MILLENNIUM PIPELINE COMPANY, L.L.C. HANCOCK...

MILLENNIUM PIPELINE COMPANY, L.L.C.

HANCOCK COMPRESSOR PROJECT

ENVIRONMENTAL CONSTRUCTION STANDARDS

May 2012

(Updated for 2012 Construction to Reflect Millennium’s Hancock Compressor Project)

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Millennium Pipeline Company, L.L.C. ii Hancock Compressor Project

These 2012 Environmental Construction Standards (ECS) for the Hancock Compressor Project (Project) amend previous versions of the ECS by incorporating the Project-specific environmental requirements. To that end, the ECS collate the procedures that are to be followed to maintain compliance with Project environmental regulatory requirements during typical compressor station construction activities, and are designed for use in the field during construction activities, along with the Construction site drawings, and any site-specific construction and environmental mitigation plans. Millennium’s construction inspectors and contractors are required to understand and follow the requirements of these permits, certificates, and plans, as applicable to environmental compliance.

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Millennium Pipeline Company, L.L.C. iii Hancock Compressor Project

TABLE OF CONTENTS

Page I. INTRODUCTION ..................................................................................................................... 1 II. SUPERVISION AND INSPECTION ........................................................................................ 2 III. CONSTRUCTION PROCEDURES .......................................................................................... 3

III.A GENERAL .................................................................................................................... 3 III.B APPROVED AREAS OF DISTURBANCE ................................................................ 4

III.B.1 Project Site ....................................................................................................... 4 III.B.2 Access Driveway ............................................................................................. 4 III.B.3 Contractor Wareyard ........................................................................................ 4 III.B.4 Exceptions and Modifications ......................................................................... 5

III.C CLEARING .................................................................................................................. 5 III.C.1 Wood Products and Materials .......................................................................... 5 III.C.2 Brush ................................................................................................................ 5 III.C.3 Temporary Erosion and Sedimentation Control Installation ........................... 6

III.D GRADING .................................................................................................................... 6 III.D.1 Grading Near Watercourses ............................................................................. 6 III.D.2 Tree Stump and Rock Removal/Disposal ........................................................ 7 III.D.3 Erosion Control Devices Installed During Grading ......................................... 7 III.D.4 Temporary Road Entrances ............................................................................. 8

III.E TRENCHING .............................................................................................................. 8 III.E.1 General Specifications ..................................................................................... 8 III.E.2 Blasting ............................................................................................................ 9 III.E.3 Temporary Trench Plugs ................................................................................. 9 III.E.4 Temporary Construction Access over Trench ................................................. 9

III.F PIPE INSTALLATION AND TRENCH DEWATERING ......................................... 9 III.F.1 General Pipe Installation .................................................................................. 9 III.F.2 Trench Dewatering ........................................................................................ 10

III.G BACKFILLING .......................................................................................................... 10 III.G.1 General ......................................................................................................... 10 III.G.2 Trench Breakers (Trench Plugs) .................................................................. 11 III.H GRADING, CLEANUP, RESTORATION, AND STABILIZATION ...................... 11

III.H.1 Final Grading ................................................................................................. 11 III.H.2 Permanent Slope Breakers ............................................................................. 11 III.H.3 Restoration ..................................................................................................... 12 III.H.4 Temporary Stabilization Measures ................................................................ 12

III.I PRESSURE TESTING ............................................................................................... 12 IV. WATERBODY CROSSINGS ................................................................................................ 13

IV.A GENERAL .................................................................................................................. 13 IV.B EQUIPMENT CROSSINGS ...................................................................................... 14 IV.C CLEARING ................................................................................................................ 14 IV.D GRADING .................................................................................................................. 14 IV.E BLASTING ................................................................................................................. 14 IV.E.1 Notifications .................................................................................................. 14 IV.E.2 Procedures ..................................................................................................... 14 IV.F RESTORATION ......................................................................................................... 15 IV.F.1 General .......................................................................................................... 15 IV.F.2 Non-Vegetative Bank Stabilization ............................................................... 15

V. WETLAND CROSSINGS ....................................................................................................... 16

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Millennium Pipeline Company, L.L.C. iv Hancock Compressor Project

V.A GENERAL .................................................................................................................. 16 V.A.1 Pre-Construction Surveys and Wetland Flagging ........................................... 16

V.B CONSTRUCTION TECHNIQUES ............................................................................ 16 V.C CLEARING ................................................................................................................ 16 V.D GRADING .................................................................................................................. 17 V.E BLASTING ................................................................................................................. 17 V.F RESTORATION ......................................................................................................... 17

VI. MAINTENANCE ................................................................................................................... 18 VI.A GENERAL .................................................................................................................. 18 VI.B UPLAND AREAS ...................................................................................................... 18 VI.C WATERBODIES, WETLANDS, AND ENVIRONMENTALLY SENSITIVE

AREAS ....................................................................................................................... 19

LIST OF TABLES Table 2a Seed Mix Requirements for CWA and Waterbody Crossings .................................... 22 Table 2b Seed Mix Requirements for Temporary Stabilization ................................................ 22 Table 2c Seed Mix Requirements in Wetlands .......................................................................... 22

ATTACHMENTS Attachment A SPILL PREVENTION, CONTAINMENT AND CONTROL PLAN Attachment B TYPICAL FIGURES

Figure 1 - Typical Upland Pipeline Construction Sequence Figure 2 - Typical Upland Construction Work Area Figure 3 - Temporary Construction Gate Figure 4 - Typical Topsoil Conservation in Residential Areas Figure 5 - Temporary and Permanent Interceptor Diversions (3 sheets) Figure 6 - Sediment Filter Device - Silt Fencing Figure 7 - Sediment Filter Device - Staked Bales Figure 8 - Temporary Road Entrance - Rock Pads Figure 9 - Ground/Rock Temporary Driveway from Public Roads Figure 10 - Typical Erosion Control Measures at Road Crossings Figure 11 - Temporary Trench Breakers Figure 12 - Permanent Trench Breakers (2 sheets) Figure 13 - Sediment Traps (4 sheets, including for trench and hydrostatic test dewatering) Figure 14 - Biodegradable Erosion Control Blanket Figure 15 - Typical Topsoil Conservation in Agricultural Land Figure 16 - Field Tile Replacement Methods (2 sheets) Figure 17 - Typical Agricultural Land Cross Section Figure 18 - Typical Stream Crossing - Dry-Ditch (Flume) Figure 19 - Typical Stream Crossing - Dry-Ditch (Dam and Pump) Figure 20 - Typical Stream Crossing - Wet-Ditch Figure 21 - Typical Stream Crossing - Intermittent Streams Figure 22 - Temporary Equipment Crossing - Culvert and Stone Figure 23 - Temporary Equipment Crossing - Equipment Pads Figure 24 - Typical Wetland Crossing

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Millennium Pipeline Company, L.L.C. v Hancock Compressor Project

Figure 25 - Typical Forested Wetland Planting Figure 26 - Right-of-Way Maintenance - Wetlands Figure 27 - Right-of-Way Maintenance - Perennial Streams Figure 28 - Right-of-Way Maintenance - Environmentally Sensitive Areas

Attachment C FEDERAL ENERGY REGULATORY COMMISSION UPLAND EROSION

CONTROL, RE-VEGETATION AND MAINTENANCE PLAN, AND THE WETLAND AND WATERBODY CONSTRUCTION AND MITIGATION PROCEDURES

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Millennium Pipeline Company, L.L.C. 1 Hancock Compressor Project

I. INTRODUCTION

In constructing and operating its Hancock Compressor Project (Project), the Millennium Pipeline Company, L.L.C. (Millennium) is committed to complying with applicable environmental rules and regulations, including the Project-specific requirements contained in the approvals issued by the Federal Energy Regulatory Commission (Commission) and the New York State Department of Environmental Conservation (NYSDEC); these are collectively referred to as the “Environmental Requirements”. It is Millennium’s policy that the Project construction, operation, and maintenance activities be conducted in a safe manner that minimizes adverse effects on the environment. To this end, Millennium has prepared these Project-specific 2012 Environmental Construction Standards (ECS). In doing so, Millennium has incorporated the Commission’s “Upland Erosion Control, Revegetation, and Maintenance Plan” (Plan) and “Wetland and Waterbody Construction and Mitigation Procedures” (Procedures) (January 17, 2003). (Attachment C) The ECS compiles the Environmental Requirements specific to each Project construction task in an organized format. This format is designed to facilitate the use of the ECS, along with Millennium’s Construction design drawings, in the field during construction. It is anticipated that the ECS will be used by Millennium’s Environmental Inspector (EI), other inspectors, and the construction contractors. The ECS represents the procedures that are to be followed to maintain compliance with Project regulatory requirements during typical construction activities. However, in addition to the ECS, Millennium has developed separate construction plans or environmental mitigation measures for the protection of known or potential environmental and cultural resources (inadvertent discovery of archaeological resources).

During construction, site-specific modifications to the ECS procedures may be required in response to field conditions. However, any such modifications must be to achieve the same level of environmental protection as detailed in the ECS and must be documented by the Millennium EI in his/her daily environmental report.

The ECS is organized as follows:

Section II discusses Supervision and Inspection.

Section III addresses standards for general construction in upland areas.

Sections IV and V discuss the standards for crossings of streams and wetlands, respectively.

Section VI reviews maintenance and monitoring procedures to be implemented after the completion of pipeline construction.

Attachments to the ECS include:

Millennium’s Spill Prevention, Containment, and Control Plan (Attachment A).

Millennium’s typical construction figures (Attachment B).

Copies of the Commission standard Plans and Procedures for uplands and water resources (Attachment C).

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II. SUPERVISION AND INSPECTION

Millennium will use at least one EI for construction of the Project. Millennium will conduct training to ensure that the EI will be able to carry out the duties as described in this document and that construction activities will be in compliance with requirements of applicable Federal and state environmental permits and approvals. The EI will review all Project documents (i.e., permits, site plans, aerial photography, relevant plans) prior to construction. The EI will have peer status with all other activity inspectors. The EI will have the authority to stop activities that violate the conditions of Federal or state permit conditions and to order appropriate corrective action. At a minimum, the EI will be responsible for:

Ensuring compliance with the requirements of the ECS, the environmental conditions of Federal and state environmental permit conditions, and the mitigation measures proposed by Millennium.

Identifying, documenting, and overseeing corrective actions, as necessary to bring an activity back into compliance.

Verifying that the limits of authorized construction work areas and locations of the access driveway are properly marked before clearing.

Verifying the location of signs and highly visible flagging marking the boundaries of sensitive resource areas, waterbodies, wetlands, or areas with special requirements along the construction work area.

Identifying erosion/sediment control and soil stabilization needs in all areas.

Ensuring that the location of dewatering structures and slope breakers will not direct water into known cultural resources sites or locations of sensitive species.

Verifying that trench dewatering activities do not result in the deposition of sand, silt, and/or sediment near the point of discharge into a wetland or waterbody. If such deposition is occurring, the dewatering activity shall be stopped and the design of the discharge shall be changed to prevent reoccurrence.

Advising the Chief Inspector when conditions (such as wet weather) make it advisable to restrict construction activities to avoid excessive rutting.

Determining the need for and ensuring that erosion controls are properly installed, as necessary to prevent sediment flow into wetlands, waterbodies, sensitive areas, and onto roads.

Inspecting and ensuring the maintenance of temporary erosion control measures at least:

o on a daily basis in areas of active construction or equipment operation, o on a weekly basis in areas with no construction or equipment operation, o within 24 hours of each 0.5 inch of rainfall.

Ensuring the repair of all ineffective temporary erosion control measures within 24 hours of

identification.

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Keeping records of compliance with the environmental conditions of Federal and state permits, and the mitigation measures proposed by Millennium during active construction and restoration.

Identifying areas that should be given special attention to ensure stabilization and restoration after the construction phase.

III. CONSTRUCTION PROCEDURES

III.A GENERAL

The Project will be constructed in compliance with applicable Federal regulations and guidelines, and the specific requirements of the necessary permits. Key guidelines and Federal requirements include:

Millennium’s Construction Specifications and Procedures 18 CFR Part 380 – Guidelines to be Followed by Natural Gas Pipeline Companies in the

Planning, Clearing and Maintenance of Right-of-Way and the Construction of Aboveground Facilities.

49 CFR Part 192 – Transportation of Natural Gas and Other Gas by Pipeline: Minimum Federal Safety Standards.

Pipeline Pipeline work is limited to the installation of suction and discharge piping to connect the Hancock Compressor Station to Millennium’s existing mainline. This work is appurtenant to the construction of the new compressor station and thus the construction procedures are discussed below. Aboveground Facilities The compressor station facility will be constructed in compliance with Federal regulations and guidelines, and in accordance with the specific requirements of applicable Federal and state approvals. The construction and restoration methods in the Commission’s Plan and Procedures will be followed, as applicable. Generally, facilities are sited to avoid cultural and natural resource impacts to the extent practicable. The following is a brief description of the typical construction sequence for the facilities. Construction is performed with different construction crews performing various construction techniques in an efficient, planned sequence, within a pre-defined work space, referred to as the facilities or Construction Work Area (CWA). These techniques are required for the installation of the facilities safely and reliably, in accordance with the requirements and regulations of the U.S. Department of Transportation and the Occupational Safety and Health Administration. Construction activities typically involve the following activities:

Preconstruction activities (e.g., surveying and staking the CWA boundaries, flagging or otherwise delineating environmental features, installing signs)

Clearing

Grading

Erosion Control Procedures

Pipe Supports and Foundations

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Structures and Machinery

Piping

Infrastructure Facilities

Control Checkout and Engine Startup

Final restoration and clean-up

Specific standards for crossings of streams and wetlands are included in ECS Sections IV and V, respectively.

III.B APPROVED AREAS OF DISTURBANCE

III.B.1 Project Site

Millennium is proposing to construct the new Hancock Compressor Station on a 10.77-acre parcel that is owned by Millennium and located at 1579 Hungry Hill Road in the Town of Hancock, Delaware County, New York. The existing Millennium mainline crosses the site.

III.B.2 Access Driveway

To access the site, an existing access driveway will be upgraded and used. Such improvements will include activities such as vegetation clearing as needed, grading, adding gravel or other stabilization, installing a culvert, and final paving. The access driveway is shown on the site drawing and will be marked in the field.

The following applies to the access driveway:

The access driveway will be 16 feet wide paved (travel lane), with additional width at the intersection with Hungry Hill Road.

The access driveway will be permanent (used during and after construction for operation and maintenance of the Project facilities).

The access driveway development (e.g., grading, clearing, stabilization, erosion and sedimentation control measures) will be in accordance with standard environmental requirements. Roadbed stabilization may include the addition of gravel or mulch/wood chips (e.g., an erosion control mix type provided the road bed is not within 50 feet of waterbodies or wetlands), based on site-specific conditions and the recommendations of Millennium’s inspectors.

Safe and accessible conditions will be maintained at the driveway access point during construction and restoration.

The access driveway gradient will follow the local topography to the extent practical. Erosion and sediment control devices will be installed as needed.

The access driveway will cross a stream as close as possible to a right angle. Culverts will be sized and placed to permit water flow under the driveway.

III.B.3 Contractor Wareyard

During construction of the Project, Millennium anticipates using the proposed site for both the contractor wareyard and temporary storage of equipment/materials. Due to the limited

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size of the subject property, Millennium may have to rent additional off-site space to be used as temporary workspace.

III.B.4 Exceptions and Modifications

a. Additional access roads may not be utilized without first obtaining the approval of the Commission (if no water resources are involved) or other appropriate regulatory bodies if water resources are involved.

b. Additional contractor wareyards may not be utilized, and existing yards cannot be expanded, without first obtaining the approval of the Commission (if no water resources are involved) or other appropriate regulatory bodies if water resources are involved.

III.C CLEARING

The CWA will be cleared to the dimensions specified on the site plan. The following procedures will be used during clearing:

1. Before commencing vegetation removal, the limits of the CWA will be established in the field by flagging or staking, per the site plan.

2. Any trees to be saved will be clearly marked or otherwise protected.

3. All clearing activities will be confined to the limits of the CWA.

4. During clearing operations, brush and trees will be felled into the CWA where practical, to

minimize the potential for damage to off-CWA areas.

5. The clearing crew and related equipment, as well as equipment necessary for the installation of the access driveway, will be permitted a single pass through the stream prior to equipment crossing installation. (Commission Procedures, Section V.B.5, p. 7)

III.C.1 Wood Products and Materials

1. All woody materials, including stumps, may be removed from the CWA, or chipped/mulched on the CWA. If chipped/mulched, such materials may be given away, buried, or thinly spread across the CWA as described in Section II.C.2.

III.C.2 Brush

All cleared brush will be disposed by one of the following methods:

1. Brush may be piled just off the CWA in upland areas, but not within 50 feet of streams or wetlands. Equipment used to stack the brush will not leave the CWA. Brush piles will be constructed a maximum of approximately 12 feet wide and compacted to approximately 4 feet high, with periodic breaks at a minimum of approximately every 200 feet to permit wildlife travel.

2. Brush may be hauled off the CWA to an approved disposal site.

3. Brush may be chipped or mulched. Chips/mulch will be given away, buried, or during

construction thinly spread (an approximately 2” thick layer) over the CWA or piled off the CWA except within 50 feet of streams or wetlands.

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III.C.3 Temporary Erosion and Sediment Control Installation

Temporary erosion and sediment controls will be installed promptly following or in conjunction with the initial disturbance of soils (refer to Commission Plan, Section IV.F., p. 8). As a result, controls will be installed during both clearing and grading, as appropriate.

1. Erosion and sediment controls will be deployed:

At the base of slopes adjacent to stream and wetland crossings.

As required by site-specific conditions, identified by the EI.

2. Hay or straw bales used on equipment bridges or on mats across the equipment travel lane

will not be staked or trenched in place.

3. Temporary erosion and sediment control devices will be inspected according to the following schedule:

Daily in areas of active construction or equipment operation.

Weekly in areas with no construction or equipment operation.

Within 24 hours following a storm event of 0.5” or more of rainfall. (Refer to Commission Plan, Section II.B.13, p. 3) Any controls requiring maintenance will be promptly reported to the Contractor (verbally and/or via a daily punch list).

NOTE: If temporary erosion controls must be maintained over winter, inspections and maintenance activities will be suspended during frozen conditions. Such inspections will resume as soon as runoff occurs or prior to the re-commencement of construction, whichever comes first.

4. Temporary erosion and sediment controls will be maintained until permanent revegetation is successful or the upland areas adjacent to waterbodies, wetlands, and roads are otherwise stabilized.

During clearing and all other construction work, the CWA will be kept clean of all rubbish and debris resulting from the work. Non-hazardous materials and waste will be disposed in an approved landfill. Hazardous materials and waste will be disposed in accordance with all applicable Millennium policies and Federal, state, and local regulations.

III.D. GRADING

Grading is necessary to provide a smooth and level surface for the safe operation of the heavy equipment involved in Project construction. Grading will be the minimum amount necessary and includes prompt installation of erosion control devices, such as interceptor diversions, sediment filter devices, and equipment crossings at streams to minimize soil loss and subsequent sedimentation.

III.D.1 Grading Near Watercourses

Within 25 feet of the edge of a watercourse, initial grading will be limited to the areas required to install construction equipment crossings and any associated temporary work space.

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III.D.2 Tree Stump and Rock Removal/Disposal

Tree Stumps

Tree stumps may be removed within the CWA to allow adequate and safe clearance for construction equipment and other vehicles. Tree stumps may be removed and chipped or mulched as part of the clearing operation, depending on the capacity of the clearing and chipping/mulching equipment (refer to Section II.C.1). Options for stump disposal are as follows:

Buried within the CWA except in water resource/wetland areas and not within the area of the permanent facility.

Chipped and/or mulched per Section II.C.1.

For erosion control purposes in certain areas (e.g., steep slopes along the edge of the CWA adjacent to roads), cut flush with the ground using a stump grinder or equivalent.

Hauled from the CWA and disposed in an approved landfill or other suitable area. Rock Rock (including blast rock) will be disposed as follows:

Buried within the CWA, including for use in fill during grade cut restoration.

Windrowed along the edge of the site.

Stored temporarily along the CWA and used as a deterrent for unauthorized use.

Removed from the CWA to an approved disposal site.

Crushed on site and then graded into the CWA as part of restoration.

NOTE: On a site-specific basis, mulch, rock, and stumps may also be buried within the CWA in

deep side hill cuts, as part of the restoration of such areas.

III.D.3 Erosion Control Devices Installed During Grading

Temporary erosion and sediment controls will be installed immediately after the initial disturbance of soils (refer to Commission’s Plan, Section IV.F, p. 8). Such controls may involve hay or straw bales, silt fence, compacted earth, ground up (chipped/mulched) woody material, or sand bags, as well as drivable berms across travel lanes within the CWA), etc. (refer to Figures 5, 6, and 7). Temporary erosion controls must be properly maintained throughout construction (on a daily basis) and reinstalled as necessary (such as after backfilling of the trench) until replaced by permanent erosion controls or restoration is complete. (Refer to Commission’s Plan, Section IV.F, pp. 8-9) 1. Temporary Slope Breakers

a. Temporary slope breakers are intended to reduce runoff velocity and divert water off the construction right-of-way. Temporary slope breakers may be constructed of materials such as soil, silt fence, staked hay or straw bales, or sand bags.

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b. Install temporary slope breakers as necessary to avoid excessive erosion. Temporary slope breakers must be installed on slopes greater than 5 percent where the base of the slope is less than 50 feet from waterbody, wetland, and road crossings at the following spacing (closer spacing should be used if necessary):

Slope (%) Spacing (feet)

5 - 15 300 >15 - 30 200

>30 100

c. Direct the outfall of each temporary slope breaker to a stable, well vegetated area or construct an energy-dissipating device at the end of the slope breaker and off the CWA.

d. Position the outfall of each temporary slope breaker to prevent sediment discharge into

wetlands, waterbodies, or other sensitive resources. 2. Sediment Barriers

a. Sediment barriers are intended to stop the flow of sediments and to prevent the deposition of sediments into sensitive resources. They may be constructed of materials such as silt fence, staked hay or straw bales, compacted earth (e.g., drivable berms across travelways), sand bags, or other appropriate materials.

b. At a minimum, install and maintain temporary sediment barriers at the base of slopes greater

than 5% where the base of the slope is less than 50 feet from a waterbody, wetland, or road crossing until revegetation is successful as defined in the Commission requirements. Leave adequate room between the base of the slope and the sediment barrier to accommodate ponding of water and sediment deposition.

c. Where wetlands or waterbodies are adjacent to and downslope of construction work areas,

install sediment barriers along the edge of these areas, as necessary to prevent sediment flow into the wetland or waterbody.

Such controls will be maintained until replaced by permanent erosion controls or sites are determined to be stabilized and restoration complete.

III.D.4 Temporary Road Entrances

Where the CWA intersects public roads, temporary road entrances will be installed as shown on Figure 9. Temporary road entrances will be maintained to promote safe conditions and to prevent or minimize construction equipment tracking of soil or mud onto public roads. If mud and/or soil is tracked onto public roads from the CWA, the tracked material will be swept, shoveled, or scraped as necessary to keep the road surface safe for motorists.

III.E TRENCHING

III.E.1 General Specifications

The trench will be excavated to a depth sufficient to install footings and to provide for the burial of the piping with the cover required by U.S. DOT requirements.

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Generally, the trench will not remain open for more than 30 days, except at tie-in and pressure test locations, unless authorized by the EI. When the trench must remain open for a greater length of time (i.e. pressure test locations), appropriate erosion controls and safety measures will be employed as directed by the EI. Spoil piles from trench excavation (or other CWA grading) must be placed at least 50 feet upgradient from the edge of waterbodies. Spoil piles must be contained with erosion and sediment controls to prevent spoil or silt-laden water from entering waterbodies or wetlands. Excess material from trench excavation (or other construction activity), will be stored in uplands and stabilized to prevent runoff into wetlands or watercourses.

III.E.2 Blasting

All drilling and blasting will be conducted in a cautious manner and suitable precautions will be taken to avoid injury or damage to persons, livestock, or other property. Adjacent landowners will be given timely notice (1 week’s notice with at least 1 day confirming notice) prior to blasting. Millennium will hire an independent contractor to perform pre- and post-blast structural inspections and seismographic monitoring, if necessary.

III.E.3 Temporary Trench Plugs

Temporary trench plugs are in-trench barriers that typically consist of sand bags or compacted subsoil (referred to as “soft plugs”), or unexcavated portions of the trench (referred to as “hard plugs”). Such temporary plugs serve to segment an area of open trench, thereby reducing erosion and sedimentation down the trench and assisting in reducing dewatering issues at the base of slopes where water resources are often found. Trench plugs will be installed as deemed appropriate by the EI.

III.E.4 Temporary Construction Access over the Trench

Where access across the trenchline is required, temporary facilities such as trench plugs, timber mats, or steel plates will be constructed or installed to permit safe crossing of vehicles, equipment and persons from one side of the trench to the other. Safety fencing (or equivalent) may be installed along both sides of the trench as necessary to block entry to the trench area except at the temporary access point.

III.F PIPE INSTALLATION AND TRENCH DEWATERING

III.F.1 General Pipe Installation

Pipe installation activities include stringing and bending; welding and weld inspection, and pipe lowering-in. After the trench is excavated, pipe sections will be delivered to the CWA and strung adjacent to the trench. Pipe sections will be bent where necessary to fit the contours of the trench, aligned, and welded together. The welded joints will be field-coated while the pipe is strung on supports (skids), and welds will be radiographed.

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Lowering-in involves placing the completed pipe sections in the trench, where a tie-in weld will be made. Before the pipe is lowered- in, the trench will be dewatered, cleaned of debris, and padded as necessary.

III.F.2 Trench Dewatering

Trench dewatering will be performed as required to remove accumulated water from the trench (or other pipe excavations) prior to and after the installation of the pipe or footers. Any dewatering, either on or off the CWA, will be conducted so as not to discharge any heavily silt-laden water from the trench directly into wetlands or waterbodies. (refer to Commission Procedures, Sections V.B.11, p. 12 and VI.B.4, p. 19) If necessary to pump water from the trench, the water will be pumped into one of the following:

A non-environmentally sensitive, heavily vegetated upland area;

A sediment trap as illustrated in Figure 13; or

Through a sediment filter or energy dissipating device, as illustrated in Figures 6 and 7, that is placed at least 50 feet from any stream or wetland.

If dewatering/discharge activities must be located off the CWA, locations will be selected that minimize impacts, including impacts to sensitive resources. If possible, the intakes of hoses used to pump water from the trench will be elevated and may be screened to minimize the amount of sediment carried in the discharge. Dewatering devices or structures will be removed after the completion of all dewatering activities in an area.

III.G BACKFILLING

III.G.1 General

Backfilling will follow the lowering-in of the piping as close as practical. Backfill will consist of the material removed from the trench or other fill material brought to the site if the existing trench spoil is not suitable for use as backfill. Where the trench bottom is irregularly shaped (e.g., due to rock) or excavated spoil is not suitable for use as backfill around the pipe, padding (typically consisting of sand or screened spoil from the excavation) may be required.

Soil that has been excavated during construction and not used for backfill will be evenly spread over upland areas of the CWA or removed from the site and properly disposed in an upland area.

All waste materials (e.g., barrels, cans, drums, stumps, coating and wrap, rubbish, or other refuse) will not be placed in the trench and will be removed from the CWA.

Excess rock, including blast rock, may be used to backfill the trench to the top of the existing bedrock profile once the pipe is properly padded.

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III.G.2 Trench Breakers (Trench Plugs)

Trench breakers (refer to Figure 12) will be installed in the trench to slow the flow of subsurface water along the ditch. Trench breakers will be constructed with sand bags or equivalent.

An engineer or similarly qualified professional will determine the need for and spacing of trench breakers; otherwise, trench breakers will be installed at the same spacing as and upslope of permanent slope breakers (refer to Section II.H).

Trench breakers will be installed at the base of slopes greater than 5% where the base of the slope is less than 50 feet from a waterbody or wetland and where needed to avoid draining a waterbody or wetland.

III.H GRADING, CLEANUP, RESTORATION AND STABILIZATION

Restoration of the CWA begins with rough grading, which will commence promptly after or in conjunction with backfilling. Thereafter, disturbed areas along the CWA will be stabilized either by:

Final grading and restoration; or

Temporary stabilization measures to prevent erosion and sedimentation until final grading and restoration can be completed.

All construction debris (e.g., used wetland filter bags, skids, trash) will be removed from the CWA.

III.H.1 Final Grading

Reasonable efforts will be made to complete final grading and installation of permanent erosion control devices within 20 days of backfilling the trench. If related construction in the area or seasonal or other weather or soil conditions prevent compliance with these time frames, temporary erosion controls (e.g., temporary slope breakers, silt fence/hay (straw) bale erosion/sediment controls) will be maintained until conditions do allow final grading and restoration. (refer to Commission Procedures, Section V.A.1, p. 11)

In preparation for reseeding, the CWA will be re-graded as shown on the site plan.

In no case will final grading be delayed beyond the end of the next recommended seeding season.

If final grade can be established, but conditions are not ideal for permanent seeding, temporary stabilization measures (including temporary seeding) will be applied; the concurrent application of final seed mix and mulch (as provided in Table 2a) also may be considered, with the understanding that subsequent restoration will be required in the following growing season if the revegetation effort is not successful.

III.H.2 Permanent Slope Breakers

Permanent slope breakers (also referred to as interceptor dikes) are intended to reduce runoff velocity, divert water off the CWA, and prevent sediment deposition into wetlands and streams. Slope breakers will be constructed and spaced in accordance with Commission requirements:

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Breakers will be constructed and maintained along the CWA per the following spacing:

Slope (%) Spacing (feet) 5 - 15 300

>15 - 30 200 >30 100

Slope breakers will be constructed to divert the surface flow to a stable area or if no such area

is available, an energy-dissipating device will be installed at the end of the breaker.

Slope breakers may extend slightly off the CWA (e.g., about 4 feet).

III.H.3 Restoration

Restoration will begin after final grading, weather and soil conditions permitting. Steep slopes will be restored immediately after final grading, weather permitting, or otherwise stabilized. Figure 14 illustrates the typical installation of biodegradable erosion control netting/matting for stabilization of steep slopes.

ALL EROSION CONTROL MATTING/NETTING MUST BE MADE FROM BIODEGRADABLE MATERIALS IF INTENDED TO BE LEFT IN PLACE

PERMANENTLY. The typical application rates for seed and mulch are listed in Tables 2a and 2b. The seed will be uniformly applied and covered in accordance with the written recommendations of the local soil conservation authorities.

III.H.4 Temporary Stabilization Measures

When the EI determines that temporary stabilization measures are required, they will be completed as soon as possible. Seeding and mulching application rates will be as shown in Table 2b. Consideration will be given to the following when determining if temporary stabilization measures are to be implemented:

Anticipated weather conditions; and

Resources on and off the CWA to be protected. If temporary stabilization measures are utilized, final grading and/or restoration will commence once weather and soil conditions permit. Mulch will be applied in accordance with the specifications outlined in this section except when mulching before seeding. The mulch application on all 8% or greater slopes within 100 feet of waterbodies and wetlands will be at a rate of 3 tons/acre.

III.I PRESSURE TESTING

The compressor station piping will be pressure tested in accordance with U.S. Department of Transportation (USDOT) 49 Code of Federal Regulations (CFR) Part 192 requirements to ensure its integrity for the intended service and operating pressures. The compressor station piping will be tested with water, air or inert gas. Test pressure will be obtained by adding the appropriate testing medium to the test section with a high-pressure pump.

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If water is used, it will be sourced and discharged according to applicable permits and authorizations. At the completion of the hydrostatic test, the pressure is relieved and the water is removed from the test section. If necessary, additional drying may be performed to remove any residual water from the pipeline. Hydrostatic test water will be obtained from off-site sources and delivered to the site in tanker trucks. All hydrostatic test discharge activities will be performed in accordance with the Commission Plan and Procedures and applicable permit requirements. Test Water Discharge Hydrostatic test water will be discharged in a manner that minimizes erosion. (refer to Commission Procedures Section VII.C.1, p. 22) The discharge rate of the released test water will be regulated by using energy dissipation devices and/or sediment barriers to prevent erosion, streambed scour, suspension of sediments, or excessive stream flow. Water will be discharged as follows:

Into a well-vegetated upland

Into a transport trailer tank

Into a tank(s) or holding pond if public water supplies are used

Through sediment filter devices or a sediment trap During the discharge, the EI will ensure that erosion and sedimentation are properly controlled. Methanol may be injected, after discharging the water, to dry the pipe. Excess methanol will be collected from the facility and disposed of in accordance with applicable state and local regulations.

IV. WATERBODY CROSSINGS

IV.A GENERAL

The main objective of any waterbody crossing is to complete the work in a manner that minimizes erosion and subsequent sedimentation into the waterbody. The following general procedures will apply to the access driveway crossing of the intermittent stream:

The EI will conduct pre-construction walkovers of the CWA to identify the stream crossing boundaries.

The stream crossing will be photo-documented before the commencement of construction.

The access driveway crossing will be constructed as close as possible to a right angle with the stream channel.

Adequate downstream flow rates will be maintained at all times to protect aquatic life and prevent the interruption of existing downstream uses.

Standards relating to spill prevention at waterbodies are contained in Millennium’s Spill Prevention, Containment and Control Plan (included in Attachment A to this ECS).

Where the stream is adjacent to the CWA, sediment barriers will be installed along the edge of the CWA as necessary to contain spoil and sediment.

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Millennium will monitor the status of the access driveway crossing and will have adequate staff and equipment available to prevent or avoid adverse environmental effects.

Spill response materials will be available at the access driveway crossing site and no equipment will be serviced and no petroleum products stored within 100 feet of any waterbody except under special circumstances as described in the Spill Containment and Control Plan (refer to Attachment A).

Under normal conditions, all in-stream construction will be accomplished within the time frames established in Millennium’s plans.

IV.B EQUIPMENT CROSSINGS

Equipment bridges will not be required at the intermittent stream.

IV.C CLEARING

Clearing of stream bank vegetation will be limited to the area of the access driveway. If extra work space is needed, it will be as specified on the site plans or otherwise setback at least 25 feet from the stream bank to minimize riparian vegetation disturbance. All cleared materials will be disposed at least 50 feet from the water’s edge.

IV.D GRADING

Grading equipment will not enter the stream to grade the banks. Stream banks will be graded only where, and as much as, necessary to permit safe and efficient operation of construction equipment. Initial grading within 25 feet of the water’s edge will be limited to only the area needed to install the access driveway and any associated temporary work space. During grading operations, sediment filter devices will be installed promptly as close to the water as practical. All disturbed areas within 50 feet of the water’s edge will be promptly mulched. The mulch will be maintained until the waterbody crossing restoration is complete. Spoil from CWA grading will be piled at least 25 feet from the water’s edge and immediately protected with sediment filter/erosion control devices to avoid or minimize the potential for erosion into the waterbody.

IV.E BLASTING

IV.E.1 Notifications

Millennium will comply with the notifications required under all local blasting permits.

IV.E.2 Procedures

During the pre-planning of the access driveway across the intermittent stream, an evaluation (usually test pits dug with a backhoe) will be made concerning the need for blasting. If the evaluation is inconclusive, the stream bed will be tested for consolidated rock prior to trenching. If the stream bottom is consolidated rock, it can be drilled and shot at any time prior to commencing construction of the access driveway. However, removal of shot rock, and any additional drilling,

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shooting, and material removal, will be completed within the minimum number of consecutive calendar days practical. Blasting will be supervised by a blasting consultant and will be performed so as to avoid the permanent deposition of shot rock in wetlands. Millennium will verify that no water birds (i.e., waterfowl, shorebirds, or wading birds) are within 500 feet on any waterbody or wetland prior to blasting. The sediment filter devices across the CWA at the access driveway will be promptly reinstalled after installation.

IV.F RESTORATION

IV.F.1 General

With the exception of the areas required for the permanent access driveway:

Stream beds will be restored to pre-existing contours; and

Stream banks and adjacent areas will be rough graded to a distance of 25 feet from the ordinary high water mark. As part of stabilization, temporary sediment and erosion control measures will be installed or re-installed.

Asphaltic emulsions will not be used to stabilize mulch within 100 feet of waterbodies. Liquid mulch binders will not be used within 100 feet of waterbodies. Replacement of stream banks will be at the approximate original contour. If the stream banks are such that an unstable final soil grade could result and vegetative stabilization would be inadequate, the EI will require mechanical stabilization of the stream banks. Mechanical stabilization typically may include native stone, riprap, biodegradable jute netting, etc. Temporarily disturbed riparian areas will be revegetated with conservation grasses and legumes or native plant species.

IV.F.2 Non-Vegetative Bank Stabilization

If non-vegetative bank stabilization measures are required immediately adjacent to the access driveway culvert, the first preference will be to use native rocks or boulders from the CWA. The objective is to stabilize the stream banks while matching pre-construction and off-CWA conditions to the extent practical. If used, riprap will only be placed on stream banks and will be large enough to prevent normal waterbody current from moving it. The need for and installation of non-native riprap will be coordinated with the EI. Biodegradable erosion control fabric will be installed as needed, on the stream banks at the time of final bank recontouring. Once permanent revegetation is successful, sediment and erosion control devices will be removed from the CWA and properly disposed. Any excess spoil material not taken off site to an approved location will be disposed in an upland area and adequately stabilized to prevent return flow or sedimentation to wetlands or other waterbodies.

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V. WETLAND CROSSINGS

V.A GENERAL

The main objective of any wetland crossing is to minimize construction-related disturbance.

V.A.1 Pre-Construction Surveys and Wetland Flagging

The EI will mark wetland boundaries in the field prior to the initiation of clearing and construction. Boundary markings will consist of signs. The EI will maintain these field markings during construction. The CWA will be limited to the width as shown on the site plans in wetlands unless topography or soil limitations require additional area, which must be approved by the Commission and any other regulatory agency with jurisdiction over the affected wetland.

V.B CONSTRUCTION TECHNIQUES

Approximately 0.3 acres of wetlands will be permanently impacted as a result of the installation of a paved access driveway with a culvert. Temporary wetland impacts may include soil disturbance, temporary alteration of hydrology and loss of vegetation during construction. Wetland areas adjacent to the access driveway will be restored and will be allowed to regenerate to pre-construction conditions. Millennium will protect and minimize potential adverse impacts on wetlands as follows:

limiting the amount of equipment and construction activities within wetlands to minimize soil disturbance;

installation of erosion and sediment control barriers;

stabilizing upland areas near wetlands with erosion control measures and vegetative cover as soon as practicable;

inspecting the disturbed site periodically during and after construction and repairing any erosion control or restoration features as needed until permanent revegetation is successful.

Mulch will not be used as a temporary erosion control measure in wetlands. Standards relating to spill prevention at wetlands are contained in Millennium’s Spill Prevention, Containment and Control Plan. Spill response materials will be available at wetland crossings, and no equipment will be serviced and no petroleum products stored within 100 feet of a wetland except under special circumstances as described in the Spill Containment and Control Plan (refer to Attachment A). (Refer to Commission Procedures, Section IV.A, pp. 3-5.) Concrete coating activities will not take place within 100 feet of any wetland.

V.C CLEARING

Tree and brush clearing in wetlands will be performed so that vegetation will be cut off at ground level, leaving the existing root systems in place where practical. Tree stumps will be removed in areas to receive fill. All cut vegetation will be removed from the wetland for disposal. Chipping or mulching of slash, brush, or other woody materials in wetlands is prohibited, as is burning of such materials.

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Slash, brush, or cleared timber will not be buried, windrowed, or stacked in wetlands or other waterbodies.

V.D GRADING

Grading in wetlands will consist of the minimum necessary for safe and efficient construction of the access driveway.

Stumps will be removed within the area required for the access driveway to create a safe and level equipment access/work area and areas to receive fill.1

No grading or removal of stumps or root systems from the rest of the CWA in wetlands will occur unless the Chief Inspector and EI determine that safety-related construction constraints require removal of tree stumps.

No tree stumps, rock, soil imported from outside the wetland, or brush will be used to stabilize the CWA or as equipment pads in wetlands.

Where wetlands are adjacent to the CWA, sediment barriers will be installed along the edge of the CWA as necessary to prevent sediment flow into the wetland. Sediment barriers will be removed only after successful CWA restoration. Sediment filter devices will be installed promptly across the CWA during grading at the wetland edge and maintained until CWA revegetation is complete. Temporary interceptor diversions will be installed adjacent to wetlands.

V.E BLASTING

During the pre-planning of crossing wetlands for the access driveway, an evaluation will be made concerning the need for blasting. If the evaluation is inconclusive, the wetland will be tested for consolidated rock prior to access driveway installation. If the wetland has consolidated rock, it will be drilled and shot as part of the single construction entity. Blasting mats will be used in wetland areas (except those with standing water) during blasting operations. Blasting will be supervised by a blasting consultant and will be performed so as to avoid the permanent deposition of shot rock in wetlands. Millennium will verify that no water birds (i.e., waterfowl, shorebirds, or wading birds) are within 500 feet on any waterbody or wetland prior to blasting.

V.F RESTORATION

With the exception of the access driveway, wetland crossing areas will be restored to pre-existing contours and rough graded to a distance of 100 feet from the delineated federal jurisdictional boundary of the wetland within 48 hours of backfilling. If site-specific conditions or inclement weather do not allow such restoration within this 48-hour period, appropriate temporary erosion and sediment controls will be applied. Millennium’s EI will document the reasons for the delay and the temporary stabilization measures taken to minimize adverse effects, as well as the scheduled and actual completion of the work. Such documentation shall be provided in the EI’s daily report and conveyed to the Commission’s Compliance Monitor.

1 Stumps may be removed during clearing, depending on the type of clearing equipment used.

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Upon completion of construction of the access driveway in wetland areas with standing water or saturated soils, the wetlands will be restored to original contours and seeded with either an annual rye or native perennial seed mix (refer to Table 2c). Any seeding of the CWA in wetlands will be performed by hand. Fertilizer or lime will not be used in wetlands.

Asphaltic emulsions will not be used to stabilize mulch within 100 feet of wetlands.

Liquid mulch binders will not be used within 100 feet of wetlands.

When permanent revegetation is successful and restoration work is complete, all remaining sediment filter devices including silt fence fabric materials including fragments of fabric material, other construction debris, and remaining hay bales will be removed from the CWA and properly disposed.

VI. MAINTENANCE

VI.A GENERAL

Maintenance activities will be performed with emphasis on preservation and enhancement of the environment. All applicable certificate and permit conditions will be incorporated into the future maintenance plan for the facility.

VI.B UPLAND AREAS

The compressor station facility will be maintained by mowing or other mechanical means. Herbicides and pesticides will not be used within 100 feet of a waterbody or wetland. Plant growth on the permanent facility site and the permanent erosion control devices will be inspected regularly and maintained for the life of the facility. Revegetation will be considered successful if perennial non-nuisance vegetation is similar in density to adjacent undisturbed land. If revegetation is not successful, the area will be restored as soon as practical. If vegetative cover and density are not similar or there are excessive noxious weeds after two full growing seasons, a professional agronomist will determine the need for additional restoration measures (such as fertilizing or reseeding). The agronomist’s recommendations will be implemented as soon as possible. Problems with drainage resulting from construction activities will be reported to the local operations supervisor. Corrective measures will be performed as needed. Erosion at the facility and access driveway will be reported to the local operations supervisor. Corrective measures will be performed as needed provided the problem resulted from construction or operation of the facility. Erosion control devices that are no longer required may be removed at the discretion of the local operations supervisor. Similarly, additional erosion control devices may be installed. All temporary sediment barriers will be maintained in place until permanent revegetation measures are successful or the upland areas adjacent to wetlands, waterbodies, or roads are stabilized. Temporary sediment barriers will be removed from an area once that area is successfully restored. Efforts to control unauthorized ORV use will continue throughout the life of the project. Signs and gates will be maintained as necessary.

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VI.C WATERBODIES, WETLANDS, AND ENVIRONMENTALLY SENSITIVE AREAS

During the operation of the pipeline system, Millennium will work cooperatively with appropriate government agencies in an effort to minimize the impacts of facility maintenance in waterbodies, wetlands, and other environmentally sensitive areas. The following procedures will be applied to ROW maintenance activities:

Vegetation maintenance will be limited adjacent to waterbodies to allow the growth of a riparian strip 25 feet wide, as measured from the waterbody’s mean high water mark. Figures 26 and 27 illustrate ROW maintenance standards near waterbodies. Figure 28 illustrates ROW maintenance standards near other environmentally sensitive areas.

Attempts will be made to prevent the invasion or spread of undesirable exotic vegetation (i.e., purple loosestrife, Japanese knotweed, and Phragmites) within wetland areas disturbed during construction. Typically, these efforts will be limited to the use of Millennium’s standard wetland construction techniques.

No herbicides or pesticides will be used in or within 100 feet of a wetland or waterbody.

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GLOSSARY AND DEFINITION OF TERMS CHIEF INSPECTOR:

The Chief Inspector reports directly to the Construction Manager and is the individual responsible for managing all inspection activities during construction. The Chief Inspector supervises a team of inspectors including clearing, grading, welding, backfilling, restoration, and environmental.

COMPLIANCE MONITOR:

Third-Party Monitor assigned by the Commission to the Project.

CWA:

The Construction Work Area includes, but is not limited to, permanent and temporary construction ROW, extra work spaces, contractor’s wareyards and access roads. The CWA is depicted on the site drawings.

ECS:

These Environmental Construction Standards

EI:

The Inspector responsible for environmental compliance. Roles and responsibilities are as defined by the Commission’s Plan.

FINAL GRADING:

Includes returning the CWA to its approximate original contour, redistributing conserved topsoil, if any, and installing final interceptor diversions.

INSPECTOR:

Any of the Chief Inspector, EI, or any other inspector assigned to an environmental task. May also refer to craft inspectors.

INTERMITTENT STREAM:

A waterbody channel that generally carries water in the Spring or immediately after a rain event; designated on topographic maps with a broken line and indicated in the Project site plan.

MILLENNIUM:

Millennium Pipeline Company, L.L.C.

NRCS:

(U.S. Department of Agriculture) Natural Resource Conservation Service

NYSDEC:

New York State Department of Environmental Conservation

ORDINARY HIGH WATER (OHW) MARK:

The term 'ordinary high water mark' means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

ORV:

Off-road vehicle.

ROW:

Right-of-way.

SEDIMENT FILTER DEVICE:

Includes properly embedded silt fence or staked straw or hay bales, as well as other erosion and sedimentation control options.

SPCC:

Spill Prevention Containment and Control Plan

STEEP SLOPE:

Typically, a slope of 33% or greater.

TEMPORARY STABILIZATION

Includes installing temporary interceptor diversions and sediment filter devices, mulching critical areas, and seeding if necessary to hold soil in place until final

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MEASURES:

grading and restoration can be accomplished.

UPLAND:

All areas that are not waterbodies, rivers, or wetlands.

WATERBODY:

Includes any natural or artificial waterbody, river, or drainage with perceptible flow at the time of crossing, and other permanent waterbodies such as ponds and lakes.

WETLAND:

An area of special concern with soils prone to holding water for long periods of time, generally also characterized by distinctive plants such as rushes, sedges, cattails, or certain shrubs/trees. Includes any area that satisfies the requirements of the current Federal methodology for identifying and delineating wetlands.

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TABLE 2a SEED MIX REQUIREMENTS FOR CWA AND WATERBODY CROSSINGS

USDA NRCS RecommendedRestoration Seed Mixtures

Seed Rate (lbs/acre)

White Clover 0.75

Creeping Red Fescue 6.00

Tall Fescue 7.00

Annual Ryegrass 5.00

Climax Timothy 3.00

Kentucky Blue Grass 2.20

TABLE 2b

SEED MIX REQUIREMENTS FOR TEMPORARY STABILIZATION

Type Rate (lbs/acre)

Seed Annual Rye 40

Mulch Hay or Straw 6000

TABLE 2c SEED MIX REQUIREMENTS IN WETLANDS

Type Rate (lbs/acre)

Seed Annual Rye* 40

* Annual Rye is used as a temporary re-vegetative measure until indigenous plants re-establish cover.

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Millennium Pipeline Company, L.L.C. A-1 Hancock Compressor Project

ATTACHMENT A

SPILL PREVENTION, CONTAINMENT AND CONTROL PLAN

APPENDIX 1-G


APPENDIX 1-G




May 2012

(Updated for 2012 Construction to Reflect Millennium’s Hancock Compressor Project)

APPENDIX 1-G


Millennium Pipeline Company, L.L.C. i Hancock Compressor Project

TABLE OF CONTENTS

Page I. INTRODUCTION .................................................................................................................. 1 II. TRAINING ............................................................................................................................. 1 III. ENVIRONMENTAL INSPECTOR REQUIREMENTS ....................................................... 1 IV. EQUIPMENT INSPECTION AND MAINTENANCE ......................................................... 2 V. FUEL AND MATERIAL STORAGE .................................................................................... 2 VI. REFUELING .......................................................................................................................... 3

VII. SPILL RESPONSE ................................................................................................................. 4 VIII. SPILL NOTIFICATION ........................................................................................................ 5

ATTACHMENTS Attachment 1 Spill Report Form Attachment 2 Notifications - Spill Response Reporting

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I. INTRODUCTION

During the construction of the Millennium Pipeline Company, L.L.C. (Millennium) Hancock Compressor Station Project (Project), all efforts will be made to prevent spills or releases of any amount of petroleum products or other polluting materials to the environment. This Spill Prevention, Containment and Control Plan (SPCC Plan) describes the measures to prevent spills and, in the event that spills occur, to control and minimize the effects of a release of petroleum products or hazardous substances. The contractor will be responsible for preparing response plans that are compliant with appropriate Federal, state and local regulations.

II. TRAINING

During the Project Environmental Awareness Training, all Millennium inspectors and construction contractor personnel will be briefed on the requirements of this SPCC Plan. Training will emphasize the following:

The contractor will ensure that all employees handling fuels and, as applicable, hazardous materials will be properly trained.

Precautionary equipment maintenance and refueling procedures are to be followed to minimize the potential for releases.

Standard operating procedures are to be followed in the event of a release, including the deployment and maintenance of spill response materials.

Standard equipment, materials and supplies are to be available for cleanup of a release.

III. ENVIRONMENTAL INSPECTOR REQUIREMENTS

Prepare a pre-job, written inventory of lubricants, fuels, and other materials, which could be accidentally discharged during construction. This information shall be supplied to the environmental inspector (EI) by the Contractor.

Consult with Millennium to determine reportable spill quantities for each material on the pre-job inventory.

Consult with Millennium to classify, in the event of an accidental release, each material on the pre-job inventory as hazardous or non-hazardous waste under RCRA regulations.

Identify and prepare, in conjunction with appropriate Millennium personnel a written inventory of approved waste transporters and disposal sites for both hazardous and non-hazardous wastes near the construction site.

Approve the Contractor’s list of equipment and spill procedures and impact minimization measures submitted.

Define the duties and coordinate the responses of all persons involved in cleaning up a spill.

Maintain, with support from Millennium, an up-to-date list of names, addresses, and phone numbers of all persons to be contacted in case of a spill.

Assure that the Contractor conducts mandatory training and instruction for spill prevention and impact minimization.

APPENDIX 1-G



IV. EQUIPMENT INSPECTION AND MAINTENANCE

The contractor will regularly inspect and maintain construction equipment.

Construction equipment will be outfitted with appropriately sized spill containment kits.

All containers, valves, piping and hoses will be examined regularly to assess general conditions and remediated as necessary.

All leaks will be promptly corrected and/or repaired.

V. FUEL AND MATERIAL STORAGE

The following procedures will be followed when storing fuels and hazardous materials to help avoid spills and minimize the impact of spills that accidentally occur:

Bulk quantities of diesel fuel, gasoline and hazardous liquids (e.g., solvents and lubricants) will be stored in the onsite contractor staging area. Adequate spill containment measures, such as containment dikes with a capacity for at least 110% of the maximum storage volume, combined with impervious lining, will be installed before fuel storage tanks are filled, and will be maintained throughout the Project. The contractor will provide Millennium’s EI with copies of the Material Safety Data Sheets (MSDS) for each hazardous material on site and will maintain such MSDSs on-site.

Lesser quantities of fuels, solvents and lubricants (e.g., motor oils, hydraulic fluid) may be stored within the construction work area (CWA) as necessary to service equipment used on the Project, provided that this storage does not conflict with other parts of this plan. Sorbent booms and clean-up kits will be kept at all storage locations. No equipment servicing or maintenance will be performed and no petroleum products will be stored within 100 feet of any watercourse or wetland.

All storage areas will be located at least 100 feet from streams, ponds or wetlands; at least 200 feet from active or private water wells; and at least 400 feet from municipal water wells.

Use of hazardous materials for equipment and vehicle maintenance will follow the same requirements specified above for equipment refueling. Impervious or sorbent materials will be placed under the work area before the work begins. Additional sorbent materials will also be readily available.

Waste materials created during maintenance (e.g., used oil) will be collected for proper disposal. All waste materials, including partially used or empty containers, discarded parts, clean-up rags and used sorbent materials, as well as discarded hazardous material containers (e.g., oil cans, grease tubes), will be collected and placed in drums for proper disposal.

All motor fuel, lube oil, chemicals and other polluting substances will be tightly sealed and clearly labeled during transportation and storage.

All equipment will be inspected daily for leaks prior to beginning work. Steps will be taken to repair leaks or remove the equipment from service, if necessary.

VI. REFUELING

Generally, fuel will be stored at the contractor staging area and as much equipment as practical will be refueled there.

Refueling equipment will be manned throughout the refueling operation.

Spill kits will be carried on all construction equipment.

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Equipment refueling will not be performed within 100 feet of any waterbody or wetland, with the following exceptions:

o Areas of rugged terrain or steep slopes where movement of equipment outside of such 100-foot buffers would cause excessive disturbance to the work area

o Areas where removing equipment from a wetland or from near a watercourse for servicing or refueling would increase adverse impacts to the wetland

o Refueling of immobile equipment.

During refueling, all necessary precautions will be taken to avoid or minimize the potential for an accidental spill. Appropriate spill kits/absorbent materials will be available at all refueling sites.

Care will be taken during refueling not to overfill or spill fuel onto the housing of equipment.

Refueling areas will be located hydraulically down gradient and outside aquifer protection areas, whenever possible, and if located within an aquifer protection area, the refueling area will be lined. The fueling nozzle will be wrapped with absorbent pads and carried from the dispensing equipment to the equipment being fueled.

Fuel trucks, pumps, mechanics’ vehicles, the contractor foremen’s vehicles, inspectors’ vehicles and all vehicles working within aquifer protection areas and public water supply watersheds will be equipped with spill kits containing absorbent materials approved for petroleum products.

Construction equipment will not be washed in any waterbody or wetland, nor will runoff resulting from washing operations be permitted to directly enter any waterbody or wetland area.

Construction equipment and vehicles will not be serviced or parked overnight within 100 feet of waterbodies or wetlands.

Considerations

The Contractor will assure that all refueling be done pursuant to the following conditions:

Impact minimization measures and equipment will be sufficient to prevent discharged fluids from leaving the CWA or reaching wetlands or waterbodies, and be readily available for use. These will include some combination of the following:

o dikes, berms or retaining walls sufficiently impervious to contain spilled oil

o absorbent and barrier materials in quantities determined by the Contractor to be sufficient to capture the largest reasonably foreseeable spill

o disposable drums or containers suitable for holding and transporting contaminated materials

o curbing

o culverts, gutters, or other drainage systems

o weirs, booms, or other barriers

o spill diversion or retention ponds

o sumps and collection systems

The Contractor will prepare for approval by Millennium a list of the type, quantity, and the storage location of containment and clean up equipment to be used during construction. The list will include the procedures and impact minimization measures to be used in case of a spill.

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All spills will be cleaned up immediately. In no case will containment equipment be used for the storage of contaminated material.

VII. SPILL RESPONSE

Stopping the source and containment is the immediate priority in the case of a release. Cleanup procedures will begin immediately after a release is contained. In the event of a spill, Millennium will take immediate action to ensure that the impact of the spill is minimized, and to see that appropriate cleanup action is immediately undertaken.

The first person to notice a spill (e.g., contractor personnel, Millennium inspectors) will take immediate steps to stop and contain release.

Spill kits consisting of the appropriate materials, as specified by Millennium, will be required in all heavy construction equipment associated with this project. At a minimum, small vehicles used to transport Millennium and Contractor personnel will be required to contain absorbent pads. General equipment that the contractor will use for spill containment and cleanup includes:

absorbents including pillows, socks, and wipe sheets for containment and pick up of spilled liquids

commercially available spill kits (or the functional equivalent thereof) that are self-contained and prepackaged with a large variety of sorbents for both small to large spills

structures such as gutters, culverts, and dikes for immediate spill containment, where available and appropriate

shovels, backhoes, etc, for excavating contaminated materials

sumps and collection systems

drums, barrels, and temporary storage bags to clean up and transport contaminated materials

Response to spills into Waterbodies or Wetlands

In the event of a spill into or in the vicinity of waterbodies or wetlands, the following will occur immediately:

The spill will be immediately stopped at the source.

The spill will be contained through the use of appropriately deployed containment materials (e.g., sorbent booms, absorbent pads, constructing dikes).

The spill will be collected with sorbent materials, skimmed off water surfaces with booms, and/or the contaminated soil will be excavated.

The waste materials will be properly disposed at an approved disposal site.

The affected areas will be restored as closely as possible to their previous condition.

Millennium personnel (e.g., EI) will complete a Spill Report Form (refer to Attachment 1).

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VIII. SPILL NOTIFICATION

Spills will be reported immediately to Millennium’s EI, who will then notify the Columbia Gas Transmission Corporation (Columbia1) Monitoring Center. Columbia will contact the appropriate Federal, state and local agencies, if the spills are of a reportable quantity.

Attachment 2 lists the primary telephone numbers for such notifications.

1 Columbia, a subsidiary of NiSource (one of Millennium’s owners), currently provides operational services to Millennium and will operate the Project facilities on an integrated basis with Millennium’s existing facilities and in accordance with Columbia’s own operating procedures.

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ATTACHMENT 1



SPILL REPORT FORM

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Millennium Pipeline Company, L.L.C. A1-1 Hancock Compressor Project

SPILL REPORT FORM HANCOCK COMPRESSOR PROJECT

Date: Time of Spill Occurrence: Weather Conditions:

Name/Title of first observer:

Regulatory Agencies Notified/Time (date) of Notification:

Location of Spill (Attach photocopy of site plan, as appropriate):

County: Parcel No.:

Town: Milepost/Station No.:

Material Spilled:

Quantity Spilled:

10 gallons or less: Between 10 and 1,000 gallons:

Over 1,000 gallons:

Circumstances causing spill:

If spill is into water, is a sheen present?

Size of area affected by spill:

Estimate depth of spilled material on water or soil:

Has spill left the construction work area?

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Is spill under control? If not, is there a potential for the spill to leave the construction work area?

Has spill cleanup begun? If so, what methods are being or will be used?

Signature of Contractor Representative/Date

Signature of Millennium Environmental Inspector/Date

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ATTACHMENT 2

NOTIFICATIONS SPILL RESPONSE REPORTING

PRIMARY EMERGENCY CONTACTS

Contact Telephone

Millennium Environmental Inspector

Columbia Gas Transmission Corporation Monitoring Center (800) 835-7191

New York State Department of Environmental Conservation 24-hour Spill Hotline

(800) 457-7362 (518) 457-7362

National Response Center (800) 424-8802

LOCAL EMERGENCY CONTACTS

Contact Telephone

Delaware County Emergency Management 280 Phoebe Lane, Suite 3 Delhi, NY 13753

(607) 746-9600 (911 within local area)

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Millennium Pipeline Company, L.L.C. B-1 Hancock Compressor Project

ATTACHMENT B

TYPICAL FIGURES

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Millennium Pipeline Company, L.L.C. C-1 Hancock Compressor Project

ATTACHMENT C

FEDERAL ENERGY REGULATORY COMMISSION

UPLAND EROSION CONTROL, RE-VEGETATION AND MAINTENANCE PLAN

AND WETLAND AND WATERBODY CONSTRUCTION AND

MITIGATION PROCEDURES

APPENDIX 1-G


APPENDIX 1-G

01/17/2003 VERSION

UPLAND EROSION CONTROL, REVEGETATION, ANDMAINTENANCE PLAN

APPENDIX 1-G

01/17/2003 VERSION

UPLAND EROSION CONTROL, REVEGETATION, ANDMAINTENANCE PLAN

TABLE OF CONTENTS

I. APPLICABILITY ............................................. 1

II. SUPERVISION AND INSPECTION ................................ 2A. ENVIRONMENTAL INSPECTION ............................. 2B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS ......... 2

III. PRECONSTRUCTION PLANNING ................................. 4A. CONSTRUCTION WORK AREAS .............................. 4B. DRAIN TILE AND IRRIGATION SYSTEMS .................... 4C. GRAZING DEFERMENT .................................... 5D. ROAD CROSSINGS AND ACCESS POINTS ..................... 5E. DISPOSAL PLANNING .................................... 5F. AGENCY COORDINATION .................................. 5G. STORMWATER POLLUTION PREVENTION PLAN ................. 5

IV. INSTALLATION .............................................. 6A. APPROVED AREAS OF DISTURBANCE ........................ 6B. TOPSOIL SEGREGATION .................................. 7C. DRAIN TILES .......................................... 7D. IRRIGATION ........................................... 8E. ROAD CROSSINGS AND ACCESS POINTS ..................... 8F. TEMPORARY EROSION CONTROL ............................ 8

1. Temporary Slope Breakers ........................ 82. Sediment Barriers ............................... 93. Mulch .......................................... 10

V. RESTORATION .............................................. 11A. CLEANUP ............................................. 11B. PERMANENT EROSION CONTROL DEVICES ................... 12

1. Trench Breakers ................................ 122. Permanent Slope Breakers ....................... 13

C. SOIL COMPACTION MITIGATION .......................... 13D. REVEGETATION ........................................ 14

1. General ........................................ 142. Soil Additives ................................ 143. Seeding Requirements ........................... 14

VI. OFF-ROAD VEHICLE CONTROL ................................. 16

VII. POST-CONSTRUCTION ACTIVITIES ............................. 16A. MONITORING AND MAINTENANCE ......................... 16B. REPORTING ........................................... 17

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UPLAND EROSION CONTROL, REVEGETATION, AND MAINTENANCE PLAN (PLAN)

I. APPLICABILITY

A. The intent of this Plan is to assist applicants byidentifying baseline mitigation measures for minimizingerosion and enhancing revegetation. The project sponsorsshould specify in their applications for a FERCCertificate (Certificate) any individual measures in thisPlan they consider unnecessary, technically infeasible,or unsuitable due to local conditions and to fullydescribe any alternative measures they would use. Applicants should also explain how those alternativemeasures would achieve a comparable level of mitigation.

Once a project is certificated, further changes can beapproved. Any such changes from the measures in thisPlan (or the applicant’s approved plan) will be approvedby the Director of the Office of Energy Projects(Director), upon the applicant’s written request, if theDirector agrees that an alternative measure:

1. provides equal or better environmental protection;

2. is necessary because a portion of this Plan isinfeasible or unworkable based on project-specificconditions; or

3. is specifically required in writing by anotherFederal, state, or Native American land managementagency for the portion of the project on its land orunder its jurisdiction.

Any requirements in this Plan to file material with theSecretary of the FERC (Secretary) do not apply toprojects undertaken under the provisions of the blanketcertificate program. This exemption does not apply to arequest for alternative measures.

Project-related impacts on wetland and waterbody systemsare addressed in the staff’s Wetland and WaterbodyConstruction and Mitigation Procedures (Procedures).

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II. SUPERVISION AND INSPECTION

A. ENVIRONMENTAL INSPECTION

1. At least one Environmental Inspector is required foreach construction spread during construction andrestoration (as defined by section V). The numberand experience of Environmental Inspectors assignedto each construction spread should be appropriatefor the length of the construction spread and thenumber/significance of resources affected.

2. Environmental Inspectors shall have peer status withall other activity inspectors.

3. Environmental Inspectors shall have the authority tostop activities that violate the environmentalconditions of the Certificate, state and Federalenvironmental permit conditions, or landownerrequirements; and to order appropriate correctiveaction.

B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS

At a minimum, the Environmental Inspector(s) shall beresponsible for:

1. Ensuring compliance with the requirements of thisPlan, the Procedures, the environmental conditionsof the Certificate authorization, the mitigationmeasures proposed by the applicant (as approvedand/or modified by the Certificate), otherenvironmental permits and approvals, andenvironmental requirements in landowner easementagreements;

2. Identifying, documenting, and overseeing correctiveactions, as necessary to bring an activity back intocompliance;

3. Verifying that the limits of authorized constructionwork areas and locations of access roads areproperly marked before clearing;

4. Verifying the location of signs and highly visibleflagging marking the boundaries of sensitiveresource areas, waterbodies, wetlands, or areas withspecial requirements along the construction workarea;

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5. Identifying erosion/sediment control and soilstabilization needs in all areas;

6. Ensuring that the location of dewatering structuresand slope breakers will not direct water into knowncultural resources sites or locations of sensitivespecies;

7. Verifying that trench dewatering activities do notresult in the deposition of sand, silt, and/orsediment near the point of discharge into a wetlandor waterbody. If such deposition is occurring, thedewatering activity shall be stopped and the designof the discharge shall be changed to preventreoccurrence;

8. Ensuring that subsoil and topsoil are tested inagricultural and residential areas to measurecompaction and determine the need for correctiveaction;

9. Advising the Chief Construction Inspector whenconditions (such as wet weather) make it advisableto restrict construction activities to avoidexcessive rutting;

10. Ensuring restoration of contours and topsoil;

11. Verifying that the soils imported for agriculturalor residential use have been certified as free ofnoxious weeds and soil pests, unless otherwiseapproved by the landowner;

12. Determining the need for and ensuring that erosioncontrols are properly installed, as necessary toprevent sediment flow into wetlands, waterbodies,sensitive areas, and onto roads;

13. Inspecting and ensuring the maintenance of temporaryerosion control measures at least:

a. on a daily basis in areas of activeconstruction or equipment operation;

b. on a weekly basis in areas with no constructionor equipment operation; and

c. within 24 hours of each 0.5 inch of rainfall;

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14. Ensuring the repair of all ineffective temporaryerosion control measures within 24 hours ofidentification;

15. Keeping records of compliance with the environmentalconditions of the FERC certificate, and themitigation measures proposed by the project sponsorin the application submitted to the FERC, and otherFederal or state environmental permits during activeconstruction and restoration; and

16. Identifying areas that should be given specialattention to ensure stabilization and restorationafter the construction phase.

III. PRECONSTRUCTION PLANNING

The project sponsor shall do the following beforeconstruction:

A. CONSTRUCTION WORK AREAS

1. Identify all construction work areas (e.g.,construction right-of-way, extra work space areas,pipe storage and contractor yards, borrow anddisposal areas, access roads, etc.) that would beneeded for safe construction. The project sponsormust ensure that appropriate cultural resources andbiological surveys have been conducted.

2. Project sponsors are encouraged to considerexpanding any required cultural resources andendangered species surveys in anticipation of theneed for activities outside of certificated workareas.

B. DRAIN TILE AND IRRIGATION SYSTEMS

1. Attempt to locate existing drain tiles andirrigation systems.

2. Contact landowners and local soil conservationauthorities to determine the locations of futuredrain tiles that are likely to be installed within 3years of the authorized construction.

3. Develop procedures for constructing through drain-tiled areas, maintaining irrigation systems duringconstruction, and repairing drain tiles andirrigation systems after construction.

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4. Engage qualified drain tile specialists, as neededto conduct or monitor repairs to drain tile systemsaffected by construction. Use drain tilespecialists from the project area, if available.

C. GRAZING DEFERMENT

Develop grazing deferment plans with willing landowners,grazing permittees, and land management agencies tominimize grazing disturbance of revegetation efforts.

D. ROAD CROSSINGS AND ACCESS POINTS

Plan for safe and accessible conditions at all roadwaycrossings and access points during construction andrestoration.

E. DISPOSAL PLANNING

Determine methods and locations for the disposal ofconstruction debris (e.g., timber, slash, mats, garbage,drilling fluids, excess rock, etc). Off-site disposal inother than commercially operated disposal locations issubject to compliance with all applicable survey,landowner permission, and mitigation requirements.

F. AGENCY COORDINATION

The project sponsor must coordinate with the appropriatelocal, state, and Federal agencies as outlined in thisPlan and in the Certificate.

1. Obtain written recommendations from the local soilconservation authorities or land management agenciesregarding permanent erosion control and revegetationspecifications.

2. Develop specific procedures in coordination with theappropriate agency to prevent the introduction orspread of noxious weeds and soil pests resultingfrom construction and restoration activities.

G. STORMWATER POLLUTION PREVENTION PLAN

Make available on each construction spread the StormwaterPollution Prevention Plan prepared for compliance withthe U.S. Environmental Protection Agency's NationalStormwater Program General Permit requirements.

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6 01/17/2003 VERSION

IV. INSTALLATION

A. APPROVED AREAS OF DISTURBANCE

1. Project-related ground disturbance shall be limitedto the construction right-of-way, extra work spaceareas, pipe storage yards, borrow and disposalareas, access roads, and other areas approved in theCertificate. Any project-related ground disturbingactivities outside these Certificated areas, exceptthose needed to comply with the Plan and Procedures(e.g., slope breakers, energy-dissipating devices,dewatering structures, drain tile system repairs)will require prior Director approval. Allconstruction or restoration activities outside ofthe Certificated areas are subject to all applicablesurvey and mitigation requirements.

2. The construction right-of-way width for a projectshall not exceed 75 feet or that described in theFERC application unless otherwise modified by aCertificate condition. However, in limited, non-wetland areas, this construction right-of-way widthmay be expanded by up to 25 feet without Directorapproval to accommodate full construction right-of-way topsoil segregation and to ensure safeconstruction where topographic conditions (such asside-slopes) or soil limitations require it. Twenty-five feet of extra construction right-of-waywidth may also be used in limited, non-wetland ornon-forested areas for truck turn-arounds where noreasonable alternative access exists.

Project use of these additional limited areas issubject to landowner approval and compliance withall applicable survey and mitigation requirements. When such additional areas are used, each one shouldbe identified and the need explained in the weeklyor biweekly construction reports to the FERC, ifrequired. The following material should be includedin the reports:

a. the location of each additional area by stationnumber and reference to a previously filedalignment sheet, or updated alignment sheetsshowing the additional areas;

b. identification of where the Commission'srecords contain evidence that the additionalareas were previously surveyed; and

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c. a statement that landowner approval has beenobtained and is available in project files.

Prior written approval of the Director is requiredwhen the Certificated construction right-of-waywidth would be expanded by more than 25 feet.

B. TOPSOIL SEGREGATION

1. Unless the landowner or land management agencyspecifically approves otherwise, prevent the mixingof topsoil with subsoil by stripping topsoil fromeither the full work area or from the trench andsubsoil storage area (ditch plus spoil side method)in:

a. actively cultivated or rotated croplands andpastures;

b. residential areas;

c. hayfields; and

d. other areas at the landowner's or land managingagency’s request.

2. In residential areas importation of topsoil is anacceptable alternative to topsoil segregation.

3. In deep soils (more than 12 inches of topsoil),segregate at least 12 inches of topsoil. In soilswith less than 12 inches of topsoil make everyeffort to segregate the entire topsoil layer.

4. Where topsoil segregation is required, maintainseparation of salvaged topsoil and subsoilthroughout all construction activities.

5. Segregated topsoil may not be used for padding thepipe.

C. DRAIN TILES

1. Mark locations of drain tiles damaged duringconstruction.

2. Probe all drainage tile systems within the area ofdisturbance to check for damage.

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8 01/17/2003 VERSION

3. Repair damaged drain tiles to their original orbetter condition. Do not use filter-covered draintiles unless the local soil conservation authoritiesand the landowner agree. Use qualified specialistsfor testing and repairs.

4. For new pipelines in areas where drain tiles existor are planned, ensure that the depth of cover overthe pipeline is sufficient to avoid interferencewith drain tile systems. For adjacent pipelineloops in agricultural areas, install the newpipeline with at least the same depth of cover asthe existing pipeline(s).

D. IRRIGATION

Maintain water flow in crop irrigation systems, unlessshutoff is coordinated with affected parties.

E. ROAD CROSSINGS AND ACCESS POINTS

1. Maintain safe and accessible conditions at all roadcrossings and access points during construction.

2. If crushed stone access pads are used in residentialor active agricultural areas, place the stone onsynthetic fabric to facilitate removal.

F. TEMPORARY EROSION CONTROL

Install temporary erosion controls immediately afterinitial disturbance of the soil. Temporary erosioncontrols must be properly maintained throughoutconstruction (on a daily basis) and reinstalled asnecessary (such as after backfilling of the trench) untilreplaced by permanent erosion controls or restoration iscomplete.

1. Temporary Slope Breakers

a. Temporary slope breakers are intended to reducerunoff velocity and divert water off theconstruction right-of-way. Temporary slopebreakers may be constructed of materials suchas soil, silt fence, staked hay or straw bales,or sand bags.

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b. Install temporary slope breakers on alldisturbed areas, as necessary to avoidexcessive erosion. Temporary slope breakersmust be installed on slopes greater than 5percent where the base of the slope is lessthan 50 feet from waterbody, wetland, and roadcrossings at the following spacing (closerspacing should be used if necessary):

Slope (%) Spacing (feet)5 - 15 300

>15 - 30 200>30 100

c. Direct the outfall of each temporary slopebreaker to a stable, well vegetated area orconstruct an energy-dissipating device at theend of the slope breaker and off theconstruction right-of-way.

d. Position the outfall of each temporary slopebreaker to prevent sediment discharge intowetlands, waterbodies, or other sensitiveresources.

2. Sediment Barriers

a. Sediment barriers are intended to stop the flowof sediments and to prevent the deposition ofsediments into sensitive resources. They maybe constructed of materials such as silt fence,staked hay or straw bales, compacted earth(e.g., driveable berms across travelways), sandbags, or other appropriate materials.

b. At a minimum, install and maintain temporarysediment barriers across the entireconstruction right-of-way at the base of slopesgreater than 5 percent where the base of theslope is less than 50 feet from a waterbody,wetland, or road crossing until revegetation issuccessful as defined in this Plan. Leaveadequate room between the base of the slope andthe sediment barrier to accommodate ponding ofwater and sediment deposition.

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c. Where wetlands or waterbodies are adjacent toand downslope of construction work areas,install sediment barriers along the edge ofthese areas, as necessary to prevent sedimentflow into the wetland or waterbody.

3. Mulch

a. Apply mulch on all slopes (except in activelycultivated cropland) concurrent with orimmediately after seeding, where necessary tostabilize the soil surface and to reduce windand water erosion. Spread mulch uniformly overthe area to cover at least 75 percent of theground surface at a rate of 2 tons/acre ofstraw or its equivalent, unless the local soilconservation authority, landowner, or landmanaging agency approves otherwise in writing.

b. Mulch can consist of weed-free straw or hay,wood fiber hydromulch, erosion control fabric,or some functional equivalent.

c. Mulch before seeding if:

(1) final grading and installation ofpermanent erosion control measures willnot be completed in an area within 20 daysafter the trench in that area isbackfilled (10 days in residential areas),as required in section V.A.1; or

(2) construction or restoration activity isinterrupted for extended periods, such aswhen seeding cannot be completed due toseeding period restrictions.

d. If mulching before seeding, increase mulchapplication on all slopes within 100 feet ofwaterbodies and wetlands to a rate of 3tons/acre of straw or equivalent.

e. If wood chips are used as mulch, do not usemore than 1 ton/acre and add the equivalent of11 lbs/acre available nitrogen (at least 50percent of which is slow release).

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f. Ensure that mulch is adequately anchored tominimize loss due to wind and water.

g. When anchoring with liquid mulch binders, userates recommended by the manufacturer. Do notuse liquid mulch binders within 100 feet ofwetlands or waterbodies.

h. Install erosion control fabric on waterbodybanks at the time of final bank recontouring. Anchor the erosion control fabric with staplesor other appropriate devices.

V. RESTORATION

A. CLEANUP

1. Commence cleanup operations immediately followingbackfill operations. Complete final grading,topsoil replacement, and installation of permanenterosion control structures within 20 days afterbackfilling the trench (10 days in residentialareas). If seasonal or other weather conditionsprevent compliance with these time frames, maintaintemporary erosion controls (temporary slope breakersand sediment barriers) until conditions allowcompletion of cleanup.

The project sponsor should file with the Secretaryfor the review and written approval of the Director,a winterization plan if construction will continueinto the winter season when conditions could delaysuccessful decompaction, topsoil replacement, orseeding until the following spring.

2. A travel lane may be left open temporarily to allowaccess by construction traffic if the temporaryerosion control structures are installed (asspecified in section IV.F.) and inspected andmaintained (as specified in sections II.B.12 through14). When access is no longer required, the travellane must be removed and the right-of-way restored.

3. Rock excavated from the trench may be used tobackfill the trench only to the top of the existingbedrock profile. Rock that is not returned to thetrench should be considered construction debris,unless approved for use as mulch or for some otheruse on the construction work areas by the landowneror land managing agency.

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4. Remove excess rock from at least the top 12 inchesof soil in all actively cultivated or rotatedcropland and pastures, hayfields, and residentialareas, as well as other areas at the landowner'srequest. The size, density, and distribution ofrock on the construction work area should be similarto adjacent areas not disturbed by construction. The landowner may approve other provisions inwriting.

5. Grade the construction right-of-way to restore pre-construction contours and leave the soil in theproper condition for planting.

6. Remove construction debris from all constructionwork areas unless the landowner or land managingagency approves otherwise.

7. Remove temporary sediment barriers when replaced bypermanent erosion control measures or whenrevegetation is successful.

B. PERMANENT EROSION CONTROL DEVICES

1. Trench Breakers

a. Trench breakers are intended to slow the flowof subsurface water along the trench. Trenchbreakers may be constructed of materials suchas sand bags or polyurethane foam. Do not usetopsoil in trench breakers.

b. An engineer or similarly qualified professionalshall determine the need for and spacing oftrench breakers. Otherwise, trench breakersshall be installed at the same spacing as andupslope of permanent slope breakers.

c. In agricultural fields and residential areaswhere slope breakers are not typicallyrequired, install trench breakers at the samespacing as if permanent slope breakers wererequired.

d. At a minimum, install a trench breaker at thebase of slopes greater than 5 percent where thebase of the slope is less than 50 feet from awaterbody or wetland and where needed to avoiddraining a waterbody or wetland.

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2. Permanent Slope Breakers

a. Permanent slope breakers are intended to reducerunoff velocity, divert water off theconstruction right-of-way, and prevent sedimentdeposition into sensitive resources. Permanentslope breakers may be constructed of materialssuch as soil, sand bags, or some functionalequivalent.

b. Construct and maintain permanent slope breakersin all areas, except cultivated areas andlawns, using spacing recommendations obtainedfrom the local soil conservation authority orland managing agency.

In the absence of written recommendations, usethe following spacing unless closer spacing isnecessary to avoid excessive erosion on theconstruction right-of-way:

Slope (%) Spacing (feet)5 - 15 300

>15 - 30 200>30 100

c. Construct slope breakers to divert surface flowto a stable area without causing water to poolor erode behind the breaker. In the absence ofa stable area, construct appropriate energy-dissipating devices at the end of the breaker.

d. Slope breakers may extend slightly (about 4feet) beyond the edge of the constructionright-of-way to effectively drain water off thedisturbed area. Where slope breakers extendbeyond the edge of the construction right-of-way, they are subject to compliance with allapplicable survey requirements.

C. SOIL COMPACTION MITIGATION

1. Test topsoil and subsoil for compaction at regularintervals in agricultural and residential areasdisturbed by construction activities. Conduct testson the same soil type under similar moistureconditions in undisturbed areas to approximatepreconstruction conditions. Use penetrometers orother appropriate devices to conduct tests.

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2. Plow severely compacted agricultural areas with aparaplow or other deep tillage implement. In areaswhere topsoil has been segregated, plow the subsoilbefore replacing the segregated topsoil.

Alternatively, make arrangements with the landownerto plant and plow under a "green manure" crop, suchas alfalfa, to decrease soil bulk density andimprove soil structure. If subsequent constructionand cleanup activities result in further compaction,conduct additional tilling.

3. Perform appropriate soil compaction mitigation inseverely compacted residential areas.

D. REVEGETATION

1. General

a. The project sponsor is responsible for ensuringsuccessful revegetation of soils disturbed byproject-related activities, except as noted insection V.D.1.b.

b. Restore all turf, ornamental shrubs, andspecialized landscaping in accordance with thelandowner's request, or compensate thelandowner. Restoration work must be performedby personnel familiar with local horticulturaland turf establishment practices.

2. Soil Additives

Fertilize and add soil pH modifiers in accordancewith written recommendations obtained from the localsoil conservation authority, land managementagencies, or landowner. Incorporate recommendedsoil pH modifier and fertilizer into the top 2inches of soil as soon as possible afterapplication.

3. Seeding Requirements

a. Prepare a seedbed in disturbed areas to a depthof 3 to 4 inches using appropriate equipment toprovide a firm seedbed. When hydroseeding,scarify the seedbed to facilitate lodging andgermination of seed.

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b. Seed disturbed areas in accordance with writtenrecommendations for seed mixes, rates, anddates obtained from the local soil conservationauthority or as requested by the landowner orland management agency. Seeding is notrequired in actively cultivated croplandsunless requested by the landowner.

c. Perform seeding of permanent vegetation withinthe recommended seeding dates. If seedingcannot be done within those dates, useappropriate temporary erosion control measuresdiscussed in section IV.F. and perform seedingof permanent vegetation at the beginning of thenext recommended seeding season. Lawns may beseeded on a schedule established with thelandowner.

d. In the absence of written recommendations fromthe local soil conservation authorities, seedall disturbed soils within 6 working days offinal grading, weather and soil conditionspermitting, subject to the specifications insection V.D.3.a-c.

e. Base seeding rates on Pure Live Seed. Use seedwithin 12 months of seed testing.

f. Treat legume seed with an inoculant specific tothe species using the manufacturer’srecommended rate of inoculant appropriate forthe seeding method (broadcast, drill, orhydro).

g. In the absence of written recommendations fromthe local soil conservation authorities,landowner, or land managing agency to thecontrary, a seed drill equipped with acultipacker is preferred for seed application.

Broadcast or hydroseeding can be used in lieuof drilling at double the recommended seedingrates. Where seed is broadcast, firm theseedbed with a cultipacker or imprinter afterseeding. In rocky soils or where siteconditions may limit the effectiveness of thisequipment, other alternatives may beappropriate (e.g., use of a chain drag) tolightly cover seed after application, asapproved by the Environmental Inspector.

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VI. OFF-ROAD VEHICLE CONTROL

To each owner or manager of forested lands offer to installand maintain measures to control unauthorized vehicle accessto the right-of-way. These measures may include:

A. Signs;

B. Fences with locking gates;

C. Slash and timber barriers, pipe barriers, or a line ofboulders across the right-of-way; and

D. Conifers or other appropriate trees or shrubs across theright-of-way.

VII. POST-CONSTRUCTION ACTIVITIES

A. MONITORING AND MAINTENANCE

1. Conduct follow-up inspections of all disturbed areasafter the first and second growing seasons todetermine the success of revegetation.

2. Revegetation in non-agricultural areas shall beconsidered successful if upon visual survey thedensity and cover of non-nuisance vegetation aresimilar in density and cover to adjacent undisturbedlands. In agricultural areas, revegetation shall beconsidered successful if crop yields are similar toadjacent undisturbed portions of the same field.

Continue revegetation efforts until revegetation issuccessful.

3. Monitor and correct problems with drainage andirrigation systems resulting from pipelineconstruction in active agricultural areas untilrestoration is successful.

4. Restoration shall be considered successful if theright-of-way surface condition is similar toadjacent undisturbed lands, construction debris isremoved (unless requested otherwise by the landowner or land managing agency), revegetation issuccessful, and proper drainage has been restored.

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5. Routine vegetation maintenance clearing shall not bedone more frequently than every 3 years. However, tofacilitate periodic corrosion and leak surveys, acorridor not exceeding 10 feet in width centered onthe pipeline may be maintained annually in aherbaceous state. In no case shall routinevegetation maintenance clearing occur between April15 and August 1 of any year.

6. Efforts to control unauthorized off-road vehicleuse, in cooperation with the landowner, shallcontinue throughout the life of the project.Maintain signs, gates, and vehicle trails asnecessary.

B. REPORTING

1. The project sponsor shall maintain records thatidentify by milepost:

a. method of application, application rate, andtype of fertilizer, pH modifying agent, seed,and mulch used;

b. acreage treated;

c. dates of backfilling and seeding;

d. names of landowners requesting special seedingtreatment and a description of the follow-upactions; and

e. any problem areas and how they were addressed.

2. The project sponsor shall file with the Secretaryquarterly activity reports documenting problems,including those identified by the landowner, andcorrective actions taken for at least 2 yearsfollowing construction.

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WETLAND AND WATERBODY CONSTRUCTION ANDMITIGATION PROCEDURES

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WETLAND AND WATERBODY CONSTRUCTION ANDMITIGATION PROCEDURES

TABLE OF CONTENTS

I. APPLICABILITY ............................................. 1

II. PRECONSTRUCTION FILING .................................... 2

III. ENVIRONMENTAL INSPECTORS .................................. 3

IV. PRECONSTRUCTION PLANNING .................................. 3

V. WATERBODY CROSSINGS ....................................... 5A. NOTIFICATION PROCEDURES AND PERMITS .................. 5B. INSTALLATION ......................................... 6

1. Time Window for Construction .................... 62. Extra Work Areas ................................ 63. General Crossing Procedures ..................... 64. Spoil Pile Placement and Control ................ 75. Equipment Bridges ............................... 76. Dry-Ditch Crossing Methods ...................... 87. Crossings of Minor Waterbodies ................ 108. Crossings of Intermediate Waterbodies .......... 119. Crossings of Major Waterbodies ................. 1110. Temporary Erosion and Sediment Control ......... 1211. Trench Dewatering ............................. 12

C. RESTORATION ......................................... 13D. POST-CONSTRUCTION MAINTENANCE ....................... 14

VI. WETLAND CROSSINGS ........................................ 14A. GENERAL ............................................ 14B. INSTALLATION ........................................ 16

1. Extra Work Areas and Access Roads .............. 162. Crossing Procedures ............................ 173. Temporary Sediment Control .................... 194. Trench Dewatering ............................. 19

C. RESTORATION ......................................... 20D. POST-CONSTRUCTION MAINTENANCE ....................... 21

VII. HYDROSTATIC TESTING ...................................... 22A. NOTIFICATION PROCEDURES AND PERMITS ................. 22B. GENERAL ............................................. 22C. INTAKE SOURCE AND RATE .............................. 22D. DISCHARGE LOCATION, METHOD, AND RATE ................ 23

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WETLAND AND WATERBODY CONSTRUCTION AND MITIGATION PROCEDURES(PROCEDURES)

I. APPLICABILITY

A. The intent of these Procedures is to assist applicants byidentifying baseline mitigation measures for minimizingthe extent and duration of project-related disturbance onwetlands and waterbodies. The project sponsors shouldspecify in their applications for a FERC Certificate(Certificate) any individual measures in these Proceduresthey consider unnecessary, technically infeasible, orunsuitable due to local conditions and to fully describeany alternative measures they would use. Applicantsshould also explain how those alternative measures wouldachieve a comparable level of mitigation.

Once a project is certificated, further changes can beapproved. Any such changes from the measures in theseProcedures (or the applicant’s approved procedures) willbe approved by the Director of the Office of EnergyProjects (Director), upon the applicant’s writtenrequest, if the Director agrees that an alternativemeasure:

1. provides equal or better environmental protection;

2. is necessary because a portion of these Proceduresis infeasible or unworkable based on project-specific conditions; or

3. is specifically required in writing by anotherFederal, state, or Native American land managementagency for the portion of the project on its land orunder its jurisdiction.

Any requirements in these Procedures to file materialwith the Secretary of the FERC (Secretary) do not applyto projects undertaken under the provisions of theblanket certificate program. This exemption does notapply to a request for alternative measures.

Project-related impacts on non-wetland areas areaddressed in the staff’s Upland Erosion Control,Revegetation, and Maintenance Plan (Plan).

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B. DEFINITIONS

1. "Waterbody" includes any natural or artificialstream, river, or drainage with perceptible flow atthe time of crossing, and other permanentwaterbodies such as ponds and lakes:

a. "minor waterbody" includes all waterbodies lessthan or equal to 10 feet wide at the water'sedge at the time of crossing;

b. "intermediate waterbody" includes allwaterbodies greater than 10 feet wide but lessthan or equal to 100 feet wide at the water'sedge at the time of crossing; and

c. "major waterbody" includes all waterbodiesgreater than 100 feet wide at the water's edgeat the time of crossing.

2. "Wetland" includes any area that is not in activelycultivated or rotated cropland and that satisfiesthe requirements of the current Federal methodologyfor identifying and delineating wetlands.

II. PRECONSTRUCTION FILING

A. The following information shall be filed with theSecretary prior to the beginning of construction:

1. the hydrostatic testing information specified insection VII.B.3. and a wetland delineation report asdescribed in section VI.A.1., if applicable; and

2. a schedule identifying when trenching or blastingwould occur within each waterbody greater than 10feet wide, or within any designated coldwaterfishery. The project sponsor shall revise theschedule as necessary to provide FERC staff at least14 days advance notice. Changes within this last14-day period must provide for at least 48 hoursadvance notice.

B. The following site-specific construction plans requiredby these Procedures must be filed with the Secretary forthe review and written approval by the Director:

1. plans for extra work areas that would be closer than50 feet from a waterbody or wetland;

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2. plans for major waterbody crossings;

3. plans for the use of a construction right-of-waygreater than 75 feet wide in wetlands; and

4. plans for horizontal directional drill (HDD)"crossings" of wetlands or waterbodies.

III. ENVIRONMENTAL INSPECTORS

A. At least one Environmental Inspector having knowledge ofthe wetland and waterbody conditions in the project areais required for each construction spread. The number andexperience of Environmental Inspectors assigned to eachconstruction spread should be appropriate for the lengthof the construction spread and the number/significance ofresources affected.

B. The Environmental Inspector's responsibilities areoutlined in the Upland Erosion Control, Revegetation, andMaintenance Plan (Plan).

IV. PRECONSTRUCTION PLANNING

A. A copy of the Stormwater Pollution Prevention Plan(SWPPP) prepared for compliance with the U.S.Environmental Protection Agency's (EPA) NationalStormwater Program General Permit requirements must beavailable in the field on each construction spread. TheSWPPP shall contain Spill Prevention and ResponseProcedures that meet the requirements of state andFederal agencies.

1. It shall be the responsibility of the projectsponsor and its contractors to structure theiroperations in a manner that reduces the risk ofspills or the accidental exposure of fuels orhazardous materials to waterbodies or wetlands. Theproject sponsor and its contractors must, at aminimum, ensure that:

a. all employees handling fuels and otherhazardous materials are properly trained;

b. all equipment is in good operating order andinspected on a regular basis;

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c. fuel trucks transporting fuel to on-siteequipment travel only on approved access roads;

d. all equipment is parked overnight and/or fueledat least 100 feet from a waterbody or in anupland area at least 100 feet from a wetlandboundary. These activities can occur closeronly if the Environmental Inspector finds, inadvance, no reasonable alternative and theproject sponsor and its contractors have takenappropriate steps (including secondarycontainment structures) to prevent spills andprovide for prompt cleanup in the event of aspill;

e. hazardous materials, including chemicals,fuels, and lubricating oils, are not storedwithin 100 feet of a wetland, waterbody, ordesignated municipal watershed area, unless thelocation is designated for such use by anappropriate governmental authority. Thisapplies to storage of these materials and doesnot apply to normal operation or use ofequipment in these areas; and

f. concrete coating activities are not performedwithin 100 feet of a wetland or waterbodyboundary, unless the location is an existingindustrial site designated for such use.

2. The project sponsor and its contractors muststructure their operations in a manner that providesfor the prompt and effective cleanup of spills offuel and other hazardous materials. At a minimum,the project sponsor and its contractors must:

a. ensure that each construction crew (includingcleanup crews) has on hand sufficient suppliesof absorbent and barrier materials to allow therapid containment and recovery of spilledmaterials and knows the procedure for reportingspills;

b. ensure that each construction crew has on handsufficient tools and material to stop leaks;

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c. know the contact names and telephone numbersfor all local, state, and Federal agencies(including, if necessary, the U. S. Coast Guardand the National Response Center) that must benotified of a spill; and

d. follow the requirements of those agencies incleaning up the spill, in excavating anddisposing of soils or other materialscontaminated by a spill, and in collecting anddisposing of waste generated during spillcleanup.

B. AGENCY COORDINATION

The project sponsor must coordinate with the appropriatelocal, state, and Federal agencies as outlined in theseProcedures and in the Certificate.

V. WATERBODY CROSSINGS

A. NOTIFICATION PROCEDURES AND PERMITS

1. Apply to the U.S. Army Corps of Engineers (COE), orits delegated agency, for the appropriate wetlandand waterbody crossing permits.

2. Provide written notification to authoritiesresponsible for potable surface water supply intakeslocated within 3 miles downstream of the crossing atleast 1 week before beginning work in the waterbody,or as otherwise specified by that authority.

3. Apply for state-issued waterbody crossing permitsand obtain individual or generic section 401 waterquality certification or waiver.

4. Notify appropriate state authorities at least 48hours before beginning trenching or blasting withinthe waterbody, or as specified in state permits.

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B. INSTALLATION

1. Time Window for Construction

Unless expressly permitted or further restricted bythe appropriate state agency in writing on a site-specific basis, instream work, except that requiredto install or remove equipment bridges, must occurduring the following time windows:

a. coldwater fisheries - June 1 through September30; and

b. coolwater and warmwater fisheries - June 1through November 30.

2. Extra Work Areas

a. Locate all extra work areas (such as stagingareas and additional spoil storage areas) atleast 50 feet away from water’s edge, except where the adjacent upland consists of activelycultivated or rotated cropland or otherdisturbed land.

b. The project sponsor shall file with theSecretary for review and written approval bythe Director, a site-specific construction planfor each extra work area with a less than 50-foot setback from the water's edge, (exceptwhere the adjacent upland consists of activelycultivated or rotated cropland or otherdisturbed land) and a site-specific explanationof the conditions that will not permit a 50-foot setback.

c. Limit clearing of vegetation between extra workareas and the edge of the waterbody to thecertificated construction right-of-way.

d. Limit the size of extra work areas to theminimum needed to construct the waterbodycrossing.

3. General Crossing Procedures

a. Comply with the COE, or its delegated agency,permit terms and conditions.

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b. Construct crossings as close to perpendicularto the axis of the waterbody channel asengineering and routing conditions permit.

c. If the pipeline parallels a waterbody, attemptto maintain at least 15 feet of undisturbedvegetation between the waterbody (and anyadjacent wetland) and the construction right-of-way.

d. Where waterbodies meander or have multiplechannels, route the pipeline to minimize thenumber of waterbody crossings.

e. Maintain adequate flow rates to protect aquaticlife, and prevent the interruption of existingdownstream uses.

f. Waterbody buffers (extra work area setbacks,refueling restrictions, etc.) must be clearlymarked in the field with signs and/or highlyvisible flagging until construction-relatedground disturbing activities are complete.

4. Spoil Pile Placement and Control

a. All spoil from minor and intermediate waterbodycrossings, and upland spoil from majorwaterbody crossings, must be placed in theconstruction right-of-way at least 10 feet fromthe water's edge or in additional extra workareas as described in section V.B.2.

b. Use sediment barriers to prevent the flow ofspoil or heavily silt-laden water into anywaterbody.

5. Equipment Bridges

a. Only clearing equipment and equipment necessaryfor installation of equipment bridges may crosswaterbodies prior to bridge installation. Limit the number of such crossings of eachwaterbody to one per piece of clearingequipment.

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b. Construct equipment bridges to maintainunrestricted flow and to prevent soil fromentering the waterbody. Examples of suchbridges include:

(1) equipment pads and culvert(s);(2) equipment pads or railroad car bridges

without culverts;(3) clean rock fill and culvert(s); and (4) flexi-float or portable bridges.

Additional options for equipment bridges may beutilized that achieve the performanceobjectives noted above. Do not use soil toconstruct or stabilize equipment bridges.

c. Design and maintain each equipment bridge towithstand and pass the highest flow expected tooccur while the bridge is in place. Alignculverts to prevent bank erosion or streambedscour. If necessary, install energydissipating devices downstream of the culverts.

d. Design and maintain equipment bridges toprevent soil from entering the waterbody.

e. Remove equipment bridges as soon as possibleafter permanent seeding unless the COE, or itsdelegated agency, authorizes it as a permanentbridge.

f. If there will be more than 1 month betweenfinal cleanup and the beginning of permanentseeding and reasonable alternative access tothe right-of-way is available, remove equipmentbridges as soon as possible after finalcleanup.

6. Dry-Ditch Crossing Methods

a. Unless approved otherwise by the appropriatestate agency, install the pipeline using one ofthe dry-ditch methods outlined below forcrossings of waterbodies up to 30 feet wide (atthe water's edge at the time of construction)that are state-designated as either coldwateror significant coolwater or warmwaterfisheries.

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b. Dam and Pump

(1) The dam-and-pump method may be usedwithout prior approval for crossings ofwaterbodies where pumps can adequatelytransfer streamflow volumes around thework area, and there are no concerns aboutsensitive species passage.

(2) Implementation of the dam-and-pumpcrossing method must meet the followingperformance criteria:

(i) use sufficient pumps, including on-site backup pumps, to maintaindownstream flows;

(ii) construct dams with materials thatprevent sediment and other pollutantsfrom entering the waterbody (e.g.,sandbags or clean gravel with plasticliner);

(iii) screen pump intakes; (iv) prevent streambed scour at pump

discharge; and(v) monitor the dam and pumps to ensure

proper operation throughout thewaterbody crossing.

c. Flume Crossing

The flume crossing method requiresimplementation of the following steps:

(1) install flume pipe after blasting (ifnecessary), but before any trenching;

(2) use sand bag or sand bag and plasticsheeting diversion structure or equivalentto develop an effective seal and to divertstream flow through the flume pipe (somemodifications to the stream bottom may berequired in to achieve an effective seal);

(3) properly align flume pipe(s) to preventbank erosion and streambed scour;

(4) do not remove flume pipe during trenching,pipelaying, or backfilling activities, orinitial streambed restoration efforts; and

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(5) remove all flume pipes and dams that arenot also part of the equipment bridge assoon as final cleanup of the stream bedand bank is complete.

d. Horizontal Directional Drill (HDD)

To the extent they were not provided as part ofthe pre-certification process, for eachwaterbody or wetland that would be crossedusing the HDD method, provide a plan thatincludes:

(1) site-specific construction diagrams thatshow the location of mud pits, pipeassembly areas, and all areas to bedisturbed or cleared for construction;

(2) a description of how an inadvertentrelease of drilling mud would be containedand cleaned up; and

(3) a contingency plan for crossing thewaterbody or wetland in the event thedirectional drill is unsuccessful and howthe abandoned drill hole would be sealed,if necessary.

7. Crossings of Minor Waterbodies

Where a dry-ditch crossing is not required, minorwaterbodies may be crossed using the open-cutcrossing method, with the following restrictions:

a. except for blasting and other rock breakingmeasures, complete instream constructionactivities (including trenching, pipeinstallation, backfill, and restoration of thestreambed contours) within 24 hours. Streambanks and unconsolidated streambeds mayrequire additional restoration after thisperiod;

b. limit use of equipment operating in thewaterbody to that needed to construct thecrossing; and

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c. equipment bridges are not required at minorwaterbodies that do not have a state-designatedfishery classification (e.g., agricultural orintermittent drainage ditches). However, if anequipment bridge is used it must be constructedas described in section V.B.5.

8. Crossings of Intermediate Waterbodies

Where a dry-ditch crossing is not required,intermediate waterbodies may be crossed using theopen-cut crossing method, with the followingrestrictions:

a. complete instream construction activities (notincluding blasting and other rock breakingmeasures) within 48 hours, unless site-specificconditions make completion within 48 hoursinfeasible;

b. limit use of equipment operating in thewaterbody to that needed to construct thecrossing; and

c. all other construction equipment must cross onan equipment bridge as specified in sectionV.B.5.

9. Crossings of Major Waterbodies

Before construction, the project sponsor shall filewith the Secretary for the review and writtenapproval by the Director a detailed, site-specificconstruction plan and scaled drawings identifyingall areas to be disturbed by construction for eachmajor waterbody crossing (the scaled drawings arenot required for any offshore portions of pipelineprojects). This plan should be developed inconsultation with the appropriate state and Federalagencies and should include extra work areas, spoilstorage areas, sediment control structures, etc., aswell as mitigation for navigational issues.

The Environmental Inspector may adjust the finalplacement of the erosion and sediment controlstructures in the field to maximize effectiveness.

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10. Temporary Erosion and Sediment Control

Install sediment barriers (as defined in sectionIV.F.2.a. of the Plan) immediately after initialdisturbance of the waterbody or adjacent upland. Sediment barriers must be properly maintainedthroughout construction and reinstalled as necessary(such as after backfilling of the trench) untilreplaced by permanent erosion controls orrestoration of adjacent upland areas is complete. Temporary erosion and sediment control measures areaddressed in more detail in the Plan; however, thefollowing specific measures must be implemented atstream crossings:

a. install sediment barriers across the entireconstruction right-of-way at all waterbodycrossings, where necessary to prevent the flowof sediments into the waterbody. In the travellane, these may consist of removable sedimentbarriers or driveable berms. Removablesediment barriers can be removed during theconstruction day, but must be re-installedafter construction has stopped for the dayand/or when heavy precipitation is imminent;

b. where waterbodies are adjacent to theconstruction right-of-way, install sedimentbarriers along the edge of the constructionright-of-way as necessary to contain spoil andsediment within the construction right-of-way;and

c. use trench plugs at all waterbody crossings, asnecessary, to prevent diversion of water intoupland portions of the pipeline trench and tokeep any accumulated trench water out of thewaterbody.

11. Trench Dewatering

Dewater the trench (either on or off theconstruction right-of-way) in a manner that does notcause erosion and does not result in heavily silt-laden water flowing into any waterbody. Remove thedewatering structures as soon as possible after thecompletion of dewatering activities.

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C. RESTORATION

1. Use clean gravel or native cobbles for the upper 1foot of trench backfill in all waterbodies thatcontain coldwater fisheries.

2. For open-cut crossings, stabilize waterbody banksand install temporary sediment barriers within 24hours of completing instream constructionactivities. For dry-ditch crossings, completestreambed and bank stabilization before returningflow to the waterbody channel.

3. Return all waterbody banks to preconstructioncontours or to a stable angle of repose as approvedby the Environmental Inspector.

4. Application of riprap for bank stabilization mustcomply with COE, or its delegated agency, permitterms and conditions.

5. Unless otherwise specified by state permit, limitthe use of riprap to areas where flow conditionspreclude effective vegetative stabilizationtechniques such as seeding and erosion controlfabric.

6. Revegetate disturbed riparian areas withconservation grasses and legumes or native plantspecies, preferably woody species.

7. Install a permanent slope breaker across theconstruction right-of-way at the base of slopesgreater than 5 percent that are less than 50 feetfrom the waterbody, or as needed to prevent sedimenttransport into the waterbody. In addition, installsediment barriers as outlined in the Plan.In some areas, with the approval of theEnvironmental Inspector, an earthen berm may besuitable as a sediment barrier adjacent to thewaterbody.

8. Sections V.C.3. through V.C.6. above also apply tothose perennial or intermittent streams not flowingat the time of construction.

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D. POST-CONSTRUCTION MAINTENANCE

1. Limit vegetation maintenance adjacent to waterbodiesto allow a riparian strip at least 25 feet wide, asmeasured from the waterbody's mean high water mark,to permanently revegetate with native plant speciesacross the entire construction right-of-way. However, to facilitate periodic pipelinecorrosion/leak surveys, a corridor centered on thepipeline and up to 10 feet wide may be maintained ina herbaceous state. In addition, trees that arelocated within 15 feet of the pipeline that aregreater than 15 feet in height may be cut andremoved from the permanent right-of-way.

2. Do not use herbicides or pesticides in or within 100feet of a waterbody except as allowed by theappropriate land management or state agency.

VI. WETLAND CROSSINGS

A. GENERAL

1. The project sponsor shall conduct a wetlanddelineation using the current Federal methodologyand file a wetland delineation report with theSecretary before construction. This report shallidentify:

a. by milepost all wetlands that would beaffected;

b. the National Wetlands Inventory (NWI)classification for each wetland;

c. the crossing length of each wetland in feet;and

d. the area of permanent and temporary disturbancethat would occur in each wetland by NWIclassification type.

The requirements outlined in this section do notapply to wetlands in actively cultivated or rotatedcropland. Standard upland protective measures,including workspace and topsoiling requirements,apply to these agricultural wetlands.

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2. Route the pipeline to avoid wetland areas to themaximum extent possible. If a wetland cannot beavoided or crossed by following an existing right-of-way, route the new pipeline in a manner thatminimizes disturbance to wetlands. Where looping anexisting pipeline, overlap the existing pipelineright-of-way with the new construction right-of-way. In addition, locate the loop line no more than 25feet away from the existing pipeline unless site-specific constraints would adversely affect thestability of the existing pipeline.

3. Limit the width of the construction right-of-way to75 feet or less. Prior written approval of theDirector is required where topographic conditions orsoil limitations require that the constructionright-of-way width within the boundaries of afederally delineated wetland be expanded beyond 75feet. Early in the planning process the projectsponsor is encouraged to identify site-specificareas where existing soils lack adequate unconfinedcompressive strength that would result inexcessively wide ditches and/or difficult to containspoil piles.

4. Wetland boundaries and buffers must be clearlymarked in the field with signs and/or highly visibleflagging until construction-related grounddisturbing activities are complete.

5. Implement the measures of sections V. and VI. in theevent a waterbody crossing is located within oradjacent to a wetland crossing. If all measures ofsections V. and VI. cannot be met, the projectsponsor must file with the Secretary a site-specificcrossing plan for review and written approval by theDirector before construction. This crossing planshall address at a minimum:

a. spoil control;

b. equipment bridges;

c. restoration of waterbody banks and wetlandhydrology;

d. timing of the waterbody crossing;

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e. method of crossing; and

f. size and location of all extra work areas.

6. Do not locate aboveground facilities in any wetland,except where the location of such facilities outsideof wetlands would prohibit compliance with U.S.Department of Transportation regulations.

B. INSTALLATION

1. Extra Work Areas and Access Roads

a. Locate all extra work areas (such as stagingareas and additional spoil storage areas) atleast 50 feet away from wetland boundaries,except where the adjacent upland consists ofactively cultivated or rotated cropland orother disturbed land.

b. The project sponsor shall file with theSecretary for review and written approval bythe Director, a site-specific construction planfor each extra work area with a less than 50-foot setback from wetland boundaries (exceptwhere adjacent upland consists of activelycultivated or rotated cropland or otherdisturbed land) and a site-specific explanationof the conditions that will not permit a 50-foot setback.

c. Limit clearing of vegetation between extra workareas and the edge of the wetland to thecertificated construction right-of-way.

d. The construction right-of-way may be used foraccess when the wetland soil is firm enough toavoid rutting or the construction right-of-wayhas been appropriately stabilized to avoidrutting (e.g., with timber riprap,prefabricated equipment mats, or terra mats).

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In wetlands that cannot be appropriatelystabilized, all construction equipment otherthan that needed to install the wetlandcrossing shall use access roads located inupland areas. Where access roads in uplandareas do not provide reasonable access, limitall other construction equipment to one passthrough the wetland using the constructionright-of-way.

e. The only access roads, other than theconstruction right-of-way, that can be used inwetlands without Director approval, are thoseexisting roads that can be used with nomodification and no impact on the wetland.

2. Crossing Procedures

a. Comply with COE, or its delegated agency,permit terms and conditions

b. Assemble the pipeline in an upland area unlessthe wetland is dry enough to adequately supportskids and pipe.

c. Use "push-pull" or "float" techniques to placethe pipe in the trench where water and othersite conditions allow.

d. Minimize the length of time that topsoil issegregated and the trench is open.

e. Limit construction equipment operating inwetland areas to that needed to clear theconstruction right-of-way, dig the trench,fabricate and install the pipeline, backfillthe trench, and restore the construction right-of-way.

f. Cut vegetation just aboveground level, leavingexisting root systems in place, and remove itfrom the wetland for disposal.

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g. Limit pulling of tree stumps and gradingactivities to directly over the trenchline. Donot grade or remove stumps or root systems fromthe rest of the construction right-of-way inwetlands unless the Chief Inspector andEnvironmental Inspector determine that safety-related construction constraints requiregrading or the removal of tree stumps fromunder the working side of the constructionright-of-way.

h. Segregate the top 1 foot of topsoil from thearea disturbed by trenching, except in areaswhere standing water is present or soils aresaturated or frozen. Immediately afterbackfilling is complete, restore the segregatedtopsoil to its original location.

i. Do not use rock, soil imported from outside thewetland, tree stumps, or brush riprap to support equipment on the construction right-of-way.

j. If standing water or saturated soils arepresent, or if construction equipment causesruts or mixing of the topsoil and subsoil inwetlands, use low-ground-weight constructionequipment, or operate normal equipment ontimber riprap, prefabricated equipment mats, orterra mats.

k. Do not cut trees outside of the approvedconstruction work area to obtain timber forriprap or equipment mats.

l. Attempt to use no more than two layers oftimber riprap to support equipment on theconstruction right-of-way.

m. Remove all project-related material used tosupport equipment on the construction right-of-way upon completion of construction.

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3. Temporary Sediment Control

Install sediment barriers (as defined in sectionIV.F.2.a. of the Plan) immediately after initialdisturbance of the wetland or adjacent upland. Sediment barriers must be properly maintainedthroughout construction and reinstalled as necessary(such as after backfilling of the trench). Exceptas noted below in section VI.B.3.c., maintainsediment barriers until replaced by permanenterosion controls or restoration of adjacent uplandareas is complete. Temporary erosion and sedimentcontrol measures are addressed in more detail in thePlan.

a. Install sediment barriers across the entireconstruction right-of-way at all wetlandcrossings where necessary to prevent sedimentflow into the wetland. In the travel lane,these may consist of removable sedimentbarriers or driveable berms. Removablesediment barriers can be removed during theconstruction day, but must be re-installedafter construction has stopped for the dayand/or when heavy precipitation is imminent

b. Where wetlands are adjacent to the constructionright-of-way and the right-of-way slopes towardthe wetland, install sediment barriers alongthe edge of the construction right-of-way asnecessary to prevent sediment flow into thewetland.

c. Install sediment barriers along the edge of theconstruction right-of-way as necessary tocontain spoil and sediment within theconstruction right-of-way through wetlands. Remove these sediment barriers during right-of-way cleanup.

4. Trench Dewatering

Dewater the trench (either on or off theconstruction right-of-way) in a manner that does notcause erosion and does not result in heavily silt-laden water flowing into any wetland. Remove thedewatering structures as soon as possible after thecompletion of dewatering activities.

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C. RESTORATION

1. Where the pipeline trench may drain a wetland,construct trench breakers and/or seal the trenchbottom as necessary to maintain the original wetlandhydrology.

2. For each wetland crossed, install a trench breakerat the base of slopes near the boundary between thewetland and adjacent upland areas. Install apermanent slope breaker across the constructionright-of-way at the base of a slopes greater than 5percent where the base of the slope is less than 50feet from the wetland, or as needed to preventsediment transport into the wetland. In addition,install sediment barriers as outlined in the Plan. In some areas, with the approval of theEnvironmental Inspector, an earthen berm may besuitable as a sediment barrier adjacent to thewetland.

3. Do not use fertilizer, lime, or mulch unlessrequired in writing by the appropriate landmanagement or state agency.

4. Consult with the appropriate land management orstate agency to develop a project-specific wetlandrestoration plan. The restoration plan shouldinclude measures for re-establishing herbaceousand/or woody species, controlling the invasion andspread of undesirable exotic species (e.g., purpleloosestrife and phragmites), and monitoring thesuccess of the revegetation and weed controlefforts. Provide this plan to the FERC staff uponrequest.

5. Until a project-specific wetland restoration plan isdeveloped and/or implemented, temporarily revegetatethe construction right-of-way with annual ryegrassat a rate of 40 pounds/acre (unless standing wateris present).

6. Ensure that all disturbed areas successfullyrevegetate with wetland herbaceous and/or woodyplant species.

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7. Remove temporary sediment barriers located at theboundary between wetland and adjacent upland areasafter upland revegetation and stabilization ofadjacent upland areas are judged to be successful asspecified in section VII.A.5. of the Plan.

D. POST-CONSTRUCTION MAINTENANCE

1. Do not conduct vegetation maintenance over the fullwidth of the permanent right-of-way in wetlands. However, to facilitate periodic pipelinecorrosion/leak surveys, a corridor centered on thepipeline and up to 10 feet wide may be maintained ina herbaceous state. In addition, trees within 15feet of the pipeline that are greater than 15 feetin height may be selectively cut and removed fromthe permanent right-of-way.

2. Do not use herbicides or pesticides in or within 100feet of a wetland, except as allowed by theappropriate land management agency or state agency.

3. Monitor and record the success of wetlandrevegetation annually for the first 3 years afterconstruction or until wetland revegetation issuccessful. At the end of 3 years afterconstruction, file a report with the Secretaryidentifying the status of the wetland revegetationefforts. Include the percent cover achieved andproblem areas (weed invasion issues, poorrevegetation, etc.). Continue to file a reportannually until wetland revegetation is successful.

4. Wetland revegetation shall be considered successfulif the cover of herbaceous and/or woody species isat least 80 percent of the type, density, anddistribution of the vegetation in adjacent wetlandareas that were not disturbed by construction. Ifrevegetation is not successful at the end of 3years, develop and implement (in consultation with aprofessional wetland ecologist) a remedialrevegetation plan to actively revegetate thewetland. Continue revegetation efforts untilwetland revegetation is successful.

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VII. HYDROSTATIC TESTING

A. NOTIFICATION PROCEDURES AND PERMITS

1. Apply for state-issued water withdrawal permits, asrequired.

2. Apply for National Pollutant Discharge EliminationSystem (NPDES) or state-issued discharge permits, asrequired.

3. Notify appropriate state agencies of intent to usespecific sources at least 48 hours before testingactivities unless they waive this requirement inwriting.

B. GENERAL

1. Perform non-destructive testing of all pipelinesection welds or hydrotest the pipeline sections,before installation under waterbodies or wetlands.

2. If pumps used for hydrostatic testing are within 100feet of any waterbody or wetland, address theoperation and refueling of these pumps in theproject’s Spill Prevention and Response Procedures.

3. The project sponsor shall file with the Secretarybefore construction a list identifying the locationof all waterbodies proposed for use as a hydrostatictest water source or discharge location.

C. INTAKE SOURCE AND RATE

1. Screen the intake hose to prevent entrainment offish.

2. Do not use state-designated exceptional valuewaters, waterbodies which provide habitat forfederally listed threatened or endangered species,or waterbodies designated as public water supplies,unless appropriate Federal, state, and/or localpermitting agencies grant written permission.

3. Maintain adequate flow rates to protect aquaticlife, provide for all waterbody uses, and providefor downstream withdrawals of water by existingusers.

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4. Locate hydrostatic test manifolds outside wetlandsand riparian areas to the maximum extentpracticable.

D. DISCHARGE LOCATION, METHOD, AND RATE

1. Regulate discharge rate, use energy dissipationdevice(s), and install sediment barriers, asnecessary, to prevent erosion, streambed scour,suspension of sediments, or excessive streamflow.

2. Do not discharge into state-designated exceptionalvalue waters, waterbodies which provide habitat forfederally listed threatened or endangered species,or waterbodies designated as public water supplies,unless appropriate Federal, state, and localpermitting agencies grant written permission.

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