Draft Champlain Hudson Power Express EIS 3. Affected Environment This section provides a description of the existing environment within the proposed CHPE Project area. To facilitate discussion, this EIS divides the approximately 336-mile (541-km) proposed transmission line route into four segments: Lake Champlain Segment (Section 3.1), Overland Segment (Section 3.2), Hudson River Segment (Section 3.3), and New York City Metropolitan Area Segment (Section 3.4). This division is based on geographical and environmental similarities along the route, as described in Section 2.4.1. The Lake Champlain and Hudson River segments contain primarily aquatic corridors, the Overland Segment contains primarily terrestrial corridors, and the New York City Metropolitan Area Segment is a combination of aquatic and terrestrial corridors. The potential impacts associated with constructing and operating the proposed CHPE Project are discussed in Chapter 5 based on the environmental resource areas described in the following sections. Brief definitions of each resource area; laws, regulations, and guidelines potentially applicable to the resource; and existing conditions are discussed for each segment, as appropriate. A region of influence (ROI) for each resource area in which impacts would likely occur is also defined. The ROIs were determined based on regulatory requirements, where applicable, combined with the expected maximum area of measurable construction or operational impacts for that particular resource. 3.1 Lake Champlain Segment 3.1.1 Land Use 3.1.1.1 Background on the Resource Area This section describes existing land uses in the vicinity of the proposed CHPE Project route, and land use plans and policies applicable to the proposed CHPE Project area. General land use categories have been classified along the proposed CHPE Project route based on review of aerial photographs, site visits to selected locations along the proposed route, and data from the New York State Geographic Information System (GIS) Clearinghouse (CHPEI 2012i). The applicable land use plans are identified in Sections 3.1.1.2, 3.2.1, 3.3.1, and 3.4.1, and relevant individual policies and the associated consistency analysis are in Exhibit 121 of the Joint Proposal. The NYSPSC issued a Certificate for the proposed CHPE Project on April 18, 2013. Conditions that the Applicant must meet in order to maintain compliance with the Certificate (i.e., Certificate Conditions) are attached to the Certificate (see Appendix C). This information is applicable to land use because the proposed CHPE Project would not need to comply with local zoning ordinances because the Applicant has requested that the NYSPSC exempt the Project from them. Exhibit 115 of the Joint Proposal identifies the local zoning ordinances that the Applicant requested be waived by the NYSPSC. The NYSPSC granted these waivers in the Certificate (see Appendix C). Therefore, the proposed CHPE Project’s consistency with local zoning ordinances is not described in detail in this section. The land use ROI for the proposed CHPE Project is the area within 50 feet (15 meters) on either side of the centerline of the transmission cables and within deviation areas, when present (see Section 3.2.1). No deviation areas are present within the Lake Champlain Segment. This area was selected as the ROI because it includes the permanent easement (ROW) within which the transmission line would be operated and maintained and the temporary work areas that would be affected during construction (i.e., construction corridors). As the transmission line would be installed underground, land use impacts during the operational phase of the proposed CHPE Project would be restricted to the property containing U.S. Department of Energy September 2013 3-1 Draft Champlain Hudson Power Express EIS the transmission line. Adjacent land uses outside the permanent transmission line ROW would be affected, but only for a short time period during the construction process. Table 2-1 identifies the construction corridors along the proposed CHPE Project route. The ROI for land use is entirely within New York State. 3.1.1.2 Proposed CHPE Project The Lake Champlain Segment would be located in Clinton and Essex counties. The proposed CHPE Project would be located in seven communities in Clinton County (Village of Rouses Point; Town of Champlain; Town of Chazy; City of Plattsburg; and towns of Beekmantown, Peru, and Ausable); seven communities in Essex County (towns of Chesterfield, Willsboro, Essex, Westport, Moriah, Crown Point, and Ticonderoga); and two communities in Washington County (towns of Putnam and Dresden). While New York State assumes ownership of and has jurisdiction over development of submerged lands within Lake Champlain below the high water line, local municipalities include portions of the lake within their planning boundaries. Appendix A presents a detailed map atlas of the proposed CHPE Project route corridor and shows the municipalities crossed by the route, and general land uses in the vicinity. Land Use Table F.2-1 in Appendix F.2 identifies that the only general land use (i.e., land cover type) within the ROI in the Lake Champlain Segment is open water. Land Uses. General uses within Lake Champlain include recreation (e.g., fishing, boating, swimming, and water sports) and other water-dependent uses such as transportation via ferry services. Ferry services in this segment include three Lake Champlain Ferry crossings (Grand Isle, Vermont-Plattsburgh, New York; Burlington, Vermont-Port Kent, New York; Charlotte, Vermont-Essex, New York), Fort Ticonderoga Ferry crossing (Ticonderoga, New York-Shoreham, Vermont), Federal Navigation Channel in the vicinity of the towns of Putnam and Dresden, and the presence or crossing of utility services infrastructure (CHPEI 2012b). See Sections 3.1.13, 3.1.2, and 3.1.12 respectively for more information on these uses. The Lake Champlain Segment route is entirely aquatic; therefore, it is not used for agriculture. The ROI does not encompass any agricultural districts or prime or unique farmland as designated by the Natural Resources Conservation Service (NRCS). Land Use Plans and Policies. Because the proposed CHPE Project would be entirely submerged under Lake Champlain in this segment, most land use plans and policies would not be relevant. The following paragraphs identify the plans that might be relevant to the proposed CHPE Project in the Lake Champlain Segment. Exhibit 121 of the Joint Proposal has a list of all land use policies that might be relevant to the proposed CHPE Project. New York Coastal Zone Management Policies. Pursuant to the CZMA, the New York State Legislature passed the Waterfront Revitalization and Coastal Resources Act (Executive Law, Article 42, Waterfront Revitalization of Coastal Areas and Inland Waterways), which forms the basis for coordinating all state actions affecting the coastal area. In New York State, the enforceable coastal policies are those in the New York State CMP and the policies of Local Waterfront Revitalization Programs (LWRPs). There are 44 enforceable policies under the New York State CMP to which all Federal and state agencies must adhere. The Applicant must certify to the NYSDOS that the proposed CHPE Project would be consistent with the New York State CMP. DOE cannot authorize the Presidential permit for the proposed CHPE Project prior to NYSDOS’s concurrence with the Applicant’s certification. As described in Section 3.3.1, a conditional consistency determination for the proposed CHPE Project has been issued by NYSDOS. Because Lake Champlain is an “inland waterway” and is not within New York State’s coastal zone as defined by the CZMA, Federal agency activities associated with the lake are not required to be consistent with the state’s CMP. Consistency with the applicable Lake Champlain LWRPs is considered in this EIS. U.S. Department of Energy September 2013 3-2 Draft Champlain Hudson Power Express EIS Local Waterfront Revitalization Programs. Article 42 of Waterfront Revitalization of Coastal New York Executive Law authorizes local communities Areas and Inland Waterways that border coastal areas and designated inland Article 42 of New York Executive Law waterways, such as Lake Champlain, to participate in the authorizes local communities that New York State CMP through the development and border coastal areas and implementation of LWRPs. LWRPs supplement the New designated inland waterways to York State CMP by defining area-specific goals and participate in the New York State needs at the local level. An LWRP consists of a plan to CMP through the development and preserve, enhance, protect, develop, and use a implementation of LWRPs. LWRPs community’s waterfront in which critical issues are supplement the New York State CMP addressed; and a program to implement the plan. In by defining area-specific goals and addition to area-specific policies, LWRPs must either needs at the local level. An LWRP incorporate the 44 enforceable polices of the state CMP or consists of a plan to preserve, determine they are not applicable. Some LWRPs have enhance, protect, develop and use also enacted permit requirements regulating activities a community’s waterfront in which within designated LWRP zones. In accordance with New critical issues are addressed; and a York State Public Service Law, Section 130, the proposed program to implement the plan. CHPE Project is exempt from obtaining local permits and approvals associated with LWRPs; however, the exemption does not apply to the LWRP provisions. Projects that could impact coastal areas or inland waterways, such as the proposed CHPE Project, must be reviewed for consistency with the LWRPs. One local municipality (Town of Essex) within the Lake Champlain Segment has an LWRP. The Town of Essex LWRP also includes a Harbor Management Plan. The Applicant submitted a coastal zone consistency certification assessment and accompanying forms to the NYSDOS starting in December 2010. See the Coastal Zone Consistency Documentation in Appendix F.1 for a list of enforceable coastal policies within the LWRP that might be relevant and the Applicant’s consistency assessment.