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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 Attachment