NEW YORK STATE DEPARTMENT OF STATE

COASTAL MANAGEMENT PROGRAM

Federal Consistency Assessment Form

An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which

is subject to the New York State Coastal Management Program (CMP), shall complete this assessment form for any

proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to

assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by

U.S. Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal

application is prepared. The Department of State will use the completed form and accompanying information in its

review of the applicant's certification of consistency.

A. APPLICANT (please print)

1. Name: _____________________________________________________________________________________

2. Address: ___________________________________________________________________________________

3. Telephone: Area Code ( ) __________________________________________________________________

B. PROPOSED ACTIVITY:

1. Brief description of activity:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

2. Purpose of activity:

______________________________________________________________________________________

______________________________________________________________________________________

3. Location of activity:

______________________ __________________________ __________________________

County City, Town, or Village Street or Site Description

4. Type of federal permit/license required: ______________________________________________________

5. Federal application number, if known: _______________________________________________________

6. If a state permit/license was issued or is required for the proposed activity, identify the state agency and

provide the application or permit number, if known:

______________________________________________________________________________________

C. COASTAL ASSESSMENT Check either "YES" or "NO" for each of these questions. The numbers following

each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected

by the proposed activity.

1. Will the proposed activity result in any of the following: YES/NO

a. Large physical change to a site within the coastal area which will require the preparation of an

environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) __ __

b. Physical alteration of more than two acres of land along the shoreline, land under water or

coastal waters? (2, 11, 12, 20, 28, 35, 44) __ __

c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1) __ __

d. Reduction of existing or potential public access to or along coastal waters? (19, 20) __ __

e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10) __ __

f. Siting of a facility essential to the exploration, development and production of energy

resources in coastal waters or on the Outer Continental Shelf? (29) __ __

g. Siting of a facility essential to the generation or transmission of energy? (27) __ __

h. Mining, excavation, or dredging activities, or the placement of dredged or fill material in

coastal waters? (15, 35) __ __

i. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (8, 15, 35) __ __

j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) __ __

k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39) __ __

l. Adverse effect upon land or water uses within the State's small harbors? (4) __ __

2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: YES/NO

a. State designated freshwater or tidal wetland? (44) __ __

b. Federally designated flood and/or state designated erosion hazard area? (11, 12, 17) __ __

c. State designated significant fish and/or wildlife habitat? (7) __ __

d. State designated significant scenic resource or area? (24) __ __

e. State designated important agricultural lands? (26) __ __

f. Beach, dune or Barrier Island? (12) __ __

g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) __ __

h. State, county, or local park? (19, 20) __ __

i. Historic resource listed on the National or State Register of Historic Places? (23) __ __

3. Will the proposed activity require any of the following: YES/NO

a. Waterfront site? (2, 21, 22) __ __

b. Provision of new public services or infrastructure in undeveloped or sparsely populated

sections of the coastal area? (5) __ __

c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) __ __

d. State water quality permit or certification? (30, 38, 40) __ __

e. State air quality permit or certification? (41, 43) __ __

4. Will the proposed activity occur within and/or affect an area covered by a State-approved local

waterfront revitalization program, or State-approved regional coastal management program? __ __

(see policies in program document*)

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Chittenden Falls Hydropower Project Consistency Review Narrative

The Chittenden Falls Hydropower Project (Project) is located on Kinderhook Creek near the Town of Stockport in eastern New York’s Columbia County. Kinderhook Creek is part of the Stockport-Kinderhook Creek Watershed, one of the larger tributary watersheds of the Lower Hudson River Basin, and includes approximately 1,077 miles of stream habitat (New York DEC 2008). Kinderhook Creek covers an area of approximately 330 square miles and originates in the Taconic Mountain Range on the eastern border of New York State, and flows in a southwesterly direction from its origin to its confluence with the Hudson River (Figure 1). The Project is an existing FFFF kw hydropower facility which has been operating continuously since 1983. The Project is located about 3 miles upstream from the Hudson River confluence. The Chittenden Falls dam is constructed on top of an approximately 28-foot-high natural rock ledge (Rossman or Chittenden Falls). Approximately 1.2 miles downstream of the Project, the Kinderhook Creek joins the Claverack Creek to form the Stockport Creek. The Stockport creek is approximately 2.0 miles in total length and discharges into the Hudson River. Approximately 2.3 miles upstream of the Project is the Stuyvesant hydroelectric project (FERC No. 2696) which received a new FERC license in April 2013 (FERC 2012). The general location and configuration of the Project are illustrated in Figure 1 through Figure 4. Attached is a copy of the Federal Energy Regulatory Commission (FERC) Final License Application as well as subsequent filings and agency consultations.

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Figure 1. Project Location Overview

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Figure 2. Political Boundaries

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Figure 3. Aerial View Project Including Rivers and Streams

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Figure 4. Overview of Features Regulatory Overview On May 31, 2019 CFHI filed a Final License Application (FLA) for a subsequent license form the Federal Energy Regulatory Commission (FERC). On February 21, 2020 the FERC issued a Notice of Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions and Prescriptions in support of the ongoing relicensing process. In accordance with 18 CFR §4.34(b)(5), CFHI is required to file a

CHITTENDEN FALLS HYDROELECTRIC

PROJECT

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request for a Section 401 Water Quality Certification with the New York State Department of Environmental Conservation (NYDEC) within 60 days of this notice. The 401 WQC application was filed with NYDEC on March 6, 2020. Under section 307 (c)(3)(A) of the Coastal Zone Management Act (CZMA), 16 U.S.C. §1456(3)(A), the FERC cannot issue a license for a project within or affecting a state’s coastal zone unless the Coastal Zone Management Agency concurs with the applicant’s certification of consistency with the state’s CZMA program. In accordance with the CZMA, CFHI is submitting this consistency review to the New York Department of State, which administers New York’s CZMA program. A review of State GIS information was completed and a portion of the Chittenden Falls Hydroelectric Project is located in the New York State Coastal Waterways Zone. See Figure 5 and Figure 6.

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Figure 5. Overview of Chittenden Falls Hydropower Project relative to the Coastal Waterways Zone

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Figure 6. Detail View of Chittenden Falls Hydropower Project relative to the Coastal Waterways Zone

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Coastal Policy Review In accordance with the Federal Consistency Assessment Form, the following narrative relates the existing hydroelectric project to the State of New York’s policies on coastal management. Included is a discussion of the effects of the continuation of hydropower generation and how the activity is consistent with each affected policy. The policies have been included below in the order that they appear in the Federal Consistency Assessment Form. Policy 29: The development of offshore uses and resources, including renewable energy resources, shall accommodate New York’s long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is not located within offshore waters. Although the Project is located in the upper reaches of the coastal zone management area, it is understood that it could potentially affect offshore waters due to the interconnected nature of waterways. It is also understood that New York seeks to accommodate longstanding offshore industries, such as commercial and recreational fishing and maritime commerce while ensuring the ecological functioning of habitats important to New York. CHFI has completed several years of site-specific environmental studies and consultations with Federal and State Resource Agencies (Agencies). As part of this, the environmental resources at the Chittenden Falls Hydroelectric Project have been evaluated and protection, mitigation and enhancement (PM&E) measures identified to ensure continued operation of the Project has minimal environmental impact. As part of this analysis, it was identified that there is an American eel presence in the Kinderhook Creek and in the vicinity of the Project. American eel are a catadromous species, meaning that they migrateto fresh water for rearing and only enter the Atlantic Ocean for spawning in the Sargasso Sea. American eel are an important part of the habitat along the Atlantic coast including small tributaries to the Hudson River such as the Kinderhook Creek. As a condition of the relicensing process, CFHI is proposing to install upstream and downstream eel passage at the Project. Site studies and consultations with resource Agencies determined that the 30 ft natural Chittenden falls waterfall is a natural barrier to other migratory fish species and fish passage for species other than American eel is not required. CFHI completed a water quality study of the bypass reach including the collection of dissolved oxygen and temperature data as well as a bypass habitat survey. As a result of these studies, and in consultation with Agencies, it has been proposed that that bypass flow is increased by 66% to ensure adequate water flows to protect any fish or aquatic species within the bypass reach.

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CFHI, in consultation with Agencies, will be providing an overall environmental benefit at the Chittenden Falls Project as part of the FERC relicensing process. Continued operation of the Project, as proposed, is consistent with CZMA Policy 29. Policy 27: Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited and existing. Per its basic technical features, a hydropower project must be located at a waterfront location as it is harnessing the energy of flowing water. The Project produces renewable, carbon-free energy and is consistent with state renewable energy policies. Hydroelectric generation is a key part of the electrical infrastructure as it can provide ancillary benefits such as firm power (when sufficient river flows are available) and frequency regulation, which many other renewable energy sources cannot. Continued operation of the Project, as proposed, is consistent with CZMA Policy 27. Policy 44: Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is not located at or near any tidal wetlands but it is located within freshwater wetlands. As part of the FERC relicensing process, CFHI has completed approximately four years of site-specific environmental studies and consultations with Agencies to ensure adequate protection of environmental resources. The FERC relicensing documents including consultation can be found in Attachment 1. Table 1 includes a summary of benefits of wetland preservation and a statement of Project Impact. Table 1. Summary of Wetland Preservation Benefits and Description of Potential Project Impacts

Benefit Project Impact Description Habitat for wildlife and fish, including a substantial portion of the State’s commercial fin and shellfish varieties, and contribution to associated aquatic food chains.

The Project will have no impact on commercial fin or shellfish varieties. Upstream and downstream American Eel passage and protection will be installed as

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part of FERC relicensing. Bypass flows will be increased by 66%

Erosion, flood and storm control No Impact. Natural pollution treatment No impact. Groundwater protection No impact. Recreational opportunities No impact. Educational and scientific opportunities No impact. Aesthetic open space in many otherwise densely developed areas

The Project is not located in an otherwise densely developed area.

Continued operation of the Project, as proposed, is consistent with CZMA Policy 44. Policy 11: Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited. Per its basic technical features, a hydropower project must be located in the floodplain as it harnesses the energy of flowing water. The Project has been operating in its current configuration of civil structures and under its current FERC license since 1981. CHFI is not aware of any property damage, endangering of human lives or erosion resulting from the project during its operational history. Continued operation of the Project, as proposed, is consistent with CZMA Policy 11. Policy 12: Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The project is already sited. Per its basic technical features, a hydropower project must be located at a waterfront location as it is harnessing the energy of flowing water. The Project site does not include any ocean related beaches, dunes, barrier islands or bluffs. The Project does not propose any excavation or other disturbance of coastal features. Continued operation of the Project, as proposed, is consistent with CZMA Policy 12. Policy 17: Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible.

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The Project has been generating and existing sinse 1981, the natural cascade utilized by the Project has been in existence for thousands of years; there are no plans for construction or alteration of these features associated with the continued operation of the Project. Policy 17 applies to the planning, siting and design of proposed activities and development. The Chittenden Falls Hydropower Project is proposing continued operation which does not include any new development or construction. Continued operation of the Project, as proposed, is consistent with CZMA Policy 17. Policy 7: Significant coastal fish and wildlife habitats will be protected, preserved, and where practical, restored so as to maintain their viability as habitats. Policy 7 focuses on the protection of key fish and wildlife habitat. Table 2 summarizes the range of generic activities most likely to affect significant coastal fish and wildlife habitats and their status relative to the Project. This list is taken from Policy 7. Table 2. Summary Generic Activities and their status relative to the Project.

Activity Status Draining wetlands, ponds Not Proposed Filling wetlands, shallow areas of streams, lakes, bays, estuaries

Not Proposed

Grading land Not Proposed Clear Cutting Not Proposed Dredging or excavation Not Proposed Dredge spoil disposal Not Proposed Physical alteration of shore areas through channelization or construction of shore structure

Not Proposed

Introduction, storage or disposal of pollutants such as chemical, petrochemical, solid waste, nuclear waste, toxic material, pesticide, sewage effluent, urban and rural runoff, leachate of hazardous and toxic substances stored in landfills.

Not Proposed

The Project has been generating and existing sinse 1981, the natural cascade utilized by the Project has been in existence for thousands of years; there are no plans for construction or alteration of these features associated with the continued operation of the Project. CHFI has completed several years of site-specific environmental studies and consultations with Federal and State Resource Agencies (Agencies). As part of this, the environmental resources at the Chittenden Falls Hydroelectric Project have been evaluated and protection, mitigation and

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enhancement (PM&E) measures identified to ensure continued operation of the Project has minimal environmental impact. As part of this analysis, it was identified that there is an American eel presence in the Kinderhook Creek and in the vicinity of the Project. American eel are a catadromous species, meaning that they migrate to fresh water for rearing and only enter the Atlantic Ocean for spawning in the Sargasso Sea. American eel are an important part of the habitat along the Atlantic coast including small tributaries to the Hudson River such as the Kinderhook Creek. As a condition of the relicensing process, CFHI is proposing to install upstream and downstream eel passage at the Project. Site studies and consultations with resource Agencies determined that the 30 ft natural Chittenden falls waterfall is a natural barrier to other migratory fish species and fish passage for species other than American eel is not required. CFHI completed a water quality study of the bypass reach including the collection of dissolved oxygen and temperature data as well as a bypass habitat survey. As a result of these studies, and in consultation with Agencies, it has been proposed that that bypass flow is increased by 66% to ensure adequate water flows to protect any fish or aquatic species within the bypass reach. CFHI, in consultation with Agencies, will be providing an overall environmental benefit at the Chittenden Falls Project as part of the FERC relicensing process. Continued operation of the Project, as proposed, is consistent with CZMA Policy 7. Policy 2: Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. Policy 2 focuses on ensuring that the finite amount of waterfront space located within the State of New York is adequately allocated to “water dependent” uses. A water dependent activity is an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Policy 2 includes a list of “water dependent” activities with item number 7 including hydroelectric power plants. Continued operation of the Project, as proposed, is consistent with CZMA Policy 2. Policy 21: Water dependent and water enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related uses along the coast. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited and existing. The Project is a water dependent use as discussed under Policy 7. As part of the FERC relicensing process, recreational resources were evaluated. A majority of the lands around the reservoir are privately owned. Within the project

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boundary, safe access for recreational purposes is not available. CFHI does not own or control any lands beyond what is needed for power generation. Continued operation of the Project, as proposed, is consistent with CZMA Policy 21. Policy 22: Development when located adjacent to the shore will provide for water-related recreation whenever such use is compatible with reasonably anticipated demand for such activities, and is compatible with the primary purpose of the development. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited and existing. The Project is a water dependent use as discussed under Policy 7. As part of the FERC relicensing process, recreational resources were evaluated. A majority of the lands around the reservoir are privately owned. Within the project boundary, safe access for recreational purposes is not available. CFHI does not own or control any lands beyond what is needed for power generation. Continued operation of the Project, as proposed, is consistent with CZMA Policy 22. Policy 30: Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water quality standards. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited and existing. The hydropower generation does not include any end of pipe discharges or runoff, leaching, spillages, sludge or other waste disposal and drainage from raw material storage sites. Hydropower generation does not include the use or discharge of any toxic or hazardous substances. Continued operation of the Project, as proposed, is consistent with CZMA Policy 30. Policy 38: The quality and quantity of surface water and groundwater supplies, will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited and existing. The project is a non-consumptive use of water with inflow to the turbine immediately equaling outflow. There are no known public water supply sources within the project boundary. CFHI is proposing to increase the environmental bypass flow by 66% to protect and enhance aquatic habitat in the Project’s bypass reach. The Project does not have an effect on water quality or quantity of surface or groundwater supply.

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Continued operation of the Project, as proposed, is consistent with CZMA Policy 38. Policy 40: Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to state water quality standards. The Chittenden Falls Hydroelectric Project is a pre-existing project with no plans for new development. The Project is already sited and existing. Hydroelectric power generation does not utilize thermal or steam energy. Hydroelectric power generation does not discharge effluent into coastal waters. Continued operation of the Project, as proposed, is consistent with CZMA Policy 40.

ATTACHMENT 1 – FERC LICENSE APPLICATION AND SUPPORTING INFORMATION