20171102-5036 FERC PDF (Unofficial) 11/1/2017 5:08:28 PM

One Blue Hill Plaza, 7th Floor

Post Office Box 1565
Pearl River, NY 10965
845.620.1300 Voice | 845.620.1320 Fax

November 1, 2017

Ms. Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426

Re: Millennium Pipeline Company, L.L.C.

Valley Lateral Project, Docket No. CP16-17-000
Supplemental Information Agency Correspondence

Dear Ms. Bose:

On November 9, 2016, the Federal Energy Regulatory Commission (Commission or

FERC) issued an Order Denying Motion to Dismiss and Issuing Certificate (Order) for
Millennium Pipeline Company, L.L.C.s (Millennium) Valley Lateral Project (Project). 1
The Project is required to serve the CPV Valley Energy Center, a combined-cycle natural gas-
fired power plant with a capacity of 680 megawatts, nearing completion in the Town of
Wawayanda, New York. On October 27, 2017, the Commission granted Millennium a Notice to
Proceed with Construction for the Project. Attached herewith is additional correspondence with
the U.S. Fish and Wildlife Service.

Description of Items Being Filed

Public
U.S. Fish and Wildlife Service Request for Concurrence

Privileged and Confidential

Location Figure

As indicated above, this filing contains critical energy infrastructure information marked
PRIVILEGED AND CONFIDENTIALDO NOT RELEASE and should be treated as
confidential for use by Commission Staff only and should not to be released to the public.
Millennium is filing the additional information pursuant to the Commissions guidelines for
eFiling. If you have any questions regarding this filing, please contact me at 845-620-1300.

1
Millennium Pipeline Co., L.L.C., 157 FERC 61,096 (2016) (Order).

www.millenniumpipeline.com
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Respectfully submitted,

/s/ Georgia Carter

Georgia Carter
Vice President and General Counsel
Millennium Pipeline Company, L.L.C.

Attachments

cc: Danny Laffoon (Commission staff)

Anthony Rana (Commission staff)
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ATTACHMENT 1
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OneBlueHillPlaza,7thFloor
PostOfficeBox1565
PearlRiver,NY10965
845.620.1300Voice|845.620.1320Fax

November 1, 2017

U.S. Fish and Wildlife Service

New York Field Office
Attn: Mr. Tim Sullivan
3817 Luker Road
Cortland, NY 13045

Re: Request for Concurrence Bald and Golden Eagle Protection Act
Millennium Pipeline Company, L.L.C. Valley Lateral Project
Orange County, New York
Consultation Codes: 05E1NY00-2015-SLI-1036, 05E1NY00-2015-SLI-1037, 051EN00-
2015-SLI-1519, 051ENY00-2015-SLI-1520, and 05E1NY00-2015-SLI-1521

Dear Mr. Sullivan:

Based upon new information received from the U.S. Fish and Wildlife Service (USFWS) on September 28,
2017 regarding a bald eagle (Haliaeetus leucocephalus) nest identified in proximity to the Valley Lateral
Project pipeline alignment, Millennium Pipeline Company, L.L.C. (Millennium) is providing information
with respect to construction and operation activities and potential Project-related impacts. The Project
includes approximately 7.8 miles of new natural gas pipeline to service the CPV Valley Plant in Orange
County, New York. Millennium has received a Certificate of Public Convenience and Necessity from the
Federal Energy Regulatory Commission (FERC) on November 9, 2016.

Millennium has been in consultation with USFWS and other federal and state regulatory agencies since the
inception of the FERC Pre-Filing process in 2015. Per the FERC Environmental Assessment, No active
bald eagle nests were identified by Millennium during field surveys and no additional records of bald eagle
nests were identified within 2.5 miles of the Project location during Millenniums consultation with the
New York State Department of Environmental Conservation. However, bald eagles may establish new
nests over time. Millennium stated that, in the event that a newly encountered bald eagle nest is identified
in the Project area, it would coordinate with the USFWS for concurrence prior to beginning construction in
the vicinity of the nest and would implement the USFWS recommendations to avoid disturbance at bald
eagle nest sites.

Based on the information received from USFWS, the bald eagle nest in located in the vicinity of the Project
pipeline workspace at approximate milepost 5.3 in the Town of Wawayanda, Orange County (see attached
figure). To confirm the presence of the nest and attempt to determine whether or not it is active, Millennium
contracted Kathy Mitchell of KT Wildlife, LLC to conduct a field review of the identified location. The
field review was conducted on September 29, 2017 and confirmed the location of a nest in a white pine
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U.S. Fish and Wildlife Service Consultation

Valley Lateral Project

(Pinus strobus) tree. Based on the condition of the nest and lack of evidence (feathers, fish scales, scat,
etc.), the nest did not appear to have been used during the 2016 / 2017 breeding season. No adult or juvenile
eagles were identified in the proximity of the nest during the field visit which took place in the late afternoon
(4:30 5:00 pm). Recent residential development is located within less than 100 feet of the nest to the
southwest, and the limits of the Project workspace are located approximately 120 feet northwest of the nest.
The lack of evidence and proximity of recent development suggests that the nest has potentially been
abandoned.

Millennium is currently in the process of requesting a Notice to Proceed with construction activities from
FERC and may initiate tree clearing as early as early November 2017. Per discussion with USFWS,
Millennium is providing information regarding the proposed activities within proximity of the nest and an
assessment of the Projects potential impact on the nest location in the event the nest is occupied during the
2017 / 2018 breeding season.

Bald Eagle Nesting Impact Assessment

Construction activities in the vicinity of the identified eagle nest include tree clearing, grading, and pipeline
installation within the construction right-of-way. Blasting is not anticipated to be required for installation
of the pipeline within -mile of the identified nest location. No horizontal directional drill or conventional
bore activity is proposed within 660 feet of the identified nest. The location of the identified nest is within
the 660 foot minimum distance in the USFWS National Bald Eagle Management Guidelines (2007) for
construction disturbance and is within the 330 minimum distance for tree clearing.

Construction activities within 660 feet of the identified eagle nest include open-trench pipeline construction.
Open-trench pipeline construction will consist of construction vehicle and equipment traffic and
construction work crew activity. Tree clearing for the Project is proposed to be completed between October
30, 2017 and March 31, 2018. Currently, there is an approximate 104-foot buffer consisting of mixed
evergreen-deciduous forest between the limits of the construction right-of-way and the identified nest.
Subsequent to construction, the only activity to occur within the permanent right-of-way is periodic
vegetation management activities to maintain the right-of-way in an early successional stage. Per FERC
requirements, no vegetation management may occur between April 15 and August 1.

If the nest is occupied during construction, there is the potential for construction noise and activity to disturb
eagles during the egg-laying and incubation period. Excessive activity or noise in the vicinity of the nest
at this time can result in the abandonment of the nest. After the young have hatched, the adult eagles are
somewhat less likely to abandon them; however disturbance which results in the adults leaving the nest for
extended periods of time makes the chicks more susceptible to predation and overheating.

Impact Avoidance and Mitigation Measures

Based on the National Bald Eagle Management Guidelines, the Project is considered a Category A activity
- construction of roads, trails, canals, power lines, and other linear utilities. Since the proposed construction
activity is located within the 660-foot minimum distance for construction activities recommended by the
USFWS, Millennium proposes to clear trees and install the pipeline within this area (approximate MP 5.2
to 5.4) prior to January 1st, 2017 contingent upon receipt of Notice to Proceed (NTP) from FERC.
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ENCLOSURE

Bald Eagle Nest Location Figure

PRIVILEGED AND CONFIDENTIAL NOT

FOR PUBLIC RELEASE
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CERTIFICATE OF SERVICE

Pursuant to Rule 2010 of the Commissions Rules of Practice and Procedure, 18

C.F.R. 385.2010 (2017), I hereby certify that I have this day served the foregoing

document upon each person designated on the official service list compiled by the

Secretary in this proceeding.

Dated at Washington, D.C., this 1st day of November, 2017.

/s/ Marco Bracamonte

Marco A. Bracamonte
Van Ness Feldman LLP
1050 Thomas Jefferson St., N.W.
Seventh Floor
Washington, D.C. 20007-3877
(202) 298-1800
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Document Content(s)

Valley Supplemental Agency Correspondence 110117.PDF..................1-8