PROPOSED STIPULATION 11

PROPOSED STIPULATION NO. 11: WATER RESOURCES

The application to be submitted will include a study of the water resource impacts of the construction and operation of the Project. The applicant will propose no new or modified surface water intakes in the East River or adjacent waterways.

Regarding water resource impacts, the applicant will provide:

WATER SUPPLY

1. An estimate of the hourly and daily peak and the hourly and daily average water supply needs and consumptive water losses of the Project, in gallons, for each day of a typical year, broken down by power production (for both gas and oil fired modes) and domestic uses, with daily, monthly and annual totals;

2. An estimate of the daily peak, daily average, and fire suppression peak and average flow rate needs of the Project in gallons per minute (for both gas and oil fired modes);

3. A description of the methodology used (i.e. estimate, comparison, data, calculation) to prepare the water supply needs and minimum and maximum flow rate estimates stating all factors used;

4. A description of the water chemistry requirements for water to be supplied to the Project, indicating any requirements that are more stringent than New York State standards for potable water, and describing any additional water treatment that will be necessary to obtain the desired chemistry;

5. An identification of the water supply source or sources to be used by the Project. Alternative water sources are the Newtown Creek WPCP, Brooklyn-Queens Aquifer, and City Municipal Water Supply. For the chosen source or sources, the analysis will include:

(a) An analysis of the available capacity of the water supply source in terms of quantity, quality, and pressure;

(b) A cumulative analysis of the impacts of such project water usage during both normal and drought periods on other users of the water supply source;

(d) The impact of the Project on excess infrastructure capacity, including distribution piping, mains, pumps, storage, or additional supply.

6. A description of the status of negotiations, or a copy of agreements that have been executed, with municipalities, public authorities, companies or individuals for providing water to the Project.

7. An identification and evaluation of other reasonable mitigation measures, including the use of potential alternative supply sources including on?site sub?surface wells, water storage, and offsetting water conservation, to avoid or minimize water supply impact, and including a contingency plan for periods of drought or water emergency describing thresholds for water use curtailment.

WASTEWATER

8. A water balance diagram for average and maximum water use operating conditions for the Project that shows in detail all water sources, plant water uses, water treatment facilities, wastewater treatment facilities, and wastewater discharges;

9. An identification and description of any process wastewater generation from the Project, including an estimate of the hourly and daily peak and average volumes and effluent characteristics;

10. An identification and evaluation of reasonable mitigation measures to avoid or minimize wastewater generation and disposal impacts;

11. An identification and description of all disposal methods for wastewater generated from the Project, including a review of all options explored for process wastewater disposal, including discharging to municipal sewer systems, aquifer recharge areas, in ground discharges, including, as applicable, an analysis of the impacts on water quality and quantity in affected groundwater resources, and an analysis of the impacts of any out?of?basin transfers;

12. An identification and description, including conceptual plans and locations, for all wastewater sewer mains or other improvements, structures or means of interconnection with the Project site for the purposes of wastewater disposal, including a description of available capacity and any limitations on wastewater disposal capacity;

13. A description of the status of negotiations, or a copy of agreements that have been executed, with municipalities, companies or individuals for receiving wastewater from the Project including any restrictions on Project wastewater disposal;

14. An identification and description of any water treatment that will be required prior to discharge as well as the effluent limitations that will need to be met;

GROUNDWATER

15. A map of the Project site showing the depth to the high groundwater table in ten-foot increments and a description of seasonal fluctuations in the Brooklyn-Queens Aquifer;

16. A map based on publicly available information identifying the nearest public or private groundwater wells used for drinking water purposes, and identifying groundwater flow direction and groundwater quality, and including delineation of well water and aquifer protection zones that may be impacted by the project;

17. An analysis and evaluation of all reasonably potential impacts created by the construction or operation of the Project on the resources identified in Clause 16 above;

18. An identification and evaluation of reasonable mitigation measures, including the use of water storage, and offsetting water conservation, to avoid or minimize groundwater impacts

19. A description of spill prevention and control measures to be in place for oil, ammonia and other chemicals.

SURFACE WATERS

20. A description of the water quality, flow and other characteristics of the East River and the Bushwick Inlet.

21. An identification of the extent of all Waters of the State of New York and the United States that may be impacted by the Project or interconnections;

22. A description based on publicly available information of the characteristics of all Waters of the State of New York and the United States identified in paragraphs 20 and 21 above;

23. An analysis of the impact of the construction and operation of the Project and interconnections on the surface waters identified in paragraphs 20 and 21 above;

24. An identification of any nearby surface water drinking water supply intakes.

25. An identification and evaluation of reasonable mitigation measures to avoid or minimize impacts on Waters of the State of New York and the United States and the other surface waters identified in paragraph 20 and 21 above; including the precautions that will be taken to minimize dredging impacts (if any) and assure compliance with water quality standards.

AQUATIC

26. A description based on publicly available information of the aquatic resource characteristics of surface water features identified in paragraphs 20 and 21, if any;

27. An analysis of the impact of the construction and operation of the Project and interconnections on the aquatic resources identified in paragraph 26 above;

28. An identification and evaluation of reasonable mitigation measures, including the use of alternative technologies, to avoid or minimize aquatic resource impacts identified in paragraph 27 above.

WETLANDS

To the extent consistent with the following paragraphs contained in this stipulation, the methodology for assessing the potential impacts to wetlands will follow the procedures and use predictive data provided in the following documents:

For identifying the appropriate vegetation, hydrology, and soils criteria which would define Federal?jurisdictional wetlands, the US Army Corps of Engineers Wetlands Delineation Manual (1987);

29. An identification of the extent of all federal wetlands and state regulated tidal wetlands that may be impacted by the Project or interconnections;

30. An identification of the extent of all federal wetlands and state regulated tidal wetlands that may be impacted by the interconnections;

31. A description of the characteristics of all federal wetlands and state regulated tidal wetlands identified above, including a description of the vegetation, soils, and hydrology data collected for each of wetland sites identified, based on actual on?site wetland observations;

32. An on?site identification and delineation of all federal, state, and town regulated wetlands identified above;

33. A survey or coordinate map of the location of all federal wetland and state regulated tidal wetland boundaries identified above;

34. An identification and evaluation of reasonable mitigation measures, including the use of alternative technologies and control of potential phosphorus and nitrogen sources from the Project, to avoid or minimize wetlands impacts (if any);

CONSTRUCTION/OPERATION STORM WATER RUNOFF

35. The Application will contain:

(a) A description of all techniques that will be used to prevent storm water contamination, and a conceptual site plan showing all intended structures and improvements to prevent storm water contamination, including chemicals, fuel oil or other contaminants from storage facilities, product delivery, plant operation, plant maintenance, and waste handling activities;

(b) An identification and evaluation of reasonable mitigation measures, including the use of alternative technologies, to avoid or minimize storm water quality impacts.

EROSION CONTROL

36. The Application will include a description of all techniques that will be used to provide soil erosion control during construction activities. A conceptual soil erosion control plan will be provided.

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