5696 (32086777)

20170406-5696 FERC PDF (Unofficial) 4/6/2017 4:26:40 PM
April 6, 2017
Ms. Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Re: Tennessee Gas Pipeline Company, L.L.C., Docket No. CP14-529-000

Connecticut Expansion Project
Request for Notice to Proceed with Construction
Dear Ms. Bose:
Tennessee respectfully renews its request that the Commission issue a Notice to Proceed (NTP)
with construction activities for all portions of the Project in Connecticut, Massachusetts, and New York.
On March 11, 2016, the Federal Energy Regulatory Commission (the Commission) issued its
Order Issuing Certificate (Order) in the above-referenced docket for Tennessee Gas Pipeline Company,
L.L.C.s (Tennessee) Connecticut Expansion Project (the Project).1 In the Order, the Commission
found that its approval of the Project, which is designed to serve the natural gas transportation capacity
needs of three New England local distribution companies (LDCs), is required by the public
convenience and necessity. Tennessee filed to accept the Order on March 14, 2016 and filed its
Implementation Plan for the Project on March 22, 2016.
Tennessee has received all federal permits required to clear trees for the Project. The
Massachusetts Department of Environmental Protection (Mass DEP) issued a Clean Water Act
(CWA) Section 401 water quality certification (WQC) for the Project in Massachusetts on June 29,
2016 (which was affirmed by the Deputy Commissioner of the Mass DEP in a final decision on the water
quality certificate issued on March 27, 2017, as amended on April 5, 2017). The tribal consultation
process conducted pursuant to Section 106 of the National Historic Preservation Act is also complete for
the Project. Tennessee has also executed firm contracts equal to the level of service for the Project and in
accordance with Ordering Paragraph (E) of the Order. Attachment A to this filing contains a table listing
all of the federal permits and clearances and copies of all of the federal permits and clearances required
for construction activities in Connecticut, Massachusetts, and New York. Concurrent with this request,
Tennessee is also requesting separately a request for Notice to Proceed with tree clearing for all portions
of the Project.
Tennessee respectfully requests that the Commission issue a NTP for the Project as discussed
above as soon as possible, but no later than April 13, 2017, so that Tennessee can mobilize its contractor
and conduct environmental and safety training for the Project. Granting Tennessees NTP will help
Tennessee place the Project in service by November 1, 2017, in a manner that maximizes the protection
of migratory bird habitat, and provides Tennessees LDC customers much needed fuel for the winter
heating season. Attachment B to this filing contains an updated construction schedule for the Project.
1
Tennessee Gas Pipeline Co., L.L.C. 154 FERC 61,191 (2016).

April 6, 2017
Page 2
In accordance with the Commissions filing requirements, Tennessee is submitting this filing with
the Commissions Secretary through the eFiling system. Tennessee is also providing complete copies of
this filing to the Office of Energy Projects and to all parties on the official service list for the above-
referenced docket. Any questions concerning this filing should be addressed to the undersigned at (713)
420-6547.
Respectfully submitted,
TENNESSEE GAS PIPELINE COMPANY, L.L.C.
By: /s/ Mosby Perrow

Mosby Perrow
Assistant General Counsel
Attachments
cc: Elaine Baum (Commission Staff)

Eric Howard (Commission Staff)
All parties
ATTACHMENTA
FEDERALPERMITSANDCLEARANCES
TENNESSEEGASPIPELINECOMPANY,L.L.C.
CONNECTICUTEXPANSIONPROJECT
CP14529000

TENNESSEE GAS PIPELINE COMPANY, L.L.C., DOCKET NO. CP14-529-000
CONNECTICUT EXPANSION PROJECT
FEDERAL PERMITS AND CONSULTATIONS REQUIRED FOR CONSTRUCTION
Permit/Clearance Permit/Clearance
Agency Authorization Date Submitted Issuance Date Expiration Date Comments/Status Tab No.
FEDERAL
Rare, Threatened and September 9, 2013 March 24, 2016 N/A Biological Opinion for 1
U.S. Fish and Wildlife Service Endangered Species Dwarf Wedgemussel
(FWS) New England Field issued August 12, 2016
Office Bald and Golden Eagle November 5, 2015 August 16, 2016 N/A USFWS delegated review 1
Protection Act of this issue to the state of
Massachusetts and
Connecticut. No bald
eagles identified by CT
DEEP (3/28/2016) and
NHESP (3/29/2016).
1
Northern Long Eared Bat September 14, 2015 April 12, 2016 December 31, 2022 USFWS stated in letter to
Tennessee dated April 12,
2016 that any resulting
incidental take of the
northern long-eared bat is
not prohibited by the final
4(d) rule, and also that no
time of year restriction for
tree felling is applicable to
the Project.
Migratory Bird Treaty Act Submitted request for tree April 12, 2016 N/A USFWS stated in letter to 1
felling to May 1, 2016 on Tennessee dated April 12,
March 7, 2016 2016 that no time of year
restriction for tree felling is
applicable to the Project.
Rare, Threatened and September 9, 2013 June 24, 2016 N/A No Effect (for Northern 2
U.S. Fish and Wildlife Service Endangered Species Clearance Long-Eared Bat, Indiana
(FWS) - New York Field Office April 12, 2016 Bat and Migratory Bird
Treaty Act)
Bald and Golden Eagle November 5, 2015 February 23, 2016 N/A None identified 2
Protection Act
USFWS stated in letter to 2
Northern Long Eared and September 14, 2015 April 12, 2016 December 31, 2022 Tennessee dated April 12,
Indiana Bat 2016 that any resulting
incidental take of the
northern long-eared bat is
not prohibited by the final
4(d) rule, and also that no
time of year restriction for
tree felling is applicable to
the Project.
Migratory Bird Treaty Act Submitted request for tree April 12, 2016 N/A USFWS stated in letter to 2
felling to May 1, 2016 on Tennessee dated April 12,
March 2, 2016 2016 that no time of year
restriction for tree felling is
applicable to the Project.
U.S. Army Corps of Engineers, Clean Water Act, Section 404 August 1, 2014 September 2, 2016 March 18, 2020 N/A 3
New York District
U.S. Army Corps of Engineers, Clean Water Act, Section 404 July 23, 2014 January 13, 2017 January 31, 2023 N/A 3
New England District
U.S. Environmental Protection National Pollutant Discharge February 17, 2017 March 9, 2017 February 16, 2022 General Permit NOI was 4
Agency Elimination System submitted on February 23,
and 14 day hold period
expired on March 9, 2017,
therefore permit is now
active.
STATE-DELEGATED FEDERAL AUTHORIZATION
N/A 5
Massachusetts State Historic Section 106, National Historic Application submitted July August 2014 Letter identifying Historic
Preservation Office - State Preservation Act Consultation 2014 Structures and
Historic Preservation Officer Recommending
(MA SHPO) Avoidance and Protection
Plan
Clearance for Site

February 2015 Avoidance and Protection
Plan for Historic
Structures
September 2015 Clearance for Pipeyards
6
New York State Historic Section 106, National Historic Application submitted July August 2014 N/A Finding of No Adverse
Preservation Office Preservation Act Consultation 2014 Effect
and New York State Office of
Parks, Recreation, and Historic March 2015 Clearance for Avoidance
Preservation Measures for Britt-Luke
Cemetery
7
Connecticut State Historic Section 106, National Historic Application submitted July September 2014 Finding of No Adverse
Preservation Office Preservation Act Consultation 2014 N/A Effect
April 2015
Concurrence finding no
affect after identification of
concrete footings during
archeological
reconnaissance survey
New York Department of Section 401 Water Quality July 25, 2014 February 3, 2016 February 14, 2021 N/A 8
Environmental Conservation Certification
Massachusetts Department of Section 401 Water Quality June 29, 2015 June 29, 2016 January 31, 2023 N/A 9
Environmental Protection Certification
Connecticut Department of Section 401 Water Quality April 23, 2015 October 5, 2016 January 31, 2023 N/A 10
Energy and Environmental Certification
Protection
Connecticut Department of State Pollutant Discharge January 5, 2017 March 23, 2017 September 30, 2018 N/A 11
Energy and Environmental Elimination System
Protection
New York Department of State Pollutant Discharge April 20, 2016 May 5, 2016 January 28, 2020 Permit not required for 12
Environmental Conservation Elimination System tree felling activities.
However, coverage under
the General Permit in
place since May 2016.
TABNO.1
U.S.FISHANDWILDLIFE,NEWENGLANDFIELDOFFICE
CLEARANCESANDCORRESPONDENCE
CP14529000

United States Department of the Interior

FISH AND WILDLIFE SERVICE
New England Field Office

70 Commercial Street, Suite 300
Concord, NH 03301-5087
http://www.fws.gov/newengland
REF: Connecticut Expansion Project August 12, 2016

Docket Number CP14-529-000
Formal Consultation Log# 16-P-0273
Ms. Shannon Jones

888 First Street, NE
Washington, DC 20426
Dear Ms. Jones:
This document transmits the U.S. Fish and Wildlife Service's (Service) biological opinion (BO)
based on our review of your Biological Assessment (BA), dated October, 2015, for the proposed
Connecticut Expansion Project (Project) located in Muddy Brook and Stony Brook, Suffield,
Connecticut. Our BO evaluates the effects of the proposed Project on the federally endangered
dwarf wedgemussel (Alasmidonta heterodon), in accordance with section 7 of the Endangered
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531, et seq.). No critical habitat has been
designated for this species.
To implement the Project, the Federal Energy Regulatory Commission (FERC) is issuing a
Certificate of Public Convenience and Necessity to the Tennessee Gas Pipeline Company, LLC
(TGP) for the installation and operation of three pipeline looping segments totaling
approximately 13.3 miles, one mainline valve, minor tie-in piping, and relocation of ce1tain
pigging facilities in Connecticut, Massachusetts, and New York. As proposed, the Connecticut
Loop would be collocated with TGP's existing pipeline, referred to as the "300 Line." This BO
addresses only those actions immediately associated with the proposed installation of a pipeline
across Muddy and Stony Brooks. This BO does not address operation and maintenance activities
that will occur after project construction.
Two other federally listed species are known from the project area: the federally threatened
northern long-eared bat (Myotis septentrionalis) and the federally endangered Indiana bat
(Myotis soda/is). FERC completed the Service's Northern Long-Eared Bat 4(d) Rule
Streamlined Consultation Form, which allows Federal agencies to rely upon the Service's
January 5, 2016 intra-Service Programmatic Biological Opinion on the final 4(d) rule for the
notthern long-eared bat, to determine that the Project may affect the northern long-eared bat, but
that any resulting incidental take is not prohibited by the final 4(d) rule. FERC concluded that the
Ms. Shannon Jones 2

August 12, 2016
Project may affect, but is not likely to adversely affect the Indiana bat. We concurred with
FERC's determination in a letter dated June 24, 2016.
We based this BO on information that accompanied your October 6, 2015 request for
consultation, including the BA, and information in our files regarding dwarf wedgemussel
populations in the vicinity of the Project. A record of this consultation can be made available at
the New England Field Office.
Consultation History
March 21, 2014-The Service informs FERC that the federally endangered dwarfwedgemussel
is present in the project area. Additionally, the Service informs FERC that the dwarf
wedgemussel may be adversely affected by the proposed activities and informs the agency that
formal consultation may be required.
November 10, 2015 - The Service receives a request from FERC, dated October 6, 2015, to
initiate formal consultation for the Project.
December 23, 2015 - The Service sends a letter to FERC acknowledging receipt of a complete
consultation package, and informs the agency that preparation of our BO has begun.
BIOLOGICAL OPINION
DESCRIPTION OF THE PROPOSED ACTION
As defined in the ESA section 7 regulations (50 CFR 402.02), "action" means "all activities or
programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies
in the United States or upon the high seas." The following descriptions of the proposed action are
summarized from the BA.
Construction Activities
As pati of a larger pipeline looping project, TOP, a subsidiary of Kinder Morgan, is proposing to
install a pipeline across Muddy Brook and Stony Brook. These crossings are the only aspects of
the laiger looping project considered in this BO, because these are the only areas where dwarf
wedgemussels may be affected by the Project, and other federally listed species that may be
affected by the looping project achieved ESA compliance under separate consultation. The
Muddy Brook stream crossing is located at approximate milepost (MP) 3 .0 and the Stony Brook
crossing is located at approximate MP 5 .6 along the Connecticut Loop.
TOP will use conventional techniques for buried pipeline construction consistent with FERC and
U.S. Department of Transpotiation specifications. For the Project as a whole, TOP would
implement the general sequence of construction procedures as follows:
marking the corridor;

clearing vegetation, grading and sediment and erosion controls;
Ms. Shannon Jones 3

August 12, 2016
trenching;
pipe stringing;
pipe preparation (bending, welding, X-ray, weld coating and coating repair) and
lowering in;
backfilling and grade restoration;
hydrostatic testing and tie-ins; and
clean-up and restoration of vegetation.
TGP will use a dry crossing construction method at Muddy Brook and Stony Brook, which
would be either the flume crossing method or the dam-and-pump crossing method to divert or
isolate flow during pipe installation as detailed below.
The dam-and-pump method in'.'O!'.'es installing a temporary dam upstream and one do'.:vnstream
of the proposed waterbody crossings, typically using sandbags and plastic sheeting. Following
dam installation, appropriately sized pumps with hoses would be used to transport the
streamflow around the construction work area, including the trench. Additional pumps would be
used to dewater the area between the dams. Intake screens would be installed at the pump inlets
to prevent or limit entrainment of aquatic life, and energy-dissipating devices would be installed
at the pump discharge point to minimize erosion and streambed scour. Trench excavation and
pipe installation would then commence through the dewatered and relatively dry portion of the
waterbody channel. After pipe installation, TGP would backfill the trench, restore the stream
banks, remove the temporary dams, and restore flow through the construction work area. TGP
would use the dam-and-pump method if pumps and hoses can adequately transfer streamflow
volumes from upstream of the work area to downstream of the work area, and there are no
concerns with preventing the passage of aquatic organisms.
A flume crossing also requires temporary dams and directs the flow of water through one or
more flume pipes placed over the area to be excavated. The number, length, and diameter of the
pipes would be dependent on estimated streamflow at the time of crossing. Trenching would then
occur across the stream bed and underneath the flume pipes without reducing downstream water
flow. After pipeline installation, TGP would backfill the trench, restore the stream banks, and
remove the flume pipes. This method would allow for drier trenching, pipe installation, and
restoration, while maintaining continuous downstream flow and passage for aquatic organisms. It
also generally minimizes downstream turbidity during trenching, as excavation is conducted
under relatively dry conditions. For this method to be used successfully and safely, soil types
must have characteristics that allow stable streambank conditions and streamflow must be low
enough. The flume pipe(s) must also be long enough to account for the potential for the ditch
width to increase during excavation due to sloughing and large enough to accommodate the
possibility of high flow conditions. An effective seal must be created around the flume(s) at both
the inlet and outlet ends so water does not penetrate and potentially compromise the dam.
Construction impacts to Muddy Brook and Stony Brook would be essentially the same regardless
of which method is used, and the decision of which method will be used will depend on site
conditions at the time of construction (personal communication between M. Tur of the Service
and A. Gregory ofHDR Engineering, FERC's third-party consultant, March 15, 2016). Although
overall construction impacts would be generally the same regardless of method, the flume
Ms. Shannon Jones 4

August 12, 2016
crossing method may minimize downstream turbidity impacts during trenching operations by
allowing excavation under dryer conditions than the dam-and-pump method. The Service
recommended to FERC that the flume crossing method be used if practicable.
TGP will use additional temporary workspaces (ATWS) on both sides of each brook crossing to
stage and store project equipment; stage, store, and service vehicles, etc. The ATWS would be
placed at least 15.25 meters (50 feet) from the water's edge, but may be adjacent to the access
points for the construction areas in the brooks.
TGP will install temporary soil erosion and sediment control measures at the stream crossings, as
applicable, in accordance with the FERC Procedures. To ensure that appropriate erosion and
sediment control measures are maintained until the construction workspace is fully stabilized, a
full time environmental inspector would be assigned to the Project and would inspect the
proposed Muddy Brook and Stony Brook crossing operations daily during active construction,
on a weekly basis while stabilization is in progress, and within 24 hours of the end of a storm
event that is 0.5 inch of precipitation or greater. TGP will promptly fix any failure of the erosion
and sediment control measures identified by the environmental inspector to ensure that tl;ie
project area is fully stabilized during construction activities and when the Project is complete.
This will minimize sedimentation of the streams and potential impacts to dwarf wedgemussels
that were not identified and relocated prior to construction.
Conservation measures to reduce impacts to dwarf wedgemussels
TGP will implement the Dwmf Wedgemussel Relocation and Monitoring Plan (Plan)
(Attachment C of the BA) for both Muddy Brook and Stony Brook before any disturbance
occurs. Within 2 weeks of the stait of stream crossing activities, biologists will conduct a pre-
construction mussel survey, and collect and relocate dwarf wedgemussels. The survey aiea will
include the entire footprint of the Project, as well as 50 meters (164 feet) upstream of the
upstream limits of disturbance to 100 meters (328 feet) downstream from the downstream limits
of disturbance (approximately 173 meters in length [568 feet] of Muddy Brook and 168 meters
in length [551 feet] of Stony Brook for the full width of the stream). TGP has committed to using
Service-approved consultants that are experienced mussel biologists who have conducted
multiple relocations and studies for the dwarf wedgemussel in order to minimize handling and
relocation stress on individuals. Relocation sites have been identified for both crossings. The
sites, located upstream of each crossing, are outside the project impact area, and were found to
contain live dwarf wedgemussels. Relocated mussels will be checked 1 month and 1 year
following relocation to monitor mortality, movement, and growth.
Instream and riverbank construction activities will not occur during the period April 1 to June 30,
avoiding the time of year considered to be the peak of spring spawning for dwarf wedgemussels
in the area (McLain and Ross 2005). Construction will occur after the preliminary translocation
of dwarf wedgemussels during the low flow period, generally late summer or early fall, to reduce
the potential for unanticipated release of sediments from exposed soils as a result of high water
events or rain runoff. TGP will cross both waterbodies using a dry crossing method and instream
construction activities will be completed within approximately 1 week for each crossing. The
Ms. Shannon Jones 5

August 12, 2016
sho1i period of time required for instream work should help to reduce and dissipate impacts
within the project area.
TOP will implement its Best Management Practices (BMPs) to avoid, minimize, and mitigate
impacts on the dwarfwedgemussel. BMPs would include:
locating ATWS at least 15.25 meters (50 feet) from the water's edge;
placing spoil at least 10 feet (3 meters) from the water's edge or in ATWS;
installing sediment barriers immediately after initial disturbance (e.g., silt fence,
hay bales, sand bags);
using secondary containment for any pumps operating within 100 feet (30.5
meters) of the waterbodies (i.e., ifthe dam-and-pump method is used);
~ fueling equipn1ent in upland areas at least 100 feet (30.5 meters) from the
waterbodies; and
following its Spill Prevention and Response Procedures in the event of a release
in or near a waterbody.
FERC and TOP will limit vegetation removal to the amount necessary for construction. TOP will
allow regrowth of a 25-foot-wide riparian strip for the full width of the permanent right-of-way
and will limit vegetative maintenance immediately adjacent to waterbodies to a 10-foot-wide
strip centered over the pipeline that will be maintained in an herbaceous state to allow for
periodic corrosion and leak surveys.
ANALYTICAL FRAMEWORK FOR THE JEOPARDY DETERMINATION
Section 7(a)(2) of the ESA requires that Federal agencies ensure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence of listed species. "Jeopardize
the continued existence of" means "to engage in an action that reasonably would be expected,
directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a
listed species in the wild by reducing the reproduction, numbers, or distribution of that species"
(50 CFR 402.02).
The jeopardy analysis in this BO relies on four components: (1) the Status of the Species, which
describes the range-wide condition of the dwarf wedgemussel, the factors responsible for that
condition, and its survival and recovery needs; (2) the Enviromnental Baseline, which analyzes
the condition of the dwarf wedgemussel in the action area, the factors responsible for that
condition, and the relationship of the action area to the survival and recovery of the dwarf
wedgemussel; (3) the Effects of the Action, which determines the direct and indirect impacts of
the proposed Federal action and the effects of any interrelated or interdependent activities on the
dwarf wedgemussel; and (4) the Cumulative Effects, which evaluates the effects of future, non-
Federal activities, that are reasonably certain to occur in the action area, on the dwarf
wedgemussel.
In accordance with policy and regulation, the jeopardy determination is made by evaluating the
effects of the proposed Federal action in the context of the cmTent status of the dwarf
wedgemussel, taking into account any cumulative effects, to deterrnine if implementation of the
Ms. Shannon Jones 6

August 12, 2016
proposed action is likely to reduce appreciably the likelihood of both the survival and recovery
of the dwarf wedgemussel in the wild by reducing the reproduction, numbers, and distribution of
that species.
STATUS OF THE SPECIES
The Service listed the dwarf wedgemussel as endangered on March 14, 1990 (55 FR 9447-
9451 ). The following is a summary of dwarf wedgemussel general life history drawn from the
dwarf wedgemussel recovery plan (Service 1993), the 2007 5-year review for the dwarf
wedgemussel (Service 2007), and the 2013 5-year review (Service 2014), unless otherwise
stated.
The dwarf wedgemussel is found solely in Atlantic Coast drainage streams and rivers of various
sizes and moderate current. It ranges from New Hampshire to North Carolina, in small creeks to
deep rivers in stable habitat with substrates ranging from mixed sand, pebble and gravel, to clay
and silty sand. In the southern portion of its range, it is often found buried under logs or root
mats in shallow water, whereas in the northern portion of its range, it may be found in firm
substrates of mixed sand, gravel or cobble, or embedded in clay banks in water depths of a few
inches to greater than 20 feet (6 meters). The dwarf wedgemussel is not a long-lived species as
compared to other freshwater mussels; life expectancy is estimated at 10 to 12 years (Michaelson
and Neves 1995).
The reproductive cycle is typical of other freshwater mussels, requiring a host fish on which its
larvae (glochidia) parasitize and metamorphose into juvenile mussels. Since the release of the
1993 Recovery Plan, a number of fish species have been positively identified as hosts for the
dwarf wedgemussel. Michaelson and Neves (1995) confirmed the tessellated darter (Etheostoma
olmstedi), Johnny darter (E. nigrum), and mottled sculpin (Coitus bairdi) as host fish for dwarf
wedgemussels in the southern part of its range. Wicklow (in the New Hampshire Wildlife Action
Plan, New Hampshire Fish and Game Department 2006) confirmed the slimy sculpin (C.
congatus) and Atlantic salmon (Sa/mo salar) juveniles and parr as possible host fish for dwarf
wedgemussels in New Hampshire. The shield darter (Percina peltata), striped bass (Marone
saxitilis), banded killifish (Fundulus diaphanus), and brown trout (Sa/mo trutta) were identified
as hosts for dwarf wedgemussels of the Delaware River watershed (White 2007). White (2007)
also observed significant differences in the rate of host fish infestation by dwarf wedgemussel
glochidia taken from three different major river basins.
The dwarf wedgemussel is considered to be a long-term brooder. In general, dwarf wedgemussel

glochidia may be released between March and June, with peak release times varying from south
to north. Michaelson and Neves (1995) documented the reproductive cycle of the dwarf
wedgemussel from North Carolina and observed that dwarf wedgemussels spawn in late
summer, become gravid in September, and release glochidia in April. Wicklow (New Hampshire
Fish and Game Department 2006) observed glochidia release beginning in March and continuing
through June in the Ashuelot River in New Hampshire. In a study of dwarf wedgemussel
reproduction in the Mill River, Massachusetts, McLain and Ross (2005) observed that most
glochidia were released in April and May.
Ms. Shannon Jones 7

August 12, 2016
Reproductive output appears to be correlated with local population abundance. McLain and Ross
(2005) documented that sites with the highest abundance of adult dwarf wedgemussels also
demonstrated the highest proportion of gravid females, glochidial density, fish host infection,
and density of juvenile mussels.
Human activity has significantly degraded dwarf wedgemussel habitat, causing a general decline
in populations and a reduction in distribution of the species. Primary factors responsible for the
decline of the dwarf wedgemussel include: (1) impoundment of river systems; (2) pollution; and
(3) alteration of riverbanks and channels.
Damming and channelization of rivers throughout the dwarf wedgemussel's range have resulted
in the elimination of much of its formerly occupied habitat. In general, dams and river
channelization activities result in the loss or alteration of mussel habitat (Watters 2001).
Immediately upstream of a dam, conditions such as heavy silt deposition, low current and low
oxygen levels are not conducive to the maintenance of dwarf wedgemussel populations.
Immediately downstream of these dams, remaining habitat may be subject to periodic water level
and temperature fluctuations and scour, conditions stressful or intolerable to sensitive and
relatively thin-shelled dwarf wedgemussels. Dams may deepen the river channel through
flooding or dewater river channels for reasons ranging from hydroelectric production to routine
maintenance of dam infrastructure. Some dams can cause colder water temperatures in the
channel bottom and impacts to nutrient and oxygen. Dams may also create wetlands along the
former upland and floodplain fringe through flooding, yielding habitat that is predominantly soft
and composed of muds and sands. The majority of remaining viable dwarf wedgemussel
populations occur in river systems fragmented by dams, including the Ashuelot River (NH),
Connecticut River (NH/VT), Mill River (MA), Farmington River (CT), Podunk River (CT),
Neversink River (NY), Paulins Kill River (NJ), and the Tar River (NC).
Domestic and industrial pollution was the primary cause for mussel extirpation at many historic
sites. Mussels are known to be sensitive to a wide variety of heavy metals and pesticides, and to
excessive nutrients and chlorine (Havlik and Marking 1987). Mussel die-offs have been
attributed to chemical spills, agricultural waste runoff, ammonia, dewatering of channels, and
low dissolved oxygen levels. In one instance in August of 2001, more than 20 dwarf
wedgemussels and hundreds of other mussels (including State-listed species) were killed in the
Mill River by waste runoff from a small farm.
Some pollutants indirectly impact the mussels; for example, nitrogen and phosphorus cause
organic enrichment, excessive plant growth, and shifting of prey communities, and in extreme
cases, oxygen depletion. Recent research on the effects of total suspended solids (TSS) indicates
that elevated levels ofTSS (organic or inorganic) could interfere with the fertilization of eggs by
either decreasing the chance that females encounter suspended sperm, or sperm are bound to
mucus and egested (Gascho Landis et al. 2013).
Riverbank alteration includes bank erosion control measures, such as riprap, and removal of
vegetation, particularly shade trees and bushes. Placement of unwashed riprap along the bank
will result in increased sedimentation in the water column, while placement of stones in the river
will bury mussel beds and habitat and can result in permanent loss of suitable habitats. Removal
Ms. Shannon Jones 8

August 12, 2016
of shade trees and bushes in small stream systems may lead to significant daily water
temperature fluctuations and alter light levels, potentially affecting the mussels, prey items, and
host fish species.
Siltation, generated by road construction, agriculture, forestry act1v1t1es, and removal of

streambank vegetation, is considered to be an important factor in the decline of many freshwater
mussel species, including the dwarf wedgemussel. Sediment loads in rivers and streams during
periods of high discharge may be abrasive to mollusk shells. Erosion of the outer shell allows
acids to reach and con-ode underlying shell layers (Harman l 974). Trritation and clogging of gills
and other feeding structures in mussels occur when suspended sediments are siphoned from the
water column (Loar et al. 1980), severely affecting the mussel's normal activity or even causing
death.
Because freshwater mussels are relatively sedentary and cannot move quickly or for long
distances, they cannot easily escape when silt is deposited over their habitat. Ellis (1936) found
that mussels could not survive in substrate on which silt accumulated to depths over 0.6-2.5 cm.
He observed dying mussels with large quantities of silt in their gills and mantle cavities and
attributed their deaths to interference with feeding and to suffocation. In addition, Ellis
determined that siltation from soil erosion reduced light penetration, altered heat exchange in the
water, and allowed organic and toxic substances to be caiTied to the bottom where they were
retained for long periods of time. This resulted in fmiher oxygen depletion and possible
absorption of these toxicants by mussels.
A further probable adverse effect on many mussel species is the impact of sedimentation or
pollution on host fish species. Some fish species are vulnerable to changes in light, turbidity and
pollutants. Any water quality degradation that affects the host fish species may affect dwarf
wedgemussels.
Most of the extant dwarf wedgemussel populations are small and geographically isolated from
each other. This isolation restricts exchange of genetic material among populations, and reduces
genetic variability within populations. Strayer (1994) conducted a rangewide assessment of the
dwarf wedgemussel, examining 13 rivers and streams from New Hampshire to North Carolina.
Strayer concluded that all 13 populations of the dwarf wedgemussel are vulnerable to loss
because of their small range, low population densities, linear ranges, or some combination of the
three factors. However, for all but one of the populations studied, densities determined by
Strayer were large enough so that he did not expect them to be affected by problems such as
inbreeding or demographic stochasticity. Even though there was evidence of reproduction at
most sites, Strayer felt that these populations demonstrated lower fertilization rates than other
freshwater mussel species.
More recently, surveys for dwai'f wedgemussels were conducted at 210 locations over an
approximately 120-mile stretch of the Connecticut River in New Hampshire and Vermont in
preparation for the relicensing of several hydroelectric dams. Some of these sites had been
investigated by Strayer (1994) during his rangewide assessment surveys. Surveys included one
17-mile free-flowing stretch and tluee impounded stretches (Biodrawversity, LLC et al. 2014).
Dwarf wedgemussels were not found in the free-flowing stretch of the Connecticut River,
Ms. Shannon Jones 9

August 12, 2016
although transect surveys as recently as 2001 documented dwarf wedgemussels at or near three
of the sites surveyed in 2013. The dwarf wedgemussel population in the same stretch of River
was considered by Strayer (1994) to be less vulnerable to inbreeding or demographic
stochasticity. However, given the recent findings that dwarf wedgemussels may be absent or in
extremely low numbers in the free-flowing stretch of the Connecticut River (the section that
separates existing occurrences in the impounded areas behind the hydroelectric dams), it is
possible that the genetic diversity of the remaining Connecticut River occurrences will ultimately
be diminished as well. It is not known why dwarf wedgemussels have apparently disappeared
from this portion of the Connecticut River.
Drought or manipulated water flows resulting in abnormally low water levels also appear to have
adverse effects on dwarfwedgemussel populations. Galbraith et al. (2015 in press) investigated
the response of several freshwater mussel species to experimental dewatering and observed that
most species became stranded under low and moderate rates of dewatering and all individuals
were stranded under rapid dewatering. This was evident in the Upper Tar River watershed in
North Carolina, where severe population declines have been documented following a substantial
drought in 2007 (Service 2014). Although mussels have evolved to respond to natural low water
events, which tend to happen along predictable cycles, severe droughts or dewatering resulting
from anthropogenic causes (e.g., dam removals, reconstruction or inspections, or construction
activity occurring within occupied mussel habitat) may result in desiccation of mussels on or in
the substrate, increased rates of predation, loss of productivity, or change in the fish species
composition, including host fish.
Although northern streams and rivers normally have spring freshets (high water caused by
melting snow and ice), it appears that unusually high water events in late spring, early summer
and fall may be on the increase, possibly caused by climate change. It is likely that changes in
precipitation patterns will bring about more extreme and more frequent flood and drought events
(Karl et al. 2009). Milly et al. (2005) predict that runoff will increase from 10 to 40 percent in
rivers of eastern North America, and Najjar et al. (2000) also predict increases in streamflow in
mid-Atlantic coastal streams. Droughts will be more common in the southern portion of the
dwarf wedgemussel's range, paiiicularly in North Carolina (Karl et al. 2009). Given this, it is
reasonable to conclude that climate change will have a negative impact on the dwarf
wedgemussel. Moreover, increasing water temperatures are likely to alter or restrict the ranges of
coldwater fish species (Eaton and Scheller 1996), many of which serve as hosts for larval
mussels.
Eight non-jeopardy formal consultations have been completed for projects within the
Connecticut River watershed since 1996 (Table I). Most of the consultations were with the U.S.
Army Corps of Engineers for activities permitted or carried out by that agency. The most recent
consultation was on a bridge abutment protection project on the Ashuelot River. The project has
not been completed, and therefore there is no pre- or post-construction data available to repoti at
this time. However, it was anticipated that a small number of dwarf wedgemussels (six or less)
would be killed or wounded as a result of the project.
Ms. Shannon Jones 10

August 12, 2016
Table 1. Previous biological op1111ons completed for dwarf wedgemussels m the Connecticut
River watershed in New Hampshire, Massachusetts and Vermont.
Incidental Take Project

Year Waterbody Project
Amount/Extent of Take Documented Completed
Seven-year study indicated high
0.6 acre of habitat, 7 percent of
Bank rate of survival of over 500
Connecticut relocated mussels, unkno\Vn number
1996 stabilization relocated mussels. Estimated Yes
River of mussels not relocated \vould be lost
(VT) inortality 1nuch IO\Ver than
under riprap.
anticipated incidental take.
Take in the form of harassment and No mortality or decline in
possible loss of productivity. productivity or local population
Ashuelot Flood control
2002 documented during post- Yes
River (NH)
construction surveys through
2009.
14, 700-square-foot ioss of habitat, I \Venty musseis reiocated upriver,
relocation ofa minimum of50 all mussels found in post-
Bank d\varf\vedgemussels \Vith expected construction survey. No mortality
Connecticut
2003 stabilization mortality of3 percent to 7 percent, due to relocation. Estimated Yes
River
(NH) unkno\vn nu1nber of 1nussels lost n101lality lo\ver than anticipated
beneath riprap, most likely more incidental take.
than relocated.
No 1nussels found, therefore none
Relocation of less than five mussels
relocated; a fe\V mussels may
anticipated. Unkno\Vn number of
Fish passage have been lost due to
2006 Mill River mussels equal to or Jess than those Yes
(MA) construction. River flo\v and fish
relocated may be lost due to
passage restored, long-term
construction activity.
beneficial effects anticioated.
Take of estimated 50 individuals 496 d\varf\vedgemussels \Vere
anticipated based on the lo\v relocated prior to and after the
numbers of d\varf \Vedgemussels dam removal, far more than was
encountered during pre-construction anticipated. Post-construction
Ashuelot Dain removal
2009 surveys. Take due to mo1tality and surveys have not been completed. Yes
River (NH)
temporary loss of occupied, suitable
habitat, and harm from siltation,
short-term \Yater quality degradation
and relocation (stress, disturbance).
Take in the form of monaiity of a Project has not been initiated as of
small number of d\varf May 2015.
\vcdgemussels not encountered
during the pre-construction
relocation effort \Viii occur within
Bridge
2015 Muddy Brook the area receiving temporary and No
reconstruction
permanent fill. Take in the form of
harassment 1nay also occur should
relocation interrupt the reproductive
cycle of relocated dwarf
\vedgemussels.
Take in the form of mortality of 309 d\varf \vedgemussels \Vere
d\varf \vedgemussels not relocated prior to project
encountered during the pre- construction. Post-construction
Mill River construction relocation effort will surveys have not been completed.
2015 Mill River bank occur \Vithin the project area. Take Yes
stabilization in the form of harassment may also
occur should relocation interrupt the
reproductive cycle of relocated
d\varf \vcd_gemussels.

August 12, 2016
Incidental Take Project
Year \Vaterbody Project
Amount/Extent of Take Documented Completed
Take in the fonn of n1ortality of a Project has not been initiated as of
small number of d\varf July 2016.
\Vedgcmussc\s not encountered
during the pre-construction
Cresson
Ashuclot relocation effort \Viii occur \Vithin
2016 Covered No
River the project area. Take in the form of
Bridge
harassment may also occur should
relocation interrupt the reproductive
cycle of relocated d\varf
\vcdgemussels.
Rangewide Status and Recovery Objective
At one time, this species was recorded from 70 localities in 15 major drainages ranging from
North Carolina to New Brunswick, Canada. The species' current range includes Atlantic Coast
streams and rivers from New Hampshire to North Carolina. Since the 1993 Recovery Plan, a
number of new locations have been discovered and a number of known locations are possibly no
longer extant.
Based on preliminary information, the dwarf wedgemussel is currently found in 15 major

drainages (Table 2). It is not possible to assess the number of "sites" because of the lack of a
clear definition for "site." This is due in part to the discovery of large, contiguous stretches of
river hosting scattered occurrences of dwarf wedgemussels that function as one "population,"
such as in the main stem of the Connecticut River in New Hampshire. However, specific sites or
stretches of the Connecticut River identified in the Recovery Plan as critical to recovery and
essential for maintaining viable populations no longer coincide with new location information.
Table 2. Dwarf wedgemussel major drainages. 1

State Major Drainage County
NH Upper Connecticut River Coos, Grafton, Sullivan, Cheshire
Essex, Orange, Windsor,
VT Upper Connecticut River
Windham
MA Middle Connecticut River Hampshire, Hampden
CT Lower Connecticut River Hartford
NY Middle Delaware Orange, Sullivan, Delaware
NJ Middle Delaware Warren, Sussex
PA Upper Delaware River Wayne
MD Choptank River Queen Anne's, Caroline
MD Lower Potomac River St. Mary's, Charles
MD Upper Chesapeake Bay Queen Anne's
VA Middle Potomac River Stafford
The 15 major drainages identified in Table 2 do not necessarily correspond to the original drainages identified
in the 1993 Recovery Plan, although there is considerable overlap. Watersheds are based on USGS and EPA
Cataloguing Units; see http://water.usgs.gov/GIS/huc_name.html and http://ctpub.epa.gov/surf/locate/index.cfm
(accessed February 2015).

August 12, 2016
VA York River Louisa, Spotsylvania
VA Chowan River Sussex, Nottoway, Lunenburg
NC Upper Tar River Granville, Vance, Franklin, Nash
NC Fishing Creek Warren, Franklin, Halifax
NC Contentnea Creek Wilson, Nash
NC Upper Neuse River Johnson, Wake, Orange
The main stem of the Connecticut River in New Hampshire and Vermont is considered to have
the largest remaining dwarf wedgemussei population, consisting of three distinct stretches of
sporadically occupied habitat segmented by hydroelectric dams. The Ashuelot River in New
Hampshire, the Farmington River in Connecticut (both within the Connecticut River basin), and
the Neversink River in New York (Delaware River basin) are also considered to harbor viable
populations. Because of qualitative survey 111etl1ods used to assess the populations, it is riot
possible to estimate the number of individuals in these populations (Service 2014). However,
recent surveys indicate that in some locations in these rivers, dwarf wedgemussel subpopulations
may be declining. Ethan Nedeau of Biodrawversity, LLC documented significant declines at
long-term survey locations on the Ashuelot River between 2004 and 2012 (E. Nedeau, electronic
transmittal, October 6, 2014). During surveys conducted for the relicensing of several dams on
the Connecticut River, no dwarf wedgemussels were located in the 17-mile free-flowing stretch
between the Wilder Dam and the Bellows Fall Dam impoundments (the southernmost population
of dwarf wedgemussels on the Connecticut River), whereas historically, a number of sites in this
reach had consistently supported dwarf wedgemussels (Strayer 1994; Gabriel 1996;
Biodrawversity, LLC et al. 2014).
The remaining populations from New Jersey south to North Carolina are estimated at a few
individuals to a few hundred individuals. It appears that the populations in North Carolina,
Virginia, and Maryland are declining, as evidenced by low densities, lack ofreproduction, or the
inability to relocate any dwarfwedgemussels in follow-up surveys.
According to the species' recovery plan, in order to reclassify the dwarf wedgemussel as
threatened from endangered, the following populations must be shown to be viable (a population
containing a sufficient number of reproducing adults to maintain genetic variability, and annual
recruitment is adequate to maintain a stable population) (Service 1993):
Main stem Connecticut River (NHNT)

Ashuelot River (NH)
Neversink River (NY)
Upper Tar River (NC)
Little River (NC)
Swift Creek (NC)
Turkey Creek (NC)
Six other rivers/creeks representative of the species' range

August 12, 2016
In order to remove the dwarf wedgemussel from the Federal list of threatened and endangered
species, the following criteria must be met:
1. At least I 0 of the rivers/creeks in the preceding criterion must support a widely

dispersed viable population so that a single catastrophic event in a given river will
be unlikely to result in the total loss of that river's population.
2. The rivers should be distributed throughout the species' current range with at least
two in New England (New Hampshire, Vermont, Massachusetts, Connecticut),
one in New York, and four south of Pennsylvania.
3. All populations referred to in the criterion to downlist the species to threatened
and the preceding two criteria must be protected from present and foreseeable
anthropogenic and natural threats that could interfere with their survival.
The Service's 5-year status reviews for the dwarf wedgemussel (Service 2007; 2014) noted that
few recovery criteria have been met, and moreover, some of the criteria need revision.
ENVIRONMENT AL BASELINE
The environmental baseline is a summary of the status and health of the species and/or its habitat
in the area affected by the proposed action.
Action Area
The implementing regulations for section 7(a)(2) of the ESA define the "action area" as all areas
to be affected directly or indirectly by the Federal action and not merely the immediate area
involved in the action (50 CFR 402.02). The action area for the proposed Project is defined as
the pipeline crossing sites in Muddy Brook and Stony Brook with a 50-meter (approximately
164-foot) upstream buffer area and a JOO-meter (approximately 328-foot) downstream buffer
area from the upstream and downstream limits of disturbance, per Service and Connecticut
Natural Diversity Database survey protocols, bounded by the stream width at each crossing. The
action area also includes the ATWS on both sides of each crossing site. The construction
workspace for Muddy Brook is 23 meters (75 feet) in stream length and the construction
workspace for Stony Brook is 18 meters (60 feet) in stream length, resulting in a total stream
length of 173 linear meters (567.5 feet) for Muddy Brook and 168 linear meters (551 feet) for
Stony Brook. The total area where impacts to dwarfwedgemussels could occur in Muddy Brook
is 2,897 square meters (31, 185 square feet) and the total action area for Stony Brook is 1,487
square meters (16,008 square feet).
Existing Conditions in the Action Area
Muddy Brook and Stony Brook are small perennial tributaries in the lower Connecticut River
watershed. Muddy Brook is classified by the State as a Class A waterbody with assigned
designated uses of potential drinking water supply, habitat for fish and other aquatic life and
wildlife, recreation, navigation, and industrial and agricultural water supply. In the reach of the
proposed stream crossing, Muddy Brook is cunently listed on the Connecticut List of
Waterbodies Not Meeting Water Quality Standards and as a U.S. Environmental Protection
Agency impaired stream due to elevated bacteria levels. The elevated bacteria levels impair

August 12, 2016
recreational uses. There are no designated beaches in the impaired segment of Muddy Brook and
this segment is not designated for swimming or other water contact-related activities. Dwarf
wedgemussels were found primarily in silt, sand, and gravel substrates within Muddy Brook in
light-to-moderate flow velocities, typically less than 0.2 meters per second (mis). The habitat
where dwarf wedgemussels were found within Stony Brook was similar in substrate and flow as
Muddy Brook.
Muddy Brook is surrounded by a forested riparian buffer zone, then agricultural land. The
riparian area of Stony Brook is a mix of forest and shorter shrubs or agricultural land. Both
streams have relatively steep banks with some evidence of erosion.
Status of the Species in the Action Area
As part of the environmental planning and perm1ttmg process for the proposed Project,
Biodrawversity, LLC performed a freshwater mussel survey at the two proposed stream
crossings on June 3, 2014 (Attachment B of the BA). Surveys were conducted within the
footprint of the proposed crossings (75 feet wide for Muddy Brook and 60 feet wide for Stony
Brook), as well as 50 meters (164 feet) upstream and 100 meters (328 feet) downstream from the
footprints.
In Muddy Brook, 25 live dwarf wedgemussels were confomed within the immediate crossing
area, and in the upstream and downstream buffer zones. Dwarf wedgemussels were found in
prefe1Ted habitat characterized as silt, sand, and gravel substrates in water depths ranging from
1.0 to 2.5 feet, in light-to-moderate flow velocities (typically less than 0.2 m/s). The dwarf
wedgemussels ranged in size from 23.0 to 44.0 millimeters (mm), with a mean of 32.7 mm. Of
the 25 dwarfwedgemussels found, 23 were found via snorkel surveys and two were collected via
quadrat samples buried in the substrate. A suitable relocation site was found upstream of the
survey area where habitat and mussel species composition were similar, and additional live
dwarfwedgemussels were found.
In Stony Brook, nine live dwarf wedgemussels were confirmed within the immediate crossing
area, and in the upstream and downstream buffer zones, mussels were found in prefe1Ted habitat
similar to Muddy Brook-silt, sand, and gravel substrates in water depths ranging from 1.0 to
2.5 feet-in flow velocities typically less than 0.2 mis. The dwarf wedgemussels ranged in size
from 24.0 to 38.0 mm, with a mean of 33.0 mm. All nine dwarf wedgemussels were found via
snorkel survey; no dwarf wedgemussels were collected within the quadrat samples. Similar to
Muddy Brook, a suitable relocation site was found upstream of the survey area where habitat and
mussel species composition were similar, and live dwarf wedgemussels were present.
EFFECTS OF THE ACTION
In evaluating the effects of the Federal action under consideration in this consultation, 50 CFR
402.2 and 402.14(g)(3) requires the Service to evaluate the direct and indirect effects of the
proposed action on the species. Indirect effects are those that are caused by the proposed action
and are later in time, but still are reasonably certain to occur (50 CFR 402.02). Direct and
indirect adverse effects may occur to dwarfwedgemussels as a result of the Project.

August 12, 2016
Construction
The areas of construction impacts include 2,897 square meters (31, 185 square feet) of Muddy
Brook and 1,487 square meters (16,008 square feet) of Stony Brook, and we expect project
activities to impact all dwarf wedgemussels, to some extent, in these project areas. Within these
areas, direct adverse effects would occur to the species and its habitat as a result of the
construction activities. Adverse effects leading to injury or death of individual dwarf
wedgemussels may occur in the form of habitat disturbance or direct impacts. Although
FERC/TGP will survey for and relocate dwarf wedgemussels prior to construction, we expect
some dwarf wedgemussels will not be encountered during surveys and will be injured or killed
through physical disturbance by construction equipment, during excavation, by dam building,
etc. That said, we expect FERC/TGP's efforts to relocate dwarf wedgemussels from the
construction area to a suitable location upriver of the project area to substantially minimize the
impacts of construction on the dwarf wedgemussel in the action area and limit the injured or
dead dwarfwedgemussels to a relatively small number.
Project construction activities are expected to result in indirect effects on dwarf wedgemussels as
sediments are mobilized and transported, and as the streams and their banks adjust to post-
construction conditions after project completion. Indirect effects to adult and larval mussels may
result from rain events both during and after project construction as sediment is mobilized and
transported into the brooks even though sediment control measures will be in place. Some
erosion is expected to occur, thereby temporarily increasing turbidity in the action areas.
Dwarf wedgemussels that survive construction and remain in the project area may experience
habitat degradation to the point that they may not survive unless they are able to relocate. Dwarf
wedgemussels may be harmed or killed by increased sedimentation that is released from high
water or rain events during construction or prior to the point the site has been stabilized. In
addition, indirect effects of the Project, including temporary disturbance of the brook beds,
siltation of the water column, and sedimentation of the brook beds, could reduce the species'
ability to feed, breed, and shelter, and also could temporarily cause host fish to vacate the project
areas, temporarily reducing the species' reproductive fitness in the action area. However, impacts
to dwarf wedgemussels will be avoided or minimized by limiting the time of year during which
instream construction occurs to avoid the dwarf wedgemussel peak reproductive season. Fmiher,
erosion control measures will be employed that will substantially reduce siltation to Muddy
Brook and Stony Brook.
We do not expect a spill or release of hydrocarbon products or other hazardous substances as part
of the Project and spills are not covered by this BO; however, a spill or release of hydrocarbon
products or other hazardous substances into Muddy Brook or Stony Brook during project
construction is possible. If such an event occurs, FERC will take immediate remedial action and
contact the Service and the Connecticut Department of Energy and Environmental Protection,
Inland Water Resources Division, for recommendations on minimizing impacts to dwarf
wedgemussels. Separate consultation may be necessary if a spill occurs.

August 12, 2016
Conservation Measures
Direct adverse effects to individual dwarf wedgemussels may also occur during the relocation
effort. Mussels may be stressed as they are handled, marked, transported and re-embedded into
the relocation site, or they may be stressed as a result of being moved to an unfamiliar location.
However, the chance of this occurring is reduced by FERC and TOP identifying Service-
approved relocation sites. We expect these sites to provide the essential dwarf wedgemussel
habitat components, because they will be selected based on the presence of dwarf wedgemussels
and other co-occun'ing mussel species found in the original habitat location. However, the time
frame needed for dwarf wedgemussels to adjust to their new environment is unknown. In the
interim, dwarf wedgemussels may temporarily cease to feed, may be exposed to increased
predation risk, or may expend additional energy moving within the relocation site or out of it as
they seek an optimal microhabitat.
It is anticipated that there will be some localized short-term impacts resulting from the
construction activities. Photographs of the vicinity of the project area indicate that the banks are
well vegetated and stable. Once the pipe is installed and the trench is backfilled, TOP will restore
pre-construction contours and stabilize disturbed areas to prevent erosion into Muddy Brook and
Stony Brook. We expect this to cause minor, short-term, indirect impacts on dwarfwedgemussel
habitat; however, active restoration will hasten habitat recovery and reduce indirect impacts over
the long term.
Effects on Recovery of the DwarfWedgemussel
The downlisting and recovery criteria for the dwarf wedgemussel focus on population viability,
maintaining sufficient distribution of the species, and habitat protection. The proposed Project
would last a short period of time, would not have permanent impacts, would injure or kill a
relatively small number of dwarf wedgemussels, and would affect a very small portion of the
species' population and habitat rangewide. Accordingly, we do not expect the Project to have
substantial impacts on the reproduction, numbers, or distribution of the species; and the Project,
as proposed, would not limit the potential for downlisting or recovery of the dwarfwedgemussel.
CUMULATIVE EFFECTS
Cumulative effects include the effects of future State, local, or private actions that are reasonably
certain to occur in the action area considered in this BO. Future Federal actions that are unrelated
to the proposed action are not considered in this section, because they require separate
consultation pursuant to section 7 of the ESA. The Service is not aware of any future State, local
or private actions that could occur within the action area that would not be subject to a section 7
review. Therefore, cumulative effects, as defined in the ESA, are not expected to occur within
the action area and will not be addressed further in this BO.

August 12, 2016
CONCLUSION
After reviewing the current status of the dwarf wedgemussel in the Connecticut River watershed
and throughout its range, the environmental baseline for the action area, the effects of the
proposed action on individual mussels and the population in Muddy Brook and Stony Brook, it is
the Service's opinion that the proposed Project is not likely to jeopardize the continued existence
of the dwarfwedgemussel. We reached this conclusion because:
1. The dwarf wedgemussel population is intermittently distributed throughout the

action area and is generally limited to shallow water 3 feet or less. The patchy
distribution is beneficial in that not all of the dwarf wedgemussels in the action
area would be concentrated at any one location, including areas of direct impacts.
The shallow nature of the brooks will make it easier for surveyors to find dwarf
wedgemussels for relocation prior to project construction, resulting in a lower
number of animals to be killed.
2. The proposed Project would last a short period of time and would not have
permanent impacts on reproduction of the dwarf wedgemussel. We expect a
relatively small number of dwarf wedgemussels to be injured or killed by the
Project, and the Project would affect a very small percentage of the species'
habitat rangewide. Therefore, a very small portion of the species' rangewide
population would be affected. Further, relocating dwarf wedgemussels prior to
construction to an area where they are known to occur may enhance reproduction
at that site (McLain and Ross 2005) by concentrating individuals and increasing
the mussel density. Therefore, the effect of a temporary reduction in reproduction
within the project area may be partially off-set by a future increase in
reproduction at the relocation site.
3. The Project would not cause pe1manent reduction in the numbers of dwarf
wedgemussels. We conclude that there will be shmi-term effects to the local
population in the action area as a result of the Project due to mortality of
individuals. However, the relocation of some of the dwarf wedgemussels will
minimize the amount of individuals lost to the population, and as previously
noted, may increase productivity at the relocation site. Fmiher, we expect the
impacts to be temporary, and we expect the species to recolonize the impact areas
after project completion.
4. The Project would not appreciably reduce the distribution of the dwarf
wedgemussel. A very small portion of the rangewide habitat for this species
would be impacted by the Project. It is anticipated that the action areas will be
restored to preconstruction conditions, both by TGP's restoration efforts and
natural processes. Over the long term, we anticipate the dwarf wedgemussel
population within the action area will recover as the species recolonizes the
impact areas.

August 12, 2016
5. FERC and TGP will implement measures that would avoid or minimize take,
including the time-of-year restriction to avoid affecting glochidial release by
female dwarf wedgemussels and glochidial attachment to host fish, the relocation
of mussels prior to construction, and measures to reduce or avoid sedimentation.
The Project is not anticipated to occur during peak glochidia release; therefore,
direct impacts will be limited to the loss of juveniles and adults not found during
pre-construction surveys.
INCIDENTAL TAKE STATEMENT
Sections 4(d) and 9 of the ESA, as amended, prohibit taking (defined as harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct) of
listed species of fish or wildlife without a special exemption. Ha1m is further defined as an act
that actually kills or injures wildlife and may include significant habitat modification or
degradation where it actually kills or injures wildlife by significantly impairing essential
behavioral patterns including breeding, feeding, or sheltering. Harass is defined as an intentional
or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to
such an extent as to significantly disrupt normal behavior patterns which include, but are not
limited to, breeding, feeding, or sheltering (50 CFR 17.3).
Incidental take is take that results from, but is not the purpose of, carrying out an otherwise
lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to
and not intended as part of the agency action is not considered to be prohibited taking under the
ESA provided that such taking is in compliance with the terms and conditions of this incidental
take statement. Because incidental take is defined as take that is incidental to, and not the
purpose of, the carrying out of an otherwise lawful activity, this incidental take statement is valid
only upon receipt by the applicant of all appropriate authorizations and permits from Federal,
State and local permitting authorities.
Amount or Extent oflncidental Take Anticipated
The Service anticipates that incidental take of dwarf wedgemussels throughout the action area
will be difficult to detect because of the species' cryptic coloration; small size; low mobility; and
aquatic, semi-fossorial nature. Current monitoring methodology generally does not give precise
population counts, and detecting a significant change in the population may take years or
decades to detect for such a long-lived species. In addition to the species' small body size, a
substantial percentage of the dwarf wedgemussel population within the action area is likely to
occur below the surface of the substrate at any given time, precluding exact mussel counts
without destructive survey methods. Juvenile dwarf wedgemussels are extremely difficult to
detect and identify, therefore it is nearly impossible to document take of this life stage.
All dwarf wedgemussels in the action area are subject to capture during relocation eff01is.
However, the Service anticipates that incidental take of the dwarfwedgemussel is likely to occur
during construction in the form of direct wounding and killing of an unknown number of
individuals (those that are not moved out of the construction area) and harm to an unknown
number of individuals due to physical and physiological disturbance of mussels through their

August 12, 2016
relocation, siltation, and short-term water quality degradation. We expect relocation of dwarf
wedgemussels to avoid direct mortality of some mussels from the construction and fill activities
and dewatering of the construction area. However, incidental take in the form of some
harassment and harm of relocated mussels is expected, although this will be nearly impossible to
document.
Detectability of the dwarf wedgemussel is encumbered by the species' cryptic nature, small size
(e.g., glochidia attached to fish), low mobility, and habit of migrating vertically within the
substrate, which complicates our ability to calculate the precise number of individuals that are
likely to be taken as a result of the Project. Despite these challenges, we must provide a level at
which formal consultation would have to be reinitiated. Based on the information presented in
the Environmental Baseline and Effects Analysis sections of this BO, we surmise that adverse
effects to the dwarf wedgemussel are likely to be low, given the proposed relocation plan, along
with the number of individuals expected to occur within the action area. We recognize that for
every dwarf wedgemussel captured, or found wounded or killed, there may be others that will
not be found and will be killed or wounded. To account for the inability to count every dwarf
wedgemussel that will actually be taken as a result of the Project, we set the take threshold at
which FERC must reinitiate consultation below the number of dwarf wedgemussels that may
actually be taken.
During the pre-construction survey of the project area, 25 dwarf wedgemussels were documented
in Muddy Brook and nine dwarf wedgemussels were found in Stony Brook. We anticipate that at
a minimum, 34 dwarf wedgemussels may be relocated. We estimate that an additional 70 percent
of the number of dwarf wedgemussels found at the surface would not be located during surveys
and could be buried in the substrate and unavailable for relocation. These mussels could be killed
as a result of project construction.
For the reasons described, if 24 adult, subadult, or juvenile dwarf wedgemussels are found
injured or killed, FERC must contact our office immediately to reinitiate formal consultation.
Project activities that are likely to cause additional take should cease during this review period,
because the exemption provided under section 7(o)(2) would lapse and any additional take would
not be exempt from the section 9 prohibitions.
In the event that TGP expects to exceed the proposed footprint of disturbance, or expects impacts
to occur outside of the action area as defined in the accompanying BO, reinitiation of this
consultation will be needed, as those impacts were not considered in this incidental take
statement or the accompanying BO.
REASONABLE AND PRUDENT MEASURES
The measures described below are non-discretionary, and must be undertaken by FERC or made
binding conditions of any permit issued to TGP, as appropriate, for the exemption in section
7(o)(2) to apply. FERC has a continuing duty to regulate the activity covered by this incidental
take statement. If FERC (1) fails to assume and implement the terms and conditions, or (2) fails
to require TGP to adhere to the terms and conditions of the incidental take statement through
enforceable terms that are added to the permit or grant document, the protective coverage of
section 7(o)(2) may lapse. To monitor the impact of incidental take, FERC or TGP must report

August 12, 2016
the progress of the action and its impact on the species to the Service as specified in the
incidental take statement (50 CFR 402.14(i)(3)).
The Service believes the following reasonable and prudent measures are necessary and
appropriate to further minimize impacts of incidental take of the dwarfwedgemussel:
1. Siltation or contamination of Muddy Brook and Stony Brook must be avoided or

minimized to the maximum extent feasible to avoid stress or death of dwarf
wedgemussels.
2. The number of dwarf wedgemussels that may be killed as a result of excavation or
fill, or exposed to desiccation must be minimized to the maximum extent possible.
TERMS AND CONDITIONS
To be exempt from the prohibitions of section 9 of the ESA, FERC and TGP must comply with
the following, which implement the reasonable and prudent measures described above. These
terms and conditions are non-discretionary.
1. Siltation and/or contamination control measures:
a. ensure that all conservation measures described in the project proposal

summarized in this BO and in the supporting documentation are
implemented;
b. construction vehicles must not be stored, serviced, washed or flushed in a
location where leaks, spills, waste materials or cleaners could be
introduced into wetlands or watercourses;
c. maintenance or refueling of equipment and vehicles will occur at least 100
feet (30.5 meters) from wetlands or watercourses at a location where
drainage is directed away from the streams;
d. absorbent material must be placed on the ground prior to refueling to catch
spills that may occur, and must be removed after construction is
completed; and
e. FERC/TGP must have a spill cleanup kit capable of removing
contaminants (should there be an accidental spill) on site and at all times.
2. Minimization of burial or desiccation of dwarf wedgemussels:
a. Surveys must be implemented prior to construction in accordance with the

protocol outlined in the BA to relocate dwarf wedgemussels to a suitable
location.
b. Additional surveys must be conducted during and after the charmel has
been dewatered and prior to excavation and filling to translocate mussels
that were missed during pre-construction surveys and that may have
moved to the surface as a result of the dewatering.
c. Any individuals FERC or TGP intends to employ to survey for, capture,
and/or relocate dwarf wedgemussels must be approved in advance by the

August 12, 2016
Service. FERC and TGP should send a request for approval to the
Service, including the individual's qualifications demonstrating adequate
experience with the species and a list of references, at least 30 days prior
to that individual participating in project activities.
d. FERC provided qualifications for Ethan Jay Nedeau, Corbin Brody, and
Matthew Smith, and requested they be approved to conduct activities with
the dwarf wedgemussel as part of the Project. We dete1mined that Mr.
Nedeau has demonstrable experience to independently survey for, capture,
and relocate the dwarf wedgemussel. Therefore, Mr. Nedeau is hereby
authorized to independently conduct the requested activities in association
with the subject Project. FERC provided limited qualifications for Mr.
Brody and Mr. Smith, although they do have experience working with
freshwater mussels in the Northeast. Therefore, Mr. Brody and Mr. Smith
are authorized to conduct the requested activities under the supervision of
Mr. Nedeau. These approvals are valid only for the activities requested
pursuant to the biological opinion accompanying this incidental take
statement, and are valid only for the duration of the subject Project.
REPORTING REQUIREMENTS
Pursuant to 50 CPR 402.14(i)(3), FERC must report the progress of the action and its impact on
the dwarf wedgemussel to the Service as specified in this incidental take statement. A report
summarizing the Project must be provided to the Service (see contact information below) within
6 months of the project's completion. The report should include at a minimum: (1) construction
start and finish dates; (2) documentation of unusual storm events occurring during the
construction, and efforts implemented to minimize adverse effects resulting from storm events;
(3) a summary of revegetation efforts (species, numbers of plants); (4) discussion of any release
of sediments downstream; and (5) photo documentation of the old project area.
Separate reports regarding the relocation of dwarf wedgemussels should also be submitted to the
Service (see contact information below). An interim report should be submitted within 3 months
of the initial relocation effort and 3 months after each follow-up survey. The reports should
include at a minimum: (1) the number of mussels moved and/or encountered (would include
resident mussels); (2) the length, breadth and width of individuals; (3) tag numbers; (4) at least
several representative photographs of individual mussels if a full photoset is not available; (5) a
summary and photo of the relocation site at the time of relocation and after each survey; (6)
latitude/longitude of the rel.ocation site; (7) photocopies of raw data sheets; and (8) unusual
observations (if any).
In the event that an unanticipated release of sediment that could not be contained occurs and it is
determined that aquatic habitat downstream of the Project has been impacted, an area to be
determined in consultation with the Service and the Connecticut Department of Energy and
Environmental Protection must be surveyed to assess potential impacts to dwarf wedgemussels.
Remediation measures may need to be developed and implemented to reduce adverse effects to
dwarf wedgemussels from such an unanticipated release of sediments. Any take occurring as a

August 12, 2016
result of such an event is not covered by this incidental take statement or the accompanying BO
and may not be exempt from the section 9 prohibitions.
If freshly killed dwarf wedgemussels are found in the project area, care must be taken in their
handling to preserve biological material in the best possible condition. In conjunction with the
preservation of any dead specimens, the finder has the responsibility to ensure that evidence
intrinsic to determining the cause of death of the specimen is not unnecessarily disturbed. The
reporting of dead specimens is required to enable the Service to determine if incidental take is
reached or exceeded and to ensure that the terms and conditions are appropriate and effective.
Upon locating a dead, injured, or sick specimen of an endangered or threatened species, prompt
notification must be made to:
Thomas R. Chapman, Supervisor

U.S. Fish and Wildlife Service
70 Commercial St., Suite 300
Concord, NH 03301
(603) 223-2541
CONSERVATION RECOMMEND A TIO NS
Section 7(a)(l) of the ESA directs Federal agencies to utilize their authorities to further the
purposes of the ESA by carrying out conservation programs for the benefit of endangered and
threatened species. Conservation recommendations are discretionary agency activities to
minimize or avoid the adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information. The Service has identified the
following actions which, if unde1iaken by FERC, would further the conservation and assist in the
recovery of the dwarfwedgemussel.
Seek opportunities to preserve dwarf wedgemussel populations and occupied habitats

throughout the species' historic range (DwarfWedgemussel Recovery Plan, Task 2).
Within watersheds suppotiing populations of dwarf wedgemussel, implement projects to
improve water quality by reducing non-point source pollution. Potential projects may
include, but are not limited to, wetland preservation or wetland restoration and
streambank restoration (via establishment of native plant species). This action would
partially meet the objectives of the recovery plan (Dwarf Wedgemussel Recovery Plan,
Task 1.3).
REINITIATION NOTICE
This concludes formal consultation on the Federal action outlined in the October 6, 2015
initiation letter. As provided in 50 CFR 402.16, reinitiation of formal consultation is required
where discretionary Federal agency involvement or control over the action has been maintained
(or is authorized by law) and if (1) the amount or extent of incidental take is exceeded; (2) new
information reveals effects of the agency action that may affect listed species or critical habitat in
a manner or to an extent not considered in this BO; (3) the agency action is subsequently

August 12, 2016
modified in a manner that causes an effect to the listed species or critical habitat that was not
considered in this BO; or (4) a new species is listed or critical habitat designated that may be
affected by the action. In instances where the amount or extent of incidental take is exceeded, the
exemption issued pursuant to section 7(o)(2) may have lapsed and any further take could be a
violation of section 4(d) or 9. Consequently, we recommend that any operations causing such
take cease pending reinitiation.
If you have any questions about this biological opinion, please contact Ms. Maria Tur of this
office at 603-223-2541, or by e-mail at maria_tur@fws. ov.
Sincer~ yyj(J r\\

~Chapman
Supervisor
Literature Cited
Biodrawversity, LLC, The Louis Berger Group, Inc. and Normandeau Associates. 2014. ILP
Study 24 Dwarf Wedgemussel and co-occurring mussel study, Phase 1 Report. Public
version. 55 pp.
Eaton, J. G. and R. M. Scheller. 1996. Effects of climate warming on fish thermal habitat in
streams of the United States. Limnology and Oceanography 41: 1109-1115.
Ellis, M. M. 1936. Erosion silt as a factor in aquatic environments. Ecology 17: 29-42.
Gabriel, M. 1996. 1996 Monitoring of the dwarf wedgemussel (Alasmidonta heterodon) in the
Ashuelot and Connecticut Rivers, New Hampshire. Report submitted to The Nature
Conservancy, Eastern Regional Office, Boston, Massachusetts. 27 pp.
Galbraith, H. S., C. J. Blakeslee and W. A. Lellis. 2015 in press. Behavioral responses of

freshwater mussels to experimental dewatering. Freshwater Science. Accepted 5 May
2014.
Gascho Landis, A., W. R. Haag and J. A. Stoeckel. 2013. High suspended solids as a factor in
reproductive failure of a freshwater mussel. Freshwater Science. 32(1 ):70-81.
Harman, W. N. 1974. The effects of reservoir construction and canalization on the mollusks of
the upper Delaware Basin. Bull. Am. Malac. Union 1973: 12-14.
Havlik, M. E. and L. L. Marking. 1987. Effects of contaminants on Naiad Mollusks (Unionidae):

A Review. U.S. Department of the Interior, Fish and Wildlife Service, Resource
Publication 164. Washington, D.C. 20 pp.
Karl, T. R., J.M. Melillo and T. C. Peterson (eds.). 2009. Global Climate Change Impacts in the
United States. Cambridge University Press.
Loar, J. M., L. L. Dye, R. R. Turner and S. G. Hildebrand. 1980. Analysis of environmental

issues related to small-scale hydroelectric development 1, dredging. ORNL, Environ. Sci.
Div. Pub!. No. 1565, Oak Ridge, Tennessee. 134 pp.
McLain, D. and M.R. Ross. 2005. Reproduction based on local patch size of Alasmidonta
heterodon and dispersal by its darter host in the Mill River, Massachusetts, USA. Jour. N.
Am. Benthol. Soc., 24(1):139-147.
Michaelson, D. L. and R. J. Neves. 1995. Life History and habitat of the endangered dwarf
wedgemussel Alasmidonta heterodon (Bivalvia:Unionidae). Jour. N. Am. Benthol. Soc.
14:324-340.
Milly, P. C. D., K. A. Dunne and A. V. Vecchia. 2005. Global pattern of trends in streamflow
and water availability in a changing climate: Nature 438, (7066): 347-350.
Ms. Shannon Jones 2

August 12, 2016
Najjar, R. G., H. A. Walker, P. J. Anderson, E. J. Barron, R. J. Bord, J. R. Gibson, V. S.

Kennedy, C. G. Knight, J.P. Megonigal, R. E. O'Connor, C. D. Polsky, N. P. Psuty, B.
A. Richards, L. G. Sorenson, E. M. Steele and R. S. Swanson. 2000. The potential
impacts of climate change on the mid-Atlantic coastal region. Climate Research 14: 219-
233.
New Hampshire Fish and Game Department. 2006. New Hampshire Wildlife Action Plan.
Strayer, D. 1994. A range-wide assessment of populations of the dwarf wedgemussel

Alasmidonta heterodon. Report to the U.S. Fish and Wildlife Service. 59 pp.
U.S. Fish and Wildlife Service. 1993. Dwarf Wedge Mussel Alasmidonta heterodon Recovery
Plan. Hadley, Massachusetts. 52 pp.
U.S. Fish and Wildlife Service. 2007. Dwarf Wedgemussel Alasmidonta heterodon 5-Year
Review: Summary and Evaluation. New England Field Office, Concord, New
Hampshire. 27 pp.
U.S. Fish and Wildlife Service. 2014. Dwarf Wedgemussel Alasmidonta heterodon 5-Year
Review: Summary and Evaluation. Approved January 9, 2014. New England Field
Office, Concord, New Hampshire. 40 pp.
Watters, T. 2001. Freshwater mussels and water quality: A review of the effects of hydrologic
and instream habitat alterations. Proceedings of the First Freshwater Mollusk
Conservation Society Symposium, 1999. Ohio Biological Survey, Columbus Ohio. pp.
261-274.
White, B. 2007. Evaluation of fish host suitability for the endangered dwarf wedgemussel
alasmidonta heterodon. Masters Thesis. Pennsylvania State University, College of
Agricultural Sciences, State College, PA. 92 pp.
Miller, Shannon
From: Saucier, Laura <Laura.Saucier@ct.gov>

Sent: Monday, March 28, 2016 4:12 PM
To: Benito, Brian
Cc: DeBarros, Nelson; McKay, Dawn; Hoskins, Douglas; Riese, Frederick
Subject: RE: NDDB #201602497 inquiry
HiBrian,
Sorryfortheomissionsofbaldeagleandcommentsontheinvertebratereport.Thankyouforprovidingtheprotective
measuresyouintendtoutilizeforstatelistedreptiles.
Inadditiontowhatwassubmittedinmypreviousemail(below),intheinterim,thefollowingissueshavebeensettled:
Animals:noconcernsforthestatethreatenedbaldeagle giventhedistancefromknownnestlocationstothe
projectarea.
Animals:noconcernswithstatelistedreptilesgivenincorporationoftheprotectivemeasuresproposedinto
theproject.WerecommendthatEIsconductsweepsforturtleswhenheavymachineryisworkinginthe
preferredhabitatsofthesespecies.
Animals:Invertebratesurveyreport:noconcernsforstatelistedmothandbeetlespeciesbasedonthereport
byDr.DavidWagner.AfinalquestioniswillanyofhisrecommendationsfortheKripesRoadsitebe
incorporatedintotheproject?
Treecutting:
Dwarfwedgemussel:untiltheinformationrequestedondwarfwedgemusselisprovidedwedonotauthorize
treecuttingwithin100feetofStonyBrookorMuddyBrookcrossings.
Thanks,
Laura
Laura Saucier
Wildlife Diversity Program
Wildlife Division - Bureau of Natural Resources
Connecticut Department of Energy and Environmental Protection
PO Box 1550, 341 Milford Street
Burlington, CT 06013
P: 860.424-3101F: 860.675-8141E: laura.saucier@ct.gov

From:Saucier,Laura
Sent:Monday,March28,201612:50PM
To:'Benito,Brian'
Cc:DeBarros,Nelson;McKay,Dawn;Hoskins,Douglas;Riese,Frederick
Subject:RE:NDDB#201602497inquiry
HiBrian,
Thanksforyourcall.
IamunabletoprovideanofficialresponsefromDEEPuntilwereceivesomeadditionalinformationregardingthis
project.
Intheinterim,thefollowingissuesaresettled:
Plants:noconcernsforstatelistedplantsfromthisproject.
Animals:noconcernsforfederalthreatenedandstateendangerednorthernlongearedbatgiventhedistance
fromknownlocationstotheprojectarea.
Animals:noissueswithstatelistedgrasslandbirds,hornedlark,grasshoppersparrow,vespersparrow,
Savannahsparrow,bobolink,uplandsandpiper,northernharrier,Americankestrel,easternmeadowlark,and
brownthrasher(theserecordsareallassociatedwithBradleyAirportwhichisnotintheprojectarea)
1
Informationneeds:
Westillneedprotectionplansforstatelistedreptiles,easternboxturtle,hognosesnakeandwoodturtlefor
thisproject
Dwarfwedgemussel(DWM):
IhavenotseenanalternativesanalysisassociatedwithcrossingMuddyandStonyBrooksgiventhepresenceof
dwarfwedgemussel.Fromourconversation,younotedthelocationofthecrossingisstaticgiventhelocationof
thepipelineandaccesspermissionsalreadyinplacethusalternatelocationsarenotbeingconsidered.
Giventhatthelocationcouldnotbeavoided,whywashorizontaldirectionaldrilling(HDD)notconsideredto
eliminatefederallylistedspeciesissues?UsingHDDpracticesshouldbethefirstpriorityoveropentrenchingto
avoidimpactstomusselsandavoidhabitatdegradationandfragmentation.IfHDDwasutilized,potentiallythe
musselconsiderations(theexceptionbeinglandclearingonthestreambankoruseofriprap)wouldnotneedto
beemployed.
AsImentionedoverthephone,Ionlyrecentlyreviewedtherelocationandmonitoringplan.Iftrenchingends
upbeingthemethodemployed,whileIconcurwiththerelocationmethodsyourconsultanthasproposed,
monitoringrequirementswillneedtobelongerthanoneyeargiventhenumberofanimalsbeingmoved.CT
populationsaresmallandfragile25animalsatanyonelocationisalotforourstandards.Postconstruction
monitoringshouldbescheduledforonemonth,oneyear,yearthreeandyearfive.
Ifanimalsarerelocated,twoadditionalspeciesofregionalconservationconcernshouldalsobemovedwith
DWM.Creeper(Strophitisundulatus)andtrianglefloater(Alasmidontaundulata).
Iwouldlikemoredetailsonthepossiblerelocationsitesfromthemusselbiologist,specificallyaddressingthe
qualityofthehabitatandlikelihoodofthelocationtoholdalloftheanimalsproposedforrelocation.Canthe
locationhandlemoreindividualsifmorearefound?
Ialsohaveconcernsaboutthelongtermimpactsofthepipelineinstallation.
o Willtherebethermologicalchangestothatareaofthestream?DWMisverysensitivetowater
temperatures,specificallyfromwarming.Willthepipegiveoffheat?
o Howoftenwillthispipeneedtobeaccessedformaintenance?
o Willtherebechangestothestreamgeomorphologyorhydraulicparametersofthesesystemsthatwill
impactmusselbedsdownstream?
Thanks,
Laura
Laura Saucier
Wildlife Diversity Program
Wildlife Division - Bureau of Natural Resources
Connecticut Department of Energy and Environmental Protection
PO Box 1550, 341 Milford Street
Burlington, CT 06013
P: 860.424-3101F: 860.675-8141E: laura.saucier@ct.gov
2
Miller, Shannon
From: Miller, Shannon

Sent: Wednesday, March 30, 2016 11:46 AM
To: Miller, Shannon
Subject: RE: CT Expansion NHESP Consult Request
From: Glorioso, Lauren (FWE) [mailto:lauren.glorioso@state.ma.us]

Sent: Tuesday, March 29, 2016 12:22 PM
To: Benito, Brian
Subject: RE: CT Expansion NHESP Consult Request

NHESP 13-32620
Hi Brian,
Thank you for sending the letter and shapefiles to the NHESP via mail (received 3/11/2016) regarding the CT Expansion
project. This email is to confirm that the NHESP does not have any data regarding the presence of Bald Eagle nest sites
in the proximity of the project location, including the access roads and pipe yard locations. If you have additional
questions, please let me know.
Sincerely,
Lauren Glorioso
Endangered Species Review Assistant
Natural Heritage & Endangered Species Program | Division of Fisheries & Wildlife | 1 Rabbit Hill Road | Westborough,
MA 01581 | ph: 508-389-6361 | fax: 508-389-7890 | lauren.glorioso@state.ma.us | www.mass.gov/nhesp
1
TABNO.2
U.S.FISHANDWILDLIFE,NEWYORKOFFICE
CLEARANCESANDCORRESPONDENCE
CP14529000

United States Department of the Interior

3817 Luker Road
Cortland, NY 13045
October 16,2015
Mr. Timothy O'Sullivan

Project Manager
AECOM
10 Orms Street, Suite 405
Providence, RI 02904
Dear Mr. O'Sullivan:
This responds to your September 14,2015, letter regarding Tennessee Gas Pipeline Company's
proposal to construct and operate the Connecticut Expansion Project that will be located in
New York, Massachusetts, and Connecticut. The project involves 13.3 miles of pipeline looping,
which is the installation of new pipeline along an existing pipeline within an active right-of-way.
This letter specifically addresses portions of the project that are proposed in New York. Separate
correspondence will be needed for the Massachusetts and Connecticut portions of the project.
The New York portion, known as the "New York Loop", involves the construction of new 36-
inch pipeline looping totaling 1.35 miles in the Town of Bethlehem, Albany County. The
pipeline will be built along the south side of the existing line.
As you are aware, federal agencies, such as the Federal Energy Regulatory Commission (FERC),
have responsibilities under Section 7 of the Endangered Species Act of 1973 (ESA) (87 Stat.
884, as amended; 16 U.S.C. 1531 et seq.) to consult with the U.S. Fish and Wildlife Service
(Service) regarding projects that may affect federally-listed species or designated critical habitat,
and confer with the Service regarding projects that are likely to jeopardize federally-proposed
species or adversely modify proposed critical habitat. We understand that all FERC licensees,
applicants, pipeline companies, and their representatives have been designated the FERC's non-
federal representative for the purposes of completing informal consultation pursuant to
Section 7(a)(2) of the ESA.
On behalf of the FERC, AECOM has determined that the proposed project "may affect, but is
not likely to adversely affect," the federally-listed threatened northern long-eared bat (Myotis
septentrionalis; NLEB). While there is a NLEB hibernaculum within 2.0 miles of the project
area, the Service concurs with your determination given that no known roosts are located within
or adjacent to the project area, a relatively small number of trees are proposed for removal
(approximately 4.5 acres), and trees will be removed between October 1 and March 31, when
bats are in hibernation.
We also encourage the incorporation of the following conservation measures into the project to
further avoid and minimize impacts to this species:
Bright orange construction fencing and flagging will be used to demarcate trees to be
protected compared with those to be cut prior to the initiation of any construction;
Artificial dyes, coloring, insecticide, algaecide, and/or herbicides will not be used around
waterbodies for long-term maintenance of the pipeline; and
The number of lights will be limited and will include motion sensors, be shielded, and
will be directed downward toward the ground and buildings.
Should project plans change, or if additional information on listed or proposed species or critical
habitat becomes available, this determination may be reconsidered. The most recent compilation
of federally-listed and proposed endangered and threatened species in New York is available for
your information. Until the proposed project is complete, we recommend that you check our
website every 90 days from the date of this letter to ensure that listed species presence/absence
information for the proposed project is current. *
Any additional information regarding the proposed project and its potential to impact listed
species should be coordinated with both this office and with the New York State Department of
Environmental Conservation.
Thank you for your time. If you require additional information or assistance please contact
Noelle Rayman at 607-753-9334. Future correspondence with us on this project should
reference project file 130813.
Sincerely,
$-_MC(~u-6-
David A. Stilwell
Field Supervisor
* Additionalinformation referred to above may be found on our website at:

http://www.fws.gov/northeast/nyfo/es/section7.htm
cc: NYSDEC, Albany, NY (Env. Permits, C. Herzog)

NYSDEC, Schenectady, NY (Env. Permits)
2
20160628-0029 FERC PDF (Unofficial) 4/6/2017
20170406-5696 06/28/2016
4:26:40 PM
United States Department of the Interior ~%$ 4%URIS
New England Field Offic

70 Commercial Street, Suite 300
Concord, NH 03301-5087
http: //www.fws.gov/newengland
Subject: Connecticut Expansion Project (Docket I/ CP14-529-000) eII 20+

Kimberly D. Bose, Secretary
~p~
Kl
888 First Street, N.E., Room 1A
Washington, DC 20426
5 ORIGINAL nm
Il
co~
Dear Ms. Bose: I Q
This responds to your letter, dated May 3, 2016, regarding the Tennessee Gas Pipeline
Company's Connecticut Expansion Project (Project), requesting that we concur with your
determination that the Project may effect, but is not likely to adversely affect, the federally
endangered Indiana bat (Myotis sodalist). Your request and our response are provided in
accordance with section 7 of the Endangered Species Act (87 Stat. 884, as amended; 16 U.S.C.
1531, et set/.).
The purpose of the Project is to upgrade an existing pipeline system in New York,
Massachusetts, and Connecticut, to transport natural gas. The Project would install
approximately 13,3 miles of pipeline looping (installation of new pipeline along existing pipeline
within active rights-of-way). This concurrence request is for 1.4 miles of a new 36-inch-diameter
natural gas pipeline loop in Albany County, New York. Due to the extremely low likelihood that
Indiana bats would be present within the project area, Tennessee Gas is not proposing any time-
of-year restrictions on project activities.
The U.S. Fish and Wildlife Service does not anticipate any adverse impacts to the Indiana bat as
a result of this Project. While there is a historical occurrence record for this species within the
proposed project area, and suitable roosting and/or foraging habitat also may be present, adverse
effects to Indiana bats are highly unlikely, because exceedingly low numbers of individuals, if
any, remain in the project area subsequent to white nose syndrome. Therefore, we concur with
your determination that the Project may affect, but is not likely to adversely affect the Indiana
bat. Further consultation with our office is not required at this time. If the proposed action
changes, which may affect a listed species or critical habitat in a manner not considered by our
oflice, please contact us immediately to determine if additional consultation is required.
20170406-5696 06/28/2016
4:26:40 PM
Kimberly D. Bose
June 24, 2016
Thank you for your coordination on this project. Please contact Ms. Maria Tur of this office at
603-223-2541 with any additional information or for further assistance.
Sincerely yours,
Thomas R. Chapman
Supervisor
20170406-5696 06/28/2016
4:26:40 PM
Kimberly D. Bose
June 24, 2016
CC: Reading file

Shannon Jones (shannon. jones(@fere.gov)
Elaine P. Baum (elaine.baumfere.gov)
NYFO, Patricia Cole, Noelle Rayman, David Stilwell
ES: MTur:6-24-16:603-223-2541
20170406-5696 06/28/2016
4:26:40 PM
Document Content(s)
14288197.tif..........................................................1-3
TABNO.3
CLEANWATERACT,SECTION404PERMITISSUEDBY
U.S.ARMYCORPSOFENGINEERS,NEWYORKDISTRICT

CP14529000

TABNO.3
CLEANWATERACT,SECTION404PERMITISSUEDBY
U.S.ARMYCORPSOFENGINEERS,NEWENGLANDDISTRICT

CP14529000

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS
NEW ENGLAND DISTRICT
696 VIRGINIA ROAD
CONCORD MA 01742-2751
January 13, 2017

Regulatory Division
File No. NAE-2013-02329
James Flynn
Tennessee Gas Pipeline Company, LLC.
1001 Louisiana Street
Houston, Texas 77002
Dear Mr. Flynn:
Attached are two copies of a Department of the Army pennit authorizing your project.
Please sign both copies of the permit and return one signed copy to this office at the
address above. A fee of $100.00 is required. Please enclose a check made payable to "FAO
New England District", and return it with the signed permit copy. Also, please ensure your
address and social security number, or tax identification number for businesses, are on the
check. The authorized work cannot start until we receive a complete, signed copy of the
permit.
You are required to complete and return the attached forms to this office:
1. Preliminary Jurisdictional Deteimination Form to be submitted along with your
signed copy of the permit
2. Work Start Notification Faun at least two weeks before the anticipated work start date.
3. Compliance Certification Form within one month following the completion of the
authorized work.
4. Mitigation Work Start Notification Form since your project involves mitigation.
This permit is a limited authorization containing a specific set of conditions. Please

read the permit thoroughly to familiarize yourself with those conditions, including any
conditions contained on the attached state water quality certifications. If a contractor
does the work for you, both you and the contractor are responsible for ensuring that the work
is done in compliance with the permit's terms and conditions, as any violations could result
in civil or criminal penalties.
Our verification of this project's wetland delineation under the Corps of Engineers
Wetlands Delineation Manual, and its applicable supplement, is valid for a period of five years
from the date of this letter unless new information warrants revision of the determination before
the expiration date.
A combined Notification of Administrative Appeal Options and Process (NAP) and

Request for Appeal (RFA) form, and flow chart explaining the appeals process and your options,
are attached to this letter. If you desire to appeal this proffered permit, you must submit a
-2-
completed RFA foirti along with any supporting or clarifying information to James W. Haggerty;
Administrative Appeals Review Officer; North Atlantic Division, Corps of Engineers; North
Atlantic Fort Hamilton Military Community, Bldg. 301; General Lee Avenue; Brooklyn, NY
11252-6700. Contact info: (347) 370-4650 or james.w.haggerty@usace.army.mil.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR 331.5, and that it has been received
by the Division Office within 60 days of the date of the NAP.
You may not appeal conditions contained in the State water quality certification or the
CZM consistency determination under this program as they are automatically included in the
Federal permit. This authorization does not obviate the need to obtain other Federal, state,
or local authorizations required by law.
We continually strive to improve our customer service. In order for us to better serve
you, we would appreciate your completing our Customer Service Survey located at
http://corpsmapu.usace.army.mil/cm apex/flyregulatory survey.
If you have any questions regarding this correspondence, please contact Ms. Cori M. Rose
at (978) 318-8306 or (800) 343-4789.
Robert J. DeSista
(We,
Chief, Permits and Enforcement Branch
Regulatory Division
Enclosures
CC:
Andrew Dangler, USACE NY District, Upstate Regulatory Field Office, 1 Buffington St., Bldg
10, 3rd Floor, Watervliet, New York 12189-4000, Andrew.c.dangler@usace.army.mil
Marcos Paiva, USACE-New England District, MarcosA.Paiva@usace.army.mil
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE
Washington, DC 20426 (Electronic submittal via e-library)
Elain Baum, Federal Energy Regulatory Commission, Elaine.Baum@ferc.gov

-3-
Ellen St. Onge, Federal Energy Regulatory Commission, Ellen.St.Onge@ferc.gov
Eric Howard, Federal Energy Regulatory Commission, Eric.Howard@ferc.gov
Laura Teracino, U.S. Environmental Protection Agency Region 1,Teracino.Laura@epa.gov
Mike Marsh, U.S. Environmental Protection Agency Region 1, marsh.mike@epa.gov

Tim Timmeiman, U.S. Environmental Protection Agency, Region 1,
Timmermann.timothy@epa.gov
David Foulis, Mass DEP Western Region Wetlands & Waterways,

David.Foulis@MassMail.State.MA.US
Robert Gilmore, Connecticut DEEP LWRD, 79 Elm Street, Hartford, Connecticut 06106
Robert.Gilmore@ct.gov
Fred Riese, Connecticut DEEP, Office of Environmental Review, 79 Elm Street, Hartford,
Connecticut 06106, frederick.riese@ct.gov
Nancy Putnam, Massachusetts DCR Ecology & ACEC, Nancy.putnam@state.ma.us
Brian Benito, Kinder Morgan, Brian Benito@kinder.morgan
Dennis Lowry, AECOM, Dennis.Lowry@aecom.com
Sandisfield Conservation Commission, clar92@verizon.net
Agawam Conservation Commission, pkerr@agawam.ma.us

-- --
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Tennessee Gas Pipeline Company File Number: NAE-2013- Date: 13 January 2016
02329
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
X PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
http://www.usace.army.rnil/Missions/CivilWorks/RegulatoryProgramandPermits/appeals.aspx or Corps
regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the farm to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send
you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit

ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may
appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or

provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps

regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of infoimation that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal process you If you only have questions regarding the appeal process
may contact: you may also contact:
Mr. James W. Haggerty
Regulatory Program Manager (CENAD-PD-OR)
U.S. Army Corps of Engineers
Fort Hamilton Military Community
301 General Lee Avenue
Brooklyn, New York 11252-6700
Telephone number: 347-370-4650
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to
conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.

Administrative Appeal Process for Permit Denials and Proffered Permits
Corps provides appealable action

to applicant/landowner with NAP/RFA
Applicant decides to appeal denied permit or

declined proffered permit. Applicant submits RFA
to division engineer within 60 days of date of NAP.
Corps reviews RFA, and notifies

appellant within 30 days of receipt.
To continue with appeal

process, appellant must
revise RFA.
See Appendix D.
Appeal conference held within 60 days of receipt

of acceptable RFA, unless appellant and RO
mutually agree to forego the conference.
A site visit may be held.
71,
RO reviews record and the division engineer
renders a decision on the merits of the appeal
within 90 days of receipt of an acceptable RFA.
Yes Does the

appeal have
merit?
Division engineer remands
decision to district engineer, No
with specific instructions for
reconsideration; appeal District engineer's decision is upheld;
process completed. appeal process completed.
NOTE: If new information is provided to the Corps, the applicant will be asked if the applicant
wishes to revise the project or record. If so, the appeal will be withdrawn and the case
returned to the District for appropriate action. If not, then the Division Engineer will rule on the
merits of the appeal based on the administrative record without consideration of the new
Appendix A information. However, the new information may cause the District Engineer to take action
under 33 CFR 325.7, independent of the appeal process.
Administrative Appeal Process for

Approved Jurisdictional Determination
District issues approved

Jurisdictional Determination (JD)
to applicant/landowner with NAP.
Approved JD valid Does applicant/landowner

for 5 years. Yes accept approved JD?
Max. 60
days
District makes new
approved JD. Applicant/landowner
Yes provides new information?
No
Applicant decides to appeal approved JD.

Applicant submits RFA to division engineer
Within 60 days of date of NAP.
V
Corps reviews RFA and notifies
appellant within 30 days of receipt.
To continue with appeal

process, appellant must
revise RFA. Is RFA acceptable? .
See Appendix D. No
Yes
V
Optional JD Appeals Meeting and/or
site investigation.
V
RO reviews record and the division engineer
(or designee) renders a decision on the merits
of the appeal within 90 days of receipt of an
acceptable RFA.
Division engineer or designee

remands decision to district,
with specific instructions, for 4 Does the appeal have merit?
reconsideration; appeal Yes
process completed.
No
District's decision is upheld;

appeal process completed.
Appendix C
DEPARTMENT OF THE ARMY PERMIT
Permittee Tennessee Gas Pipeline Company, LLC
Permit No
NAE-2013-02329
Issuing Office New England District
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below,
Project Description:
Placement of fill in waters and wetlands for the installation of 12.1 miles of gas pipeline loop and
associated facilities in Connecticut (8.3 miles), and Massachusetts (3.8 miles). The work will consist of the
installation of new 36 inch pipeline loop in Mass. and new 24 inch pipeline loop in Conn. adjacent to
existing utility rights-of-way. Work regulated by the Corps is waterbody crossing and fill in wetlands for
construction and establishment of temporary work areas. The purpose of the project is expansion of
Tennessee Gas Transmission Company's existing pipeline system to increase natural gas delivery capacity
and transportation service up to 72,100 dekatherms per day to the northeast region of the United States.
(continued on page 4).
This work is shown on the attached plans entitled "TENNESSEE GAS PIPELINE COMPANY, CT
EXPANSION PROJECT, PROPOSED ACTIVITIES BY TYPE AND IN-SITU RESTORATION" in 64
sheets dated "February 2, 2016".
Project Location:
The 3.8 mile Massachusetts Loop beginning at Latitude 41.38324 N and Longitude -73.54436 W, West
Otis, Mass. and extending to Latitude 41.41177 N and Longitude -73.46900 W in Sandisfield, Mass. on
the Berkshire County 7.5 Minute USGS topographic quadrangle sheet; the 8.3 mile Connecticut Loop
(continued on page 5).
Permit Conditions:
General Conditions:
January 31, 2023
1. The time limit for completing the work authorized ends on If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENO FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
1
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization,
6, If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
8. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
Permit Special conditions begin on Page 5
Further Information:
1, Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
1\,) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C, 141.3),
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c, This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unperrnitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest,
c. Damages to persons, property, or to other permitted or unpermitt'ed activities or structures caused by the activity
authorized by this permit,
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
6. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant, Circumstances that could require a reevaluation include, but are not limited to, the following:
a, You fail to comply with the terms and conditions of this permit,
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision,
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326,4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps' will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) (DATE)
This t becomes effective w4r

h the Federal official, designated to act for the Secretary of the Army, has signed below.
ar7 / 7
(DATE)
Chi f, Permits & Enforcement Branch
Regulatory Division
For District Engineer
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
3
U.S, GOVERNMENT PRINTING OFFICE: 1986- 717-425
PROJECT DESCRIPTION
(continued from Page I)
1. The permittee shall ensure that a copy of this permit is at the work site (and the project office)
authorized by this permit whenever work is being performed, and that all personnel with
operational control of the site ensure that all appropriate personnel perfoiming work are fully
aware of its terms and conditions. The entire permit shall be made a part of any and all contracts
and sub-contracts for work that affects areas of Corps jurisdiction at the site of the work
authorized by this perniit. This shall be achieved by including the entire permit in the
specifications for work. The term "entire permit" means this peunit (including its drawings,
plans, appendices and other attachments) and also includes permit modifications.
The project will include excavation, fill and grading within Waters or the United States (WOUS).
The work will result in the permanent loss of 4,792 sf (0.11+ acre) of palustrine herbaceous
wetland to upgrade existing unimproved roadways for equipment access at two separate aquatic
resource locations (reference to. WMA-24/WCT-26). The remaining aquatic resource impacts
from the project are considered to be either temporary and/or or operational (i.e. there will be no
net loss of wetland acreage). In total the expansion project will temporarily impact 18
waterbodies (4 in Mass. and 14 in Conn.), 72 wetland areas (18 in Mass. and 54 in Conn.) and 23
vernal pools (6 in Mass. and 17 in Conn.) and/or their associated critical upland habitat forest
(1.10 acre/4.96% Mass. and 1.52 acre/4.39%).
The aquatic resource impact areas (construction and operation combined) subject to evaluation
under Section 404 of the Clean Water Act are the portions of the pipeline installation that will
directly impact 205 linear feet of waterway and 55.20 acres of wetlands (10 acres in Mass. and
45.20 acres in Conn.). In addition, the long-term operation of the project is anticipated to result
in conversion of 9.39 acres of forested or scrub shrub wetland to a different early-succession
wetland habitat type (palustrine emergent or shrub wetland) within a portion of the newly
.designated post-installation permanent right-of-way (2.41 acres in Mass. and 6.98 acres in
Conn.).
Construction of the pipeline will require 18 waterway crossings. Each crossing will require an
approximately 15-foot wide area to be disturbed. The total impact for stream bed and bank
disturbance below ordinary high water is estimated at 16,117 square feet (0.37 acre) within
Conn. and 615 square feet in Massachusetts.
In addition, project construction will require a total of 18 access roads (13 temporary and 5
permanent). During early planning phases of the project, TGPC took great care to locate these
access ways outside of sensitive aquatic resource areas. The current configuration uses only
existing roadways such that only two (as identified above) will result in a permanent discharge of
fill into a waterway or a wetland (permanent conversion to upland). The purpose of the fill at
these two locations is to upgrade the existing roadway for safe use of construction-related
vehicles. Access roads associated with the project will also cross five streams that have the
-4-
potential to support fish. However, these access roads and their existing culvert crossings are pre-
existing and sufficient for the migratory movement of resident fish. These crossings will not be
modified.
(Project location continued from Page 1)
beginning in Agawam, Mass. at Latitude 41.63103 N and Longitude -72.67395 W, extending to

Latitude 41.63943 N and Longitude -72.673593 Win East Granby, Mass. on the Hartford,
County, Conn. and the Hamden County, Mass. 7.5 Minute USGS topographic quadrangle sheets.
(See Attachment 1).
SPECIAL PERMIT CONDITIONS
1. The permittee shall ensure that a copy of this pennit is at the work site (and the project office)
authorized by this permit whenever work is being performed, and that all personnel with
operational control of the site ensure that all appropriate personnel perfonning work are fully
aware of its terms and conditions. The entire permit shall be made a part of any and all contracts
and sub-contracts for work that affects areas of Corps jurisdiction at the site of the work
authorized by this permit. This shall be achieved by including the entire permit in the
specifications for work. The tenn "entire permit" means this permit (including its drawings,
plans, appendices and other attachments) and also includes permit modifications.
If the permit is issued after the construction specifications, but before receipt of bids or quotes,
the entire permit shall be included as an addendum to the specifications. If the permit is issued
after receipt of bids or quotes, the entire permit shall be included in the contract or sub-contract.
Although the permittee may assign various aspects of the work to different contractors or sub-
contractors, all contractors and sub-contractors shall be obligated by contract to comply with all
environmental protection provisions contained within the entire permit, and no contract or sub-
contract shall require or allow unauthorized work in areas of Corps jurisdiction.
2.Wetland Boundaries. Prior to construction, TGPC will clearly demarcate the wetland
boundaries,and temporary work space (TWS) and alternate temporary work space (ATWS) in
the field with signs and/or highly visible flagging in accordance with the verified wetland
delineation submitted to this office on September 21, 2015 and subsequent revisions that were
approved by this office on January 15, 2016. Such demarcation shall be maintained throughout
construction and all construction and related ground disturbance is to be confined to the existing
right of way (ROW), TWS and ATWS depicted on the authorized project plans.
3. Construction Compliance Certification. The Permittee shall ensure that all of its
Environmental Compliance Construction Inspectors have the requisite education and experience
to oversee the authorized construction activity that includes a discharge of fill in waters and
wetlands. Prior to the commencement of work in aquatic resources, each inspector shall
-5-
acknowledges receipt and review of the Corps permit special terms and conditions on the
enclosed form and the initialed forms will be forwarded to the Corps of Engineers as identified
below in Condition Number 9 for "Post-Pellnit Submittals."
4. Avoidance and Minimization of Adverse Effects: The permittee shall adhere to all specified
construction methods and best management procedures identified in the 24 July 2015 Clean
Water Act, Section 404 application to the Corps (and all supporting documents) to avoid and
minimize project-related adverse impact to aquatic resources, unless a component of the original
application has been superseded by any subsequent Corps or state agency submittal.
5. Authorized Project Plans. All work shall be undertaken in accordance with the following
approved project plans:
Attachment 1 "Alternatives, Avoidance and Minimization of Impacts for the
Connecticut Expansion Project" in 22 pp.
Attachment 2 "Final Compensatory Wetland Mitigation plan, New England
Portion of the Connecticut Expansion Project" in 98 pp.
Attachment 2B (1) - "Proposed Activities by Type and In-Situ Restoration Plans
MA Loop" in 19 pp. dated February 2, 2016 revised through October 13,
2016.
Attachment 2B (2) - "Proposed Activities by Type and In-Situ Restoration Plans
CT Loop" in 45 pp. dated February 2, 2016.
Attachment 2B (3) "SMA8/10, SMA-14, and SMA-20 Master Construction
Sequence" in 4 pp.
Attachment 2B (4) "SMA8/10, SMA-14, and SMA-20 Restoration Plans" in
10 pp. dated January 25, 2016.
Attachment 2C "Aerial Plans of Fales Mitigation Parcel, Photographs of the
Fales Site, Soil Survey of the Fales Site and Vicinity, Fales Site Wetland and
Expansion/Enhancement Plan" in 15 pp. dated September 23, 2015.
Attachment 2D Final "Invasive Species Control Plan, Connecticut Expansion
Project, Massachusetts and Connecticut" in 63 pp. revised through March 2016.
Attachment 3 "USACE Wetland Data Forms for the Fales Site" in 105 pp.
Attachment 5 "Kierkla/Nicholson Estate Parcel Wetland Mitigation Overview
and Summary Proposal for the Connecticut Expansion Project Connecticut
Loop" in 61 pp.
Attachment 5A "Site Map" dated December 9, 2016
Attachment 5B "Property Survey/Lot Line Modification Plan" dated
December 21, 2016
Attachment D "Draft Declaration of Restrictive Covenants"
Attachment E "Draft Stewardship Costs for Suffield Land Conservancy"
Attachment F "Invasive Species Control Plan for the Kierkla/Nicholson Estate
Parcel" dated December 2016 including "Appendix A Invasive Species Control
Area"
-6-
'Suffield Land Conservancy Conservation Restriction on 1466 South Grand

Street and a Portion of the Nickelson Property, as Surveyed on Plan Titled
"Stanley E. Kierkla & Ann Kierkla and The Trust of William J Nicholson Jr."
dated December 2, 2016 in Suffield, CT 06078 Stewardship & Management
Commitment Certification Document" executed January 4, 2017.
"Connecticut Expansion Project Ceremonial Stones, Massachusetts Loop 200-3,
Berkshire Country, Massachusetts, ACOE Stone Exhibit" dated September 27,
2016 revised through October 25, 2016.
6. Water Quality Certification. The permittee shall implement all applicable terms and
conditions contained within the attached water quality certifications from the State of
Massachusetts Department of Environmental Protection (MassDEP) dated June 29, 2016, and the
State of Connecticut Department of Energy and Environmental Protection (CT DEEP) dated
October 4, 2016. Copies of all submittals required by MassDEP or CTDEEP shall also be
provided to the Corps.
7. Post-Permit Submittals. Except where stated otherwise, reports, drawings, correspondence

and any other submittals required by this permit shall be marked with the words "Permit No.
NAE-2013-02329" and shall be submitted via: a) MAIL: PATS Inspection Branch - Regulatory
Division, Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-
2751, or FAX: (978) 318-8303 with a digital copy to cori.m.rose@usace.army.mil. Documents
which are not marked and addressed in this manner may not reach their intended destination and
do not comply with the requirements of this permit. Requirements for immediate notification to
the Corps shall be done by telephone to (978) 318-8338 or (978) 318-8306.
8. Certification of Completed Work. The permittee shall complete and return the enclosed
Compliance Certification Fowl within one month following the completion of the authorized
work, and any required mitigation. It is acceptable to submit a separate certification form for
each separate pipeline construction spread.
a. A report on the status of in-situ restoration must be submitted to the Corps, New
England District, Regulatory Division, 13 months from the date of permit issuance.
Annual status reports are required until project construction and any associated mitigation
is completed.
b. The overseeing Project Engineer/Construction Manager shall keep a record of all
activities and BMPs employed during construction to reduce impacts to wetlands and
waterways. This report shall be submitted with the "Compliance Certification Fo
upon project completion.
9. Sediment and Erosion Control. The peitnittee shall ensure:
a. The sediment and erosion controls (S&EC) abutting wetland and waters outside of the
approved construction footprint are installed prior to the commencement of any
-7-
earthmoving activities. Appropriate S&EC devices are to be used and maintained in

effective operating condition during construction. All exposed soil and other fills must be
permanently stabilized at the earliest practicable date. The devices shall be installed and
maintained so that they are capable of preventing erosion and collecting fine sediment.
b. Erosion and Sediment Control BMP devices are removed as soon as possible upon
completion of the work, but not before the site has been successfully stabilized.
c. Rolled erosion control devices and mats made with synthetic mesh (including
photodegradable, UV degradable and Oxo-biodegradable plastics) are not used in
wetlands and waterways.
d. Dewatering of the trench occurs in such a manner that it does not cause erosion or
result in silt-laden water flowage back into an wetland or watercourse.
10. Temporary Fill and Aquatic Resource Crossing Procedures. No temporary fill shall be
placed in waters or wetlands (i.e. outside of the area designated as construction limits on the
enclosed project plans) and any temporary fill that is authorized herein shall:
a.Consist of material that minimizes impacts to water quality (e.g. sandbags, swamp or
terra mats, clean, washed gravel or stone).
b. Be stabilized to prevent its erosion into Waters of the U.S., including wetlands, where
it is not authorized.
c. Maintain normal downstream flow and aquatic life movement and minimize flooding
to the maximum extent practicable.
d. Be removed as soon as it is no longer needed and disposed of at an upland site where it
will be suitably contained to prevent subsequent erosion into waters or wetlands.
11. Blasting. If blasting in wetlands or waterways will be required, TGPC must coordinate its
proposed blasting procedure and a sit-specific restoration plan for the impacted aquatic resource
areas with the Corps at least 72 hours in advance of the proposed activity.
12. Dry Crossings. All turbidity and sediment producing work (e.g., grading and excavation) at
or below 011W must be conducted during the state agency designated time of year or in "dry"
condition. Dry condition may occur during periods of no flow or by confining and dewatering
the work site using appropriate management techniques (e.g. temporary coffer dams) and in
compliance with the project's site-specific plans. Please note that the following variations on
work restrictions are subject to this authorization:
a. The dam-and-pump method shall not be used to cross waterbodies where there is a
concern for sensitive species (e.g. anadromous fish, trout, etc.) movement or passage.
b. In Massachusetts, conventional wet crossing of waterways identified as SMA-3 &
SMA-10 are limited to 1 June :through 30 September.
-8-
c. In Massachusetts, a dry crossing of waterways SMA-14 and SMA-20 is required, must

be undertaken consistent with the "Master Construction Sequencing Plan" in Attachment
B of the above referenced 2 February 2016 and limited to 1 June through 20 September.
d. In Massachusetts, activity below the high water mark of Spectacle Pond Brook is
prohibited from 1 January to 1 May of any calendar year.
e. In Connecticut, conventional wet crossings are allowed only between 1 to June and 30
September.
13. Equipment in Wetlands. Only clearing equipment and vehicles necessary for installation of
equipment bridges may cross waterbodies prior to bridge installation. Where possible, such
crossings shall be limited to one per piece of clearing equipment. Machinery that is used for the
initial installation of equipment bridges or to clear wetlands must either be placed on terra mats
and timber riprap or completed with low-ground-pressure, compact track/belt vehicles. Rubber-
tired machines, including skid steel and "all-wheel" steer machines shall not be used in wetland
areas without mats, corduroy bridges or similar ground protection devices.
14. Construction Setbacks. If topographic conditions on-the-ground do not allow for the agreed
upon construction setback from waterways or wetlands or otherwise limit the implementation of
any agreed upon mitigation measures or construction procedures to protect aquatic resources at a
wetland or waterway site, the pettnittee must re-coordinate site-specific procedures for work in
these aquatic resource areas with the Corps.
15. Wetland and Waterway Construction and Restoration:

a. The permittee shall submit a site-specific waterbody crossing procedures to the Corps
for Muddy Brook, DeGrayes Brook and Stony Brook at least 7 days prior to the
commencement of work at each of these locations.
b. The permittee shall submit a post-construction summary with as-built project plans of
the waterway crossing restoration activities listed in Item a. above to the Corps of
Engineers no later than 30 days following completion of the specific crossing. The
summary shall compare post-installation condition and elevation to the pre-project
survey, provide discussion of any variation to the prior approved waterbody crossing
procedure and provide physical and photographic evidence that the stream bed and
channel has been restored to pre-existing physical character, function and hydrologic
condition.
c. Copies of reports completed for Muddy Brook, DeGrayes Brook, Stony Brook,
Spectacle Pond Brook, Fales Site, SMA-21/SMA-21a 7 b, In-situ BVW/Wetland and
Waterway Restoration required by the USFWS, the CTDEEP, the MassDEP or the
Sandisfield Conservation Commission shall be provided to the Corps for the duration of
the conditioned requirement.
d. All stream banks shall be returned to preconstruction contours, a stable angle of repose
and protected with erosion control treatment (e.g. natural fiber roll, root-wad revetment)
and/or revegetated (see item f. below) before returning flow to the bypassed construction
ROW.
-9-
e. All authorized temporary fills must be removed in their entirety including excess spoil,
debris, cofferdams, construction materials and any other obstructions resulting from, or
used, during construction. Any excavated material not capable of being used as backfill
for the project must be removed and disposed of offsite in an upland location in
accordance with local, state and federal regulation.
f. Excavated areas shall be restored as closely as possible to their pre-construction
condition, elevation and hydrology through careful removal of existing soil and
vegetation, separate topsoil and subsoil stockpiling, soil protection, and replacement back
to the original location (if feasible).
g. In all cases excavation areas in disturbed wetlands shall be finished with a minimum of
8 inches of natural and/or weed and seed-free manmade topsoil that is void of gravel or
subsoil and consists of an equal amount of organic and mineral components.
h. Upon completion of construction, all disturbed wetland areas (disturbance of these
areas must be authorized herein) shall be stabilized with a wetland seed mix containing
only plant species native to New England ecoregion and the mix shall not contain any
species listed in the enclosed "Invasive and Other Unacceptable Plant Species" Appendix
in the 2016 "New England District Compensatory Mitigation Guidance".
16.Grading/Grubbing. The removal of tree stumps and root systems and other grading
activities shall be limited to directly over the trench-line, wherever feasible. The technique of
"bridging or matting-up" shall be used, whenever possible to address safety-related constraints
on the working side of the right-of-way. Grading for temporary workspace in wetland areas that
are not within the temporary ROW will require additional coordination and prior written
authorization from the Corps before they may proceed.
17.Permanent Fill for Bank Stabilization. The use of riprap for stream bank stabilization is
not approved herein and its use will require additional coordination and written authorization
from the Corps to proceed.
18.Preventing Introduction of Invasive Plants. The introduction or spread of invasive plant

species in disturbed areas shall be practicably controlled. Swamp and timber mats shall be
thoroughly cleaned before re-use and/or before introduction to a new work site/aquatic resource
area.
19.Invasive Species Control and Management, Connecticut. Prior to work on the

Connecticut Loop, the permittee shall undertake a baseline condition assessment of invasive
plants within wetland areas along the existing and proposed ROW. This assessment shall be used
to develop a long-teim integrated management plan to prevent establishment of new invasive
species and identify priority resource areas capable of providing watershed-level ecological
benefit and/or mitigating significant ecological threat with active control. The plan, which must
-10-
be approved by the Corps prior to the initiation of work, shall identify specific control and
management objectives, success criteria and outline an implementation plan for each priority
resource area.
20. Invasive Species Control and Management, Massachusetts. Invasive species control shall
consist of a minimum of 5 years of control and associated monitoring at the in-situ revegetation
areas in East Granby and Suffield, Connecticut (57 acres), Sandersfield and Agawam,
Massachusetts (9.1 acres) and the "Fales" field site. This work shall be performed in accordance
with the plan entitled, "Invasive Species Control Plan, Connecticut Expansion Project,
Massachusetts and Connecticut," revised through "March 2016," and any subsequent federal or
state agency peimit requirements.
Small patches must be eliminated during the entire monitoring period; large patches must be
aggressively treated in accordance with the submitted ISCP and the treatment documented. A
summary of the invasive species control and supporting photographic documentation shall be
completed and submitted to the NAE Regulatory Division no later than December 15 of each
year being monitored. Failure to perfoun the monitoring and submit the report constitutes petmit
non-compliance. A self-certification form will be completed, signed as the transmittal coversheet
for each annual summary and shall indicate the pennit number and the reporting year (i.e first
year, second year).
21. Compensatory Wetland Mitigation, Connecticut. Mitigation shall consist of in-situ

revegetation of 13.89 acres of PFO, in-situ revegetation of 33.18 acres of PSS/PEM, in-situ
restoration of 0.29 acre vernal pool along the Conn. Loop in Suffield and East Granby,
Connecticut. Also, 9.08 acre of off-site PEM enhancement, and 50.3 acre of off-site preservation
in Suffield, Connecticut. This mitigation shall be performed in accordance with the attached
mitigation plan entitled, "Final Compensatory Wetland Mitigation Plan, New England Portion of
the Connecticut Expansion Project" dated "February 15, 2016" as revised through "March 24,
2016," and "Kierkla/Nicholson Estate Parcel Wetland Mitigation Overview and Summary
Proposal for the Connecticut Expansion Project" dated "December 19, 2016", except where
modified by the Special Conditions of this permit.
22. Compensatory Wetland Mitigation, Massachusetts. Mitigation shall consist of in-situ

revegetation of 10.18 acres of PFO, in-situ revegetation of 3.08 acres of PSS/PEM, in-situ
restoration of 185 linear feet of stream bed and bank along the Mass. Loop in Sandersfield,
Massachusetts. Also, 0.50 acre of off-site PSS establishment, 0.30 acre of off-site PEM
enhancement, and 35.7 acre of off-site preservation in Suffield, Connecticut. This mitigation
shall be performed in accordance with the attached mitigation plan entitled, "Final
Compensatory Wetland Mitigation Plan, New England Portion of the Connecticut Expansion
Project" dated "February 15, 2016" and revised through "March 24, 2016", except where
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23. Mitigation Success Standards, Connecticut and Massachusetts. Your responsibility to

complete the required compensatory mitigation as set forth in Special Conditions 21 and 22,
above, will not be considered fulfilled until you have demonstrated mitigation success and have
received written verification from the U.S. Army Corps of Engineers. The term "mitigation
success" means success as defined in the mitigation plan this permit requires you to implement.
Demonstration of success under this permit shall consist of the required mitigation monitoring,
corrective measures, submittal of mitigation monitoring reports, and a final wetland assessment.
24. Vernal Pool Restoration and Monitoring. Minimization and subsequent restoration of
impact to vernal pools WCT-49-VP1, WCT-41-VP, WCT-41-VP2, WCT-39-VP-1, WCT-32-
VP2, WCT-13-VP1 and VPWCT-9 shall be undertaken in accordance with the submitted Vernal
Pool Impact Avoidance and Minimization Plan, with the following exceptions:
a. The disturbed portions of the vernal pools below ordinary high water shall not be
seeded for reestablishment of emergent vegetation without prior Corps approval.
b. The permittee shall undertake construction-phase monitoring if work is undertaken
during the spring or fall breeding season.
c. Within 120-days of permit issuance, the permittee shall submit to the Corps a five year
plan, with criteria, to monitor amphibian use within the impacted vernal pools. Successful
replacement shall be defined by documentation of amphibian productivity reasonably
equivalent to pre-construction condition, after monitoring over three "average" water
seasons.
d. Annual monitoring reports shall be submitted in accordance with the requirements for
post-permit submittals in Special Condition 7, above. The first annual monitoring report
shall be submitted the December immediately following the first post-restoration
amphibian breeding season. The report should also:
i. Identify measures selected during pre-construction planning to minimize damage to
vernal pool structure and function, if they are different that those specified in the
Vernal Pool Impact Avoidance and Minimization Plan.
ii. Provide an after-activityr summary of the project-specific construction
methodologies used to reestablish pre-construction topography including elevation,
microtopographic variability and substrate replacement.
12
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD)
FORM BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: January 13, 2016
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Tennessee Gas Pipeline

Company, LLC c/o James Flynn, 1001 Louisiana Street, Houston, Texas 77002
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: New England, TGPC Connecticut Expansion
Project, NAE-2013-02329
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:

(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR A QUATIC RESOURCES AT DIFFERENT SITES)
State: Connecticut, Massachusetts City: Sandisfield, Agawam, Mass. and Suffield and East Granby,
Conn.
Center coordinates of site (lat/long in degree decimal
format):
Latitude 41.38324 N and Longitude -73.54436 W, West Otis, Mass. and extending to Latitude 41.41177
N and Longitude -73.46900 W in Sandisfield, Mass. on the Berkshire County 7.5 Minute USGS
topographic quadrangle sheet; Latitude 41.63103 N and Longitude -72.67395 W, extending to Latitude
41.63943 N and Longitude -72.673593 W in East Granby, Mass. on the Hartford, County, Conn. and the
Hamden County, Mass. 7.5 Minute USGS topographic quadrangle sheets.
Universal Transverse Mercator: 18
Name of nearest waterbodies: Cold Spring Brook, Spectacle Pond, Spectacle Pond Brook,
DeGrayes Brook, Stony Brook, Muddy Brook (See attached Table)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
X Office (Desk) Determination. Date: X Field Determination. Date(s): September 22, 2015
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT

TO REGULATORY JURISDICTION.
See Attached Table
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request and
obtain an approved JD (AJD) for that review area based on an informed decision after having
discussed the various types of JDs and their characteristics and circumstances when they may
be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide

General Permit (NWP) or other general permit verification requiring "pre construction notification"
(PCN), or requests verification for a non-reporting NWP or other general permit, and the permit
applicant has not requested an AJD for the activity, the permit applicant is hereby made aware
that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which
does not make an official determination of jurisdictional aquatic resources; (2) the applicant has
the option to request an AJD before accepting the terms and conditions of the permit authorization,
and that basing a permit authorization on an AJD could possibly result in less compensatory
mitigation being required or different special conditions; (3) the applicant has the right to request
an individual permit rather than accepting the terms and conditions of the NWP or other general
permit
20170406-5696 authorization;
FERC (4) the applicant
PDF (Unofficial) 4/6/2017can 4:26:40
accept a PM
permit authorization and thereby agree to
comply with all the terms and conditions of that permit, including whatever mitigation requirements
the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance of the use
of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by that
activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the. JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:

October 13, 2016
X Data sheets prepared/submitted by or on behalf of the PJD requestor.
X Office concurs with data sheets/delineation report. Dated December 4, 2014
____ Office does not concur with data sheets/delineation report. Rationale:
____ Data sheets prepared by the Corps:
____ Corps navigable waters' study:
____ U.S. Geological Survey Hydrologic Atlas:
X USGS NHD data.
____ USGS 8 and 12 digit HUC maps.
X U.S. Geological Survey map(s). Cite scale & quad name: See Section D above
X Natural Resources Conservation Service Soil Survey. Citation:
____ National wetlands inventory map(s). Cite name:
____ State/local wetland inventory map(s):
____ FEMA/FIRM maps:
____ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
X Photographs: AERIAL (Name & Date):
OTHER (Name & Date):
____ Previous determination(s). File no. and date of response letter:
____ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
______________________ ______________________
Signature and date of Signature and date of person requesting
Regulatory Staff Member PJD (REQUIRED unless obtaining the
Completing PJD signature is impracticable1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does
not respond within the established time frame, the district may presume concurrence and no
additional follow up is necessary prior to finalizing an action
PRELIMINARY JURISDICTIONAL DETERMINATION FOR TENNESSEE GAS PIPELINE, CONNECTICUT EXPA

Regulatory Action Type Size Cowardin
WCT 47-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 12036.748 ft^2 PFO
WCT 41D-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 30926.128 ft^2 PFO
WCT 41A-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 45651.061 ft^2 PFO
WCT 1B-WET2 (RAPANOS \ DELINEATE) Inland Wetlands 118612.708 ft^2 PFO
WCT 29-WET1a (RAPANOS \ DELINEATE) Inland Wetlands 4356 ft^2 PFO
WCT 27-WET2a (RAPANOS \ DELINEATE) Inland Wetlands 653399.932 ft^2 PFO
WMA-23-WET3a (RAPANOS \ DELINEATE) Inland Wetlands 6533.999 ft^2 PFO
WCT8-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 588.042 ft^2 PFO

WCT 50B-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 7587.565 ft^2 PFO
WCT 50 A-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 7559.343 ft^2 PFO
WCT 48A-WET2 (RAPANOS \ DELINEATE) Inland Wetlands 3548.993 ft^2 PFO
WMA-9-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 8916.931 ft^2 PFO
WMA7-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 9880.5 ft^2 PFO
WMA-24-WET1a (RAPANOS \ DELINEATE) Inland Wetlands 5227.199 ft^2 PFO
WMA1-WET2 (RAPANOS \ DELINEATE) Inland Wetlands 81954.948 ft^2 PFO
WMA 21-WET2 (RAPANOS \ DELINEATE) Inland Wetlands 10586.976 ft^2 PFO
WMA 1B-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 8987.603 ft^2 PFO
WMA 1A-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 7671.102 ft^2 PFO
WCT 48A-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 8040.108 ft^2 PEM
WCT 46-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 61943.146 ft^2 PEM

WCT 21B-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 5744.804 ft^2 PEM
WCT 1B-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 5599.864 ft^2 PEM
WMA2-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 23599.671 ft^2 PEM
WCT12-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 9821.149 ft^2 PEM
WCT 50A-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 34211.884 ft^2 PEM
WMA-8-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 43.265 ft^2 PEM
WMA1-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 26307.259 ft^2 PEM

WMA 21-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 141280.353 ft^2 PEM
WCT 36-WET3 (RAPANOS \ DELINEATE) Inland Wetlands 24722.123 ft^2 PSS
WCT 1B-WET3 (RAPANOS \ DELINEATE) Inland Wetlands 2021.678 ft^2 PSS
WCT 1A-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 4470.55 ft^2 PSS
WCT4-WET2 (RAPANOS \ DELINEATE) Inland Wetlands 4407.245 ft^2 PSS
WCT 50D-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 1282.418 ft^2 PSS
WCT 50C-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 597.261 ft^2 PSS
WMA-7-WET3 (RAPANOS \ DELINEATE) Inland Wetlands 90661.433 ft^2 PSS
WMA31-WET1 (RAPANOS \ DELINEATE) Inland Wetlands 456.019 ft^2 PSS
WMA1-WET3 (RAPANOS \ DELINEATE) Inland Wetlands 16534.711 ft^2 PSS
SCT-1 (RAPANOS \ DELINEATE) Inland Waterways 128.127 ft R1
SCT 57 (RAPANOS \ DELINEATE) Inland Waterways 172.061 ft R1
SCT 53A (RAPANOS \ DELINEATE) Inland Waterways 311.635 ft R1
SCT 50D (RAPANOS \ DELINEATE) Inland Waterways 45.35 ft R1
SCT 50C (RAPANOS \ DELINEATE) Inland Waterways 51.028 ft R1
SCT 50 B (RAPANOS \ DELINEATE) Inland Waterways 283.422 ft R1
SCT 50 A (RAPANOS \ DELINEATE) Inland Waterways 63.366 ft R1
SCT 46A (RAPANOS \ DELINEATE) Inland Waterways 888.296 ft R1

SNY01 (RAPANOS \ DELINEATE) Inland Waterways .15 ft R1
SCT 55 (RAPANOS \ DELINEATE) Inland Waterways .1 ft R1
S009 (RAPANOS \ DELINEATE) Inland Waterways 15 ft R1
S008 (RAPANOS \ DELINEATE) Inland Waterways .2 ft R1
S005 (RAPANOS \ DELINEATE) Inland Waterways .2 ft R1
S002W (RAPANOS \ DELINEATE) Inland Waterways .2 ft R1
SMA-8 (RAPANOS \ DELINEATE) Inland Waterways 205.17 ft R1
SMA-5A (RAPANOS \ DELINEATE) Inland Waterways 146.995 ft R1
SMA30 (RAPANOS \ DELINEATE) Inland Waterways 68.968 ft R1
SMA 21 A (RAPANOS \ DELINEATE) Inland Waterways 154.255 ft R1
SMA 21 (RAPANOS \ DELINEATE) Inland Waterways 248.508 ft R1
SCT 19 (RAPANOS \ DELINEATE) Inland Waterways .12 ft R1
S23 (RAPANOS \ DELINEATE) Inland Waterways 49.928 ft R1
COMPLIANCE CERTIFICATION FORM

(Minimum Notice: Permittee must sign and return notification
within one month of the completion of work.)
Permit Number: NAE-2013-02329

Project Manager: Cori M. Rose
Name of Permittee: Tennessee Gas Pipeline Company, LLC
Permit Issuance Date: January 13, 2017
Please sign this certification and return it to our office upon completion of the activity and any
mitigation required by the permit. You must submit this after the mitigation is complete, but not
the mitigation monitoring, which requires separate submittals.
************************************************************************ *
* E-MAIL TO: cenae-r@usace.army.mil; or *
* *
* MAIL TO: Permits and Enforcement Branch B *
* U.S. Army Corps of Engineers, New England District *
* Regulatory Division *
* 696 Virginia Road *
* Concord, Massachusetts 01742-2751 *
************************************************************************ *
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit was completed in
accordance with the terms and conditions of the above referenced permit, and any required
mitigation was completed in accordance with the permit conditions.
________________________________
Signature of Permittee Date
Printed Name Date of Work Completion
( ) ( )
Telephone Number Telephone Number
ENVIRONMENTAL CONSTRUCTION
INSPECTOR COMPLIANCE ACKNOWLEDGEMENT FORM
DEPARTMENT OF THE ARMY PERMIT NUMBER: NAE-2013-02329
PROJECT TITLE: Tennessee Gas Pipeline Company, Connecticut Expansion Project
PERMITTEE:
PERMITTEE POC:
MAILING ADDRESS:
TELEPHONE:
ENVIRONMENTAL COMPLIANCE INSPECTOR:

MAILING ADDRESS:
TELEPHONE:
ENVIRONMENTAL COMLIANCE INSPECTOR MUST REVIEW ATTACHED

DEPARTMENT OF ARMY PERMIT SPECIAL TERMS AND PERMIT CONDITIONS, INITIAL
AT THE TOP OF EACH PAGE AND SIGN BELOW
ACKNOWLEDGEMENT OF REVIEW OF PERMIT CONDITIONS:
I, _________________________________ [ENVIRONMENTAL INSPECTOR] acknowledge that I

have read and understand the attached Dept. of Army permit special terms and conditions for the
Tennessee Gas Pipeline, Connecticut Expansion Project.
CERTIFIED: __________________________________________________________________
(Signature of Environmental Compliance Inspector) Date
Return to: PATS Inspection Branch - Regulatory Division, Corps of Engineers, New England District,
696 Virginia Road, Concord, MA 01742-2751
Tennessee Gas Pipeline Connecticut Expansion Project / NAE-2013-02329
__________________________
(Compliance Inspector Initials)
Corps of Engineers Permit Number NAE-2013-02329 was issued to Tennessee Gas Pipeline Company,
LLC on January 13, 2017 with incorporation of the follow special terms and conditions:
SPECIAL PERMIT CONDITIONS
1. The permittee shall ensure that a copy of this permit is at the work site (and the project office)
authorized by this permit whenever work is being performed, and that all personnel with operational
control of the site ensure that all appropriate personnel performing work are fully aware of its terms and
conditions. The entire permit shall be made a part of any and all contracts and sub-contracts for work that
affects areas of Corps jurisdiction at the site of the work authorized by this permit. This shall be achieved
by including the entire permit in the specifications for work. The term entire permit means this permit
(including its drawings, plans, appendices and other attachments) and also includes permit modifications.
If the permit is issued after the construction specifications, but before receipt of bids or quotes, the entire
permit shall be included as an addendum to the specifications. If the permit is issued after receipt of bids
or quotes, the entire permit shall be included in the contract or sub-contract. Although the permittee may
assign various aspects of the work to different contractors or sub-contractors, all contractors and sub-
contractors shall be obligated by contract to comply with all environmental protection provisions
contained within the entire permit, and no contract or sub-contract shall require or allow unauthorized
work in areas of Corps jurisdiction.
2. Wetland Boundaries. Prior to construction, TGPC will clearly demarcate the wetland boundaries and
temporary work space (TWS) and alternate temporary work space (ATWS) in the field with signs and/or
highly visible flagging in accordance with the verified wetland delineation submitted to this office on
September 21, 2015 and subsequent revisions that were approved by this office on January 15, 2016. Such
demarcation shall be maintained throughout construction and all construction and related ground
disturbance is to be confined to the existing right of way (ROW), TWS and ATWS depicted on the
authorized project plans.
3. Construction Compliance Certification. The Permittee shall ensure that all of its Environmental
Compliance Construction Inspectors have the requisite education and experience to oversee the authorized
construction activity that includes a discharge of fill in waters and wetlands. Prior to the commencement
of work in aquatic resources, each inspector shall acknowledge receipt and review of the Corps permit
special terms and conditions on the enclosed form and the initialed forms will be forwarded to the Corps
of Engineers as identified below in Condition Number 9 for Post-Permit Submittals.
4. Avoidance and Minimization of Adverse Effects: The permittee shall adhere to all specified
construction methods and best management procedures identified in the 24 July 2015 Clean Water Act,
Section 404 application to the Corps (and all supporting documents) to avoid and minimize project-
related adverse impact to aquatic resources, unless a component of the original application has been
superseded by any subsequent Corps or state agency submittal.
_________________________
5 Authorized Project Plans. All work shall be undertaken in accordance with the following approved
project plans:
Attachment 1 Alternatives, Avoidance and Minimization of Impacts for the Connecticut
Expansion Project in 22 pp.
Attachment 2 Final Compensatory Wetland Mitigation plan, New England Portion of the
Connecticut Expansion Project in 98 pp.
Attachment 2B (1) - Proposed Activities by Type and In-Situ Restoration Plans MA Loop in 19
pp. dated February 2, 2016 revised through October 13, 2016.
Attachment 2B (2) - Proposed Activities by Type and In-Situ Restoration Plans CT Loop in 45
pp. dated February 2, 2016.
Attachment 2B (3) SMA8/10, SMA-14, and SMA-20 Master Construction Sequence in 4 pp.
Attachment 2B (4) SMA8/10, SMA-14, and SMA-20 Restoration Plans in 10 pp. dated January
25, 2016.
Attachment 2C Aerial Plans of Fales Mitigation Parcel, Photographs of the Fales Site, Soil
Survey of the Fales Site and Vicinity, Fales Site Wetland and Expansion/Enhancement Plan in 15
pp. dated September 23, 2015.
Attachment 2D Final Invasive Species Control Plan, Connecticut Expansion Project,
Massachusetts and Connecticut in 63 pp. revised through March 2016.
Attachment 3 USACE Wetland Data Forms for the Fales Site in 105 pp.
Attachment 5 Kierkla/Nicholson Estate Parcel Wetland Mitigation Overview and Summary
Proposal for the Connecticut Expansion Project Connecticut Loop in 61 pp.
Attachment 5A Site Map dated December 9, 2016
Attachment 5B Property Survey/Lot Line Modification Plan dated December 21, 2016
Attachment D Draft Declaration of Restrictive Covenants
Attachment E Draft Stewardship Costs for Suffield Land Conservancy
Attachment F Invasive Species Control Plan for the Kierkla/Nicholson Estate Parcel dated
December 2016 including Appendix A Invasive Species Control Area
Suffield Land Conservancy Conservation Restriction on 1466 South Grand Street and a Portion of
the Nickelson Property, as Surveyed on Plan Titled Stanley E. Kierkla & Ann Kierkla and The Trust
of William J. Nicholson Jr. dated December 2, 2016 in Suffield, CT 06078 Stewardship &
Management Commitment Certification Document executed January 4, 2017.
Connecticut Expansion Project Ceremonial Stones, Massachusetts Loop 200-3, Berkshire Country,
Massachusetts, ACOE Stone Exhibit dated September 27, 2016 revised through October 25, 2016.
6. Water Quality Certification. The permittee shall implement all applicable terms and conditions
contained within the attached water quality certifications from the State of Massachusetts Department of
Environmental Protection (MassDEP) dated June 29, 2016, and the State of Connecticut Department of
Energy and Environmental Protection (CT DEEP) dated October 4, 2016. Copies of all submittals
required by MassDEP or CTDEEP shall also be provided to the Corps.
7. Post-Permit Submittals. Except where stated otherwise, reports, drawings, correspondence and any
other submittals required by this permit shall be marked with the words Permit No. NAE-2013-02329
and shall be submitted via: a) MAIL: PATS Inspection Branch - Regulatory Division, Corps of Engineers,
_________________________
New England District, 696 Virginia Road, Concord, MA 01742-2751, or FAX: (978) 318-8303 with a
digital copy to cori.m.rose@usace.army.mil. Documents which are not marked and addressed in this
manner may not reach their intended destination and do not comply with the requirements of this permit.
Requirements for immediate notification to the Corps shall be done by telephone to (978) 318-8338 or
(978) 318-8306.
8. Certification of Completed Work. The permittee shall complete and return the enclosed Compliance
Certification Form within one month following the completion of the authorized work, and any required
mitigation. It is acceptable to submit a separate certification form for each separate pipeline construction
spread.
a. A report on the status of in-situ restoration must be submitted to the Corps, New England
District, Regulatory Division, 13 months from the date of permit issuance. Annual status reports
are required until project construction and any associated mitigation is completed.
b. The overseeing Project Engineer/Construction Manager shall keep a record of all activities and
BMPs employed during construction to reduce impacts to wetlands and waterways. This report
shall be submitted with the Compliance Certification Form upon project completion.
9. Sediment and Erosion Control. The permittee shall ensure:
a. The sediment and erosion controls (S&EC) abutting wetland and waters outside of the approved
construction footprint are installed prior to the commencement of any earthmoving activities.
Appropriate S&EC devices are to be used and maintained in effective operating condition during
construction. All exposed soil and other fills must be permanently stabilized at the earliest
practicable date. The devices shall be installed and maintained so that they are capable of
preventing erosion and collecting fine sediment.
b. Erosion and Sediment Control BMP devices are removed as soon as possible upon completion
of the work, but not before the site has been successfully stabilized.
c. Rolled erosion control devices and mats made with synthetic mesh (including photodegradable,
UV degradable and Oxo-biodegradable plastics) are not used in wetlands and waterways.
d. Dewatering of the trench occurs in such a manner that it does not cause erosion or result in silt-
laden water flowage back into an wetland or watercourse.
10. Temporary Fill and Aquatic Resource Crossing Procedures. No temporary fill shall be placed in
waters or wetlands (i.e. outside of the area designated as construction limits on the enclosed project plans)
and any temporary fill that is authorized herein shall:
a.Consist of material that minimizes impacts to water quality (e.g. sandbags, swamp or terra mats,
clean, washed gravel or stone).
b. Be stabilized to prevent its erosion into Waters of the U.S., including wetlands, where it is not
authorized.
c. Maintain normal downstream flow and aquatic life movement and minimize flooding to the
maximum extent practicable.
_________________________
d. Be removed as soon as it is no longer needed and disposed of at an upland site where it will be
suitably contained to prevent subsequent erosion into waters or wetlands.
11. Blasting. If blasting in wetlands or waterways will be required, TGPC must coordinate its proposed
blasting procedure and a sit-specific restoration plan for the impacted aquatic resource areas with the
Corps at least 72 hours in advance of the proposed activity.
12. Dry Crossings. All turbidity and sediment producing work (e.g., grading and excavation) at or below
OHW must be conducted during the state agency designated time of year or in dry condition. Dry
condition may occur during periods of no flow or by confining and dewatering the work site using
appropriate management techniques (e.g. temporary coffer dams) and in compliance with the projects
site-specific plans. Please note that the following variations on work restrictions are subject to this
authorization:
a. The dam-and-pump method shall not be used to cross waterbodies where there is a concern for
sensitive species (e.g. anadromous fish, trout, etc.) movement or passage.
b. In Massachusetts, conventional wet crossing of waterways identified as SMA-3 & SMA-10 are
limited to 1 June through 30 September.
c. In Massachusetts, a dry crossing of waterways SMA-14 and SMA-20 is required, must be
undertaken consistent with the Master Construction Sequencing Plan in Attachment B of the
above referenced 2 February 2016 and limited to 1 June through 20 September.
d. In Massachusetts, activity below the high water mark of Spectacle Pond Brook is prohibited
from 1 January to 1 May of any calendar year.
e. In Connecticut, conventional wet crossings are allowed only between 1 to June and 30
September.
13. Equipment in Wetlands. Only clearing equipment and vehicles necessary for installation of
equipment bridges may cross waterbodies prior to bridge installation. Where possible, such
crossings shall be limited to one per piece of clearing equipment. Machinery that is used for the
initial installation of equipment bridges or to clear wetlands must either be placed on terra mats
and timber riprap or completed with low-ground-pressure, compact track/belt vehicles. Rubber-
tired machines, including skid steel and all-wheel steer machines shall not be used in wetland
areas without mats, corduroy bridges or similar ground protection devices.
14. Construction Setbacks. If topographic conditions on-the-ground do not allow for the agreed upon
construction setback from waterways or wetlands or otherwise limit the implementation of any agreed
upon mitigation measures or construction procedures to protect aquatic resources at a wetland or
waterway site, the permittee must re-coordinate site-specific procedures for work in these aquatic resource
areas with the Corps.
_________________________
15. Wetland and Waterway Construction and Restoration:

a. The permittee shall submit a site-specific waterbody crossing procedures to the Corps for
Muddy Brook, DeGrayes Brook and Stony Brook at least 7 days prior to the commencement of
work at each of these locations.
b. The permittee shall submit a post-construction summary with as-built project plans of the
waterway crossing restoration activities listed in Item a. above to the Corps of Engineers no later
than 30 days following completion of the specific crossing. The summary shall compare post-
installation condition and elevation to the pre-project survey, provide discussion of any variation
to the prior approved waterbody crossing procedure and provide physical and photographic
evidence that the stream bed and channel has been restored to pre-existing physical character,
function and hydrologic condition.
c. Copies of reports completed for Muddy Brook, DeGrayes Brook, Stony Brook, Spectacle Pond
Brook, Fales Site, SMA-21/SMA-21a 7 b, In-situ BVW/Wetland and Waterway Restoration
required by the USFWS, the CTDEEP, the MassDEP or the Sandisfield Conservation Commission
shall be provided to the Corps for the duration of the conditioned requirement.
d. All stream banks shall be returned to preconstruction contours, a stable angle of repose and
protected with erosion control treatment (e.g. natural fiber roll, root-wad revetment) and/or
revegetated (see item f. below) before returning flow to the bypassed construction ROW.
e. All authorized temporary fills must be removed in their entirety including excess spoil, debris,
cofferdams, construction materials and any other obstructions resulting from, or used, during
construction. Any excavated material not capable of being used as backfill for the project must be
removed and disposed of offsite in an upland location in accordance with local, state and federal
regulation.
f. Excavated areas shall be restored as closely as possible to their pre-construction condition,
elevation and hydrology through careful removal of existing soil and vegetation, separate topsoil
and subsoil stockpiling, soil protection, and replacement back to the original location (if feasible).
g. In all cases excavation areas in disturbed wetlands shall be finished with a minimum of 8 inches
of natural and/or weed and seed-free manmade topsoil that is void of gravel or subsoil and consists
of an equal amount of organic and mineral components.
h. Upon completion of construction, all disturbed wetland areas (disturbance of these areas must
be authorized herein) shall be stabilized with a wetland seed mix containing only plant species
native to New England ecoregion and the mix shall not contain any species listed in the enclosed
Invasive and Other Unacceptable Plant Species Appendix in the 2016 New England District
Compensatory Mitigation Guidance.
16. Grading/Grubbing. The removal of tree stumps and root systems and other grading activities shall be
limited to directly over the trench-line, wherever feasible. The technique of bridging or matting-up shall
be used, whenever possible to address safety-related constraints on the working side of the right-of-way.
Grading for temporary workspace in wetland areas that are not within the temporary ROW will require
additional coordination and prior written authorization from the Corps before they may proceed.
_________________________
17. Permanent Fill for Bank Stabilization. The use of riprap for stream bank stabilization is not approved
herein and its use will require additional coordination and written authorization from the Corps to
proceed.
18. Preventing Introduction of Invasive Plants. The introduction or spread of invasive plant species in
disturbed areas shall be practicably controlled. Swamp and timber mats shall be thoroughly cleaned
before re-use and/or before introduction to a new work site/aquatic resource area.
19. Invasive Species Control and Management, Connecticut. Prior to work on the Connecticut Loop, the
permittee shall undertake a baseline condition assessment of invasive plants within wetland areas along
the existing and proposed ROW. This assessment shall be used to develop a long-term integrated
management plan to prevent establishment of new invasive species and identify priority resource areas
capable of providing watershed-level ecological benefit and/or mitigating significant ecological threat
with active control. The plan, which must be approved by the Corps prior to the initiation of work, shall
identify specific control and management objectives, success criteria and outline an implementation plan
for each priority resource area.
20. Invasive Species Control and Management, Massachusetts. Invasive species control shall consist of a
minimum of 5 years of control and associated monitoring at the in-situ revegetation areas in East Granby
and Suffield, Connecticut (57 acres), Sandersfield and Agawam, Massachusetts (9.1 acres) and the
Fales field site. This work shall be performed in accordance with the plan entitled, Invasive Species
Control Plan, Connecticut Expansion Project, Massachusetts and Connecticut, revised through March
2016, and any subsequent federal or state agency permit requirements.
Small patches must be eliminated during the entire monitoring period; large patches must be aggressively
treated in accordance with the submitted ISCP and the treatment documented. A summary of the invasive
species control and supporting photographic documentation shall be completed and submitted to the NAE
Regulatory Division no later than December 15 of each year being monitored. Failure to perform the
monitoring and submit the report constitutes permit non-compliance. A self-certification form will be
completed, signed as the transmittal coversheet for each annual summary and shall indicate the permit
number and the reporting year (i.e first year, second year).
21. Compensatory Wetland Mitigation, Connecticut. Mitigation shall consist of in-situ revegetation of
13.89 acres of PFO, in-situ revegetation of 33.18 acres of PSS/PEM, in-situ restoration of 0.29 acre vernal
pool along the Conn. Loop in Suffield and East Granby, Connecticut. Also, 9.08 acre of off-site PEM
enhancement, and 50.3 acre of off-site preservation in Suffield, Connecticut. This mitigation shall be
performed in accordance with the attached mitigation plan entitled, Final Compensatory Wetland
Mitigation Plan, New England Portion of the Connecticut Expansion Project dated February 15, 2016
as revised through March 24, 2016, and Kierkla/Nicholson Estate Parcel Wetland Mitigation Overview
_________________________
and Summary Proposal for the Connecticut Expansion Project dated December 19, 2016, except where
22. Compensatory Wetland Mitigation, Massachusetts. Mitigation shall consist of in-situ revegetation of
10.18 acres of PFO, in-situ revegetation of 3.08 acres of PSS/PEM, in-situ restoration of 185 linear feet of
stream bed and bank along the Mass. Loop in Sandersfield, Massachusetts. Also, 0.50 acre of off-site PSS
establishment, 0.30 acre of off-site PEM enhancement, and 35.7 acre of off-site preservation in Suffield,
Connecticut. This mitigation shall be performed in accordance with the attached mitigation plan entitled,
Final Compensatory Wetland Mitigation Plan, New England Portion of the Connecticut Expansion
Project dated February 15, 2016 and revised through March 24, 2016, except where modified by the
Special Conditions of this permit.
23. Mitigation Success Standards, Connecticut and Massachusetts. Your responsibility to complete the
required compensatory mitigation as set forth in Special Conditions 21 and 22, above, will not be
considered fulfilled until you have demonstrated mitigation success and have received written verification
from the U.S. Army Corps of Engineers. The term mitigation success means success as defined in the
mitigation plan this permit requires you to implement. Demonstration of success under this permit shall
consist of the required mitigation monitoring, corrective measures, submittal of mitigation monitoring
reports, and a final wetland assessment.
24. Vernal Pool Restoration and Monitoring. Minimization and subsequent restoration of impact to
vernal pools WCT-49-VP1, WCT-41-VP, WCT-41-VP2, WCT-39-VP-1, WCT-32-VP2, WCT-13-VP1
and VPWCT-9 shall be undertaken in accordance with the submitted Vernal Pool Impact Avoidance and
Minimization Plan, with the following exceptions:
a. The disturbed portions of the vernal pools below ordinary high water shall not be seeded for
reestablishment of emergent vegetation without prior Corps approval.
b. The permittee shall undertake construction-phase monitoring if work is undertaken during the
spring or fall breeding season.
c. Within 120-days of permit issuance, the permittee shall submit to the Corps a five year plan,
with criteria, to monitor amphibian use within the impacted vernal pools. Successful replacement
shall be defined by documentation of amphibian productivity reasonably equivalent to pre-
construction condition, after monitoring over three average water seasons.
d. Annual monitoring reports shall be submitted in accordance with the requirements for post-
permit submittals in Special Condition 7, above. The first annual monitoring report shall be
submitted the December immediately following the first post-restoration amphibian breeding
season. The report should also:
i. Identify measures selected during pre-construction planning to minimize damage to

vernal pool structure and function, if they are different that those specified in the Vernal
Pool Impact Avoidance and Minimization Plan.
ii. Provide an after-activity summary of the project-specific construction methodologies
used to reestablish pre-construction topography including elevation, microtopographic
variability and substrate replacement.
MITIGATION
WORK-START NOTIFICATION FORM
(Minimum Notice: Two weeks before mitigation work begins)
******************************************************************************
* MAIL TO: U.S. Army Corps of Engineers, New England District *
*
* Policy and Technical Support Branch *
******************************************************************************
A Corps of Engineers authorization, file number NAE-2013-02329, was issued to Tennessee Gas
Pipeline Company, LLC c/o James Flynn on January 13, 2017. The permit authorized permanent
and temporary fill in wetlands and waters for the construction, installation, operation, and
maintenance of approximately 12.1 miles of gas pipeline loop.
The permit required compensatory mitigation, located in waters and wetlands within the Towns
of Sandersfield and Agawam, Mass. and Suffield and East Granby, Connecticut in accordance
with the following mitigation documents:
Final Compensatory Wetland Mitigation plan, New England Portion of the
Connecticut Expansion Project in 98 pp. February 15, 2016 revised through March 24,
2016.
Proposed Activities by Type and In-Situ Restoration Plans MA Loop in 19 pp.
dated February 2, 2016 revised through October 13, 2016.
Proposed Activities by Type and In-Situ Restoration Plans CT Loop in 45 pp. dated
February 2, 2016.
SMA8/10, SMA-14, and SMA-20 Restoration Plans in 10 pp. dated January 25, 2016.
Fales Site Wetland and Expansion/Enhancement Plan in 15 pp. dated September 23,
2015.
Revised Invasive Species Control Plan, Connecticut Expansion Project, Massachusetts
and Connecticut in 63 pp. dated February 2016.
Kierkla/Nicholson Estate Parcel Wetland Mitigation Overview and Summary Proposal
for the Connecticut Expansion Project Connecticut Loop in 61 pp.
Those listed below will perform the mitigation, including monitoring and remediation if required.
They understand the requirements of the permit and the mitigation and monitoring plan.
PLEASE PRINT OR TYPE
Environmental Mitigation
Consultant/Scientist Contractor
Person/Firm: _________________________
Business Address: _________________________
_________________________
_________________________
Telephone Number: ( ) ( )
Email: _______________________________________________________________________
Proposed Mitigation Work Dates: Start Finish
Permittees Signature: Date:
Printed Name: Title:
Environmental Mitigation
Consultant/Scientist Contractor
Person/Firm: _________________________
Business Address: _________________________
_________________________
_________________________
_________________________
Telephone Number: ( ) ( )
Email: _______________________________________________________________________
Proposed Mitigation Work Dates: Start Finish
Permittees Signature: Date:
Corps PMs: Cori M. Rose, Senior PM

WORK-START NOTIFICATION FORM

(Minimum Notice: Two weeks before work begins)
******************************************************************************
* EMAIL TO: cenae-r@usace.army.mil; or *
* *
* MAIL TO: Cori M. Rose *
* U.S. Army Corps of Engineers, New England District *
* Permits and Enforcement Branch *
******************************************************************************
Corps of Engineers Permit No. NAE-2013-02329 was issued to Tennessee Gas Pipeline
Company c/o James Flynn on January 13, 2017. This work is located in waters and wetlands
within the Towns of Sandersfield and Agawam, Mass. and Suffield and East Granby,
Connecticut. The permit authorizes the discharge of permanent and temporary fill in wetlands
and waters associated with the construction, installation, operation, and maintenance of
approximately 12.1 miles of gas pipeline loop. Impacts authorized are 205 linear feet of
waterway and 55.20 acres of wetlands (10 acres in Mass. and 45.20 acres in Conn.). Long-term
operation of the project is authorizes the conversion of 9.39 acres of forested or scrub shrub
wetland to a different early-succession wetland type (palustrine emergent or shrub wetland)
within a portion of the newly designated post-installation permanent right-of-way (2.41 acres in
Mass. and 6.98 acres in Conn.)
The people (e.g., contractor) listed below will do the work, and they understand the permit's
conditions and limitations.
Name of Person/Firm:
Business Address:
Telephone Numbers: ( ) ( )
Proposed Work Dates: Start: Finish:
Permittee/Agent Signature: Date:
Date Permit Issued: _ _Date Permit Expires:
******************************************************************************
FOR USE BY THE CORPS OF ENGINEERS
PM: Cori Rose Submittals Required: Yes

TABNO.4
U.S.ENVIRONMENTALPROTECTIONAGENCY
NATIONALPOLLUTIONDISCHARGEELIMINATIONSYSTEMPERMIT

CP14529000

Miller, Shannon
From: helpdesk@epacdx.net
Sent: Thursday, February 23, 2017 5:56 PM
To: Dorsey, Gina
Cc: Evans, Michael
Subject: EPA Construction General Permit (CGP) Notice of Intent (NOI) Submitted to EPA for 14-
Day Review Connecticut Expansion Project, NPDES ID: MAR10000H
2017-02-23
Your Notice of Intent (NOI) requesting coverage for Connecticut Expansion Project, Town Hill Rd, Sandisfield;
1615 Suffield St,Agawam under EPA's Construction General Permit (CGP) has been certified and submitted to
the EPA for review. The NPDES ID for this NOI is MAR10000H. Your coverage under the CGP begins at the
conclusion of the 14-day waiting period, unless otherwise notified that your coverage has been delayed or
denied. You will receive an email informing you once your coverage under the CGP is active.
You can view your submission history and obtain a copy of the form you submitted within the NPDES
Electronic Reporting Tool (NeT) or from the Submission History section of your EPA's Central Data Exchange
(CDX) account. You are also able to download a copy of your submission via the CGP widget on the E-
Enterprise Portal using your NPDES ID MAR10000H.
For guidance about this process, please visit: https://www.epa.gov/npdes/stormwater-discharges-construction-

activities-2017-cgp#ereporting. For more information about the CGP, including a copy of the permit, please
visit: https://www.epa.gov/npdes/stormwater-discharges-construction-activities-2017-cgp#cgp.
If you have questions about this email or about NeT, please call the EPA NOI Processing Center at 1-866-352-
7755 (toll free) or send an email to noi@avanticorporation.com. If you have questions regarding the CGP,
please contact EPA at lauren.hall@cgifederal.com, warner.suzanne@epa.gov.
This is an automated notification; please do not reply to this email.
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Details for MAR10000H - Connecticut Expansion Project

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CLEARANCELETTERS

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NEWYORKSTATEHISTORICPRESERVATIONOFFICE
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Project 13PR04583: Tennessee Gas Pipeline - Connecticut Expansion Project (GBBC8H7LXRO7) View Project
Please accept the following information below as the consolidated response from NYS SHPO for the above referenced submission.
Review Responses
Reviewer Review Type Response
Daniel Bagrow Archaeology SHPO concurs with the proposed avoidance
measures and finds that they are thorough
and adequate. Additional submissions for this
project can be submitted via CRIS using the
email address of a project contact and the
project review number. If you have any
questions please contact Dan Bagrow at
dan.bagrow@parks.ny.gov
Information Requests
ProcesStatus Reviewer Review Type Request Type Request Entity Request Item Request
Description
No Request Records
Attachments
AttachmeReviewer Review Type Type Name Description
No Attachment Records

2015
2015 New
New York
York State
State Office
Office of
of Parks,
Parks, Recreation &
& Historic
Historic Preservation.
Preservation. All
All rights
rights reserved.
reserved. Version 1.0.9, February 2, 201
20
https://cris.parks.ny.gov/?type=CR&id=GBBC8H7LXRO7 3/24/2015
Cultural Resource Information System (CRIS)
20170406-5696 FERC PDF (Unofficial) 4/6/2017 4:26:40 PM Page 2 of 2
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CONNECTICUTSTATEHISTORICPRESERVATIONOFFICE
CLEARANCELETTERS

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CONNECTICUTSTATEHISTORICPRESERVATIONOFFICE
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TABNO.8
NEWYORKDEPARTMENTOFENVIRONMENTALCONSERVATION
SECTION401WATERQUALITYCERTIFICATION

CP14529000

TABNO.9
MASSACHUSETTSDEPARTMENTOFENVIRONMENTALPROTECTION

CP14529000

Miller, Shannon
From: Miller, Shannon

Sent: Thursday, April 06, 2017 1:55 PM
To: Miller, Shannon
Subject: FW: In the matter of Tennessee Gas Pipeline, LLC, Docket No. 2016-020

From: Fallon, MacDara (DEP) [mailto:MacDara.Fallon@MassMail.State.MA.US]
Sent: Wednesday, April 05, 2017 2:00 PM
To: Munster, Bridget (DEP); Luke Legere (LLegere@McGregorLaw.com); 'Greg McGregor (gimcg@mcgregorlaw.com)'
(gimcg@mcgregorlaw.com); James Messenger; Margaret Stolfa; Cameron, David (DEP); Foulis, David (DEP); Desmond,
Deirdre (DEP)
Cc: OADR, CaseAdmin (DEP); LeBel, Christine (DEP); DeFilippis, Leslie (DEP); Dingle, Mike (DEP); Harrington, Brian
(DEP)
Subject: In the matter of Tennessee Gas Pipeline, LLC, Docket No. 2016-020

DearMs.Munster:

InaccordancewiththeinstructionsgivenbythePresidingOfficerintheRecommendedFinalDecisioninthis
matter,theDepartmentherebyfilestherevisedWaterQualityCertificate.Revisionsarenotedontheredlime/strike
outversion,thePFDversionistheproposedfinalversion.Pleasenotethefollowingchanges:1)dateonpage1deleted,
2)Condition15modifiedinaccordancewiththeinstructionofthePresidingOfficer,and3)signaturechangedto
BethanyCard,DeputyCommissionerassheistheDesigneefortheFinalDecisioninthismatter.Pleasedocketandbring
totheattentionofthePresidingOfficeratyourearliestconvenience.

Thankyou.

MacDaraK.Fallon
OfficeofGeneralCounsel
MassDEP
6175746829

1
Charles D. Baker Matthew A. Beaton

Governor Secretary
Karyn E. Polito Martin Suuberg

Lieutenant Governor Commissioner
James Flynn, Project Manager

Tennessee Gas Pipeline Company, LLC
1001 Louisiana Street
Houston, Texas 77002
James_Flynn@kindermorgan.com
Re: WATER QUALITY CERTIFICATION

Application for: BRP WW 10
MAJOR FILL AND EXCAVATION PROJECT
Connecticut Expansion Project
Connecticut Loop, 300 Line (Worthington Brook watershed), and
Massachusetts Loop, 200 Line (Clam River watershed) rights-of-way
Town of Agawam, Hampden County, and Town of Sandisfield, Berkshire County,
Massachusetts
USACOE Application Number: NAE-2013-02329

MassDEP Wetlands File Number: 087-0610 and 278-0130
MassNHESP Tracking Number: 13-32620
MEPA EOEEA Number: 15205
Transmittal Number: X265051
Dear Mr. Flynn:
The Massachusetts Department of Environmental Protection (hereinafter the Department) has

completed its Supplemental Technical Review of the permit application for the project listed
above. In accordance with the provisions of Massachusetts General Laws, Chapter 21, Sections
26 through and including 53 and the Regulations promulgated thereunder at 314 CMR 9.00; and
Section 401 of the federal Clean Water Act as amended (33 USC 1251 et seq.), it has been
determined that there is reasonable assurance this natural gas pipeline expansion project will
be undertaken in a manner which will not violate applicable Massachusetts Surface Water
Quality Standards (Regulations at 314 CMR 4.00) and other applicable requirements of state
law.
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
Water Quality Certification for Transmittal Number X265051
Findings:
The activity, as defined at 314 CMR 9.02 Activity, described within the Water Quality
Certification application and supplemental information (hereinafter the application)
will result in the discharge of dredged or fill material into and within Waters of the
United States within the Commonwealth [each as defined at 314 CMR 9.02] on the Site;
The application involves parcels of land referred to as the Connecticut Loop, 300 Line,
located within the Town of Agawam, Hampden County, Massachusetts; and the
Massachusetts Loop, 200 Line located within the Town of Sandisfield, Berkshire County,
Massachusetts (hereinafter collectively the Site);
The Site contains and includes Waters of the United States within the Commonwealth
which have been determined to meet the jurisdictional definition of Bordering Vegetated
Wetland (BVW), Isolated Vegetated Wetland (IVW), [each as defined at 314 CMR
9.02]; and Land Under Water (jurisdictional resource areas);
The Department hereby approves the following site plan(s) and documents as the plan(s)
of record:
o Tennessee Gas Pipeline Company, CT Expansion Project, Proposed Activities
by Type and In-Situ Restoration, Pages 1 through 19 of 19, dated February 2,
2016;
o Tennessee Gas Pipeline Company, CT Expansion Project, Proposed Activities
by Type and In-Situ Restoration, Massachusetts Portion of the Connecticut
Loop, Pages 1 through 3 of 3, dated February 2, 2016;
o Connecticut Expansion Project, Massachusetts Loop 200-3, Proposed Wetland
Mitigation Fales Site, Tennessee Gas Pipeline Company, LLC, Berkshire County,
Massachusetts, MADEP Transmittal No. X265051, February 03, 2016, Sheets 1
and 2 of 2, dated February 3, 2016;
o Attachment B, SMA-8/10, SMA-14, and SMA-20 Master Construction
Sequence and Attachment B, SMA-8/10, SMA-14, and SMA-20 Restoration
Plans, as included in Connecticut Expansion Project, Section 401 Water Quality
Certification, Transmittal Number X265051, Response to Additional Information
Request Dated January 6, 2016, dated February 2016; and
o Attachment D, Invasive Species Control Plan, as included in Connecticut
Expansion Project, Section 401 Water Quality Certification, Transmittal Number
X265051, Response to Additional Information Request Dated January 6, 2016,
dated February 2016.
The boundaries of the Bordering Vegetated Wetland(s) on the parcel in question have
been approved by the U.S. Army Corps of Engineers-New England District-Regulatory
Division, per the letter dated January 15, 2016, and are shown on the plan(s) of record;
The boundaries of the Isolated Vegetated Wetland(s) on the parcel in question have been
approved by the U.S. Army Corps of Engineers-New England District-Regulatory
Division, per the letter dated January 15, 2016, and are shown on the plan(s) of record;
The boundaries of Land Under Water on the parcel in question are demarcated at the
High Water Mark [as defined at 314 CMR 9.02], and have been approved by the U.S.
Army Corps of Engineers-New England District-Regulatory Division, per the letter dated
January 15, 2016, and are shown on the plan(s) of record;
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The Department has determined that the project, as shown on the plan(s) of record and
further described in supplemental information, is the least environmentally damaging
practicable alternative, and therefore meets the criteria at 314 CMR 9.06(1);
The project, as approved in this Water Quality Certification, will result in the temporary
discharge of dredged or fill material into: 439,520 square feet of Bordering Vegetated
Wetland; 16,988 square feet of Isolated Vegetated Wetland; and 615 square feet of Land
Under Water associated with the Clam River in Sandisfield and Worthington Brook in
Agawam, and the associated tributary intermittent/perennial streams to the Clam River in
Sandisfield and Worthington Brook in Agawam; and the permanent discharge of dredged
or fill material into 4,792 square feet of Bordering Vegetated Wetland;
The sum of these proposed activities will result in the discharge of dredged or fill
material into 461,915 square feet of Waters of the United States within the
Commonwealth;
Per the authority of the Department at 314 CMR 9.09(1)(d), the Department has
determined that the proposed in situ and the off-site/not-in-kind Bordering/Isolated
Vegetated Wetland compensation (in situ restoration and off-site/out-of-footprint
enhancement/restoration and preservation) described within the plan(s) of record and
supporting documentation meet the criteria at 314 CMR 9.06(2) as conditioned by this
Water Quality Certification;
Per the authority of the Department at 314 CMR 9.09(1)(d), the Department has
determined that the proposed project maintains water quality within Land Under Water
on the Site, and adequately minimizes damage to the Aquatic Ecosystem [as defined at
314 CMR 9.02] therein associated, through application of the mitigation proposed, and as
conditioned by this Water Quality Certification.
Water Quality Certification Conditions for Transmittal Number X265051
Therefore, based on information currently in the record, the Department grants a Water Quality
Certification (hereinafter Certification) for this project subject to the following conditions
(Conditions) necessary to maintain water quality, to minimize impact to Waters of the United
States within the Commonwealth, and to insure compliance with appropriate state law:
Administrative and Procedural Conditions
1) This Certification does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or
regulations, including those administered by the U.S. Army Corps of Engineers.
Activities, as defined at 314 CMR 9.02 Activity, conducted in accord with this
Certification may only begin following the twenty-one (21) calendar day appeal
period, as specified at 314 CMR 9.09(1)(e) and 314 CMR 9.10(2), and once all other
required permits and licenses have been received. The permittee shall comply with all
the Conditions of the Department of the Army General Permits, Commonwealth of
Massachusetts (U.S. Army Corps of Engineers, effective on February 4, 2015) (available
from the U.S. Army Corps of Engineers, New England District, Regulatory Division at
www.nae.usace.army.mil), unless supplanted by an Individual Permit. The General
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Permits conditions therein hereby form a part of, and are inseparable from, this
Certification.
2) This Certification does not grant any property rights or any exclusive privileges; it does
not authorize any injury to private property or invasion of property rights. The permittee
must obtain all necessary licenses, permits, easements and other authorizations
allowing it to conduct the proposed activities prior to commencement of activities
subject to this Certification.
3) All successors and assigns in interest or control of the property subject to this Certification
and any contractor or other person performing work conditioned by this Certification shall
adhere to all applicable procedural and technical Conditions of this Certification. All
work upon or within Waters of the United States within the Commonwealth allowed per
this Certification shall be accomplished by reference to the plan(s) of record, and to the
several Conditions of this Certification. In the event of any conflict between the several
Conditions of this Certification and the plans of record, the Conditions of this Certification
shall prevail.
4) The permittee shall arrange to procure and submit via hand to the Departments Western
Region Wetlands Program (Springfield State Office Building, 5th Floor, 436 Dwight Street,
Springfield, Massachusetts) at least three (3) copies of the plan(s) of record (as referenced
above) at least ten (10) business days prior to the initiation of activities at the Site, and
subject to the Departments jurisdiction. Upon review and acceptance of these plan(s) of
record, the Department will affix an Approved stamp upon each sheet or bound set, which
will then be signed by appropriate Department staff. A copy shall be retained by the
Department as a permanent record, and a copy will be returned via hand delivery to the
permittee and the general contractor (or equivalent). Thereafter, all work conducted per this
Certification shall fully and completely comply with these plan(s) of record.
5) While submitting the three (3) copies of the plan(s) of record required at Condition #4 of this
Certification, and prior to the initiation of any activities otherwise permitted by this
Certification, the permittee shall arrange for a Pre-construction Meeting to be held with the
Departments Western Region Wetlands Program at the Springfield State Office Building, 5th
Floor, 436 Dwight Street, Springfield, Massachusetts. It shall be the responsibility of the
permittee to insure that its representative(s) (if any), as well as the general contractor, all
appointed compliance monitors and environmental consultants required within this
Certification (if any), and all other pertinent firms or persons, are in attendance. The
permittee shall also insure that all plan(s) of record, contracts, and other pertinent documents
are made available. No activities otherwise permitted by this Certification may proceed until
this Pre-construction Meeting has been held.
6) Should the plan(s) of record approved in this Certification (or any sheet, detail, schematic, or
collar note therein) prove not to accurately reflect site conditions, standard construction
methodologies, or practical construction considerations sufficient enough to cause contractors
not to be able to build according to said plan(s), the Department maintains the right to require
an immediate cessation of work within its jurisdiction, in whole or in part. Should the
Department, at its sole discretion, require such cessation, it shall do so in writing to the
permittee, and such notice shall require adequate interim erosion and sedimentation controls
and the submittal of proposed plan revisions that address the inadequacies, and result in the
same or reduced alterations to Waters of the United States within the Commonwealth (as
4
defined at 314 CMR 9.02) as approved in the plan(s) of record. Activities shall not
recommence until written approval to proceed has been issued by the Department.
7) The Clam River and Worthington Brook, and their associated tributaries and Bordering
and Isolated Vegetated Wetlands are classified in the Massachusetts Surface Water
Quality Standards [314 CMR 4.00] as Class B, High Quality Waters, and are protected by
the antidegradation provisions of these Standards. Therefore, reasonable care and
diligence shall be taken by the permittee to assure that the proposed activity will be
conducted in a manner that will avoid violations of these Standards.
8) The contractor(s) employed to execute earth-moving, vegetation removal, demolition,
and/or motorized vehicle operation activities on the property subject to this Certification
must be provided a copy of this Certification prior to the commencement of any such
activities. Said contractor(s) may be held responsible with the permittee and property
owner for violations by the contractor, and may be subject to penalties authorized by law
and/or regulation for those violations.
9) This Certification specifically prohibits any activity, as defined at 314 CMR 9.02 Activity,
within or upon any Waters of the United States within the Commonwealth not
specifically authorized by this Certification. Any failure to abide by the Conditions of this
Certification that results in or contributes to a discharge of dredged or fill material or
discharge from dredging, as defined at 314 CMR 9.02, into Waters of the United States
within the Commonwealth, shall result in a potential enforcement action on the part of
the Department, and possibly other regulatory agencies.
10) As this project has been determined to meet the definition of Single and Complete
Project at 314 CMR 9.02, the amount of proposed discharge of dredged or fill material
within Waters of the United States within the Commonwealth permitted by this
Certification shall not be exceeded, regardless of future project modifications or any
proposed modifications under Condition #11 of this Certification. This prohibition does
not expire.
11) The Department shall be notified in writing of any proposed changes in construction
methodology or design necessary to complete this project, save for any proposed
modifications involving additional discharge of dredged or fill material, which are
strictly prohibited. Proposed reduction of discharge of dredged or fill material may be
submitted under this Condition. Based upon submittals under this Condition, the
Department will determine whether any proposed changes will require an Amendment
to this Certification per the Departments authority at 314 CMR 9.09(2).
12) Failure to comply with this Certification is grounds for enforcement, including civil and
criminal penalties, under MGL c. 21, 42; 314 CMR 9.00; MGL c. 21A, 16; 310 CMR
5.00; or other possible actions/penalties as authorized by the General Laws of the
Commonwealth of Massachusetts.
13) Department staff shall have the right to enter and inspect the property subject to this
Certification at reasonable hours to evaluate compliance with the Conditions of this
Certification.
14) This Water Quality Certification expires on February 4, 2020, unless the U.S. Army Corps
of Engineers, New England District, Regulatory Division specifically authorizes a
different expiration date in writing in a Pre-Construction Notification Authorization or
Individual Permit issued under 404 of the federal Clean Water Act and the Department
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of the Army General Permits, Commonwealth of Massachusetts (U.S. Army Corps of

Engineers, effective February 4, 2015) issued thereunder.
15) No work subject to this certification, including the cutting of trees, may be conducted
prior to the expiration of the Appeal Period set forth below or until a final decision is
issued by the Department if an appeal is filed.
16)
Site Stabilization Conditions
17) Prior to commencement of any work on the Site, adequate erosion and sedimentation
control measures shall be implemented, including any necessary controls not specifically
referenced in the plan(s) of record, and they shall be maintained in effect throughout the
entire project, and until the Site has become stabilized with an adequate vegetative or
landscaping cover. Structural failure of the erosion and sedimentation controls required
by this Certification, and subsequent discharge of untreated stormwater to Waters of the
United States within the Commonwealth, would constitute a violation of this
Certification, and could result in enforcement actions taken by the Department, and
possibly other regulatory agencies.
18) Prior to the commencement of any earth-moving activity, and where necessary, a double-
staked hay bale barrier (end to end) shall be placed along the limit of activity between all
disturbed areas and jurisdictional Resource Areas, regardless of what is shown on the
plan(s) of record. Each bale shall be properly bound with at least two (2) lengths of twine
or wire, and shall be entrenched to an excavated depth of at least four (4) inches, but no
greater than six (6) inches. Excavated spoils from entrenching shall be deposited on the
up-gradient side of the barrier. Bales shall be tightly butted against each other. A
geotextile siltation fence shall be placed on the down-gradient side of the aforementioned
hay bale barrier, and shall be entrenched in a like manner such that the base of the fabric
lies below grade extending at least six (6) inches away from the fence. This fence shall be
located no further than twelve (12) inches from the down-gradient side of the hay bale
barrier. These erosion and sedimentation controls shall be constructed per this Condition,
and shall be maintained in proper functioning condition until all disturbed areas have been
stabilized, or until the Department has determined that the control measures are no longer
necessary. Where employed, the geotextile siltation fence shall constitute a limit-of-work-
line. No work shall be permitted on the down-gradient side (the Resource Area side) of
this line under this Certification.
19) Prior to the initiation of any activities otherwise permitted in this Certification the
permittee shall insure that a Construction Sequencing Plan appropriate to project and
site conditions is submitted to the Department and approved in writing by the Department.
Such a plan shall minimally follow the US Environmental Protection Agencys National
Pollutant Discharge Elimination System (NPDES) Construction Sequencing Best
Management Practice at
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm?action=browse&Rbutton=
detail&bmp=51.
20) The permittee shall make every reasonable effort to insure that tree roots and stumps
remain intact and viable within the portions of BVW/IVW labeled on the plans of record
as Temporary Fill/In-Situ Restoration/Temporal Loss, wherever practicable. Such
6
efforts are intended to maximize the rapid reestablishment of woody vegetation through
coppice growth. Similarly, surface microtopography (e.g., pits and mounds) and abiotic
components (ledge, rock fragments) shall be preserved in place wherever practicable. All
temporary deposition of trench spoils shall be stored between an existing pipeline and the
proposed pipeline, as depicted on the cross-sections provided with the plans of record.
Compliance Monitoring Conditions
21) Within ten (10) business days of the issuance date of this Certification, the permittee shall
nominate one or more compliance monitors in writing, who shall be accepted in writing by
the Department. Nominated compliance monitors shall have adequate and relevant
education, training, and/or experience necessary to understand and perform the duties
described herein, and the Department reserves the right to accept nominees based upon its
review of such education, training, and/or experience, as documented in resumes
submitted to the Department. The approved compliance monitor(s) shall observe all
construction activity within all Waters of the United States within the Commonwealth
(as defined at 314 CMR 9.02) permitted by this Certification and subject to it (said
compliance monitor can be the same person identified at Condition #21 of this
Certification). For purposes of this Certification, construction activities are all activities
(as defined at 314 CMR 9.02 Activity) within Waters of the United States within the
Commonwealth (WUSWC) which entail the initial placement and/or extraction of fill or
materials:
a. including the placement and the extraction of any proposed construction mats;
b. the initial placement of any material into standing water within WUSWC;
c. the initial placement of fill into Bordering and Isolated Vegetated Wetlands;
d. the extraction of temporary fill from any WUSWC; and
e. The removal and placement of any material or substance from or into WUSWC
for purposes of mitigation which is required in this Certification.
The compliance monitor(s) are not required to be present for any work:
f. taking place in WUSWC after initial placement of fill or materials (e.g., atop
construction mats);
g. taking place within the area dewatered by the proposed temporary cofferdams;
and
h. taking place in areas that are not Waters of the United States within the
Commonwealth.
In addition to the above, the compliance monitor(s) shall conduct a thorough inspection of
the site within 24 hours of any rainfall which equals or exceeds 0.5 inches within 24 hours
(as measured from the nearest applicable National Weather Service Automated Surface
Station, see http://weather.noaa.gov/weather/MA_cc_us.html); or every calendar week
during active construction, whichever comes first.
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While performing these duties the compliance monitor(s) shall confirm that all relevant
Conditions of this Certification are being complied with at all times whilst they are present.
While on site, the compliance monitor(s) shall sufficiently document any and all observed
noncompliance with any of the Conditions of this Certification. The compliance monitor(s)
shall submit such electronic documentation to: David.Foulis@state.ma.us. This electronic
documentation shall be in the form of a concise written report which adequately describes the
noncompliant activities and/or conditions and cites the Condition(s) which have been
violated, and shall always be accompanied by the submittal of digital photographs, which
shall clearly and adequately show the nature and extent of noncompliant activities and/or
conditions and support the written report. This electronic documentation shall be submitted
as such noncompliance is occurring and/or is first noted by the compliance monitor(s). If, in
unusual circumstances, this is not physically possible, then the compliance monitor(s) shall
submit electronic documentation within no more than four (4) hours of the initial observance
of the noncompliant activity and/or condition. Within this same time period, the compliance
monitor(s) shall also report the noncompliant activities and/or conditions via telephone to
each of the following Department staff: David Foulis at 413-755-2154 and David Cameron at
413-755-2138. Failure to comply with this Condition would constitute a violation of this
Certification and could result in enforcement actions taken by the Department. The
permittee, its employees, agents, successors, and assigns shall not impede the compliance
monitor(s) in the performance of their duties under this Certification. Any change in staffing
of the compliance monitor(s) must be approved by the Department per Condition #11 of this
Certification.
Conditions Which Apply to all Physical Vegetated Wetland Compensation (in situ restoration,
enhancement, and creation) at Conditions 23 through 31
22) At least ten (10) business days prior to the initiation of construction, the permittee shall
nominate a wetland scientist(s) in writing, who shall be accepted in writing by the
Department. Nominated wetland scientist(s) shall have at least five (5) years of
experience in developing replacement area plans for Bordering Vegetated Wetland
(BVW) alteration per 314 CMR 9.06(2) and 310 CMR 10.55(4)(b)1. through 7.,
inclusive. The Department maintains the right to approve or deny the nominee based upon
the individuals level of experience as it relates to the successful construction and
completion of BVW replacement areas. Any change in staffing of the wetland
scientist(s) must be approved by the Department per Condition #11 of this Certification.
The designated wetland scientist(s) shall directly supervise all required compensation
described at Condition #24 through #32, below.
23) Failure to maintain an appropriate standard of care in the installation or post-installation
components of required compensation, at any time, including but not limited to planting at
inappropriate times of year, failure to reach appropriate subsurface hydrology, failure to
restore or replicate suitable substrate conditions, failure to implement standard
horticultural practices (such as irrigation, fertilization, disease and pest control), failure to
maintain erosion and sedimentation controls, failure to adequately control nonindigenous
invasive species, and the loss of plantings of a sufficient number to impair the success of
compensation may be deemed noncompliance with this Certification at the sole discretion
8
of the Department, unless identified in writing to the Department by the wetland

scientist(s), or the permittee within five (5) business days of discovery. Any such written
notification must include a corrective plan of action, which shall be implemented by the
permittee according to a schedule and conditions established in writing by the
Department. The Department maintains the right to take enforcement action per 314
CMR 9.11 for any such noncompliance, in addition to its right to require adherence to the
several Conditions of this Certification.
24) The Department reserves the right to require additional field inspections, documentation,
field-derived data, photographs, reports, and any other plan(s) necessary in order to meet the
requirements of 314 CMR 9.00, including 314 CMR 9.06(2). The Department reserves the
right to require any additional restoration of Waters of the United States within the
Commonwealth when, at its discretion and per its sole judgment, temporary discharges of
dredged or fill material into Waters of the United States within the Commonwealth has
resulted in a long-term adverse impairment to the specific resource area, and/or to the
proximate resource areas.
Provision of In Situ Bordering and Isolated Vegetated Wetland Restoration in Areas of No

Temporal Loss
25) By no later than November 30, 2016 the permittee shall restore all BVW/IVW shown on
the plans of record and labeled Temporary Fill/In-Situ Restoration/No Temporal Loss
per the requirements of 314 CMR 9.06(2), and per the below-listed sections of Final
Compensatory Wetland Mitigation Plan, New England Portion of the Connecticut
Expansion Project, dated February 2016, and other sections of the plans of record, as
modified by this Condition, as follows:
a) Section C.1.1 on pages 45 through and including 48
b) Section C.2.1 on pages 58 and 59
c) The Department rejects the Seed Mixes described in Tables C-3 and C-8, and
elsewhere, as they are intended for both upland and wetland settings. Prior to initiation
of any activities otherwise permitted within this Certification, the permittee shall provide
a seed mix list composed of hydrophytes indigenous to Berkshire County, Massachusetts
and developed specifically for application in vegetated wetlands. The vendor shall be
specifically identified, and that vendor shall certify in writing that:
i) All listed species are identified by scientific name (use The Vascular Plants of
Massachusetts: A County Checklist-First Revision, by Melissa Dow Cullina, Bryan
Connolly, Bruce Sorrie and Paul Somers (Massachusetts Natural Heritage &
Endangered Species Program, Massachusetts Division of Fish and Wildlife, 2011);
ii) shall not include seed from non-Massachusetts ecotype sources; and
iii) shall not include non-indigenous subspecies, cultivars, or varieties.
26) By no later than May 31, 2017, or such later date as may be approved by the Department
in writing, the wetland scientist(s) shall complete monitoring of the status of each BVW in
which temporary earthen fills, trenching, and construction mats have been removed and
the topography reestablished per this Certification via a field inspection. Based upon this
field inspection, the wetland scientist(s) shall report the condition of in-situ restoration
within the footprint of each BVW from whence earthen fills or construction mats have
been removed via the submittal of a Letter of Certification to the Department, which
9
shall be sent to the Department on or before June 9, 2017. Based upon the results of the
field inspection the wetland scientist(s) or their designees shall adequately certify, through
signature and inclusion of professional stamps, if any, that there is no noticeable adverse
impact to the hydrophytic plant community, soil characteristics and microtopography,
and/or surface and near surface hydrology from the placement and removal of earthen fills
and construction mats within Waters of the United States within the Commonwealth.
27) If the approved wetland scientist(s) or their designee determines that they cannot certify
that there is no noticeable adverse impact to specific Waters of the United States within
the Commonwealth per Condition #25, said wetland scientist(s) or their designee shall
contact the Department within two (2) business days of said discovery. In such
circumstances, Condition #27 of this Certification shall be in full force and affect.
28) The Department reserves the right to require additional field inspections, documentation,
field-derived data, photographs, reports, and any other plan(s) necessary in order to meet the
requirements of 314 CMR 9.00, including 314 CMR 9.06(2). The Department reserves the
right to require any additional restoration of Waters of the United States within the
Commonwealth when, at its discretion and per its sole judgment, the placement and
removal/re-covering of temporary earthen fills, trenching, and construction mats has
resulted in a long-term adverse impairment to the specific resource area, and/or to the
proximate resource areas.
Provision of In Situ Restoration for Bordering and Isolated Vegetated Wetland in Areas of
Temporal Loss
29) By no later than November 30, 2016, or such later date as may be approved by the
Department in writing, the permittee shall restore all BVW/IVW shown on the plans of
record and labeled Temporary Fill/In-Situ Restoration/Temporal Loss per the
requirements of 314 CMR 9.06(2), and per the below-listed sections of Final
Compensatory Wetland Mitigation Plan, New England Portion of the Connecticut
Expansion Project, dated February 2016, and other sections of the plans of record, as
modified by this Condition, as follows:
a) Section C.1.1 on pages 45 through and including 48;
b) Section C.2.1 on pages 58 and 59;
c) Table C-3, Wetland Restoration Area Plant List-Massachusetts Loop, on page 46;
d) Table C-8, Wetland Restoration Area Plant List-Connecticut Loop, on page 59;
e) Page 19 of 19, Tree and Shrub Planting Notes, Tennessee Gas Pipeline Company, CT
Expansion Project, Proposed Activities by Type and In-Situ Restoration;
f) Page 3 of 3, Tree and Shrub Planting Notes, Tennessee Gas Pipeline Company, CT
Expansion Project, Proposed Activities by Type and In-Situ Restoration, Massachusetts
Portion of the Connecticut Loop;
g) Upon planting, each planted shrub or sapling shall be identified with a tag which clearly
indicates the planting as a restoration planting. The design and materials of such tags
shall be approved by the Department prior to use; and
h) The Department rejects the Seed Mixes described in Tables C-3 and C-8, and
elsewhere, for the reason(s) stated above. Prior to initiation of any activities otherwise
permitted within this Certification, the permittee shall provide a seed mix list composed
of hydrophytes indigenous to Berkshire County, Massachusetts and developed
10
specifically for application in vegetated wetlands. The vendor shall be specifically

identified, and that vendor shall certify in writing that:
ii) shall not include seed from non-Massachusetts ecotype sources;
iii) shall not include non-indigenous subspecies, cultivars, or varieties.
Provision of Off-Site/Not-in-Kind Bordering and Isolated Vegetated Wetland Compensation
Department in writing, the permittee shall complete construction of the proposed 21,898
square foot vegetated wetland shown on the plan of record titled Connecticut Expansion
Project, Massachusetts Loop 200-3, Proposed Wetland Mitigation Fales Site, Tennessee
Gas Pipeline Company, LLC, Berkshire County, Massachusetts, MADEP Transmittal No.
X265051, February 03, 2016, Sheets 1 and 2 of 2, dated February 3, 2016. Any
deviation from the methodology approved by this Condition of the Certification must be
requested in writing and approved by the Department per Condition #11 of this
Certification. This proposed vegetated wetland shall be initially excavated according to the
plan(s) of record prior to any earth moving activity otherwise permitted by this Certification.
Donor soil placement, organic amendments, and plantings shall not be placed within this
vegetated wetland until such time as the designated wetland scientist has verified that the
final excavated grade for this vegetated wetland has intercepted groundwater at an elevation
necessary and appropriate to support the proposed wetland hydrologic regime, and has been
sufficiently joined to existing wetlands WMA-F and WMA-G (as shown on the plan of
record) such that continuous wetland hydrology is established. Said plan(s) of record
indicate that the finished substrate of the proposed vegetated wetland will be located at
approximate elevation 1,450 feet above mean sea level (AMSL) to 1,464 feet
AMSL(NGVD). The wetland scientist(s) shall verify in the field that these elevations will
meet the requirements of this Condition.
31) The Department hereby approves the proposed planting list of woody species and
herbaceous plugs, shown in tabular format on the plan of record. Any modification of
species, size, quantity or planting techniques must be requested by the permittee in writing
and approved by the Department per Condition #11 of this Certification.
32) The Department hereby approves the proposed fencing plan for the wetland
creation/enhancement area at the Fales Site, with the exception that the fence shall extend
along the northern limits of the wetland creation/enhancement area, terminating at the
existing hedgerow along the western edge of South Beech Plain Road.
33) Prior to initiation of any activities otherwise permitted within this Certification, the
permittee shall provide a seed mix list composed of hydrophytes indigenous to Berkshire
County, Massachusetts and developed specifically for application in vegetated wetlands.
The vendor shall be specifically identified, and said vendor shall certify in writing that:
11
ii) shall not include seed from non-Massachusetts ecotype sources;
iii) shall not include non-indigenous subspecies, cultivars, or varieties;
iv) Additional applications of the approved seed mix shall be used when appropriate to
maintain optimum surficial coverage of vegetation, until such time as the constructed
vegetated wetland has been fully stabilized and is functioning as BVW, as determined
by the wetland scientist(s) per Condition #34 of this Certification.
Department in writing, and as additional qualitative compensation for permanent and
temporal losses to BVW/IVW, the permittee shall daylight and restore the jurisdictional
streams mapped as SMA-8/10, SMA-14, and SMA-20 in accordance with the plans of
record and supporting information within Attachment B of Final Compensatory Wetland
Mitigation Plan, New England Portion of the Connecticut Expansion Project, dated
February 2016. Stream SMA-14 is a perennial river named Spectacle Pond Brook, a
designated cold-water fishery per 314 CMR 9.02.
Preservation Component of Compensation Package
35) Per Section H of Final Compensatory Wetland Mitigation Plan, New England Portion of
the Connecticut Expansion Project, dated February 2016, and per the authority of the
Department at 314 CMR 9.09(1)(d), the permittee shall effectuate the legal transfer in fee
simple of the portion of land referred to in the plans of record as the Fales Site to the
Massachusetts Department of Conservation and Recreation-Division of MassParks. This
legal transfer shall occur prior to the initiation of any activities otherwise permitted in this
Certification, and the Department shall be provided a copy of the records within the
Southern Berkshire County Registry of Deeds demonstrating this transfer. The Fales Site
is an approximately 35.7 acre portion of property with frontage on South Beech Plain
Road, located in the Town of Sandisfield, Berkshire County, Massachusetts; and also
referred to as 137 South Beech Plain Road, Assessors Map 409, Parcel 10 (in part). The
forested portion of the Fales Site is located within a Massachusetts Natural Heritage and
Endangered Species Program BioMap2 Landscape (ID 2834).
Monitoring of Restored and Created Vegetated Wetlands (both in-situ and at the Fales Site)
36) The wetland scientist(s) approved by the Department or their approved designee shall
monitor the status of all restored vegetated wetlands shown on the plans of record and
labeled Temporary Fill/In-Situ Restoration/Temporal Loss; and created/enhanced
vegetated wetlands at the Fales Site, in calendar years 2017 through and including 2022,
and then until such time as each of these Bordering/Isolated Vegetated Wetlands
(BVW/IVW) function in accordance with 314 CMR 9.06(2), as established by data
collected during monitoring. Monitoring shall include, at a minimum, the collection of all
data required in page 1 (for all areas of Temporal Loss) and page 2 (just for the Fales
Site) of Wetland Determination Data Form Northcentral and Northeast Region [as
found within US Army Corps of Engineers. 2012. Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Northcentral and Northeast Region, ed. J. S.
12
Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-12-1. Vicksburg, MS: U.S.

Army Engineer Research and Development Center (Version 2.0)]. All vascular plants
within these BVW/IVWs, as shown on the plan(s) of record, shall be identified to the
species level. Scientific nomenclature shall follow The Vascular Plants of Massachusetts:
A County Checklist-First Revision, by Melissa Dow Cullina, Bryan Connolly, Bruce
Sorrie and Paul Somers (Massachusetts Natural Heritage & Endangered Species Program,
Massachusetts Division of Fish and Wildlife, 2011), or an equivalent acceptable to the
Department (as established in writing). At least two (2) Wetland Determination Data
Forms shall be completed for two (2) distinct Observation Plots within each of the
BVW/IVW subjected to temporary discharges of fill [WMA-3, WMA-5, WMA-6, WMA-
7 (each of 4 polygons), WMA-10, WMA-12, WMA-14, WMA-15WMA-18, WMA-19,
WMA-17WMA-20, WMA-21(each of 2 polygons), WMA-23 and WMA-01]; and within
the created vegetated wetland at the Fales Site. Sampling shall take place at least once in
each growing season in the years specified in this Condition. For the vegetated wetland at
the Fales Site only, each sampling event shall include hydrologic data garnered from
observation holes. These observation holes shall be at least twenty-four inches deep,
as measured from the surface of the mineral soil horizon. Alternatively, and with the
permission of the Department, the wetland scientist(s) or their designee can establish a
shallow monitoring well, directly adjacent to the two (2) Observation Plots within the
vegetated wetland at the Fales Site. The shallow monitoring wells shall be constructed,
installed, and operated in accordance with Installing Monitoring Wells/Piezometers in
Wetlands [US Army Corps of Engineers, Wetlands Regulatory Assistance Program,
WRAP Technical Note ERDC TN-WRAP-00-02, July 2000]. During each sampling
event, color photographs or color reproductions of photographs (digital photographs or
color photocopies) shall be taken of each of the two (2) separate Observation Plots, and of
the observation holes established by this Condition. All data collected during each of the
years specified in this Condition shall be submitted in a written report entitled BVW
Restoration and Creation Monitoring Report-Massachusetts Loop and Connecticut Loop,
Sandisfield and Agawam, Massachusetts. A draft copy shall be submitted to the
Department on or before November 30th of each year specified by this Condition. A final
copy shall be sent to the Department within thirty (30) calendar days of the receipt of draft
comments by the Department, if any.
37) At the Fales Site the wetland scientist(s) or their designee shall collect data on wetland
hydrology within the BVW Replacement Area at least once per month during the growing
season in the years specified at Condition #23. The wetland scientist(s) or their designee
shall use the observation holes or shallow monitoring wells required by Condition #23
in order to achieve the objectives of this Condition. At a minimum the wetland scientist(s)
or their designee shall record depth to apparent water table and/or depth of surface
inundation, both as measured from the soil surface [see Delineating Bordering Vegetated
Wetlands Under the Massachusetts Wetlands Protection Act (DEP 1995) for a definition]
during each monthly observation. This data shall be included within the report required at
Condition #23.
38) Based upon the data collected during sampling events, the wetland scientist(s), or the
Department upon its own discretionary initiative, shall render a conclusion within each
report required by Condition #23, as to the success of the compensation (in situ
restoration/enhancement/creation) in terms of 314 CMR 9.06(2), including the
13
establishment of wetland hydrology at the Fales Site. If, at the end of the second
growing season, the wetland scientist(s), or the Department upon its own discretionary
initiative, render a conclusion that this compensation has failed the standards specified at
314 CMR 9.06(2), said wetland scientist(s) shall prepare and submit a written corrective
plan of action no later than the end of that calendar year to the Department for approval.
The approved corrective plan of action shall be implemented the next growing season
under the supervision of a wetland scientist approved by the Department, and shall be
monitored via the requirements specified in the several Conditions of this Certification.
39) Each year in which monitoring is required, the wetland scientist(s) or her/his designee(s)
shall complete an inventory of planted woody stock via reference to the tags required at
Condition #28(g). This inventory shall list each planted species, and the total number of
surviving plantings within each species. Where mortality is encountered, the wetland
scientist(s) shall offer their opinion as to the cause of such mortality. This inventory shall be
included within the report required at Condition #34.
Prohibitions and Mitigation for Activities in Land Under Water
40) Except as may otherwise be approved in writing by the Department and at its sole
discretion, activities below the High Water Mark [as defined at 314 CMR 9.02] and within
Land Under Water associated with Spectacle Pond Brook, and the unnamed streams
referred to as SMA-8/10 and SMA-20, shall take place between July 1st and August 30th of
any given year. Work within Land Under Water may continue after August 30th only if
the area of proposed work is hydrologically isolated through mechanical means from
surface water after June 30th but before September 1st of that year, as confirmed and
approved through Condition #11 of this Certification. Any proposed modification under
Condition #11 of this Certification not conforming to this Condition of the Certification
shall only occur after a written request has been submitted to the Department. The request
shall specify the exact position and extent of any proposed in-stream work not in
conformance with the above time-of-year (TOY) window; and shall detail why such work
must take place outside the specified time period and any additional erosion and
sedimentation controls necessary as a result of such proposed work. The Department
reserves the right to deny any such request if a practicable alternative exists, as determined
solely by the Department.
41) All work upon or within Land Under Water and below the High Water Mark allowed per
this Certification shall be accomplished by reference to the plan(s) of record, as modified
by the several Conditions of this Certification, if any.
42) This Certification specifically prohibits the use of stone riprap, or any other off-site
product or substance, from permanent emplacement below the High Water Mark of any
Land Under Water at the Site. All stabilization of Land Under Water (lake, pond,
reservoir, river, stream, or creek) shall be accomplished through the methods
described in the plans of record, unless some other methodology is proposed by the
permittee in writing and approved by the Department per Condition #11 of this
Certification.
43) The Department has determined that the proposed daylighting and restoration of the
jurisdictional streams mapped as SMA-8/10, SMA-14, and SMA-20 constitutes additional
mitigation for the aquatic ecosystem (as defined at 314 CMR 9.02 Aquatic Ecosystem)
14
of Spectacle Pond Brook and unnamed tributaries to the Clam River, in conformance with
314 CMR 9.06(2).
44) This Certification specifically prohibits any activity, as defined at 314 CMR 9.02 Activity,
below the High Water Mark of Spectacle Pond Brook from January 1st to May 1st of any
given year. Additionally, this Certification requires the permittee to notify the Department
in writing at least seventy-two (72) hours in advance of any proposed activities with
twenty-five (25) feet of the High Water Mark of Spectacle Pond Brook. The Department
reserves the right to require additional protective measures for any work within twenty-
five (25) feet of the High Water Mark of Spectacle Pond Brook, based upon actual field
conditions. This reach is designated as a Coldwater Fish Resource by the Massachusetts
Division of Fisheries and Wildlife, and therefore meets the definition of cold-water
fisheries at 314 CMR 9.02. As such, this reach is either habitat for brook trout
(Salvelinus fontinalis) and other coldwater fish species, or consists of habitat potentially
viable for brook trout and other coldwater fish species. Any proposed deviation from this
provision must be requested in writing per Condition #11 of this Certification. The
Department maintains the right to deny any proposed modifications to this Condition that,
in the opinion of the Department, would present short- or long-term adverse affect to the
habitat requirements of brook trout, and other cold-water fisheries.
45) Prior to the initiation of any activity otherwise permitted by this Certification, the
permittee shall prepare a detailed dewatering plan for all proposed discharges within Land
Under Water at the Site. This dewatering plan shall minimally include identification of
techniques for bypass of water around each area of discharge; and separately,
identification of techniques for treatment of residual water (seepage water) within each
area of discharge. All such plans shall completely segregate bypass water from residual
water. This dewatering plan shall include:
Identification of any regulatory time-of-year (TOY) restrictions governing the

proposed work [from the US Army Corps of Engineers General Permit-
Commonwealth of Massachusetts (MGP); any Massachusetts Natural Heritage
and Endangered Species Program directive; and any presumptive directions offered
by the Massachusetts Division of Fisheries and Wildlife]. The Department will
require adherence to TOY restrictions unless the permittee demonstrates that
compliance with them is not practicable;
Use of temporary flume pipes to bypass flowing water in small rivers and intermittent
streams, when flowing, and upstream and downstream temporary dams to isolate the
work area and protect it from backwatering. Flume pipes shall be equipped with anti-
seep collars where they pass through temporary dams, and fish screens on their
upstream inverts. Flume pipes shall be sized to adequately handle at least a two-year
storm event;
Use of cofferdams to isolate the area of alteration from flowing water in larger rivers,
and in reservoirs, lakes, and ponds;
Use of pumps and hose lines to dewater standing water held behind cofferdams, and
to dewater residual water and leaked water in isolated work areas. The rating, type,
and location of all pumps and the intake and discharge positions of all hoses shall be
identified and located on the revised site plans;
15
Use of appropriate energy dissipaters and erosion and sedimentation control best
management practices at the discharge orifices of all bypass flume pipes and pump
hoses;
Treatment of pumped residual water prior to discharge back to resource areas.
Techniques such as filter bags, frac tanks, and stilling basins shall be analyzed and
specifically proposed;
Salvage and translocation of sessile aquatic organisms (vertebrates, crayfish,
freshwater mussels, etc.) stranded during dewatering;
Structural and nonstructural best management practices to separate stormwater from
the area of alteration during work and while the site is unstable; and
Assurance that the substrate within each area of discharge is stable prior to the
reestablishment of flow within it.
The Department advises that dewatering plans be designed according to Stream Simulation:
An Ecological Approach to Providing Passage for Aquatic Organisms at Road Crossings
(USDA Forest Service-National Technology and development Program 0877 1801-SDTDC,
May 2008) (available at
http://www.nae.usace.army.mil/reg/Stream/USFS_StreamSimulationManual.pdf ). This
document is very useful, even for projects not located in flowing streams.
Stormwater Management
45) The project conditioned by this Certification is subject to the United States Environmental
Protection Agencys (EPA) Construction General Permit (CGP) issued under the National
Pollutant Discharge Elimination System (NPDES) (re-issued July 1, 2003). An electronic
copy of the Notice of Intent submitted to the EPA per the CGP shall be provided to the
Department at the time of filing. The Department reserves the right to inspect the
Stormwater Pollution Prevention Plan (SWPPP) (which, in accordance with the CGP must be
maintained on Site), and Notice of Termination (NOT) during compliance inspections
conducted in accordance with Condition #13 of this Certification. Failure to comply with the
Construction General Permit may constitute a violation of Condition #1 of this Certification,
and may result in an enforcement action on the part of the Department, and possibly other
regulatory agencies.
Use of Herbicides to Control Invasive, Nonindigenous Plant Species
46) Should the permittee elect, or is required to use herbicides within any Waters of the United
States within the Commonwealth per Attachment D, Invasive Species Control Plan (as
included in Connecticut Expansion Project, Section 401 Water Quality Certification,
Transmittal Number X265051, Response to Additional Information Request Dated January 6,
2016), all such application shall be conducted in accordance with MGL Chapter 111, Section
5E, including any proposed usage in any Bordering or Isolated Vegetated Wetland. For most
techniques, a BRP WM 04 Permit will be required for use of herbicides within any Waters
of the United States within the Commonwealth. In most cases, chemical treatments must be
performed by an applicator currently licensed (in the aquatic weed category) by the
Massachusetts Department of Food and Agriculture-Pesticide Bureau. Please contact Robert
16
Kubit, Division of Watershed Management, at the Departments Central Regional Office (1-
508-767-2854) for additional information.
Pipe Testing Discharges
47) The permittee shall comply with the approved plans for the management of all discharges of
residual water from pipe testing to ensure that those activities do not result in a discharge to
Waters of the United States within the Commonwealth.
Section 61 Findings
See Attached Section 61 Findings
Appeal Rights
Certain persons shall have a right to request an adjudicatory hearing concerning certifications by
the Department when an application is required:
a. The applicant or property owner;

b. Any person aggrieved by this certification who has submitted written comments
during the public comment period;
c. Any ten (10) citizens of the Commonwealth pursuant to MGL c. 30A where a
group member has submitted written comments during the public comment
period; or
d. Any governmental body or private organization with a mandate to protect the
environment that has submitted written comments during the public comment
period.
Any person aggrieved, any ten (10) citizens of the Commonwealth, or a governmental body or
private organization with a mandate to protect the environment may appeal without having
submitted written comments during the public comment period only when the claim is based on
new substantive issues arising from material changes to the scope or impact of the activity and
not apparent at the time of public notice. To request an adjudicatory hearing pursuant to MGL c.
30A, 10, a Notice of Claim to an Adjudicatory Hearing must be made in writing, provided that
the request is made by certified mail or hand delivery to the Department, with the appropriate
filing fee specified within 310 CMR 4.10 along with a Departmental Action Fee Transmittal
Form within twenty-one (21) days from the date of issuance of this Certificate, and addressed to:
Massachusetts Department of Environmental Protection

Case Administrator
One Winter Street, 2nd Floor
Boston, MA 02108
A copy of the request shall at the same time be sent by certified mail or hand delivery to the
issuing office of the Wetlands and Waterways Program at:
17
Massachusetts Department of Environmental Protection

Springfield State Office Building
436 Dwight Street
Springfield, MA 01103
A Notice of Claim for Adjudicatory Hearing shall comply with the Departments Rules for
Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information
pursuant to 310 CMR 4.10(3):
a. The 401 Certification Transmittal Number and DEP Wetlands Protection Act
File Numbers;
b. The complete name of the applicant and address of the project;
c. The complete name, address, and facsimile and telephone numbers of the party
filing the request, and, if represented by counsel or other representative, the name,
facsimile and telephone numbers, and address of the attorney;
d. If claiming to be a party aggrieved, the specific facts that demonstrate that the
party satisfies the definition of aggrieved person found at 314 CMR 9.02;
e. A clear and concise statement that an adjudicatory hearing is being requested;
f. A clear and concise statement of (1) the facts which are grounds for the
proceedings, (2) the objections to this Certificate, including specifically the
manner in which it is alleged to be inconsistent with the Departments Water
Quality Regulations, 314 CMR 9.00, and (3) the relief sought through the
adjudicatory hearing, including specifically the changes desired in the final written
Certification; and
g. A statement that a copy of the request has been sent by certified mail or hand
delivery to the applicant, the owner (if different from the applicant), the
conservation commission of the city or town where the activity will occur, the
Massachusetts Department of Conservation and Recreation (when the Certificate
concerns projects in Areas of Critical Environmental Concern), the public or
private water supplier where the project is located (when the certificate concerns
projects in Outstanding Resource Waters), and any other entity with responsibility
for the resource where the project is located.
The hearing request along with a Departmental Action Fee Transmittal Form and a valid check
or money order payable to the Commonwealth of Massachusetts in the amount of one hundred
dollars ($100) must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
Post Office Box 4062
Boston, MA 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or
granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal
agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
18
authority. The Department may waive the adjudicatory-hearing filing fee pursuant to 310 CMR
4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A
person seeking a waiver must file an affidavit setting forth the facts believed to support the claim
of undue financial hardship together with the hearing request as provided above.
If you have further questions in regards to this Certification, please contact David Foulis at 1-
413-755-2154.
Sincerely,
Bethany Card
Deputy Commissioner
MassDEP
W:/TGPL X256051 WQC-r2.docx
Certified Mail #7015 1660 0000 9069 4824, return receipt requested.
Mark Gardella, AECOM

mark.gardella@aecom.com
Dennis Lowry, AECOM

dennis.lowry@aecom.com
Cori Rose, U.S. Army Corps of Engineers

Cori.M.Rose@usace.army.mil
Sandisfield Conservation Commission

clare92@verizon.net
Agawam Conservation Commission

pkerr@agawam.ma.us
Emily Stockman, Stockman Associates

emily@stockmanassociates.com
Nancy Putnam, MassDCR

nancy.putnam@state.ma.us
Jane Winn, Berkshire Environmental Action Team

jane@thebeatnews.org
Thelma Esteves
thelma.esteves@verizon.net
Susan Baxter
sbaxter@new.rr.com
19
Hilde Weisert
hildeweisert@gmail.com
20
TABNO.10
CONNECTICUTDEPARTMENTOFENERGYANDENVIRONMENTALPROTECTION

CP14529000

TABNO.11
CONNECTICUTDEPARTMENTOFENERGYANDENVIRONMENTALPROTECTION
STATEPOLLUTANTDISCHARGEELIMINATIONSYSTEMAUTHORIZATION

CP14529000

Connecticut Department of
ENERGY &
ENVIRONMENTAL
PROTECTION
79 Elm Street Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer
Bureau of Materials Management and Compliance Assurance
Notice of Permit Authorization
March, 23 2017
Brian Benito
TENNESSEE GAS PIPELINE COMPANY, L.L.C.
8 ANNGINA DR
ENFIELD, CT 06082
Subject: General Permit Registration for the Discharge of Stormwater and Dewatering
Wastewaters from Construction Activities
Application NO.: 201615743
Brian Benito:
The Department of Energy and Environmental Protection, Water Permitting and Enforcement
Division of the Bureau of Materials Management and Compliance Assurance, has completed the
review of the Connecticut Expansion Project (located at Multiple, Suffield and East Granby)
registration for the General Permit for the Discharge of Stormwater and Dewatering
Wastewaters from Construction Activities, effective 10/1/13 (general permit) . The project is
compliant with the requirements of the general permit and the discharge(s) associated with this
project is (are) authorized to commence as of the date of this letter. Permit No. GSN003120 has
been assigned to authorize the stormwater discharge(s) from this project.
Questions can be emailed to deep.stormwater@ct.gov.

TABNO.12
NEWYORKDEPARTMENTOFENVIRONMENTALCONSERVATION
STATEPOLLUTANTDISCHARGEELIMINATIONSYSTEMAUTHORIZATION

CP14529000

ATTACHMENTB
CONSTRUCTIONSCHEDULE
CP14529000

ID Task TaskName Duration Start Finish

Mode 2017
1stQuarter 2ndQuarter 3rdQuarter 4thQuarter
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
1 FERCCertificate 1day Fri3/11/16 Fri3/11/16
2 Acceptance 0days Wed3/16/16 Wed3/16/16
3 Env.Training& 2days Tue3/7/17 Wed3/8/17

PreconstructionMeetings
4 Preconstruction 35days Mon2/27/17 Fri4/14/17
Inspections/Surveys
5 TreeClearing 31days Mon4/17/17 Sat5/27/17
6 PipeYard/AccessRd 30days Thu4/20/17 Wed5/31/17

Construction
7 PipeDelivery 30days Mon5/15/17 Fri6/23/17
8 MainlineConstruction 122days Mon5/15/17 Tue10/31/17
9 Inservice 1day Wed11/1/17 Wed11/1/17
10 Demobilization 4days Thu11/2/17 Tue11/7/17
Task ExternalMilestone ManualSummaryRollup

Split InactiveTask ManualSummary
Project:CTexpGanntchartjmfrev Milestone InactiveMilestone Startonly
Date:Thu4/6/17
Summary InactiveSummary Finishonly
ProjectSummary ManualTask Deadline
ExternalTasks Durationonly Progress
Page1
Document Content(s)
CT Expansion_NTP Request_Full Construction (4-6-17)Final.PDF..........1-2
Attachment A_Permits_Combined.PDF.....................................3-218
Attachment B_Schedule.PDF.............................................219-220

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20170406-5696 FERC PDF (Unofficial) 4/6/2017 4:26:40 PM

Ms. Kimberly D. Bose, Secretary

Re: Tennessee Gas Pipeline Company, L.L.C., Docket No. CP14-529-000

Dear Ms. Bose:

Federal Energy Regulatory Commission

TENNESSEE GAS PIPELINE COMPANY, L.L.C.

By: /s/ Mosby Perrow

cc: Elaine Baum (Commission Staff)

FEDERAL PERMITS AND CONSULTATIONS REQUIRED FOR CONSTRUCTION

FEDERAL PERMITS AND CONSULTATIONS REQUIRED FOR CONSTRUCTION

FEDERAL PERMITS AND CONSULTATIONS REQUIRED FOR CONSTRUCTION

Clearance for Site

September 2015 Clearance for Pipeyards

FEDERAL PERMITS AND CONSULTATIONS REQUIRED FOR CONSTRUCTION

United States Department of the Interior

New England Field Office

REF: Connecticut Expansion Project August 12, 2016

Ms. Shannon Jones

Dear Ms. Jones:

Ms. Shannon Jones 2

DESCRIPTION OF THE PROPOSED ACTION

marking the corridor;

Ms. Shannon Jones 3

Ms. Shannon Jones 4

Conservation measures to reduce impacts to dwarf wedgemussels

Ms. Shannon Jones 5

ANALYTICAL FRAMEWORK FOR THE JEOPARDY DETERMINATION

Ms. Shannon Jones 6

STATUS OF THE SPECIES

The dwarf wedgemussel is considered to be a long-term brooder. In general, dwarf wedgemussel

Ms. Shannon Jones 7

Ms. Shannon Jones 8

Siltation, generated by road construction, agriculture, forestry act1v1t1es, and removal of

Ms. Shannon Jones 9

Ms. Shannon Jones 10

Incidental Take Project

Ms. Shannon Jones 11

Rangewide Status and Recovery Objective

Based on preliminary information, the dwarf wedgemussel is currently found in 15 major

Table 2. Dwarf wedgemussel major drainages. 1

Ms. Shannon Jones 12

Main stem Connecticut River (NHNT)

Ms. Shannon Jones 13

1. At least I 0 of the rivers/creeks in the preceding criterion must support a widely

Existing Conditions in the Action Area

Ms. Shannon Jones 14

Status of the Species in the Action Area

EFFECTS OF THE ACTION

Ms. Shannon Jones 15

Ms. Shannon Jones 16

Effects on Recovery of the DwarfWedgemussel

Ms. Shannon Jones 17

1. The dwarf wedgemussel population is intermittently distributed throughout the

Ms. Shannon Jones 18

INCIDENTAL TAKE STATEMENT

Amount or Extent oflncidental Take Anticipated

Ms. Shannon Jones 19

REASONABLE AND PRUDENT MEASURES

Ms. Shannon Jones 20

1. Siltation or contamination of Muddy Brook and Stony Brook must be avoided or

TERMS AND CONDITIONS

1. Siltation and/or contamination control measures:

a. ensure that all conservation measures described in the project proposal