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    Riverside Solar Project

    Solar Panels in snow - Beals Rd NY Riverside Solar

                                       Project description             Project impacts            94-c permitting process            Project resources            Contact us

    *Extended Public Comment Period: November 28, 2022, 5:00 PM*

    Following the rescheduled November 22, 2022, public comment hearing for Riverside Solar, the time period to receive written public comments in the Riverside Solar proceeding has been extended until 5:00 PM on Monday, November 28, 2022.

    Please reference this Combined Notice (initially published on September 12, 2022) for instructions on how to submit written comments by mail, email, and through the DPS DMM (Document Matter Master) system. 

    All Riverside Solar application materials can be found on the DMM under DMM Matter Number 21-00752 and are available in the 'Project resources' section below.

    Please reach out to AES at 866-757-7697 or riversidesolar@aes.com with any questions.

    Project description

    The Riverside Solar project is a 100 megawatt (MW) solar photovoltaic electric generating facility proposed to be located in the towns of Lyme and Brownville in Jefferson County, New York. The project will span approximately 1,000 acres and plans to connect on National Grid's Lyme Tap off of the Thousand Island - Coffeen 115kv line. The project is anticipated to positively impact both the environment and the local economy by reducing carbon dioxide emissions by an estimated 133,000 metric tons each year – the equivalent of powering approximately 24,000 homes' electricity use per year. Additionally, the project will contribute to the local economy by producing significant tax revenue and other economic benefits for the area. 

     

    Riverside project layout map
    Panels

    Riverside Solar project overview

    Planned capacity

    Construction jobs

    C02 emissions reduction*

    100 MW

    150+

    133,000 metric tons

    *Approximate annual carbon dioxide emissions reduced

    Project information is approximate and subject to change

    Project impacts

    The Riverside Solar project will support New York State’s climate goals and will have minimal impact on neighboring landowners, nearby communities, and surrounding landscapes. The Facility has been designed to minimize impacts to the maximum extent practicable and unavoidable impacts will be outweighed by the economic and environmental benefits of the Facility.

    Specifically, stakeholders within the region will receive economic benefits from the Facility through construction, operation, and maintenance jobs, as well as expenditures for supplies and materials, lease payments to participating landowners, and tax payments to local communities.  In addition, the Facility will promote public health and welfare by offering a sustainable alternative to generating electricity by non-renewable methods to meet New York State’s energy requirements. The Facility will contribute to a reduction in the amount of fossil fuel consumed and a corresponding reduction of global carbon emissions, which may result in a reduced rise in global ambient air temperature. This reduction in GHG emissions will contribute to improved environmental health overall. The Facility plays a crucial role for the community and the entire state of New York, as it will help meet New York State’s energy goal outlined in the 2015 SEP and 2020 Amendment to the 2015 plan: achieving 70% of electricity generated by renewable energy in New York by 2030. Lowering these emissions also improves air quality, which is beneficial to respiratory and public health.

    The Applicant has conducted various surveys and studies throughout the 94-c process and the previous Article 10 process to assess potential environmental and community impacts, as well as aesthetic and visual impacts to the area surrounding the Facility Site. The Facility will not produce emissions of air or water pollution, no odors, and minimal noise; and will have a  low profile relative to other types of development. Additionally, the Applicant intends to minimize impacts to community character through strategically placing vegetative screening, maximizing setbacks from residential uses, and avoiding sensitive resources. Impacts related to the construction and operation of the Facility are limited to:

    • Temporary and minor permanent impacts to agricultural land (pasture and row crops), forested land, and successional shrubland. Areas that are temporarily impacted will be restored to their original condition following the completion of construction.

    • Tree clearing has been limited to 82 acres of the 1,168-acre Facility Site. Fragmentation of forested habitat will be limited. The Facility has been sited to avoid existing hedgerows and vegetative barriers where possible.

    • USACE-jurisdictional wetland impacts are limited to 0.033 acre (1,437 square feet) and therefore, no compensatory federal mitigation is required. The Applicant will work with the Office of Renewable Energy Siting (ORES) regarding mitigation to NYS-jurisdictional wetlands for unavoidable impacts of 0.026 acres.

    • There are no impacts to NYS-regulated waterbodies as part of the construction and operation of Facility, and only minor impacts related to tree clearing within 50 feet of Horse Creek (a State-navigable water).

    • The Applicant has developed a net conservation benefit plan (NCBP) for the short-eared owl, northern harrier, and Henslow’s sparrow involving Applicant-implemented grassland bird habitat conservation.

    • Traffic-related impacts associated with the Facility will be minor during construction. Once operational, the Facility is not anticipated to impact traffic through the Towns of Lyme and Brownville.

    • Noise and vibrational modeling have been conducted to confirm that impacts resulting from the construction and operation of the Facility will not exceed the design goals listed within the regulations of Section 94-c of the New York State Executive Law.

    • ​​​​There is minimal expected visibility of the Facility within the two-mile visual study area. In accordance with USC §900-6.4 (l), the Applicant will implement the Visual Impacts Minimization and Mitigation Plan, including visual contrast minimization and mitigation measures, a lighting plan, and screen planting plans.

     

    94-c permitting process
    Overview

    The Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”) was passed in April 2020 as part of the final state budget. The Act added a new section 94-c to the Executive Law, titled Major Renewable Energy Development ("Section 94-c”, "94-c", or "the 94-c permitting process"), which established a review process with uniform permit standards for New York State renewable energy projects in place of the procedures set forth in Article 10 of the Public Service Law (“Article 10").

    Section 94-c established the Office of Renewable Energy Siting (ORES) within the NYS Department of State to provide a single forum for the environmental review and permitting of proposed major renewable energy facilities. This includes renewable energy systems with a nameplate generating capacity of 25 MW or more, co-located energy storage systems, and electric transmission facilities less than 10 miles in length. The final Section 94-c regulations were issued on March 3, 2021 and can be viewed here.

    Article 10 applications that had already received a completeness determination are deemed complete under the new 94-c process, while projects currently undergoing the Article 10 siting process can choose to either remain in Article 10 or opt-in to 94-c. The 94-c regulations issued by ORES include an expedited permitting process to account for matters and issues already presented and resolved in the alternate Article 10 proceedings.

    Prior to submitting a 94-c permit application, Applicants are required to consult with the local agencies and stakeholders of the community(ies) in which the proposed project will be located. ORES also requires that state agencies (e.g. NY DEC) are consulted on wetland and stream delineations, threatened and endangered species, and archeological and cultural resources, if appropriate. Agency consultations should take place at the earliest point possible in the Applicant’s process. Following consultations with impacted agencies, 94-c Applicants must hold at least one meeting for community members. The Riverside Solar Virtual Community Meeting was held on March 2, 2021.

    Outside of the 94-c public comment period and requirements, Riverside Solar is committed to ongoing stakeholder and community engagement; including maintaining the “Public Involvement Program (PIP) Plan” log, even though it is not a 94-c requirement.

     From the date of its receipt of a permit application, ORES has 60 days to make a completeness determination. After a completeness determination, draft permit conditions will be issued by ORES for public comment. Within the comment period, the host municipalities must submit a statement indicating whether the proposed renewable energy facility complies with applicable local laws. ORES must issue a final decision on the siting permit within one year of the date on which the application is deemed complete. See below for a full diagram of the 94-c process, from pre-application activities through the start of construction.

     

    This is a diagram of the 94-c process

     

    Riverside Solar permitting milestones
    • On September 12, 2022, ORES issued a Draft Permit for the Riverside Solar Project. A public comment hearing will be held on November 17, 2022 for members of the public to give comments on the project application and draft permit. Details on the public comment period and public comment hearing, and the commencement of the issues determination procedure, can be found in this Combined Notice.

    • On July 14, 2022, Riverside Solar received a Notice of Complete Application from ORES. 

    • On May 26, 2022, Riverside Solar filed its Second Supplement Response to the 94-c permit application, in response to the second Notice of Incomplete Application. 

    • On April 25, 2022, Riverside Solar received a second Notice of Incomplete Application (NOIA) from ORES.

    • On February 23, 2022, Riverside Solar filed its Supplement to the 94-c permit application in response to the Notice of Incomplete Application. Application materials can be found on the DMM and are also available in the 'Project resources' section below.

    • On December 17, 2021, Riverside Solar received a Notice of Incomplete Application from ORES. 

    • On October 18, 2021, Riverside Solar, LLC filed its 94-c permit application with ORES. The Notice of Application Filing and Availability of Local Agency Account Funding reflects this project milestone. All permit application materials can be found on the New York State Department of Public Service’s Document Matter Manager (DMM) system, under DMM Matter Number 21-00752, and are also available below in the section titled 'Riverside Solar 94-c Application'.

    • On February 17, 2021, Riverside Solar filed a letter with the Secretary to the NYS Public Service Commission (PSC) noticing its election to be subject to Executive Law Section 94-c and stating its intent to file a Transfer Application with the Office of Renewable Energy Siting (ORES). The Riverside Solar materials filed under the Article 10 process can be found here, as Article 10 DMM Matter Number 19-02982.

    How to receive notices

    Join the Riverside Solar master stakeholder list

    Joining the Master Stakeholder List maintained by AES enables you to receive mailings of the 94-c required notices. You can join this list by filling out the 'Stay Updated' webform at the bottom of this page, by calling 866-757-7697, or by emailing riversidesolar@aes.com.

     

    Subscribe to the service list

    If you would like to monitor the proceedings of the Riverside Solar 94-c application, you can do so without the formal commitment of becoming a party in the proceeding. By subscribing to the service list of a case (Riverside Solar: Matter Number 21-00752), you will receive an e-mail with a direct link to the documents issued by the Public Service Commission PSC), such as orders, notices, and rulings. If you are unable or unwilling to receive electronic notification, you will receive hard copies of Commission-issued documents by regular mail.

    If you are a registered user of the NYS Public Service Commission's Document and Matter Management (DMM) System, you may submit your service list subscription by clicking here. Registration saves time and allows you to see and manage all of your service and party list subscriptions.

    If you do not wish to register on the PSC's DMM System, you can download the Request for Service List form here. Please follow the instructions on the form.

     

    Request party status

    Generally, parties commit to contribute to the development of a complete record in a proceeding by conducting discovery, submitting testimony, briefs, or other formal written comments, and/or participating in evidentiary hearings, procedural conferences and other formal events conducted in the case. (Non-parties participate in PSC proceedings by filing informal comments, such as letters, in contrast to the formal comments filed by parties in response to Commission notices.)

    For some PSC proceedings, including rate cases, a person need not be a party to petition for rehearing of the Commission's final decision; however, in some other proceedings, only those who were parties in the case may petition for rehearing. The right to challenge a PSC decision in New York State Court may also be limited to those who were parties to the PSC proceeding.

    Under Commission rules, 16 NYCRR 4.3, you must seek permission to intervene as a party from the Administrative Law Judge (ALJ), if one is assigned to the case, or from the Secretary if there is no ALJ assigned. The standard for allowing intervention is whether your participation is likely to contribute to the development of a complete record or is otherwise fair and in the public interest; whether other parties are unfairly prejudiced is also considered.

    If you are a registered user of the NYS Public Service Commission's Document and Matter Management (DMM) System, you may submit your request for party status by clicking here. Registration saves time and allows you to see and manage all of your service and party list subscriptions.

    If you do not wish to register on the PSC's DMM System, you can download the Request for Party Status form here. Please follow the instructions on the form.

    When you submit the request for party status here, you will be provisionally added to the party list, subject to the right of other parties to object and subject to the final determination of the ALJ or Secretary. You will be required to mail your request to anyone on the party list who cannot receive e-mail service.

    Availability of local agency account funds

    Intervenor funding is money that Applicants make available to qualified, locally affected parties and municipalities to offset certain expenses they incur in participating in the state permitting process. These funds are meant to encourage early and effective public involvement in project development and permitting.

    With the filing of its 94-c application on October 18, 2021, Riverside Solar, LLC submitted the required local agency account fee of $100,000. These funds can be sought by local community intervenors and host towns. 75% of funds are reserved for municipalities.

    Any local agency or potential community intervenor seeking funding must submit a request for initial funding within 30 days of the date of application filing. The deadline for requesting local agency account funds was 4:30 p.m. EST, November 17, 2021.

    Requests for local agency account funds can be made via:

    The ORES Request For Local Agency Account Funding form available in the Resources section of the ORES website

    Or by email to:

    general@ores.ny.gov 

    Or by mail to: 

    Attention: Request for Local Agency Account Funding
    Office of Renewable Energy Siting
    Empire State Plaza
    240 State Street
    P-1 South, J Dock 
    Albany, NY 12242

    Further details regarding requests for local agency account funding can be found in the Notice of Application Filing and Availability of Local Agency Account Funding.

    If you have questions regarding the intervenor process, please contact the ORES office.

    Riverside Solar document repositories

    In addition to being viewable on this project website (see 'Riverside Solar 94-c Application', below) and the project Document Matter Master on the DPS website, the Riverside Solar permit application is available for viewing in print at the following locations, during regular operating hours:

    • Town of Brownville Town Hall: 16431 Star School House Road, Dexter, NY 13634

    • Dexter Free Library: 120 E. Kirby Street, Dexter, NY 13634

    • Town of Lyme Town Hall: 12175 NYS Route 12E, Chaumont, NY 13622

    • Lyme Free Library: 12165 Main Street, Chaumont, NY 13622

    Accessing resources via the ORES website

    To learn more about the 94-c permitting process, please visit the Office of Renewable Energy Siting website at https://ores.ny.gov/.

    Contact ORES

    To submit any questions or comments regarding the 94-c permitting process, reach out to ORES by phone, email, written letter, or via this contact form on the ORES website (https://ores.ny.gov/)

    • (518) 473-4590

    • general@ores.ny.gov

    • Mailing Information (letters and envelopes):

    Office of Renewable Energy Siting (ORES)
    c/o: OGS Mailroom
    Empire State Plaza
    240 State Street
    P-1 South, J Dock
    Albany, N.Y. 12242

    Project resources

    Combined Notice of Availability of Draft Permit Conditions, Public Comment Period and Public Comment Hearing, and Commencement of Issues Determination Procedure

    September 12, 2022

    Riverside Solar Draft Permit

    September 12, 2022

    Riverside Solar 94-c Application
    Cover Letter & Table of Contents
    Exhibits
    Figures
    Appendices

    Appendix 1-1. Certificate of Formation

    Appendix 1-2. Riverside Solar, LLC New York State Entity Status

    Appendix 2-1. Jinko Solar Tiger Pro Bifacial Module Specification Sheet

    Appendix 2-2. Array Technologies DuraTrack® HZ v3 Tracking System Specification Sheet

    Appendix 2-3. Virtual Community Meeting PowerPoint

    Appendix 2-4. Virtual Community Meeting Questions and Answers

    Appendix 2-5. PIP Plan Meeting Log

    Appendix 3-1. Town of Lyme Comprehensive Land Use Plan (2010) 

    Appendix 3-2. Town of Brownville Comprehensive Plan (1989) 

    Appendix 4-1. Survey of Properties Leased by Applicant 

    Appendix 4-2. Demonstration of Title or Lease in Facility Site 

    Appendix 5-1. Issued for Permit Design Drawings 

    Appendix 5-2. Sungrow Inverter Specification Sheet 

    Appendix 5-3. Main Power Transformer Specification Sheet 

    Appendix 6-1. Safety Response Plan 

    Appendix 6-2. Site Security Plan 

    Appendix 6-3. Agency Correspondence 

    Appendix 7-1. List of Modeled Sound Sources 

    Appendix 7-2. List of Sound Receptors 

    Appendix 7-3. Ambient Pre-Construction Sound Level Measurement Program 

    Appendix 7-4. Project Modeled Sound Levels - Leq (8-hour) 

    Appendix 7-5. Collector Substation Modeled Sound Levels - Leq (1 hour) 

    Appendix 7-6. Collector Substation Layout 

    Appendix 7-7. Manufacturer Sound Level Data Sheets 

    Appendix 7-8. Cumulative Analysis 

    Appendix 7-9. Glossary of Terms 

    Appendix 8-1. Visual Impact Assessment  

    Appendix 8-2. Glint and Glare Analysis 

    Appendix 9-1. Phase IA Archaeological Survey and Sensitivity Assessment 

    Appendix 9-2. New York State Office of Parks, Recreation and Historic Preservation Project-Related Communication 

    Appendix 9-3. Historic Architectural Resources Survey and Effects Report 

    Appendix 9-4. Phase IB Archaeological Report 

    Appendix 10-1. Geotechnical Report 

    Appendix 10-2. Preliminary Karst Field Reconnaissance 

    Appendix 10-3. Karst Mitigation Plan 

    Appendix 11-1. U.S. Fish and Wildlife Service IPaC Consultation 

    Appendix 11-2. Invasive Species Management and Control Plan

    Appendix 12-1. Wildlife Site Characterization Report 

    Appendix 12-2. Grassland Breeding Bird Survey Report 

    Appendix 12-3. State-listed Wintering Grassland Raptor Survey Report 

    Appendix 12-4. Determination of Occupied Habitat, Incidental Take and Net Conservation 
    Benefit
     

    Appendix 12-5. Net Conservation Benefit Plan 

    Appendix 12-6. Occupied Habitat and Estimated Take Response 

    Appendix 13-1. FOIL Request 

    Appendix 13-2. Private Water Well Survey 

    Appendix 13-3. Stormwater Pollution Prevention Plan 

    Appendix 14-1. Wetland and Stream Delineation Report 

    Appendix 14-2. Riverside Functions and Values Assessment 

    Appendix 14-3. ORES Draft Surface Waters and Wetlands Jurisdictional Determination 

    Appendix 15-1. Real Property Agricultural Assessment Records 

    Appendix 15-2. Agricultural Viability Landowner Survey 

    Appendix 15-3. Agricultural Plan 

    Appendix 15-4. Drainage Remediation Plan 

    Appendix 16-1. AASHTO Tables and Sight Distance Diagram 

    Appendix 16-2. NYSDOT Average Annual Daily Traffic (AADT) Volumes 

    Appendix 16-3. Accident Summary Data 2018-2020 

    Appendix 16-4. School Bus Routes and Transit Routes 

    Appendix 16-5. Emergency Access Routes 

    Appendix 16-6. Posted Bridge and Culvert Data 

    Appendix 16-7. Construction Access Routes 

    Appendix 16-8. Highway Capacity Software (HCS) Level of Service Output 

    Appendix 16-9. Truck Turning Templates 

    Appendix 20-1. Proposed Riverside Solar Collection Substation 

    Appendix 20-2. Proposed Riverside Solar Point of Interconnection 

    Appendix 21-1. Systems Reliability Impact Study 

    Appendix 21-2. Riverside Solar Energy Facility 115 kV Transmission & 34.5 kV Collection Design Criteria Document 

    Appendix 22-1. EMF Report 

    Appendix 23-1. Decommissioning and Restoration Plan 

    Appendix 24-1. Town of Lyme Zoning Ordinance and Town of Brownville Zoning Law

    Appendix 24-2. Towns of Lyme and Brownville Solar Energy-Related Laws

    Appendix 24-3. Town of Lyme Flood Damage Prevention Law 

    Appendix 25-1. U.S. Army Corps of Engineers Project-Related Correspondence 

    Riverside Solar Supplement Response to NOIA
    Supplement Response

    On February 23, 2022, Riverside Solar filed its 94-c permit application Supplement in response to the Notice of Incomplete Application (NOIA) issued by ORES on December 17, 2021. The Supplement response and attachments (A-AJ) are included below. 

    Riverside Solar Supplement to 94-c Application

    Attachments

    Attachment A. Revised Exhibit 2. Public Involvement

    Attachment B. Appendix 2-6. Local Agency Meeting PowerPoint

    Attachment C. Appendix 2-7. Affidavits for Community Meeting Notification

    Attachment D. Revised Figure 3-1. Topographic Maps of Facility Site

    Attachment E. Revised Figure 3-3. Current Land Use and Major Utility Infrastructure in the Study Area

    Attachment F. Revised VIA

    Attachment G. Revised Sheet PV-C.12.03

    Attachment H. Revised Appendix 6-1. Safety Response Plan

    Attachment I. Exhibit 7 Attachment 1

    Attachment J. Exhibit 7 Attachment 2

    Attachment K. Revised Exhibit 8. Visual Impacts

    Attachment L: Revised Lighting Plan

    Attachment M. Appendix 5-2. Lighting Plan Manufacturer’s Cut Sheets

    Attachment N. Revised Appendix 9-2. OPRHP Project-Related Communication

    Attachment O. Revised Exhibit 9. Cultural Resources

    Attachment P. Revised Exhibit 11. Terrestrial Ecology

    Attachment Q. Revised Figure 11-1. Land Cover on Facility Site

    Attachment R. Table B. Species Potentially Occurring within the Riverside Solar Project Study Area

    Attachment S. Revised Appendix 12-5. Net Conservation Benefit Plan

    Attachment T. Revised Figure 13-3. Delineated Surface Waters

    Attachment U. Updated Design Drawings

    Attachment V. Revised Exhibit 13. Water Resources and Aquatic Ecology

    Attachment W. Revised Figure 14-1. Delineated Wetlands

    Attachment X. Revised Exhibit 14. Wetlands

    Attachment Y. Wetland Restoration and Mitigation Plan

    Attachment Z. Revised Exhibit 15. Agricultural Resources

    Attachment AA. Revised Figure 15-2a. Location of Drainage Features within the Study Area and Figure 15-2b. Facility Site Drainage

    Attachment AB. Revised Exhibit 16. Effect on Transportation

    Attachment AC. Revised Exhibit 17. Consistency with Energy Planning Objectives

    Attachment AD. Revised Exhibit 18. Socioeconomic Effects

    Attachment AE. Revised Exhibit 19. Environmental Justice

    Attachment AF. Revised Figure 19-1. Potential Environmental Justice Areas

    Attachment AG. Revised Appendix 23-1. Decommissioning and Restoration Plan

    Attachment AH. Revised Exhibit 24. Local Laws and Ordinances

    Attachment AI. Revised Exhibit 25. Other Permits and Approvals

    Attachment AJ. USACE Preliminary Jurisdictional Determination (PJD)

    Riverside Solar 2nd Supplement Response to NOIA
    Supplement Response

    On May 26, 2022, Riverside Solar filed its second 94-c permit application Supplement in response to the second Notice of Incomplete Application (NOIA) issued by ORES on April 25, 2022. The Second Supplement Response and attachments (A-D) are included below.

    Riverside Solar Second Supplement Response to 94-c Application

    Notice of Complete Application 

    July 14, 2022

    Second notice of incomplete application

    April 25, 2022

    Notice of incomplete application

    December 17, 2021

    Notice of application filing and availability of local agency account funding

    October 18, 2021

    Solar panels + workers

    March 2021 virtual community meeting

    Watch the recording→

    View the slide deck →

    View the Q&A →

     

    Riverside DMM Screenshot

    94-c application filings (Matter Master: 21-00752) 

     

    Riverside 3-day notice of filing a 94-c permit application 

    October 2021

    Updated Riverside Public Involvement Program (PIP) Plan 

    July 2021

    Contact us

    We want to hear from you! For any inquiries or comments about Riverside Solar, please contact us directly at:

    • Project email: riversidesolar@aes.com

    • Project phone number: 866-757-7697 (866-SLRPOWR)

    • Office address:
      292 Madison Avenue
      15th Floor
      New York, NY 10017

     

    New York office hours

    Have a question or comment for AES about our work in your community? Give us a call during these hours to talk to a company representative. If you call outside of these hours, we will return your call as soon as possible.

    • Every Monday 11:00 AM-1:00 PM ET
    • Every Thursday 4:00 PM-6:00 PM ET
    • Call our New York team at 866-757-7697 (866-SLRPOWR)

    Stay updated

    If you would like to be designated as a Project Stakeholder and added to the Project's Master Stakeholder List, please fill out the following form. Individuals and groups on this list receive mailed copies of the regulatory project notices required by 94-c. 

    Name
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