SECTION 10. BUFFERS [10-1](#buffers)

10.A Importance of ROW Vegetation Maintenance
[10-3](#importance-of-row-vegetation-maintenance)

10.B Basis for BHE's Buffer Designs
[10-5](#basis-for-bhes-buffer-designs)

10.C Typical ROW Buffer [10-6](#typical-row-buffer)

10.C.1 Typical ROW Clearing Procedures
[10-6](#typical-row-clearing-procedures)

10.C.2 Typical ROW Maintenance Procedures
[10-6](#typical-row-maintenance-procedures)

10.D Standard Waterbody Buffers [10-10](#standard-waterbody-buffers)

10.D.1 Standard Waterbody Buffers Along MEPCO ROW
[10-10](#standard-waterbody-buffers-along-mepco-row)

10.D.2 Standard Waterbody Buffers Beyond MEPCO ROW
[10-13](#standard-waterbody-buffers-beyond-mepco-row)

10.D.3 Structure Placement [10-13](#structure-placement)

10.D.4 Standard Waterbody Buffer Clearing Procedures
[10-13](#standard-waterbody-buffer-clearing-procedures)

10.D.5 Standard Waterbody Buffer Maintenance Restrictions
[10-15](#standard-waterbody-buffer-maintenance-restrictions)

10.E Salmon Stream Buffers [10-16](#salmon-stream-buffers)

10.E.1 Structure Placement [10-16](#structure-placement-1)

10.E.2 Salmon Habitat Stream Buffer Clearing Procedures
[10-17](#salmon-habitat-stream-buffer-clearing-procedures)

10.E.3 Salmon Habitat Stream Buffer Maintenance Restrictions
[10-18](#salmon-habitat-stream-buffer-maintenance-restrictions)

10.E.4 Modified Salmon Stream Buffers
[10-18](#modified-salmon-stream-buffers)

10.F Visual Buffers [10-18](#visual-buffers)

10.F.1 The Narraguagus and Machias River Visual Screens
[10-21](#the-narraguagus-and-machias-river-visual-screens)

10.F.2 The St. Croix River Visual Screen
[10-23](#the-st.-croix-river-visual-screen)

10.G NRI Vegetation Maintenance Plan
[10-23](#nri-vegetation-maintenance-plan)

TABLES

10-1. NRI Buffer Summary [10-2](#__RefHeading___Toc102485286)

FIGURES

[10-1. Typical ROW Vegetation Clearing/Maintenance
10-8](#__RefHeading___Toc102485358)

[10-2. Salmon Stream Buffer Vegetation Clearing/Maintenance Prior to
Periodic Maintenance 10-19](#__RefHeading___Toc102485359)

[10-3. Salmon Stream Buffer Vegetation Clearing/Maintenance Following
Periodic Maintenance 10-20](#__RefHeading___Toc102485360)

**APPENDICES**

aPPENDIX 10-1: Nri pOST-CONSTRUCTION right-of-way VEGETATION MAINTENANCE
PLAN

#  BUFFERS

Vegetated buffer strips are an important means for maintaining the water
quality of surface waterbodies and also provide habitat and travel
corridors for wildlife between habitats. Vegetated buffers are also
effective, attractive ways to provide visual screening of development.
Although the Northeast Reliability Interconnect (NRI) will be
continuously vegetated with grass and shrubs, several methods will be
used to maintain vegetated buffers along Bangor Hydro-Electric Company's
(BHE) NRI. Buffers for the NRI will include (i) the typical right-of-way
(ROW) buffer created during typical ROW clearing and follow-up
vegetation maintenance; (ii) standard waterbody buffers at streams and
other waterbody crossings created by selective ROW clearing during
construction and reduced cutting of vegetation during maintenance and
operation of the line; (iii) salmon stream buffers at nine designated
salmon habitat stream crossings that combine strategic placement of
structures, selective ROW clearing during construction and minimal
cutting of vegetation during maintenance and operation of the line; and
(iv) enhanced visual buffers at the ROW crossings of the Narraguagus,
Machias and St. Croix Rivers. A variation of the salmon stream buffer
will also apply to certain streams in the Narraguagus, Machias and East
Machias River watersheds.

The desired objectives, characteristics and methods of development and
maintenance of these buffers are described in this section. The
vegetation cutting practices used to create and maintain buffers range
from very limited, selective, hand cutting to normal mechanized clearing
and selective use of herbicides. The specific methods to be utilized
along the ROW have been developed by BHE, tailored to meet the desired
buffer objectives in a manner that provides a clear, achievable set of
standards for construction and maintenance personnel. BHE will maintain
these buffers in accordance with the project-specific Northeast
Reliability Interconnect Post-Construction Right-of-Way Vegetation
Maintenance Plan (the NRI Vegetation Maintenance Plan), which is
provided in Appendix 10-1 of this application.

The existing vegetation within the area to be modified at the Orrington
Substation will be removed and covered with new substation structures or
crushed stone and surrounded by a chain-link fence. Two, short gravel
access roads and modifications to an existing retention pond will be
constructed outside the fence. Disturbed, previously vegetated areas
outside the fence will be restored to original contours and stabilized
with permanent grass cover following construction. The small change in
stormwater runoff characteristics within the modified area will be
managed in accordance with Maine stormwater regulations, as discussed in
detail in Section 12, Stormwater Management. The addition of
approximately 0.8 acre of new impervious surface to accommodate the new
substation equipment required by the NRI project to the Orrington
Substation is minor in contrast to the existing substation that covers
approximately 7.3 acres. There will be no significant change in the
visual impact or impacts to protected resources that will result from
the modifications to the substation. Therefore, no visual buffers are
proposed at the Orrington Substation.

Table 10-1, below, summarizes the five basic types of buffers proposed
for the NRI project ROW and the clearing and maintenance practices that
will be implemented to maintain each type of buffer. Additional details
and variations are provided in the remainder of this section and in the
NRI Vegetation Maintenance Plan.

+-----+---------+--------+-------------+-------------+-------+------+
| [   |         |        |             |             |       |      |
| ]{# |         |        |             |             |       |      |
| __R |         |        |             |             |       |      |
| efH |         |        |             |             |       |      |
| ead |         |        |             |             |       |      |
| ing |         |        |             |             |       |      |
| ___ |         |        |             |             |       |      |
| Toc |         |        |             |             |       |      |
| 102 |         |        |             |             |       |      |
| 485 |         |        |             |             |       |      |
| 286 |         |        |             |             |       |      |
| .   |         |        |             |             |       |      |
| anc |         |        |             |             |       |      |
| hor |         |        |             |             |       |      |
| }Ta |         |        |             |             |       |      |
| ble |         |        |             |             |       |      |
| 10  |         |        |             |             |       |      |
| -1. |         |        |             |             |       |      |
| NRI |         |        |             |             |       |      |
| Buf |         |        |             |             |       |      |
| fer |         |        |             |             |       |      |
| S   |         |        |             |             |       |      |
| umm |         |        |             |             |       |      |
| ary |         |        |             |             |       |      |
+=====+=========+========+=============+=============+=======+======+
| **  | **Loc   | **     | *           | **Cutting** | **P   | **H  |
| Nam | ation** | Buffer | *Clearing** |             | ole** | erbi |
| e** |         | W      |             | **During    |       | cide |
|     |         | idth** | **During    | Maintenance | **P   | U    |
|     |         |        | Constr      | and         | lacem | se** |
|     |         |        | uction^1^** | Ope         | ent** |      |
|     |         |        |             | ration^1^** |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
| T   | All     | Not    | Cut at      | Cut at      | Sta   | All  |
| ypi | areas   | appl   | ground      | ground      | ndard | owed |
| cal | not     | icable | level all   | level all   |       |      |
| ROW | ot      |        | vegetation  | capable     |       |      |
|     | herwise |        | that is     | species     |       |      |
|     | res     |        | greater     | that are    |       |      |
|     | tricted |        | than 2      | 8-10 feet   |       |      |
|     |         |        | inches      | or taller;  |       |      |
|     |         |        | dbh^2^;     | top all     |       |      |
|     |         |        | remove or   | other       |       |      |
|     |         |        | top all     | vegetation  |       |      |
|     |         |        | other       | that is     |       |      |
|     |         |        | vegetation  | greater     |       |      |
|     |         |        | that is     | than 8-10   |       |      |
|     |         |        | 8-10 feet   | feet or     |       |      |
|     |         |        | or taller   | taller      |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
| St  | P       | 25     | Cut at      | Cut at      | Not   | Not  |
| and | arallel | feet   | ground      | ground      | Al    | All  |
| ard | to      | on     | level all   | level all   | lowed | owed |
| Wat | e       | each   | capable     | capable     |       |      |
| erb | xisting | side   | species     | species     |       |      |
| ody | M       | of     | that are    | that are    |       |      |
| B   | EPCO^3^ | water  | 8-10 feet   | 8-10 feet   |       |      |
| uff | Row     | bodies | or taller;  | or taller;  |       |      |
| ers |         |        | no other    | no other    |       |      |
|     |         |        | vegetation  | vegetation  |       |      |
|     |         |        | is cut      | is cut      |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
|     | All     | 75     | Cut at      | Cut at      | Sta   | Not  |
|     | other   | feet   | ground      | ground      | ndard | All  |
|     | wate    | on     | level all   | level all   |       | owed |
|     | rbodies | each   | capable     | capable     |       |      |
|     | not     | side   | species     | species     |       |      |
|     | ot      | of     | that are    | that are    |       |      |
|     | herwise | water  | 8-10 feet   | 8-10 feet   |       |      |
|     | res     | bodies | or taller;  | or taller;  |       |      |
|     | tricted |        | no other    | no other    |       |      |
|     |         |        | vegetation  | vegetation  |       |      |
|     |         |        | is cut      | is cut      |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
| Sal | 7       | 75     | Top^5^ all  | Top^5^ all  | Not   | Not  |
| mon | ASC^4^  | feet   | capable     | capable     | All   | All  |
| H   | Special | on     | species     | species     | owed, | owed |
| abi | Concern | each   | that could  | that could  | but   |      |
| tat | Salmon  | side   | grow to     | grow to     | place |      |
| Str | Habitat | of     | within 15   | within 15   | as    |      |
| eam | Streams | s      | feet of a   | feet of a   | close |      |
| B   |         | treams | conductor   | conductor   | as    |      |
| uff |         |        | in the next | in the next | pos   |      |
| ers |         |        | 3-4 years;  | 3-4 years;  | sible |      |
|     |         |        | no other    | no other    |       |      |
|     |         |        | vegetation  | vegetation  |       |      |
|     |         |        | is cut      | is cut      |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
| Mo  | All     | 75     | Top^5^ all  | Top^5^ all  | Not   | Not  |
| dif | other   | feet   | capable     | capable     | Al    | All  |
| ied | streams | on     | species     | species     | lowed | owed |
| Sal | in      | each   | that could  | that could  |       |      |
| mon | Narra   | side   | grow to     | grow to     |       |      |
| Str | guagus, | of     | within 15   | within 15   |       |      |
| eam | M       | s      | feet of a   | feet of a   |       |      |
| B   | achias, | treams | conductor   | conductor   |       |      |
| uff | East    |        | in the next | in the next |       |      |
| ers | Machias |        | 3-4 years;  | 3-4 years;  |       |      |
|     | River   |        | no other    | no other    |       |      |
|     | Wat     |        | vegetation  | vegetation  |       |      |
|     | ersheds |        | is cut      | is cut      |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
| Vis | Narra   | Varies | Top^5^ all  | Top^5^ all  | Not   | Not  |
| ual | guagus, | 75-500 | capable     | capable     | Al    | All  |
| B   | M       | feet.  | species     | species     | lowed | owed |
| uff | achias, | See    | that could  | that could  |       |      |
| ers | St.     | s      | grow to     | grow to     |       |      |
|     | Croix   | ite-sp | within 15   | within 15   |       |      |
|     | Rivers  | ecific | feet of a   | feet of a   |       |      |
|     |         | descri | conductor   | conductor   |       |      |
|     |         | ptions | in the next | in the next |       |      |
|     |         |        | 3-4 years;  | 3-4 years;  |       |      |
|     |         |        | no other    | no other    |       |      |
|     |         |        | vegetation  | vegetation  |       |      |
|     |         |        | is cut      | is cut      |       |      |
+-----+---------+--------+-------------+-------------+-------+------+
| ^1^ |         |        |             |             |       |      |
| d   |         |        |             |             |       |      |
| ead |         |        |             |             |       |      |
| or  |         |        |             |             |       |      |
| dan |         |        |             |             |       |      |
| ger |         |        |             |             |       |      |
| t   |         |        |             |             |       |      |
| ees |         |        |             |             |       |      |
| are |         |        |             |             |       |      |
| r   |         |        |             |             |       |      |
| emo |         |        |             |             |       |      |
| ved |         |        |             |             |       |      |
| at  |         |        |             |             |       |      |
| any |         |        |             |             |       |      |
| t   |         |        |             |             |       |      |
| ime |         |        |             |             |       |      |
|     |         |        |             |             |       |      |
| ^2^ |         |        |             |             |       |      |
| dbh |         |        |             |             |       |      |
| =   |         |        |             |             |       |      |
| di  |         |        |             |             |       |      |
| ame |         |        |             |             |       |      |
| ter |         |        |             |             |       |      |
| at  |         |        |             |             |       |      |
| bre |         |        |             |             |       |      |
| ast |         |        |             |             |       |      |
| hei |         |        |             |             |       |      |
| ght |         |        |             |             |       |      |
|     |         |        |             |             |       |      |
| ^3^ |         |        |             |             |       |      |
| ME  |         |        |             |             |       |      |
| PCO |         |        |             |             |       |      |
| =   |         |        |             |             |       |      |
| Ma  |         |        |             |             |       |      |
| ine |         |        |             |             |       |      |
| El  |         |        |             |             |       |      |
| ect |         |        |             |             |       |      |
| ric |         |        |             |             |       |      |
| Po  |         |        |             |             |       |      |
| wer |         |        |             |             |       |      |
| C   |         |        |             |             |       |      |
| omp |         |        |             |             |       |      |
| any |         |        |             |             |       |      |
|     |         |        |             |             |       |      |
| ^4^ |         |        |             |             |       |      |
| ASC |         |        |             |             |       |      |
| =   |         |        |             |             |       |      |
| At  |         |        |             |             |       |      |
| lan |         |        |             |             |       |      |
| tic |         |        |             |             |       |      |
| Sal |         |        |             |             |       |      |
| mon |         |        |             |             |       |      |
| C   |         |        |             |             |       |      |
| omm |         |        |             |             |       |      |
| iss |         |        |             |             |       |      |
| ion |         |        |             |             |       |      |
|     |         |        |             |             |       |      |
| 5   |         |        |             |             |       |      |
| Cut |         |        |             |             |       |      |
| at  |         |        |             |             |       |      |
| gro |         |        |             |             |       |      |
| und |         |        |             |             |       |      |
| le  |         |        |             |             |       |      |
| vel |         |        |             |             |       |      |
| if  |         |        |             |             |       |      |
| t   |         |        |             |             |       |      |
| opp |         |        |             |             |       |      |
| ing |         |        |             |             |       |      |
| the |         |        |             |             |       |      |
| t   |         |        |             |             |       |      |
| ree |         |        |             |             |       |      |
| w   |         |        |             |             |       |      |
| ill |         |        |             |             |       |      |
| not |         |        |             |             |       |      |
| le  |         |        |             |             |       |      |
| ave |         |        |             |             |       |      |
| s   |         |        |             |             |       |      |
| uff |         |        |             |             |       |      |
| ici |         |        |             |             |       |      |
| ent |         |        |             |             |       |      |
| f   |         |        |             |             |       |      |
| oli |         |        |             |             |       |      |
| age |         |        |             |             |       |      |
| to  |         |        |             |             |       |      |
| s   |         |        |             |             |       |      |
| ust |         |        |             |             |       |      |
| ain |         |        |             |             |       |      |
| the |         |        |             |             |       |      |
| t   |         |        |             |             |       |      |
| ree |         |        |             |             |       |      |
+-----+---------+--------+-------------+-------------+-------+------+

## Importance of ROW Vegetation Maintenance

Routine vegetation maintenance of the NRI ROW is required to comply with
the New England Power Pool (NEPOOL) ROW Vegetation Maintenance Standards
(NEPOOL Vegetation Maintenance Standard)[^1], to maintain the integrity
and functionality of the line, to maintain access in case of emergency
repairs and to facilitate safety inspections. Clearing and trimming of
vegetation before it gets too close to electrical conductors is
essential to ensuring the safe, reliable and uninterrupted availability
of electrical power. For example, power outages may occur if trees or
other vegetation either come into contact with or get too close to the
conductors.[^2] Consistent with the NEPOOL operating procedures and to
ensure safe, reliable operation of a 345 kilovolt (kV) transmission
line, the vegetative maintenance plan must ensure there is a minimum
distance of 15 feet between any object and the conductor during all
phases of the maintenance cycles. Failure to do so may result in the
line short circuiting and/or line outages.

Indeed, inadequate tree trimming near transmission lines was a major
cause of the recent blackout that occurred in the United States and
Canada on August 14, 2003, and previous large scale blackouts in North
America. See U.S.-Canada Power System Outage Task Force Final Report on
the August 14, 2003 Blackout in the United States and Canada: Causes and
Recommendations, pp.17-21, 107, 154 (April, 2004) ("Task Force Report").
On August 14, 2003, large portions of the Midwest and Northeast United
States and Ontario, Canada, experienced a power blackout with
devastating consequences. An estimated 50 million people were without
power, which in some areas took up to four days to restore. Estimates of
the total costs of the blackout in the United States alone ranged from 4
billion dollars to 10 billion dollars. [Id.]{.underline} at 1. A joint
U.S.-Canada Power System Outage Task Force was established to
investigate the causes of the blackout and concluded that during the
afternoon of August 14, 2003, three separate 345 kV transmission lines
failed as a result of contact between a conductor and tree that
encroached into the required clearance height for those lines.
[Id.]{.underline} at 57-64. While not the sole cause, it was a major
initiating event of the blackout. Not surprisingly, the Task Force
included among its recommendations steps to ensure adequate maintenance
of transmission line rights-of-way. [See]{.underline} [id.]{.underline}
at pp. 154-55.

BHE's proposed buffer plan balances the need to maximize buffer width
and vegetation height in those areas where doing so brings about
significant environmental benefits, with the practical and operational
limitations under which BHE operates and its mandate to provide reliable
power.

## Basis for BHE's Buffer Designs

Many factors were taken into consideration in the determination of the
number, size, location and construction and maintenance restrictions
associated with the various types of buffers proposed for the NRI
project. BHE has drawn on its considerable past experience with
construction and maintenance of electric transmission lines and blended
that with more recent buffer proposals, Maine Department of
Environmental Protection (DEP) regulatory authority, ROW maintenance
guidelines, and its consultations with resource and regulatory agencies
and boards. During development of the proposed buffers and associated
vegetation maintenance for the NRI, seven types of concerns were
identified as critical factors that must be incorporated. They are:

-   BHE's responsibility to comply with the NEPOOL Vegetation
    Maintenance Standard and to provide sufficient, dependable electric
    power to its customers;

-   The scientific objectives and other goals to protect and preserve
    natural resources and the natural environment;

-   BHE's ability to successfully implement and ensure compliance with
    vegetation clearing and maintenance requirements;

-   Existing ROW construction and maintenance practices conducted by BHE
    and throughout the industry;

-   Recent proposals for other BHE projects; and

-   Input received from resource agencies and regulatory bodies
    regarding the suitability of current practices versus the
    advisability of more complicated, far reaching proposals.

All of the above factors were taken into consideration to design buffers
that balance the operational needs of the NRI with environmental
benefits of riparian buffers. BHE believes these buffers combine the
best features of successful, existing practices with new ideas and more
focused resource concerns, while providing procedures and restrictions
that are realistic to implement in the field. BHE believes that the
buffers and vegetation maintenance plan proposed for the NRI also
respond to concerns previously expressed by the Board of Environmental
Protection regarding the feasibility of and practical barriers to
implementing complicated, continually varying vegetation.

## Typical ROW Buffer

BHE's typical ROW construction and maintenance procedures are designed
to provide for a vigorous growth of low, scrub/shrub vegetation, while
ensuring compliance with the NEPOOL Vegetation Maintenance Standard and
the requirement to provide safe, reliable, uninterrupted electrical
power. These procedures require the retention of low ground cover to the
maximum extent practicable during construction, immediate restoration
and stabilization of areas affected by construction and ongoing
maintenance activities that promote the long-term growth of diverse,
healthy, low vegetation. This results in a utility corridor that
provides excellent cover for small animals and birds, significant browse
habitat for larger mammals, and prevents soil erosion and the resultant
sedimentation of water and wetland resources.

### Typical ROW Clearing Procedures

Prior to construction, crews with whole-tree harvesting machines will
first ground cut all vegetation that is two inches dbh and greater. The
remaining vegetation greater than 8 to 10 feet above ground will then be
removed or topped by hand clearing crews and/or mowing machines, except
in waterbody and visual buffer zones. Significant branches that overhang
the ROW and any dead or damaged trees outside the ROW that could contact
the proposed power lines or cause an arc if they fall (danger trees) are
also removed. All vegetation cut during initial clearing will be cleaned
up and disposed of in accordance with the Maine Slash Law.

### Typical ROW Maintenance Procedures

Routine vegetation maintenance of the NRI ROW is required to comply with
the NEPOOL Vegetation Maintenance Standard, maintain access in case of
emergency repairs and facilitate safety inspections. The objective of
BHE\'s ROW management will therefore be to control large woody
vegetative growth to ensure the integrity and safe operation of the
transmission line.

Once woody vegetative growth is under control, follow-up maintenance
activities during operation of the line require only the selective
removal of "capable species," dead or danger trees. Capable species are
defined as those plant species that are capable of growing tall enough
to reach within the required clearance between the conductors and
vegetation established by the NEPOOL Vegetation Maintenance Standard.
The NEPOOL Vegetation Maintenance Standard for the NRI transmission line
requires a minimum of 15 feet of separation between vegetation and the
conductors. Due to the sag in the height above ground of electric
transmission lines between structures, which varies with the distance
between structures, tension on the wire, electrical load, air
temperature and other changing conditions, and to simplify the
implementation of maintenance procedures and ensure compliance; the
required NEPOOL clearance is typically achieved by maintaining ROW
vegetation below 8 to 10 feet tall. It should be noted that, as a
practical matter and to ensure that personnel safety and reliable system
operation is maintained, vegetation heights are generally stated as
height above ground. Nevertheless, the height above ground limit (in
this case 8 to 10 feet) is based on the required NEPOOL clearance.
Figure 10-1 illustrates typical vegetation clearing and maintenance
practice to comply with the NEPOOL Vegetation Maintenance Standard.

During routine vegetation maintenance after construction, the mechanical
means of maintaining the height of vegetation on the ROW consist
primarily of hand cutting, with limited use of motorized equipment in
areas that are directly accessible from public or private access roads.
The procedure will be to cut all capable species and any danger trees at
ground level and top other vegetation greater than 8 to 10 feet tall,
except in waterbody or visual buffer zones. Cutting of vegetation is
typically conducted on a four to five year cycle. Danger trees are
removed as they are identified. All vegetation cut during routine
maintenance is cleaned up or otherwise handled in accordance with the
Maine Slash Law.

[]{#__RefHeading___Toc102485358 .anchor}Figure 10-1: Typical ROW
Vegetation Clearing/Maintenance

BHE will also use herbicides to control ROW vegetation. BHE\'s herbicide
application program will be consistent with most New England utilities
and is used in conjunction with the mechanical methods of vegetation
maintenance. It consists of directional spraying, by hand, targeted
species along the ROW with a low-volume foliar application. In addition,
herbicides may be applied to cut stumps and surfaces of larger trees.
The herbicides used control only the targeted woody vegetation, while
leaving low-growing plant communities consisting of grasses, forbs and
shrubs to thrive. Aerial application will not be used. Only herbicides
with low toxicity to non-target plants and animals, and that are
registered with and approved by the U.S. Environmental Protection Agency
(EPA-approved) for utility maintenance will be used.

Typically, the ROW will receive herbicide treatment the year following
construction and then again two to three years following that to gain
control of vegetation growth. Once control is achieved, treatment occurs
on the typical four or five year schedule, along with mechanical
cutting. By utilizing selective herbicides, the ROW will eventually
become mostly a low-growing plant community, which impedes woody
vegetation from being established, hence there are fewer woody species
to treat in future applications.

Herbicides are not used within waterbody buffers or within 25 feet of
all wetlands that have water showing at the surface, within 50 feet of
known rare plant species or identified unique natural communities,
within 100 feet of any known well or spring, or within 100 feet of a
home or other human dwelling. Additional details regarding herbicide use
and other vegetation maintenance procedures are provided in the NRI
Vegetation Maintenance Plan (Appendix 10-1).

Based on consultations with Maine Department of Inland Fisheries and
Wildlife (MDIFW) biologists, typical clearing and vegetation maintenance
practices will not result in significant adverse impacts to wildlife
habitat in the project area, including Significant Wildlife Habitat
crossed by the NRI project, provided that all construction and routine
maintenance activities using motorized equipment within moderate and
high value Waterfowl and Wading Bird Habitat areas are prohibited
between April 15 and July 15 of any year (see meeting minutes, dated
January 20, 2005, in Appendix 7-2).

## Standard Waterbody Buffers

### Standard Waterbody Buffers Along MEPCO ROW

A minimum 25-foot buffer, as measured from the top of bank on each side,
will be established for all streams or other waterbodies crossed by the
NRI ROW where the proposed ROW is parallel to existing MEPCO ROW
(approximately 12.2 miles or 14 percent of the NRI). A 25-foot waterbody
buffer width in this area is proposed to maintain consistency in the
buffer widths between adjacent electric transmission line ROWs. In
addition, the water quality classification for all streams along this
portion of the proposed ROW is B. Higher water quality streams
predominate the remainder of the proposed NRI ROW.

To minimize soil disturbance adjacent to waterbodies, the project has
been designed to avoid the placement of structures within waterbody
buffers. Additional procedures and restrictions apply within the
waterbody buffers during construction and follow-up vegetation
maintenance to further protect waterbodies from sedimentation and
otherwise minimize any adverse project impacts.

Waterbody or riparian buffers are typically designed to provide one or
more of the following functions:

-   Prevent soil erosion and the resultant sedimentation of surface
    waters;

-   Slow the velocity, increase the infiltration and otherwise remove
    sediment and other contaminants in stormwater runoff before it
    enters surface waters;

-   Reduce accessibility of all-terrain vehicle (ATV) users to streams;

-   Provide shade to reduce the warming effect of sunlight (insolation)
    on water temperature;

-   Provide cover for wildlife when accessing waterbodies and traveling
    across the ROW; and

-   Provide visual screens between development and recreational users of
    a waterbody.

As described in the previous section and in more detail in Section 14,
Erosion and Sedimentation Control and further still in the NRI Project
Erosion and Sedimentation Control Plan (the NRI E&S Plan or Plan),
provided in Appendix 14-1, nearly the entire ROW will remain vegetated
with low scrub-shrub and other understory species during construction.
Ground disturbance will occur only in localized structure locations or
equipment travel lanes. All necessary erosion and sedimentation control
measures will be installed and maintained throughout construction to
prevent adverse impacts to waterbodies and other resources. During
initial clearing and vegetation maintenance in these 25-foot waterbody
buffers, the removal of vegetation will be done by hand cutting or by
reaching into the buffer using mechanized harvesting equipment located
outside the buffer. Mobile equipment will be prohibited from the buffers
except in those site-specific situations where a temporary equipment
crossing is necessary. The locations of temporary equipment crossings
will be reviewed and approved by a three-tiered environmental inspection
system (see Section 11.0 of the NRI E&S Plan) before equipment bridges
are installed, and the type and location of associated erosion and
sedimentation controls will be established at that time. All equipment
crossings will span the waterbody. Following completion of construction
in an area, any disturbed ground will be restored to original contours
and stabilized with permanent vegetation. Follow-up vegetation
maintenance practices will encourage the growth of dense, low ground
cover and shrub species. The use of herbicides is prohibited within
waterbody buffers and within 25 feet of any wetlands with water showing
at the surface. In addition, no refueling or maintenance of equipment
will be performed within waterbody buffer zones.

As a result, the potential for soil erosion and sedimentation of
waterbodies is minimized, and a 25-foot buffer where removal of
vegetation is further restricted, as described below, is entirely
adequate to protect waterbodies crossed by the NRI ROW from adverse
effects from sedimentation and contaminated runoff. Generally, the
conversion of forest cover to a scrub-shrub or early successional cover
type within a transmission line ROW will improve the ability of the land
to absorb runoff due to the increased density of the root mass and
near-ground leaf and stem material associated with the resultant
vegetative cover. In addition, the proposed buffers are consistent with
MDIFW prior recommendations to protect waterbodies from sedimentation
and surface runoff, as confirmed in emails received from MDIFW on
February 4, 2005, and to minimize adverse effects on wildlife habitat
(see agency correspondence and January 20, 2005 meeting minutes in
Appendix 7-2).

It is also important to note that BHE is proposing that all waterbody
buffers be a [minimum]{.underline} of 25 feet wide on each bank. In some
locations, the buffers may, in actuality, be wider due to the
characteristics of the crossing which allow for a wider buffer without
presenting undue difficulty for vegetation maintenance crews or the
potential for increased environmental damage in order to maintain the
buffer. In general, a buffer width of 25 feet works well in that removal
of large trees within the buffer can be accomplished using a
feller-buncher, or similar mobile harvesting equipment, that can reach
into the area, cut and remove a tree without having to travel into the
buffer and without dragging the harvested tree out of the area. This
becomes more difficult as buffer widths increase beyond approximately 25
feet, unless access for mobilized tree clearing equipment is allowed.
While hand cutting of large trees is an alternative, removing the tree
without the increased potential for significant soil disturbance when
the tree is pulled out of the area and for damage to other vegetation
that remains is very difficult and requires considerably more time and
expense when maintaining long ROWs. Therefore wider construction buffers
do not necessarily minimize the potential for environmental impacts.

[]{.mark}

As referenced in Section 7 of this application, Wildlife and Fisheries,
in 1993 A. M. Peterson reported in the North American Journal of Fish
Management that the removal of tree canopy (on new ROWs) increases
stream insolation during the short term, but within two years the areas
are bordered by dense shrubs and emergent vegetation and water
temperatures are not significantly greater when compared with upstream
forested reaches. Nevertheless, Sections 10.D.4 and 10.D.5 describe the
restrictions related to vegetation cutting and maintenance that BHE is
proposing to allow for taller vegetation within riparian buffers. Taller
vegetation will provide additional shading of streams and reduce the
potential warming effect of direct sunlight. The taller vegetation will
also provide additional cover for birds and animals for accessing
streams and crossing the ROW, and provide some visual screening. As a
result the waterbody buffers will continue to function in a similar
manner as before construction.

### Standard Waterbody Buffers Beyond MEPCO ROW

In response to a request by DEP staff to consider wider buffers in all
areas where appropriate, BHE is proposing that the standard waterbody
buffer width for the remainder of the NRI ROW (approximately 72.1 miles
or 86 percent) be increased to 75 feet on each side of a waterbody. All
of the streams crossed by this portion of the NRI are Class AA or A,
except the St. Croix River, and of those streams in which the fishery
type is unknown, nearly all support coldwater fisheries. As a result,
maintaining wider buffers in this area will provide a conservative,
additional measure of protection to these high quality streams.

However, establishing 75-foot wide waterbody buffers will require access
for mobilized equipment during initial clearing and follow-up
maintenance, in order to be able to effectively and efficiently remove
large trees and maintain the vegetation in the wider buffers. The nature
and extent of this access is described in Sections 10.D.4, below.

### Structure Placement

To maintain the integrity and maximize the environmental benefits of the
riparian buffers there will not be any permanent structures located
within at least 25 feet of any waterbody and the number of structures
that had to be placed within 75 feet of a waterbody has been minimized
to the maximum extent practicable.

### Standard Waterbody Buffer Clearing Procedures

To ensure a greater amount of protection than would already be provided
by typical cutting practices, cutting in riparian buffer zones will be
limited. Prior to construction, only capable species greater than 8 to
10 feet tall will be removed. No other vegetation, other than dead or
danger trees, will be removed. Within the 25-foot buffers, removal of
capable species will be by hand cutting or reaching into the buffer zone
with tree harvesting equipment located outside the zone.

Due to the limited reach of mobilized tree harvesting equipment
(feller-bunchers or mechanical harvesters), three access ways will be
needed within the 75-foot buffers to enable cutting and removal of large
trees across the entire ROW without the potential for additional ground
disturbance and damage to remaining vegetation that can occur if the
trees were hand cut and dragged out of the buffer with a cable. The
access ways will be located in the approximate middle of the proposed
ROW and approximately half way between the middle access and the outside
edge of the ROW. The access ways will be 10-12 feet wide and only the
trees that would prevent the harvesting equipment from efficiently
performing its job, or other vegetation that would otherwise be
seriously damaged by harvesting equipment traveling along the access
way, will be removed. Existing low vegetation will remain. The access
ways will not extend closer than 25 feet from the top of banks of any
waterbody and will not require grading or any gravel, stone or other
surface material.

Temporary erosion and sedimentation control measures will be implemented
along the access ways, as described in the NRI E&S Plan. As will be the
case along the entire NRI ROW, ground disturbance caused by the use of
harvesting equipment will be repaired by returning the ground to its
original contour, as needed, and seeding and mulching any bare ground.
The two outer access ways will be restored at the completion of clearing
activities in the area, and the central access restored at the
completion of construction in the area. The vegetation in the two outer
access ways will be allowed to revert to its original state, as allowed
by ROW vegetation maintenance requirements. The vegetation in the middle
access way will be maintained in long-term to allow for small vehicle
access (such as pick up trucks or a small tracked vehicle with a "cherry
picker") during transmission line and ROW vegetation maintenance
activities. The middle access way be will maintained in the same manner
as the standard ROW and thus will remain vegetated, albeit with shorter
vegetation to facilitate access down the ROW.

In addition, no refueling or maintenance of equipment, including chain
saws, will be performed within waterbody buffer zones.

### Standard Waterbody Buffer Maintenance Restrictions

Vegetation maintenance within stream buffers is typically conducted on a
three or four year cycle, depending on growth and vegetation. As during
clearing for construction, only capable species greater than 8-10 feet
tall will be removed. Removal will be by hand cutting only, with limited
use of motorized equipment in areas that are directly accessible from
public or private access roads, or from the middle access way
established during initial clearing. In addition, no herbicides will be
used, stored, mixed or transferred between containers within the stream
buffer areas and no refueling of chain saws or other equipment will be
allowed.

Figure 10-1 illustrates vegetation clearing and maintenance practice
within standard waterbody buffer zones. It is important to note that
once the capable species (e.g., quaking aspen \[*Populus*
*tremuloides*.\], balsam fir \[*Abies balsamea*\], white pine \[*Pinus
strobus*\], red maple \[*Acer rubrum*\]) are removed, the "desirable
species" that will persist and be maintained in the buffers will consist
primarily of grasses and shrubs (e.g., arrowwood \[*Viburnum*
*dentatum*\], highbush blueberry \[*Vaccinium corymbosum*\], alder
\[*Alnus incana*\], winterberry \[*Ilex* *verticillata*\], white
mulberry \[*Morus* *alba*\], etc.). The desirable species will be
allowed to grow at their naturally occurring rate and height. The only
enhancement of the density and vigor of this vegetation will be achieved
through the removal of taller, competing species.

Additional restrictions on vegetation maintenance will provide still
taller vegetation in designated salmon habitat stream buffers, as
described in Section 10.E.1 through 10.E.3, and all other stream buffers
in the Narraguagus, Machias, and East Machias River watersheds, as
described in Section 10.E.4, to further enhance shading capacity.
Enhanced visual buffering requirements at the Narraguagus, Machias and
St. Croix Rivers are described in Section 10.F.

The waterbody crossing table, provided in Section 7, Appendix 7-4 of
this application and as Table 1 in Section 3.0 of the Vegetation
Maintenance Plan, includes the names and locations of all waterbodies
crossed by the NRI ROW.

## Salmon Stream Buffers

Nine rivers or streams crossed by the NRI ROW have been identified as
containing salmon habitat or potential salmon habitat. The nine "salmon
habitat streams," or as identified by the ASC in a letter dated January
24, 2005 (located in Appendix 7-2), "waters of special environmental
concern," are identified in Section 7 of this application and Section
4.0, Table 2 of the NRI Vegetation Maintenance Plan. BHE has identified
additional construction design criteria and further vegetative
maintenance restrictions that will provide additional shading of these
waterbodies to the maximum extent allowed by the NEPOOL Vegetation
Maintenance Standard.

### Structure Placement

As described in Sections 10.A and 10.B, the maximum height of vegetation
within the ROW is a function of conductor height. The conductors are at
their highest closest to a structure, and they are at a low point midway
between structures. Accordingly, except at the Machias and Narraguagus
River crossings, structure locations were sited as close to the edge of
the salmon habitat stream buffers as possible to create a conductor
height that will allow for higher vegetation. In one instance, at a
tributary to Fletcher Brook (project survey station 2913+02), structures
could not be located near the edge of the buffers, so taller structures
will be used. This will result in taller vegetation that provides
maximum shading of the salmon habitat streams. The extra shading that
results from adjusting pole locations or heights is proposed because
these streams were identified during agency consultations as the most
critical in terms of promoting potential habitat for the threatened
Atlantic salmon. The additional vegetation height could also enhance
shelter for wildlife, although this is not considered a primary
objective for these predominantly small streams.

The combination of closer structures and maximum allowable vegetation
height within 75 feet of each bank at the seven smaller salmon habitat
streams will provide vegetation that ranges from approximately 20 to 30
feet tall, on average, over the course of a routine maintenance cycle.
Five of these seven streams are 5 feet or less in width; one, Joe Brook
(project survey station 3831+68), is approximately 10 feet wide; and the
last, Huntley Brook (project survey station 3702+97), is approximately
20 feet wide. Maintaining vegetation within the range of heights
indicated will minimize the potential for warming of water temperatures
that might otherwise result from removal of existing vegetation. BHE
consultations with fishery management agencies indicated concurrence
with this mitigation proposal.

Structures will be located further back from the Machias and Narraguagus
Rivers to minimize the visual impact for these high value recreational
resources and designated outstanding river segments (see Section 10.F).
Fisheries resource agencies were consulted and are in agreement that the
trade-off between maximizing the visual buffer as opposed to achieving
maximum shading is justified at these two crossings due to the presence
of existing, adjacent open habitat. Maintaining the maximum allowable
vegetation height at the NRI ROW crossings at these locations would do
little to improve or maintain existing water temperatures.

[]{.mark}

### Salmon Habitat Stream Buffer Clearing Procedures

During initial clearing activity prior to construction, only those trees
capable of growing to a height within the minimum NEPOOL Vegetation
Maintenance Standard of 15 feet from a conductor within the next 3 to 4
years will be topped or removed. Topping of trees is the preferred
method of vegetation maintenance, unless the tree is dead or dying, or
topping will leave insufficient vegetation to sustain the tree. No other
vegetation, other than dead or danger trees, will be removed. Removal of
capable species will be by hand cutting and with tree harvesting
equipment working from outside the buffer or from the three access ways
as described in Section 10.D.4. In addition, no refueling or maintenance
of equipment, including chain saws, will be performed within the salmon
stream buffer zones.

### Salmon Habitat Stream Buffer Maintenance Restrictions

The vegetation maintenance procedures and restrictions within salmon
stream buffers are the same as those that apply during initial clearing,
except that only hand cutting will be allowed, with limited use of
motorized equipment in areas that are directly accessible from public or
private access roads or the middle access way as described in Section
10.D.5. Figures 10-2 and 10-3 illustrate vegetation clearing and
maintenance practices within salmon stream buffer zones.

### Modified Salmon Stream Buffers

As presented in Section 7.B., the Distinct Population Segment of
Atlantic salmon associated with the Narraguagus, Machias and East
Machias Rivers has been listed as threatened under the Endangered
Species Act by the U.S. Fish and Wildlife Service and National Marine
Fisheries Service. In accordance with the recommendation of the ASC (see
ASC letter dated January 24, 2005 in Appendix 7-2), BHE will apply the
salmon habitat stream buffer clearing and maintenance restrictions
described in Sections 10.E.2 and 10.E.3 at all streams located in these
three watersheds. Most of these additional streams are less than 10 feet
wide. Accordingly, the potential for additional vegetation height along
these steams should minimize potential warming that might otherwise
result from removal of adjacent vegetation.

## Visual Buffers

As a result of the comprehensive planning and siting process completed
by BHE, the proposed NRI project will not result in adverse affects on
visual quality, as described in Section 6, Visual Quality and Scenic
Character. Nevertheless, BHE is proposing enhanced vegetated screens at
the Narraguagus, Machias and St.Croix River crossings to provide
additional visual buffering

[]{#__RefHeading___Toc102485359 .anchor}Figure 10-2: Salmon Stream
Buffer Vegetation Clearing/Maintenance Prior to Periodic Maintenance

[]{#__RefHeading___Toc102485360 .anchor}Figure 10-3: Salmon Stream
Buffer Vegetation Clearing/Maintenance Following Periodic Maintenance

### The Narraguagus and Machias River Visual Screens

Because the Narraguagus and Machias Rivers are high value recreational
resources and designated Outstanding River Segments, the maximum,
practicable vegetated visual screen will be maintained across the ROW at
each side of these crossings. As mentioned previously, structures will
be sited well away from the river banks during construction to minimize
their visual impact. The proposed width of the visual buffer areas for
these two high value resources was then based on the site-specific
structure locations, topography and existing vegetation type to provide
the most effective visual screening of the power line as possible,
within the constraints of the NEPOOL Vegetation Maintenance Standard and
reasonable construction and maintenance requirements. Since both rivers
are designated salmon habitat streams and to provide maximum visual
screening, the salmon stream buffer vegetation clearing and maintenance
restrictions will be followed. No cutting of vegetation will be allowed
in these visual buffer areas, except as required to comply with the
NEPOOL Vegetation Maintenance Standard. The potential for higher
vegetation along these rivers, due to the cutting restrictions that
apply within salmon stream buffers, and the extended buffer width over
which it will be applied will provide an effective visual screen. The
determination of the width of these visual screens is provided in the
following sections.

#### Narraguagus River Visual Screen Width

As can be seen on project Plan and Profile drawing number 38 of 74, of
this application, the Narraguagus River crossing (project survey station
2218+80) is in a broad, open flat area with large wetland areas
bordering each side of the river. The structures on both sides of the
crossing have been sited well-away from the river, outside of the
adjacent wetlands in locations where the topography starts uphill. The
nearest structure on the west side of the river is approximately 290
feet from the water's edge; on the east side it is approximately 500
feet from the water. Given the low wetland vegetation that exists and
that will persist in the wetlands bordering this crossing, there is
little opportunity to leave or create a vegetated buffer high enough to
screen much of the structures other than the trees that exist in the
upland areas just outside the wetlands. This is especially true on the
east side, where much of the adjacent wetland is inundated. As a result,
BHE is proposing that the visual buffer area at the Narraguagus River
extend all the way to the nearest structures on either side of the
river. The restrictions on clearing and maintenance that apply in salmon
stream buffers will be applied from the water's edge up to and including
the trees in the upsloping areas in front of the structures. This will
provide an effective, partial visual screen of these structures from the
river. No cutting of vegetation will be allowed in this visual buffer
area, except as required to comply with the NEPOOL Vegetation
Maintenance Standard. The other restrictions that apply to ROW
construction and maintenance, such as the use of herbicides or petroleum
products near waterbodies and wetlands will also apply.

#### Machias River Visual Screen Width

Project Plan and Profile number 51 of 74 shows that the Machias River
crossing (project survey station 2963+21) is also in an open area with
large wetlands bordering each side of the river, although it is not as
broad or flat as at the Narraguagus crossing. The structures on both
sides of the crossing have been sited well-away from the river and the
adjacent wetlands, in locations beyond topographic high points that are
closer to the river. As at the Narraguagus River, the opportunity to
leave or create a vegetated buffer high enough to help screen the
structures begins at the trees that exist in the upsloping areas outside
the wetlands. The higher elevation of the land (and its tree cover) that
exists between the proposed location of the nearest structures and the
river will provide a very good partial screen. On the other hand,
extending the visual buffer beyond the topographic high points will not
improve the effectiveness of the screen because visibility is a function
of line of sight. The high point on the west side of the river is
approximately 210 feet from the water's edge; on the east side it is
approximately 360 feet from the water. As a result, BHE is proposing
that the visual buffer area at the Machias River extend to the
topographic high points on either side of the river. Applying the salmon
stream clearing and vegetation maintenance restrictions from the water's
edge up to and including the trees in the upsloping areas in front of
the structures will provide an effective, partial visual screen of the
structures from the river. No cutting of vegetation will be allowed in
this visual buffer area, except as required to comply with the NEPOOL
Vegetation Maintenance Standard. The other applicable restrictions, such
as the use of herbicides or petroleum products near waterbodies and
wetlands, will also apply.

### The St. Croix River Visual Screen

Because the St. Croix River (project survey station 4452+14) is an
important recreational resource, the modified salmon stream buffer
requirements described in Section 10.E.4 apply. Specifically, the
clearing and maintenance restrictions that apply to designated salmon
habitat streams will be used here to maximize the height of adjacent
vegetation and the visual benefits that result from higher vegetation.

## NRI Vegetation Maintenance Plan

As requested by the DEP at the NRI project pre-application meeting, BHE
has prepared an NRI Vegetation Maintenance Plan to be a stand-alone
document containing all post-construction vegetation maintenance
requirements related to the project. The NRI Vegetation Maintenance
Plan, provided in Appendix 10-1, contains detailed descriptions of the
procedures and maintenance restrictions that apply to these buffers (as
well as other protected areas) and the system that will be used to
ensure that the specified buffers and other resources are properly
identified in the field and protected accordingly. BHE will implement
the NRI Vegetation Maintenance Plan prior to initial vegetation
maintenance activity on the NRI transmission line ROW and for all
subsequent vegetation maintenance actions.

**APPENDIX 10-1**

**NRI Post-Construction right-of-way Vegetation Maintenance Plan**

[^1]: Reference: *NEPOOL Operating Procedure No. 3- Transmission
    Maintenance Scheduling for Facilities Operating at 115 KV and Above
    (OP 3), Appendix D*, approved by the NEPOOL Participants Committee
    on May 3, 2002.

[^2]: Outages can occur either by direct contact between the object and
    the conductor, or even absent direct contact if there is
    insufficient separation between the object and the conductor, which
    may cause an electric arc. Electric arcs can cause fires as well as
    short circuits. The arcing distance is a function of several factors
    including the voltage, load, and ambient wind and temperature
    conditions.