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VALLEY LATERAL PROJECT

RESOURCE REPORT 8 Land Use, Recreation, and Aesthetics

FERC Docket No. CP16-__-000

November 2015

Resource Report 8 i Valley Lateral Project Land Use, Recreation, and Aesthetics

TABLE OF CONTENTS Section Page 8.0 LAND USE, RECREATION, AND AESTHETICS .................................................................... 8-1 8.1 LAND USE ................................................................................................................................... 8-1

8.1.1 Existing Land Use ............................................................................................................ 8-1 8.1.2 Land Use Affected During Project Construction and Operation ..................................... 8-2

8.1.2.1 Pipeline ........................................................................................................ 8-2 8.1.2.2 Aboveground Facilities ................................................................................ 8-3 8.1.2.3 Pipeyards ...................................................................................................... 8-4 8.1.2.4 Access Roads ................................................................................................ 8-4

8.1.3 Land Use Impacts and Mitigation .................................................................................... 8-4 8.1.3.1 Agricultural Land ......................................................................................... 8-5 8.1.3.2 Upland Forest .............................................................................................. 8-7 8.1.3.3 Open Land .................................................................................................... 8-8 8.1.3.4 Industrial/Commercial Land ........................................................................ 8-8 8.1.3.5 Wetlands ..................................................................................................... 8-10 8.1.3.6 Open Water ................................................................................................ 8-10 8.1.3.7 Residential Land ......................................................................................... 8-10 8.1.3.8 Special Land Uses ...................................................................................... 8-11

8.2 LAND OWNERSHIP ................................................................................................................. 8-11 8.3 PLANNED RESIDENTIAL/COMMERCIAL DEVELOPMENT ............................................ 8-12 8.4 PUBLIC LAND, RECREATION, AND OTHER DESIGNATED AREAS .............................. 8-13

8.4.1 Federal Lands ................................................................................................................. 8-13 8.4.2 State Lands ..................................................................................................................... 8-13 8.4.3 County and Municipal ................................................................................................... 8-13 8.4.4 Conservation Easements ................................................................................................ 8-14 8.4.5 Coastal Zone Management Areas and Inland Waterways ............................................. 8-15 8.4.6 Other Areas of Potential Concern .................................................................................. 8-15

8.5 AESTHETIC RESOURCES ....................................................................................................... 8-16 8.5.1 Pipeline Facilities ........................................................................................................... 8-16 8.5.2 Aboveground Facilities .................................................................................................. 8-17

8.5.2.1 Launcher .................................................................................................... 8-17 8.5.2.2 Meter Station and Receiver ........................................................................ 8-17

8.6 REFERENCES ........................................................................................................................... 8-18

Resource Report 8 ii Valley Lateral Project Land Use, Recreation, and Aesthetics

LIST OF TABLES

TABLE 8.1-1 Land Uses Crossed by the Valley Lateral Pipeline ............................................................. 8-2 TABLE 8.1-2 Agricultural District #2 Parcels Crossed by the Valley Lateral .......................................... 8-6

LIST OF APPENDICES

APPENDIX 8A Supplemental Tables

TABLE 8A-1 Land Use Crossed by Milepost for the Valley Lateral TABLE 8A-2 Land Use Acreage Affected by Construction and Operation of the Valley Lateral

Project TABLE 8A-3 Environmental Sites within 0.25 Mile of the Valley Lateral Project

APPENDIX 8B Figures FIGURE 8B-1 Public Lands in the Vicinity of the Valley Lateral Project

Resource Report 8 iii Valley Lateral Project Land Use, Recreation, and Aesthetics

RESOURCE REPORT 8--LAND USE, RECREATION, AND AESTHETICS

Filing Requirement Location in Environmental

Report

Describe the width and acreage requirements of all construction and permanent rights-of-way and the acreage required for each proposed plant and operational site, including injection or withdrawal wells. (§ 380.12 (j) (1))

Section 8.1 and Resource Report 1, Tables 1.4-1, 1.4-2, 1A-2, 1A-3

(i) List, by milepost, locations where the proposed right-of-way would be adjacent to existing rights-of-way of any kind. (§ 380.12 (j) (1))

Resource Report 1, Table 1.3-1

(ii) Identify, preferably by diagrams, existing rights-of-way that would be used for a portion of the construction or operational right-of-way, the overlap and how much additional width would be required. (§ 380.12 (j) (1))

Volume IIB

(iii) Identify the total amount of land to be purchased or leased for each aboveground facility, the amount of land that would be disturbed for construction and operation of the facility, and the use of the remaining land not required for project operation. (§ 380.12 (j) (1))

Section 8.1.2.2 and Table 8A-2 in Appendix 8A

(iv) Identify the size of typical staging areas and expanded work areas, such as those at railroad, road, and waterbody crossings, and the size and location of all pipe storage yards and access roads. (§ 380.12 (j) (1))

Section 8.1.2

Identify, by milepost, the existing use of lands crossed by the proposed pipeline, or on or adjacent to each proposed plant and operational site. (§ 380.12 (j) (2))

Table 8.1-1

Describe planned development on land crossed or within 0.25 mile of proposed facilities, the time frame (if available) for such development, and proposed coordination to minimize impacts on land use. Planned development means development which is included in a master plan or is on file with the local planning board or the county. (§ 380.12 (j) (3))

Section 8.3

Identify, by milepost and length of crossing, the area of direct effect of each proposed facility and operational site on sugar maple stands, orchards and nurseries, landfills, operating mines, hazardous waste sites, state wild and scenic rivers, state or local designated trails, nature preserves, game management areas, remnant prairie, old-growth forest, national or state forests, parks, golf courses, designated natural, recreational or scenic areas, or registered natural landmarks, Native American religious sites and traditional cultural properties to the extent they are known to the public at large, and reservations, lands identified under the Special Area Management Plan of the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, and lands owned or controlled by Federal or state agencies or private preservation groups. Also identify if any of those areas are located within 0.25 mile of any proposed facility. (§ 380.12 (j) (4))

Sections 8.1.3 and 8.4, and Table 8A-3 in

Appendix 8A

Resource Report 8 iv Valley Lateral Project Land Use, Recreation, and Aesthetics

RESOURCE REPORT 8--LAND USE, RECREATION, AND AESTHETICS

Filing Requirement Location in Environmental

Report

Identify, by milepost, all residences and buildings within 50 feet of the proposed pipeline construction right-of-way and the distance of the residence or building from the right-of-way. Provide survey drawings or alignment sheets to illustrate the location of the facilities in relation to the buildings. (§ 380.12 (j) (5))

Section 8.1.3.7

Describe any areas crossed by or within 0.25 mile of the proposed pipeline or plant and operational sites which are included in, or are designated for study for inclusion in: The National Wild and Scenic Rivers System (16 U.S.C. 1271); The National Trails System (16 U.S.C. 1241); or a wilderness area designated under the Wilderness Act (16 U.S.C. 1132). (§ 380.12 (j) (6))

Section 8.4.1

For facilities within a designated coastal zone management area, provide a consistency determination or evidence that the applicant has requested a consistency determination from the state's coastal zone management program. (§ 380.12 (j) (7))

Section 8.4.5

Describe the impact the project will have on present uses of the affected area as identified above, including commercial uses, mineral resources, recreational areas, public health and safety, and the aesthetic value of the land and its features. Describe any temporary or permanent restrictions on land use resulting from the project. (§ 380.12 (j) (8))

Sections 8.1, 8.3, 8.4, and 8.5

Describe mitigation measures intended for all special use areas identified under paragraphs (j)(2) through (6) of this section. (§ 380.12 (j) (9))

Sections 8.1, 8.3, 8.4, and 8.5

Describe proposed typical mitigation measures for each residence that is within 50 feet of the edge of the pipeline construction right-of-way, as well as any proposed residence-specific mitigation. Describe how residential property, including for example, fences, driveways, stone walls, sidewalks, water supply, and septic systems, would be restored. Describe compensation plans for temporary and permanent rights-of-way and the eminent domain process for the affected areas. (§ 380.12 (j) (10))

Section 8.1.3.7

Describe measures proposed to mitigate the aesthetic impact of the facilities especially for aboveground facilities such as compressor or meter stations. (§ 380.12 (j) (11))

Section 8.5

Demonstrate that applications for rights-of-way or other proposed land use have been or soon will be filed with Federal land-management agencies with jurisdiction over land that would be affected by the project. (§ 380.12 (j) (12))

Not Applicable

Resource Report 8 v Valley Lateral Project Land Use, Recreation, and Aesthetics

FERC COMMENTS ON DRAFT RESOURCE REPORT 8

LOCATION OR RESPONSE TO COMMENT

OCTOBER 1, 2015 COMMENTS

Resource Report 8 – General Project Description

37. In section 8.1.2.4:

a. verify that access road TAR-006 (MP 4.4) is a new road, or is all or a portion is an existing road; and

Resource Report 1, Appendix 1A, Table 1A-3.

b. discuss any measures to minimize impacts on the residential swimming pool located approximately 25 feet from planned access road TAR-005, including impacts from dust associated with the placement of gravel on the existing two-track road.

Resource Report 8, Section 8.1.3.7.

38. In section 8.1.3.1, specify the location of active cattle pastures that would be crossed by the planned Project and discuss any measures that would be used to protect cattle operations during construction, including the preparation of a grazing deferment plan.

Resource Report 8, Section 8.1.3.1. Resource Report 1, Appendix 1B.

39. In section 8.1.3.1, include a table of parcels within 0.25-mile of the planned Project that are recognized by Orange County and the New York State Department of Agriculture and Markets as being protected from non-agricultural use.

Resource Report 8, Table 8.1-2.

40. In section 8.1.3.2, specify the steps taken to identify lands participating in the Sustainable Forestry Initiative Certification Program or the American Tree Farm System, as well as the steps that will be taken to finalize identification, such as coordination with the applicable certifying agencies.

Resource Report 8, Section 8.1.3.2.

41. Clarify the discrepancy in wetlands crossed between section 8.1.3.5 (2.7 percent) and table 8.1-1 (2.3 percent).

Resource Report 8, Section 8.1.3.5 and Table 8.1-1.

42. In section 8.2, specify the distance crossed, existing land use, and management purpose of the lands owned by the Town of Wawayanda that would be crossed by the planned Project at MP 4.3, 5.3, and 5.6.

Resource Report 8, Section 8.2

43. Provide correspondence with the county and town planning entities, including the Orange County Planning Department, Orange County Partnership, and Town of Minisink and Town of Wawayanda Planning Boards, to determine the lack of planned residential or business/commercial developments within 0.25-mile of the planned Project, as discussed in section 8.3. In addition, provide the general boundaries of the priority growth areas that would be crossed by the planned Project.

Resource Report 1, Appendix 1D. Resource Report 8, Section 8.3.

44. In section 8.4.4, provide correspondence with the Farm Service Agency and local farm bureaus indicating the presence or absence of Conservation Reserve Program lands and Conservation Reserve Enhancement Program lands, when available.

Resource Report 8, Section 8.4.4.

Resource Report 8 vi Valley Lateral Project Land Use, Recreation, and Aesthetics

FERC COMMENTS ON DRAFT RESOURCE REPORT 8

LOCATION OR RESPONSE TO COMMENT

44. In section 8.4.6, discuss any safety precautions/notifications that may be installed during construction and operation of the planned meter station off Route 6/Bicycle Route 17 in Wawayanda to minimize the risk to bicyclists, such as signage on planned access road PAR-002. In addition, provide any additional safety precautions that may be taken in that area during construction and operation.

Resource Report 8, Section 8.4.6.

Resource Report 8 vii Valley Lateral Project Land Use, Recreation, and Aesthetics

LIST OF ACRONYMS AND ABBREVIATIONS ATFS American Tree Farm System ATWS Additional temporary workspace CPV CPV Valley, LLC CREP Conservation Reserve Enhancement Program CRP Conservation Reserve Program EDR Environmental Data Resources, Inc. ER Environmental Report ESFPA Empire State Forest Products Association FERC or Commission Federal Energy Regulatory Commission FERC Plan FERC’s (2013) Upland Erosion Control, Revegetation, and Maintenance

Plan FERC Procedures FERC’s (2013) Wetland and Waterbody Construction and Mitigation

Procedures FSA Farm Service Agency FSC Forest Stewardship Council HDD Horizontal Directional Drill Millennium Millennium Pipeline Company, L.L.C. MP Milepost NPS National Park Service NRCS Natural Resources Conservation Service NYSDAM New York State Department of Agriculture and Markets NYSDEC New York State Department of Environmental Conservation Project Valley Lateral Project SFI Sustainable Forestry Initiative U.S. United States USDA U.S. Department of Agriculture USGS U.S. Geological Survey

Resource Report 8 8-1 Valley Lateral Project Land Use, Recreation, and Aesthetics

8.0 LAND USE, RECREATION, AND AESTHETICS 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 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). 8.1 LAND USE

8.1.1 Existing Land Use

Land that will be affected by the Project has been classified into seven main land use categories as defined below:

Agricultural Land – active hayfields, cultivated land, and specialty crops; Upland Forest – forested area, not including forested wetlands; Open Land – utility rights-of-way, open fields, vacant land, herbaceous and scrub-shrub uplands,

and non-forested lands; Industrial/Commercial Land – manufacturing or industrial plants, paved areas, landfills, mines,

quarries, electric power or natural gas utility facilities, developed areas, roads, railroads and railroad yards, and commercial or retail facilities;

Wetlands - palustrine emergent (PEM), scrub-shrub (PSS), and forested (PFO) wetlands; Open Water – water crossings greater than 100 feet wide and streams visible on aerial photography

but less than 100 feet in width; and Residential Land – existing developed residential areas. This may include large developments,

low, medium, and high-density residential neighborhoods, urban/suburban residential, multi-family residences, ethnic villages, residentially zoned areas that have been developed, or short segments of the route at road crossings with homes near the route alignment.

1 15 U.S.C. § 717f(c) (2012).


Table 8.1-1 summarizes land use classifications that will be crossed by the pipeline. While these land use classifications are determined by the primary use of the land, there may be rural residences located on properties that are classified according to their non-residential use such as agricultural land, as described more fully below in 8.1.3.7. Table 8A-1 in Appendix 8A provides the proposed pipeline crossings of each of these land uses by milepost.

TABLE 8.1-1Land Uses Crossed by the Valley Lateral Pipeline

Land Use Crossing Length

(miles) Percent of Pipeline Total

Agricultural Land 3.9 49%

Upland Forest 2.6 33%

Open Land 0.7 9%

Industrial/Commercial Land 0.4 5%

Wetland 0.2 3%

Open Water 0.1 1%

Residentiala 0.0 0%

Totalb 7.9

a: One area was classified as residential land adjacent to the pipeline at approximate MP 7.3. The HDD construction method is proposed in this location; therefore, there is no construction workspace within the residential land use.

b: Includes the length of the meter station piping.

8.1.2 Land Use Affected During Project Construction and Operation

The Project will result in the temporary disturbance of existing land use during construction and, to a lesser degree, permanent modification of existing land use during operation of the Project. Land requirements for the construction and operation of the Project facilities by land use classification are provided in Table 8A-2 in Appendix 8A. A total of approximately 118.0 acres of land will be disturbed during construction of the Project including construction work areas for installation of the pipeline and aboveground facilities, access roads, and two pipeyards. Following construction, a total of approximately 54.8 acres will be used for operation of the Project including 39.2 acres for the permanent easement associated with the pipeline, 1.2 acres for the aboveground facilities (including meter station piping), 2.8 acres for permanent access roads, and 11.6 acres for the conversion of pipeyard CY-2 from agricultural land to open land (as a result of Millennium’s purchase of the property). Land not required for Project operation will be restored and returned to pre-existing land uses in accordance with landowner agreements. 8.1.2.1 Pipeline

The new pipeline lateral will be installed following a set of sequential operations as described in Resource Report 1. The construction right-of-way will consist of a construction work area that includes the temporary workspace, additional temporary workspace (ATWS), and permanent easement. The width of the construction right-of-way will range from 75 feet in upland areas to 135 feet in areas of active agriculture, depending on site-specific conditions as described in Resource Report 1.


The size and configuration of each ATWS is unique and dependent upon the existing conditions at each work location. ATWS will typically be located at road and smaller stream or wetland crossings. Larger ATWS will be needed at pipe tie-ins, at horizontal directional drill (HDD) entry and exit points, at foreign pipeline or other utility crossings, and for staging and fabrication of drag sections. The location, description, and justification for ATWS along the proposed pipeline segments are provided in Table 1A-2 in Resource Report 1. Millennium has identified two pipeyards for use during Project construction. The yards will be used for stockpiling equipment and for other various uses. The pipeyards are discussed further in Section 8.1.2.3, below. Information on the pipeyards is provided in Table 1.4-2 in Resource Report 1 and the location is included on Project mapping in Appendix 1C of Resource Report 1. Other areas that will be disturbed by construction include temporary and permanent access roads that will be used to access the construction work areas and the pipeyards. Table 1A-3 in Resource Report 1 lists permanent and temporary access roads associated with the Project. Locations of proposed access roads are also included on mapping in Appendix 1C. To the extent practicable, the Project pipeline will be constructed adjacent to, but not within, other existing pipelines or utility lines. Based on current design, approximately 1.82 miles (23 percent) of the total length of the new pipeline will be adjacent to existing rights-of-way. Table 1.3-1 in Resource Report 1 lists the locations where the Project pipeline will be installed adjacent to other existing railroad and power line rights-of-way, and the width of the existing permanent rights-of-way where known. The dominant land uses crossed by the construction of the pipeline, summarized in Table 8A-2, include agriculture, primarily hay fields, and upland forest. Relatively small proportions of other land uses crossed by the pipeline include open land, industrial/commercial land, wetland, and open water. Following construction, construction work areas will be restored and revegetated. Millennium will retain a 50-foot-wide permanent easement for operation of the pipeline. 8.1.2.2 Aboveground Facilities

In addition to the pipeline, the Project includes a pig launcher that will be located at MP 0.0. A meter station with associated piping and a pig receiver will be located on CPV’s property within the area already approved and currently being used for construction of the CPV Valley Energy Center (MP 7.8). These facilities are depicted on the full-size USGS Quadrangle maps and aerial-based alignment sheets provided in Volume II, Attachment 1A. A plot plan for the meter station is included in Volume IV (Critical Energy Infrastructure Information) and a typical drawing for the launcher/receiver facilities is included in Appendix 1C. Land used for construction and operation of the pig launcher (MP 0.0) will be partially within the permanent right-of-way for the pipeline in agricultural land. 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.


The site for the meter station, pig receiver, and associated piping is located on industrial/commercial land. A portion of the underground piping for the meter station will cross palustrine scrub-shrub wetland, which will be restored post-construction. Access to the site will be via U.S. Route 6. Millennium will acquire from CPV the necessary land rights for construction, placement and operation of the meter station and receiver within the CPV Valley Energy Center property. 8.1.2.3 Pipeyards

Two pipeyards have been proposed for use during construction of the Project. Millennium proposes to lease a 7.5 acre property for use during construction (CY-1). Additional information on the proposed pipeyards is included in Resource Report 1. Pipeyard CY-1, located north of MP 5.7 adjacent to Route 284, will be sited in a previously disturbed area primarily comprised of existing commercial/industrial land. After construction of the Project, pipeyard CY-1 will be restored and allowed to revert to pre-construction uses. Millennium will purchase the land for pipeyard CY-2 at MP 0.0 that will be sited in existing agricultural land. After construction of the Project, pipeyard CY-2 will be vegetated with grass and converted to open land. 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 locations of the two proposed pipeyards are included on the USGS topographic maps in Appendix 1C. 8.1.2.4 Access Roads

Millennium has identified ten temporary access roads for use during construction of the pipeline (five existing roads and five new roads). The access roads primarily consist of agricultural land, with some areas of upland forest, open land, commercial/industrial land, and residential land (see Table 8A-2). The five temporary access roads are proposed new gravel roads. Temporary access road TAR-008 consists of an existing approach proposed to be extended and graveled. Two permanent access roads are proposed for construction of the aboveground facilities at MP 0.0 and MP 7.8, and for access to the aboveground facilities during operation. Permanent Access Road PAR-001 is an existing gravel agricultural road. Millennium will use the existing gravel surface for the access road and will construct a paved entrance. Permanent Access Road PAR-002 is an existing road for the CPV Valley Energy Center and an extension of this existing road is proposed for access to the meter station. Refer to Section 1.4.1.3 and Table 1A-3 in Resource Report 1 for additional information on access roads for the Project. 8.1.3 Land Use Impacts and Mitigation

Construction of the Project will require land disturbance during installation of the facilities. Following construction, the construction work areas for the pipeline will be restored and revegetated. Temporary construction rights-of-way and ATWS (including land used for temporary access roads and pipeyard CY-1) will be restored, re-seeded, and allowed to revert to previous use.


A 50-foot-wide permanent easement will be retained for operation of the pipeline. Long-term impacts associated with pipeline operation include the conversion of land to industrial use for the aboveground facilities, conversion of pipeyard CY-2 from agricultural land to open land, and restrictions on future land use associated with the permanent easement. These restrictions prohibit certain types of uses from occurring within the permanent right-of-way including the construction of any permanent aboveground structures; however, many activities such as agriculture use are allowed to continue within the easement. Table 8A-1 in Appendix 8A provides proposed pipeline crossings of each land use by milepost. Table 8A-2 in Appendix 8A provides the acres of various land uses that will be affected during construction and operation of the pipeline and aboveground facilities. Construction and restoration will be done in accordance with the FERC’s (2013) Upland Erosion Control, Revegetation, and Maintenance Plan (FERC Plan), and FERC’s (2013) Waterbody and Wetland Construction and Mitigation Procedures (FERC Procedures) and other Project construction and mitigation plans included in Appendix 1B in Resource Report 1. Proposed deviations to the FERC Plan and FERC Procedures are included in Table 1A-4 in Resource Report 1. 8.1.3.1 Agricultural Land

More than half of the construction workspace for the pipeline will occur in agricultural lands. In general, impacts resulting from construction across agricultural lands will be limited to loss of use during the growing season during which construction occurs. Consultation with the New York State Department of Agriculture and Markets (NYSDAM), indicated that agricultural land in the Project area is used predominantly for pasture, hay, and corn production (Brower, 2015). Environmental field surveys conducted through October 31, 2015 identified active agricultural fields including hay, corn, and soybeans; none of which are included on the United States Department of Agriculture (USDA) list of specialty crops (USDA, 2015). No active livestock grazing pastures have been identified to date through coordination with landowners. If active pasture land is identified in the future, Millennium will work with the landowner for grazing deferment, as described in the Project ECS in Appendix 1B. Most land parcels within the proposed Project construction right-of-way and within 0.25 mile of the right-of-way and other work areas (pipeyards) are located within Orange County Agricultural District #2 (Orange County Planning Department, 2015). The Orange County Agricultural Districts contain agricultural land that has been recognized by the County and NYSDAM as containing viable farmland that has been designated for protection from non-agricultural uses. Table 8.1-2 below identifies parcels designated for protection within Agricultural District #2 that will be crossed by the Project by milepost. Millennium will work with landowners to identify and mitigate potential adverse impacts on farm operations. It is anticipated that the construction and operation of the Project would comply with the purpose and intent of the agricultural district program, as there would be no long-term impact to the functioning of farm operations. Where permanent conversion of agricultural land to non-agricultural uses would occur (i.e., pig launcher and pipeyard CY-2), Millennium will purchase the land.


TABLE 8.1-2 Agricultural District #2 Parcels Crossed by the Valley Lateral

Facility Enter Milepost Exit Milepost Crossing Length

(feet) Acres

Valley Lateral

0.00 0.43 2,256 -

0.43 0.70 1,379 -

0.71 2.08 7,241 -

2.09 2.42 1,710 -

2.42 2.99 3,004 -

3.00 5.37 12,467 -

6.33 6.65 1,693 -

6.65 7.29 3,374 -

7.63 7.63 18 -

7.71 7.76 382 -

Pig Launcher MP 0.0 - 0.17

Pig Receiver MP 7.8 - 0.23

Meter Station Piping MP 7.8 533 0.58

Meter Station MP 7.8 - 0.23

Total 34,057 1.21

Construction techniques for agricultural lands are described in Resource Report 1. In addition, Millennium has incorporated measures from the 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 Environmental Construction Standards for construction in agricultural land (see Resource Report 1, Table 1.6-4). Following construction, cropland not owned by Millennium and used for the temporary construction right-of-way and ATWS would be restored to approximately its pre-construction conditions and allowed to revert to prior use, and agricultural use will be permitted within the permanent easement, in accordance with applicable easement agreements. Landowners will be compensated for lost production and crop damages resulting from construction of the pipeline also in accordance with easement agreements. Millennium will conduct post-construction monitoring to evaluate the restoration within affected agricultural areas. Restoration would be considered successful in agricultural areas if crop yields within the restored construction areas are similar to adjacent undisturbed portions of the same field. During the course of easement negotiations, Millennium will work with landowners to identify the specific locations of existing agricultural drainage tiles. Site-specific plans will identify the locations of drain tile systems with respect to the pipeline, and address repair and replacement of damaged tiles, restoration of pre-construction hydrology, and post-construction monitoring. No drain tiles have been identified to date for the Project areas.


8.1.3.2 Upland Forest

Upland forest/woodland includes upland deciduous forest, evergreen forest, and mixed (deciduous and evergreen) forest; it does not include forested wetlands as those are classified as wetlands. Resource Report 3 provides a detailed discussion of the types of upland forests and woodlands crossed by the pipeline facilities. Millennium will restore and stabilize the approximate original grade of forested areas affected within the construction right-of-way and other temporary workspaces and will allow these areas to revert to forest through natural successional processes after construction. Within the permanent easements, Millennium will maintain currently forested upland areas in an herbaceous vegetation state to facilitate inspection and operation of the Project facilities. Resource Report 3, Sections 3.2.3 and 3.3.1 provide a detailed discussion of impacts on upland forests including fragmentation. No commercial silviculture (i.e., timber production) operations have been identified along the proposed pipeline facilities. If any silvicultural lands are crossed by the Project, Millennium will negotiate with and reimburse landowners for any damages or loss of timber that result from construction of the Project. The reimbursement to these landowners/producers will be based on market prices at the time of easement negotiations with each affected landowner. Several forest certification programs are available in Orange County, including the Sustainable Forestry Initiative (SFI) Certification Program and the American Tree Farm System. SFI Certified Program Participants adhere to a set of principles that address how they operate on their own lands, and how they conduct procurement practices across all ownerships. Collectively and individually, SFI Certified Program Participants promote the practice of sustainable forestry on all lands by funding logger and forester education and encouraging private landowners to manage their forests sustainably (SFI, 2015). Online databases that include the SFI database and the Forest Stewardship Council (FSC) public certificate search were reviewed to identify properties enrolled in forest certification programs located within 0.25-mile of the Project. Agencies and organizations contacted to identify certified forest parcels include the New York Tree Farm Program, which is the state administrative and information resource for the American Tree Farm System; and Empire State Forest Products Association (ESFPA), which provides information for forest products and all active certification programs in New York State, including the Sustainable Forestry Initiative program, the Forest Stewardship Council program, and the American Tree Farm System. No parcels that will be crossed by the Project were identified from database searches or agency and organization consultation as participating in either the SFI, the FSC, or the New York Tree Farm forest certification programs (SFI 2015, American Forests 2015, ESFPA 2015). If land enrolled in the programs is identified, Millennium will work with the landowner and the certifying agency to mitigate impacts and ensure continued participation in forest and timber protection programs to the extent reasonably practicable. The Project pipeline will not cross any sugar maple stands, orchards or nurseries, or old growth forests. No USDA certified organic operations were identified within 0.25 mile of the proposed Project alignment (USDA, 2014).


To encourage the long-term management of woodlands to produce forest crops and thereby increase the likelihood of a more stable forest economy, the State of New York in 1974 enacted the 480-a Forest Tax Law to qualifying owners (NYSDEC, 2015a). No properties enrolled in the New York Forest Tax Law Program, RPTL 480 & 480a have been identified as affected by the Project through title research and land owner contact conducted to date. If any such properties are identified in the future, any associated penalties or damages will be identified and compensated for through the easement process in coordination with the landowner. 8.1.3.3 Open Land

Open land is defined as non-forested lands, pasture, maintained utility rights-of-way, and herbaceous and scrub-shrub uplands. Millennium will utilize standard overland construction techniques through open lands. In general, impacts resulting from construction through open lands will be limited to the construction period. Following construction, open lands affected by the Project will be restored to their previous use, except for limited clearing of the permanent right-of-way for operation and maintenance of the pipeline. 8.1.3.4 Industrial/Commercial Land

Impact minimization measures used in industrial/commercial areas will include timing of construction to avoid peak use periods, maintaining access to businesses at all times, and expediting construction through these areas. Millennium will coordinate directly with affected industrial/commercial landowners on an individual basis to further reduce potential adverse effects. Roadways

Public roads that will be crossed by the Project pipeline include I-84, New York State Route 6, Orange County roads, and private roads. Roads that will be crossed by the Project are listed in Table 1.6-2 in Resource Report 1. The table includes the milepost at the crossing, the road name, surface, and the proposed construction method. Most public roads are paved, although some county and local roads are maintained as gravel roads. Potential temporary effects associated with roadway crossings include disruption of traffic flows, disturbance of existing underground utilities, such as water and sewer lines, and hindrance of emergency vehicle access. There are no anticipated permanent effects on existing use of the roadways that will be crossed by the Project. 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. Private roads with a gravel surface will be crossed using an open cut and then restored to approximate pre-construction conditions or better. If an open-cut crossing of 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 vehicular travel and safe traffic flow during the crossing. Millennium will apply for necessary permits for work within road rights-of-way and will coordinate with federal, state, and county transportation departments to identify any future road expansions or paving plans within areas crossed by the Project. Crossings will be constructed in accordance with site conditions and


applicable road opening permit requirements, as well as the U.S. Department of Transportation requirements regarding depth of cover. Also see discussion in Section 5.2.1.5 in Resource Report 5 regarding bonding and repair of roads if damaged during construction. The Project will cross an abandoned railroad bed at one location (MP 0.7). The railroad will be crossed by conventional bore. Additional detail on road and railroad crossing construction methods is provided in Section 1.6.1.4 of Resource Report 1. Hazardous Materials

Millennium conducted database research to identify, to the extent feasible, properties within 0.25 mile of the Project facilities previously impacted with oil and/or hazardous materials. A search completed by Environmental Data Resources, Inc. (EDR) identified various types of potential and actual sources of contamination to nearby groundwater resources along the proposed Project facilities. Information from EDR is a compilation of a variety of available federal, state, and local government databases. A list of identified sites within 0.25-mile is presented in Table 8A-3 in Appendix 8A. None of the sources identified were located in a hydrogeologically up-gradient orientation, and therefore are not expected to impact Project facilities. Millennium conducted a review for the proposed pipeyard properties which included an environmental database search, USGS 7.5 minute topographic maps, aerial photographs, property tax map report, and an environmental lien and activity and use limitation search. The pipeyard properties were not listed on any of the EDR Databases. Aerial photographs reviewed (dated 1940, 1968, 1975, 1984, 1991, 1994, 2006, 2009 and 2011) depict the pipeyard property adjacent to Route 284 (CY-1) to have been developed as agricultural and residential property since at least 1940 until sometime before 1984, when the property appeared as cleared, with the exception of a remaining building structure on the southeast portion. The property appears as a storage yard (potentially for gravel and stone/sand with storage trailers) from at least 2009 to the present. According to the EDR Lien Search Report, no environmental liens or activity and use limitations are associated with pipeyard CY-1. Aerial photographs reviewed (dated 1994, 1995, 2006, 1991, 1994, 2006, and 2012) depict pipeyard CY-2 to have been developed as agricultural property since at least 1994. No environmental liens or activity and use limitations have been identified associated with pipeyard CY-2 through title research or landowner contact conducted to date. One adjoining property (E. Tetz and Sons) to the southeast of the proposed pipeyard property (CY-1) adjacent to Route 284 (ES-10 on Figure 2B-2) was listed in the EDR report on multiple databases [New York Above-Ground Storage Tank, Resource Conservation and Recovery Act Small Quantity Generator, United States Mines and MANIFEST]. No releases have been reported from this facility. Multiple violations were reported on the US MINES database between 2002 and 2014, and included undefined penalty citation fines. The identified violation statuses were reported as closed. This property is located topographically cross/down-gradient of the pipeyard property (CY-1) and is not expected to have any impact on the site.


Millennium does not anticipate any potential concerns associated with hazardous materials during construction and operation of the Project facilities. If any hazardous materials are encountered during pipeline construction, Millennium will dispose of and/or implement mitigation measures for the hazardous materials in accordance with applicable regulations. Other industrial land uses that occur within 0.25 mile of the proposed Project alignment include an active sand and gravel quarry. The site is addressed in Resource Report 6. 8.1.3.5 Wetlands

Wetlands account for 3.0 percent of land use types that will be crossed by the pipeline. There will be no impact on wetlands from the construction and operation of aboveground facilities. Section 2.3 of Resource Report 2 provides a description of the wetland types and their typical vegetative species composition, and Table 2.3-1 of Resource Report 2 summarizes the amount of each wetland type that will be affected by the Project. Construction procedures to minimize impacts on wetlands are summarized in Section 1.6.1.2 of Resource Report 1. 8.1.3.6 Open Water

Open water includes waterbody crossings visible on aerial photography but less than 100 feet in width. No waterbodies greater than 100 feet wide will be crossed by the Project. Proposed waterbody crossing methods are identified in Resource Report 2, Appendix 2A, Table 2A-1. Millennium will follow its Environmental Construction Standards to limit water quality and aquatic resource impacts during and following construction. Millennium will use the dry waterbody crossing method for waterbodies where there is no discernable flow at the time of the waterbody crossing. Dry-ditch waterbody crossing methods (i.e., dam and pump and flume) will be used where discernable flow is present at the time of the waterbody crossing. Millennium proposes to cross five waterbodies using HDD (see Resource Report 2 for additional discussion of waterbody crossings). 8.1.3.7 Residential Land

Millennium has minimized impacts on residential properties by proposing to locate the pipeline and aboveground facilities in areas removed from residential uses, to the extent practicable. The proposed facilities will be located in rural areas on land currently used for agriculture, upland forest, open space, and other non-residential land uses; however, rural residences are located on some of the properties that are directly impacted and throughout the general area, primarily in the vicinity of agricultural land uses. No residences are located within 50 feet of the edge of the proposed pipeline construction right-of-way, ATWS, or new aboveground facility boundaries. No residences will directly be affected by Millennium’s facility construction or operation activities; therefore, no site-specific construction plans for residences have been developed for this Project. A private residential swimming pool is located approximately 45 feet from existing Access Road TAR-005. Per the landowner, the pool is open from June 1 to September 1. The time the pool is open occurs in summer months outside of the proposed Project construction schedule. There will be no impact on the pool


from construction activities and construction traffic on the access road. If for any reason construction occurs while the pool is open, Millennium will use dust mitigation measures as outlined in the Project ECS (Appendix 1B) to minimize impacts. Millennium’s land agents and contractors will coordinate with property owners before and throughout the construction process to minimize impact on landowners. Landowners will be contacted individually to notify them of the approximate time that construction will take place on their property and to keep them informed about any construction activities that may be of interest to them. Landowners can use the right-of-way, provided this does not interfere with operation and maintenance of the pipeline. No trees will be permitted on the permanent right-of-way in upland areas or within 15 feet of the pipeline in wetlands, as they may impair access to the pipeline and roots can damage the pipeline coating. No permanent structures, including houses, tool sheds, garages, poles, guy wires, catch basins, swimming pools, trailers, leaching fields, septic tanks, or any other objects not easily removed are permitted within the permanent right-of-way. Millennium is currently working with landowners to identify the exact locations of any septic systems and their associated drainage fields that will be crossed by the construction workspace. Where impacts on these structures are unavoidable, Millennium will work with the landowner to repair or relocate the system, as necessary. 8.1.3.8 Special Land Uses

Special land uses include areas such as land associated with schools, parks, places of worship, cemeteries, sport facilities, campgrounds, golf courses, ball fields, etc. A municipal park and a cemetery were identified within 0.25 mile of the proposed Project alignment, and are addressed in Section 8.4. Special land uses that include recreation uses on public and private lands within 0.25 mile of the proposed Project are also addressed in Section 8.4. 8.2 LAND OWNERSHIP

The Project will primarily cross properties held by private landowners. One Orange County property (abandoned railroad) is crossed by the pipeline near MP 0.7. The Project will cross property owned by the Town of Wawayanda in three locations. These locations are described below. No other government agency owned land would be crossed or affected by the Project.

MP 4.08 to MP 4.60 – The approximate crossing length is 2,743 feet (0.5 mile). Plans for the parcel include a proposed ball field. Millennium has routed the alignment in coordination with the Town


of Wawayanda to stay in the fill area of the ball field, and avoid conflicts with the construction and recreational uses of the ball field.

MP 5.36 to MP 5.45 – The approximate crossing length is 475 feet (0.5 mile). The property is municipally owned and the proposed crossing is along the rear (south) property boundary through a wooded area.

MP 5.67 to MP 5.97 – the approximate crossing length is 1,531 feet (0.3 mile). The crossing includes three contiguous Town parcels on which the Town offices and Town Highway Department land are located. Millennium has coordinated with the Town to cross the parcels utilizing the HDD crossing method.

Millennium will acquire permanent easements on privately-held lands that will give Millennium the right to construct, operate, and maintain the pipeline and associated facilities. The easement negotiations between Millennium and the landowner will include compensation for the fair market value of any property acquired for aboveground facilities, compensation for loss of use during construction of the pipeline, loss of nonrenewable or other resources, damage done to property during construction; and will establish allowable uses of the permanent right-of-way after construction, in accordance with applicable laws. Millennium has contacted and will continue communications with landowners crossed or affected by the Project facilities. To date, landowner communications have also included abutting landowners. 8.3 PLANNED RESIDENTIAL/COMMERCIAL DEVELOPMENT

Planned residential or business/commercial development is defined as any development that is included in a master plan or is on file with the local planning board or county. As part of development of the proposed route for the pipeline, Millennium consulted with landowners regarding current and future planned use of their property. Orange County Planning has identified “Priority Growth Areas” as areas where municipalities are encouraged to direct development activity, based partly on the presence of infrastructure. The northeastern portion of the Project from approximate MP 7.1 to MP 7.8, including the meter station and receiver site, will be located within the Priority Growth Area that surrounds the City of Middletown (Orange County, 2010). The proposed Project activities will not affect the ability for future development associated with the Priority Growth Area. Millennium contacted county and town planning agencies in the vicinity of the Project between May and August 2015 to request information regarding proposed future development that would be crossed by or within a 0.25-mile radius of the proposed Project alignment, and reviewed permit applications on file with federal and state agencies. To date, no planned residential or business/commercial developments have been identified as being crossed by the Project. Planned residential or business/commercial developments in the vicinity of the Project area are included in Resource Report 1, Table 1A-6. Correspondence with the Orange County Department of Planning, Orange County Partnership, and the Towns of Wawayanda and Minisink is included in Resource Report 1, Appendix 1D.


If planned developments that will be crossed by the Project are identified in the future, Millennium will address concerns regarding site access, safety, and restoration, as well as any future development plans as part of easement negotiations. Potential conflicts with these projects would be limited to temporary increases in traffic and construction vehicles on shared existing roadways used for Project access (see Resource Report 1, Section 1.12-1. 8.4 PUBLIC LAND, RECREATION, AND OTHER DESIGNATED AREAS

8.4.1 Federal Lands

U.S. Geological Survey (USGS) topographic maps, aerial photographs, internet searches, contacts with federal, state and local agencies, and field reconnaissance were used to identify lands owned or managed by federal, state and local government agencies. There are no federal lands, or lands owned or managed by the State of New York crossed by or located within 0.25 mile of the proposed Project facilities. Recreational, or other designated areas that are crossed or within 0.25 mile of the proposed construction work areas are addressed below. Based on review of public records and databases, no known landfills, national forests, remnant prairie, or registered natural landmarks will be crossed by the Project. Millennium reviewed publicly available information on websites of the National Park Service (NPS) “Find a Park” tool, National Register of Historic Places listings, Land and Water Conservation Fund grant sites, and protected NPS affiliated sites. This review determined that no National Parks, National Natural Landmarks, National Park Service Wilderness Areas, Urban Parks and Recreation Recovery Areas, or National Wild and Scenic Rivers are crossed or located within 0.25 mile of the proposed Project facilities (Bureau of Land Management, 2015; NPS, 2009, 2015a, 2015b, 2015c, 2015d; University of Montana, 2015, USFS, 2013; USGS, 2015). 8.4.2 State Lands

The New York State Department of Environmental Conservation (NYSDEC) State Lands Interactive Mapper was reviewed to identify NYSDEC land, State Parks, conservation easements, trails, forest preserves, wildlife management areas, and other special management areas in the vicinity of the Project. The New York State Scenic Byways program was reviewed to identify roadways designated as state and national scenic byways and parkways in the vicinity of the Project. The Project will not cross and will not be within 0.25 mile of any river that is protected by New York’s Wild, Scenic and Recreation Rivers Permit Program. The review determined that no state owned or managed areas, public uses, and byways will be crossed or within 0.25 mile of the Project (NYSDEC 2015b, NYSDEC 2015c, NYDOT 2015). 8.4.3 County and Municipal

Shannen Park is located 0.07 mile (370 feet) from MP 4.3 (see Figure 8B-1). The 52-acre park was donated to the Town of Wawayanda to be preserved as a park and wildlife area. Recreation facilities include picnic facilities, a playground, two ball fields, and about one mile of paved roads used by joggers and walkers


(Town of Wawayanda, 2015). There will be no direct impacts on the park, as there will be no disturbance of existing park facilities from Project construction activities. Existing land cover between the park and the proposed Project consists of dense tree stands, which will effectively screen temporary disruption to public uses of the existing park facilities from the movement of equipment, and from the dust and noise of construction activity. Town of Wawayanda property will be crossed by the Project in three locations (described above). One of these parcels is contiguous with the Shannen Park parcel near MP 4.3. In coordination with the Town of Wawayanda, Millennium has rerouted the alignment in this location (MP 4.2 to MP 4.5) since the filing of the August 2015 draft ER to allow for future development of the site by the Town for municipal playing fields. There are no other lands owned or managed by state and local governments that will be crossed or within 0.25 mile of the Project. 8.4.4 Conservation Easements

Conservation easements are voluntary legal agreements between landowners and government agencies or qualified conservation organizations that restrict the type and amount of development that may take place on a property in the future. Easements can be donated or sold and land use restrictions are tailored to meet specific conservation goals in accordance with the needs of the landowner. The U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) offers easement programs to landowners who want to voluntarily maintain or enhance their land in a way beneficial to agriculture and/or the environment. Review of the NRCS easement data layer did not identify any NRCS easement properties, including Farm and Ranchland Protection Program, Grassland Reserve Program, or Wetland Reserve Program/Wetland Reserve Enhancement Partnership lands that will be crossed by or within 0.25 mile of the Project (NRCS, 2014). The Conservation Reserve Program (CRP) is a land conservation program administered by the Farm Service Agency (FSA), and is the country’s largest private-land conservation program. The FSA also administers the Conservation Reserve Enhancement Program (CREP), an offshoot of the CRP. Both programs seek to remove environmentally sensitive land from agricultural production, and to plant species that will improve water quality, prevent soil erosion, and reduce loss of wildlife habitat. The CRP program is directed towards landowners, while the CREP targets high-priority conservation issues identified by local, state, or tribal governments or non-governmental organizations (FSA, 2015). Millennium has sent letters to the NRCS requesting information on properties enrolled in NRCS conservation programs in the Project area. The disclosure of precise locations of enrolled acreage is protected under Section 1619 of the Farm Bill. For this reason, site visits with landowners and local FSA or NRCS agents will be necessary to fully assess affected properties. Site visits will verify whether the right-of-way crosses Agricultural Conservation Easement Program, Wetland Reserve Program, CRP or CREP acreage and will help define the site-specific effects that will result from the proposed Project, based on the type of affected land. As stated above, the FSA does not disclose the location of program lands (Green, 2015). Non-disclosure is due to exemptions from the Freedom of Information Act in the 2008 Farm Bill. No response has been


received to date from information requests sent to the USDA, NRCS. Millennium has coordinated with NYSDAM, including a site visit to the Project, and will continue to consult with NYSDAM regarding agricultural resources. Additionally, Millennium has not identified any CRP or CREP parcels through title research or landowner contact conducted to date. No conservation easements have been identified to date within 0.25 mile of the proposed Project. The Orange County Land Trust website was reviewed to identify protected lands in the county. The site includes easements and protected lands on private properties that are enrolled in local and state conservation easement programs that may not be part of the NRCS easement program. No preserves, conservation easements, or other protected lands were identified within 0.25 mile of the proposed Project (Orange County Land Trust, 2015). 8.4.5 Coastal Zone Management Areas and Inland Waterways

The New York Department of State serves as the lead agency for the New York Coastal Management Program. The New York State Coastal Zone Boundary Map was reviewed to the landward coastal boundary of the Hudson River. No Project facilities will be located within or near coastal zone management boundaries as defined for New York Coastal Management Program (NYDOS, 2015b). The New York Department of Development Designated Inland Waterways list was reviewed to identify waters in the Project area that are managed to preserve, enhance, and protect waterways under the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. None of the designated inland waterways will be crossed by or located within 0.25 mile of the Project (NYDOS, 2014). 8.4.6 Other Areas of Potential Concern

The Green Ridge Golf Club is a private facility located in close proximity to the north side of the proposed pipeline. The pipeline would be within 0.25 mile of the southeast boundary of the club between MPs 0.9 and 1.5 for a distance of 0.45 mile. At its closest point, the pipeline would be 0.03 mile (140 feet) south of the club boundary. The golf club is open year round, and provides 18 holes in a setting of rolling green hills. The existing, cleared abandoned railroad and electric transmission line rights-of-way are located between the golf club and the proposed Project. Existing trees along the club boundary provide a buffer between the golf club and the existing right-of-ways, and would also provide a buffer between the golf club and the proposed Project activities (Green Ridge Golf Club, 2015). The Project will be located within 0.25 mile of one roadway that is part of the New York State Bicycle Program, which includes an extensive network of on- and off-road bicycle facilities. Bicycle Route 17 is a signed, on-road bicycle route that extends 442 miles through the state, and crosses through the Town of Wawayanda on U.S. Route 6. The proposed pipeline will not cross Route 6 / Bicycle Route 17; however, the permanent access road (PAR-002) for the meter station and receiver is located off Route 6 in Wawayanda. Temporary impacts on the Bicycle Route may include the movement of construction equipment and materials, and the daily commuting of workers to and from the meter and pig receiver site during construction. Project-related construction traffic will typically occur during the early morning hours


and evening hours when construction workers commute to the construction work areas. Increases in traffic related to construction of the Project would be temporary and would not prohibit or limit use of the Bicycle Route (NYDOT, 2015). Additionally, Millennium and its contractors will adhere to safe driving practices along roadways. Construction of the meter station will be inside the ongoing construction area for the CPV Energy Center. Millennium will utilize CPV's existing construction traffic plan during construction of the meter station. The Ridgebury Cemetery is located 0.09 mile (458 feet) south of MP 5.5. A dense buffer of tree stands screens the cemetery from the pipeline right-of-way. There would be no Project-related disturbance of cemetery grounds, and no disturbance to activities at the cemetery from the construction and operation of the pipeline. 8.5 AESTHETIC RESOURCES

Aesthetic resources include visual or scenic resources. Potential adverse effects on visual resources occur from any noticeable change to the visual quality of a landscape setting, and more noticeable in sensitive areas such as recreation areas, natural areas, or parks. One of the primary concerns of pipeline crossings and the siting of aboveground facilities, is the alteration of the visual landscape through removal of existing vegetation and disturbance of soils. Construction also generates dust and noise, which could be an annoyance to recreational users, and could affect wildlife movement. However, these effects are temporary and occur only for the duration of construction activities in any one area. Long-term effects on visual resources from operation of the proposed pipeline and aboveground facilities include the permanent removal of trees in the operating rights-of-way and permanent alteration of vegetation patterns at the aboveground facility sites. Visual effects also can occur where vegetation removal occurs in designated scenic areas, sites, or corridors if proposed activities cannot be mitigated to meet the regulatory objectives of the associated management plans. The Federal Highway Administration America’s Byways program and the New York State Scenic Byways program were reviewed to identify any designated scenic sites, vistas, roads and corridors potentially affected by the Project. The Project will not be located in the viewshed of any designated scenic area, site, or road; and there would be no impact on these areas from the construction and operation of the Project. 8.5.1 Pipeline Facilities

In open areas, visual effects are typically short-term until restoration and revegetation of the construction work areas are completed. Long-term impacts occur in forested areas where reforestation of the temporary work areas will take years, and where the permanent right-of-way will be maintained clear of trees. These effects are typically most noticeable where the pipeline crosses roads or cuts through wood lots, or where vegetation is removed between the right-of-way and residences. The majority of the land that will be crossed by the pipeline is classified as agricultural and open land where the maintained pipeline right-of-way will not significantly alter the visual characteristics of the area following revegetation and reversion of the land to pre-construction cover types. Each paved roadway will


be crossed by HDD or bore, limiting direct impacts on these roadways to any adjacent workspaces where clearing may be required. To the extent possible, the pipeline has been routed around isolated woodlots. In areas where the pipeline is located in forested areas, the maintained right-of-way will be visible from certain viewpoints on roadways and at nearby residences. Shannen Park is located 0.07 mile (370 feet) from MP 4.3. Construction activities and the permanent cleared pipeline easement will be screened by existing tree stands from any viewpoint in the park. There would be no change to the visual quality of the existing characteristic landscape setting of the park. 8.5.2 Aboveground Facilities

8.5.2.1 Launcher

The launcher will be installed at MP 0.0, and will consist of a valve extending several feet aboveground and an aboveground pipe for the launcher. The pig launcher will be located partially within the permanent right-of-way for the pipeline and will be fenced. The site is screened by tree stands, and isolated from any public viewpoint, and is generally small and unobtrusive in the landscape. No significant effect to visual resources is anticipated from the construction and operation of the facility. 8.5.2.2 Meter Station and Receiver

The proposed new delivery meter station and pig receiver will be installed at the proposed CPV Valley Energy Center (MP 7.8). 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. 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 (SCADA). Voice communications and SCADA 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. The pig receiver will consist of a valve extending several feet aboveground and a barrel to catch the pig and allow for its removal from the line. The facilities will be small in scale relative to adjacent CPV Valley Energy Center facilities, and will generally be unobtrusive with no anticipated significant effect to visual resources, and no change to the visual quality of the industrial landscape of the approved energy center facilities.


8.6 REFERENCES

[BLM] – Bureau of Land Management. 2014. National Conservation Lands. Accessed online in July 2015 at: http://www.blm.gov/wo/st/en/prog/blm_special_areas/NLCS/monuments.html.

Brower, Matthew, J. 2015. Letter from Matthew Brower, NYSDAM, to John Zimmer, TRC, dated May 28, 2015.

[EDR] – Environmental Data Resources, Inc. 2015. Database Search for Hazardous Materials within 0.25 mile of Project.

[ESFPA] - Empire State Forest Products Association. 2015. Certified Private Timber Lands in New York. Accessed online in July, 2015 at http://www.esfpa.org/forest-certifications.aspx.

[FSA] – Farm Service Agency. 2015. Conservation Programs. Accessed online at: http://www.fsa.usda.gov/programs-and-services/conservation-programs/index

[FSW] - Forest Stewardship Council. Public Certificate Search. Accessed online in July 8, 2015 at http://info.fsc.org/certificate.php#result.

Green Ridge Golf Club. 2015. About Green Ridge Golf Club-Opening Hours. Accessed online in July, 2015 at http://www.greenridgegolfclub.com/.

Green, Victoria. 2015. Letter dated July 10, 2015 from Victoria Green, New York Farm Service Agency, to John Zimmer, TRC.

[NPS] – National Park Service. 2009. National Registry of Natural Landmarks. Accessed online on September 14, 2014 at http://www.nature.nps.gov/nnl/docs/NNLRegistry.pdf

NPS. 2015a. Find a Park. Accessed online in July 2015 at: http://www.nps.gov/findapark/index.htm

NPS. 2015b. National Natural Landmarks Program. Accessed online in July 2015 at http://www.nature.nps.gov/nnl/nation.cfm

NPS. 2015c. Urban Park and Recreation Recovery Program, Funded Cities Listed by State. Accessed online in July 2015 at: http://www.nps.gov/ncrc/programs/uprr/funded_city.html#ny

NPS. 2015d. Wild and Scenic Rivers System. Accessed online in July 2015 at http://www.rivers.gov/

[NRCS] – Natural Resources Conservation System, 2015. Agricultural Conservation Easement Program. Accessed online in July 2015: http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/easements/acep/

[NYSDAM] – New York State Department of Agriculture and Markets. 2011. Pipeline Right-of-Way Construction Projects, Agricultural Mitigation through the States of Project Planning, Construction/Restoration and Follow-Up Monitoring. Accessed online on July 16, 2015 at http://www.agriculture.ny.gov/ap/agservices/WEBAPConstrGuides.pdf.

NYSDAM. 2015. Agricultural Districts Farmer Benefits and Protection. Accessed online on June 23, 2015 at http://agriculture.ny.gov/AP/agservices/agdistricts.html.


[NYSDEC] – New York State Department of Environmental Conservation. 2015a. 480-a Forest Tax Law. Accessed online on October 25, 2015 at http://www.dec.ny.gov/lands/5236.html.

NYSDEC. 2015bWild, Scenic Rivers, and Recreational Permit Program. Accessed online on July 9, 2015 at http://www.dec.ny.gov/permits/32739.html.

NYSDEC. 2015c. State Lands Interactive Mapper. Accessed online in June 23, 2015 at http://www.dec.ny.gov/outdoor/45478.html.

[NYDOS] – New York Department of State. 2014. Waterfront Revitalization. Division of Planning. Accessed online on June 18, 2015 at http://www.dos.ny.gov/opd/programs/waterfront_revitalization.html#sass.

NYDOS. 2015. New York Coastal Boundary Map. Accessed online on July 9, 2015 at appext20.dos.ny.gov/coastal_map.aspx.

[NYDOT] – New York Department of Transportation. 2015. New York State and National Scenic Byways. Accessed online on July 15, 2015 at https://www.dot.ny.gov/display/programs/scenic-byways/maps.

New York Tree Farm Program. 2015. New York Tree Farm Program. Accessed online on July 8, 2015 at http://www.nytreefarm.org/.

Orange County Land Trust. 2015. Protected Lands of Orange County, NY. Accessed online on June 30, 2015 at http://www.oclt.org/wp-content/uploads/2013/05/OCLT-Preserves-Conservation-Easements.jpg.

Orange County Planning Department. 2010. Orange County Comprehensive Plan. Accessed online on June 17, 2015 at http://www.orangecountygov.com/content/124/1362/1460/12482.aspx

Orange County Planning Department. 2015. County Agricultural District Parcel Locations. Accessed online on June 23, 2015 at http://www.orangecountygov.com/content/124/1362/4632/4634/4639/default.aspx

Orange County Planning Department. 2012. 2012 Orange County Agricultural District Final Report. Accessed online on June 23, 2015 at http://www.orangecountygov.com/content/124/1362/4632/4634/11104/11537.aspx.

[SFI] – Sustainable Forestry Initiative. 2015. SFI Database. Accessed online on June 30, 2015 at http://64.34.105.23/PublicSearch/SearchSFIForests.aspx

Town of Wawayanda. 2015. Shannen Park. Accessed online on June 17, 2015 at http://townofwawayanda.com/index.php/community/shannenpark.html.

University of Montana, 2015. US National Wilderness Preservation System Map. Accessed online on July 13, 2015 at: http://www.wilderness.net/map.cfm

[USDA] – U.S. Department of Agriculture, 2014. List of certified USDA organic operations, New York. Accessed online on July 16, 2015 at http://apps.ams.usda.gov/nop/.


USDA. 2015. Grant Programs. Definition of Specialty Crops. Accessed online on July 31, 2015 at: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateJ&navID=WhatareSpecialtyCrops?&rightNav1=WhatareSpecialtyCrops?&topNav=&leftNav=CommodityAreas&page=SCBGPDefinitions&resultType=&acct=fvgrntprg.

[USFWS] – U.S. Fish and Wildlife Service. 2013. Land Areas of the National Forest System. Accessed online on July 16, 2015 at http://www.fs.fed.us/land/staff/lar/LAR2012/LAR_Book_FY2012_A4.pdf

[USGS] – U.S. Geological Survey. 2015. National Gap Analysis Program Protected Areas Data Portal. Accessed online on July 13, 2015 at http://gapanalysis.usgs.gov/PADUS/

Resource Report 8 8A-i Valley Lateral Project Land Use, Recreation, and Aesthetics

APPENDIX 8A

Supplemental Tables

TABLE 8A-1 Land Use Crossed by Milepost for the Valley Lateral .................................................. 8A-1 TABLE 8A-2 Land Use Acreage Affected by Construction and Operation of the Valley Lateral

Project ........................................................................................................................... 8A-5 TABLE 8A-3 Environmental Sites within 0.25 Mile of the Valley Lateral Project ............................ 8A-6

Resource Report 8 8A-1 Valley Lateral Project Land Use, Recreation, and Aesthetics

TABLE 8A-1 Land Use Crossed by Milepost for the Valley Lateral

Land Use Entry MP Exit MP Length (feet)

Agricultural Land 0.00 0.14 715

Wetland 0.14 0.14 11

Open Water 0.14 0.14 1

Agricultural Land 0.14 0.35 1,122

Wetland 0.35 0.36 29


Industrial/Commercial Land 0.43 0.44 31


Wetland 0.44 0.44 9


Wetland 0.51 0.51 12


Upland Forest 0.69 0.70 90



Open Land 0.82 0.84 142

Wetland 0.84 0.86 106

Open Land 0.86 0.98 612

Wetland 0.98 0.98 10

Open Land 0.98 1.01 162





Open Water 1.34 1.36 95




Wetland 1.49 1.50 74


Wetland 1.51 1.51 11

Open Land 1.51 1.54 137



Open Land 1.63 1.75 642


Open Water 1.77 1.78 42











Wetland 2.51 2.51 12


Open Water 2.64 2.65 73




Open Water 2.78 2.79 26




Open Land 3.00 3.03 149

Wetland 3.03 3.04 40

Open Land 3.04 3.11 366


Open Land 3.21 3.25 220


Open Land 3.42 3.49 374

Wetland 3.49 3.50 44

Open Land 3.50 3.53 156

Wetland 3.53 3.53 25

Open Land 3.53 3.54 37




Open Land 3.65 3.65 28


Wetland 3.71 3.71 22


Open Water 3.88 3.88 10






Open Water 4.05 4.06 19


Wetland 4.09 4.09 18


Wetland 4.09 4.13 201


Open Land 4.14 4.18 190








Wetland 4.59 4.61 101

Upland Forest 4.61 4.91 1,618





Wetland 5.30 5.32 94


Wetland 5.65 5.66 39






Wetland 6.64 6.64 15



Wetland 6.65 6.66 14




Wetland 7.03 7.04 33





Wetland 7.08 7.09 42






Wetland 7.57 7.58 60


Open Land 7.63 7.65 103


Open Land 7.66 7.69 133


Open Land 7.69 7.72 137

Wetland 7.72 7.74 94


Meter Station Piping

Industrial/Commercial Land N/A N/A 207

Wetland N/A N/A 126

Industrial/Commercial Land N/A N/A 201

Total 41,515

Resource Report 8 – Land Use, Recreation and Aesthetics 8A-5 November 2015

TABLE 8A-2 Land Use Acreage Affected by Construction and Operation of the Valley Lateral Project

Workspace Type/ Facility

Agriculturala Upland Forestb Open Landc Industrial/

Commerciald Wetlandse Open Waterf Residentialg Totalh

Co

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ion

i

Op

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ion

j

Co

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ruct

ion

Op

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ion

Co

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ruct

ion

Op

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ion

Co

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ruct

ion

Op

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ion

Co

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ruct

ion

Op

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ion

Co

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ion

Op

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Co

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Op

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Pipeline Right-of-Way 34.68 23.56 16.89 11.32 4.10 2.76 0.77 0.27 1.70 1.09 0.22 0.15 0.00 0.00 58.37 39.15 Additional Temporary Workspace

20.54 0.00 4.70 0.00 2.67 0.00 0.94 0.00 0.94 0.00 0.00 0.00 0.00 0.00 29.81 0.00

Aboveground Facilities

Launcher (MP 0.0) 0.17 0.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.17 0.17

Receiver (MP 7.8) 0.00 0.00 0.00 0.00 0.00 0.00 0.23 0.23 0.00 0.00 0.00 0.00 0.00 0.00 0.23 0.23

Meter Station Piping 0.00 0.00 0.00 0.00 0.00 0.00 0.43 0.43 0.15 0.15 0.00 0.00 0.00 0.00 0.58 0.58

Meter Station (MP 7.8) 0.00 0.00 0.00 0.00 0.00 0.00 0.23 0.23 0.00 0.00 0.00 0.00 0.00 0.00 0.23 0.23

Access Roads 6.07 1.72 1.08 0.00 0.62 0.00 1.65 1.12 0.00 0.00 0.00 0.00 0.13 0.00 9.56 2.84

Pipeyards 11.57 11.57 0.00 0.00 0.00 0.00 7.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19.07 11.57

Project Total: 73.04 37.02 22.67 11.32 7.39 2.76 11.76 2.27 2.79 1.24 0.23 0.15 0.13 0.00 118.01 54.76

Notes: *Sums may not equal addends due to rounding. a: Agricultural Land – active hayfields, cultivated land, and specialty crops. b: Upland forest – forested area, not including forested wetlands. c: Open Land – utility rights-of-way, open fields, vacant land, herbaceous and scrub-shrub uplands, and non-forested lands. d: Industrial/Commercial Land – manufacturing or industrial plants, paved areas, landfills, mines, quarries, electric power or natural gas utility facilities, developed areas,

roads, railroads and railroad yards, and commercial or retail facilities. e: Wetlands - Palustrine emergent (PEM), scrub-shrub (PSS), and forested (PFO) wetlands. f: Open Water –Streams visible on aerial photography but less than 100 feet in width. g: Residential Land – existing developed residential areas. This may include large developments, low, medium, and high-density residential neighborhoods,

urban/suburban residential, multi-family residences, ethnic villages, residentially zoned areas that have been developed, or short segments of the route at road crossings with homes near the route alignment.

h: Construction and operation acres excluding area between HDD entry and exit points which will be limited to hand clearing only for a maximum 10 foot wide footpath. i: Includes land to be used for construction, including any land that would be retained for operation of the new facilities. j: Includes only land acquired for operation of the pipeline (e.g., 50-foot permanent pipeline ROW). Includes land required for operation of the pig launcher and receiver,

meter station, and permanent access roads.


TABLE 8A-3 Environmental Sites within 0.25 Mile of the Valley Lateral Project

MP/ Figure

ID

Distance (feet) /

Direction from Project

Distance from Project (miles)

Site Name Site Address Databases Site Summary Regulatory

Status

Pipeline

MP 0.0/ ES-1

1014 / NE 0.19 Millennium– Westtown Measuring Station

917 Route 284, Westtown, NY

FINDS, RCRA-SQG, MANIFEST

No violations. No release reported.

N/A

MP 2.0 / ES-2

588 / NE 0.11 Country Store 51 County Route 22, Johnson, New York

UST

PBS Id. No. 3-601271 - Two 1,000-gallon Gasoline USTs removed 1/7/1999; No release reported.

Status listed as unregulated/closed

MP 2.1 / ES-3

356 / NE 0.07 Grand Prix Auto Body 6 County Route 22, Johnson, New York

EDR HIST GAS STATIONS

No release reported. N/A

MP 2.6 / ES-4

314 / S 0.06 NYSDOT BIN 1044500 Route 284 over Rutger’s Creek, Minisink, New York

RCRA-NLR, MANIFEST

RCRA Non-Gen; Historical generator, no violations reported. NY Manifest for lead waste, no releases or violations reported.

RCRA Non-gen/N/A

MP 5.6 / ES-5

345 / NW 0.07 Town of Wawayanda Ridgebury Hill Road, Slate Hill, New York

AST; UST; FINDS

Town of Wawayanda: PBS Id. No. 3-011684 - Listed as active facility, two gasoline USTs reported as closed. ASTs- active: one 6,000-gallon diesel; one 1,000-gallon gasoline; one 200-gallon motor oil; and one 500-gallon waste/used oil.

N/A

MP 5.6 / ES-6

474 / N 0.09 Robin Meadows SD Ridgebury Hill Road, Slate Hill, New York

SPDES SPDES Permit N/A



MP/ Figure

ID

Distance (feet) /




Status

MP 6.5 / ES-7

174 / NW 0.03 Tarvin 174 Seward Road, New Hampton, New York

SPILLS

#2 fuel oil release from AST 11/9/2007, Spill No. 0708677; less than 2 gallons. Spill closed on 11/19/2007.

Spill status closed.

MP 7.7 / ES-8

196 / NW 0.04 NYSDOT - Route 6/I-84 - BINS 1052480 and 1052490

Route 6, Slate Hill, New York

RCRA-LQG, MANIFEST

LQG - no violations N/A

MP 7.7 / ES-9

358 / WNW 0.07 NYSDOT 3235 Route 6, Middletown, New York

SPILLS

Spill No.0907069 - equipment failure- piping leak from gasoline UST reported 9/23/2009; cross-gradient of pipeline.

Status was not reported as closed; soil and groundwater investigation to be conducted as on 9/24/2009.

ES-11 1967 / NE Approx. 0.25

mile Martine’s Service Center, Inc.

3418 Route 6, Middletown, New York

SWF/LF

Active vehicle dismantling facility. Hydrogeologically cross-gradient orientation to Pipeyard. No violations, No releases reported.

N/A



MP/ Figure

ID

Distance (feet) /




Status

Pipeyard CY-1

ES-10 263 / NW 0.05 E. Tetz & Sons, Inc. and Slate Hill Sand & Gravel

3080 Route 6, Slate Hill, New York

AST; RCRA SQG; US MINES; MANIFEST

PBS FACILITY ID. 3-602164: One 1,000-gallon diesel AST, installed 4/2008, temporarily out of service; three 275-gallon lube oil ASTs, installed 1/1980, all listed as temporarily out of service; one 275-gallon used/waste oil AST, installed 1/1980, temporarily out of service. RCRA SQG: Listed as corrosive waste; no violations reported. US MINES: listed as Mongaup Valley Quarry, active, non-coal mining. Cross-gradient orientation to Pipeyard.

No releases reported from ASTs. US MINES database reported numerous violations between 2002 and 2014; all reported as "closed" status.

ES-12 519 / NNE 0.10 Route 6 Food, Inc. 3032 Route 6, Slate Hill, New York

UST; HIST US; NY SPILLS

PBS FACILITY ID. 3-466182: Active facility; 6 Two releases reported: 1/14/2010 - petroleum release due to equipment failure and closed 1/28/2011. 1/11/2010 - petroleum release discovered during removal of former USTs; closed on 1/28/2011. Down-gradient from Site.

Both releases reported as closed.

ES-13 509 / NW 0.10 Getty Gas 3028 Route 6, Slate Hill, New York

NY SPILLS

Gasoline spill of 5 gallons to pavement surface and storm drain reported on 3/25/2004; spill closed on 3/30/2004.

Release reported as closed.



MP/ Figure

ID

Distance (feet) /




Status

Pipeyard CY-1

MP 0.0/ ES-1

1014 / NE 0.19 Millennium– Westtown Measuring Station

917 Route 284, Westtown, NY

FINDS, RCRA-SQG, MANIFEST

No violations. No release reported.

N/A

Acronyms : 2020 COR ACTION – RCRA program that required a wide variety of sites to be or have been cleaned up; AST – Above-ground Storage Tank; EDR – Environmental Data Resources, Inc.; EDR US Historic Auto Stations - EDR exclusive Historical gas stations; ERNS – The Emergency Response Notification System records and stores information on releases of oil and hazardous substances; FINDS - Facility Index System; HWS – Hazardous Waste Facilities; LUST – Leaking Underground Storage Tank; LQG – Large Quantity Generator MP – Mile Post NA – Not Applicable NPDES/SPDES - National Pollutant Discharge Elimination System / State Pollutant Discharge Elimination System; NR - Not Reported; NPDES – Wastewater Facility Regulation Database; NY – New York RCRA - Resource Conservation and Recovery Act information system; RCRA NonGen - RCRA sites not generating hazardous waste; RCRA LQG - RCRA Large Quantity Generators (over 1,000 kilograms of hazardous waste, or over 1 kilogram of acutely hazardous waste per month); RCRA SQG - RCRA Small Quantity Generators (less than 100 kilograms of hazardous waste, or less than 1 kilogram of acutely hazardous waste per month); RCRA NonGen/NLR – RCRA database of sites, non-generators do not presently generate hazardous waste; RCRA TSDF - The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by RCRA; SHWS – State Hazardous Waste Facilities; SPILLS - Database containing records of spill incidents; SWF / LF – Solid Waste Facility / Landfill; SQG – Small Quantity Generator UST - Underground Storage Tank database containing registered Underground Storage Tanks; US MINES – Mines Master Index File.

Resource Report 8 8B-i November 2015 Land Use, Recreation and Aesthetics

APPENDIX 8B

Figures

FIGURE 8B-1 Public Lands in the Vicinity of the Valley Lateral Project

14 Gabriel DriveAugusta, ME 04330

Created: 11/10/2015 V:\P

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!.BinnewaterPark

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MP 4

MP 5

MP 2

MP 3

MP 1

MP 0

MP 6.5

MP 7.5

MP 5.5

MP 4.5

MP 2.5

MP 3.5

MP 6

MP 7

MP 0.5

MP 1.5

CPV ValleyEnergyCenter

K0 0.5 10.25

Miles

Legend

Milepost (0.5 mile)Proposed Valley LateralExisting Millennium PipelinePotential Access RoadPipeyardPublic Land

County BoundaryTown Boundary

Public Lands in the Vicinityof the Valley Lateral Project

Data sources: ESRI, TRC, Millennium Pipeline, and NY GIS

Figure 8B-1

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