Sec. 1001.23. Exhibit 23: water resources and aquatic ecology

Exhibit 23 shall contain the following with regard to:

(a) Groundwater:

(1) Hydrologic information reporting depths to high groundwater and bedrock, including a site map showing depth to high groundwater and bedrock in increments appropriate for the facility site.

(2) A map based on publicly available information showing all areas within the study area delineating all groundwater aquifers and groundwater recharge areas, and identifying groundwater flow direction, groundwater quality, and the location, depth, yield and use of all public and private groundwater wells or other points of extraction of groundwater, and including delineation of well head and aquifer protection zones.

(3) An analysis and evaluation of potential impacts (during normal and drought conditions) from the construction and/or operation of the facility on drinking water supplies, groundwater quality and quantity in the facility area, including potential impacts on public and private water supplies, including private wells within a one mile radius of the facility site, and wellhead and aquifer protection zones.

(b) Surface water:

(1) A map and identification of all surface waters, including intermittent streams, within the study area.

(2) A description of the New York State listed water classification and standards physical water quality parameters, flow, biological aquatic resource characteristics (including species, habitat, and presence of aquatic invasive species) and other characteristics of such surface waters, including intermittent streams, within the study area.

(3) An identification of any downstream surface water drinking-water supply intakes within one mile, or if none within one mile, an identification of the nearest one (giving location of the intakes by longitude and latitude) that could potentially be affected by the facility or interconnections, including characterization of the type, nature, and extent of service provided from the identified source.

(4) An analysis of the impact of the construction and operation of the facility and interconnections on such surface waters, including impacts to drinking water supplies, and an identification and evaluation of reasonable avoidance measures and, where impacts are unavoidable, mitigation measures regarding impacts on such surface waters, including the precautions that will be taken to avoid or minimize dredging.

(5) An identification and evaluation of reasonable avoidance measures, and where impacts are unavoidable, mitigation measures, including the use of water storage, stormwater reuse, and offsetting water conservation, regarding groundwater impacts.

(c) Stormwater:

(1) A Stormwater Pollution Prevention Plan (SWPPP) for the collection and management of stormwater discharges from the project prepared in accordance with the applicable SPDES General Permit for Stormwater Discharges from Construction Activity (SPDES General Permit) and the most current version of the New York State Standards and Specifications for Erosion and Sediment Control. If the project is not eligible for coverage under the SPDES General Permit, a completed application for a State Pollutant Discharge Elimination System (SPDES) Permit for the collection and management of stormwater discharges from the project.

(2) To the extent not covered in paragraph (1) of this subdivision, a preliminary plan, prepared in accordance with the most current version of the New York State Standards and Specifications for Erosion and Sediment Control, that identifies the post construction erosion and sediment practices that will be used to manage stormwater runoff from the developed project site. This can include runoff reduction/green infrastructure practices, water quality treatment practices, and practices that control the volume and rate of runoff.

(d) Chemical and petroleum bulk storage:

(1) A description of the spill prevention and control measures to be in place for ammonia storage, fuel oil storage, wastewater storage, and other chemical, petroleum or hazardous substances stored on site, including an evaluation of alternatives and mitigation measures.

(2) An identification whether the storage of ammonia, fuel oil, wastewater, other chemicals, petroleum or hazardous substances, or disposal of solid wastes on site is subject to regulation under the State of New York's chemical and petroleum bulk storage programs, and if so, a demonstration of compliance with such regulations.

(3) An identification whether the storage of ammonia, fuel oil, wastewater, other chemicals, petroleum or hazardous substances on site is subject to regulation under local law (county, city, town or village), and if so, a demonstration of the degree of compliance with such local laws.

(e) Aquatic species and invasive species:

(1) An analysis of the impact of the construction and operation of the facility on biological aquatic resources, including species listed as endangered, threatened, or species of special concern in 6 NYCRR Part 182, and including the potential for introducing and/or spreading invasive species.

(2) An identification and evaluation of reasonable avoidance measures and, where impacts are unavoidable, mitigation measures regarding impacts on such biological aquatic resources, including species and invasive species impacts (if any) and assure compliance with applicable water quality standards (6 NYCRR Part 703).

(f) Cooling water:

(1) a description of the proposed cooling water system, including the selected cooling technology, the source of cooling water, the cooling water intake structure location and design, the daily maximum cooling water design flow and all the anticipated construction and operational costs of the cooling water system;

(2) a description of the volume and location of the cooling water discharge, the anticipated maximum discharge temperature and maximum delta T, and a description of the anticipated thermal plume;

(3) a description of the practices that will be employed to avoid pathogen growth (including legionella), an assessment of whether such practices conform to recommendations of the Cooling Tower Institute, and the identification of any potential biocides to be used in the cooling water system;

(4) a description of the taxonomic identification and life history information of all species and life stages of fish and shellfish potentially susceptible to impingement and entrainment by the proposed cooling water intake structure including the estimated number of all species and life stages to be impinged and entrained; and

(5) an identification and evaluation of mitigation measures taken to minimize adverse environmental impacts to aquatic life as a result of the location, design, construction, and capacity of the cooling water intake structure.