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HomeMy WebLinkAbout00_YB_Cover Letter for ApplicationPage 1 | 4 ATTORNEYS AT LAW EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205 Phone: 518-438-9907 • Fax: 518-438-9914 www.youngsommer.com Writer’s Telephone Extension: 274 swilson@youngsommer.com November 2, 2023 Via Electronic Filing New York State Office of Renewable Energy Siting W. A. Harriman Campus Building 9, 4th Floor 1220 Washington Avenue Albany, NY 12226 Re: Matter 23-00048: Application of Yellow Barn Solar, LLC, for a Permit Pursuant to § 94-c of the New York State Executive Law to Construct and Operate a Major Renewable Energy Generation Facility to be Located in the Towns of Groton and Lansing, Tompkins County, New York We represent Yellow Barn Solar, LLC (the “Applicant” or “Yellow Barn Solar”), in the above-referenced proceeding. The Applicant hereby files its Application pursuant to Section 94- c of the New York State Executive Law and Title 19 of NYCRR, Part 900, for a permit to construct an approximately 160 megawatt (“MW”) alternating current (“AC”) solar facility in the Towns of Groton and Lansing, Tompkins County, New York (the “Project” or “Facility”). The Project will significantly contribute to the State’s clean energy and carbon reduction goals and provide direct environmental and socioeconomic benefits to the State and the local economy. The Project is a zero-emission, renewable source of energy that will assist the State in meeting the goals of both the Climate Leadership and Community Protection Act (“CLCPA”) and State Energy Plan, which include obtaining 70% of the State’s energy consumption from renewable sources by 2030, and 100% of the State’s energy from clean sources by 2040. These carbon reduction benefits will enable achievement of the public health and economic goals of the CLCPA and provide benefits to consumers through the additional supply of clean, renewable electricity onto the State’s electric grid. The Facility will also provide an economic stimulus to the area during construction by providing jobs and local contracts for goods and services. During operation, the Facility will offer long-term highly skilled operational positions and significant long-term economic benefits through lease revenue to local landowners and revenue to the community. 2 Although the construction and operation of the Facility may result in certain temporary and long-term environmental impacts, as fully described in the Application, the Applicant has thoughtfully designed the Project in accordance with the Office of Renewable Energy Siting’s (the “Office” or “ORES”) regulations to avoid and minimize negative impacts to sensitive resources and the local community. The Project design considers the natural features and surrounding land uses of the area and avoids habitat for threatened and endangered species and state-regulated wetland and waterbody resources to the extent practicable. The Applicant consulted with the Office and relevant State agencies, including the New York State Department of Environmental Conservation and the State Office of Parks and Historic Preservation, on the scope and preparation of environmental and cultural resource studies to ensure that the Applicant’s assessment of Project impacts aligned with State law and the Office’s regulations. During the Project design and pre-application phases, the Applicant worked with local officials from the Towns of Groton and Lansing to understand the requirements of local law with respect to construction and operation of the Project. The Applicant held meetings and open houses during the pre-application stage to inform the community and local stakeholders. These meetings were open to the public and provided interested stakeholders with the opportunity to learn about the Project and provide feedback on elements of Project planning. The Applicant considered and incorporated feedback from stakeholders on local concerns and interests. After many months of pre-application engagement and study, the Applicant is pleased to submit this Application under the State’s new major renewable energy facility siting and permitting process pursuant to Execution Law Section 94-c and 19 NYCRR Part 900. In accordance with 19 NYCRR §§ 900-1.4(a)(1) and (2), the enclosed Application includes the Office’s application form and all exhibits required pursuant to 19 NYCRR Subpart 900-2. The remainder of this correspondence addresses compliance with 19 NYCRR § 900-1.4(a)(3)-(10) and § 900-1.4(b). 19 NYCRR § 900-1.4(a) (4) Project Website. The Applicant has created a website through which it has disseminated, and will continue to disseminate, information to the public. See https://yellowbarn-solar.com. The website provides the material required by 19 NYCRR § 900-1.4(a)(4). (5) Identification of Critical Infrastructure and Trade Secret Information. Concurrent with the filing of this Application, the Applicant submitted a request to the Office that certain documents and information contained within the Application be treated as confidential (“Request for Nondisclosure”), as specifically identified therein and generally as required by State or federal law to protect sensitive cultural or environmental resources. Requests for confidential protection are submitted pursuant to Article 7 of the New York State Public Officers Law and other applicable state and federal laws. The Applicant’s Request for Nondisclosure is provided with this Application. 3 (6) Identification of Confidential Cultural Resource Information. The application does contain confidential information with respect to the location, character, or ownership of cultural resources in Exhibit 9 and Appendices thereto. The confidential information is submitted under confidential cover with a request for confidential protection consistent with applicable State and federal laws requiring the protection of such information, as noted in section (5) above. (7) Affidavit of Service. Affidavits of Service for the Application and all accompanying documents hand- delivered to ORES and for service upon the other parties identified in 19 NYCRR § 900-1.6(a) will be filed with ORES on the online DMM system as soon as available. (8) Payment of Local Agency Fee. Prior to filing of this Application, the Applicant deposited payment in the local agency account in an amount equal to one thousand dollars ($1,000) for each one thousand (1,000) kilowatts of the proposed project’s nameplate capacity, as required by 19 NYCRR § 900- 1.4(a)(8). ORES was notified that payment was wired for both the Local Agency and Application Fees. (9) Payment of Application Fee. Prior to the filing of this Application, the Applicant submitted to the Office the fee required by 19 NYCRR § 900-1.5, as noted in Section 8 above. (10) Additional Information Requested by the Office. The Applicant is not aware of any additional information requested by the Office. 19 NYCRR § 900-1.4(b) Water Quality Certification The Applicant will consult with the appropriate agencies, including ORES, as soon as practicable after filing the Application regarding Water Quality Certification. Given that this request is not being filed with the Application, the Applicant will file, serve and provide notice of the requested Water Quality Certification in accordance with the requirements of 19 NYCRR § 900-1.6(c), upon submission of that request. 19 NYCRR § 900-1.4(a)(3): Site Specific Conditions 4 Yellow Barn Solar is requesting that ORES add the following Site Specific Condition to the Draft Permit: - Phased Construction (1) Consistent with 19 NYCRR § 900-10.2, and in addition to the Notice to Proceed (NTP) authorization in 19 NYCRR § 900-6.1(g), the Permittee may request a conditional NTP for a specific construction activity or specific phase of construction. For each such requested activity or phase, the Permittee shall have submitted to the Office a scope of work and all applicable pre-construction compliance filings listed in 19 NYCRR § 900- 10.2 or this Draft Permit and identified by the Office as a condition to NTP approval. Please feel free to contact our office if you have any questions regarding the above. Very truly yours, /s/ Steven D. Wilson James A. Muscato II Steven D. Wilson Young/Sommer LLC Attorneys for Yellow Barn Solar, LLC