Sec. 900-2.13. Exhibit 12: NYS threatened or endangered species

Exhibit 12 shall contain:

(a) A wildlife site characterization report prepared pursuant to section 900-1.3(g)(1) of this Part.

(b) Any reports detailing the results of pre-application survey(s).

(c) A copy of the office’s determination pursuant to section 900-1.3(g)(7) of this Part as to the existence of occupied habitat at the facility site.

(d) If the office determined that there is confirmed or presumed occupied habitat at the site, an identification and evaluation of avoidance and minimization measures incorporated into the facility design, as well as any unavoidable potential impacts to NYS threatened or endangered species or species of special concern. Adverse impacts shall be summarized by species impacted and include an assessment of the acreage and/or an estimate number of individual members of each such species affected.

(e) For a facility to be determined to have only de minimis impacts to NYS threatened or endangered grassland birds or their habitat, the applicant shall submit a demonstration that the facility has been designed to meet one or more of the following criteria, as applicable:

(1) the facility has been designed such that the only impacts would be to occupied habitat identified based on records greater than five years old from the time of the wildlife site characterization report, but for which the applicant conducted appropriate surveys as approved by the office that demonstrate that the species is not present at the facility site; or

(2) construction of the facility within each mapped area of listed bird occupied habitat (based on the documented area of species’ use prior to addition of buffers) will only impact grasslands less than 25 acres in size and will not include a recent (i.e., less than 5 years) confirmed nesting or roosting location; or

(3) the facility has been designed such that the only impacts would be to occupied habitat identified for NYS threatened or endangered species for which the NYSDEC has issued a notice of adoption of regulations delisting or downlisting to special concern.

(f) For a facility that would adversely impact any NYS threatened or endangered species or their habitat, a copy of a Net Conservation Benefit Plan prepared in compliance with section 900-6.4(o) of this Part.