N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-1.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 85-1.2 - Filing and service of notices of intention

(a) Any NOI filed by an applicant to construct a fuel gas transmission line less than five miles long and six inches or less in nominal diameter shall contain:

(1) the dates on or about which the applicant intends to begin construction of the line;

(2) a brief statement describing and locating the line (using text and a topographic map at a scale of 1:24,000--1 inch = 2,000 feet--or larger with legend), including:

(i) its length (and the nominal diameter of its segments), including markers required by paragraph 9 of Appendix 14-K of 16 NYCRR Part 255; [FN3]

(ii) depth at which pipe will be buried;

(iii) maximum allowable operating pressure (psig);

(iv) R/W width;

(v) width of any area to be cleared;

(vi) any known underground facilities to be crossed or paralleled; 3

(vii) name or permit number of any wells to be connected to the line; 3

(viii) the point where the line connects to another pipeline (giving the nominal diameter of such line and the owner's name);3

(ix) existing or proposed access roads to be used for construction and maintenance of the line and any associated compressor station; 3

(x) for any new or expanded compressor station,3 a site development plan (at a scale of at least 1 inch = 20 feet), showing: location; setbacks to property lines; structures (giving profile, materials and finish); grading and landscaping; drainage provisions; number, type, size and model of the compressor(s) and silencer(s); and the materials and design of any noise abatement structures; and

(xi) the name of every municipality in which any portion of the line is to be located;3

(3) an indication of which measures and techniques from the approved EM&CS&P to which the applicant has agreed (or any site-specific modification thereof) will be followed in an effort to minimize or avoid adverse environmental impact on sensitive resources affected by the line(s) to the maximum extent practical, which resources include:[FN4]

(i) existing and officially approved planned residential, commercial, industrial, institutional, recreational and agricultural land uses; [FN5]

(ii) ecosystem resources, including highly erodible soils,[FN6] wetlands, flood plains, streams, springs, wells, unique old-growth forests, active sugarbushes, productive timber stands,[FN7] trees listed in the Registry of Big Trees in New York State and habitats of rare, threatened and endangered species (from wetlands on, these resources can be identified in cooperation with the landowner and the Department of Environmental Conservation);

(iii) officially designated visual resources,[FN8] including scenic areas, roads, vistas and overlooks; and

(iv) officially designated cultural resources,8 including archaeological sites and historic districts, places and properties.

(b) The applicant shall file and serve the NOI, in accordance with the requirements of section 3.5 of this Title and serve one copy on the chief executive officer of every municipality in which any portion of the line is to be located.[FN9] Proof of service shall accompany the NOI.

(c) If an applicant wishes to construct and operate a line without obtaining a permit from any other State agency, municipality or agency thereof, the NOI shall contain, in addition to the information required by subdivision (a) of this section:

(1) a request that the line(s) included in it be reviewed under section 121-a (7) of the Public Service Law;

(2) a list of applicable State and local laws and regulations issued thereunder, including copies of any local ordinance, law, resolution or other action, any regulation issued thereunder, or any local standard or requirement that, as applied to the line, the applicant believes to be unreasonably restrictive in view of the existing technology, factors of cost or economics or the needs of consumers;[FN10] and

(3) a request that the commission make the determination set forth in section 126 (1)(f) of the Public Service Law.

(d) If the NOI contains the request set forth in paragraph (c)(1) of this section, the applicant shall serve one copy on each State agency which has the authority to administer and enforce compliance with any legal provision cited in response to the requirement of paragraph (c)(2) of this section. The applicant shall serve the commissioner unless an agency has regional offices; in such case, a copy shall also be sent to the regional office. [FN11] Proof of service shall accompany the NOI.

[FN3] This item shall be shown on the map, which shall cover the entire project area.

[FN4] The applicant shall provide the name, title and qualifications of the company representatives directly responsible for seeing that all environmental requirements are fully met.

[FN5] Concerning agricultural land use, the applicant shall, in cooperation with the landowner(s) and Soil and Water Conservation District, consider both active and inactive fields. Active and inactive fields, by definition, are cropland, rotation hayland and cropland, hayland, livestock grazing areas, orchards and vineyards. The applicant shall also identify those areas containing practices for agricultural resources management, including strip-cropping, diversion terraces, underground tile drain lines, surface drainage ditches, and waste management conveyance and storage systems.

[FN6] To aid in the selection of measures and techniques for minimizing adverse environmental impact on the soil's resource, the applicant should contact the county office of the U.S. Department of Agriculture, Soil Conservation Service, to identify the soil type(s) and slope(s) and respective limitations, including the depth of the topsoil, depth from surface to bedrock, and soil drainability.

[FN7] Productive timber stands are viable or potential commercial forest stands composed of saplings (0-5 inches in diameter), poles (6-11 inches in diameter) and/or mature trees (12 inches plus in diameter).

[FN8] Designated and listed by the State, county, town, city or incorporated village. This includes listings by the State Historic Preservation Officer and the National and State Registers for historic and cultural sites.

[FN9] Provision of additional copies directly to county and town planners, and county, town, city or village highway superintendents, will expedite the certification process.

[FN10] To satisfy this requirement, a list of State and local permits will usually be sufficient. This list might include wetland permits, stream-crossing permits, road-crossing permits, or any other State or municipal permit. The applicant's filing of a road-crossing permit form with the Department of Transportation does not alter the commission's jurisdiction as the ultimate decision making authority with respect to the siting of fuel gas transmission lines.

[FN11] Before filing copies with the commission, the applicant should contact the appropriate regional office to obtain the name and address of the official who should be served.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-1.2