N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.22

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.22 - Exhibit 22: terrestrial ecology and wetlands

Exhibit 22 shall contain:

(a) An identification and description of the type of plant communities present on the facility site, the interconnections, and adjacent properties based upon field observations and data collection consistent with the nature of the site and access availability to adjacent properties.

(b) An analysis of the temporary and permanent impact of the construction and operation of the facility and the interconnections on the vegetation identified, including a mapped depiction of the vegetation areas showing the areas to be removed or disturbed, and including a plan to identify the presence of invasive species and to prevent the introduction and/or spread of invasive species.

(c) An identification and evaluation of reasonable avoidance measures or, where impacts are unavoidable, mitigation measures, including the use of alternative technologies, regarding vegetation impacts identified.

(d) A characterization of the facility site and any areas to be disturbed for interconnections as to the vegetation, wildlife (including mammals, birds, amphibians, terrestrial invertebrates, and reptiles) and wildlife habitats, that occur in, on, or in the vicinity, based on reconnaissance or multi- season surveys and data collection appropriate to the nature of the site, supplemented by available data from the New York Natural Heritage Program, New York State (NYS) Amphibian and Reptile Atlas Project, the NYS Breeding Bird Atlas and range maps, Breeding Bird Survey Routes, Christmas Bird Counts and other similar reference sources, including an identification and depiction of any Significant Coastal Fish and Wildlife Habitat Areas designated by DOS/DEC and any unusual habitats or significant natural communities that could support State or federally listed endangered or threatened species or species of special concern.

(e) A list of the species of mammals, birds, amphibians, terrestrial invertebrates, and reptiles reasonably likely to occur on, or in the vicinity of the facility site and areas to be disturbed for interconnections based on site observations and supplemented by publicly available sources.

(f) An analysis of the impact of the construction and operation, including air emissions if any, of the facility and interconnections on vegetation, wildlife, wildlife habitats, and wildlife travel corridors, including a detailed assessment of direct and indirect impacts and identification and evaluation of the expected environmental impacts of the facility on declining species, Species of Greatest Conservation Need (SGCN), and species protected by State and Federal law and the habitats of such species. Given the provisions of section 3-0301(2)(r) of the Environmental Conservation Law and section 15 of the Public Service Law, information that identifies the locations of habitats of such species or any other species or unique combination of species of flora or fauna where the destruction of such habitat or the removal of such species there from would impair their ability to survive, shall not be disclosed to the public, and shall only be disclosed to the parties to a proceeding pursuant to an appropriate protective order.

(g) An identification and evaluation of reasonable avoidance measures or, where impacts are unavoidable, mitigation measures, including the use of alternative technologies, regarding impacts to vegetation, wildlife and wildlife habitat.

(h) For proposed wind-powered facilities:

(1) an identification and evaluation of the expected environmental impacts of the facility on avian and bat species and the habitats that support them based on information gathered during pre-construction studies conducted at the proposed site and other nearby sites, analysis of known or predicted species and species migration corridors present on site, and including a description of the extent, methodology and results of all such pre-construction studies;

(2) an identification and description of a period of post-construction operations monitoring for potential direct and indirect impacts to avian and bat species and habitats, including a description of the extent, methodology and timing of such post-construction operations monitoring; and

(3) a plan to avoid or, where unavoidable, minimize and mitigate any such impacts during construction and operation of the facility based on existing information, the results of pre- and post-construction monitoring, and any known post-construction impacts that may occur.

(i) A map showing delineated boundaries based on on-site identification of all Federal, State and locally regulated wetlands present on the facility site and within 500 feet of areas to be disturbed by construction, including the interconnections; and predicted presence and extent of wetlands on the remainder of site properties and adjacent properties within 500 feet of areas to be disturbed by construction. For adjacent properties without accessibility, initial surveys may be based on remote-sensing data, interpretation of published wetlands and soils mapping and aerial photography.

(j) A description of the characteristics of all Federal, State and locally regulated wetlands delineated as above, including the Cowardin classification, and a description of the vegetation, soils, and hydrology data collected for each of wetland sites identified, based on actual on-site wetland observations.

(k) A qualitative and descriptive wetland functional assessment, including seasonal variations, for all wetlands delineated as above for groundwater recharge/discharge, floodflow alteration, fish and shellfish habitat, sediment/toxicant retention, nutrient removal, sediment/shoreline stabilization, wildlife habitat, recreation, uniqueness/heritage, visual quality/aesthetics, and protected species habitat.

(l) An analysis of all off-site wetlands that may be hydrologically or ecologically influenced by development of the facility site and the wetlands identified above, observed in the field where accessible to determine their general characteristics and relationship, if any, to wetlands delineated as above.

(m) An identification of all temporary and permanent impacts on the wetlands or their regulated adjacent areas.

(n) An identification and evaluation of reasonable avoidance measures or, where impacts are unavoidable mitigation measures to be employed regarding the wetlands and adjacent areas impacts, including the use of alternative technologies and control of potential phosphorus and nitrogen sources from the facility. Where appropriate, mitigation shall include plans for compensatory mitigation. Such plans shall contain sections on grading, planting, and monitoring for success.

(o) An identification of State and Federal endangered or threatened species on the facility site or that could be subject to impacts from facility construction, operation, or maintenance, including incidental takings, and an endangered or threatened species mitigation plan.

(p) An invasive species prevention and management plan indicating the presence of invasive species and measures that will be implemented to minimize the introduction of new invasive species and spread of existing invasive species during soil disturbance, vegetation management, transport of materials, and landscaping/revegetation.

(q) An analysis of the temporary and permanent impacts of the construction and operation of the facility and the interconnections on agricultural resources, including the acres of agricultural land temporarily impacted, the number of acres of agricultural land that will be permanently converted to nonagricultural use, and mitigation measures to minimize the impact to agricultural resources.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.22