EMCP Revised per Agency Comments - documents.dps.ny.gov

CASE 09-T-0870 EM&CP

State of New YorkPublic Service Commission_________________________________________

Application of Niagara Mohawk Power Corporationd/b/a National Grid for a Certificate of EnvironmentalCompatibility and Public Need for the Reconstruction Case 09-T-0870of Transmission Line 111 from Lockport to Mortimer,New York_________________________________________

Niagara Mohawk Power Corporation

d/b/a

Environmental Managementand

Construction Planfor the

Lockport - Mortimer Line 111Rebuild Project

APRIL 2011Revised October 2011


Lockport-Mortimer Line 111 Rebuild Project Table of ContentsEnvironmental Management and Construction Plan

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TABLE OF CONTENTS

Response to Agency Comments

I. GENERAL DESCRIPTION OF THE PROJECT.............................................................. 1A. Introduction......................................................................................................... 1B. Description of Facility Location............................................................................ 3C. Project Schedule................................................................................................. 5

II. CERTIFICATE CONDITIONS AND NATIONAL GRID RESPONSES............................. 7A. CERTIFICATE Conditions................................................................................... 7B. Description of Route ........................................................................................... 7C. Laws and Regulations......................................................................................... 8D. Public Health and Safety..................................................................................... 9E. Environmental Management and Construction Plan.......................................... 14F. Notices and Public Complaints.......................................................................... 18G. Right-of-Way, Construction, Operation, Maintenance and Restoration.............. 20H. Herbicide Use ................................................................................................... 26I. Environmental Supervision ............................................................................... 28J. Roads and Highways ........................................................................................ 30K. Cultural Resources ........................................................................................... 31L. Waterbodies and Regulated Wetlands .............................................................. 32M. Agricultural Resources...................................................................................... 38N. Petroleum and Hazardous Substances ............................................................. 43O. Contractors and Contractor Supplies/Materials ................................................. 44

III. REQUIREMENTS AND DETAILS OF THE ENVIRONMENTAL MANAGEMENT ANDCONSTRUCTION PLAN ...............................................................................................47A. Plan and Profile Details..................................................................................... 47

1. Project Location ...................................................................................472. Building and Structure Removals .........................................................513. Surface Waters, Wetlands, Significant Habitats ...................................514. Wetlands..............................................................................................525. Landscaping ........................................................................................546. Noise-Sensitive Sites ...........................................................................547. Other Environmentally Sensitive Areas................................................558. Recreational Areas ..............................................................................579. Agricultural Areas ................................................................................57

B. Description and Statement of Objectives, Techniques, Procedures andRequirements ................................................................................................... 601. Erosion Control ....................................................................................602. Petroleum and Hazardous Substances................................................613. Environmental Supervision ..................................................................634. Fugitive Dust Control ...........................................................................655. Requirements for Herbicide Application ...............................................666. Agricultural Areas ................................................................................687. Access Roads......................................................................................698. Clean-Up and Restoration....................................................................729. ROW Clearing and Management .........................................................7610. EM&CP Procedures.............................................................................8011. Invasive Species Control Procedures ..................................................80



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APPENDICES

Appendix A - Plan and Profile Drawings

Appendix B - Table B-1 Segment Summary Analysis Table

Appendix C - Table C-1 Wetlands Crossed by the Project – Summary Table

Table C-2 Waterbodies Crossed by the Project - Summary Table

Appendix D - Table D-1 Agricultural Lands Crossed by the Project - Summary Table

Appendix E - Noise Mitigation

Table E-1 List of Residences within 100 feet of ROW

Noise Mitigation Measures

Appendix F - Project-Specific EM&CP Procedures

Exhibit A – List of Figures: Environmental Notes and Detail Drawings

Appendix G - Storm Water Pollution Prevention Plan (SWPPP)

Appendix H - Permits and Approvals, Agency Correspondence and Notifications

Notice of Intent for Stormwater Discharges Associated withConstruction Activity under SPDES General Permit # GP-0-10-001

Acknowledgment of Notice of Intent for Coverage Under SPDESGeneral Permit for Storm Water Discharges from Construction ActivityGeneral Permit No. GP-0-10-001

NYSDEC Authorization to Disturb Greater than Five Acres (Region 8)

NYSDEC Authorization to Disturb Greater than Five Acres (Region 9)

NYSDEC Division of Fish, Wildlife & Marine Resources Natural HeritageProgram August 13, 2009 Response Letter

NYSDEC Region 8 September 10, 2009 Response Letter

NYSDEC Region 9 August 18, 2009 Response Letter

Contact Report Iroquois National Wildlife Refuge September 17, 2009

Tonawanda Wildlife Management Area Response October 2, 2009

NYS Office of Parks, Recreation and Historic Preservation February 19,2009 Letter

NYS Office of Parks, Recreation and Historic Preservation October 8,2010 Letter

NYS Office of Parks, Recreation and Historic Preservation September15, 2011 Letter



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Appendix I - EM&CP Filing Notice

Appendix J - Table J-1 Roadway Crossings

Highway Work Permits (to be inserted when final approval receivedfrom highway jurisdictions)

Appendix K - General Contact List

Table K-1 Emergency Contacts

Hospital Location Maps

Table K-2 Potential Pollutant Sources

Spill Reporting and Cleanup Procedures

Appendix L - List of Herbicides

Appendix M - Off-Right-of-Way Access

Table M-1 Off-Right-of-Way Access Summary

Table M-2 Off-Right-of-Way Access Requirements and Agreements

Table M-3 Stringing Site Location Summary

Table M-4 Marshalling Yards/Construction Parking Areas

Appendix N - Comprehensive Right-of-Way Encroachment Plan

Encroachment Plan Periodic Report Form

Appendix O - Sample Environmental Management & Construction Plan Notice ofChange Form

Appendix P - Sample Weekly Status Report Form

Appendix Q - Wetland Mitigation Plan


Lockport-Mortimer Line 111 Rebuild Project Section I – General DescriptionEnvironmental Management and Construction Plan

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I. GENERAL DESCRIPTION OF THE PROJECT

A. INTRODUCTION

Niagara Mohawk Power Corporation d/b/a National Grid (“National Grid” or the “CertificateHolder”) filed an Article VII Application (the “Application”) on December 30, 2009 for theLockport-Mortimer Line 111 Rebuild Project with the New York State Public ServiceCommission (“PSC”) for a Certificate of Environmental Compatibility and Public Need (the“Certificate”) pursuant to Article VII of the Public Service Law. In the Application, National Gridsought authorization for the reconstruction, operation, and maintenance of approximately 56miles of the existing 115 kV single-circuit Lockport-Mortimer transmission line 111 (“Lockport-Mortimer 111” or “Line 111”) located on National Grid’s existing right-of-way (“ROW”), fromstructure #1E to structure #597 (the “Project”). The Project is a complete rebuild (except for anapproximately 2,000-foot underground section) of the existing Lockport-Mortimer Line 111. Therebuilt Line 111 (“Transmission Facility” or “Facility”) will continue to operate at 115 kV.

Line 111 is supported by 618 structures, 523 of which are the original 1906 three-legged“Aeromotor” or windmill-style steel structures. Of the 618 existing structures, 65 58 wood andsteel structures will be reused, including seven (7)27 single wood pole structures, three (3) H-Frame wood pole structures, four (4) 3-pole wood structures, three (3) steel pole davit armstructures, 137 steel lattice towers, two (2) riser structures, and two (2) substation take-offstructures. Structures to remain will be thoroughly inspected to ensure their suitability forcontinued service. The other 553 560 existing structures will be replaced as follows:

The remaining 523 three-legged structures will be replaced with:

– 43556 Wood Pole Structures with Steel Davit Arms

– 5946 Restrained Wood Pole Structures with Steel Davit Arms

– Two (2) Steel Pole Davit Arm Restrained Suspension Structures

– 26 Steel Pole Davit Arm Dead-End Structures

– One (1) Single Steel Pole Dead-End Pull Off Structure

– 21 Single-Circuit Steel Pole Davit Arm Dead-End Structures

The five Six (56) of the existing wood H-Frame structures will be replaced with two (2) 3-pole Dead-End Pull-Off wood structures, two three (23) wood H-Frame suspensionstructures, and one (1) wood structure with steel davit arms. (Dead-End Pull-Off[“DEPO”] is National Grid terminology for a structure type where the phases andshieldwire are dead-ended into the pole rather than into a crossarm.)

Twenty-oneseven (217) existing wood structures will be replaced with 21 wood poledavit arm suspension structures, two (2) wood pole davit arm restrained suspensionstructures, and four (4) steel pole davit arm Dead-End structures. wood structureshaving steel davit arms.

One (1) existing wood 2-pole post suspension structure will be replaced with a structureof the same configuration.

Three (3) existing wood 3-pole DEPO structures will be replaced with structures of thesame configuration.



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Wood davit arms on eight (8) existing davit-arm structures will be replaced with steeldavit arms.

Additionally, two new structures will be installed at the eastern end of the Project, nearCrittenden Road, to comply with a request from the New York State Department of PublicService (“DPS”) to co-locate some selected structures with some existing and adjacentRochester Gas and Electric (“RG&E”) transmission line structures, for aesthetic reasons.

Access roads will be improved, deteriorated culverts or other drainage devices will be replaced,and new erosion controls will be installed, where appropriate and as required along the ROW tosupport construction and continued maintenance of the Facility.

Generally, the Project will exit east from the Lockport Substation in the City of Lockport and runfor approximately 56 miles from structure #1E to structure #597 and the Mortimer Substation inthe Town of Brighton, New York. The route is described in Section II B and also in Exhibit 2 ofNational Grid’s Application.

On September 14, 2010, the Applicant submitted a Joint Proposal (“Joint Proposal”) reflectingthe terms of settlement of outstanding issues in this proceeding by the Applicant and othersettling parties. On December 17, 2010, the Commission granted the Certificate in an OrderAdopting the Terms of a Joint Proposal and Granting Certificate of Environmental Compatibilityand Public Need (“Order”) in this proceeding.

This Environmental Management and Construction Plan (“EM&CP”) is being submitted byNational Grid in compliance with the Order. This EM&CP is intended to describe theenvironmental protection measures to be implemented during construction of the Project.

In developing this EM&CP, agricultural protection measures were coordinated with the NewYork State Department of Agriculture and Markets (“Ag & Mkts”) and protection measuresrelated to clearing, stream and wetland crossings, and water quality, have been coordinatedwith the New York State Department of Environmental Conservation (“NYSDEC” or “DEC”) andDPS Staff. According to the “General Guidelines for Environmental Management andConstruction Plans” set forth in Appendix E of the Joint Proposal, the project-specific EM&CPmust provide details of anticipated construction methods, impact protection and mitigationmeasures, division of responsibilities for environmental supervision, compliance monitoring, andcontrol, and National Grid’s goals of ROW management for the certified facility.

This EM&CP provides general information on the proposed facilities (Section I) and lists eachcondition of the Certificate set forth in the Order (herein referred to as a “Certificate Condition”)and a National Grid response to each Certificate Condition (Section II). The EM&CP is inaccordance with the “General Guidelines for Environmental Management and ConstructionPlans” provided in Appendix E of the Joint Proposal. Appendices to this EM&CP provideproject-specific details, such as protective practices to be employed by National Grid duringconstruction of the Project, and National Grid's Standard Spill and Cleanup Procedures (seeAppendix K).



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B. DESCRIPTION OF FACILITY LOCATION

The Project covers approximately 56 miles of single-circuit Lockport-Mortimer 111 Line betweenstructure #1E at the Lockport Substation, in the City of Lockport, Niagara County, and structure#597 and the Mortimer Substation in the Town of Brighton, Monroe County. The location of thissegment of the Lockport-Mortimer 111 Line is shown on the Index Maps, sheets 1B-1E of theEM&CP Plan & Profile drawings provided in Appendix A.

The Lockport-Mortimer 111 115 kV Line is located within an existing electric transmission ROWcorridor owned in fee by National Grid. The existing Line 111 shares an electric transmissioncorridor with National Grid’s double-circuit Lines 113/114 for the entire length of the Project.National Grid’s Lines 107, 108, and 112 also share the corridor beginning approximately 11 mileseast from the Lockport Substation. The transmission ROW is generally 200 feet wide along mostof the 56 miles, with the existing Line 111 typically centered within the ROW. This existingNational Grid electric transmission corridor traverses (from west to east) the City of Lockport, theTowns of Lockport, Royalton, Shelby, Barre, Clarendon, Sweden, Ogden, Gates, and Chili, theCity of Rochester, and the Town of Brighton. It is parallel to an adjacent RG&E ROW in the last10 miles going east to the Mortimer Substation. In this 10-mile section, the National Grid portionof the ROW is generally 150 feet wide.

From the Lockport Substation, the existing Lockport-Mortimer Line 111 travels northeast, crossingBear Ridge Road, the Erie Canal, and the Lockport Bypass (Route 93). It then travels in asoutheasterly direction to a point east of South Transit Road (Route 78) where it continues dueeast and crosses Beattie Avenue and Donner Brook (a tributary of Tonawanda Creek). Line 111,along with the other adjacent circuits, then proceeds easterly to the north of a small residentialdevelopment along Royal Parkway and crosses Bowmiller Road, Wynkoop Road, Oak Lane, andseveral tributaries of Mud Creek, for a total of 0.3 mile within the City of Lockport and 5 mileswithin the Town of Lockport. Line 111 continues east crossing Akron Road in the Town ofRoyalton and two tributaries of Mud Creek, Ward Road, and another two tributaries of Mud Creekto a point west of Royalton Center Road where it travels in a northeasterly direction. Line 111crosses Griswold Road and a tributary of Jeddo Creek and travels to a point west of County LineRoad where it continues due east, for a total of 8 miles in the Town of Royalton.

Line 111 crosses County Line Road and a tributary of Jeddo Creek in the Town of Shelby,proceeding due east across Salt Works Road, a tributary of Oak Orchard Creek, the northernportion of the Iroquois National Wildlife Refuge, Oak Orchard Creek and Channel, South GravelRoad (Route 63), East Shelby Road, and a tributary of Oak Orchard Creek, for a distance of7.8 miles. Line 111 then crosses Townline Road and travels east and northeast, crossing Crane,Burns, Hemlock Ridge, Eagle Harbor, W. Barre, Quaker Hill (Route 98), Oak Orchard, Culver, andAngevine Roads, several tributaries of Oak Orchard Creek, and a drainage canal, for a distance of10 miles in the Town of Barre, before crossing Transit Road into the Town of Clarendon.

Line 111 continues east for 6 miles through the Town of Clarendon, across Upper Holley Road,the East Branch Sandy Creek, and Holley Byron Road (Route 237) to Hall Road where it turnssoutheast and crosses into the Town of Sweden. At West Sweden Road, the transmission linetravels due east for 5.4 miles, crossing Redman Road, Salmon Creek, Lake Road (Route 19),Salmon Creek Road, and Salmon Creek again, to a point west of the Ogden Sweden Town LineRoad where it turns southeast and enters the Town of Ogden, crossing Salmon Creek. East ofHubbell Street, Line 111 travels due east, crosses Salmon Creek twice, Route 36, Onion Creek



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several times, Little Black Creek several times, S. Union Street (Route 259), and Gillett Road, fora distance of 7 miles in the Town of Ogden.

In the Town of Gates, Line 111 heads southeast, crossing Buffalo Road (Route 33) and ColdwaterRoad (Route 386), then proceeds through a residential development, crossing Trabold Road,CSX Corporation (“CSX”) railroad tracks, I-490, and Little Black Creek, for a distance of 3 miles inthis town. The transmission line continues in a southeasterly direction through the Town of Chilifor 2 miles, crossing Chili Avenue (Route 33A), Fisher Road, and CSX railroad tracks.

Line 111 then transitions to an underground configuration and, within a tunnel, crosses beneathLittle Black Creek and the Greater Rochester International Airport. Beyond the airport, the linereturns to an overhead configuration and continues easterly across Scottsville Road, the GeneseeRiver, and East River Road, travels through forestland along the southern boundary of GeneseeValley County Park in the City of Rochester, crosses Crittenden Road and Red Creek, and entersthe Mortimer substation in the Town of Brighton. The transmission line ROW occupies 0.2 mile inthe City of Rochester and 1.2 miles in the Town of Brighton.

The existing Line 111 is 13.5 miles long in Niagara County, 23.9 miles in Orleans County, and18.9 miles in Monroe County.

Location Maps

The general location of the Lockport Mortimer Line 111 Rebuild Project is shown on sheets 1Bto 1E in Appendix A.

Aerial Photographs

Appendix A contains ortho-photographs of the Project area that show: 1) the existing ROW; and2) the location of the facilities on the ROW.

Supplemental Right-of-Way Information

National Grid owns the existing Lockport-Mortimer Line 111 ROW in fee. Several areas outsideof the ROW are proposed for access during construction and are listed in Table M-1 inAppendix M. Table M-2 in Appendix M of this EM&CP lists agreements that have been or willbe obtained for ROW access. This ROW will continue to be maintained in accordance withNational Grid's Transmission Right-of-Way Management Program (Revised May 2010 pursuantto Section 84.2 of 16 NYCCR Part 84, approved by the DPS June 2010).

Where necessary, in the areas between structures 127 and 495, and between structures 520and 525, the ROW will be selectively cleared to the north of the centerline of Line 111 toachieve a 75-foot-wide cleared area in places not within DEC-regulated forested wetlands.Within DEC-regulated forested wetlands, that width will be 50 feet. Scrub-shrub and emergentareas within DEC-regulated wetlands will be selectively cleared to remove tall-growing specieslocated within 75 feet north of the centerline. Forested DEC wetlands also will be subject todanger tree removal between the edge of the selectively cleared area and 75 feet north of thecenterline. Between structures 127 and 495, and structures 520 and 525, an areaapproximately 25 feet north of the currently maintained ROW will be cleared where needed toresult in a cleared area measuring 75 feet wide to the north of the centerline of Line 111. Thearea to be cleared is within the fee-owned ROW where Line 111 is the northern-most line within



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the ROW and encroachment of taller-growing undesirable tree species and danger trees hasoccurred. Accordingly, this area will be subject to selective clearing efforts to provide for safemaintenance and operation of Line 111. For other segments along the Project ROW, Type Iclearing will be required for work space locations and access roads (see also Appendix B,Segment Summary Analysis Table). The Project neither will affect existing man-madestructures nor require permanent changes in topography. Access for the re-building of theexisting circuit will, to the extent possible, make use of existing access roads along the ROW;these access and maintenance routes are shown on the Plan and Profile drawings in AppendixA of this EM&CP and listed in Appendix J.

C. PROJECT SCHEDULE

Construction of the Lockport-Mortimer Line 111 Rebuild Project is scheduled to commence onor about November December 112, 2011 and to be completed on or about May 31July 1, 2014.Principal schedule milestones are provided in Table C-1.

The construction schedule is planned to minimize outages to customers and area disruptionwithin the conditions and constraints imposed by Certificate Ordering Conditions and state andfederal agencies. Construction of the Transmission Facility will be performed sequentially (i.e.clearing through final site restoration), generally with the use of relatively small crews of workersthat can work efficiently within the limited work periods driven by the line outage schedule. Fullrestoration of the ROW and of other disturbed sites, such as staging areas around new polelocations or construction storage sites (marshalling yards/laydown areas), may requireadditional time after the structure replacement and reconductoring work is completed within aparticular ROW segment of the Project. After areas within the Project area are disturbed duringinitial construction activities, they will be stabilized using standard temporary erosion andsedimentation control practices. Upon completion of construction, these areas will bepermanently restored using practices and methods that will promote stable soil and vegetationconditions. If final site restoration is delayed due to adverse weather conditions or the onset ofwinter conditions, the site will be stabilized prior to cessation of construction activities for theseason. Final restoration activities will commence early during the following growing season.



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Table C-1 Project Schedule: Lockport-Mortimer Line 111 Rebuild Project

TypeSection Activities Number

(Quantity)Start Date End Date Maintenance Actions

1. Pre-ConstructionActions

All sections Surveying and Staking TBDOctober andNovember 2011

May July 2014

2. VegetationManagement

All sections Mowing and clearing TBDOctoberNovember 2011

May July 2014

3. Runoff &Drainage Control

All sectionsInstallation of silt fence,waterbars, and culvertsrequiring upgrades

TBDNovemberDecember 2011

May July 2014ECD installation at marshallingyards may occur as early asNovember 2011

4. Grading All sectionsClearing and DisposalGrading/Earthworks


May July 2014Grading as needed atmarshalling yards may occuras early as November 2011

5. Erosion andSediment Control

All sectionsAdditional installation ofECDs as necessary forerosion control


Removal willoccur whensites achievefinalstabilization

Additional ECD installation atmarshalling yards may occuras early as November 2011

6. Constructionand WireStringing

All sectionsConstruction and WireStringing


May July 2014

7. MaintenanceInspection & PlanUpdate

All sections

Regular dailyinspections of allproject erosion andsediment controldevices

NA

NovemberDecember 2011(as early asNovember 2011for marshallingyards)

ThroughProjectConstructionandRestoration

Agricultural Lands requiremonitoring and follow uprestoration as needed for twoyears after construction iscompleted.

7. FinalizeGrading andLandscaping

All sections

Permanent restorationof ground surfaces andground cover wheredisturbed by projectactivity

TBD April 2012

ThroughProjectConstructionandRestoration


Lockport-Mortimer Line 111 Rebuild Project Section II – Article VII Certificate Ordering ClausesEnvironmental Management and Construction Plan and National Grid Responses

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II. CERTIFICATE CONDITIONS AND NATIONAL GRID RESPONSES

In accordance with the Commission’s Opinion and Order Adopting the Terms of a JointProposal and Granting a Certificate of Environmental Compatibility and Public Need for theReconstruction of Transmission Line 111 issued and effective December 17, 2010, NationalGrid is obligated to comply with the Certificate Conditions. Each Condition of the Certificate isprovided verbatim in this section followed by the corresponding response.

A. CERTIFICATE CONDITIONS

1. Subject to the conditions set forth in this Opinion and Order, Niagara Mohawk PowerCorporation d/b/a National Grid (the “Certificate Holder”) is granted a Certificate ofEnvironmental Compatibility and Public Need (the “Certificate”), pursuant to Article VII of theNew York Public Service Law (“PSL”), authorizing reconstruction, operation and maintenance ofapproximately 56 miles of the 115 kV single-circuit transmission Line 111 that is located withinthe Certificate Holder’s right-of-way (“ROW”) from the Lockport Substation in the City ofLockport to the Mortimer Substation in the Town of Brighton along Niagara, Orleans andMonroe Counties, New York (the “Project”).

Response 1: No response required.

2. The Certificate Holder shall, within 30 days after the issuance of the Certificate, file withthe Secretary either a petition for rehearing or a verified statement that it accepts and willcomply with the Certificate. Failure to comply with this condition shall invalidate the Certificate.

Response 2: A verified statement was filed with the Commission as of January 11, 2011, stating thatNational Grid accepts and shall comply with the Certificate and the conditions placed upon theCertificate.

3. If construction of the Project hereby certified is not commenced within 18 months, theCertificate may be vacated with notice to the Certificate Holder.


B. DESCRIPTION OF ROUTE

4. The proposed location of the Project is approved as set forth in Appendix B entitled"Description and Location of Project" attached to the Joint Proposal.

Response 4: A general description of the location of the principal segments of the Line 111 corridor isprovided in Section I A of this EM&CP as was set forth in the Joint Proposal. The location of theproposed facility is described in Section I B of this EM&CP and is shown on the Plan & Profile drawingsin Appendix A.



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C. LAWS AND REGULATIONS

5. a) Each substantive federal, state and local law, regulation, code and ordinanceapplicable to the Project authorized by the Certificate shall apply, except any substantive locallaw or regulation which the Commission has refused to apply as being unreasonably restrictiveas discussed herein.

b) No State or municipal legal provision purporting to require any approval, consent,permit, certificate or other condition for the construction or operation of the Project authorized bythe Certificate shall apply, except (i) those of the PSL and regulations and orders adoptedthereunder, (ii) those provided by otherwise applicable state law for the protection of employeesengaged in the construction and operation of the Project, and (iii) those permits issued under afederally-delegated or -approved environmental permitting program.

c) The Certificate Holder shall construct the Project in a manner that conforms to allstandards of the American National Standards Institute (“ANSI”) including, without limitation, theNational Electrical Safety Code (“NESC”), Institute of Electrical and Electronics Engineers(“IEEE”), Standard IEEE C2-2002, and any stricter standards adopted by the Certificate Holder.Upon completion of the Project, the Certificate Holder shall certify that the Project wasconstructed in full conformance with the NESC.

Response 5: National Grid will comply.

6. The Certificate Holder shall maintain the Project ROW in accordance with the CertificateHolder’s Transmission Right-of-Way Management Program adopted pursuant to 16 NYCRRPart 84.


7. a) The Certificate Holder shall coordinate all work performed at state and municipal roadand highway crossings with the appropriate state and municipal officials and shall obtain therequired permits for such work, subject to the Commission’s ongoing jurisdiction as appropriate.

b) The Certificate Holder shall coordinate with the appropriate municipal agencies andpolice departments for traffic management of roads under municipal jurisdiction.

c) A copy of each permit or approval received from the issuing agencies shall beprovided to Staff of the New York State Department of Public Service (“Staff”) by the CertificateHolder promptly after receipt by the Certificate Holder of such permit or approval and beforecommencement of construction across any affected area.

Response 7: National Grid will comply. Appendix H of this EM&CP includes copies of the permits andapprovals received to date for the Project.

8. If the Certificate Holder believes that any action taken, or determination made, by a stateor municipal agency in connection with this Certificate is unreasonable or unreasonablydelayed, the Certificate Holder may petition the Commission, upon reasonable notice to thatagency, to seek a resolution of any such unreasonable or unreasonably delayed requirement.



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Such agency may respond to the petition, within five (5) business days, to address thereasonableness of any requirement or delay.


D. PUBLIC HEALTH AND SAFETY

9. To minimize magnetic fields, the Certificate Holder shall fully investigate, analyze anddocument mitigation measures in the Environmental Management and Construction Plan(“EM&CP”), which will include a calculation of anticipated average magnetic field levels with theProject in operation.

Response 9: The calculations of anticipated average magnetic field levels associated with the proposedProject in operation showed that the proposed replacement of this 115kV transmission line is consistentwith the Commission’s interim policy of magnetic fields throughout the proposed, existing route. Thesecalculations are included in Appendix D of the Article VII Application. Based on the results of thesecalculations and analyses, no mitigation measures are warranted.

10. The Certificate Holder shall engineer and construct the Project to be fully compatiblewith the operation and maintenance of nearby electric, gas, telecommunication, water, sewer,and related facilities; details of such other facilities and measures to protect the integrity,operation and maintenance of those facilities shall be presented in the EM&CP. The Projectshall be designed and constructed to avoid adverse effects on the cathodic protection systemand physical conditions of existing structures and any fuel gas pipelines within the ROW. TheCertificate Holder shall provide the details and design measures that will be implemented toprotect nearby facilities and structures in the EM&CP.

Response 10: The EM&CP construction drawings include locations of known utilities and relatedconstruction specifications that require the contractor to verify, locate, and mark or have marked alloverhead and underground facilities within the bounds of the designated working areas.

In addition, special precautions, as detailed below, will be taken where the Transmission Facility crossesor parallels existing utilities to prevent damage to any facility or the Facility and to ensure the safety ofworkers. Overhead utilities that will be crossed or paralleled by the Facility and underground utilitieslocated within the transmission line rights-of-way have been identified and are shown on the Plan andProfile drawings (see Appendix A).

Overhead Electric Facilities

When crossing an existing overhead electric line ROW the following specifications will apply:

The utility responsible for the up-keep and maintenance of the overhead electric line will becontacted and consulted concerning the proposed crossing.

The responsible utility will be consulted concerning "safe minimum clearance" for constructionmachinery.



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All guy wires, ground lines and other surface or subsurface supports or facilities will be locatedprior to the initiation of construction.

Depending on the length of the facility to be installed, the voltage of the electric line to becrossed, and existing weather and topography, the new facility and the construction equipmentinstalling it may need to be temporarily grounded. This activity will be performed in compliancewith the National Electrical Safety Code (“NESC”) as applicable to electric transmission lineconstruction.

In instances where the Transmission Facility parallels existing overhead electric facilities, the followingadditional specifications will apply:

A Safety Inspector will be designated. The Safety Inspector will be in the chain of command forthe Project and will have "stop work authority."

The Safety Inspector will:

– Supervise grounding equipment and materials;

– Provide safety training of all individuals expected to work in or visit the Project areaadjacent to electric lines;

– Ensure compliance with minimum clearance requirements for machinery and personnel,and;

– Require all workers and others on-site to wear insulated boots, gloves and other protectiveequipment where circumstances warrant.

The new line will be subject to induced voltages but this will be mitigated by (i) cross bonding,which zero-sums any induced voltage, and (ii) grounding through sheath-voltage limiters at thebond points.

If voltage levels so warrant, no ungrounded vehicle will be allowed within 200 feet of the electricline.

All vehicles on the ROW will be grounded by use of grounding strips or chain devices.

Vehicles parked overnight on the ROW will be grounded to an embedded ground rod by a cable.

Fuel trucks will have sufficient ground cables and clamps to complete an electrical bond withevery vehicle to be refueled.

Underground Utility Crossings

When constructing in close proximity to underground utilities the construction will be performed inaccordance with 16 NYCRR Section 255.3-25. In addition, the following specifications will apply:

The proposed Project area will be surveyed for the presence of existing underground utilityfacilities to be crossed or paralleled.

Owners of these other utility facilities will be notified in accordance with the requirements of 16NYCRR Part 753 so that their facilities will be clearly marked prior to construction.



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Owners of the facilities crossed will be contacted no later than twenty-fourforty-eight (2448)hours prior to the start of construction and will be given reasonable opportunity to be presentduring excavation and construction.

No construction-related traffic will be allowed to cross gas pipelines except in areas where additionalprotection has been provided in the form of construction mats. If necessary, physical barriers (such assnow fence) will be installed to prevent equipment and vehicles from crossing gas pipelines. No materialswill be staged over gas pipelines.

11. The Certificate Holder shall provide timely information to adjacent property ownersand/or their tenants regarding the planned construction activities and schedule. The CertificateHolder shall notify these persons of construction work affecting their residences at least oneweek prior to the commencement of construction in these areas and provide copies of allcorrespondence to Staff.

Response 11: The Certificate Holder will provide notice regarding planned construction activities andschedule via written notification to adjacent property owners and/or their tenants at least one week priorto commencing construction work adjacent to their residences.National Grid will comply.

12. The Certificate Holder shall keep local fire department and emergency managementteams apprised of on-site chemicals and waste. All chemicals and waste shall be secured in alocked and controlled area.

Response 12: National Grid will comply. Typical chemicals and waste anticipated for the Project areprovided in Table K-2 in Appendix K. A copy of the National Grid Spill Reporting and CleanupProcedures is also included in Appendix K, along with a list of emergency contact personnel, areahospitals, and a map indicating the location of the nearest hospitals.

13. The Certificate Holder shall notify Staff and the New York State Department ofEnvironmental Conservation (“DEC”) immediately of any fuel or chemical spills.

Response 13: National Grid will comply. An unintentional or accidental spill or release of any oil orchemical in any quantity on land, water or to the air must be reported to the National Grid EnergyControl Center (ECC) at (716) 831-7325 when on the western end of the project, or at (315) 460-7296when on the eastern end of the project, and in accordance with National Grid’s Environmental GuidanceEG-501NY for Release Notification and EG-502NY for Spill and Release Cleanup, included in AppendixK to this EM&CP. These guidelines address immediate incident activities, reporting instructions,notifications and general cleanup procedures. On-site and off-site reporting requirements are alsosummarized in Section III B (2) of this EM&CP.

14. The Certificate Holder shall comply with the requirements for the protection ofunderground facilities set forth in 16 NYCRR Part 753 “Protection of Underground Facilities”.


Plan and Profile drawings include relative locations of known underground utilities and constructionspecifications, and require the contractor to verify, locate and mark or have marked all overhead and



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underground facilities within the bounds of the designated working areas. National Grid will require thatits contractors comply with all applicable requirements of this regulation.

Notification requirements:

(a) Every notice provided to the one-call notification system concerning planned excavation ordemolition will contain at least the following information:

name of the person serving such notice; name, address, and telephone number of the excavator or excavator’s company; excavator’s field telephone number, if one is available; name of field contact person, if any; address and exact location as well as the approximate extent and dimensions of the

planned work area; means of excavation or demolition and whether or not explosives are to be used; brief description of the planned excavation or demolition, and; date and time the excavation or demolition is planned to commence.

(b) When necessary for adequate identification, or as determined by mutual agreement of theoperator and excavator, the excavator will delineate the work area with white paint, white stakes orother suitable white markings.

15. The Certificate Holder shall take appropriate measures to minimize fugitive dust andairborne debris from construction activity.

Response 15: National Grid will comply. As described in the EM&CP Procedures in Appendix F, high-traffic areas will be covered with gravel and exposed soils and roadways will be wetted as needed duringextended dry periods to minimize dust generation. Only plain water will be used for dust suppression.

16. Parking for Project construction workers shall be in designated areas which do notinterfere with normal traffic, cause a safety hazard or interfere with existing land uses. Theseparking areas shall be designated in the EM&CP.

Response 16: National Grid will comply. Construction worker parking has been designated at proposedgeneral locations for Project marshalling yards identified on the Plan & Profile drawings in Appendix A.These parking areas are listed in Table M-4 in Appendix M.

17. Direct disturbance to properties shall be avoided by accessing the ROW from existingroadways or approved off-ROW access roads.


18. During and after construction, the Certificate Holder will control access to the ROW fromroadways. Detailed dimension drawings and specifications for locking gates including paintcolor other than orange shall be provided in the EM&CP.



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Response 18: National Grid will comply. National Grid has determined that, to deter unauthorizedvehicular access from public roads, it will place "Posted" signs at the ROW edges in those locationswhere the ROW intersects public roads, as identified on the Plan and Profile drawings. To deterunauthorized ATV access, it will place "Posted" signs at known points of unauthorized ROW entry thatare used by ATVs, as identified on the Plan and Profile drawings. Given the general lack of effectivenessof gates in control access to ROWs, National Grid has determined not to use gates.

On a long, narrow, linear right-of-way like this, gates provide no barrier to physical access and areeasily circumvented. A person who is willing to trespass has no difficulty going around, under, orthrough a gate placed perpendicular to the length of the ROW. The gate serves no function other than toalert persons that access is not authorized. "Posted" signs achieve the exact same result, and do so atmuch less expense and with the capability to be located at many more locations along the ROW. Postedsigns also have the legal effect, pursuant to NYSDEC regulations, of notifying persons that entry isillegal. This clear result is not available with a gate.

Furthermore, gates create an additional level of legal exposure to National Grid. The Company recentlyincurred the cost -- and risk -- of defending itself against personal injury claims brought by individualswho, while apparently trespassing or attempting to do so -- injured themselves by colliding with gates onCompany ROWs.

National Grid's proposal includes the intention to identify unauthorized access to or along the ROW, atwhich times it will notify and coordinate among its Environmental Affairs, ROW, Security, and/or LegalDepartments. It also will employ reasonable means to inform the public about the high risks andnegative impacts of adverse use of electric transmission ROWs. Trespass is usually a criminal act. Aperson willing to break the law by trespassing near a Posted sign is not likely to be deterred by thepresence of a gate. National Grid's Security Department stays in close contact with local lawenforcement officials and, if necessary, presses charges whenever trespassers are apprehended on any ofthe Company's ROWs.

19. For each road crossing, the Certificate Holder shall implement a Maintenance andProtection of Traffic (“MPT”) plan that identifies procedures to be used to maintain traffic andprovide a safe construction zone for those activities within the roadway right-of-way. TheCertificate Holder also shall prepare MPT plans for each location where construction vehicleswill access the transmission line ROW from the local roadway. The MPT plans shall addresstemporary signage, lane closures, placement of temporary barriers, and traffic diversion. TheCertificate Holder shall provide MPT plans in conjunction with the Plan and Profile drawings foreach circuit in the EM&CP.

a) All signage utilized shall comply with New York State Department of Transportation(“DOT”) Manual of Uniform Traffic Control Devices (manual No. 7155). Placement of signs shallbe determined in consultation with the jurisdictional agency. At a minimum, signs shall beplaced at the following distances:

i) Signs announcing construction at 500 feet and 1,000 feet;

ii) Signs depicting workers at 300 feet;

iii) Where blasting is to take place within 50 feet of a road, a blast-warning sign at1,000 feet.



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b) Flagmen shall be present at all times when equipment is crossing any road, whenequipment is being loaded or unloaded, and where two lane traffic has been reduced to onelane. All flagging operations shall comply with 17 NYCRR Part 131.

Response 19: National Grid will comply. MPT plans developed in accordance with the NYSDOTMUTCD Manual are provided for each road crossing in the Plan and Profile drawings, on sheets 5A-5Hof 46. Highway Work Permits for local, county, and NY State DOT jurisdictional road crossings will beobtained prior to work within road ROWs and copies of such work permits will be provided to DPS Staff.

20. To the extent required in connection with the delivery of oversized components, theCertificate Holder or its suppliers shall obtain any necessary permits from applicable stateagencies.


E. ENVIRONMENTAL MANAGEMENT AND CONSTRUCTION PLAN

21. Except where this Certificate requires otherwise, the terms of the Joint Proposal and theenvironmental protection measures contained in the Application shall be incorporated into theEM&CP. The EM&CP shall be prepared in accordance with the General Guidelines forEnvironmental Management and Construction Plans attached as Appendix E to the JointProposal, including without limitation the EM&CP Procedures attached as Attachment 1 thereto.These measures shall be applied during construction, operation and maintenance of the Project.Applicable provisions of the Certificate, EM&CP, and orders approving the EM&CP shall beaccommodated in any design, construction, ownership or maintenance contracts associatedwith the Project.

Response 21: The Plan and Profile drawings incorporate all of the environmental protection measurescontained in the Joint Proposal, the Article VII Application, the General Guidelines for Environmentaland Construction Plans, and these Certificate Conditions. National Grid’s EM&CP Procedures for thisProject have been revised to be project specific and incorporate these Certificate Conditions. The revisedProject-specific EM&CP Procedures are provided in the Environmental Notes on sheets 2A-2DI of 46, ofthe Plan and Profile drawings, in Appendix A. A red-lined version of the revised EM&CP Procedures,indicating changes since the Joint Proposal, is included as Appendix F.

22. The Certificate Holder shall provide, as a part of the EM&CP:

a) a final design plan that conforms with the Project design set forth in the Certificate,applicable federal, state and local requirements (including, but not limited to, applicableregulations, including those promulgated by DEC, the New York State Office of Parks,Recreation & Historic Preservation (“OPRHP”), the New York State Department of Agriculture &Markets (“Ag & Mkts”), the Commission, the Bureau of Alcohol, Tobacco and Firearms, theOccupational Safety and Health Administration, the NYS Department of Labor, and chemicaland waste-storage use and handling regulations); and



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b) a discussion of the status of efforts by the Certificate Holder to obtain permitsnecessary for Project construction from Federal agencies (U.S. Army Corps of Engineers(“USACE”), et al.) and state agencies with federally-delegated authority.

Response 22 (a): The Transmission Facility is designed in accordance with common industry practicesand will meet all applicable state and federal requirements.

(b): National Grid is in the process of obtaining all applicable state, local and Federalpermits. A Notice of Intent was submitted to DEC on June 7, 2010, and Authorization for coverage underGeneral Permit (GP) Number GP-0-10-001 for storm water discharges from construction activity wasreceived on June 17, 2010. An application package was submitted to the USACE on June 21, 2010, andan application meeting was held March 9, 2011. Copies of all permits applicable to the Project andcurrently available are provided in Appendix H of this EM&CP.

23. For the approximate 1.7 mile section of the existing Lockport-Mortimer 111 line where itis adjacent to an existing Rochester Gas & Electric (“RG&E”) 115kV transmission line (locatedeast of the Greater Rochester International Airport), the Certificate Holder will plan to designand place the proposed replacement structures in locations that match the existing structurelocations of the adjacent RG&E line, subject to consideration of any applicable engineering andconstruction constraints, as well as of any incremental environmental impacts to wetlands,streams or other sensitive natural resources. The Certificate Holder will provide detailedevaluation and design information regarding this attempt to match proposed structurereplacement locations with the existing RG&E structure locations, in the EM&CP.

Response 23: National Grid submitted information regarding the proposed RG&E co-location to DECand DPS Staff on September 28, 2010. Co-location of Line 111 replacement structures with existingRG&E structures will increase impacts to wetlands, including those under jurisdiction of the DEC. DECresponded on November 16, 2010 that minimization of wetland impacts should take priority, and thatstructures should not be co-located. On January 4, 2011, Staff proposed a field review to identifypotential solutions that might balance aesthetic- and wetland-related concerns. The field review was heldon February 8, 2011. Two new structures, 589A and 590A, were added near Crittenden Road and areboth located in NYSDEC-regulated wetlands (BR-5). Four existing structures that were previouslylocated in wetlands and will remain in wetlands after being co-located with adjacent RG&E structuresinclude 585, 586, 589, and 590. One existing structure located in uplands will also be co-located: 591.

24. The paved surfaces of all public and private roads will be protected from heavyequipment damage by using temporary mats that will avoid or minimize pavement damage.Should any pavement damage occur, it will be restored.

Response 24: The paved surfaces of all public and private roads will be protected from heavy equipmentdamage by using temporary mats that will avoid or minimize pavement damage. The ConstructionContractor will not have permission to allow steel tracked equipment to make contact with pavedsurfaces, on either public or private roads. Composite and/or low profile matting may be used to protectpaved surfaces, some farm fields, or lawns and driveways. Heavy duty timber mating may be used inwetlands, on tough terrain, difficult ROW, or extremely uneven surfaces. Other forms of mitigation will bedetermined in the field by the Contractor specific to the situation. Should any pavement damage occurdue to Project construction operations, it will be restored.National Grid will comply.



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25. a) Deviations from the certified centerline, as reasonably necessary, shall be allowedfor appropriate environmental or engineering reasons, except where a conflict with a provisionof the Joint Proposal or the Certificate would be created. An explanation for the deviationidentified as such shall be provided to Staff, and supporting documentation shall be provided inthe EM&CP. The procedures recited in ordering clause number 30 of this Certificate forproposing a change to the EM&CP shall apply.

b) Deviations from the design height and location of structures shall be allowed forappropriate environmental or engineering reasons, except where a conflict with a provision ofthe Order would be created. An explanation for the proposed deviation identified as such shallbe provided with supporting documentation in the EM&CP. The procedures recited in orderingclause number 30 of this Certificate for proposing a change to the EM&CP shall apply.

Response 25: National Grid will comply. From the Project as described in the Joint Proposal to theProject as proposed in this EM&CP, there are no deviations from the certified centerline or from thedesign height and location of structures except to co-locate some selected structures adjacent to some ofthe existing RG&E line structures, as discussed in Response 23.

26. The Certificate Holder shall not begin site preparation or construction with respect toany portion of the Project (except for surveying, soils testing and such other related activities asare necessary for preparation of the final design plans) and shall not commence anyproceedings under the Eminent Domain Procedure Law to acquire permanent ROW, temporaryROW, or off-ROW access until the Commission has approved the EM&CP for the relevantportion of the Project. To calculate the three-year period for acquisition of property pursuant tothe Eminent Domain Procedure Law, the date of Commission approval of an EM&CP coveringthe affected parcel shall be regarded as the date on which this Article VII proceeding wascompleted.

Response 26: National Grid will comply. If and to the extent National Grid needs to acquire permanentROW, temporary ROW, or off-ROW access for the Project and cannot secure such property rightsthrough voluntary negotiations with property owners, National Grid may seek such rights in a procedureunder the Eminent Domain Procedure Law. National Grid will not commence such proceeding until theCommission has approved the EM&CP for the relevant portion of the Project.

27. The Certificate Holder shall file copies of the EM&CP as directed by the Secretary,serve two copies on the Staff of the DEC, Central Office in Albany, one copy on each of theRegion 8 and Region 9 offices of the DEC, one copy on the Commissioner of the OPRHP, onecopy on the Staff of the Ag & Mkts, one copy on each of the Region 4 and Region 5 offices ofthe DOT; one copy on any other New York State agency (and its relevant regional offices) whichrequests the document; and one copy on active parties on the service list who request thedocument. Service upon state agencies shall be in the same manner and at the same time asfiling with the Secretary. The Certificate Holder also shall place copies for inspection by thepublic in at least one public library or other convenient location in each municipality in whichconstruction will take place. Contemporaneously with the filing and service of the EM&CP, theCertificate Holder shall provide notice, in the manner specified below, that the EM&CP has beenfiled.




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28. a) The Certificate Holder shall serve written notice(s) of filing the EM&CP on all activeparties to this proceeding, on each person on the Commission’s service list consideredpotentially affected by the subject matter in the EM&CP, and on all statutory parties to thisproceeding, and shall attach a copy of the notice to each copy of the EM&CP. Further, theCertificate Holder shall publish the notice(s) in a newspaper or newspapers of generalcirculation in the vicinity of the Project.

b) For all permanent ROW, temporary ROW, or off-ROW access to be acquired for theProject, the Certificate Holder shall cause an examination of title (title search) to be conductedin the same manner as would be conducted by a reputable title insurance company to identifyall of-record owners, mortgagees, lienholders, leaseholders or others with an interest in suchproperty rights to be acquired. The Certificate Holder shall serve written notice(s) of filing theEM&CP on each such person identified, on each person owning the underlying land right to anexisting easement being used, and on each person currently leasing a portion of any ROW tobe used for the Project.

Response 28: National Grid will comply. A copy of a written notice of National Grid’s filing of theEM&CP with the Commission (the “EM&CP Filing Notice”), including EM&CP comment proceduresand the location(s) where the EM&CP is available for inspection, is attached as Appendix I to thisEM&CP and to all copies hereof.

29. a) The written notice(s) and the newspaper notice(s) of filing the EM&CP shall contain,at a minimum, the following:

(1) a statement that the EM&CP has been filed;(2) a general description of the authorized Project and the EM&CP;(3) with respect to the written notice(s) for identified persons with a record interest in

property to be acquired, a specific description of the permanent ROW, temporary ROW, or off-ROW access to be acquired for the Project;

(4) a listing of the locations where the EM&CP is available for public inspection;(5) a statement that any person desiring additional information about a specific

geographical location or specific subject may request it from the Certificate Holder;(6) the name, address, and telephone numbers of an appropriate Certificate Holder

representative;(7) the address of the Secretary to the Commission; and(8) a statement that any person may be heard by the Commission on any matter or

objection regarding the EM&CP by filing written comments with the Secretary and the CertificateHolder within 30 days of the date the EM&CP was filed with the Commission (or within 30 daysof the date of the newspaper notice, whichever is later).

b) A certificate of service indicating upon whom all EM&CP notices and documentswere served and a copy of the written notice shall be filed with the Secretary at the time theEM&CP is filed, and shall be a condition precedent to approval of the EM&CP.




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30. a) The Certificate Holder shall report any proposed changes to the EM&CP to Staff.Staff will refer to the Secretary (or a designee) reports of any proposed changes that do notcause substantial change in environmental impact or are not related to contested issuesdecided during the proceeding. Staff will refer all other proposed changes in the EM&CP to theCommission for approval. Any proposed change affecting state highways will be referred to theCommission.

b) Upon being advised that Staff will refer a proposed change to the Commission, theCertificate Holder shall notify all active parties that have requested (before the approval of theEM&CP) to be so notified, as well as property owners or lessees whose property is affected bythe proposed change. The notice shall: (1) describe the original conditions and the requestedchange, (2) state that documents supporting the request are available for inspection at specifiedlocations, and (3) state that persons may comment by writing or calling (followed by writtenconfirmation) to the Commission within twenty-one (21) days of the notification date. Any delayin receipt of written confirmation will not delay Commission action on the proposed change.

c) The Certificate Holder shall not execute any proposed change until it receives oral orwritten approval from Staff, except in emergency situations threatening personal injury, propertydamage, or severe adverse environmental impact, or as specified in the EM&CP.

Response 30: National Grid will comply. A sample copy of the “EM&CP Notice of Change Form” isprovided in Appendix O.

F. NOTICES AND PUBLIC COMPLAINTS

31. a) The Certificate Holder shall make available to the public a toll-free or local phonenumber of an agent or employee who will receive complaints, if any, during the construction ofthe Project. In addition, the phone number of the Secretary, and the phone number of theCommission’s Environmental Compliance Section, also shall be provided.

b) The Certificate Holder shall report to Staff every complaint that cannot be resolvedafter reasonable attempts to do so. Such report shall be made within three (3) business daysafter receipt of the complaint.

Response 31: National Grid will comply. Public complaints or concerns about construction of theProject should be conveyed to National Grid via the toll-free telephone number (800) 356-0050.

Prior to construction, an updated General Contact List will be inserted in Appendix K of this EM&CPdocument and will be filed with the Commission. A copy of same will also be made available at each ofthe public libraries listed in the EM&CP Filing Notice. The General Contact List provides localtelephone contact information for National Grid’s Transmission Project Management personnel andincludes the telephone number of the Secretary and of the Commission’s Environmental ComplianceSection contact. National Grid will report to DPS Staff every complaint that cannot be resolved afterreasonable attempts to do so, or within 3 days after receipt of the complaint (whichever comes first). Tofacilitate compliance with this requirement, National Grid will maintain a complaint log, which will beavailable for inspection by DPS Staff.



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32. a) No less than two weeks before commencing site preparation, the Certificate Holdershall:

(1) provide notice to local officials and emergency personnel in the area where it will beworking on the Project;

(2) provide such notice for dissemination to local media and display in public places(such as general stores, post offices, community centers and conspicuouscommunity bulletin boards).

b) The notice shall contain:

(1) a map and a description of the Project in the local area;

(2) the anticipated date for start of construction;

(3) the name, address and local or toll-free telephone number of an employee or agentof the Certificate Holder who will receive complaints, if any, during the construction ofthe Project;

(4) a statement that the Project is under the jurisdiction of the New York State PublicService Commission, which is responsible for enforcing compliance withenvironmental and construction conditions, and which may be contacted at anaddress and telephone number to be provided in the notice;

(5) the notice shall be written in language reasonably understandable to the averageperson.

c) Upon distribution, a copy shall be submitted to the Secretary of the Commission andto DEC Staff.


33. The Certificate Holder shall provide the Contractors with complete copies of theCertificate, the approved EM&CP, the Order approving the EM&CP, updated constructiondrawings, any site-specific plans, any permit issued pursuant to section 404 of the FederalClean Water Act and the §401 Water Quality Certification. To the extent that the listeddocuments are available before contracts for construction services are executed, such copiesshall be provided to the Contractors prior to the execution of such contracts.


34. The Certificate Holder shall notify all Contractors that the Commission may seek torecover penalties for violation of the Certificate and other Orders issued in this proceeding, notonly from the Certificate Holder, but also from its Contractors, and that Contractors also may beliable for other fines, penalties and environmental damage.




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35. National Grid shall inform the Secretary and Staff at least five days beforecommencing construction or clearing on the Project.


36. National Grid shall provide Staff and DEC with weekly status reports summarizingconstruction and indicating construction activities and locations scheduled for the next twoweeks.

Response 36: National Grid will comply. A sample Weekly Status Report Form is provided in AppendixP.

37. Within ten days after the Project is in service, the Certificate Holder shall notify theSecretary and DOT of that fact.


38. Within ten days of the completion of final restoration, the Certificate Holder shall notifythe Secretary that all restoration has been completed in compliance with this Certificate and theOrder(s) approving the EM&CP.


39. The Certificate Holder shall promptly notify the Secretary in writing should it decide notto commence construction of the Project and shall serve a copy of such notice upon all partiesin the same manner and at the same time as it files its notice with the Secretary


G. RIGHT-OF-WAY, CONSTRUCTION, OPERATION, MAINTENANCE ANDRESTORATION

40. a) At least two weeks prior to the start of construction, the Certificate Holder shall hold apreconstruction meeting to which it shall invite Staff and DEC. An agenda, the location and anattendee list shall be agreed upon between Staff and the Certificate Holder.

b) The Certificate Holder shall supply draft minutes from this meeting to all attendees,the attendees may offer corrections or comments, and thereafter the Certificate Holder shallissue the finalized meeting minutes to all attendees.

c) If, for any reason, the construction contractors retained by the Certificate Holder toconstruct the Project (the “Contractors”) cannot finish the construction of the Project, and one ormore new construction contractors are needed, there shall be another preconstruction meetingwith the same format as outlined above.




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41. The Certificate Holder shall confine construction and subsequent maintenance to thecertified ROW and approved additional work areas as detailed in the EM&CP. Constructionshall not commence on any segment of the Project until the Certificate Holder has obtainedsuch ROW, temporary ROW, or off-ROW access as is necessary for such construction of suchsegment. A detailed construction schedule and location timeline shall be provided to Staff priorto construction. Each construction activity shall be described in detail in the EM&CP.

Response 41: National Grid will comply. Approved additional work areas are detailed in the EM&CPPlan & Profile drawings (Appendix A). Each construction activity is described in detail in this EM&CPand the Storm Water Pollution Prevention Plan (“SWPPP”) included in Appendix G.

42. Before Project construction begins, both edges of the ROW shall be delineated. Also,the Certificate Holder shall stake and flag all off-ROW access roads and extra workroom areas.


43. Construction activities on the Project generally shall be scheduled to occur between thehours of 7:00 a.m. and 6:00 p.m. six days per week (Monday through Saturday). Due to safetyor continuous operation requirements, construction activities may infrequently be scheduled tooccur on Sundays, with 48 hour prior notification (to the extent possible) to Staff and to theaffected municipality. As part of the EM&CP, the Certificate Holder will provide a list ofresidences located within 100 feet of the ROW, identifying the approximate locations bystructure number. The Certificate Holder shall implement noise mitigation measures set forth inSection 4.9 of Exhibit 4 during the course of the Project.

Response 43: National Grid will comply. The list of residences within 100 feet of the ROW is included inAppendix E.

44. In connection with the removal of designated danger trees as defined in theCommission’s Order Requiring Enhanced Transmission Right-of-Way Management Practicesby Electric Utilities (issued June 20, 2005) in Case 04-E-0822 and delineated in the EM&CP,neither the Certificate Holder nor any Contractors in its employ shall clear or alter any areaoutside the boundaries of the Project without prior notice to affected landowners, if any.


45. Disposal of trees and woody material:

a) The Certificate Holder shall, as part of its purchasing of new ROW and or danger treerights, negotiate in good faith with each landowner, the purchase of rights to all logs over 6inches in diameter at the small end and 8 feet or longer (“merchantable logs”). The CertificateHolder’s removal of the merchantable logs resulting from clearing the ROW for the Project shallbe based on factors such as the attributes of the site, outcome of landowner negotiations, andattributes of the logs, and the Certificate Holder shall explain these factors in detail in theEM&CP.



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b) The Certificate Holder shall comply with the provisions of 6 NYCRR Part 192, ForestInsect and Disease Control.

c) The Certificate Holder shall prepare a plan for removal, reuse, recycling and disposalof all existing equipment (transformers, wood poles, conductors, etc.). Existing transmissionfacility components removed or replaced as part of construction of the Project shall be removedfrom the ROW to appropriate destinations and handled appropriately for re-use as availablebased on conditions.

Response 45 (a): National Grid will comply. However, it is anticipated that ROW clearing will result ina negligible amount of merchantable logs and as such no timber will be removed from the ROW. Nostump removal is currently proposed for the Project. Ash (Fraxinus spp.) will be handled in a mannerconsistent with Condition 56 as described below. No logs will be stored or left in a FEMA-identifiedflood plain. Because construction and clearing activities will occur within fee-owned ROW, landownercoordination regarding timber removal is not required. Should off-ROW areas be identified and clearingactivities necessary, National Grid will negotiate in good faith with each landowner as specified by thisCondition. Clearing and slash disposal requirements are provided in Appendix F and identified in thegeneral notes included with the Plan and Profile drawings provided in Appendix A. See also the clearingand slash disposal summary information by segment and structure number in Appendix B.

(b) National Grid will comply with the provisions of 6 NYCRR Part 192.

(c) The Project will involve the reuse of 65 58 wood and steel structures and the replacement of553 560 structures. See Section I A above for the specific structure type being replaced and the specificreplacement structure. The following is National Grid’s plan for removal, reuse, recycling, and disposalof all existing equipment (transformers, wood poles, conductors, etc.): National Grid plans to remove thewood poles to the nearest ROW street crossing location that is accessible by truck for pick up anddisposal to a licensed landfill or incinerator. The steel structures will be cut and stub angles will be leftin place and cut off at least 48 inches below grade in agricultural areas, at least 18 inches below grade inwetlands, and at least 6 inches below grade in other areas, unless otherwise directed by National Grid’sConstruction Inspector. The scrap steel will be transported to the nearest ROW street crossing locationthat is accessible by truck for pickup. To the extent the scrap steel does not contain interior concrete (thetubular steel tower legs reportedly contain concrete), the scrap steel will be tested for lead paint inaccordance with standard National Grid procedures. Steel with excessive levels of metal-containingpaints will be placed in open roll-offs and delivered to an approved recycling facility. Special precautionsand/or special handling are not required; however, the recycling facility will be notified in writing thatthe steel is coated with metal-containing paint. National Grid’s Investment Recovery department willfacilitate the reuse or recycling of all steel or metal components to be removed, including conductor,cable, wire, etc., as well as the old insulators. Any old concrete foundations will be removed to aminimum of 18 inches” below ground levelleft in place slightly below ground level (except in agriculturalareas, where they will be removed to at least 48 inches below grade). Any other concrete waste will beremoved from the ROW and transported to a concrete salvage facility, if available, or it will betransported to a licensed construction and demolition (C&D) disposal facility or solid waste landfill.

46. All trees over two inches in diameter at breast height or shrubs over four feet in heightdamaged or destroyed by activities during construction, operation, or maintenance, regardlessof where located, shall be replaced within the following year by the Certificate Holder with theequivalent type of trees or shrubs except if:

a) other arrangements are specified in the approved EM&CP;



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b) equivalent type replacement trees or shrubs would interfere with the proper clearing,construction, operations or maintenance of the Project or would be inconsistent with Stateinvasive species policy;

c) replacement would be contrary to sound ROW management practices, or to anyapproved long-range ROW management plan applicable to the Project or adjoining transmissionfacilities; or

d) the owner of land where the damaged or destroyed trees or shrubs were located (orother recorded easement or license holder with the right to control replacement) declinesreplacement.

Response 46: National Grid will comply. All trees and shrubs as specified in Certificate Condition 46damaged or destroyed by activities during construction, operation, or maintenance will be replacedwithin the following year by National Grid, except if located in areas cleared to provide safe and reliableaccess for maintenance and operation of the line per 46(c). These areas include areas to be cleared tothe north of the existing maintained ROW to result in a 75 foot cleared area from the centerline to thenorth in uplands, and toexcept in DEC-regulated forested wetlands, where clearing will result in a 50foot cleared area from the centerline to the north in wetlands, between structures 127 and 495, andbetween structures 520 and 525. Danger trees removed from wetlands in these areas between 50 and 75feet north of the centerline will not be replaced. A site-specific landscaping plan will be developed torestore damaged trees and shrubs, where appropriate.

47. a) Neither the Certificate Holder nor any Contractors in its employ shall construct anynew, or improve any existing, access roads not located on the ROW authorized as part of theProject or on other utility ROW to be utilized in the construction or operation and maintenance ofthe certified facilities, or other than as described in the EM&CP. Should the need arise foradditional off-ROW access, the Certificate Holder shall submit a request to Staff; the request willbe considered consistent with the provisions herein listed; if the change may involve a site listedor eligible for listing on the New York State or National Register of Historic Places, Staff willconsult with OPRHP Field Service Bureau, and forward a recommendation to the Secretary. Ifthe change involves any State-regulated wetland or protected stream or waterbody, or thehabitat of any threatened plant or animal species, Staff will give notice to DEC.

b) Off-ROW access to the Project using the roads indicated in the Certificate Holder’sProposed Access Easement map is authorized subject to applicable provisions of any Orderissued in this proceeding and EM&CP provisions for environmental management.

Response 47: National Grid will comply. All proposed, authorized, and secured permanent andtemporary off-ROW access is depicted on the project-specific Plan and Profile drawings or referenceddetail sheets. Off-ROW marshalling areas are located and referenced on sheets 1B-1E of the EM&CPPlan & Profile drawings. Table M-2 in Appendix M summarizes the access requirements and associatedagreements or status of agreements. Minor access alignment changes may be necessary, and will bemade by the contractor in the field following proper approvals from DPS Staff.

48. (a) The Certificate Holder shall provide detailed soil erosion and sediment controlplans in a Stormwater Pollution Prevention Plan (“SWPPP”), which will be included with theEM&CP.



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b) The Certificate Holder shall install temporary erosion control devices as soon aspracticable and appropriate as indicated in the EM&CP or in any SWPPP, but in any event nolater than the end of the work day in which site disturbance occurs.

Response 48: National Grid will comply. The Project-specific SWPPP is provided in Appendix G.

49. The Certificate Holder shall provide details in the EM&CP for street work, includingprovisions for minimizing the duration and extent of open excavation, traffic disruptions, andwork within and adjoining public streets and ROW.

Response 49: Proposed details of road crossings, including traffic control, are provided on sheets 5A-5H of the Plan & Profile drawings, in Appendix A. Traffic pattern disruptions (see National Grid’sresponse to Certificate Condition 19) of any significance are anticipated only during stringing andmaterials delivery. Caution cones, signs, flag persons and typical safety measures will be deployed atthese locations. Any existing barriers and gates will be built or rebuilt at road crossings as deemednecessary by the Construction Inspector. Road crossings are shown on the EM&CP Plan & Profiledrawings along with traffic control notes and requirements.

In some locations, it may be necessary to replace existing culverts when access road improvements aremade. The Plan and Profile construction drawings in Appendix A illustrate the location of existingculverts and proposed culverts. The environmental details provided in Appendix A illustrate culvertplacement that will require maintenance, improvement or excavation for installation.

50. The Certificate Holder shall develop a comprehensive plan for inclusion in the EM&CP,which shall provide for the Certificate Holder to identify potential encroachments within the ROWand to contact individual property owners or occupants to address and seek to rectify suchpotential encroachments on a case-by-case basis. The Certificate Holder shall report to Staffthe result of such efforts periodically, but in no event less than quarterly.

Response 50: National Grid developed the Comprehensive Right-of-Way Encroachment Plan for theLockport-to-Mortimer Project (Case 09-T-0870) set forth in Appendix N attached hereto in compliancewith the requirement of this Certificate Condition that it develop a comprehensive plan to identifypotential encroachments within the ROW and to contact individual property owners or occupants toaddress and seek to rectify such potential encroachments on a case-by-case basis. National Grid willcomply with this Certificate Condition’s requirement to report the results of such efforts to Staff.

51. Disturbed areas, ruts, and rills will be restored to original grades and conditions withpermanent re-vegetation and erosion controls appropriate for those locations. Disturbedpavement, curbs and sidewalks shall be restored to their original preconstruction condition orimproved.

Response 51: National Grid will comply. Areas along the ROW that have been scarified and rutted willbe graded and seeded. This activity will be completed within three months after construction along aparticular segment has been completed unless seasonal limitations preclude final restoration within thistimeframe. Where transmission line construction has changed grade and contour along the ROW, thearea will be restored to original grade. Ruts and rills will be filled during grading. Exceptions will be



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made only when changes in grade are desired and requested by the landowner to improve the area or arenecessary for the safe and efficient maintenance and operation of the facility. Where the trench or polebackfill area has settled below ground level, it may be necessary to import topsoil to return an area tograde.

No new permanent drainage and erosion control measures are proposedTwo (2) stream crossings willinclude the installation of permanent culverts (Streams S6 and S41), and . Ttwo (2) stream crossings willinclude the replacement of existing culverts (Streams S612 and S128); all other crossings will utilizeexisting crossings or temporary crossing structures.

Construction in urban or residential areas may require a variety of restoration activities. Abovegroundand underground structures (e.g., water and gas service), street pavements, curbs and sidewalks, andother features may require repair or replacement as a result of construction.

Curbs, sidewalks, and streets damaged by construction should be restored to a condition "as good if notbetter" than that prior to construction. National Grid will consult, where applicable, the municipal Roador Highway Department, Regional Office or County Engineer of the NYSDOT and incorporate applicablespecifications for curb or street restoration.

52. The Certificate Holder shall, on completion of Project construction:

a) provide an assessment of the need for landscape improvements, including vegetationplanting, earthwork or installed features to screen or landscape the Project with respect to roadcrossings, residential areas, and substations;

b) prepare plans for any visual mitigation found necessary, considering removal,rearrangement and supplementation of existing landscape improvements or plantings;

c) consult with Staff on the content and execution of its assessment, resultantlandscaping plan specifications and materials list; details shall include measures for controllingmaintenance and third party or wildlife damage to any landscape and vegetation plantings; and

d) assessments and plans shall be presented for Staff review within one year of the datethe Project is placed in service.


53. The Certificate Holder shall comply with the Transmission Right-of-Way ManagementProgram as approved by the Commission in Case 27605 by letter dated June 28, 2010.


54. The Certificate Holder shall be responsible for checking all culverts and assuring thatthey are not crushed or blocked during construction and restoration of the Project, and, if aculvert is blocked or crushed, taking immediate steps to replace or repair the culvert.




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55. The Certificate Holder shall promptly notify Staff and the DEC Regional NaturalResources Supervisor if any threatened or endangered plant or animal species or specialconcern species listed in New York is encountered on the Project so as to determine theappropriate measures to be taken to protect such species. If necessary to protect the speciesor their habitat from immediate harm, the Certificate Holder shall stabilize the area and ceaseconstruction or ground-disturbing activities in the area.

Response 55: National Grid will comply. Specific measures to protect special-status species are notedon the Plan and Profile drawings in Appendix A and discussed below in Section III A (7a) of thisdocument.

56. During the initial clearing phase of the Project, the Certificate holder shall identify Ashtrees (fraxinus sp.) located on the ROW. The Environmental Monitor(s) shall ensure that all Ashtrees harvested during the Project either: (1) remain on site in a manner or location thatminimizes the risk that the trees will be removed from the ROW; (2) are chipped; or (3) aretransported to a wood-using facility pursuant to appropriate EAB compliance agreements.


H. HERBICIDE USE

57. No herbicide not specified in the EM&CP may be used in regulated wetlands andstreams or their adjacent areas without the prior approval of Staff or the Commission pursuantto ordering clause number 30 of this Certificate.

Response 57: National Grid will comply. Procedures for herbicide use and a list of herbicides thatpotentially may be utilized during clearing and maintenance activities are included in Appendix L.Herbicide mix "C" will be used for stump-treatment within regulated wetlands and associated buffers(Accord Concentrate, EPA# 62719-324, 53.8% Glyphosate, 50% Accord C / 50% Water). Herbicide mix"K" also has potential for use within these areas if applied using the backpack low-volume foliarapplication technique. (Accord Concentrate, EPA# 62719-324, 53.8% Glyphosate, 5 gallons [gals.]. in100 gals. Water).

58. The Certificate Holder shall notify Staff and the appropriate DEC Regional NaturalResource Supervisor(s) and Pesticide Control Specialist fourteen days prior to thecommencement of herbicide application on the Project.




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59. The application of herbicides shall be made under the direct supervision of a NYSCertified Applicator who shall own or be employed by a New York State-registered business.The supervising certified applicator shall be familiar with and understand the provisions of thisCertificate and shall be present in the field to ensure compliance with best managementpractices for targeting species and for proper application of authorized herbicides.


60. All herbicides used shall have valid registrations under applicable state and federallaws and regulations. Any request for a proposed change to the herbicides planned for use,including mix proportions, additives or method of application, shall be submitted for approvalpursuant to ordering clause number 30 of this Certificate at least 30 days prior toimplementation of the proposed change. All changes shall be made in accordance with thepesticide labeling.

Response 60: National Grid will comply. A list of herbicides and their associated mix proportions andmethod of application is included in Appendix L.

61. Application of herbicides shall conform to all label instructions and all applicable stateand federal laws and regulations. Herbicides shall not be applied within 10 feet of streams orstanding water or within 100 feet of any public water supply (reservoirs and wellheads).Applicators shall reference maps which indicate treatment areas, and wetland and adjacentarea boundaries, prior to treating. Applications required in seasonally flooded freshwaterwetlands shall be undertaken during a dry season.

Response 61: National Grid will comply. The above-referenced wetlands and wetland adjacent areasare depicted on the Plan and Profile drawings in Appendix A. No public water supplies (reservoirs andwellheads) were identified within 100 feet of the ROW. Data requests regarding the locations of potablewater supplies were made to the Niagara, Orleans, and Monroe County Departments of Health; areaswithin 100 feet of potable water sources are indicated as “No Herbicide Areas” on the Plan and Profiledrawings.

62. Motorized vehicle use associated with the application of herbicides within regulatedwetlands shall be kept to a minimum. Motorized vehicles traversing the ROW for herbicidetreatment shall stay on the main access route through any wetland area. Whenever possible,herbicide spraying within regulated wetlands shall be done by backpack treatment method. Ifuse of a motorized vehicle is necessary, the vehicle used shall be a wide track or flex trackvehicle. To prevent intensive or repetitive traversing, vehicles may not pass over any treatedwetlands more than twice during the season.




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63. No equipment wash water or excess herbicide shall be allowed to enter regulatedwetlands, streams or waterbodies. Empty containers shall be disposed of in accordance withapplicable pesticide regulations and the requirements of Section 7 of Attachment 1 to AppendixE to the Joint Proposal.


64. Application methods in wetland areas shall be designed to minimize the amount ofconcentrate used and maximize the effectiveness of the treatment.


I. ENVIRONMENTAL SUPERVISION

65. The Certificate Holder shall use at least five (5) inspectors on the Project (or at leastfour (4) if the Certificate Holder elects to use the same individual as both environmental monitorand agricultural inspector): (a) at least one environmental monitor employed full-time on theProject; (b) one construction inspector employed full-time on the Project; (c) one agriculturalinspector employed part-time on the Project; (d) one safety inspector who will inspect the worksite from time to time; and (e) one quality assurance inspector who will inspect the work sitefrom time to time. During periods of relative inactivity on the Project, the number of inspectorsand the extent of their presence at the Project site may temporarily decrease commensuratewith the decline in Project activity; likewise, during periods of relatively high activity on theProject, the number of inspectors and the extent of their presence at the Project site maytemporarily increase commensurate with the increase in Project activity. The environmentalmonitor shall have stop work authority over all aspects of the Project. The Certificate Holdershall provide to Staff a weekly schedule of the environmental monitor and the constructioninspector and their cell phone numbers. The environmental monitor and the constructioninspector shall be equipped with sufficient documentation, transportation and communicationequipment to effectively monitor each Contractor’s compliance with the provisions of everyOrder issued in this proceeding and applicable sections of the PSL, EnvironmentalConservation Law, §401 Water Quality Certification and the EM&CP. The names andqualifications of the environmental monitor and the construction inspector shall be submitted toStaff at least two weeks prior to the start of construction. The environmental monitor’squalifications shall satisfy those of a “Qualified Inspector” pursuant to the New York State DECSPDES General Permit for Stormwater Discharges from Construction Activity (Permit No. GP-0-10-001) (“SPDES General Permit”). The Certificate Holder’s employees, Contractors andsubcontractors shall be properly trained in the construction, operation and maintenance of theProject.

Response 65: National Grid will comply. Details on the Environmental Supervision proposed byNational Grid are described in Section III B (3) of this EM&CP and in Supervision, Inspection, andMonitoring Procedures in Appendix F.

66. The authority granted in the Certificate and any subsequent order(s) in this proceedingis subject to the following conditions necessary to ensure compliance with such order(s):



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a) The Certificate Holder shall regard Staff representatives (authorized pursuant to PSL§8) as the Commission’s designated representatives in the field. In the event of any emergencyresulting from the specific construction or maintenance activities that violate or may violate theterms of the Certificate or any other order in this proceeding, such Staff representatives mayissue a stop work order for that location or activity.

b) A stop work order shall expire 24 hours after issued unless confirmed by a singleCommissioner. If a stop work order is confirmed, the Certificate Holder may seekreconsideration from the confirming Commissioner or the whole Commission. If the emergencyprompting the issuance of a stop work order is resolved to the satisfaction of the Commissioneror the Commission, the stop work order will be lifted. If the emergency has not beensatisfactorily resolved, the stop work order will remain in effect.

c) Stop work authority will be exercised sparingly and with due regard to potentialenvironmental impact, economic costs involved, possible impact on construction activities, andwhether an applicable statute or regulation is violated. Before exercising such authority, Staffrepresentatives will consult (wherever practicable) with the Certificate Holder’s representativespossessing comparable authority. Within reasonable time constraints, all attempts will be madeto address any issue and resolve any dispute in the field. In the event the dispute cannot beresolved, the matter will be brought immediately to the attention of the Certificate Holder’sProject Manager and the Director of the Office of Energy Efficiency and the Environment. In theevent that a Staff representative issues a stop work order, neither the Certificate Holder nor theContractor will be prevented from undertaking any safety-related activities as they deemnecessary and appropriate under the circumstances. The issuance of a stop work order or theimplementation of measures as described below may be directed at the sole discretion of theStaff representative during these discussions.

d) If a Staff representative discovers a specific activity that represents a significantenvironmental threat that is or immediately may become a violation of the Certificate or anyother Order in this proceeding, the Staff representative may -- in the absence of responsibleCertificate Holder supervisory personnel, or in the presence of such personnel who, afterconsultation with the Staff representative, refuse to take appropriate action -- direct the fieldcrews to stop the specific potentially harmful activity immediately. If responsible CertificateHolder personnel are not on site, the Staff representative will immediately thereafter inform theConstruction Inspector and/or Environmental Monitor of the action taken. The stop work ordermay be lifted by the Staff Representative if the situation prompting its issuance is resolved.

e) If the Staff representative determines that a significant threat exists such thatprotection of the public or the environment at a particular location requires the immediateimplementation of specific measures, the Staff representative may, in the absence ofresponsible Certificate Holder supervisory personnel, or in the presence of such personnel who,after consultation with the Staff representative, refuse to take appropriate action, direct theCertificate Holder or its Contractors to implement the corrective measures identified in theEM&CP. The field crews shall comply with the Staff representative’s directive immediately. TheStaff representative will immediately thereafter inform the Certificate Holder’s ConstructionInspector and/or Environmental Monitor of the action taken



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f) Staff will promptly notify the appropriate DEC representative of any activity that is asignificant environmental threat to a State-regulated wetland or its adjacent area, a protectedstream or other waterbody, or a threatened or endangered species, or that may become aviolation of the Certificate or other Order pursuant to clause (d) above.


67. The Certificate Holder shall organize and conduct site-compliance audit inspections forStaff as needed, but not less frequently than once per month during the site preparation,construction, and restoration phases of the Project, and at least annually for two years after theProject is operational.

a) The monthly inspection shall include a review of the status of compliance with allconditions contained in the Certificate and any other Order issued in this proceeding, other legalrequirements and commitments, as well as a field review of the Project site, if necessary. Theinspection also may include:

(1) review of all complaints received, and their proposed or actual resolutions;

(2) review of any significant comments, concerns or suggestions made by the public,local governments, or other agencies;

(3) review of the status of the Project in relation to the overall schedule established priorto the commencement of construction; and

(4) other items the Certificate Holder or Staff consider appropriate;

b) The Certificate Holder shall provide a written record of the results of the inspection,including resolution of issues and additional measures to be taken, to agencies involved in theinspection audit.


68. Nothing herein shall be deemed to limit the right of DEC to enter and inspect theProject to assess compliance with any DEC-issued permit or applicable substantive statute orregulation under DEC’s jurisdiction.


J. ROADS AND HIGHWAYS

69. The Certificate Holder shall minimize the impact of the construction of the Project ontraffic circulation. Traffic control personnel and safety signage shall be employed to ensure safeand adequate traffic flow when roadways are affected by construction.




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70. The Certificate Holder shall consult periodically with municipal highway transportationagencies about traffic conditions near the Project site and shall notify each such transportationagency of the approximate date work will begin in its jurisdiction, using access points that takedirect access from the highways in that jurisdiction.


71. Construction access to the ROW of limited-access highways shall be provided fromoff-highway locations.


72. DOT shall have authority to place inspectors on site to monitor and observe theCertificate Holder’s activities on state highways, and/or to request the presence of state or localpolice to assure the safety of freeway travelers, at such times and for such periods as DOTdeems appropriate. All costs thereof shall be borne by the Certificate Holder.


73. In preparing the EM&CP, the Certificate Holder shall consult with each transportationdepartment or agency normally having jurisdiction over any roads in the Project vicinity that willbe crossed by the certified facilities, or used for direct access to the ROW. If the access roadtakes direct access from, or lies within the limits of, such roads, the Certificate Holder shallnotify each relevant transportation department or agency of the approximate date when workwill begin.

Response 73: National Grid has complied.

74. a) All work within state highway rights-of-way shall be performed according to the trafficand safety standards and other requirements contained in 17 NYCRR Part 131, entitledAccommodation of Utilities Within State Highway Right-of-Way.

b) The detailed manner of state highway crossings shall be coordinated with theappropriate Regional DOT authority, and the information responding to the requirements of17 NYCRR Part 131 shall be included in the EM&CP.

Response 74: National Grid will comply. Highway Work Permits obtained from local, county, andNYSDOT jurisdictional road crossings prior to the wire stringing operations will be contained inAppendix J of this EM&CP and copies of such work permits will be provided to DPS Staff.

K. CULTURAL RESOURCES

75. Should archeological materials be encountered during construction, the CertificateHolder shall stabilize the area and cease all ground-disturbing activities in the immediate vicinityof the find and protect the same from further damage. Within twenty-four (24) hours of such



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discovery, the Certificate Holder shall notify Staff and OPRHP Field Services Bureau todetermine the best course of action. No ground-disturbing activities shall be permitted in thevicinity of the find until such time as the significance of the resource has been evaluated and theneed for and scope of impact mitigation has been determined.

Response 75: National Grid will comply. Contact and consultation information with OPRHP isprovided in Appendix H.

76. Should human remains or evidence of human burials be encountered during theconduct of archeological data recovery fieldwork or during construction, all work in the vicinity ofthe find shall be halted immediately and the remains shall be protected from further disturbance.Within twenty-four (24) hours of any such discovery, the Certificate Holder shall notify the Staffand OPRHP Field Services Bureau. Treatment of human remains shall be done in accordancewith the OPRHP’s Human Remains Discovery Protocol. All archaeological or remains-relatedencounters and their handling shall be reported in the status reports summarizing constructionactivities and reviewed in the site-compliance audit inspections.


77. The Certificate Holder shall avoid creating adverse impacts on historic structures in theProject vicinity by implementing Project location, design, and vegetation management measuresas shall be specified in the EM&CP.

Response 77: National Grid will comply; however, there are no historic structures on or adjacent to theROW.

78. The Certificate Holder shall have a continuing obligation during the life of the Project torespond promptly to complaints of negative archeological impacts and to mitigate any suchimpacts through on-site design modifications and off-site mitigation techniques developed inconsultation with the OPRHP Field Services Bureau.


L. WATERBODIES AND REGULATED WETLANDS

79. The Certificate Holder shall minimize disruption to regulated wetlands during theconstruction, operation and maintenance activities of the Project.

a) Regulated wetland locations shall be delineated in the field as indicated on theEM&CP drawings for the Project, the ROW and any off-ROW access roads or construction-related areas. Such drawings shall be delivered for review to Staff and DEC at least thirty (30)days prior to the filing of the EM&CP.

b) Any activities which may affect regulated wetlands shall be designed and controlled tominimize adverse impacts, giving due consideration to the environmental features and functions



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of the regulated wetlands and the one hundred (100) foot adjacent area associated with anyState-regulated wetlands (“adjacent area”).

c) The Certificate Holder shall, to the maximum extent practicable, avoid direct impactsto regulated wetlands and construct access roads outside regulated wetlands and adjacentareas. Any direct impacts which are not avoided shall be minimized and appropriatelymitigated.

d) Construction through regulated wetlands or adjacent areas shall be done with trackedequipment or on temporary mats or geotextile/gravel access roads and shall be restricted toaccess roads and work areas set forth on the EM&CP drawings, provided that the CertificateHolder’s use of geotextile and gravel for access roads shall not contravene the requirements setforth in ordering clause number 81 of this Certificate.

(e) Except in connection with “danger tree” clearing during construction of the Projectrequired to prevent inadvertent outages, selective vegetation clearing techniques (e.g., handcutting) shall be used within 100 feet of any regulated wetland so as to reduce the amount ofactivity and disturbance to the wetland and adjacent area.

(f) Equipment or machinery shall not be washed in any regulated wetland oradjacent area, and runoff resulting from washing operations shall not be permitted to directlyenter any State-regulated wetland or protected stream or waterbody.

(g) Any excess excavated material resulting from structure installation that is to beremoved from State-regulated wetlands or adjacent areas shall not be stored inside regulatedwetlands or adjacent areas. Excavated material shall be stockpiled outside regulated wetlandareas and all excess material shall be disposed of in approved upland locations in a mannerconsistent with Section 7 of Attachment 1 to Appendix E to the Joint Proposal.

Response 79 (a-g): National Grid will comply. Best Management Practices (“BMPs”) described in thisCertificate Condition are provided in the EM&CP Procedures in Appendix F and on sheets 2BD-2E of 46of the Plan and Profile drawings, in Appendix A. All wetland resources on the ROW, adjacent toconfirmed off-ROW areas, access roads, and stringing locations have been delineated in the field andidentified on the Project-specific Plan and Profile drawings. They will be re-flagged prior to the start ofconstruction. Appendix C, Table C-1 lists and locates the wetlands occurring along the ROW.

Wetland boundaries were delineated using the routine on-site inspection method detailed in the 1987Corps of Engineers Wetland Delineation Manual. This delineation method is consistent with wetlanddelineation methods detailed in the 1995 New York State Freshwater Wetlands Delineation Manual. Bothof these methods include field-testing for the presence of criteria that are typically found in wetlands.These criteria include wetland hydrology, a predominance of hydrophytic vegetation, and hydric soils.

A total of 145 wetlands were identified during field delineations conducted from August through October2009. There are 52 field-delineated wetlands representing 27 DEC jurisdictional wetlands that cross theexisting ROW, and an additional 93 wet areas that meet the definition of “Federal” wetlands. NationalGrid requested field verification of DEC wetlands by submittal of the Wetland Delineation andWaterbody Identification Report to DEC Regions 8 and 9 on September 13, 2010. Comments werereceived from both Regions 8 and 9 regarding DEC jurisdictional wetlands and are reflected on the Planand Profile drawings in Appendix A and summarized in Table C-1 in Appendix C. Although Article VIIand this EM&CP replace the need for coverage under National Grid’s General Permit for Routine Right-



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of-Way Maintenance Activities (DEC No. 0-0000-01147/00001), the same BMPs and associatedprotection measures will be applied to re-construction activities in identified DEC wetlands andassociated 100-foot wide adjacent areas.

Wetlands identified within the ROW are subject to protection pursuant to Section 404 of the Clean WaterAct. An application package for authorization under the Nationwide Permit (“NWP”) Program wassubmitted to the USACE Buffalo District on September 21, 2010. An application meeting was held March9, 2011. A copy of this authorization and of the USACE’s Nationwide Permit applicable to the Projectwill be provided to Staff and included in Appendix H, upon receipt.

The Wetland Delineation and Waterbody Identification Report was submitted to Staff on September 16,2010(Richard Powell) and November 2, 2010 (John Strub).

80. The Certificate Holder shall minimize disruption to streams and waterbodies duringProject construction, operation and maintenance. Measures to protect protected streams andwaterbodies from runoff and sedimentation during construction shall include:

a) Construction vehicle access across protected streams and waterbodies shall belimited to existing bridges and culverts and to temporary crossings installed in accordance withthe provisions set forth in the EM&CP;

b) Vehicular access shall be prohibited, where alternative access can be provided;

c) The Certificate Holder shall not store, mix, handle open containers or load pesticides,chemicals labeled toxic, or petroleum products or refuel equipment within 100 feet of a streamor water body or wetland;

d) Where “danger tree” clearing during construction of the Project is required to preventinadvertent outages, selective vegetation clearing techniques shall be used within 50 feet ofstreams and water bodies, except for access roads where general clearing may be necessary toensure safe construction vehicle passage or staging;

e) In accordance with the SWPPP, to be included with the EM&CP, EM&CP proceduresfor erosion and sediment control shall be implemented early in the construction process andprior to the start of grading and excavation activities; such procedures shall be maintainedthroughout the construction period and in accordance with New York Standards andSpecifications for Erosion and Sediment Control (August 2005);

f) Water from dewatering operations shall be pumped into a temporary straw bale/siltfence barrier or filter bag to settle suspended silt material prior to discharge. Direct discharge toState-regulated wetlands and protected streams and waterbodies shall be avoided;

g) Equipment or machinery shall not be washed in any stream or waterbody, and runoffresulting from washing operations shall not be permitted to directly enter any State-regulatedwetland or protected stream or waterbody;

h) Spill response and clean-up procedures shall be implemented to minimize andrespond to any accidental spills of chemicals, fuel, or hazardous liquids.



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Response 80: National Grid will comply. It will comply with BMPs enumerated in this CertificateCondition and provided on sheets 2BD-2E of 46 of the Plan & Profile drawings in Appendix A.

The SWPPP is provided in Appendix G and Spill Reporting and Cleanup Procedures are provided inAppendix K. All waterbodies within the ROW, confirmed off-ROW areas, access roads, and stringinglocations have been delineated in the field and identified on the Plan and Profile drawings. They will bere-flagged prior to the start of construction. Appendix C, Table C-2 lists and locates the waterbodiesoccurring along the ROW.

There are 44 waterbodies within the existing ROW, seven of which are DEC-protected waterbodies (classA or B state designated waters). All other streams are designated class C or not listed (NL). No troutstreams (class T) were identified within the existing ROW. Although Article VII and this EM&CP replacethe need for coverage under National Grid’s General Permit for Routine Right-of-Way MaintenanceActivities (DEC No. 0-0000-01147/00001), the same BMPs and associated protection measures will beapplied to re-construction activities in waterbodies.

Waterbodies identified within the ROW are subject to protection pursuant to Section 404 of the CleanWater Act and Section 10 of the Rivers and Harbors Act. An application package for a Section 10 permitand authorization under the Nationwide Permit (NWP) Program was submitted to the USACE BuffaloDistrict on September 21, 2010. An application meeting was held on March 9, 2011. A copy of thispermit and authorization will be provided to Staff and included in Appendix H upon receipt.

81. Construction of any access roads through State-regulated wetlands or adjacent areasshall be carried out using methods of construction set forth in the EM&CP for State-regulatedwetlands impact minimization, including measures to assure that:

a) Use of tracked equipment, temporary mats and/or geotextile/gravel access roads willminimize effects to these State-regulated wetlands and adjacent areas.

b) The use of geotextiles in combination with stone and gravel is expected to occurrarely and only if access cannot be achieved by other means, subject to the following

i. The area where such materials will be applied shall be set forth in theEM&CP and plans shall be updated as appropriate to identify new oradditional locations where materials will be applied.

ii. The EM&CP shall include a detailed description of the minimumrequirements for the geotextile that will prevent tearing during removal(technical specifications, thickness, tensile strength, etc.) and specificexamples of materials to be used.

iii. The procedures for removing the material shall be as follows: Similar toremoving stabilized construction entrances at public roadsides, theContractor will connect an excavator to the far end of the fabric and pull itbackwards onto itself, causing the stone to pile up where it can bescooped up and removed with a backhoe or loader. Removing atemporary access road in this manner shall be done in segments. Fabriclaid down for such temporary access roads shall be several feet wider oneach side of the road to allow for expansion of the stone surface fromconstruction traffic and to help facilitate efforts to completely remove allstone materials from the wetland site. The wetland surface shall then be



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restored to its original contours and restored in accordance with thedirection and guidance of Staff and DEC (which may involve seeding orplanting).

iv. Any use of geotextiles and associated gravel/stone other than at aconstruction entrance or exit as described in the EM&CP or any changesin the technical specifications (e.g. thickness, tensile strength, etc.) of thematerial to be used shall be reported pursuant to ordering clause number30.

v. The Certificate Holder shall restore all wetland functions and values inaccordance with the EM&CP or other supplemental mitigation plan.

vi. Compensatory mitigation such as vegetation plantings or a project toaddress invasive species in wetlands shall be considered in consultationwith Staff and DEC where gravel/stone in combination with geotextilesremain in place four months or longer.

Response 81: National Grid will comply. It will comply with BMPs enumerated in this CertificateCondition and on sheet 2Bsheets 2D-2E of 46 of the Plan & Profile drawings in Appendix A and theEM&CP Procedures in Appendix F.

82. In consultation with Staff and DEC, the Certificate Holder shall prepare a mitigationplan for impacts arising from use of temporary road mats, including restoration of affected areasin accordance with Attachment 1 to Appendix E to the Joint Proposal and, where Staff or DECdetermine that restoration was not adequate because impacts are more extensive and/orsignificant (which could result, for example, if temporary road mats remain in place for fourmonths or more during the growing season), the plan would provide for compensatory mitigationin the form of a project to address the loss of wetland functions, such as vegetation plantings ora project to address invasive species in wetlands.

Response 82: National Grid will comply. Impacts arising from the use of temporary road mats will bemitigated by implementing restoration measures in accordance with Appendix F, including restoration ofall areas to preconstruction contours where feasible with respect to continued safe maintenance andoperation of the facility. Additional restoration measures that may be employed include the applicationof mulch and the allowance of native seed bank regeneration. In areas where cover does not reach atleast 85% after two growing seasons, a wetland conservation seed mix will be applied to supplementnatural regeneration. Where Staff or DEC determines that restoration was not adequate because impactsare more extensive and/or significant, additional wetland plantings or invasive species treatments will beimplemented.

83. The Certificate Holder shall secure and provide copies of the following documents toStaff: all necessary USACE Nationwide permits for construction in federal wetlands affected bythe Project; the required permit pursuant to §404 of the Federal Clean Water Act; the requiredpermit pursuant to §10 of the Rivers and Harbors Act; and the SPDES General Permit.

Response 83: National Grid will comply. All permits received to date are provided in Appendix H.



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84. For construction activities at protected streams, State-regulated wetlands or adjacentareas, DEC Staff field representatives shall be permitted on the Project site. DEC Staff fieldrepresentatives will notify the Staff representative and the Certificate Holder’s appropriaterepresentative of any activities that violate or may violate either the terms of the Certificate orthe Environmental Conservation Law. The Staff and DEC staff field representatives willcooperate in assessing site conditions and determining whether stop work authority should beexercised, or whether directing Certificate Holder to take action to minimize further impacts tostreams and regulated wetlands is appropriate.


85. The EM&CP shall include the following:

a) maps, plan drawings of streams, wetlands, and significant habitat crossing locations;

b) site-specific stream-crossing techniques for the construction of the Project and for theconstruction of any access roads to be used for the Project;

c) selective vegetation-clearing techniques, including a plan for initial vegetative clearingin areas near streams or regulated wetlands; the plans shall permit the clearing of vegetationand the use of herbicides within 100 feet of State-regulated wetlands and 50 feet of protectedstreams and other water bodies, but only to the minimum extent necessary to allow for theconstruction and operation of the Project;

d) impact minimization measures for regulated wetlands, streams and otherenvironmental resources including any significant habitats, etc.; and,

e) a wetland mitigation plan consistent with DEC’s Freshwater Wetlands Regulation,Guidelines on Compensatory Mitigation (October 26, 1993). Mitigation shall be done at a ratioof at least 1:1.

Response 85: The features and prescriptions enumerated in this Certificate Condition are shown on thePlan and Profile drawings and also are addressed within respective portions of this EM&CP document.

Pursuant to DEC's Freshwater Wetlands Regulation, Guidelines on Compensatory Mitigation (October26, 1993), temporary disturbances, where pre-construction conditions are essentially restored, do notrequire compensatory mitigation. All wetland impacts resulting from the Project are expected to betemporary, with the exception of two new structures to be installed on the eastern end of the Project nearCrittenden Road, which will be co-located with adjacent RG&E structures as discussed in Response 23.Impacts to wetlands and 100-foot adjacent areas will be avoided to the extent practicable by selectingand designing access routes and work spaces outside of wetlands and 100-foot adjacent areas wherepossible. Impacts will be minimized by implementing the wetland protection measures outlined inAppendix F, including the use of swamp mats, tracked equipment, and low-ground-pressure vehicles.Unavoidable impacts will be mitigated through restoration of all impacted areas to pre-constructioncontours and conditions to the extent practicable while remaining compatible with safe operation andmaintenance of the transmission facility. Where existing structures are removed, wetland conditions willbe restored to 18 inches below grade, and top soil will be placed to allow natural re-vegetation ofwetland species from the seed bank. Top soil will be obtained from the replacement structure location,



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where applicable. If vegetative cover has not reached 85% after two growing seasons, a conservationseed mix will be applied to supplement native regeneration.

Pursuant to DEC's Freshwater Wetlands Regulation, Guidelines on Compensatory Mitigation (October26, 1993), temporary disturbances, where pre-construction conditions are essentially restored, do notrequire compensatory mitigation. All wetland impacts resulting from the Project are expected to betemporary, with the exception of two new structures to be installed on the eastern end of the Project nearCrittenden Road, which will be co-located with adjacent RG&E structures as discussed in Response 23.

National Grid’s wetland mitigation plan is included as Appendix Q of this EM&CP.

86. As part of the EM&CP, the Certificate Holder shall provide to DEC and Staff: (a) aspreadsheet that contains the GPS coordinates (latitude and longitude) of the following types ofequipment crossings of streams that occur within the ROW: all existing fords and all existing orproposed culverts or bridges; (b) a digital photograph of each of these crossings, cross-referenced to its GPS coordinates; and (c) a wetland delineation shapefile.

Response 86: National Grid will comply. Table C-2 in Appendix C provides the GPS coordinates andidentifies the proposed equipment crossing type for each waterbody occurring within the ROW. NationalGrid submitted digital photographs on CD ROM of stream crossings, on March 15, 2011. Wetlanddelineation shape files were submitted to DEC Regions 8 and 9 on September 13, 2010 and to Staff onSeptember 16, 2010.

M. AGRICULTURAL RESOURCES

87. The Certificate Holder shall retain a qualified Agricultural and Soil ConservationSpecialist/Inspector (“Agricultural Inspector”) for each phase of Project development, includingdesign, construction, initial restoration, post-construction monitoring and follow-up restoration.The Agricultural Inspector shall be available to provide site-specific agricultural information asnecessary for EM&CP development through field review as well as to have direct contact withaffected farm operators, County Soil and Water Conservation Districts, Ag & Mkts and others.The Agricultural Inspector shall maintain regular contact with the Environmental Monitor and/orthe Construction Inspector throughout the construction phase. The Agricultural Inspector alsoshall maintain regular contact with the affected farmers and County Soil and WaterConservation Districts concerning farm resources and management matters pertinent to theagricultural operations and the site-specific implementation of the EM&CP. Whenever theCertificate Holder submits a request for an EM&CP change concerning agriculture, it shallconsult with Ag & Mkts.

Response 87: National Grid will comply. National Grid has retained a qualified Agricultural Inspectorwho has contributed to the development of this EM&CP and has initiated direct contacts with affectedfarm operators. Site-specific agricultural information obtained through direct contact with affected farmoperators is included, where applicable, on the Plan and Profile drawings, in Appendix A. Informationregarding specific properties and associated actions is included in Appendix D.

88. The Certificate Holder shall identify Black Cherry trees located on the ROW nearactive livestock use areas during EM&CP development. During the clearing phase, such



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vegetation shall be disposed of in a manner which prevents access by livestock and which isconsistent with the requirements of Section 7 of Attachment 1 to Appendix E.

Response 88: Locations of black cherry trees along the Project ROW in or near active livestock useareas are included in Table D-1 in Appendix D. Prior to the proposed clearing in the ROW and aroundstructures, National Grid’s Forester will identify and flag any black cherry trees located in the ROW nearactive livestock use areas. If any black cherry is found and cleared, the slash will be removed from theactive livestock area.

89. As part of the line-location surveys conducted during the preparation of the EM&CP, theCertificate Holder shall locate all commercial sugarbushes maintained for maple syrupproduction within the ROW. The Certificate Holder shall attempt to adjust the centerline locationto avoid such operations.

Response 89: No commercial sugarbushes maintained for maple syrup production occur within theexisting Project ROW.

90. The Certificate Holder shall design the Project to the extent possible to avoid or limitthe placement of structures on crop fields or on other active agricultural land where thestructures may significantly interfere with normal agricultural operations or activities. Where thelocation of a structure on such agricultural land is unavoidable, the Certificate Holder shallattempt to site the structure in a location that minimizes impact to normal farming operations.


91. During preparation of the EM&CP, a detailed drainage line repair procedure shall bedeveloped, in consultation with the local Soil and Water Conservation District, for the repair ofcrushed/severed clay tile and plastic drain lines. Drawings showing the generic technique to beimplemented for drain line repairs shall be provided by the Certificate Holder. All new plasticdrain tubing shall meet or exceed the AASHTO M252 specifications. The plan for thereplacement of functional stone drainage systems severed during construction shall beprepared during the restoration phase, in consultation with Ag & Mkts and/or the Soil and WaterConservation District.

Response 91: National Grid has retained an agricultural specialist who has obtained informationregarding locations of existing drainage lines. Letters and questionnaires regarding the location andnature of existing or planned drainage lines within agricultural property that may be affected by theProject were sent to property owners on January 27, 2011. To the extent possible, the locations ofsubsurface drain tiles will be identified with the cooperation of the relevant farm owners or operators andwill be shown on the Plan and Profile drawings and included in Appendix D prior to construction. Whenworking in these areas, the Agricultural Inspector will consult with the relevant farm owners or operatorsand the NRCS or Soil and Water Conservation District to determine if plans or recommendations exist forthe installation of future drainage in these areas. If so, construction and restoration activities will beconducted to accommodate the future drainage installation.

When in the field, the Agricultural Inspector will mark any exposed or damaged tiles revealed aftergrading or topsoil stripping has occurred. If required, a site-specific plan will be prepared, inconsultation with the affected farm owner or operator, for the replacement of functional stone drainage



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systems damaged during construction. If necessary, Ag & Mkts and the Soil and Water ConservationDistrict will be consulted. Typical drawings of drain tile repairs are included in Exhibit A to Appendix Fand on sheets 3EF-3G of 46 of the Plan and Profile Drawings.

92. Where construction entrances are required from public roadways to the ROW inagricultural fields, an underlayment of durable, geotextile fabric shall be placed over theexposed subsoil surface prior to the use of temporary gravel access fill material. Completeremoval of the construction entrance upon completion of the Project and restoration of theaffected site is required prior to topsoil replacement.

Response 92: Where access is required from public roadways to the construction area in agriculturalfields, stabilized construction entrances will be installed in accordance with the following generalstandards. Typical construction entrances from public roads will be covered with crushed stone overfilter fabric prior to site access and disturbance to prevent rutting and soil transport. Crushed stone willbe placed on top of filter fabric. Procedures include:

Strip topsoil and stockpile near the access from public roadways;

Install stabilized construction entrance in accordance with specifications in Figure 5A.35 (seesheet 3A of 46 of the Appendix A Plan and Profile drawings), including geo-textile mattingplaced over the exposed subsoil surface prior to application of temporary gravel access fillmaterial;

Following construction, completely remove stabilized construction entrance and replace topsoilin accordance with topsoil restoration procedures.

93. Segments of farm roads utilized for access shall be improved as required followingconsultation with the farm operator and Ag & Mkts prior to use. Such improvements shallinclude the installation of geotextile fabric and crushed stone.

Response 93: National Grid will comply. The location of farm roads utilized for access are included inthe Plan and Profile drawings provided in Appendix A and are summarized in Table D-1 in Appendix D.

94. Farm drainage features, fences and gates affected by construction shall be rebuilt tolike-new condition upon completion of construction. The base of all new posts shall be securedto a reasonable depth below the surface to prevent frost heave.

Response 94: National Grid will comply. The location of drainage features, fences and gates areincluded in the Plan and Profile drawings provided in Appendix A and identified in Appendices B and D.

95. Mats shall be installed where repeated temporary access is necessary acrossagricultural fields. The mats shall be layered where necessary to provide a level accesssurface. Once access is no longer required across agricultural areas, the mats shall beremoved and the Agricultural Inspector shall use a soil penetrometer to determine if soilcompaction has occurred as a result of construction activities. All compacted areas shall beremediated as specified below.



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Response 95: National Grid will comply and all compacted areas will be restored as specified inCondition 986 and described in the Agricultural Land Protection Procedures provided in Section 4 ofAppendix F.

96. Where the installation of mats is not practical, topsoil shall be removed, including all ofthe “A” horizon down to the beginning of the subsoil “B” horizon, generally not to exceed amaximum of 12 inches. Topsoil removal up to a depth of 16 inches may be required inspecially-designated soils encountered along the route and identified in the EM&CP. All topsoilshall be stockpiled directly adjacent to the travel way on the ROW and separated from otherexcavated materials. The Agricultural Inspector shall determine depth of topsoil stripping oneach affected farm by means of the County Soil Survey and on-site soil augering, if necessary.All topsoil material shall be stripped, stockpiled, and uniformly returned to restore the originalsoil profile. During the clearing/construction phase, site specific depths of topsoil stripping shallbe monitored by the Agricultural Inspector. The use of topsoil stripping for construction access,as opposed to matting, shall only be allowed with approval from Staff in consultation with Ag &Mkts.


97. In agricultural areas of till over bedrock where blasting is required, the CertificateHolder shall use matting or controlled blasting to limit the dispersion of blast rock fragments. Allblasted rock not used as backfill shall be removed from croplands, haylands and improvedpastures. The till and topsoil shall be returned in natural sequence to restore the soil profile.Farm owners/operators shall be given timely notice prior to blasting on farm property.

Response 97: National Grid will comply with this Certificate Condition and will provide all timelynotification requirements for blastingcomply.

98. In all agricultural sections of the ROW disturbed during construction, the CertificateHolder shall break up the subsoil compaction with deep tillage by such devices as a deep-ripper(subsoiler). Following the deep ripping, all stone and rock material 4 inches and larger in sizewhich has been lifted to the surface shall be collected and taken off site for disposal. Thetopsoil that has been temporarily removed for the period of construction shall then be replaced.Finally, deep subsoil shattering shall be performed with a subsoiler tool having angled legs.Stone removal shall be completed, as necessary, to eliminate any additional rocks and stonesbrought to the surface as a result of the final subsoil shattering process.


99. All structures and guy anchors removed from agricultural areas as part of theconstruction activities shall be removed to a minimum depth of 48 inches below the soil surface.All holes or cavities created by the removal of the old facilities shall be filled to the same level asthe adjacent area, plus 6 to 12 inches of additional soil to allow for settling. All material used forfill shall be similar to native soil. All fill material shall be compacted.




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100. Wherever existing structures are removed from agricultural fields, the area shall berestored to allow agricultural activities. Such restoration shall include the removal of allvegetation from the structure area and grading of the ground surface to match the adjacent field.All rocks 4 inches and greater in size shall be removed from the surface.


101. At the end of all construction, the ROW and respective work areas, including guyingwire assembly and disassembly sites, shall be thoroughly cleared of debris such as nuts, bolts,spikes, wire, pieces of steel, and other assorted items.

Response 101: National Grid will complythoroughly clear all debris from the ROW and respective workareas. Clearing will remove all nuts, bolts, spikes, wire, pieces of steel, and other assorted items, andwill include the use of a drag magnet or other similar device for all work sites (tower site laydown areasand stringing areas) located within active agricultural areas.

102. The Certificate Holder shall provide a monitoring and remediation period of twogrowing seasons following completion of ROW restoration in active agricultural areas. TheCertificate Holder shall retain the services of an Agricultural Inspector on at least a part-timebasis through this period. The monitoring and remediation phase shall be used to identify anyremaining agricultural impacts associated with ROW construction that are in need of mitigationand to implement the follow-up restoration.


103. During the monitoring and remediation period, on site monitoring shall be conducted atleast three times during each growing season and shall include a comparison of growth andyield for crops on and off the ROW. When the subsequent crop productivity within the affectedROW is less than that of the adjacent unaffected agricultural land, the Agricultural Inspector, inconjunction with the Certificate Holder and other appropriate organizations, shall help todetermine the appropriate rehabilitation measures for the Certificate Holder to implement (soilde-compaction, topsoil replacement, etc.). During the various stages of the Project, all affectedfarm operators shall be periodically apprised of the duration of remediation by the AgriculturalInspector. Because conditions which require remediation may not be noticeable at or shortlyafter the completion of construction, the signing of a release form prior to the end of theremediation period shall not obviate the Certificate Holder’s responsibility to fully redress allProject impacts. After completion of the specific remediation period, the Certificate Holder shallcontinue to respond to the reasonable requests of the farmland owner/operators to correctProject related affects on the impacted agricultural resources.


104. The Certificate Holder shall provide all farm owners/operators with a telephone numberto facilitate direct contact with the Certificate Holder and the Agricultural Inspector(s) through allof the stages of the Project. The farm owner/operators shall also be provided with a telephone



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number to facilitate direct contact with the Certificate Holder’s Project Manager for the Projectduring operation and maintenance of the transmission line.

Response 104: National Grid will comply. These contact numbers will be included on the Project’sGeneral Contact List in Appendix K of this EM&CP document prior to construction.

105. The Agricultural Inspector shall work with the farm operators during the planningphase to develop a plan to delay the pasturing of the ROW, following construction until pastureareas are adequately revegetated. The Certificate Holder shall be responsible for maintainingthe temporary fencing on the ROW until the Agricultural Inspector determines that thevegetation on the ROW is established and able to accommodate grazing. At such time, theCertificate Holder shall be responsible for removal of the fences.


106. On affected farmland, restoration practices shall be postponed until favorable(workable, relatively dry) topsoil/subsoil conditions exist. Restoration shall not be conductedwhile soils are in a wet or plastic state. Stockpiled topsoil shall not be regraded until plasticity,as determined by the Atterberg field test is significantly reduced. No Project restorationactivities shall occur in agricultural fields between the months of October through May unlessfavorable soil moisture conditions exist. The Certificate Holder shall monitor and advise Ag &Mkts and Staff regarding tentative restoration planning. Potential schedules will be determinedby conducting the Atterberg field test at appropriate depths into topsoil stockpiles, and below thetraffic zone for a mutual determination of adequate field conditions for the restoration phase ofthe Project.


107. Topsoil stockpiles on agricultural areas left in place prior to October 31 shall beseeded with Aroostook Winter Rye or equivalent at an application rate of 3 bushels (168 #) peracre and mulched with straw mulch at rate of 2 to 3 bales per 1000 Sq. Ft. Topsoil stockpiles leftin place between October 31 and May 31 shall be mulched with straw mulch at rate of 2 to 3bales per 1000 Sq. Ft. Straw (not hay) mulch should be used to prevent soil loss on stockpiledtopsoil from October through May.


N. PETROLEUM AND HAZARDOUS SUBSTANCES

108. The EM&CP shall include a plan for storage of all petroleum and hazardoussubstances which may be used during, or in connection with, the construction, operation ormaintenance of the Project.

Response 108: National Grid and its Contractors will implement precautions during the storage,handling and transporting of fuels, oils, chemicals and other potentially harmful substances to avoidspills and contravention of water quality standards or other regulations intended to protect



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environmental resources. National Grid and its Contractors will take precautions to prevent spillage inthe construction zone, and will not store these materials beneath trees or in the vicinity of any wetlands,river, stream, or other body of water. Any hazardous substances will be transported, stored and handledas recommended by suppliers and/or manufacturers, in compliance with all applicable federal or stateregulations. These precautions are required as outlined in Section III B (2) of this EM&CP. Chemicalsand petroleum products will not be stored, mixed, or loaded, nor will equipment be refueled, within onehundred (100) feet of any watercourse or wetland. Spill-response and clean-up procedures are providedin Appendix K.

109. The EM&CP shall include a plan for responding to and remediating the effects of anyspill of petroleum or other hazardous substances in accordance with applicable law andregulations. Such Plan shall be developed in accordance with applicable state and federal laws,regulations and guidance, and shall include proposed methods of handling spills of petroleumproducts and any hazardous substances which may be stored or utilized during theconstruction, operation or maintenance of the Project.

Response 109: The release notification and spill-reporting and clean-up procedures are provided inAppendix K.

110. The Certificate Holder shall comply with §175 of the Navigation Law, 6 NYCRR §613.8(petroleum spills) and 6 NYCRR §595.3(b) (hazardous substance spills).


O. CONTRACTORS AND CONTRACTOR SUPPLIES/MATERIALS

111. The Contractor shall be responsible for all construction materials after they have beenreceived by the Contractor. Construction material storage locations shall be noted on the Planand Profile drawings in the EM&CP. All equipment shall be located at the marshalling yard oron the ROW.

Response 111: National Grid will comply. Construction material storage/marshalling yard locationsare included in the Plan and Profile drawings in Appendix A. See also information provided in theSection III A (1g) response.

112. Staff will provide the name of a contact person(s) (“DPS Representative”) and thecontact information (mailing address, phone number, e-mail, etc.) of that individual for purposesof ordering clause numbers 112 through 119 of this Certificate. If a reportable accident occursin connection with work on the Project, the Certificate Holder shall report any such accident tothe DPS Representative as soon as possible. A copy of the accident report, if any, shall beprovided to the DPS Representative after it has been finalized.




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113. On each occasion when the Certificate Holder supplies materials for the Project, theCertificate Holder shall give to the DPS Representative a copy of the Material Stock Request orPurchase Order enumerating the items provided to the Project, within seven business days ofCertificate Holder supplying such materials.


114. On each occasion when the Contractor supplies materials for the Project, theCertificate Holder shall give to the DPS Representative a copy of the relevant Purchase Orderwithin seven business days of the Contractor supplying such materials. The Certificate Holdershall provide the DPS Representative with a monthly audit report reflecting material inventoryand usage to verify that over-purchasing for the Project at ratepayer expense has not occurred.


115. Any theft of Project-related materials shall be reported to the DPS Representativewithin one business day of the time when the theft comes to the attention of the CertificateHolder. The Certificate Holder shall provide the DPS Representative with a copy of any policereport and any insurance claim filed in connection with the theft, as well as a list of the stolenitems. Subsequently, the Certificate Holder shall provide the DPS Representative with anaccounting of all replacement materials.


116. On a weekly basis, the Certificate Holder shall provide the DPS Representative with areport listing the number of Contractor crews, the number and type of personnel (hot sticklineman, lineman, grounds man, laborer, etc.), and types of equipment used on the Project thatweek.

Response 116: National Grid will comply. A Sample Weekly Status Report Form is included inAppendix P.

117. The Certificate Holder shall provide to the DPS Representative a copy of eachContractor invoice within thirty (30) days of its receipt. Within six (6) months following Projectcompletion, the Certificate Holder shall provide to the DPS Representative a full accounting ofall Project costs, including an explanation of the variances between projected and actual costs.


118. A representative from the engineering design firm that designed the transmission lineshall conduct field reviews on a bi-weekly basis and prepare a written report of the firm’sfindings. The Certificate Holder shall provide a copy of each such report to the DPSRepresentative within three (3) business days after the Certificate Holder receives the report.The Certificate Holder shall notify the DPS Representative of when the field reviews will occur.




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119. If the Contractor installs incorrect materials, structures, or components, the CertificateHolder shall report the incident to the DPS Representative within one business day after theCertificate Holder becomes aware of this. Within one month after the Certificate Holderbecomes aware of any such incident, the Certificate Holder shall prepare and deliver to the DPSRepresentative a summary report detailing the incident, the steps to be taken to rectify themistake, the material and labor costs associated with rectifying the incident, and the manner inwhich such costs will be accounted for separately from other Project costs.



Lockport-Mortimer Line 111 Rebuild Project Section III – Requirements and Details of theEnvironmental Management and Construction Plan Environmental Management and Construction Plan

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III. REQUIREMENTS AND DETAILS OF THE ENVIRONMENTAL MANAGEMENTAND CONSTRUCTION PLAN

Section III of this EM&CP describes the general guidelines, specific requirements, andassociated cross-references prescribed on the EM&CP Plan & Profile drawings in Appendix Aattached hereto. This section is organized according to the “General Guidelines forEnvironmental Management and Construction Plans” attached to the Joint Proposal asAppendix E, This Section responds to each guideline requirement and includes references toappropriate maps, tables, illustrations, and supplemental EM&CP environmental protectionprocedures provided in Appendix F of this project-specific EM&CP.

A. PLAN AND PROFILE DETAILS

A Line Profile (at an appropriate scale) and plan drawings (scale minimum 1 inch = 200 feet)1

showing:

1. Project Location

1a. The boundaries of any new, existing and/or expanded right-of-way (ROW)2 or roadboundaries if cables are to be constructed underground in streets; plus areascontiguous to the ROW or street within which the Niagara Mohawk PowerCorporation d/b/a National Grid (“Certificate Holder” or the “Company”) will obtainadditional rights; and an explanation of the need for those additional rights.

Response 1a: There are no permanent expanded/cleared ROW boundaries or roads proposed for theProject for which National Grid would need to obtain additional rights. All existing ROW boundaries aredepicted on the Plan and Profile drawings in Appendix A, with a particular line type identified in thedrawing legend, on sheet 2A of 46.

1b. The location of each Project structure (showing its size, material and type andindicating the GSA—595A Federal standard color designation or manufacturer’scolor specification to be used for painted structures), structural foundation, fence,gate, down-guy anchor, and any counterpoise (typical counterpoise drawings willsuffice, recognizing that before field testing of installed structures the Company willbe unable to determine the location of all required counterpoise) required for theProject; conductors, insulators and static wires and other components attached toProject structures.

Response 1b: The location of each facility structure and the proposed structure type is depicted on thePlan and Profile drawings provided in Appendix A. Existing and proposed fences and temporary guard

1 Contour lines (preferably at 5-foot intervals) are desirable on the photostrip map if they can beadded without obscuring the required information.

2 The term “right-of-way” in these Guidelines includes property to be used for substations,disposal sites, underground terminals, storage yards, and other associated facilities. Wheresuch properties cannot reasonably be shown on the same plan or photo-strip, maps or plandrawings used for the transmission line, additional maps or drawings at convenient scalesshould be used.



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structures to be installed for the wire-stringing phase at road crossings also are shown. Sheets 4A-4D of46 of the Plan and Profile drawings detail cross-sections for the proposed structure types and indicatethe size & configuration, and standard specifications. Each type of structure and configuration showingsize, type, down-guy anchor, and typical counterpoise, as well as conductors, insulators and static wiresand other components attached to Project structures are listed at each structure location and on tablesincluded on the Plan and Profile drawings in Appendix A.

1c. Existing utility or non-utility structures on the ROW, and indicate those to beremoved or relocated (include circuit arrangements where new structures willaccommodate existing circuits, indicate methods of removal of existing facilities,and show the new locations, types and configurations of relocated facilities).

Response 1c: The existing locations of utility and non-utility structures on the ROW are depicted on thePlan and Profile drawings provided in Appendix A. No circuits will be removed. Locations of gates andfences in the ROW and whether they are to be maintained or replaced are also identified on the Plan andProfile drawings. Following the installation of new replacement structures, the existing structures will beremoved from the ROW and properly recycled or disposed. Following the removal of each old structure,the remaining hole will be filled with clean gravel, or other suitable material approved by theEnvironmental Monitor and/or the National Grid Construction Inspector.

1d. Any relocated or underground facility.

Response 1d: National Grid has not and does not anticipate the re-alignment or relocation of anyunderground facilities on the Project ROW. Should actual field conditions and construction reveal theneed to relocate existing underground facilities, National Grid first will evaluate modifying the proposedstructure, and then inform the DPS Staff of the purpose, need, and proposed structure relocation deemednecessary.

1e. The relationship of the Project to nearby fence lines, roads, railways, airfields,property lines, hedgerows, fresh surface waters, wetlands, significant habitats,associated facilities, flowing water springs, nearby buildings or structures, majorantennas, oil or gas wells, and pipelines or blowdown valves. State any objectionsraised by Federal, State or local transportation (highways, waterways, or aviation)officials to the final location or manner of installation of, or access to, the Project.

Response 1e: The relationship of the proposed facility to these features is located on the Plan andProfile drawings included in Appendix A. There are no productive oil or gas wells registered with DECwithin three miles of the proposed facilities. National Grid has received no objections raised by federal,state or local transportation (highways, waterways, or aviation) officials as to the final location ormanner of installation of, or access to certified facilities.

1f. The location of any proposed new or expanded switching station, substation, orother terminal or associated facility (attach plan3 - plot, grading, drainage, andelectrical - and elevation views with architectural details at appropriate scales).

3 Preferably 1” = 50’ scale with 2-foot contour lines.



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Indicate the type and expected impact of outdoor lighting, including design featuresto avoid off-site illumination and minimize glare; the color and finish of allstructures; the locations of temporary or permanent access roads, parking areas,construction contract limit lines, property lines, designated floodways and flood-hazard area limits, buildings, sheds, relocated structures, and any plans for waterservice and sewage and waste disposal.

Response 1f: There are no new or expanded switching station, substation, or other such terminal orassociated facility proposed for the Project.

1g. The location and boundaries of any areas, whether located on- or off-ROW,proposed to be used for fabrication, designated equipment parking, staging, lay-down and conductor pulling. Indicate also any planned fencing or screening ofstorage and staging areas. If access and laydown areas cannot be limited toupland areas, provide justification for any access area which is proposed to belocated in a State-regulated wetland or protected stream or waterbody.

Response 1g: The location and boundaries of both on-ROW and off-ROW laydown areas proposed to beused as structure fabrication level space, equipment parking, staging, and wire stringing areas aredepicted on the Plan and Profile Drawings included in Appendix A.

Work pads at structure locations are shown on the Plan & Profile drawings. Work pads will generally be12050’ x 5075’, except in areas where a caisson foundation will be installed; work pads in theselocations will generally be 100’ x 60’, to permit concrete trucks to turn around. Work pads locatedadjacent to roadways will often be 150’ x 75’ to allow for pole delivery and storage. Other work padsmay be smaller in those areas where site conditions restrict the amount of available work space. Theentire work pad area will not necessarily be disturbed. A 75’ x 75’ 50’ structure work area will beestablished for equipment and activities necessary to install the structure (e.g., bucket trucks, cranes,cement trucks, etc.). This area will be graded where necessary to provide a level, stable work surface.The additional work space will be used when necessary, such as when installing taller or wider structuresor for additional storage of materials.

Pull site locations are 75’ x 600’ and are shown on the Plan & Profile drawings and in Appendix A.Within the pull site work area, a 75’ 50’ or 60’ x 150’ structure work area and staging area (as indicatedabove) will be established around the pole location. Activities within the structure work area and stagingarea will include digging of foundations, pouring of concrete, and installation of the pole. Equipment tobe used in this area includes bucket trucks, excavating equipment, cement trucks, track buckets, andcranes. The area will be graded as necessary to provide a level and stable work area. The remainingspace within the pull site work area will be cleared but not necessarily otherwise disturbed. Theadditional work space will be used only when necessary, such as when turning around equipment, usinglarger or additional equipment, or installing larger structures or foundations.

Temporary construction fencing will be used to denote the boundaries of off-ROW staging and parkingareas.

Additional off-ROW locations for laydown areas (equipment and material storage and parking) forstorage and other contractor-related activities have been identified at the following locations on theIndex Maps (sheets 1B-1E of 46):



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Laydown/Marshalling Area 1 will beis located off-ROW and in the vicinity of South NiagaraStreet and Heath Street in the Town of Lockport, NY (final location to be determined prior toconstruction), sheet 1B of 46;

Laydown/Marshalling Area 2 is located off-ROW and in the vicinity of Owens Road and StateStreet in Brockport, NY, sheet 1D of 46;

Laydown/Marshalling Area 3 is located off-ROW and in the vicinity of Jefferson Road andBrighton Henrietta Town Line Road, in the vicinity of Rochester, NY sheet 1E of 46.

Off-ROW areas also are listed in Table M-1 of Appendix M. Temporary construction fencing will beinstalled to denote the bounds of the laydown area, the boundaries of parking areas, and to controlaccess to roadways.

Access and laydown areas have been located in uplands to the maximum extent practicable; however,construction of the Project would not be feasible without work pads and temporary access to structurelocations located within these aquatic resources.

1h. The proposed location of all on- or off-ROW access, temporary construction andpermanent maintenance roads, indicating access from other roadways.

Response 1h: The location of all on- or off-ROW access points, temporary construction and permanentmaintenance roads, including access from other roadways, are depicted on the Plan and ProfileDrawings included in Appendix A.

In addition, there are forty-sevenfour (447) wire pulling sites depicted on the Plan and Profile drawings.The wire pulling sites are all located within the transmission ROW. Access to these sites will be achievedprimarily by using the existing ROW access roads shown on the Plan and Profile drawings. Table M-1provides additional information for off-ROW access areas. Table M-2 of Appendix M summarizes theROW access agreements and affected property owners. Table M-3 lists the proposed pulling or stringingsites designated by structure number and location stationing along the ROW and Table M-4 listsproposed parking areas.

Temporary access for wire stringing at road crossings also will be required for the placement of certainguard poles or boom trucks. The temporary road crossing locations are shown on the Plan and Profiledrawings (Appendix A) and on road crossing detail drawings depicted on sheets 5A-5H of 46 of theEM&CP Plan & Profile drawings. Highway Work Permits for wire stringing at road crossings are alsocontained in Appendix J).

1i. The locations for ready-mix concrete chute washout and any other cleaningactivities (e.g., control of invasive plants).

Response 1i: The locations of the concrete washout and invasive species cleaning stations used tocontrol the spread of invasive plant species are shown on the Plan and Profile drawings in Appendix A.The concrete washout areas will be located within the workspace at deadend structures as specified onthe Plan and Profile drawings. The discharge/runoff will be captured and then removed from the site anddisposed of off-site at an approved location.



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2. Building and Structure Removals

Indicate the locations of any buildings or structures to be acquired, demolished,moved or removed. In text, provide the rationale for the acquisition and removal ofbuildings or structures.

Response 2: There are no buildings or other structures that will require acquisition or removal from theROW. National Grid will remove all existing tower or pole structures and hardware following theirreplacement. The Contractor will dispose of or recycle these structures at a National-Grid-approvedfacility.

3. Surface Waters, Wetlands, Significant Habitats

3a. Indicate the name, water quality classification and location of all rivers and streams(whether perennial or intermittent) within 100 feet of, or crossed by, the proposedROW or any off-ROW access road constructed, improved or maintained for theProject. Indicate the procedures that were followed to inventory such resources.Reports prepared to inventory such resources shall be made available to DPS Staffupon request. Describe the measures to be taken in each location to protectstream bank stability, stream habitat, and water quality including, but not limited to:crossing technique or method; crossing structure type; applicable prohibition periodfor in-stream work; stream bed and bank and vegetation restoration measures; andother site-specific measures appropriate to the location for impact minimization,resource protection, and facility construction management. For each waterbody,indicate the water index number and GPS coordinates for all existing and proposedcrossings.

On the plan maps, indicate:

(1) Stream crossing method and delineate any designated streamside "protectiveor buffer zone" in which construction activities will be restricted to the extentnecessary to minimize impacts on rivers and streams;

(2) The activities to be restricted in such zones;

(3) Any designated floodways or flood hazard areas to be traversed by theproposed Project or access roads, or otherwise used for Project construction orthe site of associated facilities.

Response 3a: Surface waterbodies crossed by and in the vicinity of the proposed Project were identifiedduring review of background information, including USGS topographic maps, NWI maps, NYSDECstream maps, and aerial photography. Surface waterbodies then were field-verified during the wetlanddelineation effort conducted from August to October 2009. Field-verified aquatic resources are shown onthe Plan and Profile drawings in Appendix A, including the name, water quality classification, streamsidebuffers as appropriate, and proposed crossing method, if applicable. This information, as well as thewater index numbers and GPS coordinates, is reflected in tabular form in Table C-2 of Appendix C.Available floodways data in the form of FEMA 100-year floodplains is also indicated on the Plan andProfile drawings. FEMA data were not available for Orleans County. Activities restricted in thestreamside buffer zones are identified in the Stream and Wetland Protection Procedures included inAppendix F and on sheet 2Bsheets 2D-2E of 46 of the Plan and Profile drawings.



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Forty-four (44) streams are crossed by the existing transmission line ROW. Stream crossings areavoided to the extent practicable. For example, National Grid has avoided crossing both of the Section10 waters crossed by the Project, including the Erie Canal (sheet 8 of 46) and Genesee River (sheet 45 of46). Other streams that will not be crossed by equipment are indicated as such on the Plan and Profiledrawings. BMPs to be implemented also include erosion and sediment control devices such as silt fenceand staked straw bales to prevent erosion and the introduction of sediment into aquatic resources, asoutlined in the Project-specific SWPPP included in Appendix G. Streams that must be crossed will becrossed with temporary mat bridges where possible to minimize impacts to the streambed, banks, andexisting vegetation. Many streams crossed by the project will utilize existing culverts, as indicated on thePlan and Profile drawings in Appendix A. If existing culverts require upgrading or replacement toaccommodate expected construction traffic, specifications for replacement culverts are indicated, andculverts will be installed as described in the Stream and Wetland Protection Procedures included inAppendix F.

Upon completion of construction, restoration will be implemented where needed to restore pre-construction contours. Disturbed areas will be seeded and mulched with a conservation seed mix torestore bank stability, habitat, and vegetative cover. As shown on the Plan and Profile drawings inAppendix A, work activity within 100 feet of NYSDEC-protected stream crossings are subject to the BMPsand stream protection standards enumerated in this section of the EM&CP and on sheet 2Bsheets 2D-2Eof 46 of the EM&CP drawings.

See sheet 3BC of 46 of the Plan and Profile drawings for detailed prescriptions for stream crossings.

3b. Show the location of all potable water sources including springs and wells on theROW or within 100 feet of the ROW or access roads indicating on a site-by-sitebasis, precautionary measures to be taken to protect each water source.

Response 3b: National Grid consulted the Niagara, Orleans, and Monroe County Departments ofHealth for known locations of potable water sources. All reported or known potable water supplies,including springs or wells, within 100 feet of the ROW or access roads are indicated on the Plan andProfile drawings in Appendix A by “No Herbicide Areas” which include areas within 100 feet of potablewater sources. No potable water supplies were identified within the ROW.

3c. The EM&CP shall include a table of waterbodies crossed by the Project whichindicates: Town, (location), Existing Structure Span (milepost), Stream Name,Field/Map Identification Name, Perennial or Intermittent (P or I), New York StateStream Classification, Comments, Crossing Method and Length, and Fishery Type.

Response 3c: The waterbodies crossed by the Project together with the information listed above aresummarized in Table C-2 in Appendix C.

4. Wetlands

4a. All wetlands and those with 100 foot adjacent areas located within the ROW orcrossed by the ROW or any off-ROW access road constructed, improved or maintainedfor the Project must be identified, delineated in the field, and depicted on Plan drawings,and such delineations shall be delivered for review to Staff and DEC. Indicate thelocation and type of any wetland (e.g., marsh, meadow, bog, scrub-shrub or forestedswamp) within or adjoining the ROW or any access road, as determined by site



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investigation and delineation. For each state-regulated wetland, indicate the following:Town, Existing Structure Span, Wetland Field Designation, NYSDEC ClassificationCode, Wetland Type, NWI Classification, Proposed Structure Located Within Wetland(Y/N), Total Area of Temporary Disturbance/Impact, Dead End Structures in NYSDECWetland, Tangent Structures in NYSDEC Wetland, Total Area of Permanent Disturbancein NYSDEC Wetland (sq. feet), Area Crossed by the Project, and Conversion ofForested Wetland. Provide a narrative description of the wetland, including thevegetation, hydrology and wetland functions and values and the wetland delineationdetermination form. The wetland delineation report should also include photographs ofthe wetlands. Indicate in text, and on plans as appropriate, on a site-by-site basis theprecautions or measures to be taken to protect such wetlands, associated drainagepatterns, and wetland functions.

Response 4a: National Grid submitted the Wetland Delineation and Waterbody Identification Report toDEC Regions 8 (Mr. Steve Miller) and 9 (Mr. Chuck Rosenburg) on September 13, 2010. The report wasalso submitted to Staff on September 16, 2010 (Mr. Richard Powell) and November 3, 2010 (Mr. JohnStrub). The location of all wetland resources delineated along the ROW and access roads are depictedon the Plan and Profile drawings provided in Appendix A and wetland resources are summarized inTable C-1 in Appendix C. Additional detailed data regarding the identified wetlands can be found in theWetland Delineation and Waterbody Identification Report. Wetland delineations were conducted alongthe existing ROW and included federal and NYSDEC-regulated wetlands. There are twenty-seven (27)NYSDEC wetlands that are crossed by the existing ROW (see Appendix C in Table C-1). The proceduresto be implemented to protect state and federal wetlands during construction are enumerated in theEnvironmental Details on sheet 2Bsheets 2D-2E of 46 of the Plan & Profile drawings, as well as thewetland protection standard procedures enumerated in Appendix F. For work or access in federalwetlands, National Grid has filed an application with the U.S. Army Corps of Engineers for coverageunder the Nationwide Permit program. A copy of this authorization will be provided to Staff prior toconstruction and inserted into Appendix H of this EM&CP.

4b. Describe all activities that will occur within regulated wetlands or adjacent areas(e.g., construction, filling, grading, vegetation clearing and excavation) and assure thatthe activity is consistent with the weighing standards set forth in 6 NYCRR §663.5(e) and(f). Describe how impacts to wetlands and 100 foot adjacent areas will be avoided; howimpacts will be minimized; and how unavoidable impacts will be mitigated. Providedetailed plans for mitigating all unavoidable impacts. Mitigation plans must separatelyaddress impacts to each of the wetlands benefits described in Article 24 of the ECL (24-0105(7)). Plans must provide for wetland mitigation in the same watershed.

Response 4b: Activities that will occur within regulated wetlands or adjacent areas include vegetationclearing for workspaces and access routes, limited grading of access routes as needed for safeconstruction practices ,installation of temporary access (swamp mats), removal of existing structures, andinstallation of replacement structures. Impacts to wetlands and 100-foot adjacent areas will be avoidedto the extent practicable by selecting and designing access routes and work spaces outside of wetlandsand 100-foot adjacent areas where possible. Impacts will be minimized by implementing the wetlandprotection measures enumerated in Appendix F, including the use of swamp mats, tracked equipment, andlow-ground-pressure vehicles. Unavoidable impacts will be mitigated through restoration of all impactedareas to pre-construction contours and conditions to the extent practicable to remain compatible with theoperation and maintenance of the transmission facility. Where existing structures are removed, wetlandconditions will be restored to 18 inches below grade, and top soil will be placed to allow natural re-vegetation of wetland species from the seed bank. Top soil will be obtained from the replacement



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structure location, where applicable. If vegetative cover has not reached 85% after two growing seasons,a conservation seed mix will be applied to supplement native re-vegetation.

A Wetland Mitigation Plan is included as Appendix Q to this EM&CP.

4c. Project plans must delineate the wetland “protective or buffer zone” in whichconstruction activities will be restricted to the extent necessary to minimize impacts onwetlands. Describe the activities to be restricted in such zones.

Response 4c: Wetland “protective or buffer zones” are delineated on the Plan and Profile drawingsprovided in Appendix A. Within these zones, construction activities will be restricted to minimize impactsto wetlands. Restricted activities are enumerated in Appendix F, and include, but are not limited to, thefollowing: No chemicals or petroleum products will be stored, mixed, or loaded within the 100-footadjacent areas. No refueling of equipment will occur within the 100-foot adjacent areas. Constructionactivities will be restricted to flagged access and work areas, and erosion- and sediment-control deviceswill be installed and maintained pursuant to the NYSDEC General Permit and Project-specific SWPPPprovided in Appendix G.

5. Landscaping

Show locations of existing or proposed vegetative plantings, earthwork, or installedfeatures to screen or landscape substations or other Project components. Describe intext and on detailed drawings, any screening or landscaping plans proposed.

Response 5: There are no screening or landscaping plans currently deemed necessary or proposed forthe Project. However, the need for other landscaping/screening plantings will be determined within oneyear after the Transmission Facility is placed into service as identified in the response to CertificateCondition 52.

6. Noise-Sensitive Sites

Show the locations of noise-sensitive areas along the proposed ROW and specify theprocedures to be followed to minimize noise impacts related to ROW clearing, facilityconstruction, and operation. Indicate the types of major equipment to be used inconstruction or facility operation; sound levels at which that equipment operates; days ofthe week and hours of the day during which that equipment normally will be operated;any exceptions to these schedules; and any measures to be taken to reduce audiblenoise levels caused by either construction equipment or facility operation.

Response 6: Generally, the work activity to rebuild Line 111 will not significantly increase ambientnoise levels for appreciable durations. Mitigating factors include that there are limited areas where thework activities will be located near residential or sensitive properties, the construction will occur overrelatively short periods of time, and the construction is scheduled to occur only during daytime hours.Work in the proximity of any single general location on the Line 111 ROW near an occupied building orresidence will likely last no more than one week, since construction activities progress relatively quicklyalong the corridor.



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The construction equipment that will be used is similar to that used during typical public-works projectsand tree-service operations (e.g., excavation, tree removal). A list of equipment and associated soundlevels is provided within the Noise Mitigation Measures document in Appendix E. No single receptoralong the ROW at a structure location will be exposed to significant noise levels for an extended period.Additionally, because construction equipment does not operate continuously, construction noise will beintermittent.

Construction work will take place daily between 7:00 a.m. and 6:00 p.m. A list of residences within 100feet of structure work spaces in the ROW is provided in Appendix E. Some nighttime and Sundayconstruction activity may become necessary to coordinate utility outages. Should work hours need to beextended, National Grid will make the necessary arrangements with the appropriate local agencies incompliance with local ordinance provisions. Furthermore, DPS Staff and the affected communitymunicipality will be notified at least 48 hours in advance if work on any Sundays, evenings, or holidaysbecomes necessary in accordance with Ordering Clause 43.

7. Other Environmentally Sensitive Areas

7a Indicate the general locations of any known ecologically and environmentallysensitive sites (including, but not limited to, those with rare and endangeredspecies or habitats, deer winter yards, and archaeological sites), within or nearbythe proposed ROW or along the general alignment of any access roads to beconstructed, improved or maintained for the Project. Indicate the procedures thatwere followed to identify such resources and specify the measures that will betaken to protect or preserve these resources. Reports prepared to identify andanalyze such sites shall be made available to DPS Staff upon request.

Response 7a:

Sensitive wildlife areas and requirements were determined as a result of consultation with the U.S. Fishand Wildlife Service (“USFWS”), NYSDEC New York State Natural Heritage Program, NYSDEC Region8, and NYSDEC Region 9. Due to the potential presence of bog turtles within the project area, a Phase Ibog turtle survey was conducted by a USFWS-approved bog turtle biologist on August 3 and 4, 2010. Nobog turtles were encountered during the survey. Two wetlands, W94 and W98, were identified as havingpotential habitat for bog turtles. Due to the presence of potential habitat in these areas, avoidance andminimization measures will be implemented to prevent potential impacts to this species. These measureswill include the installation of silt fence to prevent bog turtles from entering the construction area, pre-construction surveys, and the presence of a biological monitor during construction. Additionalcoordination with DEC Regions 8 and 9 resulted in mitigation avoidance and minimization measures forsensitive raptor areas. Field surveys identified the presence of a spotted turtle in Wetland W111. Thefollowing sensitive wildlife areas are shown on the Plan and Profile drawings provided in Appendix A:

Sensitive wildlife area for the short-eared owl and northern harrier located between structures 55and 96 requires pre-construction surveys within one week prior to construction for the short-eared owl from December 1 to April 30 and year-round surveys for the northern harrier.

Sensitive wildlife area for the short-eared owl located between structures 136 and 226 requirespre-construction surveys within one week prior to construction from May 1 to June 30. If anyshort-eared owls are identified a 50-foot buffer area will be implemented and maintained and noblasting will occur in the area during nesting season.

Wetland W94, a sensitive wildlife area for bog turtles, requires a pre-construction survey one dayprior to construction and biological monitoring from March 2 to October 14.



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Wetland W98, a sensitive wildlife area for bog turtles, requires a pre-construction survey one dayprior to construction and biological monitoring from March 2 to October 14.

Wetland W111, a sensitive wildlife area for spotted turtles, requires a pre-construction surveyone day prior to construction and biological monitoring on a daily basis (described below) fromApril 16 through November 9. Should construction be necessary between November 10 and April15, pre-construction surveys will be conducted, and all turtles removed and excluded from thework area prior to November 10. Pre-construction surveys will include early morning and lateafternoon visual surveys in conjunction with substrate probing. Turtles will be removed andreleased outside of the work area (beyond the silt fence within Wetland W111). Biologicalmonitoring will include early morning and late afternoon visual surveys.

In accordance with data-request procedures for the USFWS in New York State, the Federally-listedEndangered and Threatened Species and Candidate Species County Lists were reviewed. The followingspecies were identified within the three counties traversed by Line 111: Bald Eagle, Bog Turtle, andEastern Prairie-fringed Orchid (Historic).

Correspondence received August 13, 2009 from the New York State Natural Heritage Program identifiedeight state-listed bird species occurring in the vicinity of the Project, one state-listed threatened plantspecies, one sensitive crayfish species and one sensitive mussel species in the vicinity of the proposedProject. These species include: Henslow’s Sparrow (Ammodramus henslowii), short-eared owl (Asioflammeus), Upland Sandpiper (Bartramia longicauda), Sedge Wren (Cistothorus platensis), Great BlueHeron (Ardea herodias), Northern Harrier (Circus cyaneus), Bald Eagle (Haliaeetus leucocephalus),Prothonotary Warbler (Protonotaria citrea), Smooth Bur-marigold (Bidens laevis), Devil Crawfish(Cambarus diogenes), and Rainbow (Villosa iris). The correspondence from the NYSDEC Region 8office dated September 10, 2009, listed two additional state-listed plants: Swamp Smartweed (Persicariasetacea) and Northern Bog Aster (Symphyotrichum boreale). NYSDEC Region 9 office did not identifyany additional rare or endangered species. Copies of correspondence with the NYSDEC are provided inAppendix H.

According to DEC Region 8, the area between structures 136-226 are within a known area for the short-eared owl. There are no records of nesting or reproduction in the area; however, NYSDECrecommended a site inspection of this area during the nesting season (May to June) and, if nests arefound, avoiding the area during the nesting season where possible. National Grid will consider this timerestriction when planning the Project schedule and make practicable efforts to avoid construction in thisarea if nests are located. Bald eagle nests are known to be located on and in the vicinity of the IroquoisNational Refuge; however, these nests are all within acceptable buffer areas from construction activities.Furthermore, if any of the federal- or state-listed species are observed in the Project area, avoidancemeasures will be employed.

Based on a habitat assessment and the temporary nature of the Project, no additionalmitigationavoidance and minimization measures are proposed. If any of the federal- or state-listedspecies are observed in the Project area, additional mitigation minimization and avoidance measures willbe employed as appropriate to protect sensitive species.

As stated in correspondence dated February 19, 2009, The New York State Office of Parks, Recreation,and Historic Preservation (“OPRHP”) determined that Phase I field testing was not required in areaswere construction previously occurred and recommended submittal of a cultural resources testing planfor areas of new construction, areas of grading, new access roads, and laydown areas. Upon submittal ofthe testing plan, OPRHP determined, as reflected in correspondence dated October 8, 2010, that testingwas needed only in areas graded for ROW access. National Grid is currently conductingcompleted aPhase IB archaeological investigation for within-ROW areas of the Project and submitted the Phase IB



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Archaeological Report to the OPRHP on August 5, 2011. OPRHP responded in a September 15, 2011letter requesting a construction drawing demonstrating avoidance of identified cultural resources,recommending continued Phase IB testing of staging areas, and stating that OPRHP otherwise has nocultural resource concerns. The construction drawing was submitted to the OPRHP on September 19,2011. Phase IB testing of off-ROW areas, including staging areas/marshalling yards, is currently inprogress. Copies of correspondence with the OPRHP are provided in Appendix H. Duringreconstruction, if archaeological materials are encountered, the Contractor will contact National Grid,who will consult with the OPRHP and DPS Staff and will implement any protection or recovery measuresthat the OPRHP and DPS Staff determines to be necessary.

7b. Indicate the location and identification of sensitive land uses and resources (e.g.,

hospitals, emergency services, sanctuaries, schools, residential areas) that may be

affected by construction of the Project or by construction-related. Specify

measures to minimize impacts on these resources.

Response 7b: The Project ROW is not located near any hospitals, emergency services, sanctuaries, orschools. Construction access has been routed to minimize adverse effects on residential developmentareas by utilizing existing ROW access at road crossings. Residential areas and ROW access aredepicted on the Plan and Profile drawings in Appendix A.

8. Recreational Areas

Indicate the locations where existing or planned recreational uses, if known to theCompany at the time of the submission of the EM&CP, would affect or be affectedby facility location, construction, or other ROW preparation. Explain in text howthese recreational uses or plans were (or can be) accommodated in Projectconstruction, operation and maintenance.

Response 8: The Genesee Valley Greenway Trail is traversed by the Project ROW. The Project ROW isalso located within the Iroquois National Wildlife Refuge (NWR) and Erie Canal Heritage Corridor.East of the Erie Canal near structure 3, another recreational trail is crossed. These recreational areasare depicted on the Plan and Profile drawings in Appendix A. During Project construction, specialattention will be taken to display the appropriate caution signage, and fencing will be erected to blockentry to the construction area along recreational trails. The Project is not anticipated to impact theIroquois NWR. David L. Herring, P.E., is the Capital Facilities Regional Manager and primary point ofcontact for the Allegany and Genesee State Park Regions, and he should be contacted at (585) 493-3602or via email at [email protected] prior to construction in the vicinity of any state parks.National Grid will provide as much advance schedule notice and information as possible as the Alleganyand Genesee State Park Regions anticipates the need to close this section of the Greenway betweenWidener Road south to Scottsville Road.

9. Agricultural Areas

9a. Indicate the locations of prime and unique agricultural lands, vulnerable soils, andunderground drainage systems and the locations of sites under cultivation or inactive agricultural use, where structures, access roads, counterpoise wires, lay-



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down areas or wire-stringing operations will be located. Designate the site-specifictechniques to be implemented to minimize or avoid construction-related impacts toagricultural resources.

Response 9a: Agricultural lands traversed by the ROW are summarized in Table D-1 in Appendix D andshown on the Plan and Profile drawings, in Appendix A. The only unique agricultural land traversed bythe ROW is a tree farm identified south of structure 511. The tree farm is located primarily off-ROW andwill not be affected by construction activities. Vulnerable soils and identified underground drainagesystems are indicated on the Plan and Profile drawings in Appendix A. As specified in Section II M ofthis EM&CP, direct contact with affected farm owners/operators prior to, during, and afterreconstruction in these agricultural areas will occur to coordinate appropriate protection and restorationmethods. Project-specific access and work practices in affected agricultural fields are enumerated on thePlan and Profile drawings in Appendix A and must be followed, as specified in Section II (M) 87-107 ofthis EM&CP and summarized in Appendix D.

General BMPs for working in Agricultural lands are also described in Appendix F of this EM&CP.General guidelines to be applied by the Contractor for access and construction within all agriculturallands include:

Limit access road width to no more than 20 feet, and, where possible, and with cooperation of thelandowner/land manager, follow hedgerows and field edges to minimize soil impacts onagricultural land.

Locate roads that traverse agricultural fields on high ground topography, to the extentpracticable. The advantages of this are: 1) it allows farming along the contours; 2) it requires nocut and fill or ditching that would take additional land out of production; and 3) it avoidspotential drainage and erosion problems.

Locate parking areas, construction staging areas, and other temporary and permanent supportfacilities outside of active agricultural fields to the maximum extent possible.

Orient guy wires for angle structures so as to minimize interference with agricultural operations(e.g., along fence lines or in pasture land rather than crop land). If angle structures are locatedin haylands or rotational croplands, self-supporting (guyless) angle structures will be used.

Avoid disturbance of surface and subsurface drainage features (ditches, diversions, tile lines,etc.) to the maximum extent practicable.

In general, old structures, their foundations, and any guy anchors located in crop fields will beremoved to a distance four feet below grade following the installation of the new structures andwires. Work in crop fields should be scheduled for drier periods of the year to prevent rutting ofthe soil surface layer.

9b. Indicate the following on the plan maps:

i. Agricultural Land and Facilities of the following types: Pasture/Grazing

o Unimproved grazing areas (brushy or wooded land used by livestock)



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o Permanent open pasture (land devoted only to pasture use, not suited totillage rotation)

o Improved pasture (including tillable rotation pasture/hayland)o Livestock fence lines

Croplando Haylando Rotation croplando Long-term cropland (also includes agricultural lands enrolled in either

the annual set-aside or the Conservation Reserve Program of theU.S.D.A. Consolidated Farm Service Agency). Such lands are to beidentified through consultation with the offices of the ConsolidatedFarm Service Agency and the County Soil and Water ConservationDistrict.

Unique Agricultural Lands (Avoidance routing strongly recommended)o Specialty cropland (vegetables, berries, etc.)o Orchardo Vineyardo Maple Sugarbusho Organic Mucklando Permanent Irrigation systems

ii. Vulnerable Agricultural Soils. Vulnerable agricultural soils are defined as areas of cropland, hayland, or

pasture which are more sensitive than other agricultural soils toconstruction disturbance due to slope, relative soil wetness, and/orshallowness to bedrock. Wetness conditions are the result of factorssuch as landscape position, soil texture, seasonal water table and/orslowly permeable subsoil horizons (e.g., areas of laterally drainingsubsoils). All vulnerable agricultural soils, including those identified in thecounty soil survey as fragipans, lacustrines, dense basal tills, soils with aseasonally high water table, or soils with less than 5 feet of depth tobedrock, are to be located and identified on the plan map using thefollowing codes:o “VE” (designate the general area of vulnerability of erosion due to

ROW factor(s) of slope and/or the texture of exposed soil).o “V/W” (designate the general area of vulnerability to soil horizon

wetness as described above).o “V/B” (designate the general area of vulnerability due to shallow depth

to bedrock).o “V/OR” (designate the location of unavoidable organic mucklands).

iii. Other Features, as follows: Land and Water Management Features Subsurface drainage area (indicate each field) Open Ditch Diversion Terrace Buried water lines (farmstead consumptive use) Water source (developed springs, etc.)



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Unnamed water flow Any off ROW access roads, work or storage areas. Map all such areas

identified at the time of the EM&CP submission indicating their proposedlocations and the location and size of all culverts to the extent required.Any other areas that may be identified during construction will beconsidered and filed as a change in the EM&CP.

Response 9b: Agricultural lands, vulnerable agricultural soils, and other agriculture-related featuresare depicted on the Plan and Profile Drawings in Appendix A.

B. DESCRIPTION AND STATEMENT OF OBJECTIVES, TECHNIQUES, PROCEDURESAND REQUIREMENTS

1. Erosion Control

1a. Describe the temporary and permanent measures to be taken during allconstruction phases to stabilize and restore soils, control erosion, and preservenatural drainage patterns in areas where significant soil disturbances (includingremoval of vegetative cover, grading, or excavation) are proposed. Includestandards, practices, erosion-control measures and techniques to addressconstruction management, communications, planning, monitoring, and reportingrequirements, as appropriate, for conformance with Storm Water PollutionPrevention Plan details.

Response 1a: National Grid is committed to environmental protection, and requires any contractorsworking on the Project to minimize the erosion potential during rebuild construction and restoration ofthe ROW. Erosion and sedimentation controls, temporary and permanent stabilization procedures, andtypical environmental control detail drawings are provided on sheets 2A-2C and 3A-3GK of 46 of thePlan and Profile drawings, in Appendix A and are discussed in the Project-specific Storm WaterPollution Prevention Plan, provided in Appendix G. These soil stabilization and restoration practiceswill protect aquatic resources and associated water quality. Copies of the detailed drawings andspecifications for environmental controls are also provided in Appendix F. Erosion and SedimentControl Procedures are described in detail in Section 1 of Appendix F. Appendix B provides a summaryof erosion and sediment controls and clearing and slash disposal types by segment and structure number.

The Environmental Monitor may direct whatever temporary and/or permanent measures as appropriateto protect natural resources during the various phases of construction at each structure work site andalong ROW access. Functional runoff-erosion control devices included on sheets 3A-3GK of 46 inAppendix A will be installed and maintained where they are necessary to minimize the erosion potentialduring clearing/construction. These devices will be inspected on a daily basis and promptly repairedwhen necessary. The selection of the particular technique will be based upon site conditions,construction requirements, and collaboration between the Construction Inspector, Contractor supervisor,and the Environmental Monitor.

Temporary erosion control measures will be installed pursuant to the specifications on the Plan andProfile drawings (sheets 3A-3GK of 46), EM&CP Procedures, and the typical environmental controldetail drawings in Appendix F. Prior to each phase of construction along the Project ROW, theEnvironmental Monitor and the Construction Inspector will determine the need for additional temporaryerosion control during pre-construction walkovers. The location and type of control measures to beemployed will be reviewed in the field with the Contractor, prior to construction. The need to protect



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waterways, soils, the working environment and personnel will be repeatedly emphasized at the Projectbidding, pre-construction, environmental training, and daily meetings. Temporary erosion controlmeasures may include staked straw bales, silt fence, mulching, and temporary seeding. If temporaryseeding is used as an erosion control measure, quick-germinating seed will be used in accordance withseasonal criteria and seeding rates. Seeding requirements will be established in consultation with theSoil and Water Conservation Districts of Niagara, Orleans and Monroe Counties. Temporary erosioncontrols will be maintained throughout the construction process, until restoration and re-vegetation aredeemed effective (i.e., in accordance with the criteria for permanent vegetation cover as determined inconsultation with the aforementioned Soil and Water Conservation Districts).

By letter dated June 7, 2010, National Grid provided the NYSDEC’s Division of Water with a Notice ofIntent (“NOI”) for coverage under SPDES General Permit for Stormwater Discharges from ConstructionActivity, for this rebuild project. By letter dated June 17, 2010, the NYSDEC provided acknowledgementof the NOI and assigned permit ID No. NYR10S690 to the project. A Project-specific SWPPP is providedin Appendix G. A Notice of Termination (“NOT”) will be submitted to the NYSDEC after the project iscompleted and disturbed work sites are permanently stabilized (achieve 80% vegetative cover) andrestored.

1b. In coastal erosion hazard areas, include plans to demonstrate compliance with thestandards for coastal erosion hazard protection as required by 6 NYCRR Part 505.

Response 1b: The Project is not located within a coastal erosion hazard area.

2. Petroleum and Hazardous Substances

2a. The EM&CP shall include a plan for storage, handling, transportation and disposalof all petroleum and hazardous substances which may be used during, or inconnection with, the construction, operation or maintenance of the Project. Theplan shall address how to avoid spills and improper storage or application in thevicinity of any wetland, river, creek, stream, lake, reservoir, spring, well or otherecologically sensitive site, or existing recreational area along the Project ROW andaccess roads.

2b. The EM&CP shall include a plan for responding to and remediating the effects ofany spill of petroleum or other hazardous substances in accordance withapplicable laws and regulations. Such Plan shall be developed in accordance withapplicable State and Federal laws, regulations and guidance, and shall includeproposed methods of handling spills of petroleum products and any hazardoussubstances which may be stored or utilized during the construction and siterestoration, operation and maintenance of the Project.

Response 2: National Grid and its Contractor will implement precautions during the storage, handling,transporting, and disposing of fuels, oils, chemicals, and other potentially harmful substances to avoidspills and contravention of water-quality standards or other applicable regulations. National Grid andits Contractor will take precautions to prevent spillage in the construction zone, and will not store thesematerials beneath trees or in the vicinity of any wetland, river, stream, or other body of water. Anyhazardous substances will be transported, stored, handled and disposed of as recommended by suppliersand/or manufacturers, in compliance with all applicable federal or state regulations. These precautionsare required as outlined in Section II L of this EM&CP. Preventive and protective practices for fuel and



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chemical handling will be accomplished through implementation of the following principal restrictions onboth contractors and company personnel:

Pumps used for trench dewatering or dam and pump crossings operating within 100 feet of awater body, wetland or rare plant or unique natural community will be placed in properlysized and temporary secondary containment structures during their use.

Extreme caution will be exercised when handling fuel and while refueling to avoid spillage.

Any equipment that must be refueled in the field will be refueled from tanks carried to thework site by truck.

No equipment refueling will be performed in the vicinity of streams or other sensitive areas,(i.e., intermittent streams, wetlands, beneath trees).

When there is a need to use portable power equipment such as pumps or generators nearwetlands or waterbodies, they will be used and refueled employing basic spill prevention andcontainment procedures enumerated in Appendix K. These procedures will include theplacement of portable power equipment within a lined bermed area. Fuel- containing vesselsused to fuel immobile equipment will not be stored within 100 feet of a wetland or waterbodyfollowing refueling activities.

All equipment operating within 100 feet of a water body, wetland, or rare plant or uniquenatural community will have sufficient spill-containment equipment on board to provide forprompt control and cleanup in the event of a release.

Refueling of construction vehicles should occur only at existing paved roads that intersectwith the construction ROW. During refueling, spill kits and fuel-absorbent materials will beon-site in the event a spill occurs.

All on-site construction vehicles including contractor employee vehicles will be monitored forleaks and will receive regular preventive maintenance to reduce the risk of leakage. Anyequipment leaking oil, fuel, or hydraulic fluid will be repaired immediately or removed fromthe site. In the event of a release, the spill will be promptly cleaned up in accordance withthe spill response and clean-up procedures identified in Appendix K.

The Construction Contractor will not wash equipment or machinery in any watercourse,wetland, or rare plant or unique natural community, and will not permit runoff resulting fromwashing operations to directly enter any watercourses or wetlands.

In the event of spill or hazardous material release to the environment, reporting, containment, and clean-up procedures outlined in Appendix K must be followed. On-site and off-site reporting requirements aresummarized as follows:

On-Site Reporting Requirements

To fulfill National Grid’s release-reporting obligations, the National Grid’s Regional Control Center(“RCC”) needs prompt (within 15 minutes of the spill or discovery of the spill), accurate, and completeinformation for spills or releases occurring at the site, regardless of the amount. All on-site spills alsoshould be immediately reported to the Environmental Monitor, who is responsible for obtaining allrelevant spill information needed to report the spill to the RCC and to National Grid’s Divisional



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Environmental Engineer, and for completing the Release Report Form. If the Environmental Monitorcannot be reached within the 15-minute period, the Construction Contractor will call National Grid’sRCC and notify the Environmental Monitor as soon as possible.

Off-Site Reporting Requirements

National Grid’s Divisional Environmental Engineer is responsible for making all contacts to the local,state, and federal agencies relative to a reportable spill. Within two hours of a discharge, the NYSDECwill be notified during working hours by telephoning during working hours to either the NYSDEC Region9 office at 716-851-7220 or the NYSDEC Region 8 office at 585-226-5433. After working hours, theNYSDEC will be notified via the NYSDEC hotline at 1-800-457-7362 (or, if telephoning from outside NewYork State, at 518-457-7362). DPS staff also will receive notification of any reportable spills.

3. ENVIRONMENTAL SUPERVISION

3a. Describe protocols for supervising demolition, vegetation clearing (including anyuse of herbicides), construction and site-restoration activities to ensureminimization of environmental impact and compliance with the environmentalprotection provisions specified by the Certificate.

Response 3a: Compliance with the environmental protection provisions specified by the Certificate willbe assured through supervision of all construction activities by the Construction Management staffassigned to the Project. The Construction Management staff will have the qualifications andresponsibilities described in Response 3b and enumerated in Appendix F. The Construction Managementstaff will have the knowledge and experience to manage the environmental compliance proceduresneeded to comply with environmental protection provisions specified by the Certificate.

3b. Specify the titles and qualifications of personnel proposed to be responsible forensuring minimization of environmental impact throughout the demolition, clearing,construction and restoration phases, and for enforcing compliance withenvironmental protection provisions of the Certificate and the EM&CP. Indicate theamount of time each supervisor is expected to devote to the Project specificallyincluding the amount of time the supervisor is expected to be in the field observingconstruction of the facilities.

Response 3b: It is anticipated that the Construction Management staff will include at least one full-timeConstruction Inspector, at least one full-time Environmental Monitor, a National Grid TransmissionForester for supervising clearing activities, a Quality Assurance Inspector who will inspect the work sitefrom time to time, a part-time Safety Inspector who will inspect the site from time to time, a part-timeAgricultural Inspector, and a National Grid Real Estate/right-of-way representative. All workers willhave Environmental and Safety training to help fulfill National Grid’s policies for working safely whileprotecting the natural and cultural resources in the ROW. Specific organization, responsibilities, andcoordination of the Construction Management team will be available at the time the pre-constructionmeeting is held. The Environmental Monitor will conduct inspections during the clearing, construction,and restoration phases of the Project. The Environmental Monitor will have sufficient knowledge andexperience to manage the environmental compliance procedures described in this EM&CP.Qualifications will include as a minimum of a four-year degree in forestry or related environmentaldiscipline, or demonstrated equivalent knowledge, including courses in ecological sciences andexperience in environmental construction inspection. See Section 9 of Appendix F for additional



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information regarding titles, qualifications, and responsibilities of Construction Management staff. Thename and the qualifications of the Environmental Monitor will be provided to DPS Staff and DEC staff atleast two weeks prior to the start of construction.

The Environmental Monitor will be responsible for monitoring contractor compliance with the provisionsof the Certificate and applicable environmental permits, applicable sections of the Public Service Lawand the EM&CP. The Environmental Monitor will be equipped with sufficient documentation,transportation and communication equipment to effectively monitor construction. Additionally, there willbe close liaising between the Environmental Monitor and National Grid during line construction. Shouldthere be a need for deviation from the EM&CP requirements and or commitments, the EnvironmentalMonitor, in coordination with National Grid, will contact the DPS staff in accordance with theestablished procedure for addressing minor changes from the approved EM&CP, as described in theSection II, response to Condition 30 of this EM&CP.

An experienced Construction Inspector will be on-site full-time during construction. The ConstructionInspector will not be making substantive decisions regarding environmental commitments; rather, he/shewill be carrying out the directives of the Environmental Monitor and the Transmission Forester.

The National Grid Transmission Forester will be onsite to direct, as necessary, maintenance clearing anddanger tree removal operations to ensure proper tree care, trimming, removal, and disposal.

The Agricultural Inspector shall have sufficient knowledge and experience to manage compliance withagricultural protection procedures specified in this EM&CP. Qualifications shall include as a minimuma four-year degree in agronomy or environmental sciences, and regional employment in the field for notless than five (5) years, or a minimum of ten (10) years of relevant experience, or an equivalentcombination of education and experience. The Environmental Monitor, if qualified, may serve as theAgricultural Inspector. The name and qualifications of the Agricultural Inspector will be provided toDPS Staff, DEC staff, and Department of Ag & Mkts at least two weeks prior to the start of construction.

The Agricultural Inspector will be responsible for training of staff and construction personnel in theproper use and application of the agricultural ROW standards, directing aspects of the Project that affectagricultural resources through every stage of on-site work, directing the on-site monitoring andrestoration in agricultural lands, and communicating with affected farmland owners and operators overthe Project’s durations.

3c. Explain how all environmental protection provisions will be incorporated intocontractual specifications, and communicated to those employees or contractorsengaged in demolition, clearing, construction, and restoration.

Response 3c: Provisions have been made in the construction specifications and Plan and Profiledrawings to ensure that environmental protection provisions of the Commission’s Order will be carriedout. All bidders will be provided with a copy of the Project-specific EM&CP document and the Plan andProfile drawings, the 401 Water Quality Certificate and the USACE Permit. The selected constructioncontractor will be contractually bound to implement the EM&CP and to comply with all regulatoryrequirements. At a pre-construction meeting, which will be attended by all key National Grid Projectpersonnel, DPS Staff representative(s), and the Contractor, the importance of strict compliance with allenvironmental provisions will be explained and emphasized. At that time, all Contractors will be notifiedthat the National Grid Construction Inspector, the Environmental Monitor, and DPS representatives havethe authority to stop work and direct actions if such actions should become necessary in the interest of theenvironment.



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3d. Describe the procedures to “stop work” in the event of a certificate violation.Identify the Company’s designated contact, including telephone number, forassuring overall compliance with certificate conditions.

Response 3d: The National Grid Construction Inspector, Environmental Monitor and DPS Staffrepresentatives have the right to issue a “stop work order” because of safety or environmental concernsat the Project work sites. When a safety or environmental concern arises, any concerned individualshould immediately notify the Construction Inspector and/or Environmental Monitor with informationregarding the nature of the concern. The responsibility for ensuring that this takes place depends uponopen communication between the Contractor, subcontractors, and National Grid employees. After theNational Grid Construction Inspector or Environmental Monitor become aware of the concern, he or shewill meet with the Contractor and/or subcontractor’s employees to discuss and resolve the issues.Procedures for issuing a stop work order are summarized as follows, and described in detail in AppendixF.

The Environmental Monitor or National Grid Construction Inspector will ensure that any and all writtenStop Work Order(s) will be hand delivered to the Contractor’s construction supervisor. If that person isnot available, then the Stop Work Order will be issued to the next person in command. TheEnvironmental Monitor or National Grid Construction Inspector will not issue a Stop Work Orderdirectly to any of the Contractor’s other employees or its subcontractors under any circumstance, withthe following exception:

If the activity poses an immediate threat to environmental resources or life and/or safety or theContractor is carrying out activities in a manner that is reckless, dangerous, or non-compliant, then theEnvironmental Monitor or National Grid Construction Inspector may issue a Stop Work Order, eitherverbally or in writing, directly to the Contractor’s employees or its subcontractors. The EnvironmentalMonitor or National Grid Construction Inspector will issue the Stop Work Order to the on-siterepresentative responsible for overseeing such activities, or the next in command if the direct supervisoris not available, and may call upon necessary support including, but not limited to, regulatory agency orPolice support to stop the operations immediately.

National Grid will recognize the DPS Staff representatives (certified pursuant to PSL Section 8) as theCommission's designated representatives in the field. National Grid and NYSDEC Staff will be advised ofthe name(s) of the Commission’s designated DPS staff representative(s) prior to the start of construction.In the event of any emergency resulting from the specific construction or maintenance activities thatviolate or may violate the terms of the Certificate or any other order in this proceeding, such DPS staffrepresentatives may issue a Stop Work Order for that location or activity.

4. Fugitive Dust Control

Specify appropriate measures to minimize fugitive dust and airborne debris fromconstruction activity.

Response 4: National Grid will take the following measures to minimize fugitive dust and airbornedebris from construction activities: high traffic areas will be covered with gravel, and exposed soils androadways will be wetted with water as needed during extended dry periods to minimize dust generation.See also as described in Section II, response to Condition 30 48 of this EM&CP and Appendix F



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“Erosion and Sediment Control Procedures,” Section 1.5. Pursuant to Term 46 of the Joint Proposal,only plain water will be used for dust suppression; chemical dust suppressants will not be used.

5. Requirements for Herbicide Application

5a. Specify the locations where herbicides are to be applied and the applicationtechniques to be used. Provide a general discussion of the site conditions (e.g.,land use, target and non-target vegetation species composition, height anddensity) and the choice of herbicide, formulation, application method and timing.

Response 5a: The Line 111 ROW undergoes “routine vegetation maintenance” every 6 years, andmaintenance was performed last in 2005. The proposed mowing and clearing for the Project thereforecoincides with the routine maintenance due to be performed in 2011 according to the established routinevegetation maintenance cycle of the Line 111 ROW. Routine maintenance involves herbicide and non-herbicide work within the maintained “cleared” ROW, and typically does not entail the clearing of newroads, excessive work around structures, or excessive sideline work. For the proposed rebuildconstruction, mowing and selective cutting along access roads and around structures will be performedas necessary prior to construction. Herbicide applications will be determined by the National GridTransmission Forester on a site-by-site basis during the construction phase of the Project. National Gridwill notify Staff and NYSDEC fourteen (14) days prior to any herbicide application on the Project ROW. OnNational Grid fee-owned ROW, stump treatment will be selectively performed on hand-cut, undesirable tall-growing tree species in locations identified by the Transmission Forester. Currently there are no areasproposed for clearing on privately owned land. Should areas on privately owned land be identified forclearing, stump treatment will be used after proper notification to and subsequent consent of thelandowner. Overall, short-term and long-term herbicide applications requirements to maintain the Line 111ROW will be in accordance with the DPS-approved National Grid Transmission Right-of-Way ManagementProgram (Revised May 2010). Herbicide formulations and associated application methods are provided inAppendix L.

5b. Provide a general comparative analysis of any proposed herbicide applicationsusing the following selection criteria: selectivity, efficacy, toxicity, persistence, andcost-effectiveness.

Response 5b: National Grid maintains lists of desirable and undesirable vegetation species for thepurpose of ROW management. These species and the criteria used to determine if such vegetation isdesirable in the ROW are enumerated in National Grid's Transmission Right-of-Way ManagementProgram (Revised May 2010) and Section 2 of National Grid’s EM&CP Procedures in Appendix F.When herbicide treatment is deemed necessary by the National Grid Transmission Forester, NationalGrid will utilize registered herbicides that have undergone proper comparative analysis, and selected onthe basis of practical cost-effective and environmental criteria. A list of these herbicides is provided inAppendix L. All herbicide applications shall be made in accordance with National Grid’s TransmissionRight-of-Way Management Program, the Certificate Conditions, and the rules and regulations of the NYSDepartment of Environmental Conservation, Bureau of Pesticides. National Grid will use only thespecific herbicide application procedures and the proper product and concentrations necessary to restrictspecies of concern.

5c. Describe the procedures that will be followed during application to protect non-target vegetation, streams, wetlands, potable waters and other waterbodies, andresidential areas and recreational users on or near the ROW.



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Response 5c: The following areas will not be stump-treated with the herbicide application describedabove:

Within 10 feet of a stream, lake, pond or other water body (30 feet for Niagara County); Within 100 feet of a potable water supply.

Procedures for the application of herbicide provided herein are derived from the approved National GridTransmission Line Right-of-Way Management Program (Revised May 2010) and the CertificateConditions. National Grid’s selection and locations of herbicide use include consideration of bufferzones that are designated to minimize the potential for off-target damage. When it becomes necessary totreat in proximity to aquatic resources such as streams, lakes, rivers, ponds, or non-jurisdictionalwetlands with standing water, minimum buffer zones for use of non-aquatic herbicides will be:

10 feet for cut/stump treatment (primary proposed herbicide application method for the Project) 15 feet for low-volume backpack foliar (secondary proposed herbicide application method) 25 feet for low-volume hydraulic foliar (not currently proposed for use on the Project) 50 feet for high-volume hydraulic stem foliar (not currently proposed for use on the Project)

Herbicide spraying is not allowed within 30 feet of streams or water bodies within Niagara Countypursuant to the Niagara County Department of Health. Certain herbicide product label restrictions mayinclude distances greater than those represented by these buffer zones. The more restrictive requirementsare the ones that always are followed.

Where applicable, herbicides will not be used within 100 feet of a potable water supply, unless otherwiseallowed by permit, rule, or regulation.

Where applicable, herbicide application within DEC-regulated wetlands or the adjacent 100-foot bufferarea is applied in accordance with the Company’s statewide freshwater wetland permit. This allows thecompany to use the low-volume hydraulic foliar, low-volume backpack foliar, or the cut-stump treatmentmethods within regulated wetlands and adjacent buffer zones to control target vegetation. Herbicideswith aquatic labeling are approved for use with these three methods.

Buffer zones or no-treat zones are also incorporated for sensitive land uses such as active residential,active croplands and orchards, organic farms, active public parks, schools, and public recreational areasincluding golf courses and athletic fields. For all foliar techniques, a buffer zone of reasonable size,generally 25-100 feet, is maintained around active residential areas, depending on site specifics. Whenherbicide treatment is required within these buffer zones for active residences, cut and stump treatmentmethods are used.

For active croplands including active orchards, low-volume hydraulic foliar techniques use buffer zonesranging from 0-25 feet. For high-volume hydraulic foliar applications, the buffer zone range is generallyincreased to 100 feet depending on site specifics. The range depends on the density of brush to bemaintained and the potential for the applicator to position the vehicle in such a way as to allowapplication to be directed away from the crop.

Low-volume backpack foliar and cut and stump treatment methods may be used right up to the edge ofactive croplands and orchards, where appropriate. With the backpack method, the applicator will standand direct the application away from the crop or orchard area.



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For active parks, schools, and athletic fields, the buffer zones for foliar applications range from 10-25feet for low-volume backpack operations to 10-50 feet for low-volume hydraulic, and 25-100 feet forhigh-volume hydraulic foliar applications. Note that no work may be completed on the property of publicor private schools, or registered day-care facilities, without advance notification under the NYSDECpesticide notification regulations.

In all cases, National Grid may utilize greater distances when the Forester conducting the field inventoryfinds aesthetic, public, or environmental reasons to increase the size of a buffer zone. This procedureallows the Forester to consider site specifics like slope, rock outcrops, soil conditions, densities ofvegetative ground cover, proximity to water, height and density of undesirables, wire security zone, typeand location of crops, natural buffers, and any off right-of-way sensitive areas.

5d. The ROW and adjoining properties shall be posted in accordance with ECL Article33 and 6 NYCRR Part 325.

Response 5d: All areas to be sprayed will be posted in accordance with ECL Article 33-1003 and 6NYCRR Part 325.40. Herbicide usage records will be kept on the standard DEC Certified CommercialApplicator Record of Pesticide Purchase and Use (Form 44-14-15). Records will be retained by NationalGrid for three (3) years.

5e. As part of the EM&CP, Certificate Holder must include a comprehensive list ofherbicides and method of application proposed for use in the ROW.

Response 5e: Herbicides and their associated methods of application that potentially may be used withinthe fee-owned ROW during construction of the Project are listed in Appendix L. Herbicide usage recordswill be kept on the standard DEC Certified Commercial Applicator Record of Pesticide Purchase andUse (Form 44-14-15). Records will be retained by National Grid for three (3) years.

6. Agricultural Areas

6a. Describe the program, policies and procedures to mitigate agricultural impacts, andexplain how the construction plans will avoid or minimize soil compaction, cropproduction losses, and potentially wet agricultural soils. Also, list locations wheresuch procedures have been and will be followed in Project construction andrestoration.

6b. Indicate specific techniques and references to appropriate Agricultural ProtectionMeasures recommended by the NYS Department of Agriculture and Markets, asavailable.

Response 6(a-b): The locations of specific agricultural land types along the ROW are shown on the Planand Profile drawings. The affected farm owners/operators will be contacted prior to, during, and afterreconstruction occurs in these agricultural areas, to arrange for appropriate work timing, protection, andrestoration methods. A letter and questionnaire was sent to each property owner of identifiedagricultural land to obtain property-specific information concerning agricultural practices, locations ofdrainage systems, and fences or gates on January 27, 2011. Information received is included on the Planand Profile drawings, where appropriate. Specific access and work practices enumerated on the Planand Profile drawings and in agricultural fields must be followed (see Section II (M) 87-107 of this



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EM&CP). Agricultural land practices are summarized on sheets 2BE-2CF of 46 of the Plan and Profiledrawings and in Section 4.0 of the EM&CP Procedures in Appendix F.

In general, for access across agricultural crop land, swamp mats (Type 3A access road) will be installed asprescribed on the typical environmental detail drawings or, if not prescribed therein, following DPS staffapproval as a minor change to the EM&CP. These measures typically will be used in lieu of topsoilstripping and segregation along access roads. Where access is required from paved roadways to theconstruction area in agricultural fields, stabilized construction entrances will be installed in accordancewith the standards and specifications provided on sheet 3A of 46 of the Plan and Profile drawings.

In addition, the Contractor will implement appropriate EM&CP procedures as enumerated in NationalGrid Agricultural Land Protection Procedure provided in Appendix F and as specifically adapted to thisProject and described on the Plan and Profile drawings.

7. Access Roads

7a. Discuss the necessity for access to the ROW, including the areas where temporaryor permanent access is required; the nature of access improvements based onnatural features, equipment constraints and vehicles to be used for constructionand maintenance; and the duration of access needs through restoration and themaintenance of the Project.

Response 7a: Access roads are required to traverse the ROW with construction equipment for clearingactivities and to access structure work site locations. Generally, construction access will traverse withinthe existing Line 111 Transmission ROW. Access to the fee-owned ROW and through existing easementswill be used for initial tree and brush clearing around structures, for the excavation and setting ofreplacement structures, all stringing activities, the removal of old structures, and the restoration of theROW following construction. For this Rebuild Project, National Grid proposes to use existing ROWaccess roads to the extent practicable. Some grading may be required to upgrade existing access routesand structure work areas to a condition suitable for safe construction practices on uneven terrain orwhere difficult conductor clearance situations exist. In general, grading activities will be minimal, andno new permanent roads are proposed. Temporary roads (Type 3 access) will be used to accessstructures requiring the crossing of wetlands, streams, and agricultural lands where no existing accessroad is available.

Equipment commonly used on the ROW during the rebuild construction will include clearing equipment,utility trucks with mounted augers and lift buckets, medium-sized lifting cranes and boom cranes,excavators, dump trucks, concrete trucks, semi-trailer trucks delivering wood pole structures, steel, andconductor reels, wire pulling and tensioning equipment, pick-up trucks, assorted smaller 4x4 vehicles,and small bulldozers.

The proposed ROW access points from street or road crossings are shown on the Plan and Profile drawings,are provided in Appendix A, and also are presented in Appendix J.

Some off-ROW access will be required for the Project to minimize impacts to sensitive areas and facilitateconstruction activities. Tables M-1 and M-2 in Appendix M provide additional information concerning theseoff-ROW access areas.



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7b. The location of proposed permanent access roads, temporary access roads andexisting access roads shall be delineated on maps and be provided in an electronicformat.

Response 7b: The locations of proposed permanent and temporary access roads are indicated on thePlan and Profile drawings.

7c. Identify the types of access which will he used and the rationale for employingeach type of access including consideration of:

(1) temporary installations;

(2) permanent installations;

(3) use of roads, driveways, farm lanes, rail beds, etc; and

(4) other access, such as helicopter or barge placement.

For each temporary and permanent access type provide a figure or diagramshowing a typical installation (include top view, cross section and side view withappropriate distances and dimension). Where existing access ways will be used,indicate provisions for upgrading to meet appropriate standards.

Response 7c: The ROW and off-ROW access opportunities and constraints for the Project were evaluatedusing the EM&CP guidelines specified in 7c, including temporary and permanent installations, existingroads, driveways, farm lanes, and railbeds. In general and, where feasible, access is routed to avoid areasof unstable soils, steep banks, wetlands and streams, sensitive residential areas, and agricultural fields inthe ROW.

The approved ROW access points from street or road crossings are shown on the Plan and Profile drawingsprovided in Appendix A. An EM&CP Notice of Change Form will be used if an access route to structuresmust change. Access road types are defined on sheets 2CG and 3G-3FH of 46 of the Plan and Profiledrawings. Although the majority of ROW access will be from public roadways, off-ROW access routesand the status rights or landowner permission, as applicable, are summarized in Table M-2 in AppendixM. Table M-1 lists the off-ROW access road types, prescribed erosion controls, and culvert installationsassociated with these areas. Access roads generally will consist of a travel corridor approximately 20feet wide with a brush-cut buffer on both sides of the access and a 16-foot-wide travel zone for safepassage of construction equipment. The 20-foot wide access corridor will be staked or flagged in the fieldas part of site-preparation activities.

To the extent practicable, National Grid will minimize crossing sensitive resources by “dead-ending” on-ROW access or by utilizing approved off-ROW access to gain access to the ROW. At certain locations,construction access through wetland areas and across stream channels will be unavoidable. Specificdesign criteria and methods are identified for each type of crossing, taking into consideration theresource type to be protected and the site conditions at the time of construction. Specific access roadinstallation or equipment limitations are identified for agricultural lands in an effort to minimize impactsto agricultural fields, and they are described in Section III 6. Wetlands also will require specific roadinstallation for equipment limitations in an effort to minimize impacts during construction. For themajority of access through wetlands and agricultural lands, the use of matting and/or tracked equipmentwill be employed (Type 3 access).



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7d. Indicate the associated drainage and erosion-control features to be used foraccess road construction and maintenance. Provide diagrams and specifications(include plan and side views with appropriate typical dimensions) for each erosion-control feature to be used, such as:

(1) staked hay bale or check dam (for ditches or stabilization of topsoil);

(2) broad-based dip or berm (for water diversion across the access road);

(3) roadside ditch with turnout and sediment trap;

(4) French drain;

(5) diversion ditch (water bar);

(6) culvert (including headwalls, aprons, etc.);

(7) sediment retention basin (for diverting out-fall of culvert or side ditch);

(8) silt fencing.

Response to 7d: The existing ROW, structure sites, and access routes generally are located in relativelylevel areas with few erosion hazard areas. Erosion controls and drainage features are depicted on thePlan and Profile drawings in Appendix A and summarized in Appendix B. The Contractor is responsiblefor installing these and any other temporary erosion controls necessary in order to minimize the potentialfor erosion and sedimentation, or as requested by the Environmental Monitor. All standard details andinstallation specifications for erosion controls, including straw bale and silt fence barriers, diversionswales, berms and waterbars, and culverts are provided on sheets 3A-3DK of 46 of the Plan and Profiledrawings and also are included in Appendix F of this EM&CP document; the Project-specific SWPPP isprovided in Appendix G.

7e. Indicate the type of stream-crossing method to be used in conjunction with accessroad construction. Provide diagrams and specifications (include plan and side viewwith appropriate dimensions) for each crossing device and rationale for its use.Stream-crossing devices may include but not be limited to:

(1) timber mat;

(2) culverts including headwalls;

(3) bridges (either temporary or permanent).

Response to 7e: See Responses to the Commission’s Order in Section II 79 and 80 and III A 3 and 4 andprocedures enumerated in National Grid’s Stream and Wetland Protection Procedures, provided inAppendix F. Additionally, the EM&CP Plan and Profiles drawings in Appendix A identify streamcrossing locations, specifications, and environmental details. Table C-2 in Appendix C provides asummary of all waterbodies crossed by the Project, including the proposed crossing method. Wherepossible, timber mats and existing culverts will be utilized to minimize impacts to stream banks anddisturbance to stream beds and existing riparian vegetation. Where the use of timber mats is notpracticable, alternative proposed crossing methods include the installation of temporary or permanentculverts for smaller streams, or the installation of temporary bridges (Bailey or other) for larger streams.

7f. The use of fords is not allowed. Existing fords should be upgraded to bridges,culverts or other permanent crossings that are approved by DPS.

Response to 7f: Fords will not be used for stream crossings of NYSDEC-protected streams (class A, B,or C[T]). Existing fords at these locations will be upgraded to bridges, culverts, or other permanent



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crossings as approved by DPS. An existing ford may be used to cross Stream S26 (class C) if proposedoff-ROW access cannot be obtained for structures located west of S26.

7g. All diagrams and specifications should include type and size of material to beplaced in stream and on stream approaches.

Response to 7g: Stream-crossings specifications, including the type and size of material to be placed instreams and stream approaches, are included on the Plan and Profile drawings in Appendix A and inTable C-2 in Appendix C.

8. Clean-Up and Restoration

Describe the Company’s program for ROW clean-up and restoration, including:

8a. the removal of any temporary roads; restoration of lay-down or staging areas; thefinish-grading of any scarified or rutted areas; the removal of waste, scrap metals,surplus or extraneous materials, or equipment used.

Response 8a: In general, the following ROW clean-up and restoration procedures will be implemented:

During construction, the ROW will be kept free of debris and discarded material to the extent possible.Within one week after construction is completed for a particular section of the ROW, that section of ROWwill be thoroughly cleaned. All man-made debris generated from demolition and construction will bedisposed of according to National Grid procedures and at an approved disposal site in compliance withall appropriate environmental regulations.

Soil compaction in construction areas frequently occurs as a result of the movement of heavy equipmentover soil. Soil compaction will be avoided to the maximum extent possible through the use of low-impactequipment (i.e., high-flotation tracked vehicles or vehicles equipped with flotation tires) and mats,particularly in previously landscaped areas; however, if compaction occurs, soils will be aerated.Aeration in grassy areas will be accomplished through the use of a mechanical power aerator. Followinguse of the aerator, the area will be thoroughly raked.

Areas along the ROW that have been scarified and rutted will be graded and seeded to permanentlystabilize and restore such disturbed sites. This activity will be completed within three (3) months afterconstruction along a particular segment has been completed unless seasonal limitations preclude finalrestoration within this timeframe. Where transmission line construction has changed grade and contouralong the ROW, the area will be restored to original grade. Exceptions will be made only when changesin grade are desired and requested by the landowner to improve the area or are necessary for the safeand efficient maintenance and operation of the Facility. Where the trench or pole backfill area hassettled below ground level, it may be necessary to import topsoil to return an area to grade.

All permanent drainage and erosion control measures should be installed during final grading. Thesedevices are detailed on the Plan and Profile drawings in Appendix A. Where needed for ongoingdrainage and erosion control, permanent devices will replace temporary devices installed duringconstruction.

In residential/non-agricultural areas where landscaping is to be repaired or replaced, topsoil will beapplied to an appropriate depth where vegetation plantings are to be re-established. When appropriate,the subsoil surface will be scarified or tilled to permit the bonding of the topsoil and subsoil. Excess soils



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may be removed from site, although excess topsoil may be used in other areas of the site where it isneeded.

8b. plans, standards and a schedule for the restoration of vegetative cover; includespecifications to address:

(1) design standards for ground cover:

(a) species mixes and application rates by site;

(b) site-preparation requirements (soil amendments, stone removal, subsoiltreatment or drainage measures);

(c) acceptable final cover % by cover type;

(2) planting-installation specifications and follow-up responsibilities;

(3) a schedule or list of projected dates of any seeding and/or planting.

Response 8b: A preliminary seeding of exposed soils will be performed after the initial vegetationmanagement and clearing phase of the Project. If the time of the year (late fall or winter) will not permita suitable growth of desired ground cover, final seeding will be delayed until the next growing season(spring). Temporary ground cover (mulch) will be employed in the interim. In agricultural areas, seedmixtures, rates, and amounts will be coordinated with the farm owner or operator. Permanent andtemporary seeding specifications in agricultural areas will be investigated in consultation withfarmers/farm manager and in consultation with the Niagara County, Orleans County, and MonroeCounty Soil and Water Conservation Districts. Final seeding will occur after all construction activitieshave been completed.

Restoration of temporary disturbance and/or fill in wetlands will include restoration of all impactedareas to pre-construction contours and conditions to the extent practicable to remain compatible with theoperation and maintenance of the Transmission Facility. Where existing structures are removed, wetlandconditions will be restored to 18 inches below grade, and topsoil will be placed to allow natural re-vegetation of wetland species from the seed bank. Topsoil will be obtained from the replacementstructure location, where applicable. If vegetative cover has not reached 85% after two growing seasons,a conservation seed mix will be applied to supplement native re-vegetation.

Grass areas that are damaged will be seeded under supervision of the Environmental Monitor. Grassseed will be of fresh, clean, certified seed. Seeding operations will commence only after an acceptableseedbed has been established as presented above. Seed will be applied by hand, cyclone seeder, drill, orculti-packer-type seeder at a depth of one-quarter (¼) to one-half (½) inch. Hydro-seedings which aremulched need not be worked into the soil. The seedbed will be firmed following seeding operation with aroller or light drag, except where culti-packer-type seeder or hydro-seeders are used. The entire seededarea will be watered with a fine spray until a uniform moisture depth of one (1) inch has been obtained.Mulching and anchoring the mulch may be necessary in some areas.

There are few areas where vegetation plantings or special seeding applications are anticipated. Lawnareas have been identified on the Plan and Profile drawings in Appendix A. Where access and/orconstruction are unavoidable on lawn areas and the use of low-impact equipment or mats has notsufficiently protected the lawn, the topsoil will be cultivated to a depth of six (6) inches by a mechanicaltiller, with special care to be taken around trees to avoid root damage in order to provide for maximumpost-construction vegetative growth. If a mechanical tiller cannot be used, then the inaccessible areaswill be cultivated by hand. Foreign materials and contaminated soils will not be used for topsoil.



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Following placement of topsoil, the area will be raked and large stones, rocks, and weeds will beremoved. The replaced soil will be graded to conform to the original contours and grade. The topsoilwill be workable and applied under dry conditions, and will be either obtained from the immediate areaor imported.

Fertilizer will be added at the appropriate rates after seed is applied. All seed bag tags will be providedto the Environmental Monitor. Fertilizer will be applied to all areas receiving vegetation plantings.Planting strips and other areas where grasses will be planted will receive fertilizer. Fertilizer rates willbe dependent on tree size and fertilizer type. Fertilizer over grassy areas will be evenly broadcast andcultivated or watered into the soil. Fertilizer application for landscape trees will be distributed manuallyor with approved hydro-pressure equipment in holes eighteen (18) inches deep and below the treecanopy. Fertilizer for planting strips and other areas where grasses will be planted will be applied at adepth of four (4) inches with a disc spring-tooth harrow or other equivalent piece of equipment.Fertilizer will be applied under the direction and supervision of the Environmental Monitor.

Temporary fills for roads or work pads will be either commercial mats or select fill on geotextile. Assoon as practicable, these temporary fills will be removed and the surface prepared for adequate andappropriate re-vegetation.

Straw or cellulose fiber typically will be used for general mulching at road crossings and stream andwetland approaches. Shrubs and trees may be planted as replacements for damaged or destroyedvegetation, and/or at sites designated for landscaping/screening if deemed appropriate after consultationwith the DPS Staff.

The need for other landscaping/screening plantings will be determined within one year after theTransmission Facility is placed into service as identified in the response to Condition 52 of the Order.Landscape trees damaged or destroyed by activities during construction, operation, or maintenance inlawn or yard areas will be evaluated, and replaced, where appropriate, within the following year, byNational Grid, with the equivalent type trees or shrubs, except if:

permitted by any approved EM&CP;

equivalent-type replacement trees or shrubs would interfere with the proper clearing,construction, operations, or maintenance of the certified Facility;

replacement would be contrary to sound ROW management practices or to any approved long-range ROW management plan applicable to the Project; or

the owner on whose land the damaged or destroyed trees or shrubs were located declinesreplacement (or other recorded easement or license holder with the right to control replacementdeclines replacement); provided, however, that National Grid may decline to replace trees orshrubs on its own property where required by the EM&CP.

Upon completion of the wire-stringing activities, final restoration will restore any remaining areas withseeding and/or mulching to follow immediately. This phase also will include final water bar or/drainageinstallation; restoration of disturbed areas to previously existing or stable contours and seeding;restoration of permanent access roads; and checking the integrity of the installed drainage and erosioncontrol facilities to ensure proper functioning.

Provisions for erosion control and maintenance of drainage installations include the monitoring (throughroutine line patrols) and correction of conditions which do not conform to requirements of theCommission’s Orders and the Project-specific SWPPP. Following completion of Line construction,



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initial monitoring will occur every six (6) months through the second growing season after construction iscomplete. This period should provide sufficient time to accomplish stabilization of soil, control of surfacewater, and establishment of interim vegetation pending natural regeneration. Where this does not result,National Grid will take whatever actions are necessary to produce stable soil conditions in the ROW.

Plant Inspection, Guarantee and Maintenance

Should landscape planting in sensitive residential or commercial use areas become necessary, theEnvironmental Monitor or Transmission Forester will inspect plants in containers prior to planting andwill inspect plant locations to verify compliance with local guidelines and requirements. TheEnvironmental Monitor also will conduct both an inspection after completion of planting and a finalinspection at the end of the maintenance period to ensure that any previous deficiencies have beencorrected.

As soon as all disturbed sites have been restored and stabilized to at least 80% vegetative cover, NationalGrid will provide the NYSDEC and DPS staff with a NOT, in conformance with the NYSDEC’s GeneralPermit for Stormwater Discharges from Construction Activities. Restored areas should have 80%permanent ground cover one season following construction. Seeded areas will be evaluated and reseededas necessary to achieve 80% cover at the optimum time or by the following growing season.

All plants will be guaranteed for one year or for the duration of one full growing season, beginning afterthe last planting is complete, whichever is longer. At the end of the guarantee period, any dead,unhealthy or badly impaired plants will be replaced. All replacement plants will be of the same speciesand size.

8c. Plans to prevent unauthorized access to and along the ROW.

Response 8c: National Grid has determined that, to deter unauthorized vehicular access from publicroads, it will place "Posted" signs at the ROW edges in those locations where the ROW intersects publicroads, as identified on the Plan and Profile drawings. To deter unauthorized ATV access, it will place"Posted" signs at known points of unauthorized ROW entry that are used by ATVs, as identified on thePlan and Profile drawings. Given the general lack of effectiveness of gates in controlling access toROWs, National Grid has determined not to use gates. If National Grid identifies unauthorized access toor along the ROW, it will notify and coordinate among its Environmental Affairs, Real Estate, Security,and/or Legal departments. Where possible, National Grid will assist adjacent owners to implementreasonable efforts to post signs and/or discourage these unauthorized or incompatible uses and activities.National Grid will employ reasonable means to educate, notify, and inform the public concerning therisks and impacts of adverse use. It will work with local law enforcement officials in an effort to preventfuture trespassing, and will seek prosecution of known or suspected violators.

On a long, narrow, linear right-of-way like this, gates provide no barrier to physical access and areeasily circumvented. A person who is willing to trespass has no difficulty going around, under, orthrough a gate placed perpendicular to the length of the ROW. The gate serves no function other than toalert persons that access is not authorized. "Posted" signs achieve the exact same result, and do so atmuch less expense and with the capability to be located at many more locations along the ROW. Postedsigns also have the legal effect, pursuant to NYSDEC regulations, of notifying persons that entry isillegal. This clear result is not available with a gate.

Furthermore, gates create an additional level of legal exposure to National Grid. The Company recentlyincurred the cost -- and risk -- of defending itself against personal injury claims brought by individuals



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who, while apparently trespassing or attempting to do so -- injured themselves by colliding with gates onCompany ROWs.

National Grid's proposal includes the intention to identify unauthorized access to or along the ROW, atwhich times it will notify and coordinate among its Environmental Affairs, ROW, Security, and/or LegalDepartments. It also will employ reasonable means to inform the public about the high risks andnegative impacts of adverse use of electric transmission ROWs. Trespass is usually a criminal act. Aperson willing to break the law by trespassing near a Posted sign is not likely to be deterred by thepresence of a gate. National Grid's Security Department stays in close contact with local lawenforcement officials and, if necessary, presses charges whenever trespassers are apprehended on any ofthe Company's ROWs.

9. ROW Clearing and Management

9a. Describe the extent of ROW clearing required for the construction and operation ofthe Project.

Response 9a: National Grid will clear areas for access and workspaces. In addition, National Grid willclear the Line 111 ROW in areas where Line 111 is the northern-most line in the ROW shared with othertransmission lines. The two areas where this is the case include from structure 127 to structure 495 andfrom structure 520 to structure 525. In these sections of the ROW, selective clearing will be implementedto result in a cleared area measuring 75 feet to the north of the centerline in uplands, andexcept in DEC-regulated forested wetlands, where selective clearing will result in a cleared area measuring 50 feet tothe north of the centerline in wetlands an area approximately 25 feet north of the currently maintainedROW will be cleared where tall-growing, undesirable species exist to result in a cleared area 75 feet widelocated to the north of the centerline of Line 111. Danger tree removal will be implemented in DEC-regulated forested wetlands between 50 feet and 75 feet north of the centerline from structure 127 tostructure 495, and from structure 520 to structure 525where necessary to maintain the safety andintegrity of the Line. These areas are identified on the Plan and Profile drawings and also are providedin Appendix B. Once operational, the Line 111 ROW will continue to be maintained in accordance withNational Grid's Transmission Right-of-Way Management Program.

9b. Describe the manner of disposition of cleared vegetation and spoils and anyexcess concrete, taking into account the requirements of Section 7 of Attachment 1to this Appendix E.

Response 9b: National Grid and its Contractors will follow the EM&CP Procedures for the control ofinvasive species. Efforts will be made to minimize ground disturbance and vegetation removal byimplementing Type D disposal (drop and lop) methods in DEC wetlands for access and workspaces, andin all wetlands for the 25-foot areaareas to be selectively cleared between structures 127 and 495 andbetween structures 520 and 525. National Grid and its Contractors will dispose of excess concrete in anapproved off-site landfill or incineration facility or a State-approved disposal facility. Any vegetation,soil, spoils, or debris that is removed from construction vehicles during invasive-species cleaning andwashout will be used within the same construction area already infected with the invasive species. Ash(Fraxinus sp.) slash will be disposed of as stated in Condition 56.

9c. Identify the factors such as the attributes of the site, outcome of landownernegotiations, and attributes of the logs, upon which Certificate Holder’s removal of



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the merchantable logs resulting from clearing the ROW for the Project will bebased.

Response 9c: National Grid does not anticipate the removal of any merchantable logs from clearing ofthe existing, fee-owned ROW.

9d. Describe the herbicide use plan for all vegetation clearing prepared in compliancewith the Certificate Conditions/Ordering Clauses.

Response 9d: Herbicides will be applied by stump-treatment on undesirable tall-growing tree species inorder to prevent re-sprouting. This herbicide stump-treatment will not be used on conifer species.Upland areas will be treated with approved upland herbicide mixes, and wetlands and wetland bufferareas will be treated with approved wetland herbicide mixes. The mixture used also will be determinedby the time of year and weather conditions. National Grid will apply herbicide in accordance withNational Grid’s Transmission Right-of-Way Management Program and the adapted, Project-specificEnvironmental Procedures provided on the Plan and Profile drawings, in Appendix A).

9e. Identify the sites, if any, requiring trimming or clearing of vegetation and thegeographic limits of such trimming or clearing. Indicate in text and on the Plan andProfile drawings the specific methods for the type and manner of cutting anddisposition or disposal method for cut vegetation (i.e., chip; cut and pile; salvagemerchantable timber, etc.). Designate methods for management of vegetation tobe cut or removed at each site, indicating the rationale for the method designated.Sites should be based on an initial ROW vegetation inventory conducted prior toclearing and access road construction, and should be distinguished by criteria suchas:

(1) Any geographical area bounded by distinctly different cover types requiringdifferent cut-vegetation management methods, or

(2) Any geographical area bounded at each end by areas requiring distinctlydifferent cut-vegetation management methods due to site-specific conditionssuch as land use differences, population density, habitat or site protection, soilor terrain conditions, fire hazards or other factors.

(3) Specific property owners requesting specific vegetation treatment or disposalmethods.

(4) Delineation and protection of desirable vegetation species.

(5) Indication of areas requiring (off-ROW) danger tree removal.

Response 9e: Sites requiring trimming or clearing of vegetation and their geographic limits areindicated on the Plan and Profile drawings and listed in Appendix B. Type IB and C clearing and slashdisposal will be utilized for all access routes and workspaces in uplands and federally designatedwetlands for construction safety. As defined in Section 2 of the EM&CP Procedures included inAppendix F, Type I clearing is utilized for access routes and work spaces to provide a completely clearedarea for safe access and construction. Type B and C disposal includes collecting and piling slash fromclearing activities. Slash will be removed from all flood-prone areas. Type ID clearing and slashdisposal methods will be utilized for all access routes and workspaces in DEC wetlands. Type D disposalis defined as ‘lop and drop’.



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Type II clearing methods, which are more selective and retain desirable low-growing species, will beemployed between structures 127 and 495, and structures 520 and 525. Clearing will result in a clearedarea 75 feet wide from the centerline of Line 111 to the north in uplands,, andexcept in DEC-regulatedforested wetlands, where clearing will result in a cleared area 50 feet wide from the centerline to thenorth in wetlands. WDEC-regulated forested wetlands in these areas will also be subject to danger treeremoval between 50 feet and 75 feet north of the centerline. Type D slash disposal will be used in allwetlands, and Type B and C disposal will be used in all uplands. Ash (Fraxinus sp.) slash will be disposedof as stated in Condition 56.

9f. Identify the locations where specific tree protection measures will be employed toavoid damage to specimen trees stands of desirable species, important screeningtrees or hedgerows. Details of specific measures should be specified in text andsite plans.

Response 9f: Every effort will be made to preserve specimen tree stands of desirable species, importantscreening trees, and hedgerows where their existence will not interfere with continued maintenance andoperation of Line 111. No specimen trees to be protected were identified during the development of theEM&CP. If a specimen tree stand is found during the clearing process, appropriate vegetationtreatments will be applied.

9g. Describe the interim ROW vegetation management plan to be used for the Projectfrom the beginning of vegetative clearing until the comprehensive, site-specific,long-range ROW management plan is submitted. Include a description of the initialand follow-up vegetation-treatment techniques, and the proposed contents of anypost-construction and long-range ROW management plans. Such plans, whensubmitted, shall describe the goals and objectives and include supportinginventories and analyses, proposed and alternative techniques (including, but notlimited to, consideration of vegetative screening and buffer areas at locations suchas stream crossings, public roadways, and residential areas), schedules, and otherimportant environmental information deemed necessary.

Response 9g: The Project involves the replacement of existing transmission line structures and re-conductoring within National Grid’s fee-owned ROW. Vegetation management will be required to accessstructures and reduce current risks to the Transmission Facility posed by the presence of undesirable,tall-growing tree species growing to the north of the ROW between structures 127 and 495, andstructures 520 and 525. Such vegetation-management locations and methods are listed in Appendix Band specified on the EM&CP Plan & Profile drawings. Following completion of construction activities inthe ROW, National Grid will resume its ongoing long-term Transmission Right-of-Way ManagementProgram, which includes danger-tree-removal rights; annual inspections; and the conducting ofvegetation management activities along the ROW in accordance with Line 111’s established maintenancecycle. Clean-up and slash disposal of cleared vegetation will occur on an ongoing basis during trimmingand clearing activities and in accordance with specifications in the EM&CP Procedures in Appendix Fand summarized on sheets 2AC-2BD of 46 of the Plan and Profile drawings. Cleared vegetation will notbe burned or buried; it must be disposed of in accordance with the appropriate disposal techniques forthe specific area, as prescribed on the Plan and Profile drawings.



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Line 111 Right-of-Way Vegetation Management

The Line 111 ROW has been cleared and maintained since the 1940s. For much of the length, Line 111is located in the central portion of the ROW shared with several other transmission lines and thevegetation community is maintained as a low-growing herbaceous or scrub-shrub community. Clearingwill be required along existing access roads and around structure locations to provide for safeconstruction practices. Some areas will not require clearing, especially in the vicinity of agriculturalareas, and these locations are noted in Appendix B and in the Plan and Profile drawings.

Between structures 127 and 495 and between structures 520 and 525, Line 111 is the northern-most line,and encroachment of taller-growing undesirable tree species and danger trees has occurred.Accordingly, this area will be subject to selective clearing efforts to provide for safe maintenance andoperation of Line 111. This clearing will occur within National Grid, fee-owned ROW.

In general, all ROW vegetation is to be maintained in a condition that strives to prevent interruptionscaused by trees and tall shrubs in the ROW and those caused by “’danger trees”. Danger trees aredefined (see New York Public Service Commission Case 04-E-822) as any tree rooted outside the ROWthat, due to its proximity and physical condition (i.e. mortality, lean, decay, cavities, cracks, weakbranching, root lifting, or other instability), poses a particular danger to a conductor or other keycomponent of a transmission facility. Trees located off-ROW that have branches within the ROW also aremanaged. Such trees will be pruned or removed to achieve appropriate clearance distances. Such dangertree management is performed where National Grid owns the land in fee or property rights so allow.Where such rights are limited, National Grid will seek cooperation and permission from landowners toeffectively manage danger trees. National Grid’s Clearing and Slash Disposal Procedures are describedin Section 2 of Appendix F.

Long-term Right-of-way Vegetation Management

National Grid maintains its electric transmission ROWs in accordance with its Transmission Right-of-WayManagement Program, revised May 4, 2010, and approved by the DPS June 28, 2010, in accordance withSection 84.2 of 16 NYCCR Part 84. National Grid’s Transmission Right-of-Way Management Programprovides a detailed description and discussion of: the National Grid system and organizational structure;ROW management policies and practices; vegetation management techniques used by National Grid; and theNational Grid ROW maintenance program.

These practices will be consistent with those in National Grid’s Transmission Right-of-Way ManagementProgram (Revised May 2010). A long-term ROW maintenance and management program that willinclude the Line 111 ROW from structure #1E to 597 will be updated and will be submitted to theCommission prior to initiation of long-range maintenance.

Long-term Vegetation Management Program Goals

Since 1978, Niagara Mohawk’s (now National Grid’s) Transmission Right-of-Way Management Programhas evolved into a comprehensive program that reflects the specific plans and procedures for an ecologicallysound, long-range, system-wide ROW vegetation management program. Pursuant to rule-making andrevisions to NYCRR Part 84 regulations, National Grid has reduced herbicide use and increased:transmission reliability, transmission safety, and effective cost management. Each National GridTransmission Forester applies a broad ecological overview to the principals of Integrated VegetationManagement (“IVM”) in determining the vegetation clearing and management needs of existing, rebuilt orrefurbished, and new transmission lines in its system. As applied to electric transmission ROWs, IVM is asystem of vegetation management that minimizes the interference of tall ROW trees with the electric



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transmission system through the integrated use of state-of-the-art management systems, clearing techniques,and treatment methods involving cultural, physical, biological and chemical controls.

National Grid’s goal is to maintain natural and man-made ROW features in a stable condition thatassures environmentally compatible access for routine and emergency line operations. National Grid’sTransmission Right-of-Way Management Program generally promotes low-growing and relatively stable(long-lived) plant communities. Ideally, these communities consist of numerous species of woody shrubs,forbs and grasses that serve as biological control agents by inhibiting the establishment and/or expansionof tall-growing tree species on ROWs. In addition to limiting undesirable tree populations and reducingvegetation management costs, these low-growing, ROW plant communities provide diverse andproductive wildlife habitat.

9h. Describe interim ROW management plans and standards for securing, stabilizing,monitoring and addressing ROW access roads, facility maintenance, and analysisof compliance with any post-restoration requirements.

Response 9h: Following re-construction, the existing Line 111 ROW, structure, and roads will bemonitored and maintained consistent with the National Grid’s Transmission Right-of-Way ManagementProgram (May 2010). In addition, National Grid will meet all of its post-construction monitoringobligations, including those applicable to agricultural and wetland areas.

10. EM&CP Procedures

Attachment 1 to this Appendix E is the Certificate Holder’s EM&CP Procedures forEnvironmental and Agricultural Land Protection.

Response 10: The EM&CP Guidelines have been addressed herein as Section III of the EM&CPdocument, incorporating specific information as applicable from National Grid's EM&CP Procedures forEnvironmental and Agricultural Land Protection, included as Appendix F. The adapted, Project- specificEnvironmental Procedures are included in the environmental note sheets 2A-2D2A-2I of 46 on the Planand Profile drawings, in Appendix A.

11. Invasive Species Control Procedures

The EM&CP shall describe the procedures for controlling invasive species. Suchprocedures shall be those outlined in Attachment 1 to this Appendix E.

Response 11: The EM&CP procedures for controlling invasive species, outlined in Attachment 1 ofAppendix E of the Joint Proposal can be found in Section 7.0 of Appendix F. In addition, in accordancewith the ordering clauses and EM&CP Procedures of the Joint Proposal, the regional DEC resourcestaff, OPRHP, and Ag and Markets were consulted to determine any priority areas or specific species ofhigher concern. Invasive species were identified during the wetland delineation field effort and tabulatedthrough review of photographs taken during the wetland delineation.

Invasive Species Tiered Evaluation

Based on field efforts and agency consultation, a tiered approach to invasive species management hasbeen developed that involved categorizing each ROW segment into one of three tiers of concern and then



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developing tier-specific control measures. The presence of invasive species in relation to off-ROW areas,abundance of invasive species present, and whether the species is managed as a desirable species underthe current National Grid Transmission Right-of-Way Management Program approved by theDepartment of Public Service in June 2010 were criteria considered during assignment of the tiers toeach segment along the ROW.

A description of each tier is provided below, with Tier 1 representing areas of lower levels of invasivespecies abundance and Tier 3 representing areas of higher levels of invasive species abundance. It isimportant to note that no areas of higher concern were identified during agency consultation for theProject. Priority invasive species identified during agency consultation included Japanese knotweed(Polygonum cuspidatum), common reed (Phragmites australis), purple loosestrife (Lythrum salicaria),black swallow wort (Cyanchum louiseae), and giant hogweed (Heracleum mantegazzianum).

Tier I – These are spans with no invasive species identified through review of photographs takenduring the wetland delineation field effort.

Tier II – These are spans with one non-priority invasive plant species identified through review ofphotographs taken during the wetland delineation field effort.

Tier III – These are spans with two or more invasive plant species, or one or more priorityinvasive species, identified through review of photographs taken during the wetland delineationfield effort.

Preventing the Introduction and Transport of Invasive Species

During the development of the Project’s EM&CP, the Project’s access routes, staging areas, and workareas were modified, as practicable, to reduce the potential spread of invasive species. Such effortsincluded limiting or eliminating access though Tier II & III areas, while taking into account adjacentland uses (such as agriculture), wetlands, streams, and other sensitive resources, and ease ofconstruction. During construction, the Project will minimize the spread of invasive species by keepingand reusing onsite materials, where possible, rather than importing new material. If importation of soiland aggregated material is required, it will be from sources that are free of invasive species. TheProject has been designed to minimize soil disturbance. Disturbed areas will be stabilized andrevegetated as soon as possible and in accordance with the Project’s EM&CP stabilization procedures.Trained Environmental Monitors will oversee work activities and will assure that these procedures arefollowed by work crews. The Project will include training the workers on the invasive species presentwithin the ROW and how to identify them. On a Project-wide basis, National Grid will perform thefollowing Tier-based measures to prevent or reduce the transport of invasive species during constructionof the Project:

Tier I Upland - Clean all vehicles of all visible vegetation and soils before entering a new Tier Iupland segment. Access in these areas will be limited to defined paths.

Tier I Wetland - Clean all vehicles and matting of all visible vegetation and soils before enteringa new Tier I wetland segment. Access in these areas will be limited to either: defined paths ontemporary matting or snow pack, or through the use of low-PSI equipment during dry/frozenconditions and under the supervision of an Environmental Monitor. Where equipment and/ormatting physically encounters any invasive plant species within a Tier I wetland, such equipmentand/or matting will be cleaned before exiting the wetland. Cleaning shall consist of brushing



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and/or the use of compressed air or power-blowers. The removed material shall be directed intothe wetland area where the invasive plant species were encountered.

Tier II Upland - Clean all vehicles of visible vegetation and soils before entering or exiting a newTier II upland segment. Access in these areas will be limited to chip roadways, on defined paths,when and where practical. Cleaning shall consist of brushing and/or use of compressed air orpower-blowers.

Tier II Wetland - Clean all vehicles and matting of all visible vegetation and soils before enteringor exiting a new Tier II wetland segment. Access in these areas will be limited to defined paths ontemporary matting or snow pack. Cleaning shall consist of brushing and/or use of compressed airor power-blowers and the removed material shall be directed into the wetland where the soiland/or vegetation was encountered. Where particularly adhesive soils are encountered, theEnvironmental Monitor may direct that power-washing with clean water and no detergents beused, as non-freezing seasonal conditions permit and within a temporary wash station within theinfested wetland area, with established environmental controls to manage the discharge of washwater (no wash water shall be directly discharged into wetlands, wetland adjacent areas, streamsor storm water conveyances). If the access segment continues into another wetland of the sameinvasive tier, washing stations will only be established at the beginning and end of the wetlandsalong the same access segment and invasive tier.

Tier III Upland - Clean all vehicles of all visible vegetation and soils before entering or exiting anew Tier III upland segment. Access in these areas will be limited to chip roadways, when andwhere practical, and on defined paths. Cleaning shall consist of brushing and/or use ofcompressed air or power-blowers. Where populations of species of high concern areencountered, the Environmental Monitor may direct that portions thereof be isolated fromvehicles with temporary physical barriers, i.e., fabric fencing, tarps, etc. and/or that anappropriate mechanical or herbicide treatment be applied to such population portions, inconsultation with National Grid’s Transmission Forester and NYSDEC and DPS Staff.

Tier III Wetland - Clean all vehicles of all visible vegetation and soils before entering or exiting anew Tier III wetland segment. Access in Tier III wetlands will be limited to defined paths ontemporary matting. Cleaning shall consist of brushing and/or use of compressed air or power-blowers and the removed material shall be directed into the wetland where the soil and/orvegetation was encountered. Where particularly adhesive soils and/or species of high concernare encountered, the Environmental Monitor may direct that power-washing with clean waterand no detergents be used as non-freezing seasonal conditions permit and within a temporarywash station within the infested wetland area, with established environmental controls to managethe discharge of wash water (no wash water shall be directly discharged into wetlands, wetlandadjacent areas, streams or storm water conveyances). Where populations of priority invasivespecies are encountered by vehicles, the Environmental Monitor may direct that portions thereofbe isolated from vehicles with temporary physical barriers, i.e., fabric fencing, tarps, etc. Theprimary barrier to prevent the transport of invasive plant material on vehicles will be temporarymatting installed for access in wetlands. If the access segment continues into another wetland ofthe same invasive tier, washing stations will only be established at the beginning and end of thewetlands along the same access segment and invasive tier.

National Grid will ensure that any imported soil or aggregate material is free from invasivespecies. No soil is proposed to be imported for the Project. Aggregate material will be double-washed



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and written confirmation from the source yard will be obtained, certifying that the material is free frominvasive species.

EMCP Revised per Agency Comments - documents.dps.ny.gov

Documents

Transcript of EMCP Revised per Agency Comments - documents.dps.ny.gov