Appendix 2D Agency Correspondence on Joint …...• The original March 17, 2009 comment letter from you with annotations indicating the comment number to be addressed below (Attachment

Appendix 2D

Agency Correspondence on Joint Wetlands Permit Application

U.S. ARMY CORPS OF ENGINEERS NEW YORK DISTRICT

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April 1, 2010 Mr. Brian Orzel US Army Corps of Engineers NY District ATTN: Regulatory Branch 26 Federal Plaza, Room 1937 New York, NY 10278-0090 RE: Responses to US Army Corps Comments

Permit Application No. NAN-2006-03396-WOR CPV Valley Energy Center, Wawayanda, New York Dear Mr. Orzel: Pursuant to your comments in a letter dated March 17, 2009 regarding the CPV Valley Energy Center’s Application for Permit for a US Army Corps of Engineers Individual Permit, we are hereby providing the following responses for your review and approval. Included with this letter are the following:

• The original March 17, 2009 comment letter from you with annotations indicating the comment number to be addressed below (Attachment A);

• Set of revised project plans dated April 1, 2010 by Alpine, incorporating the groundwater monitoring results from the site collected April 2009 to February 2010;

• Off-site Utility/Interconnect Plans dated April 1, 2010

• Revised Figure 4-1 – Ecological Communities Map and area table;

• Complete copy of Spring and Summer 2009 Ecological Field Survey Report, dated November 2009 (Attachment B).

Many of your comments covered a variety of items on the Project plans, which, due to the revisions and advancement of these plans for multiple permitting efforts over the past year, have changed Sheet reference numbers. Therefore, Table 1-1 below identifies the new plan Sheet numbers relative to the ones originally contained in the UPA Joint Filing, and references your specific comments. The remainder of the comments regarding Project details, figures, follow-up studies, correspondence and other data are each addressed in the following narrative.

Mr. Brian Orzel Page 2 of 10

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Table 1-1.

Summary of Project Plan Revisions based on ACOE Comments to Joint Application for Permit Original

Plan Sheet No.

Current Plan Sheet No. Comment/Revision Description Comments

SP-3

Sheets 3,4,6,7

1. Label each shaded wetland impact area, indicate square feet/acres

Sheets 3,4,6,7

2. Label all wetland impact areas, incl. temporary fills for laydown, parking, electrical Interconnection structures, above/belowground facilities

Sheets 3,5,8 3. Label tree removal/details

Sheets 6,7 4 .Provide drawing of off-site impacts of utility lines

See also narrative description, below

Sheet 5 5. Label Wetland Mitigation Area – location and size (acres)

Sheet 9 6. Provide details of Temporary Wetland Crossing/Access Road

Sheet 3 7. Label Temp. Laydown & Parking #3

SP-3/SP-5 Sheets 3,6,7 8. Clarify SP-3 Temporary Laydown & Parking #2 vs. SP-5 Sed. Pond & Subsoil Stockpile (i.e., are areas in wetlands?)

ES-9 X-Sect F-F, X-Sect G-G

Sheet 5 9. Add line showing existing water table; compare/revise station numbers on plan view vs. section drawings


ES-9 Wetland

Mitigation Plan

Sheet 5

10. Revise shape/location/ grading of Wetland Mitigation Area to achieve greater contact with existing wetlands


ES-9 X-Sect G-G Sheet 5

11. Revise/re-calculate Wetland Mitigation Area to account for stormwater discharge pipe bisection; Revise cross-section G-G to agree with plan view

ES-10 Sheet 5 12. Include Soil Profiles within proposed Wetland Mitigation Area


Narrative N/A 13. Provide more info. and Federally-listed species Indiana bat and bog turtle

See narrative description, below

Figure 4-1 Revised Figure 4-1

14. Revise Ecological Community mapping and re-calculate existing acreage, permanent and temporary impacts.



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The following narrative is provided to accompany the site plan revisions noted above and address specific comments in the March 17, 2009 review letter. Comments #1, 2 – Plan Labeling of Wetland Impact Areas Plans have been revised as requested – see Table 1-1 on page 2. The total permanent impacts to Federal Jurisdictional Wetlands, both on and off site, are noted by location on the attached plans. The total temporary impacts attributable to installation of the utility interconnects are called out on the attached plans, as well as the General Conditions governing restoration of disturbed areas. Comment # 3 – Non-Mechanized Tree Clearing Activities The electrical interconnect will extend from the Energy Facility’s electrical substation to the northeast toward Route 17M, and then north to the NYPA Marcy South overhead power line. Between the substation and Route 17M, the interconnect will consist of a double-circuited, overhead line on single poles (or dual poles if required by NYPA) within a 130 foot-wide cleared corridor. For construction of the electrical interconnect, approximately 0.92 acres of Red maple-hardwood swamp (consisting of both NYSDEC wetland and federal wetland) and will be converted to maintained, shrub swamp wetlands and/or shallow emergent marsh communities within a 130 foot wide permanent ROW. In addition, construction of the electrical interconnect (overhead lines and poles) will temporarily impact 1.93 acres within on-site wetlands due to construction vehicle access and installation disturbances. New utility pole installation will result in the filling of approximately 900 sq. ft of wetlands located within the proposed utility easement. The protection measures to be implemented by the Project for all wetland areas, including forested wetlands, to be crossed are outlined below:

• Where necessary to provide vehicular access through wetland areas, temporary access roads (i.e., timber mats or prefabricated “swamp mats” – defined below) will be installed for construction and removed following construction, in accordance with approved construction standards. Where feasible, low-impact equipment (i.e., high flotation tracked vehicles or vehicles equipped with flotation tires) may also be used as an alternative to the use of mats. Low-impact equipment with large tires or broad tracks spreads the weight of the equipment over a larger surface area to minimize rutting. When suitable conditions exist for the use of low-impact equipment, particularly if dry or frozen conditions prevail at the time of construction, the use of low-impact equipment could result in less disruption to the wetland system than the installation and subsequent removal of swamp mats. Low-impact equipment could also be used in conjunction with mats should it be required.

• Construction access through wetland areas will be restricted to identified access roads and work zones.

• Selective vegetation clearing techniques (i.e., hand cutting) shall be used within any Federal and DEC-regulated wetlands, or the surrounding 100-foot adjacent area. Vegetation would be cut at its base via the use of hand chain saws to allow for installation of mats to serve as an access work road. Required pole work areas would also be cleared via hand chain saws. A cable skidder would be used to remove the trees out across the mats.


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• The stumps of cut trees will be left within the wetland areas and will not be removed with equipment. Future maintenance of the ROW will include cutting of stump sprouts until the stump is no longer viable, or application of specialty, NYSDEC approved herbicides that are used throughout New York’s transmission line systems to prevent stumps from producing sprouts.

• Equipment or machinery shall not be washed in any wetland area and runoff resulting from washing operations shall not be permitted to directly enter any watercourses or wetland.

Swamp mats are standard industry equipment used for providing low-impact access for vehicles in wet areas or areas sensitive to ground disturbance. They are comprised of a series of thick wood planks that are bolted together (with or without some internal spacing) to form a solid surface for wheeled or tracked equipment to drive over. They are typically 14 or 16 feet long by 4 feet wide. Mats are laid side-by-side, typically length-wise, on the ground to form a continuous road through soft and/or wet terrain. The mats lay directly over herbaceous and shrub vegetation without permanently impacting the root structure or often even live stalks, which allow the vegetation to grow back once the mats are removed. Mats can also be laid over uneven ground and obstructions such as boulders and stumps by stacking and spanning over the obstruction. Therefore, no stumps are proposed for removal within wetland areas as part of the Project construction program. To the extent practicable, stumps will be cut flush to the ground to minimize disturbances to the use of mats or low-impact equipment. Installation of transmission poles will entail excavating the soil for pole footing bases, which consist of poured concrete footings. This construction method results in only a minimal square footage of wetland filling. Any excess excavated material resulting from structure installation in wetlands shall be stockpiled outside wetland areas. All excess material shall be disposed of in approved upland locations. Once the poles and electrical conductors are installed, swamp mats are removed and the emergent wetlands are allowed to revegetate and function normally. Hydrological conditions and habitat associated with the wetlands under the proposed transmission line are expected to remain virtually unchanged. As a result of the use of swamp mats and low-impact equipment to minimize temporary wetland disturbances, the necessity for wetland restoration along the transmission line route will be minimal. However, areas that have been disturbed around the electrical poles and within the construction access road will be restored to the previous grades with the existing topsoil, and to the vegetative cover conditions of the existing wetland. Comment #4 – Off-site Electrical/Water/Wastewater ROW Impacts Off-site activities and impacts associated with the electrical and water/wastewater interconnects are described below. The total temporary impacts attributable to installation of the utility interconnects is are called out on the attached plans, as well as the General Conditions governing restoration of disturbed areas.


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Electrical Interconnect As described in the Joint Application, the electrical interconnect will extend from the Energy Facility’s electrical substation to the northeast toward Route 17M via an overhead line, and then north to the NYPA Marcy South overhead power line (see Sheets 6 and 7). Between the substation and Route 17M, the interconnect will consist of a double-circuited, overhead line on single poles within a 130 foot-wide cleared corridor. As the interconnect reaches Route 17M at the eastern end of the site, it will be transitioned to a set of underground conduits within a trench, crossing beneath Carpenter Creek. See the attached Spring and Summer 2009 Ecological Field Survey Report (Attachment B) for a full discussion of stream crossing techniques to be utilized in that area. From the stream crossing, the interconnect will then continue north, parallel to Route 17M within an open-cut duct bank within the road shoulder. The line will cross Route 6 at its intersection with Route 17M via a jack-and-bore installation, and continue 500 feet to join the NYPA 345 kV lines via electrical interconnection equipment to be located on the south side of the NYPA Marcy South lines. The facilities associated with the Point of Interconnection (POI) to NYPA’s transmission line will be located on an existing vacant lot adjacent to a former auto dealership on the west side of Route 17M. The circuit will then connect to the Marcy South lines via a series of overhead lines, using riser poles at the edge of the NYPA ROW to make the transition. An estimated six riser poles will be used for the connector lines. The off-site portion of the electrical interconnect will impact man-made and prior-disturbed wetlands in two areas: a roadside swale along Route 17M and emergent/wet meadow wetlands within the Marcy South ROW. The portion of the underground duct bank going north from Route 6 and into the POI area will cross the roadside swale. The total area of all these temporary impacts is called out in a table on the attached plans. This area is an approximately 10 foot wide drainage swale along the shoulder of Route 17M that collects road runoff from Route 6 and Route 17M, and drains to a wet meadow within the Marcy South line ROW (where the second impact area occurs for the electrical interconnect). Following construction of the duct bank, the area will be restored to pre-existing conditions. The second wetland impact area occurs within the disturbed wetland area within the Marcy South line ROW. Here, the six riser poles used to connect the CPV Valley Energy Center’s electrical circuits to the NYPA lines will be placed at the toe of slope which marks the upper edge of the wetland that occurs beneath the Marcy South ROW. Since the wetland is maintained as a wet meadow through mowing, no vegetation changes will occur to the wetland. The six riser poles will each constitute 36 square feet of area within the wetland, for a total of 216 square feet of permanent wetland fill. Given the pre-existing disturbed conditions of the wetland area and the developed nature of the area including the NYPA ROW, an adjacent O&RU gas line, Route 17M, and the adjacent auto dealership, the impacts associated with the pole installation are insignificant. Water/Wastewater Lines As described in the Joint Application, the proposed non-potable (gray) water supply line and wastewater line (collectively, “W/WW lines”) will extend from the site to the Middletown Wastewater Treatment Plant (WWTP) along existing roadways, road shoulders, and the existing wastewater ROW north of Dolsontown Road. The W/WW lines will be installed in tandem for their entire length.


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Starting at the site’s Water Treatment Building the W/WW lines will be installed in an underground corridor alongside Route 6, extending east toward 17M. They will cross Carpenter Creek in a 100 foot directional bore that will not disturb the bed or the banks of the stream. For this segment, the W/WW lines will cross approximately 300 linear feet of federal wetlands that extend up to Route 6 within the on-site hayfields. These areas will be restored upon completion of the lines. Continuing east, as the site boundary that parallels Route 6 ends, the lines will shift into the Route 6 ROW itself. Here it will continue east to Route 17M within an open cut trench in or adjacent to the roadway. The W/WW lines will then cross Route 17M via jack-and-bore and shift north within the Route 17M road shoulder. The W/WW lines will then turn east along Dolsontown Road, crossing Monhegan Brook on the road bridge within an attached aboveground conduit. Just east of the bridge crossing, the W/WW lines will cross Dolsontown Road and extend north to the WWTP. This northern 1,310 foot (0.25 mile) segment of the line would share an existing force main sewer line corridor in an undeveloped area. As noted above, the total area of all these temporary impacts is called out in a table on the attached plans. Restoration of the disturbed areas will meet or exceed the requirements of NWP 12. Comments #5, 9, 10, 11 – Revisions and Details of Wetland Mitigation Area The proposed mitigation area has split into two adjacent areas, A and B, in order to accommodate the stormwater discharge pipe that extends from the stormwater basin (see Sheet 5). Mitigation Area A is 0.37 acres, with approximately 300 linear feet of contact with existing wetlands. Mitigation Area B is 0.87 acres, with approximately 200 linear feet of contact with existing wetlands. Additionally, the mitigation area has been re-graded to more closely conform to the groundwater profile established by over 12 months of groundwater monitoring in the proposed mitigation area. Comments #6, 7, 8, 9 – General Discussion of Stockpiling and Use of Laydown Areas in Wetlands The plans have been revised to remove the temporary stockpiles from the Jurisdictional Wetlands. Comment #12 – Soil Information for Wetland Mitigation Area The following soils information was collected within the area proposed for wetland mitigation. The locations of four soil pits are shown on Sheet 5 (Wetland Mitigation Area).

Soil Observation Pits Conducted at CPV Valley Energy Site – Wetland Mitigation Area 15 April, 2009

Soil Pit 1 Depth,

In. Horizon Munsell Color Redox Color Redox Abund. Texture, comments

0-6 Ap 2.5Y 4/2 Silty clay loam; Ag field 6-11 B1 2.5Y 5/2 10YR 3/4 c,d 30% Silty clay loam 11-16 B2 7.5YR 5/6 2.5Y 5/2 a,p 40% Silty clay loam 16-23 B3 2.5Y 5/1 Silt loam

23-28 Bt1 10YR 2/1 & 10YR 4/1 Clay loam – mixed, dark

poss. buried topsoil

28-45+ C 10YR 5/1 10YR 6/6 c,d 25% Clay loam, dense, water in hole @40”


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Soil Observation Pits Conducted at CPV Valley Energy Site – Wetland Mitigation Area 15 April, 2009

Soil Pit 2 Depth,


0-10 Ap 10YR 5/2 10YR 5/6 c,d 15% Silt loam; Ag field 10-19 Bg (or E) 10YR 5/1 Fine sandy loam 19-28 Bt 2.5Y 5/1 10YR 5/6 c,p 25% Clay loam 28-38 C1 2.5Y 6/1 10YR 5/6 c,p 20% Clay loam

38-45+ C2 10YR 3/4 Loamy sand; water breakout @ 42”

Soil Pit 3 Depth,


0-9 Ap 10YR 3/2 Silt loam; Fallow field

9-28 Bt1 2.5Y 6/1 10YR 5/8 a,p 40% Silt loam; redox depl. on ped faces; very dense

28-38 Bt2 10YR 5/3 10YR 5/1 a,p 30% Silty clay loam; redox on ped faces & ox. rhizo.; dense

38-48+ Cd 10YR 4/4 2.5Y 4/1 c,d Silty clay loam; very dense; no water in deep pit – 14’

Soil Pit 4 Depth,


0-10 Ap 10YR 3/1 Silty clay loam; Fallow field 10-14 Bt1 10YR 4/1 10YR 5/4 c,d 10% Loam; dense 14-32 Bt2 2.5Y 6/1 10YR 5/8 c,d 15% Silt loam

32-45+ C 2.5Y 4/1 2.5Y 4/4 50% Loamy fine sand; saturated; saturated @36”; standing water @43”

Method: Deep pits dug with backhoe. Weather: partly cloudy, 50’s As observed in the profiles, the soils in the vicinity of the wetland mitigation area, which have been in active crop production for many years, have a fairly high seasonal water table at about 6 to 10 inches below the surface, as indicated by redoximorphic features occurring immediately below the Ap (plow) horizon. The soils also have dense clay layer (Bt horizon) occurring between 9 and 23 inches below the soil surface. This clay layer and the underlying substratum (C horizon) serves as a restrictive layer that perches shallow groundwater throughout a significant portion of the year. In addition, CPV installed shallow monitoring wells at two central locations within the proposed wetland mitigation area in order to monitor shallow groundwater between April 2009 and February 2010. The locations of the monitoring wells are shown on Sheets 2 and 5, and the results of the measurements have been transferred to a cross-section plan (Sheet 5). The water table measurements for Well A/Mitigation Area B indicate that free-standing shallow groundwater was observed at a depth ranging from 0 inches below the soil surface (i.e., at the soil surface) in December 2009 to a maximum depth of 45.5 inches in October 2009. Summer time (June to August) depths to groundwater ranged from 7.5 inches to 27.5 inches below the soil surface. Measurements for Well B/Mitigation Area A indicated a similar range in water table levels. In addition, these levels do not account for the capillary fringe (water in soil pores) higher up in the soil column, especially in clay soils, which can create reduced conditions necessary for wetland


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development (i.e., hydric soils), and result in the development of redoximorphic features as observed. Based on these observations, the basins that will be excavated to create the wetland mitigation areas will sustain a high seasonal water table and shallow surface water conditions necessary for the development of shallow emergent marsh, scrub-shrub and forested wetland communities. Comment #13 – Additional Information on Federally Listed Species Ecological field surveys and observations were conducted for the Project in the spring and summer of 2009. These surveys included potential summer roosting habitat for Indiana bat and, potential habitat for bog turtle and turtle habitat complexes in general. A summary of the findings for each species evaluated is provided below. The results of these surveys, as well as several other topics evaluated as requested in the SEQR review process including vernal pools, stream habitat, plant species of (state) conservation concern, and wetland hydroperiod, are provided in the Ecological Survey Report, which is included as an attachment to this letter (Attachment B). Indiana Bat The survey of potential Indiana Bat roosting trees within the main forested area found a total of 18 trees of the requisite size and “structural” characteristics containing loose, peeling bark. Trees identified included several different species. Based on the forest acreage and the requisite tree count, the area contains at least 1 potential roosting tree per 2.5 acres. The construction of the electrical interconnect line will result in the loss of two trees identified as potential summer roosting habitat. The remainder of the potential roosting trees both to the north and south of the proposed line will not be impacted. Furthermore, the loss of these two trees still maintains a density of at least 1 roost tree per 2.5 acres. According to the U.S. Fish and Wildlife Service Draft Indiana Bat Revised Recovery Plan (FWS, 1999), the Indiana bat is fairly adaptable with regard to changes in roosts such as tree harvesting, and readily moves from one roost site to another within a season. As a result of this adaptability, as discussed in the Recovery Plan, the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) does not prohibit the clearing of trees, and the Service’s primary goal is not the protection of every tree. Where clearing is necessary within known summer roosting habitat within five miles of a hibernaculum, such clearing is recommended to occur between November 15 and March 31. Therefore, clearing of the Project’s electrical interconnect route and the two potential roosting trees does not result in an impact to the potential summer roosting habitat for Indiana bat available on the site. In addition, in order to further eliminate any potential impacts to existing or future roosting habitat, right-of-way corridor will be cleared between November 15 and March 31. Bog Turtle The surveys of appropriate habitat for the bog turtle found that while certain elements of ideal conditions may be present, the lack of a suitable combination of hydrology, soils, and vegetation indicate that the presence of appropriate onsite bog turtle habitat is highly unlikely. Bog turtles typically prefer habitat with cool, shallow, slow-moving water, deep soft muck soils, and tussock-forming herbaceous vegetation (NYSDEC, 2008). The onsite wetlands do provide


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some appropriate conditions including shallow, standing and/or flowing surface waters though they lack calcareous groundwater discharge in springs or seeps. The deep (6+ inches deep) soft, mucky soils preferred by bog turtles are generally lacking onsite. The soils with the highest muck content are located within forested wetlands in small wet pockets near the vernal pools. The forested wetlands do not provide appropriate habitat for bog turtles as they require good deal of solar penetration for basking and nesting (NYDEC, 2008). The shallow emergent marshes and wet meadows which provide the greatest onsite potential for suitable bog turtle habitat are typically vegetated with tall species such as purple loosestrife and goldenrod. This tall vegetation reduces solar penetration and degrades potential basking and nesting sites. Due to the lack of key habitat on the Project site, potential for the occurrence of bog turtle on the Project site is highly unlikely. With regard to other aquatic and terrestrial turtles, because Project construction will occur mostly within existing agricultural fields and not in preferred turtle habitats, the entire aquatic community, as well as large riparian and wetland buffer areas within key turtle habitats will be retained. Therefore, impacts to bog turtles are not anticipated, and impacts to other turtle habitats will be minimal. Comment #14 – Revised Ecological Communities Map (Figure 4-1) The revised Figure 4-1 is attached. The ecological communities associated with the site were categorized in accordance with Ecological Communities of New York State (Edinger et al, 2002). The Revised Table 2-1, below, presents the site’s ecological communities and their approximate areas on the site. Areas that were previously identified on the map as “Cropland/row crops” and “Cropland/field crops” (and which were also mapped and accounted for as Federal Jurisdictional Wetlands) have been changed to “Shallow emergent marsh.”

Revised Table 2-1 Ecological Communities of the CPV Valley Energy Center

Ecological Community Location on Site Original Mapped Area on Site, ac (a)

Revised Mapped Area on Site, ac(a)

A.2. Shallow emergent marsh Eastern end; fringe along I-84 31.35 44.67

A.3 Shrub swamp Northeastern part – fringe areas 10.40 10.40

C.2. Red maple-hardwood swamp Eastern-central part 26.48 26.48

VI. Terrestrial Communities

A.25 Successional old field Western end 5.62 5.62

C.17 Beech-maple mesic forest Central and western areas 8.94 8.94

C.27 Successional southern hardwoods Various site areas 6.84 6.84

D.1. Cropland/row crops Eastern part (Energy Center) 22.32 21.32

D.2. Cropland/field crops Northwestern part 28.27 15.86

D.13 Mowed roadside/path Along adjacent roads/highways 9.41 9.41

(a) Approximate acreage includes some immediately adjacent off-site areas such as Shrub swamp and the Mowed roadside along I-84, Rt. 17M and Rt. 6.


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With regard to any changes in wetland impacts resulting from revisions to the ecological communities mapping, only one wetland area that was previously mapped as Cropland/field crops (and not otherwise accounted for as Federal Jurisdictional Wetland) will be temporarily impacted as a result of Project construction. This is due to the placement of the W/WW pipelines along (perpendicular to) the Route 6 corridor. As described above and shown on Sheets 6 and 7, the pipelines will be installed in a trench adjacent to the Route 6 ROW. A portion of this ROW includes 300 linear feet of wetland hayfield that were previously determined to be Federal Jurisdictional Wetlands. Following installation of the W/WW lines, the wetland areas will be restored to previously existing conditions. We trust that the information provided above and attached information addresses your comments. If you have any additional questions, please contact me at (978)656-3615 or email me at [email protected], or contact Steve Remillard at (781) 817-8970 or [email protected]. Sincerely,

Colin P. Duncan, CPSS, PWS Senior Soil and Wetland Scientist Attachments cc: Steve Remillard, CPV Chris Hogan, NYSDEC Glenn Harkness, TRC

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Documents

Appendix 2D Agency Correspondence on Joint …...• The original March 17, 2009 comment letter from you with annotations indicating the comment number to be addressed below (Attachment