Sheperd's Run Draft Ores Permit

STATE OF NEW YORK OFFICE OF RENEWABLE ENERGY SITING (ORES)
DRAFT PERMIT FOR A

MAJOR RENEWABLE ENERGY FACILITY
IN
Town of Copake, Columbia County
ISSUED TO
Hecate Energy Columbia County 1 LLC
ORES DOCKET NO. 21-02553
October 24, 2023

Office of Renewable Energy Siting Draft Permit
Hecate Energy Columbia County 1 LLC (DMM Matter No. 21-02553)
1. PERMIT
The New York State Office of Renewable Energy Siting (hereafter

referred to as ORES or the Office) hereby issues this Permit to
Hecate Energy Columbia County 1 LLC (hereafter referred to as
Shepherd’s Run Solar or the Permittee) pursuant to § 94-c of the
Executive Law and its implementing regulations at 19 NYCRR subparts
900-1 through 900-15. The Permittee is authorized to construct and
operate the major renewable energy facility (hereafter referred to
as the Facility or the Solar Facility), as described in subpart 2
of this Permit, in the Town of Copake, Columbia County, New York.
Based upon the Office’s comprehensive review of the record and as

described hereinbelow, the Office finds and determines that the
proposed Solar Facility, together with applicable provisions of
the Uniform Standards and Conditions (USCs) (subpart 5 of Permit),
necessary Site Specific Conditions (SSCs) (subpart 6 of Permit),
and applicable pre-construction and post-construction compliance
filings (subpart 7 of Permit): complies with Executive Law § 94-c
and applicable provisions of the Office’s regulations at 19 NYCRR
part 900; and avoids, minimizes, or mitigates, to the maximum
extent practicable, potential significant adverse environmental
impacts of the Facility.
1.1 Applicability; Powers of Municipalities and State Agencies

and Authorities
The Siting Permit issued herein is based upon the plans,

specifications, reports, statements, agreements, and other
information submitted by or on behalf of the Permittee in the
application record for this Facility (ORES DMM Matter No. 21-
02553) as well as the Permittee’s Public Service Law (PSL) Article
10 pre-application record (DPS Case 20-F-0048), incorporated
herein by reference. This information is freely accessible on the
ORES website at Permit Applications | Office of Renewable Energy
Siting (ny.gov), or on the New York State Department of Public
Service website at Search / Commission Files (ny.gov), subject to
such redactions as are required by law or ordered by the assigned
Administrative Law Judges (ALJs).
1
Pursuant to § 94-c of the Executive Law and its implementing
regulations at 19 NYCRR subparts 900-1 through 900-15, the Facility
shall be designed, developed, constructed, operated, maintained,
and decommissioned in conformity with this Siting Permit and any
terms, limitations, or conditions contained herein.
Notwithstanding any other provision of law, including without

limitation article eight of the Environmental Conservation Law
(ECL) and article seven of the PSL, no other State agency,
department or authority, or any municipality or political
subdivision, or any agency thereof may, except as expressly
authorized under § 94-c of the Executive Law and implementing
regulations at 19 NYCRR part 900, require any approval, consent,
permit, certificate, contract, agreement, or other condition for
the development, design, construction, operation, maintenance, or
decommissioning of the Facility authorized pursuant to this Siting
Permit.
Nothing in this Siting Permit shall exempt such Facility from

compliance with applicable federal laws, rules, and regulations,
and the Permittee remains responsible for providing copies of all
federal and federally-delegated permits and approvals for the
construction and operation of the Facility, simultaneously with
other required pre-construction compliance filings hereunder.
1.2 Record of Proceeding
In addition to the information referenced above, the record of

this application includes all information submitted with respect
to the ORES Application (ORES DMM Matter No. 21-02553), by or on
behalf of municipalities and local agencies, members of the public
and other participants, as well as ORES and other State agencies
and authorities, and is freely accessible on the ORES website,
subject to such redactions as are required by law or ordered by
the assigned ALJs.
2. PROJECT DESCRIPTION
The Facility is a solar photovoltaic (PV) electric energy

generating project in the Town of Copake, Columbia County, New
2
York, that consists of the following major components: PV modules
and their rack/support systems; direct current (DC) collection
lines and communications cables connecting the modules to the
inverters; the inverters with their support platforms, control
electronics, and step-up transformers; buried alternating current
(AC) medium voltage collection lines; security fencing and gates
around each array of PV modules; landscape plantings; gravel access
roads; temporary laydown areas; a new collection substation; and
interconnection into the existing 115 kilovolt (kV) Craryville
Substation designated point of interconnect (POI), which is owned
and operated by New York State Electric and Gas (NYSEG), via a new
115 kV overhead transmission line, approximately 200 feet in
length, from the new collection substation. The Craryville
Substation is connected to the existing Craryville-Klinekill and
Churchtown-Craryville 115 kV transmission lines. The total
nameplate capacity of the Facility shall not exceed 60 megawatts
(MW). The Facility Site is approximately 880 acres in size and
consists of 13 parcels currently under lease or purchase option
from private landowners. The total Project Footprint is limited to
approximately 267 acres, which includes both temporary and
permanent disturbance and comprises the limit of disturbance
(LOD). All Facility components will be installed and operated
within the Project Footprint.
The proposed Solar Facility will directly contribute significantly

to New York’s Climate Leadership and Community Protection Act
(CLCPA) targets by producing up to 60 MW of renewable solar energy
directly to New York’s energy market. According to the application,
the Facility will produce enough zero-emissions energy to power
approximately 15,000 households in New York State. The Facility
will also create job opportunities, support economic growth, and
protect public health, safety, and the environment by
significantly reducing greenhouse gas emissions.
3. PROCEDURAL BACKGROUND
(a) On 03/08/2022, the Permittee submitted an application for a

major renewable energy facility siting permit (the
Application) to the Office pursuant to Executive Law § 94-c.
On 05/04/2022, the Permittee electronically filed certain
appendices associated with the 03/08/2022 Application.
3
(b) On 05/09/2022, Office Staff issued a Notice of Incomplete
Application.
(c) On 07/29/2022, the Permittee filed an Application Supplement.
(d) On 09/27/2022, Office Staff issued a second Notice of

Incomplete Application.
(e) On 12/20/2022, the Permittee submitted an extension request

for the 90-day response period in 19 NYCRR § 900-4.1(f),
requesting an extension to 01/27/2023.
(f) On 01/27/2023, the Permittee filed a second Application

Supplement.
(g) On 03/28/2023, Office Staff issued a third Notice of

Incomplete Application.
(h) On 06/26/2023, the Permittee filed a third Application

Supplement.
(i) On 07/11/2023 and 08/24/2023 the Permittee filed additional

Application Supplements.
(j) On 08/25/2023, the Office determined that the Application,

together with the Application Supplements filed on
07/29/2022, 01/27/2023, 06/26/2023, 07/11/2023, and
08/24/2023 was complete in compliance with Executive Law §
94-c(5)(b) and 19 NYCRR §§ 900-4.1(c) and (g).
(k) On 09/12/2023, the Permittee filed additional information to

correct an administrative error.
(l) On 10/24/2023, Office Staff published this Draft Permit on

its website for public comment.
(m) On 10/24/2023, the ORES Office of Hearings issued a Combined

Notice of Availability of Draft Permit Conditions, Public
Comment Period and Public Comment Hearing, and Commencement
of Issues Determination Procedure (Combined Notice),
including instructions for filing a petition for party
status.
4
4. REQUIRED FINDINGS
Executive Law § 94-c(5)(e) provides that a final Siting Permit may

only be issued if the Office makes a finding that the proposed
Facility, together with any applicable USCs, SSCs, and compliance
filings set forth in the Permit would comply with applicable laws
and regulations. In making this determination, the Office may elect
not to apply, in whole or in part, any local law or ordinance that
would otherwise be applicable if the Office makes a finding that,
as applied to the proposed Facility, the local law or ordinance is
unreasonably burdensome in view of the CLCPA targets and the
environmental benefits of the proposed Facility.
In compliance with Executive Law § 94-c(5)(e), the Office has

considered, without limitation, the proposed Facility’s
contribution of up to 60 MW toward New York State’s CLCPA targets,
and the associated environmental benefits of producing zero-
emissions energy and significantly reducing greenhouse gas
emissions in New York State.
The Permittee has requested that the Office elect not to apply the
following provisions of local law or ordinance. As specified below,
the Office hereby determines not to apply, in whole or in part,
certain local law or ordinance provisions, which when applied to
the proposed Facility, are unreasonably burdensome in view of the
CLCPA targets and the environmental benefits of the proposed
Facility. In making the determinations herein, the Office has
balanced the proposed Facility’s competing impacts to multiple
resources, and considered the Permittee’s proposed measures to
avoid, minimize, or mitigate those impacts to the maximum extent
practicable, while ensuring protection of the environment and
consideration of all pertinent social, economic, and environmental
factors.
Except for the provisions of local law or ordinance for which

relief is approved below, the Office finds that the Facility, as
proposed and permitted herein, shall comply with the substantive
provisions of the applicable local laws or ordinances of the Town
of Copake identified in the Application at Exhibit 24 (Revision
3): Local Laws and Ordinances (Record 96) and accompanying
Appendices 24-1, 24-2, and 24-3 (Record 41).
5
(a) Code of the Town of Copake
Density, Bulk, and Area Requirements

(1) § 232-8(A) Area and dimension regulations and Table 1. Density
Control Schedule [3 acre average lot size for Rural
Residential District]
The Permittee requested partial relief from § 232-8(A) and Table
1. of the Code of the Town of Copake, which provides:
Density control schedule. No building shall be constructed,

expanded, or altered, and no lot subdivided or altered, except
in conformity with the density control regulations as set out
in the Density Control Schedule, which is hereby adopted and
declared to be a part of this chapter and appended to this
chapter as “Table 1. Density Control Schedule;”
Table 1. Density Control Schedule Rural Residential (RU) District

“Lot Size and Density Requirement” further states:
3 acres average lot size2 with individual septic systems.
Major subdivisions must meet requirements for a flexible lot

subdivision pursuant to Section 232-17.
Footnote 2: Average lot size: The size of the lots created in

a subdivision may be averaged together. Use of an average lot
size can result in variably sized lots provided that the
average of all lots created in a subdivision is 3 acres in
the RU district.
Based upon the record of this case, the Office respectfully denies
the requested relief with respect to § 232-8(A) Area and dimension
regulations and Table 1. Density Control Schedule – Column Titled
“Lot Size and Density Requirement,” which are inapplicable to the
proposed Facility. (See also subpart 4(b)(1) of this Permit.)
6
Control Schedule [20% Lot Coverage for Rural Residential
District]
The Permittee requested partial relief from § 232-8(A) and Table

1. of the Code of the Town of Copake, which provides:

chapter as “Table 1. Density Control Schedule.”

“Max Lot Coverage Including Impervious Surfaces” further states:
20%
Based upon the record of this case, the Office respectfully denies
the requested relief with respect to § 232-8(A) Area and dimension
regulations and Table 1. Density Control Schedule – 20% “Max Lot
Coverage Including Impervious Surfaces,” which are superseded by
applicable substantive requirements provided in § 232-
16.12(F)(5)(a)(2) of the Code of the Town of Copake. (See also
subparts 4(a)(4) and 4(b)(2) of this Permit.)
(3) § 232-16.12(F)(5)(a)(1) Solar Energy System Minimum Parcel

Size
The Permittee requested limited relief from the minimum parcel
size restriction for Tier 4 solar energy systems of § 232-
16.12(F)(5)(a)(1) of the Code of the Town of Copake, which
provides:
A minimum parcel size of 15 acres is required for Tier 4 solar

energy systems.
Based upon the record in this case, the Office respectfully denies
the requested limited relief with respect to § 232-
7
16.12(F)(5)(a)(1) of the Code of the Town of Copake for S.B.L.
144.-1-27.100. (See also subpart 4(b)(4) of this Permit.)
(4) § 232-16.12(F)(5)(a)(2) Solar Facility Lot Coverage and Lot

Size Restriction
The Permittee requested limited relief from the lot coverage
restrictions of § 232-16.12(F)(5)(a)(2) of the Code of the Town of
Copake, which provides:
A Tier 4 solar energy system may occupy up to 20% of the area

of the parcel on which it is located; provided, however, that
the area of land used for any such system shall not exceed 10
acres. This land area occupied or used shall be deemed to
include all land under or between any system components within
the general perimeter of the system as a whole, but shall not
include the area within the twenty-five-foot buffer between
the system components and the surrounding security fencing.
Based upon the record in this case, the Office respectfully

approves partial relief from § 232-16.12(F)(5)(a)(2) of the Code
of the Town of Copake, which is unreasonably burdensome in light
of CLCPA targets and the environmental benefits of the proposed
Facility. Partial relief is respectfully limited to tax parcels
SBL: 144.-1-34, 144.-1-6, 155.-1-2, 155.-1-4.111, 155.-1-5, and
155.-1-56.120, as described in Exhibit 24 (Revision 3): Local Laws
and Ordinances (Record 96).
Agricultural Resources
(5) § 232-16.12(F)(2) Agricultural Soils Restriction
The Permittee requested partial relief from § 232-16.12(F)(2) of
the Code of the Town of Copake, which prohibits Tier 4 solar energy
systems on soils classified as prime farmland, prime farmland if
drained, or farmland of statewide importance. This section
provides:
Tier 4 solar energy systems are prohibited within the Scenic

Corridor Overlay Zone, and on soils classified as prime
farmland, prime farmland if drained, or farmland of statewide
importance as classified by the United States Department of
Agriculture, New York State, the Town of Copake Farmland
8
Protection Plan, or the Natural Resources Conservation
Service.

approves limited relief from § 232-16.12(F)(2) of the Code of the
Town of Copake, which is unreasonably burdensome in light of CLCPA
targets and the environmental benefits of the proposed Facility.
Relief is respectfully limited to the proposed layout as described
in Exhibit 24 (Revision 3): Local Laws and Ordinances (Record 96)
and depicted on Figure 24-1 (Revision 2) (Record 96). The Permittee
shall comply with the requirements set forth in 19 NYCRR § 900-
2.16 and the standard to avoid, minimize, and mitigate potential
significant adverse impact(s) to agricultural resources to the
maximum extent practicable. The Permittee shall otherwise comply
with the remaining substantive provisions of § 232-16.12(F)(2) of
the Code of the Town of Copake, including but not limited to the
prohibition of Tier 4 solar energy systems within the Scenic
Corridor Overlay Zone. (See also subparts 6(d) and 6(e) of this
Permit.)
(6) § 232-16.12(F)(3) Agricultural Soils Lot Coverage Restriction

The Permittee requested partial relief from the prohibition of
Tier 4 solar energy systems from more than 10% of any parcel in §
232-16.12(F)(3) of the Code of the Town of Copake, which provides:
Tier 4 solar energy systems are prohibited on more than 10%

of the entire area of any parcel containing soils classified
as prime farmland by the United States Department of
Agriculture, New York State, the Town of Copake Farmland
Protection Plan, or the Natural Resources Conservation
Service.

approves limited relief from § 232-16.12(F)(3) of the Code of the
Relief is respectfully limited to the parcels and proposed layout,
as described in Exhibit 24 (Revision 3): Local Laws and Ordinances,
and further described in Table 24-3 (Record 96) and depicted on
Figure 24-1 (Revision 2) (Record 96). The Permittee shall comply
with the requirements set forth in 19 NYCRR § 900-2.16 and the
9
standard to avoid, minimize, and mitigate potential significant
adverse impact(s) to agricultural resources to the maximum extent
practicable. (See also subparts 6(d) and 6(e) of this Permit.)
(7) § 232-16.12(F)(6)(a)(9) Agricultural Soil Conversion

Restriction
The Permittee requested relief from the prohibition in § 232-
16.12(F)(6)(a)(9) of the Code of the Town of Copake, requiring the
avoidance of conversion of soils classified as prime farmland,
prime farmland if drained, and soils of statewide importance for
Tier 4 solar energy systems. This section provides:
In addition to the limitations set forth in sections F(3)(4)

and G(2)(3) of this law, arrays shall be located on a parcel
in such a manner as to avoid conversion of farmland located
on soils classified as prime farmland, prime farmland if
drained, and soils of statewide importance by the United
States Department of Agriculture, New York State, the Town of
Copake Farmland Protection Plan, or the Natural Resources
Conservation Service.

approves limited relief from § 232-16.12(F)(6)(a)(9) of the Code
Facility. Relief is respectfully limited to areas of the proposed
layout, as described in Exhibit 24 (Revision 3): Local Laws and
Ordinances (Record 96) and depicted in Figure 24-1 (Revision 2)
(Record 96). The Permittee shall comply with the requirements set
forth in 19 NYCRR § 900-2.16 and the standard to avoid, minimize,
and mitigate potential significant adverse impact(s) to
agricultural resources to the maximum extent practicable.
The Office further clarifies that the Permittee must offset any
potential conversion of farmland outside of the Facility fence
line within the Project Area1 to the maximum extent practicable.
1
As described in Exhibit 24 (Revision 3): Local Laws and Ordinances
(Record 96), Project Area refers to “those privately-owned parcels under
option to lease, purchase, easement or other real property interests
with the Applicant in which all Project components will be sited totaling
approximately 880 acres.”
10
Without limitation, the Permittee shall allow for continuation of
areas of active agricultural operations, as described in Exhibit
15 (Revision 3): Agricultural Resources and depicted on Figure 15-
10 (Revised) (Record 96) for the operational life of the Facility.
(See also subparts 6(d) and 6(e) of this Permit.)
Clearing Restrictions
(8) § 232-16.12(F)(6)(a)(8) Vegetative Clearing
The Permittee requested limited relief from the clearing
restrictions of § 232-16.12(F)(6)(a)(8) of Code of the Town of
Copake, which provides:
Previously cleared or disturbed areas are preferred locations

for solar panel arrays. The clearing of additional lands to
accommodate a proposed utility-scale solar energy system may
be permitted, provided the percentage of newly cleared land
on any parcel does not exceed 10% of the existing woodlands
on that parcel.

of the Town of Copake where newly cleared land exceeds 10% of the
existing woodlands on each parcel, which is unreasonably
burdensome in light of CLCPA targets and the environmental benefits
of the Facility. Relief is respectfully limited to tax parcels
SBL: 155.-1-4.111, 155.-1-5, and 155.-1-56.120, as detailed in
Exhibit 24 (Revision 3): Local Laws and Ordinances (Record 96) and
depicted in Figure 24-2 (Revised) (Record 96).
Natural Resources
(9) § 232-11(D)(2) Locational Restriction (Wetlands and
Waterbodies)
The Permittee requested limited relief from § 232-11(D)(2) of the
Code of the Town of Copake, which provides:
No development shall take place within 100 feet of a stream,

creek, lake, pond, wetland or other body of water, except
that an open porch or deck attached to a residence shall be
exempt from such restriction, provided that all other
11
requirements can be met, and provided that such porch or deck
shall never be enclosed.

approves partial relief from § 232-11(D)(2) of the Code of the
targets and the environmental benefits of the Facility. Consistent
with 19 NYCRR § 900-2.6(d), relief is limited to planting of
vegetative screening, as well as access roads, collection lines,
and security fencing that, as proposed, would cross delineated
streams and wetlands as depicted on Figure 24-5: Zoning Setbacks
– Wetlands and Waterbodies (Record 107). All such components shall
be sited to comply with the standard to avoid, minimize, and
mitigate potential significant adverse impact(s) to delineated
wetlands, streams, and the Taghkanic Creek watershed to the maximum
extent practicable.
Limited relief is also provided as to the prohibition on

development for Facility components within 100 feet of “other
bod[ies] of water,” that were not identified in the Appendix 14-
1: Wetland and Waterbody Delineation Report (Record 40). (See also
subpart 4(b)(3) of this Permit.)
(10) § 232-16.12(F)(6)(a)(6) Avoidance of Land of Highest

Ecological Value
The Permittee requested partial relief from the prohibition in §
232-16.12(F)(6)(a)(6) of the Code of the Town of Copake. This
section provides:
Lands which have the highest ecological values as evidenced

by large, contiguous areas of forest, undisturbed drainage
areas, wetlands, or NYS DEC identified critical habitats or
rare plant and animal populations shall be avoided.

approves limited relief from the location prohibitions of § 232-
16.12(F)(6)(a)(6) of the Code of the Town of Copake for the
proposed layout, as described in Exhibit 24 (Revision 3): Local
Laws and Ordinances (Record 96) and depicted on Figure 24-2
(Revised) (Record 96), which are unreasonably burdensome in light
12
Facility. The Permittee shall comply with 19 NYCRR Part 900 and
the standard to avoid, minimize, and mitigate potential
significant adverse impact(s) to lands which have the highest
ecological value to the maximum extent practicable. (See also
subpart 6(g) of this Permit.)
(11) § 232-16.12(F)(6)(a)(10) Vegetation Maintenance

The Permittee requested limited to relief from the maintenance
requirements of § 232-16.12(F)(6)(a)(10) of the Code of the Town
of Copake. This section provides:
Native grasses and native vegetation shall be maintained

below the arrays.
Based on the record in this case, the Office respectfully denies

the Permittee’s request for relief from the vegetation maintenance
of Copake. The Final Vegetation Management Plan submitted pursuant
to 19 NYCRR § 900-10.2(e)(4) shall comply with the substantive
of Copake. (See also subpart 6(f) of this Permit.)
Fence Height
(12) § 232-11(A) Fence Height
The Permittee requested relief from § 232-11(A) of the Town of
Code of the Town of Copake. This section provides:
Fences and walls. Fences or walls within a front yard shall
not exceed four feet in height. Fences or walls in a side or
rear yard shall not exceed six feet in height. These
regulations shall apply to all fences or walls, with the
exception of fences required under Chapter 156 of the Code of
the Town of Copake pertaining to junkyards and motor vehicle
storage areas. The Town Building Inspector may authorize a
retaining wall in excess of the foregoing height limitation
when it is determined that the same is necessary for the
proper safety and preservation of persons or property.
Notwithstanding the above, no fence or wall shall be erected
or constructed within fifty feet of an intersection without
obtaining prior authorization of the Building Inspector and
13
Highway Superintendent. Where corner sight distances are
required for traffic safety, permissible heights will be
reduced as required by the Town Highway Superintendent and
Town Building Inspector.
approves limited relief from the four and six foot front and side
yard fence height requirements provided in § 232-11(A) of the Code
of the Town of Copake, which are unreasonably burdensome in light
Facility. Fence height shall comply with public safety
requirements of National Fire Protection Association (NFPA)
Section 70-17 (to deter access by persons who are not qualified),
incorporated into the New York State Uniform Fire Prevention and
Building Code. The Permittee shall comply with the substantive
provisions of § 232-16.12(F)(6)(a)(4) of the Code of the Town of
Copake for fence height and signage as described in Exhibit 24
(Revision 3): Local Laws and Ordinances (Record 96) and depicted
in Appendix 5-1 (Revision 3): Civil Design Drawings (Record 97).
Excavation
(13) § 232-11(I)(1) Excavation
The Permittee requested limited relief from § 232-11(I)(1) of the
Code of the Town of Copake, which provides:
Excavations shall be permitted only for agricultural use, as

excavation for development for which a building permit has
been obtained, or for extractive operations for which a
special use permit has been issued and any and all required
mining or other permits from the New York State Department of
Environmental Conservation or other entity with legal
jurisdiction have been obtained. Such excavation shall not
affect natural drainage. All excavations shall meet all NYS
DEC stormwater requirements.

approves partial relief from § 232-11(I)(1) of the Code of the
Relief is respectfully limited to the proposed grading areas for
tax parcels SBL: 144.-1-34, 144.-1-6, 155.-1-4.111, 155.-1-5, and
14
155.-1-56.120, as described in Exhibit 24 (Revision 3): Local Laws
and Ordinances (Record 96) and as depicted in Figure 24-1 (Revision
2) and Figure 24-2 (Revised) (Record 96), and as modified to meet
the applicable substantive driveway requirements of the Code of
the Town of Copake. (See also subpart 6(a) of this Permit.) As it
relates to drainage and stormwater requirements, the Office
clarifies that the Permittee shall comply with 19 NYCRR § 900-
2.14(c)(1) and (2) and 19 NYCRR § 900-10.2(a).
Interconnection Facilities
(14) § 232-16.12(F)(6)(a)(15) Undergrounding Requirement
The Permittee requested partial relief from § 232-
16.12(F)(6)(a)(15) of the Code of the Town of Copake, to the extent
applicable to the interconnection line that will be constructed
above ground where the Facility collection substation will connect
to the existing NYSEG Craryville Substation. This section
provides:
All transmission lines and wiring associated with a Tier 4

solar energy system shall be buried and include necessary
encasements in accordance with the National Electric Code and
Town of Copake requirements. The applicant is required to
show the locations of all proposed overhead and underground
electric utility lines, including substations and junction
boxes and other electrical components for the project on the
site plan. All transmission lines and electrical wiring shall
be in compliance with the utility company's requirements for
interconnection.

Facility. Relief is respectfully limited to approximately 200 feet
of aboveground transmission line extending from the Facility
collection substation to the existing NYSEG Craryville Substation
crossing tax parcel SBL 144.-1-6 as described in Exhibit 24
(Revision 3): Local Laws and Ordinances (Record 96) and depicted
in Appendix 5-4 (Revision 2): Collector Substation and
Transmission Line (Record 72). The Office clarifies that all other
15
collection lines shall be located underground and shall include
the necessary encasements in accordance with the National Electric
Code and applicable substantive Town requirements.
(15) § 232-16.12(F)(6)(a)(2) Solar Facility Buffers
The Permittee requested partial relief from § 232-

16.12(F)(6)(a)(2) of the Code of the Town of Copake, which states:
There shall be a minimum one-hundred-foot buffer between any

component of the Tier 4 solar energy system and the parcel
boundary line. The Planning Board is authorized to increase
the width of this buffer after analysis of site conditions
and adjacent land uses.

approves limited relief from § 232-16.12(F)(6)(a)(2) of the Code
Facility. Relief is respectfully limited to the parcel described
as “Lands N/F Rasweiller Angus Farm, LLC, BK 596, P. 766 (Farm I,
Parcel 1) S.B.L. 144.-1-6” Columbia County, as depicted in Appendix
4-1: Boundary Survey (Record 34) initially filed on May 4, 2022
and supplemented on July 29, 2022 (Record 47), and Figure 4-1
(Revised): Real Property Map (Record 92), limited to the distance
between the western lot line of the above-noted parcel and
Permittee’s proposed collection substation and associated
interconnection components within said parcel, as depicted in
Appendix 5-1 (Revision 3): Civil Design Drawings (Part 2 of 3)
(Record 97).
Decommissioning
(16) § 232-16.12(H)(2) Decommissioning Removal
The Permittee requested limited relief from § 232-16.12(H)(2) of
the Code of the Town of Copake as it applies to removal of
infrastructure located greater than four (4) feet below grade, and
as it applies to grading restoration, in agricultural lands. This
section provides:
16
A Tier 3 or Tier 4 solar energy system which has been inactive
for a period of one year shall be decommissioned and removed
at the owner's or operator's expense, and the site remediated.
A Tier 4 system that has not generated energy for sale to the
grid or otherwise to off-site users for a continuous period
of one year shall be deemed "inactive." Upon such failure to
maintain operation and activity, all approvals and permits
issued in relation to such system or facility, including
special use permit and site plan approval, shall terminate.
Decommissioning and remediation shall include removal of the
energy system and all its components, associated structures,
fixtures, equipment, fencing, and other improvements,
including any subsurface wires, footings, or other elements
from the parcel. Any access roads created for building or
maintaining the system shall also be removed and replanted
with vegetation. The site terrain shall be restored and
regraded, if necessary, to a condition generally comparable
to its original condition and replanted with native
vegetation.

approves limited relief and elects not to apply this section to
components located greater than four (4) feet below grade in
agricultural land, which is unreasonably burdensome in light of
CLCPA targets and the environmental benefits of the Facility.
Additionally, the Office elects not to apply the requirement to

regrade the Facility Site to a condition comparable to its original
condition in agricultural land, provided that the Permittee’s
Final Decommissioning and Site Restoration Plan for areas
currently classified as active agricultural lands (i.e., land in
active agriculture production defined as active three (3) of the
last five (5) years) within NYS Agricultural Land Classified
Mineral Soil Groups 1 through 4) shall comply to the maximum extent
practicable with the New York State Department of Agriculture and
Markets Guidelines for Solar Energy Projects – Construction
Mitigation for Agricultural Lands (Revision 10/18/2019).
The Permittee shall comply with the requirements set forth in 19

NYCRR § 900-2.16 and the standard to avoid, minimize, and mitigate
potential significant adverse impact(s) to agricultural resources
17
to the maximum extent practicable. Further, the Permittee shall
comply with all other substantive requirements of § 232-
16.12(H)(2) of the Code of the Town of Copake and the
decommissioning and site restoration requirements specified in 19
NYCRR §§ 900-2.24(c), 900-6.6(b) and 900-10.2(b).
The Office further clarifies that relief is not provided for the
Permittee’s request for access roads to remain on the site if
requested by the participating landowner.
(17) § 232-16.12(H)(4) Decommissioning Security

The Permittee requested relief from the required amount of
decommissioning security, as set forth in § 232-16.12(H)(4) of the
Code of the Town of Copake, which prohibits the amount of financial
security for decommissioning to be reduced by the expected salvage
value of the facility components. This section provides:
Prior to the issuance of any permits for a Tier 3 or Tier 4

solar energy system, the Zoning Board will require the
applicant to submit a performance/removal bond or other
financial surety, as directed by and satisfactory to the
Zoning Board, upon advice of the Town's attorney, engineer,
or other professional experts, based upon the decommissioning
cost estimate in an amount satisfactory to the Town of Copake,
to ensure the removal of the system, its components, and
associated structures, fixtures, equipment, fencing, or other
improvements, and the remediation of the site. The amount of
financial security shall not be reduced by the expected
salvage value of the facility components. In the event that
the Tier 3 or Tier 4 solar energy system is not removed within
one year of becoming inactive or the site is not remediated
as required, the Town of Copake, by resolution of the Town
Board after 30 days' written notice and opportunity of the
landowner and system operator to be heard, may cause the same
to be removed and the site remediated using the funds from
the performance/removal bond or surety. Notice sent by first-
class United States mail to the property owner, as reflected
in the Town real property records, to the mailing address set
forth therein, and to the energy system owner/operator, at
the address for notice set forth in the application, as may
be amended or superseded by written notice to the Town Clerk,
18
shall be sufficient notice. Notwithstanding the forgoing, any
Tier 4 solar energy system and any associated battery energy
storage systems sited pursuant to Article 10 of the Public
Service Law or Article 94-c of the Executive Law shall be
required to obtain a letter of credit in an amount
satisfactory to the Town of Copake, to ensure the removal of
the systems, their components, and associated structures,
fixtures, equipment, fencing, or other improvements, and the
remediation of the site. The amount of the letter of credit
shall not be reduced by the salvage value of facility
components.

approves the requested limited relief and elects not to apply the
requirements for determining the amount of decommissioning
security in § 232-16.12(H)(4) of the Code of the Town of Copake,
which are unreasonably burdensome in light of the CLCPA targets
and the environmental benefits of the Facility. The Permittee shall
comply with all other substantive provisions of § 232-16.12(H)(4)
of the Code of the Town of Copake. The Permittee shall provide
decommissioning and site restoration security in amounts meeting
the requirements specified in subpart 5.6(b) of this Permit and
consistent with 19 NYCRR §§ 900-2.24(c), 900-6.6(b) and 900-
10.2(b).
Driveway Islands
(18) § 232-11(E)(12)(d) Driveway Islands
The Permittee requested relief from § 232-11(E)(12)(d) of the Code
of the Town of Copake. This section provides:
Island areas shall be required to define the location of

driveways and to create a median strip between the Town
highway surface and facilities on adjacent properties. The
island areas shall have a minimum length of twenty (20) feet
and a minimum width of six (6) feet.
the Permittee’s request for relief from § 232-11(E)(12)(d) of the
Code of the Town of Copake. The Permittee shall comply with
19
requirements of § 232-11(E)(12)(d) of the Code of the Town of
Copake.
(19) § 232-11(E)(12)(e) Driveway Islands

The Permittee requested relief from § 232-11(E)(12)(e) of the Code
of the Town of Copake. This section provides:
Island areas shall be defined by six-inch curb guardrails or

other suitable materials and shall have grass or blacktop
surfaces.
the Permittee’s request for relief from § 232-11(E)(12)(e) of the
Code of the Town of Copake. The Permittee shall comply with
requirements of § 232-11(E)(12)(e) of the Copake Town Code.
(b) Additional Findings

Control Schedule [3 acre average lot size for Rural
Residential District]
Based upon the Code of the Town of Copake and record of this case,
the Office respectfully determines that the 3 acre average lot
size for the Rural Residential District in § 232-8(A) Area and
dimension regulations and Table 1. Density Control Schedule are
not applicable substantive provisions for the proposed Facility,
which does not include any subdivision of land,2 and that the
applicable substantive provisions of local law regarding lot size
shall be § 232-16.12(F)(5)(a)(1) of the Code of the Town of Copake.

Control Schedule [20% Lot Coverage for Rural Residential
District]
The Code of the Town of Copake is generally organized by Chapters,
Articles, and Sections. The Permittee requested relief from
Chapter 232 (Zoning), Article IV (District Regulations), § 232-8
(Area and dimension regulations) A (Density control schedule).
2The Office further respectfully notes § 232-3 defines average lot size
as, “[t]he average size of all lots to be subdivided from a parcel.”
20
Local Law 1 of 2020 titled “Revisions to the Copake Town Code as
it pertains to Solar Energy Facilities” is provided in the Code of
the Town of Copake in Chapter 232 (Zoning), Article VI (Regulations
for Specific Uses), § 232-16.12 (solar energy facilities law).
Chapter 232 (Zoning), Article VI (Regulations for Specific Uses),
§ 232-16.12(A)(4) of the solar energy facilities law provides:
Intent: greater restrictions to prevail. It is not intended

by this article to abrogate or impair existing conditions
previously made or permits previously issued relating to the
use of buildings. Whenever this article [Article VI] imposes
a greater restriction upon the use of buildings or premises
than is required by existing provisions of law, ordinance, or
regulations, the provisions of this article [Article VI]
shall control.
Article IV § 232-8(A) and Table 1. of the Code of the Town of

Copake provides:

chapter as “Table 1. Density Control Schedule.”

“Max Lot Coverage Including Impervious Surfaces” further states:
20%
Article VI § 232-16.12(F)(5)(a)(2) provides:
A Tier 4 solar energy system may occupy up to 20% of the area

of the parcel on which it is located; provided, however, that
the area of land used for any such system shall not exceed 10
acres. This land area occupied or used shall be deemed to
include all land under or between any system components within
the general perimeter of the system as a whole, but shall not
include the area within the twenty-five-foot buffer between
the system components and the surrounding security fencing.
21
Chapter 232 (Zoning), Article VI (Regulations for Specific Uses),
§ 232-16.12(F)(5)(a)(2) provides a maximum area limit of 10 acres,
but Chapter 232 (Zoning), Article IV (District Regulations), §
232-8 (Area and dimension regulations) A (Density control
schedule) does not provide a maximum area limit. A plain reading
of these two provisions indicates Article VI imposes a greater
restriction upon the use of buildings and premises than Article IV
(as presented in Exhibit 24 (Revision 3): Local Laws and Ordinances
Table 24-3 (Record 96)). Accordingly, Article VI controls.
(3) Wetlands Restoration and Mitigation Plan

The note at 19 NYCRR § 900-2.15(g), Table 1, stating that “*No
enhancements or mitigation required with 75 foot or more setback”
only applies when all impacts requiring mitigation are avoided
within the first 75 feet of the Adjacent Area. Pursuant to 19 NYCRR
§§ 900-2.15(g) and 900-10.2(f)(2), a final Wetland Restoration and
Mitigation Plan shall be submitted for any unavoided impacts to
State regulated wetlands and adjacent areas.
(4) Minimum Parcel Size

The Columbia County 2023 Final Assessment Roll published on
Columbia County’s Real Property Tax Service Agency Assessments for
The Town of Copake at page 585 lists Tax Map Parcel Number 144.-
1-27.100 containing 15.29 acres.
(5) Code of the Town of Copake Chapter 135 Flood Damage Prevention
Pursuant to Executive Law § 94-c(4)(a) and 19 NYCRR § 900-6.1(d),
the Permittee shall obtain any necessary approval from the
pertinent agency before the start of construction or any other
development within any area of special flood hazard and comply
with applicable substantive provisions of Chapter 135 of the Code
of the Town of Copake (Flood Damage Prevention). (See also subpart
6(i) of this Permit.)
5. UNIFORM STANDARDS AND CONDITIONS (19 NYCRR subpart 900-6)
The Permittee shall comply with the following USCs during

construction and operation of the Facility over the life of this
Permit. Certain USCs are not applicable, as noted below, due to
22
the fact that the Facility has been designed to comply with the
USC and/or avoid impacts to a particular resource, the resource is
not present at this Facility, or the specific technology proposed
renders the USC inapplicable.
5.1. Facility Authorization (19 NYCRR § 900-6.1):
(a) Compliance. The Permittee shall implement any impact

avoidance, minimization and/or mitigation measures identified
in the exhibits, compliance filings and/or contained in a
specific plan required under 19 NYCRR Part 900, as approved
by the Office. If there is any discrepancy between an exhibit
or compliance filing and a permit condition, the Permittee
shall comply with the permit condition and notify the Office
immediately for resolution.
(b) Property Rights. Issuance of a siting permit does not convey

any rights or interests in public or private property. The
Permittee shall be responsible for obtaining all real
property, rights-of-way (ROW), access rights and other
interests or licenses in real property required for the
construction and operation of the facility.
(c) Eminent Domain. Issuance of a siting permit to a Permittee

that is an entity in the nature of a merchant generator and
not in the nature of a fully regulated public utility company
with an obligation to serve customers does not constitute a
finding of public need for any particular parcel of land such
that a condemner would be entitled to an exemption from the
provisions of Article 2 of the New York State Eminent Domain
Procedure Law (“EDPL”) pursuant to Section 206 of the EDPL.
(d) Other Permits and Approvals. Prior to the Permittee’s

commencement of construction, the Permittee shall be
responsible for obtaining all necessary federal and
federally-delegated permits and any other approvals that may
be required for the facility and which the Office is not
empowered to provide or has expressly authorized. In
addition, the Office expressly authorizes:
23
(1) The Public Service Commission (PSC) to require
approvals, consents, permits, other conditions for the
construction or operation of the facility under PSL
Sections 68, 69, 70, and Article VII, as applicable,
with the understanding that the PSC will not duplicate
any issue already addressed by the Office and will
instead only act on its police power functions related
to the entity as described in the body of this siting
permit;
(2) The New York State Department of Transportation (NYSDOT)

to administer permits associated with
oversize/overweight vehicles and deliveries, highway
work permits, and associated use and occupancy approvals
as needed to construct and operate the facility; and
(3) The pertinent agency to implement the New York State

Uniform Fire Prevention and Building Code.
(e) Water Quality Certification. Prior to commencing

construction, the Permittee shall request and obtain from the
Office a water quality certification pursuant to Section 401
of the Clean Water Act, if required.
(f) Host Community Benefits. The Permittee shall provide host

community benefits, such as Payments in Lieu of Taxes
(PILOTs), other payments pursuant to a host community
agreement, or other project(s) agreed to by the host
community.
(g) Notice to Proceed with Construction. The Permittee and its

contractors shall not commence construction until a “Notice
to Proceed with Construction” has been issued by the Office.
Such Notice will be issued promptly after all applicable pre-
construction compliance filings have been filed by the
Permittee and approved by the Office. The Notice will not
be unreasonably withheld. The Office may issue a conditional
“Notice to Proceed with Site Preparation” for the removal of
trees, stumps, shrubs, and vegetation from the facility site
as indicated on Office-approved site clearing plans to clear
the facility site for construction, as well as setting up and
24
staging of the laydown yard(s), including bringing in
equipment, prior to the submission of all pre-construction
compliance filings.
(h) Expiration. The siting permit will automatically expire if

the facility does not achieve commencement of commercial
operation within seven (7) years from the date of issuance.
(i) Partial Cancellation. If the Permittee decides not to

commence construction of any portion of the facility, it shall
so notify the Office promptly after making such decision.
Such decisions shall not require a modification to the siting
permit unless the Office determines that such change
constitutes a major modification to the siting permit
pursuant to 19 NYCRR § 900-11.1.
(j) Deadline Extensions. The Office may extend any deadlines

established by the siting permit for good cause shown. Any
request for an extension shall be in writing, include a
justification for the extension, and be filed at least
fourteen (14) business days prior to the applicable deadline.
(k) Office Authority. The Permittee shall regard New York State
Department of Public Service (NYSDPS) staff, authorized
pursuant to PSL § 66(8), as the Office’s representatives in
the field. In the event of any emergency resulting from the
specific construction or maintenance activities that violate,
or may violate, the terms of the siting permit, compliance
filings or any other supplemental filings, such NYSDPS staff
may issue a stop work order for that location or activity
5.2. Notifications (19 NYCRR § 900-6.2):
(a) Pre-Construction Notice Methods. At least fourteen (14)

business days prior to the Permittee’s commencement of
construction date, the Permittee shall notify the public as
follows:
25
(1) Provide notice by mail to all persons residing within
one (1) mile of a solar facility or within five (5) miles
of a wind facility (NOT APPLICABLE);
(2) Provide notice to local Town and County officials and

emergency personnel;
(3) Publish notice by mail in the local newspapers of record

for dissemination, including at least one free
publication, if available (e.g., Pennysaver);
(4) Provide notice for display in public places, which shall

include, but not be limited to, the Town Halls of the
host municipalities, at least one (1) library in each
host municipality, at least one (1) post office in each
host municipality, the facility website, and the
facility construction trailers/offices; and
(5) File notice with the Office for posting on the Office
website.
(b) Proof of Notice to Office. At least fourteen (14) business

days prior to commencement of construction, the Permittee
shall file with the Office an affirmation that it has provided
the notifications required by subdivision (a) of this section
and include a copy of the notice(s), as well as a distribution
list.
(c) Post-Construction Notice. Prior to the completion of

construction, the Permittee shall notify the entities
identified in paragraphs (a)(1)-(5) of this section with the
contact name, telephone number, email and mailing address of
the facility operations manager, as well as all information
required in subdivision (d)(1)-(2) and (4)-(7) of this
section.
(d) Contents of Notice. The Permittee shall write the notice(s)

required in subdivisions (a) and (c) of this section in plain
language reasonably understandable to the average person and
shall ensure that the notice(s) contain(s):
26
(1) A map of the facility;
(2) A brief description of the facility;
(3) The construction schedule and transportation routes;
(4) The name, mailing address, local or toll-free telephone

number, and email address of the appropriate facility
contact for development, construction, and operations;
(5) The procedure and contact information for registering a

complaint;
(6) Contact information for the Office and the NYSDPS; and
(7) A list of public locations where information on the

facility, construction, and the Permittee will be
posted.
(e) Notice of Completion of Construction and Restoration. Within

fourteen (14) days of the completion of final post-
construction restoration, the Permittee shall notify the
NYSDPS, with a copy to the Office, that all such restoration
has been completed in compliance with the siting permit and
applicable compliance filings and provide an anticipated date
of commencement of commercial operation of the facility.
5.3. General Requirements (19 NYCRR § 900-6.3):
(a) Local Laws. The Permittee shall construct and operate the
facility in accordance with the substantive provisions of the
applicable local laws as identified in 19 NYCRR § 900-2.25,
except for those provisions of local laws that the Office
determined to be unreasonably burdensome, as stated in the
siting permit.
(b) Federal Requirements. The Permittee shall construct and

operate the facility in a manner that conforms to all
applicable federal and federally-delegated permits identified
in 19 NYCRR § 900-2.26. If relevant facility plans require
modifications due to conditions of federal permits, the final
27
design drawings and all applicable compliance filings shall
be revised accordingly and submitted for review and approval
(c) Traffic Coordination. The Permittee shall coordinate with

State, county, and local highway agencies to respond to and
apply applicable traffic control measures to any locations
that may experience any traffic flow or capacity issues.
5.4. Facility Construction and Maintenance (19 NYCRR § 900-6.4):
(a) Construction Hours. Construction and routine maintenance

activities on the facility shall be limited to 7 a.m. to 8
p.m. Monday through Saturday and 8 a.m. to 8 p.m. on Sunday
and national holidays, with the exception of construction and
delivery activities, which may occur during extended hours
beyond this schedule on an as-needed basis.
(1) Construction work hour limits apply to facility

construction, maintenance, and to construction-related
activities, including maintenance and repairs of
construction equipment at outdoor locations, large
vehicles idling for extended periods at roadside
locations, and related disturbances. This condition
shall not apply to vehicles used for transporting
construction or maintenance workers, small equipment,
and tools used at the facility site for construction or
maintenance activities.
(2) If, due to safety or continuous operation requirements,

construction activities are required to occur beyond the
allowable work hours, the Permittee shall notify the
NYSDPS, the Office, affected landowners and the
municipalities. Such notice shall be given at least
twenty-four (24) hours in advance, unless such
construction activities are required to address
emergency situations threatening personal injury,
property, or severe adverse environmental impact that
arise less than twenty-four (24) hours in advance. In
such cases, as much advance notice as is practical shall
be provided.
28
(b) Environmental and Agricultural Monitoring.
(1) The Permittee shall hire an independent, third-party

environmental monitor to oversee compliance with
environmental commitments and siting permit
requirements. The environmental monitor shall perform
regular site inspections of construction work sites and,
in consultation with the NYSDPS, issue regular reporting
and compliance audits.
(2) The environmental monitor shall have stop work authority

over all aspects of the facility. Any stop work orders
shall be limited to affected areas of the facility.
Copies of the reporting and compliance audits shall be
provided to the host town(s) upon request.
(3) The Permittee shall identify and provide qualifications

and contact information for the independent, third-party
environmental monitor to the NYSDPS, with a copy to the
Office.
(4) If the environmental monitor is not qualified, the

Permittee shall also retain an independent, third-party
agriculture-specific environmental monitor as required
in 19 NYCRR § 900-6.4(s).
(5) The Permittee shall ensure that its environmental

monitor and agricultural monitor are equipped with
sufficient access to documentation, transportation, and
communication equipment to effectively monitor the
Permittee’s contractor’s compliance with the provisions
of the siting permit with respect to such Permittee’s
facility components and to applicable sections of the
Public Service Law, Executive Law, Environmental
Conservation Law, and Clean Water Act Section 401 Water
Quality Certification.
(c) Pre-Construction Meeting. At least fourteen (14) days before

the commencement of construction, the Permittee shall hold a
pre-construction meeting with staff of the Office, NYSDPS,
New York State Department of Environmental Conservation
29
(NYSDEC), New York State Department of Agriculture and
Marketing (NYSAGM), NYSDOT, municipal supervisors/mayors and
highway departments, and county highway departments. The
balance of plant (BOP) construction contractor, the
agricultural monitor and environmental monitor shall be
required to attend the pre-construction meeting.
(1) An agenda, the location, and an attendee list shall be

agreed upon between staff of the Office and the NYSDPS
and the Permittee and distributed to the attendee list
at least one (1) week prior to the meeting;
(2) Maps showing designated travel routes, construction

worker parking and access road locations and a general
facility schedule shall be distributed to the attendee
list at least one (1) week prior to the meeting;
(3) The Permittee shall supply draft minutes from this

meeting to the attendee list for corrections or
comments, and thereafter the Permittee shall issue the
finalized meeting minutes; and
(4) If, for any reason, the BOP contractor cannot finish
the construction of the facility, and one (1) or more
new BOP contractors are needed, there shall be another
pre-construction meeting with the same format as
outlined in this section.
(d) Construction Reporting and Inspections. During facility

construction, the Permittee shall report construction status
and support inspections as follows:
(1) Every two (2) weeks, the Permittee shall provide NYSDPS
and Office staff, and the host municipalities with a
report summarizing the status of construction
activities, and the schedule and locations of
construction activities for the next two (2) weeks.
(2) Prior to entry onto the facility site for on-site

inspections, the Permittee shall conduct a tailgate
meeting to communicate required safety procedures and
30
worksite hazards to site inspectors.
(3) The Permittee shall accommodate reviews of any of the

following during a monthly inspection and at other times
as may be determined by NYSDPS staff:
(i) The status of compliance with siting permit

conditions;
(ii) Field reviews of the facility site;
(iii)Actual or planned resolutions of complaints;
(iv) Significant comments, concerns, or suggestions made

by the public, municipalities, or other agencies
and indicate how the Permittee has responded to the
public, local governments, or other agencies; and
(v) The status of the facility in relation to the

overall schedule established prior to the
commencement of construction; and
(vi) Other items the Permittee, NYSDPS staff, or Office

staff consider appropriate.
(4) After every monthly inspection, the Permittee shall

provide the municipalities and agencies involved in the
inspection with a written record of the results of the
inspection, including resolution of issues and
additional measures to be taken.
(e) Flagging. At least two (2) weeks before tree clearing or

ground disturbing activities, the Permittee shall stake or
flag the planned limits of disturbance (LOD), the boundaries
of any delineated NYS-regulated wetlands, waterbodies or
streams in the LOD (as identified in the delineations prepared
pursuant to 19 NYCRR §§ 900-1.3(e) and (f)), and any known
archeological sites identified in the approved Cultural
Resources Avoidance, Minimization and Mitigation Plan
required in 19 NYCRR § 900-10.2(g), all on or off ROW access
roads, limits of clearing and other areas needed for
31
construction, including, but not limited to, turbine (NOT
APPLICABLE) or solar array work areas, proposed infiltration
areas for post-construction stormwater management, and
laydown and storage areas. In addition, archeological sites
shall be surrounded with construction fencing and a sign
stating restricted access.
(f) Dig Safely NY. Prior to the commencement of construction, the

Permittee shall become a member of Dig Safely New York. The
Permittee shall require all contractors, excavators, and
operators associated with its facilities to comply with the
requirements of the PSC’s regulations regarding the
protection of underground facilities at 16 NYCRR Part 753.
(g) Natural Gas Pipeline Cathodic Protection. The Permittee shall

contact all pipeline operators within the facility site and
land owners, if necessary, on which facility components are
to be located or whose property lines are within the zone of
safe siting clearance, if any, and shall reach an agreement
with each operator to provide that the facility’s collection
and interconnection systems will not damage any identified
pipeline’s cathodic protection system or produce damage to
the pipeline, either with fault current or from a direct
strike of lightning to the collection and interconnection
systems, specifically addressing 16 NYCRR § 255.467 (External
corrosion control; electrical isolation).
(h) Pole Numbering. The Permittee shall comply with all

requirements of the PSC’s regulations regarding
identification and numbering of above-ground utility poles at
16 NYCRR Part 217.
(i) Fencing. All mechanical equipment, including any structure

for storage of batteries, shall be enclosed by fencing of a
minimum height of seven (7) feet with a self-locking gate to
prevent unauthorized access.
(j) Air Emissions. To minimize air emissions during construction,

the Permittee shall:
32
(1) Prohibit contractors from leaving generators idling when
electricity is not needed and from leaving diesel engines
idling when equipment is not actively being used;
(2) Implement dust control procedures to minimize the amount

of dust generated by construction activities in a manner
consistent with the Standards and Specifications for
Dust Control, as outlined in the New York State Standards
and Specifications for Erosion and Sediment Control (see
19 NYCRR § 900-15.1(i)(1)(i));
(3) Use construction equipment powered by electric motors

where feasible, or by ultra-low sulfur diesel; and
(4) Dispose or reuse cleared vegetation in such a way that

that minimizes greenhouse gas emissions (e.g., lumber
production or composting).
(k) Construction Noise. To minimize noise impacts during

construction, the Permittee shall:
(1) Maintain functioning mufflers on all transportation and

construction machinery;
(2) Respond to noise and vibration complaints according to

the complaint resolution protocol approved by the Office;
and
(3) Comply with all substantive provisions of all local laws

regulating construction noise unless they are waived.
(l) Visual Mitigation.
(1) Wind Facilities. The Permittee shall implement the

approved Visual Impacts Minimization and Mitigation Plan
required in 19 NYCRR § 900-2.9, including the following:
(NOT APPLICABLE)
(i) Adoption of visual design features requirements;

(NOT APPLICABLE)
33
(ii) Visual contrast minimization and mitigation
measures; (NOT APPLICABLE)
(iii)Operational effects minimization measures,

including shadow flicker minimization mitigation
and other measures necessary to achieve a maximum
of thirty (30) hours annually at any non-
participating residential receptor, subject to
verification using shadow prediction and
operational controls at appropriate wind turbines;
(NOT APPLICABLE)
(iv) Lighting Plan; (NOT APPLICABLE) and
(v) Screen Planting Plans. (NOT APPLICABLE)
(2) Solar Facilities. The Permittee shall implement the

approved Visual Impacts Minimization and Mitigation Plan
as required in 19 NYCRR § 900-2.9, including the
following:
(i) Visual contrast minimization and mitigation

measures;
(ii) Lighting Plan;
(iii)Solar glare mitigation requirements; and
(iv) Screen Planting Plans.
(3) Screen Planting Plans. The Permittee shall retain a

qualified landscape architect, arborist, or ecologist to
inspect the screen plantings for two (2) years following
installation to identify any plant material that did
not survive, appears unhealthy, and/or otherwise needs
to be replaced. The Permittee shall remove and replace
plantings that fail in materials, workmanship, or growth
within two (2) years following the completion of
installing the plantings. (See also subpart 6(f) of this
Permit.)
34
(m) General Environmental Requirements.
(1) Limits of Disturbance (LOD). Construction shall not

directly disturb areas outside the construction limits
shown on the design drawings.
(2) Blasting. Blasting shall be designed and controlled to

meet the limits for ground vibration set forth in United
States Bureau of Mines Report of Investigation 8507
Figure B-1 (see 19 NYCRR § 900-15.1(k)(1)(i)) and air
overpressure shall be under the limits set forth in the
Conclusion Section in United States Bureau of Mines
Report of Investigation 8485 (USBM RI 8507 and USBM RI
8485 (see 19 NYCRR § 900-15.1(k)(1)(ii)) to protect
structures from damage. (NOT APPLICABLE)
(3) Karst. Blasting operations in locations where

geotechnical investigations confirm the presence of
subsurface karst features shall be limited or performed
under specific procedures recommended for those
locations by a geotechnical engineer licensed to
practice in the State of New York. (NOT APPLICABLE)
(4) E&S Materials. Permanent erosion control fabric or

netting used to stabilize soils prior to establishment
of vegetative cover or other permanent measures shall be
one hundred (100) percent biodegradable natural product,
excluding silt fence. Use of hay for erosion control or
other construction-related purposes is prohibited to
minimize the risk of introduction of invasive plant
species.
(5) Spill Kits. All construction vehicles and equipment

shall be equipped with a spill kit. All equipment shall
be inspected daily for leaks of petroleum, other fluids,
or contaminants; equipment may only enter a stream
channel if found to be free of any leakage. Any leaks
shall be stopped and cleaned up immediately. Spillage of
fuels, waste oils, other petroleum products or hazardous
materials shall be reported to the NYSDEC’s Spill
Hotline within two (2) hours, in accordance with the
35
NYSDEC Spill Reporting and Initial Notification
Requirements Technical Field Guidance (see 19 NYCRR §
900-15.1(i)(1)(iii)). The Office and the NYSDPS shall
also be notified of all reported spills in a timely
manner.
(6) Construction Debris. Any debris or excess construction

materials shall be removed to a facility duly authorized
to receive such material. No burying of construction
debris or excess construction materials is allowed.
(7) Clearing Areas. Tree and vegetation clearing shall be

limited to the minimum necessary for facility
construction and operation, and as detailed on final
construction plans.
(8) Clearing Methods. When conducting clearing, the

Permittee shall:
(i) Comply with the provisions of 6 NYCRR Part 192,

Forest Insect and Disease Control, and ECL § 9-1303
and any quarantine orders issued thereunder;
(ii) Not create a maximum wood chip depth greater than

three (3) inches, except for chip roads (if
applicable), nor store or dispose wood chips in
wetlands, within stream banks, delineated
floodways, or active agricultural fields;
(iii)Not dispose of vegetation or slash by burning

anywhere or burying within a wetland or adjacent
area; and
(iv) Coordinate with landowners to salvage merchantable

logs and fuel wood. Where merchantable logs and
fuel wood will not be removed from the facility
site during clearing activities, final construction
plans shall indicate locations of stockpiles to be
established for removal from site or future
landowner resource recovery.
36
(9) Invasive Insects. To control the spread of invasive
insects, the Permittee shall provide training for
clearing and construction crews to identify the Asian
Longhorn Beetle and the Emerald Ash Borer and other
invasive insects of concern as a potential problem at
the facility site. If these insects are found, they shall
be reported to the NYSDEC as soon as practicable.
(n) Water Supply Protection.
(1) For wind facilities: (NOT APPLICABLE)
(i) No wind turbine shall be located within one hundred

(100) feet of an existing, active water supply well
or water supply intake. (NOT APPLICABLE)
(ii) Blasting shall be prohibited within five hundred

(500) feet of any known existing, active water
supply well or water supply intake on a non-
participating property. (NOT APPLICABLE)
(iii)The Permittee shall engage a qualified third party

to perform pre- and post- construction testing of
the potability of water wells within the below
specified distances of construction disturbance
before commencement of construction and after
completion of construction to ensure the wells are
not impacted, provided the Permittee is granted
access by the property owner. (NOT APPLICABLE)
a. Collection lines or access roads within one

hundred (100) feet of an existing, active
water supply well on a non-participating
property; (NOT APPLICABLE)
b. Blasting within one thousand (1,000) feet of

an existing, active water supply well on a non-
participating property; (NOT APPLICABLE) and
c. Horizontal Directional Drilling (HDD)

operations within five hundred (500) feet of
37
an existing, active water supply well on a
non-participating property. (NOT APPLICABLE)
(iv) Should the third-party testing, as required by

subparagraph (iii) of this paragraph, conclude that
the water supplied by an existing, active water
supply well met federal (see 19 NYCRR § 900-
15.1(j)(1)(i)) and state standards for potable
water (see 10 NYCRR Part 75, Appendix 75-c) prior
to construction, but failed to meet such standards
after construction as a result of facility
activities, the Permittee shall cause a new water
well to be constructed, in consultation with the
property owner, at least one hundred (100) feet
from collection lines and access roads, and at
least five hundred (500) feet from wind turbines,
as practicable given siting constraints and
landowner preferences. The results of such tests
and reports shall be made available to the relevant
municipalities upon request. (NOT APPLICABLE)
(2) For solar facilities:
(i) Pier and post driving activities, except for fence

and utility poles, shall be prohibited within one
hundred (100) feet of any existing, active drinking
water supply well; use of earth screws is permitted.
(ii) If required, blasting shall be prohibited within

five hundred (500) feet of any known existing,
active water supply well or water supply intake on
a non-participating property. (NOT APPLICABLE)
(iii)The Permittee shall engage a qualified third party

to perform pre- and post- construction testing of
the potability of water wells within the below
specified distances of construction disturbance
before commencement of civil construction and after
completion of construction to ensure the wells are
not impacted, provided the Permittee is granted
access by the property owner:
38
a. Collection lines or access roads within one

hundred (100) feet of an existing, active
water supply well on a non-participating
property;
b. Blasting within one thousand (1,000) feet of

an existing, active water supply well on a
non-participating property; (NOT APPLICABLE)
c. Pier or post installations within two hundred

(200) feet of an existing, active water supply
well on a non-participating property; and
d. HDD operations within five hundred (500) feet

of an existing, active water supply well on a
non-participating property.
(iv) Should the third-party testing conclude that the

water supplied by an existing, active water supply
well met federal (see 19 NYCRR § 900-15.1(j)(1)(i))
and state standards for potable water (see 10 NYCRR
Part 75, Appendix 75-c) prior to construction, but
failed to meet such standards post construction as
a result of facility activities, the Permittee
shall cause a new water well to be constructed, in
consultation with the property owner, at least one
hundred (100) feet from collection lines and access
roads, and at least two hundred (200) feet from all
other facility components. The results of such
tests and reports shall be made available to the
relevant municipalities upon request.
(o) Threatened and Endangered Species.
(1) For facilities that would impact NYS threatened or

endangered species other than NYS threatened or
endangered grassland birds or their habitat, the
Permittee shall implement an approved Net Conservation
Benefit Plan (NCBP) that shall include the following:
39
(i) A demonstration that the NCBP results in a positive
benefit on each of the affected species;
(ii) Detailed explanation of the net conservation

benefit to the species based on the actual location
and type of minimization measures to be taken for
each of the affected species;
(iii)Full source information supporting a determination

as to the net conservation benefit for each of the
affected species;
(iv) A consideration of potential minimization and

mitigation measures for each of the affected
species;
(v) A consideration of potential sites for mitigation

measures for each of the affected species;
(vi) The identification and detailed description of the

mitigation actions that will be undertaken by the
Permittee to achieve a net conservation benefit to
the affected species, including, if applicable,
payment of a required mitigation fee into the
Endangered and Threatened Species Mitigation Fund
established pursuant to section 99(hh) of the New
York State Finance Law; and
(vii)To the extent that physical mitigation will be

performed, a letter or other indication of the
Permittee’s financial and technical capability and
commitment to fund and execute such management,
maintenance, and monitoring for the life of the
facility/term of the siting permit.
(2) For facilities determined pursuant to the procedures set

forth in § 900-2.13(e)(2) to have de minimis impacts to
NYS threatened or endangered grassland birds:
(i) If an active nest is identified within the facility

site prior to or during construction, and the
40
facility results in adverse impacts to the nest or
grasslands twenty-five (25) acres or more in size
that were previously (during pre-application) or
newly (prior to or during construction) determined
to be occupied habitat, then the Permittee shall
coordinate with the NYSDPS and the Office to adjust
the limits of disturbance and/or adjust the
construction schedule to avoid work in the area
until nesting has been completed or the Permittee
shall pay into the Endangered and Threatened
Species Mitigation Bank Fund the required
mitigation fee commensurate with the actual acreage
taken.
(3) For facilities that will have more than a de minimis

impact on NYS threatened or endangered grassland birds,
the Permittee shall implement the following as part of
the NCBP:
(i) The Permittee shall implement environmental

monitoring immediately prior to and during
construction in the occupied habitat to search for
NYS threatened or endangered species occurrence
based on the species’ seasonal windows for
presence.
(ii) If active nests of the NYS threatened or endangered

species are found within the occupied habitat, then
the Permittee shall coordinate with the NYSDPS and
the Office to adjust the limits of disturbance
and/or adjust the construction schedule to avoid
work in the area until nesting has been completed.
(iii)To avoid direct impacts to NYS threatened or

endangered grassland bird species, the following
work windows apply for all ground disturbance and
construction-related activities, including
restoration and equipment/component staging,
storage, and transportation, within occupied
habitat:
41
a. In NYS threatened or endangered grassland bird
occupied breeding habitat, work shall be
conducted only between August 16 and April 22;
b. In NYS threatened or endangered grassland bird

occupied wintering habitat, work shall be
conducted only between April 1 and November
14;
c. In areas of the facility where both breeding

and wintering occupied habitat occurs, work
shall be conducted only between August 16 and
November 14, and between April 1 and 22.
(iv) If fields within identified occupied breeding

habitat are planted with row crops (e.g., corn,
beans, or vegetables) in the farming season prior
to the commencement of facility construction and
such fields were historically used for row crops
during at least one of the prior five (5) years,
these fields will not be subject to the
construction timing restrictions set forth in
subparagraphs (iii)(a) and (c) of this paragraph.
(v) If the Permittee has identified construction

activities that must occur between November 15 and
March 31 in identified NYS threatened or endangered
grassland bird occupied wintering habitat, or
between April 23 and August 15 in identified NYS
threatened or endangered grassland bird occupied
breeding habitat outside of row crop areas
described above, the occupied habitat area(s)
proposed for active construction shall be assessed
by an on-site environmental monitor or biologist
who shall conduct surveys for NYS threatened or
endangered grassland bird species. The surveys
shall occur weekly until construction activities
have been completed in the occupied habitat area,
unless otherwise agreed to by the Office. If no NYS
threatened or endangered grassland bird species are
detected during the survey, the area shall be
42
considered clear for seven (7) days, when another
survey shall be performed. If NYS threatened or
endangered grassland bird species are detected, the
Permittee shall comply with subdivision (o)(7) of
this section.
(vi) All temporary disturbance or modification of

established grassland vegetation communities that
occurs as a result of facility construction,
restoration, or maintenance activities shall be
restored utilizing a native herbaceous seed mix or
the pre-existing grassland vegetative conditions by
re-grading and re-seeding with an appropriate
native seed mix after disturbance activities are
completed, unless returning to agricultural
production or otherwise specified by the landowner.
These temporarily disturbed or modified areas
include all areas within the facility site that do
not have impervious cover, such as temporary roads,
material and equipment staging and storage areas,
and electric line rights of way.
(vii)The Permittee shall implement the avoidance and

minimization measures identified in 19 NYCRR § 900-
2.13 and the other conditions herein to minimize
potential take of the species.
(viii) To the extent that the Office has determined that

the facility would result in impacts to grassland
bird occupied habitat requiring mitigation, the
Permittee shall pay the required mitigation fee
commensurate with the actual acreage of occupied
habitat taken into the Endangered and Threatened
Species Mitigation Bank Fund with the sole purpose
to conserve habitat of similar or higher quality or
otherwise achieve a net conservation benefit to the
impacted species.
(ix) If the Permittee proposes an NCBP involving

Permittee-implemented grassland bird habitat
conservation in lieu of payment of a mitigation fee
43
pursuant to subparagraph (viii) of this paragraph,
the required mitigation ratio shall be 0.4 acres of
mitigation for every acre of occupied grassland
bird breeding habitat determined to be taken and
0.2 acres of mitigation for every acre of occupied
grassland bird wintering habitat determined to be
taken. These mitigation requirements are based upon
multiplying impacts by the ratios described above
and dividing impacts by five lifecycles of habitat
succession (e.g., a 30-year mitigation project term
and 5-year timeframe in which unmanaged grassland
would naturally succeed into scrub/shrub habitat,
minus one lifecycle to provide a net conservation
benefit).
(4) For facilities that will impact NYS threatened or

endangered bat species, the Permittee shall implement
the following as part of the NCBP:
(i) No facility component shall be sited or located

within one hundred fifty (150) feet of any known
northern long-eared bat maternity roost, within
five hundred (500) feet of any known Indiana bat
maternity roost, or one quarter (0.25) mile of any
known northern long-eared bat or Indiana bat
hibernaculum.
(ii) If at any time during the life of the facility, an

active NYS threatened or endangered bat species
maternity colony roost tree (or structure) is
discovered within the facility site, the NYSDPS and
the Office shall be notified within twenty-four
(24) hours of discovery (during construction) and
forty-eight (48) hours of discovery (during
operation), and the colony site shall be marked. A
five hundred (500)-foot radius around the colony
shall be posted and avoided until notice to
continue construction, ground clearing, grading,
non-emergency maintenance or restoration
activities, as applicable, at that site is granted
by the NYSDPS or the Office. A re-evaluation of
44
the potential impacts of the Project on listed bat
species shall be provided to the NYSDPS and Office.
(iii)Tree Clearing Limitations for Northern Long-eared

Bats:
a. No tree clearing activities shall occur at any

time within one hundred fifty (150) feet of
any known maternity roost or one quarter
(0.25) mile of any known hibernaculum.
b. All tree clearing activities (except for

hazard tree removal to protect human life or
property) occurring within one and a half
(1.5) miles of a maternity roost site or five
(5) miles of a hibernaculum site, but not
subject to clause (a) of this subparagraph,
shall be conducted during the hibernation
season (between November 1 and March 31)
without further restrictions unless otherwise
approved by the Office. This limitation does
not include trees less than or equal to four
(4) inches in diameter at breast height (DBH).
c. From April 1 to October 31, the following

restrictions shall be implemented for all tree
clearing activities in the facility site,
unless otherwise agreed by the Office:
1. The Permittee shall leave uncut all snag

and cavity trees, as defined under the
NYSDEC Program Policy ONRDLF-2 Retention
on State Forests, unless their removal is
necessary for protection of human life
and property. This restriction pertains
to trees that are greater than or equal
to four (4) inches DBH. When necessary,
snag or cavity trees may be removed after
being cleared by an environmental monitor
who shall conduct a survey for bats
exiting the tree. This survey shall begin
45
thirty (30) minutes before sunset and
continue until at least one (1) hour
after sunset or until it is otherwise too
dark to see emerging bats. Unoccupied
snag and cavity trees in the approved
clearing area shall be removed within
forty-eight (48) hours of observation.
2. If any bats are observed flying from a

tree, or from a tree that has been cut,
tree clearing activities within
distances required in clause (a) of this
subparagraph, depending on the potential
species present, shall be suspended and
the NYSDPS and the Office shall be
notified as soon as possible. The
Permittee shall have an environmental
monitor present on site during all tree
clearing activities. If any bat activity
is noted, a stop work order will
immediately be issued and shall remain in
place until such time as the NYSDPS and
the Office have been consulted and
authorize resumption of work.
(iv) Tree Clearing Limitations for Indiana Bats.
a. No tree clearing activities shall occur at any

time within five hundred (500) feet of any
known maternity roost or one quarter (0.25)
mile of any known hibernaculum.
b. All tree clearing activities (except for

hazard tree removal to protect human life or
property) occurring within two and a half
(2.5) miles of a maternity roost site or
hibernaculum site, but not subject to clause
(a) of this subparagraph, shall be conducted
during the hibernation season (between
November 1 and March 31), without further
restrictions unless otherwise approved by the
46
Office. This limitation does not include trees
less than or equal to four (4) inches in DBH
or locations above three hundred (300) meters
in elevation.
c. From April 1 to October 31, tree clearing

within two and a half (2.5) miles of a
maternity roost site or hibernaculum site is
limited to trees less than or equal to four
(4) inches in DBH or locations above three
hundred (300) meters in elevation.
d. Tree clearing may not reduce forest habitat

below thirty-five (35) percent of the
landcover within two and a half (2.5) miles of
the maternity roost site or hibernaculum site.
(v) To minimize impacts to bats from wind facilities,

the Permittee shall comply with the following
requirements: (NOT APPLICABLE)
a. Curtailment is required for all wind

facilities from July 1 – October 1 when wind
speeds are at or below five and a half (5.5)
m/s and temperatures are at or above ten (10)
degrees Celsius (fifty (50) degrees
Fahrenheit) from thirty (30) minutes before
sunset to thirty (30) minutes after sunrise.
Curtailment shall be on an individual turbine
basis and shall be determined by weather
conditions as measured by each individual
weather station on the turbine nacelle. (NOT
APPLICABLE)
b. The Permittee shall submit a review of

curtailment operations to the Office as part
of the post-construction bat mortality
monitoring requirements set forth in the NCBP
or every five (5) years (or sooner if
requested by the Permittee). The review shall
assess if changes in technology or knowledge
47
of impacts to bats supports modification of
the existing curtailment regime.
Modifications to the existing curtailment
regime that further decrease mortality may be
proposed or negotiated. Any such modifications
shall not be costlier than the existing
curtailment regime, unless voluntarily
supported by the Permittee. (NOT APPLICABLE)
(5) For each applicable NCBP, the Permittee shall pay the
required mitigation fee into the Endangered and
Threatened Species Mitigation Bank Fund commensurate
with the anticipated number of individuals taken with
the sole purpose to achieve a net conservation benefit
to the impacted species.
(6) To avoid and minimize impacts to bald eagles, the

Permittee shall implement the following:
(i) If, at any time during construction and operation

of the facility, an active bald eagle nest or roost
is identified within the facility site, the NYSDPS
and the Office shall be notified within forty-eight
(48) hours of discovery and prior to any
disturbance of the nest or immediate area. An area
one quarter (0.25) mile for nests without a visual
buffer and six hundred sixty (660) feet in radius
for nests with a visual buffer from the nest tree
shall be posted and avoided to the maximum extent
practicable until notice to continue construction
at that site is granted by the NYSDPS and the
Office.
(ii) Tree removal is not allowed:
a. Within six hundred sixty (660) feet from an

active nest during breeding season (January 1
– September 30);
b. Within one quarter (0.25) mile from an

important winter roost during the wintering
48
period (December 1 – March 31); or
c. Of overstory trees within three hundred thirty

(330) feet of an active nest at any time.
(iii)Operational Impacts from Wind Facilities. If at any

time during the operation of the facility a bald
eagle is injured or killed due to collision with
project components, the Permittee shall pay the
required mitigation fee into the Endangered and
Threatened Species Mitigation Bank Fund
commensurate with number of eagles taken with the
sole purpose to achieve a net conservation benefit
to the impacted species. (NOT APPLICABLE)
(7) Record All Observations of NYS Threatened or Endangered

Species. During construction and restoration of the
facility and associated facilities, the Permittee shall
maintain a record of all observations of NYS threatened
or endangered species as follows:
(i) Construction. During construction, the on-site

environmental monitor shall be responsible for
recording all occurrences of NYS threatened or
endangered species within the facility site. All
occurrences shall be reported in a biweekly
monitoring report submitted to the NYSDPS, with a
copy to the Office, and such reports shall include
the information described in subparagraph (iii) of
this paragraph. If a NYS threatened or endangered
bird species is demonstrating breeding behavior, it
shall be reported to the NYSDPS and the Office
within forty-eight (48) hours.
(ii) Restoration. After construction is complete,

incidental observations of any NYS threatened or
endangered species shall be documented and reported
to the NYSDPS, with a copy to the Office, in
accordance with the reporting requirements in
subparagraph (iii) of this paragraph.
49
(iii)Reporting Requirements. All reports of NYS
threatened or endangered species shall include the
following information: species; number of
individuals; age and sex of individuals (if known);
observation date(s) and time(s); Global Positioning
System (GPS) coordinates of each individual
observed (if operation and maintenance staff do not
have GPS available, the report shall include the
nearest turbine number (NOT APPLICABLE) or solar
panel array and cross roads location); behavior(s)
observed; identification and contact information of
the observer(s); and the nature of and distance to
any facility construction, maintenance or
restoration activity.
(8) Discovery of Nests or Dead or Injured NYS Threatened or

Endangered Bird Species.
(i) Excluding Bald Eagles, if an active nest of a

federal or NYS threatened or endangered bird
species is discovered (by the Permittee’s
environmental monitor or other designated agents)
within the facility site, the following actions
shall be taken:
a. The NYSDPS and the Office shall be notified

within forty-eight (48) hours of discovery and
prior to any further disturbance around the
nest, roost, or area where the species were
seen exhibiting any breeding or roosting
behavior;
b. An area at least five hundred (500) feet in

radius around the active nest shall be posted
and avoided until notice to continue
construction, ground clearing, grading,
maintenance, or restoration activities are
granted by the Office; and
c. The active nest(s) or nest tree(s) shall not

be approached under any circumstances unless
50
authorized by the Office.
(ii) If any dead or injured federal or NYS threatened or

endangered bird species, or eggs or nests thereof,
are discovered by the Permittee’s on-site
environmental monitor or other designated agent at
any time during the life of the facility, the
Permittee shall immediately (within 24 hours)
contact the NYSDEC and the United States Fish and
Wildlife Service (USFWS) for federally-listed
species, to arrange for recovery and transfer of
the specimen(s). The NYSDPS and the Office shall
also be notified. The following information
pertaining to the find shall be recorded:
a. Species;
b. Age and sex of the individual(s), if known;
c. Date of discovery of the animal or nest;
d. Condition of the carcass, or state of the nest

or live animal;
e. GPS coordinates of the location(s) of

discovery;
f. Name(s) and contact information of the

person(s) involved with the incident(s) and
find(s);
g. Weather conditions at the facility site for

the previous forty-eight (48) hours;
h. Photographs, including scale and of sufficient

quality to allow for later identification of
the animal or nest; and
i. An explanation of how the

mortality/injury/damage occurred, if known.
51
Electronic copies of each record, including
photographs, shall be kept with the container
holding the specimen(s) and given to the NYSDEC or
the USFWS at the time of transfer. If the discovery
is followed by a non-business day, the Permittee
shall ensure all the information listed above is
properly documented and stored with the
specimen(s). Unless otherwise directed by the
NYSDEC or the USFWS, after all information has been
collected in the field, the fatality specimen(s)
shall be placed in a freezer, or in a cooler on ice
until transported to a freezer, until it can be
retrieved by the proper authorities.
(9) The provisions of subdivision (o) of this section shall

remain in effect for as long as the relevant species is
listed as endangered or threatened in New York State.
(p) Wetlands, Waterbodies, and Streams. The Permittee shall

implement the following procedures for construction within
wetlands and adjacent areas subject to ECL Article 24, and
waterbodies and streams regulated pursuant to ECL Article 15
(as identified in the delineations approved by the Office
pursuant to 19 NYCRR §§ 900-1.3(e) and (f)):
(1) Environmentally Sensitive Area (ESA) Flagging. Prior to

performing construction in an ESA, defined herein as any
NYS-regulated wetlands, waterbodies, or streams, and
associated adjacent areas identified in the delineations
approved by the Office pursuant to 19 NYCRR §§ 900-
1.3(e) and (f), the Permittee shall mark the boundaries
of the ESA with colored flagging, “protected area”
signs, or erosion and sediment control measures
specified by the SWPPP. As necessary to prevent access
by motorized vehicles into ESAs where no construction is
planned, the Permittee shall install additional markers
or signs stating, “No Equipment Access”.
(2) Equipment Maintenance and Refueling. Equipment storage,

refueling, maintenance, and repair shall be conducted
and safely contained more than one hundred (100) feet
52
from all wetlands, waterbodies, and streams and stored
at the end of each workday unless moving the equipment
will cause additional environmental impact. Dewatering
pumps operating within one hundred (100) feet of
wetlands, waterbodies, or streams may be refueled in
place and shall be within a secondary containment large
enough to hold the pump and accommodate refueling. All
mobile equipment, excluding dewatering pumps, shall be
fueled in a location at least one hundred (100) feet
from wetlands, waterbodies and streams unless moving the
equipment will cause additional environmental impact.
(3) Fuel Storage. Fuel or other chemical storage containers

shall be appropriately contained and located at least
three hundred (300) feet from wetlands, waterbodies, and
streams.
(4) Clean Fill. All fill shall consist of clean soil, sand
and/or gravel that is free of the following substances:
asphalt, slag, fly ash, demolition debris, broken
concrete, garbage, household refuse, tires, woody
materials, and metal objects. Reasonable efforts shall
be made to use fill materials that are visually free of
invasive species based on onsite and source inspections.
The introduction of materials toxic to aquatic life is
expressly prohibited.
(5) Turbid Water. Turbid water resulting from dewatering

operations shall not be allowed to enter any wetland,
waterbody, or stream. Water resulting from dewatering
operations shall be discharged directly to settling
basins, filter bags, or other approved device. All
necessary measures shall be implemented to prevent any
substantial visible contrast due to turbidity or
sedimentation downstream of the work site.
(6) Truck Washing. Washing of trucks and equipment shall

occur one hundred (100) feet or more from an ESA, and
waste concrete and water from such activities shall be
controlled to avoid it flowing into a wetland or adjacent
area, waterbody, or stream. If runoff from such
53
activities flows into any wetlands and adjacent areas
subject to ECL Article 24, or waterbodies and streams
regulated pursuant to ECL Article 15, the NYSDEC
Regional Supervisor of Natural Resources shall be
contacted within two (2) hours.
(7) Concrete Washouts. Concrete washouts and batch plants,

or concrete from truck cleanout activity, any wash water
from trucks, equipment, or tools, if done on site, shall
be located and installed to minimize impacts to water
resources. Locations should be at least one hundred
(100) feet from any wetland, waterbody, or stream, and
located outside wetland adjacent areas to the maximum
extent practicable. Disposal of waste concrete or wash
water shall be at least one hundred (100) feet from any
wetland, waterbody, or stream.
(8) Use of Horizontal Directional Drilling. Installation of

underground collection lines across wetlands,
waterbodies and streams shall be performed via HDD to
the maximum extent practicable.
(9) Trenching. Open cut trenching in wetlands, waterbodies

and streams shall be conducted in one continuous
operation and shall not exceed the length that can be
completed in one (1) day.
(10) Inadvertent Return Flows. HDD under wetlands,

waterbodies and streams shall be performed in accordance
with the inadvertent return flow plan required pursuant
to 19 NYCRR § 900-10.2(f)(5).
(11) Discharge Notice and Response. The Permittee shall

notify the NYSDEC, the Office and the NYSDPS within two
(2) hours if there is a discharge to an area regulated
under Articles 15 or 24 of the ECL resulting in a
violation of New York Water Quality Standards at 6 NYCRR
Part 703. The Permittee shall immediately stop work
until authorized to proceed by the Office.
54
(q) Wetlands. The Permittee shall implement the following
requirements for freshwater wetlands and adjacent areas
subject to ECL Article 24:
(1) Construction in Wetlands and Adjacent Areas. All

construction activities completed within wetlands and/or
adjacent areas shall adhere to the following
requirements:
(i) In breeding areas for NYS threatened or endangered

amphibian species, construction should not occur
during the peak amphibian breeding season (April 1
to June 15) unless additional measures are
implemented to prevent impacts or exclude species
from the workspace, such as silt fences. (NOT
APPLICABLE)
(ii) Work should be conducted during dry conditions

without standing water or when the ground is
frozen, where practicable.
(iii)Excavation, installation, and backfilling in

wetlands shall be performed in one continuous
operation.
(iv) Temporary construction matting shall be used as

necessary to minimize disturbance to the wetland
soil profile during all construction and
maintenance activities. All temporary construction
matting shall be removed as soon as practicable but
no later than four months following installation
from the wetland and cleaned of any invasive
species (seed, plant materials, insects, etc.)
after construction/maintenance activities are
completed and removal shall be verified with the
on-site environmental monitor after construction.
Matting shall be removed by equipment stationed on
a mat or areas outside the wetland or adjacent area.
(v) In the event that construction results in an

unanticipated alteration to the hydrology of a
55
wetland (i.e., lowering), the breach shall be
immediately sealed, and no further activity shall
take place until the NYSDPS and the Office are
notified and a remediation plan to restore the
wetland and prevent future dewatering of the
wetland has been approved.
(vi) Before trenching occurs, upland sections of the

trench shall be backfilled or plugged to prevent
drainage of possible turbid trench water from
entering the wetland.
(vii)Trench breakers/plugs shall be used at the edges of

wetlands as needed to prevent wetland draining
during construction.
(viii) In wetland areas, the topsoil shall be removed and

stored separate from subsoil. The top twelve (12)
inches of wetland topsoil shall be removed first
and temporarily placed onto a geo-textile blanket.
(ix) Only the excavated wetland topsoil and subsoil

shall be utilized as backfill, with the exception
of clean bedding material for electrical collection
lines and/or conduits, provided there is no change
to the pre-construction contours upon restoration;
and trench-breakers are used to prevent draining
the wetland.
(x) Subsoil dug from the trench shall be sidecast on

the opposite side of the trench on another geo-
textile blanket running parallel to the trench, if
necessary.
(xi) Trenches shall be backfilled with the wetland

subsoil and the wetland topsoil shall be placed
back on top. All excess materials shall be
completely removed to upland areas more than one
hundred (100) feet from the wetland and suitably
stabilized.
56
(xii)When backfilling occurs, the subsoil shall be
replaced as needed, and then covered with the
topsoil, such that the restored topsoil is the same
depth as prior to disturbance.
(xiii) All disturbed soils within wetlands and adjacent

areas shall be seeded with an appropriate native
wetland seed mix, shrubs, live stakes, or tree
planting as site conditions and design allow, as
appropriate for existing land uses. Straw mulch
shall be maintained until the disturbed area is
permanently stabilized. Hay shall not be used for
mulching of wetlands or adjacent areas.
(xiv)In agricultural or farmed wetlands, crop covers

consistent with existing agricultural uses shall be
utilized in all areas of soil disturbance.
(xv) Installation of underground collection lines in

wetlands shall be performed using the following
methods:
a. The Permittee shall implement best management

practices to minimize soil compaction;
b. During excavation, all topsoil shall be

stripped and segregated from subsoils. The
Permittee shall consolidate trenching areas to
the maximum extent practicable to minimize
impacts to agricultural soils;
c. All reasonable efforts shall be made to

backfill open trenches within the same workday
if rain is predicted and as soon as
practicable otherwise; and
d. All excess materials shall be completely

removed from wetlands to upland areas. Excess
topsoil from agricultural areas shall be
spread within the immediate agricultural areas
within the approved LOD, or within other
57
nearby areas that will still be used for
agricultural production.
(2) Wetland Restoration.
(i) Wetland restoration shall be completed according to

the approved Wetland Restoration and Mitigation
Plan submitted pursuant to 19 NYCRR § 900-
10.2(f)(2).
(ii) The Permittee shall restore disturbed areas, ruts,

and rills within NYSDEC-regulated wetlands and
adjacent areas to original grades and conditions
with permanent native re-vegetation and erosion
controls appropriate for those locations.
(iii)Restoration of temporary impacts to NYS-regulated

wetlands and adjacent areas (as delineated pursuant
to 19 NYCRR § 900-1.3(e)) to pre-construction
contours shall be completed within forty-eight (48)
hours of final backfilling of the trench/excavated
areas and restored to pre-construction contours as
soon as practicable.
(iv) Immediately upon completion of grading, and as

consistent with existing land use/land cover, the
area shall be seeded with an appropriate native
species mix for wetlands and upland areas adjacent
to wetlands, except that adjacent areas may be
reseeded differently at the request of the
landowner.
(v) The Permittee shall attain eighty (80) percent

vegetative cover across all disturbed soil areas by
the end of the first full growing season following
construction. Overall vegetative cover in restored
areas shall be monitored for a minimum of five (5)
years. Post-construction monitoring shall continue
until an eighty (80) percent survivorship of native
woody species or eighty-five (85) percent absolute
cover of native herbaceous species appropriate
58
wetland indicator status has been reestablished
over all portions of the replanted area, unless the
invasive species baseline survey indicates a
smaller percentage of survivorship or cover of
appropriate native species exists prior to
construction.
(3) Cut Vegetation. Cut vegetation in wetlands, with the

exception of invasive species, may be left in place
(i.e., drop and lop or piled in dry or seasonally
saturated portions of wetlands and adjacent areas to
create wildlife brush piles).
(4) Access Roads Through Wetlands. Installation of access

roads through wetlands shall be performed using the
following methods:
(i) Temporary access roads shall use

timber/construction matting that is completely
removed after construction/maintenance activities
are completed and removal shall be verified with
the NYSDPS by the on-site environmental monitor
after construction, or by the facility operator
after maintenance work is completed.
(ii) Permanent access roads shall use a layer of

geotextile fabric and a minimum of six (6) inches
of gravel shall be placed in the location of the
wetland crossing after vegetation and topsoil is
removed. Access roads shall be designed and
constructed to adequately support the type and
frequency of the anticipated vehicular traffic and
include suitable culverting or other drainage
infrastructure as needed to minimize the impact to
wetland hydrology.
(5) Solar Panel Support Installation. Installation and

construction techniques shall minimize the disturbance
of the wetland soil profiles (e.g., the use of helical
screws and driven H-pile with no backfilling for solar
arrays sites in wetlands).
59
(6) Tree Clearing. Tree clearing shall be minimized to the
extent practicable in wetlands and adjacent areas.
(7) Fill Placement. The placement of fill in wetlands shall

be designed to maintain pre-construction surface water
flows/conditions between remaining on- or off-site
waters and to prevent draining of the wetland or
permanent hydrologic alteration. This may require the
use of culverts and/or other measures. Construction
activity and final design shall not restrict or impede
the passage of normal or expected high flows.
(8) Concrete Use. For activities involving the placement of

concrete into regulated wetlands, watertight forms shall
be used. The forms shall be dewatered prior to the
placement of the concrete. The use of tremie-supplied
concrete is allowed if it complies with NYS water quality
standards.
(9) Stormwater Setback. Any new stormwater management

infrastructure shall be located outside of the wetland
and adjacent area to the extent practicable.
(10) Mitigation. The Permittee shall implement the approved

Wetland Restoration and Mitigation Plan submitted
pursuant to 19 NYCRR § 900-10.2(f)(2).
(r) Work in NYS-protected waters. The Permittee shall implement

the following:
(1) Dry Conditions. In-stream work shall only occur in dry

conditions, using appropriate water handling measures to
isolate work areas and direct stream flow around the
work area. Any waters accumulated in isolated work areas
shall be discharged to an upland settling basin, field,
or wooded area to provide for settling and filtering of
solids and sediment before water is returned to the
stream. If measures fail to divert all flow around the
work area, in-stream work shall stop until dewatering
measures are functioning properly.
60
(2) In-Water Work Windows. In-stream work shall be
prohibited from September 15 through May 31 in cold water
fisheries and March 15 through July 15 in warm water
fisheries unless the Permittee receives site specific
approval from the Office.
(3) Stream Channels. The restored stream channel shall be

equal in width, depth, gradient, length and character to
the pre-existing stream channel and tie in smoothly to
the profile of the stream channel upstream and
downstream of the disturbance. The planform of any
permanent stream shall not be changed, unless dictated
by restoration or mitigation objectives. All disturbed
stream banks shall be mulched within two (2) days of
final grading, stabilized with one hundred (100) percent
natural or biodegradable fiber matting, and seeded with
an appropriate riparian seed mix.
(4) Felled Trees in an ESA. Trees shall not be felled into

an ESA stream or its stream bank. Snags which provide
shelter in streams for fish shall not be disturbed unless
they cause serious obstructions, scouring or erosion.
(5) Culvert Repairs. If a culvert is blocked or crushed, or

otherwise damaged by construction or maintenance
activities, the Permittee shall repair the culvert or
replace it with alternative measures appropriate to
maintaining proper drainage, embedment, and aquatic
connectivity.
(6) Access Road Crossings of Streams. The creation,

modification, or improvement of any permanent road
crossing of a NYS-protected waterbody shall meet the
following requirements:
(i) New culvert pipes that the Permittee is required to

install shall be designed to safely pass the one
(1) percent annual chance storm event;
(ii) Culvert pipes shall be embedded beneath the

existing grade of the stream channel;
61
(iii)Width of the structure shall be a minimum of one

and a quarter (1.25) times the width of the mean
high-water channel, as practicable; and
(iv) The culvert slope shall remain consistent with the

slope of the adjacent stream channel. For slopes
greater than three (3) percent, an open bottom
culvert shall be used.
(7) Overhead Lines Across NYSDEC-Protected Streams. If

construction of overhead power line crossings requires
cutting of trees or shrubs within fifty (50) feet of a
NYS-protected waterbody:
(i) Cut materials shall be left on the ground; and
(ii) Stumps and root systems shall not be damaged to

facilitate stump sprouting.
(8) Stream Flows. During periods of work activity, flow

immediately downstream of the work site shall equal flow
immediately upstream of the work site. If measures fail
to divert all flow around the work area, in-stream work
shall stop until dewatering measures are functioning
properly.
(9) No Aquatic Impediments. In-stream work, including the

installation of structures and bed material, but
excluding dewatering associated with dry trench
crossings, shall not result in an impediment to aquatic
organisms. All fish trapped within cofferdams shall be
netted and returned, alive and unharmed, to the water
outside the confines of the cofferdam, in the same
stream.
(10) Drop Height. Any in-stream structures placed in a stream

shall not create a drop height greater than six (6)
inches.
(11) Restoration and Mitigation. The Permittee shall
62
implement the approved Stream Restoration and Mitigation
Plan submitted pursuant to 19 NYCRR § 900-10.2(f)(3).
(s) Agricultural Resources.
(1) In all instances in which the applicant for a solar

facility proposes to permanently or temporarily impact
active agricultural lands (i.e., land in active
agriculture production defined as active three (3) of
the last five (5) years) within NYS Agricultural Land
Classified Mineral Soil Groups 1 through 4, the
Permittee shall:
(i) Construct the facility consistent with the NYSAGM

“Guidelines for Solar Energy Projects-Construction
Mitigation for Agricultural Lands,” dated
10/18/2019 (see 19 NYCRR § 900-15.1(l)(1)(i)), to
the maximum extent practicable; and
(ii) Hire an independent, third-party agricultural

monitor to oversee compliance with agricultural
conditions and requirements, including the approved
Agricultural Plan required pursuant to 19 NYCRR §
900-2.16(c), the approved Remediation Plan required
pursuant to 19 NYCRR § 900-2.16(d) and any approved
co-utilization plan prepared according to 19 NYCRR
§ 900-2.16(e). The Office, in consultation with the
NYSAGM, shall verify and approve the qualifications
required to fulfill the role of the agricultural
monitor have been met. If the Office, in
consultation with the NYSAGM, agrees that the
independent third-party monitor is qualified on
agricultural issues, one monitor can act as both
the general environmental monitor as well as the
agricultural-specific environmental monitor.
(2) In all instances in which the applicant for a wind

facility proposes to permanently or temporarily impact
active agricultural lands (i.e., land in active
agriculture production defined as active three (3) of
the last five (5) years) within NYS Agricultural Land
63
Classified Mineral Soil Groups 1 through 4, the
Permittee shall: (NOT APPLICABLE)
(i) Construct the facility consistent with the NYSAGM

“Guidelines for Agricultural Mitigation for Wind
Power Projects,” revised 4/19/2018 (see 19 NYCRR §
900-15.1(l)(1)(ii)), to the maximum extent
practicable; (NOT APPLICABLE) and
(ii) Hire an independent, third-party agricultural

monitor to oversee compliance with agricultural
conditions and requirements, including the approved
Agricultural Plan required pursuant to 19 NYCRR §
900-2.16(c) and the approved Remediation Plan
required pursuant to 19 NYCRR § 900-2.16(d). The
Office, in consultation with the NYSAGM, shall
verify and approve the qualifications required to
fulfill the role of the agricultural monitor have
been met. If the Office, in consultation with the
NYSAGM, agrees that the independent third-party
monitor is qualified on agricultural issues, one
monitor can act as both the general environmental
monitor as well as the agricultural-specific
environmental monitor. (NOT APPLICABLE)
(t) Hazardous Materials. The Permittee shall comply with the

NYSDEC-approved Site Management Plan for the facility site,
or any portion thereof, if applicable.
(u) Cultural Resources Avoidance, Minimization and Mitigation

Plan. The Permittee shall implement the approved Cultural
Resources Avoidance, Minimization and Mitigation Plan
required in 19 NYCRR § 900-10.2(g). (See also subpart 6(h) of
this Permit.)
5.5. Facility Operation (19 NYCRR § 900-6.5):
(a) Noise Limits for Wind Facilities (NOT APPLICABLE)
(1) Noise levels by all noise sources from the wind

facility(ies) shall: (NOT APPLICABLE)
64
(i) Comply with a maximum noise limit of forty-five
(45) dBA Leq (8-hour) at the outside of any non-
participating residence, and fifty-five (55) dBA
Leq (8-hour) at the outside of any participating
residence existing as of the issuance date of the
siting permit; (NOT APPLICABLE)
(ii) Prominent tones are defined by using the constant

level differences listed under ANSI/ASA S12.9-
2005/Part 4 Annex C (sounds with tonal content)
(see 19 NYCRR § 900-15.1(a)(1)(iii)) at the outside
of any non-participating residence existing as of
the issuance date of the siting permit. Should a
prominent tone occur, the broadband overall (dBA)
noise level at the evaluated non-participating
position shall be increased by five (5) dBA for
evaluation of compliance with subparagraphs (i) and
(v) of this paragraph; (NOT APPLICABLE)
(iii)Comply with a maximum noise limit of sixty-five

(65) dB Leq (1-hour) at the full octave frequency
bands of sixteen (16), thirty-one and a half
(31.5), and sixty-three (63) Hertz outside of any
non-participating residence existing as of the
issuance date of the siting permit, in accordance
with Annex D of ANSI/ASA standard S12.9-2005/Part
4 Section D.2.(1) (Analysis of sounds with strong
low-frequency content) (see 19 NYCRR § 900-
15.1(a)(1)(iii)); (NOT APPLICABLE)
(iv) Not produce human perceptible vibrations inside any

non-participating residence existing as of the
issuance date of the siting permit that exceed the
limits for residential use recommended in ANSI/ASA
Standard S2.71-1983 "Guide to the evaluation of
human exposure to vibration in buildings" (see 19
NYCRR § 900-15.1(a)(1)(i)); (NOT APPLICABLE)
(v) Comply with a noise limit of forty (40) dBA Leq (1-
hour) at the outside of any non-participating
residence existing as of the issuance date of the
65
siting permit from the collector substation
equipment; (NOT APPLICABLE) and
(vi) Emergency situations are exempt from the limits

specified in this subdivision. (NOT APPLICABLE)
(2) Post-Construction Noise Compliance and Monitoring for

Wind Facilities. To evaluate compliance with noise-
related conditions, the Permittee shall comply with the
following requirements: (NOT APPLICABLE)
(i) Compliance with subparagraphs (1)(i)-(v) of this

section for the facility shall be evaluated by the
Permittee by implementing a sound testing
compliance protocol that shall follow the
provisions and procedures for post-construction
noise performance evaluations approved by the
Office and stated in the siting permit; (NOT
APPLICABLE)
(ii) At least two sound compliance tests conforming to

the sound testing compliance protocol shall be
performed by the Permittee after the commercial
operation date of the facility: one during the
“leaf-off” season and one during the “leaf-on”
season; (NOT APPLICABLE)
(iii)Within seven (7) months after the commercial

operation date of the facility, the Permittee shall
perform and complete the first sound compliance
test and the results shall be submitted by filing a
report from an independent acoustical or noise
consultant, no later than eight (8) months after
the commercial operation date, specifying whether
or not the facility is found in compliance with all
siting permit conditions on noise during the “leaf
on” or “leaf off” season as applicable; (NOT
APPLICABLE) and
(iv) The second sound compliance test shall be

performed, and results shall be submitted subject
66
to the same provisions contained in subparagraph
(iii) of this paragraph, but no later than thirteen
(13) months after the commencement of commercial
operation of the facility. (NOT APPLICABLE)
(3) Noise Exceedances from Wind Facilities. If the results

of the first or second post-construction sound
compliance test, or any subsequent test, or any
compliance or violation test, indicate that the facility
does not comply with siting permit conditions on noise
and vibration, the Permittee shall: (NOT APPLICABLE)
(i) Present minimization options to the NYSDPS, with a

copy to the Office, within sixty (60) days after
the filing of a non-compliance test result or the
finding of a noncompliance or a violation of siting
permit conditions on noise, as follows: (NOT
APPLICABLE)
a. Operational minimization options related to

noise or vibrations caused by the wind
turbines that shall be considered, including,
at a minimum, modifying or reducing times or
duration of turbine operation, incorporating
noise reduced operations, shutting down
relevant turbines, and modifying operational
conditions of the turbines; (NOT APPLICABLE)
b. Physical minimization options related to noise

or vibration caused by the wind turbines that
shall be considered, including installation of
serrated edge trails on the turbine blades,
replacement, or maintenance of noisy
components of the equipment, and any other
measures as feasible and appropriate; (NOT
APPLICABLE) and
c. If applicable, any minimization measures

related to noise from transformers (such as
walls or barriers), emergency generators (such
as installation of noise walls or barriers,
67
adding or replacing enclosures or silencers to
the emergency generator), or any other noise
sources (such as HVAC equipment or energy
storage systems), shall be considered, as well
as any other mitigation measures as feasible
and appropriate. (NOT APPLICABLE)
(ii) Upon approval from the NYSDPS and the Office, the
Permittee shall implement any operational noise or
vibration mitigation measures within ninety (90)
days after the finding of a non-compliance or
siting permit violation, as necessary to achieve
compliance. (NOT APPLICABLE)
(iii)Upon approval from the NYSDPS and the Office, the

Permittee shall implement any physical noise or
vibration mitigation measures within one hundred
fifty (150) days after the finding of a non-
compliance or siting permit violation, as necessary
to achieve compliance. (NOT APPLICABLE)
(iv) If the Permittee cannot meet the timelines for

implementation of mitigation measures set forth in
subparagraphs (ii) and (iii) of this paragraph, the
Permittee shall cease operation of the turbines of
the facility that caused the non-compliance or
siting permit violation until the operational or
physical minimization measures that are presented
and approved by the NYSDPS and the Office have been
implemented. Once implemented, the Permittee shall
not operate the facility without the mitigation
measures presented and approved by the NYSDPS and
the Office. (NOT APPLICABLE)
(v) Test, document and present results of any

minimization measures and compliance with all
siting permit conditions on noise, no later than
ninety (90) days after the minimization measures
are implemented. (NOT APPLICABLE)
68
(4) Noise and Vibration Complaints from Wind Facilities.
The Permittee shall adhere to the following conditions
regarding noise complaints: (NOT APPLICABLE)
(i) The Permittee is required to maintain a log of

complaints received relating to noise and
vibrations caused by the operation of the facility.
The log shall include name and contact information
of the person that lodges the complaint, name of
the property owner(s), address of the residence
where the complaint was originated, the date and
time of the day underlying the event complained of,
and a summary of the complaint. (NOT APPLICABLE)
(ii) The Permittee shall provide the host municipalities

with a phone number, email address, and mailing
address where complaints can be notified. (NOT
APPLICABLE)
(iii)All complaints received shall be reported to the

NYSDPS staff, with a copy to the Office, monthly
during the first year of commercial operations and
quarterly thereafter, by filing during the first
ten (10) days of each month (or the first ten (10)
days of each quarter after the first year). Reports
shall include copies of the complaints and, if
available, a description of the probable cause
(e.g., outdoor or indoor noise, tones, low
frequency noise, amplitude modulation, vibrations,
rumbles, rattles, etc., if known); the status of
the investigation, summary of findings and whether
the facility has been tested and found in
compliance with applicable siting permit conditions
on noise or minimization measures have been
implemented. If no noise or vibration complaints
are received, the Permittee shall submit a letter
indicating that no complaints were received during
the reporting period. (NOT APPLICABLE)
(iv) Should complaints related to excessive and

persistent amplitude modulation occur at any non-
69
participating residence existing as of the issuance
date of the siting permit, with measured or
modeled sound levels exceeding forty (40) dBA Leq
(1-hour), the Permittee shall investigate and
measure amplitude modulation at the affected
receptors during the time frame when the worst
conditions are known, or, if not known, expected to
occur. If the L90-10-minute noise levels (dBA),
including any amplitude modulation and prominent
tone penalties exceed a noise level of forty-five
(45) dBA and amplitude modulation is in excess of
a five (5) dB modulation depth at the evaluated
receptor(s) for more than five (5) percent of the
time during the identified time frame of evaluation
(which shall not exceed eight consecutive hours),
the Permittee shall continue with the
investigation, identify frequency of occurrence and
the conditions that may be favorable for its
occurrence, and propose minimization measures to
avoid or minimize the impacts. Minimization
measures that avoid, minimize, resolve, or mitigate
the amplitude modulation impacts shall be
identified and reported by filing the identified
minimization measures and implementing such
measures after, and consistent with, review and
approval. Compliance with this requirement shall be
finally demonstrated by conducting a test that
shows that the L90-10-minute sound levels (dBA),
including a five (5)-dBA penalty for amplitude
modulation (if amplitude modulation depth is in
excess of five (5) dB for more than five (5) percent
of the time in any eight (8) consecutive hours) at
that particular location and any additional
prominent tone penalties, are lower than or equal
to forty-five (45) dBA. For any complaints that
do not exceed the limits established in the
foregoing, the Permittee shall handle those
complaints under the complaint resolution protocol
approved by the Office. Amplitude Modulation depth
will be evaluated as indicated in the document
entitled “A Method for Rating Amplitude Modulation
70
in Wind Turbine Noise,” 09 August 2016, Version 1
(see 19 NYCRR § 900-15.1(c)(1)(i)). (NOT
APPLICABLE)
(v) The Permittee shall investigate all other noise and

vibration complaints by following the complaint
resolution protocol approved by the Office, and
consistent with the limits imposed by the siting
permit. (NOT APPLICABLE)
(5) Facility Logs for Wind Facilities. The Permittee is

required to maintain a log of operational conditions of
all the turbines with a ten (10)-minute time interval to
include, at a minimum, wind velocity and wind direction
at the hub heights, angular speed of the rotors,
generated power, and notes indicating operational
conditions that could affect the noise levels (e.g.,
maintenance, shutdown, etc.). A schedule and log of
noise-reduced operations for individual turbines shall
also be kept and updated as necessary. These records
shall be maintained by the Permittee for five (5) years
from occurrence. (NOT APPLICABLE)
(b) Noise Standards for Solar Facilities. The Permittee shall

implement the approved design as required by 19 NYCRR § 900-
2.8.
(c) Operational Compliance. The Permittee shall operate the

facility to abide by applicable rules and regulations of the
PSL and 16 NYCRR with respect to matters such as enforcement,
investigation, safety, and reliability. The Permittee shall
abide by standard Good Utility Practice, and abide by all
rules, guidelines and standards of the serving utilities, the
New York Independent System Operator (NYISO), the Northeast
Power Coordinating Council (NPCC), the New York State
Reliability Council (NYSRC), the North American Electric
Reliability Corporation (NERC) and successors. When applied
to the Permittee, the term “Good Utility Practice” shall mean
the standards applicable to an independent power producer
connecting to the distribution or transmission facilities or
system of a utility.
71
(d) Annual Inspection. The Permittee shall have an annual
inspection program for its facilities. An annual inspection
report shall summarize maintenance and inspection activities
performed and include details of any repairs undertaken.
Reports shall identify any major damage, defects, or other
problems, or indicate that no such damage, defect or problem
was found. Reports shall be made readily available upon
request by the NYSDPS or the Office.
(e) Equipment Replacement. Replacement of major facility

components with different make, model, size, or other
material modification, shall be subject to review and
approval of the Office pursuant to 19 NYCRR § 900-11.1.
(f) Interconnection Changes. Throughout the life of the facility,

the Permittee shall provide a copy of the following
interconnection documents to the secretary of the NYSDPS,
with a copy to the Office:
(1) Any updates or revisions to the Interconnection

Agreement or Facility Agreements between the Permittee,
the serving utilities and NYISO; and
(2) Any System Reliability Impact Study (SRIS) required as

part of a future facility modification or uprate,
performed in accordance with the NYISO Open Access
Transmission Tariff (OATT), available at www.nyiso.com.
(g) Facility Transmission Interconnection Related Incidents.
(1) The Permittee shall contact the NYSDPS Emergency Line

within one (1) hour to report any transmission related
incident on its owned and operated interconnection
facilities which affects the operation of the facility,
or that poses a public safety concern, and shall provide
notification to the Office within twenty-four (24)
hours.
(2) The Permittee shall file with the secretary of the NYSDPS
a report on any such incident, upon request within seven
(7) days, and provide a copy of the report to the serving
72
utility and the Office. The report shall contain, when
available, copies of applicable drawings, descriptions
of the equipment involved, a description of the incident
and a discussion of how future occurrences will be
prevented.
(h) Facility Malfunction
(1) In the event of any catastrophic incident, including but

not limited to blade failure, fire, tower collapse or
other catastrophic event involving the facility and its
associated equipment, the Permittee shall notify the
Office and the NYSDPS no later than twelve (12) hours
following such an event.
(2) In the event of a malfunction of the facility or facility

components which causes a significant reduction in the
capability of such facility to deliver power for an
extended duration (i.e., expected to last longer than
one (1) month), the Permittee shall promptly file with
the NYSDPS, and provide to the serving utility and the
Office, copies of all notices, filings, and other
substantive written communications with the NYISO as to
such reduction, any plans for making repairs to remedy
the reduction, and the schedule for any such repairs.
5.6. Decommissioning (19 NYCRR § 900-6.6):
(a) The Permittee shall implement the approved Decommissioning

and Site Restoration Plan as required by 19 NYCRR § 900-2.24.
The Permittee shall adhere to all state laws and regulations
in effect at the time of decommissioning regarding the
disposal and recycling of components.
(b) The financial security regarding decommissioning and site

restoration activities shall be in the form of a letter of
credit (LOC) or other financial assurance approved by the
Office, and shall be established by the Permittee to be held
by each City, Town, or Village hosting facility components.
The total amount of the financial security created for the
Cities, Towns, or Villages shall be equal to the net
73
decommissioning and site restoration estimate; the net
decommissioning and site restoration estimate is equal to the
gross decommissioning and site restoration estimate (which is
the overall decommissioning and site restoration estimate
plus a fifteen (15) percent contingency cost) less the total
projected salvage value of facility components; reference to
salvage value data shall also be included in the
Decommissioning and Site Restoration Plan required at 19
NYCRR § 900-2.24. If the Permittee and the host municipalities
cannot come to an agreement as to the appropriate amount of
financial security to be provided, the Office shall make the
final determination. The financial security shall remain
active until the facility is fully decommissioned. The LOC
shall be irrevocable and state on its face that it is
expressly held by and for the sole benefit of the specific
Town, City, or Village.
6. SITE SPECIFIC CONDITIONS
The Permittee shall comply with the following SSCs during

construction and operation of the Facility over the life of this
Permit. Specific conditions shall take precedence over other
conditions of this Permit should there be a conflict.
(a) Final Plans, Profiles and Detail Drawings - Final Design Plan
Set – Consistent with 19 NYCRR § 900-10.2, the Permittee shall
provide the Office a set of the Final Design Plans, Profiles,
and Detail Drawings for the Facility. The final plans,
profiles, and detail drawings shall include without
limitation:
(1) 8-Foot Tall Wire Mesh Wildlife-friendly Fence – The

final material specifications for the 8-foot tall wire
mesh wildlife-friendly fence shall comply with the
public safety requirements of NFPA Section 70-17 (to
deter access by persons who are not qualified),
incorporated into the New York State Uniform Fire
Prevention and Building Code.
74
(2) Height of Solar Arrays – The height of solar arrays shall
be limited to 12 feet above ground level when oriented
at maximum height.
(3) Substation Access Drive – The Permittee shall prepare

and submit for Office review and approval a final design
for the access road to the Collection Substation and
solar arrays at INV-16. The Permittee shall include an
attachment summarizing its consideration of access
alternatives and a comparative analysis of the proposed
and alternative access locations that considers without
limitation visual impacts and traffic safety. Such
alternatives shall include temporary construction access
and the results of consultations with NYSEG on the
potential use of the existing access driveway to the
NYSEG Craryville Substation.
(b) Final Safety Response Plan - Consistent with 19 NYCRR §§ 900-

2.7(c) and 900-10.2, the Permittee shall submit to the Office
a Final Safety Response Plan which incorporates any
additional comments from the Town of Copake, local emergency
responders, and the New York State Division of Homeland
Security and Emergency Services. Such plan shall include,
without limitation, a map showing all Facility access points
along with the associated addresses and/or other geographic
reference suitable for emergency response.
(c) Final Drainage Remediation Plan – Consistent with 19 NYCRR §§

900-2.16(d), 900-6.4(s)(1) and 900-10.2, the Permittee shall
submit a Final Drainage Remediation Plan detailing how the
Permittee will avoid, minimize, or mitigate potential
significant adverse drainage impacts, including inadvertent
damages to known and previously unknown surface or subsurface
drainage systems, and an identification of methods of repair
for damaged drainage systems within the Project Footprint
during the construction, operation, and decommissioning
phases. Without limitation, the Final Drainage Remediation
Plan will detail how the Permittee has identified and located
existing subsurface drainage before construction as much as
is reasonably possible. Identified drainage features, as well
as a drain tile repair detail, shall be included on the Final
75
Drawings required in subpart 6(a), above. The Plan shall
detail how, during and after construction, any known drain
tiles within the Project Footprint will be checked for damage,
and any damaged drain tiles, whether previously known or
unknown, will be repaired and replaced by a qualified drain-
tile specialist in a manner that is consistent with the NYSAGM
details for “Repair of Severed Tile Line,”. The Plan shall
detail how the Permittee will coordinate with the
environmental/agricultural monitor to continue to monitor
drain tiles to ensure repairs are properly functioning.
(d) Agricultural Co-Utilization Plan - Agricultural Co-

Utilization Plan – Consistent with 19 NYCRR §§ 900-2.16(e),
900-6.4(s)(1), and 900-10.2, the Permittee shall submit an
Agricultural Co-Utilization Plan for the life of the Facility
establishing a program or pilot program to implement
agricultural co-utilization at the Facility Site to minimize
or mitigate potential significant adverse impacts to
agricultural resources. The Agricultural Co-Utilization Plan
shall include the following, without limitation:
(1) Evaluation of options for traditional row crops and hay,

sheep or other grazing, the cultivation of pollinator-
friendly plantings, the installation of apiaries,
livestock, or livestock products;
(i) In developing the Agricultural Co-Utilization Plan,

the Permittee shall evaluate options, including but
not limited to, a Crop Production and Research
Pilot Program Plan to implement crop cultivation
activities within the Facility Site where areas of
active agriculture within Mineral Soil Groups 1-4
will be temporarily impacted, as depicted on Figure
15-10 (Revised) (Record 96); opportunities to
expand agricultural operations within the Facility
Site, assessed every 5 years; and community gardens
in the vegetative buffer areas.
(2) A demonstration that the proposed agricultural co-

utilization will be feasible; and
76
(3) An itemization of the proposed investments made by the
Permittee to facilitate the agricultural co-utilization
(e.g., grazing plan, planting pasture species,
development of watering facilities, modified access for
livestock trailers, panel spacing, additional fencing,
access roads, gates, housing, etc.).
(e) Agricultural Co-Utilization Implementation Plan - Consistent

with 19 NYCRR §§ 900-2.16(e), 900-6.4(s)(1) and 900-10.3, the
Permittee shall submit an Agricultural Co-Utilization
Implementation Plan (Implementation Plan) before the
commencement of construction of any agricultural integration
facility or the commencement of agricultural co-utilization
activities, including any necessary approvals. Each
Implementation Plan shall include the following:
(1) landowner agreements allowing access for authorized co-

utilization activities (e.g., sheep
farmers/beekeepers);
(2) prescribed plan details for authorized co-utilization

activities (e.g., grazing plans);
(3) long-term farming contracts;
(4) site plans depicting operational agricultural co-

utilization equipment and facility components;
(5) decommissioning requirements for associated

infrastructure (water wells, water lines, fencing,
barns, etc.); and
(6) compliance with applicable NYSAGM regulations and other

applicable regulations and guidance.
(f) Final Visual Impact Minimization and Mitigation Plan (VIMMP)

- Consistent with 19 NYCRR §§ 900-2.9, 900-6.4(l), and 900‐
10.2, the Permittee shall submit a Final VIMMP which shall
include Final Screen Planting Plans:
77
(1) Complying with applicable substantive provisions of §

232-16.12(F)(6)(a)(11) of the Code of the Town of
Copake;
(2) Including a final Master Plant List incorporating

additional plant species comparable to grey dogwood,
mapleleaf viburnum, and white pine to provide an
increased diversity in plant materials. The final Master
Plant List shall also provide additional wetland species
from the NYSDEC list of native plants or the Cornell
Cooperative Extension list of recommended native plants
to provide an increased diversity in plant materials;
and
(3) Containing all final mitigation requirements in

conformance with the Final Plans, Profiles and Detail
Drawings required pursuant to subpart 6(a), above, and
subpart 6(h)(1)(ii), below.
(g) Final Net Conservation Benefit Plan (NCBP)- Consistent with

19 NYCRR § 900-10.2, the Permittee shall submit a final NCBP,
developed in consultation with the Office.
(h) Cultural Resources Avoidance, Minimization, and Mitigation

Plan (CRAMMP) – In compliance with 19 NYCRR § 900-10.2, the
Permittee shall submit a CRAMMP which shall, at a minimum,
include the following:
(1) Measures for Protection of Cultural Resources – The Plan

shall include site specific measures to avoid, minimize
or mitigate significant adverse impacts to
archaeological, historic, and cultural resources to the
maximum extent practicable, including without
limitation:
(i) The complete avoidance of site TRC-SR-1 and

maintenance of a minimum avoidance buffer of fifty
(50) feet around this site, which shall be treated
as an Environmentally Sensitive Area consistent
with best management practices for construction and
78
operation of the Facility, and labeling this area
as such on the Permittee’s Final Plans, Profiles
and Detail Drawings; and
(ii) A final landscaping plan for the Rasweiler Angus

Farm (USN 02107.000113) as specified in
correspondence from the Office of Parks, Recreation
and Historic Preservation (OPRHP) and State
Historic Preservation Office (SHPO) dated September
27, 2022 and supplemented by OPRHP/SHPO
correspondence with the Office dated March 7, 2023.
(2) Historic Preservation Mitigation Plan - A Historic

Preservation Mitigation Plan which shall establish
specific preservation/history projects and/or funding
intended to offset significant visual impacts to:
(i) The five properties eligible for inclusion in the

New York State or National Registers of Historic
Places (S/NRHP) under Criterion C, as specified in
OPRHP/SHPO correspondence dated September 27, 2022
and supplemented by OPRHP/SHPO correspondence with
the Office dated March 7, 2023 (Rasweiler Angus
Farm [USN 02107.000113]; North Copake Cemetery [USN
02107.000110]; Sir William Farm [USN 02107.000112];
4131 County Route 7, Copake [USN 02107.000066]; and
4061 County Road 7, Copake [USN 02107.000117]); and
(ii) The Rasweiler Angus Farm (USN 02107.000113)

property eligible for inclusion on the S/NRHP under
Criterion A, as specified in OPRHP/SHPO
correspondence dated July 26, 2023 and August 7,
2023.
(3) Final Unanticipated Discovery Plan – A Final

Unanticipated Discovery Plan meeting the requirements of
19 NYCRR § 900-2.10(a)(5).
(i) Flood Damage Prevention - Consistent with 19 NYCRR § 900-

10.2, the substantive provisions of Chapter 135 (Flood Damage
Prevention) of the Code of the Town of Copake, and Exhibit
79
24 (Revision 3): Local Laws and Ordinances (Record 96), the
Permittee shall:
(1) Provide a professional engineer’s or architect’s

(licensed and registered in New York State)
certification for electrical Facility components
designed below the base flood elevation. For Facility
components located above the base flood elevation,
elevations shall be specified in the Final Plans,
Profiles, and Detail Drawings consistent with subpart
6(a), above.
(2) Provide a final hydrologic and hydraulic engineering

study based upon the Final Plans, Profiles, and Detail
Drawings required by subpart 6(a), above, to determine
the effects of Facility construction on the flood-
carrying capacity of the area of special flood hazards.
The study shall demonstrate the proposed development
does not result in physical damage or increased flood
risk to adjacent properties in the area of special flood
hazard. The study shall be certified by a professional
engineer, licensed and registered in New York State. No
Facility components shall be located in a floodway.
(3) If the hydrologic and hydraulic study relies upon a

special configuration of Facility components
inconsistent with the normal operation, incorporate such
contingency(ies) into the Final Safety Response Plan
required in subpart 6(b), above, including details
regarding the processes and steps required to store,
tilt, or configure Facility components consistent with
the study required in subpart 6(i)(2), above.
7. COMPLIANCE REQUIREMENTS (19 NYCRR subpart § 900-10)
The Permittee shall submit the following compliance filings to the

Office or NYSDPS for review and approval in accordance with 19
NYCRR § 900-10.1. Certain compliance filings are not applicable,
as noted below, due to the fact that the Facility has been designed
to avoid impacts to a particular resource, the resource is not
80
present at this Facility, or the specific technology proposed
renders the compliance filings inapplicable.
7.1 Pre-Construction Compliance Filings (19 NYCRR § 900-10.2):
Pre-construction compliance filings required pursuant to 19 NYCRR

§ 900-10.2 shall be submitted to the Office.
(a) Federal and Federally-delegated Permits. Copies of all

federal and federally-delegated permits and approvals
required for construction and operation of the facility.
(b) Final Decommissioning.
(1) Final Decommissioning and Site Restoration Plan,

including a decommissioning and site restoration
estimate (for site restoration and decommissioning of
all proposed Facility components removed four (4) feet
below grade in agricultural land and three (3) feet below
grade in non-agricultural land and removal and
restoration of access road locations, where appropriate)
and proof that the letter(s) of credit (or other
financial assurance approved by the ORES) have been
obtained in the decommissioning and site restoration
estimate amount, as calculated pursuant to 19 NYCRR §
900-6.6(b).
(2) Letter(s) of credit (or other financial assurance

approved by the ORES) and copies of agreements between
the Permittee and the Towns, Cities, and Villages,
establishing a right for each municipality to draw on
the letters of credit (or other financial assurance
approved by the ORES) dedicated to its portion of the
facility shall be provided to the Office of Renewable
Energy Siting after one year of facility operation and
updated every fifth year thereafter specifying changes
(due to inflation or other cost increases) to the
structure of the letters of credit (or other financial
assurance approved by the ORES).
81
(c) Plans, Profiles, and Detail Drawings.
(1) A statement shall be provided indicating that a

professional engineer has reviewed facility details and
attests to the accuracy of the final design as reflected
in revised and initially filed (unaffected material)
maps, site plans, profile figures, and environmental
controls and construction details in accordance with 19
NYCRR §§ 900-2.6 and 900-2.17.
(2) Foundation drawings, including plan and sections

details, to be used for wind turbine (NOT APPLICABLE) or
solar facility installations; if multiple foundation
designs are to be utilized for the facility, the
foundation type at each location will be specified on
foundation plans (listed in a table or indicated on
corresponding site plans). Applicable criteria regarding
foundation design and installation shall be listed and
described in the drawings. Foundation drawings shall be
stamped and signed by a professional engineer, licensed
and registered in New York State.
(3) Copies of any agreements entered with the

owners/operators of existing high-pressure gas pipelines
regarding the protection of those facilities.
(d) Wind Turbine Certifications. (NOT APPLICABLE)
(1) A design verification, confirming that the wind turbines

were designed in accordance with International
Electrotechnical Commission (IEC) 61400-1:2019 (see 19
NYCRR § 900-15.1(b)(1)(i)). (NOT APPLICABLE)
(e) Construction Management.
(1) A Quality Assurance and Control Plan, which shall

include job titles and qualifications necessary,
demonstrating how the Permittee will monitor and assure
conformance of facility design, engineering, and
installation, including general concrete testing
procedures with a plan outlining the monitoring and
82
testing of concrete procedures in conformance with and
reference to all applicable codes and standards.
(2) A Construction Operations Plan, which shall indicate all

material lay-down areas, construction preparation areas,
temporary concrete batch location, major excavation and
soil storage areas, and construction equipment.
(3) A Facility Maintenance and Management Plan, which shall

include plans, procedures and criteria specifically
addressing the following topics:
(i) Inspections, maintenance, and repairs of turbines

(NOT APPLICABLE), solar panels, inverters, and
associated equipment, including conformance with
manufacturer’s required maintenance schedules,
safety inspections, and tower integrity; and
(ii) Electric collection, transmission, and

interconnect line inspections, maintenance, and
repairs.
(4) A Vegetation Management Plan, which shall include, at a

minimum, the following:
(i) Vegetation management practices for switchyard and

substation yards and for transmission and
interconnection facilities, including danger trees
(trees that due to location and condition are a
particular threat to fall on and damage electrical
equipment) around transmission and interconnection
facilities, specifications for clearances,
inspection and treatment schedules, and
environmental controls to avoid off-site effects;
(ii) Vegetation management recommendations, based on on-

site surveys of vegetation cover types and growth
habits of undesirable vegetation species;
(iii)Planting of native vegetation, based on on-site

surveys of vegetation cover types and growth habits
83
of undesirable vegetation species;
(iv) Restoration of disturbed areas, ruts, and rills to

original grades and conditions with permanent re-
vegetation and erosion controls appropriate for
those locations;
(v) All proposed chemical and mechanical techniques for

managing undesirable vegetation. Herbicide use and
limitations, specifications, and control measures
shall be included;
(vi) Substation fence-line clearances, and overhead wire

security clearance zone specifications, indicating
applicable safety, reliability, and operational
criteria;
(vii)Inspection and target treatment schedules and

exceptions;
(viii) Standards and practices for inspection of

facilities easements for erosion hazard, failure of
drainage facilities, hazardous conditions after
storm events or other incidents;
(ix) Review and response procedures to avoid conflicts

with future use encroachment or infrastructure
development; and
(x) Host landowner notification procedures.
(5) Facility Communications Plan, which shall include the

Permittee’s construction organizational structure,
contact list, and protocol for communication between
parties. The Permittee shall provide to NYSDPS staff,
Office staff and the municipalities the names and
contact information of all individuals responsible for
facility oversight.
(6) Environmental Monitoring Plan, including names and

qualifications of companies that will serve as
84
environmental monitors (including agricultural
monitor).
(7) A Complaint Management Plan, which shall describe, at a

minimum, the following:
(i) Methods for registering a complaint, which shall

include a phone number, email address, mailing
address, and a form to report complaints;
(ii) Notification to the public of the complaint

procedures;
(iii)Process for responding to and resolving complaints

in a consistent, timely, and respectful manner;
(iv) Logging and tracking of all complaints received and

resolutions achieved, with records of the following
for each complaint containing:
a. The name and contact information of the person

filing the complaint;
b. Location and owner of the property where the

complaint originated;
c. Date and time of the underlying event causing

the complaint;
d. Description of the complaint; and
e. Current status and description of measures

taken to resolve the complaint.
(v) Reporting to the Office and the NYSDPS any

complaints not resolved within thirty (30) days of
receipt;
(vi) Mediating complaints not resolved within sixty (60)

days; and
85
(vii)Providing annual reports of complaint resolution
tracking to the Office staff and NYSDPS staff,
which shall also be filed with the Executive
Director of the Office and Secretary of the NYSDPS.
(8) A Traffic Control Plan shall be in effect during facility

construction, to ensure safety and minimize potential
delays to local traffic during construction, which shall
describe, at a minimum, the following:
(i) Maps and plans showing final haul routes developed

in consultation with the host municipalities and
State, County, and municipal highway officials in
coordination with the turbine manufacturer (NOT
APPLICABLE). Final haul routes shall be accurately
depicted in drawings submitted with the Traffic
Control Plan.
(ii) Copies of all necessary transportation permits from

the affected State, County, and municipal agencies
for such equipment and/or materials on such route.
Such permits shall include but not be limited to:
Highway Work Permits to work within the ROW,
permits to exceed posted weight limits, Highway
Utility Permits to construct facilities within ROW,
Traffic Signal Permits to work within ROW, Special
Haul Permits for oversize/overweight vehicles, and
Divisible Load Overweight Permits.
(iii)Copies of all necessary agreements with utility

companies for raising or relocating overhead wires
where necessary to accommodate the
oversize/overweight delivery vehicles, if
applicable.
(iv) A copy of all road use and restoration agreements,

if any, between the Permittee and landowners,
municipalities, or other entities, regarding repair
of local roads damaged by heavy equipment,
construction or maintenance activities during
construction and operation of the facility.
86
(f) Environmental.
(1) Proof that the required payment was made into the
Endangered and Threatened Species Mitigation Bank Fund,
if required.
(2) A copy of the Wetland Restoration and Mitigation Plan,

if required.
(3) A copy of the Stream Restoration and Mitigation Plan, if

required.
(4) A copy of the Invasive Species Control and Management

Plan (ISCMP), prepared in compliance with 6 NYCRR Part
575, which shall include the following information:
(i) Baseline mapping of all invasive species within the

facility area and for one hundred (100) feet beyond
the facility’s limit of disturbance (LOD). The
baseline mapping and data shall include the
relative abundance and distribution of each
invasive species prior to the commencement of any
construction activities;
(ii) Identification of specific control, removal, and

disposal measures to be implemented for each
identified and mapped invasive species/plant
community during construction activities. The ISCMP
shall include a detailed sequence and schedule for
all mechanical and chemical control measures to be
implemented during construction activities;
(iii)A detailed monitoring plan and specific sampling

protocols for each identified and mapped invasive
species/plant community within the facility area
and for one hundred (100) feet beyond the LOD;
(iv) Identification of specific control contingency

measures to be implemented as part of the ISCMP for
each identified and mapped invasive species for the
duration of the facility adaptive management and
87
monitoring period (i.e., 5 years, unless extended).
The ISCMP shall include a detailed sequence and
schedule for all contingency mechanical and
chemical control measures to be implemented during
the monitoring period;
(v) Specific contingency measures to be implemented

(i.e., regrading, re-planting of native species
etc.) to achieve the final site restoration
criteria (i.e., eighty (80) percent survivorship of
appropriate native species reestablishment over all
portions of the replanted areas, unless the
baseline survey indicates a smaller percentage of
appropriate species exists prior to construction);
and
(vi) Details regarding the responsible party or parties

designated to implement the ISCMP and what
financial assurances exist to ensure successful
monitoring and ISCMP implementation.
(5) A copy of an Inadvertent Return Flow Plan containing the

following requirements:
(i) Erosion and sediment control shall be used at the

point of HDD, so that drilling fluid shall not
escape the drill site and enter NYS-regulated
wetlands, waterbodies, and streams (as delineated
pursuant to 19 NYCRR § 900-1.3(e) and (f)). The
disturbed area shall be restored to original grade
and reseeded upon completion of HDD;
(ii) Drilling fluid circulation shall be maintained to

the extent practical;
(iii)If inadvertent returns occur in upland areas, the

fluids shall be immediately contained and
collected; and
(iv) If the amount of drilling fluids released is not

enough to allow practical collection, the affected
88
area shall be diluted with freshwater and allowed
to dry and dissipate naturally.
(6) For wind facilities, a Final Geotechnical Engineering

Report verifying subsurface conditions within the
facility site, including the results of borings and/or
test pits at each turbine location. (NOT APPLICABLE)
(g) Cultural Resources Avoidance, Minimization and Mitigation

Plan. A copy of a Cultural Resources Avoidance, Minimization
and Mitigation Plan, providing (See also subpart 6(h) of this
Permit):
(1) A demonstration that impacts of construction and

operation of the facilities on cultural resources
(including archeological sites and any stone landscape
features, and historic resources) will be avoided or
minimized to the extent practicable by selection of the
proposed facility’s location, design and/or
implementation of identified mitigation measures. (See
also subpart 6(h) of this Permit.)
(2) A Cultural Resources Mitigation and Offset Plan, either

as adopted by federal permitting agency in subsequent
National Historic Preservation Act (NHPA) Section 106
review, or as required by the Office, in consultation
with New York State Historic Preservation Office (SHPO)
in the event that the NHPA Section 106 review does not
require that the mitigation plan be implemented. Proof
of mitigation funding awards for offset facility
implementation to be provided within two (2) years of
the start of construction of the facility shall be
included. (See also subpart 6(h) of this Permit.)
(h) Real Property Rights.
(1) A copy of all necessary titles to or leasehold interests

in the facility, including ingress and egress access to
public streets, and such deeds, easements, leases,
licenses, or other real property rights or privileges as
are necessary for all interconnections for the facility.
89
(2) Map of survey of facility site properties with property
lines based on metes and bounds survey.
(3) Notarized memos or similar proof of agreement for any

participating property whose owner has signed a
participation agreement or other type of agreement
addressing potential facility impacts (e.g., noise,
shadow flicker, setback, etc.).
(i) Interconnection Agreements. A copy of any Interconnection

Agreements (IA).
(j) Host Community Benefits. Documentation of all host community

benefits to be provided by the Permittee.
7.2 Post-Construction Compliance Filings (19 NYCRR § 900-10.3):
Post-construction compliance filings required pursuant to 19 NYCRR

§ 900-10.3 shall be submitted to the NYSDPS.
(a) Any updated information regarding the design, safety, and

testing for the wind turbines (NOT APPLICABLE), solar panels,
inverters, substation, transformer, and battery storage
equipment to be installed during construction as well as
information regarding the design, safety, and testing for any
equipment installed during facility operation as a
replacement of failed or outdated equipment shall be filed
within fourteen (14) days of completion of all final post-
construction restoration.
(b) As-built plans in both hard and electronic copies shall be

filed within nine (9) months of the commencement of commercial
operations of the facility and shall include the following:
(1) GIS shapefiles showing all components of the facility

(wind turbine locations (NOT APPLICABLE), solar panel
array locations, electrical collection system,
substation, buildings, access roads, met towers, point
of interconnection, etc.);
(2) Collection circuit layout map; and
90
(3) Details for all facility component crossings of, and co-
located installations of facility components with,
existing pipelines: showing cover, separation distances,
any protection measures installed, and locations of such
crossings and co-located installations.
91

Sheperd's Run Draft Ores Permit

Uploaded by

Copyright:

Available Formats

Sheperd's Run Draft Ores Permit

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sheperd's Run Draft Ores Permit

Uploaded by

Copyright:

Available Formats

STATE OF NEW YORK OFFICE OF RENEWABLE ENERGY SITING (ORES)

DRAFT PERMIT FOR A

Town of Copake, Columbia County

Hecate Energy Columbia County 1 LLC

ORES DOCKET NO. 21-02553

October 24, 2023

The New York State Office of Renewable Energy Siting (hereafter

Based upon the Office’s comprehensive review of the record and as

1.1 Applicability; Powers of Municipalities and State Agencies

The Siting Permit issued herein is based upon the plans,

Notwithstanding any other provision of law, including without

Nothing in this Siting Permit shall exempt such Facility from

1.2 Record of Proceeding

In addition to the information referenced above, the record of

The Facility is a solar photovoltaic (PV) electric energy

The proposed Solar Facility will directly contribute significantly

(a) On 03/08/2022, the Permittee submitted an application for a

(c) On 07/29/2022, the Permittee filed an Application Supplement.

(d) On 09/27/2022, Office Staff issued a second Notice of

(e) On 12/20/2022, the Permittee submitted an extension request

(f) On 01/27/2023, the Permittee filed a second Application

(g) On 03/28/2023, Office Staff issued a third Notice of

(h) On 06/26/2023, the Permittee filed a third Application

(i) On 07/11/2023 and 08/24/2023 the Permittee filed additional

(j) On 08/25/2023, the Office determined that the Application,

(k) On 09/12/2023, the Permittee filed additional information to

(l) On 10/24/2023, Office Staff published this Draft Permit on

(m) On 10/24/2023, the ORES Office of Hearings issued a Combined

Executive Law § 94-c(5)(e) provides that a final Siting Permit may

In compliance with Executive Law § 94-c(5)(e), the Office has

Except for the provisions of local law or ordinance for which

Density, Bulk, and Area Requirements

Density control schedule. No building shall be constructed,

Table 1. Density Control Schedule Rural Residential (RU) District

3 acres average lot size2 with individual septic systems.

Major subdivisions must meet requirements for a flexible lot

Footnote 2: Average lot size: The size of the lots created in

The Permittee requested partial relief from § 232-8(A) and Table

Density control schedule. No building shall be constructed,

Table 1. Density Control Schedule Rural Residential (RU) District

(3) § 232-16.12(F)(5)(a)(1) Solar Energy System Minimum Parcel

A minimum parcel size of 15 acres is required for Tier 4 solar

(4) § 232-16.12(F)(5)(a)(2) Solar Facility Lot Coverage and Lot

A Tier 4 solar energy system may occupy up to 20% of the area

Based upon the record in this case, the Office respectfully

Tier 4 solar energy systems are prohibited within the Scenic

Based upon the record in this case, the Office respectfully

(6) § 232-16.12(F)(3) Agricultural Soils Lot Coverage Restriction

Tier 4 solar energy systems are prohibited on more than 10%

Based upon the record in this case, the Office respectfully

(7) § 232-16.12(F)(6)(a)(9) Agricultural Soil Conversion

In addition to the limitations set forth in sections F(3)(4)

Based upon the record in this case, the Office respectfully

Previously cleared or disturbed areas are preferred locations

Based upon the record in this case, the Office respectfully

No development shall take place within 100 feet of a stream,

Based upon the record in this case, the Office respectfully

Limited relief is also provided as to the prohibition on

(10) § 232-16.12(F)(6)(a)(6) Avoidance of Land of Highest