Loading...
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