STATE OF NEW YORK PUBLIC SERVICE COMMISSION

CASE 17-F-0619 – Application of Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Coxsackie, Greene County.

ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL

COMPATIBILITY AND PUBLIC NEED, WITH CONDITIONS

Issued and Effective: September 28, 2021

TABLE OF CONTENTS

I. INTRODUCTION .............................................. 2

II. BACKGROUND ................................................ 2

A. Proceedings and Public Comment ............................ 2

B. Burden of Proof ........................................... 6

C. Adoption of the Recommended Decision, Certificate Conditions, and Site Engineering and Environmental Plan ... 6

III. FINDINGS AND CONCLUSIONS RELATED TO SUBSTANTIVE ISSUES .... 7

A. Nature of Probable Environmental Impacts .................. 8

1. Ecology - Threatened or Endangered (T&E) Grassland Bird Species ................................................. 8

2. Agricultural Resources ................................. 14

B. State and Local Laws and Regulations – PSL §168(3)(e) .... 16

1. Local Law Compliance ................................... 16

a. Requests that the Siting Board Elect not to apply Local Substantive Requirements ................................. 16

b. Solar Law Chapter 167-6(C)(4)(o) ...................... 18

i. Compliance with Town Glare Provision ............... 18

ii. Waiver Request ..................................... 24

c. Town of Coxsackie Zoning Code 201-50 .................. 28

d. Town of Coxsackie Zoning Law 201-43 ................... 32

C. Cumulative Impacts ....................................... 33

IV. CONCLUSION ............................................... 36

NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT

At a session of the New York State Board on Electric Generation Siting and the Environment held in the City of Albany on September 28, 2021

BOARD MEMBERS PRESENT: Tammy Mitchell, Alternate for the Chair of the

New York State Public Service Commission James McClymonds, Alternate for

Basil Seggos, Commissioner New York State Department of Environmental Conservation

Dr. Elizabeth Lewis-Michl, Alternate for

Howard A. Zucker, M.D., J.D., Commissioner New York State Department of Health

Vincent Ravaschiere, Alternate for

Kevin Younis, Executive Deputy Commissioner & COO Empire State Development

John Williams, Alternate for

Richard L. Kauffman, Chair New York State Energy Research and Development Authority

Daniel Kohler, Ad Hoc, dissenting CASE 17-F-0619 - Application of Hecate Energy Greene 1 LLC,

Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Coxsackie, Greene County.

ORDER GRANTING CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED, WITH CONDITIONS

(Issued and Effective September 28, 2021)

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BY THE BOARD:

I. INTRODUCTION

By this Order, the Board on Electric Generation Siting

and the Environment (Siting Board) grants to Hecate Energy

Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy

Greene County 3 LLC (collectively, Hecate Greene or Applicant) a

Certificate of Environmental Compatibility and Public Need to

construct and operate a 50-megawatt (MW) photovoltaic solar

electric generating facility proposed to be located in the Town

of Coxsackie, Greene County (the Facility or Project). With the

Certificate Conditions attached to and made a part of this

Order, as modified herein, we determine the Project will meet

all statutory requirements for certification under Article 10 of

the Public Service Law (PSL).

Our decision is supported by the extensive evidentiary

record compiled through hearings before the Presiding Examiners

appointed by the Department of Public Service (DPS) and the

Associate Examiner appointed by the Department of Environmental

Conservation (DEC), who summarized the record and made proposed

factual findings and determinations in a Recommended Decision

(RD) issued previously in this case. We base our decision on

the evidentiary record, post-hearing briefs, the RD, briefs of

the parties on exceptions to the RD, public comments, and

applicable law and policy.

II. BACKGROUND A. Proceedings and Public Comment

A description of the Project proposed by Hecate Greene

is set forth in the RD issued by the Secretary on

August 16, 2021. The RD also provides a summary of the

procedural background, including a description of the public

involvement and comment procedures conducted by both Hecate

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Greene and the Department of Public Service during the pre-

application and application stages of the Article 10 review of

the Project.

Briefs on exception to the RD were filed on

August 26, 2021, by the Applicant, Department of Environmental

Conservation (DEC Staff), Scenic Hudson, Inc. and Greene Land

Trust (together, SH/GLT) and Saving Greene. Briefs opposing

exceptions were not entertained. Although the staff of the

Department of Public Service (DPS Staff), the Town and Village

of Coxsackie (together, the Municipalities), and the Association

of Property Owners of Sleepy Hollow Lake, Inc. participated in

the proceeding, they did not file briefs on exceptions.

In its brief on exceptions, Hecate Greene argued that

the Examiners erred in determining that the record did not

support a finding that the Facility complied with the Code of

the Town of Coxsackie Chapter 167-6(C)(4)(o) (Town Glare

Provision), but in the alternative waived the twelve-month

deadline pursuant to PLS §165(4)(a) until October 4, 2021, for

the Siting Board to issue a final decision on the Application.1

In so doing, it requested that the record be reopened to hear

arguments on the Facility’s compliance with the Town Glare

Provision and/or consider the Applicant’s request for a waiver

of the provision, which it made in the context of its brief. At

the direction of the Siting Board Chair, the Examiners issued a

ruling on August 30, 2021 reopening the record for the limited

purpose of addressing Hecate Greene’s request for waiver of the

Town Glare Provision. The Examiners stated that Hecate Greene’s

request for waiver of the local law would be treated as a motion

and any party wishing to be heard regarding its request must

1 Hecate Greene Brief on Exceptions, p. 10.

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file a response by September 7, 2021. The Town of Coxsackie

filed a timely response.

A notice was issued August 16, 2021, seeking public

comments on the RD. Public comments were requested to be filed

by August 26, 2021. Approximately thirty written comments were

received and approximately 15 people provided oral comments

through the Opinion Line. Four comments support the Examiners’

recommendation to deny a Certificate based on non-compliance

with local laws. Other comments filed are not particularly

responsive to the RD, but rather oppose the Project for various

reasons. Statements opposing the Project raise concerns about:

the size and scale of the Project; potential negative health

effects; the availability of safe decommissioning and disposal

of solar panels; lack of or limited benefits to the local

community; negative impacts to property value; negative impact

on quality of life; use of agricultural lands for non-

agricultural use; visual impacts; negative impact to animal and

plant habitat and biodiversity and concerned that displaced

animals may pose a nuisance to humans and vehicular traffic;

intermittent renewable generation destabilizing rates; solar

glare; water quality, particularly for residents that are

dependent on wells; fire safety; impact on tourism; the combined

community impact of this Project with others to be sited in the

area, including the Flint Mine Solar Project;2 certain

communities, often disadvantaged communities, being targeted to

bear more renewable projects than others and a request that the

2 Case 18-F-0087, Application of Flint Mine Solar, LLC for a

Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of a Solar Electric Generating Facility Located in the Towns of Coxsackie and Athens, Greene County, Order Granting Certificate of Environmental Compatibility and Public Need, with Conditions (issued August 4, 2021)(Flint Mine Order).

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State develop a land use plan that equally distributes renewable

projects across all socioeconomic districts of the State; little

impact on achieving goals of the Climate Leadership and

Community Protection Act in light of approximately 40 percent of

the electricity being sold to a Connecticut utility; and, impact

to short-eared owls and northern harriers. Several comments

conveyed the same sentiment that the community was doing its

part by hosting the Flint Mine Project and several other smaller

projects and believe they should not be asked to host this

Project. Several comments also suggested that public comments

had little impact on the decision-making of the Siting Board and

that public opposition seemed unimportant.

On August 30, 2021, Saving Greene filed an affidavit

stating that 1,257 people in the community signed a petition

against the Project. In addition, although Saving Greene’s

attorney timely filed a brief on exceptions to the RD on

August 26, 2021, the members of Saving Greene filed “final

comments” about the proceeding on August 31, 2021. We view

these comments as an improper attempt to file additional

exceptions to the RD after the due date for such exceptions had

passed and to raise for the first time factual arguments -- not

developed in the evidentiary record -- about the propriety of

the declaratory ruling issued in this proceeding on

December 21, 2018, and the validity of a contract between Hecate

Greene and the New York State Energy Research and Development

Agency, which is beyond our purview.3 In any event, to the

3 The declaratory ruling is discussed in the RD at pages 5-6.

After considering all papers submitted by the parties and consulting with the permanent members of the Siting Board, the Chair of the Siting Board determined that, as updated, the Project was sufficiently connected physically, legally, and operationally to constitute one major electric generating facility subject to Article 10 jurisdiction.

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extent they otherwise raise issues that are subject to our

review, we have reviewed Saving Greene’s “public comments” and

reject the arguments made therein as lacking in merit.

B. Burden of Proof

The applicant in an Article 10 proceeding has the

burden to prove that, based on the evidentiary record, all

findings and determinations required by PSL §168 can be made by

the Siting Board.4 When factual matters are involved, the

applicant must sustain that burden by a preponderance of the

evidence, unless a higher standard has been established by

statute or regulation.5 In the RD, the Examiners found that the

evidentiary record did not support the finding that the Facility

will comply with applicable substantive local laws and,

consequently, that the Siting Board should deny a Certificate of

Environmental Compatibility and Public Need (Certificate). The

RD found that, subject to the proposed Certificate Conditions,

the evidentiary record would support all other findings that the

Siting Board must make pursuant to PSL §168 prior to issuing a

Certificate.

C. Adoption of the Recommended Decision, Certificate Conditions,

and Site Engineering and Environmental Plan

This Order discusses only those aspects of the RD and

Certificate Conditions to which the parties have raised

exceptions or which the Siting Board otherwise has decided to

modify. Insofar as we adopt without modification the

recommendations of the Examiners as set forth in the RD, we also

incorporate by reference the Examiners’ discussion and reasoning

4 16 NYCRR §1000.12(b). 5 16 NYCRR §1000.12(c).

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in support of those adopted recommendations and Certificate

Conditions, which will not be repeated here.

For the reasons set forth in the RD and as otherwise

modified below, we adopt the proposed Certificate Conditions

(Attachment A). In addition, we adopt and incorporate by

reference as guidance the proposed Site Engineering and

Environmental Plan (SEEP) specifications (Attachment B).

III. FINDINGS AND CONCLUSIONS RELATED TO SUBSTANTIVE ISSUES Pursuant to PSL §168(2), the Siting Board must make

express findings regarding the nature of probable environmental

impacts, including cumulative impacts, resulting from the

construction and operation of a proposed Facility. This

includes impacts to (a) ecology, air, ground and surface water,

wildlife, and habitat; (b) public health and safety; (c)

cultural, historic, and recreational resources, including

visual, aesthetic and scenic values; and (d) transportation,

communication, utilities and other infrastructure.6

Pursuant to PSL §168(3), the Siting Board may not grant a

Certificate unless it determines that the Facility will be a

beneficial addition to or substitution for the State’s electric

generation capacity and serve the public interest; that the

Facility’s adverse environmental impacts have been minimized or

avoided to the maximum extent practicable, including any

significant disproportionate impacts on the community in which

it is located; and that the Facility is designed to operate in

compliance with applicable State and local laws.7

In making these determinations, the Siting Board

considers several factors, including available technology,

6 PSL §168(2)(a)–(d). 7 PSL §168(3)(a)–(e).

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reasonable alternatives, environmental impacts, impacts on

related facilities, consistency with the State Energy Plan,

impacts on community character and whether the community is

disproportionately impacted by cumulative levels of pollutants,

and any other social, economic, aesthetic, environmental

considerations deemed pertinent.8 In issuing a Certificate, the

Siting Board may impose any terms and conditions it deems

necessary and the Department of Public Service or the Commission

“shall monitor, enforce and administer compliance with any terms

and conditions” set forth in the Siting Board’s Certificate and

Order.9

A. Nature of Probable Environmental Impacts

1. Ecology - Threatened or Endangered (T&E) Grassland Bird Species

The entire Project site is located within the occupied

wintering habitat of two grassland bird species listed pursuant

to the State Endangered Species Act,10 the short-eared owl (SEOW)

and the northern harrier (NOHA). Because the disturbance of the

T&E grassland bird species and their occupied habitat is a

“take” under the Act, applicant must obtain an incidental take

permit in accordance with 6 NYCRR §182.11.11

In Article 10 proceedings, incidental take permits are

issued in the form of Certificate Conditions and Compliance

Filings. To obtain an incidental take permit, an applicant must

first avoid all impacts to listed species to the extent

practicable. If an applicant can demonstrate, however, that

full avoidance of the take of the listed species at issue is

8 PSL §168(4)(a)–(g). 9 PSL §168(5). 10 ECL Article 11; 6 NYCRR Part 182. 11 6 NYCRR §182.2(b), (f), (l), (o), (x).

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impracticable, the applicant must take measures to minimize to

the maximum extent practicable any take of the species. The

applicant must also prepare a net conservation benefit plan

(NCBP) containing mitigation measures that will result in a net

conservation benefit to the species.12

In their RD, the Examiners concluded that based upon

the record, the agreed upon Certificate Conditions and SEEP

Guide, as modified by the Examiners, and DEC Staff’s acceptance

of the Preliminary NCBP for the Project, the Project will comply

with the requirements of the State Endangered Species Act and

regulations.13 In so holding, the Examiners rejected DEC Staff’s

recommendation to modify proposed Certificate Condition

98(a)(ii)(1) to include a stop work order in the event daily

surveys of occupied habitat proposed for active construction

detect grassland T&E bird species in the construction areas.

Citing the Siting Board’s decision in Mohawk Solar,14 the

Examiners concluded that Certificate Condition 98(a)(ii)(1) as

proposed by the Applicant, which requires use of an on-site

environmental monitor to conduct the daily surveys to detect the

presence of T&E grassland bird species in construction areas in

occupied habitat, together with notification to DPS and DEC

within 24 hours of detection and the use of a 500-foot buffer

around any roosts or nests of T&E grassland bird species, is

sufficient to avoid the direct take of T&E grassland birds

during Project construction.15

12 6 NYCRR §182.11. 13 RD, p. 52. 14 Case 17-F-0182, Mohawk Solar LLC – Electric Generation

Siting, Order Granting Certificate of Environmental Compatibility and Public Need, with Conditions (issued November 19, 2020) (Mohawk Solar Order).

15 RD, p. 44.

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With respect to the Preliminary NCBP for T&E grassland

bird species, the Examiners rejected DEC Staff’s assertion that

the NCBP mitigates only for the loss of occupied habitat, and

recommended that the Siting Board conclude the NCBP mitigates

for all indirect takes, including potential harassment and loss

of habitat.16 The Examiners also rejected SH/GLT’s arguments

that the Applicant incorrectly estimated that approximately 356

acres of occupied wintering habitat would be taken as a result

of Facility construction and operation, or that the measures

that would be included in the final NCBP, including the

mitigation ratio approved by DEC, will comply with the

Endangered Species Act and regulations.17

In its brief on exceptions, DEC Staff argues that the

Examiners erred in concluding that the Applicant’s proposed

Certificate Condition 98(a)(ii)(1) with its cross reference to

the mitigation measures in Certificate Condition 101(a) are

sufficient to account for the indirect take of individual NOHA

and SEOW through lesser acts such as disturbing, harrying, or

worrying as a result of construction activities in occupied

habitat. In support of its exception, DEC Staff argues that the

Project at issue here is distinguishable from Mohawk Solar “due

to the large volume of documented occurrences of wintering NOHA

and SEOW in the Hecate Greene Project area as compared to Mohawk

Solar.” In addition, DEC Staff contends that the Examiners

erred in concluding that the Preliminary NCBP accounted for all

indirect takes of NOHA and SEOW, including takes in the form of

harassment. DEC Staff asserts that the NCBP accounts only for

the take of occupied habitat.18

16 RD, p. 44. 17 RD, p. 52. 18 DEC Staff Brief on Exceptions, pp. 2-5.

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DEC Staff’s exceptions are overruled. DEC Staff

provides no reference to testimony or documentary evidence in

support of its arguments distinguishing Mohawk Solar from this

matter and, thus, fails to identify any evidentiary basis for

departing from Siting Board precedent. In addition, as noted by

the Examiners, no testimony or documentary evidence was

presented rebutting the Applicant’s expert testimony that the

Preliminary NCBP compensates for all indirect takes, including

potential harassment and loss of habitat.19 Accordingly, the

Examiners’ conclusions and recommendation on these points are

affirmed and adopted.

In its brief on exceptions, SH/GLT argues that the

Examiners erred in concluding that the Preliminary NCBP will

comply with the requirements of the State Endangered Species Act

and regulations, and that deferring resolution of any objections

to the final NCBP to the Compliance Filing phase of the

proceeding is insufficient to guarantee that the final plan will

comply with the Act and regulations. With respect to the

Preliminary NCBP, SH/GLT asserts that the Applicant’s estimate

that approximately 356 acres of occupied wintering habitat would

be taken as a result of Facility construction and operation is

in error. Referencing the Applicant’s Alternative Layout

Boundaries map,20 SH/GLT argues that the operational limit of

disturbance (Operations LOD) is approximately 365 acres, and the

construction LOD (Construction LOD) is approximately 430 acres.21

Accordingly, SH/GLT urges the Siting Board to reject the

Applicant’s 356 acres estimate.

19 RD, p. 44, n. 112. 20 Hearing Exhibit 135, Appendix A, Figure 1. 21 Hearing Exhibit 164.

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With respect to the mitigation ratio, SH/GLT asserts

that only the 215-acre Conservation Easement Area (CEA) may be

considered mitigation for habitat take, although it argues that

the method of land protection for the CEA remains uncertain.

With respect to the two additional Grassland Management Areas

(GMAs) located adjacent to the CEA and totaling 74 acres, SH/GLT

asserts that those properties will not receive any long-term

property protections and, therefore, cannot be considered

mitigation for habitat take. Accordingly, SH/GLT argues that

mitigation ratio is well below the 1:1 ratio it urges is

necessary for a net conservation benefit.

Finally, SH/GLT argues that subjecting the final NCBP

only to public comment during the Compliance Filing phase is

insufficient to assure the final plan will comply with Part 182

requirement. Accordingly, SH/GLT argues the Siting Board should

enumerate specific Certificate Conditions for the mitigation

plan at this time, and specifically provide for participation by

SH/GLT and other interested parties during the Compliance Filing

phase.

SH/GLT’s exceptions are overruled. With respect to

the Applicant’s estimate of the amount of occupied habitat taken

by the Project, Hecate Greene explained that it derived the 356-

acre estimate by including the 296 acres within the Project

fence line and substation area together with approximately 60

acres of isolated habitat, consisting of fragments of previously

suitable habitat that would be severed from more expansive open

areas or diminished such that they are now less than 25 acres in

size.22 SH/GLT provided no evidentiary basis rebutting Hecate

Greene’s calculations. Moreover, SH/GLT’s reference to the

Alternative Layout Boundaries map is unavailing. No evidentiary

22 Hearing Exhibit 135, p. 13.

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basis exists for concluding that the difference between the 356-

acre habitat take area estimated by the Applicant and the 365-

acre Operations LOD area consists entirely of suitable occupied

habitat. Moreover, review of the map reveals that the

difference between the Construction LOD and the Operations LOD

consists of temporary disturbances that will be returned to pre-

construction condition after completion of the construction

phase. This includes an underground collection line that would

be restored after installation and managed as part of the

grassland mitigation area.

With respect to the grassland mitigation areas, SH/GLT

is correct that Hecate Greene does not propose to either

purchase the GMAs in fee or place them under easement.

Nevertheless, Hecate Greene indicates that the GMAs will be

managed in conformity with DEC’s Best Management Practices for

Grassland Birds for the life of the Project.23 The mere fact

that Hecate Greene would not be purchasing those lands or

obtaining easements does not compel the conclusion that the

legal mechanisms Hecate Greene would employ to assure the GMAs

are maintained as grassland habitat for the life of the Project

are ineffective. Moreover, pursuant to the SEEP Guide, the

final NCBP is required to include “[p]roof of access to and

right to perform land management activities on the mitigation

site(s).”24 Accordingly, the issue will be addressed in the

final NCBP.

With respect to the mitigation ratio, SH/GLT

identified no basis in State law compelling its proposed 1:1

ratio. Moreover, as noted by the Examiners, DEC, which is the

agency with expertise implementing the State Endangered Species

Act, has concluded that the Preliminary NCBP complies with State

23 Hearing Exhibit 135, p. 21. 24 Hearing Exhibit 58, Proposed SEEP Guide §3.15(1)(l), p. 18.

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law. Accordingly, we can reasonably conclude that the

mitigation ratio approved by DEC meets State standards.

Finally, Hecate Greene indicates that it will develop

the final NCBP in consultation with all parties, including DEC.

Accordingly, we can be reasonably assured that the final NCBP

will meet State standards, and any objections to the final NCBP

are appropriately addressed in the Compliance Filing stage.

In its brief on exceptions, Saving Greene also takes

exception to the use of grassland habitat for Project siting.

However, Saving Greene’s brief offers no basis in law or fact

for rejecting the Examiners’ conclusions that the Project will

comply with all applicable State laws governing wildlife and

habitat, including the State Endangered Species Act and

regulations, or that the Project’s adverse impacts to wildlife

and habitat generally have been avoided, minimized, or mitigated

to the maximum extent practicable. Accordingly, we accept and

adopt the Examiners’ conclusions and recommendations regarding

the Project’s impacts to wildlife and habitat.

2. Agricultural Resources

In the RD, the Examiners concluded that based upon

Hecate Greene’s proposed avoidance and minimization measures

together with the relevant proposed Certificate Conditions and

SEEP Guide specifications, Hecate Greene carried its burden of

demonstrating that the Project’s impacts to agricultural

resources would be avoided and minimized to the maximum extent

practicable. The Examiners noted that although agricultural

lands used for Facility components and grassland management

areas would be converted to a non-agricultural use during the

operational life of the Project, as a result of post-operational

decommissioning and restoration, the Project would not

permanently convert all those lands. With respect to prime

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farmland, the Examiners concluded that only 1.7 acres would be

permanently impacted after decommissioning.25

In its brief on exceptions, Saving Greene argues that

the Application should be denied because of the Project’s

impacts to prime farmland. Saving Greene argues that even if

agricultural lands used for the Project are returned to

agricultural production after the life of the Facility, the

immediate impact of losing that farmland for the duration of the

Project is not accounted for. Saving Greene asserts that loss

of farmland has many implications for local and regional food

production, the economy, and the economic health of the farmer.

Saving Greene also asserts that the long-term impacts to soil

preservation are unknown, and that the long-term impact of

removal of solar array supports and buried electrical conduits

and other soil disturbances have not been evaluated. Due to the

impact on prime farmland that will be removed and disrupted

during the life of the Facility, Saving Greene asserts that the

Application should be denied.

Saving Greene’s objection are overruled. Saving

Greene’s brief on exceptions provides no legal or factual basis

for concluding that impacts to agricultural resources have not

been avoided or minimized to the maximum extent practicable, or

that the permanent impacts to prime farmland after Project

decommissioning would be minimal. Accordingly, based on the

record, including the relevant proposed Certificate Conditions

and SEEP Guide specification, we conclude that Project impacts

to agricultural resources will be avoided and minimized to the

maximum extent practicable.

25 RD, pp. 65-66. “Prime farmland” is land that contains soils

classified as groups 1-4 under the Department of Agriculture and Markets’ (AGM) NYS Agricultural Land Classification System. AGM identifies lands with these priority soil groups as the State’s most productive farmland. RD, pp. 61-62.

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B. State and Local Laws and Regulations – PSL §168(3)(e)

1. Local Law Compliance

a. Requests that the Siting Board Elect not to apply Local Substantive Requirements

In the RD, the Examiners found that the record would

support waiver of the three local laws for which Hecate Greene

sought waiver, based on the Siting Board’s rationale in the

Flint Mine case.26 Saving Greene argues that such waivers should

not be granted in this case, especially in consideration of the

Siting Board’s decision in Flint Mine, and that Hecate Greene’s

request for a Certificate should be denied. Saving Greene

states that zoning laws are the means in which a municipality

implements its vision, expressed in its comprehensive plan, for

how it wants to grow and shape itself in the future. In this

case, it says, the Town of Coxsackie’s zoning laws reflect its

interest in preserving the rural character of the town. The

Rural Residential Zoning District, in which the Facility is

located, allows for agricultural uses, low-density residential

development, and limited rural commercial and institutional

uses. The Town of Coxsackie’s Solar Energy Collection Systems

law (Solar Law) limits utility-scale solar generation facilities

to the commercial and industrial districts. Saving Greene

states that the law does so to “ensure that such systems will

not have a significant adverse impact on the environment or on

the aesthetic qualities and character of the Town, and to

protect areas of economic and agricultural significance to the

Town.”27 Saving Greene contends that in the Flint Mine case, the

26 See Case 17-F-0087, Flint Mine Solar, LLC – Electric

Generation Siting, Order Granting Certificate of Environmental Compatibility and Public Need, with Conditions (issued August 4, 2021).

27 Saving Greene Brief on Exceptions, p. 8.

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Siting Board ignored and disregarded the Town’s desire to

maintain a rural community and it urges that the Siting Board

not grant waivers in this case.

Saving Greene’s exception is overruled. The Siting

Board must balance the interests of the local community and the

interests of the State’s renewable energy goals and the benefits

that will accrue to ratepayers. Here, we acknowledge that the

Municipalities have opposed the Hecate Greene project from the

outset of this proceeding, and we recognize the communities’

interest in maintaining their rural and agrarian

characteristics. However, we must also consider the positive

contributions the renewable Facility will have on the State, how

it will help achieve the goals of the Legislature in

establishing renewable energy thresholds for the purpose of

reducing greenhouse gas emissions in an effort to combat climate

change and its adverse impacts. Achieving these renewable

energy goals will benefit all ratepayers.

The record here supports our decision to adopt the

findings of the Examiners in the RD and we waive the three local

laws for which Hecate Greene seeks waiver. As we recognized in

the Flint Mine case, to apply the local zoning law would

eliminate the Facility’s construction. While we recognize that

the Facility does not conform to the zoning law, we have

thoroughly reviewed the record and find that, as conditioned,

the Facility will minimize environmental impacts to the maximum

extent practicable. Moreover, permanent impacts to agricultural

lands are limited and such lands may be returned to agricultural

use at the end of the Project’s useful life. We also recognize

that the Applicant made efforts to work with the Municipalities

to address their concerns –- the visual settlement agreement

will mitigate the visual concerns of the Municipalities.

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b. Solar Law Chapter 167-6(C)(4)(o)

The Examiners found in the RD that the record did not

demonstrate compliance with the Town Glare Provision, Solar Law

Chapter 167-6(C)(4)(o), which states that “[n]o unreasonable

glare or heat shall be produced that is perceptible beyond the

boundaries of the lot on which such use is situated. The

design, construction, operation and maintenance of any utility-

scale solar energy system shall prevent the misdirection and/or

reflection of solar rays onto neighboring properties, public

roads and public parks in excess of that which already exists.”28

Finding that the record did not demonstrate compliance and that

the Applicant had not requested waiver of this provision, they

advised the Siting Board that it could not make the requisite

finding that the Facility will comply with all substantive local

laws.

i. Compliance with Town Glare Provision

Hecate Greene asserts that the Examiners erred and

that the record demonstrates its compliance with the Town Glare

Provision. First, it argues that the Examiners reached their

conclusion based on no opposition from the Municipalities

regarding the representative receptor locations identified in

the Glare Analysis. It argues that, because the Town did not

oppose the locations of the receptor points, the Town is barred

from enforcing the Town Glare Provision as interpreted by the

RD.

It then contends that the Facility complies with the

Town Glare Provision because the Applicant’s Visual Impact

Assessment (VIA) demonstrated that no Town of Coxsackie public

parks within two miles of the Facility will have visibility of

28 Hearing Exhibit 31, Application Exhibit 31, Appendix 31-A, p.

15.

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the Facility29 and because its Glare Analysis predicted zero

minutes of potential glare on the receptors included in its

analysis, which included public roads and neighboring

properties. It states that its Glare Analysis was completed

using the Solar Glare Hazard Analysis Tool (SGHAT) software, the

best practice in the industry, and that the software produces

conservative assessments because it does not account for cloud

cover, snow cover, gaps between arrays, or any obstacles between

the solar arrays and the observer during the analysis, and it

assumes sunny days 365 days a year.30 It states that the Glare

Analysis, which it prepared according to stipulations reached

with certain parties,31 evaluated potential glare along 2.5 miles

of County Route 57, 0.8 miles of Adams Road, and six additional

representative viewpoints surrounding the Facility. It states

that these six representative viewpoints were selected based on

the Facility’s VIA from a larger list of neighboring residential

properties, travel ways, historic, recreational, and school

viewpoints. These six viewpoints, it says, include neighboring

residential properties and travel way views surrounding the

Facility from the north, south, east, and west. Of the six

viewpoints, it says, four are located immediately adjacent to

the Facility and are considered “neighboring properties.”32

29 Hecate Greene Brief on Exceptions, p. 4; Hearing Exhibit 31,

Application Exhibit 24, Appendix B. 30 Hecate Greene Brief on Exceptions, pp. 3-4; Hearing Exhibit

31, Application Exhibit 31, Appendix 31-A, pp. 1-4. 31 Hecate Greene Brief on Exceptions, p. 3; see Stipulations

15(i), 24(a)(8), 24(b)(8), and 25(d)(3). The Town of Coxsackie excepted to Stipulations 3, 4, 9, 15, 24, 27, and 31. The Village of Coxsackie excepted to Stipulations 3, 4, 9, 12, 15, 24, 27, 29, and 31. See Hearing Exhibits 27 and 28.

32 Hecate Greene Brief on Exceptions, p. 4; Hearing Exhibit 31, Application Exhibit 24, Appendix 24-A, pp. 21-32.

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Hecate Greene argues that the Examiners did not focus

on the results of the Glare Analysis that anticipated zero

minutes of glare at the receptors, and instead relied “solely

upon out-of-context, generalized statements.”33 It contends that

generalized statements in Application Exhibit 24 that

anticipated potential glare from the solar panels should not

have been inferred to supersede the quantitative, detailed Glare

Analysis findings concerning the receptors on neighboring

properties.34 Rather, the Glare Analysis’s conclusions that zero

minutes of glare are anticipated at the representative

viewpoints, including views in each direction surrounding the

Facility, demonstrate that the Facility complies with the

applicable substantive local law, particularly in consideration

of the SGHAT model’s conservative assumptions.

Moreover, Hecate Greene notes that the Facility’s

panels are “designed to absorb sunlight, rather than reflect it,

and the glass panels that protect the PV [photo-voltaic] panel

surface are typically formulated with glass designed to allow

sunlight to pass with minimal reflection.”35 Hecate Greene also

states that the panels will have anti-reflective coatings to

reduce reflectivity and that the solar arrays will be aimed

directly back at the sun through the Facility’s use of a single-

axis tracker system that will rotate the panels to be aimed at

the sun throughout the day. These characteristics, Hecate

Greene says, demonstrate compliance with the Town Glare

Provision by preventing the “misdirection or reflection of solar

rays onto neighboring properties.”36

33 Hecate Greene Brief on Exceptions, p. 6. 34 Hecate Greene Brief on Exceptions, pp. 6-7. 35 Hecate Greene Brief on Exceptions, p. 5; see Hearing Exhibit

31, Application Exhibit 24, p. 45. 36 Hecate Greene Brief on Exceptions, p. 5.

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Hecate Greene further argues that the Examiners erred

in their interpretation of the Town Glare Provision by reading

the two sentences in isolation. The Applicant contends that the

two sentences of the Solar Glare Provision must be read

together, and that the Examiners’ interpretation ignores the

first sentence that prohibits “unreasonable glare or heat”

beyond the boundaries of the Facility. The Examiners’

interpretation, it says, would not give effect to the first

sentence with respect to glare, which, in Hecate Greene’s view,

establishes that the Town Glare Provision only prohibits

unreasonable glare.37 Hecate Greene states that because the

Examiners found that visual impacts related to the Facility had

been minimized or mitigated to the extent practicable, including

with regard to glare impacts, the Facility complies with the

Town Glare Provision because the Facility will not create

unreasonable glare at the identified locations.

Hecate Greene further argues that the Examiners’

interpretation contradicts Siting Board precedent. While the

Examiners considered the Flint Mine case and treated the Siting

Board’s decision in that proceeding as controlling in the

instant proceeding with regards to some subject matters, it

says, they did not apply the Siting Board’s interpretation of

this local law as it was applied in Flint Mine. In the Flint

Mine proceeding, the applicant described its compliance with

both sentences of the Town Glare Provision by stating that

“[t]he Facility generally complies with this section; no

unreasonable glare or heat will be produced by the Facility

beyond the boundaries of the Facility Site.”38 Hecate Greene

argues that the record in the Flint Mine case reflected that the

37 Hecate Greene Brief on Exceptions, pp. 7-8. 38 Hecate Greene Brief on Exceptions, p. 8; see Flint Mine

Exhibit 31, p. 28.

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Flint Mine facility was expected to produce glare between 10 and

40 minutes daily during six months of the year at residences

with direct line-of-sight visibility of the arrays to the

east/northeast of the facility. According to Hecate Greene,

neither the Flint Mine glare analysis nor its visual impact

exhibit make any reference to the assessment of viewpoints that

are representative of neighboring properties in the Town of

Coxsackie.39 This, it says, demonstrates that the Siting Board

previously found that only unreasonable glare, not any glare, is

prohibited. Hecate Greene argues that the Examiners’

recommendation that the Siting Board find that the Facility does

not comply with the Town Glare Provision conflicts with the

contrary finding in Flint Mine and is “arbitrary and capricious”

for failing to adhere to the Siting Board’s own precedent.40

The Town responded to the Applicant’s motion rejecting

its claims that the Town is barred from enforcing the Town Glare

Provision for failure to oppose the locations of the receptor

points used in the Glare Analysis. The Town identifies various

points throughout the proceeding where it has raised concerns

with non-compliance with the Town of Coxsackie local laws,

including the Town Glare Provision, and states that the

Municipalities’ testimony argued that the six visual receptor

points selected for use in the VIA were not sufficient. The

Town contends that it has preserved its rights to be heard

regarding the Town Glare Provision and any claim to the contrary

is unfounded.

The Town states its agreement with the Examiners’

finding that the Applicant has not demonstrated compliance with

the Town Glare Provision. The Town asserts that the Applicant

39 Hecate Greene Brief on Exceptions, pp. 8-9. 40 Ibid., p. 9.

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has not demonstrated that there will be zero minutes of glare at

neighboring properties because the Glare Analysis studied only

four receptor points, whereas there are dozens of adjacent

properties, including residential dwellings for which the

Applicant has not demonstrated compliance. The Town further

states that any argument raised by the Applicant regarding

ambiguity of the definition of “neighboring properties” is not

persuasive –- a plain language interpretation is “properties

located adjacent to the Project.” According to the Town, “[a]n

analysis of merely four receptor points selected by the

Applicant in its sole discretion is a gross misinterpretation of

the Glare Provision.”41 In order to demonstrate compliance, it

says, the Applicant must conduct a robust glare analysis of all

neighboring properties. The Town also rejects Hecate Greene’s

arguments comparing the circumstances in Flint Mine to this one.

It asserts that the Flint Mine facility “is sited around

topographic features which significantly reduce visibility and

risk of glare. Hecate, however, is sited in a comparatively

dense and visible area.”42

We find that the record does not demonstrate

compliance with the Town Glare Provision and the Applicant’s

exception is overruled. As a preliminary matter, we find that

the Town is not precluded from being heard with regards to

Hecate Greene’s compliance with the Town Glare Provision. The

Town raised non-compliance with this provision in its testimony

and it did not stipulate to the representative viewpoints used

in the Glare Analysis.

With regard to the Flint Mine case, we are not

persuaded that the differing results regarding the application

41 Town of Coxsackie Brief on Exceptions, p. 5. 42 Id.

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of the Town Glare Provision is problematic. In the Flint Mine

case, no party raised this issue for adjudication. The meaning

of the Town Glare Provision was not in dispute and did not

require our resolution in the absence of any dispute that the

Facility complied with the provision. In this proceeding, by

contrast, the Town has argued that the Facility does not comply

with the local law, requiring us to determine what that law

requires.

We also find that the Examiners properly interpreted

the local law. While the Applicant contends that the Examiners

focused solely on the second sentence of the law, the Applicant

apparently puts emphasis only on the first sentence. When we

read them together, we find that the second sentence defines

“unreasonable glare” as including any misdirection and/or

reflection of solar rays onto neighboring properties, public

roads and public parks in excess of that which exists.

While we agree with the Examiners’ determinations that

visual impacts have been mitigated to the extent practicable,

and we recognize that the Facility’s arrays are designed to

avoid glare, we nonetheless must also decide whether the

Facility complies with the more restrictive local provision, a

situation that is clearly contemplated, and allowed, by Article

10. Here, although the record demonstrates that the Applicant

reviewed some representative neighboring properties in its Glare

Analysis, the record does not demonstrate zero glare from the

Facility at all neighboring properties, a showing required by

the Town Glare Provision. In the absence of such demonstration,

we cannot conclude that the Facility complies with the Town

Glare Provision.

ii. Waiver Request

Hecate Greene has requested, in the alternative, that

the Siting Board elect not to apply the Town Glare Provision

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should it agree with the Examiners’ analysis regarding

compliance. First, the Applicant asserts that the Town Glare

Provision is unreasonably burdensome in view of existing

technology. It states that the provision as interpreted by the

Examiners would be impossible to comply with “because there is

no way to measure a baseline for glare currently experienced at

the identified properties.”43 It states that the SGHAT software

can only predict the potential glare from solar arrays and that

it does not consider natural or man-made structures unassociated

with the Facility that may produce glare on the property.

Without the ability to establish a baseline of glare at each

property, it says, it would be impossible to determine whether

perceived glare from the Facility is in excess of that which

already exists.44

Hecate Greene contends that no design change could

reasonably obviate the waiver request because the modelling

software is state-of-the-art for predicting glare, and that the

request is the minimum necessary. It states that the model

overpredicts the potential for glare and that the Examiners

already found that visual impacts, including glare, have been

minimized or mitigated to the extent practicable.

In addition, Hecate Greene requests that the Town

Glare Provision be waived because the needs of consumers

outweigh the impacts on the community that would result from the

refusal to apply the Town Glare Provision. It contends that

denial of a Certificate would “clearly create an unnecessary

obstacle to achieving the clean energy and greenhouse gas

emission reduction standards required by the Climate Leadership

and Community Protection Act (Climate Act), the Clean Energy

43 Hecate Greene Brief on Exceptions, p. 12. 44 Id.

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Standard, and the State Energy Plan.”45 Hecate Greene states

that the Siting Board should make the finding that “a pressing

social and economic need for the Facility outweighs the loss of

zero glare.”46

Finally, the Applicant opines that if the Facility

were not granted a Certificate because of the Town Glare

Provision, it would deprive the community of the socio-economic

benefits resulting from the Facility’s construction and

operation. It asserts that the needs of consumers and benefits

to the local community would outweigh the “zero glare on the

community that would result by the Siting Board electing not to

apply the Town Glare Provision.”47 It again argues that the

waiver is the minimum necessary because visual impacts have been

minimized or mitigated to the maximum extent practicable and

argues that no design change could obviate the waiver request

because the Glare Analysis anticipates zero minutes of glare.

The Town of Coxsackie argues that Hecate Greene is not

entitled to a waiver of the Town Glare Provision. The Town

contends that Hecate Greene’s argument that it would be

technologically impossible and unreasonable to comply with the

law should be rejected. The Town argues that if failure to

account for existing conditions would undermine the value of

such analysis, all glare analyses would have to be considered

irrelevant. According to the Town, the Applicant has the

software to enable it to analyze glare impacts on neighboring

properties to determine compliance with the local law yet then

claims that being asked to assess its compliance with the Town

Law Provision is unreasonable. The request should be denied,

45 Ibid., pp. 12-13. 46 Ibid., p. 13. 47 Ibid., p. 14.

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the Town says, because “[t]he Applicant has failed to make even

a superficial attempt to demonstrate that the requested waiver

is the minimum necessary.”48

We find that Hecate Greene has demonstrated that the

Town Glare Provision is unreasonably burdensome. As we

interpret the local law, any glare from the Facility, no matter

how minor, would result in an apparent violation of the local

provision. Accordingly, irrespective of the extremeness of the

measures employed by the Applicant to minimize prospective glare

and reflection, or the associated costs of such, it could not

guarantee that no “additional” glare whatsoever might be

perceived by a neighboring property. Thus, the Applicant

appears to be in a situation where the only way it could ensure

compliance to the satisfaction of the plain language of the Town

law is to not build the Facility.

By this reading, the law could essentially prohibit

the building of such a facility, without explicitly containing

such a prohibition. Considering that the RD recommends a

finding that visual impacts, including glare, have been

mitigated to the maximum extent practicable, we find that the

Project’s contribution to meeting the State’s energy goals

outweighs the impacts to the community that would result from

waiving the local provision. We note that the Glare Analysis

predicts no glare at the studied receptors and, in consideration

of the agreement that Hecate Greene has reached with the

Municipalities to increase screening in sensitive locations,

that glare impacts are adequately addressed by the Facility.

Requiring Hecate Greene to go further and establish that the

Facility produces no additional glare anywhere on neighboring

48 Town of Coxsackie Brief on Exceptions, p. 6.

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properties –- as required by the local law -- is unreasonably

burdensome.

c. Town of Coxsackie Zoning Code 201-50

Saving Greene contends that Town of Coxsackie Zoning

Code §201-50, entitled “wildlife habitat,” applies to the

Project. This provision of the local law describes the

importance the Town places on carefully planned development to

protect wildlife habitat and ecosystems.49 Saving Greene argues

that the Project area is habitat for the endangered short-eared

owl and threatened northern harrier. It states that the Project

area is an important natural resource that deserves protection

and urges the Siting Board to “respect the Town of Coxsackie’s

desires for development in its community, particularly after the

Flint Mine project has already been approved nearby, and deny

the Certificate of Environmental Compatibility and Public

Need.”50

SH/GLT argue that the Examiners erred by failing to

include a recommendation that the Siting Board find that the

Facility will not comply with Town of Coxsackie Zoning Code

§201-50(B)(1)(c).51 This provision of the local law addresses

habitat preservation and requires that “[w]hen a proposed

project will have a significant impact on a species of

conservation concern, a habitat protection plan will be

submitted by the applicant for review and approval of the Town

of Coxsackie Planning Board.” The subsections following

describe the information that shall be included in the habitat

protection plan, including, as relevant here:

49 See Hearing Exhibit 31, Application Exhibit 31, Appendix 31-

A, p. 70. 50 Saving Greene Brief on Exceptions, p. 9. 51 SH/GLT Brief on Exceptions, p. 8.

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A plan by the applicant which shall explain how he will mitigate any adverse impacts to the protected fish or wildlife habitats created by the proposed development. On critical habitats such as grasslands, applicants shall seek to provide habitat protection on a 1:1 ratio, with one acre of protected habitat provided for every acre of habitat impacted by development. Protected habitat can be accomplished directly by the applicant using on-site or off-site mitigation, or by contribution to a conservation banking program.52

SH/GLT acknowledge that Zoning Code §201-50(B) includes both

procedural requirements and substantive standards for habitat

preservation. They state that because this provision is a

substantive natural resource standard, the requirement for a 1:1

mitigation ratio for grassland habitat preservation applies to

the Project. They argue that this provision is like many others

deemed applicable to the Project, such as local requirements for

lot coverages, transmission line burial requirements, and

landscaping requirements. They state that the Applicant has

failed to seek waiver of this provision and that the Siting

Board must find that the Facility does not comply with this

provision and deny Hecate Greene a Certificate.

With regard to Saving Greene, we find that it did not

submit testimony or identify this provision of local law as

being applicable to the Project during the evidentiary phase of

this proceeding. Consequently, Saving Greene has not preserved

its opportunity to address this issue. In any event, on the

merits, Saving Greene’s exception is overruled. Saving Greene

identified a general provision of the local law that explains

the Town’s purpose of establishing certain standards in its law

52 Hearing Exhibit 31, Application Exhibit 31, Appendix 31-A, p.

73.

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–- it did not identify a substantive standard applicable to the

Project.

With regard to SH/GLT, while SH/GLT did not

specifically raise this issue in the context of their testimony

or briefs, they did identify this provision of local law during

the evidentiary phase of the proceeding and have preserved their

opportunity to raise this issue in their exceptions.53 Hecate

Greene addressed SH/GLT’s contention that 1:1 mitigation is

required by the Town of Coxsackie laws in its testimony, and

again in briefing.54 The Applicant took the position that this

provision of the Town’s Zoning Law is inapplicable because it is

procedural in nature. In its rebuttal testimony, Hecate Greene

stated that if the Siting Board disagreed and found the local

law provision to be substantive, the Alternate Layout would meet

the local standard stating that the Facility’s proposed impacts

to grassland bird habitat is 368 acres and the Conservation

Easement Area is approximately 375 acres.55 In its initial

brief, Hecate Greene reiterated its testimonial position and,

for the first time, it also sought a waiver of the local

requirement asserting that the needs of consumers outweigh the

impacts on the community that would result from refusing to

apply them.56 Hecate Greene stated that other solar facilities

being sited in the state, such as in the Mohawk Solar project

and those seeking permits through the Office of Renewable Energy

Siting, require “substantially smaller” mitigation ratios and

that “compliance with this local law unnecessarily interferes

with the successful completion of the Facility and the community

53 See Hearing Exhibit 104, p. 15, n. 2. 54 See Tr. 86-87; and, Hecate Greene Initial Brief, pp. 34-35. 55 Tr. 87. 56 Hecate Greene Initial Brief, p. 35.

CASE 17-F-0619

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would not be impacted if they were not applied.”57 Hecate Greene

opined that the Preliminary NCBP would provide a net

conservation benefit for T&E grassland birds in the community

and stated that the waiver request is the minimum necessary and

that no design change could reasonably obviate the waiver

request.

Following the filing of initial briefs, the Examiners

reopened the record so that the Applicant could supplement the

record regarding the Alternate Layout.58 In its supplemental

rebuttal testimony, Hecate Greene acknowledged that it proposes

a 0.8:1 mitigation acreage ratio.59 It again reiterated this

position in its Supplemental Initial Brief.60

We find the substantive portion of the local law,

namely the requirement for 1:1 habitat protection, to be

applicable.61 While the procedural processes described in the

local law are supplanted by the Article 10 process, substantive

requirements are nonetheless applicable. Here, we find that the

provision of the local law contains the substantive requirement

that applicants seek to provide habitat protection on a 1:1

ratio on an acre for acre basis, and it is applicable to the

Project.

We will not grant Hecate Greene’s request for waiver

of this provision. In the first instance, the request for

waiver was first made in the Applicant’s initial brief and the

Applicant did not update its Application Exhibit 31 with its

Alternate Layout application supplement to reflect the request.

57 Id. 58 Ruling on Process and Schedule (issued March 22, 2021). 59 Supplemental Tr. 38. 60 Hecate Greene Supplemental Initial Brief, p. 11. 61 In so finding we do not address whether the Town’s law may

exceed its authority in an area regulated by State law.

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Consequently, we find that the parties were not provided with

adequate notice of and opportunity to present evidence in

support of the local provision.

Therefore, we will require Hecate Greene to comply

with the local standard. The record reflects that the Facility

will impact approximately 356 acres of habitat and 289 acres are

identified to be managed pursuant to the final Net Conservation

Benefit Plan for the Facility. We will require Hecate Greene to

file a habitat preservation plan demonstrating protection of an

additional 67 acres of grassland habitat, thus providing a total

of 356 acres of grassland habitat protection. As conditioned,

we find that the Facility will comply with the local

requirements.

d. Town of Coxsackie Zoning Law 201-43

Saving Greene argues that the Facility is not

compliant with Town of Coxsackie Zoning Law §201-43 entitled

“Purpose.” This section of the zoning law describes Natural

Resource Protection Standards applicable to lands within the

Town of Coxsackie that contain natural resource constraints.

The provision raised by Saving Greene describes the purpose of

the standards provided in the law that are “designed to

identify, protect, conserve, enhance, restore, and maintain

significant natural features and the ecological connections

between them.”62 Saving Greene argues that Coxsackie Flats is a

natural resource deserving of protection that is not adequately

preserved by the proposed conditions.

Saving Greene’s exception is overruled. Hecate Greene

did not identify this provision of local law in its application

as a substantive applicable provision of local law. Saving

62 Hearing Exhibit 31, Application Exhibit 31, Appendix 31-A, p.

61.

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Greene did not identify this provision as applicable during the

proceeding or developed a record on it. Saving Greene has

therefore not preserved its opportunity to address this issue.

Nevertheless, we find that the identified provision does not

establish substantive standards applicable to the Project, but

rather explains the Town’s purpose of establishing certain

standards in its law. Saving Greene has made no effort to

describe with any particularity or record evidence why the

proposed conditions do not adequately preserve the Coxsackie

Flats.

C. Cumulative Impacts

The Examiners found that the New York State

Environmental Quality Review Act (SEQRA) is not applicable to

the Project. While Saving Greene recognizes that SEQRA does not

apply to Article 10 projects, it contends that Article 10’s

environmental assessment is designed to promote the same goals

which the Legislature sought to advance through SEQRA.63 It

refers to a provision in the Environmental Conservation Law that

declares a state policy to “encourage productive and enjoyable

harmony between man and his environment; to promote efforts

which will prevent or eliminate damage to the environment and

enhance human and community resources; and to enrich the

understanding of the ecological systems, human and community

resources important to the people of the state,”64 and another

provision that establishes the intention of the Legislature

“that all agencies conduct their affairs with the awareness that

they are stewards of the air, water, land and living resources,

63 Saving Greene Brief on Exceptions, p. 3. 64 Saving Greene Brief on Exceptions, p. 3 citing ECL §8-0101.

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and that they have an obligation to protect the environment for

the use and enjoyment of this and future generations.”65

Saving Greene contends that these policies are part of

the Article 10 process and that a Certificate should be denied

because the location of the Project will “have severe and

detrimental consequences to the surrounding environment,

habitat, and local community.”66 It argues that the Examiners

should have considered cumulative impacts of the Project with

the Flint Mine facility that was recently granted a Certificate

by the Siting Board. Saving Greene opines that the Examiners

should have considered the impact to community character of the

Municipalities if the Town’s local zoning provisions were

waived, particularly because the Siting Board waived those

provisions and granted a Certificate in the Flint Mine case. It

says that the combined impact of the two projects will change

the feel of the neighborhood –- natural vistas will be “replaced

with mechanical structures on an industrial scale.”67

Saving Greene has not identified any error with the

Examiners’ recommendation. We are sensitive to the fact that

this is not the only utility-scale solar facility proposed to be

sited in the Town of Coxsackie. However, we find that the

Facility, as designed and conditioned, will mitigate

environmental impacts to the maximum extent practicable.

Indeed, the siting of this Facility will advance the

environmental goals of the Climate Leadership and Community

Protection Act and will advance reaching State renewable goals.

With regards to maintaining community character, we

find that the Facility is designed to minimize impacts that are

65 Saving Greene Brief on Exceptions, p. 3 citing ECL §8-0103. 66 Saving Greene Brief on Exceptions, p. 4. 67 Saving Greene Brief on Exceptions, p. 10.

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of concern to the community. The Project is the result of

compromise to address various concerns raised by different

parties during the course of this proceeding, including the

Town, while also recognizing the landowner’s desire to lease his

land for the Project. As such, the Project “adequately reflects

the balancing of competing interests that is both characteristic

of such projects and consistent with Article 10’s overall

intent.”68

We acknowledge that by waiving the local zoning

ordinance, it does change the nature of the land use on the

parcels in question. However, we find that permanent

conversions of prime agricultural land are limited to 1.7 acres

and that the lands may be returned to agricultural use after

decommissioning, which would not necessarily be the case if the

land was to be developed for other non-agricultural uses such as

housing. Moreover, the lease payments from the Project will

help the participating landowner to continue farming operations

elsewhere in the Town while allowing him to retain the land used

for the Project for future agricultural uses,69 both of which

will help maintain the Town’s agricultural and rural community

character.

68 Case 17-F-0597, Application of High River Energy Center, LLC

for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility in Town of Florida, Montgomery County, Order Granting Certificate of Environmental Compatibility and Public Need, with Conditions (issued March 11, 2021), p. 110.

69 Hearing Exhibit 31, Application Exhibit 27, p. 13; Transcript of Public Statement Hearing held in the Afternoon of 9-29-20, pp. 10-11, 76, 78; Transcript of Public Statement Hearing held in the Evening of 9-29-20, pp. 23, 50-51.

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IV. CONCLUSION Based on the record before us, the exceptions to the

RD, the arguments of the parties, and all applicable laws and

policies, we grant the Certificate of Environmental

Compatibility and Public Need to Hecate Greene subject to the

Certificate Conditions, as modified, attached to this Order as

Appendix A.

The Board on Electric Generation Siting and the Environment orders:

1. The Recommended Decision of Examiners James A.

Costello, Ashley Moreno, and Molly T. McBride, to the extent

consistent with this opinion and order, is adopted and, together

with this opinion and order, constitutes the decision of this

Siting Board in this proceeding.

2. Except as here granted, all exceptions to the

Examiners’ Recommended Decision are overruled.

3. Subject to the conditions set forth in this order and

appended to it, a Certificate of Environmental Compatibility and

Public Need is granted, pursuant to Article 10 of the Public

Service Law, to Hecate Energy Greene 1 LLC, Hecate Energy Greene

2 LLC, and Hecate Energy Greene County 3 LLC (collectively,

Hecate Greene or Applicant) for the construction and operation

of a 50-megawatt (MW) photovoltaic (PV) solar electric

generating facility proposed to be located in the Town of

Coxsackie, Greene County, provided that the Applicant files a

written acceptance of the Certificate pursuant to 16 NYCRR

§1000.15(a) within 30 days after the date of issuance of this

opinion and order or within 30 days after the issuance of the

Siting Board’s final decision upon a petition for a rehearing,

if any.

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4. Upon acceptance of the Certificate granted in this

opinion and order or at any time thereafter, the Applicant shall

serve copies of its compliance filings in accordance with the

requirements set forth in 16 NYCRR §1002.2(c) and applicable

Certificate Conditions. Pursuant to 16 NYCRR §1002.2(d),

interested persons and parties may file comments on any

compliance filing within 21 days after its service date.

5. If the Certificate Holder decides not to commence

construction of the Project or any portion of the Project, it

shall so notify the Secretary in writing within 30 days after

making such decision and shall serve a copy of such notice upon

all parties and all entities entitled to service of the

application or notice of the application.

6. In the Secretary’s sole discretion, the deadlines set

forth in this order may be extended. Any request for an

extension must be in writing, include a justification for the

extension, and be filed at least one day prior to the affected

deadline.

7. This proceeding is continued.

By the New York State Board on Electric Generation Siting and the Environment,

(SIGNED) MICHELLE L. PHILLIPS

Secretary

CERTIFICATE CONDITIONS

Case No. 17-F-0619

CERTIFICATE CONDITIONS TABLE OF CONTENTS

I. Project Authorization .................................... 3

II. General Conditions ....................................... 6

III. Notifications ........................................... 11

IV. SEEP, Information Reports and Compliance Filings Requirements ............................................ 13

A. Site Engineering and Environmental Plan ................. 13

B. Information Reports ..................................... 14

1. General ................................................. 14

2. Permits and Approvals ..................................... 19

3. Plans, Profiles, and Detail Drawings ...................... 20

4. Environmental ............................................. 24

C. Compliance Filings ...................................... 25

1. General ................................................. 26

2. Health and Safety ......................................... 28

3. Plans, Profiles, and Detail Drawings ...................... 29

4. Environmental ............................................. 30

V. Noise and Vibration ..................................... 33

VI. Facility Construction and Maintenance ................... 35

A. General ................................................. 35

B. Environmental ........................................... 41

C. Threatened and Endangered (T&E) Species ................. 43

D. Wetlands and Streams, Vegetation, and Invasive Species .. 52

VII. Facility Operation ...................................... 59

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Certificate Conditions

I. Project Authorization 1. Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LC,

and Hecate Energy Greene County 3 LLC (Hecate Greene or the Certificate Holder) are authorized to construct and operate the Greene County Solar Facility (Facility), as described in the Application by Hecate Greene for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the New York State (State) Public Service Law (PSL) (the Application) and clarified by the Certificate Holders’ supplemental filings, updates and replies to discovery data requests, and additional exhibits, except as waived, modified or supplemented by the New York State Board on Electric Generation Siting and the Environment’s (Siting Board’s) Order Granting Certificate (Certificate) or other permits.

2. Pursuant to Title 16 of the New York Codes, Rules and

Regulations (NYCRR) §1000.15, the Certificate Holder shall, within 30 days after the issuance of the Certificate, file with the Siting Board either a petition for rehearing or a verified statement that it accepts and will comply with the Certificate for the Facility. Failure of the Certificate Holder to comply with this condition shall invalidate the Certificate.

3. Decisions on compliance filings will generally be made

at the next available session of the Board or the Commission, as the case may be, provided the compliance filing is received sufficiently in advance of such sessions that there is adequate time in the circumstances to receive comments and process the matter. If DPS Staff determine that a compliance filing requires additional information, details or deliberation, such that the filing will not be decided at the next available session of the Board or Commission, DPS Staff will notify the Certificate Holder, within 30 days of submission of the filing and inform the Applicant of the information needed to place the filing on the next available session.

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4. The Certificate Holder is responsible for obtaining all necessary permits and any other approvals, easements, and rights-of-way (ROWs) that may be required for the Facility and which the Siting Board is not empowered to provide or has expressly authorized. In addition, the Siting Board expressly authorizes the Public Service Commission (Commission) to require approvals, consents, permits, certificates or other conditions for the construction or operation of the Facility under the PSL, if applicable, with the understanding that the Commission will not duplicate any issue already addressed by the Siting Board and will instead only act on its police power functions related to the entity as described in the body of this Article 10 Certificate.

5. If the Certificate Holder believes that any action taken, or determination made, by a State or local agency or their respective staffs, in furtherance of such agency’s review of any applicable regulatory permits or approvals, or actions or the lack thereof by a utility subject to the Commission’s jurisdiction, is unreasonable or unreasonably delayed, conditioned, or withheld, the Certificate Holder may petition the Siting Board or the Commission, as the case may be, upon reasonable notice to that agency or utility, to seek a determination of any such unreasonable or unreasonably delayed, conditioned, or withheld action or determination. The permitting agency, agency staff, or utility, as the case may be, may respond to the petition, within ten days, to address the reasonableness of its action or determination.

6. Commencement of commercial operation or commercial

operation date (COD) is defined as the date on which the Facility as a whole first commences generating or transmitting electricity for sale, excluding electricity generated or transmitted during the period of onsite test operations and commissioning of the Facility. Commencement of construction is defined as the beginning of unlimited and continuous site clearing, site preparation (except installation of temporary erosion and sedimentation control measures) and grading activity; construction of the Facility and does not include staging, activities related to testing or surveying (such as geotechnical drilling and meteorological testing), together with such testing, surveying, drilling and

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similar preconstruction activities to determine the adequacy of the site for construction and the preparation of filings pursuant to these conditions.

7. Authorization is provided for construction, operation,

and maintenance of an approximately 50 MW photovoltaic solar power Facility located in the Town of Coxsackie, Greene County, New York, including solar panels, inverters, transformers, temporary and permanent access roads, aboveground and underground electrical lines, two collection substations, onsite temporary staging/laydown areas, fencing, lighting, and other temporary and permanent features necessary for the construction and long-term safe and reliable operation and maintenance of the Facility as further described in the Application. The Facility will provide energy to the New York State electric grid via three points of interconnection (POIs) within the Facility Area that will interconnect the two 20 megawatt (MW) portions of the Facility (Greene 1 and Greene 2), with the remaining 10 MW portion of the Facility (Greene 3) to interface with the transmission system via a short distribution voltage line to be provided to the local utility, Central Hudson Gas and Electric Corporation (CHGE), within an existing CHGE ROW that extends from the northern boundary of the Facility Area to the existing Coxsackie Substation approximately 0.9 miles from the Facility Area. The two on-site substations will serve as the POIs for each of the 20 MW portions of the Facility, and a switchgear station and above-ground 13.8 kilovolt distribution feeder line will serve as the POI for the remaining 10 MW portion of the Facility.

8. If the Certificate Holder decides not to commence

construction of any major portion of the Facility, it shall so notify the Secretary to the Siting Board (Secretary) in writing within 30 days of making such decision and shall serve a copy of such notice upon all parties in the same manner and at the same time as it files with the Secretary.

9. The Certificate Holder has not asserted that it has the power of eminent domain to acquire real property or demonstrated that the feasibility of the Facility relies in any way upon the Certificate Holder or any other entity having the power of eminent domain or exercising the power

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of eminent domain to acquire permanent or temporary real property rights for the Facility or for any of the access roads, construction staging areas, or interconnections necessary to service the Facility. By granting this Certificate to Hecate Greene, 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, the Siting Board is not making a finding of public need for any particular parcel of land such that a condemnor 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. As a condition of this Certificate, the Certificate Holder shall not commence any proceedings or cause any other entity having the power of eminent domain to commence any proceedings under the EDPL to acquire permanent or temporary real property rights for the Facility or for any of the access roads, construction staging areas, or interconnections necessary to service the Facility without an express amendment to this Certificate, granted by the Siting Board finding a public need for such acquisition.

10. This Certificate will automatically expire in 7 years

from the date of issuance of this Certificate (the “Expiration Date”) unless the Certificate Holder has completed construction and commenced commercial operation of the Facility prior to said Expiration Date.

11. The Secretary, or the Secretary to the Commission after

the Siting Board’s jurisdiction has ceased, may extend any deadlines established by this order for good cause shown. Any request for an extension must be in writing, include a justification for the extension, and be filed at least one day prior to the affected deadline.

II. General Conditions

12. Upon receipt of any and all permits for the Facility, the

Certificate Holder shall file notice of receipt of the permit(s) with the Secretary as soon as practicable. Should any permits be denied, the Certificate Holder shall file with the Secretary documentation demonstrating the reasons for the denial and how it plans to proceed with the Facility in light of the denial. Prior to the commencement of applicable phases of construction, the Certificate Holder shall file with the Secretary its

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applicable New York State Department of Transportation Highway Use and Occupancy permits, County and/or Town Road Use and Occupancy Permits, building permits if applicable, and any other required permits identified in Exhibits 31, 32, and 33 to the Application, as may be applicable or required to begin construction.

13. The Certificate Holder shall implement the impacts

avoidance, minimization, and mitigation measures, including as specified in the Net Conservation Benefit Plan, as described in the Application and clarified by Hecate Greene’s supplemental filings, updates, replies to discovery data requests and additional exhibits, and this Certificate. Such measures shall be a material term and condition of the Certificate.

14. The Certificate Holder shall construct and operate the

Facility in accordance with the substantive provisions of the applicable local laws as identified in Exhibit 31 of the Application and as such Application has been further clarified and supplemented by the Certificate Holder and by the Order of the Siting Board, except for the Town of Coxsackie’s zoning district restrictions for utility-scale solar (Code §§ 167-6(B)(1), (2)), lot coverage (Code § 167-6(B)(5)), buried lines and wiring (Code § 167-6(C)(4)(q)), and solar glare (Code § 167-6(C)(4)(o)). These provisions are determined by the Siting Board to be unreasonably burdensome in the view of existing technology, cost/economics, or consumer needs and shall not apply to the Facility.

a) Prior to commencement of construction, the Certificate

Holder shall submit as a Compliance Filing a habitat preservation plan as required by Town of Coxsackie Code § 201-50(B). Pursuant to Code § 201-50(B)(1)(c), the habitat preservation plan shall contain a demonstration that an additional 67 acres of grassland habitat over the 289 acres to be managed pursuant to the final Net Conservation Benefit Plan for the Facility will receive habitat protection, resulting in a total of 356 acres under habitat projection. The habitat preservation plan shall be filed for approval by the Siting Board in accordance with the rules for submittal, public comment, and decisions set forth in 16 NYCRR §1002.2 and §1002.3. The Certificate Holder shall implement all requirements of the compliance filing, as approved or amended by the Siting Board. The compliance filing

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shall be filed with the Secretary prior to the commencement of construction.

15. The Certificate Holder shall incorporate and implement, as appropriate, in all compliance filings and construction activities, American National Standards Institute (ANSI) standards and measures for engineering design, construction, inspection, maintenance and operation of its authorized Facility, including features for Facility security and public safety, utility system protection, plans for quality assurance and control measures for Facility design and construction, utility notification and coordination plans for work in close proximity to other utility transmission and distribution facilities, vegetation and Facility maintenance standards and practices, emergency response plans for construction and operational phases, and complaint resolution measures.

16. The Certificate Holder shall work with CHGE, and any

successor Transmission Owner (as defined in the New York Independent System Operator (NYISO) Agreement), to ensure that, with the addition of the Facility (as defined in the Interconnection Agreements between the Certificate Holder, NYISO and CHGE), the Facility will have power system relay protection and appropriate communication capabilities to ensure that operation of the CHGE transmission system is adequate under Northeast Power Coordinating Council (NPCC) standards, and meets the protection requirements at all times of the North American Electric Reliability Corporation (NERC), NPCC, New York State Reliability Council (NYSRC), NYISO, and CHGE, and any successor Transmission Owner (as defined in the NYISO Agreement). Prior to interconnecting the Facility to the transmission system, the Certificate Holder shall obtain CHGE’s review and approval of the Facility’s relay protection and communication system.

17. The authority granted in the Certificate and any

subsequent Order(s) in this proceeding is subject to the following conditions necessary to ensure adherence with such Order(s):

a) The Certificate Holder shall regard the Department of

Public Service Staff (Staff or DPS Staff), authorized pursuant to PSL §66(8), as the Siting Board’s representatives in the field and, after the Siting

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Board’s jurisdiction has ceased, as the Commission’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 Certificate, Compliance Filings, or any other order in this proceeding, such DPS Staff may issue a stop work order for that location or activity.

b) A stop work order shall expire 24 hours after issuance

unless confirmed by the Siting Board, or the Commission after the Siting Board’s jurisdiction has ceased, including by Order issued by the Chair of the Siting Board or by one Commissioner of the Commission. DPS Staff shall give the Certificate Holder notice by electronic mail of any application to the Siting Board or Commissioner to have a stop work order confirmed. If a stop work order is confirmed, the Certificate Holder may seek reconsideration from the confirming Chair of the Siting Board, Commissioner, the Siting Board or the whole Commission. If the emergency prompting the issuance of a stop work order is resolved to the satisfaction of DPS Staff, the stop work order will be lifted. If the emergency has not been satisfactorily resolved, the stop work order will remain in effect.

c) Stop work authority shall be exercised sparingly and

with due regard to potential environmental impact, economic costs involved, possible impact on construction activities, and whether an applicable statute or regulation is violated. Before exercising such authority, DPS Staff will consult wherever practicable with the Certificate Holder’s representative(s) possessing comparable authority. Within reasonable time constraints, all attempts will be made to address any issue and resolve any dispute in the field. In the event the dispute cannot be resolved, the matter will be brought immediately to the attention of the Certificate Holder’s project managers and the Director of the DPS Office of Electric, Gas and Water. If DPS Staff issues a stop work order, neither the Certificate Holder nor the contractor(s) will be prevented from undertaking any safety-related activities as they deem necessary and appropriate under the circumstances. Issuance of a stop work order or the implementation of measures as described below may be directed at the sole discretion of DPS Staff during these discussions.

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d) If DPS Staff discovers a specific activity that represents a significant environmental or public safety threat that is, or immediately may become, a violation of the Certificate, Compliance Filings, or any other Order in this proceeding, DPS Staff may -- in the absence of responsible Certificate Holder supervisory personnel, or in the presence of such personnel who, after consultation with DPS Staff, refuse to take appropriate action -- direct the field crews to stop the specific potentially harmful activity immediately. If responsible Certificate Holder personnel are not on site, DPS Staff will immediately thereafter inform the Certificate Holder’s construction supervisor(s) (during Construction), the Certificate Holder (during operation), environmental monitor(s), and/or the Facility’s dedicated health, safety, and environmental manager (“HSE Manager”) of the action taken. The stop work order may be lifted by DPS Staff if the situation prompting its issuance is resolved.

e) If DPS Staff determines that a significant threat

exists such that protection of the public or the environment at a particular location requires the immediate implementation of specific measures, DPS Staff may, in the absence of responsible Certificate Holder supervisory personnel, or in the presence of such personnel who, after consultation with DPS Staff, refuse to take appropriate action, direct the Certificate Holder or the relevant contractors to implement the corrective measures identified in the approved Certificate or Compliance Filings. However, all directives must follow the protocol established for communication between parties as required by the Facility Communications Plan which will be made available at the Certificate Holder’s construction site.

The field crews shall immediately comply with DPS Staff’s directive as provided through the communication protocol. DPS Staff will immediately thereafter inform the Certificate Holder’s Construction Inspector(s), HSE Manager, and/or environmental monitor of the action taken. DPS Staff will promptly notify the New York State Department of Environmental Conservation (DEC), Division of Environmental Permits, Chief, Energy

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Project Management Bureau, 625 Broadway, Albany, NY 12233-1750 and the Natural Resource Supervisor for Region 4, of any activity that involves a violation of a permit issued by the DEC for the Facility pursuant to federally delegated or approved authority, as required by PSL § 172(1).

18. The Certificate Holder shall notify its contractors that

the Siting Board may seek to recover penalties for any violation of the Certificate and other Orders issued in this proceeding, not only from such Certificate Holder, but also from its contractors and that contractors also may be liable for other fines, penalties, and environmental damage.

19. The Certificate Holder shall construct and operate the

Facility in a manner that conforms to all substantive State requirements identified in Exhibit 32 of the Application.

20. Activities required to enable engineering and environmental surveys and access for testing necessary for preparation of final facilities design, Compliance Filings, and site plan preparation, including minor trimming, cutting, and removal of vegetation and trees for such purposes, are not considered construction.

III. Notifications

21. At least 14 days prior to the Certificate Holder’s

commencement of site preparation, clearing and/or construction, as described for Condition 6, the Certificate Holder shall notify the public as follows:

a) Provide notice by mail to host landowners,

adjacent landowners within 2,500 feet of a proposed solar collector array or switchyard, or within 500 feet of other Facility components, and persons who reside on such property (if different from the landowner);

b) Provide notice to local Town and County

officials and emergency personnel;

c) Publish notice in the local newspapers of record for dissemination and at least one free

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publication if available (e.g., Shop & Find);

d) Provide notice for display in public places, which shall include, but not be limited to, the Town Hall of the host municipality, the library in the host municipality, the post office in the host municipality, the Facility website, document repositories, and the Facility construction trailers/offices(when such are located on site); and

e) File notice with the Secretary for posting on

the DPS Document Matter Management website. 22. The Certificate Holder shall write the notice(s)

required in Condition 21 in language reasonably understandable to the average person and shall ensure that the notice(s)contain:

a) A map of the Facility;

b) A brief description of the Facility;

c) The construction schedule and transportation

routes;

d) The name, mailing address, local or toll-free telephone number, and email address of the Facility Development Manager and Construction Manager;

e) The locations of Facility information (website,

repositories, etc.) and procedure and contact information for registering a complaint; and

f) Contact information for the Secretary

to the Siting Board and Commission. 23. Upon distribution of Notice, and prior to commencement of

construction, the Certificate Holder shall notify the Town Supervisor and the Town Clerk of the affected municipality where the Notice required in Condition 21 has been posted.

24. At least seven (7) business days prior to commencement of

construction, the Certificate Holder shall file with the Secretary an affirmation that it has provided the

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notifications required by this Section III and include a copy of the notice(s) under this Section as well as a distribution list.

25. Prior to the end of construction, the Certificate Holder

shall notify the entities identified in Condition 21(a), 21(b), and 21(e) with the contact name, telephone number, email and mailing address of the Facility Operations Manager.

26. The Certificate Holder shall file a written notice with

the Secretary within 30 days of Mechanical Completion as defined in the Certificate Holder’s construction contracts and provide an anticipated date of commencement of commercial operation of the Facility.

27. At the same time a Notice of Termination is issued under

the State Pollutant Discharge Elimination System (“SPDES”) General Permit, the Certificate Holder shall notify the Secretary that all post-construction restoration has been completed in compliance with this Certificate and the Order(s) approving all applicable compliance filings.

IV. SEEP, Information Reports and Compliance Filings

Requirements

A. Site Engineering and Environmental Plan

28. Prior to the commencement of construction of the Facility, the Certificate Holder shall submit a Site Engineering and Environmental Plan (SEEP) in accordance with the attached “Guidance for the Development of Site Engineering and Environmental Plans for the Greene County Solar Facility” (SEEP Guide), which shall describe in detail the final Facility design and the environmental protection measures to be implemented during construction of the Facility. The Certificate Holder’s adherence to the SEEP Guide will be achieved to the maximum extent practicable. Any deviation from the relevant and applicable requirements of the SEEP Guide attached to this order shall be justified in the SEEP and shall be subject to approval by the Siting Board, as applicable. The SEEP will include a table outlining the specific Certificate Conditions, informational reports, and compliance filings incorporated into the SEEP with references to the section of the SEEP where those conditions may be found.

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a) The SEEP shall be submitted in accordance with

the rules for submittal, public comment, and decisions set forth in 16 NYCRR §1002.2 such that the Siting Board, or Commission after the Board’s jurisdiction has ceased, can review and approve the incorporated compliance filings as outlined in this Certificate.

B. Information Reports

The following written information reports and other documents shall be filed with the Secretary in accordance with 16 NYCRR §1002.4. The following information reports and other documentation shall be filed with the Secretary prior to the commencement of construction date, unless otherwise noted:

1. General

29. Documentation, redacted as needed to protect confidential

information, demonstrating that all necessary agreements are in place for use of the Facility Area for starting construction and operation (e.g., landowner agreements, easements, or Good Neighbor Agreements).

30. Interconnection:

a) The Interconnection Agreement between the NYISO,

CHGE, and the Certificate Holder. Any updates or revisions to the Interconnection Agreement shall be filed throughout the life of the Facility.

b) Except in the event of an emergency, if any

interconnection equipment or associated control system with materially different characteristics is installed throughout the life of the Facility, the Certificate Holder shall provide to CHGE information regarding the need for, and the nature of, the change per the requirements and deadlines of the Interconnection Agreement. Such information will simultaneously be filed the Secretary. If any such change is made in the event of an emergency, the Certificate Holder shall notify the Secretary as soon as practicable, but in no event later than one week after the date of installation.

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31. Facilities Studies:

c) Subject to critical infrastructure restrictions,

all final Facilities Studies issued by CHGE and the NYISO shall be provided to DPS Staff within 14 days of final issuance by NYISO.

d) Any updated facilities agreements also will be

filed throughout the life of the Facility. 32. Any System Impact Studies (SISs) performed in accordance

with the NYISO Open Access Transmission Tariff (OATT) approved by the Federal Energy Regulatory Commission, and all appendices thereto, reflecting the interconnection of the Facility.

33. The Certificate Holder shall file PV solar module

model(s) information for the Facility, if not already provided to the Siting Board.

34. The Facility’s electrical collection system shall be designed in accordance with applicable standards, codes, and guidelines as specified in Exhibit 5 of the Application.

35. In the event that the final Facility design requires a

Special Protection System, the Certificate Holder shall file a report with the Secretary regarding implementation of such system, which is designed to avoid possible overloads from certain transmission outages, as well as copies of all studies that support the design of such a system. In addition, the Certificate Holder shall provide all documentation for the design of special protection system relays, with a complete description of all components and logic diagrams. Prior to commencement of operations, the Certificate Holder shall demonstrate through appropriate plans and procedural requirements that the relevant components of the Special Protection System will provide effective protection.

36. Prior to the Certificate Holder providing final design

plans and profile drawings of the interconnection facilities, the Certificate Holder shall work with CHGE to ensure such documents are in accordance with the Interconnection Agreement and CHGE’s Electric System Bulletins, as well as the New York State High Voltage

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Proximity Act.

37. If applicable, a Relay Coordination Study that has been reviewed and accepted by CHGE shall be filed at least thirty days prior to the projected date for commencement of commercial operation of the Facility or upon acceptance by CHGE, or upon completion of equipment testing under the Interconnection Agreement if acceptance by CHGE is delayed.

38. The Certificate Holder shall file with the Secretary, within 1 year after the Facility becomes operational, a tracking report of the actual number of direct jobs created during the construction and operational phases of the Facility, as well as the actual tax payments to local jurisdictions made during the construction and operation phases of the Facility.

39. Prior to commencement of construction, the Certificate Holder shall submit to DPS Staff a Facility Communications Plan identifying the Certificate Holder’s construction organizational structure, contact list, and protocol for communication between parties. The plan shall include the names and contact information of all individuals responsible for Facility oversight.

40. The Certificate Holder shall file complete documentation of its emergency procedures and list of emergency contacts. The Certificate Holder shall file annually with the Secretary an updated copy of its emergency procedures and list of emergency contacts and with documentation of any modifications. The Certificate Holder may file separate emergency procedures for construction and operation. Emergency procedures for construction must be filed prior to the commencement of construction and emergency procedures for operation must be filed prior to the commencement of commercial operation.

41. The Certificate Holder shall submit a Final Complaint

Resolution Plan for both the construction and operation phases of the Facility, which shall be developed in consultation with the Town and DPS. The plan shall also contain a copy of the Noise Complaint Resolution Protocol identified in Certificate Condition 43. A copy of the Final Complaint Resolution Plan shall be shared with the Town and filed at the Facility document repositories and

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on the Facility website. The plan shall address complaint reporting and resolution procedures for anticipated construction and operation issues. The plan shall include protocols for:

a) registering a complaint;

b) notifying the public of the complaint procedures; c) responding to and resolving complaints in a

consistent and respectful manner; d) logging and tracking of all complaints

received and resolutions achieved; e) reporting to DPS Staff any complaints not

resolved within 30 days of receipt;

f) reporting complaints to the Town of Coxsackie, the Village of Coxsackie, or the Village of Athens upon request. If requested, a copy of the complaint log will be sent via email within seven (7) business days to the Town of Coxsackie, the Village of Coxsackie, or the Village of Athens.

g) mediating complaints not resolved within 60

days; and h) providing annual reports of complaint

resolution tracking to DPS Staff that shall also be filed with the Secretary.

i) Under no circumstances may a Town of

Coxsackie, Village of Coxsackie, or Village of Athens resident be required to pay for the cost of noise testing.

42. The Certificate Holder shall coordinate with the State,

County, and local municipalities, as applicable, to respond to any locations that may experience any traffic flow or capacity issues, unanticipated in the Application, that result from Facility construction. The Certificate Holder shall file with the Secretary the following regarding potential transportation impacts in accordance with applicable requirements in Section 3.7 (Transportation) of the SEEP Guide attached as Appendix A

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prior to the commencement of the specific construction activity requiring such permitting:

a) Copies of all necessary transportation permits

from the affected State, County, and Town agencies. 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 work within the ROW, Traffic Signal Permits to work within the ROW, Special Haul Permits for oversize/overweight vehicles, and Divisible Load overweight Permits, Road Use Agreements, if applicable; and

b) Maps of final transportation routes for

Facility component deliveries. c) The final Road Use Agreement by and between

the Certificate Holder, the Town of Coxsackie, and, if applicable, the County of Greene.

43. The Certificate Holder shall handle all noise

complaints by following the appended Noise Complaint Resolution Protocol (Appendix B, hereto) and the following Certificate Conditions.

44. The Certificate Holder is required to maintain a log of

complaints and resolutions during construction and operations of the Facility. The log shall include: the name and contact information of the person that lodges the complaint; the name of the property owner(s); the 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. It will also include a description of the complaint resolution, if resolution is feasible. The complaint log, which will be maintained by the Certificate Holder, will be made available to the DPS Staff and Town of Coxsackie. Upon request by DPS or the Supervisor for the Town of Coxsackie, will send the complaint log via email within seven business days to DPS Staff and the Town of Coxsackie.

45. All complaints received shall be reported to the Siting

Board, or the Commission after the Board’s jurisdiction has ceased, monthly during the first three years of

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commercial operation and quarterly thereafter, by filing with the Secretary during the first 10 calendar days of each month (or the first 10 calendar days of each quarter after three years) copies of the complaints and, if available, a description of the probable cause; the status of the investigation,; summary of findings; and whether mitigation measures have been implemented. If no complaints are received, the Certificate Holder shall submit a letter to the Secretary indicating that no complaints were received during the reporting period. A copy of those filings should be provided simultaneously to the Town of Coxsackie.

2. Permits and Approvals

46. Copies of any and all federal permits and/or approvals

required to conduct jurisdictional activities associated with certain aspects of construction and operation of the Facility shall be filed with the Secretary upon receipt of such permits and/or approvals. If, due to conditions of federal permits and/or approvals, relevant Facility plans require changes that are likely to result in significant adverse environmental impacts or an adverse environmental impact not included in the Application, the design drawings and applicable compliance filings shall be revised accordingly and submitted for review and approval pursuant to 16 NYCRR §1002.2 and §1002.3, as appropriate.

47. Copies of any local or state permits and/or approvals

required for construction and operation of the Facility, if such approvals were authorized by the Siting Board, shall be filed with the Secretary if not otherwise included in other filings (e.g., Stormwater Pollution Prevention Plan (SWPPP), MS4 approvals (if applicable), 5-acre waiver (if necessary), DEC’s acknowledgement of Notice of Intent for coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity)). As applicable, the Certificate Holder shall submit for review the building plans to an entity qualified by the NYS Department of State, in order to obtain compliance certified with the NYS Uniform Fire Prevention and Building Code, the Energy Conservation Construction Code of NYS, and the substantive provisions of any applicable local electrical, plumbing, or building code. Said certification shall be filed as an Informational Filing with the Board. If, due to conditions

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of local or state permits and/or approvals, relevant Facility plans require changes that are likely to result in significant adverse environmental impacts or an adverse environmental impact not included in the Application, the design drawings and applicable compliance filings shall be revised accordingly and submitted for review and approval pursuant to 16 NYCRR §1002.2 and §1002.3, as appropriate.

a) The Board hereby authorizes the New York State

Department of Transportation (NYS DOT) 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.

3. Plans, Profiles, and Detail Drawings

48. Prior to commencement of commercial operation of the

Facility, the Certificate Holder shall incorporate the following measures for visual impact minimization into final Facility design drawings and operational and maintenance provisions:

a) Advertisements or conspicuous lettering identifying the PV solar module manufacturer, or any other supplier entity, other than typical site signage at site entrances, shall not be allowed;

b) “Good housekeeping” would be implemented to

maintain the Facility Area free of debris, trash, and waste during construction;

c) Clearing of vegetation that is essential for

visual screening will be limited. Some vegetation clearing and trimming of vegetation may be planned to provide area for solar panels and to mitigate shading of solar panels, however portions of the Facility, particularly the western and southeast areas, are bordered by existing trees, which will be retained and act as a screen to neighboring properties. Some tree removal on the northern border is required for solar equipment;

d) Prior to the commencement of construction, the

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Certificate Holder shall submit a final Visual Mitigation Planting Plan (VMPP) which shall be appropriate for the scale of the Facility and visual character of the surrounding area and use only native species or orchard crop species, at any time during the implementation of the VMPP.

e) The Certificate Holder will retain a qualified

consultant (i.e., Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) to inspect the visual mitigation plantings at 6 months and 1 year following installation to identify any plant material that did not survive, appears unhealthy, and/or otherwise needs to be replaced. The Certificate Holder will remove and replace plantings that fail in materials, workmanship or growth within 6 months and 1 year following the completion of installing the plantings.

f) Following the first-year inspection, the

Certificate Holder will retain a qualified consultant (i.e., Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) to review landscape plantings on an annual basis for the next 4 years (i.e., on annual basis for the first 5 years of Facility operation) to confirm that the landscape plantings are functioning to provide visual screening per the VMPP. Results of this review will be filed with the Secretary. The qualified consultant (i.e., Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) will recommend remedial measures identified, along with a schedule for implementation, if necessary.

g) The Certificate Holder will review the visual

mitigation plantings as part of routine maintenance following the 5-year monitoring period to evaluate the health condition of the plantings.

h) In the case of excessive damage or localized

die-back of the mitigation plantings after the first 5 years, planting condition will be evaluated by a qualified consultant (i.e.,

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Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) to evaluate and determine if the mitigation plantings are accomplishing the mitigation/screening goals set forth in the VMPP. If the remaining vegetation does accomplish these goals, then no further action is necessary. If deemed insufficient, new plantings or other means of screening will be recommended for installation.

i) In the circumstance that the Certificate Holder

will need to remove and replace plantings that fail, equipment operation required to remove and replace plantings will be consistent with the New York State Department of Agriculture and Market’s (“AGM’s”) Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands (Revision 10/18/2019).

j) The site environmental conditions cause the PV arrays to be broken up into smaller sections interspersed with natural vegetated landscape which will help to mitigate the visual effects from surrounding areas;

k) When construction is complete, areas disturbed during the construction process will be reseeded;

l) Panels will have anti-reflective coatings that

will reduce the level of reflectivity;

m) Complaints regarding unanticipated glare from PV panels at non-participating residences or roadways will be resolved in accordance with the Final Complaint Resolution Plan, and potential mitigation will be considered if determined to be necessary to resolve unanticipated glare impacts;

n) The electrical collection system will be located

underground, to the extent practicable. Structures will only be constructed overhead for portions where necessary based on engineering, construction, or environmental constraints;

o) Outdoor night lighting at the site entrances and

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substations will be kept to the minimum required for health and safety, security, or emergencies. Maintenance lighting will be manually activated in the event of an outage or other repair-related event at the substation or at other equipment locations during nighttime hours and will be turned off after repairs are completed;

p) The chain-link fence surrounding the Facility Area will have a dulled galvanized finish or coating to reduce its contrast with the surroundings and will be screened by existing or planted vegetation;

q) Lighting at site entrances will avoid use of drop down light fixtures and be directed so to avoid spilling light offsite.

49. As-built drawings in both hard and electronic form shall

be provided as follows within six months of the commencement of commercial operation of the Facility and shall include the following:

a) Geographic Information System (GIS) shapefiles

showing PV arrays, roads, inverters, transformers, AC collection lines, substation and switchyard, Facility fencing, interconnection line, entrance gates, utility crossings, and property line setbacks (provided to DPS and DEC);

b) Collection circuit layout map (provided to DPS and

DEC and filed with the Secretary); and c) PDF as-built drawings showing details for all

Facility components, including, but not limited to: PV arrays, roads, inverters, transformers, AC collection lines, substation and switchyard, Facility fencing, interconnection line, entrance gates, and property line setbacks (provided to DPS and DEC and filed with the Secretary).

50. A Final Site Security Plan for Facility construction must

be submitted prior to the commencement of construction and security provisions for operation must be submitted prior to the commencement of commercial operation.

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51. A DEC-accepted Final Storm Water Pollution Prevention Plan

(SWPPP), 5-acre waiver (if necessary), and DEC’s acknowledgement of the Notice of Intent for coverage under SPDES General Permit for Stormwater Discharges from Construction Activity in effect at the time shall be filed prior to construction.

4. Environmental

52. If additional geotechnical investigations are required for

the final design of the Facility, the Certificate Holder shall prepare an updated “Geotechnical Engineering Report” verifying subsurface conditions and characterizing subsurface conditions at the Facility site, including where horizontal directional drilling (HDD) is proposed. The Geotechnical Engineering Report shall identify appropriate mitigation measures required in locations with highly corrosive soils, soils with a high frost risk, soils with high shrink or swell potential, and locations where subsurface karst conditions are observed. This report shall be submitted prior to commencement of construction.

53. Water Supply Protection:

a) Pier and post-driving activities shall be prohibited within 100 feet of any existing, active potable water supply well.

b) The Certificate Holder 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 Certificate Holder is granted access by the property owner:

i. Collection lines or access roads within 100 feet of an existing, active potable water supply well on a non-participating parcel;

ii. pier or post installations within 200 feet of an existing, active potable water supply well on a non-participating parcel;

iii. HDD operations within 500 feet of an

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existing, active potable water supply well on a non-participating parcel.

c) To ensure compliance with the potable water

supply well setbacks and testing requirements established per Conditions 51(c) and (b), the Certificate Holder shall conduct a private well survey within a 1,000 foot radius of the Facility Site. The locations of public and private wells that may be impacted by the Facility will be field verified if access to the respective properties is obtained. The Certificate Holder shall provide a list of private wells, identified through the private well survey, and available well design and production information (to the extent provided in response to well surveys). The survey shall solicit well construction details, usage patterns, and water quality data (e.g., odor, color, taste, or testing information if available), as well as include educational information describing the Facility and the Article 10 process, ways to contact Facility personnel, a link to the Certificate Holder’s website, and methods by which survey recipients can obtain additional information regarding the Facility and be added to the stakeholder list. Well owners who provide information about an active well will be added to the stakeholder list.

d) Should the NYSDOH-certified laboratory testing

conclude that the water supplied by an existing, active potable water supply well met State and federal standards for potable water prior to construction, but failed to meet such standards post-construction, the Certificate Holder shall cause a new water well to be constructed, in consultation with the property owner, at least 100 feet from collection lines and access roads and at least 200 feet from all other Facility components, as practicable given siting constraints and landowner preferences.

C. Compliance Filings

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The following plans, drawings, and other documents shall be filed for approval by the Siting Board in accordance with the rules for submittal, public comment, and decisions set forth in 16 NYCRR §1002.2 and §1002.3. The Certificate Holder shall implement all requirements of the compliance filings, as approved or amended by the Siting Board. Required compliance filings shall be filed with the Secretary prior to the commencement of construction date for that portion of the Facility covered by the particular compliance filing, unless otherwise noted.

1. General

54. Prior to commencement of construction, a Final Decommissioning Plan shall be submitted. Financial security will be in the form of a letter of credit, established by the Certificate Holder, to be to be solely for the benefit of, and held by the Town of Coxsackie. The letter of credit shall remain in effect for the life of the Facility and shall not be subject to claims or encumbrances of the Certificate Holders’ secured or unsecured creditors nor considered to be property of a bankruptcy estate. The total amount of the financial security created for the Town of Coxsackie will represent the total final decommissioning and site restoration estimate, as described below. The financial security shall remain active until the Facility is fully decommissioned. The Final Decommissioning Plan will include the following:

a. A final decommissioning and site restoration

estimate (offset for Facility salvage value is not permitted in the calculation of the estimate) based on the final Facility layout. The costs will be allocated to the Town based on the estimated cost associated with removal and restoration of the facilities. The estimate shall be updated by a qualified independent engineer licensed to practice engineering in the State of New York to reflect inflation and any other changes after 1 year of Facility operation, and every 5th year thereafter. Updated estimates will be filed with the Secretary after 1 year of Facility operation and

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every 5th year thereafter; b. Documentation indicating approval by the

Town of Coxsackie of an acceptable form of letter of credit;

c. Proof that the letter(s) of credit have been

obtained in the final decommissioning and site restoration estimate amount, as calculated pursuant to the Final Decommissioning Plan;

d. Copies of agreements between the Certificate

Holder and the Town of Coxsackie, establishing a right for the Town of Coxsackie to draw on the financial security;

e. Procedures and timeframes for providing written

notice to the Town of Coxsackie, DEC, and host and adjacent landowners of planned decommissioning and site restoration activities prior to commencement of those activities. Where former agricultural lands will be returned to their former agricultural state, the Certificate Holder will provide notice to AGM and will follow the restoration of agricultural lands according to the Solar Energy Projects – Construction mitigation for Agricultural lands (Revision 10/18/2019), to the maximum extent practicable and as described in the Application; and

f. The Certificate Holder’s decommissioning plan

shall adhere to all state laws and regulations in effect at the time of decommissioning regarding the disposal and/or recycling of components.

55. Decommissioning will commence if the Facility has not generated electricity for a period of 12 continuous months, unless the 12-month period of no energy output is the result of a repair, restoration or improvement to an integral part of the Facility that affects the generation of electricity and that repair, restoration or improvement is being diligently pursued by the Certificate Holder), or a force majeure event. In the event that the Certificate Holder anticipates that

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corrective options (regarding energy output) will extend beyond that 12-month period, it will file a notice with the Secretary, describing the circumstance, and provide updates regarding the estimated amount of time required for those actions.

56. Prior to the commercial operation date, the Certificate Holder shall file with the Secretary, updated Operation and Maintenance Plan(s) for the Facility. The plan(s) shall demonstrate conformance with manufacturer’s required maintenance schedules, the SWPPP, SPCC, and good utility practice.

2. Health and Safety

57. A Final Construction Site Security Plan, Operations Site Security Plan and Emergency Action Plan to address site security during construction and operation shall be provided to DPS Staff, the NYS Division of Homeland Security and Emergency Services, and local emergency responders that serve the Facility. The Certificate Holder may submit separate emergency procedures for construction and operation, if preferred. Emergency procedures for construction must be submitted prior to the commencement of construction and emergency procedures for operation must be submitted prior the commencement of commercial operation.

58. Final site-specific construction Quality Assurance and Quality Control Plan (QA/QC Plan), to be developed in coordination with the selected construction contractor.

59. Prior to the commencement of construction of the

collection substations, a Facility Exterior Lighting Plan Drawing shall be submitted for review and approval by the Siting Board. The Plan shall address:

a. Security, maintenance, and emergency lighting

needs at the collection substations and the main entrance;

b. plan and profile figure to demonstrate the

lighting area needs and proposed lighting arrangement at the collection substations and where otherwise required within the Facility Area;

c. emergency lighting should be designed to

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provide safe working conditions at appropriate locations and only activated during nighttime maintenance activities;

d. exterior lighting design shall be specified to

avoid off-site lighting effects, by:

i. use of task lighting as appropriate to perform specific tasks; task lighting shall be designed to be capable of manual or auto-shut off switch activation rather than motion detection; and

ii. for lighting other than where required

for safety or emergency lighting, full cutoff fixtures, with no drop- down optical elements (that can spread illumination and create glare), shall be required for permanent exterior lighting.

3. Plans, Profiles, and Detail Drawings

60. Maps, site plans, profile figures, and environmental

controls and construction details incorporating all components of the final layout of the Facility shall be provided as compliance filings, except as otherwise noted in these conditions, and shall comply with the requirements set forth in the SEEP Guide to the extent such requirements are applicable to the Facility.

61. Final design drawings, site plans, and construction

details shall be filed as compliance filings, shall include the informational requirements stated in the SEEP Guide, and will show Facility setback dimensions that meet or exceed the setback requirements adopted by the Board.

62. The drawings and plans shall provide all information

required by the SEEP Guide, relating to Facility component crossings of, or co-locations with, existing easements within the Facility Area.

63. The Certificate Holder shall provide Geographic

Information System (“GIS”) shapefiles to DPS and DEC showing PV arrays, roads, inverters, transformers, AC

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collection lines, substation and switchyard, Facility fencing, interconnection line, entrance gates, utility crossings, and property line setbacks.

4. Environmental

64. Final Invasive Species Management Plan (ISMP) for the

Facility. The Final ISMP shall include pre-construction invasive species control, if necessary, construction materials inspection and sanitation, invasive species treatment and removal, and site restoration in accordance with the Facility’s final approved SWPPP. A post-construction monitoring program (MP) shall be conducted in year 1, year 3, and year 5 following completion of construction and restoration. The MP shall collect information to facilitate evaluation of ISMP effectiveness. At the conclusion of the MP, a report shall be submitted to DPS Staff, DEC, and “AGM”, and filed with the Secretary, that assesses how well the goal of no net increase of invasive species per the recommendation of the ISMP is achieved. In the event that the report concludes that ISMP goals are not met, and there is an increase of invasive species due to Facility construction, the Certificate Holder, DPS, DEC and AGM will meet to consider why initial control measures were ineffective and the probability of successful additional treatment measures without the need for perpetual treatments.

65. A final Vegetation Management Plan for the Facility. 66. An Inadvertent Return Plan showing all locations where

horizontal directional drilling (HDD) is proposed (if applicable). The plan shall assess the potential impacts from frac-outs at the proposed drilling locations, establish measures for minimizing the risk of adverse impacts to nearby environmental resources, and contain details as outlined in Section B of SEEP Guide (Section 3.12 Inadvertent Return Plan).

67. A final Spill Containment and Countercontrol Measures

(SPCC) Plan to minimize the potential for unintended releases of petroleum and other hazardous chemicals during Facility construction will be developed and kept onsite in accordance with any applicable regulations.

a. The SPCC Plan must be consistent with DEC

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Spill Reporting and Initial Notification Requirements Technical Field Guidance.

68. The Certificate Holder shall file a Final Landscaping Plan

with the Secretary within 1 year of the commercial operation date of the Facility.

69. Cultural Resources Protection Measures shall be considered

in the Facility plans, including:

a. Plans to avoid or minimize impacts to archeological and historic resources to the extent practicable. Construction, including site preparation, clearing or other disturbance, shall not be allowed in any areas that have not been reviewed and approved for the presence of cultural resources. The Certificate Holder shall indicate, on a final SEEP or equivalent documents, measures for avoidance of archaeological sites identified within the Facility Area, if applicable. The mapped locations of all identified archaeological sites within 100 feet of proposed Facility-related impacts shall be identified as “Environmentally Sensitive Areas” or similar on the final Facility construction drawings, and marked in the field by construction fencing with signs that restrict access.

b. A Final Unanticipated Discovery Plan,

establishing procedures in the event that resources of cultural, historical, or archaeological importance are encountered during Facility construction. The plan will include a provision for immediate work stoppage of all ground-disturbing construction activities within 100 feet upon the discovery of possible archaeological resources or human remains. Evaluation of such discoveries, if warranted, shall be conducted by a Registered Professional Archaeologist, qualified according to New York Archaeological Council Standards. Work shall not resume in the area of such resources or remains until written permission is received from the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP).

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c. If complete avoidance of archaeological sites is not possible, the Certificate Holder shall consult with the NYSOPRHP and DPS Staff to determine if Phase II investigations or mitigation is warranted. The results of any Phase II investigations and/or identification of mitigation measures will be included in the plans.

d. A Final Cultural Resources Mitigation and Offset

Plan, either as adopted by a federal permitting agency in subsequent National Historic Preservation Act (NHPA) §106 review, or as proposed in the Application Supplements and as revised in further consultation with New York State Historic Preservation Office (SHPO) in the event that the NHPA §106 review does not require that the mitigation plan be implemented, or as further supplemented pending any negotiations among parties. Proof of mitigation funding awards for offsetting Facility implementation to be provided within 2 years of the start of construction of the Facility shall be included.

70. The compliance filings will include information regarding

how the Certificate Holder has avoided and minimized wetland impacts to the maximum extent practicable. If wetland mitigation is required, a final wetland mitigation plan addressing impacts to State and federally regulated wetlands shall be developed in coordination with the U.S. Army Corps of Engineers (ACOE), DEC, and DPS, as necessary to satisfy applicable State and federal regulations. The plan shall provide for compensatory wetland mitigation for permanent conversion or loss of existing State and federal jurisdictional wetland area due to construction of the Facility. Mitigation efforts should be located in the same watershed to the maximum extent practicable; however, farmland with a State Agricultural Land Classification mineral soil group 1-4 will be avoided to the maximum extent practicable. The plan will include:

a. the creation, enhancement, and/or preservation

of compensatory wetland functions or values at a ratio consistent with State and federal regulations;

b. performance standards success criteria for

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determining wetland mitigation success;

c. specifications for post construction monitoring for at least 5 years after completion of the wetland mitigation; and

d. after each monitoring period, the Certificate

Holder shall take corrective action, if necessary, for any areas that do not meet the above referenced performance standards (success criteria) to increase the likelihood of meeting the performance standards at the end of the monitoring period.

71. If the ACOE requires compensatory mitigation for the proposed wetland impacts, then the Certificate Holder will submit copies of the monitoring reports to the Secretary and DEC and in accordance with permit requirements and general conditions.

V. Noise and Vibration

72. The Certificate Holder shall present to the Siting

Board, or the Commission after the Siting Board's jurisdiction has ceased, by filing with the Secretary at a minimum of 60 days prior to the start of construction as Compliance Filings:

a. Final drawings for the Solar Generating Facility, incorporating any changes to the design, including:

i. Location of all noise sources and

receptors identified with Geographic Information System (GIS) coordinates and GIS files.

ii. Proposed grading and noise source

heights and ground elevations.

iii. Site plan and elevation details of substation components as related to the location of all relevant noise sources (e.g. transformers, emergency generator, HVAC equipment, if any).

iv. Any identified mitigations,

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specifications, and appropriate clearances (e.g. for sound walls, barriers, and enclosures, if any).

v. Sound information from the manufacturers

for all noise sources (e.g. Transformers, inverters, HVAC equipment, emergency generators, if any).

b. Revised sound modeling with the final

specifications of equipment selected for construction to demonstrate that the Facility is modeled to meet Local Laws on noise (if any) and the following sound goals:

i. 35 dBA Leq-1-hour maximum equivalent

continuous average sound level from the Substation transformer(s) outside any permanent or seasonal non-participating residence within the 35 dBA noise contour from any substation transformer(s), on the presumption that a 5 dBA prominent tone penalty applies to a basic design goal of 40 dBA.

ii. 45 dBA Leq-1-hour maximum equivalent

continuous average sound level from the Facility outside at any permanent or seasonal non-participating residences from other daytime-only operational sound sources associated with the Facility, such as inverters and medium voltage transformers. If the sound emissions from these sources are found to contain a prominent discrete tone at any non-participating residence whether through modeling, calculation, or pre-construction field testing, then the sound levels at the receptors shall be subject to a 5 dBA penalty; i.e., a reduction in the permissible sound level to 40 dBA Leq-1-hour.

iii. 50 dBA Leq-1-hour maximum equivalent

continuous average sound level from the Facility across any portion of non-participating property, except for

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portions delineated as wetlands and utility ROWs. This shall be demonstrated with modeled sound contours and discrete sound levels at worst-case locations. No penalties for prominent tones will be added in this assessment.

iv. 50 dBA Leq-1-h, maximum equivalent

continuous average sound level from the Facility outside any participating residence. No penalties for prominent tones will be added in this assessment.

c. Final computer noise modeling and tonal

evaluation shall be conducted in accordance with the specifications in the SEEP Guide

73. The Certificate Holder shall comply with the

following conditions regarding construction noise:

a. Comply with all local laws regulating construction noise;

b. Maintain functioning mufflers on all transportation and construction machinery;

c. Respond to noise and vibration complaints according to the Protocols established in the Noise Complaint Resolution Protocol.

74. The Certificate Holder must design and build the Facility to comply with all Certificate Conditions on Noise and Vibration. No post-construction noise testing will be required.

VI. Facility Construction and Maintenance

A. General

75. At least 15 days prior to the start of construction, the Certificate Holder shall become a member of Dig Safely New York. The Certificate Holder shall require all contractors, excavators, and operators associated with its facilities to comply with the requirements of the DPS’s regulations regarding the protection of underground facilities (16 NYCRR Part 753).

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76. Blasting for Facility construction or otherwise is prohibited.

77. The Certificate Holder shall comply with all

requirements of the DPS’s regulations regarding identification and numbering of above ground utility poles (16 NYCRR Part 217).

78. The Certificate Holder shall require its construction

contractor to assign an HSE Manager to monitor and oversee compliance with health, safety, and environmental commitments and permit requirements. The Certificate Holder (or its construction contractor) shall engage a third-party consultant(s) to serve as an Environmental Monitor(s) when the HSE Manager is not otherwise qualified. The general qualifications for the HSE Manager and third-party Environmental Monitor(s) will be provided to DPS and DEC for acceptance prior to the initiation of construction activities. The HSE Manager shall perform twice-weekly inspections of construction work sites and, in consultation with DPS Staff, issue regular reporting and compliance audits. The Certificate Holder shall require its construction contractor to identify and provide qualifications and contact information for the HSE Manager. The HSE Manager will be qualified to monitor agricultural issues, which will be part of the HSE Manager’s responsibilities. The Certificate Holder shall consult with AGM to ensure the HSE Manager has the necessary agricultural qualifications. The HSE Manager also will have the ability to identify and report the presence of species as needed to fulfill the obligations of other Facility Certificate Conditions including Conditions 94, 95, 96, and 97.

79. The HSE Manager shall have stop work authority over all

aspects of the Facility. 80. The Certificate Holder shall require that the HSE Manager

and construction supervisors are equipped with sufficient access to documentation, transportation, and communication equipment to effectively monitor such Certificate Holder’s contractor’s compliance with the provisions of every Order issued in this proceeding with respect to such Certificate Holder’s Facility components and to those sections of the Public Service Law, Environmental Conservation Law,

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Section 401 Water Quality Certification, and the SEEP or equivalent documents.

81. At least 14 days before the commencement of construction,

the Certificate Holder shall hold a pre-construction meeting with DPS Staff with invitations offered to AGM Staff, DOT, Town Supervisor and Highway Department, and DEC Staff. The Certificate Holder’s construction contractor and the HSE Manager shall be required to attend the preconstruction meeting. The invitation for the meeting will be provided at least one week in advance.

a. An agenda, the location, and an attendee list

shall be agreed upon between DPS Staff and the Certificate Holder and distributed to the attendee list at least one week prior to the meeting;

b. 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 week prior to the meeting and also presented at the meeting;

c. The Certificate Holder shall supply draft

minutes from this meeting to the attendee list for corrections or comments, and thereafter the Certificate Holder shall issue the finalized meeting minutes to all invitees; and

d. If, for any reason, the original construction contractor cannot finish the construction of the Facility, and one or more new construction contractors are needed, there shall be another meeting with the same format as outlined above.

82. Modifications to the approved SEEP or equivalent documents:

a. All proposed changes to the approved SEEP or equivalent documents shall be reported to DPS Staff. DPS Staff will refer any proposed changes in which there is no discernable potential for increased adverse environmental impact or that are not directly related to contested issues

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decided by the Hearing Examiners or the Siting Board during the proceeding, to the Chief of the Environmental Certification and Compliance Section for approval. Proposed changes to the SEEP or equivalent documents shall be reviewed expeditiously. DPS Staff will refer changes that are likely to result in any significant adverse environmental impacts in comparison to such impacts as proposed or approved or the identification of an adverse environmental impact not included in the Application to the Siting Board for approval.

b. Upon being advised that DPS Staff will refer a

proposed change to the Siting Board, the requesting Certificate Holder shall notify all parties to the proceeding, as well as property owners and lessees whose property may be affected by the proposed change. The notice shall:

i. describe the original conditions

and the requested change;

ii. state that documents supporting the request are available for inspection at specified locations, including the Facility’s website and document repositories; and

iii. state that persons may comment by writing

or calling (followed by written confirmation) the Secretary within 30 days of the notification date. Any delay in receipt of written confirmation will not delay Siting Board action on the proposed change.

c. The Certificate Holder shall not execute any proposed change until the requesting Certificate Holder has received oral or written approval, except in emergency situations threatening personal injury, property, or severe adverse environmental impact. Any oral approval from DPS Staff will be followed by written approval from the Chief of the Environmental Certification and Compliance Section in the Office of Electric,

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Gas and Water, or the Siting Board as soon as possible thereafter.

83. Construction and routine maintenance activities on the

Facility which may result in discernable noise offsite shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday, with the exception of certain construction activities which may need to occur during extended hours beyond this schedule.

84. Before construction begins in any portion of the Facility

Area, markers will be placed, where practicable, to demarcate limits of disturbance and shall be left in place and remain undisturbed until completion of construction activities and restoration of the impacted area.

a. The Certificate Holder shall stake and/or

flag the following:

i. the limits of disturbance;

ii. other areas needed for construction such as, but not limited to, work areas, laydowns, storage areas, and all on- and off-ROW access roads;

iii. designated restrictive areas and

sensitive environmental resources; and

iv. wetlands, including State-regulated adjacent

areas (100-feet), streams and waterbodies within the limits of disturbance that need to be avoided.

b. Legible “protected area” signs, exclusionary

fencing, and erosion controls pursuant to the approved SWPPP shall be installed along the approved work area to protect and clearly identify the boundaries of non-work areas associated with wetlands, waterbodies, and wetland/waterbody setbacks (e.g., Additional Temporary Work Space setbacks, refueling restrictions, etc.). The location of the existing easement that occurs onsite shall also be marked, if negotiations with the easement

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holder do not result in moving the easement. This shall be done prior to any disturbance or vehicular traffic through such areas. Signs, fencing, and silt fence must be removed following completion of the Facility and after all disturbed areas are appropriately stabilized and planted as described in the SWPPP and in Certificate Conditions.

85. The Certificate Holder shall confine construction and

subsequent maintenance for its Facility components to the Facility Area and approved additional work areas, as delineated in approved construction plans (SEEP or equivalent documents). If a local contractor is used for the work, the local contractor’s facility may also be used as a marshaling yard.

86. The Certificate Holder shall organize and conduct

monthly site-compliance inspections for DPS Staff, as requested by DPS during construction and restoration of the Facility Area, and provide invitation of such inspections to AGM Staff, the Town Supervisor and DEC Staff.

a. The Certificate Holder shall ensure that the required safety procedures and worksite hazards are communicated to site inspectors in a documented tailboard meeting prior to entry onto the site of work on such Certificate Holder’s Facility Components.

b. The monthly inspections shall include a review

of the status of compliance with all conditions contained in the Certificate and any other Order issued in this proceeding, other legal requirements and commitments, as well as a field review of the Facility site, if necessary. The inspection also may include:

i. review of all complaints received, and

their proposed or actual resolutions; ii. review of any significant comments,

concerns, or suggestions made by the public, local governments, or other agencies and indicate how the Certificate

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Holder has responded to the public, local governments, or other agencies;

iii. review of the status of the Facility in

relation to the overall schedule established prior to the commencement of construction; and

iv. other items the Certificate Holder or DPS

Staff consider appropriate.

c. The Certificate Holder shall provide a written record of the results of the inspection, including resolution of issues and additional measures to be taken, to agencies involved in the inspection audit.

B. Environmental

87. All equipment used within the bed or on banks of streams

or in State and federally regulated wetlands, and State-regulated adjacent areas (100-feet) must be inspected daily for leaks of petroleum, other fluids, or contaminants; equipment may only enter a stream channel, wetland, or adjacent area if found to be free of any leakage. A spill kit must be available at the immediate work site and any equipment observed to be leaking must be removed from the work site, and leaks must be contained, stopped, and cleaned up immediately. a) Spillage of fuels, waste oils, other petroleum

products or hazardous materials shall be reported to DEC’s Spill Hotline (1-800-457-7362) within 2 hours, in accordance with the DEC Spill Reporting and Initial Notification Requirements Technical Field Guidance. DPS staff shall also be notified immediately after DEC notifications of all reported spills.

88. All fill material shall consist of clean soil, sand

and/or gravel that is free of the following substances: asphalt, slag, fly ash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, metal objects, and all invasive species.

The introduction of materials toxic to aquatic life is

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expressly prohibited. 89. The SWPPP will specify appropriate measures to be used to

minimize fugitive dust and airborne debris from construction of the Facility.

90. Any construction debris (e.g., building materials, refuse

from the work site) shall be completely removed prior to completion of restoration of the Facility Area and disposed of at a permitted waste disposal facility authorized to receive such material. No burying or burning of building materials or refuse from the work site will be allowed.

91. Temporary topsoil stockpiles, if required, shall not

remain in place longer than 21 days. 92. Tree and vegetation clearing shall be limited to the

minimum necessary for Facility construction and operation.

a. While clearing natural vegetation in stream

corridors, clearing shall be limited to that material which poses a hazard or hinderance to the construction activity or as depicted in the SEEP.

i. Snags in streams shall not be disturbed

unless they cause serious obstructions, scouring, or erosion.

ii. Trees shall not be felled into any stream

or onto the immediate stream bank. 93. In connection with vegetation clearing, the Certificate

Holder shall:

a. comply with the provisions of 6 NYCRR Part 192, Forest Insect and Disease Control, and ECL § 9-1303 and any quarantine orders issued thereunder;

b. not create a maximum wood chip depth greater

than three inches, except for chip roads as described in Facility plans (if applicable), nor store or dispose wood chips in wetlands, within stream banks, delineated floodways, active agricultural fields, or areas to be decommissioned to agricultural fields; and

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c. coordinate with landowners to salvage

merchantable logs and fuel-wood. Where merchantable logs and fuel-wood will not be removed from the site during clearing activities, construction plans shall indicate locations of stockpiles to be established for removal from site or future landowner resource recovery.

94. Use of non-locally sourced straw for erosion control or

other construction-related purposes is prohibited to minimize the risk of introduction of invasive plant species.

95. The Certificate Holder shall implement all practical measures to achieve the minimum cover specified in the SWPPP across all disturbed soil areas and any bare areas by the end of the first full growing season following construction.

96. The Certificate Holder shall restore disturbed areas,

ruts, and rills to original grades and conditions with permanent re-vegetation and erosion controls appropriate for those locations. Disturbed roadways shall be restored to their original preconstruction condition or improved. Erosion and sediment control measures shall be constructed and implemented in accordance with the SWPPP.

97. The Certificate Holder will designate the site-specific

techniques to be indicated in the final SEEP or equivalent documents and environmental controls documents, to minimize or avoid construction-related impacts to agricultural resources in accordance with AGM’s Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands, to the maximum extent practicable. If deviations from AGM’s Guidelines are required, the Certificate Holder will consult with AGM on reasonable alternatives. AGM staff will coordinate with the HSE Manager or Environmental Monitor on any agency inspection.

C. Threatened and Endangered (T&E) Species

98. T&E Bird Protection Measures

(a) To avoid direct impacts to T&E grassland bird species, the following work windows apply for all ground disturbance and construction-related

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activities, including restoration and equipment staging, storage, and transportation, within occupied habitat:

i. In occupied wintering habitat work shall be

conducted only between April 1 and October 31, to the maximum extent practicable; and

ii. If construction activities must occur between

October 31 and April 1 in identified occupied wintering habitat, such activities shall occur as follows:

1. The area(s) proposed for active

construction will be assessed by an on-site environmental monitor or biologist who shall conduct surveys for grassland T&E bird species. The surveys will occur daily, following protocol provided by DEC, until construction activities have been completed in the occupied habitat area, unless otherwise agreed to by DEC. If no T&E grassland bird species are detected during the survey, the area will be considered clear for twenty-four (24) hours, when another survey will be performed. If grassland T&E bird species are detected, the Certificate Holder will follow condition 101(a).

(b) If at any time during construction of the Facility

(including site restoration measures upon commissioning of the Facility), a nest or roost of any State- or federally-listed T&E bird species is discovered and confirmed by the onsite HSE Manager or Environmental Monitor or if any State- or federally-listed T&E bird species is observed by the onsite HSE Manager or Environmental Monitor displaying roosting or breeding behavior within 500 feet of the Facility Area, the following actions will be taken: DEC wildlife staff and DPS Compliance Staff will be notified within 24 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; an area at least 500 feet in radius around the nest or roost of the T&E species will be posted and avoided

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(for eagles, the avoided area shall be at least one-quarter (1/4) mile in radius if there is no visual buffer, or an area of at least six hundred and sixty (660) feet in radius if there is a visual buffer), and will remain in place until notice to continue construction, ground clearing, grading, or restoration activities at that site is granted by DEC. The nest or roost will not be approached under any circumstances unless authorized by DEC. The HSE Manager’s observation may also include a recommendation pertaining to: 1) if the discovered T&E species nest or roost has the potential to be impacted by construction or restoration activities; 2) if the avoided area radius can be reduced according to the species identified and the associated construction, disturbance, or restoration activities; and, 3) what measures are necessary to protect the nest or roost and to provide a timeline for the implementation of such measures. All authorizations required by NYSDEC shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed.

(c) If at any time during operation of the Facility, a

nest or roost of any State- or federally-listed T&E bird species is discovered by the Certificate Holder or if any State- or federally-listed T&E bird species is observed displaying roosting or breeding behavior within 500 feet of the Facility Area (or one quarter mile for eagles), the following actions will be taken: DEC wildlife staff and DPS Compliance Staff will be notified within 24 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, an area of at least 500 feet in radius around the nest or roost of the T&E species will be posted (for eagles, the avoided area shall be at least one-quarter (1/4) mile in radius if there is no visual buffer, or an area of at least six hundred and sixty (660) feet in radius if there is a visual buffer) and maintenance activities will cease until approval to continue such maintenance activities is granted by DPS in concurrence with DEC except if necessary for the protection of human life and property. The nest(s), nest tree(s), or roost(s) will not be approached under any circumstances unless authorized

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by DPS in concurrence with DEC. The Certificate Holder’s observation may also include a recommendation pertaining to: 1) if the discovered T&E species nest or roost has the potential to be impacted by operation and maintenance activities; 2) if the avoided area radius can be reduced according to the species identified and the associated operation and maintenance activities and, 3) what measures are necessary to protect the nest or roost and to provide a timeline for the implementation of such measures. All authorizations required by NYSDEC shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed.

(d) A final “Net Conservation Benefit Plan” (NCBP), for

the take of State-listed grassland bird occupied habitat, shall be prepared in consultation with and accepted by DEC as indicated in the SEEP Guide. Such acceptance may not be unreasonably withheld, and consultations must take place in a timely manner. The NCBP shall be filed prior to commencement of ground disturbance activities in occupied habitat. Mitigation actions identified in the NCBP shall be initiated prior to the start of ground disturbance or construction related activities in occupied habitat unless otherwise agreed to by DEC.

99. T&E Bat Protection Measures

(a) If at any time during the life of the Facility any

northern long-eared bat (Myotis septentrionalis) (NLEB) maternity roost trees are discovered within 500 feet of the Facility Area, DEC will be notified within 24 hours of discovery.

(b) During the construction, maintenance and restoration

phase, an area at least 500 feet in radius around the roost tree will be posted and avoided and will remain in place until notice to continue construction, ground clearing, grading, maintenance, or restoration activities at that site is granted by DEC. The Certificate Holder’s observation may also include a recommendation pertaining to: 1) if the NLEB maternity roost tree has the potential to be impacted by construction, maintenance, or restoration activities; 2) if the avoided area radius can be reduced according to site-specific conditions and the associated

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construction, maintenance, or restoration activities; and, 3) what measures are necessary to protect the species and to provide a timeline for the implementation of such measures. All authorizations required by DEC shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed.

(c) During the operation phase, an area at least 500 feet in

radius around the roost tree will be posted and maintenance activities will cease until notice to continue such non-emergency maintenance activities is granted by DEC. The Certificate Holder’s observation may also include a recommendation pertaining to: 1) if the NLEB maternity roost tree has the potential to be impacted by maintenance activities; 2) if the avoided area radius can be reduced according to site-specific conditions and the associated operation or maintenance activities; and, 3) what measures are necessary to protect the species and to provide a timeline for the implementation of such measures. Notwithstanding the above, consistent with the aforementioned recommendations described in the preceding sentence, nothing prohibits the Certificate Holder from repairing the Facility in order to permit the continued generation and delivery of electricity from the Facility so that it can continue to deliver renewable energy to meet its contractual obligations and/or contribute to satisfying New York State’s renewable energy targets or goals. All authorizations required by NYSDEC shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed.

(d) The Certificate Holder shall leave uncut all known NLEB

roost trees and any trees within a 150-foot radius of a documented summer occurrence and 0.25 miles of documented winter occurrence. If any bats are observed flying from a tree, or from a tree that has been cut, tree clearing activities within 150 feet of the tree shall be suspended and DEC shall be notified as soon as possible, and in that event, the Certificate Holder shall have an HSE Manager present on site during the aforementioned tree clearing activities. If any bat activity is noted, a stop work order for tree clearing shall immediately be issued and shall remain in place until such time as DEC and DPS staff have been consulted and both agencies authorize resumption of work. All authorizations required by DPS/DEC shall not be

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unreasonably withheld, unreasonably conditioned, or unreasonably delayed.

Herbaceous Vegetation Restoration Measures – Areas within defined occupied habitat for State listed threatened or endangered (T&E) grassland bird species that are temporarily disturbed or modified as a result of construction activities will be re-seeded with an appropriate native seed mix after disturbance activities are completed.

100. Record All Incidental Observations of T&E Species - During construction, restoration, maintenance, and operation of the Facility and associated facilities, the Certificate Holder shall maintain a record of all observations of New York State-listed T&E species, state species of special concern (SSC) and species of greatest conservation need (SGCN) as follows:

a. Construction: During construction, the on-site environmental monitors and/or environmental compliance manager identified in the SEEP will be responsible for recording occurrences of any T&E species within the Facility Site. All occurrences shall be reported in the bi-weekly monitoring report submitted to DPS and DEC and shall include the information described below under Reporting Requirements. If a T&E species is observed to be demonstrating breeding or roosting behavior, it will be reported to DEC within twenty-four (24) hours of observation;

b. Post-construction: After construction is complete, incidental observations of any T&E species, SSC and SGCN will be documented and reported to DEC in accordance with the Reporting Requirements.

c. Operation and Maintenance: During regular operation and maintenance, the Certificate Holder will be responsible for training operation and maintenance staff to focus on successfully identifying the following T&E bird species: short-eared owl (Asio flammeus), and northern harrier (Circus hudsonius), Henslow’s sparrow (Ammodramus henslowii), sedge wren (Cistothorus platensis) and upland sandpiper (Bartramia longicauda). The Certificate Holder will keep a record of incidental observations of these species and report all observations to DEC within

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one week of the event.

d. Reporting Requirements: All reports of T&E species will include the following information: species; number of individuals; age and sex of individuals (if known); observation date(s) and time(s); GPS coordinates of each individual observed (if operation and maintenance staff do not have GPS available the report must include the nearest PV panel array, cross roads location, or other natural features present near the observation location); behavior(s) observed; identification and contact information of the observer(s); and the nature of and estimated distance to any Facility construction, maintenance or restoration activity.

101. Discovery of T&E Species Nests or Dead, Injured or Damaged

T&E Species

a. Excluding bald eagles and T&E bat species, if at any time during construction or operational life of the Facility, a nest or roost of a State- or federally-listed T&E species is discovered, or if any T&E species are observed by the Certificate Holder’s on-site HSE Manager or other designated agents in the Facility Area exhibiting breeding or roosting behavior, the following actions shall be taken:

i. DEC and DPS shall be notified within twenty-four (24) hours of discovery or observation and prior to any further disturbance around the nest, roost, or area where the species were seen exhibiting any breeding or roosting behavior;

ii. An area at least five hundred (500) feet in radius around the nest or roost of T&E species will be posted and avoided and remain in place until notice to continue construction, ground clearing, grading, maintenance or restoration activities are granted by DPS in concurrence with DEC (the Certificate Holder may engage in emergency activities [such as those situations threatening personal injury, property, or severe adverse environmental impact] within such radius); and

iii. The nest or roost will not be approached under any circumstances unless authorized

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by DPS and DEC.

b. If at any time during construction or operational life of the Facility a nest or roost of a bald eagle is discovered within the Facility Area, or if eagles are observed in the Facility Area exhibiting breeding or roosting behavior, the following actions shall be taken:

i. DEC and DPS shall be notified within twenty-four (24) hours of discovery or observation and prior to any disturbance around the nest or roost, or area where eagles were seen exhibiting breeding or roosting behavior and prior to any further disturbance around the nest or roost;

ii. An area of at least one quarter (0.25) mile (1,320 feet) (if there is no visual buffer), or six hundred and sixty (660) feet (if there is a visual buffer) in radius around the nest or roost will be posted and avoided until notice to continue construction, ground clearing, grading, maintenance or restoration activities are granted by DPS and DEC (the Certificate Holder may engage in emergency activities [such as those situations threatening personal injury, property, or severe adverse environmental impact] within such radius); and

iii. The nest(s), nest tree(s) or roost(s) will not be approached under any circumstances unless authorized by DPS in concurrence with DEC.

c. If any dead, injured, or damaged State- or federally-listed T&E species, or their eggs or nests thereof are discovered by the Certificate Holder’s on-site HSE Manager or other designated agents at any time during the life of the Facility within the Facility Site, the Certificate Holder will immediately (within 24 hours) contact DEC and USFWS, if State- or federally-listed species are discovered, to arrange for recovery and transfer of the specimen(s). The following information pertaining to the find shall be recorded:

i. species;

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ii. age and sex of the individual(s), if known;

iii. date of discovery of the animal or nest;

iv. condition of the carcass, or state of the nest or live animal;

v. GPS coordinates of the location(s) of discovery (if reporting individual does not have GPS available the report must include the nearest Facility Component and cross roads location);

vi. name(s) and contact information of the person(s) involved with the incident(s) and find(s);

vii. weather conditions at the site for the previous forty-eight (48) hours;

viii. photographs, including scale and of sufficient quality to allow for later identification of the animal or nest; and

ix. an explanation of how the mortality/injury/damage occurred, if known.

d. Electronic copies of each record, including photographs, will be provided to DEC and USFWS within 24 hours of discovery. All discovered portions of the specimen(s) will be covered in place until DEC or USFWS retrieves the specimen(s) or provides direction otherwise. If the discovery is followed by a non-business day, the Certificate Holder will ensure all the information listed above is properly documented for transfer.

e. DPS shall also be notified if any dead, injured, or damaged State- or federally-listed T&E species, or their parts, eggs or nests thereof are discovered.

102. Post-Construction Avian Monitoring Plan a. A Post-construction Avian Monitoring Plan

(Monitoring Plan) for the Facility Area shall be developed in consultation with DEC and a final Monitoring Plan filed prior to the start of Facility operation. The Monitoring Plan will be conducted in conjunction with the post-construction monitoring as described in the Net Conservation Benefit Plan to the extent practicable. The Monitoring Plan shall include wintering bird surveys, and include details of the surveys (i.e., start and end dates, point count and transect locations, frequency and scope of

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monitoring, methods for observation and survey, and reporting requirements). The Monitoring Plan will be used to gather data regarding use of the Facility Site by wintering birds, including State-listed species, after construction and will include at least two seasons of survey during the first 3 years of Facility operation. Findings from the survey conducted will not trigger additional surveys or additional mitigation and will not result in changes to operations of the Facility.

D. Wetlands and Streams, Vegetation, and Invasive Species

103. If any wetland/stream permits are required for the

construction, operation and/or maintenance of the Facility, the Certificate holder shall meet all State and federal standards and conditions of the permit as well as any conditions and regulatory requirements issued under the Section 401 Water Quality Certification, 6 NYCRR Part 608 and 6 NYCRR 663 in consultation with DEC.

All necessary precautions shall be taken to preclude contamination of any wetland, State-regulated adjacent area (100-feet), or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paintings, concrete, leachate, or any other environmentally deleterious materials associated with the Facility.

a. At the end of each workday, all equipment and

machinery, excluding dewatering pumps, shall be stored and safely contained more than 100 feet landward of the State and federally regulated wetlands, State-regulated wetland adjacent areas (100 feet) and waterbodies outside the limits of disturbance or in designated protected areas. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Dewatering pumps operated closer than 100 feet from the wetland or waterbody must be on an impervious surface and absorbents capable of containing any leakage of petroleum products.

b. All equipment used within bed or banks of

streams or within State and federally regulated wetlands and State-regulated adjacent areas

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(100 feet) must 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. A spill kit must be on hand at the immediate work site and any equipment observed to be leaking must be removed from the work site, and leaks must be contained, stopped and cleaned up immediately.

104. Fuel or other chemical storage tanks, other than permanent

transformers depicted in the final design, shall be located in an area greater than 300 feet landward of the State and federally regulated wetland. If the above requirement cannot be met by the Certificate Holder, the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by DEC staff in writing prior to installation of the storage tank.

105. All mobile equipment, excluding dewatering pumps, must be

fueled in a location at least 100 feet from wetlands and waterbodies unless moving the equipment will cause additional environmental impact. Dewatering pumps operated closer than 100 feet from the stream bank, wetland, or waterbody, must be within a secondary containment large enough to hold the pump and accommodate refueling.

106. Turbid water resulting from dewatering operations,

including water that has infiltrated the construction site, shall not be discharged directly or allowed to enter any wetland, stream or water body within the Facility Area. Visibly turbid discharges from blasting, land clearing, grading, excavation, dewatering, or dredging operations and from construction activities, including water that has infiltrated the construction site, shall not enter any wetland or surface waterbody, including those downstream or outside the construction zone.

107. All disturbed soils within wetlands and State-regulated

100-foot wetland adjacent areas must be seeded with an appropriate native seed mix. Erosion and sediment control best management practices (BMPs) shall be maintained until the disturbed area is permanently stabilized. Additional seeding shall be completed as necessary to achieve the minimum vegetative cover specified in the SWPPP across all disturbed areas.

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108. The Certificate Holder shall develop, implement, and comply with a final Wetland Mitigation Plan that meets all NYS regulatory and permit requirements and general conditions. The Certificate Holder shall work with DEC to develop the final Wetland Mitigation Plan and shall submit the Wetland Mitigation Plan for DPS and DEC acceptance within six months of the commencement of construction. If, after five years, monitoring demonstrates that the wetland mitigation is still not meeting the established performance standards, the Certificate Holder must submit a Wetland Mitigation Remedial Plan (WMRP).

109. All regulated freshwater wetlands, and associated State-

regulated 100-foot adjacent areas, as applicable, temporarily disturbed due to construction activities shall be restored to pre-existing conditions and documented cover type to the extent practicable and in accordance with the following requirements:

a. Restoration to pre-construction contours must be

completed within 48 hours of final backfilling of the trench within regulated freshwater wetland boundaries and any State-regulated 100-foot adjacent area boundaries, as applicable. Within 14 days of the completion of grading, the area shall be seeded with native vegetation. Seeding shall be completed to help stabilize the soils with an appropriate native wetland species mix such as an Ernst Wetland Mix (OBL-FACW Perennial Wetland Mix, OBL Wetland Mix, Specialized Wetland Mix for Shaded OBL-FACW, or equivalent), unless returning to agricultural production or otherwise agreed to by NYSDEC, as applicable, in regulated 100 foot adjacent areas;

b. Restored areas shall be monitored for 5 years or until an 80% cover of native species has been reestablished over all portions of the replanted area, unless, in consultation with DEC, the invasive species baseline survey indicates a smaller percentage of native species existed prior to construction;

c. In areas dominated by trees and shrubs, monitoring for woody vegetation establishment will take place during the growing season and over a 5-year period. If at the end of the 5th year the 80% cover requirement has not been established or the proportion of invasive species described in the

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baseline survey has increased, then the Certificate Holder shall consult with DEC;

d. These replanted areas shall also be monitored for invasive species to attain, to the greatest extent practicable, no net increase (or other “reasonable definition” as agreed upon following the baseline survey) in areal coverage of invasive species compared with pre-construction conditions. If at any time during the monitoring the invasive species criteria above are not met, the Certificate Holder shall take immediate action to control the invasive species. Such actions shall be part of an invasive species control plan approved by PSC after consultation and approval by the DEC; and

e. If at the end of 5 years the restored areas do not meet the above criteria for success, then monitoring and corrective action shall continue until the criteria are met.

110. Installation of underground collection lines in wetlands

shall be performed using the following methods, to be indicated in the final SEEP or equivalent documents and environmental controls documents:

a. the Certificate Holder shall implement best

management practices to minimize soil compaction;

b. where trenching and other excavation will be performed in agricultural areas, all topsoil shall be stripped and segregated from subsoils. The Co-Applicants will consolidate trenching areas to the maximum extent practicable;

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 beyond State-regulated 100-foot wetland adjacent areas. Excess topsoil from agricultural areas will be spread within the immediate agricultural areas within the approved LOD.

111. To control the spread of invasive insects, the Certificate

Holder shall provide training for clearing and construction crews to identify the Asian Longhorn Beetle and the Emerald Ash Borer and other invasive insects of

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concern as a potential problem at the Facility Area. If these insects are found, they must be reported to the DEC as soon as practicable.

112. Waste concrete or concrete from truck cleanout activity

and any wash water from trucks, equipment, or tools if done on site, must be contained in a manner that will prevent it from escaping into the streambank or into the stream channel and entering the stream, or entering wetlands, State-regulated 100-foot wetland adjacent areas, or any other waterbody. Disposal of waste concrete or wash water must be at least 100 feet from any wetland or waterbody to the maximum extent practicable.

113. 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 profile of the stream channel upstream and downstream of the Facility area. The planform of any stream shall not be changed.

114. The Certificate Holder shall be responsible for checking

all culverts and assuring that they are not crushed or blocked during construction and restoration of the Facility. If a culvert is blocked or crushed, or otherwise damaged, the Certificate Holder shall repair the culvert or replace it with alternative measures appropriate to maintaining proper drainage.

115. The creation, modification or improvement of any permanent

road/stream crossing must meet the following requirements:

a. culvert pipes shall be designed to safely pass the 2% annual chance storm event;

b. culvert pipes must be embedded a minimum of

20% of the diameter of the culvert beneath the existing grade of the stream channel;

c. width of the structure must be a minimum of 1.25

times (1.25X) width of the mean high-water channel, as practicable; and

d. the culvert slope shall remain consistent with

the slope of the adjacent stream channel. For slopes greater than 3%, an open bottom culvert must be used, to the maximum extent practicable.

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e. The Certificate Holder shall conduct all work

in streams in dry conditions to the maximum extent practicable, 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 return to the stream.

f. Temporary dewatering structures (i.e.

cofferdams, diversion pipes, etc.) and associated fill shall be completely removed, and the disturbed area shall be restored immediately following completion of work in the area.

g. All excess materials shall be completely

removed to upland areas and suitably stabilized in areas that are more than 100 feet from wetlands and waterbodies and shall be suitably stabilized.

h. The Certificate Holder shall perform all

construction, operation and maintenance in a manner that avoids and minimizes adverse impacts to waterbodies, wetlands, and the State-regulated one hundred (100)-foot adjacent areas associated with all State-regulated wetlands. The Certificate Holder shall ensure the provisions to protect wetlands, waterbodies, and adjacent areas are in accordance with the details contained in Section 3.17 of the SEEP Guide.

i. The Certificate Holder shall notify DPS and DEC

within 2 hours of discovery if there is a discharge to a wetland or waterbody resulting in a violation of New York Water Quality Standards.

j. To the extent practicable, buried utilities

shall be installed using trenchless methods when traversing wetland and waterbodies. If a trenchless installation method is not

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practicable, other crossing methods such as open cut or direct burial shall be utilized in accordance with the methods identified within the SEEP prepared for the Facility.

k. Open cut trenching for the installation of

underground utilities in wetlands and waterbodies shall be conducted in one continuous operation and shall not exceed the length that can be completed in one day.

l. The Certificate Holder shall submit a site-

specific Stream Crossing Plan for each delineated stream crossing (as defined in the SEEP Guide) and shall include detailed plan, profile and cross-sectional view plans; drainage area and flow calculations; and location, quantity and type of fill.

m. There are no state-protected streams at the

Facility Site. Bridges or culverts can be utilized at each permanent delineated stream crossing and culverts shall be designed as further outlined in the SEEP Guide.

n. Installation of underground collection lines in

wetlands shall be performed using the methods indicated in the SEEP Guide.

o. Installation of access roads through streams

and wetlands shall be performed using the methods, indicated in the SEEP Guide.

116. During periods of work activity, flow immediately

downstream of the work site shall equal flow immediately upstream of the work site.

117. Any in-stream work or restoration authorized by this

Certificate, including the installation of structures and bed materials, shall not result in permanent impediment to passage of native aquatic organisms, including fish. Any in-stream work (excluding dewatering practices associated with dry trench crossings) and restoration shall be constructed in a manner which maintains low flow conditions and preserves water depths and velocities similar to undisturbed upstream and downstream reaches necessary to sustain the movement of native aquatic

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organisms. Any in-stream structures placed in a stream must not create a drop height greater than 6 inches.

a. All disturbed stream banks below the normal-

high water elevation must be graded to the original grade as appropriate, and adequately stabilized. All other areas of soil disturbance above the ordinary high- water elevation, or elsewhere shall be:

i. stabilized with natural fiber matting; ii. seeded with an appropriate perennial

native conservation seed mix; and iii. mulched with straw within two days of

final grading. Mulch shall be maintained until suitable vegetation cover is established. Destroyed bank vegetation shall be replaced with shrub willow or silky dogwood planting, native trees, or other suitable native species.

VII. Facility Operation

118. The Certificate Holder shall operate the Facility in accordance with the Interconnection Agreement, approved tariffs and applicable rules and protocols of CHGE, NYISO, NYSRC, NPCC, NERC and successor organizations.

119. The Certificate Holder shall operate the Facility in full

compliance with the applicable reliability criteria of CHGE, NYISO, NPCC, NYSRC, NERC and successors. If it fails to meet the reliability criteria at any time, the Certificate Holder shall notify the NYISO immediately, in accordance with NYISO requirements, and shall simultaneously provide the Siting Board, or the Commission after the Siting Board’s jurisdiction has ceased, by filing with the Secretary and CHGE a copy of the NYISO notice.

120. The Certificate Holder shall obey unit commitment and

dispatch instructions issued by NYISO, or its successor, to maintain the reliability of the transmission system. In the event that the NYISO System Operator encounters communication difficulties, the Certificate Holder shall obey dispatch instructions issued by the CHGE Control

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Center, or its successor, in order to maintain the reliability of the transmission system.

121. Good Utility Practices:

a. The Certificate Holder shall abide by Good Utility Practice, which shall include, but not be limited to, NERC, NPCC, NYSRC, and NYISO criteria, rules, guidelines and standards, including the rules, guidelines and criteria of any successor organization to the foregoing entities.

b. When applied to the Certificate Holder, the term

Good Utility Practice shall also include standards applicable to an independent power producer connecting to the distribution or transmission facilities or system of a utility.

c. Except for periods during which the authorized

facilities are unable to safely and reliably convey electrical energy to the New York transmission system (e.g., because of problems with the authorized facilities themselves or upstream electrical equipment), the Facility shall be exclusively connected to the New York transmission system via the facilities identified and authorized in these conditions.

122. The Certificate Holder shall work with CHGE engineers and

safety personnel on testing and energizing equipment in the authorized interconnection and collection substations. If CHGE’s testing protocol is not used, a testing protocol shall be developed and provided to CHGE for review and acceptance. Subject to critical infrastructure restrictions, the Certificate Holder shall file with the Secretary a copy of the final testing report within 30 days of CHGE’s acceptance.

123. After entering the Interconnection Agreement, the

Certificate Holder shall notify DPS Staff of meetings related to the electrical interconnection of the Facility to the CHGE transmission system and provide the opportunity for DPS Staff to attend those meetings.

124. Transmission Related Incidents:

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a. The Certificate Holder shall call the DPS Bulk Electric System Section within one hour to report any transmission-related incident where causation can be attributed to the Facility that affects the operation of the Facility. Facility trips due to transmission outages not caused by the Facility shall be exempt from this requirement unless physical damage is caused by or to the Facility as a result of the transmission outage.

b. The Certificate Holder shall file with the

Secretary a report on any such incident within seven days and provide a copy of the report to CHGE. 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.

c. The Certificate Holder shall work cooperatively

with CHGE, NYISO, NYSRC, NERC, and the NPCC to prevent any future occurrences.

125. If CHGE or the NYISO identify Adverse Operating Effects,

as defined in the Interconnection Agreement, the Certificate Holder shall be obligated to address those concerns in accordance with the requirements of the Interconnection Agreement.

126. If, subsequent to the completion of construction of the

Facility, no electric power is generated and transferred out of the Facility for a period of more than 1 year, DPS Staff or the Commission may consider advising the Siting Board that the amendment, revocation or suspension of the Certificate may be appropriate.

127. Facility Malfunction:

a. In the event that a malfunction of the Facility causes a significant reduction in the capability of such Facility to deliver power, the Certificate Holder shall promptly provide DPS Staff and CHGE 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

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schedule for any such repairs.

b. The Certificate Holder shall provide monthly reports to DPS Staff and CHGE on the progress of any repairs.

c. If such equipment failure is not completely

repaired within nine months of its occurrence, the Certificate Holder shall provide a detailed report to DPS Staff, setting forth the progress on the repairs and indicating whether the repairs will be completed within 1 year of the date of failure. PV panels shall be decommissioned if they are non-operational for a period of 1 year and one day. However, if the Certificate Holder is expecting delays due to a part manufacturer or complications regarding the repair, it shall petition the Secretary for an extended amount of time if it is expected that solar components will not be in operation for more than 1 year and one day. The petition shall include an explanation of the circumstance and an estimation of the amount of time it will take to repair the components and shall demonstrate why the repairs should continue to be pursued.

128. In the event of a fire or other catastrophic event

involving the Facility and its associated equipment, the DPS Chief of Bulk Systems shall be notified no later than 48 hours following such an event.

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IN WITNESS WHEREOF, the parties hereto have caused counterparts of this Agreement, each of which shall constitute an original, to be duly executed and delivered:

Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LC, and Hecate Energy Greene County 3 LLC

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date: New York State Department of Public Service

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date: New York State Department of Environmental Conservation

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date:

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New York State Department of Agriculture & Markets

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date: New York State Department of Health

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date: Scenic Hudson, Inc.

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date:

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Greene Land Trust

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date: Sleepy Hollow Lake Association of Property Owners

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date: Town of Coxsackie, Village of Coxsackie, and Village of Athens

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date:

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Saving Greene

As to all Certificate Conditions, the Guidance for Site Engineering and Environmental Plan, and the Noise Complaint Resolution Protocol, dated and filed December 16, 2020, agree:

By: Name: Date:

CASE 17-F-0619 Guidance for the Development of Site Engineering and Environmental Plans (SEEP) for the

Greene County Solar Facility Greene County, New York

December 2020

Prepared by:

Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC 621 W. Randolph Street Chicago, Illinois 60661

(833) 529-6597 contact@greenecountysolarfacility.info

Greene County Solar Facility Guidance for the Development of Site Engineering and Environmental Plans

i December 2020

ISSUE AND REVISION RECORD

Revision Date Description A 12/16/2020 Initial Release

Greene County Solar Facility Site Engineering and Environmental Plan Specifications

ii December 2020

TABLE OF CONTENTS

DEFINITIONS ........................................................................................................................................................... IV

SECTION A – PLANS, PROFILES AND DETAIL DRAWINGS ................................................................................1

2.1 Plan and Profile Details ..................................................................................................................................2

2.1.1 Solar Array and Related Non-Linear Components: ..............................................................................2

2.1.2 Linear Facility Components: .................................................................................................................3

2.2 Stormwater Pollution Prevention ....................................................................................................................5

2.3 Vegetation Clearing and Disposal Methods ...................................................................................................6

2.4 Building and Structure Removal ....................................................................................................................6

2.5 Waterbodies ...................................................................................................................................................6

2.6 Wetlands ........................................................................................................................................................7

2.7 Land Uses ......................................................................................................................................................7

2.8 Access Roads, Lay-down Areas and Workpads ............................................................................................8

2.9 Noise Sensitive Sites .....................................................................................................................................8

2.10 Ecologically and Environmentally Sensitive Areas ......................................................................................8

2.11 Invasive Species ..........................................................................................................................................8

2.12 Vegetation Controls and Herbicides ............................................................................................................9

2.13 Visual Mitigation Landscaping and Buffers ..................................................................................................9

SECTION B – DESCRIPTION AND STATEMENT OF OBJECTIVES, TECHNIQUES, PROCEDURES, AND REQUIREMENTS .................................................................................................................................................... 10

3.1 Facility Location and Description ................................................................................................................ 10

3.2 Environmental Compliance and Monitoring Plan ........................................................................................ 10

3.3 Facility Communication and Complaint Resolution Plan ............................................................................ 11

3.4 Health and Safety Plans.............................................................................................................................. 11

3.5 General Construction .................................................................................................................................. 12

3.6 Clean up and Restoration ........................................................................................................................... 14

3.7 Transportation ............................................................................................................................................. 14

3.8 Construction Vegetation Clearing and Disposal Methods .......................................................................... 15

3.9 Plans, Profiles, and Detail Drawings ........................................................................................................... 15

3.10 Land Uses ................................................................................................................................................. 15

3.11 Final Geotechnical Engineering Report .................................................................................................... 16

3.12 Inadvertent Return Plan ............................................................................................................................ 16

3.13 Visual Mitigation ........................................................................................................................................ 16

3.14 Cultural Resources .................................................................................................................................... 17

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iii December 2020

3.15 Avian and Bat Impacts .............................................................................................................................. 17

3.16 Wetlands and Waterbodies ....................................................................................................................... 18

3.17 Invasive Species Management Plan ......................................................................................................... 21

3.18 Sound ........................................................................................................................................................ 22

3.19 Operations Schedule and Timing .............................................................................................................. 23

APPENDICES

APPENDIX A. TRENCH BREAKER SPACING ..................................................................................................... 24

Greene County Solar Facility Site Engineering and Environmental Plan Specifications

iv December 2020

DEFINITIONS

Acronyms/Abbreviations Definition

AC alternating current

Adjacent or Contiguous Located on the same parcel of real property or on separate parcels of real property separated by no more than 500 feet (152 meters)

Affected Species northern harrier (Circus hudsonius) and short-eared owl (Asio flammeus)

AGM New York State Department of Agriculture and Markets

Certificate Certificate of Environmental Compatibility and Public Need

Certificate Holder Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC

DC direct current

EC&MP Environmental Compliance and Monitoring Plan

Facility Greene County Solar Facility

Facility Area approximately 827 acres (335 hectares) located within the Town of Coxsackie, Greene County, New York

Facility Components Linear Facility Components and Non-Linear Facility Components

Facility Site The parcels hosting Facility Components

HSE Health, Safety, and Environmental

ISMP Invasive Species Management Plan

Linear Facility Components Electric transmission lines, electric collection or distribution lines, and temporary and permanent access roads.

MW megawatt

Non-Linear Facility Components

PV arrays, inverters, collection and interconnection substation, permanent weather stations, buildings, temporary concrete batch plant and temporary laydown yard/staging area(s).

NCBP Net Conservation Benefit Plan

NYCRR New York Codes, Rules and Regulations

NYSDEC New York State Department of Environmental Conservation

NYSDPS New York State Department of Public Service

O&M operations & maintenance

OPRHP New York State Office of Parks, Recreation and Historic Preservation

PV photovoltaic

ROW right-of-way

SEEP Site Engineering and Environmental Plan

Siting Board New York State Board on Electric Generation Siting and the Environment

SPCC Spill Prevention, Containment and Countermeasures

Greene County Solar Facility Site Engineering and Environmental Plan Specifications

v December 2020

Acronyms/Abbreviations Definition SWPPP Storm Water Pollution Prevention Plan

VMPP Visual Mitigation Planting Plan

WPRP Wetland Planting Remedial Plan

Greene County Solar Facility Site Engineering and Environmental Plan Specifications

1 December 2020

SECTION A – PLANS, PROFILES AND DETAIL DRAWINGS

Section A of the following Site Engineering and Environmental Plan (SEEP) specification describes the requirements for development of final facility engineering details; site plans for construction, restoration, visual mitigation plantings, and environmental control measures; plan and profile drawings of the development site and facility components; and maps of the facility site and the overall facility setting as appropriate to demonstrate compliance with the Certificate of Environmental Compatibility and Public Need (Certificate) for the Greene County Solar Facility (Facility).

The SEEP shall be submitted in accordance with the rules for submittal, public comment, and decisions set forth in 16 NYCRR Section 1002.2 such that the New York State Board on Electric Generation Siting and the Environment (Siting Board), or Public Service Commission after the Siting Board’s jurisdiction has ceased, can review and approve the incorporated compliance filings as outlined in this Certificate. All proposed changes to the approved SEEP or equivalent documents shall be reported to New York State Department of Public Service (NYSDPS) Staff as outlined in the Certificate Conditions (#79).

The SEEP is intended to meet the requirements of New York State Code of Rules and Regulations (NYCRR) 16 NYCRR Section 1002.3 and 1002.4 and describes in detail the final Facility design and the environmental protection measures to be implemented during construction of the Facility. The SEEP shall include a description of existing and proposed conditions at the Facility, plan and profile drawings illustrating the linear and non-linear components of the Facility, construction access and clearing requirements, protective measures for streams, wetlands, and protected habitats, identification of sensitive receptors, agricultural lands, and protocols to protect previously unknown cultural resource sites during construction.

The SEEP is not intended to be a reiteration of the materials contained in the Application, but instead is intended to demonstrate compliance with the construction avoidance, minimization and mitigation measures, as described in the Application and as clarified by the Certificate Holder’s supplemental filings, the Order Granting Certificate and the Certificate Conditions.

For reference, the SEEP will include a table outlining the specific Certificate Conditions incorporated into the SEEP with references to the section of the SEEP where those conditions may be found.

This SEEP guide includes the minimum requirements for the specific Certificate Conditions incorporated into the SEEP. The Certificate Holder’s adherence to this guide will be achieved to the maximum extent practicable. Any deviation from the relevant and applicable requirements of the SEEP Guide attached to this order shall be justified in the SEEP and shall be subject to approval by the Siting Board as applicable.

As identified in the Certificate received for the Facility, the SEEP will include a table outlining the specific Certificate Conditions incorporated into the SEEP with references to the section of the SEEP where those conditions may be found. If the SEEP Specifications conflict with any of these Certificate Conditions, or if the Certificate Conditions require more information than required by the SEEP specifications, the Certificate Conditions shall be controlling. Plan sheets will be generated showing the location and design details for all Facility components, including linear facilities such as electric collection lines, transmission lines and associated access roads, communications lines; and temporary and permanent access roads, staging/laydown areas, and fencing. Plans also shall indicate the location and size of all major structures, features and buildings, photovoltaic (PV) arrays, inverters, substations, switchyards and point-of-interconnection locations, including associated access roads, visual mitigation plantings, and the limits of disturbance for work area associated with any component of the Facility. Plans shall include plan-view drawings or photo-strip maps, and illustrations including but not limited to the information provided in Section 2.1.

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2 December 2020

2.1 PLAN AND PROFILE DETAILS

2.1.1 Solar Array and Related Non-Linear Components: For all proposed PV panel locations and other Non-Linear Facility components, the Certificate Holder shall provide site plans, profiles, and detail drawings (scale minimum 1 inch = 200 feet [61 meters])1 including:

1. A copy of the American Land Title Association survey showing locations of existing utility infrastructure. 2. Details and specifications of the selected PV module, inverter, and mounting structure. 3. Plan drawings which show:

o PV Arrays o Inverters o Combiner Boxes o Step-Up Transformers o DC String Wiring

4. Foundation drawings including plan, elevation, and section details for each foundation type proposed; drawings shall include a piling plan showing the locations of each pile with a coding system to identify different types of piles. Applicable criteria regarding foundation design shall be listed and described in the drawings and details.

5. Details showing limits of clearing, temporary and permanent grading, and laydown space; and details of the Storm Water Pollution Prevention Plan (SWPPP) should be indicated.

6. The drawings shall provide details of landscaping (location and specific vegetation type). Drawings will identify number and species of plants to be planted at each designated visual mitigation area in accordance with the specifications and planting layout depicted in the Final Visual Mitigation Planting Plan (VMPP) as prepared by the Applicant’s Landscape Architect. A distinct, site-specific VMPP will be developed and implemented at each designated visual impact area (i.e. adjacent homes, roadsides, and historical structures). Each distinct, site-specific VMPP shall describe and illustrate the location, quantity and suitable species of the proposed landscape planting and earthwork as needed.

7. The location and boundaries of any areas proposed to be used for fabrication, designated equipment parking, staging, access, lay-down, conductor pulling and splicing; and operations and maintenance buildings, yards and equipment storage areas. Indicate any planned fencing, surface improvements and landscaping that will be used for screening. Demonstrate setback distances appropriate to Facility design; and conformance with applicable requirements of the Certificate or local requirements.

8. If an on-site concrete batch plant will be utilized during construction, the Certificate Holder shall provide the following: (information required per subpart “iv” below shall be provided for any concrete that will be used for the Facility, regardless of whether a concrete batch plant is proposed):

o final details and site plan of the concrete batch plant location, size, access, and layout, at a reasonable scale to show all components (including conveyor layout, equipment, tanks, drainage system, settlement, catchment pits, flush systems, and stockpile areas) and proximity of its location to other Facility components and existing features;

o final layouts showing all proposed components of the concrete batch plant drainage system, including arrows representing potential water flow to any proposed catchment pits, etc.

o temporary lighting that avoids offsite light trespass;

1 Contour lines at appropriate scale are desirable on the plan view or photo-strip map if they can be added without obscuring the required information.

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o general concrete testing procedures, including a plan outlining the Certificate Holder’s monitoring and testing of concrete procedures in conformance with the Building Code of New York State, ACI, ASTM, and any other applicable specifications.

o The locations or description of locations for concrete chute washout and any other cleaning activities (e.g., equipment cleaning for control of invasive species).

9. Maps showing the location for an operations and maintenance (O&M) or storage facility building, if included in the Facility. If an existing building is not utilized, prior to construction of the O&M building, the Certificate Holder shall provide the final O&M building details and construction drawings. Plans for the O&M building property will indicate zoning designation; compliance with use and area requirements, and setbacks to property lines; access, employee parking, building details, exterior lighting details; any outdoor storage areas, fencing and signage; and related site development information. This information may be submitted after commencement of construction of the Facility but at least 60 days prior to the construction of the O&M building.

2.1.2 Linear Facility Components: Plan drawings with profile details shall be generated for all Linear Facility Components including electric transmission lines, electric collection or distribution lines, and access roads.

For above-ground electric lines and any underground electric lines outside the Facility Area plans shall include the line profile 2 (at an appropriate scale) and plan drawings (scale minimum 1 inch = 200 feet [61 meters]). For underground electric lines inside the Facility Area, the drawings shall include representative cross sections of the cable trench.

1. Collection system circuits map for the collection substation and collection line circuits indicating locations and the number of required circuits per circuit-run.

2. Design and details of single and multiple electric circuit underground and overhead collection lines including circuit layout (single, double, triple, etc.) within the Facility Area shall include plan and cross-section details, conductor sizing, and relevant design details..

3. Design and details of underground and overhead electric lines located outside the Facility Area shall include plan and profile drawings, design details, clearing and right-of-way (ROW) widths, proposed guying, and associated clearing.

4. The boundaries of any new, existing, and/or expanded utility ROW or road boundaries, and where linear Facility lines or cables are to be constructed outside the Facility Area shall be shown, including any areas contiguous to the ROW or street within which the Certificate Holder will obtain additional rights.

5. The location of each overhead Linear Facility structure (showing its height, material, finish and color, and type), structural foundation type (e.g., concrete, direct bury) and dimensions, fence, gate, down-guy anchor, and any counterpoise required (typical counterpoise drawings will suffice recognizing that before field testing of installed structures the Certificate Holder may be unable to determine the specific location of all required counterpoise), conductors, insulators, splices, and static wires and other components attached to Linear Facility structures.

2 The lowest conductor of an overhead electric transmission, collection or distribution facility design shall be shown in relation to ground elevation at the maximum permissible conductor temperature for which the line is designed to operate, i.e., normally the short-time emergency loading temperature specified by the New York Independent System Operator. If a lesser conductor temperature is used for the line profile, the maximum sag increase between the conductor temperature and the maximum conductor temperature shall be indicated for each ruling span. For underground design, show relation to final surface grade, indicating design depth-of-cover.

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4 December 2020

For paved access roads the plan drawing shall show the following items. Profiles of paved access roads are only required if civil works are required to establish appropriate longitudinal and cross slopes. Profiles of unpaved and unimproved access corridors are not required due to a lack of civil works.

1. Each Facility access road will be identified by a unique name designation. Each access road will be shown on a scaled drawing indicating the width. Temporary and permanent cut and fill contours for each road also shall be shown at 2-foot contours. Access controls such as gates shall be indicated, with typical or specific design indicated as applicable to individual sites and identifying construction and material details of gates and berms.

2. Discuss the types of access roads or paths that will be used including consideration of: a. temporary installations (e.g., corduroy, mat, fill, earthen road, geotextile underlayment, gravel

surface, etc.); b. permanent installations (e.g., cut and fill earthen road, geotextile under-layment gravel surface,

paved surface, etc.); c. of existing roads, driveways, farm lanes, rail beds, etc.; and, d. other access, e.g., helicopter or barge placement.

3. For each temporary and permanent access type, provide a typical installation plan view and typical cross section with appropriate distances and dimension and identification of material. Location-specific cross side views and profiles are only required if civil works are required to establish appropriate longitudinal and cross slopes. Where existing access ways will be used, indicate provisions for upgrading for Facility construction. Demonstrate accommodation of planned or proposed future access to sites and lands within or adjacent to the facilities locations (and landowner requested improvements (e.g., access roads across linear facilities such as wires, pipes, or conduits).

4. Indicate the associated drainage and erosion control features to be used for access road construction and maintenance. Provide re-vegetation materials specifications. Provide diagrams and specifications (include plan and side views with appropriate typical dimensions) for each erosion control feature to be used, such as:

a. check dam (for ditches or stabilization of topsoil); b. broad-based dip or berm (for water diversion across the access road); c. roadside ditch with turnout and sediment trap; d. French drain; e. diversion ditch (waterbar); f. culvert (including headwalls, aprons, etc.); g. sediment retention basin (for diverting out-fall of culvert or side ditch); and, h. silt fencing.

5. Indicate the type(s) of stream or wetland crossing method to be used in conjunction with temporary and permanent access road construction. Provide diagrams and specifications (include plan and side view with appropriate dimensions, alignment, extent of clearing) for each crossing device and rationale for their use. Stream crossing methods and design may include but not be limited to:

a. timber mat or other measures to prevent soil compaction; b. culverts including headwalls; c. bridges (either temporary or permanent); and, d. fords.

All diagrams and specifications for roads crossings should include material type and size to be placed in streams and on-stream approaches, and/or wetland, as well as on wetland approaches.

Additionally, plan drawings for the Facility shall include the following items:

1. Existing utility and non-utility structures on or adjacent to the Facility, indicating those to be removed or relocated (include circuit arrangements where new structures will accommodate existing circuits, indicate methods of removal of existing facilities, and show the new locations, types and configurations of relocated

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facilities). Depict each Facility conductor’s clearance from the nearest adjacent overhead electric transmission or distribution lines and communications lines.

2. Existing underground utility or non-utility structures including but not limited to gas, water, telecommunication or electric cable or pipeline. The relationship of the Facility to adjacent fence lines; roads; railways; airfields; property lines; hedgerows; fresh surface waters; wetlands; other water bodies; significant habitats; associated facilities; water springs; adjacent buildings; water wells; or structures; major antennas; oil or gas wells, pipeline facilities, and compressor and pressure-limiting and regulating stations. Regarding co-location and crossing of existing utilities by Facility components, the following additional information shall be provided:

a. Results of any cathodic protection impact studies; b. Any approval documentation (including a statement that Facility installations meet existing utility

owner technical and safety requirements and copies of all relevant technical and safety manuals) from each existing utility that will be co-located with or that will be crossed by Facility components (including construction equipment crossings of existing utilities);

c. Details of available existing utility owner approved crossing guidance (crossed by Facility components) showing methods, separation of existing utility and Facility components, cover, installation of protection measures, and workspace, including any bore pits or similar features;

d. Details of existing utility owner approved co-location installations (with Facility components) showing separation distances of existing utilities and Facility components and any required or recommended protection measures; and

e. Details and descriptions of available existing utility owner approved methods regarding Facility construction equipment crossing of existing utilities approved by each existing utility owner.

3. The location, design details, and site plan of any proposed Facility components, generator sites, collection station, control building, new or expanded switching station, substation, or other terminal or associated utility or non-utility structure (attach plan3 - plot, grading, drainage, and electrical - and elevation views with architectural details at appropriate scales). Indicate the type of outdoor lighting, including design features to avoid off- site illumination and minimize glare; the color and finish of all structures; the locations of temporary or permanent access roads, parking areas, construction contract limit lines, property lines, designated floodways and flood-hazard area limits, buildings, sheds, relocated structures, and details of any plans for water service and sewage and waste disposal.

2.2 STORMWATER POLLUTION PREVENTION The Compliance Filing plan drawings will include the acknowledged SWPPP plans (and approved MS-4 SWPPP plans if applicable) and drawings, and indicate the locations and details of soil erosion and sediment control measures and any proposed permanent stormwater management controls developed in accordance with the New York Standards and Specifications for Erosion and Sediment Control (e.g., stabilized construction entrances, drainage ditches, silt fences, check dams, and sediment traps) in effect at the time the Certificate is issued. Such plan and drawings shall include contingencies for construction during extreme weather events to avoid and minimize the cumulative impacts of multiple proximate disturbed areas. A construction sequencing plan that identifies the order of operations for installation of appropriate erosion and sediment controls and best management practices prior to conducting ground-disturbing activities (including vegetation clearing) will be included in the SWPPP and denoted on appropriate drawings and plans. The construction sequencing plan will include processes related to stream crossings, installation of riprap and culverts, and trenching.

3 Preferably 1” = 50’ scale with 2-foot contour lines for detail plans

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2.3 VEGETATION CLEARING AND DISPOSAL METHODS Forest clearing will be limited to the minimum areas necessary for construction and operation, and will occur during approved construction hours. Areas of tree clearing will be identified on relevant construction drawings, along with the following:

1. the locations of sites requiring trimming or clearing of vegetation including both above and below ground (i.e., stumps) and the geographic limits of such trimming or clearing;

2. the specific type and manner of cutting, disposition or disposal method for vegetation (e.g., chip; cut and pile; salvage merchantable timber, etc.);

3. the disposal locations of all vegetation (including stumps) to be cut or removed from each site; 4. any geographical area bounded by distinctly different cover types requiring different cut- vegetation

management methods; 5. any geographical area bounded at each end by areas requiring distinctly different cut- vegetation methods

due to site conditions such as land use differences, population density, habitat or site protection, soil or terrain conditions, fire hazards, or other factors;

6. site specific vegetation treatment or disposal methods, including any property-owner required details such as log storage or wood chip piling areas, or “no-herbicide” zones;

7. areas requiring danger tree removal (i.e., trees with cracks or decay in proximity of a Facility components and corridors);

8. the location and details of any areas where specific vegetation protection measures will be employed including those measures to avoid damage to specimen tree stands of desirable species, important screening trees, hedgerows, etc.; and

9. identification of invasive species within/adjacent to the area of clearing, and specific disposal methods required for invasive species pursuant to the Facility’s Invasive Species Management Plan (ISMP).

2.4 BUILDING AND STRUCTURE REMOVAL Indicate the locations of any buildings or structures to be demolished, moved, or removed. Provide plans for site access; and plans and standards for control of dust, runoff and containment of any debris or other waste materials related to removals.

2.5 WATERBODIES 1. Indicate the name, water quality classification and location of all rivers and streams, (whether perennial and

intermittent) and drainages within the construction area or crossed by any proposed Linear Facility Component; access road constructed, improved, or maintained for the Facility; or any Non-Linear Facility Component. On the plan and profile drawings, indicate:

a. stream crossing method and delineate any designated streamside “protective or buffer zone” in which construction activities will be restricted to the extent necessary to minimize impacts on rivers and streams, and/or other drainages;

b. the activities to be restricted in such zones; and, c. identify any designated floodways or flood hazard areas within the Facility, or otherwise used for

Facility construction or the site of associated facilities. Provide topographic and flood hazard area elevations (if determined by engineering study); and specifications for facilities to be located within designated flood hazard or floodway zones; and design engineering and construction measures to demonstrate conformance with local ordinances, avoid damage to facilities, or avoid increasing flood elevation at any other location due to Facility installation and operation.

2. Show the location of all potable water sources, including springs and wells on or within 100 feet (31 meters) of the Facility components and 500 feet (152 meters) of horizontal directional drilling (HDD) location (if

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applicable)s, indicating on a site-by-site basis, precautionary measures to be taken to protect each water source. Pier and post-driving activities shall be prohibited within 100 feet (31 meters) of any existing, active potable water supply well. For any potable wells identified as located within 100 feet (31 meters) of collection lines or access roads, within 200 feet (61 meters) of pier or post installation, or within 500 feet (152 meters) of HDD operations, pre- and post-construction well monitoring will be performed by a qualified third-party as described in Certificate Condition #50.

2.6 WETLANDS 1. All federal and state jurisdictional wetlands and state-regulated 100-foot (31-meter) adjacent areas

(adjacent areas) located within the Facility Area or crossed by or adjacent to any access road to be constructed, improved, used or maintained for the Facility shall be depicted on plan drawings. Each wetland will be identified by an identification number and indicate the community type (e.g., emergent, scrub-shrub, forested), location, and identification code(s) of any federal or state regulated wetland within or adjoining the Facility and its components, as determined by site investigation and delineation. Each wetland will be identified by a project identification number and by appropriate New York State Department of Environmental Conservation (NYSDEC) Freshwater Wetland designations, when applicable (i.e., for state jurisdictional wetlands).

2. Indicate the location of any wetland within or adjoining the Facility or any temporary access road, as determined by site investigation and delineation.

3. Identify crossing methods and buffer/impact limits for all wetlands on plan drawings. 4. Prior to initiating construction activities, the perimeter of wetlands and associated buffers shall be flagged

in the field to clearing identify clearance/disturbance limits and other wetland areas to be avoided during construction.

5. A flagging plan indicating colors and schematics identifying different wetland impact types shall be included.

2.7 LAND USES The limit of disturbance for the Facility does not contain any areas that will be retained for continued agricultural use. The Facility does not include any areas that have geologic or historic sensitivity, and does not contain any scenic or park resources. No sensitive land uses or resources are located in proximity to the Facility, and the Facility is not located near recreational uses that could be affected by the construction process. However, if any of these sensitive resources occur within the Facility limit of disturbance, the following will be mapped.

1. Agricultural Areas: a. Indicate the locations of sites under cultivation or in active agricultural use including rotational

pasture, pasture, hayland, and cropland. Designations and descriptions will be those in current use by the NYS Department of Agriculture and Markets (AGM).

b. Indicate the location of any known unique agricultural lands including maple sugarbush sites, organic muckland, and permanent irrigation systems, as well as areas used to produce specialty crops such as vegetables, berries, apples, or grapes.

c. Indicate the location of vulnerable soils in agricultural areas that are more sensitive than other agricultural soils to construction disturbance due to factors such as slope, soil wetness, or shallow depth to bedrock.

d. Indicate the location of all known land and water management features including subsurface drainage, surface drainage, diversion terraces, buried water lines, and water supplies.

e. Designate the site-specific techniques to be implemented to minimize or avoid construction-related impacts to agricultural resources.

2. Sensitive Land Uses and Resources:

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a. Identify and indicate the location of known sensitive land uses and resources that may be affected by construction or maintenance of the Facility or by construction- related traffic (e.g., hospitals, emergency services, sanctuaries, schools, and residential areas).

3. Geologic, Historic, and Scenic or Park Resources: a. Indicate the locations of geologic, historic, and existing or planned scenic or park resources and

specify measures to minimize impacts to these resources (e.g., specified setback distances, vegetation protection, fencing, signs).

4. Recreational Areas: a. Indicate the locations where existing recreational use areas, designated trails, trailhead parking

areas or associated access driveways would affect or be affected by the Facility location, site clearing, construction, operation or management of the Facility.

2.8 ACCESS ROADS, LAY-DOWN AREAS AND WORKPADS 1. Indicate the locations of temporary and permanent access roads, lay- down areas, parking areas, and other

designated appurtenant workspaces. 2. Provide construction type, material, and dimensions and their associated limits of disturbances. 3. Indicate provisions for upgrading any existing access roads. 4. If access is required for continued agricultural activities, ensure sufficient access for farm operators

(crossings or turn-offs) for the site-specific agricultural equipment and/or livestock.

2.9 NOISE SENSITIVE SITES Show the locations of sound sensitive receptors on the drawings, and identify locations and specifications of measures planned to mitigate construction noise as required by the Certificate. Identify on the drawings or specifications, the applicable noise limits and criteria as described in the Certificate.

2.10 ECOLOGICALLY AND ENVIRONMENTALLY SENSITIVE AREAS Site plans will identify the general locations of any known ecologically and environmentally sensitive sites (e.g., rare, threatened, and endangered species or habitats [i.e., vernal pools located within 100 feet (31 meters) of the limit of disturbance]; agricultural districts; and special flood hazard areas), that are adjacent to the Facility or with 100 feet (31 meters) of any access roads to be constructed, improved or maintained for the Facility. Specify the measures that will be taken to protect these resources (e.g., fencing, flagging, signs “Sensitive Environmental Areas, No Access”).

Sensitive archaeological sites located at the Facility that may occur in trenching or excavation areas have been cleared for development as part of a Phase II archaeological survey completed in 2020. Other sensitive archaeological sites to be avoided, both within the Facility boundaries and located within 100 feet (31 meters) of the Facility will be clearly indicated on the final site plans. The mapped locations of all identified archaeological sites within 100 feet (31 meters) of proposed Facility-related impacts shall be identified as “Environmentally Sensitive Areas” or similar on the final Facility construction drawings and marked in the field by construction fencing with signs that restrict access.

2.11 INVASIVE SPECIES Prior to construction and as required by the Certificate, location(s) of invasive species within and immediately adjacent to the Facility’s limit of disturbance will be identified and a summary of the prescribed method to control the spread of the identified species on the site during construction will be identified on relevant construction plans

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and included in contractor’s worker orientation training program. The summary will identify commitments to avoid bringing in invasive species from other sites on equipment and avoiding spread during construction activities.

Location(s) of prohibited invasive species pursuant to 6 NYCRR Part 575 will be identified in the ISMP and the results of pre-construction invasive species surveys as required by the Certificate, and the prescribed method(s) to control the spread of the identified species on the site during construction. The need for post-construction control of on-site invasive species will be determined based on the results of post-construction monitoring as described in the annual monitoring report and determined in consultation with NYSDEC.

2.12 VEGETATION CONTROLS AND HERBICIDES Details provided in the Facility’s ISMP will identify areas where herbicides will be used for control of invasive species. Prescribed treatment methods for specific vegetation control will be included on the drawings or work specifications. Areas where no herbicides are allowed (wetlands, streams, adjacent areas to wetlands and streams, organic farms, etc.) will be labeled on the site plans and construction drawings. In areas where herbicides are allowed, such use will be conducted by NYSDEC-certified pesticide applicators in accordance with all label restrictions and notification requirements.

2.13 VISUAL MITIGATION LANDSCAPING AND BUFFERS The location of visual mitigation planting areas and specific planting modules proposed will be shown on the site plans. The VMPP will include the species composition, planting plans and specifications for each of the mitigation modules.

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SECTION B – DESCRIPTION AND STATEMENT OF OBJECTIVES, TECHNIQUES, PROCEDURES, AND REQUIREMENTS

Section B addresses the description and statement of objectives, techniques, procedures, and requirements (i.e., the narrative portion of the of the SEEP and referenced Compliance Filings for the Facility). This shall include, but will not be limited to, all of the following information, and address the requirements of 16 NYCRR §1002.3. Chapters or sections of the document shall identify whether it is addressing a specific certificate condition. This section of the SEEP follows the proposed outline for the SEEP document as described in Section C.

The narrative portion of the SEEP and referenced Compliance filings for the Facility shall include, but need not be limited to, all the information provided in Section 3.

3.1 FACILITY LOCATION AND DESCRIPTION This section of the SEEP should contain:

1. A brief description of the final Facility location and site; 2. A description of the construction hours and schedule as presented in the Certificate Conditions; and 3. A description of the infrastructure selected for the Facility including any manufacturer provided information

regarding the design, safety and testing information for the PV modules, inverters, substation, and transformer to be installed during construction.

3.2 ENVIRONMENTAL COMPLIANCE AND MONITORING PLAN An Environmental Compliance and Monitoring Plan (EC&MP) will be developed for the construction phase of the Facility and a copy will be included in the SEEP. The EC&MP will include a Facility communications plan, along with the names, titles, qualifications and contact information of all individuals responsible for ensuring minimization of environmental impact by the Facility/project and for enforcing compliance with environmental protection provisions of the Certificate and the compliance filings. The EC&MP will include, but not limited to, the following:

1. Certificate Holder’s project manager; 2. Engineering Procurement Construction project manager; 3. Engineering Procurement Construction full-time construction supervisor; 4. Full time Health, Safety, and Environmental (HSE) Manager; and 5. A third-party consultant(s) to serve as an Environmental Monitor(s) when the HSE Manager is not

otherwise qualified. The Environmental Monitor will be required to inspect and monitor the site during specific periods as noted and required in Section 3.16 Avian and Bat Impacts.

The Certificate Holder may utilize one or more additional qualified individuals to satisfy the Facility oversight responsibilities associated with the environmental and agricultural inspections.

The EC&MP also shall include:

1. Protocols for supervising demolition, vegetation clearing, use of herbicides, construction, and site restoration activities to ensure minimization of environmental impact and compliance with the environmental protection provisions specified by the Certificate.

2. Specify responsibilities for personnel monitoring all construction activities, such as clearing, sensitive resource protection, site compliance, change notices, etc.

3. Details for environmental training that will be incorporated into contractor and subcontractor on-site worker orientation training and include environmental protection and regulatory requirements for conservation of natural resources.

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4. Include a statement that the Certificate Holder has made compliance with the SEEP an obligation of its contractors and has provided a copy to those employees and contractors engaged in demolition, clearing, construction and restoration.

5. Describe the procedures to “stop work” in the event of a Certificate violation. 6. The company’s designated contact including 24/7 emergency phone number, for assuring overall

compliance with Certificate conditions. 7. Ensure that required safety procedures and worksite hazards are communicated to site inspectors in a

documented tailboard meeting prior to entry onto the site of work on such Certificate Holder’s Facility Components.

8. Include a procedure for providing NYSDPS Staff, AGM, NYSDEC, and the Town with construction look ahead schedules indicating construction activities and location schedules, including a procedure for providing scheduling updates..

3.3 FACILITY COMMUNICATION AND COMPLAINT RESOLUTION PLAN The SEEP shall include a copy of the final Complaint/Comment Submission Form. A copy of the Noise Complaint Resolution Protocol is provided as Appendix B of the Certificate Conditions. The final Complaint Resolution Plan shall include protocols for:

1. Communication between parties, including a flowchart of proper communications; 2. The Certificate Holder shall provide at least a 2 week notice to the associated farm operator (landowner or

leased operator) prior to initiating staking/flagging for construction activity to provide an opportunity for the producer to harvest crops.

3. Notifying the Towns and public of the complaint procedures; 4. Registering a complaint; 5. Responding to and resolving complaints in a consistent and respectful manner; 6. Responding to complaints during construction and operations and involving responsible staff to resolve in

a respectful manner; 7. Logging and tracking of all complaints received, and resolutions achieved; 8. In cases of unresolved complaints, a written response to the complainant will be provided within 30 days of

receipt of the complaint and any complaints not resolved within 30 days of receipt will be reported to NYSDPS Staff and the Town;

9. Reporting to senior Facility Management and involvement of town officials as needed to resolve the complaints. Engagement of third conflict resolution expert, if necessary;

10. Mediating complaints not resolved within 60 days; and 11. Providing annual reports of complaint resolution tracking to NYSDPS staff that also shall be filed with the

Secretary.

3.4 HEALTH AND SAFETY PLANS 1. The Final Emergency Action Plan that shall be implemented during Facility construction. Copies of the final

plan also shall be provided to NYSDPS Staff, the NYS Division of Homeland Security and Emergency Services, the Towns and local emergency responders that serve the Facility. The plan also will address follow-up inspections for panels and substation facilities following emergency events for high winds, tornadoes, and hurricanes.

2. The Final Site Security Plan for Facility construction. Copies of the final plan also shall be provided to NYSDPS Staff, NYS Division of Homeland Security and Emergency Services, the Towns, and local emergency responders that serve the Facility. The plan shall include, but not be limited to, the following:

a. posting signs at the edges of the ROW in those locations where the collection lines intersect public roads; and

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b. working with the County Sheriff, and local law enforcement officials in an effort to prevent trespassing.

c. the Final Health and Safety Plan that shall be implemented during Facility construction; d. a final site-specific construction Quality Assurance and Quality Control Plan.

3. Compliance with the applicable local, state, and/or federal health and safety regulations will govern Facility construction and operation.

4. The Facility is not expected to result in any public health or safety concerns associated with gaseous, liquid or solid wastes. Routine inspection of the storage of these materials will be conducted to ensure compliance with best management practices.

5. An EC&MP will be implemented during Facility construction, and the Certificate Holder will require that the construction contractor assign HSE Manager and a third-party Environmental Monitor (as described in Section 3.2 above), and will provide NYSDPS Staff a copy of the HSE Manager qualification requirements. The EC&MP will be filed with the NYSDPS and NYSDEC, as part of the Compliance Filing. The EC&MP will include the following components:

a. Planning - Prior to the start of construction, the HSE Manager will review the Certificate and any other environmental permits and, based upon the conditions/requirements of the permits, prepare an environmental management document (Environmental Compliance Manual) that will be utilized for the duration of the construction and operation of the Facility.

b. Training -The HSE Manager will incorporate environmental training into its site worker orientation sessions that will be mandatory for all contractors and subcontractors before they begin working within the Facility Area.

c. Preconstruction Coordination - The contractor(s), the HSE Manager and applicable state agency staffs (NYSDPS and other agency and local government staff) will conduct a meeting and walkover of areas to be affected by construction activities.

d. Construction and Restoration Inspection - The monitoring program will include daily inspection of construction work sites by the HSE Manager during active site work periods (and then weekly during less active periods). The HSE Manager will keep a log of construction activities and will issue periodic/regular (typically weekly during active periods and monthly through final site restoration and NOT) reporting and compliance audits. SWPPP inspections and logging must be conducted according to SWPPP timing requirements.

6. Once construction is complete, the Environmental Compliance Manual will be revised to eliminate construction-only obligations, with the remaining obligations integrated into the O&M Plan.

3.5 GENERAL CONSTRUCTION 1. Provide a copy of the SWPPP, which will include an Erosion and Sediment Control Plan and will specify

appropriate measures that will be used to minimize fugitive dust and airborne debris from construction activity as outlined in the New York State Standards and Specifications for Erosion and Sediment Controls (NYSDEC 20164). The Erosion and Sediment Control Plan also will contain trenching details including:

a. In locations where electric collection lines and transmission lines will be installed by open trenching, particularly along or across areas of steep slopes, the Erosion and Sediment Control Plan will describe measures to address temporary erosion contingencies (e.g., stormwater events with open trench) and erosional risks that will extend the life of the Facility (e.g., “piping” erosion after backfilling of the trench). Related subsurface drainage to relieve hydraulic pressure behind trench plugs or breakers for the life of the Facility also may be addressed.

4 NYSDEC. 2016. New York State Standards and Specifications for Erosion and Sediment Controls. Available

online at: https://www.dec.ny.gov/chemical/29066.html.

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b. The following measures to address in-trench erosion may be implemented, as necessary: i. Trench Plugs:

1) Temporary trench plugs may be placed in the excavated trench to impede the flow of water down the trench. Hard plugs (unexcavated earth segments of the ditch line) will be maintained adjacent to streams and wetlands to protect those resources until cable installation activities occur. Soft plugs (replaced trench spoil, fill, sandbags) may be spaced in the trench in sloping areas to reduce erosion and trench slumping. Hay or straw bales may not be used as for temporary trench plugs.

2) After cable installation, permanent sandbag or alternative trench breakers may be installed and spaced according to Appendix 1 “Trench Breaker Spacing” before backfilling. At the request of landowners or at the discretion of the environmental inspector or construction supervisor, un-disturbed areas (“hard plugs”) may be left in place until cable installation commences, to accommodate equipment crossings. Hard plugs should be a minimum of 50 feet (15 meters) in length for areas where cable splices may occur. For animal and vehicle crossings of the trench line area, a plug 25 to 30 feet (8 to 9 meters) in length should suffice.

ii. Trench Breakers: 1) Trench breakers may be constructed of sandbags or alternative materials.

Impervious materials may be used to retain water in the wetlands. Trench breakers should be installed at all wetland edges. The location of these impervious trench breakers may be determined in the field based on locations identified in the construction plan documents. Trench breakers also should be installed at the top of bank of each waterbody, stream, or wetland crossing.

iii. Backfill: 1) Backfill operations will commence immediately after cable installation operations

and will continue until completed. When backfilling the trench, the following applies:

a. Only on-site, native material should be used in backfill operations unless the native material does not meet specifications, or ledge rock (i.e. bedrock) is encountered in the trench. Imported material may be brought in to protect the cables and achieve depth-of-cover requirements. Imported backfill must be free of invasive species pursuant to Invasive Species Control Plan.

b. Where topsoil has been segregated from trench spoil, backfill will be done in reverse order with trench spoil returned first.

c. Excess spoil will be removed. Under no circumstances will excess spoil be spread along the ROW or stockpiled in a manner that permanently changes the soil profile.

d. Trench breakers made of foam, sandbags, or other impervious materials shall be installed at the edge of all wetlands. For those areas where conditions and topography warrant, and the Certificate Holder identifies prior to the start of construction, the installation of trench breakers at the upland/wetland boundaries is appropriate to minimize changes to hydrologic regime in the wetlands such as drainage from the wetland.

2. The SEEP shall attach a final Spill Prevention, Containment and Countermeasures (SPCC) Plan for construction to minimize the potential for unintended releases of petroleum and other hazardous chemicals during Facility construction and operation. The SPCC Plan shall be applied to all relevant construction activities and address the following:

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a. General Information about water bodies, procedures for loading and unloading of oil, discharge or drainage controls, procedures in the event of discharge discovery, a discharge response procedure, a list of spill response equipment to be maintained on-site (including a fire extinguisher, shovel, tank patch kit, and oil-absorbent materials), a statement that methods of disposal of contaminated materials in the event of a discharge will follow the appropriate requirements, and spill reporting information. A statement that any spills shall be reported in accordance with state and/or federal regulations.

b. Storage, handling, transportation, and disposal of petroleum, fuels, oil, chemicals, hazardous substances, and other potentially harmful substances which may be used during, or in connection with, the construction, operation, or maintenance of the Facility.

c. Avoiding spills and improper storage or application. d. Reporting, responding to and remediating the effects of any spill of petroleum, fuels, oil, chemicals,

hazardous substances, and other potentially harmful substances in accordance with applicable state and federal laws, regulations, and guidance, and include proposed methods of handling spills of petroleum, fuels, oil, chemicals, hazardous substances, and other potentially harmful substances which may be stored or utilized during the construction and site restoration, operation, and maintenance of the Facility.

e. Providing of SPCC Plan to the Town and local emergency responders; notifying the Town and local emergency responders of locations of hazardous substance storage.

3.6 CLEAN UP AND RESTORATION The drawings, plans, or specifications shall describe the program for clean-up and restoration following construction, including as applicable:

1. the removal and restoration of any temporary roads, lay-down or staging areas; the finish grading of any scarified or rutted areas; the removal of waste (e.g., excess concrete), scrap metals, surplus or extraneous materials or equipment used; and

2. plans, standards and a schedule for the restoration of vegetative cover, including but not limited to, specifications and design standards for ground cover, including:

a. species mixes and application rates by site and habitat type (i.e., upland, wetland); b. site preparation requirements (soil amendments, stone removal, subsoil treatment, or drainage

measures); and c. acceptable final cover % by cover type.

3. Wetlands and adjacent areas will be restored to contain their approximate original contours and seeded using native seed mix;

4. planting installation specifications and follow-up responsibilities if needed; 5. a schedule or projected dates of any seeding and/or planting if needed; and 6. removal of all erosion and sedimentation control equipment and best management practice materials (i.e.,

silt fence), once Facility soils have been stabilized.

3.7 TRANSPORTATION Delivery of Facility construction materials, excluding substation transformers, will be delivered by conventional legal weight tractor trailer vehicles and multiple axle dump trucks. There are no weight restrictions along the Town, State and County roadways proximate to the Facility Area that will need to be avoided, and it is assumed that all culverts along the Access Routes will handle legal-weight vehicles.

1. The SEEP shall include copies of Road Use Agreements required by Greene County and the Town of Coxsackie. The SEEP will include copies of any crossing agreements as required with utility companies.

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2. A Route Evaluation Study is not required as no over-height or over-weight deliveries are planned. Deliveries will be required to use the routes identified in the Article 10 application. Appropriate municipal and emergency personnel will be notified of the commencement of deliveries.

3. The SEEP shall attach a Traffic Control Plan that identifies: a. The delivery route(s) for oversize or over length equipment or materials and the route(s) for delivery

of earthen materials and concrete. b. The plan shall describe the delivery of materials to the facilities site and shall indicate mitigation

measures to manage traffic during construction and operation. c. Copies of all permits that may be required for the delivery of such equipment and materials shall

be provided prior to such deliveries. 4. The Certificate Holder shall not permit construction vehicles or construction equipment to park or idle at

public roadside locations for extended periods of time.

3.8 CONSTRUCTION VEGETATION CLEARING AND DISPOSAL METHODS The SEEP shall attach a Facility Vegetation Clearing Management and Herbicide Use Plan that describes:

1. The approved construction window and time of year restrictions for work in occupied grassland bird habitat, as described in the Certificate Conditions.

2. The specific methods for the type and manner of cutting and disposition or disposal methods for cut vegetation.

3. No burning of vegetation is planned. Cleared trees will first be salvaged for use as firewood or commercial wood processing. The remaining cleared vegetation will be chipped and spread on site for temporary stabilization. Stumps that may remain may be either stockpiled on-site (in non-wetland and non-agricultural areas) or disposed of at a licensed off-site landfill designated for receipt of such waste.

4. Indicates specifications and standards applicable to salvage, stockpiling or removal of material. 5. Identifies ownership of cleared vegetation based on landowner agreements (as applicable). 6. Specifies the locations where herbicides are to be applied. Provide a general discussion of the site

conditions (e.g., land use, target and non-target vegetation species composition, height and density) and the choice of herbicide, formulation, application method and timing. Provide lists of desirable and undesirable vegetation species.

7. Describes the procedures that will be followed during chemical application to protect non- target vegetation, streams, wetlands, potable waters and other water bodies, and residential areas and recreational users on or within 100 feet (31 meters) of the ROW.

3.9 PLANS, PROFILES, AND DETAIL DRAWINGS See Section A of the SEEP for the details to be provided on the Plans, Profiles and Detail Drawings.

3.10 LAND USES The limit of disturbance for the Facility does not contain any areas that will be retained for continued agricultural use, areas that have geologic or historic sensitivity, and does not contain any scenic or park resources. No sensitive land uses or resources are located in proximity to the Facility, and the Facility is not located near recreational uses that could be affected by the construction process. If applicable, the SEEP will identify requirements identified in the Certificate Conditions as they relate to sensitive resources occurring within the Facility limit of disturbance, including a description of avoidance, minimization or mitigation for impacts to sensitive land uses not covered by other sections of the SEEP.

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3.11 FINAL GEOTECHNICAL ENGINEERING REPORT The SEEP shall attach a final Geotechnical Engineering Report.

3.12 INADVERTENT RETURN PLAN 1. The SEEP shall attach an Inadvertent Return Plan showing all locations where HDD is proposed (if

applicable). No HDD is currently planned for the Facility and no Inadvertent Return Plan is expected to be required. In the event this changes during detailed design, the plan shall assess potential impacts from frac-outs, establish measures for minimizing the risk of adverse impacts to nearby environmental resources, and require the following:

a. Prior to conducting HDD, or other trenchless methods, Material Safety Data Sheets (MSDS) will be provided to NYSDPS and NYSDEC staff.

b. Drilling fluid circulation shall be maintained to the extent practical. c. If inadvertent returns occur in upland areas, the fluids shall be immediately contained and collected. d. If the amount of drilling fluids released is not enough to allow practical collection, the affected area

will be diluted with freshwater and allowed to dry and dissipate naturally. e. If the amount of surface return exceeds that which can be collected using small pumps, drilling

operations shall be suspended until surface volumes can be brought under control. f. If inadvertent drilling fluids surface returns occur in an environmentally sensitive area (i.e. wetlands

and water bodies) the returns shall be monitored and documented. g. Drilling operations must be suspended if the surface returns pose a threat to the resource or to

public health and safety, or may result in a violation of water quality standards or Certificate Conditions.

h. Removal of released fluids from environmentally sensitive areas will take place only if the removal does not cause additional adverse impacts to the resource. Prior to the removal of fluids from environmentally sensitive areas, NYSDPS and NYSDEC staff will be notified and consulted.

i. If inadvertent drilling fluids surface returns occur in an environmentally sensitive area, NYSDPS and NYSDEC Staff shall be notified immediately and a monitoring report summarizing the location of surface returns, estimated quantity of fluid, and summary of cleanup efforts shall be submitted within 48 hours of the occurrence.

j. The plan shall establish protocols for recovery of inadvertent releases, handing and disposal. k. Any drilling fluid inadvertently discharged must be removed from agricultural areas.

3.13 VISUAL MITIGATION The SEEP shall attach a final VMPP that is appropriate for the scale of the Facility and visual character of the surrounding area, and use only native species or orchard crop species, at any time during the implementation of the VMPP. The VMPP will include seasonal installation guidelines, a construction timeline, follow up field assessments, and a maintenance/replacement program. Vegetative screening will be implemented prior to or in conjunction with installation of the solar panel arrays, to the extent practicable. All plantings should occur during the spring or fall planting season or otherwise include appropriate watering.

Following the first-year inspection, a qualified consultant will be retained (i.e., Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) to review landscape plantings on an annual basis for 4 years (i.e., on annual basis for the first 5 years of Facility operation) to confirm that the landscape plantings are functioning to provide visual screening per the VMPP. Results of this review will be filed with the Secretary. The qualified consultant (i.e., Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) will recommend remedial measures identified, along with a schedule for implementation, if necessary.

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In the case of localized die-back or excessive damage of the mitigation plantings after the first 5 years, planting condition will be evaluated by a qualified consultant (i.e., Landscape Architects, Certified Arborists, or Certified Nursery and Landscape Professionals) to evaluate and determine if the mitigation plantings are accomplishing the mitigation/screening goals set forth in the VMPP. If the remaining vegetation does accomplish these goals, then no further action is necessary. If deemed insufficient, new plantings or other means of screening will be recommended for installation. The visual mitigation plantings will be reviewed as part of routine maintenance following the 5-year monitoring period to evaluate the health condition of the plantings.

3.14 CULTURAL RESOURCES 1. The SEEP shall attach a Final Unanticipated Discovery Plan, establishing procedures to be implemented if

resources of cultural, historical, or archaeological importance are encountered during Facility construction. The plan will include a provision for immediate work stoppage upon the discovery of possible archaeological or human remains. Evaluation of such discoveries, if warranted, shall be conducted by a professional archaeologist, qualified according to New York Archaeological Council Standards. Work shall not resume in the area of such remains until written permission is received from the New York State Office of Parks, Recreation and Historic Preservation (OPRHP).

2. The Facility will not impact archaeological sites. However, if it is determined that complete avoidance of archaeological sites is not possible, the Certificate Holder shall consult with the OPRHP and NYSDPS Staff to determine if mitigation is warranted. The identification of mitigation measures will be included in the plans.

3.15 AVIAN AND BAT IMPACTS The SEEP shall describe clearing measures to be implemented during construction to avoid and minimize impacts to bird and bat species as outlined in the Certificate Conditions.

1. The SEEP shall attach the final “Net Conservation Benefit Plan” (NCBP), which is to be filed prior to commencement of ground disturbance activities in occupied habitat for Affected Species. At a minimum, the final NCBP shall address the Siting Board’s Order and Certificate and contain the following information if not already included: a. A detailed description of measures identified by NYSDEC and those considered by the Certificate

Holder to fully avoid impacts (including time of year restrictions for occupied habitat) to northern harrier (Circus hudsonius) and short-eared owl (Asio flammeus) (Affected Species), and a demonstration that measures to fully avoid impacts are impracticable;

b. A detailed description of measures identified by NYSDEC and those considered by the Certificate Holder to minimize, to the greatest extent practicable, unavoidable impacts to the Affected Species, and a discussion of the minimization actions to be implemented at the Facility;

c. A detailed description of measures and sites identified by NYSDEC and those considered by the Certificate Holder to mitigate for unavoidable impacts to the Affected Species;

d. An identification of the mitigation actions to be undertaken by the Certificate Holder that will result in a net conservation benefit to the Affected Species and not solely an offset for the potential take of individuals. To achieve a net conservation benefit for unavoidable impacts to the Affected Species, mitigation actions will be implemented to compensate for the loss of northern harrier breeding habitat and short-eared owl wintering habitat as described in the Certificate;

e. A detailed discussion of the net benefit calculations based on the actual location and type of minimization and mitigation measures to be taken for each of the Affected Species;

f. Full source information used as inputs to the net benefit calculations for each of the Affected Species; g. An identification of the location(s) and size of mitigation parcel(s); h. A discussion of the management and maintenance actions required to achieve a net conservation

benefit for impacts to the Affected Species;

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i. An appropriate monitoring program to determine compliance with mitigation requirements and its effectiveness;

j. A proposed method for monitoring the effectiveness of the plan; k. Identify a timeline for implementation of measures required by the plan; l. Proof of access to and right to perform land management activities on the mitigation site(s); m. Identification of all persons that will be involved in implementing the NCBP, with individuals responsible

for funding and implementing the plan clearly identified, and; n. A letter or other indication of the Certificate Holder’s financial and technical capability and commitment

to fund and execute such management, maintenance, monitoring, and adaptive management for the 30-year life of the Facility.

3.16 WETLANDS AND WATERBODIES 1. Provide a table listing all federal and state jurisdictional wetlands, streams, vernal pools and other

waterbodies located within or adjacent to the Facility site. Information provided for these water resources features will include:

a. Facility location (site plan and profile drawing sheet number and reference location); b. Delineated feature identification code; c. Community type; d. NYSDEC Stream Classification (as applicable, including flow); e. NYSDEC Freshwater Wetland designation (as applicable); f. NYSDEC Water Index Number (for streams); and g. Impact coordinates, and specific construction activities or crossing method affecting the resource

(if any, specify the crossing distance across the resource or to the associated Facility construction). 2. A description of construction activities within wetlands, streams and waterbodies outlining the following

requirements: a. In vernal pool areas identified in the Facility plans per Section A of the SEEP, work should not

occur during the peak amphibian breeding season (April 1 to June 15); b. Temporary access roads shall use construction matting or similar material; c. Where any permanent access roads are to be constructed through wetlands, a layer of geotextile

fabric shall be placed across the wetland and at least 6 inches (15 centimeters) of gravel shall be placed in the location of the wetland crossing after vegetation and topsoil is removed;

d. Permanent access roads in wetlands will be designed to maintain hydrological connectivity of the wetland and be designed to the minimum size needed for operation and maintenance activities, including emergency access requirements;

e. The Certificate Holder shall utilize free span temporary equipment bridges or culverts designed to NYSDEC and/or United States Army Corps of Engineers (USACE) standards to cross all streams with flow at the time of the proposed crossing. This will outline how:

i. Bridges or culverts may not be dragged through the stream and must be suitably anchored to prevent downstream transport during a flood.

ii. Fill may not be placed within the stream channel below bank full elevation and placement of abutments or fill is authorized only above and outside bank full boundaries.

iii. Geotextile fabric must be placed below and extending onto the bank and suitable side rails built into the bridges to prevent sediment from entering the waterbody.

f. If there is an inadvertent puncturing of a hydrologic control for a wetland, then the puncture shall be immediately sealed, and no further activity shall take place until NYSDPS and NYSDEC staff are notified and a remediation plan to restore the wetland and prevent future dewatering of the wetland has been approved by NYSDPS and NYSDEC;

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g. Low weight to surface area equipment shall be used and/or equipment shall be placed on temporary matting as needed to minimize soil compaction and erosion;

h. Work areas shall be isolated from flowing streams by use of sandbags, cofferdam, piping or pumping around the work area. Waters accumulated in the isolated work area shall be discharged to an upland settling basin, field or wooded area to provide for settling and filtering of solids and sediments before water is returned to the stream. Return waters shall be as clear as the flowing water upstream from the work area. Temporary dewatering structures (i.e., cofferdams, diversion pipes, etc.) and associated fill shall be completely removed, and the disturbed area shall be regraded and restored immediately following the completion of work;

i. 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;

j. All excess materials shall be completely removed to upland areas more than 100 feet (31 meters) from state-regulated wetlands and waterbodies and shall be suitably stabilized;

k. Cut vegetation in wetlands may be left in place (i.e. drop and lop) or will be piled in upland areas outside of the State regulated 100-foot (31-meter) adjacent areas.

3. Description of construction activities that will temporarily impact wetlands and waterbodies, including the extent of clearing and ground disturbance; proposed locations of roads; a site-specific assessment of constructability of all utility crossings that cannot use trenchless methods; specific plans with the alignment of each wetland crossing; extent of clearing and ground disturbance; description of methods used to minimize soil compaction; and adherence to the following requirements as applicable:

a. Before trenching occurs, upland sections of the trench shall be backfilled or plugged to prevent drainage of turbid trench water from entering wetlands or waterbodies;

b. Trench breakers/plugs shall be used at the edges of wetlands as needed to prevent wetland draining during construction as described in Section B (5);

c. Only excavated wetland topsoil, hydric soils, and subsoil shall be utilized as backfill at wetland restoration areas. Wetland topsoil shall be removed and stored separately from wetland subsoil and temporarily placed on geo-textile blankets;

d. When backfilling occurs in wetlands, 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;

e. Excavation, installation, and backfilling must be done in one continuous operation; f. Work within wetlands should be conducted during dry conditions without standing water or when

the ground is frozen, where practicable; and g. The length of the trench to be opened shall not exceed the length that can be completed in 1 day.

This length of trench generally should not exceed 1,500 feet (457 meters) in a wetland. 4. Description of wetland restoration measures, including:

a. Contours shall be restored to pre-construction conditions or approved post-construction state within 48 hours of final backfilling of the trench within wetlands and state-regulated adjacent areas;;

b. Immediately upon completion of grading, wetland and adjacent areas shall be stabilized and seeded, and/or replanted with native shrubs and herbaceous plants at pre-construction densities. Seeding with an appropriate native wetland species mix (e.g. Ernst Wetland Mix [OBL-FACW Perennial Wetland Mix, OBL Wetland Mix, Specialized Wetland Mix for Shaded OBL-FACW], or equivalent, previously-identified mix), shall be completed to help stabilize the soils;

c. Wetland restoration areas will be monitored for a minimum of 5 years or until an 80% cover of plants with the appropriate wetland indicator status has been reestablished over all portions of the restored area. At the end of the first year of monitoring, the Certificate Holder shall replace lost wetland and/or wetland adjacent area plantings if the survival rate of the initial plantings is less than 80%; and

d. If at the end of the second year of monitoring, the criteria for restoration plantings (80% cover, 80% survival of plantings) are not met, then the Certificate Holder must evaluate the reasons for these

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results and submit an approvable Wetland Planting Remedial Plan (WPRP) for NYSDEC and NYSDPS approval. The WPRP must including the following:

i. Analysis of poor survival; ii. Corrective actions to ensure a successful restoration; and iii. c) Schedule for conducting the remedial work. Once approved, the WPRP will be

implemented according to the approved schedule. 5. A site-specific Stream Crossing Plan for all permanent stream crossings shall be incorporated into the

drawings or specifications and include: a. Appropriately detailed typical-crossing diagrams (plan, profile and cross-sectional view plans and

narratives for each stream crossing); b. Drainage area and flow calculations, and location, quantity and type of fill; c. For any larger, perennial streams, an analysis of vertical and lateral profiles for stream crossing at

the location of the proposed collection line crossing showing the stream bed is enough to prevent exposure of the collection line from stream erosion both vertically and horizontally for the life of the Facility;

d. A description of restoration practices; e. A description of the specific dewatering practices for stream crossings demonstrating consistency

with SWPPP, and/or the use of additional best management practices (i.e., silt sacs, dewatering bags);

f. Information that culvert is sized per NYSDEC and/or USACE culvert sizing criteria; g. Information that the culvert can safely pass the 1% annual (100-year return) chance storm event; h. Information on native streambed substrate or equivalent using an open bottom arch, three-sided

box culvert, or round/elliptical culvert with at least 20% of the culvert height embedded beneath the existing grade of the stream channel at the downstream invert;

i. Sizing information that maintains a minimum width of 1.25 times (1.25 X) the bankfull width of stream channel;

j. Slope detail that remains consistent with the slope of the adjacent stream channel. For slopes greater than 3%, an open bottom culvert will be used, where practicable;

k. Documentation of facilitation of downstream and upstream passage of aquatic organisms; and l. A water handling plan describing the measures to direct stream flow around the work area and

measures to dewater the isolated work area. 6. A description of stream restoration demonstrating adherence with the following:

a. The restored stream channel shall be equal in width, depth, gradient, length and character as the pre-existing stream channel and tie in smoothly to profile of the stream channel upstream and downstream of the Facility Area.

b. Any instream work or restoration shall not result in an impediment to passage of aquatic organisms; c. Any in-stream work (excluding dewatering practices associated with dry trench crossings) and

restoration shall be constructed in a manner which maintains low flow conditions and preserves water depths and velocities like undisturbed upstream and downstream reaches necessary to sustain the movement of native aquatic organisms. Any in-stream habitat structures shall not create a drop height greater than 6 inches (15 centimeters);

d. All disturbed stream banks below the normal high-water elevation must be returned to the original grade as appropriate and adequately stabilized;

e. All other areas of soil disturbance above the ordinary high-water elevation, or elsewhere, shall be stabilized appropriately and seeded with an appropriate perennial native seed mix, and mulched with straw; and

f. Destroyed bank vegetation shall be replaced with appropriate native shrubs, live stakes, and/or tree plantings as site conditions, as appropriate.

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7. If on-site wetland mitigation is required, the SEEP shall attach a copy of the final Wetlands Mitigation Plan, developed in coordination with USACE, NYSDEC, and NYSDPS Staff, , addressing permanent impacts to federally-regulated wetlands. The Wetlands Mitigation Plan will be developed in accordance with the requirements of the USACE Joint Permit Application, and at minimum shall:

a. Describe all activities that will occur within federal and state-regulated wetlands; b. For each wetland, indicate the type of activity (e.g., construction, filling, grading, vegetation

clearing, and excavation) and summarize how the activity is consistent with the weighing standards set forth in 6 NYCRR 663.5(e) and (f);

c. Describe how impacts to wetlands, adjacent areas, associated drainage patterns and wetland functions will be avoided, and how impacts will be minimized;

d. Describe the precautions or measures to be taken to protect all other wetlands associated drainage patterns and wetland functions, including describing as necessary the measures to be taken to protect stream bank stability, stream habitat, and water quality including, but not limited to: crossing technique; crossing structure type; applicable timing restrictions for in-stream work; stream bed and bank restoration measures; vegetation restoration measures; and other site-specific measures to minimize impacts, protect resources, and manage Facility construction;

e. Include the creation of compensatory wetlands at a ratio that is consistent with state and federal regulations;

f. Provide anticipated timeline for mitigation work and the construction details; g. Describe construction details for meeting all requirements contained in the Certificate Conditions; h. Describe performance standards that meet state and federal requirements for determining wetland

mitigation success; i. Include specifications for post construction monitoring of the wetland mitigation for at least 5 years

after completion of the wetland mitigation project. After each monitoring period, at years 1, 3, and 5 after construction, the Certificate Holder shall take corrective action for any areas that do not meet the above referenced performance standards to increase the likelihood of meeting the performance standards. If, after 5 years, monitoring demonstrates that the wetland mitigation is still not meeting the established performance standards, the Certificate Holder must submit a WMRP. The WMRP must include the following:

i. Evaluation for why performance standards are not being achieved; ii. Corrective actions to ensure a successful mitigation; and iii. Schedule for conducting the remedial work. Once approved, the WMRP will be

implemented according to the approved schedule. j. If, after the monitoring period end and the wetland mitigation is still not meeting the established

performance standards, the Certificate Holder must continue annual monitoring and corrective actions until the mitigation areas meet the established success criteria or submits an alternative plan.

3.17 INVASIVE SPECIES MANAGEMENT PLAN 1. The SEEP shall attach a Final ISMP, based on the pre- construction invasive species survey of invasive

species conducted within the Facility Area during the previous growing season. The ISMP shall include: a. measures that will be implemented to minimize the introduction of invasive species (prohibited

species pursuant to 6 NYCRR Part 575) and control the spread of existing invasive species of special concern during construction (e.g., as a result of soil disturbance, vegetation clearing, transportation of materials and equipment, and landscaping/re-vegetation).

b. Control measures may include, but are not limited to construction materials inspection and sanitation, invasive species treatment and removal (mechanical and chemical), and site restoration, and

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c. post-construction monitoring shall be conducted in years 1, 3, and 5 following completion of construction and restoration, and reports submitted to agencies. The monitoring program shall collect information to facilitate evaluation of ISMP effectiveness and inform potential remedial action.

3.18 SOUND 1. A statement that the Certificate Holder will comply with the following conditions regarding construction

noise: a. Comply with all local laws regulating construction noise; b. Maintain functioning mufflers on all transportation and construction machinery; c. Respond to noise and vibration complaints according to the protocols established in the Noise

Complaint Resolution Protocol. 2. Specify procedures to be followed to minimize noise impacts related to Facility site clearing and construction

of the Facility. Indicate the types of major equipment to be used in construction and Facility operation; sound levels at which that equipment operates; days of the week and hours of the day during which that equipment will normally be operated; any exceptions to these schedules; and any measures to be taken to reduce audible noise levels caused by either construction equipment or Facility operation.

3. For noise sources, other than the substation transformer(s) (e.g. inverters, Medium to Low Voltage transformers) and for non-participating receptors exceeding a sound level of 40 dBA Leq5 as modeled above, a prominent tone analysis will be presented subject to the following requirements:

a. The “prominent discrete tone” constant level differences (Kt) in ANSI S12.9-2013/Part 3 Annex B, section B.1, will be used as follows: 15 dB in low-frequency one-third-octave bands (from 25 up to 125 Hz); 8 dB in middle-frequency one-third-octave bands (from 160 up to 400 Hz); and, 5 dB in high-frequency one-third-octave bands (from 500 up to 10,000 Hz).

b. The analysis will use one-third octave band information from the manufacturers (from 20 Hz. up to 10,000 Hz, if available). If no manufacturers’ information is available, sound information can be based on field test(s). The field test(s) will report at a minimum sound pressure and sound power levels and clear explanations about how the test was conducted and Sound Power Levels were obtained. The analysis will be performed for a single noise source (e.g. central inverter) or a group of noise sources (e.g. a single inverters/transformer package), depending on available sound power level information.

c. For the purposes of tonality assessment, calculations will include the following Attenuations as specified in ANSI/ASA S12.62 / ISO 9613-2: 1996 (MOD). Acoustics – Attenuation of Sound During Propagation Outdoors-Part 2: General Method of Calculation:

i. Attenuation due to geometrical divergence (Adiv)6; ii. atmospheric absorption for a temperature of 10 degrees Celsius and 70% Relative

Humidity (Aatm)7; iii. Attenuation to the ground effect (Agr)8;

5 If the prominent tone analysis does not identify any prominent discrete tones, the effective limit is 45 dBA. 6 Adiv can be assumed to be the same at all 1/3 octave bands and/or be omitted from analysis. 7 The same full-octave band atmospheric attenuation coefficients indicated in Table 2 of ANSI S12.62, can be used for the three adjacent one-third octave bands corresponding to each full-octave band. 8 The same full-octave band attenuations as indicated in Table 3 of ANSI S12.62, can be used for the three adjacent one-third octave bands corresponding to each full-octave band.

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iv. Attenuation due to a barrier (Abar) if any 9 10; and v. No miscellaneous attenuations (Amisc) will be included.

d. If no manufacturers information or pre-construction field tests are available, sounds will be assumed to be tonal and the broadband overall (dBA) noise level at the evaluated position as determined with computer noise modeling shall be increased by 5 dBA for evaluation of compliance with sub-condition 70 (b) (ii).

3.19 OPERATIONS SCHEDULE AND TIMING This section of the SEEP should include a discussion of Pre-Operational and Post- Operational Filings and Expected Timing of Submissions. The Facility O&M Plan will include, at a minimum, a flowchart of proper communications and proper protocol for communications among parties, as relevant to the O&M of the Facility.

9 Calculations will use the maximum height of the equipment as the height of the noise source. 10 Should the analysis show that a barrier will be needed, the barrier will be implemented before the start date of operations.

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APPENDIX A. TRENCH BREAKER SPACING

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HECATE GREENE Noise Complaint Resolution Protocol

Date: December 16, 2020

1. COMPLAINT RESOLUTION PROTOCOL FOR CONSTRUCTION AND OPERATIONAL NOISE FROM SOLAR FACILITIES

This Noise Complaint Resolution Protocol has been prepared to establish the procedures by which the Certificate Holder will address public complaints during the construction and the operation of the Project. All activities will adhere to the requirements of appropriate governing authorities, and will be in accordance with all applicable federal, state and local rules, regulations, Orders and agreements.

2. PROCEDURE FOR FILING COMPLAINTS

a. Complaints can be made by following any of the following procedures.

i. Call the Certificate Holder at its headquarters ( Telephone Number ), or its representatives (e.g. Construction Manager during construction, or the Site Manager once the Project is operational),

ii. Meet with Certificate Holder employees in person at the temporary construction office or at a location near the Project once the Project is operational,

iii. Submit a complaint in writing by mailing a detailed complaint, or

iv. Submit a complaint in writing by emailing a detailed complaint to the Certificate Holder or its representatives ( email address ) (e.g. Construction Manager during construction or the Site Manager once the Project is operational),

v. Refer to Appendix D for contact information.

b. The complaint should be as detailed as possible and include the information (available online at both the Project website and the Town website) indicated in Appendix C, entitled “Complaint Form”. The form can be used to submit a complaint by mail. These forms will also be available at the temporary construction office during construction.

c. The Certificate Holder encourages complainants to submit complaints directly to the Certificate Holder or its representatives in order to be able to address such complaints in a timely manner according to this protocol. Complaints submitted to other third parties may not be communicated to the Certificate Holder and therefore may not get addressed in a timely manner.

d. In circumstances whereby a third party receives a complaint about the Project, the Certificate Holder requests that the third party refers the complainant to the Complaint Resolution Protocol on the Certificate Holder’s website and, if possible, forward the complaint to the Certificate Holder within seven (7) business days of receipt. The Certificate Holder will communicate the receipt of complaints to emergency service providers, NY State agencies, the Town of Coxsackie, and other third parties that should be notified of complaints about the Project.

3. RESOLUTION OF COMPLAINTS

a. The Certificate Holder will work in good faith to address and/or resolve reasonable complaints as soon as is practicable, however, some complaints may take more time than others in order to evaluate and determine proper resolution, and some complaints may not reasonably be resolved. If a complaint cannot be reasonably resolved, the Certificate Holder will advise the complainant in writing as to why and share said response with emergency service providers, NY State agencies, the Town of Coxsackie, and other third parties that should be notified of complaints about the Project. Please also refer to Certificate Conditions of the Order for other specific requirements.

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b. The Certificate Holder will contact the complainant as quickly as possible and in all cases within 3 days to confirm that the complaint was received and within 7 days of receipt to gather additional information and/or discuss a resolution plan.

c. The Certificate Holder will resolve complaints within the time frames specified in the Certificate Order, if any. Otherwise the Certificate Holder will work in good faith to address and/or resolve complaints as soon as is reasonably practicable and commits to resolving complaints within 60 days, unless circumstances dictate that more time is necessary for evaluation or resolution and the Applicant is working toward a resolution. In instances where resolution will take longer than 60 days, the Applicant will contact the complainant within 20 days of receipt of the complaint to explain why resolution will take, or is taking, longer and will provide a timeframe for resolution. The complainant may contact the Certificate Holder to obtain status updates concerning the response to the complaint.

4. DISPUTE RESOLUTION AND UNRESOLVED COMPLAINTS

a. In some instances, the Certificate Holder and a complainant (the parties) may not agree on a resolution to a complaint. In such instances, the Certificate Holder will consult New York State Department of Public Service (DPS) and notify the Town of Coxsackie. If necessary, the complaint will be referred as specified by applicable regulations.

b. In other instances, the Certificate Holder may determine that a complaint does not have a reasonable resolution. For such complaints (for example a complaint about the value of solar energy), the Certificate Holder will add the complaint to the complaint log and notify the complainant that no resolution is feasible unless a different procedure is required by the Certificate Order or applicable regulations.

5. DOCUMENTATION OF COMPLAINTS

a. During construction and operation of the Project, the Certificate Holder will keep a complaint log, recording complaints that it receives. The complaint log will include, at a minimum, the information required by the Certificate Order. A sample complaint log form is included as Appendix E.

b. At a minimum, the log will contain the name(s) and contact information of the person(s) 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, if available.

c. The complaint log will be maintained by the Certificate Holder and will be made available to DPS and the Town of Coxsackie, the Village of Coxsackie and the Village of Athens upon request.

6. PUBLIC NOTIFICATION OF COMPLAINT PROCESS

a. In addition to any other requirements of Certificate Conditions 21 and 22, and no less than two (2) weeks prior to the commencement of construction, the Certificate Holder will publish a summary of the Noise Complaint Resolution Protocol in such newspapers, including local community and general circulation newspapers, including the newspaper of record for the Town of Coxsackie, as will serve substantially to inform the public of such Complaint Resolution Protocol. The summary will include contact information of the Certificate Holder including phone numbers, email and physical addresses.

b. The Protocol will be provided to the Town Supervisor and Town Boards where the Project is sited.

c. The Protocol will also be posted on the Certificate Holder’s website and will be available to the public at the Certificate Holder’s temporary construction offices.

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7. NOISE COMPLAINT AND RESOLUTION PROTOCOL

This Protocol is in effect upon commencement of construction and will be in effect for the life of the project.

a. Complaint Response – Construction

i. At a minimum, complaints from construction will be addressed as specified in the Certificate Order.

ii. If the Sound Complaint location is more than one (1) mile1 from active construction activity, the complaint will be logged but no action will be taken.

iii. If the Sound Complaint location is one (1) mile1 or less from active construction activity, the following steps will be taken:

1. A representative from the construction firm will visit the site of the complaint during construction activity to investigate.

2. The Certificate Holder will determine whether the Certificate Conditions of the Order on construction noise are met and if not, correction(s) will be taken, or

3. Construction personnel in consultation with the EM will determine if any equipment is not functioning properly and thus creating unusual sound. If so, this equipment will be repaired or replaced as soon as practical.

b. Complaint Response - Operation

If the Sound Complaint is originated in a residence within half mile of the facility, and based on final computer noise modeling or any preliminary monitoring, there appears to be a reasonable possibility that the sound levels induced by the Project exceed or are within 5 dBA of any applicable noise limit or design criteria specified in a Certificate Condition of the Order, then the Certificate Holder will investigate the incident as follows:

i. The Applicant is not required to conduct sound testing if:

1. the modeled sound levels are lower than 5 dBA below any applicable noise limit.

2. the complaint has occurred as a result of abnormal operation. In this case, the Certificate Holder shall make necessary repairs.

ii. The Certificate Holder shall conduct sound monitoring if:

1. The complaint location is further than 0.5 miles from any previously evaluated monitoring locations, or

2. The location is closer than 0.5 miles of a previously evaluated monitoring location but the final computer noise modeled levels or the results of any preliminary measurements of sound levels are higher or expected to be higher than the positions previously evaluated, or

3. There is a reasonable possibility that mechanical or operational conditions have changed that affect noise source (e.g. Inverter/Medium to Low Voltage Transformer or substation equipment) sound levels, or,

4. The issue is different than the one previously evaluated, or

5. The last monitoring was conducted more than three years ago.

iii. The Certificate Holder will not, as a result of additional complaints, repeat sound monitoring in a previously evaluated location during any three-year period following the first monitoring for that receptor, unless changes in system operation or maintenance can be reasonably assumed to have resulted in higher sound levels.

iv. The Certificate Holder may request that a Complainant maintain a written log of potentially offending sound events over some reasonable period of time, in order to assist in identifying influences that may affect the sound from the Facility.

1 Two(2)miles for complaints from blasting noise.

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v. If Certificate Conditions of the Order or any preliminary investigation suggests that sound monitoring is warranted, the Certificate Holder shall conduct such sound monitoring through an independent third party capable of producing verifiable results.

vi. The Certificate Holder shall inform a resident when it intends to conduct any exterior sound monitoring and cooperate with the resident to determine an appropriate location for the monitoring equipment.

vii. If, as the result of an investigation of a complaint, it is determined that the sound level at any residence, attributable to the Project, does not comply with any Certificate Condition or design goal of the Order, the Certificate Holder will evaluate and implement practical measures to reduce sound levels at the receptor and/or mitigate the issue by other measures.

viii. Complaints associated with the operation of motors/tracking systems, if any, will be addressed by implementing operational mitigation strategies (e.g. staggering), or physical mitigation measures (e.g., lubrication, replacement of noisy components), as feasible and appropriate.

8. REPORTING

a. For any complaint-based monitoring conducted by the Certificate Holder, the results of the testing shall be submitted in a report as specified in the Certificate Order and in this Complaint Resolution Protocol.

b. Copies of the report will be delivered to the complainant, NYS DPS, and, to the Town of Coxsackie.

c. The report shall include at a minimum the following information collected during the monitoring period:

i. Ground-level wind speed and direction during monitoring (1.5 meters above the ground),

ii. Operational status of the noise sources or substation components, as applicable,

iii. Summary of sound levels,

iv. Raw sound level data as logged by the sound level meter during the program

v. Conclusions.

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APPENDIX C: COMPLAINT FILING FORM (for public)

Date of filing:

Name of Property Owner:

Name of the Complainant:

Address:

Phone #:

Email Address:

Date and time of the day underlying the event:

Location(s) of the property where the issue is/was noticed:

Duration of the issue:

Description of Complaint:*

*If possible, include weather conditions and any other details that can help identifying the issue.

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APPENDIX D: CERTIFICATE HOLDER’S CONTACT INFORMATION

(Include the information here)

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APPENDIX E: COMPLAINT LOGGING FORM (for Operator)