ML043100585

References from Nine Mile Point Nuclear Station, Units 1 and 2 Site Audit - Wetland Permits from NYDEC for Vegetation Management (Past 3 Years)

ML043100585
Person / Time
Site:	Nine Mile Point
Issue date:	06/13/2002
From:	Rinaldi B State of NY, Dept of Environmental Conservation
To:	Leslie Fields, Shupe S Niagara Mohawk Power Corp, Division of Regulatory Improvement Programs
Fields L , NRR/DRIP/RLEP, 301-1186
Shared Package
ML043130490	List: ML043100223 ML043100227 ML043100232 ML043100234 ML043100314 ML043100564 ML043100570 ML043100578 ML043100585 ML043100591 ML043100594 ML043130181
References
Download: ML043100585 (43)

Text

Item 10 Wetland Permits from NY DEC for Vegetation Management (past 3 years)

New Y6rk State Department of Environmental Conservation Division of Environmental Permits, 4t Floor 625 Broadway, Albany, New York.12233-1750 Phone: (518) 402-9167 FAX. (518) 402-9168 Drin P. Cr Commissi June 13, 2002 Mr. Scott Shupe Niagara Mohawk, A National Grid Company 300 Erie Boulevard West Syracuse, NY 13202 RE:

Permit Number. 0-0000-01147/00010 Use of Herbicides in Regulated Wetlands and Adjacent Areas along Certain Electric Transmission Line Right of Ways

Dear Mr. Shupe:

Enclosed is the Standard Activity Permit for use of herbicides in regulated wetlands and adjacent areas along certain electric transmission line Right of Ways (ROWs) identified in the permit. This permit Is effective June 13, 2002 and will expire on June 10, 2008. If you have any questions regarding this permit please contact me at 518-402-9171 or at bbrinald@?gw.dec.state.ny.us for further information.

We will continue to work with you to refine the permitting of these activities for the remaining electric transmission lines in the Niagara Mohawk, A National Grid Company service area.

Very truly yours, S Barbara B. Rinald cc:

Regional Natural Resource Supervisors (Regions 4-9)

Regional Pesticide Specialist Ils (Regions 4-9)

P. Duncan J. Wainwright P. Riexinger R. Davis T. Sinnott W. Sarbello J. Cianci P. Nye K. O'Brien N. Conrad D. Jarvis (APA) rott loner

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 0-0000-01147/00010 FACILITY/PROGRAM NUMBERCS)

PERMIT Under the Environmental Conservation Law EFFECTIVE DATE:

June 13, 2002 EXPIRATION DATE(S)

June 10, 2008 I TYPE OF PERMIT 0 New 0 Renewal U Modification 3 Permit to Construct 0 Permit to Operate 31 o

Article 15, Title 5: Protection of Waters o

Article 15, Title 15: Water Supply o

Article 15, Title IS: Water Transport o

Article 15, Title 15: Long Island Wells o

Article 15, Title 27: Wild.

Scenic and Recreational Rivers o

6NYCRR 608: Water Quality Certification o

Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control o

Article 23, Title 27: Mined Land Reclamation a

Article 24: Freshwater Wetlands o

Article 25: Tidal Wetlands 0

Article 27. Title 7;.6NYCRR 360: Solid Waste Management o

Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management o

Article 34: Coastal Erosion Management 0

Article 36: Floodplain Management o

Articles 1, 3, 17, 19, 27. 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO I

TELEPHONE NUMBER I

Niagara Mohawk, A National Grid Conpany l(315) 474-1511 ADDRESS OF PERMITTEE 300 Erie Boulevard West, Syracuse, NY 13202 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Scott Shupe or designated representative (315) 428-6616 NAME AND ADDRESS OF PROJECT/FACILITY Electric transmission facilities owned and operated by Niagara Mohawk, A National Grid Company.

LOCATION OF PROJECT/FACILITY Various locations within Niagara Mohawk, A National Grid Company's Service Area in New York State, NYS DEC Regions 4-9 (See Attachment A)

COUNTY TOWN WATERCOURSE NYTM COORDINATES Various Freshwater Wetlands and adjacent areas (see Attachment A).

I ii1.

DESCRIPTION OF AUTHORIZED ACTIVITY Periodic, routine selective foliar and stump herbicide application to woody vegetation for electric transmission line right-of-way (ROW) management.

All work is performed in accordance with a New York State Public Service Commission approved management plan and all label restrictions for the selected herbicides.

Use of three additives: Cleancut (surfactant), LoDrift 38F (in hydraulic application) and Thinvert in the ultra low volume backpack foliar applications.

The following site-specific treatment techniques/mixes will be used:

• Mix H" is the Selective Foliar Treatment applied from a bulk-carrier vehicle.

Per 100 gal of mix, "Mix H"

• 4.5 quarts Glypro

• 1.5 quarts Arsenal + 98.5 gallons of water.

• "Mix K" is for cut-stump treatment from a hand-held squeeze bottle. "Mix K"

• 35X Glypro + 65X Water.

Corpadre is the premixed product (no longer commercially available) that will be used until supplies are exhausted.

Mix J" and "Mix Ml are for low-volume selective foliar applications using backpack sprayers.

Per 100 gal of mix, "Mix J" = 5 gallons Glypro + 2 quarts Arsenal + 2 quarts Cleancut (surfactant) + 94 gallons of water.

Per 100 gal of mix, "Mix M" a 7.5 gallons Glypro + 1.5 quarts Arsenal + 92.5 gallons of Thinvert (carrier).

FYI NOTE: neither stump treatment or backpack methods requires drift control agent, since the applica-tion pressure is so low.

By acceptance of this permit the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit.

CHIEF PERMIT ADMINISTRATOR William R. Adriance ADDRESS

_ 625 Broadway, 4"h Floor, Albany. NY 12233-1750 AUTNRIZD SINATRE IDAT I

AUTHORIZF SIGNATURE

/ I i

Z DATE IJune 13, 2002 I Page 1

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to Indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC) for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities In connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This Indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or Intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state taws.

Item B: Permittee to Require It's Contractors to Comply with Permits The permittee Is responsible for Informing its independent contractors, employees, agents and assigns of their responsibility to read, understand and comply with this permit, Including all special conditions, while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Applicators will be notified of threatened and endangered species areas Identified in Federal Permit Number PRT-813745 Issued by the US Fish and Wildlife Service and take all precautions required by the permit Item C: Permrttee Responsible for Obtaining Other Required Permits The permitteeIs responsible forobtaining any otherpermits, approvals, lands, easementsand rights-of-waythatmay be required to carry out the activities that are authorized by this permit Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest In real or personal property held or vested in a person not a party to the permit.

GENERAL CONDmONS General Condition 1: Facility Inspection by the Department The permitted site or facility, Including relevant records, Is subject to Inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3).

The permittee shall provide a person to accompany the Departments representative during an inspection to the permit area when requested by the Department A copy of this perrmit, including all referenced maps, drawings and special conditions, is to be retained by Niagara Mohawk, a National Grid Company's (Niagara Mohawk) Environmental Affairs Department (or its successor(s)), and must be available for inspection by the Department. Crews and for agents of Niagara Mohawk performing specific activities pursuant to this permit must have with them during the performance of the subject work a copy of (1) the Permit.

(2) The current year's Niagara Mohawk Herbicide Codes document listing the approved mixes for ROW work.

Failure of the field forces to produce these two documents upon request of a Department representative is a violation of this permit.

General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, Issuance of this permit does not modify, supersede or rescind any order or determination previously Issued by the Department or any of the terms, conditions or requirements contained In such order or determination.

General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit Such application must include any forms or supplemental Information the Department requires. Any renewal, modification or transfer granted by the Department must be In writing.

The permittee must submit a renewal application at least 180 days before expiration.

Submission of applications for permit renewal or modification are to be submitted to:

Chief Permit Administrator, NYSDEC, 625 Broadway, 4 h Floor, Albany, NY 12233-1750 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR, Part 621. The grounds for modification, suspension or revocation include:

a) materially false or inaccurate statements In the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described In the permit application; -

d) newly discovered material Information or a material change in environmental conditions, relevant technology or applicable law or regulations since the Issuance of the existing permit; e) noncompliance with previously Issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

DEC PERMIT NUMBER I

Page 2 0-0000-01147/00010 l

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLE 24

1.

If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if. in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore toitsformercondition the navigable and flood capacity of the watercourse. No claim shall be made againstthe State of New York on account of any such removal or alteration.

2.

The State of New York shall in no case be liable for any damage or injury to the work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

3.

Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard. New York State Office of General Services or local government which may be required.

4.

All necessary precaubons shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project

5.

For activities authorized by this permit, Niagara Mohawk will provide annually, by April 15, a listing, by transmission line name, of the FWW designations for those wetlands Intersected by the each electric transmission Right of Ways to be managed in the coming season to both the Regional Natural Resources Supervisor and the Pesticide Control Specialist

11. Additionally, the NM Regional Forester will notify each NYSDEC Regional Natural Resources Supervisor of start and end dates for line management at least 7 days prior to commencement The information listed in the attached Notification of Project Commencement form shall be provided (Attachment B):

SPECIAL CONDITIONS'FOR ARTICLE 24 Pesticide application activites shall be performed in accordance with the following best management practices:

Applicator Qualifications The application of herbicide by contract applicator crews will be made under the direct supervision of a NYS Certified Applicator who either owns or Is employed by a business registered with the NYSDEC for the purpose of herbicide application. Niagara Mohawk crew herbicide applications will be made under the supervision of a Niagara Mohawk Regional Forester.

A supervising certified applicator who Is familiar with and understands the provisions of this permit Is present In the field with each contract applicator crew to ensure compliance with best management practices for targeting species and proper application of authorized herbicides.

-Herbicide Registration and Authorization Utilized herbicides products will have valid registration with both USEPA and NYSDEC and be those authorized by the NYSDEC permit Any changes to the herbicide products planned for use, the mix proportions, additives or method of application will be submitted in writing to the Chief Permit Administrator at least 30 days prior to implementing changes.

Application Methods Application of herbicide will conform with all label Instructions and all applicable state and federal laws and regulations.

Herbicides will not be applied to streams or standing water or within 100 feet of public water supplies (reservoirs and wellheads).

Applications required in seasonally flooded freshwater wetlands will be undertaken during a dry season.

Clean-up Procedures To maintain water quality, no equipment wash water or excess herbicide will be allowed to enter any surface waters including streams, lakes, ponds and wetlands.

Empty containers will be disposed of in accordance with applicable pesticide regulations (6NYCRR Section 325.4).

DEC PERMIT NUMBER 3Page3 0-0000-01147/00010 I

ATTACHMENT A Wetlands and Municipalities with Scheduled Year 2002 ROW Vegetation Maintenance

, REGION 4 i COUNTY TOWN OR VILLAGE WETLAND ID ALBANY COLONIE TN-10 MENANDS TS-7. TS-9 GUILDERLAND V-19 NEW SCOTLAND V-19, V-32 VOORHEESVILLE

'V-19 COLUMBIA CHATHAM K-8. K-109 KINDERHOOK K-109, K-115, K-114, K-122 VALATIE K-14 STUYVESANT i ST-1 MONTGbMERY AMSTERDAM A-11, TH-14 CANAJOHARIE C-13 FLORIDA A-11, A-13, TH-14. TH-15 MOHAWK TH-5, TH-S RENSSELAER NASSAU N-30, N-33, K-4, K-8 SCHODACK EG-8, N-20, N-30, N-33, K-4, K-8 SCHENECTADY 1 PRINCETOWN RJ-8, RJ-4 REGION 5 FRANKLIN BELLMONT OH-1. OH-2 BOMBAY HO-4, H-2. H-4, H-1I MALONE M-20. CF-3 MOIRA BR-6, BR-7 WESTVILLE FC-2 FULTON EPHRATAH L-26 JOHNSTOWN THi-SARATOGA jBALLSTON R-11, R-16 MALTA R-16 WASHINGTON CAMBRIDGE CA-30 EASTON CA-14, SY-19 REGION 6 HERKIMER DANUBE VH-1 FRANKFORT IUE-12 LITTLE FALLS HR-5 SCHUYLER UE-6, UE-1I LEWIS NEW BREMEN L-8 TURIN G-8 WASTON L 8 I

Page4of 9

Name, address and phone number Chad Covey, Natural Resources Supervisor NYSDEC, Region 7 Cortland Sub Office 1285 Fisher Avenue Cortland, NY 13045-1090 Telephone: (607) 753-3095 Fax: (607) 753-8532 Counties Served Broome, Cayuga, Chenango, Cortland, Madison, Onondaga, Oswego, Tioga & Tompkiris Rich Rima, Pesticide Control Spec II NYSDEC, Region 7 615 Erie Blvd West Syracuse, NY 13204-2400 Telephone: (315) 426-7400 Fax: (315) 426-7425-Sandra Brennan, Natural Resources Supervisor Gail Mortimer, Pesticide Control Spec II NYSDEC, Region 8 6274 East Avon Lima Road Avon, NY 14414-2466 Telephone: (585) 226-2466 Fax: (585) 226-2830 Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Schuyler, Steuben, Wayne & Yates Ed Hanbach, Pesticide Control Specialist II NYSDEC, Region 8 Bath Sub Office 7291 Coon Road Bath, NY 14810 Telephone: (607) 776-2165 Fax: (607) 776-4392 Joseph Galati, Habitat Protection Biologist NYSDEC 182 East Union, Suite 3 Allegany, NY 14706-1328 Phone: (716) 372-6242 Fax: (716) 372-2113 Allegany, Cattaraugus, Chautauqua, Erie, Niagara &

Wyoming Glen Reinhardt, Pesticide Control Spec II NYSDEC, Region 9 270 Michigan Avenue Buffalo, NY 14203-2999 Telephone: (716) 851-7220 Fax: (716) 851-7226 I

Page 9 of 9

I ONEIDA ANNSVILLE

, BOONVILLE I CAMDEN FLORENCE IFLOYD i LEE

, MARCY

, NEW HARTFORD

, ROME I STEUBEN TRENTON UTICA WESTERN WHITESTOWN F-42, LC-2. CE4 B-1, B-3, B-5. B-6. B-7. B-22 W-24, W-26. CE-3 W-24. CE-3, CE-4, F-37, F-36, F-35 NW-7, NW-8, OR-1, RO-43 LC-9, LC-15. LC-19, WE-1 WE-2 OR-2, OR-3. OR-4, OR-7. OR-28. OR-33, OR-37, OR-38, OR41, UE-2. UE-3 LUW-8 OR-20 NW-5, NW-7. B-22 R-38, OR-2, OR-3, OR-4, OR-7 UE-2, UE-3. UE-5. UE-6, UE-9, UE-12 WE-2. WE-4, WE-5, WE-6. WE-7 RO-37, OR-31, OR-32. OR-33, OR-37. OR-

38. UW-2, UW-8 ST LAWRENCE BRASHER HO-4. BF-38. NL-28. NL-29 CANTON CT-6. CT-9, CT-17. CT-19. PP-14, RF-7.

RF-8, RF-26, HE-1 DE PEYSTER HV-14 DEKALB HV-14. RF-7, HE-1 LAWRENCE NL-29, NL-28. NL-35. BF-38, NL-46, NV-27.

NV-11. SR-2 LISBON OE-7. OE-14 NORFOLK NO-19 OGDENSBURG OE-7 OSWEGATCHIE OE-7, OE-13. OE-14. OE-17, OE-21, OE-

29. OE-32, HV-9, HV-14 PIERREPONT PP-8 POTSDAM PP-8 REGION 7 MADISON l SULLIVAN CIC-17, MA-8 ONONDAGA CICERO CIC-5. CIC-14, CIC-17, BRE-1B, SYE-2.

SYE-1 CLAY BRE-17, BRE-18. BRE-25, SYW-5 DEWITT SYE-2, SYE-1. SYE-6, SYE-29 LYSANDER BAL-13. BAL-16. BAL-18. BRE-21 MANLIUS CIC-17 SALINA BRE-23. SYW-4. SYW-8, SYE-6 VAN BUREN BAL-21, CAM-6 OSWEGO AMBOY WM-4. WM-6. WM-9. W-24. PL-2 HASTINGS CS-28 MEXICO NH-13, NH-7. MX-8, MX-9, MX-i1. MX-19.

MX-26 NEW HAVEN NH-13. NH-7. NH-1, NH-8 PALERMO NH-1 PARISH MX-26, PL-2. DU-5. DU-21. DU-40 VOLNEY NH-1. NH-2, NH-6. NH-42 REGION 8 GENESEE ALEXANDER BS-17. BS-30. BS-34. BS-35, AX-39 BATAVIA BS-8, BS-9. BS-1l. BS-14, BS-17 BETHANY BS-41. BS-42 LE ROY ST-3, ST-5, ST-23 PAVILION ST.38, ST-40, ST-43. ST-45. ST-47. ST-48, ST-51 LIVINGSTON CALEDONIA CA-1 MONROE RUSH RU-3. RU-6, RU-23, RU-30 WHEATLAND CA-1 Page 5 of 9

REGION 9 CATTARAUGUS ALLEGANY KC-12 FARMERSVILLE FD-3 FREEDOM DE-3 LITTLE VALLEY CA-4 FRANKLINVILLE FR-1, FR-6, FR-2, FR-4, FR-5 ISCHUA

, HI-4 MACHIAS DE-6, DE-13, WV-4, WV-3. WV-7 MANSFiELD CA-4 NEWALBION CA-4 PORTVILLE CU-1 YORKSHIRE DE-13 CHAUTAUQUA CHAUTAUQUA SH-22, SH-1, HF-4, HF-2. HF-5, HF-17 CARROLL IV-3. JA-1, JA-7 HANOVER SC-4 NORTH HARMONY LW-8 KiANTONE IV-3, JA-1 B. JA-9 POLAND IV-3. JA-1, JA-2, JA-7 RIPLEY RI-1 SHERIDAN SC-10i PO-7, DU-3 SHERMAN SH-19. SH-7 ERIE EDEN ED-4, ED-S EVANS

! ED-4, ED-29 HAMBURG HB-10. HB-11. ED-26 NiAGARA TONAWANDA TW-3, TW-4. TW-25, TW-26. TE-15, TE-23, BW-6 LEWISTON LE-4 NIAGARA FALLS

' TW-3 N.TONAWANDA lTE-1 5, TW4, TW-25 WHEATFIELD TW-4 TW-25, TW-26 WYOMING ATTICA AT-1, AT-7 ORANGEViLLE WW-4 WHEATHERSFIELD WW4 i

Page 6of 9

New York State Department of Environmental Conservation Regional Natural Resource Supervisors or Regional Wildlife Manager and Pesticide Control Specialists Name, address and phone number Bill Rudge IV, Natural Resource Supervisor AND Pesticide Control Spec 11 NYSDEC, Region 3 21 South Putt Comers Road New Paltz, NY 12561 Telephone: (845) 256-3000 Fax: (845) 255-3042 Art Johnsen, Regional Wildlife Manager NYSDEC, Region 4 Stamford Office Route 10 HCR#1, Box 3A Stamford, NY 12167 Counties Served Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester Albany, Columbia, Delaware, Greene, Montgomery, Otsego, Rensselaer, Schenectady & Schoharie Brian Metcalf, Pesticide Control Spec II NYSDEC, Region 4 1150 North Wescott Road Schenectady, NY 12306-1696 Telephone: (518) 357-2160 Fax: (518) 357-2460 Thomas Wahl, Natural Resources Supervisor NYSDEC, Region 5 Route 86, P. 0. Box 296 Ray Brook, NY 12977-0296 Telephone: (518) 897-1276 Fax: (518) 897-1394 Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren & Washington John Bennet, Pesticide Control Spec II NYSDEC, Region 5 - Warrensburg Sub Office County Route 40 P0 Box 220 Warrensburg, NY 12885-0220 Telephone: (518) 623-3671 Fax: (518) 623-3603 Leonard Ollivett, Bureau of Habitat Tom Beschle, Pesticide Control Spec II NYSDEC, Region 6 State Office Building 317 Washington Street I Watertown, NY 13601-3787 I Telephone: (315) 785-2267 Fax: (315) 785-2242 Herkimer, Jefferson, Lewis, Oneida & St. Lawrence Page 8 of9

New York State Department of Environmental Conservation Division of Environmental Permits, 4h Floor 625 Broadway, Abany, New York 12233-1750 Phone: (518)402-9182

• FAX: (518)402-9168 Website: www.dec.state.ny.us rim L crowt Commissioner February 27, 2003 Mr. Scott D. Shupe Senior Environmental Analyst Licensing and Permitting Group Niagara Mohawk 300 Erie Blvd. West Syracuse, NY 13202

Dear Mr. Shupe:

Re: General Permit 98-01 DEC# 0-0000-01 147/00001 This is In response to your January 21, 2003 letter requesting a one year extension of the Niagara Mohawk General Permit for maintenance activities and minor construction projects. Your letter explained that this extension Is being requested because Niagara Mohawk Is planning to offer certain revisions to the permit for some activity descriptions, propose a small number of new activities, and reword some BMP's.

The extension would provide Niagara Mohawk the ability to continue to undertake activities authorized under the General Permit while the revision and renewal process takes place.

Your permit extension request has been reviewed by Regional and Central Office staff from the Division of Fish, Wildlife & Marine'Resources - Bureau of Habitat, and the Division of Environmental Permits.

Niagara Mohawk's continued use of the General Permit and its one year extension are predominantly supported. Therefore, the requested extension Is hereby granted, providing for a permit expiration date of April 1, 2004 for General Permit 98-01. No activities other than those currently within the scope of the existing permit are authorized by this extension. All General Conditions and Attachments A & B of the permit remain unchanged and In effect.

The extension Is intended to provide Niagara Mohawk and the Department an opportunity to consider modifications to the permit and to undertake required procedures for renewing the permit for a new permit term. I encourage you to formulate proposed changes and begin a dialog with the Department well before the expiration of the extended permit term. Doing so will Insure that adequate time is available for reaching consensus on the content of a revised permit and for providing Public Notice and a public comment period. -

If there are any questions concerning this letter, pleasei contact John L. Cole at this office.

Si cerely, (I24 z Le William R. Adriance Chief Permit Administrator Division of Environmental Permits cc: Service List

New York State Department of Environmental Conservation Division of Environmental Permits - Room 538 50 Wolf Road,'Albany., New York 12233-1750_

Telephone: (518) 457-2224 Fax: (518) 457-5965/457-7759 John P. Cahill Commissioner April 10, 1998 Mr. Scott Shupe Niagara Mohawk Power Corporation 300 Erie Boulevard West Syracuse, NY 13202 Re:

General Permit Issuance GP-98-01 for Maintenance and Minor Construction Activities

Dear Mr. Shupe:

The general permit for maintenance activities and minor construction projects, affecting protected waters and regulated freshwater wetlands at Niagara Mohawk facilities, is enclosed.

Commencing projects under the general permit authorization requires prior notification to the DEC regional office responsible for the area in which the activity Is located. The notification shall provide the Information requested in the form attached to the general permit and be submitted at least 15 days prior to the proposed start date.

To evaluate the general permit's use and to determine If any changes to its provisions or procedures for Implementation may be warranted, you are requested to provide a report summarizing the use of the general permit for submittal to the Chief Permit Administrator by December 31 of each year. The report shall contain Information on how many times the'permit was used for each category of authorized activity. It shall also evaluate whether or not the best management practices provide for. a consistency in work technique that is protective of water and wetland resources.

We should discuss the details of this evaluation in the early stages of permit utilization.

We are pleased that you will be implementing a familiarization program prior to general permit use. Please Inform me and the appropriate Regional Permit Administrators of the date, time and location for these presentations. Hopefully, Department staff can attend to support your efforts and to answer questions.

Should you have any questions or concerns, please call me at (518) 457-0773.

Sincerely, William R. Aliance Chief Permit Administrator Enclosure cc: w/attachment S. Taluto P. Duncan Regional Permit Administrators, Regions 4-9 Natural Resources Supervisors, Regions 4-9 J. Sama L. Kuwik V. Gallo P. Riexinger J. Cooper W. Little C:ACookeShupe.WPDIP

NEw YORK STATE DEPARTHENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 0-0000-01147/00001 FACILITY/PROGRAM NUMBER(S)

GP-98-01 EFFECTIVE DATE 4/9/98 EXPIRATION DATE(S) 4/1/03 GENERAL PERMIT Under the Environmental Conservation Law I TYPE OF PERMIT

'S New O Renewal I.

Z Article 15, Title 5: Protection of Waters O

Article 15, Title 15: Water Supply O

Article 15, Title 15: Water Transport O

Article 15, Title 15: Long Island Wells O

Article 15, Title 27: Wild, Scenic and Recreational Rivers O

Other:

O Modification O Permit to Construct O

61YCRR 608: Water Quality Certification O

Article 17, Titles 7, 8: SPDES O

Article 19: Air Pollution Control O

Article 23, Title 27: Mined Land Reclamation i

Article 24: Freshwater Wetlands O

Article 25: Tidal Wetlands 1 Penilt to Operate i

O Article 27, Title 7; 6NYCRR 360: Solid Waste Management O

Article 27, Title 9; 6NYCRR 373: Hazardous Waste Managemer O

Article 34: Coastal Erosion Management O

Article 36: Floodplain Manage ent O

Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Niagara Mohawk Power Corporation (315) 474-1511 ADDRESS OF PERMITTEE 300 Erie Boulevard West, Sytacuse, NY 13202 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUBER Scott Shupe or designated N1i4o representative (315) 428-6616 NAME AND ADDRESS OF PROJECT/FACILITY Facilities owned and operated by Niagara Mohawk Power Corporation..

LOCATION OF PROJECT/FACILITY Various locations within Niagara Mohawk Power&Corporation's Service Area In New York State, MYS DEC Reglons 4-9 COUNTY TOMW WATERCOURSE NMYT COORDINATES DESCRIPTION OF AUTHORIZED ACTIVITY Generat Permit for maintenance, restoration, reconstruction, and new minor construction activities affecting protected waters and regulated freshwater wetlands as described In Attechxent A, and In conformance with Best Management Practices in Attachment B.

By acceptance of this permit; the pernittee agrees that the permit is contingent upon strict cocpliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit.

CHIEF PERMIT ADMINISTRATOR ADDRESS William R. Adriance 50 Wolf Road, Room 538, Albany, MY 12233-1750 l AUTHORgED SGRATURE d

DATE Li ( /1jI

/i

, /r../44/y2 April 9, 1.98 Page 1

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATlON NOTIFICATION OF OTHER PERMIlTEE OBUGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnificaton The permettee has accepted expressly, by the executon of the applicaon, the full legal responsibility for all damages and costs, direct or Indirect, of whatever nature and by whomever suffered, for liability It Incurs resulting from activity conducted pursuant to this permit or In noncompliance with this permit and has agreed to Indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from such activity.

Item B: Permittee to Require it's Contractors to Comply with Permit The permittee shall require Its independent contractors, employees, agents and assigns to read, understand and comply with this permit, Including all special conditions, and such persons shall be subject to the same sanctions for violations of this permit as those prescribed for the permittee.

item C: Permittee Responsible for Obtaining Other Required Permits The pemriltie Is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required for this project.

Item D: No Right to Trespass or Interfere with Riparian Rights This pemiltdoes not conveyto the pemittee any right to trespass upon the lands or interfere with the riparian rights of others hi orderto perform the permitted work nor does it authorize the Irmpairment of any rights, title, or Interest In real or personal property held or vested in a person nota party to the permit GENERAL CONDIONS General Condition 1:

Facility Inspection by the Department The permitted site or facility, Including relevant records, is subject to Inspection at reasonable hours and Intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee Is complying with this permit and the ECL Such representative may order the work suspended pursuant to ECL71-0301 and SAPA401(3).

The permittee shall provide a person to accompany the Department's representative during an Inspection to the permit area when written or verbal notification Is provided by the Department at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> prior to such Inspection.

A copy of this permit and all associated records, Is to be retained by Niagara Mohawk's Environmental Affairs Department (or its successor(s)), and must be available for Inspection by the Department Crews and /or agents of Niagara Mohawk performing specific activities pursuant to this permit must have with them during the performance of the subjectwork a copy of.

(1) the General Permit cover sheet, (2) Attachment 'C",

(3) the cover letter transmitting Attachment Cu to the Regional Permit Administrator, (4) an Activity Permit Summary" prepared by NMPC-EAD, and (5) a copy of the project plans or drawings.

Failure of the geld forces to produce these five documents upon request of a Department representative Is a violation of this permit' General Condition 2:

Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Departmente issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained In such order or determination.

General Condition 3:

Applications for Permit Renewals or Modifications The permIdtee must submit a separate written application to the Department for renewal, modification or transfer of this permit Such application must Include any forms or supplemental information the Department requireswAny renewal, modification or transfer granted by the Department must.be In writing.

The permittee must submit a renewal application at least a) 180 days before expiraton of permnts for State Pollutant Discharge Eimination System (SPDES), Hazardous Waste Management Facilities (IWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiraton of all other permit types.

Submission of applications for permit renewal or modification are to be submitted to:

Chief PermitAdministrator Wiliam R. Adriance, NYSDEC, 50 Wolf Road, Albany, NY 12233-1750, Telephone (518) 457-0773 DEC PERMIT NUMBER l

GP-98-01 l

Page 2 0-0000-01147/00001 I

.t General Condition,'4:

Permit Modifications, Suspensions and Revocatlons by the Department The Department reserves the right to modify,'suspend or revoke this permitwhen::'

a) the scope of the permitted activity Is exceeded or a violation of any condition of the permit or provisions of the ECL and perUnent regulations Is found; b) the pernlt was obtained by misrepresentation or failure to disclose relevant facts; c) new material Information Is discovered; or d) environmental conditions, relevanttechnology, or applicable law or regulation have materially chafiged since the permit was Issued.

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DEC PERMIT NUMBER 0-0000-01147/00001 GP-98-01 IPage3

NEYWYORKSTATEDEPARTMENTOFENVIRONMENTALCONSERVATON ADDITIONAL GENERAL CONDmONS FORARTICLES 15 (TITLE S), 24 AND 6NYCRR PART 608 (Ai ticle 15 (tAle 5), Article 24, and 6NYCRR Part 608)

1. If future operations by the State of New York require an alteration In the posiion of the structure or work hereir authorized, or If, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstrucdonlo the free navigation of said waters orflood flows or endanger the health, safety orwelfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and If, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and In such time and manner as the Department of Environmental Conservation may require, remove all oi any portion of the uncompleted structure or Vill and restore to Its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal oi alteration.

2. The State of NewYork'shallIn no case be lable for any damage or Injury to the structure or work herein authorized

which may be caused by or result from future operations undertaken by the State for-the conservation or Improvemeni of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

3. Granting of this permit does not relieve the applicant of the responsibtlty of obtaining any other permission, conseni or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required.

4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials assocdated with the project

5. There shall be no unreasonable Interference with navigation by the work herein authorized.

6. If upon the expiraton or revocation of this permit, project hereby authorized have not been completed, the applicant shall, without expense to the State, and to such extent and In such time and manner as the Department ol Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to iUs former condition. No claim shall be made against the State of New York on account of any such-removal or alteration.

7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitatlons or other limitations or standards under Sections 301, 302,303 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met

8. All activities authorized by this permit must be In strict conformance with the Best Management Practices (BMPs'

contained In Attachment B.'

9. Notifications. For each project proposed to be authorized by this General Permi, the Regional PermitAdminis-trator responsible for the area In which the proposed activity Is located must be notified at least 15 days prior to the commencement of work. The Information requested In the attached tlotification of Project pomrnencement form shall be provided (Attachment C).

DEC PERMrT NUMBER l

GP-98-01 Page 4 0-0000-01147/00001

Attachment A Description of Authorized Activities Niagara Mohawk Power Corporation General Permit (GP-98-01)

Activities Regulated by Article 15 (Protection or Waters) of the Environmental Conservation Law

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1. Vehicular stream crossing: Installation, extension, or removal of machinery crossings less than 25 IL in width and with less than 50 LF bank disturbance in any 1,000 ft. of itream bank length.

PW 1, 2, 4 8, 9, 10, 11, 12, 14, 17, 18, 19, 22, 25,40 15, 16,

2. Maintenance of existing facilities in streams or ponds: Ordinary repairs to existing functional facili-ties (e.g., rip-rap, channel walls, diversion structures, cr bs, ice fenders, etc.) ivith minimal disturbance or adverse aquatic or ripariin effect, providing thait there is'no dredge or fill involved.

PW

3. Previously permitted reoccurring maintenanqe dredging in protected w~aters: Mechanical removal of debris, silt, gravel, trash, etc. from culverts, hydro intakes, settlement or'catchnient basins infrequently, although regularly (e.g., every decade).

PW

4. 'No-fil cofferdams in protected streams: Below nor-mal water surface maintenance of existing structures

'and facilities, and installation of new features such as small pipeline crossings in'streams, using manufac-tured materials (e.g.,'geotextiles on trusses, panels, bladders, geotextiles draped over trusses).

PW

5. Small fill in streambeds for pipeline protection:

Placement of clean stone and riprap to protect buried pipelines from erosion and scour, involving 25 feet or less of stream length disturbance at each crossing.

1, i, 4, 5, 14, 17, 24, 25, 26, 27 (A-E), 28, 29, 30, 32, 36, 38 1,2,4,8, 16, 18, 19,21,22,24, 25, 26, 28, 32, 33, 34, 39, 40 1,2, 25 15, 16, 18, 20,21, 22, 23, 24, 1,2,4,6, 9, 12, 14, 16, 18, 19,20, 21, 22, 24, 26, 29, 34, 35, 37, 38, 39,40 I

Attachment A Description of Authorized Activities Niagara Mohawk Power Corporation General Permit (GP-98-01)

PW

6. Temporary water control in rivers or lakes: Installa-1, 2, 7, 8, 12, 16, 18, 19, 21, 22, tion of a conventional small earth-fill cofferdam, 23, 24, 38 check dan, or device to isolate and dewater a work area, and which involves 100 cy. fill or less or dis-turbance to less than 5,000 sq. fL for repair or re-placement of an existing facility.

PW

7. Submarine cable: Installation of new electric distri-1, 2, 8, 9, 12, 16, 18, 22 (A), 26, bution cable to single-family residences on islands or 29,35,36,37 across small bays from point of land to point of land with negligible disturbance to bed or shoreline of waterbody.

PW

8. Docks and Piers in lakes or streams: Installation of 1, 5, 9, 21, 22 (A-D), 30, 33, 38,4 docks, piers or floats providing dockdng for 10 or.

fewer boats and encompassing within its perimeter a surface area between 4,000 and 8,000 sq. ft having an open work support system.

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Attachment A

• .Description of Authorized Activities Niagara Mohawk Power Corporation General Pernit (GP-98 1)

Activities Regulated by Article 24 (Freshwater Wetlands) of the Environmental Conser ation Law U
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FWW

1. Pebris removal in wetlands or adjacent areas: Me-

- chanical removal of logs, debris, silt, cattails trash, etc. from within 15 feet of existing functional facili-ties such as culverts and ditches, settlement or catchment basins, or swales and other maintained drainage ways typically infrequently, although regu-larly, and in small quantities, typically under 50 c.y.

with less than 540 sq. ft. disturbance.

FWW

2. Restoration of existing facilities in wetlands and adjacent areas: Placement or construction of access and work platform activities necessary for the iso-lated replacement of essential individual electric

-(e.g., poles or to w'ers, guys, conductor, insulators, grounds) or gas line features (e.g., regulators, test stations, valves) and components that have been felled by storms, foundation failure (flood or soil degradation), struck by dars, sabotaged, vandalized or suffered severe unnatural mechanical damage, or natural decomposition (age) and which require tem-porary disturbance (either excavation or fill) to:

promptly efrect repairs, but such that the disturbed area at each structure can be limited to less than 540 sq. Ft. of ground surface.

FWW e o et f

3. Reconstruction of existing facilities in wetlands and 1,2,3,4,8,9, 11, 12,13 18,21, 25, 27 (C-E), 31 (C), 3 9,40 1; 2, 3, 4, 5, 6, 8, 11, 12, 13, 15, 16, 17, 23, 25, 27, 30,31 (A), 40, 41 1, 2, 3, 4, 5, 6, 8, 11, 12, 13, 15, 16,17,23,25,27,30,31(A), 40, 41 adjacent areas: Routine utility work-(e.g., distribu-tion line rebuilds, reconstructing, restoration, or minor modification of facilities) which involved a temporary disturbance of less than 540 sq. ft. at each individual site provided that measures taken cause no permanent alteration of wetland and adjacent area ground surface (e.g., excavation and backfill, work pad fills placed on geotextiles and removed).

3

I

.. AttachmentA A

• Description of Authorized Activities Tiagara Mohawk Power Corporation General Permit (GP-9 8-0 1)

FWW.

4. Trenching.fortmaintenance and repair Auguring, backhoe or trenching tool work to restore, reconr-struct or modify existing gas distribution or electric lines which involve a temporary disturbance of less than 540 square feet of ground surface.

1, 2, 4, 7, 11, 13, 30, 31(B-D), 32, 34, 35 39,4Q, 41 2

FWW

5. Restorin'. reconstructing or modifying existing facil 1,2, 3, 5, 6, 8, 12, 13, 23, 31(3-C),

ities in wetlands and/or adiacent areas utilizing-smalI 40, 41 excavations: Digging jacking pits, and jacking or directionally drilling pipelines or conduit including backhoe or trenching tool work for gas or electric lines provided that disturbance is temporary and excavation volumes are <75 c.y. per pit and/or dis-turbance is <540 sq. ft.

FWW

6. Temporarv matt roads in~wetlands and adiacent 1, 6, 27, 31(A&D), 40, 41(C) areas: Temporary placement and use of manufac -

tured, removable access platforms (including tempo-rary cross-rainage measures) such that the impact is limited to flattening of vegetation, limited selective cutting of woody vegetation, and mnunimal.ground surface disturbances of limited duration, including backblading or grading upon removal to restore pre-existing contours. (Duration of installation 18 days

• or less during the growing season.)

rwW.

7. Work platforms and.docks in wetlands or adjacent 1, 5, 12, 18, 23, 27, 30, 40 area: Installation of docks, piers, work platforms, or comparable structures on floats or open air support system (not fill), each having a top surface area of 200 sq. A. or less.

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Attachment A

-Description of Authorized Activities Niagara Mohawk Power Corporation General Permit (GP-98-01)

FWW

8. Recreational trails in wetlands and adjacent areas:

1, 2, 12,13, 15, 16, 27(A-D) 42, 4 Establishing new walkdng trails for public recreational purposes where no significant impair-ment of wetland function or benefits occurs, includ-ing cutting, but not eliminating vegetation for trails 5'-10' wide; placement of up to 2"4" of woodchips or gravel 111, and installing waterbars and up to four bridges or elevated boardwalks each 200 sq. ft. or less.

/42-.

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Attachment B Best management Practices (BMPs)

Niagara Mohawk Power Corporation General Pernit (GP-98-Ol)

1.

In all cases, the plannerz designer, engineer, crew or contractor should "value engineer" the job to incorporate cost-effective and efficacious environmental protection measures to ensure compliance with the law.

2.

To prevent environmental degradation, practicable measures to devices (such as silt fences, haybales, check dams, catchmentbasins, sedimentretentionbasinswaterbars, diversionculverts, and otherappropriate rmeasires) shall be employed wherevernecessaryto prevent erodible soils from entering the wetland orwater b6dy, and any banks subject to erosion as a result of construction must be protected during the construction period. All erosion control devices must be maintained until permanent vegetation is established. Such erosion control devices and non-degradable markers should be removed no later than one-year after project.

3.

To avoid permanent degradation of wetland contours or conversion of habitat, surplus materials excavated from wetlands (those not to be reused in backflls) are to be removed and disposed of at an upland site as soon as possible (not to exceed 30 days past excavation).

4.

To protect wetland and aquatic resources, allow no transport of soil particles by water. Soil and/or excavated materials should notbe stored on top of stream banks (where materials could erode into the stream or cause the bank to collapse) unless the bank and/or materials has/have been suitable protected.

5.

To avoid toxic effects on aquatic organisms, during construction, no wet or-fresh concrete or leachate shall be allowed to escape into the waters of New York State, nor shall washings from Redi-Mix trucks, mixers or other devices be allowed to enter any wetland or waterways on drainage feeding directly to a waterway or wetland.

.6.

To

mnmze the volume of earthen materials handled/transported, and to prevent the migration of native soils where needed, use brushmat or filter fabrics and geotextiles beneath access roads on hydric or other unstable soils.

7.

Blasting mats shall be employed whenever explosives are used in' excavation.

8.

Excavated and/or temporarily stockpiled soils and materials should be covered and protected to reduce runoff of fines which may cause a turbidity problem, and to prevent rainwater from soaking the materials and renderingthemn unsuitableforbackfill (which would require importation ofmore off-siteborrow and more vehicular disturbance to the job site).

9.

Stream banks must be reestablished to prevent erosion immediately after stream bank work is completed. If bank protection consists of seeding and mulching, growth of protective cover must be successful. Reseeding shall be accomplished if initialgowth is unsatisfactory. Wherepossible, bed andbank revegetation should be of comparable on-site types (e.g., cattail or sedge plugs, willow or dogwood splints),

and protected from sun scald or desiccation until cover is reestablished.

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Attachment B Best management Practices (BMPs)

Niagara MohawkPower Corporation General Permit (GP-98-01)

10.

To prevent downstream siltation, crossings of stream beds should be confined to areas of bedrock, cobble, stone or substrate suitable for development of an improved ford. Steep slopes within 50 feet of stream banks should be avoided. Generally, crossings should be made perpendicular to the stream bank to avoid bank incision by currents during seasonally high flows.

11.

So that permanent damage to the wetland surface or vegetation is avoided, and to maintain the flow of water, consider scheduling the work to use wintertime ice/snow truck roads in NYSDEC regulated wetlands whenever practicable.

12.

When. access trails to work areas are necessary, such trails must be a sufficient distance from stream banks so as to avoid destruction of existing stream bank vegetative cover.

13.

To prevent excessive disruption of surface soils or contours, use Low Ground Pressure (LGP) vehicles.

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14.

Stream crossings should reflect best judgement to minimize affects to the stream bed and banks, aquaticlife, and downstream water quality. Generaly, single-pass cable plow, ditchwitch and rubber-tired mechanized equipment 6peration will be done in wet conditions, where as trenching and repeated crossings.

will be made "in the dry." Dragging poles through streams is not permitted.

15.

Any fill material for stream crossing haul roads or temporary access facilities shall be of non-toxic, non-erodible material such as coarse gravel up to the normal high water elevation.

16.

To prevent turbidity problems and to provide stability, the use of new clean, stabilized stone fill is required; i.e., crusher run, screened gravel or cobble absent fines passing aN0 200 sieve.

17.

Existing culverts, french drain, water bars or fords needing replacement generally shall not be reinstalled more than 50 feet from their original location, and shall essentially replicate the existing facility in aliknment, dimension and function. Minor changes in construction materials and techniques are allowed.

Replacement of drainage devices shall have matching hydraulic capacities and shall not substantially alter flow alignment or grade. Nlet or outlet ends shall be rip-raped or otherwise protected to prevent scour or failure during high flows.

18.

To prevent turbidity problems, heavy construction equipment shall not be operated in streams or

• ater bodies until the work area is appropriately isolated and/or dewatered, and until appropriate sediment and erosion control devices are erected and functional. In addition', equipment utilized for pulling or winching shall remain above the bank of the watercourse.

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Attachment B Best management Practices (BMPs)

Niagara Mohawk Power Corporation

General Permit (GP-98-01)

19.

Installation of stream crossings, diversions of water during construction, and removal or restoration of crossings should generally maintain the original stream thalweg, unless minor manipulations to prevent stream bank erosion or aquatic enhancements for fisheries (e.g., placements of boulders, root wads, wing deflectors) are requested/approved by the NYSDEC.

20.

Temporary dikes, coffer dams or diversions must have adequate erosion protection so that structures will not fail under normal flood conditions (one-year, 99% frequency floods). Rock rip-rap or other suitable non-erodible materials should be placed in the stream first. Materials must not come from the stream or lake

.bed. When the coffer dam, temporary dike, diversion or stream crossing is removed, the erodible materials shall be removed first and then the non-erodible structure.

21.

To protect and sustain aquatic life downstream during the period of work activity, flow past the site shall equal thelnow immediately upstream of the work site, unless specifically permitted otherwise by the NYSDEC.

22.

To protect fisheries resources:

(A).

NMPC will avoid in-strean work during spawning and/or stocking periods in trout waters.

NMPC shall.consult with the NYSDEC Regional Fisheries or Environmental Protection Biologist regarding specific date, or any seasonal maintenance considerations (dates vary by region). In-stream or stream bank non-emergency work shall not be performed introut spawning waters from September 15 thru May 15 for fall spawning trout species, March 1 thru July 1 for spring spawning trout species, and March 15 thru July 1 for warmwater fish species, unless otherwise approved by NYSDEC; (B) as practicable, fish trapped during a dewatering event shall be captured and released unharmed-into habitable, adjacent waters; (C) haul roads for stream crossings shall have culvert pipes of sufficient sizes to allow passage of seasonally high flows and inverts shall not preclude the up and downstream passage of fish (maintain grade of stream and cause no hydraulic jumps from an elevated outlet);

(D) in-stream work shall be executed in a manner which does not substantially disrupt the movements of those species of aquatic life indigenous to the waterbody, including normal migratory species.

23.

So not to impair water flow into or out of the wetland or water body, temporary water control structures (i.e., cofferdams) in wetlands or water bodies shall be carefully constructed:

(A) cofferdams or other authorized structures are not to remain in the water longer than needed to complete the maintenance work for which they are needed, unless an extended retention time is specifically approved by NYSDEC; 3

'Attachlnent B

• Best management Practices (BMPs)

Niagara Mohawk Power Corporation.

General Permit (GP-98-01)

(B) cofferdams in streams shall be of clean, non-erodible material and, where practicable, should.

incorporate an upstreams or interior membrane to control percolation; (C) anytemporarystructureshall be completely removed upon completion, unless elements ofthe feature can be converted into habitat enhancement features acceptable to the NYSDEC, or unless NYSDEC approval is received for retention of the feature.

24.

To protect water quality and to avoid impairment ofthewaterway's designated uses, clarity of waters bypassed, pumped or diverted around a work site should be maintained at the discharge point.

25.

Any and all debris lost from thework area by wind or high water shall be recovered for proper reuse or disposal to the fullest extent possible, before completion of site restoration.

• 26.

For stream and shoreline erosion protection, materials shall be ofa type, size and placement that does not interfere with water discharge, nor is moved and dispersed by normal high flow volumes.

27.

Vegetation removal:

(A) to be conducted generally in accord with techniques and technologies accepted by the NYS Department.ofPublic Service; (B) clearing of existing vegetation shall be limited to that material necessary to allow completion of maintenance or construction activities and to allow for reasonable access for the long-term facility maintenance; (C) to not block flow and trap debris, all cleared vegetation is to be removed from the water courses, and all cuttings (regardless of location) cut and bucked to lie near ground level (Type D

• disposal). However, where tree root bases are attached to the bank, they shall be left in place. The remainder of the tree will be cut from the base prior to removal; (1))

generally, the dense root systems of wetland grasses, forbs and brush should not be distributed, not only for environmental protection, but also because these root systems have engineering value; they can help support vehicle and stabilize access routes. Traffic should be minimized (essential vehicles only) to reduce displacement of native soils. Matts or temporary roads should be used whenever possible; (E) stakes should be driven and flagged to delineate the edge of temporary roads or matts, especially if the route becomes flooded or covered with snow or mud.

28.

For survey, exploration and research activities, the areas of wetland or riparian disturbances shall individually be limited to the minimum necessary to perform the germane activity. All bores and excavations shall be backfilled with excavated materials.

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Attachment B Best management Practices (BMPs)

Niagara Mohawk Power Corporation General Pernit (GP-98.1)

29.

There shall be no visible increase in turbidity above background levels ata point approximately 300 feet downstream, and there shall be no settleable solids 100 feet downsitream ofthe discharge point or lower limit of the construction site.

30.

To avoid toxic effects on aquatic organisms, store and transfer petroleum or chemical products and maintain equipment more thanlO0 feet from protected waters and wetlands.

31.

To protect wetland resources:

(A) all fill in wetlands shall consist of clean materials. Garbage, household refuse, tires, wood materials including tree debris, metal objects or the introduction of materials toxic to aquatic life is expressly prohibited; (B) unless a plo, jacking or "Ditch Witch" style trenching tool is used, double ditching for trenching-separation oftopsoil and subsoils-and backfilLrestoration shall be required in wetlands.

Subsoils will be back-filled first atop any pipeline or cable bedding materials, and top soils then replaced to maintain original contours. Surplus subsoils will be disposed of in an approved manner, and (C) wetland restoration of vegetation shall give preference to natural seed and rhizome regeneration from stripped native top soils. Indigenous plant species are preferred except types which would require later removal by ROW maintenance. Where appropriate, man-made or rip-rap materials may be preferred; (D) to preserve the viability of underlying plants, the duration of temporary matting or roads should nominally not exceed 18 days during the growing season.

32.

Pump out (dewatering the worksite) waters are to first be passed through sediment bags and/or settling ponds before release to the natural system. Outflow or discharge then shall be directed away from the stream or wetland to minimize sedimentation or erosion upon re-entry of the water into the stream or wetland. Maintain and bail out sediment-capture devices as needed, especially before their final removal.

33.

If there is reason to suggest contamination, sediments shall be screened for PCBs and pesticides to determine disposal requirements, if any.

34.

Trenches, pits and other excavations shall be the minimum dimensions allowed by applicable OSHA standards.

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Attachment B Best management Practices (BMPs)

Niagara Mohawk Power Corporation

• General Permit (GP-98-01)

35.

Utility trenches across stream beds shall be at a right angle to the stream thalweg, unless the estimated impacts offuture erosion ofthe outside of meanders is ilcely to require inordinate bank stabilization. Before trenching through stream banks for installation of utility lines, adequate measures (pumping, backfill, haybale plugs, sand bag trench breakers) must be taken to prevent drainage of turbid water into the stream from upland sections of the trench.

36.

To reduce scour or siltation, backfill of pipe or stream crossings shall not leave a ridge across the stream, unless so requested by NYSDEC for aquatic habitat enhancement purposes.

37.

To prevent scour and exposure, pipelines and cables shall be buried beneath stream beds with a minimum of 3 feet of cover, unless located in bedrock when 1 foot of poured concrete, Reno mattresses or large rock shall normally be adequate cover.

38.

Bank protection activity will not exceed an average of 1 cubic yard per running foot of stream bank, and flow is not to be impaired.

39.

To prevent damage to navigable channels orto thebanks of awaterway, any material dredged during the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or flood plain, or deep holes.

40.

To prevent erosion and hasten restoration of rutted skidways, access roads, staging areas and stream banks, all disturbed areas shall be back-bladed and graded.

41.

To minimize environmental damages and sustained disturbance from earth moving:

(A) upland spoil disposal areas and soil disturbance in the wetland adjacent area shall be graded, seeded and mulched at each job location as the project advances. All seeding should take place within one week of final grading If seeding is impractical due to the time of year, a temporaiy mulch must be applied within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />, and must be maintained. Final seeding must be performed during the first period after project completion when weather conditions favor germination and gro*th (B) appropriate permanent vegetation must be established or allowed to grow on all areas of bare soil prior to or upon completion of the project. Restored or reseeded areas should demonstrate an 85+% (by cover area) "take" after two growing seasons; (C) work in wetlands and the adjacent area or in water bodies shall be started and completed in one continuous operation, whenever possible; (D) high organic soils (at the determination of DEC and/or NiMo environmental staffs) will be graded back to original contours and left unmulched and unseeded to facilitate the release of native seeds and rhizomes in from the soil bank; 6

Attachment B Best management Practices (BMPs)

Niagara Mohawk Power Corporation General Permit (GP-98-01)

(E) soil disturbances within mineral soil wetlands must be mulched within one week of final grading to stabilize the soils.

42.

Pentachlorophenol (enta) treated woods should not be used in direct contact with Class A or AA waters (drinkgg water standard) or in any circumstance where the "Penta" treated object is placed so as to be in direct contact with permanent flowing waters or waters of lakes or ponds.

43.

To 'discourage unauthorized motor vehicle access on newly created walking trails, permittee shall.

install appropriate vehicle barriers such as gates, boulders or other physical barriers at trail access points.

1.

7

Attachment C.

Notification of Project Commencement Niagara Mohawk Power Corporation General Permit (GP-98-o1)

This form must be completed and transmitted to the appropriate Regional Permit Administrator (see pages 2 and 3) at least 15 days prior to project commencement Description of project (Where applicable, attach set of plans):

Proposed start date: _Proposed completion date:

Contact person (Name and phone number)

Project location, Include county and town:

NYTM coordinates: NYTM-E NYrM-N 4 USGS quadrangle map name (Attach portion of map with site Identified):

Water course name:

NYSDECwetland number.

Please check the boxes below Identifying General Permit activity categories being utilized for the project described above.

Activities legulated by Aricle 15 (Protection of Waters) of the Environmental Conservation Law PW Oi.

Vehicular stream crossing.

o2.

Maintenance of exsting facilities In streams or ponds.

03.

Previously permitted reoccurring maintenance dredging In protected waters.

04.

No-fill cofferdams In protected stream.

05.

Small fill In stream beds for pipeline protection.

06.

Temporary water control In rivers or lakes.

07.

Submarine cable.

08.

Docks and piers In lakes or streams.

Activities Regulated by Article 24 (Freshwater Wetlands) of the Environmental Conservation Law FWW pi.

02.

03.

04.

05.

Debris removal In wetlands or adjacent areas.

Restoration of existing facilities In wetlands and adjacent areas.

Reconstruction of existing facilities In wetlands and adjacent areas.

Trenching for maintenance and repair.

Restoring, reconstructing or modifying existing facilities In wetlands and/or adjacent areas utilizing small excavations.

Temporary matt roads In wetlands and adjacent areas.

Work platforms and docks In wetlands or adjacent area.

Recreational trails in wetlands and adjacent areas.

06.

07.

08.

Reqional Permit Administrators William Clarke Regional Permit Administrator NYSDEC 1150 North WescottRoad.

Schenectady, NY 12306-1696 Telephone: (518) 357-2069 Fax (518) 357-2460 John Feltman Deputy Regional Permit Administrator NYSDEC Route 10, Jefferson Road HCR 1, Box3A Stamford, NY 12167-9503 Telephone: (607) 652-7741 Fax (607) 652-2342 Richard Wild Regional Permit Administrator NYSDEC Route 86, P. O. Box 296 Ray Brook, NY 12977-0296 Telephone: (518) 897-1234 Fax: (518) 897-1394 Thomas Hall Deputy Regional Permit Administrator NYSDEC County Route 40 P. 0. Box220 Warrensburg, NY 12885-0220 Telephone: (518) 623-3671 Fax (518) 623-3603 Albany, Columbia, Greene, Montgomery, Rensselaer& Schenectady Delaware, Otsego & Schoharie Clinton, Essex, Franklin & Hamilton Fulton, Saratoga, Warren & Washington Randy Vaas Regional Permit Administrator NYSDEC State.Ofice Building 317 Washington Street Watertown, NY 13601-3787 Telephone: (315) 785-2245 or 2246 Fax (315) 785-2242 Joseph Homburger Deputy Regional Permit AdminIstrator NYSDEC State Office BuildIng 207 Genesee Street Utica, NY 13501-2885 Telephone: (315) 793-2555 Fax (315) 793-2748 Jefferson, Lewis & St Lawrence Herkdmer & Onelda

Ralph Manna Regional PermitAdministrator NYSDEC 615 Erie Boulevard West Syracuse, NY 13204-2400 Telephone: (315) 426-7438 Fax (315) 426-7425 I

Michael Barylsid Deputy Regional Permit Administrator NYSDEC 1285 Fisher Avenue CorUand, NY 130451090 Telephone: (607) 753-3095 Fax: (607) 753-8532 Regional PermitAdministrator NYSDEC 6274 EastAvon ULma Road Avon, NY 14414-2486.

Telephone: (716) 226-2466 Fax (716) 226-2830 Oswego, Cayuga, Onondaga & Madison Cortland, Tompkins, Chenango, Tioga, & Broome Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben; Wayne

& Yates Allegany, Cattaraugus, Chautauqua, Erie, Niagara & Wyoming Steven Dolesid Regional Permit Administrator NYSDEC 270 Michigan Avenue Buffalo, NY 14203-2999 Telephone: (716) 851-7165 Faxc (716) 851-7168 I

I

New York State Department of Environmental Conservation Division of Environmental Permits, 4 th Floor 625 Broadway, AMbany, New York 12233-1750 Phone: (518) 402-9167

• FAX: (518) 402-9168 Website: www.dec.state.ny.us Erin M. Crotty Commissioner June 15, 2004 Mr. Scott Shupe Niagara Mohawk, A National Grid Co.

300 Erie Boulevard Syracuse, NY 13202 Re:

Standard Activity Permit No. 0-0000-01147 Use of Herbicides in Transmission Line Rights-of-Way

Dear Mr. Shupe:

/

Enclosed is the Freshwater Wetlands Standard Activity Permit for the use of herbicides in certain rights of way as identified in the permit.

• Please review the permit carefully and call me at (518) 402-9152 if you have questions.

Sincerely, Timothy R. Cooke Environmental Analyst 2 Enclosure cc:

T. Sinnott P. Riexinger N. Conrad Natural Resource Supervisor Regional Permit Administrator Division Director, Lands and Forests Regions 4-9 CA\\t Pat\\Cookc~.NM'oHcrbicide.trc

w NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 00000-01147 PERMIT Under the Environmental Conservation Law (ECL)

Permittee and Facility Information I

Permit Issued To:

NIAGARA MOHAWK POWER CORP 300 ERIE BLVD WEST SYRACUSE, NY 13202-4201 (315) 428-6616 Facility:

WETLANDS IN NIAGARA MOHAWK SERVICE AREA REGIONS 4,5,6,7,8,9 VARIOUS, NY Facility Location: STATEWIDE Facility Principal Reference Point: NYTM-E:

NYTM-N:

Authorized Activity: Use of registered herbicides by the Niagara Mohawk Power Corporation in regulated freshwater wetlands in accordance with all label requirments using low volume application methods during routine management of Rights-of -Way for certain electric transmission lines in Niagara Mohawk's service area. See attached list of herbicides approved for use.

The following list indicates the electric transmission line Rights-of-Way to be managed. They are listed by DEC region and includes the county, town USGS quad map name and regulated freshwater wetlands number that the transmission line crosses.

Region 4 COUNTY NAME ALBANY RENSSELAER OTSEGO SCHENECTADY CITY/TOWN ALBANY BETHLEHEM GUILDERLAND COLONIE NEW SCOTLAND EAST GREENBUSH NORTH GREENBUSH BRUNSWICK NASSAU SAND LAKE WORCESTER MARYLAND GLENVILLE ROTTERDAM QUADNAME TROY SOUTH DELMAR VOORHEESVILLE VOORHEESVI LLE TROY NORTH NISKAYUNA VOORHEESVILLE DELMAR EAST GREENBUSH TROY SOUTH AVERILL PARK TROY NORTH TOMHANNOCK NASSAU AVERILL PARK CHARLOTTEVILLE SCHENVUS BURNT HILLS SCHENECTADY WETID TS-7, TS-9 D-4 V-19 A-l TN-lI N-5 V-38 D-102 EG-I TS-105, TS-7, TS-9 AP-3 TN-102, TN-106 TO-12 N-19 AP-22, AP-23 CH47, SV-40 S-1 1, S-12 BH-4 S-1lS Region 5 COUNTY NAME CITY/TOWN XAM'EN QUE1: NS3UIRY QUEE.SBUi-,Y a - TON W).T ANN CA!BRIUDG :

QUADNAME HJUDSON FALLS

.LENS FALLS A:ORT ANNit CAMBRDB :A.

WETID HF-P, IF-3 GF-19, GF-13, GF-24 FA-13 CA-27 TP:ag,. I of 7

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION iFacility DEC ID 0-0000-01147 SARATOGA MOREAU CHARLETON CLIFTON PARK

-WATERFORD HUDSON FALLS BURNT HILLS NISKAYUNA NORTH TROY HF-I B-14 N-I I, N-20 T-7, T-9 Region 6 COUNTY NAME ONEIDA HERKIMER LEWIS ST LAWRENCE CITY/TOWN CAMDEN FLORENCE NEW HARTFORD LITTLE FALLS LITTLE FALLS HERKIMER SCHUYLER FRANKFORT NEW BREMEN FOWLER CANTON DEKALB PIERREPONT QUADNAME CAMDEN WEST WESTDALE WESTDALE UTICA WEST HERKIMER LITTLE FALLS ILION UTICA EAST UTICA EAST.

LOWVILLE GOUVERNEUR CANTON PIERREPONT RENSSELAER FALLS RENSSELAER FALLS PIERREPONT WETID CW-8 W-24 W-24 UW-s, UW-9 HR-5, HR-9 LF-2 IN-6 UE-I1 UE-12 L-8 GO-20 CT-17, CT-19 PP-14 RF-26, RF-7 RF-7 PP-8 Region 7 COUNTY NAME ONONDAGA CITY/TOWN ONONDAGA LYSANDER CAMILLUS GEDDES DEWITT MANLIUS SALINA CICERO QUADNAME SOUTH ONONDAGA LYSANDER BALDWINSVI LLE CAMILLUS VAN BUREN SYRACUSE WEST SYRACUSE EAST SYRACUSE EAST SYRACUSE EAST SYRACUSE EAST CICERO BALDWINSVI LLE BREWERTON PENNELLVILLE PENNELLVILLE FULTON HANNIBAL FULTON OSWEGO EAST OSWEGO WEST LYSANDER NWETID SON-2 L-8 L-8 CAM4, CAM-16 CAM4 SYW-15, SYW-18 SYE-7, SYE-8, SYE-17, SYE-19, SYE-20, SYE-21, SYE-22, SYE-23, SYE-25, SYE-29 SYE-1 I SYE-6 SYE-2 CIC-14, CIC-17 BAL-28 BRE-7 PE-22 PE-23 FU-10 HA-l9 FU-24, FU-25, FU-17, FU-12, FU-53, OW-17 OW-17 OW-17, OW-13 L-8 VAN BUREN CLAY VOLNEY FULTON OSWEGO HANNIBAL GRANBY Recion 8 COUNTY NAME GENESEE CITY/TONVN BATAVIA QUADNAME BATAVIA SOUTH OAKFIELD

.A.LEXANP)F.;;

ALEXANDR A" PON WETID BS-1, B>-%,BS-Il 1 OK-22 A)'-5, AX-7 AX-2 AK-13, AK-16 l':Thge 2 o 7 PEN'.,ROKE

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 0-0000-01147 MONROE GENESEE ALABAMA OAKFIELD

• HAMLIN GATES OGDEN BROCKPORT PERINTON HENRIETTA MACEDON PALMYRA ARCADIA SHELBY BARRE CLARENDON BATAVIA AKRON MEDINA

-OAKFIELD HAMLIN ROCHESTER WEST SPENCERPORT CLARKSON SWEDEN HOLLEY FAIRPORT PITTSFORD HENRIETTA BRIGHTON RUSH MACEDON PALMYRA NEWARK MEDINA KNOWLSEVILLE ALBION KNOWLSEVILLE HOLLEY OAKFIELD OK-23 AK-2, AK-3, AK-4 MD-I OK-13 HM-21 GT-4 OG-6, OG-14, OG-21 CK-13 SW-4, SW-27, SW-7 HO-9 PR-2, PR-7 HR-IS HR-I, HR-6, HR-12 BR-2, BR-12, BR-16 RU-7, RU-20, RU-21 MA-13, MA-16, MA-18 PA-20, PA-2 1, PA-31 NE-19, NE-25, NE-27 MD-6 A-5 AL-6, AL-7, AL-8, AL-9 KN-7 HO-12, HO-13 WAYNE ORLEANS Region 9 COUNTY NAME CHAUTAUQUA CITY/TOWN POLAND ELLICOTT GERRY STOCKTON POMFRET SHERIDAN

. ERIE NIAGARA HANOVER EVANS HAMBURG HAMBURG BUFFALO WEST SENECA LACKAWANNA NEWSTEAD EDEN TONAWANDA ROYALTON GASPORT LOCKPORT LEWISTON QUADNAME IVORY JAMESTOWN GERRY ELLERY CENTER CASSADAGA CASSADAGA DUNKIRK FORESTVILLE SILVER CREEK.

FARNHAM EDEN BUFFALO SE HAMBURG BUFFALO SE BUFFALO SE BUFFALO SE AKRON EDEN BUFFALO NW MEDINA GA-6, GA-7, GA-21, WOLCOTTSVI LLE LOCKPORT LEWISTON WETID IV-3 JA-7, JA-2 GE-14, GE-13, GE-I EC-2, CS-10 CS-lo, CS-8, CS-I CS-2 DU-3 FO-7 SC-IO SC-4 ED-4 BU-14 HB-10, HB-I1, ED-26 BU-I, BU-7, BU-15 BU-13 BU-14 AK-9 ED4, ED-5, ED-29 BW-6 ME-3, ME-4, ME-6 GA-22 WO-9, AK-2 LP-23 LE-4 I

Permit Authorizations I

Fres' vat::- . Janes - Under Article 24 Permit ilo O-OOO-Oi47/Cs^)12 N. -

-mit Effective Date: 6J-*:?/JC; Expirati !- 'aie: 1L QL:.

Page `~ jf7

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 0-0000-01147 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit.

Permit Administrator: WILLIAM R ADRIANCE, Chief Permit Administrator Address:

NYSDEC HEADQUARTERS 625 BROADWAY ALBANY, NY 12233 Authorized Signature:

/ol>efii.

Date Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: FRESHWATER WETLANDS

1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by as prepared by Scott D. Shupe on February 26,2004.

2. Annual Report For activities authorized by this permit Niagara Mohawk will provide annually, by Ap'ril 15 each electric transmission Right of Way to be managed in the coming season to the appropriate Regional Natural Resources Supervisor and Pesticide Control Specialist. Additionally, the Niagara Mohawk Regional Representative will notify the appropriate NYSDEC Regional Resources Supervisor of the start and end dates for hrebicide application at least 7 days prior to commencement. The information listed in the attached Notification of Project Commencement form shall be provided.

3. Applicator Qualifications The application of herbicide by contract applicator crews will be made under the direct supervisici of a NYS Certified Applicator who either owns or is employed by a business registered with NYSDEC for the purpose of herbicide application. Niagara Mohawk crew herbicide applications will be made under the supervision of a Niagara Mohawk Line Clearance Foreman.

A supervising certified applicator who is familiar with and understands the provisions of this permit mus b. present in the field with each contractor crew to ensure compliance with best management

p.

~ices f;. targeting species and p; per application of authorized herbicides.

• re'.,

I.: sra:

Eni P

.ni-or.zatiou Utilize-' he bicide products will have. li:'

.istration SLX.;-C -.d be thcs-authorize:! by the lY'DEC permit.

?ag, 4 o-7

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 0-0000-01147 Any changes to the herbicide products planned for use, the mix proportions, additives or method of application will be submitted in writing to the Chief Permit Administrator at least 30 days prior to scheduled implementation with approval for use obtained from NYSDEC prior to application.

5. Application Methods Application of herbicide will conform with all label instructions and all applicable state and federal laws and regulations.

Herbicides will not be applied to streams or standing water or within 100 feet of public water supplies

[reservoirs and wellheads].

Applications required in seasonally flooded freshwater wetlands will be undertaken during a dry season.

6. Clean up Procedures To maintain water quality no equipment wash water or excess herbicide will be allowed to enter surface waters including streams, lakes, ponds and wetlands.

Empty containers will be disposed of in accordance with applicable pesticide regulations (6NYCRR Section 325.6).

7. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation

• of said waters or flood flows or endanger the health, safety or welfare of the people.of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owriers, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmnental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration.

8. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be-caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

9. Permittee Responsible For Other Approvals Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required.

10. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project.

1 1. No Inte-ference With Navigation There shall be no unreasonable interference with navigation by the work herein authorized.

i

te

ba'i Require Site Restoration If upon tche expiration orrevocrtZion of this pennit, the

• je f he y at orized has nc been completed, the anplicant hall, wit..: ut expense to the State, and o

. en. n and in such tim e ;:

manner as the DzcPztment of :nvironinenra' Conservation nray en!.

, remoN all or anty por,%..

of the unznr.iplct :A st;ucture o; vn et d.estor the site to i s..,;; e Plagc 5 of 7

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 0-0000-01147 condition. No claim shall be made against the State of New York on account of any such removal or alteration.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

1. Facility Inspection by The Department Thepernitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3).

The pernittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department.

A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit.

2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires.

Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to:

Chief Permit Administrator NYSDEC HEADQUARTERS 625 BROADWAY ALBANY, NY12233

4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Freshwater Wetlands.

S. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permnit. The grounds for modification, suspension or revocatior include:

a. materially false or inaccurate statements in the permit application or supporting papers;

b. failure by the permittee to comply with any terms or conditions of the permit;

c. exceeding the s^-;ve i-f the project as dcscribed in the permit application;

d. newlyeiscover* matcri;!infon;atio;orama!erialchnge en.ironn.-ntalt c 2itions,relevo'nt technology

..plicable sam or regulk.:Xins since ic e is;;ance Of f:e existing pe- ;lit; P:.ge6 of 7

NEW YORK STATE DEPARTMIENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 0-0000-01147

e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for. permit transfer should be submitted prior to actual transfer of ownership.

NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit The pernittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittees agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.

l igc 7 of 7

New York - HERBICIDE CODES FOR BRUSH CONTROL - YEAR 2004 Code Trade Name EPA Percent Active Mixture Treatment A#

Pathway 62719-31 5.4% Picloram Premixed, Ready-to-usc Stump 20.9%2,4-D B

Accord C or Glypro/Arsenal 524-343/62719-324J241-346 53.8% Glypho.

40% Accord C 13% Arsenal /57% Water Stump 28.7% Imazapyr C

Accord C. or Glypro 524-343/62719-324 53.8% Glypho.

40% Accord C / 600% Water Stump D

Pathfinder I 62719-176 13.6%Triclopyr Prcmixed, Ready-to-wuse Basal E#

Garlon41Stalker 6271940 61.6%Triclopyr

• 20%/1% in Hi-Grade Oil Basal 241-398 27.6% Imazapyr F#

Tordon lOI/Garlon4 62719-S 10.2%Picloram 2qtsJ1.5qts.in lOOgals. Water Selective Foliar Hydraulic High Volume 6217940 39.6%2,4-D (0.5% Tordon 10 I0.375% Garlon4)

(SF) 61.6%Triclopyr G#

Tordon 101/Garlon 4 62719-5 10.2% Picloram 2 qtsJ 3 qts. in 100 gals. Water Selective Foliar Hydraulic Low Volume 6271940 39.6%2,4-D -

(0.5% Tordon 101 10.75% Garlon4)

(SF) 61.6%Triclopyr N

Accord C or Glypro/Arsenal 524-343/62719-324 53.8% Glypho.

4.5 qtsJ I pt. in 100 gals Water Selective Foliar HydraulicLow Volume 241-346 28.7%1zmazapyr (1.125/ AccordC/0.125%Arsenal)

(SF)

P Krenite/Arsenal/Escort 352-395 41.5% Fosanine 2 galsJ I qts./2 oz. in O00 gals. Water Selective Foiiar Hydraulic Low Volume 241-346 28.7% Imazapyr (2% Krenite / 0.25% Arsenal / Escort)

(SF) 352-439 60.0% Metsulfuron T

Accord C* /Escort 524-343/62719-324 53.8% Glypho.

4.5 qtsJ 2 oz. in 100 gals. Water Selective Foliar Hydraulic Low Volume 241-346 60.01%Metsulfuron (1.125% Accord C/Escort)

(SF)

L#

Accord C or Glypro/Arsenal 524-343/62719-324 53.8% Glypho.

3.75 gals / I pt in 100 gals Water Selective Foliar Backpack Low Volume 241-346 28.7% Imazapyr (3.75% AccordC/0.125% Arsenal)

(LSF)

R Krcnite/Arsenal 352-395 41.S%Fosaminc 5galsJl qts.in lOOgals. Water Selective Foliar Backpack Low Volume 241-346 28.7% Imazapyr (5% Krenite / 0.25% Arsenal)

(LSF)

W Krenitc/ArsenalfEscort 352-395 41.5% Fosamine S galsJ I qtJ4 oz. in 100 gals. Water Selective Foliar Backpack Low Volume 241-346 28.7% Imazapyr (5% K;rcnite / 0.25% Arsenal/Escort)

(LSF) 352-439 60.0°% Metsulfuron X

Accord or Glypro/Escort 524-343/62719-324 53.8% Glypho.

3.75 gaIsJ2 oz. in 100 gals. Water Selective Foliar Backpack Low Volume 352-439 60.0/.Metsulfuron 3.75% Accord C/Escort)

(LSF)

Z Test Plots NOTES:

• Either Glypro or Accord Concentrate may be used In these mixes.

1. Primary herbicide mix.

2004 Soil Stcrilstni 1 oz Telar 3 oZs. Oust (Landmark 11 MP) per 100 gals Water per acre 3 pts. Arsenal /4 ozs. Oust per 100 gals. Water per acre 2.5 lbs. Predict /3 ozs. Oust per 100 gals. Water per acre I Note: add Round-up or Glypro - I gal. Per 100 gals. Water per acre where green vegetation is present NY Herbicide 2004.doc - 11222004

Notification of Project Commencement Niagara Mohawk Power Corp.

Permit Number 0-0000-01147/00012.

Information on this form must be transmitted to the appropriate Regional Natural Resource Supervisor or Designee and Pesticide Control Specialist (see list below) at least 7 days prior to authorized activity commencement.

Description of project: Herbicide application in wetlands along electric transmission right-of-way Proposed start date:

.Proposed Completion date:_

Contact Person (Name and phone number)

NYSDEC Freshwater Wetland Identification Numbers:

New York State Department of Environmental Conservation Regional Natural Resource Supervisor or Regional Wildlife Manager and Pesticide Control Specialist

-om

wrre

unol nhnn nimh

-9 ninic.~v Lo.

viamel, awddress an1d pnonelt 1nu1m1U Peter Innes, Natural Resource Supervisor NYSDEC, Region 4 1150 North Westcott Road Schenectady, NY 12306-2014 Telephone: (518) 357-2066 Fax: (518) 357-2460 Albany, Columbia, Delaware, Greene, Montgomery, Otsego, Rensselaer, Schenectady & Schoharie Ralph Scalzo, Pesticide Control Spec. 11 NYSDEC, Region 4 1150 North Wescott Road Schenectady, NY 12306-2014

.Telephone: (518) 357-2352 Fax: (518) 357-2460 Larry Naschett, Natural Resource Supervisor NYSDEC, Region 5 Route 86, P.O., Box 296 Ray Brook, NY 12977-0296 Telephone: (518) 897-1276 Fax: (518) 897-1370 Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren & Washington John Bennett, Pesticide Control Spec. II NYSDEC. Region 5 - Warrensburg Suboffice 232 Hudson Street, P.O. Box 220 Warrensburg, NY 12885-0220 Telephone: (518) 623-1200 Fax: (518) 623-3603

Al Schiavone, Natural Resource Supervisor NYSDEC, Region 6 State Office Building 317 Washington Street Watertown, NY 13601-3787 Telephone (315) 785-2262 Fax: (315) 785-2242 Herkimer, Jefferson, Lewis, Oneida

& St. Lawrence Tom Beschle, Pesticide Control Spec. 11 NYSDEC, Region 6 State Office Building 317 Washington Street Watertown, NY 13601-3787 Telephone: (315) 785-2263 Fax: (315) 785-2242 Gerald Rasmussen, Natural Resource Supervisor NYSDEC Region 7 - Cortland Suboffice

-1285 Fisher Avenue Cortland, NY 13045-1090 Telephone: (315) 753-3095 Fax: (607) 753-8532 Broome, Cayuga, Chenango, Cortland, Madison.

Onondaga, Oswego, Tioga & Tompkins Rich Rima, Pesticide Control Spec. 1I NYSDEC, Region 7

.615 Erie Boulevard West Syracuse, NY 13204-2400 Telephone: (315) 425-7468 Fax: (315) 426-7425 Randy Nemecek, Natural Resource Supervisor Gail Mortimer, Pesticide Control Spec. II NYSDEC, Region 8 6274 East Avon Lima Road Avon, NY 14414-2466 Telephone: (585) 226-5371 (Nemecek)

(585) 226-5423 (Mortimer)

Fax: (585) 226-6323 (Nemecek)

(585) 226-2909 (Mortimer)

Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Schuyler, Steuben, Wayne & Yates Ed Hanbach, Pesticide Control Spec. 11 NYSDEC, Region 8 - Bath Suboffice 7291 Coon Road Bath, NY 14810 Telephone: (607) 776-2165 ext. 21 Fax: (607) 7764392 Russell Biss, Natural Resource Supervisor NYSDEC, Region 9 - Allegany Suboffice 182 East Union, Suite 3 Allegany, NY 14706-1328 Telephone: (716) 372-0645 Fax: (716) 372-2113 Allegany, Cattaraugus, Chautauqua, Erie, Niagara & Wyoming Glenn Reinhardt, Pesticide Control Spec. 11 NYSDEC, Region 9 270 Michigan Avenue Buffalo, NY 142C3-2999

..epione: (716) 851-72;20 Siax: (716) 851-7226