HomeMy WebLinkAboutDEC response south side S. Main 7-5028-00107
April 23, 2024
Mark Baxendell
Town of Groton Town Board
101 Conger Blvd
PO Box 36
Groton, New York 13073
RE: NY Groton II, LLC Solar Project
DEC Facility ID#: 7-5028-00107
Town of Groton, Tompkins County
SEQR Lead Agency Coordination Response Letter
Dear Mr. Baxendell:
The New York State Department of Environmental Conservation (DEC) has reviewed the Town of Groton
Town Board’s Notice of Intent to serve as SEQR Lead Agency, submitted on their behalf by Delaware
River Solar, for the above referenced project. According to the provided materials, the project consists of
the installation of a 4.0 MW AC ground mounted solar facility, which includes the construction of a gravel
access road, installation of an eight (8) foot high deer fence, and the addition of electric utility lines in the
Town of Groton, Tompkins County.
Based upon the review of your inquiry, DEC has the following comments:
PROTECTION OF WATERS
There is a class C non-navigable stream (NYS Water Index #: ONT 66-12-43-P) located within the project
area. Please be aware that this waterbody is not considered a “protected stream”, therefore, an Article 15
Protection of Waters Permit is not required for the proposal. Although a Protection of Waters Permit is not
required, if the US Army Corps of Engineers requires a permit pursuant to Section 404 of the Clean Water
Act for the discharge to fill in Waters of the U.S., then a Section 401 Water Quality Certification will be
required. Issuance of these certifications is delegated in New York State to DEC. If the project qualifies
for a Nationwide Permit, it may be eligible for coverage under DEC’s Blanket Water Quality Certification.
A determination on Corps jurisdiction and Nationwide Permit eligibility is likely necessary for a DEC
jurisdictional determination. For more information, please visit: Protection of Waters Program - NYSDEC.
To qualify for the Blanket Water Quality Certification and to meet typical DEC Standards for culvert
installations, DEC recommends that the plans be developed to be consistent with DEC’s stream crossing
guidelines, including a crossing width of 1.25 times the width of the stream at the Mean High Water Level.
More information regarding stream crossing standards can be found here: Stream Crossings - NYSDEC.
If a permit is not required, the project sponsor, however, is still responsible for ensuring that work shall not
pollute any stream or waterbody. Care shall be taken to stabilize any disturbed areas promptly after
construction, and all necessary precautions shall be taken to prevent contamination of the stream by silt,
sediment, fuels, solvents, lubricants, or any other pollutant associated with the project.
RE: NY Groton II, LLC Date: 4/23/2024
DEC Facility ID#: 7-5028-00107
Town of Groton, Tompkins County
SEQR Lead Agency Coordination Response Letter
Page 2 of 2
FRESHWATER WETLANDS
The project site is not located near or within the regulated area of a NYS Freshwater Wetland, therefore,
a Freshwater Wetlands Permit is not required. Please note, however, the project sponsor should contact
town officials and the United States Army Corps of Engineers (USACE) Auburn Field Office, at (315) 255-
8090 for any permitting they might require.
STATE-LISTED SPECIES
No records of sensitive resources were identified by this review. The absence of data does not necessarily
mean that rare or state-listed species, natural communities or other significant habitats do not exist on or
adjacent to the proposed site. Rather, our files currently do not contain information which indicates their
presence. For most sites, comprehensive field surveys have not been conducted. We cannot provide a
definitive statement on the presence or absence of all rare or state-listed species or significant natural
communities. Depending on the nature of the project and the conditions at the project site, further
information from on-site surveys or other sources may be required to fully assess impacts on biological
resources.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
Soil disturbances of one or more acres of land from construction activities must obtain permit coverage
under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activities (GP-
0-20-001) by submitting a Notice of Intent and developing & implementing a Stormwater Pollution
Prevention Plan. For further information please consult with Brian Hall in DEC’s Division of Water at (315)
479-3430 or review the NYSDEC Stormwater webpage. Additionally, please see the attached solar panel
stormwater permitting guidance document. If the project does not meet ALL criteria for Scenario 1,
including alignment of solar panels along the contour, the SWPPP must address post-construction
stormwater practices designed in accordance with the sizing criteria identified in the New York State
Stormwater Management Design Manual.
In addition to transmitting the above comments, this letter also serves to confirm that we have no objection
to your board/agency assuming lead agency status for this project. Additionally, by copy of this letter, the
Department is notifying the project sponsor of any potential permitting required for this project.
Please contact this office if you have questions regarding the above information. Thank you.
Sincerely,
Melanie Kukko
Environmental Analyst
Division of Environmental Permits, Region 7
Telephone No. (315) 426-7482
cc: USACE
J. Stercho, R7 DEP
B. Hall, R7 DOW
M. Messenger, Delaware River Solar