Millennium should not begin construction of the proposed Project until:

a. Phase 1, and any applicable Phase 2, bog turtle surveys have been
completed for all wetlands within the 300-foot survey corridor and
survey concurrence from the FWS and NYSDEC has been filed
with the Secretary;

b. the FERC staff completes Section 7 consultation with the FWS for
Indiana and northern long-eared bats, and bog turtles if necessary;
and

c. Millennium has received written notification from the Director of

the OEP that construction and/or use of mitigation (including
implementation of conservation measures) may begin.

5. Land Use and Visual Resources

5.1 Land Use

The proposed pipeline would cross multiple land types in Orange County, New
York, the majority of which would be agricultural land (4.0 miles) or forested land (2.7
miles). Other land uses crossed include open land (0.7 mile), industrial/commercial land
(0.4 mile), wetlands (0.2 mile), and open water (0.1 mile). In addition, about 1.8 miles
(23 percent) of the 7.9-mile pipeline would be adjacent to existing rights-of-way. The
Valley Lateral Project would affect 117.1 acres of land during construction, including
pipeline construction right-of-way, ATWS, aboveground facilities, access roads, and
pipeyards. Of the 117.1 acres, about 63.3 acres would be restored to pre-construction
uses. The remaining 53.8 acres would be within the operational footprint of the proposed
Project. Table B-9 summarizes the Projects temporary (construction) and permanent
(operational) land use impacts. Impacts on open water and wetlands are discussed in
sections B.2.2 and B.2.3, respectively.

Agricultural Land

Construction of the proposed Project would affect 71.3 acres of agricultural land,
which is defined by the presence of active crop production. Crops produced in
agricultural lands crossed by the proposed Project include hay, corn, and soybeans; no
areas of specialty crop production would be crossed. Within actively cultivated or rotated
croplands, managed pastures, and hayfields, topsoil would be stripped and stockpiled
separately from the subsoil.

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 Table B-9
Land Use Affected by Construction and Operation (in Acres) of the Valley Lateral Projecta

Upland Open Industrial/ Open

Agricultural Wetlandsb Residential Total
Facility Forest Land Commercial Water

Conc Opd Con Op Con Op Con Op Con Op Con Op Con Op Con Op

Pipeline Facilities
Pipeline
Pipeline ROW 35.6 24.2 16.9 11.4 4.1 2.8 0.8 0.3 0.9 0.6 0.2 0.2 0.0 0.0 58.4 39.4
ATWS 20.9 0.5e 5.0 0.0 2.4 0.0 0.9 0.0 0.8 0.0 0.0 0.0 0.0 0.0 30.1 0.5
Subtotal 56.5 24.7 21.9 11.4 6.4 2.8 1.7 0.3 1.7 0.6 0.2 0.2 0.0 0.0 88.5 39.9
Access Roads 6.7 1.8 1.2 0.1 0.6 0.0 1.7 1.1 0.0 0.0 0.0 0.0 0.1 0.0 10.3 3.1
Pipeyards 8.0f 8.0f 1.6f 1.6f 0.0 0.0 7.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 17.1 9.6
Aboveground Facilities
Pig Launcher/Tap
0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2
Valve
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Pig Receiver 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2
Meter Station 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.2
Meter Station Piping 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.4 0.2 0.2 0.0 0.0 0.0 0.0 0.6 0.6

Subtotal 0.2 0.2 0.0 0.0 0.0 0.0 0.9 0.9 0.2 0.2 0.0 0.0 0.0 0.0 1.2 1.2

Project Total 71.3 34.7 24.8 13.1 7.1 2.8 11.8 2.3 1.9 0.8 0.2 0.2 0.1 0.0 117.1 53.8
a The numbers in this table have been rounded for presentation purposes. As a result, the totals may not reflect the sum of the addends.
b The wetlands category includes both forested and non-forested wetlands.
c Con = Construction. Construction impact acreages are based on a temporary right-of-way between 75 and 135 feet. Impacts do not include the area between HDD
entry and exit points, where impacts would be limited to hand-clearing a maximum 10-foot-wide footpath.
d Op = Operation. The operational footprint is based on a 50-foot-wide permanent right-of-way in uplands and wetlands. However, Millennium does not intend to
maintain the permanent right-of-way in non-forested wetlands and would only maintain a maximum of a 30-foot-wide corridor within forested wetlands; therefore,
actual impacts on wetlands during operation may be less.
e This permanent impact is associated with a parcel that Millennium plans to purchase as described in section A.5.1.
f Millennium has purchased the property for pipeline CY-2, which includes 8.0 acres of agricultural land and 1.6 acres of forested uplands. Millennium would convert
the agricultural land to open land, but would retain the trees; therefore, no permanent impact on forested acreage within pipeyard CY-2 would occur.
 Millennium anticipates that one growing season would be lost due to construction;
however, landowners would be compensated for these production losses in accordance
with the terms of individual landowner agreements. Following construction, Millennium
would visually inspect agricultural lands to ensure that crop vigor in areas affected by
construction was similar to those of adjacent portions of the same field. Impacts on
prime farmland and farmland of statewide importance are discussed in section B.1.2.

Operations would affect 34.7 acres of agricultural land. Of this, 24.2 acres would
be within the proposed permanent pipeline right-of-way, which would be restored in
accordance with FERCs Plan following construction so that the full right-of-way could
be used for crop production the following season. Millennium would purchase the land
used for pipeyard CY-2 (9.6 acres at MP 0.0, of which 8.0 acres is agricultural), and a
related 0.5-acre ATWS and would convert agricultural land within both to open land after
construction. The remaining 2.0 acres would be permanently affected by access roads or
an aboveground facility (a pig launcher). Millennium would mitigate for the permanent
loss of agricultural lands according to the terms of individual landowner agreements.

The proposed Project, including piping associated with the tap valve and meter
station, would cross about 6.6 miles of lands within Orange County Agricultural District
No. 2, designated by Orange County and the NYSDAM for protection from non-
agricultural uses (see table B-10). For those lands affected by construction or within the
permanent pipeline right-of-way, which would be returned to agricultural use,
Millennium anticipates that the Project would comply with the purpose of the districts
program. Millennium has purchased those designated agricultural lands that would be
permanently converted to non-agricultural uses.

Millennium would implement its ECS, which includes measures listed in the
FERC Plan and NYSDAMs pipeline construction guidance (NYSDAM 2011).
NYSDAMs pipeline construction guidance measures would include:

burying pipelines in cropland, hayland, and improved pasture so that a minimum

cover of 4 feet is obtained;

providing temporary livestock crossings, temporary farm equipment crossings, and

fencing around open trench, where needed by the landowner;

placing geotextile matting over subsoils prior to using gravel for access ramps
placed in agricultural areas to prevent gravel from becoming embedded into the
subsoil; and

providing a phone number to farm owners/operations that can be used to directly

contact Millennium staff through all stages of the Project.

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 Table B-10
Orange County Agricultural District Parcels Crossed by the Proposed Project
Permanent
Crossing Length
Facility Start MP End MP Operational
(feet)
Impact (acres)
-0.1a 0.0 464 --

0.0 0.4 2,256 --

0.4 0.7 1,379 --

0.7 2.1 7,241 --

2.1 2.4 1,710 --

Pipeline 2.4 3.0 3,004 --

3.0 5.4 12,467 --

6.3 6.7 1,693 --

6.7 7.3 3,374 --

7.6 7.6 18 --

7.7 7.8 382 --

Pig Launcher/Tap --
0.0 300c 0.2
Valve
Pig Receiverb 7.8 -- -- 0.2
Meter Station and --
7.8 533c 0.8
Pipingb
Project Total 34,821 1.2
a Negative mileposting is used to denote approximately 0.1 mile of pipe added to the Project after Millennium filed its
application.
b Although these lands are designated as agricultural, they are currently being developed as part of the CPV Valley Energy
Plant and are categorized as industrial/commercial lands and wetlands, as applicable, in table B-9.
c
This crossing length is associated with facility piping.

No drain tile systems have been identified in the Project area during landowner
discussions; however, if present within the right-of-way, Millennium would develop a set
of specific mitigation measures with the landowner prior to beginning construction.
Work in proximity to these systems would be conducted in accordance with
Millenniums ECS.

With implementation of Millenniums ECS, which incorporates the FERC Plan

and certain measures from NYSDAMs pipeline construction guidance (NYSDAM
2011), impacts on agricultural lands would generally be minor and temporary. Minor
permanent impacts would also occur associated with the land use conversion of 2.0 acres
of agricultural land to industrial lands at access roads and the pig launcher and removal of
8.0 acres from active production at the pipeyard CY-2.

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