Boundless Energy NE, LLC Proposed Leeds Path West AC

EE-004638-0001-03 B3906

Boundless Energy NE, LLC

Proposed Leeds Path West AC Transmission Project

New York Energy Highway Initiative

Response to December 16, 2014 New York State Public Service Commission Order

Case 13-T-0461 March 2, 2015

able of Contents T

Section Page

Part A Initial Application Materials ...... 1

Response to December 16, 2014 New York State Public Service

Commission Order ...... 1

1.0 Introduction ...... 1

2.0 Project Description ...... 4

3.0 Environmental Compatibility ...... 5 3.1. Wetlands and Water Resources ...... 5 3.1.1 Regulatory Background ...... 5 3.1.2 Existing Environment ...... 7 3.1.3 Environmental Impacts ...... 10 3.2 Topography, Geology and Soils ...... 14 3.2.1 Existing Environment ...... 14 3.2.2 Environmental Impacts ...... 17 3.3 Land Use ...... 19 3.3.1 Existing Environment ...... 19 3.3.1.1 Leeds to Athens to Pleasant Valley ...... 19 3.3.1.2 Leeds to Pleasant Valley ...... 20 3.3.1.3 CPV Valley Tap to Rock Tavern ...... 21 3.3.2 Applicable Regulations, Plans, and Policies ...... 22 3.3.2.1 Coastal Zone Management ...... 22 3.3.2.2 Local Land Use Plans and Zoning ...... 23

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Table of Contents (cont.)

Section Page

3.3.2.3 Management Plan ...... 23 3.3.2.4 Agricultural Districts ...... 23 3.3.2.5 Flood Zones ...... 26 3.3.2.6 Conservation Easements ...... 27 3.3.2.7 Environmental Impacts ...... 27 3.4. Wildlife and Aquatic Resources ...... 28 3.4.1 Wildlife Resources ...... 28 3.4.1.1 Existing Environment ...... 28 3.4.1.2 Aquatic Resources ...... 32 3.5 Threatened and Endangered Species ...... 32 3.5.1 Existing Environment ...... 32 3.5.1.1 Environmental Impacts ...... 39 3.5.2 Invasive Species ...... 40 3.5.2.1 Existing Environment ...... 40 3.6 Vegetation ...... 41 3.6.1 Existing Conditions ...... 41 3.6.1.1 Environmental Impacts ...... 42 3.6.1.2 Threatened and Endangered Species ...... 42 3.6.1.3 Protected Lands ...... 44 3.6.1.4 Invasive Species ...... 45 3.7 Cultural Resources ...... 48 3.7.1 Existing Environment ...... 48 3.7.2 Environmental Impacts ...... 50 3.8 Noise ...... 50 3.8.1 Existing Environment ...... 54 3.8.2 Environmental Impacts ...... 55 3.9 Visual Resources ...... 55 3.9.1 Existing Visual Resources ...... 55 3.9.2 Environmental Impacts ...... 57

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Table of Contents (cont.)

Section Page

3.9.3 Comparison to Other Proposed Transmission Projects ...... 58 3.10 EMF/Health Effects ...... 58 3.10.1 Existing Environment ...... 60 3.10.2 Environmental Impacts ...... 60 3.11 Socioeconomics ...... 61 3.11.1 Existing Environment ...... 61 3.11.2 Environmental Impacts ...... 62 3.12 Utilities, Infrastructure, and Communications ...... 64 3.12.1 Utilities and Infrastructure ...... 64 3.12.2 Communications ...... 65 3.13 Transportation ...... 70

4.0 References ...... 76

Exhibit 1 Municipal Zoning, Flood Zones, Coastal Zones, and

Streams ...... 1-1

Exhibit 2 Public Lands, Wetlands, Streams, and Energy

Infrastructure ...... 2-1

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ist of Tables

Table Page

Table 3-1 Number of NYSDEC Wetlands Crossed, by Section ...... 11

Table 3-2 Number of USFWS NWI Wetlands Crossed, by Section ...... 12

Table 3-3 Number of NYSDEC Protected Streams Crossed, by Section ...... 12

Table 3-4 Number of National Hydrography Dataset Streams Crossed, by Section ...... 13

Table 3-5 Selected Characteristics of Soil Map Units within Project ROW ...... 15

Table 3-6 Land Uses Crossed by the Leeds to Athens to Pleasant Valley Section ...... 20

Table 3-7 Municipalities Crossed by the Leeds to Pleasant Valley Section ...... 20

Table 3-8 Land Uses Crossed by the Leeds to Pleasant Valley Section ...... 21

Table 3-9 Municipalities Crossed by the CPV Valley Tap to Rock Tavern Section ...... 21

Table 3-10 Land Uses Crossed by the CPV Valley Tap to Rock Tavern Section ...... 22

Table 3-11 Approved Local Water Revitalization Programs within the Project Area ...... 22

Table 3-12 Sections of ROW within the Coastal Zone ...... 23

Table 3-13 Agricultural Districts Crossed by Sections of ROW ...... 23

Table 3-14 Length of ROW that Crosses Flood Zones, by Section and Type ...... 26

Table 3-15 Conservation Easements Crossed ...... 27

Table 3-16 Federally Listed Species, by County ...... 33

Table 3-17 Habitat Type by Route ...... 41

Table 3-18 State-listed Plant Species Potentially Occurring in the Proposed Project Corridor ...... Error! Bookmark not defined.

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List of Tables (cont.)

Table Page

Table 3-19 Significant Natural Communities ...... Error! Bookmark not defined.

Table 3-20 Significant Biodiversity Areas Crossed by the Proposed Project Route ...... 44

Table 3-21 Natural Heritage Communities Crossed By the Project ...... 45

Table 3-22 NYSDEC Invasive Plant Species List ...... 46

Table 3-23 National Register-Listed Features Identified within or adjacent to a 1- mile-wide Corridor Centered on the Centerline of the Proposed Project Route ...... 49

Table 3-24 Noise Levels of Common Sources ...... 51

Table 3-25 Selected Demographic and Economic Characteristics of Counties and Municipalities Crossed by the Proposed Project ...... 62

Table 3-26 Transmission Lines Crossed by the Proposed Project Route ...... 64

Table 3-27 Pipelines Crossed by the Proposed Project Route ...... 65

Table 3-28 Communication Towers Located within 1 Mile of the Proposed RouteError! Bookmark not defi

Table 3-29 Road Crossings ...... 70

Table 3-30 Airports and Heliports within 1 mile of the Proposed Transmission Lines ...... 72

Table 3-31 List of Railroad Crossings by Transmission Line Section...... 73

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Part A Initial Application Materials

Response to December 16, 2014 New York State Public Service Commission Order

1.0 Introduction

With today’s filings, New York’s innovative approach to finding the best solution to the long- standing problems of an aging electric grid in need of renovation to extend its life and bring it up to current icing standards, supplement currently insufficient electric transmission capability from northern and western New York to southeastern New York and reduce the regulatory gridlock produced by the threat of new power lines and towers moves into the final stages. It is appropriate then to consider the goals set by the State for this comparative review of proposed solutions. In this Introduction, Boundless Energy NE, LLC (“Boundless”) will identify the key goals announced by the State and how the Boundless proposal uniquely meets these goals.

In 2012, Governor Andrew Cuomo announced the goal of building an energy highway from northern and western New York to downstate New York to allow excess power generation upstate, and the tremendous potential for renewable energy generation upstate to reach downstate customers. The State, he announced, would seek proposals from private companies to finance and build the electric transmission infrastructure needed for the future. In 2014, Governor Cuo- mo made clear that his vision of an energy highway had to be responsive to the needs of local communities to preserve their residents’ quality of life. Further, the Governor undertook to ex- pedite projects that would be built entirely within existing transmission corridors (i.e., projects which do not result in higher or wider transmission corridors) or buried along existing State- owned rights of way.

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Boundless’ Leeds Path West project meets and surpasses these goals – and has met them from the outset of this comparative proceeding. Boundless does not propose to build entirely new transmission lines which will overshadow the communities through which the electric system passes. On the contrary, Boundless chose to use proven new technology, not used in New York previously, to get more capability out of the existing system and extend its useful life. Bound- less’ Leeds Path West project will increase transmission capability across the important UPNY – SENY interface by more than 1,200 MW. Boundless’ project will replace aging, out of date conductors with new technology conductors on the existing towers. Boundless will create a new intertie across the Hudson River, joining facilities west of the Hudson to existing bulk power facilities on the east side, all without creating a new overhead crossing of the Hudson. And, without extra expense, Boundless will eliminate a looming problem as New York faces a more challenging future climate reality, with the potential for the existing lines to collapse under ice build- up. Remarkably, Boundless’ project will do all of this and cost much less than the other projects.

The reasons for the Governor’s proposals have not disappeared. The operator of New York’s electric grid, the New York Independent System Operator (“NYISO”) has announced that “there are relatively large capacity surpluses in New York City and statewide.”1 As a result, generators’ revenues were insufficient to support investment in new, lower cost and more reliable generation facilities.

Yet, hundreds of millions of dollars of new charges to New York customers are now collected as a result of the New Capacity Zone (“NCZ”) which was instituted in May of 2014. The expecta- tion was that a short term increase in customer rates would enable developers to finance new generators which would enter the market, or entice the operators of old, shuttered, inefficient plants to restore them to service. The state’s overall generating capacity surplus raises the ques- tion, however, whether it is more cost-effective to try to stimulate additional generation capacity,

1 NYISO Market Monitoring Unit 2013 State of the Market Report, v (May 2014).

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or alternatively to increase transmission capacity which could allow the state’s existing generating capacity to be used in the most efficient manner.

If the economic theory underlying the institution of the NCZ does not prove successful in prac- tice, however, customers will simply have the burden of the extra charges without the benefit of an improved electric grid. The rehabilitated plants and new plants have little incentive to operate economically at reduced rates. Boundless believes that needless intervention in the market, such as by dividing the state into smaller capacity zones to encourage investment in generation which otherwise would not have been made, is inappropriate. Increased transmission will allow the existing excess upstate capacity now unable to get to market to flow throughout the state. It will encourage renewable upstate generation where it is most economically and environmentally acceptable. And, it will reduce the opportunity for market manipulation by generators. Perhaps most importantly, it will reduce the necessity for the NYISO to intervene in the markets (i.e., “mitigation” of prices) because of lower transmission congestion.2 Clearly, it will reduce the need for the recent changes in the NYISO’s tariffs that increase the ceiling price paid to generators to encourage them to be available.

In this filing, Boundless addresses the environmental compatibility of the elements of Boundless’ overall project which were added in the January 2015 filings. This review of environmental compatibility covers the same topics which Boundless’ earlier filings on October 1, 2013 and November 15, 2013 addressed, plus storm resiliency and climate change. Finally, this filing provides the same level of detail as the earlier Boundless filings so that they can be combined by reviewers. It completes a description of an overall plan that is highly responsive to the Gover- nor's original goals of improving the AC system, particularly by eliminating the major bottleneck that has prevented cheaper upstate energy from flowing freely south to the major load center downstate, and doing it in an almost benign fashion that has received public acceptance as the only proposal without any known public resistance.

2 Id. at vii.

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2.0 Project Description

Boundless proposes to: ■ Reconductor the existing 345 kV circuit from the CPV Valley Tap to the Rock Tavern Substation with composite conductor cable, for a distance of 14.7 miles.

■ Perform the long overdue reconductoring of the existing circuits from the Leeds Substa- tion to the Pleasant Valley Substation with composite conductors, and upgrade existing towers with additional cross elements as necessary to meet current icing standards. This upgrade is made possible by the North-South transfer capability added to the system by the original Leeds Path West Proposal which strengthens the circuits parallel to the back- bone Leeds – Pleasant Valley corridor.

■ Reconductor the existing circuit from Leeds Substation to Hurley Avenue Substation with composite conductor cable.

■ The Project would also include the installation of 40% series compensation equipment to the existing Leeds - Hurley Avenue and Hurley Avenue – Roseton 345 kV lines.

■ Construct two underground 345kV lines from the Roseton Substation to a modified East Fishkill Substation.

■ Modify East Fishkill substation to tap the existing Pleasant Valley to Wood B (F30) and Pleasant Valley to Wood C (F31) 345kV lines and provide the connections for the two new Roseton-Expanded East Fishkill 345kV lines. The bus configuration will be designed to avoid the loss of both of the two Roseton-Expanded East Fishkill 345kV lines for a stuck breaker contingency.

■ Modify the Roseton substation to provide the connections for the two new Roseton- modified East Fishkill 345kV lines. The bus configuration will be designed to avoid the loss of both of the two Roseton-modified East Fishkill 345kV lines for a stuck breaker contingency.

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■ A 0.5% series reactor facility (two series reactors) will be installed to increase the imped- ance of each of the New Scotland to Leeds circuits (two circuits) by 0.005 per unit.

This filing addresses the project elements which Boundless has presented in filings made on Jan- uary 7 and January 20, 2015 as “Project Revisions” and describes the compatibility of those additional elements with the surrounding environment. The remaining elements of the project were addressed in earlier filings on October 1, 2013 and November 15, 2013.

3.0 Environmental Compatibility

3.1. Wetlands and Water Resources

3.1.1 Regulatory Background

Wetlands The U.S. Army Corps of Engineers (USACE) regulates waters of the United States, including wetlands, under Section 404 of the Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.) and Sec- tions 9 and 10 of the Rivers and Harbors Act (33 U.S. Code [U.S.C.] Sections 401 and 403). The CWA defines wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are identified based on specific soil, hydrology, and vegetation criteria defined by the USACE (Environmental Laboratory 1987). USACE permits are required for the discharge of dredged or fill material into wetlands and other waters of the United States. Mitigation requirements under Section 404 of the CWA and USACE guidelines emphasize a policy of wetland avoidance, impact minimization, and compensation (i.e., restoration, creation, or enhancement) when impacts are unavoidable.

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In addition to federal regulations protecting wetlands, the policy of New York State, set forth in the Freshwater Wetlands Act (Article 24 and Title 23 of Article 71 of the New York State Envi- ronmental Conservation Law), is “… to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom …” (NYSDEC 1997). Under the Freshwater Wetlands Act, wetland boundaries are delineated based on vegetation (NYSDEC n.d.[b]). To be protected under the Freshwater Wetlands Act, a wetland must be 12.4 acres (5 hectares) or larger, or if smaller, must be considered of unusual local importance. In addition, a 100-foot buffer around every protected wetland is also regulated to provide protection for the wetland. A permit is required to conduct any regulated activity in a protected wetland or its buffer area. Permit standards require that impacts on wetlands be avoided or minimized. Compensatory mitigation is often required for significant impacts on wetlands and may include creating or restoring wetlands to replace the benefits lost by a proposed project (NYSDEC n.d.[b]).

Under the Freshwater Wetlands Act, NYSDEC is required to map all state regulated wetlands (NYSDEC n.d.[b]). In addition, regulated wetlands are ranked within one of four classes based on their benefits and values, with Class I being the highest class and Class IV being the lowest class. Higher class wetlands provide the greatest level of benefits (e.g., habitat for or occurrence of threatened and endangered species) and are, therefore, afforded a higher level of protection and have more stringent permit requirements than lower class wetlands (NYSDEC n.d.[b], n.d.[c]).

Water Resources Under Section 401 of the CWA, states have the authority to review and approve, condition, or deny all federal permits or licenses that might result in a discharge to waters of the state, including wetlands. Before an activity can be permitted or authorized, the state must issue a Section 401 Water Quality Certificate, certifying that the proposed activity will not violate water quality standards and that it complies with other appropriate requirements of New York State law (NYSDEC n.d.[a]).

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Under Section 402 of the CWA, storm water discharges from certain construction activities are unlawful unless they are authorized by a National Pollutant Discharge Elimination System (NPDES) permit or by a state permit program. The State of New York’s State Pollutant Dis- charge Elimination System (SPDES) is an NPDES-approved program with permits issued in accordance with the Environmental Conservation Law. Construction projects requiring more than 1 acre of land disturbance require a General Permit (GP) for Stormwater Discharges from Con- struction Activities (GP-0-10-001) to prevent the discharge of construction-related pollutants to surface waters (NYSDEC 2010).

Under Article 15 of the Environmental Conservation Law (Protection of Waters), NYSDEC has regulatory jurisdiction over any activity that disturbs the bed or banks of protected streams (NYSDEC n.d.[d]). In addition, small lakes and ponds with a surface area of 10 acres or less, located within the course of a stream, are considered to be part of a stream and are subject to regulation under the stream protection category of Article 15. “Protected stream” means any stream, or particular portion of a stream, that NYSDEC has assigned a classification of AA, A, or B, or with a classification of C with a standard of (t) or (ts) (6 NYCRR Part 701). A protection of waters permit is required for disturbance, either temporary or permanent, of the bed or banks of a stream with a classification of AA, A, or B, or with a classification of C with a standard of (t) or (ts) (NYS DEC n.d.[e]).

3.1.2 Existing Environment Wetlands The presence of potential USACE and New York State jurisdictional wetlands was evaluated based on a review of existing information from the USFWS National Wetlands Inventory (NWI) and NYSDEC Article 24 Freshwater Wetlands Maps. The NWI identifies potential wetland areas based on the interpretation of remotely-sensed imagery with limited field verification; the NWI does not identify jurisdictional wetland boundaries. The findings of this review are discussed below.

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For the complete Article VII application, the following additional measures would be taken.

To identify the occurrence of potential wetlands within the proposed project area, Boundless would first conduct a desktop review of publicly available sources, including the following:

■ U.S. Geologic Survey (USGS) 7.5-Minute Series topographic map quadrangles (Cemen- ton, Clintondale, Hopewell Junction, Hudson North, Kingston West, Leeds, Newburgh, Rosendale, Saugerties, Wappingers Falls, and Woodstock) (USGS 1996)

■ Current aerial imagery

■ NYSDEC Article 24 Freshwater Wetland Maps (NYSDEC 2002)

■ U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) (USFWS 2011)

■ USGS National Land Cover Data (Fry et al. 2011)

■ USDA Soil Survey Geographic (SSURGO) Database (U.S. Department of Agriculture, Natural Resources Conservation Service [USDA NRCS] 2009)

■ USDA NRCS WETS Table data (USDA NRCS 1995)

In addition to the data sources listed above for wetlands, the following would be reviewed to identify the occurrence of surfaces waters in the vicinity of the proposed project:

■ USGS National Hydrography Dataset (NHD)

Potential impacts on wetlands and waterbodies would be evaluated based on the construction techniques proposed for each segment of the project. For portions of the project where impacts on wetlands or waterbodies would likely to occur, field surveys would be conducted to further

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evaluate environmental impacts and determine permitting requirements. The field surveys would:

■ Delineate wetland boundaries and characterize wetland functions and values,

■ Characterize all waterbodies and watercourses that occur within the survey corridor, and

■ Classify the vegetation cover types into distinctive upland, wetland, and aquatic ecological communities.

Field delineations would be conducted using established procedures described in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987), the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: North-central and Northeast Region (Version 2.0) (USACE 2012), and the New York State Freshwater Wetlands Delineation Manual (Browne et al. 1995).

Water Resources A preliminary review of NYSDEC stream classifications indicates that a total of 60 classified streams would be crossed by the proposed project; NHD indicates that a total of 82 streams would be crossed, many of which are likely included in the NYSDEC data. According to the NYSDEC stream classification data, 24 protected streams (i.e., streams with a classification of A, B, B(t), B(ts), C(t), or C(ts)) would be crossed by the proposed project. The findings of this review are discussed below.

For the complete Article VII application, the following additional measures would be taken.

NYSDEC stream classification data would be reviewed to determine the presence of streams protected by New York State under Article 15 of the Environmental Conservation Law. In addi-

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tion, State 303(d) and 305(b) databases would be reviewed to determine the water quality of waterbodies in the project area.

Potential impacts on streams would be evaluated based on the construction techniques proposed for each segment of the project. For portions of the project where impacts on streams are likely to occur, field surveys would be conducted to further evaluate environmental impacts and determine permitting requirements. The field surveys would characterize all streams that occur within the survey corridor.

3.1.3 Environmental Impacts After completion of the project, any wetlands present are expected to remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to wetlands and/or waterbodies would be expected to occur as a result of construction and operation of the project.

Wetlands A preliminary review of the NYSDEC Article 24 Freshwater Wetland Maps indicated that a total of 18 mapped wetlands would be crossed by the proposed transmission line, and five Class 1 wetlands would be crossed by the proposed route (see Table 3-1). Potential impacts on Class 1 wetlands, by project section, are described below.

Leeds to Athens to Pleasant Valley One Class 1 wetland is crossed by the Leeds to Athens section of the proposed project. Because this segment is proposed for reconductoring on existing structures, impacts on this wetland would not be expected. No other wetlands are crossed by this section of the proposed project.

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Leeds to Pleasant Valley Three Class 1 wetlands are crossed by the Leeds to Pleasant Valley section of the proposed project; however, because this section is proposed for reconductoring on existing structures, impacts on this wetland would not be expected.

CPV Valley Tap to Rock Tavern One Class 1 wetland is crossed by the CPV Valley Tap to Rock Tavern section of the proposed project; however, because this section is proposed for reconductoring on existing structures, impacts on this wetland would not be expected.

Table 3-1 Number of NYSDEC Wetlands Crossed, by Section Leeds to Athens to Leeds to Wetland Pleasant Pleasant CPV Valley Tap Class Valley Valley to Rock Tavern Total 1 1 3 1 5 2 0 9 2 11 3 0 0 2 2 4 0 0 0 0 Total 1 12 5 18

In addition to the NYSDEC Class 1 wetlands described above, 11 Class 2 wetlands are crossed by the proposed project route (see Table 3-1). Additionally, based on the USFWS NWI, 73 wetlands are crossed by the proposed project route, 36 of which are forest/shrub wetlands (see Table 3-2). Potential impacts on these wetlands would not be expected to occur, either directly or indi- rectly, during project construction, as the proposed project would be completed using existing structures and aerial reconductoring. Once project designs are finalized, impacts on these wetlands would be further evaluated, and field surveys would be conducted to determine the jurisdictional boundaries of the wetlands.

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Table 3-2 Number of USFWS NWI Wetlands Crossed, by Section CPV Leeds to Valley Athens to Leeds to Tap to Pleasant Pleasant Rock Wetland Type Valley Valley Tavern Total Freshwater Emer- 14 10 1 25 gent Freshwater Forest- 28 8 0 36 ed/Shrub Freshwater Pond or 5 3 0 8 Lake Riverine 0 2 2 4 Total 1 49 23 73

In general, impacts to wetlands would be completely avoided, as the proposed Project would be reconductoring, utilizing all existing structures, thus no ground disturbance would be anticipated. Furthermore, construction of new facilities/structures would not be necessary.

Water Resources Potential impacts on protected streams are described below, by section (see Tables 3-3 and 3-4).

Table 3-3 Number of NYSDEC Protected Streams Crossed, by Section Leeds to Stream Athens to Leeds to Classification Pleasant Pleasant CPV Valley Tap (Standard) Valley Valley to Rock Tavern Total AA 0 0 0 0 A 0 3 0 3 B 0 6 1 7 B(t) 0 0 0 0 B(ts) 0 0 0 0 C 0 14 22 36 C(t) 0 11 1 12 C(ts) 0 2 0 2 Total 0 36 24 60

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Table 3-4 Number of National Hydrography Dataset Streams Crossed, by Section CPV Leeds to Valley Athens to Leeds to Tap to Stream Pleasant Pleasant Rock Type Valley Valley Tavern Total Artificial 3 0 19 22 Path Connector 0 5 0 5 Intermittent 0 15 0 15 Perennial 1 23 16 40 Total 1 62 19 82

Leeds to Athens to Pleasant Valley No NYSDEC-protected streams are crossed by the Leeds to Athens to Pleasant Valley section of the proposed project.

Leeds to Pleasant Valley Thirty-six NYSDEC-protected streams are crossed by the Leeds to Pleasant Valley section of the proposed project. Of the protected streams, three are Class A, six are Class B, 14 are Class C, 11 are Class C(t), and two are Class C(ts). All stream crossings in this section would be overhead using existing structures. Because the proposed transmission line would be installed overhead, impacts would not be expected from line installation.

CPV Valley Tap to Rock Tavern Twenty-four NYSDEC-protected streams are crossed by the CPV Valley Tap to Rock Tavern section of the proposed project. Of the protected streams, one is Class B, 22 are Class C, and one is Class C(t). All stream crossings in this section would be overhead using existing structures. Because the proposed transmission line would be installed overhead, impacts would not be expected from line installation.

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In general, permanent impacts on streams would be avoided, as no ground disturbance would be anticipated to occur.

Where possible, transmission line structures would be placed a minimum of 100 feet from streams, rivers, and other bodies of water to facilitate the preservation or establishment of vegetative buffer strips.

Once project designs are finalized, impacts on streams would be further evaluated, and field surveys would be conducted to determine their jurisdictional boundaries. All required federal and state permits would be obtained prior to the commencement of construction. Any stipulations in those permits would be implemented as required.

3.2 Topography, Geology and Soils

3.2.1 Existing Environment Topography The Leeds to Athens to Pleasant Valley and Leeds to Pleasant Valley sections are located in the Hudson Valley section of the Valley and Ridge Province of the Appalachian Highlands. The CPV Valley Tap to Rock Tavern section is located in the Middle section of the Valley and Ridge Province of the Appalachian Highlands (USGS 2015).

The topography of the Project area is a factor in assessing relative risk of soil erosion resulting from construction activities, the potential for difficulty in revegetating disturbed areas, the need for special construction techniques or equipment, and determining the most appropriate erosion and sediment control BMPs. Generally, steep slopes increase the difficulty and cost of construction and present greater risks for soil erosion and runoff management.

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Much of the proposed project route crosses rural landscapes that are rolling, but nearly one-third of the Leeds to Pleasant Valley section have hilly terrain with steep slopes. The elevation of the proposed transmission lines and other facilities ranges from near sea level near the Hudson River to nearly 600 feet above mean sea level in northern Dutchess County. Most of the steepest slopes are in Dutchess county in the Leeds to Pleasant Valley section. According to USDA NRCS soils data, approximately 32% of all soil map units in the Leeds to Pleasant Valley section have areas where slopes exceed 15% (15 feet vertical elevation for 100 feet horizontal) (see Ta- ble 3-5).

Table 3-5 Selected Characteristics of Soil Map Units within Project ROW Slopes Bedrock at Severe Prime and Exceeding less than 36 Erosion Important 15% Inches Hazard Farmland Soils Section Miles % Miles % Miles % Miles % Leeds to Athens to Pleasant 0.06 13 0.36 78 0.06 13 0.36 78 Valley Leeds to Pleasant Valley 12.68 32 22.12 56 16.45 42 17.60 45 CPV Valley Tap to Rock 0.81 6 13.79 94 0.51 3.5 11.59 79 Tavern Total Miles 13.55 -- 36.27 -- 17.02 -- 29.55 -- Percent of Total Length of 25 -- 67 -- 31 -- 54 -- the Project Source: USDA NRCS 2015

Geology The geology of the Project area and the need to accommodate mining operations have the potential to affect the design of structures required to reduce the risk of geologic hazards. The bedrock in areas near the Hudson River and underlying the project sections is typically sedimentary rock including shale, graywacke, and siltstone deposited primarily during the Odovi- cian period. A portion of the Leeds to Pleasant Valley section in Columbia County is underlain by Quaternary glacial and alluvial deposits that overly unknown bedrock. The bedrock in this area is likely of similar sedimentary type to that of surrounding areas (USGS 2015 and NRCS 1979, 1981, 1988, 1992, 1993, 2001).

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In all areas where new transmission lines would be constructed, the Applicant would conduct a review to identify the presence of mineral extraction operations (gravel pits, oil and gas wells) and other geological resources that would require accommodation in the design or construction processes. All three sections of the Project area are relatively seismically inactive and have a low probability of earthquake hazard. According to the USGS, the peak ground acceleration as a percent of gravity (%g) with 2% probability of exceedance in 50 years is between 8% and 10% for the Leeds to Athens to Pleasant Valley section and most of the Leeds to Pleasant Valley section. The peak ground acceleration as a percent of gravity (%g) with 2% probability of exceedance in 50 years is between 10% and 14% for the southernmost 10% (estimated) portion of the Leeds to Pleasant Valley section and the CPV Valley Tap to Rock Tavern section (USGS 2014).

Soils The soils of most of the project area are of glacial origin, either glacial till or outwash. Glacial till soils tend to have silt loam or silty clay loam textures, with rocks comprising varying but frequently substantial proportions of the surface horizons. Glacial outwash soils were formed in the sands and gravels deposited by meltwater streams as they ran off from glaciers. Soils at lower elevations nearest the Hudson River are mostly of alluvial origin.

Soil properties such as depth, texture (the relative proportions of sand, silt, and clay particles), presence of impermeable layers, and drainage class have great influence on the potential uses and the management methods best suited to protect the soil resource and provide land managers with the desired functions. Soil type determines the types of vegetation that grow best in a specific area; susceptibility to erosion; ease of re-establishing vegetation after disturbance; and construction methods needed to overcome any limitations those soil properties may impose.

Approximately 31% of the soils of the Project’s ROW have a severe erosion potential when exposed to activities such as road building (see Table 3-5). Shallow soils with bedrock close to the soil surface have severe limitations with respect to structures requiring deep foundations or for

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providing cover over vulnerable infrastructure, such as transmission lines. Approximately 67% of the soils within the Project ROW have bedrock shallower than 36 inches (see Table 3-5). Soils that are particularly well suited to growing agricultural crops are designated by the USDA NRCS as prime farmland, farmland of statewide importance, or unique farmland. Such soils have qualities such as physical and chemical properties, moisture-holding capacity, depth, and growing season that allow the land to be economically suitable for farming. These designations are not a function of whether or not a given soil is actively used for farming. Approximately 54% of the soils within the Project’s ROW are considered prime farmland or farmland of statewide importance (see Table 3-5).

The applicant would identify each of the soil types over which transmission lines would be built, with particular attention paid to areas where construction of new transmission lines, towers or poles, and substations or switching facilities would take place.

3.2.2 Environmental Impacts Topography The Applicant would identify all areas of the Project where steep slopes are present. Erosion and sediment control plans and restoration plans would be developed to protect soils from excessive erosion and to properly grade and revegetate areas disturbed during construction. After completion of the project, resources present are expected to remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to topography would be expected as a result of operation of the project.

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Geology Approximately 67% of the overall project (and 94% of the CPV Valley Tap to Rock Tavern section) contain bedrock within 36 inches of the surface. However this is not expected to impact construction. The Applicant would take steps to identify all geologic features that may present limitations to the Project and to adjust the locations of the lines and other facilities or to otherwise accommodate such limitations in the design process. The Project design and construction methods would comply with all applicable standards to address the risk of seismic activity appropriate to each area of the Project. Constructing the project using designs to overcome potential limitations from geologic features would minimize any operational impacts on geologic resources and geologic impacts on the Project. After completion of the project, geologic resources present are expected to remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to geology would be expected as a result of operation of the project.

Soils Construction related impacts to soils would be localized to small area related to the directional drill activities but would be short-term and would institute the preparation of appropriate site plans and permits and erosion and sediment control measures in the temporary staging locations to avoid construction related impacts to soils. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Val- ley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to soils would be expected as a result of operation of the project.

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3.3 Land Use

3.3.1 Existing Environment All sections of the proposed project are within the Hudson River Valley National Heritage Area. This National Heritage Area was established by federal statute in 1996 (the Hudson River Valley National Heritage Act of 1996) to recognize the importance of the history and the resources of the Hudson River Valley to the nation. The National Heritage Area comprises the counties of Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess, Orange, Putnam, Westchester, and Rockland, and the village of Waterford in Saratoga County. The total area is over 4 million acres and includes five National Historic Sites, 57 National Historic Landmarks, 89 historic districts, and over 1,000 sites listed on the National Register of Historic Places.

The proposed project crosses four of the counties in the Hudson River Valley National Heritage Area and 14 municipalities. The counties and municipalities and types of land uses crossed by the proposed project are described below.

3.3.1.1 Leeds to Athens to Pleasant Valley The Leeds to Athens to Pleasant Valley section is located solely in the township of Athens, Greene County, with a total length of 0.46 miles. Within this section, the proposed project would occur within existing ROW. Existing H-frame towers would not be replaced. The existing line would be reconductored with minimal or no modifications to existing tower structures.

Land uses crossed by the Leeds to Athens to Pleasant Valley section of the proposed project are identified in Table 3-6.

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Table 3-6 Land Uses Crossed by the Leeds to Athens to Pleasant Valley Section Land Use Miles Developed 0.05 Agricultural 0.28 Forested 0.11 Wetlands 0.03 Total 0.46 Total length calculated from analysis of GIS data sources. Calculation may vary from sum of total in table due to rounding.

3.3.1.2 Leeds to Pleasant Valley The Leeds to Pleasant Valley section crosses Greene, Columbia and Dutchess counties for a total of 39.39 miles (see Table 3-7). Within this section, the only physical alterations would be reconductoring of existing circuits.

Table 3-7 Municipalities Crossed by the Leeds to Pleasant Valley Section County/Municipality Miles Greene County 1.97 Athens 1.97 Columbia County 14.78 Greenport 4.12 Livingston 9.05 Clermont 1.61 Dutchess County 22.64 Milan 9.02 Clinton 7.74 Hyde Park 2.07 Pleasant Valley 3.81 Total 39.39

Land uses crossed by the Leeds to Pleasant Valley section of the proposed project are identified in Table 3-8.

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Table 3-8 Land Uses Crossed by the Leeds to Pleasant Valley Section Land Use Miles Developed 1.71 Agricultural 12.47 Open Space 7.38 Forested 13.81 Open Water 0.47 Wetlands 3.56 Total 39.39 Total length calculated from analysis of GIS data sources. Calculation may vary from sum of total in table due to rounding.

3.3.1.3 CPV Valley Tap to Rock Tavern The CPV Valley Tap to Rock Tavern section crosses Orange County for a total of 14.62 miles (see Table 3-9). Within this section, Reconductoring of existing circuits would take place.

Table 3-9 Municipalities Crossed by the CPV Valley Tap to Rock Tavern Section County/Municipality Miles Orange County 14.62 Middletown 0.39 Wawayanda 3.15 Goshen 1.53 Wallkill 0.94 Hamptonburgh 8.42 New Windsor 0.19 Total 14.62

Land uses crossed by the CPV Valley Tap to Rock Tavern section of the proposed project are identified in Table 3-10.

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Table 3-10 Land Uses Crossed by the CPV Valley Tap to Rock Tavern Section Land Use Miles Developed 1.24 Agricultural 5.14 Open Space 1.12 Forested 4.14 Wetlands 2.98 Total 14.62

3.3.2 Applicable Regulations, Plans, and Policies

3.3.2.1 Coastal Zone Management All activities involving a state permit, funding, or other action must be conducted in a manner consistent with the 44 coastal policies of the New York State Coastal Zone Management Pro- gram. The Department of State is responsible for administering the review process amongst the state regulatory and management authorities. Local waterfront revitalization programs that have been approved by the Department of State are also considered part of the state’s Coastal Zone Management Program, and proposed projects must be consistent with these programs as well. The coastal boundary of the state’s Coastal Zone Management Program includes land generally within 1,000 feet of the Hudson River, but within up to 10,000 feet of the shoreline in places that are considered to have significant scenic, recreational, or agricultural value. In addition, 1 municipality within the project area has an approved local waterfront revitalization program (see Table 3-11).

Table 3-11 Approved Local Water Revitalization Programs within the Project Area Leeds to Pleasant Valley Village of Athens Local Waterfront Revitalization Program (approved Athens September 20, 2001)

Portions of the ROW that cross the coastal zone are identified in Table 3-12.

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Table 3-12 Sections of ROW within the Coastal Zone Beginning MP Ending MP Total Miles Leeds to Pleasant Valley Greene County 1.41 3.26 1.85 Section Total 1.85

3.3.2.2 Local Land Use Plans and Zoning Counties and municipalities guide land development using comprehensive land use plans and zoning ordinances. Local land use plans and zoning ordinances for the communities traversed by the proposed project would need to be obtained and reviewed.

3.3.2.3 Management Plan The Hudson River National Heritage Area is managed according to the Hudson River National Heritage Area Management Plan. This plan would be considered during construction of the proposed project.

3.3.2.4 Agricultural Districts Agricultural districts in New York State are designated under the Agricultural Districts Law, which serves to preserve active farmland through incentives to landowners to keep farmland in production and to protect farmland from conversion to non-agricultural uses. Non-agricultural uses within an agricultural district must be evaluated to determine the potential impact on agricultural uses and resources.

Agricultural Districts that are crossed by portions of the ROW are identified in Table 3-13.

Table 3-13 Agricultural Districts Crossed by Sections of ROW County Agricultural District Beginning MP Ending MP Total Miles Leeds to Pleasant Valley Greene 124 0.6570 0.6587 0.0017 Greene 124 0.6656 0.7301 0.0645

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Table 3-13 Agricultural Districts Crossed by Sections of ROW County Agricultural District Beginning MP Ending MP Total Miles Greene 124 0.7407 0.9260 0.1853 Greene 124 1.0865 1.1377 0.0512 Columbia 7 4.0418 4.2364 0.1946 Columbia 7 4.3817 4.4957 0.1140 Columbia 7 4.6802 5.4475 0.7673 Columbia 7 5.4593 5.4888 0.0295 Columbia 7 5.7478 6.0869 0.3391 Columbia 4 6.0934 6.1541 0.0607 Columbia 4 6.2178 9.7497 3.5319 Columbia 4 9.9607 10.3377 0.3770 Columbia 4 10.6419 15.0580 4.4161 Columbia 4 15.4598 15.5964 0.1366 Columbia 4 15.6048 15.8846 0.2798 Columbia 4 16.3572 16.5705 0.2133 Dutchess 20 17.8524 18.0028 0.1504 Dutchess 20 18.0173 18.3434 0.3261 Dutchess 20 19.0847 19.0890 0.0043 Dutchess 20 19.4589 19.6322 0.1733 Dutchess 20 19.6478 19.9756 0.3278 Dutchess 20 20.5257 20.6732 0.1475 Dutchess 20 21.2730 21.4031 0.1301 Dutchess 20 21.5461 21.7315 0.1854 Dutchess 20 22.3106 22.8787 0.5681 Dutchess 20 23.6215 24.1105 0.4890 Dutchess 20 24.1203 24.1976 0.0773 Dutchess 20 31.1456 31.1830 0.0374

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Table 3-13 Agricultural Districts Crossed by Sections of ROW County Agricultural District Beginning MP Ending MP Total Miles Dutchess 20 31.3152 31.7413 0.4261 Dutchess 20 33.0578 33.1274 0.0696 Dutchess 20 35.7442 36.0981 0.3539 Dutchess 20 38.4053 38.5157 0.1104 Dutchess 20 38.6370 38.6381 0.0011 Section Total 14.3404 CPV Valley Tap to Rock Tavern Orange 1 0.4931 0.5090 0.0159 Orange 1 0.5533 0.9367 0.3834 Orange 1 0.9430 1.0385 0.0955 Orange 1 1.0535 1.1550 0.1015 Orange 1 2.1209 2.4369 0.3160 Orange 1 2.4500 2.8963 0.4463 Orange 1 3.0016 3.0803 0.0787 Orange 1 3.1269 3.8411 0.7142 Orange 1 4.4262 4.7646 0.3384 Orange 1 4.7820 5.2841 0.5021 Orange 1 5.2947 5.7100 0.4153 Orange 1 5.7202 6.3127 0.5925 Orange 1 6.5816 7.0553 0.4737 Orange 1 7.5024 7.7618 0.2594 Orange 1 7.7675 8.0626 0.2951 Orange 1 8.2089 8.5809 0.3720 Orange 1 9.4144 9.5245 0.1101 Orange 1 9.5245 9.7302 0.2057 Orange 2 10.1172 11.0489 0.9317 Orange 2 11.0830 11.5309 0.4479

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Table 3-13 Agricultural Districts Crossed by Sections of ROW County Agricultural District Beginning MP Ending MP Total Miles Orange 2 11.5568 11.8571 0.3003 Orange 2 12.7302 12.9180 0.1878 Orange 2 12.9547 13.7726 0.8179 Section Total 8.4014 Project Total 22.7418

3.3.2.5 Flood Zones NYSDEC, in conjunction with the Federal Emergency Management Agency (FEMA), has mapped flood zones within the state. Local municipalities that participate in the National Flood Insurance Program are responsible for regulating development in the flood zones. All development within Special Flood Hazard Areas is subject to floodplain development regulations. The extent of ROW that crosses flood zones is identified in Table 3-14.

Table 3-14 Length of ROW that Crosses Flood Zones, by Section and Type County NFHL 500 NFHL NFHL NFHL Q3 Zone A Q3 Zone X Year Zone Zone A Zone AE Zone X Leeds to Athens to Pleasant Valley Greene 0 0 0 0.46 0 0 Leeds to Pleasant Valley Greene 0.01 0 0.56 1.41 0 0 Columbia 0 0 0 0 2.79 11.97 Dutchess 0.40 0.17 0 22.08 0 0 CPV Valley Tap to Rock Tavern Orange 0.40 0.23 2.72 11.27 0 0 Total 0.81 0.40 3.28 35.22 2.79 11.97

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3.3.2.6 Conservation Easements NYSDEC describes conservation easements as land conservation tools employed to protect a variety of important natural resources and landscape values, such as water quality, wildlife habitat, sensitive ecosystems, wetlands, riparian areas, scenic areas, agricultural land, working forests, and historic sites. The primary function of an easement is to limit or eliminate future development and undesirable land uses on a property, while allowing for continued private ownership and traditional management. They are permanent legal agreements entered into by a landowner and state or local government, or a non-profit land trust. The proposed project crosses a total of 0.95 miles of conservation easements.

Table 3-15 Conservation Easements Crossed Beginning Ending Easement Holder Miles Crossed Milepost Milepost Leeds to Pleasant Valley Columbia Land Conservancy 2.34 2.38 0.04 Columbia Land Conservancy 2.44 2.69 0.25 Columbia Land Conservancy 10.28 10.34 0.06 Scenic Hudson Land Trust 13.47 13.48 0.02 Scenic Hudson Land Trust 13.72 13.76 0.04 Winnakee Land Trust 23.62 24.11 0.49 Winnakee Land Trust 24.12 24.18 0.06 Total Miles 0.95

3.3.2.7 Environmental Impacts The proposed project would have no permanent effects on land use as it would be contained in the existing ROW. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no

Boundless Energy NE, LLC 27 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 ground disturbance would be expected to occur, therefore, no impacts to existing land use would be expected to occur as a result of construction and operation of the project.

3.4. Wildlife and Aquatic Resources

3.4.1 Wildlife Resources

3.4.1.1 Existing Environment A variety of habitats are crossed by the proposed project route, including deciduous forests, shrub/scrub, grasslands, various types of wetlands, and agricultural fields, as well as developed areas. The most predominant habitats crossed by the proposed project route are deciduous forests (26.53 miles), pasture/hay fields (23.30 miles), and shrub/scrub (15.26 miles) (Fry et al. 2011). The habitats occurring in the ROW are capable of supporting a wide variety of the wildlife species found in the northeastern United States.

Species composition and density would be expected to vary widely throughout the project area. It is likely that species diversity and density would increase with increased distance from cities, towns, and agriculture because there would be less anthropogenic disturbance. Transmission line ROWs are often attractive to a variety of wildlife species, due largely to foraging availability and refuge from predators. Because much of the existing ROW is comprised of shrub/scrub habitat, it would be expected that the ROW would be utilized largely by shrub/scrub and edge habitat specialists and a variety of habitat generalists. Additional desktop studies and field surveys of wetlands and vegetation would be conducted as part of a comprehensive environmental review.

Birds Birds would be expected to occur throughout the entire project area. Different habitat types would likely support different bird communities, as birds often require specific habitat conditions for foraging and nesting. During migration periods, species diversity and abundance could in-

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crease as migrant birds pass through the project area to their summer breeding (spring migration) or wintering grounds (fall migration). While migrants would be expected to occur throughout the project area, it is unlikely that the project area would contain a greater abundance of migrant birds relative to surrounding areas, because the project area does not contain any unique topographic or geographic features (e.g., mountain ridges or large bodies of water) that would concentrate migrating birds. During the breeding season (typically late spring to mid- summer), birds would be expected to nest throughout the existing ROWs, which likely provide suitable nesting habitat and refuge from predators.

The likelihood of birds to occur within the proposed project area would be evaluated through a review of publicly available information, including aerial photographs, topographic maps, the NYS Breeding Bird Atlas (BBA), the USGS Breeding Bird Survey (BBS), the Audubon Christ- mas Bird Count (CBC), the Hawk Migration Association of North America (HMANA) Hawk Watches, Audubon Important Bird Areas (IBAs), NYS Bird Conservation Areas (BCAs), eBird, and other various sources, in addition to professional judgment. Pre-construction field surveys may also be conducted through coordination with the USFWS and NYSDEC. Ecology and En- vironment, Inc. (E & E) would also consult with NYSDEC regarding nesting and wintering bald eagles in the vicinity of the project area, as the project would be within the immediate vicinity of the Hudson River, which is known to facilitate eagle nesting due to foraging opportunities. See Section 3.5 (Threatened and Endangered Species) for additional discussion.

The desktop review and field surveys would focus on identifying areas where large concentra- tions of birds are likely to occur, or where the location of the project would pose an increased risk to birds. Areas of concentrated food availability in the vicinity of the Project (e.g., landfills, aquaculture facilities or other locations with fish, large farms with waste grain or dead animals), which could serve as attractants for birds, would be identified. Portions of the project between bird roosting and foraging areas would also be identified. Such areas pose increased risk of collisions, as birds would frequently fly over or under the lines to access feeding areas. High-risk

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areas may include river crossings and areas where the transmission line would bisect wetlands or agricultural fields with waste grains. Field surveys would identify existing or likely avian use of power poles and other structures in the vicinity of the proposed project for nesting or roosting. Such areas could pose increased risks to birds from electrocutions or collisions. Species at greatest risk generally include large raptors (hawks, ospreys, and eagles), but could also include owls, herons, cormorants, crows, ravens, and smaller birds.

Mammals Mammals would be expected to occur throughout the entire project area, primarily where the habitat provides food and shelter. Mammals may also utilize the existing ROWs as travel corridors.

Habitat suitability for mammals in the project area would be investigated using aerial imagery and GIS mapping. Any publicly available data regarding mammal populations within each county crossed by the proposed project route would be consulted. Special attention would be given to state- and federally listed species, including the federally endangered Indiana bat (Myotis sodalis).

Amphibians and Reptiles Amphibians and reptiles are most likely to be associated with wetland areas. In spring, many amphibians would be expected to utilize vernal pools for breeding; however, the occurrence of vernal pools within project area is currently unknown.

The suitability of habitat in the project area for reptiles and amphibians would be investigated using aerial imagery and GIS mapping. Because the proposed project route crosses 18 NYSDEC wetlands (totaling 3.28 miles) and 73 NWI wetlands (totaling 5.40 miles), special attention would be paid to wetlands, as reptile and amphibian species would likely concentrate in these areas. Stream crossings and riparian zones would be investigated remotely to infer their habitat

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quality, and any publicly accessible information would be investigated to better gauge the species diversity that would be expected to exist within the project area. Special attention would also be given to state- and federally listed species, including the federally threatened bog turtle (Glyptemys muhlenbergii).

3.4.1.1.1 Environmental Impacts Temporary impacts on wildlife habitat and, therefore, terrestrial wildlife are likely to occur during the construction phase of the proposed project. Temporary impacts to wildlife will likely be associated with noise and general anthropogenic disturbance associated with construction activities. It would be anticipated that wildlife would be temporarily displaced during this time period and would return over time, following completion of construction activities. In general, permanent impacts on wildlife habitat would be avoided, as ground disturbance is not anticipated to occur during construction and/or operation of the proposed project. The use of existing utility poles would reduce potential impacts on wildlife from habitat loss or disturbance.

Project components would be designed and constructed following the guidelines of the Avian Power Line Interaction Committee (APLIC) to minimize risks to birds from electrocutions and collisions (APLIC 2006, 2012). Pre-construction avian surveys would be conducted to minimize impacts on birds. Results of the surveys would be used to identify seasonal and spatial construction restrictions. During the construction phase, time-of-year restrictions would be implemented, when necessary, to minimize impacts. In addition, nest monitors and construction buffers may be utilized to protect nesting species.

Following construction, mitigation of environmentally sensitive wildlife habitats (i.e., wetlands) would be conducted as necessary. All construction and post-construction restoration would be conducted in accordance with permit requirements and state and federal regulations. Environ- mental monitoring would be conducted to ensure compliance with permits and regulations.

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3.4.1.2 Aquatic Resources

3.4.1.2.1 Existing Environment Aquatic habits for fish, aquatic invertebrates such as mussels, and numerous aquatic insects exist throughout the proposed project area. According to the NYSDEC Stream Classifications, 60 classified streams are crossed by the proposed project route, while the NHD indicates that 82 streams are crossed, most of which are likely included in the NYSDEC data. While not all of these stream crossings would provide suitable habitat for fish, they still potentially remain an important resource for other aquatic organisms. Streams and other water resources would be investigated using aerial imagery and GIS mapping. Any publicly available data regarding fish populations and/or stream habitat suitability would be applied to this investigation. Special attention would be given to important native fish species (e.g., trout) and state- and federally listed aquatic species.

3.4.1.2.2 Environmental Impacts After completion of the project, any streams present are expected to remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to streams would be expected to occur as a result of construction and operation of the project.

3.5 Threatened and Endangered Species

3.5.1 Existing Environment Federally Listed Species

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The proposed project route crosses a variety of habitats in eastern New York State, some of which support a greater level of biodiversity than others. Some areas crossed by the proposed project route (e.g., large wetland complexes, large forests, shrublands, and open-water areas) are especially significant from an environmental standpoint, as state- and/or federally threatened and endangered species have the greatest potential to occur in these areas. In addition to the afore- mentioned habitats, New York State Significant Coastal Fish and Wildlife Habitat and other crit- ical habitats exist either within the project area or in the vicinity of the project area. While habitats not within the project area would not necessarily be directly impacted, wildlife travelling to and from these areas could potentially cross into the project area, where construction and operational activities may adversely impact them or influence their behavior. Identification of such habitats would be performed remotely through desktop analysis. Boundless would discuss with NYSDEC potential indirect impacts on such high-quality habitats or wildlife that may reside in these areas regarding possible mitigation techniques to minimize any impacts to the greatest extent practicable.

Based on a review of the USFWS database, three of the four counties through which the Project would traverse have documented occurrences of federally listed threatened and/or endangered species. Table 3-16 identifies the federally listed species known to occur in each of these three counties.

Table 3-16 Federally Listed Species, by County Common Name Scientific Name Status Columbia County Indiana bat Myotis sodalis Endangered Northern Long-eared Bat Myotis septentrionalis Proposed Endangered New England Cottontail Rab- Sylvilagus transitionalis Candidate bit Bog Turtle Clemmys muhlenbergii Threatened Dutchess County Dwarf Wedgemussel Alasmidonta heterodon Endangered Indiana Bat Myotis sodalis Endangered Northern Long-eared Bat Myotis septentrionalis Proposed Endangered

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Table 3-16 Federally Listed Species, by County Common Name Scientific Name Status New England Cottontail Rab- Sylvilagus transitionalis Candidate bit Bog Turtle Clemmys muhlenbergii Threatened Greene County Northern Long-eared Bat Myotis septentrionalis Proposed Endangered Orange County Dwarf Wedgemussel Alasmidonta heterodon Endangered Indiana Bat Myotis sodalis Endangered Northern Long-eared Bat Myotis septentrionalis Proposed Endangered Bog Turtle Glyptemys muhlenbergii Threatened Source: USFWS 2015. Section 1 = Leeds to Athens to Pleasant Valley Section 2 = Leeds to Pleasant Valley Section 3 = CPV Valley Tap to Rock Tavern

Additionally, on February 13, 2015, a letter was submitted to the New York Natural Heritage Program (NHP) requesting information regarding the presence of threatened and endangered species and unique natural communities within and in the vicinity of the project area. At this time, no response has been received; however, one is anticipated in the coming weeks.

Indiana Bat. The Indiana bat (Myotis sodalis) is a federally-listed endangered species that is potentially distributed across several counties of New York State. Presently, the locations of eight hibernacula are known within Albany, Essex, Warren, Jefferson, Onondaga, and Ulster counties, New York (NYSDEC 2013). The Indiana bat’s annual cycle comprises four major phases: winter hibernation, spring migration, summer maternity period, and fall migration. Gen- erally, Indiana bats hibernate from October through April. The USFWS maintains records of known Indiana bat occurrences and would be consulted early in the project planning process to determine whether any known occurrences are located within 5 miles of the project area. Bound- less would consult with the USFWS and NYSDEC regarding the nature and extent to which this species may potentially be impacted by the project and whether further studies would be required.

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Suitable Indiana bat habitat consists of the following:

■ Roosting habitat: live, dead, or dying trees with exfoliating bark, split trunks, split branches, holes, cracks, crevices, and hollow trunks of branches.

■ Foraging habitat: within and on the edges of wooded areas; frequently associated with streams, floodplain forests, forested wetlands, and impounded waterbodies.

■ Travel corridors: areas that link roosting and foraging habitat, including open understory forest, wooded fencerows, and open paths through wooded areas, including streams, trails, and small roads with canopy cover.

■ Hibernacula: caves and underground mines.

Any mature forestland that the project crosses is potential Indiana bat summer roosting and foraging habitat.. The locations of known hibernacula are considered sensitive information; therefore, this information is not publically available. E & E would initiate discussions with the USFWS and NYSDEC regarding the general proximity of known or suspected hibernacula, as well as the potential need to conduct field surveys.

Northern Long-eared Bat. The long-eared bat is currently a candidate for federal listing as an endangered species under the ESA (USDOI 2014). Species proposed for listing do not have protection under the ESA. On June 30, 2014, the USFWS announced a 6-month extension for the final listing determination of the northern long-eared bat. The USFWS will make a final deci- sion on the listing of this species no later than April 2, 2015 (Federal Register 2014). Therefore, at this time, this species does not have protection under the ESA; however, a determination will be made by the USFWS prior to construction of the proposed project.

During the winter months, the northern long-eared bat hibernates in caves and mines with large passages and entrances, stagnant temperatures, high humidity, and no air currents. During the

Boundless Energy NE, LLC 35 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 summer months, they roost in shelters, including exfoliating tree bark, tree cavities, and crevices of both live and dead trees. Pups are typically born between late May and late July, becoming able to fly on their own approximately 18 – 21 days after bird. In general, these bats forage on forested hillsides and ridges, rather than in streamside and floodplain forests (Harvey et al. 2011).

Bog Turtle. The bog turtle (Clemmys muhlenbergii) is presently listed as threatened under the Endangered Species Act (ESA). The bog turtle is associated with habitats that have slow- moving water, deep, soft muck soils, and tussock-forming herbaceous vegetation (NYSDEC 2013a). The turtles potentially occur throughout several counties in New York State, including Dutchess, Orange, and Ulster counties. Several large wetland complexes in Orange counties that would be crossed by the project could serve as potential bog turtle habitat. Boundless would consult with the USFWS and NYSDEC regarding the nature and extent to which this species could be impacted by the project and whether further studies would be required.

Dwarf Wedgemussel. The dwarf wedgemussel (Alasmidonta heterodon) is a federally listed endangered species that potentially occurs in several counties of New York, including Orange and Dutchess counties. This mussel is generally found in flowing waters, ranging from small brooks to larger rivers, with substrates comprised of silts, sand, and gravel and where the flow velocity is slow to moderate (NYSDEC 2013b). As the project would cross several smaller streams in Dutchess and Orange counties where the mussel could potentially reside, the USFWS and NYSDEC may require site-specific surveys to assess the overall habitat suitability, in addition to conducting presence/absence surveys for the mussel. Boundless would consult with the USFWS and NYSDEC regarding the nature and extent to which this species could be impacted by the project and whether further studies would be required.

New England Cottontail Rabbit. The New England cottontail rabbit (Sylvilagus transitionalis) is currently a candidate species for listing under the ESA, due to habitat loss and general popula-

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tion decline. The species potentially occurs in four counties of New York, including Dutchess County. This species prefers early successional forests with thick, tangled vegetation (USFWS 2013b). As the existing ROWs are likely to be predominantly scrub/shrub habitat in many areas in Dutchess County, it is possible that this species could reside either within or in the vicinity of the ROW. Boundless would consult with the USFWS and NYSDEC regarding the nature and extent to which this species could be impacted by the project and whether further studies would be required.

State-listed Species

Bald Eagle. The population of bald eagles (Haliaeetus leucocephalus) in New York State has steadily increased over the past 30 years and has more than quadrupled in the last decade. Bald eagle numbers have increased from the brink of extirpation in the state to healthy, sustainable population levels, which are continuing to experience nesting success and population growth. The latest New York State Bald Eagle Report (Nye 2010) is consistent with population growth, as a record number of eagles and nesting pairs were identified in the state (223 nesting pairs in 2010) (Nye 2010). Other sources indicate that the bald eagle population in New York State has continued to grow. Boundless would consult with the USFWS and NYSDEC and update its literature search.

It should be noted that the project is proposed to be constructed largely within the vicinity of the Hudson River, which is known to harbor breeding pairs of the state-threatened bald eagle, which is additionally protected under the Bald and Golden Eagle Protection Act (50 CFR Part 22). A report from 2010 has documented a steady increase in the number of breeding bald eagle pairs nesting along the Hudson River from 2000 to 2010 (Nye 2010). In 2010, there were 23 known nesting pairs of bald eagles along the Hudson River. As the Hudson River is an area of high bald eagle nesting success, Boundless would consult with the USFWS and NYSDEC regarding the

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nature and extent to which this species could be impacted by the project and whether further studies would be required.

Least Bittern. The least bittern (Ixobrychus exilis) is a state-threatened species associated with freshwater and brackish marshes with tall, dense, and emergent vegetation (NYSDEC 2013d). Population decline of this species is the result of habitat degradation, due largely to invasive species such as the common reed (Phragmites australis). The NHP has indicated that this species has been documented as occurring within the ROW in Greene County. These populations could potentially experience temporary adverse impacts as a result of construction and operation of the project; however, Boundless would consult with NYSDEC regarding this species and potential mitigation measures to minimize impacts to the greatest extent practicable.

Blanding’s Turtle. The Blanding’s turtle (Emydoidea blandingii) is state-listed as threaten, due largely to habitat destruction resulting from construction of housing developments and shoreline property development, as well as associated roads, which tend to be hazardous for the turtles during migration between ponds and areas of hibernation (NYSDEC 2013e). This species prefers weedy bays, marsh waters, and ponds and is generally not associated with main channels of rivers. The Blandings turtle occurs as far east as northern New York, and several isolated populations are known to occur in southeastern New York, specifically within Dutchess County. As the project would cross through their known range in Dutchess County, there is potential for construction and/or operation of the project to adversely impact this population. Boundless would consult with NYSDEC regarding possible mitigation techniques and any possible surveys that may be requested to confirm their presence/absence.

Timber Rattlesnake. Timber rattlesnakes (Crotalus horridus) were once a fairly common species in New York State but are now limited primarily to the southeastern portion of the state. Due to their limited population numbers and slow population growth rate, the timber rattlesnake is listed as threatened in New York. This snake generally prefers deciduous forests with rugged

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terrain, such as hills and rocks/boulders (NYSDEC 2013c). As the project would traverse approximately 31.97 miles of forest habitat (83.0% of which is comprised of deciduous forests), there is a possibility that timber rattlesnake habitat could be impacted. However, it should be noted that the September 24, 2013 NHP response letter did not indicate that the timber rattlesnake occurs in the immediate vicinity of the original project area (Conrad 2013). A new NHP data request was sent out on February 13, 2015 and an updated NHP response letter is anticipated to arrive in the coming weeks, which will provide further information regarding the occurrence of timber rattlesnake in the vicinity of the project. Regardless, Boundless would consult with the USFWS and NYSDEC regarding the nature and extent to which this species could be impacted by the project and whether further studies would be required.

Summary E & E would perform desktop studies to assess the likelihood of state-listed species to occur within the proposed project area. Furthermore, Boundless would consult with the USFWS and NYSDEC regarding the nature and extent to which these species could be impacted by the project and whether further studies would be required.

Federally and state-listed threatened species, as well as their associated habitats, would be evaluated by Boundless for their potential to exist either within or in the vicinity of the project area. As the project crosses through a variety of habitats within the state, it is possible that additional field survey efforts would be required by the USFWS and NYSDEC to further evaluate the potential for threatened and/or endangered species to occur within the proposed project area.

3.5.1.1 Environmental Impacts At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground dis-

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turbance would be expected to occur, therefore, no impacts to threatened and endangered species would be expected to occur as a result of construction and operation of the project. Boundless would consult with the USFWS and NYSDEC regarding mitigation efforts for listed species potentially occurring within the proposed project area. BMPs would be employed to minimize any adverse impacts on listed species.

3.5.2 Invasive Species

3.5.2.1 Existing Environment The majority of invasive species expected to occur within the proposed project area are plant species, which are discussed in Section 3.6. The primary invasive species of concern is the emerald ash borer (Agrilus planipennis), which is known to occur in Greene and Orange counties, both of which would be crossed by the project. Management practices would be developed in conjunction with the USFWS and NYSDEC to minimize, to the maximum extent practicable, the spread of invasive species.

3.5.2.1.1 Environmental Impacts At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts from invasive species would be expected to occur as a result of construction and operation of the project. The proposed project would be constructed within counties of New York known to be infected with the emerald ash borer; therefore, a specific plan would be developed and management practices would be employed to minimize the potential spread of this species to the maximum extent practicable.

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3.6 Vegetation

3.6.1 Existing Conditions The proposed project route extends approximately 54.47 miles in eastern New York State. The habitats crossed by the proposed route were determined using the National Land Use Cover Da- tabase (USGS 2006) (see Table 3-17). Using a combination of desktop and field studies, the vegetative habitats would be classified and mapped using Edinger et al. (2002), which breaks down the general land use cover presented below into more specific habitat classifications.

The most common habitats crossed by the proposed route are deciduous forest and pasture/hay. Approximately 15.11 miles of the proposed route crosses deciduous forest habitat, which is generally dominated by trees that lose their leaves for the winter (e.g., oak, maple, and ash). Ap- proximately 12.81 miles of the proposed route crosses pasture/hay, which are generally homoge- nous habitats that undergo regular disturbance, via farming practices.

Table 3-17 Habitat Type by Route

Leeds to Athens Leeds to CPV Valley to Pleasant Pleasant Tap to Rock Habitat Valley Valley Tavern Total Open Water 0.00 0.47 0.00 0.47 Deciduous Forest 0.04 11.38 3.69 15.11 Evergreen Forest 0.00 1.61 0.00 1.61 Mixed Forest 0.07 0.82 0.45 1.34 Shrub/Scrub 0.00 7.07 1.12 8.19 Grassland 0.00 0.31 0.00 0.31 Pasture 0.28 10.21 2.32 12.81 Cultivated Crops 0.00 2.26 2.82 5.08 Woody Wetlands 0.00 2.95 2.84 5.79 Emergent Herbaceous Wetlands 0.03 0.61 0.14 0.78 Developed 0.05 1.71 1.24 3.00 Total 0.47 38.79 15.48 54.49

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3.6.1.1 Environmental Impacts The proposed route utilizes existing cleared ROWs, structures, and access roads to the extent practicable to minimize impacts. After completion of the project, vegetative cover is expected to remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to vegetation would be expected to occur as a result of construction and operation of the project.

3.6.1.2 Threatened and Endangered Species

3.6.1.2.1 Existing Environment Based on an initial literature search, one plant species federally-listed as threatened under the ESA has the potential to occur within the proposed project area, the small whorled pogonia (Isotria medeoloides) (USFWS 2013). Species-specific surveys would be performed after consultation with the agencies. This species is discussed in further detail below:

Small Whorled Pogonia The small whorled pogonia is a flowering plant that potentially occurs within New York only in Orange County. This species of orchid grows in old hardwood stands of beech, birch, maple, oak, and hickory where an open understory and acidic soils with thick layers of dead leaves are present. They often occur on slopes near small streams (USFWS 2013a). The proposed project route crosses only a small portion of eastern Orange County. Based on aerial imagery, large stands of old hardwood forests do not appear to be present in this area and furthermore, the pro-

Boundless Energy NE, LLC 42 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 posed project would utilize existing structures and ROW; thus, the likelihood of this species occurring within the project area is low.

On February 13, 2015, a letter was submitted to the NHP requesting information regarding the presence of threatened and endangered species and unique natural communities within and in the vicinity of the project area. At this time, no response has been received; however, one is anticipated in the coming weeks. While it is presently unknown which species will be identified by the NHP, further consultation with NYSDEC would be needed to identify any state-listed species that are likely to occur within the project area. Once received, this information would be reviewed to further evaluate potential constraints related to state-listed threatened and endangered species.

3.6.1.2.2 Environmental Impacts At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to sensitive habitats would be expected to occur as a result of construction and operation of the project. Sensitive areas known to potentially harbor federally and/or state-listed species would be evaluated prior to construction. Boundless would consult with the USFWS and NYSDEC regarding mitigation efforts for listed species potentially occurring within the Project area. BMPs would be employed to minimize any adverse impacts on listed species.

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3.6.1.3 Protected Lands

3.6.1.3.1 Existing Environment A number of lands crossed by the proposed project are protected specifically for their high- quality native flora and fauna and biodiversity, as well as their unique topography, geology, and/or hydrology. Areas with significant levels of biodiversity are located within the Hudson River Valley region of New York. While these areas carry no actual regulatory designation, the purpose is that recognition of such areas would serve as a basis for voluntary conservation through conservation partnerships. The proposed project route is located in the vicinity of the Hudson River and crosses a total of 11.02 miles of significant biodiversity areas (see Table 3- 20).

Table 3-20 Significant Biodiversity Areas Crossed by the Proposed Project Route Total Distance Significant Biodiversity Crossed by Area Starting MP Ending MP ROW (miles) Leeds to Athens to Pleasant Valley - - - - Leeds to Pleasant Valley Dutchess County Wetlands 22.9517 29.1214 6.1697 Dutchess County Wetlands 31.8467 36.2225 4.3758 Upper Hudson River 1.6712 2.1496 0.4784 CPV Valley Tap to Rock Tavern - - - Total - - 11.0239

In addition to the previously mentioned significant biodiversity areas, the proposed project route also crosses a number of Natural Heritage Communities, which are identified as being rare and/or unique within New York State. A total of approximately 0.48 miles of Natural Heritage Communities are crossed by the proposed project route (see Table 3-21).

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Table 3-21 Natural Heritage Communities Crossed By the Project Total Distance Natural Heritage Crossed by Community Habitat Type Starting MP Ending MP ROW (miles) Leeds to Athens to Pleasant Valley - - - - - Leeds to Pleasant Valley Freshwater Tidal Tidal Wetlands (Estu- 1.6868 1.7729 0.0861 Marsh ary) Tidal River Tidal Wetlands (Estu- 1.7731 2.1639 0.3908 ary) CPV Valley Tap to Rock Tavern - - - - - Total ------0.4769

3.6.1.3.2 Environmental Impacts Protected lands crossed by the proposed project route could be temporarily impacted as a result of construction and operation of the proposed project. To the extent practicable, Boundless would minimize any impacts on protected lands through the use of mitigation and avoidance measures. If unavoidable impacts were encountered during the construction and/or operational phases of the project, Boundless would consult with NYSDEC and/or local government groups to discuss possible mitigation measures. BMPs would be implemented during the project to minimize impacts on protected lands within the proposed project area.

3.6.1.4 Invasive Species

3.6.1.4.1 Existing Environment NYSDEC has developed a revised interim list of invasive plant species in New York State (NYSDEC 2012), which is presented in Table 3-22. There is potential for these species to be present within the proposed project area since the existing ROW has been previously disturbed.

The entire project area is within the quarantine area for the emerald ash borer (Agrilus planipennis), an invasive insect species that kills ash trees (NYSDEC 2013). The quarantine places limits

Boundless Energy NE, LLC 45 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 on intrastate movement of ash trees, in whole or in part. In the event that ash trees would require removal, such sites would be subject to this quarantine.

Table 3-22 NYSDEC Invasive Plant Species List Common Name Scientific Name Floating and Submerged Aquatic Water thyme Hydrilla verticillata Common frogbit Hydrocharis Morsus-ranae Broadleaf water-milfoil Myriophyllum heterophyllum Eurasian water-milfoil Myriophyllum spicatum Water chestnut Trapa natans Rock snot (diatom) Didymosphenia geminate Carolina fanwort Cabomba caroliniana Brazilian waterweed Egeria densa Parrot-feather Myriophyllum aquaticum Yellow floating heart Nymphoides peltata Curly pondweed Potamogeton crispus Emergent Wetland and Littoral Uruguayan primrose-willow Ludwigia grandiflora spp. hexapetala Floating primrose-willow Ludwigia peploides spp. glabrescens Purple loosestrife Lythrum salicaria European common reed grass Phragmites australis Tall glyceria Glyceria maxima Yellow iris Iris pseudacorus Broad-leaf pepper-grass Lepidium latifolium Marsh dewflower Murdannia keisak Reed canary-grass Phalaris arundinacea Terrestrial – Herbaceous Garlic mustard Alliaria petiolata Slender false brome Brachypodium sylvaticum Black swallow-wort Cynanchum louiseae Pale swallow-wort Cynanchum rossicum Japanese knotweed Fallopia japonica Japanese stilt grass Microstegium vinineum Lesser celandine Ranunculus ficaria Wild chervil Anthriscus sylvestris Mugwort Artemisia vulgaris Small carpgrass Arthraxon hispidus Narrowleaf bittercress Cardamine impatiens Spotted knapweed Centaurea stoebe ssp. micranthos

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Table 3-22 NYSDEC Invasive Plant Species List Common Name Scientific Name Canada thistle Cirsium arvense Chinese yam Dioscorea polystachya Cut-leaf teasel Dipsacus laciniatus Winter creeper Euonymus fortunei Cypress spurge Euphorbia cyparissias Leafy spurge Euphorbia esula Giant hogweed Heracleum mantegazzianum Japanese hops Humulus japonicas Cogon grass Imperata cylindrical Chinese lespedeza Lespedeza cuneata Garden loosestrife Lysimachia vulgaris Chinese silver grass Miscanthus sinensis Wavyleaf basketgrass Oplismensus hirtellus Cup-plant Silphium perfoliatum Terrestrial – Vines Oriental bittersweet Celastrus orbiculatus Japanese honeysuckle Lonicera japonica Mile-a-minute weed Persicaria perfoliata Kudzu Pueraria montana var. lobata Porcelain berry Ampelopsis brevipedunculata Japanese virgin’s-bower Cematis temiflora Terrestrial – Shrubs and Trees Norway maple Acer platanoides Japanese angelica tree Aralia elata Japanese barberry Berberis thunbergii Autumn olive Elaegnus umbellate Winged Euonymus Euonymus alatus Amur honeysuckle Lonicera maackii Morrow’s honeysuckle Lonicera morrowii (incl. x bella) Common buckthorn Rhamnus cathartica Black locust Robinia pseudoacacia Multiflora rose Rosa multiflora Wineberry Rubus phoenicolasius Rusty willow Salix atrocinerea Sycamore maple Acer pseudoplatanus Smooth buckthorn Frangula alnus Border privet Ligustrum obtusifolium Amur cork tree Phellodendron amurense Beach vitex Vitex rotundifolia

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Table 3-22 NYSDEC Invasive Plant Species List Common Name Scientific Name Source: NYSDEC 2012.

3.6.1.4.2 Environmental Impacts Prior to construction, Boundless would develop and implement an Invasive Species Control and Management Plan (ISCMP) if necessary, which would include BMPs designed to minimize the spread of any invasive species that may be present. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleas- ant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts from invasive species would be expected to occur as a result of construction and operation of the project.

3.7 Cultural Resources

3.7.1 Existing Environment A literature and records search included a review of the National Register of Historic Places (NRHP) within 1-mile of the center line of the Project, which are identified below in Table 3- 23).

Historical Resources Three NRHP-listed resources were identified within 1 mile of the center line of the Project, along the proposed project route (see Table 3-23). NRHP-listed resources were not identified within 1- mile of the Leeds to Athens or CPV Valley Tap to Rock Tavern routes. NRHP-listed resources are only present within the 1-mile-wide corridor of the Leeds to Pleasant Valley segment of the proposed Project.

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Table 3-23 National Register-Listed Features Identified within or adjacent to a 1-mile- wide Corridor Centered on the Centerline of the Proposed Project Route Project Closest Distance to Center line Component NRHP FID Name (miles) Leeds to Pleas- 11970 Pelham Parkway 0.2074 ant Valley Station (Dual Sys- tem IRT) Leeds to Pleas- 9898 Crum Elbow Meet- 0.7801 ant Valley ing House and Cemetery Leeds to Pleas- 12145 Quaker Lane 0.7509 ant Valley Farms Leeds to Pleas- 9725 Clermont Academy 0.8442 ant Valley Leeds to Pleas- 9726 Clermont Civic 0.8549 ant Valley Historic District Leeds to Pleas- 12694 St. Luke and apos- 0.8247 ant Valley tles Church Leeds to Pleas- 9309 Bouwerie 0.2063 ant Valley Leeds to Pleas- 9366 Brodhead, Thomas 0.6997 ant Valley House Leeds to Pleas- 11821 Old Parsonage 0.5276 ant Valley Leeds to Pleas- 12688 St. John and Apos- 0.4812 ant Valley tles Evangelical Lutheran Church Leeds to Pleas- 10773 Hickory Hill 0.5273 ant Valley Leeds to Pleas- 11256 Linlithgo Re- 0.7579 ant Valley formed Church of Livingston Leeds to Pleas- 13624 Wiswall, Oliver 0.1499 ant Valley House Leeds to Pleas- 10950 Hudson/Athens 0.3775 ant Valley Lighthouse Leeds to Pleas- 9080 Athens Lower Vil- 0.5284 ant Valley lage Historic Dis- trict NRHP 2015.

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More detailed analyses would be conducted as part of the Part B Application efforts; however, due to the general use of aerial reconductoring techniques, it is anticipated that there would be no impacts to cultural resources during construction and operation of the proposed Project.

3.7.2 Environmental Impacts

Historical Resources Transmission project have the potential to visually impact historic resources that are listed on the NRHP. However, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur and no changes to the character of existing equipment in the current ROW, therefore, no impacts to cultural resources would be expected to occur as a result of construction and operation of the project. .

3.8 Noise

Noise Fundamentals and Definitions Noise is defined as being any sound that is undesired or interferes with a person’s ability to hear. The basic measure of sound is the sound pressure level (SPL), commonly expressed as a loga- rithm in units called decibels (dB). The human ear can detect sound pressures ranging from 20 to 20 million micropascals, but only air pressure variations occurring within a frequency range of 20 to 20,000 Hertz (Hz), or cycles per second, are perceived as sound. Generally, ambient conditions encountered in the environment consist of an assortment of sound at different frequencies. However, since humans are most sensitive to frequencies that are within 200 to 10,000 Hz, atmospheric sound level measurements are often adjusted, or weighted, to account for human

Boundless Energy NE, LLC 50 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 perception and sensitivities. If such an adjustment is made, the resulting value is called the “A- weighted” sound level. When assessing ordinance or performance standards for stationary mechanical equipment, the “C-weighted” (dBC) scale is generally used.

The A-weighted scale is the most common weighting network used to conduct environmental noise assessments. An “A-weighted” decibel value (dBA) is measured by the noise level meter once the ambient sound passes through a set of internal filters that simulates the frequency sensi- tivity of the human hearing mechanism. Noise measurements are standardized at a reference value of zero decibels (0 dBA), which corresponds to the threshold of hearing, or the SPL at which people with healthy hearing mechanisms can just begin to hear a sound. Because the scale is logarithmic, a relative increase of 10 decibels represents a sound pressure that is 10 times higher. However, humans do not perceive a 10 dBA increase as 10 times louder. Instead, they perceive it as twice as loud. Table 3-24 lists noise levels for typical daily activities. The following generally accepted relationships are useful in evaluating human response to relative changes in noise level:

■ A 3 dBA change is the threshold of change detectable by the human ear,

■ A 5 dBA change is readily noticeable, and

■ A 10 dBA change is perceived as a doubling or halving of noise level.

Table 3-24 Noise Levels of Common Sources Sound Source SPL (dBA) Air Raid Siren at 50 feet 120 Maximum Levels at Rock Concerts (Rear Seats) 110 On Platform by Passing Subway Train 100 On Sidewalk by Passing Heavy Truck or Bus 90 On Sidewalk by Typical Highway 80 On Sidewalk by Passing Automobiles with Mufflers 70 Typical Urban Area 60 – 70 Typical Suburban Area 50 – 60 Quiet Suburban Area at Night 40 – 50

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Table 3-24 Noise Levels of Common Sources Sound Source SPL (dBA) Typical Rural Area at Night 30 – 40 Isolated Broadcast Studio 20 Audiometric (Hearing Testing) Booth 10 Threshold of Hearing 0 Source: CEQR Technical Manual 2012.

The SPL that humans experience typically varies from moment to moment. Therefore, a variety of descriptors are used to evaluate noise levels over time. Some typical noise descriptors are defined below:

■ Leq is the continuous equivalent sound level. The sound energy from the fluctuating sound pressure levels is averaged over time to create a single number to describe the mean energy, or intensity, level. High noise levels during a monitoring period will have

greater effect on the Leq than low noise levels. A one-hour duration of the measurement

would be shown as Leq(1); a 24-hour measurement would be shown as Leq(24). Since Leq values are logarithmic expressions, they cannot be added, subtracted, or compared as a ratio unless that value is converted to its root arithmetic form.

■ Ldn is the day-night equivalent sound level. It is similar to an Leq(24) but with 10 dBA added to all SPL measurements between 10:00 p.m. and 7:00 a.m. to reflect the greater intrusiveness of noise experienced during these hours.

■ Lmax is the highest SPL measured during a given period of time. It is useful in evaluating

Leq for time periods that have an especially wide range of noise levels.

■ L10 is the SPL exceeded 10 percent of the time. Similar noise descriptors are the L50, L01,

and L90.

For the purposes of this project, the A-weighted equivalent sound level (Leq) and the maximum instantaneous octave band SPL noise descriptors would be used to determine whether the noise

Boundless Energy NE, LLC 52 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 levels generated during construction, operation, and maintenance of the project would be in conformance with the applicable local government standards described below.

The octave band SPLs are unweighted sound measurements that are typically used for industrial noise sources. SPLs of stationary sources are usually provided by the equipment manufacturer at octave band center frequencies (i.e., 31.5, 63, 125, 250, 500, 1000, 2000, 4000, and 8000 Hz) expressed as a decibel. In some cases, the noise emission data is given in terms of sound power levels. This noise descriptor is a measure of the total acoustic power of a stationary source and is easily converted to SPLs at a given distance using a conversion equation. High-, low-, and mid- range frequency tones emitted from mechanical equipment used during construction, operation, and maintenance of the project would be used to develop noise mitigation measures, if necessary.

Applicable Noise Standards A review of applicable noise regulations would be conducted at the federal, state, and local levels, including noise regulations for each county and municipality within the proposed project area.

In 1974, the EPA published Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (EPA 1974). This publication evaluates the effects of environmental noise with respect to health and safety. The document provides information for state and local governments to use in developing their own ambient noise standards. The EPA has determined that in order to protect the public from activity inter- ference and annoyance when outdoors in residential areas, noise levels should not exceed an Ldn of 55 dBA (equivalent sound level expressed in A-weighted decibels).

In 2001, NYSDEC produced a program policy titled Assessing and Mitigating Noise Impacts, which describes the process for evaluating potential noise impacts on a community from a new

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noise source (NYSDEC 2001). This program policy would be reviewed thoroughly as part of the proposed project.

The NYSDEC method provides limits relative to the current noise conditions at the nearest receptor (e.g., private residences, schools, parks, houses of worship, etc.). NYSDEC’s program policy also provides thresholds for significant SPL increases and guidance on performing noise impact analyses.

3.8.1 Existing Environment

Noise Impact Screening and Analysis A noise impact screening analysis would be performed to determine whether the noise impacts associated with the project’s construction, operation, and maintenance would be in conformance with applicable standards and criteria or impact noise-sensitive receptors. Noise screening and analysis techniques would be applied at each noise-sensitive receptor location. The methodology requires the input of the number and type of equipment in use during each phase of the project in addition to published noise source levels associated with that equipment to determine the composite sound levels at specific distances from the activity (i.e., 50 feet and 1,000 feet).

A noise-sensitive receptor is defined as an area where human activity may be adversely affected when noise levels exceed predefined thresholds of acceptability or when noise levels increase by an amount exceeding a predefined threshold of change. Since noise receptors may be located indoors and/or outdoors, the following locations are considered sensitive receptors: residences, hotels, motels, healthcare facilities, nursing homes, schools, houses of worship, court houses, public meeting facilities, museums, libraries, theaters, parks, golf courses, zoos, campgrounds, and beaches. The most appropriate way to identify sensitive receptor locations is to conduct a walking tour of all areas that may be affected by the proposed action. Land use and zoning maps would be used where appropriate to target receptor locations prior to a field reconnaissance.

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Baseline noise monitoring would be performed at appropriate receptor locations to establish background noise levels. A field-calibrated Quest 2900 integrating/data-logging sound level meter or equivalent would be used to measure the existing noise levels. The noise level meter would be mounted on a tripod, approximately 5 feet above the ground surface, and connected to a microphone covered with an appropriate windscreen. The ambient temperature, wind speed, and weather conditions would be recorded during the noise measurement program. Noise monitoring would be conducted for 20-minute intervals during peak daytime and quiet nighttime periods.

3.8.2 Environmental Impacts After completion of the project, any present noise impacts are expected to remain unchanged, as the lines would continue to be operated in the same manner as previously. Permanent noise sources would be limited to the corona effect from the transmission lines during inclement weather. Temporary and permanent noise sources would be associated with the proposed project. Boundless would evaluate the noises associated with construction, operation, and maintenance of the project. Construction activities that would likely be performed are described in detail in Section 2.0 (Project Description). The primary activity that would generate noise is limited to replacement of existing 345-kV phase conductors with high-capacity conductors in all sections by helicopter. This activity would be temporary in nature.

3.9 Visual Resources

3.9.1 Existing Visual Resources Boundless will conduct an inventory of visual resources or visually sensitive areas that may be impacted by the proposed project. Some of these visual resources are identified in Section 3.3, Land Use, as designated special land uses. NYSDEC’s Program Policy DEP-00-2, “Assessing

Boundless Energy NE, LLC 55 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 and Mitigating Visual Impacts” identifies the following types of visual resources of statewide significance.

■ A property on or eligible for inclusion in the National or State Register of Historic Places

■ State parks

■ Heritage areas (formerly Urban Cultural Parks)

■ State forest preserves

■ National wildlife refuges

■ National natural landmarks

■ National parks, recreation areas, seashores, and forests

■ National and state wild, scenic or recreational rivers

■ American heritage rivers

■ Scenic areas of statewide significance

■ State- or federally designated trails

■ State nature and historic preserve areas

■ Bond Act properties purchased under the Exceptional Scenic Beauty or Open Space category

■ A site, area, lake, reservoir, or highway designated, or eligible for designation, as scenic

Local jurisdictions may also have visual resources of local significance that are protected through local zoning ordinances or management plans. Under the New York State Coastal Man- agement Program’s Policy 23, a local landmark, park, or locally designated historic district that is located within the boundary of an approved local waterfront revitalization program is also considered visually significant.

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New York's State’s Coastal Management Program includes two policies that provide for the protection of visual resources within the coastal zone. Policy 24 provides for the designation and protection of scenic areas of statewide significance (SASS), and Policy 25 requires that proposed actions located outside a designated SASS must protect, restore, or enhance the overall scenic quality of the coastal area.

3.9.2 Environmental Impacts After completion of the project, the visual character of the area is expected to remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no change to the existing visual character is expected; therefore, no visual impacts will occur as a result of operation of the project. As the proposed construction method of the project involves reconductoring, using all existing ROW and structures, permanent impacts to visual resources would not be anticipated to occur. During the construction phase of the proposed project, however, temporary impacts to visual resources would be expected, as reconductoring would be accomplished via helicopter. Boundless would prepare a visual impact assessment (VIA) if necessary for the proposed project using NYSDEC’s Program Policy DEP-00-2, “Assessing and Mitigating Visual Impacts,” as guidance to describe and define the effects of the project on the visual character and quality of the landscape.

Visual resources would be identified, characterized, and classified based on their visual value and the view of the project. In addition, the visual quality of the immediate project area would be assessed. With visual resources established, various methods can be used to assess and document the visibility of the project elements from the documented visual resources, as well as from the general area surrounding the proposed project area. More importantly, these visual im-

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pacts would be short-term, during construction from helicopters and no long-term impacts to visual resources would occur

3.9.3 Comparison to Other Proposed Transmission Projects North America Transmission (NAT) submitted a proposed route following the same Leeds to Pleasant Valley segment, as described in this submittal. The route proposed by NAT involves replacement of existing lattice towers with significantly larger towers. To maintain proper ten- sion of the transmission line, these new box towers must be spaced closer together. NAT claims that there would be no net gain in the number of transmission towers required for their route; however, while the actual number of towers may remain the same, they do not state that the dimensions of one of their single proposed towers is larger than the dimensions of two existing towers. The net impact would be approximately double the number of currently existing structures within the ROW. Furthermore, as the distance between towers would be closer, new ground disturbance would be required throughout the ROW and would also increase in visual obscurity and visual impacts.

3.10 EMF/Health Effects Electric and magnetic fields (EMF) exist in both natural and built environments and are found everywhere on Earth, including where people live, work, and play. Natural sources of EMF include the sun (e.g., visible and ultraviolet light) stars (e.g., radio waves), and the Earth itself. Man-made sources are also common and pervasive, especially in developed countries, and include household items with which people have daily contact. Examples include electric kitchen appliances, televisions, computers, vacuum cleaners, and radios, as well as personal use items such as hair dryers, cell phones, video games, and remote controls. This means that people are regularly exposed to EMF.

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EMF can be either ionizing or non-ionizing, based on their frequency and wavelength. Non- ionizing EMF, such as from household appliances and electronics and from electrical transmission lines, have long wave lengths and lower frequencies.

This is as opposed to ionizing EMF which has shorter wavelengths and higher frequency such as gamma rays, x-rays, and some ultraviolet light. These frequencies of EMF have high energy and are capable of physically breaking chemical bonds in human tissue. It is well established that these ionizing forms of EMF can produce damage in biological organisms, resulting in disease such as cancer. However, these frequencies can be harnessed for valuable use, such as in medical imaging equipment.

The potential for non-ionizing radiation to cause biological harm remains unclear, since the longer wavelengths and lower frequencies of non-ionizing radiation result in lower energies, which cannot easily penetrate living tissue. By definition, this type of radiation does not have the potency to disrupt chemical bonds and is therefore generally considered harmless. Further- more, it is scientifically challenging to assign causality between low-level non-ionizing EMF exposure from a single source and resulting illness because people are exposed to a diversity of EMF sources in daily living. The results of laboratory animal studies designed to test the causality between EMF and leukemia—one of the primary illnesses for which EMF has been assigned cause in children—remain inconclusive. The ability of non-ionizing radiation to cause physical harm is particularly suspect when the strength of the field is weak, as is the case for household and personal items since the sources used are weak. This also applies to the EMF generated by high-power transmission lines when the distance from the source is increased and shielding is applied, both of which greatly reduce the strength of the field.

The potential for physical harm to humans can be minimized by limiting the duration of exposure, increasing the distance from the source, or putting objects between the source and the indi- vidual. In the case of electrical transmission lines, the primary means of minimizing risk to hu-

Boundless Energy NE, LLC 59 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 mans from exposure to EMF is by providing sufficient distance between the source and people. Distancing is highly protective since the strength of an electric field is reduced exponentially with every unit of distance from the source.

3.10.1 Existing Environment A majority of the proposed project would be located in rural areas where residents would be at such a distance from the transmission lines that the EMF would be significantly dissipated. Less than 6% of the line would be located in developed areas. No lines would be installed outside of existing ROWs. Approximately 33% of the ROW would be in forested areas, where tall vegetation would provide natural shielding.

3.10.2 Environmental Impacts Additional current carried by the increased capacity of the conductor would create a slightly stronger EMF immediately adjacent to the conductors than currently exists. However, electric and magnetic field intensities fall off with distance from the conductor. Because the new composite conductors will sag less than those that are currently employed, there likely will be a greater distance between the conductor and the edge of the rights-of-way resulting in a slight lowering of the measured field intensity due to that increased distance. The balancing of these two effects will require that specific calculations be performed for each section of the line. And modifications made, if necessary. A full assessment of land use along the project corridor would be performed.

In a 1978 NYSPSC opinion, an interim standard for electric field strength was set at 1.6 kV/m for Article VII transmission lines. This value is the maximum allowed at the maximum voltage for which the line is rated, at one meter above ground level at the edge of the ROW. A maximum allowable magnetic field strength of 200mG at the lowest point of conductor sag at the edge of the ROW was subsequently established by the NYPSC in 1990. [for comparative purposes the earth’s magnetic field at its surface is typically between 0.31 and 0.58 gauss, which is

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roughly three times the acceptable field strength of the standard.] The Applicant would ensure its final design would comply with all NYPSC standards.

Lastly, a component of the public outreach approach would include education of stakeholders in the sources and characteristics of EMF, and the steps being taken within the project to ensure that exposure of the public to EMF is minimized.

3.11 Socioeconomics

3.11.1 Existing Environment The areas crossed by the proposed project route exhibit a wide variety of demographic and social characteristics. Municipalities potentially impacted by the proposed route range from urban areas to small rural hamlets. Some communities (e.g., the town of Middletown) were defined in the U.S. Census Bureau’s 2010 Census of Population and Housing as being almost entirely urban areas, while other communities (e.g., the town of Livingston) were defined as being almost entirely rural areas (see Table 3-25).

Incomes in the affected municipalities also exhibit a wide range of variation. Per capita income in these communities ranges from a high of $48,465 in the town of Clinton to a low of $23,027 in the town of Middletown. Similarly, median household income ranges from a high of $100,089 in the town of Hamptonburgh to a low of $52,429 in the town of Livingston (see Table 3-25).

Unemployment rates in the impacted counties show similar levels of variation, with Greene County experiencing the highest average annual unemployment rate (10.3%) and Orange County experiencing the lowest average annual unemployment rate (8.3%) in 2013 (see Table 3-25).

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Table 3-25 Selected Demographic and Economic Characteristics of Counties and Municipalities Crossed by the Proposed Project 2013 Annual 2013 Unemployment 2010 2013 Per Median 2013 Rate Percent Capita Household Annual (not seasonally County/ Total Urban Income Income Labor adjusted) Municipality Population1 (%)2 ($) ($) Force (%) Leeds to Athens to Pleasant Valley Greene County 48,928 26.86 25,700 49,655 22,225 10.3 Athens 4,057 5.84 26,599 55,867 1,944 13.2 Leeds to Pleasant Valley Columbia County 62,674 26.7 33,613 57,336 32,616 8.9 Greenport 4,119 70.5 28,820 44,401 2,113 8.5 Livingston 3,619 0 26,505 52,429 1,956 6.3 Clermont 1,933 0 31,966 63,276 1,048 7.2 Dutchess County 297,385 74.6 33,594 72,525 157,104 9.4 Milan 2,418 0 37,627 65,529 1,286 8.6 Clinton 4,312 0 48,465 92,117 2,193 6.8 Hyde Park 21,514 69.8 32,536 72,700 11,717 7.4 Pleasant Valley 9,672 52.3 34,325 77,427 5,746 11.6 CPV Valley Tap to Rock Tavern Orange County 373,902 77.66 30,583 70,458 186,406 8.3 Middletown 27,783 100 23,027 53,446 15,117 13.0 Wawayanda 7,260 26.1 33,999 85,750 4,265 11.4 Goshen 13,669 64.3 35,700 84,217 6,420 9.0 Wallkill 27,693 76 29,337 67,066 14,956 9.8 Hamptonburgh 5,554 22.5 26,599 100,089 1,944 13.2 New Windsor 25,496 95 32,098 72,314 13,495 6.9 Sources: American Community Survey 2013 and US Census Bureau 2010. Note: 1) Total Population is 2013 population reported by 2013 American Community Survey. 2) 2010 Percent Urban Population calculated using 2010 U.S. Census data.

3.11.2 Environmental Impacts After completion of the project, local socioeconomic conditions would remain unchanged. At this time, proposed reconductoring techniques for the three components of the project addressed in this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.).

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Additional socioeconomic analysis would be conducted to identify the locations of minority and low-income populations in the project area to determine the potential for environmental justice issues to occur. To complete this analysis, areas designated by NYSDEC as having potential environmental justice areas would be identified. Where necessary, geographic information system (GIS) technology would be used to identify all the census block groups and census blocks that are crossed by the proposed transmission line route, and data from the 2010 Census of Popula- tion and Housing and the American Community Survey would be collected to determine whether these census geographies contain minority or low-income populations.

Data on the construction and operational work forces that would be necessary to complete and operate this project would be provided, and the overall impact of the additional jobs on the local and regional economies would be determined. In the case of the temporary construction jobs, the overall impact on the supply of hotels/motels rooms, rental accommodations, and RV trailer sites in the affected areas would be assessed. The impacts from construction and operational spending on the regional economy would also be assessed, and the indirect or induced economic impacts would be identified.

In addition, in conjunction with the land use analysis, potential changes in the residential, commercial, and industrial real estate markets that would result from project activities would be identified and evaluated. Any expected changes in existing land use patterns that would likely occur would be assessed.

Fiscal impacts on counties and municipalities along the proposed project route would also be assessed. Expenditures for the construction of transmission lines are exempt from New York State’s sales and use tax; however, transmission companies are responsible for local ad valorem property taxes. Current local ad valorem tax rates would be applied to the projected assessed value of the proposed project within the appropriate jurisdictions to determine the total impact on local tax revenues.

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3.12 Utilities, Infrastructure, and Communications

3.12.1 Utilities and Infrastructure The proposed route would cross a total of 19 existing transmission lines. Table 3-26 shows the number of transmission line crossings that would occur, by section, and mapping provided in at- tached exhibits show the location of these existing transmission lines that would be traversed along the proposed route. Additionally, 12 pipelines would be cross the proposed project route, which are identified in Table 3-27.

During the final design phase, additional ground-truthing would occur to ensure the exact locations of any existing transmission lines are identified. Owners of existing transmission lines that would be crossed by the proposed line would be consulted to ensure that construction and operation of the new line would not affect these facilities and would cause no service interruptions.

Table 3-26 Transmission Lines Crossed by the Proposed Project Route Leeds to CPV Valley Athens to Leeds to Tap to Pleasant Pleasant Rock Transmission Line Owner Valley Valley Tavern Central Hudson Gas & Electric 0 7 0 Corp. New York Regional Interconnect, 0 0 1 Inc. Niagara Mohawk, a National Grid 1 4 0 Company Orange & Rockland Utilities, Inc. 0 0 1 Transmission Developers, Inc. 0 1 0 Unknown 0 2 2 Total 1 14 4

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Table 3-27 Pipelines Crossed by the Proposed Project Route Leeds to CPV Valley Athens to Leeds to Tap to Pleasant Pleasant Rock Transmission Line Owner Valley Valley Tavern Iroquois Gas Corporation 0 12 0 Total 0 12 0

Additionally, the location of any aqueducts servicing the New York City Water Supply System would be identified. Construction and operational activities would be designed to avoid any impact on this infrastructure.

3.12.2 Communications – PSC Exhibit E-5 According to Federal Communication Commission (FCC) databases, there are 49 Antenna Struc- ture Registration (ASR) towers; eight AM radio towers; 20 FM towers; 11 Cellular towers; eight land mobile (LM) broadcast towers; 33 LM commercial towers; 554 LM private towers; 1 MDS ITFS tower; 101 microwave towers; nine paging towers; and 1 TV NTSC tower within 5-miles of the centerline of the proposed Project route. Table 3-35 provides a list, of the communication towers that are within 1 mile of the centerline of the route.

Table 3-35 Communication Towers Located within 1 Mile of the Proposed Route Distance from Closest Centerline Number of Milepost (miles) Towers Athens to Leeds LM Private Towers CSX Transportation Inc. 0.4100 0.3898 1 New Athens Generating 0.0000 0.9819 1 Company, LLC New Athens Generating 0.0000 0.9819 1 Company, LLC Leeds to Pleasant Valley ASR Towers

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Table 3-35 Communication Towers Located within 1 Mile of the Proposed Route Distance from Closest Centerline Number of Milepost (miles) Towers Central Hudson Gas and Elec- 35.4633 0.6457 1 tric Corporation Egar Communications 6.4080 0.4874 1 Cellular Towers Orange County-Poughkeepsie 23.4519 0.1781 1 Limited Partnership New Cingular Wireless PCS, 23.3898 0.1629 1 LLC LM Commercial Towers Nextel License Holdings 4, 23.4312 0.1782 1 Inc. Nextel of New York, Inc. 23.4312 0.1628 1 USA Mobility Wireless, Inc. 6.4453 0.6101 1 LM Private Towers Consolidated Edison Compa- 39.3939 0.0853 1 ny of New York, Inc. Consolidated Edison Compa- 39.3939 0.853 1 ny of New York, Inc. Arlington Central School Dis- 38.7816 0.2761 1 trict Ardsley, Village of 38.3339 0.1937 1 Central Hudson Gas and Elec- 35.4633 0.6457 1 tric Corporation Central Hudson Gas and Elec- 35.9774 0.0673 1 tric Corporation Hyde Park Central School 35.4030 0.3642 1 District Omega Institute for Holistic 28.3044 0.2693 1 Studies James Harris Transport, Inc. 26.2215 0.8323 1 Dutchess, County of 23.3898 0.1629 1 Dutchess, County of 23.3898 0.1629 1 Dutchess, County of 23.3898 0.1629 1 New York State Office of 18.1599 0.9700 1 Children and Family Services New York State Office of 18.1599 0.9700 1 Children and Family Services

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Table 3-35 Communication Towers Located within 1 Mile of the Proposed Route Distance from Closest Centerline Number of Milepost (miles) Towers New York State Office of 18.1197 0.8907 1 Children and Family Services Livingston, Town of 9.6951 0.5136 1 John A Alvarez and Sons, Inc. 6.5523 0.7462 1 Borwegen Tucking, Inc. 6.5523 0.7462 1 Greenport Rescue Squad, Inc. 6.5523 0.7462 Valley Oil Co. Inc. 6.5523 0.7462 1 Northern Dutchess Paramed- 6.5523 0.7462 1 ics, Inc. Columbia, County of 6.4453 0.6101 1 Columbia, County of 6.4453 0.6101 1 New York Communications 6.4453 0.6101 1 Co., Inc. Albany Communications, Ltd. 6.4453 0.6101 1 Diederich, Thomas E. 6.4453 0.6101 1 New York Communications 6.4453 0.6101 1 Co., Inc. New York Communications 6.4453 0.6101 1 Co., Inc. Greenport Fire District 5.6259 0.3542 1 Bard College 5.6479 0.5436 1 Bard College 5.6479 0.5436 1 Bonded Concrete 5.4510 0.2696 1 Bonded Concrete 5.4510 0.2696 1 Columbia Greene Community 4.6032 0.7431 1 College Greenport, Town of 4.2197 0.1846 1 New York State Department 2.8369 0.8051 1 of Correctional Services Columbia, County of Sher- 2.5358 0.9590 1 iff’s Department CSX Transportation, Inc. 2.5358 0.7878 1 Athens, Village of 1.4660 0.5192 1 CSX Transportation, Inc. 0.0488 0.3908 1 New Athens Generating 0.0000 0.5232 1 Company, LLC New Athens Generating 0.0000 0.5232 1

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Table 3-35 Communication Towers Located within 1 Mile of the Proposed Route Distance from Closest Centerline Number of Milepost (miles) Towers Company, LLC Microwave Towers Orange County-Poughkeepsie 23.4381 0.1782 1 Limited Partnership Cellco Partnership 23.4381 0.1782 1 Dutchess, County of 23.3898 0.1629 1 Dutchess County Emergency 23.3898 0.1629 1 Response Columbia, County of 6.4393 0.6188 1 Columbia, County of 6.4393 0.6188 1 Columbia, County of 6.4393 0.6138 1 Regional Emergency Medical 6.4282 0.6377 1 Organization Regional Emergency Medical 6.4282 0.6377 1 Organization CPV Valley Tap to Rock Tavern ASR Towers Orange and Rockland Utili- 13.3167 0.7893 1 ties, Inc. American Towers, Inc. 2.7404 0.9829 1 LM Commercial Towers Nextel of New York, Inc. 12.1627 0.8079 1 LM Private Towers Mid Hudson Psychiatric Cen- 12.1627 0.8182 1 ter New Hampton Fire District 13.5613 0.7336 1 New Hampton Fire District 13.5613 0.7336 1 Wedgate, LLC 14.0897 0.4166 1 Look’n Good and Tast’n Bet- 14.0034 0.6727 1 ter, Inc. Orange and Rockland Utili- 13.3117 0.7877 1 ties, Inc. Consolidated Edison Compa- 13.3117 0.7877 1 ny of New York, Inc. MC Middletown, LLC 13.9062 0.8052 1 Mid Hudson Psychiatric Cen- 12.8775 0.8319 1 ter

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Table 3-35 Communication Towers Located within 1 Mile of the Proposed Route Distance from Closest Centerline Number of Milepost (miles) Towers New York, State of 12.8775 0.8319 1 Mid Hudson Psychiatric Cen- 12.8775 0.8319 1 ter Mid Hudson Psychiatric Cen- 12.8775 0.8319 1 ter Mid Hudson Psychiatric Cen- 12.8775 0.8319 1 ter Mid Hudson Psychiatric Cen- 12.8775 0.8319 1 ter Norfolk Southern Railway 4.4680 0.0492 1 Company Metro North Commuter Rail- 4.4221 0.0552 1 road Hamptonburgh, Town of 4.7636 0.3531 1 New York, State of 4.6152 0.2544 1 Maybrook Fire District 3.4205 0.4395 1 Hamptonburgh Fire District 3.4205 0.4395 1 Osram Sylvania Corporation 1.0285 0.9507 1 Maybrook, Village of 1.0053 0.9894 1

During final engineering design, Boundless would ensure that no adverse effects on communications would occur during the construction or operation phases. Applicable sections of the Na- tional Electrical Safety Code (NESC) would be complied with to ensure that an appropriate spac- ing between electrical and communication cables are maintained. In addition, Boundless would contact all owners of existing nearby communication facilities to ensure that proper clearance is maintained between the proposed transmission line and existing facilities.

While impacts are unlikely, Boundless would take steps during the final design phase that would ensure that noise resulting from the corona that would be generated around the new transmission line would not interfere with radio or television broadcasts. Communication facility owners lo-

Boundless Energy NE, LLC 69 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 cated near the proposed route would be consulted, and appropriate mitigation measures would be undertaken if deemed necessary.

3.13 Transportation

Roads The proposed project would include 19 road crossing, including 12 major roads and 7 minor roads. See Table 3-29 for a list of all major road crossings that would occur under the proposed transmission route, by section.

Interstate 84 (I-84) east and west would be crossed once each in the CPV Valley Tap to Rock Tavern section. One federal highway, US-9, would be impacted by the proposed transmission route. In addition, a total of eight New York State Highways would be crossed, including four crossings in the Leeds to Pleasant Valley section; and five crossings in the CPV Valley Tap to Rock Tavern section (NY-207 would be crossed twice in this section). In addition, six minor road crossings would occur in the Leeds to Pleasant Valley section and one minor road crossing would occur in the CPV Valley Tap to Rock Tavern section (see Table 3-29).

Table 3-29 Road Crossings Leeds to Athens to CPV Valley Pleasant Leeds to Tap to Rock Valley Pleasant Valley Tavern I-84 E 0 0 1 I-84 W 0 0 1 Total 0 0 2 US-9 0 1 0 Total 0 1 0 NY-9G 0 1 0 NY-17 E 0 0 1 NY-17 W 0 0 1 NY-23 0 1 0

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Table 3-29 Road Crossings Leeds to Athens to CPV Valley Pleasant Leeds to Tap to Rock Valley Pleasant Valley Tavern NY-199 0 1 0 NY-207 0 0 2 NY-208 0 0 1 NY-385 0 1 0 Total 0 4 5 Dolson Avenue 0 0 1 E Kerley Corners Road 0 1 0 Leeds Athens Road 0 1 0 Netherwood Road 0 1 0 Salt Point Turnpike 0 1 0 Slate Quarry Road 0 1 0 Van Wagner Road 0 1 0 Total 0 6 1 Total Major Roads 0 5 7 Total Minor Roads 0 6 1 Total Road Crossings 0 11 8

Throughout the construction phase of the project, access to the ROW would occur along these public road crossings. Specific access locations would be determined at a later date, with safety and traffic congestion issues taken into account. Local government authorities would be contacted before specific traffic control measures and potential road closures are determined, and local ordinances would be followed. The final design would identify such things as specific construction entrances, temporary storage locations, traffic control measures, and possible road closure locations.

In addition, the New York State Department of Transportation would be contacted, a plan show- ing details for the proposed crossings and a Highway Work Permit Application for Utility Work would be submitted for all construction activity that would occur along a New York State highway ROW or a federal highway ROW. All construction activities would conform with 17 NYCRR Part 131 NYCRR (Accommodation of Utilities Within State Highway Rights-of-Way)

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and any additional rules set forth in the “Method of Performing Work within the Highway ROW” and “Electric Light or Power Lines Crossing Highways: Methods for Performing Work.”

Airports One airport and one heliport are located within a 1-mile radius of the centerline of the proposed ROW (see Table 3-30). The Phillipsburgh Landing heliport is located 0.44 miles north of the proposed centerline, at Milepost 10.46 of the CPV Valley Tap to Rock Tavern section. This is a private heliport with a 50 x 50 foot helipad. Randall Airport is located 0.79 miles north of the proposed centerline of the CPV Valley Tap to Rock Tavern section, at Milepost 11.78. The airport is privately operated with a 2,811-foot asphalt runway (Sky Vector 2015).

Table 3-30 Airports and Heliports within 1 mile of the Proposed Transmission Lines Distance from Center Line Type of Fa- Facility Milepost Town/City (miles) cility Ownership CPV Valley Tap to Rock Tavern Phillipsburgh 10.46 Middletown 0.44 Heliport Private Landing Randall 11.78 Middletown 0.79 Airport Private Source: FAA 2015.

The proposed project is not expected to cause an obstruction hazard to these airports/heliports as the proposed work would consist of reconductoring the CPV Valley Tap to Rock Tavern section. Nevertheless, the FAA would be consulted, and a feasibility study would be completed, if necessary, to determine whether the proposed project would have any potential impact with regard to obstruction hazards, airport operations, or navigable airspace. Any routes deemed to be an obstruction by the FAA would either be modified to avoid causing an obstruction or would be re- moved from the project.

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Railroads The proposed project would result in a total of two railroad crossings (see Table 3-31). Railroad lines owned by Norfolk Southern would be impacted. Railroad lines would be crossed twice in the CPV Valley Tap to Rock Tavern section. No railroad crossings would occur in the Leeds to Athens to Pleasant Valley or Leeds to Pleasant Valley sections.

Table 3-31 List of Railroad Crossings by Transmission Line Section Number of Section Railroad Owner Crossings CPV Valley Tap to Rock Tavern Norfolk Southern 2 Total Railroad Crossings 2

During the construction and operation phases, steps would be taken to ensure that there would be no disruption of rail service. Railroad owners and operators would be consulted to identify any unique construction or operational requirements that would be necessary to avoid any negative impacts on rail infrastructure or rail service.

Navigable Waters The Hudson River, the only navigable water (as defined by the U.S Army Corps of Engineers) that would be impacted by the project, would be crossed once. The crossing would be made at MP 1.7 to 2.2 in the Leeds to Pleasant Valley section.

The U.S. Army Corps of Engineers would be consulted and, if necessary, a Rivers and Harbors Act Section 10 – Permit for Work in Navigable Waters would be obtained.

3.14 Storm Resiliency and Climate Change New York Rising is a program put in place following the Events of Hurricanes Irene and Tropi- cal Storm Lee in 2011 to encourage communities to develop more modern and effective resiliency plans, due to the high damages and costs associated with these and other similar events. These plans are intended to better prepare for such extreme weather events and are to be tailored

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to each community and their unique environments and hazard level. This program offers grant funding to communities for implementation and planning of mitigation measures that rehabilitate and support the preservation of natural flood plain areas, and engineering solutions that mitigate damage to extreme events. This program also assists these communities in developing these resiliency plans by providing recommended action plans, as well as sample case studies from other communities across the world to provide examples of how others manage similar concerns. Some of the communities within the Hudson River corridor have already implemented resiliency plans in cooperation with NY Rising, and others are still in the process of developing their own resiliency plans in cooperation with the program. The communities within the Boundless project area that are currently developing resiliency plans with NY Rising are the Town of Saugerties, Town of Wallkill, and the City of Middleton.

Other programs across New York State also seek to encourage resiliency in the Hudson River communities and in the River basin itself. Programs such as the Hudson River Estuary Program, the Climate Smart Communities Pledge, Revitalizing Hudson Riverfront, Mid-Hudson Regional Sustainability Plan, and organizations such as the NYS Department of Environmental Conserva- tion, Riverkeeper, and the National Resource Conservation service are all working toward the natural improvement of the Hudson and the surrounding communities. All of these organizations and projects seek to improve upon the health and sustainability of the Hudson River system, all while encouraging the local communities to do much the same in ways of maintaining healthy development. This work all results in greater awareness and understanding of extreme events and provides a framework to manage the various impacts of climate change, all of which can be used to lessen the impact of these occurrences and boost resiliency.

The project utilized existing current infrastructure and therefore would not impact natural floodplains. Also the majority of the project area is not contained within either 100 year or 500 year flood zones, and most of these crossings are for a small span of the existing utility line. At this time, proposed reconductoring techniques for the three components of the project addressed in

Boundless Energy NE, LLC 74 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461 this filing, Leeds to Athens to Pleasant Valley, Leeds to Pleasant Valley, and CPV Valley Tap to Rock Tavern, include aerial reconductoring of existing infrastructure where necessary, utilizing all existing transmission poles (monopoles, lattice, etc.). As such, no ground disturbance would be expected to occur, therefore, no impacts to floodplains and protective areas would occur as a result of construction and operation of the project.

Moving forward it is anticipated that there will be increased resiliency effort from the communities within the project area with programs such as NY Rising and the Hudson River Estuary Pro- gram. This increased effort coupled with the negligible impact from the Boundless proposal works to improve upon resiliency in the project area, by not impacting natural features that serve as valuable flood plains for the health and sustainability of the Hudson River system. It is the responsibility of the different communities to promote projects like as Boundless that require little to no impact on further development, to maintain the health of the area and long term resiliency efforts.

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4.0 References

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Boundless Energy NE, LLC 83 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 13-T-0461

Chapter 1

Exhibit 1 Municipal Zoning, Flood Zones, Coastal Zones, and Streams

Provided under separate cover.

Boundless Energy NE, LLC 1-1 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 12-T-0502

Chapter 2

Exhibit 2 Public Lands, Wetlands, Streams, and Energy Infrastructure

Provided under separate cover.

Boundless Energy NE, LLC 2-1 Article VII Initial Application Materials Leeds Path West AC Transmission Project Case 12-T-0502