HomeMy WebLinkAboutJ - 07 RIC Energy Correspondencet>M
v Andrew C. Welch
ire RIC Development, LLC
4J 85 Broad Street, 28t" Floor
Z June 1, 2023 New York, NY 10004
W Bruce Weber
Planning/Zoning Officer
V Town ofcortlandville
The Raymond G. Thorpe Municipal Building
iri 3577 Terrace Road
Cortland, NY13045
Dear Bruce,
Thank you for forwarding the final recommendations from the Cortland
County Planning Board regarding the Cortlandville Solar project. As you
recall, I made a general statement at the Cortlandville Planning Board
meeting that we did not have any concerns about the County's comments.
That was based on the draft from their agenda package that I had seen.
Nowthat we have reviewed the final version, I thought it would be helpful
to provide specific responses. Please see below our answers (in bold) to
each of the 13 items:
RESOLVED, that only upon adherence to the following contingencies does
the Board recommend approval of this application for the construction of a five
megawatt ground mounted large scale solar energy system, accessory access
driveway, and security fencing encompassing approximately 33.0t acres.
the applicant place special attention to the western section of the proposed
developed area to control any runoff to equal or less than the existing site or
eliminate the western portion of development whose runoff is not collected by
the 2 proposed retention ponds.
a. The proposed improvements do not negatively alter the hydrology of the
western section of the proposed developed area. Please refer to the existing
condition stormwater modeling report and proposed condition stormwater
modeling report, which are included in Appendix G of the previously
submitted SWPPP. The subcatchment labeled 1S in both reports represents
the western section of the proposed developed area. In comparing
subcatchment 1S for the existing condition to subcatchment 1S for the
proposed condition, the peak runoff rate and volume of runoff show are
decreased from existing to proposed.
The decrease in runoff is due mainly to two factors:
• Approximately 9 acres of this subcatchment has been redirected to a
different subcatchment and is controlled by one of the proposed dry
r=
detention ponds. The smaller drainage area means less runoff will flow
to the west.
• Small areas within the western portion of the proposed developed site
have been graded to reduce land slope to less than 15%. This reduction
in slope will slow down the velocity of runoff leaving the site (reducing
the runoff rate).
Runoff from the western portion of the proposed developed area is
controlled by the above described design and deceases the flow rate and
volume of runoff contributing to that area
2. the town consider obtaining an independent fee estimate for the
Decommissioning Plan that includes permit/application fees, disposal tipping
fees, potential environmental remediation costs, or any other permit, disposal or
application costs needed for total decommissioning, disposal, and re-
establishment of the site to its original condition.
a. We provided an estimate signed by a Professional Engineer from Langan
Engineering. Langan are a very reputable firm with expertise in this area.
There may not be a better source of information available.
3. that the applicant consults with and obtains written confirmation from the DEC
that it is acceptable to install solar arrays within delineated wetland areas.
a. The NYSDEC does not have jurisdiction over delineated wetlands on the
site. The US Army Corps of Engineers is reviewing our application
regarding wetlands on the site. That said, concern for wetlands on site
should be minimal in light of Project design. Cortlandville Solar avoids all
grading or other fill within all wetlands on site. Work jurisdictional to the
US Army Corps of Engineers (USACE) includes the widening of the access
drive in an area near the adjoining highway. At this location, there is an
intermittent stream that presumably shall require a culvert extension. The
NYSDEC, as noted, shall be asked to provide a water quality certification to
accompany this federal permit. All necessary best management practices
shall be put in place to ensure no impact to any waters. Typically, that
means we shall have to do the work during low or no flow by equipment
operating from above the stream banks. Erosion protection measures shall
be required, followed by immediate stabilization upon work completion.
Elsewhere on site, some racking posts shall be driven within some wetland
areas as denoted on site plans. Impacts to wetlands from this action are
negligible, temporary, and not regulated by either the NYSDEC or the
USACE for lack of perceived jurisdictional impact. Work shall be limited
to areas where the wetlands are seasonally saturated, e.g., the groundwater
capillary fringe may extend to within 12 inches of the ground surface, rather
than inundated, and shall be performed in a manner to ensure no rutting or
other erosion or earth disturbance takes place. As such, the wetland shall
be retained as wetland. On this site, most of the area in question is currently
herbaceous vegetation, which means the wetland class shall remain
palustrine emergent, wet meadow. From an ecological standpoint, the
impact shall be a temporary delay in the natural succession from palustrine
emergent old -field grassland wetland (or, in years past, agricultural
wetland), to scrub -shrub wetland, and finally to forested wetland, with the
occasional natural disruptions of fires, herbivory, or other altering events.
Upon future decommissioning, this successional change shall naturally
resume.
4. that the Town require the applicant to include 24 hour emergency contact
information to be clearly displayed
a. This is acceptable.
5. that the applicant obtain ROW work permit from NYSDOT for any work within
the state highway right of way limits.
a. This is an acceptable condition of approval such that it will be required prior
to building permit issuance. It has been the intent of the project to obtain a
ROW Work Permit from NYSDOT for all work within the state highway
ROW prior to construction.
6. that the Town of Virgil receive notification of the project as it sited directly on
the municipal boundary.
a. It is not clear to us whether the Town of Cortlandville is to provide
notification to the Town of Virgil or if you would prefer the project to do so.
7. the applicant preparing and obtaining approval of a stormwater pollution
prevention plan (SWPPP), including water quality and quantity management for
this site both during and after construction, from the Town upon review by the
County Soil and Water Conservation District, since this project would disturb
more than one acre of land.
a. The project SWPPP was submitted to the Town of Cortlandville along with
the Conditional and Aquifer Permits. Concurrently it was provided to
Cortland County for review. The project SWPPP has been designed in
general accordance with the current NYSDEC SPDES General Permit (GP-
0-20-001), current NYSDEC Stormwater Management Design Manual,
current NYSDEC Standards and Specifications for Erosion and Sediment
Control (Blue Book), and current NYSDEC-published solar installation
guidelines. We will work with the Town of Cortlandville, Cortland County,
and the County Soil and Water Conservation District to address issues
identified by these entities and achieve an acceptable SWPPP for Site Plan
Approval.
8. the applicant filing a Notice ofIntent with the NYS Department ofEnvironmental
Conservation (DEC) in addition to the preparation of a stormwater pollution
prevention plan for the site per the NYS Phase II stormwater regulations and
obtaining a NYSDEC Construction Stormwater Permit GP-0-15-002 coverage
since this project would disturb more than one acre of land. The SWPPP must
meet the current Stormwater Management Design Manual and the Runoff
Reduction and Green Infrastructure requirements.
a. This is an acceptable condition of approval. Prior to construction, the project
will file a Notice of Intent with NYSDEC and obtain a letter of
acknowledgment from NYSDEC, granting coverage under the NYSDEC
SPDES General Permit for Stormwater Discharge from Construction
Activity (GP-0-20-001).
9. that the applicant contacts the NYS DEC Division of Environmental Permits to
request a jurisdiction determination and to apply for and obtain any permits
required as a result of this determination.
a. This has been completed and a copy is attached to this response.
10. that the Town thoroughly reviews the visual impact study that was provided to
minimize any potential negative visual impacts which may occur as a result of
this project.
a. This was our intent when we submitted the VIA.
11. the applicant obtaining Town Planning Board approval of the use of farmland of
statewide importance for a ground -mounted large-scale solar energy system
a. It is our assumption that this is a part of the consideration the Planning
Board will give our application.
12. that disturbed areas are replanted with native species to enhance ecological
values.
a. As shown in the Landscape Plan provided as part of the initial submission
for Site Plan Approval, areas beneath solar arrays will be restored with a
turf restoration seed mix. All other areas within the limits of disturbance will
be restored with a pollinator seed mix to attract pollenating species and
improve the ecosystem on -site. Native species are included in these seed
mixes along with common/non-native species which aide the native species
in growing and spreading. Screening trees to be planted consist of Balsam
Fir and Eastern White Pine, which are both native to the Cortlandville
region.
13. compliance with SEQR requirements
a. The Planning Board has previously elected to be lead agency for SEQR.
Please let us know if you have any questions or require more information.
Regards,
Andrew C Welch, Project Manager
RIC Development, LLC
P: 917 819-1900
E: awelch@ric.energy
cc:
Sheila Ransbottom, P.E., Project Manager
Wendel Companies
P: 716-688-0766
E: sransbottom@wendelcompanies.com
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