HomeMy WebLinkAbout30 Response to TDE Comments ENVIRONMENTAL DESIGN
Oct)
PARTNERSHIP, LLP. 900 Route 146 Clifton Park,NY 12065
(P)518.371.7621 edpllp.com
July 10, 2026
Nathaniel Rogers
Planning Director
Town of Lansing
29 Auburn Road
Lansing, NY 14568
Regarding: Jerry Smith Road Battery Energy Storage System (BESS)
339 Jerry Smith Road -Tax Map Parcel: 16-1-10.1
Preliminary/Final site Plan and Special Use Permit Review
MRB Group Project No. 1207.25000.000 PH 012 Comments &
T.G. Miller, P.C. Comments
Dear Mr. Rogers:
In response to the MRB Group Comment letter dated June 22, 2026, and T.G. Miller, P.C. comment
letter dated June 19, 2026, please find the following requested information compiled to address the
comments provided.
MRB Group Comment Letter Dated June 22, 2026
SEQR Comments
1. Per the NY State Environmental Quality Review Act (SEAR), the proposed project is an
Unlisted Action and will entail a coordinated review with involved and interested agencies.
Response: Noted
2. The applicant submitted both a Full Environmental Assessment Form (FEAF) and a
Short Environmental Assessment Form (SEAF) with the application. We note that the
submitted FEAF is substantially incomplete, with numerous sections left unanswered
or inadequately addressed. Given the scope and scale of the proposed project, a
complete FEAF will be required as part of the next submission to facilitate a thorough
SEQR review.
Response: The completed FEAF is included in the 7/10/26 Town submission.
3. The EAF Mapper Summary Report identified the presence of Federal Wetlands and
Informational Freshwater Wetlands on or near the project site. Based on the materials
submitted, it does not appear that the proposed development area will directly impact
these resources. However, the Existing Conditions Plan should clearly delineate and
label all jurisdictional wetlands, wetland buffers (if applicable), and other significant
natural features to verify that impacts are avoided and to facilitate agency review.
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Response: The Existing Conditions plan outlines all significant natural features.
4. The applicant should coordinate with the New York State Historic Preservation Office
(SHPO) to determine whether any historic or cultural resources may be affected by the
proposed development. Copies of all correspondence, determinations, and related
documentation from SHPO should be provided to the Town and MRB Group for review
and inclusion in the project file.
Response: Documents from SHPO are included in 7/10/26 Town submission.
Special Use Permit Comments
5. Pursuant to Town Code Section 270-35(T)(1)(d), the Site Plans shall identify the
location and nature of all proposed utility easements and associated infrastructure. If
this information cannot be adequately depicted on the Site Plans, a separate Utility
Plan should be provided showing the location, dimensions, and details of all proposed
utility installations and easements.
Response: Final utility easement boundaries will be established once a final site layout is
achieved. C-300 has been updated to show a "blow-up" of the utility infrastructure
proposed.
6. Pursuant to Town Code Section 270-35(T)(1)(e), the Existing Conditions and Site Plans
shall identify and depict all areas of potential environmental sensitivity located on or
adjacent to the project site. Such features include, but are not limited to, unique natural
areas, slopes exceeding 10%, floodplains, historic resources, airports, government-owned
lands, conservation easements, trails, parkland, prime agricultural soils, and jurisdictional
wetland delineations. The applicant should revise the Site Plans accordingly to
demonstrate compliance with this requirement.
Response: The Existing Conditions plan shows potentially environmentally sensitive
locations around the site.
7. Pursuant to Town Code Section 270-35(T)(1)(f), the Site Plan shall include specification
sheets and construction details for all proposed BESS components. We acknowledge
that the applicant has submitted separate specification sheets for the proposed Tesla
Megapack battery system. However, the Site Plan should be revised to incorporate
applicable component details and references necessary to clearly identify and document
the proposed BESS infrastructure with the plan set.
Response: Sheet C-602 has been included in the Plan Set to show specifications of signage
and some of the proposed electrical equipment. Note: Some of the specific equipment has
not been determined by applicant. When selected, said equipment specifications will be
added to the Plan Set.
8. Pursuant to Town Code Section 270-35(T)(2)(c), the applicant shall demonstrate that the
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proposed BESS facility complies with all applicable federal and state laws, regulations
and agency requirements. Supporting documentation shall be provided for review.
Response: Comment noted. The Applicant will provide the Town copies of agency
correspondence. Please specify what additional documentation is to be provided to
demonstrate compliance.
9. Pursuant to Town Code Section 270-35(T)(5), the Site Plan shall include all required
signage. The Site Plan should be revised to identify the location and provide details of
all proposed signage.
Response: Signage details have been included on Sheet C-602.
10. Pursuant to Town Code Section 270-35(T)(4), all on-site utility lines shall be placed
underground to the extent feasible, except for the main service connection and approved
interconnection facilities. The Site Plan depicts six (6) utility poles at the point of
interconnection, with the remaining lines proposed to be trenched to the transformer pad;
however, this configuration should be re-evaluated, as the proposed trench within the
vegetated swale may create maintenance conflicts and should be addressed or revised
accordingly.
Response: The proposed utility connection with the equipment poles is a requirement from
the utility. In order for the Applicant to request an alternative configuration a letter from the
Town stating it will not allow the traditional six (6) utility pole configuration and that the
Town is requesting pad mounted equipment.
11. Pursuant to Town Code Section 270-35(U)(1)(a), the Decommissioning Plan shall identify
the conditions that will trigger decommissioning of the facility, including at a minimum,
facility abandonment, cessation of operations for six (6) consecutive months (or 12
months within any 18-month period), violation of site plan approval conditions, or the
expiration, revocation, or violation of required permits.
Response: Decommissioning plan has been updated to include this information.
12. Pursuant to Town Code Section 270-35(U)(1)(h) the applicant shall provide a PE-
prepared decommissioning cost estimate including a 125% base cost escalated at 3%
annually over the project life, excluding salvage value. The decommissioning bond shall
remain in effect for the life of the project plus (6) months for decommissioning and site
stabilization, with a corresponding note added to the Decommissioning Plan and Cost
Estimate.
Response: PE prepared cost estimate has been provided in the Decommissioning Plan.
13. The Decommissioning Plan shall be revised to include a list of stakeholders, including the
Town, emergency response agencies, the property owner, and any other applicable
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parties. The Plan shall also specify stakeholders will be provided with copies of any
revised Decommissioning Plan. All revised documents shall be stamped and signed by a
licensed professional engineer.
Response: The Decommissioning plan has been revised accordingly.
14. The Decommissioning Plan should describe site restoration steps that adhere to and
reference the New York State Agricultural and Markets Guidelines for Solar Energy
projects- Construction Mitigation for Agricultural Lands. The Plan should enumerate these
practices in the Plan and by reference to the current versions of the Guidelines.
Response: Noted.
15. The subject parcel is located within a New York State Certified Agricultural
District(Tompkins County Agricultural District#1). Pursuant to New York State
General Municipal Law Section 239- 1 and 239-m, the application shall be referred to
the Tompkins County Planning Board for review and recommendation.
Response: Noted.
16. The applicant has submitted an Operations and Maintenance manual ( version 2.1 )
prepared by Testa. It is recommended that the Manual be revised to include a list of
stakeholders, including the Town of Lansing and local fire departments. The provision
of emergency response training for local first responders specific to the proposed
BESS facility should also be considered in the project development.
Response: The Operations and Maintenance Manual has been revised accordingly.
SITE PLAN COMMENTS
17. Signature lines for the Planning Board Chairperson, Code Enforcement Officer,
Highway Superintendent and Town Engineer are to be added to all Site plan sheets,
with the exception of the Existing Conditions and Construction detail sheets.
Response: The Site Plans have been updated to include signature lines.
18. The Site Statistics table (Sheet C - 300) shall be expanded to include all relevant site
dimensions, including the proposed maximum structure height. Additionally, the
limits of disturbance are inconsistent between the site plan (1.19 +/- acres) and the
Site Statistics table (1.67 +/- acres) and should be reconciled and updated
accordingly.
Response: Limits of disturbance have been revised to 1.76 AC.
19. The submitted plans indicate installation of a 10-foot fixed knot farm fence; However,
no landscaping or buffering is proposed. To demonstrate adequate screening, the
applicant shall provide a viewshed/ line of sight analysis with scaled, color visual
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simulations showing existing conditions, post-construction conditions, and projected
vegetation maturity at 5 and 10 years. While figure 2 (Visual Profile Plan) has been
provided, additional visual renderings as described above are recommended to better
evaluate proposed screening.
Response: Applicant will discuss the scope and necessity of any additional visual
renderings at the next Planning Board meeting.
20. Please clarify the difference between the 10-foot fixed knot farm fence and the
acoustically treated fence. A detail shall be provided for further review of the Planning
Board.
Response: Specifications for the acoustical fence have been included on Sheet C-602.
21. The site plan includes a turning/ maneuverability diagram for site access. The Town Fire
Marshall and Building Official shall review site access and emergency response
provisions as depicted in the Site Plan, Operations and Maintenance plan, and related
materials to ensure compliance with the New York State Uniform Fire Prevention and
Building code. The applicant shall also coordinate with the Tompkins County department
of Emergency Response and the Town of Lansing Fire department and obtain all required
approvals.
Response: Coordination is on-going with all departments.
22. A gravel access cross-section was provided and should be reviewed to demonstrate that
said road can support a minimum 75,000-pound emergency apparatus vehicle. In
addition, engineering calculations shall be provided to confirm that the proposed 12-inch
culvert beneath the access road is adequately sized and meets minimum design
requirements.
Response: The access road is a standard design used for solar and battery sites and the
cross-section will be confirmed by a geotechnical engineer before construction. The 12-
inch culvert has been sized accordingly, and calculations are included in the HydroCAD
Model report.
T.G. Miller, PC Comment letter dated June 19, 2026
SWPPP
1. Provide infiltration testing in accordance with Appendix D of the Stormwater Management
Design Manual (SMDM) to ensure the site meets the minimum infiltration rate for an
infiltration practice period alternatively, provide a series of stormwater practices that meets
the criteria of the SMDM and does not require infiltration.
Response: Infiltration testing is currently being scheduled.
2. It appears the crane pad encroaches within the footprint of the infiltration practice. The
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infiltration practice must be protected during construction in order to preserve existing
infiltration rates.
Response: The infiltration basin and crane pad have both been moved to no longer
interfere with each other.
3. Please provide the stage storage design calculations for the infiltration bioretention
practice. What is the pretreatment device selected for this practice? Demonstrate that it
meets the requirements of the SMDM with calculations, details, and/ or additional narrative
in the SWPPPP.
Response: The bioretention area has been revised to an infiltration basin. Storage
elevations can be reviewed in the HydroCAD Report or on C-601.
4. When the pre- development land use is agriculture, the curve number for the pre-
developed condition shall be taken as "meadow" not "row crops" (SMDM Section 4-6).
Response: The HydroCAD Model has been revised accordingly.
5. The Pre-Development Drainage Map must be updated to clearly show land cover and HSG
boundaries. Consider adding tags or additional hatching with a legend to describe each line
type and hatch shown on the figure.
Response: The Pre- and Post-development Drainage Maps have been revised accordingly.
6. The Post-Development drainage map must be updated to include the proposed contours.
Please revise the figure to clearly show land cover and HSG boundaries. Consider adding
tags or additional hatching with a legend to describe each area shown on the figure.
Response: The Post-development Drainage Map has been revised accordingly.
7. A note must be added to the SWPPP stating that it is the owner/operator's responsibility to
keep the SWPPP current so that, at all times, it accurately documents the erosion and
sediment control practices that are being used or will be used during construction, and all
SMPs that will be constructed on the site. This includes preparing an as-built drawing that
documents the final construction conditions.(CGP Part III.A.3.).
Response: Note has been added in Section 1 of the SWPPP.
8. Please replace the references to the 2015 NYSDEC Stormwater Management Design
Manual with the current 2024 NYSDEC Stormwater Management Design Manual.
Response: All references have been replaced with the 2024 NYSDEC Stormwater
Management Design Manual.
9. Proposed grading indicates that a high point is created between the two SW concrete
equipment pads. The boundary for watershed 100 on the post development Drainage Map
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does not correctly follow this condition. Grading must be adjusted to ensure runoff from
these impervious pads reaches the stormwater management practice. Adjust the
watershed boundary as needed.
Response: Spot grades have been included on Sheet C-500 to show pad elevations of the
area mentioned.
10. Provide a detail for the grass filter strip and its pretreatment device.
Response: A Vegetated Filter Strip Detail has been added to Sheet C-601
11. The project appears to be removing a tree. Please verify the project is not subject to any
federal permits that may place limits on when the tree removal can occur due to the
Endangered Long Eared Bat.
Response: Project will clear trees within the specified Bat Tree Clearing Window.
12. Please verify that no additional permits are required from DEC (ex: wetlands, multi-sector)
Response: No wetland permits are required.
13. Please include the following documents in the subsequent submission:
a. Drawings stamped by a NYS Licensed Engineer
Response: All sheets have been stamped by a NYS Licensed Engineer.
b. The current Construction General Permit (GP 0-25-001)
Response: GP-0-25-001 has been included in the SWPPP document.
c. Reference and/or include the source of precipitation data used for hydrologic
modeling.
Response: Data was sourced from Northeast Regional Climate Center (NRCC)
https://precip.eas.cornell.edu/#/data and products
d. Draft NOI
Response: A Draft NOI has been included in the SWPPP.
e. MS4 Acceptance Form
Response: A MS4 Acceptance Form has been included in the SWPPP.
f. SWPPP Preparer Certification Form
Response: A SWPPP Preparer Certification Form has been included in the SWPPP.
g. Owner/Operator Certification Form
Response: An Owner/Operator Certification Form has been included in the SWPPP.
h. Draft Stormwater Operation Management, and Reporting Agreement (SOMRA)
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Response: A Draft Stormwater Maintenance Agreement has been included in the
submission.
Preliminary Drawings
1. The 1086' contour appears to dead-end at the turn around. Please verify design intent and
correct grading as needed.
Response: The 1086' contour has been revised to show a highpoint at the end of the
access road.
I can be reached at 518-371-7621 if you have any questions or need additional information.
Sincerely,
4�V//--,
Benjamin Willson
Project Engineer
Environmental Design Partnership
8 900 New York 146 Clifton Park,NY 12065
(P)518.371.7621 edpllp.com