittal 11/11/2015

NYS OPRHP GIS BureauMs. ChristinaCroll, GISManager

625 Broadway, 2nd FloorAlbany, NY 12238 (518) 473-7787 [email protected]

Consultation - StateForests & Parks,Recreation, Trails,

Scenic Roads, Riversand Open Land.

Proposed Greenwaysand LWCF properties.

5/19/2015 letter viaemail 5/26/2015 email N

Diana Carter, Director of planningNYS OPRHP Resource andFacility Planning Bureau

625 BroadwayAlbany, NY 12238(518) 474-8288

[email protected]

No impact on propertyunder the jurisdictionof OPRHP. ShannenPark w/in 1/2 mile. Noexisting or proposedgreenway trails.

Continue to consultwith SHPO.

New YorkState PublicService

Commission(NYSPSC)

Office ofElectric, Gas,and Water

RajendraAddepalli,Director

Empire State PlazaAgency Building 3

Albany, NY 12223-1350(518) 473 - 8986 [email protected] Pre-File Notification 4/29/2015 Pre-file

letter sent via email

New YorkState

GeologicalSurvey

Office of theState

Geologist

Dr. AndrewKozlowski,Glacial

Geologist

3000 Cultural Education CenterAlbany, NY 12230

(518) 486 - 2012 [email protected] Consultation - GeologicResources and Hazards


read receipt5/28/2015

NYS FarmServiceAgency

ConservationPrograms

Ms. VirginiaGreen

441 South Salina StreetSuite 536

Syracuse, NY 13202(315) 477-6354 [email protected]

Consultation - FOIARequest FSA Enrolled

Properties

5/19/2015 letter viaemail 7/10/2015 Virginia L. Green

AcknowledgedReceipt 6/1/2015.FSA is withholdingthe records in fullpursuant to 5 U.S.C§552(b)(3) of the

FOIA.









Agency Correspondence Tracking Sheet - New York County and Local Agencies


ContactName Contact Address Contact Phone Contact Email Permit/Clearance/

Approval Date Sent ResponseDate/Type

ParticipatingAgency (Y/N) Responding Contact Meeting

ScheduleAdditional

Comments

OrangeCounty

Partnership

OrangeCounty

Department ofEconomic

Development

MaureenHalahan,

President andBill Fioravanti,Director ofBusiness

40 Matthews Street, Suite 108 Goshen NY, 10924 845-294-2323

Consultation -Planned

Developments

8/12/2015 -8/19/2015 telephonecorrespondences

8/12/2015 - 8/19/2015telephone

correspondencesN Maureen Halahan and

Bill FiorvantiProvided list ofdevelopments

Department ofPlanning

OrangeCounty

Mr. David E.Church, AICP,

PlanningCommissioner

1887 County Building124 Main Street

Goshen, NY 10924(845) 615 - 3840 [email protected]


Developments, OpenSpace, Schools,

Parks


Read Receipt5/28/2015

Department ofHealth,

Division ofEnvironmental

Health

OrangeCounty

Edwin L. Sims,P.E., ActingDirector

1887 County Building124 Main Street

Goshen, NY 10924(845) 291 - 2331 [email protected]

Consultation -Drinking WaterResources

5/19/2015 letter sentvia email 5/20/2015 email N Mr. Edwin L. Sims

No surface watersthat provide public

drinking water within1/2 mile. No publicwater supply wellsw/in 300 feet. Notaware of any publicdrinking water springs

w/in 1/2 mile.

PlanningBoard Wawayanda

Ms. BarbaraParsons,Planning

Board Chair

80 Ridgebury Hill RoadSlate Hill, NY 10973 (845) 355 - 5700



Parks, drinking water

5/19/2015 letter viaFedEx

FedEx#604492656768delivered 5/21/15signed by S. Bosch

PlanningBoard Minisink

Mr. DavidWitkowski,Planning

Board Chair

20 Roy Smith DriveWesttown, NY 10998 (845) 726 - 3700 [email protected]



Parks, drinking water


PlanningBoard Wallkill

MarylynnHunt, Planning

BoardSecretary

99 Tower Drive Middletown, NY 10941 (845) 692-7814


Developments

8/12/2015 -8/19/2015 telephonecorrespondences

8/12/2015 - 8/19/2015telephone

correspondencesMaureen Halahan Provided list of

developments

Farm ServiceAgency

OrangeCounty

Mr. FordBarber,County

ExecutiveDirector

225 Dolson Ave STE 101Middletown, NY 10940-6539 (845) 343 - 1872 [email protected] Consultation -

CRP/CREP Properties5/19/2015 letter sent

via emailAcknowledged receipt

5/28/2015

Town ofWawayanda

Supervisor’sOffice

Laura Slowik,AdministrativeAssistant

80 Ridgebury Hill RoadSlate Hill, NY 10973

(845) 355-5700 Ext.203 [email protected] Consultation - Public

Well Locations 10/21/2015 email 10/21/2015 email Laura Slowick Addresses for pumphouses provided.

Town ofUnionville

JohnSlockbower 7 Main Street (845) 421-1590 Consultation - Public

Well Locations10/11/2015 phone

consultation N John SlockbowerWells were located

based on hisdescription.

New YorkState TreeFarm, Inc.

OrangeCounty

John Zylstra(AzimuthForestry)

(845) 355-9042 [email protected] -

American Tree FarmSystem properties

10/13/2015 phoneconsultation







Agency Correspondence Tracking Sheet - New York County and Local Agencies


ContactName Contact Address Contact Phone Contact Email Permit/Clearance/

Approval Date Sent ResponseDate/Type

ParticipatingAgency (Y/N) Responding Contact Meeting

ScheduleAdditional

Comments

Town ofMinisink Town Clerk

SallyCrawford,Town Clerk

20 Roy Smith DriveWesttown NY 10998 845-726-3700 [email protected] Consultation - Public

Well Locations 10/08/2015 email 10/08/2015 emailThe Town of Minisinkdoes not have a public

water supply.

Empire StateForest

ProductsAssociation

OrangeCounty

John K.Bartow, Jr.,ExecutiveDirector

47 Van Alstyne DriveRensselaer, NY 12144 (518) 463-1297 [email protected]

Consultation - SFIparcels crossed byValley Lateral Project

10/13/2015 phoneconsultation and10/14/2015 projectlocation map emailed

10/27/2015 email

The only SFI certifiedlandowner in Orange

County that I amaware of would bethe NYS Departmentof EnvironmentalConservation. Youcan identify DEC

owned lands on theDepartment’s public

web page.


November 20158 of 8

Agency Correspondence Tracking Sheet - Tribal Historic Preservation Officers


ContactName





AdditionalComments

DelawareTribe ofIndians

THPODr. Brice

Obermeyer,Director

Roosevelt Hall, Rm 212,1200Commercial St.

Emporia, KS 66801(918) 335-7026 [email protected]

g Pre-File Notification 4/29/2015 Pre-fileletter sent via email 5/11/2015 email Ms. Susan Bachor

[email protected]

We will review andcontact you with any

concerns orquestions.


THPODr. Brice

Obermeyer,Director

Roosevelt Hall, Rm 212,1200Commercial St.

Emporia, KS 66801(918) 335-7026 [email protected]

g Pre-File Notification 4/29/2015 Pre-fileletter sent via email 5/29/2015 email Y

Ms. Susan BachorDelaware Tribe Historic

Preservation Representative,Department of Anthropology

Gladfelter Hall, Rm. 2071115 W. Polett Walk

Philadelphia, PA [email protected]

(610) 761-7452

We wish to be aconsulting party and toevaluate the Phase Ireport. Contact theDelaware Tribe ifhuman remains are

found.


THPO

Ms. SusanBachor,

PreservationRepresentativ

e

PO Box 64Pocono Lake, PA 18347 (610) 761-7452 [email protected]

Phase I ArcheologicalSurvey Report

Submittal 11/11/2015Y

DelawareNation

CulturalPreservation

Office

Mr. JasonRoss, Section106 Manager

PO Box 825Anadarko, OK 73005

31064 State Highway #281Building 100

Anadarko, OK 73005

(405) 247 - 8903 [email protected] Pre-File Notification 4/29/2015 Pre-fileletter sent via email

St. RegisMohawk Tribe(formerly St.Regis Band of

MohawkIndians ofNew York)

THPO Chief Paul O.Thompson

412 State Route 37Akwesasne, NY 13655 [email protected] Pre-File Notification 4/29/2015 Pre-file

letter sent via email 5/7/2015 email Ms. Ann Bero confirmed receipt

Stockbridge-Munsee Bandof MohicanIndians

Stockbridge-Munsee Tribal

Council

Mr. WallyMiller,

President

PO Box 70Bowler, WI 54416

W13447 Camp 14 RoadPO Box 70

Bowler, WI 54416

(715) 793-4111 [email protected] Pre-File Notification4/29/2015 Pre-fileletter sent via email

Letter via email5/1/2015 Y

Ms. Bonney Hartley, TribalHistoric Preservation OfficerStockbridge-Munsee Tribal

Historic PreservationNew York OfficeP.O. Box 718

Troy, NY 12181(518) 326 – 8870

[email protected]

Contact Bonney forfurther

communications.Formal consultationwill be with the FERCmanager. Requests a

copy of surveyprotocols prior to

survey. Requests oneweek notification prior

to fieldwork.

Stockbridge-Munsee Bandof MohicanIndians

Stockbridge-Munsee Tribal

Council

Ms. BonneyHartley, Tribal

HistoricPreservation

Officer

Stockbridge-Munsee TribalHistoric PreservationNew York OfficeP.O. Box 718

Troy, NY 12181

(518) 326 – 8870 [email protected]

Phase I ArcheologicalSurvey Report

Submittal 11/11/2015Y








1

Libby, Nicole

From: Enck, Judith <[email protected]>Sent: Thursday, April 30, 2015 12:42 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Thank you

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:38 PM To: Enck, Judith Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Ms. Enck, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

1

Libby, Nicole

From: Knutson, Lingard <[email protected]>Sent: Friday, May 01, 2015 11:02 AMTo: Libby, NicoleCc: Musumeci, GraceSubject: CPV Valley Lateral

Hi Nicole – your email to Judith Enck has been forwarded to me. Thank you for the information! In future, please address all natural gas projects to me, or to my supervisor, Grace Musumeci, ([email protected]), as it is our section that will review NEPA documentation on FERC projects. Thank you! Lingard Lingard Knutson Sr. Transportation and Energy Environmental Analyst U.S. Environmental Protection Agency, Region 2 290 Broadway, 25th Floor New York, NY (212) 637-3747

1

Libby, Nicole

From: Knutson, Lingard <[email protected]>Sent: Friday, May 29, 2015 8:28 AMTo: Libby, NicoleCc: Anthony RanaSubject: RE: Valley Lateral Project - Information Request

Libby – thank you for the shape file. EPA will be working with FERC on this pre‐filing, but I have had our staff review the file regarding its location in comparison to Sole Source Aquifers. While the proposed pipeline route itself is not within an SSA but the yellow boundary may just nip a piece of the Northwest NJ 15 Basin SSA. I hope this is helpful. Lingard

2

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 28, 2015 9:51 AM To: Knutson, Lingard Subject: Valley Lateral Project ‐ Information Request Mr. Knutson,

1

Libby, Nicole

From: Zimmer, JohnSent: Wednesday, May 20, 2015 7:40 AMTo: Libby, NicoleSubject: FW: FOIL # *15-05-224-RAO*Attachments: Acknowledgment Letter 1505224.pdf

From: doh.sm.BOB‐FOIL [mailto:[email protected]] Sent: Tuesday, May 19, 2015 4:21 PM To: Zimmer, John Subject: FOIL # *15‐05‐224‐RAO*

Attached is the Department's acknowledgment to your Freedom of Information Law request. Records Access Office New York State Department of Health Corning Tower, Rm 2364 Albany, NY 12237 P: (518) 474-8734 F: (518) 486-9144 Email: [email protected]

1

Libby, Nicole

From: Zimmer, JohnSent: Tuesday, July 28, 2015 3:30 PMTo: Gary Kruse ([email protected])Cc: Libby, Nicole; Randy ParkerSubject: NYS DOH

Follow Up Flag: Follow upFlag Status: Flagged

FYI

From: Thapa, Jane (HEALTH) [mailto:[email protected]] Sent: Tuesday, July 28, 2015 3:06 PM To: Zimmer, John Cc: Wilson, Lloyd (HEALTH); Gilday, William (HEALTH) Subject: RE: Valley Lateral ‐ Centerline Shapefile Thanks. It does not appear that the route changes would have much impact on public water system sources. There could be impacts to private wells on properties along the route. Jane C. Thapa, P.E. Public Health Engineer 2 Bureau of Water Supply Protection New York State Department of Health Corning Tower, Room 1119 Empire State Plaza Albany, NY 12237 (518) 402‐7751 (desk) [email protected]

From: Zimmer, John [mailto:[email protected]] Sent: Tuesday, July 28, 2015 1:01 PM To: Brower, Matthew (AGRICULTURE) <[email protected]>; Louise Holley <MLLHolley@edge‐es.com>; Tim R Sullivan <[email protected]>; Hogan, Chris M (DEC) <[email protected]>; Thapa, Jane (HEALTH) <[email protected]> Cc: Tony Rana ([email protected]) <[email protected]>; Gary Kruse ([email protected])

2

<[email protected]> Subject: Valley Lateral ‐ Centerline Shapefile Hi Folks, Per our discussion on the last bi‐weekly call, please find attached the centerline shapefile for the proposed Valley Lateral pipeline. It has changed slightly from what was presented in the initial drafts of resource reports 1 and 10 and reflects the centerline that will be presented in the draft Environmental Report to be submitted at the end of August. If you have any questions or need additional information, please do not hesitate to contact me. Thank you, John

John Zimmer Pipeline / LNG Market Director

650 Suffolk Street, Lowell, MA 01854M: 978.697.0854 | T: 978.656.3567 | F: 978.453.1995

LinkedIn | Twitter | Blog | Flickr | www.trcsolutions.com

1

Libby, Nicole

From: Zimmer, JohnSent: Tuesday, June 16, 2015 10:30 AMTo: Libby, NicoleSubject: FW: CPV Valley Lateral, Millennium Pipeline


From: Melissa Alvarez ‐ NOAA Federal [mailto:[email protected]] Sent: Tuesday, June 16, 2015 10:29 AM To: Zimmer, John Subject: CPV Valley Lateral, Millennium Pipeline

John, NOAA NMFS has reviewed your information request. The project area has no ESA-listed species under NMFS jurisdiction occur in the project area. No ESA section 7 consultation is necessary. The project area also has no EFH species under our jurisdiction and therefore no further EFH consultation is necessary either. Feel free to contact me with any further questions. Thank you,

Melissa D. Alvarez, PWS Marine Habitat Resource Specialist Habitat Conservation Division National Marine Fisheries Service James J. Howard Marine Sciences Laboratory 74 Magruder Rd. Highlands, NJ 07732 (732) 872-3116 phone (732) 872-3077 fax [email protected] http://www.greateratlantic.fisheries.noaa.gov/

1

Libby, Nicole

From: Tim Sullivan <[email protected]>Sent: Thursday, May 07, 2015 9:50 AMTo: Libby, NicoleCc: David Stilwell; [email protected]: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Hello Libby, It was nice chatting with you as well. We will log the project into our database and wait for the additional information mentioned in your letter. Thank you for the coordination. Tim Tim Sullivan US Fish and Wildlife Service 3817 Luker Road Cortland, NY 13045 (607)753‐9334

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 07, 2015 9:38 AM To: [email protected] Cc: [email protected] Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification Tim, Thank you for speaking with me on the phone this morning. Below and attached is the pre‐File notification for the CPV Valley Lateral Project for USFWS. If you could confirm receipt that would be great. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, April 30, 2015 12:48 PM To: '[email protected]' Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification

2

Mr. Stilwell, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

1

Libby, Nicole

From: Libby, NicoleSent: Monday, May 18, 2015 3:27 PMTo: Libby, NicoleSubject: FW: CPV Valley Lateral - Pre-filing Review Process NotificationAttachments: 8I0175out dated 5-14-2015.pdf

From: VanDonsel, MaryEllen [mailto:[email protected]] Sent: Thursday, May 14, 2015 9:09 AM To: Zimmer, John Cc: Robyn Niver Subject: CPV Valley Lateral ‐ Pre‐filing Review Process Notification

Hello - Please see the attached file for our threatened and endangered species response relative to the subject project. A hard copy will not be sent. Have a nice day. MaryEllen VanDonsel U.S. Fish and Wildlife Service New York Field Office 3817 Luker Road Cortland, NY 13045 email: [email protected] phone: 607-753-9334 fax: 607-753-9699

United States Department of the Interior

FISH AND WILDLIFE SERVICENew York Field Office

3817 Luker RoadCortland, NY 13045

Phone: (607) 753-9334 Fax: (607) 753-9699http://www.fws.gov/northeast/nyfo

To: JohnZimmer Date: May 14.2015

USFWS File NO:_,8=10=1:....:.7..=5 _

Regarding your: ___x_Letter Fax Email Dated: April 29, 2105

For project: CPV Valley Lateral pre-filing review process notification

Located: ------------------------------------------------------------

In Town/County: Town ofWawayanda / Orange County

Pursuant to the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 etseq.), the U.S. Fish and Wildlife Service:

Acknowledges receipt of your "no effect" and/or no impact determination. No further ESAcoordination or consultation is required.

Acknowledges receipt of your determination. Please provide a copy of your determination andsupporting materials to any involved Federal agency for their final ESA determination.

___x_ Is taking no action pursuant to ESA or any legislation at this time, but would like to be keptinformed of project developments.

As a reminder, until the proposed project is complete, we recommend that you check our website(http://www.fws.gov/northeastlnyfo/es/section7.htm) every 90 days from the date of this letter to ensurethat listed species presence/absence information for the proposed project is current. Should projectplans change or if additional information on listed or proposed species or critical habitat becomesavailable, this determination may be reconsidered.

USFWS Contacus): Q~~Supervisor: 400 ~ Date:S;#~

United States Department of the Interior

FISH AND WILDLIFE SERVICENewYorkFieldOffice

3817 LukerRoadCortland,NY 13045

Phone:(607) 753-9334 Fax: (607) 753-9699http://www .fws.gov/northeastlnyfo

Document Control Number: 80175~~~----------

To: John Zimmer Date: Jun 11 2015

Regarding: CPV Valley Lateral Project

Town/County: Town ofWawayandaJOrange County

We have received your request for information regarding occurrences of federally-listed threatened andendangered species within the vicinity of the above-referenced project/property. In an effort to streamline projectreviews, species lists may now be obtained from our website athttp://www.fws.gov/northeast/nyfo/es/section7.htm. Please go to this site and follow the instructions to obtain:an official list request response; information about listed, proposed, and candidate species; and steps to completeinitial assessments of whether a species may be present and impacted by a proposed action. Please note that thisprocess involves two parts: (1) visiting the U.S. Fish and Wildlife Service's IPaC website to obtain an officialspecies list; and (2) returning to the New York Field Office's website to complete the remaining steps indetermining your project's potential impacts.

As a reminder, Section 9 of the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.)prohibits unauthorized taking* of listed species and applies to federal and non-federal activities. Additionally,threatened and endangered species and their habitats are protected by Section 7(a)(2) of the ESA, which requiresfederal agencies, in consultation with the Service, to ensure that any action they authorize, fund, or carry out is notlikely to jeopardize the continued existence of listed species or result in the destruction or adverse modification ofdesignated critical habitat. An assessment of the potential direct, indirect, and cumulative impacts is required forall federal actions that may affect listed species.

For projects not authorized, funded, or carried out by a federal agency, we provide technical assistance toindividuals and other non-federal entities to assist with project planning to avoid the potential for ''take,'' or whenappropriate, to provide assistance with their application for an incidental take permit pursuant to SectionIO(a)(l)(B) of the ESA.

Project construction or implementation should not commence until all requirements of the ESA have beenfulfilled. If you have any questions or require further assistance regarding threatened or endangered species,please contact the Endangered Species Program at (607) 753-9334. Please refer to the above document controlnumber in any future correspondence.

*Under the ESA and regulations, it is illegal for any person subject to the jurisdiction of the United States to take (includes harass, harm,pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these), import or export, ship in interstate or foreigncommerce in the course of commercial activity, or sell or offer for sale in interstate or foreign commerce any endangered fish or wildlifespecies and most threatened fish and wildlife species. It is also illegal to possess, sell, deliver, carry, transport, or ship any such wildlife thathas been taken illegally. "Harm" includes any act which actually kills or injures fish or wildlife, and case law has clarified that such actsmay include significant habitat modification or degradation that significantly impairs essential behavioral patterns of fish or wildlife.

1

Libby, Nicole

From: Orzel, Brian A NAN02 <[email protected]>Sent: Friday, May 08, 2015 1:42 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification (UNCLASSIFIED)Attachments: NWPs.pdf; BT SURVEY_April 2006.pdf; Ibat fact sheet2012[1].pdf;

NorthernLongearedBatFactSheet-13.pdf; PHASE 1 REPORT - TEMPLATE.pdf

Classification: UNCLASSIFIED Caveats: NONE Ms. Libby, When the time comes to apply for a permit from this office, you will likely do it under Nationwide General Permit (NWP) Number 12, for Utility Line Activities. The current NWP regulations and regional conditions are attached. You will need to fully evaluate the proposed utility line path for the presence of waters of the United States, including wetlands. Once you have identified all waters along the utility line path, you will need to put them on your drawing set and calculate how many acres of each water would be impacted. If you would be directionally drilling under streams, there would be no impact to the stream. You will need to provide section drawings as well (longitudinal works best for this type of project), clearly showing how deep the line would be placed with respect to the waters. With these types of projects, the waters identification and impact calculations are often best organized in a table. You will also need to fully evaluate the proposed utility line path for possible impacts to federally endangered and threatened species under the Endangered Species Act. Attached are fact sheets for the most common ESA species in this part of Orange County. Below is a description of our permit program for your information: The Army Corps of Engineers regulates activities that include dredging or construction activities in or over any navigable waters of the United States, the placement of any dredged or fill material in any waters of the United States (including coastal or inland wetlands) or the accomplishment of any work affecting the course, location, condition or capacity of such areas. Such activities may require a Department of the Army permit, in accordance with 33 CFR 320‐332. Most waterbodies, including wetlands, intermittent streams and natural drainage courses, are considered to be waters of the United States. Currently, the State of New York Department of Environmental Conservation (NYSDEC) recognizes and maps state fresh water wetlands as those wetland areas that are 12.4 acres or more and/or are ecologically unique. A NYSDEC determination classifying an area as a non‐state regulated wetland does not free a property owner from his or her obligations under the Clean Water Act; the Corps regulates the discharge of dredged or fill material into all freshwater wetlands, regardless of size. To remain out of Department of the Army jurisdiction completely, we recommend that an applicant limit the project to those areas upland of any waters or wetlands of the United States. Not only is this environmentally sound, but it could potentially save an applicant considerable time and expense while attempting to obtain necessary federal, state or local permits. When fill material is contemplated to be placed within those areas of Corps jurisdiction, the extent of these waters of the United States needs to be delineated according to the Federal Methodology, which requires the evaluation of

2

features including the hydrology, the vegetation, and the soils present on the site. The current method for delineating Army Corps of Engineers jurisdictional wetlands is in accordance with the "Corps of Engineers Wetlands Delineation Manual," Technical Report Y‐87‐1, and the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region". The manual may be obtained from the U.S. Army Corps of Engineers New York District website at: http://el.erdc.usace.army.mil/elpubs/pdf/wlman87.pdf The regional supplement may be obtained from the U.S. Army Corps of Engineers New York District website at: http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/reg_supp/NCNE_suppv2.pdf It is possible that a project may qualify for a nationwide general permit (NWP), in accordance with 33 CFR 330 and the Issuance of Nationwide Permits in the Federal Register dated February 21, 2012 (77 FR 10184 ‐ 10290). An activity is authorized under a nationwide general permit only if that activity and the permittee satisfy all of the nationwide permit's terms and conditions. Unless a nationwide general permit contains a condition requiring the applicant to notify the Corps prior to undertaking the proposed activity, a written authorization is not necessary. Activities that do not qualify for authorization under a nationwide general permit may still be authorized by an individual or regional general permit. The current nationwide permits can be found on the Army Corps of Engineers Headquarters website at: http://www.usace.army.mil/CECW/Pages/nw_permits.aspx , or at the New York District website at: http://www.nan.usace.army.mil/Missions/Regulatory/NationwidePermits.aspx . If you have any questions, let me know. Brian Brian A. Orzel Project Manager/Civil Engineer U.S. Army Corps of Engineers New York District (917) 790‐8413 ‐‐‐‐‐Original Message‐‐‐‐‐ From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:52 PM To: Orzel, Brian A NAN02 Subject: [EXTERNAL] CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Orzel, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 ‐ 0854, with questions regarding the Project. Sincerely,

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Libby, Nicole

From: Callaghan, Robert <[email protected]>Sent: Thursday, May 28, 2015 10:17 AMTo: Libby, NicoleCc: GS-G-ER NMIC Records MgtSubject: Re: Valley Lateral Project - Information Request

Ms. Libby: USGS does not provide project review services. However, if there is some information you need in order to complete a project review, I can try to direct you to any USGS publications that may help. Regards, Robert Callaghan National Minerals Information Center U.S. Geological Survey phone: (703) 648-7709 e-mail: [email protected] Web: http://minerals.usgs.gov/minerals On Thu, May 28, 2015 at 9:59 AM, Libby, Nicole <[email protected]> wrote:

Mr. Callaghan,

Please note that the name of the project in the information request below has been modified to “Valley Lateral Project”. If you could refer to the project as such in any future response that would be appreciated. I can be reached at the contact information below with any questions and look forward to your response.

Thank you,

Nicole Libby

Project Specialist

TRC Environmental Corporation

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Libby, Nicole

From: Ferguson, Tony L -FS <[email protected]>Sent: Thursday, May 28, 2015 10:35 AMTo: Robert K. Davies ([email protected])Cc: Clark, Robert -FS; Libby, NicoleSubject: Valley Lateral Project - Information RequestAttachments: USDA-ForestService_Ferguson_05-19-2015.pdf; CPV Valley Lateral_2015May19.zip;

Valley Lateral Project - Information Request

Rob, Please see the message below from Nicole Libby at TRC Environmental Corporation. I am providing this to you as a heads-up as well as a possible response from your office. We identified Orange County, NY participation in the Common Water collaborative effort for the Upper Delaware but not anything else. There are no National Forests lands in the area and our records indicate that no Legacy money has been expended on conservation easements. We are not aware of any projects that might be impacted by this project but wanted to get this information to you as well. Do you know of any NRCS easement funds that could have been used in this area? Please reply to Nicole Libby at [email protected]

I am also attached a more recent email from Nicole regarding a project name change. Now called the “Valley Lateral Project”.

Thanks, Tony

Tony L. Ferguson Area Director

Forest Service Northeastern Area - State and Private Forestry

p: 610-557-4103 c: 610-574-1163 f: 610-557-4177 [email protected]

11 Campus Boulevard, Suite 200 Newtown Square, PA 19073 www.fs.fed.us

Caring for the land and serving people

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Libby, Nicole

From: Davies, Robert (DEC) <[email protected]>Sent: Thursday, June 25, 2015 1:23 PMTo: Libby, NicoleCc: Ferguson, Tony L -FSSubject: Valley Lateral Project - Info Request Attachments: USDA-ForestService_Ferguson_05-19-2015.pdf; Valley Lateral Project - Information

Request; CPV Valley Lateral_2015May19.zip

Dear Ms. Libby, In response to the attached request from the Forest Service, we have checked our available records to identify whether the proposed Valley Lateral Project in Orange County will cross or be within ½ mile of any Federal designated wild or scenic rivers, any lands administered by Federal agencies, any Federal designated natural, recreational or scenic areas, or any Federal designated or administered natural landmarks or visually sensitive areas. Our findings are similar to the Forest Service findings in that we have not identified any records relative to any of the above-referenced Federal areas. Please note that the Common Waters program does not cover this portion of Orange County and we are not aware of any NRCS involvement in this area. However, our research has indicated that 3 properties listed in the State and National Registers of Historic Places are found within ½ mile of the proposed Valley Lateral Project. In addition, Chuck Vandrei’s check of OPRHP records indicate quite a few recorded archeological resources are found within the project area. Also, the Federal protected Indiana bat is known to be in proximity to the proposed project. Not sure what importance is placed upon these additional found elements of this project, but suggest the project sponsor can request further information from Natural Heritage for the Indiana bats and OPRHP for the archeological resources and Historic Places. Thank you and hope this helps. Sorry it took awhile to respond back to you. Rob Davies – NYS Forester

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Libby, Nicole

From: Maraglio, Matthew (DOS) <[email protected]>Sent: Thursday, May 28, 2015 10:41 AMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - Information Request

Nicole Based on the information that you have provided, it appears that the project would be located outside of the New York State Coastal Area. Generally, for federal permitting actions involving actions outside of the coastal area, it is the applicant’s responsibility to determine if there will be any effects on coastal uses or resources within the coastal area. Should you determine that there will be effects, please complete a Federal Consistency Assessment Form and submit it along with all necessary data and information to the Department of State concurrently with your submittal to the applicable federal agencies. If you determine that there will be no effects on coastal uses or resources, then no submittal is required unless the Department of State advises you that coastal effects are likely and requests that you submit a certification. At this time, the Department of State does not anticipate that your proposed project will have any effects on coastal uses or resources within the NYS Coastal Area. Please continue to keep the Department of State copied on your submittals. ‐Matthew Maraglio

Matthew P. Maraglio Coastal Resources Specialist, NYS Coastal Management Program Consistency Review Unit, Office of Planning & Development New York Department of State 99 Washington Avenue, One Commerce Plaza, Suite 1010, Albany, NY 12231 O: 518.473.3371 | [email protected] www.dos.ny.gov

From: Zappieri, Jeffrey D (DOS) Sent: Tuesday, May 19, 2015 2:11 PM To: Maraglio, Matthew (DOS) Subject: FW: CPV Valley Lateral Project ‐ Information Request

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, May 19, 2015 1:27 PM To: Zappieri, Jeffrey D (DOS) Subject: CPV Valley Lateral Project ‐ Information Request Mr. Zappieri, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached information request for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. Project shapefiles are also attached to assist in your review. I am available at the contact information below if you have any problems viewing the attachments, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project.

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Libby, Nicole

From: Brower, Matthew (AGRICULTURE) <[email protected]>Sent: Friday, May 01, 2015 7:47 AMTo: Libby, NicoleCc: Zimmer, JohnSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Libby, The Department will participate in the Pre‐Filing Review Process. I look forward to discussing the project in greater detail, including potential agricultural impacts. Matt Brower Office (518) 457‐2851 Cell (518) 527‐7685

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:59 PM To: Brower, Matthew (AGRICULTURE) Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Brower, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Conrad, Nick (DEC) <[email protected]>Sent: Thursday, April 30, 2015 2:29 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Nicole, Thanks. I wanted to make sure a DEC office was on your mailing list, since Natural Heritage can’t speak for NYSDEC. Other than the request for rare and listed species information, there is no need to send other notices about the project to New York Natural Heritage. Nick

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 1:48 PM To: Conrad, Nick (DEC) Subject: RE: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Nick, Correct, no action is needed at this time. We will be following up in the coming weeks with an information request for RT&E species. I did send the same correspondence this afternoon to Region 3 Director Martin Brand. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Conrad, Nick (DEC) [mailto:[email protected]] Sent: Thursday, April 30, 2015 1:15 PM To: Libby, Nicole Subject: RE: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Ms. Libby, May I confirm that there is no action you are requesting from New York Natural Heritage at this time? Did the NYSDEC Regional Office also receive this notice? Thanks,

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Nick Conrad Nicholas Conrad Information Resources Coordinator New York Natural Heritage Program SUNY College of Environmental Science and Forestry In partnership with NYS Department of Environmental Conservation 625 Broadway Albany, NY 12233‐4757 (518) 402‐8944 [email protected] www.nynhp.org

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 1:03 PM To: Conrad, Nick (DEC) Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Conrad, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONDivision of Fish, Wildlife & Marine ResourcesNew York Natural Heritage Program625 Broadway, 5th Floor, Albany, New York 12233-4757 Phone: (518) 402-8935 • Fax: (518) 402-8925 Website: www.dec.ny.gov

Joe Martens Commissioner

June 12, 2015

John Zimmer


650 Suffolk Street, Suite 200

Lowell, MA 01854

Valley Lateral ProjectRe:

Minisink, Wawayanda. Town/City: Orange. County:

Dear John Zimmer:

Sincerely,

In response to your recent request, we have reviewed the New York Natural Heritage

Program database with respect to the above project.

Enclosed is a report of rare or state-listed animals and plants, and significant natural

communities, which our databases indicate occur, or may occur, on your site or in the

immediate vicinity of your site.

For most sites, comprehensive field surveys have not been conducted; the enclosed

report only includes records from our databases. We cannot provide a definitive statement as

to the presence or absence of all rare or state-listed species or significant natural

communities. Depending on the nature of the project and the conditions at the project site,

further information from on-site surveys or other sources may be required to fully assess

impacts on biological resources.

Our databases are continually growing as records are added and updated. If this

proposed project is still under development one year from now, we recommend that you

contact us again so that we may update this response with the most current information.

The presence of the plants and animals identified in the enclosed report may result in

this project requiring additional review or permit conditions. For further guidance, and for

information regarding other permits that may be required under state law for regulated areas

or activities (e.g., regulated wetlands), please contact the appropriate NYS DEC Regional

Office, Division of Environmental Permits, as listed at www.dec.ny.gov/about/39381.html.

584

Nicholas Conrad

Information Resources Coordinator

New York Natural Heritage Program

New York Natural Heritage Program

The following state-listed animals have been documentedin the vicinity of the Valley Lateral Project site.

The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed or are candidates for federal listing.

Report on State-Listed Animals

For information about potential impacts of your project on these populations, how to avoid, minimize, or mitigate any impacts, and any permit considerations, contact the Wildlife Manager at the NYSDEC Regional Office for the region where the project is located. A listing of Regional Offices is at http://www.dec.ny.gov/about/558.html.

The following species have been documented within 2.5 miles of the whole length of the Valley Lateral Project, and as close as .5 mile in some locations. Individual animals may travel 2.5 miles from documented locations.

SCIENTIFIC NAME FEDERAL LISTINGNY STATE LISTINGCOMMON NAME

Mammals

Myotis sodalis Endangered EndangeredIndiana BatSummer maternity colonies and bachelor colony

11288

This report only includes records from the NY Natural Heritage databases. For most sites, comprehensive field surveys have not been conducted, and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources.

If any rare plants or animals are documented during site visits, we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database.

Information about many of the listed animals in New York, including habitat, biology, identification, conservation, and management, are available online in Natural Heritage’s Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html.

Page 1 of 16/12/2015

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Libby, Nicole

From: Howe, Kathy (PARKS) <[email protected]>Sent: Thursday, May 07, 2015 2:31 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Thank you, Nicole. Looks like your original email got lost somewhere along the line. Thank you for your understanding. Paul Archambault is the survey staff reviewer for this project.

Kathleen A. Howe Survey Unit Coordinator Certified Local Government Representative for Western New York Division for Historic Preservation New York State Parks, Recreation & Historic Preservation Peebles Island State Park, P.O. Box 189, Waterford, NY 12188-0189 518-268-2168 [email protected] www.nysparks.com/shpo From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 07, 2015 2:25 PM To: Howe, Kathy (PARKS) Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification Kathy, Thank you for speaking with me on the phone this afternoon. Attached and below is the FERC pre‐file notification for the CPV Valley Lateral Project. If you could confirm receipt that would be appreciated. I am available at the contact information below if you have any questions or if you have any difficulty opening the attachment. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, April 30, 2015 1:36 PM To: '[email protected]' Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification

2

Ms. Pierpont, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Carter, Diana (PARKS) <[email protected]>Sent: Tuesday, May 26, 2015 10:47 AMTo: Libby, Nicole; Zimmer, JohnCc: Alworth, Tom (PARKS); Krish, Nathan (PARKS); Martens, Kathleen (PARKS); Bonafide,

John (PARKS); Croll, Christina (ITS); Grimaldi, Joseph (PARKS)Subject: RE: CPV Valley Lateral Project - Information Request

Dear Ms. Libby and Mr. Zimmer, The information you sent to our GIS Manager, Christina Croll, was forwarded to me for review. Thank you for sending the GIS shape files and project information. In your request to Christina Croll you letter indicated that you required the following information: “As part of the FERC NEPA review, it is necessary to identify whether the proposed facilities will cross or be within 0.50-mile of the following sensitive environmental areas: State forests and parks Public recreation areas and trails Scenic roadways, waterways, and protected open space Proposed greenways Land and Water Conservation Fund properties” Based upon my review, this project will have no impact on property under the jurisdiction of OPRHP. There is one municipal park, Shannen Park, operated by the Town of Wawayanda within the ½ mile buffer area of your project. My records show that there have been no LWCF dollars spent at this facility. The 2010 Statewide Trails Plan does not identify any Greenway trails existing or proposed with the ½ mile buffer area of the project. You are required to continue consultation regarding Cultural Resources with the State Historic Preservation Office (SHPO). SHPO review will be handled through the CRIS system. Please contact John Bonafide (cc’d) for the project submission process. For any additional areas on your list please consult the NYS Department of Environmental Conservation, the NYS Department of Transportation and the NYS Office of General Services. If you require any additional information regarding lands under the jurisdiction of OPRHP please feel free to contact me. Regards, Diana _____________________________________________

Diana Carter Director of Planning

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New York State Parks, Recreation and Historic Preservation Resource and Facility Planning Bureau 625 Broadway, Albany, NY 12238 Phone: (518) 474-8288 | Fax: (518) 474-7013 www.nysparks.com

From: Krish, Nathan (PARKS) Sent: Wednesday, May 20, 2015 8:02 AM To: Carter, Diana (PARKS); Martens, Kathleen (PARKS) Cc: Alworth, Tom (PARKS) Subject: FW: CPV Valley Lateral Project - Information Request FYI. Christina received this email yesterday, I’ve put the attachments in \\oprhp-smb\oprhp_shared\RMG review Files\Energy Reviews\CPV Valley Lateral Nathan

From: Croll, Christina (ITS) Sent: Wednesday, May 20, 2015 7:05 AM To: Krish, Nathan (PARKS) Subject: FW: CPV Valley Lateral Project - Information Request Are you doing anything with this? If so, for you!

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, May 19, 2015 2:37 PM To: Croll, Christina (ITS) Subject: CPV Valley Lateral Project ‐ Information Request Ms. Croll, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached information request for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. Project shapefiles are also attached to assist in your review. I am available at the contact information below if you have any problems viewing the attachments, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

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Libby, Nicole

From: Zimmer, JohnSent: Monday, May 11, 2015 2:55 PMTo: Libby, NicoleCc: Stoltzfus, Michael; Sara, TimSubject: FW: Millenium - Orange County Pipeline Project

FYI

From: Archambault, Paul (PARKS) [mailto:[email protected]] Sent: Monday, May 11, 2015 9:29 AM To: Zimmer, John Subject: Millenium ‐ Orange County Pipeline Project

Dear Mr. Zimmer, Thank you for your recent pre‐filing review process notification for the pipeline project in Orange County. At this stage of the project, the SHPO has no response. Any future project reviews can be submitted through our Cultural Resource Information System (CRIS). If you have not been notified about this process, you can view the CRIS project submission on YouTube. Please read below. We are now processing all consultation projects through our new all-online system, CRIS (https://cris.parks.ny.gov). I will enter this project in the system, but please use CRIS for all future project submissions. For more information on CRIS and a tutorial, please go to http://www.nysparks.com/shpo/online-tools/. You can submit projects as a guest or, if you frequently submit projects to our office, I recommend that you sign up through NY.gov to get a designated user ID for CRIS which would save you time in that you wouldn’t have to type in your contact information every time you submit a project. One useful pointer for submitting a project in CRIS is to be sure to wait until Step 5 to submit your project documents. Do not upload them under the “Built Resources” section, which is only to be used for photographs and documents related only to the building itself. If you have any further questions, please do not hesitate to contact me. Best, Paul

Paul Archambault Historic Preservation Specialist/Survey & Evaluation Unit

New York State Parks, Recreation & Historic Preservation P. O. Box 189, Peebles Island, Waterford, NY 12188 518-268-2194 [email protected] www.nysparks.com/shpo

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Libby, Nicole

From: Flaherty, Michael J (DEC) <[email protected]>Sent: Tuesday, July 14, 2015 7:42 PMTo: Libby, NicoleCc: Hogan, Chris M (DEC); Drumm, Brian R (DEC); Gierloff, Heather S (DEC); Disarno,

Michael A (DEC)Subject: FW: Valley Lateral Project - Fisheries ResourcesAttachments: Valley Lateral Project Area Streams_2005July07.docx; Valley Lateral_Stream Mapping_

2015July07.pdf


Hello Nicole, Sorry for not getting back to you more quickly. I was out of the office several days last week and will be heading out again for the rest of this week. I have not had a chance to look through the material you sent me. I believe Mr. Chris Hogan of our Division of Environmental Permits may be coordinating the DEC review on this project. So that we do not start duplicating any efforts, I have copied Mr. Hogan on this email in case there is an ongoing review that has already begun. When I get back next week, I can touch base with Mr. Hogan and begin the appropriate review. Sincerely, Michael J. Flaherty Fisheries Manager – Region 3, Division of Fish, Wildlife and Marine Resources New York State Department of Environmental Conservation 21 South Putt Corners Road, New Paltz, NY 12561 P: (845) 256-3066 | F: (845) 255-9219 | [email protected]

www.dec.ny.gov | |

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, July 07, 2015 10:34 AM To: Flaherty, Michael J (DEC) Cc: Wason, Samantha; Murray, Jessica Subject: Valley Lateral Project ‐ Fisheries Resources Mike, As mentioned below, attached is stream mapping and an associated list of streams in the Valley Lateral Project area. On behalf of Millennium Pipeline, LLC, TRC is requesting NYSDEC review the attached information and provide information on fishery types (coldwater vs. warmwater) of each surface water, including fisheries of special concern and associated potential time of year restrictions for any construction activities within the waterbody. If you have any questions or comments on the proposed Project, or if you need additional information for your review, please feel free to contact me at the cell number below or via email. Sincerely, Nicole Libby Project Specialist

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TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, July 02, 2015 12:30 PM To: '[email protected]' Subject: Valley Lateral Project Hi Mike, I just wanted to let you know I received your voicemail, thanks for the call back. I sent out an initial information request to the regional director (attached) in May but I am thinking it may not have made it your way. I currently have more specific mapping regarding stream crossings, and was looking for a fisheries contact to provide confirmation on fisheries resources and any associated timing restrictions. Now that I have your contact information I will send that your way today or early next week. Again, thanks for the call and look forward to speaking with you soon. Enjoy the 4th! Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

United States Farm New York State Office

Department of Service 441 S. Salina St., Suite 356

Agriculture Agency Syracuse, NY 13202-2455

(315) 477-6303 (315) 477-6323 fax

The United States Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin,

gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status (Not all prohibited basis apply to all programs). Persons with

disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET

Center at (202) 720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326W, Whitten Building, 14th and Independence Avenue, SW,

Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD) USDA is an equal opportunity provider and employer.

July 10, 2015

John Zimmer

Pipeline Manager/LNG Market Director

Wannalancit Mills

Millennium Pipeline Company, LLC

650 Suffolk St. Suite 200

Lowell, MA 01854

Dear Mr. Zimmer:

This is in response to your Freedom of Information/Privacy Act (FOIA/PA) request (copy

attached) dated May 19, 2015, to the New York State Farm Service Agency Office. The

New York State Farm Service Agency (FSA) FOIA/PA Office received a copy of your

request on January 14, 2013 and assigned it control number36-000-2015-000003. Please

reference this number in any future communication with our office about your request.

You have requested that the Farm Service Agency review its records relative to any of the

referenced areas and provide written comments pertaining to the identified resources.

In response to your request, we are withholding the records in full pursuant to 5 U.S.C

§552(b)(3) of the FOIA.

The records you have requested include information otherwise maintained by the

Secretary about agricultural land for which information was provided by an agricultural

producer or owner of agricultural land concerning the agricultural operation, farming or

conservation practices, or the land itself, in order to participate in programs of the

Department. This is information that the Secretary, any officer or employee of the

Department of Agriculture, or any contractor or cooperator of the Department, shall not

disclose.

If you believe our decision to withhold this information is incorrect, you may appeal it

within forty-five (45) days of the date of this letter. In doing so, please provide us with a

brief explanation of why you believe this decision is in error. Please include a copy of

your initial request letter in your appeal package, and clearly mark both your letter and its

envelope with the words “Freedom of Information Act Appeal”. Mail your appeal

package to the following address:

USDA/FSA

1400 Independence Ave., SW

STOP 0501, Room 3086-S

Washington, DC 20250-0501

If you have any questions about our response to your request, you may contact me at 315-

477-6354, by email at [email protected], or by mail at 441 S. Salina Street,

Suite 536 Syracuse, NY 13202.

Sincerely,

\\Virginia L. Green\\

Virginia L. Green

NYS FSA FOIA Officer


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Libby, Nicole

From: Sims, Ed <[email protected]>Sent: Wednesday, May 20, 2015 2:37 PMTo: Libby, NicoleCc: Ericson, ChristopherSubject: RE: Foil Request: CPV Valley Lateral Project - Information Request

Dear Ms. Libby, We have been able to review our records in reply to your request. Our replies to the 5 requested items are below:

1. We do not have mapping of USEPA, State, or Municipal designated aquifers. Information relative to this matter will need to be obtained from the NYSDEC.

2. We do not have information relative to State or municipal designated aquifer protection areas. 3. Our records indicate that there are no Surface waters that provide public drinking water supplies within ½ mile

of the pipeline. 4. We do not have information on State or municipal designated surface water protection areas. 5. We are unsure of what you are referring to by the term “alignment”, but we will assume that this means the

actual pipeline location unless notified otherwise. We do not have any public water supply wells located within 300 ft. of the pipeline, to the best of our knowledge. Reservoirs are considered Surface water and there are no surface waters that provide public drinking water within ½ mile, as indicated above. Springs are not considered viable drinking water supplies, and we are not aware of any for public drinking water within ½ mile. We do not have any information on private drinking water wells, reservoirs or springs.

Edwin L. Sims, P.E. Acting Director of Environmental Health/ Principal Public Health Engineer Orange County Dept. of Health 124 Main Street Goshen, NY 10924 845‐291‐2331 Main Line 845‐291‐2471 Direct 845‐291‐4078 Fax

From: Libby, Nicole [mailto:[email protected]] Sent: Tuesday, May 19, 2015 3:16 PM To: Sims, Ed Subject: CPV Valley Lateral Project - Information Request Mr. Sims, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached information request for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. Project shapefiles are also attached to assist in your review. I am available at the contact

1

Libby, Nicole

From: Temple University Archaeology <[email protected]>Sent: Monday, May 11, 2015 12:30 PMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Thank you, Nicole. We will review and contact you with any concerns or questions. Susan Bachor Sent via the Samsung Galaxy Note® 3, an AT&T 4G LTE smartphone -------- Original message -------- From: "Libby, Nicole" <[email protected]> Date: 05/11/2015 9:27 AM (GMT-05:00) To: [email protected] Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification

Dear Sir or Madame,

I am forwarding the attached FERC pre-filing notification for the CPV Valley Lateral Project to your attention per Mr. Brice Obermeyer. I spoke with Mr. Obermeyer on the phone on Friday and he suggested I forward the notification to this email address. If you could confirm receipt that would be appreciated. You also may reach me at the contact information below with any questions.

Thank you,

Nicole Libby

Project Specialist


650 Suffolk Street

Lowell, MA 01854

1

Libby, Nicole

From: Temple University Archaeology <[email protected]>Sent: Friday, May 29, 2015 1:34 PMTo: Libby, Nicole; Zimmer, JohnSubject: CPV Valley Lateral Project - FERC Pre-File Notification

Ms. Libby, Thank you for notifying the Delaware Tribe of the proposed project. We wish to be a consulting party on this project and look forward to receiving a copy of the Phase I report so we may evaluate the project and its’ potential threat to culturally significant resources. If human remains are discovered during the survey, we request that you immediately halt all ground disturbing activities and contact the Delaware Tribe before moving forward with the survey or project construction. Our review fee for pipeline projects is $500 per county, as these projects often span many miles. If you have any questions, feel free to contact me by phone at (610) 761-7452 or by e-mail at [email protected]. Susan Bachor Delaware Tribe Historic Preservation Representative Department of Anthropology Gladfelter Hall, Rm. 207 Temple University 1115 W. Polett Walk Philadelphia, PA 19122 [email protected] This electronic message contains information from the Delaware Tribe of Indians that may be confidential, privileged or proprietary in nature. The information is intended solely for the specific use of the individual or entity to which this is addressed. If you are not the intended recipient of this message, you are notified that any use, distribution, copying, or disclosure of this communication is strictly prohibited. If you received this message in error, please notify the sender then delete this message.

1

Libby, Nicole

From: Ann Bero <[email protected]>Sent: Thursday, May 07, 2015 10:00 AMTo: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File Notification

Received it

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, May 07, 2015 9:46 AM To: Ann Bero Subject: FW: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Thank you for speaking with me on the phone this morning. Below and attached is the FERC pre‐file notification letter for the CPV Valley Lateral Project. If you could confirm receipt that would be appreciated. Thank you, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

From: Libby, Nicole Sent: Thursday, April 30, 2015 1:20 PM To: 'abero@srmt‐nsn.gov' Subject: CPV Valley Lateral Project ‐ FERC Pre‐File Notification Mr. Thompson, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist

1

Libby, Nicole

From: Bonney Hartley <[email protected]>Sent: Friday, May 01, 2015 4:16 PMTo: Zimmer, JohnCc: Libby, NicoleSubject: RE: CPV Valley Lateral Project - FERC Pre-File NotificationAttachments: CPV Valley Lateral Orange Co NY-Mohican comment.pdf

Dear Mr. Zimmer & Ms. Libby, On behalf of Stockbridge‐Munsee Mohican Nation, attached please find our initial comment letter on the proposed CPV Valley Lateral Project. Thank you, Bonney

Bonney Hartley Tribal Historic Preservation Officer Stockbridge-Munsee Mohican Tribal Historic Preservation New York Office P.O. Box 718 **UPS/FedEx: 400 Broadway #718 Troy NY 12181 (518) 326-8870 office / (518) 888-6641 cell [email protected] www.mohican‐nsn.gov

From: Sherry White Sent: Friday, May 01, 2015 8:54 AM To: Bonney Hartley Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification

From: Jerilyn Johnson Sent: Thursday, April 30, 2015 2:51 PM To: Sherry White Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification FYI

From: Wally Miller Sent: Thursday, April 30, 2015 2:44 PM To: Jerilyn Johnson Subject: FW: CPV Valley Lateral Project - FERC Pre-File Notification

2

From: Libby, Nicole [mailto:[email protected]] Sent: Thursday, April 30, 2015 12:12 PM To: Wally Miller Subject: CPV Valley Lateral Project - FERC Pre-File Notification Mr. Miller, On behalf of Millennium Pipeline Company, LLC, TRC Environmental Corporation is providing you with the attached Pre‐Filing Review Process notification for the CPV Valley Lateral Project. A description of the Project and a general location map is included in the attachment. I am available at the contact information below if you have any problems viewing the attachment, or you may also contact John Zimmer ([email protected]), (978) 697 – 0854, with questions regarding the Project. Sincerely, Nicole Libby Project Specialist TRC Environmental Corporation 650 Suffolk Street Lowell, MA 01854 Office/Cell: 508‐944‐2102

Stockbridge-Munsee Tribal Historic Preservation Main Office New York Office

W13447 Camp 14 Rd P.O. Box 718

Bowler, WI 54416 Troy, NY 12181

(518) 326-8870 Email: [email protected]

John Zimmer Pipeline/LNG Market Director TRC Environmental Corporation Wannalancit Mills 650 Suffold St, Suite 200 Lowell, MA 01854

Via e-mail May 1, 2015

RE: Initial comment on Pre-Filing Review Process Notification, Millennium Pipeline Company LLC, CPV Valley Lateral Orange County, NY Dear Mr. Zimmer: We acknowledge receipt of materials providing information on the above-referenced undertaking. The materials were forwarded to me from President Miller’s office in Wisconsin. I am the designated historic preservation representative for our tribe and am based in a satellite office in upstate New York. Please contact me at the address above right or at [email protected] for further communications. On behalf of the Stockbridge-Munsee Community Band of Mohican Indians, I offer the following comments at this time:

We wish to consult on this project under our responsibilities for Section 106, as the

project mapping shows the project is within our cultural area of interest in Orange

County NY. To date, we have not received formal initiation of Section 106 consultation

from the federal agency responsible, FERC. In keeping with the Government-to-

Government approach of Section 106, please be advised that our formal consultation

will be with the FERC project manager when this person is identified. However, we can

accept technical communication that you wish to send for our information.

At this early stage, we wish to communicate our anticipated level of desired

involvement in the project:

1) We ask that we receive a copy of the draft Archeological Testing Protocols prior to

commencement of any archeological field work, for review and comment to ensure

it adequately includes our interests.

2) Similarly, we ask that we receive a copy of the Inadvertent Discovery Protocol prior

to commencement of any archeological fieldwork, also for review and comment in

accordance with our own tribal inadvertent discovery protocol.

3) We may wish to participate in tribal monitoring of archeological fieldwork.

Therefore, we ask that we receive notification at least one week prior to planned

fieldwork of the mapping, date/location/time of the fieldwork so that we may


Stockbridge-Munsee Tribal Historic Preservation Main Office New York Office

W13447 Camp 14 Rd P.O. Box 718

Bowler, WI 54416 Troy, NY 12181

(518) 326-8870 Email: [email protected]

determine if we wish to participate and can make the arrangements. If safety

training is required in order to be on the premises, we are happy to comply if given

sufficient opportunity to do so.

Thank you and we look forward to working with you. Kind regards,

Bonney Hartley

Tribal Historic Preservation Officer New York Office Cc: Nicole Libby, TRC, via email only

From: John Bartow [mailto:[email protected]] Sent: Tuesday, October 27, 2015 12:24 PM To: Welch, Elisabeth <[email protected]> Subject: RE: Sustainable Forestry Initiative Certification Program parcels crossed by Valley Lateral Project, Orange County Lisa: The only SFI certified landowner in Orange County that I am aware of would be the NYS Department of Environmental Conservation. You can identify DEC owned lands on the Department’s public web page: http://www.dec.ny.gov/pubs/103459.html which will allow you to use Google Earth to view State Forest lands in Orange County (not many). Only State Forests (Reforestation Areas, Multiple Use Areas, and some Unique Areas) are certified to the SFI standard. John K. Bartow, Jr. Executive Director Empire State Forest Products Association 47 Van Alstyne Drive Rensselaer, NY 12144 Tel (518)463-1297 Cell (518) 573-1441 [email protected] From: Welch, Elisabeth [mailto:[email protected]] Sent: Wednesday, October 14, 2015 12:23 PM To: John Bartow Subject: Sustainable Forestry Initiative Certification Program parcels crossed by Valley Lateral Project, Orange County Mr. Bartow, TRC is developing an environmental impact analysis for the Federal Energy Regulatory Commission that requires the identification of lands managed for special uses or management, such as forest/tree certification programs. We need to determine whether the proposed Valley Lateral Project in Orange County, New York will cross or be within 0.50-mile of forested parcels enrolled in the Sustainable Forestry Initiative Certification Program. We respectfully request your comments pertaining to any potentially affected areas. Please feel free to contact me with any questions or comments you may have. Attached is a map of the Project showing the proposed lateral pipeline in Orange County, the interconnection with the existing Millennium Pipeline, and associated projected facilities that include a pipe yard and access roads.

Lisa Welch Senior Environmental Planner



http://www.dec.ny.gov/pubs/103459.html



1526 Cole Boulevard, Building 3, Suite 150, Lakewood, CO 80401 Direct: 303-395-4083 | Main: 303.792.5555 | Fax: 303.792.0122

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TRC Project No. 225501 1 of 1

TELEPHONE CONTACT


Valley Lateral Project

Date of Conversation: October 13, 2015

Agency/Organization/Individual Contacted Valley Lateral Project Representative

Name / Title: John Zylstra (Azimuth Forestry) Name: Lisa Welch

Agency/ Organization:

Advisory Board for Orange County New York State Tree Farm, Inc.

Office Location:

TRC Lakewood Office

Phone No.: (845) 355-9042 [email protected]

Phone No.: (303) 579-4897

Subject of Call:

Millennium request for occurrence and location of any properties in ATFS program within the vicinity of the project.

Follow-up: Phone call

Cc: (via email)

Discussion: Phone call to John Zylstra to request the occurrence and location of any properties enrolled in the American Tree Farm System (ATFS) in Orange County in the vicinity of the project. John requested that we email a Project map to evaluate location of pipeline relative to properties. Followup: October 14, 2015 Emailed a Project map and an information request for the occurrence and location of ATFS enrolled properties to John Zylstra as per his request. No response as of 10/16/2015.



Memo



Michael Armiak of Millennium Pipeline had several conversations from August 12th through the 19th.regarding local economic development. He spoke with Orange County Partnership President Maureen Halahan (twice), Director of Business Attraction Bill Fioravanti (three times) and the Wallkill Planning Board Secretary Marylynn Hunt. Through the conversations the following projects were identified and their status in the vicinity of the pipeline alignment: NY State Route 17 at exit 122 Under construction in Wallkill. Should be completed in September. Route 211 Pedestrian and Landscape Improvements In the design phase. Planned construction in Wallkill next year. Kent Farm Development Under DEIS review Sleep Inn Hotel Construction to begin any day. Tiller USA Manufacturing Under construction in Wallkill Hilton Home2 Pending before Wallkill Planning Board Pratt & Whitney Manufacturing Near construction completion in Wallkill Kikkerfrosch Brewery Under construction next spring in Goshen Orange Regional Medical Center Under construction in Wallkill President Container Under construction in Wallkill Clemson Brewery Under construction in Middletown Pathway to Health Seeking funding

Memo Page 2 of 2

Equilibrium Brewery Construction expected to begin within 2 months Echo Lake Corporate Park Construction expected to start spring, 2016 Amy’s Kitchen Construction expected to start spring, 2016

From: [email protected]: Murray, JessicaSubject: Re: Public Water SupplyDate: Thursday, October 08, 2015 11:38:06 AM

Good Morning Ms. Murray,

The Town of Minisink does not have a public water supply. All theresidents of the town have private wells. The only area of the town witha public water supply is Pheasant Hill Development, which is privatelyowned.

Please let me know if you need additional information.

Best,Sally CrawfordTown Clerk

> Good morning,> I am looking for information, including location, depth to> water, and water-level elevation, regarding aquifers> utilized for public water supply in the Town of Minisink.> This information is need to answer question for the> Millennium Valley Lateral Pipeline Project which starts> southwest of Fordlea Road and runs northeast to Rutgers> Creek and beyond through Wawayanda.>> Thank you,> Jessica Murray> Environmental Specialist> Planning, Permitting and Licensing>>>>>>>> [cid:[email protected]]>> 14 Gabriel Drive, Augusta, ME 04330> T: 207.620.3841 | C: 207.462.1841 | F: 207.621.8226> LinkedIn<http://www.linkedin.com/company/trc-companies-inc> |> Twitter<http://twitter.com/TRC_Companies> |> Blog<http://blog.trcsolutions.com/> |> Flickr<http://www.flickr.com/photos/trcsolutions/> |> www.trcsolutions.com<http://www.trcsolutions.com/>>>>>>>



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TELEPHONE CONTACT



Date of Conversation: 10/11/2015

Agency/Organization/Individual Contacted Valley Lateral Project Representative

Name / Title: John Slockbower Name: Nicole Libby

Agency/ Organization:

Town of Unionville Office Location:

Lowell, MA

Phone No.: (845) 421-1590 Phone No.: 508-944-2102

Subject of Call: Town of Unionville public wells

Follow-up: None Cc:

(via email)

Discussion: I asked Mr. Slockbower where the wells were located for the Town. Mr. Slockbower said that the wells were located down the end of Barton Ave, in a fenced area next to a big building. I was able to find the location based on his description.

From: LauraTo: Murray, JessicaSubject: Wawayanda pump house addressesDate: Wednesday, October 21, 2015 1:36:19 PM

Good Afternoon Jessica, I spoke with our building department and the best I could get on addresses for our municipal wells is the addresses for our pump houses.Arluck Water District – 25 Seth Dr.Denton Hills Water District – 73 Co Rt. 56Robinn Meadows Water District – 721 Pocatello Rd, 1 Rebecca Dr.Ridgebury Lake Water District – 30 Lake View Ave, 13 Woodward Rd Now the town hall is at 80 Ridgebury Hill Rd but our well is back into the woods how far exactly I do not know. I will also give you the number of our water/sewer person so you can check information with him if you like. His name is Jeff Mills Sr. 845-467-1457 If you have any other questions please let me know. Laura Town of Wawayanda Supervisor’s OfficeLaura Slowik, Administrative Assistant80 Ridgebury Hill RoadSlate Hill, NY 10973(845) 355-5700 Ext. 203(845) [email protected]




Resource Report 1 – General Project Description 1E-i Valley Lateral Project

APPENDIX 1E

Public Participation Plan

Public Participation PlanMillennium Lateral to the CPV Valley Energy Center

2015

I. PROJECT OVERVIEW

The Millennium Pipeline Company, L.L.C. (Millennium) has entered into an agreementwith CPV Valley, LLC (CPV) to build a lateral natural gas pipeline (lateral) that willconnect Millennium’s gas mainline to CPV’s new 650 MW power plant in Wawayanda,N.Y. (“Project”).

To ensure that the public is aware of the Project and has opportunities for input,Millennium has developed the following Public Participation Plan that summarizesplanned outreach to key stakeholders in the area as well as the general public.Millennium is committed to adhering to this plan which encompasses early publicnotification and regular communications with all stakeholders.

II. KEY STAKEHOLDERS

Affected landowners Federal, state, and local governmental officials Regulatory and permitting agencies Community groups News media

III. COMMUNICATIONS STRATEGIES AND TOOLS

Millennium’s outreach efforts are designed to inform, engage, and build relationshipswith all the stakeholders interested in the regulatory review process, from Projectinception and announcement through completion. Millennium will engage withstakeholders and the public early in the Project review process to inform them about thepurpose and need of the Project as well as the process to identify the proposed route,key features of the proposed route, when selected, opportunities for public input, theregulatory process, and the construction and operation processes. Additionally, theoutreach efforts are intended to help identify and address stakeholder concerns aboutthe Project

Millennium will actively focus on engaging stakeholders and the community at-large,using a variety of communication methods.

Millennium plans a broad distribution of informational materials, utilizing direct mail,media outreach, the company’s website, a toll-free information line, local newspaperads, and other local resources.

To carry out this plan, Millennium will do the following:

NLibby

Text Box

November

Conduct face to face meetings with landowners, elected officials and keystakeholders;

Distribute direct mail pieces; Create collateral materials such as fact sheets, maps and other printed materials

that will be made available to the public in a variety of places; Create a dedicated section on the Millennium web site

(http://www.millenniumpipeline.com/index.html) that contains important publicinformation and provides the opportunity for the public to provide feedbackdirectly to Millennium;

Create a repository of informational material at the Wawayanda Town Hall; Set up a local phone number for the public to call; Set up an email address for Project comments and questions; and Host an open house meeting in the Project area that will give interested parties

access to information and the opportunity to discuss the Project with Millenniumrepresentatives.

IV. DIRECT MAIL

Within fourteen days after the Federal Energy Regulatory Commission’s issuance of thenotice approving the use of the pre-filing process, Millennium will initiate a direct mailingto all stakeholders, including federal and state agencies, elected officials and potentiallyaffected landowners. The mailer will provide an overview of the Project, including aproposed schedule, the route evaluation process, and specifics on the preferredlocation of the lateral, if known at that time.

V. INFORMATIONAL OPEN HOUSE

Millennium will hold a public open house to introduce the Project to the community. Theformat will be structured around information stations, complete with displays andphotographs. While there will not be a formal question and answer session, communitymembers and other interested stakeholders will be able to speak with, and askquestions of, company representatives and Millennium’s contractors to learn about thevarious aspects of the Project such as potential environmental impacts, constructionprocesses, Project equipment and other pertinent facts.

The meeting will be held in an accessible public location in Wawayanda. Fact sheets,maps and other collateral materials will be available for people to take home.

Millennium will publicize the open house by:

Issuing a press release to local media Placing advertisements in local newspapers; and Sending direct mail.

VI. INFORMATION REPOSITORIES

In an effort to make information about the Project available in readily accessible publicvenues, material about the Project will be available for review by local residents at theWawayanda Town Hall.

VII. TOLL-FREE AND LOCAL INFORMATION LINES

Millennium will establish a dedicated, direct local line 845-645-1176 and toll free line877-745-5615 where stakeholders can share concerns about the Project. In addition, forgeneral company or pipeline inquiries, Millennium maintains a toll-free phone line at(877) 213-1944.

VIII. WEB PRESENCE

MPC will update the Millennium website (www.millenniumpipeline.com) and use it tocommunicate with the public as well. As the Project moves through the various stagesof development, MPC plans to add the following details on the Project to the site:

A proposed route map; Expected timeline with key dates; Facts and bullets on the benefits of the Project; Contact information for Millennium; and Links to the sites of places such as the CPV Valley Energy Center, regulatory

agencies, and other important sites.

IX. GOVERNMENT RELATIONS

To assist state and local officials in understanding the Project objectives and to providethem with the support they need to respond to constituent inquiries, Millennium will be:

Conducting introductory briefings; Providing regular updates; and Inviting officials to attend sponsored events such as the Informational Open

House.

X. SINGLE POINT OF CONTACT

Michael Armiak will serve as the primary contact for the public regarding the Project andcan be reached by phone at 845-645-1176. He can also be reached by email [email protected].

XI. INFORMATION REQUESTS FROM FEDERAL & STATE PERMITTINGAGENCIES

Millennium will respond in a timely manner to information requests from federal andstate permitting agencies through its environmental consultants or other designatedrepresentatives.

Resource Report 1 – General Project Description 1F-i Valley Lateral Project

APPENDIX 1F

CPV Valley Energy Center New York State Public Service Commission Approval

STATE OF NEW YORK

PUBLIC SERVICE COMMISSION

At a session of the Public Service

Commission held in the City of

Albany on May 8, 2014

COMMISSIONERS PRESENT:

Audrey Zibelman, Chair

Patricia L. Acampora

Garry A. Brown

Gregg C. Sayre

Diane X. Burman

CASE 10–E-0501 - Petition of CPV Valley, LLC for a Certificate

of Public Convenience and Necessity Pursuant to

Section 68 of the Public Service Law, Approval

of Financing Pursuant to Section 69 and for

Approval of a Lightened Regulatory Regime.

ORDER GRANTING CERTIFICATE OF

PUBLIC CONVENIENCE AND NECESSITY,

AUTHORIZING LIGHTENED RATEMAKING REGULATION,

AND APPROVING FINANCING

(Issued and Effective May 9, 2014)

BY THE COMMISSION:

INTRODUCTION

CPV Valley, LLC (CPV Valley) proposes to construct and

operate a natural gas-fired, combined-cycle electric generating

facility with a nominal rating of 630 MW, located in the Town of

Wawayanda, Orange County (Project). On October 14, 2010, CPV

Valley filed a petition with the Commission requesting: 1) a

Certificate of Public Convenience and Necessity (CPCN) pursuant

to Public Service Law (PSL) §68; 2) approval of a lightened

regulatory regime; and, 3) approval of financing pursuant to PSL

§69 (Petition). Along with its request for a CPCN, CPV Valley

filed a motion requesting an expedited proceeding pursuant to 16

NYCRR §21.10 (Motion), so that the hearing required by PSL §68

may be held before the Commission on the Petition and any

CASE 10-E-0501

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information filed by the parties, without oral testimony. In

this order the Commission grants a CPCN with conditions,

authorizes lightened ratemaking regulation, and approves the

proposed financing with respect to the Project. In addition,

the Commission denies the Motion, having held a Public Statement

Hearing to receive comments.

THE PETITION

The Petition filed by CPV Valley on October 14, 2010

was supplemented in filings made on the following dates: 1)

November 1, 2010 (providing Affidavits of Service and

Publication with respect to the Petition); 2) March 26, 2012

(providing a copy of the Final Environmental Impact Statement);

3) October 11, 2013 (providing the necessary municipal consents

as part of an Effluent Water Supply and Process Water Discharge

Services Agreement with the City of Middletown); 4) November 19,

2013 (providing updates regarding required permits and

approvals, and clarifying the MW nameplate capacity for the

Project); 5) April 8, 2014 (providing information with respect

to seismic conditions); 6) April 9, 2014 (providing Affidavits

of Service and Publication with respect to the Public Statement

Hearing and Procedural Conference); and, 7) April 10, 2014

(providing the CPV Valley company agreement and certificates of

good standing).

The Petitioner

CPV Valley is a limited liability company organized

under the laws of the state of Delaware. CPV Valley is a

wholly-owned subsidiary of CPV Power Development, Inc., which is

a wholly-owned subsidiary of Competitive Power Venture Holdings,

LLC (CPV Holdings). CPV Holdings is developing approximately

5,000 MW of natural gas generation projects, while it manages

approximately 6,100 MW of natural gas generation assets. CPV

CASE 10-E-0501

-3-

Holdings is also developing approximately 5,000 MW of wind

projects.

Proposed Project

The Petition describes the Project, referred to as the

CPV Valley Energy Center, as a natural gas combined-cycle

generating facility with a nominal rating of 630 MW, and a

maximum summer rating of 656 MW at 85 degrees Fahrenheit.

Approximately 373 MW of this power would be produced using two F

Class gas combustion turbines (Siemen’s SGT6-5000F), while a

Heat Recovery Steam Generator (Siemen’s KN8.7) with natural gas

duct burners would provide approximately 304 MW of additional

power. CPV Valley estimates approximately 21 MW will be used

for station power use, which would result in a net peak summer

electric output of 656 MW. CPV Valley indicates that the

Project will have a nameplate generating capacity of 820 MW,

using two gas combustion turbines rated at 235 MW, and one heat

recovery steam turbine generator rated at 350 MW. The primary

fuel would be natural gas, with ultra-low sulfur distillate oil

serving as a back-up fuel. The use of oil would be limited to

720 hours per year, per turbine.

The Project would employ emissions control technology,

including a Selective Catalytic Reduction technology to control

nitrogen oxides and an oxidation catalyst to control carbon

monoxide emissions. Air-cooled condensing would be used to

minimize water use and avoid visual impacts associated with

potential cooling plumes.

The CPV Valley Energy Center would be constructed on

approximately 22 acres of a 122 acre privately owned land

parcel. In connection with the generating facility, CPV Valley

plans to construct a gas lateral for its fuel supply, an

approximately one mile electrical interconnection with the New

York Power Authority’s existing 345 kV transmission system, a

CASE 10-E-0501

-4-

process water pipeline to supply treated grey water from the

City of Middletown Wastewater Treatment Facility (WWTF), a

pipeline for discharged process water back to the WWTF, an

interconnection with the municipal water system along Route 6

for potable water, and a sewage interconnection. Underground

electric cables would be located along the eastern edge of the

Project site, and within the New York State Department of

Transportation Route 17M right-of-way, and interconnect with a

new substation adjacent to the New York Power Authority’s Marcy

South transmission line. Final locations for the Facility

utilities described above are subject to pending approvals.

CPV Valley plans to undertake construction on a

continuous cycle over 31 months. The Project is estimated to

create upwards of 660 jobs during construction. Approximately

25 operations and maintenance personnel would be employed once

the Project is operational.

CPV Valley indicates that the electrical output from

the Project will be sold exclusively into the wholesale markets

administered by the New York Independent System Operator, Inc.

or neighboring control areas, and will not be sold at retail.

CPV Valley anticipates the wholesale sales will be made pursuant

to the wholesale spot markets, power purchase agreements, or

financial hedge contracts.

The Project’s construction and operation would be

funded through a combination of debt and equity, with CPV

Holdings retaining an ownership position and management

responsibility. The total financing for the Project is expected

to be $680 million. CPV Valley intends to enter into a

sale/leaseback arrangement with the Orange County Industrial

Development Agency. The Petition asserts that CPV Valley and

its affiliates will bear all the financial risk associated with

the financing arrangements. CPV Valley requests authorization

CASE 10-E-0501

-5-

to substitute financing entities and charge payment terms and

amounts of financing without Commission approval, so long as the

total financing is less than or equal to $680 million.

SUMMARY OF PUBLIC COMMENTS

Notice of the Petition and Motion was published by CPV

Valley in The Times Herald-Record, a newspaper of general

circulation in the vicinity of the Project, on October 18, 2010.

No public comments were received within the ten-day comment

period prescribed under the Commission’s regulations at 16 NYCRR

Part 21.10(b)(2). In addition, in conformance with the State

Administrative Procedure Act (SAPA), notice of the rulemaking

issues under consideration here was published in the State

Register on November 24, 2010 [SAPA 10-E-0501SP1]. No public

comments were received within the minimum 45-day comment period

established pursuant to SAPA.

On February 13, 2014, a notice was issued by the

Commission indicating that a Public Statement Hearing and

Procedural Conference would be held on February 25, 2014, with

regard to CPV Valley’s request for a CPCN.1 Notice of the Public

Statement Hearing and Procedural Conference was also published

by CPV Valley in The Times Herald-Record on February 20, 2014.

On February 25, 2014, Administrative Law Judge (ALJ) Paul

Agresta conducted a Public Statement Hearing and Procedural

Conference in Middletown, NY. Approximately 50 people spoke at

the public statement hearing. In response to requests to extend

the public comment period, ALJ Paul Agresta issued a ruling

dated February 26, 2014, which extended the deadline for

1 A Public Statement Hearing and Procedural Conference was

previously scheduled and subject to public notice for

February 13, 2014, but was cancelled due to inclement weather.

CASE 10-E-0501

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comments until March 5, 2014. Approximately 190 written

comments were received.

Comments were filed indicating both support and

opposition for the Project. Supporters primarily included local

government officials, union representatives, and the various

local Industrial Development Authorities or Agencies (IDAs).

The supporters generally noted that the Project would be good

for the local economy and would result in job creation. The

IDAs stated that they worked side-by-side to develop a Payment-

In-Lieu-Of-Taxes program with CPV Valley, and they are

supportive of the Project being sited in the area.

The Town of Wawayanda (Town) noted that the proposed

project was known in 2008, and since that time the Town has

completed a comprehensive review costing hundreds of thousands

of dollars. Further, it was indicated that the Project has

received all necessary approvals from both the Town and the City

of Middletown. Following on this theme, Orange County officials

stated that because all local approvals and authorizations have

been received there is no reason why the Project should not go

forward at this late stage. The Orange County Chamber of

Commerce noted that CPV Valley properly completed its due

diligence and obtained all necessary local permits and urged the

Commission to grant a Certificate.

Local business representatives also stated their

support and noted that CPV Valley made a significant effort to

notify the public about its plans. These entities maintain that

natural gas is a clean burning fuel and that Project benefits

would include future opportunities for local service suppliers.

Generally, objections with the proposed Project

included the need for siting a major generating facility in the

region, and concerns regarding the environment, health, and

safety. Concerns were also raised with property value impacts

CASE 10-E-0501

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on the surrounding community, and the adequacy of public notice

concerning the Project. Approximately one thousand people

signed two petitions in opposition to the Project.

Many residents objected to the Project, stating that

they did not believe that additional electric generation

capacity is necessary. A representative for the Sierra Club

stated that according to New York Independent System Operator,

Inc. (NYISO) reports there is enough generating capacity until

2020, and suggested that transmission system upgrades to deliver

the proposed facility output to the downstate area would be

expensive and the interconnection may cause congestion on the

Marcy South line. Commenters also alleged that New York State

currently has excess electric power generation capacity and only

utilizes approximately 41% of existing generation capacity.

They identified the NYISO Power Trends 2013 Report and referred

to the New York State Energy Plan to support their allegation

that there is no current or anticipated shortage of electrical

power supply in the State. They claimed that while the price

downstate consumers pay for electricity is comparatively high to

other parts of the State, they believe there is no need for the

electricity CPV Valley plans to generate.

Several speakers suggested that renewable energy

development in the region is more appropriate than development

of additional fossil-fueled generation. They claim that the

Project will increase the level of greenhouse gasses in the

environment and that the Commission should instead seek to build

renewable energy supplies from wind, solar, and hydro power.

There were also concerns raised about facility operational

impacts, including noise, and that natural gas is not a clean

burning fuel and contributes to smog and climate change.

Further, concerns were expressed about pollutants contaminating

the air and water in the area. For example, some argue that the

CASE 10-E-0501

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Project will increase greenhouse gas emissions leading to more

severe climate events, such as with Hurricane Sandy, and that

the Project would emit 2.2 million metric tons of CO2 annually

and release large amounts of methane into the air.

According to some commenters, a recent report by the

International Panel on Climate Change states that methane is 34

times more potent as a greenhouse gas than CO2 over a 100-year

period and 86 times more potent over a 20-year period. This is

higher than formerly reported in Cornell University's study by

Robert Howarth, et al., which reported that methane was 72 times

more potent than CO2 over a 20-year period. Moreover, it was

claimed that because gas infrastructure leaks large amounts of

methane into the air and the total leakage exceeds 3.2%, natural

gas becomes worse for the climate than coal. This Project, it

is asserted, would likely result in even greater leakage rates

because power plants and compressor stations have large numbers

of valves which are known to leak excessively, especially during

cold temperatures.

Many comments expressed opposition to the hydraulic

fracturing process being used to develop additional natural gas

reserves that would allegedly be used to power the generating

facility. Concerns were expressed about potential chemical

spills or explosions, and the capability of local emergency

responders was questioned.

Some commenters raised concerns over potential natural

disasters including earthquakes, flooding, and extreme heat.

One local resident noted that the Project site is located on a

fault line and on an Indian burial ground. The Ramapough Lenape

Nation indicated that it is monitoring the Tennessee pipeline in

New Jersey at the pipeline’s cost and seeks a similar

arrangement here.

http://www.energyjustice.net/files/naturalgas/2012alvarez.pdf

http://www.energyjustice.net/files/naturalgas/2012alvarez.pdf

CASE 10-E-0501

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Other commenters submit that construction has already

begun for this Project prior to the Commission’s approval and

noted that certain site work has already progressed, including

felling several large trees in the direct path proposed for the

underground electric cables for this Project. Many of these

same trees were identified as roosting sites for the endangered

species, the Indiana Bat. These individuals noted that PSL §68

specifies that no construction is to begin until permission and

approval is granted by the Commission. Furthermore, in areas

known to be inhabited by the Indiana Bat, such as the Project

site, a permit from the United States Fish and Wildlife Service

is required to cut down trees greater than five inches in

diameter. Many of the trees that were cut span over four feet

in diameter. Moreover, requests were made that all permits and

approvals required by agencies should be obtained before any

tree clearing is allowed to begin.

In line with these environmental comments, several

commenters stated that the State Environmental Quality Review

Act (SEQRA) review was insufficient and request that the Project

be evaluated through a supplemental Environmental Impact

Statement (EIS). In particular, Senator Avella notes that the

SEQRA EIS failed to address all environmental concerns, is

seriously deficient, and that litigation remains pending with

regard to the NYS Department of Environmental Conservation air

permit. The EIS did not, according to Senator Avella, evaluate

the market price and supply impacts that surplus upstate

electricity, which can be transferred into the lower Hudson

Valley, will have on ratepayer costs and on CPV Valley’s

production.

Moreover, commenters argue that the impacted

electricity that is imported into the region from the PJM

Regional Transmission Organization system and from Canada via

CASE 10-E-0501

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the traditional grid was completely ignored and must be

evaluated to determine its impact on the market share and

necessity for CPV Valley. It is suggested that the Champlain

Hudson Power Express submarine cable from Canada to New York

City, which is in the final stages of the approval process, will

also impact CPV Valley's sales, as will other proposed projects

such as that presented by Boundless Energy, Inc. (Boundless).

Commenters argue that Boundless provides one of the least

expensive, least intrusive, and technologically advanced

solutions to address upstate transmission congestion.

In addition, commenters state that the Commission,

through its Alternating Current Transmission Upgrade initiative

(Case 13-E-0488), knows that system-wide efficiencies and

improved access to surplus power due to grid upgrades and new

transmission technology will reduce the need for traditional

power plant generation in general and will preclude the need for

the electricity to be generated by CPV. These major new energy

developments, commenters submit, occurred while the EIS was

completed and were excluded from consideration, but are critical

to CPV Valley's Petition and must thoroughly be evaluated by

means of a Supplemental EIS.

Some local residents noted that the Minisink

Compressor Station is already interfering with their normal

activities. One woman stated that she can’t go outside and farm

her land anymore because the compressor station makes her

physically sick. This was confirmed by another person who filed

comments. They believe it will get worse when the proposed

plant is operational and emits alleged toxins.

Some residents stated that they were angry that the

plant will now be over 800 MWs, as opposed to the approved 630

MWs. Because of this, residents believe that the air permit

CASE 10-E-0501

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should be re-evaluated. They believe that there will be more

emissions as a result of this “increase” in generating capacity.

Many commenters stated that the plant should not be

sited on the selected lot. They claim the area is zoned

agricultural/residential and includes a wetland. A few

residents raised concern over the proximity of the plant to the

local school (within 5 miles of the school). Many residents

noted that according to local law, nothing is supposed to be

built within 100 feet of any cemeteries in town.

Other local residents stated that their property

values would decrease. Moreover, many opponents commented that

the proposed project is dependent on ratepayer and taxpayer

subsidies. According to many commenters, these subsidies are

not appropriate and will burden taxpayers and ratepayers in

Orange County and beyond. It was additionally noted that the

Federal Energy Regulatory Commission has created a New Capacity

Zone (NCZ) which will increase electricity bills. According to

Hudson River Sloop Clearwater, Inc., adding the proposed

construction costs of the project, IDA incentives and cost

increases of the proposed NCZ, will result in severe financial

impacts on residents and businesses, especially those on the

margin or living in poverty. In its opinion, it is unfair to

require the public to bear these costs along with the

environmental and health risks associated with the Project. In

addition, many opponents believe that since demand for

electricity from power plants has declined, CPV Valley will only

succeed at the expense of existing power plants, such as Athens

Generating Plant, and will compete with the repowered Roseton

and Bowline and the new Cricket Valley Energy Center.

Finally, several residents complained that they did

not receive proper notification regarding the Project and only

recently learned about it. They requested an additional 30-day

CASE 10-E-0501

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comment period for residents who just heard about the Project to

learn about the issues and provide meaningful input. There were

further requests for additional hearings. Certain residents

asked for party status and requested an "issues hearing" or

technical conference to provide an opportunity to raise specific

issues and to receive answers, including all Project

ramifications.

DISCUSSION

Procedural Matters

Expedited Proceeding

CPV Valley moved for an expedited proceeding under 16

NYCRR § 21.10, so that the hearing required by PSL §68 may be

held before the Commission on the Petition and any information

filed by the parties, without oral testimony. As noted above,

notice of CPV Valley’s Petition and motion for an expedited

proceeding was published by CPV Valley in The Times Herald-

Record, a newspaper of general circulation in the vicinity of

the Project, on October 18, 2010. Although no public comments

were received within the ten-day comment period prescribed under

our regulations, the Commission held a Public Statement Hearing

and Procedural Conference in Middletown, NY on February 25,

2014, in order to receive oral comments. Accordingly, CPV

Valley’s motion for an expedited proceeding is denied.

Request for Party Status and Evidentiary Hearing

On March 6, 2014, Pramilla Malick requested an

evidentiary hearing with respect to alleged tree clearings on

the Project site and other matters related to the SEQRA review

process. On April 7, 2014, Ms. Malick submitted a request for

party status in this proceeding.

On April 15, 2014, CPV Valley responded to Ms.

Malick’s request for party status, arguing that the request

CASE 10-E-0501

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should be denied. CPV Valley maintained that Ms. Malick failed

to make a timely request for party status, to serve the request

on the parties,2 or to provide information that was likely to

contribute to the development of a complete record. CPV Valley

further asserted that Ms. Malick would not be impacted by the

Project because she lives outside the area where the modeled

concentrations of NO2 will be in excess of background levels.

DPS Staff conducted an investigation with regard to

the alleged tree clearings and determined that they occurred on

a different parcel of land from the proposed Project site and

are not associated with the development of the Project. We find

that Ms. Malick has failed to provide information that warrants

an evidentiary hearing. All of the issues she raised relate to

the SEQRA review process, which is not an evidentiary hearing

process, and her substantive comments in that regard will be

included in the record of this proceeding. Party status is not

necessary for the submission of comments, and therefore there is

no need for us to act on her request for party status.

Accordingly, Ms. Malick’s request for an evidentiary hearing is

denied.

Ms. Malick also filed a request on May 6, 2014,

seeking an issues conference with respect to alleged "new

information not presented during the SEQRA review." CPV Valley

responded in opposition to this request on May 7, 2014, noting

that the request is untimely and raises issues that have already

been addressed, or that are irrelevant or beyond the scope of

this proceeding. Ms. Malick further responded to CPV Valley's

opposition by reiterating her SEQRA-related issues and concerns

with the use of fracked gas. For the same reasons we deny Ms.

2 The ALJ transmitted the request for party status to CPV Valley

and Department of Public Service Staff (DPS Staff).

CASE 10-E-0501

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Malick's request for an evidentiary hearing, we also deny her

request for an issues conference. Ms. Malick raises issues that

have already been addressed or that are beyond the scope of this

proceeding, and has thus failed to provide information

warranting an issues conference. Moreover, we find her request

is untimely and is therefore denied.

Public Convenience and Necessity

PSL §68 requires an electric corporation to obtain a

CPCN prior to the construction of gas or electric plant. We are

authorized to grant a CPCN to an electric corporation pursuant

to PSL §68, after due hearing and upon a determination that

construction of the electric plant is necessary and convenient

for the public service. In this regard, our rules establish

pertinent evidentiary requirements for a CPCN application. They

require a description of the plant to be constructed, the manner

in which the costs of the plant would be financed, evidence that

the proposed plant is in the public interest and is economically

feasible, and proof that the applicant is able to finance the

project and render adequate service.3 In addition, a petitioner

must certify that it is authorized to provide electric service

and document that it has obtained all necessary municipal

consents.

CPV Valley has met the requirements of PSL §68. CPV

Valley has provided thorough information describing the Project.

The various aspects of the Project design are described above

3 16 NYCRR §21.3. Where an electric corporation requires the

consent of a municipal authority, a verified statement that

the corporation has received such consent must be provided

before we may issue a CPCN.

CASE 10-E-0501

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and included in the record.4 CPV Valley also describes its

proposed financing arrangement for the Project as including a

combination of debt and private equity. Total financing for

construction and operation of the Project is expected to be

approximately $680 million. CPV Valley proposes to enter into a

sale/leaseback arrangement with the Orange County Industrial

Development Authority as part of its financing arrangement.

While CPV Valley seeks flexibility to substitute financing

entities, as discussed below, it notes that CPV Holdings

receives equity funding from Warburg Pincus, a well recognized

private equity investor. We anticipate these factors, along

with the Project’s efficiency and proposed points of

interconnection with electric and gas facilities, will assist in

ensuring the Project is economically feasible.

Further, the Petition describes the manner in which

the Project would be consistent with the 2009 New York State

Energy Plan and advance the public interest. In particular, the

Project would further various objectives identified in the most

recent final State Energy Plan, such as assuring a reliable

energy system, improving the State’s energy independence by

developing in-state energy supply resources, addressing

affordability concerns caused by rising energy bills, and

improving the State’s economic competitiveness. The Project

would incorporate high-efficiency combined-cycle technology, and

is expected to enhance electric system reliability by adding a

new generation resource and increasing fuel diversity in the

region and providing congestion relief. Given these anticipated

benefits, we reject the suggestions raised by certain commenters

4 The record in this case consists of the Petition, as

supplemented, documents filed in the proceeding, and comments

submitted in writing and provided orally, as included in the

transcript of the Public Statement Hearing.

CASE 10-E-0501

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that surplus generation exists in the upstate region and that

the Project is not needed.

The Project would also provide positive economic

benefits through job growth and increased local revenues. CPV

Valley estimates the Project would provide an average of $2.35

million in annual revenues to the Town of Wawayanda, the local

school and fire district, and Orange County.

The Petition also articulates the basis by which the

Project would provide safe and adequate service. CPV Valley has

committed to incorporate, and implement as appropriate,

standards and measures for engineering design, construction, and

operation. Any impacts on the electric system would be

addressed through the NYISO’s interconnection process.

Procedures for emergency response and facility maintenance would

also be established.

CPV Valley has also demonstrated that it is authorized

to provide electric service as a duly incorporated entity in

good standing under the laws of Delaware and certified by the

New York Department of State to do business in the State. CPV

Valley’s company agreement provides that the purposes of the

limited liability company is to

develop, design, construct, own, operate, maintain,

and/or sell a natural gas-fired electric generation

facility to be located in the State of New York (the

“Project”), (ii) manage the Project’s development,

design, equipment supply, construction, ownership,

operation, maintenance and/or sale opportunities, and

(iii) engage in all activities related or incidental

thereto.

CPV Valley has obtained the requisite municipal

consent from the City of Middletown (City). The Project is

designed to use effluent from the City’s Wastewater Treatment

Facility (WWTF) for process water, and to discharge that water

back to the WWTF for disposal. The water supply and return

CASE 10-E-0501

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lines would need to be constructed on property owned by the

City. Pursuant to Section 25-4 of the City Code, the City may

lease, sell, or franchise any of its property through a vote by

a majority of the Common Council authorizing the Mayor to sign

legal documents necessary to implementing such actions. On

September 17, 2013, the City Common Council voted unanimously to

authorize the Mayor to sign an agreement with CPV Valley for

providing treated effluent from the WWTF. On October 11, 2013,

CPV Valley filed a copy of an agreement, signed by the Mayor,

authorizing CPV Valley to construct the pipelines and related

facilities necessary to deliver treated effluent and process

water, and to discharge the rejected effluent.

We conclude, based upon a thorough review of the

record developed here, that the Project has met the requirements

of PSL §68 and that the construction and operation of the

Project is necessary and convenient for the public service.

Accordingly, we grant CPV Valley a CPCN along with appropriate

conditions to ensure safe, reliable, and adequate service. For

example, the certificate conditions included within this order

require CPV Valley to submit all final approvals, consents, and

design plans prior to installation of any utilities associated

with the Project.

Lightened Regulation

CPV Valley seeks an order approving a lightened

regulatory regime whereby limited provisions of the PSL will be

applied to CPV Valley, consistent with previous Commission

orders involving Exempt Wholesale Generators (EWGs). We find

that CPV Valley may be lightly regulated in its ownership of the

Project because it would provide electric service from the

facility on a wholesale basis, as a participant in organized

wholesale electric markets. The lightened regulatory regime

that CPV valley requests be applied to its wholesale electric

CASE 10-E-0501

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operation in New York is similar to that afforded to other

wholesale generators participating in competitive electric

markets. Its petition is therefore granted, to the extent

discussed below.

In interpreting the PSL, we have examined what reading

best carries out the statutory intent and advances the public

interest. Consequently, in the Carr Street and Wallkill Orders,

it was concluded that new forms of electric service providers

participating in competitive wholesale markets would be lightly

regulated.5 Under this approach, PSL Article 1 applies to CPV

Valley, because it meets the definition of an electric

corporation under PSL §2(13) and is engaged in the manufacture

of electricity under PSL §5(1)(b). It is therefore subject to

provisions, such as PSL §§11, 19, 24, 25 and 26, that prevent

producers of electricity from taking actions that are contrary

to the public interest.6

All of Article 2 is restricted by its terms to the

provision of service to retail residential customers, and so is

inapplicable to wholesale generators like CPV Valley. Certain

5 Case 98-E-1670, Carr Street Generation Station, L.P., Order

Providing for Lightened Regulation (issued April 23, 1999)

(Carr Street Order); Case 91-E-0350, Wallkill Generating

Company, Order Establishing Regulatory Regime (issued April

11, 1994)(Wallkill Order).

6 The PSL §18-a assessment is imposed on PSL-jurisdictional

gross intrastate revenues; so long as CPV Valley sells

exclusively at wholesale, there are no PSL-jurisdictional

revenues and no assessment is collected.

CASE 10-E-0501

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provisions of Article 4 are also inapplicable because they are

restricted to retail service.7

The Commission decided in the Carr Street and Wallkill

Orders to apply the remaining provisions of Article 4 to

wholesale generators.8 Application of these provisions is deemed

necessary to protect the public interest. We have interpreted

the Article 4 provisions in a fashion that limits their impact

on the operation of competitive electric markets. Under PSL

§66(6), wholesale generators satisfy Annual Report filing

requirements through a format designed to accommodate their

particular circumstances.9 Filings required under other

provisions of Article 4 are reviewed with the scrutiny

commensurate to the level the public interest requires. This

analysis of Article 4 adheres to CPV Valley.

Regarding PSL §69, prompt regulatory action is

possible through reliance on representations concerning proposed

financing transactions. Additional scrutiny is not required to

protect captive New York ratepayers, who cannot be harmed by the

terms arrived at for these financings because lightly-regulated

7 See, e.g., PSL §§66(12) (optional tariff filings); §66(21)

(retail electric corporation storm plans); §67 (inspection of

meters); §72 (hearings and rate proceedings); §72-a (reporting

increased fuel costs); §75 (excessive charges); and, §76

(rates charged religious bodies).

8 PSL §68 provides for certification of the construction of new

plant or the retailing of electricity to customers via direct

interconnections. PSL §69, §69-a and §70 provide for the

review of securities issuances, reorganizations, and transfers

of securities or works or systems.

9 Case 11-M-0295, Annual Reporting Requirements, Order Adopting

Annual Reporting Requirements Under Lightened Ratemaking

Regulation (issued January 23, 2013).

CASE 10-E-0501

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participants in competitive markets bear the financial risk

associated with their financial arrangements.10

Regarding PSL §70, it was presumed in the Carr Street

and Wallkill Orders that regulation would not “adhere to

transfer of ownership interests in entities upstream from the

parents of a New York competitive electric generation

subsidiary, unless there is a potential for harm to the

interests of captive utility ratepayers sufficient to override

the presumption.”11 In those Orders, however, wholesale

generators were also advised that the potential for the exercise

of market power arising out of an upstream transfer would be

sufficient to defeat the presumption and trigger PSL §70 review.

CPV Valley may avail itself of this presumption. Under PSL

§§66(9) and (10), we may require access to records sufficient to

ascertain whether the presumption remains valid.

Turning to PSL Article 6, several of its provisions

adhere only to the rendition of retail service. These

provisions do not pertain to CPV Valley because it is engaged

solely in the generation of electricity for wholesale.12

Moreover, application of PSL §115, on requirements for the

competitive bidding of utility purchases, is discretionary and

will not be imposed on wholesale generators. In contrast, PSL

§119-b, on the protection of underground facilities from damage

10 See, e.g., Case 10-E-0405, NRG Energy, Inc., Order Approving

Financing (issued November 18, 2010); Case 01-E-0816, Athens

Generating Company, L.P., Order Authorizing Issuance of Debt

(issued July 30, 2001).

11 Carr Street Order, p. 8; Wallkill Order, p. 9.

12 See, e.g., PSL §112 (rate order enforcement); §113

(reparations and refunds); §114 (temporary rates); §114-a

(lobbying costs in rates); §117 (consumer deposits); §118

(bill payments via an agency); §119-a (use of utility poles

and conduits); and §119-c (tax benefits in rates).

CASE 10-E-0501

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by excavators, adheres to all persons, including wholesale

generators.

The remaining provisions of Article 6 need not be

imposed generally on wholesale generators.13 These provisions

were intended to prevent financial manipulation or unwise

financial decisions that could adversely impact rates charged by

monopoly providers. In comparison, so long as the wholesale

generation market is effectively competitive, or market

mitigation measures yield prices aligned with competitive

outcomes, wholesale generators cannot raise prices even if their

costs rise due to poor management. Moreover, imposing these

requirements could interfere with wholesale generators' plans

for structuring the financing and ownership of their facilities.

This could discourage entry into the wholesale market, or

introduce inefficiencies into the operation of that market, to

the detriment of the public interest.

As discussed in the Carr Street Order, however, market

power issues may be addressed under PSL §§110(1) and (2), which

afford us jurisdiction over affiliated interests. CPV Valley

has not reported any affiliation with a power marketer,

foreclosing that avenue to the exercise of market power.

Consequently, we impose the requirements of §§ 110(1) and (2) on

CPV Valley only conditionally, to the extent a future inquiry

into its relationships with an affiliate becomes necessary.

Finally, notwithstanding that it is lightly regulated,

CPV Valley is reminded that it and any other entities that

exercise control over the operations of the CPV Valley facility

13 These requirements include approval of: loans under §106; the

use of utility revenues for non-utility purposes under §107;

corporate merger and dissolution certificates under §108;

contracts between affiliated interests under §110(3); and,

water, gas and electric purchase contracts under §110(4).

CASE 10-E-0501

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remain subject to the Public Service Law with respect to matters

such as enforcement, investigation, safety, reliability, and

system improvement, and the other requirements of PSL Articles 1

and 4, to the extent discussed above and in previous orders.14

Included among these requirements are the obligations to conduct

tests for stray voltage on all publicly accessible electric

facilities,15 to give notice of generation unit retirements,

16 and

to report personal injury accidents pursuant to 16 NYCRR Part

125.

Financing

Approval of CPV Valley’s financing plans is

appropriate under lightened regulation. The scrutiny applicable

to monopoly utilities may be reduced for lightly-regulated

companies like CPV Valley that operate in a competitive

environment. As a result, we need not make an in-depth analysis

of the proposed financing transactions. Instead, by relying on

the representations that CPV Valley makes in the Petition,

prompt regulatory action is possible.

The proposed $680 million in financing would be for a

statutory purpose and be consistent with the public interest.

CPV Valley’s proposed financing is therefore approved up to a

maximum amount of $680 million. Given that CPV Valley will be

14 See, e.g., Case 07-M-0906, Iberdrola, S.A., Order Approving

Transfer, Providing For Lightened Ratemaking Regulation,

Establishing Rate Treatment and Making Other Findings (issued

October 18, 2013).

15 Case 04-M-0159, Safety of Electric Transmission and

Distribution Systems, Order Instituting Safety Standards

(issued January 5, 2005) and Order on Petitions for Rehearing

and Waiver (issued July 21, 2005).

16 Case 05-E-0889, Generation Unit Retirement Policies, Order

Adopting Notice Requirements for Generation Unit Retirements

(issued December 20, 2005).

CASE 10-E-0501

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regulated lightly, as discussed above, it is afforded the

flexibility to modify, without our prior approval, the identity

of the financing entities, payment terms, and the amount

financed, so long as it does not exceed the maximum amount

stated above.17 Affording CPV Valley this financing flexibility

avoids disruption of its financing arrangements and enables it

to operate more effectively in competitive wholesale electric

markets. Additional scrutiny is not required to protect captive

New York ratepayers, who cannot be harmed by the terms arrived

at for this financing because CPV Valley will bear the financial

risk associated with its financial arrangements.

Environmental Quality Review

The purpose of SEQRA is to incorporate consideration

of environmental factors into the existing planning, review and

decision-making processes of State, regional and local

government agencies at the earliest possible time. To

accomplish this goal, SEQRA requires that agencies determine

whether the actions they are requested to approve may have a

significant impact on the environment. If it is determined that

an action may have a significant adverse impact, an

Environmental Impact Statement (EIS) must be prepared.

Where an EIS is prepared, the Lead Agency and each

other Involved Agency must adopt a formal set of written

findings based on the Final EIS (FEIS). The SEQRA Findings

Statement of each agency must:

(i) consider the relevant environmental impacts, facts,

and conclusions disclosed in the FEIS;

17 See, e.g., Case 03-E-1181, Dynegy Danskammer LLC and Dynegy

Roseton LLC, Order Authorizing Entry Into Credit Facility and

Issuance of Secured Notes (issued November 26, 2003); Case 01-

E-0816, Athens Generating Company, L.P., Order Authorizing

Issuance of Debt (issued July 30, 2001).

CASE 10-E-0501

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(ii) weigh and balance relevant environmental impacts

with relevant social, economic, and other

considerations;

(iii) provide the rationale for the agency’s decision;

(iv) certify that the requirements of 6 NYCRR Part 617

have been met; and

(v) certify that, consistent with social, economic, and

other essential considerations, and considering

among the reasonable alternatives available, the

action is one that avoids or minimizes adverse

environmental impacts to the maximum extent

practicable, and that adverse environmental impacts

will be avoided or minimized to the maximum extent

practicable by incorporating as conditions to the

decision those mitigation measures identified as

practicable.18

Once the findings are adopted, the SEQRA process is

completed, and the Lead Agency and any Involved Agencies can

begin to approve, approve with conditions, or disapprove the

proposed project.

A comprehensive environmental review of the Project

was conducted pursuant to SEQRA.19 On March 10, 2008, CPV Valley

submitted a Full Environmental Assessment Form to the Town of

Wawayanda Planning Board (Wawayanda Planning Board). On June

11, 2008, the Wawayanda Planning Board assumed the role of Lead

Agency under SEQRA. The Wawayanda Planning Board issued a

positive declaration regarding the Project on June 25, 2008,

requiring the preparation of a Draft Environmental Impact

18 6 NYCRR §§617.11(c) and (d).

19 SEQRA is codified in Article 8 of the Environmental

Conservation Law, and the implementing regulations are

contained in 6 NYCRR Part 617 and 16 NYCRR Part 7.

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Statement (DEIS). Following the approval of a final scoping

document on October 14, 2008, a DEIS was prepared by CPV Valley.

On November 18, 2008, CPV Valley submitted a DEIS to

the Wawayanda Planning Board. On February 23, 2009, the

Wawayanda Planning Board accepted the DEIS and sought public

comments. A Notice of Complete Application and Legislative

Hearing, including notice of the availability of the DEIS and

draft permits, was published in the Environmental Notice

Bulletin on March 4, 2009. The deadline for comments was

extended from April 22, 2009, to May 14, 2009. On April 8,

2009, the Wawayanda Planning Board, acting as Lead Agency, held

a public hearing at the Wawayanda Town Hall.

Additional studies were performed at the request of

the Wawayanda Planning Board in response to comments on the

DEIS. These studies included seasonally dependent ecological

field surveys, a more detailed visual impact assessment of the

above ground electric transmission lines, and analysis of the

visible plume and secondary formation of fine particulate

matter. Comments on these studies were solicited between

March 8, 2010, and March 22, 2010. CPV Valley prepared a

proposed FEIS to address all substantive comments received on

the DEIS and the additional studies.

An FEIS was submitted to the Wawayanda Planning Board

on November 30, 2011. The proposed FEIS was revised and

ultimately accepted by the Wawayanda Planning Board on February

8, 2012, and thereafter noticed, filed, and distributed as

required under 6 NYCRR Section 617.12. On May 23, 2012, the

Wawayanda Planning Board accepted and adopted a Findings

Statement certifying that the requirements of SEQRA had been

met. The Wawayanda Planning Board concluded that the Project

was consistent with the social, economic, and other essential

considerations of the proposed action; considers reasonable

CASE 10-E-0501

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alternatives; and, considers mitigation measures specified in

the DEIS and FEIS seeking to avoid or minimize adverse

environmental impacts to the maximum extent practicable.

On March 22, 2013, the Wawayanda Zoning Board of

Appeals issued variances in connection with the Project, while

the Wawayanda Planning Board issued a Special Use Permit and

Site Plan Approval on May 9, 2013. The NYS DEC issued a

findings statement and permits for air emission sources and

wetlands disturbance for the Project on July 25, 2013.

Because the Commission has approval authority under

PSL §68 in deciding whether to grant a CPCN related to the

Project, the Commission is an involved agency for purposes of

SEQRA review. The lead agency is, however, responsible for

taking a hard look at the relevant areas of environmental

concern,20 then making findings on that basis. By contrast, an

involved agency has a more limited role regarding SEQRA matters

and relies primarily upon the lead agency’s review and issuance

of a Final EIS.21 As an involved agency, the Commission may not

generally require the preparation of SEQRA documents in

connection with proposed actions.22 However, we must make a

written findings statement that, inter alia, weighs and balances

relevant environmental impacts with social, economic, and other

considerations and provides a rationale for our decision.23 In

making such a decision, we may consider the views expressed by

parties and non-parties, but must rely primarily on the FEIS

20 Jackson v. NY Urban Dev. Corp., 67 N.Y.2d 400, 417(1986).

21 Matter of Turkewitz v. Planning Board of City of New Rochelle,

24 A.D.3d 790, 791 (2d Dep’t 2005); Matter of Gordon v. Rush,

299 A.D.2d 20, 29 (2d Dep’t 2002), aff’d 100 N.Y.2d 236

(2003).

22 6 NYCRR §617.6(b)(3)(iii).

23 ECL §8-0109(8) and 6 NYCRR §617.11(c) and (d).

CASE 10-E-0501

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prepared by the lead agency and give serious consideration to

environmental issues.24

In reviewing the Petition, DPS Staff pursued

clarification and resolution of certain environmental matters

dealt with in the FEIS and pursuant to the Parks, Recreation and

Historic Preservation Law §14.09 review related to aspects of

facility safety and security, infrastructure and utility co-

location, and minimization of impacts on cultural resources.

Nevertheless, the review of environmental issues is primarily

the responsibility of the lead agency. As part of its review of

the impacts of electric generating facilities, the lead agency

must also ensure that any Final EIS include

a demonstration that the facility will satisfy

electric generating capacity needs or other electric

systems needs in a manner reasonably consistent with

the most recent state energy plan....25

That showing was made. One comment, filed by Central Hudson Gas

and Electric, a regional electric service, indicated its support

for the petition by CPV Valley, and stated that the project

would be beneficial to its customers.

The provisions under PSL §68 are not in the nature of

comprehensive siting requirements. Rather, the criteria

applicable under §68 include a verification that the

municipality on whose property part of the facility would be

located has granted its consent to construct the electric

plant.26 Primary siting responsibility, therefore, is at the

local level. The requirements of SEQRA, including development

24 Nash Metalware Co., Inc. et al. v. New York City, 14 Misc. 3d

1211a (S.Ct. NY Co., 2006).

25 ECL §8-1009 (2)(h).

26 Matter of Penn-York Natural Gas Corporation v. Maltbie, 164

Misc. 569 (S.Ct. Albany Co., 1937).

CASE 10-E-0501

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of an EIS that addresses the adopted Scoping Requirements, and

issuance of findings based on the FEIS, fall principally on the

lead agency.

The record in the SEQRA proceeding contains extensive

information regarding the potential impacts on land and land

use, visual resources, air quality, noise, wetlands and water

resources, ecological resources, socioeconomics and

environmental justice, traffic and transportation, cultural

resources, soils, geology and seismology, and wildlife. The

FEIS addresses the potential environmental impacts, and provides

protective measures tailored to avoid, minimize, and mitigate

the environmental impacts.

Most of the comments received relate to environmental

matters already considered by the lead agency in the SEQRA

process and addressed in the Final EIS. The predominant

concerns of both parties and non-parties appear to center on:

compatibility with existing land uses, and potential effects on

area residents and property values; impacts on wildlife,

including rare, threatened and endangered species; potential

impacts on water resources; emissions of air pollutants from the

facility; alternative sources of energy, opposition to the use

of natural gas derived by hydraulic fracturing; and the need for

the addition of a major natural gas-fired electric generating

facility in the area.

Potential impacts on wildlife, including rare,

threatened and endangered species, are considered in the EIS.

The comments and pleadings filed express dissatisfaction with

the depth and extent of studies performed by CPV Valley. Issues

regarding impacts to wildlife were, however, addressed by the

lead agency and are also within the jurisdiction of the DEC,

which is an involved agency in the SEQRA review of this project,

and which has issued permits for development of this project.

CASE 10-E-0501

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The environmental review conducted pursuant to SEQRA

and that relating to PSL §68 review overlap to some extent;

however, our primary focus under §68 relates to statewide and

regional concerns, as well as to the protection of public

infrastructure and services. Potential impacts on air quality

and the adverse effects of using natural gas including the

siting and development of gas transmission pipeline, and

potential use of fuel gas developed by hydraulic fracturing or

“fracking” for electric power generation garnered many comments.

While the Public Service Law Article VII generally addresses

siting of major gas transmission pipelines not subject to

exclusive jurisdiction of a federal agency, the project proposal

will involve a new gas transmission pipeline subject to the

federal Natural Gas Act, and thus will be exempt from PSL

Article VII. The nature of impacts of that project component

were addressed in the EIS, and the DPS did not address that

facility in the §68 review.

The air quality impacts associated with plant

operation are also statewide or regional in character. Those

impacts were addressed by the EIS. The Department of

Environmental Conservation, which is the responsible Agency for

issuing the Air quality permits, has fixed the emissions from

the units. The Draft EIS estimated the plant emissions due to

operation, and DEC has issued appropriate permits pursuant to

its jurisdiction. The plant emissions limitations are directly

tied to the nameplate ratings of the units, while the likely

output from the Project under actual operating conditions is

CASE 10-E-0501

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expressed as the nominal output.27 Therefore, the designation of

the nameplate capacity for the Project as 820 MW would not cause

any incremental increases in air emissions from the Project

greater than those authorized under the permits issued by DEC.

Comments regarding the regional and site-specific

seismic conditions were received by CPV Valley on the DEIS and

in this record. In response to comments received on the DEIS

regarding the seismic conditions of the project area, CPV Valley

acknowledged in the FEIS the presence of regional fault lines

and fault lines systems potentially associated with earthquakes

common in New York State. In a supplemental filing dated April

8, 2014, CPV Valley states that it has reviewed the Orange

County Water Authority online mapping resources and acknowledges

the presence of a mapped bedrock fracture trace in the southwest

corner of the project site. CPV Valley has indicated that the

current New York State Building Code (2010) does not preclude

the construction of a facility on a site with known or suspected

bedrock fractures or faults.

DPS Staff reports that seismic design requirements are

predominantly based on the existing geotechnical conditions and

location of a project site. CPV Valley performed preliminary

geotechnical studies at the Project site and preliminary

conclusions have been made from this data, as reported in the

EIS. The April 8, 2014 supplement states that “the preliminary

geotechnical evaluation will be followed by a final geotechnical

evaluation to support the final detailed design of the

27 Nameplate ratings reflect guarantees provided by the equipment

manufacturer to the developer based on specific, agreed upon

equipment operating parameters or standards. The summer

ratings reflect expected real world operating conditions, such

as air temperature and density, station loads and losses, and

the developers expected equipment operating parameters.

CASE 10-E-0501

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facility.” Also, the EIS and supporting documents indicate that

final design of the facility will include containment areas

designed to prevent leakage and contain overflow of back-up fuel

oil in case a seismic event occurs. We accept DPS Staff’s

recommendation that we condition our granting of a CPCN by

requiring submittal of final design drawings and all supporting

data including final geotechnical studies and specification of

protective measures against seismic activities, as well as

demonstrations that final design adheres to all applicable

codes, including the New York State Building Code.

Accordingly, a condition has been included as part of this order

requiring CPV Valley to submit all supporting data of final

design and all final design drawings for the Project.

On the basis of our consideration of the relevant

environmental impacts presented in the FEIS and our review of

the documents filed by parties, the comments submitted by non-

parties, and responses to these materials, we conclude that we

can make the findings required by ECL §8-0109(8) and 6 NYCRR

617.11(c) and (d). Importantly, we conclude that the applicable

design and conditions placed upon the Project would avoid and

minimize adverse environmental impacts to the maximum extent

practicable.

Cultural Resources/Historic Preservation Review

CPV Valley provided an evaluation of probable impacts

to cultural resources due to construction and operation of the

Project. Archaeological surveys were conducted on the proposed

construction impact areas of the site to determine if there

would be an impact to any cultural resources eligible for

inclusion in the National Register of Historic Places (NRHP).

Also, an architectural survey was conducted to assess structures

within the Area of Potential Effect (APE), which was defined as

CASE 10-E-0501

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an area within a half mile radius of the Project for this

analysis.

The New York State Office of Parks, Recreation, and

Historic Preservation (OPRHP) provided comments regarding the

Project in a letter dated December 23, 2008. Potential

archeological sites on the Project site were encountered during

the initial survey and additional testing was conducted. OPRHP

confirmed in a November 5, 2009 letter that the potential

archeological sites are not eligible for listing on the State or

National Register of Historic Places.

CPV Valley identified refinement of electrical and

process water interconnection facilities and locations in a

letter dated November 11, 2011. The electrical interconnect

design proposed underground 345 kV electric transmission cables

and a building to house switches and breakers at the

interconnection location adjoining the NYPA Marcy-South 345 kV

transmission facility. Process water supply and wastewater

return lines connecting the generating facility to the City of

Middletown wastewater treatment plant were proposed to follow

one of three alternative alignments along existing roadways

generally using public rights-of-way.

In response to CPV Valley’s November 11, 2011 letter,

OPRHP indicated that it needed additional documentation of

previous disturbances of the interconnection facility

alignments, including subsurface disturbance, and requested that

additional Stage 1B (shovel) testing be completed prior to

construction. On January 9, 2012, CPV Valley offered to commit

to providing additional testing results following selection of a

final route and prior to commencing construction of the water

lines. By letter dated February 1, 2012, OPRHP stated that it

had no objections to the proposed pre-construction testing

program as detailed in the January 9, 2012 CPV Valley letter,

CASE 10-E-0501

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provided that final permits or SEQRA findings include a

condition requiring that the additional testing be completed.

By correspondence dated April 14, 2014, OPRHP reported that the

January 9, 2012 recommendation for investigation of final

routing of the water lines should be applied to all of the

interconnection facilities, including the electric transmission

facility, due to the archeological sensitivity of the project

area.

Two historic cemeteries were identified in the project

vicinity: one is located on the Project site, and another is on

an adjoining property. The Cooley Cemetery is located in the

far north-west corner of the Project site. Field observations

revealed that Cooley Cemetery is comprised of displaced and

upright head stones and footstones within an approximate 9 meter

by 9 meter area. Some stones also appeared to have been

displaced from the original positions, having been displaced by

grazing livestock on this former agricultural property. This

cemetery will not be significantly disturbed by the construction

of this Project. In response to inquiries regarding protection

of the un-maintained Cooley Cemetery due to construction of the

project, CPV Valley has proposed measures to protect the

cemetery, including the installation of a gated fence around the

cemetery and an access path to the cemetery from the CPV Valley

parking area. In a response dated April 13, 2009, OPRHP noted

that the addition of the fence around the cemetery should help

protect the surviving head stones from further deterioration.

During review of the proposed location, DPS Staff

identified a potential for site disturbance due to installation

of the project site perimeter security fencing, and recommended

that CPV Valley determine the outer extent of burial plots via

non-intrusive means such as ground-penetrating radar, to assure

that there is no disturbance to this site due to fence

CASE 10-E-0501

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construction. DPS Staff recommends that the CPCN be conditioned

on a requirement to develop a cemetery site protection plan,

including identification of measures to protect the resource.

We will adopt this recommendation and require the additional

review prior to the start of construction.

The Pine Hill Cemetery is located directly adjacent to

the Project site to the northeast. This cemetery will not be

directly disturbed by construction activities of the Project.

CPV Valley will develop an unanticipated discovery plan in the

case that sensitive sites are discovered during construction.

Discovery of any potentially significant archaeological

resources during construction will be handled in accordance with

the most recent Standards for Cultural Resource Investigations

and Curation of Archaeological Collections in New York State.

In conclusion, no archeologic or historic resources

listed or eligible for listing on the State or National Register

of Historic Places were identified on the proposed CPV Valley

Project site or within the off-site electric interconnection and

water/wastewater pipeline corridors. Based on the record

information and the requirements for final review by OPRHP and

for site protection plan for the Cooley Cemetery, the

responsibility of the Commission to comply with the requirements

of Parks, Recreation and Historic Preservation Law §14.09 has

been addressed.

CONCLUSION

As discussed above, the Commission is granting a CPCN

with conditions, authorizing a lightened ratemaking regulation,

and approving the proposed financing with respect to CPV

Valley’s Project. We are also denying CPV Valley’s Motion,

having held a Public Statement Hearing to receive oral comments.

CASE 10-E-0501

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We have reviewed the extensive record in this proceeding and

find that the required findings may be made pursuant to SEQRA.

The Commission orders:

1. The motion for an expedited proceeding on the non-

contested application of CPV Valley, LLC is denied, as discussed

in the body of this order.

2. A Certificate of Public Convenience and Necessity

is granted, authorizing CPV Valley, LLC to construct and operate

the electric plant within New York described in the body of this

Order.

3. The financing arrangements described in the

Petition filed in this proceeding and discussed in the body of

this Order are approved, up to the maximum amount of $680

million.

4. CPV Valley, LLC and its affiliates shall comply

with the Public Service Law in conformance with the requirements

set forth in the body of this Order.

5. CPV Valley, LLC shall obtain all necessary

federal, state, and local permits and approvals, and shall

implement appropriate mitigation measures defined in such

permits or approvals.

6. CPV Valley, LLC shall file with the Secretary to

the Commission (Secretary) final Site Plans and construction

drawings for the project components, turbine sites, GIS

Building, access roads, supply and water and wastewater lines,

and electric lines associated with the Project for review before

the start of construction.

7. Prior to commencing construction of: (a) the

electric transmission interconnection, not including minor

activities required for testing and development of final

engineering and design information, CPV Valley, LLC shall

CASE 10-E-0501

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provide to the Secretary final design plans and profile drawings

of the substation and the transmission interconnection and proof

of acceptance of the design by the New York Power Authority; (b)

the electric transmission lines and the water supply and

wastewater return pipelines, CPV Valley LLC shall provide

results of walkover survey and subsurface investigation, and

concurrence of the Office of Parks, Recreation and Historic

Preservation – Historic Preservation Field Services Bureau that

construction of those facilities may commence; (c) the site

perimeter fence in the vicinity of the Cooley Cemetery, CPV

Valley LLC shall provide results of testing and a final detailed

plan for avoiding adverse impacts to the cemetery and individual

grave sites within the cemetery.

8. The authorized electric plant shall be subject to

inspection by authorized representatives of DPS Staff pursuant

to §66(8) of the Public Service Law.

9. CPV Valley, LLC shall incorporate, and implement

as appropriate, the standards and measures for engineering

design, construction, inspection, maintenance and operation of

its authorized electric plant, including features for facility

security and public safety, utility system protection, plans for

quality assurance and control measures for facility design and

construction, utility notification and coordination plans for

work in close proximity to other utility transmission and

distribution facilities, vegetation and facility maintenance

standards and practices, emergency response plans for

construction and operational phases, and complaint resolution

measures, as presented in its Petition, its Environmental Impact

Statement and this Order.

10. CPV Valley, LLC shall file with the Secretary,

within three days after commencement of commercial operation of

CASE 10-E-0501

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the electric plant, an original and three copies of written

notice thereof.

11. CPV Valley, LLC shall file a copy of the System

Reliability Impact Study (SRIS) performed in accordance with the

New York Independent System Operator, Inc’s (NYISO) Open Access

Transmission Tariff (OATT) approved by the Federal Energy

Regulatory Commission), and all appendices thereto, reflecting

the interconnection of the facility.

12. CPV Valley, LLC shall design, engineer, and

construct facilities in support of the authorized electric plant

in accordance with the applicable and published planning and

design standards and best engineering practices of NYISO, the

New York State Reliability Council (NYSRC), Northeast Power

Coordinating Council (NPCC), North American Electric Reliability

Council (NERC) and successor organizations, depending upon where

the facilities are to be built and which standards and practices

are applicable. Specific requirements shall be those required

in the SRIS as performed in accordance with the NYISO’s OATT and

by the Interconnection Agreement (IA) and the facilities

agreement with NYPA.

13. CPV Valley, LLC shall work with NYPA, and any

successor Transmission Owner (as defined in the NYISO

Agreement), to ensure that, with the addition of the electric

plant (as defined in the IA between the Company and NYPA), the

system will have power system relay protection and appropriate

communication capabilities to ensure that operation of the NYPA

transmission system is adequate under NPCC Bulk Power System

Protection Criteria, and meets the protection requirements at

all times of the NERC, NPCC, NYSRC, NYISO, and NYPA, and any

successor Transmission Owner (as defined in the NYISO

Agreement). CPV Valley, LLC shall ensure compliance with

applicable NPCC criteria and shall be responsible for the costs

CASE 10-E-0501

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to verify that the relay protection system is in compliance with

applicable NPCC, NYISO, NYSRC and NYPA criteria.

14. CPV Valley, LLC shall operate the electric plant

in accordance with the IA, approved tariffs and applicable rules

and protocols of NYPA, NYISO, NYSRC, NPCC, NERC and successor

organizations. CPV Valley, LLC may seek subsequent review of

any specific operational orders at the NYISO, the Commission,

the Federal Energy Regulatory Commission, or in any other

appropriate forum.

15. CPV Valley, LLC shall comply with the applicable

reliability criteria of NYPA, NYISO, NPCC, NYSRC, NERC and

successors. If it fails to meet the reliability criteria at any

time, the CPV Valley, LLC shall notify the NYISO immediately, in

accordance with NYISO requirements, and shall simultaneously

provide the Commission and NYPA with a copy of the NYISO notice.

16. CPV Valley, LLC shall file a copy of the

following documents with the Secretary:

a. All facilities agreements with NYPA, and

successor Transmission Owner throughout the life

of the plant (as defined in the NYISO

Agreement);

b. Any documents produced as a result of the

updating of requirements by the NYSRC;

c. The Relay Coordination Study, which shall

be filed not later than six months prior

to the projected date for commencement of

commercial operation of the facilities;

and a copy of the manufacturers’ “machine

characteristics” of the equipment

installed (including test and design

data); (d) a copy of the facilities

design studies for the Electric Plant,

CASE 10-E-0501

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including all updates (throughout the

life of the plant);

d. A copy of the IA and all updates or

revisions (throughout the life of the

plant); and,

e. If any equipment or control system with

different characteristics is to be

installed, the Company shall provide that

information before any such change is

made (throughout the life of the plant).

17. CPV Valley, LLC shall obey unit commitment and

dispatch instructions issued by NYISO, or its successor, in

order to maintain the reliability of the transmission system.

In the event that the NYISO System Operator encounters

communication difficulties, CPV Valley, LLC shall obey dispatch

instructions issued by the NYPA Control Center, or its

successor, in order to maintain the reliability of the

transmission system.

a. After commencement of construction of the

authorized Electric Plant, CPV Valley, LLC shall

provide NYPA with a monthly report on the

progress of construction and an update of the

construction schedule, and file with the

Secretary copies of current construction

progress reports during all phases of

construction. In the event the Commission

determines that construction is not proceeding

at a pace that is consistent with Good Utility

Practice, and that a modification, revocation,

or suspension of the Certificate of Public

Convenience and Necessity (Certificate) may

therefore be warranted, the Commission may issue

CASE 10-E-0501

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a show cause order requiring CPV Valley, LLC to

explain why construction is behind schedule and

to describe such measures as are being taken to

get back on schedule. The Order to Show Cause

will set forth the alleged facts that appear to

warrant the intended action. CPV Valley, LLC

shall have thirty days after the issuance of

such Order to respond and other parties may also

file comments within such period. Thereafter,

if the Commission is still considering action

with respect to the Certificate, a hearing will

be held prior to issuance of any final order of

the Commission to amend, revoke or suspend the

Certificate. It shall be a defense in any

proceeding initiated pursuant to this condition

if the delay of concern to the Commission:

(1) arises in material part from actions or

circumstances beyond the reasonable control

of CPV Valley, LLC (including the actions

of third parties);

(2) is not in material part caused by the fault

of CPV Valley, LLC; or,

(3) is not inconsistent with a schedule that

constitutes Good Utility Practice.

b. CPV Valley, LLC shall file with the

Secretary, no more than four months after

the commencement of construction, a

detailed progress report. Should that

report indicate that construction will

not be completed within twelve months,

CPV Valley, LLC shall include in the

report an explanation of the

CASE 10-E-0501

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circumstances contributing to the delay

and a demonstration showing why

construction should be permitted to

proceed. In these circumstances, an order

to show cause will not be issued by the

Commission, but a hearing will be held

before the Commission takes any action to

amend, revoke or suspend the Certificate.

c. For purposes of this condition, Good

Utility Practice shall mean any of the

applicable acts, practices or methods

engaged in or approved by a significant

portion of the electric utility industry

during the relevant time period, or any

of the practices, methods and acts which,

in the exercise of reasonable judgment in

light of the facts known at the time the

decision was made, could have been

expected to accomplish the desired result

at a reasonable cost consistent with good

business practices, reliability and

safety. Good Utility Practice is not

intended to be limited to the optimum

practice, method, or act, to the

exclusion of all others, but rather to be

acceptable practices, methods, or acts

generally accepted in the region in which

the Company is located. Good Utility

Practice shall include, but not be

limited to, NERC criteria, rules,

guidelines and standards, NPCC criteria,

rules, guidelines and standards, NYSRC

CASE 10-E-0501

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criteria, rules, guidelines and

standards, and NYISO criteria, rules,

guidelines and standards, where

applicable, as they may be amended from

time to time (including the rules,

guidelines and criteria of any successor

organization to the foregoing entities).

When applied to the Company, the term

Good Utility Practice shall also include

standards applicable to an independent

power producer connecting to the

distribution or transmission facilities

or system of a utility.

d. Except for periods during which the

authorized facilities are unable to

safely and reliably convey electrical

energy to the New York transmission

system (e.g., because of problems with

the authorized facilities themselves or

upstream electrical equipment) CPV

Valley, LLC’s electric plant shall be

exclusively connected to the New York

transmission system over the facilities

authorized herein.

18. CPV Valley, LLC shall work with NYPA system

planning and system protection engineers to discuss the

characteristics of the transmission system before purchasing any

system protection and control equipment or equipment related to

the electrical interconnection of the Project to the

transmission system, and to ensure that the equipment purchased

will be able to withstand most system abnormalities. The

technical considerations of interconnecting the electric plant

CASE 10-E-0501

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to the transmission facility shall be documented by CPV Valley,

LLC and provided to the Secretary and NYPA prior to the

installation of transmission equipment. Updates to the

technical information shall be furnished as available

(throughout the life of the plant).

19. CPV Valley, LLC shall work with NYPA engineers

and safety personnel on testing and energizing equipment in the

authorized substation. A testing protocol shall be developed

and provided to NYPA for review and acceptance. CPV Valley, LLC

shall provide a copy of the testing design protocol to the

Secretary within 30 days of NYPA’s acceptance. CPV Valley, LLC

shall make a good faith effort to notify DPS Staff of meetings

related to the electrical interconnection of the Project to the

NYPA transmission system and provide the opportunity for DPS

Staff to attend those meetings.

20. CPV Valley, LLC shall call the Bulk Electric

System Section within six hours to report any transmission

related incident that affects the operation of the Electric

Plant. CPV Valley, LLC shall submit a report on any such

incident within seven days to DPS Staff and NYPA. The report

shall contain, when available, copies of applicable drawings,

descriptions of the equipment involved, a description of the

incident and a discussion of how future occurrences will be

prevented. CPV Valley, LLC shall work cooperatively with NYPA,

NYISO and the NPCC to prevent any future occurrences.

21. CPV Valley, LLC shall make modifications to its

Interconnection Facility, if it is found by the NYISO or NYPA to

cause reliability problems to the New York State Transmission

System. If NYPA or the NYISO bring concerns to the Commission,

CPV Valley, LLC shall be obligated to address those concerns.

22. If, subsequent to construction of the authorized

electric plant, no electric power is generated and transferred

CASE 10-E-0501

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out of such plant for a period of more than a year, the

Commission may consider the amendment, revocation or suspension

of the Certificate.

23. In the event that a malfunction of the authorized

electric plant causes a significant reduction in the capability

of such plant to deliver power, CPV Valley, LLC shall promptly

provide to DPS Staff and NYPA copies of all notices, filings,

and other substantive written communications with the NYISO as

to such reduction, any plans for making repairs to remedy the

reduction, and the schedule for any such repairs. CPV Valley,

LLC shall provide monthly reports to the Secretary and NYPA on

the progress of any repairs. If such equipment failure is not

completely repaired within nine months of its occurrence, CPV

Valley, LLC shall provide a detailed report to the Secretary,

within nine months and two weeks after the equipment failure,

setting forth the progress on the repairs and indicating whether

the repairs will be completed within three months; if the

repairs will not be completed within three months, CPV Valley,

LLC shall explain the circumstances contributing to the delay

and demonstrate why the repairs should continue to be pursued.

24. No less than 60 days prior to the commencement of

operation, CPV Valley, LLC shall file with the Secretary

Operation and Maintenance Plan(s) for the Electric Plant,

including but not limited to a complete documentation of its

emergency procedures and a list of emergency contacts. Any

modifications to such Operation and Maintenance Plan(s) or

emergency procedures or emergency contacts shall be documented

and filed by CPV Valley, LLC with the Secretary within 14 days

of such modifications.

25. If CPV Valley, LLC participates in the NYISO’s

Black Start program, CPV Valley, LLC shall demonstrate annually

that the unit can be black started. CPV Valley, LLC shall

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schedule with the NYISO and NYPA the black start test and

demonstrate black start procedures. If the black start test

fails, CPV Valley, LLC shall produce a report describing the

test and what actions or changes are being made to the black

start procedures. A copy of such report shall be submitted to

NYPA, NYISO and the Secretary. CPV Valley, LLC shall provide

the opportunity for DPS Staff to observe the black start

testing. CPV Valley, LLC shall effectuate a successful black

start annually to qualify for the Black Start program.

26. CPV Valley shall submit all pipeline

transportation contracts to the Department of Public Service

Information Records Access Officer. All submissions should be

labeled confidential and include this case number prominently in

the name of the filing.

27. Prior to supplying any gas for testing or blow

downs at the generating facility the applicant shall: a) provide

a safety program and emergency procedures for initially

supplying any amount of gas to the plant; and, b) meet with the

Department of Public Service’s Gas Safety Section.

28. Development of final facility design shall be

based on additional geotechnical investigations and analyses of

the facility site to fully characterize the site including the

nature and extent of soft clay soils identified during

preliminary geotechnical studies. CPV Valley, LLC shall submit

to Department of Public Service Staff for review a report

summarizing the results of additional geotechnical

investigations and analyses. This report shall include the

following information to be used to support final design of the

foundation systems:

a. The final designated Site Class;

b. The final designated Seismic Design Category;

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c. A description of all required structural tests

and special inspections to be employed during

construction as a result of the final seismic

calculations. This description shall include

all specific design and code requirements due to

the classification of the Project site.

29. Prior to construction, CPV Valley, LLC shall file

with the Secretary:

a. Final Structural Drawings of the facility

including full size drawings at an appropriate

scale, with the following details:

(1) General Structural Notes (Provide notes

describing any specific protective measures

and code requirements due to the final

Seismic Design Category);

(2) Foundation Plans;

(3) Foundation Sections and Details;

(4) Concrete General Notes;

(5) Concrete Details;

(6) Any Hardware/Assembly Details;

(7) Final Secondary Containment Plans, Details

and Notes; and,

(8) Any other final structural drawings not

listed above.

b. A written statement describing how final design

of the facility meets or exceeds all applicable

criteria for regional and site specific seismic

hazard risks.

30. The Secretary shall have sole discretion to

extend the deadlines set forth in this order. Any request for

an extension must be in writing, must include a justification

CASE 10-E-0501

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for the extension, and must be filed at least one day prior to

the affected deadline.

31. This proceeding is closed, pending compliance

with Certificate Conditions 6, 7, 10, 11, 16, 24, 26, 27, 28,

and 29 above.

By the Commission,

KATHLEEN H. BURGESS

Secretary

STATE OF NEW YORK

PUBLIC SERVICE COMMISSION

CASE 10–E-0501 - Petition of CPV Valley, LLC for a Certificate

of Public Convenience and Necessity Pursuant to

Section 68 of the Public Service Law, Approval

of Financing Pursuant to Section 69 and for

Approval of a Lightened Regulatory Regime.

Statement of Findings

This statement was prepared in accordance with Article

8 of the Environmental Conservation Law, the State Environmental

Quality Review Act (SEQRA). The Town of Wawayanda Planning

Board acted as Lead Agency and the Public Service Commission

(Commission) is an Involved Agency.

The address of the Lead Agency is:

Town of Wawayanda

80 Ridgebury Hill Road

Slate Hill, NY 10973

The address of the Commission is:

Hon. Kathleen H. Burgess

Secretary to the Commission

New York State Public Service Commission

Empire State Plaza

Agency Building 3

Albany, NY 12223-1350

Questions concerning the quality or content of this document can

be directed to Philipose Philip, at 212-417-2208, or to the

Commission at the address above.

Project Description

The Project Petitioner is CPV Valley, LLC (CPV Valley).

The proposed CPV Valley Energy Center (Project) will be located

on an approximate 22 acre portion of a 122 acre parcel of open

land in the northeast portion of the Town of Wawayanda. The 122

acre parcel is bounded by Interstate-84 (I-84) to the south,

Route 17M on the east, and Route 6 to the north and west. The

CASE 10-E-0501

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development site parcel is currently undeveloped land used

previously for agricultural purposes and wooded areas. There is

a private cemetery (Cooley Cemetery) located on the far western

corner of the Project site, which will not be impacted by the

Project.

The Project consists of a combined-cycle facility

proposed to generate a peak of approximately 630 megawatts (MW)

of electricity. Approximately 365 MW of this power will be

produced using two F Class combustion turbine generator sets.

Exhaust heat from the combustion turbines will be sent to heat

recovery steam generators (HRSGs) to produce steam to drive a

steam turbine generator. The HRSGs will include a natural gas-

fired (supplemental “duct burner” firing system that allow for

additional electrical production during select periods. The

steam turbine generator will provide approximately 288 MW

Approximately 23 MW will be consumed within the Facility to

power necessary systems, which leaves a net nominal electric

output of 630 MW.

The Project will be equipped with state-of-the-art

emissions control technology; including selective catalytic

reduction (SCR) technology to control oxides of nitrogen (NOx)

and an oxidation catalyst to control carbon monoxide (CO) and

volatile organic compound (VOC) emissions. Exhaust steam from

the steam turbine will be cooled (i.e., condensed) and then

returned to the HRSG using an air-cooled condenser.

Natural gas will be used as the primary fuel with

ultra-low sulfur distillate oil serving as a back-up fuel for

reliability purposes. Use of the back-up fuel will be limited

to the equivalent of 720 hours per year, per turbine, so that

the Facility can reliably support the electrical system in the

event that natural gas supplies are needed to meet residential

heating or other demands. To accommodate short-term operation

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on ultra-low sulfur distillate oil, the proposed Project will

include a 965,000-gallon fuel oil storage tank and associated

off-loading facilities. The fuel oil tank capacity is designed

to allow for three, twelve-hour days of operation on fuel oil

for two combustion turbines, at base load and average ambient

conditions.

The Project will interconnect with the New York Power

Authority’s (NYPA) 345-kilovolt (kV) transmission system, which

is located less than 1 mile north of the Project site, via new

underground cables and a new 345 kV gas insulated switchgear

(GIS) switchyard, to be located adjacent to the NYPA

transmission lines. The underground transmission lines will

extend easterly along the Project site parallel to I-84 towards

Route 17M. At the eastern portion of the site, the transmission

line route will turn and extend north paralleling Route 17M in

the New York State Department of Transportation (NYSDOT) Route

17M right-of-way.

Process water requirements for the Facility will be

met through use of treated effluent from the City of Middletown

Sewage Treatment Plant. Treated effluent (currently discharged

to the Wallkill River) from the city Treatment Plant will be

conveyed to the Project site via a new water pipeline, filtered

and chlorinated for reuse as process makeup water. Project

process water discharge will be conveyed back to the City of

Middletown Sewage Treatment Plant via a new wastewater

transmission pipeline for treatment prior to discharge to the

Wallkill River. Potable water will be obtained through an

interconnection to the municipal system along Route 6.

Discussion

A comprehensive environmental review of the project

was conducted in conformance with the State Environmental

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Quality Review Act (SEQRA) with The Town of Wawayanda Planning

Board acting as SEQRA Lead Agency. The Commission is an

Involved Agency in the SEQRA review. Following the issuance of

a final scoping document on October 14, 2008, a Draft

Environmental Impact Statement (DEIS) was submitted by CPV

Valley Energy Center to the lead agency on November 18, 2008.

The DEIS was determined to be complete on February 23, 2009, and

was made available to the Public. Comments on the DEIS were

accepted by the lead agency until May 14, 2009. Town of

Wawayanda Planning Board held a public hearing on the DEIS on

April 8, 2009 and additional studies comment period was open

from March 8 through March 22, 2010.

In response to written comments, as well as the

comments raised during the public hearing, CPV Valley Energy

Center submitted a Final Environmental Impact Statement (FEIS)

on November 30, 2011 and the Lead Agency accepted the FEIS on

February 8, 2012.

The Final EIS evaluates the environmental impacts

identified in the DEIS Scope as well as comments provided in

response to the DEIS. Record information identifies resources

and provides evaluation of impacts on land and land use, visual

resources, air quality, noise, ecological resources including

wildlife, wetlands and water resources, socioeconomics, traffic,

cultural resources, soils, geology, and seismology. Cumulative

impacts associated with an off-site gas transmission pipeline

(subject to additional siting review authority by the Federal

Energy Regulatory Commission) were also identified. The FEIS

addresses the potential environmental impacts, and provides

protective measures tailored to avoid, minimize and mitigate

those impacts. These measures include: use of highly efficient

combined cycle technology, air-cooled condensers and state-of-

the-art emissions control technology; location of electric

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transmission lines underground to reduce visual impacts of the

facility; and use of treated wastewater as process water.

In its Findings Statement, the Lead Agency concluded

that the CPV Valley project has been designed, and where

necessary, revised, to avoid, minimize, and mitigate adverse

environmental impacts. The New York State Department of

Environmental Conservation issued a Findings Statement and

permits related to air emissions and wetlands disturbance.

Air emissions in general will be minimized through the

use of emission control devices and strategies representing the

most stringent limitation achieved in practice or which can

reasonably be expected in practice. Permanent impacts will be

avoided and temporary impacts will be avoided or minimized by

proper handling of top soil, grading of the site and storm water

management systems. Impacts to wetlands will be avoided and

minimized through construction practices and protective

plantings. The project is not expected to have significant

adverse impacts on wildlife or significant habitat areas. The

project represents the best alternative among those considered.

Although some adverse environmental impacts may be

expected from the project, when those impacts are weighed

against the benefits, we concluded that the CPV Valley project

is in the public interest. It would be a modern electric

generation facility and would incorporate various measures to

increase efficiency and capacity and avoid or minimize adverse

environmental impacts to the greatest extent practicable.

As an additional source of power generation in the

Hudson Valley, the project will help meet long-term electric

system capacity needs and may relieve short term reliability

concerns due to generation retirement.

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Conclusions

The potential benefits identified in the FEIS outweigh

the potential adverse effects that would result from

construction and operation of the proposed facilities. The

mitigation measures proposed are reasonable responses to

identified impacts, and would avoid or minimize the identified

adverse effects to the extent practicable.

Upon considering the environmental impacts, facts, and

conclusions in the FEIS, we conclude that the project would

avoid and minimize adverse environmental impacts to the maximum

extent practicable. Other findings pursuant to SEQRA, as

extensively discussed in the Findings Statements issued by the

Lead Agency, are reasonable and appropriate. Those findings

consider the relevant environmental impacts, facts and

conclusions as discussed in the FEIS.

The Commission certifies that the requirements of

SEQRA have been met, based on the procedural measures

administered by the Lead Agency, the input of Involved Agencies,

and the substantive mitigation of adverse effects based on

facility design and the requirements of the agencies findings,

the various permits to be issued, and the requirements of the

Certificate of Public Convenience and Necessity.

The Commission also certifies that, consistent with

social, economic and other essential considerations from among

the reasonable alternatives available, the action is one that

avoids or minimizes adverse environmental impacts to the maximum

extent practicable, and that adverse environmental impacts would

be avoided or minimized to the maximum extent practicable

because of the incorporation of conditions requiring appropriate

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mitigation measures in the Certificate of Public Convenience and

Necessity.

KATHLEEN H. BURGESS

Secretary

Resource Report 1 – General Project Description 1G-i Valley Lateral Project

APPENDIX 1G

List of Affected Landowners

Provided under Separate Cover in Volume III –

PRIVILEGED AND CONFIDENTIAL – DO NOT RELEASE

Resource Report 1 – General Project Description 1H-i Valley Lateral Project

APPENDIX 1H

Meter Station Plot Plan

Provided under Separate Cover in Volume IV – CRITICAL ENERGY INFRASTRUCTURE INFORMATION – DO

NOT RELEASE

VALLEY LATERAL PROJECT RESOURCE REPORT 1 ...

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