New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter X - Certification Of Major Electric Generating Facilities › Subchapter A - Regulations Implementing Article 10 Of The Public Service Law As Enacted By Chapter 388, Section 12, Of The Laws Of 2011 › Part 1001 - Content Of An Application › Section 1001.22 - Exhibit 22: terrestrial ecology and wetlands

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 22 shall contain:
(a) An identification and description of the
				  type of plant communities present on the facility site, the interconnections,
				  and adjacent properties based upon field observations and data collection
				  consistent with the nature of the site and access availability to adjacent
				  properties.
(b) An analysis of the
				  temporary and permanent impact of the construction and operation of the
				  facility and the interconnections on the vegetation identified, including a
				  mapped depiction of the vegetation areas showing the areas to be removed or
				  disturbed, and including a plan to identify the presence of invasive species
				  and to prevent the introduction and/or spread of invasive species.
(c) An identification and evaluation of
				  reasonable avoidance measures or, where impacts are unavoidable, mitigation
				  measures, including the use of alternative technologies, regarding vegetation
				  impacts identified.
(d) A
				  characterization of the facility site and any areas to be disturbed for
				  interconnections as to the vegetation, wildlife (including mammals, birds,
				  amphibians, terrestrial invertebrates, and reptiles) and wildlife habitats,
				  that occur in, on, or in the vicinity, based on reconnaissance or multi- season
				  surveys and data collection appropriate to the nature of the site, supplemented
				  by available data from the New York Natural Heritage Program, New York State
				  (NYS) Amphibian and Reptile Atlas Project, the NYS Breeding Bird Atlas and
				  range maps, Breeding Bird Survey Routes, Christmas Bird Counts and other
				  similar reference sources, including an identification and depiction of any
				  Significant Coastal Fish and Wildlife Habitat Areas designated by DOS/DEC and
				  any unusual habitats or significant natural communities that could support
				  State or federally listed endangered or threatened species or species of
				  special concern.
(e) A list of the
				  species of mammals, birds, amphibians, terrestrial invertebrates, and reptiles
				  reasonably likely to occur on, or in the vicinity of the facility site and
				  areas to be disturbed for interconnections based on site observations and
				  supplemented by publicly available sources.
(f) An analysis of the impact of the
				  construction and operation, including air emissions if any, of the facility and
				  interconnections on vegetation, wildlife, wildlife habitats, and wildlife
				  travel corridors, including a detailed assessment of direct and indirect
				  impacts and identification and evaluation of the expected environmental impacts
				  of the facility on declining species, Species of Greatest Conservation Need
				  (SGCN), and species protected by State and Federal law and the habitats of such
				  species. Given the provisions of section 3-0301 (2)(r)  of the
				  Environmental Conservation Law and section 15  of the Public Service Law, information
				  that identifies the locations of habitats of such species or any other species
				  or unique combination of species of flora or fauna where the destruction of
				  such habitat or the removal of such species there from would impair their
				  ability to survive, shall not be disclosed to the public, and shall only be
				  disclosed to the parties to a proceeding pursuant to an appropriate protective
				  order.
(g) An identification and
				  evaluation of reasonable avoidance measures or, where impacts are unavoidable,
				  mitigation measures, including the use of alternative technologies, regarding
				  impacts to vegetation, wildlife and wildlife habitat.
(h) For proposed wind-powered facilities:
(1) an identification and evaluation of the
				  expected environmental impacts of the facility on avian and bat species and the
				  habitats that support them based on information gathered during
				  pre-construction studies conducted at the proposed site and other nearby sites,
				  analysis of known or predicted species and species migration corridors present
				  on site, and including a description of the extent, methodology and results of
				  all such pre-construction studies;
(2) an identification and description of a
				  period of post-construction operations monitoring for potential direct and
				  indirect impacts to avian and bat species and habitats, including a description
				  of the extent, methodology and timing of such post-construction operations
				  monitoring; and
(3) a plan to avoid
				  or, where unavoidable, minimize and mitigate any such impacts during
				  construction and operation of the facility based on existing information, the
				  results of pre- and post-construction monitoring, and any known
				  post-construction impacts that may occur.