Appendix 22-8: Agency Correspondence - North Side Energy

Andrea Chaloux, Environmental Review Specialist New York Natural Heritage Program – Information Services New York State Department of Environmental Conservation 625 Broadway, 5th Floor Albany, NY 12233-4757 Sent online via [email protected]
Re: North Side Energy Center, LLC North Side Energy Center Project Towns of Massena, Brasher, and Norfolk. St. Lawrence County, New York Project Review Request
Dear Ms. Chaloux: North Side Energy Center, LLC proposes to construct a solar energy center in the Towns of Massena, Brasher, and Norfolk in St. Lawrence County, New York (see the enclosed map, Figure 1). North Side Energy Center, LLC plans to submit an application to the NYS Board on Electric Generation Siting and the Environment in pursuit of a Certificate of Environmental Compatibility and Public Need to construct the North Side Energy Center (the Project) under Article 10 of the Public Service Law (PSL). This request is being made in order to help prepare the Article 10 Application. The proposed Project will have a generating capacity of 180 megawatts (MWs) of power located on land leased from owners of private property. Proposed components include commercial-scale solar arrays, inverters, access roads, fencing, buried (and possibly overhead) electric collection lines, laydown/staging areas, a Project collection substation, and electrical interconnection facilities. North Side Energy Center anticipates the interconnection facilities will include a 230-kV switchyard which will be transferred to the New York State Power Authority (NYPA) to own and operate. The final solar array specification, as well as locations of arrays, will be finalized as part of ongoing engineering efforts. As seen in Figure 1, land cover in the Project Area consists primarily of agricultural land, with portions of forestland, a transmission line right-of-way, aquatic habitat, and rural residential properties. The Project is planned to commence commercial operation in 2023. TRC Environmental Corporation (TRC), on behalf of North Side Energy Center, LLC, has consulted with the New York State Department of Environmental Conservation (NYSDEC) Environmental Resource Mapper (ERM) as a first step in determining the presence of rare or state-listed animals or plants, significant natural communities, or other significant habitats in the immediate vicinity of the Project. The results of the search revealed the Project Area is in the vicinity of rare, threatened, and endangered species layers. TRC is requesting herein a review and confirmation of the latest New York Natural Heritage Program (NYNHP) – Information Service records for the presence of rare or state-listed plants or animals, significant natural communities, or other significant habitats in the vicinity of the Project. If you have any questions regarding the Project or the request herein, please contact me at TRC by calling (201) 508-6954 or via email at [email protected]. Sincerely,
Michael D. Keller Project Manager, TRC cc: Bill Boer, NextEra Energy Resources, LLC Attachments: Figure 1. Project Location Map
Town of Brasher
Town of Massena
Town of Norfolk
Village of Massena
MAP LOCATIONProject Area Village Boundary Municipal Boundary
Data: NYS GIS Program Office Base Map: USGS/The National Map, 2020
FIGURE 1 FEBRUARY 2020
ENERGY CENTER, LLC TOWNS OF MASSENA, BRASHER,
AND NORFOLK, NY
Map Produced by
Michael Keller TRC 1099 Wall Street West, Suite 250B Lyndhurst, NJ 07071
North Side Energy Center ProjectRe: County: St Lawrence Town/City: Brasher, Massena, Norfolk
Dear Mr. Keller:
May 13, 2020
In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to the above project.
Enclosed is a report of rare or state-listed animals and plants, and significant natural communities that our database indicates occur in the vicinity of the project site.
For most sites, comprehensive field surveys have not been conducted; the enclosed report only includes records from our database. We cannot provide a definitive statement as to the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources.
The presence of the plants and animals identified in the enclosed report may result in this project requiring additional review or permit conditions. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the NYS DEC Region 6 Office, Division of Environmental Permits, at [email protected].
Heidi Krahling Environmental Review Specialist New York Natural Heritage Program
Sincerely,
New York Natural Heritage Program
The following state-listed animals have been documented in the vicinity of the project site.
The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed or are candidates for federal listing.
Report on State-listed Animals
For information about any permit considerations for your project, please contact the Permits staff at the NYSDEC Region 6 Office at [email protected], (315) 785-2245.
The following species has been documented in a stretch of the Raquette River within 300 yards of the project site.
SCIENTIFIC NAME FEDERAL LISTINGNY STATE LISTINGCOMMON NAME
Fish
Ammocrypta pellucida ThreatenedEastern Sand Darter 14712
The following species has been documented within 0.75 mile of the project site. Individual animals may travel 0.81 miles from documented locations.
SCIENTIFIC NAME FEDERAL LISTINGNY STATE LISTINGCOMMON NAME
Reptiles
Emydoidea blandingii ThreatenedBlanding's Turtle 9932
This report only includes records from the NY Natural Heritage database.
If any rare plants or animals are documented during site visits, we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database.
Information about many of the listed animals in New York, including habitat, biology, identification, conservation, and management, are available online in Natural Heritage’s Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html.
Page 1 of 15/13/2020
Report on Rare Animals, Rare Plants, and Significant Natural CommunitiesNew York Natural Heritage Program
The following rare animals have been documented at the project site, or in its vicinity.
We recommend that potential impacts of the proposed project on these species be addressed as part of any environmental assessment or review conducted as part of the planning, permitting and approval process, such as reviews conducted under SEQR. Field surveys of the project site may be necessary to determine the status of a species at the site, particularly for sites that are currently undeveloped and may still contain suitable habitat. Final requirements of the project to avoid, minimize, or mitigate potential impacts are determined by the lead permitting agency or the government body approving the project.
HERITAGE CONSERVATION STATUSSCIENTIFIC NAME NY STATE LISTINGCOMMON NAME
The following animals, while not listed by New York State as Endangered or Threatened, are rare in New York and are of conservation concern.
Fish
Notropis heterolepisBlacknose Shiner
Documented at the project site in Earl's Creek near County Road 37. 2011-10-20.
Unlisted Imperiled in NYS
Notropis bifrenatusBridle Shiner and Globally Uncommon
Documented within 250 yards northeast of the project site in Squeak Brook near Carey Road. 2015-08-25.
Freshwater Mussels
Ligumia rectaBlack Sandshell
Documented in a stretch of the Raquette River within 300 yards of the project site. 2013-08-16.
Information about many of the rare animals and plants in New York, including habitat, biology, identification, conservation, and management, are available online in Natural Heritage’s Conservation Guides at www.guides.nynhp.org, from NatureServe Explorer at www.natureserve.org/explorer, and from USDA’s Plants Database at http://plants.usda.gov/index.html (for plants).
This report only includes records from the NY Natural Heritage database. For most sites, comprehensive field surveys have not been conducted, and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources.
If any rare plants or animals are documented during site visits, we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database.
Page 1 of 15/13/2020
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United States Department of the Interior FISH AND WILDLIFE SERVICE
New York Ecological Services Field Office 3817 Luker Road
Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699
http://www.fws.gov/northeast/nyfo/es/section7.htm
In Reply Refer To: Consultation Code: 05E1NY00-2020-SLI-2944 Event Code: 05E1NY00-2020-E-08765 Project Name: North Side Energy Center Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). This list can also be used to determine whether listed species may be present for projects without federal agency involvement. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list.
Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the ESA, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC site at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. If listed, proposed, or candidate species were identified as potentially occurring in the project area, coordination with our office is encouraged. Information on the steps involved with assessing potential impacts from projects can be found at: http:// www.fws.gov/northeast/nyfo/es/section7.htm
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the ESA. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.
Attachment(s):

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".
This species list is provided by:
New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 (607) 753-9334
05/14/2020 Event Code: 05E1NY00-2020-E-08765 2

Event Code: 05E1NY00-2020-E-08765
Project Type: POWER GENERATION
Project Description: North Side Energy Center, LLC is proposing to build and operate the North Side Energy Center Project in the Towns of Massena, Brasher, and Norfolk, St. Lawrence County, New York. The facility will consist of a 180 Megawatt (MW) solar power facility. The Project Area encompasses an approximately 2,200 acres of land.
Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/44.892151176029216N74.8657693757471W
Counties: St. Lawrence, NY

1.
Endangered Species Act Species There is a total of 0 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.
Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
Lyndhurst, NJ 07071
July 30, 2020
U.S. Fish and Wildlife Service New York Ecological Services Field Office 3317 Luker Road Cortland, NY 13045-9385
Re: Online Project Review Request, North Side Energy Center, LLC, North Side Energy Center Project, Towns of Massena, Brasher, and Norfolk, St. Lawrence County, New York. Consultation Code: 05E1NY00-2020-SLI-3754
We have reviewed the above referenced project using the New York Field Office’s online project review process and have followed all guidance and instructions in completing the review. We completed our review on July 22, 2020 and are submitting our project review package in accordance with the instructions for further review.
North Side Energy Center, LLC proposes to construct a solar energy center in the Towns of Massena, Brasher, and Norfolk, St. Lawrence County, New York (See Figure 1). North Side Energy Center, LLC plans to submit an application to the NYS Board on Electric Generation Siting and the Environment in pursuit of a Certificate of Environmental Compatibility and Public Need to construct the North Side Energy Center (the Project) under Article 10 of the Public Service Law (PSL). This request is being made in order to help prepare the Article 10 Application.
The proposed Project will consist of a 180 MW solar energy center located on land leased or purchased from owners of private property. Proposed components include commercial-scale solar arrays, access roads, buried (and possibly overhead) electric collection lines, and electrical interconnection facilities. The final solar array specification, as well as location of arrays, will be finalized as part of micro-siting efforts.
Land cover in the Project Area consists primarily of agricultural land, with portions of forestland and shrubland. Wetland and stream delineations were performed during the growing season in 2017, 2019, and 2020 on a majority of the parcels included in the Project Area.
The location of the Project Area is identified on the enclosed map, Figure 1. The Project is scheduled for construction in 2022.
The enclosed project review package provides the information about the species and critical habitat considered in our review, and the species conclusions table included in the package identifies our determinations for the resources that may be affected by the Project.
For additional information, please contact me at (201) 508 – 6954 or via email at [email protected].
Michael Keller Office Practice Leader
cc: Kris Scornavacca, NextEra Energy Resources, LLC William Boer, NextEra Energy Resources, LLC Alexis Hooker, TRC
Attachments: 1) Figure 1. Regional Project Location Map 2) Figure 2. Land Cover in the Project Area 3) Photograph Log 4) IPaC Official Species List 5) Species Conclusion Table 6) NYSDEC Environmental Resource Mapper
Results
C an ada
Town of Parishville
Town of Potsdam
Town of Stockholm
Town of Waddington
Town of Waverly
Village of Brushton
Village of Massena
Village of Norwood
Village of Potsdam
Village of Waddington
Village of Canton
MAP LOCATIONProject Area Village Boundary Municipal Boundary County Boundary
Base Map: USGS The National Map, 2019 FIGURE 1 APRIL 2020
REGIONAL PROJECT LOCATION NORTH SIDE ENERGY CENTER, LLC
TOWNS OF MASSENA, BRASHER, AND NORFOLK, NY
Map Produced by
Town of Brasher
Town of Louisville
Town of Massena
Town of Norfolk
Town of Stockholm
Village of Massena
NORTH SIDE ENERGY CENTER, LLC TOWNS OF MASSENA, BRASHER,
AND NORFOLK, NY
Land Cover Open Water Developed, Open Space Developed, Low Intensity
Developed, Medium Intensity Developed High Intensity Barren Land (Rock/Sand/Clay) Deciduous Forest
Evergreen Forest Mixed Forest Shrub/Scrub Grassland/Herbaceous
Pasture/Hay Cultivated Crops Woody Wetlands Emergent Herbaceous Wetlands
0 3,000 6,000 FeetData: National Land Cover Dataset, 2016
Project Area 2-Mile Study Area Village Boundary Municipal Boundary $
Map Produced by
Photograph 1: Northern edge of Project Site looking southeast.
Photograph 2: Central portion of Project Site looking northwest.
Photograph 3: Recently tilled area near center of Project Site looking northeast.
Photograph 4: Parcel in northeastern portion of Project Site looking north.
Photograph 5: Parcel in Southwestern portion of Project Site looking west.
Photograph 6: Looking southwest across central portion of Project Site.
Attachment 4. IPaC Official Species List
July 22, 2020
In Reply Refer To: Consultation Code: 05E1NY00-2020-SLI-3754 Event Code: 05E1NY00-2020-E-11288 Project Name: North Side Energy Center, LLC Subject: List of threatened and endangered species that may occur in your proposed project

Attachment(s):
07/22/2020 Event Code: 05E1NY00-2020-E-11288 1
07/22/2020 Event Code: 05E1NY00-2020-E-11288 2
Project Summary Consultation Code: 05E1NY00-2020-SLI-3754
Event Code: 05E1NY00-2020-E-11288
Project Description: North Side Energy Center, LLC proposes to construct a solar energy center in the towns of Massena, Brasher, and Norfolk in St. Lawrence County, New York. The proposed Project will have a generating capacity of 180 megawatts (MWs) of power located on land leased from owners of private property. Proposed components include commercial-scale solar arrays, inverters, access roads, fencing, buried (and possibly overhead) electric collection lines, laydown/staging areas, a Project collection substation, and electrical interconnection facilities.
1.
Species Conclusion Table
Date: July 30, 2020
Bald eagle (Haliaeetus
leucocephalus) Yes Unknown No Unlikely to disturb
The bald eagle is federally protected under the Migratory Bird Treaty Act (MBTA) and is listed as threatened in New York State. They breed throughout New York State and prefer area with large bodies of water that support high fish populations (NYNHP, 2013). Bald eagles generally avoid human activities and perch in either deciduous or coniferous trees (NYNHP, 2013). They are long-lived in the wild, often with a life span of over 30 years, and return to within 250 miles of the nesting area where they were fledged each year (NYSDEC, 2015).
The bald eagle was observed within the Project Area during the 2018-2019 winter raptor surveys. No nests were observed during the surveys.
Based upon an initial review, the Project is not located within the vicinity of known occurrences of bald eagles and/or their nests. North Side Energy Center will continue coordination with the NYNHP throughout the planning and permitting phases of the Project to confirm.
Attachment 6. NYSDEC Environmental Resource Mapper Results
1099 Wall St. West, Suite 250B
Lyndhurst, NJ 07071
September 16, 2020
U.S. Fish and Wildlife Service New York Ecological Services Field Office 3317 Luker Road Cortland, NY 13045-9385
Re: Online Project Review Request, North Side Energy Center, LLC, North Side Energy Center Project, Towns of Massena, Brasher, and Norfolk, St. Lawrence County, New York. Consultation Code: 05E1NY00-2020-SLI-4348
We have reviewed the above referenced project using the New York Field Office’s online project review process and have followed all guidance and instructions in completing the review. We completed our review on September 15, 2020 and are submitting our project review package in accordance with the instructions for further review.
North Side Energy Center, LLC proposes to construct a solar energy center in the Towns of Massena, Brasher, and Norfolk, St. Lawrence County, New York (See Figure 1). North Side Energy Center, LLC plans to submit an application to the NYS Board on Electric Generation Siting and the Environment in pursuit of a Certificate of Environmental Compatibility and Public Need to construct the North Side Energy Center (the Project) under Article 10 of the Public Service Law (PSL). This request is being made in order to help prepare the Article 10 Application.
The proposed Project will consist of a 180 MW solar energy center located on land leased or purchased from owners of private property. Proposed components include commercial-scale solar arrays, access roads, buried (and possibly overhead) electric collection lines, and electrical interconnection facilities. The final solar array specification, as well as location of arrays, will be finalized as part of micro-siting efforts.
Land cover in the Project Area consists primarily of agricultural land, with portions of forestland and shrubland. Wetland and stream delineations were performed during the growing season in 2017, 2019, and 2020 on a majority of the parcels included in the Project Area.
The location of the Project Area is identified on the enclosed map, Figure 1. The Project is scheduled for construction in 2022.
The enclosed project review package provides the information about the species and critical habitat considered in our review, and the species conclusions table included in the package identifies our determinations for the resources that may be affected by the Project.
For additional information, please contact me at (201) 508 – 6954 or via email at [email protected].
Michael Keller Office Practice Leader
cc: Kris Scornavacca, NextEra Energy Resources, LLC William Boer, NextEra Energy Resources, LLC Alexis Hooker, TRC
Attachments: 1) Figure 1. Regional Project Location Map 2) Figure 2. Land Cover in the Project Area 3) Photograph Log 4) IPaC Official Species List 5) Species Conclusion Table 6) NYSDEC Environmental Resource Mapper Results
Attachment 1. Regional Location Map
C an ada
Town of Parishville
Town of Potsdam
Town of Stockholm
Town of Waddington
Town of Waverly
Village of Brushton
Village of Massena
Village of Norwood
Village of Potsdam
Village of Waddington
Village of Canton
MAP LOCATIONProject Area Village Boundary Municipal Boundary County Boundary
Base Map: USGS The National Map, 2019 FIGURE 1 SEPTEMBER 2020
REGIONAL PROJECT LOCATION NORTH SIDE ENERGY CENTER, LLC
TOWNS OF MASSENA, BRASHER, AND NORFOLK, NY
Map Produced by
Town of Brasher
Town of Louisville
Town of Massena
Town of Norfolk
Town of Stockholm
Village of Massena
NORTH SIDE ENERGY CENTER, LLC TOWNS OF MASSENA, BRASHER,
AND NORFOLK, NY
Land Cover Open Water Developed, Open Space Developed, Low Intensity
Developed, Medium Intensity Developed High Intensity Barren Land (Rock/Sand/Clay) Deciduous Forest
Evergreen Forest Mixed Forest Shrub/Scrub Grassland/Herbaceous
Pasture/Hay Cultivated Crops Woody Wetlands Emergent Herbaceous Wetlands
0 3,000 6,000 FeetData: National Land Cover Dataset, 2016
Project Area 2-Mile Study Area Village Boundary Municipal Boundary $
Map Produced by
Photograph 1: Northern edge of Project Site looking southeast.
Photograph 2: Central portion of Project Site looking northwest.
Photograph 3: Recently tilled area near center of Project Site looking northeast.
Photograph 4: Parcel in northeastern portion of Project Site looking north.
Photograph 5: Parcel in Southwestern portion of Project Site looking west.
Photograph 6: Looking southwest across central portion of Project Site.
Photograph 7: Looking west at parcel in north eastern portion of the Project Site.
Photograph 8: Looking south at parcel at far western portion of the Project Site.
Attachment 4. IPaC Official Species List
September 15, 2020
In Reply Refer To: Consultation Code: 05E1NY00-2020-SLI-4348 Event Code: 05E1NY00-2020-E-13056 Project Name: North Side Energy Center, LLC
Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

Attachment(s):
09/15/2020 Event Code: 05E1NY00-2020-E-13056 1
09/15/2020 Event Code: 05E1NY00-2020-E-13056 2
Project Summary Consultation Code: 05E1NY00-2020-SLI-4348
Event Code: 05E1NY00-2020-E-13056
1.
Species Conclusion Table
Date: September 16, 2020
Bald eagle (Haliaeetus
leucocephalus) Yes Unknown No Unlikely to disturb
The bald eagle is federally protected under the Migratory Bird Treaty Act (MBTA) and is listed as threatened in New York State. They breed throughout New York State and prefer area with large bodies of water that support high fish populations (NYNHP, 2013). Bald eagles generally avoid human activities and perch in either deciduous or coniferous trees (NYNHP, 2013). They are long-lived in the wild, often with a life span of over 30 years, and return to within 250 miles of the nesting area where they were fledged each year (NYSDEC, 2015).
The bald eagle was observed within the Project Area during the 2018-2019 winter raptor surveys. No nests were observed during the surveys.
Based upon an initial review, the Project is not located within the vicinity of known occurrences of bald eagles and/or their nests. North Side Energy Center will continue coordination with the NYNHP throughout the planning and permitting phases of the Project to confirm.
Attachment 6. NYSDEC Environmental Resource Mapper Results
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Environmental Resource Mapper
@
C!2 Waterbody Classifications for Lakes
C!2 D State Regulated Freshwater Wetlands (Outside of the Adirondack Park)
State Regulated Wetland Checkzone @
I
C!2 Rare Plants or Animals
Other Wetland Layers
2sott Myers Rd
_1-74.876, 44.845 I
September 15, 2020
In Reply Refer To: Consultation Code: 05E1NY00-2020-SLI-4348 Event Code: 05E1NY00-2020-E-13056 Project Name: North Side Energy Center, LLC Subject: List of threatened and endangered species that may occur in your proposed project

Attachment(s):

09/15/2020 Event Code: 05E1NY00-2020-E-13056 2

Event Code: 05E1NY00-2020-E-13056

1.
From: Keller, Michael <[email protected]> Sent: Tuesday, November 24, 2020 2:29 PM To: dec.sm.fwfish6 <[email protected]>; [email protected] Cc: William Boer (Guest) <[email protected]>; [email protected] (Guest) <[email protected]>; Hooker, Alexis <[email protected]> Subject: North Side Energy Center - Information Request
ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.
To whom it may concern: North Side Energy Center, LLC is proposing the development of a solar energy center in the Towns of Massena, Brasher, and Norfolk in St. Lawrence County, New York. North Side Energy Center, LLC plans to submit an application to the NYS Board on Electric Generation Siting and the Environment in pursuit of a Certificate of Environmental Compatibility and Public Need to construct the North Side Energy Center (the Project) under Article 10 of the Public Service Law (PSL). TRC, on behalf of North Side Energy Center, LLC, is compiling information regarding fisheries data under Article 10 of the Public Service Law (§164 (1)). TRC respectfully submits this Freedom of Information Request to obtain any information that you may have pertaining to fisheries data, such as the diversity of the fish in the following bodies of water:
The enclosed shapefile package has been provided both to assist in your review of the Project Study Area as well as outline the area requested for fisheries data information. Please note, this information request is being made in order to help prepare the Article 10 Application. If you have any questions regarding the Project or the request herein, please contact me at TRC by calling (201) 508-6954 or via email at [email protected]. Thanks for your attention. Michael
Michael D. Keller Principal – Power Generation and Air Quality Office Practice Leader
1099 Wall Street West, Suite 250B, Lyndhurst, NJ 07071 T 201.508.6954 | C 973.787.7233 [email protected] LinkedIn | Twitter | Blog | TRCcompanies.com
image005.png North-Side-Energy_NYSDEC-Streams-&-Fish_1Dec2020.xls
I think this is what you are looking for. From: McDonald, Richard P (DEC) <[email protected]> Sent: Tuesday, December 1, 2020 1:20 PM To: Keller, Michael <[email protected]> Subject: [EXTERNAL] RE: North Side Energy Center - Information Request
This is an EXTERNAL email. Do not click links or open attachments unless you validate the sender and know the content is safe.
Dear Mr. Keller, Thank you for your request regarding fisheries data in the vicinity of the North Side Energy Center LLC’s Solar Project. I have attached a MS Excel Workbook that contains separate spreadsheet tabs as follows:
Streams – contains Waters Index Number (WIN), the Part & Item, the Class & Standard; and Notes & Comments Squeak Brook – Recent Fisheries Data (from 1987 to present) Squeak Brook – Historical Fisheries Data (prior to 1987) Earls Creek – Recent Fisheries Data (from 1987 to present) Earls Creek – Historical Fisheries Data (prior to 1987)
I have also included a couple of GIS generated orthoimagery maps of this area using the North Side Energy Center LLC. project boundary that you provided for your reference. Thank you for your time and efforts with this endeavor. Sincerely, Dick McDonald Richard P. (Dick) McDonald Biologist 1, Aquatic New York State Department of Environmental Conservation 317 Washington Street, Watertown, NY 13601 P: (315) 785-2264 | F: (315) 785-2242 | [email protected]
Multiple historical and recent fisheries surveys.
All of Squeak Brook (mainstem). Listed as S1/S2 for Freshwater Mussels.
Earls Creek
Recent survey #s: 610852 & 614809 Blacknose Shiner (S2/S3 = Imperiled).
Upstream to south of Laclair Rd. confluence with Unnamed Stream (Part-Item 910-455).
Earls Creek
SL-1-2-1
910-454
D
D
Recent survey #s: 601409 & 614810. Historical data from JR Greeley 1933.
From confluence with Unnamed Stream (Part-Item 910-455) upstream to just north of St. Lawrence Co. Rte. 38.
Unnamed Water
Unnamed Water
No Fisheries Surveys
Tributary of Earls Creek, not on WC layer. Takes on WC of Earls Creek.
Unnamed Water
Unnamed Water
Unnamed Water
Tributary of the Raquette River, not on WC layer. Takes on WC of the Raquette River.
Squeak Brook - Recent Data
515503
4970208
20
15
4
3
12
40
15
15
6
1
30
2
8
2
20
35
15
6
2
Raquette
514095
4966968
5
30
1
1
5
5
1
20
1
25
4
Raquette
516032
4976096
30
5
5
1
5
4
9
20
5
8
3
1
Raquette
Rare/endangered species
Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh
515543
4970279
1
7
1
2
5
1
28
Raquette
516048
4976361
1
3
Raquette
516048
4976361
1
3
Raquette
515917
4976531
10
2
3
2
1
96
1
1
1
13
4
69
Raquette
515917
4976531
10
2
3
2
1
96
1
1
1
13
4
69
Raquette
514625
4973936
2
16
4
15
1
41
12
2
4
2
10
Raquette
514625
4973936
2
16
4
15
1
41
12
2
4
2
10
Raquette
516000
4976494
44
21
1
Raquette
516000
4976494
44
21
1
Raquette
515908
4976509
20
3
13
1
21
6
1
1
2
18
10
1
Raquette
515908
4976509
20
3
13
1
21
6
1
1
2
18
10
1
Raquette
515499
4974713
4
1
5
40
4
4
4
3
3
2
1
20
Raquette
515499
4974713
8
10
8
5
2
18
1
4
3
2
Raquette
515499
4974713
4
10
8
5
20
3
2
6
4
2
2
2
Raquette
512866
4968756
4
5
12
1
12
8
Raquette
514711
4973956
6
13
453
2
3
1
2
1
1
Raquette
512069
4970098
4
34
2
2
3
7
Name WIN/FIN Part_Item Class Standard Notes Comments
Squeak Brook SL-1-2 910-452 C C Multiple historical and recent fisheries surveys.
All of Squeak Brook (mainstem). Listed as S1/S2 for Freshwater Mussels.
Earls Creek SL-1-2-1 910-453 C C Recent survey #s: 610852 & 614809 Blacknose Shiner (S2/S3 = Imperiled).
Upstream to south of Laclair Rd. confluence with Unnamed Stream (Part-Item 910-455).
Earls Creek SL-1-2-1 910-454 D D Recent survey #s: 601409 & 614810. Historical data from JR Greeley 1933.
From confluence with Unnamed Stream (Part- Item 910-455) upstream to just north of St. Lawrence Co. Rte. 38.
Unnamed Water 910-455 D D No Fisheries Surveys No WIN/FIN, Tributary to Earls Creek. Unnamed Water SL-1-2-1-1 910-455 D D No Fisheries Surveys Tributary of Earls Creek.
Unnamed Water SL-1-2-1-1A C C No Fisheries Surveys Tributary of Earls Creek, not on WC layer. Takes on WC of Earls Creek.
Unnamed Water SL-1-2-1-1C C C No Fisheries Surveys Tributary of Earls Creek, not on WC layer. Takes on WC of Earls Creek.
Unnamed Water SL-1-2-1-2 910-455 D D No Fisheries Surveys Tributary of Earls Creek.
Unnamed Water SL-1-2-1-2A C C No Fisheries Surveys Tributary of Earls Creek, not on WC layer. Takes on WC of Earls Creek.
Unnamed Water SL-1-2-1-5 910-455 D D No Fisheries Surveys Tributary of Earls Creek. Unnamed Water SL-1-2-1-5A 910-455 D D No Fisheries Surveys Tributary of Earls Creek. Unnamed Water SL-1-2-2 910-456 D D No Fisheries Surveys Tributary of Earls Creek. West Branch Squeak Brook SL-1-2-3 910-456 D D No Fisheries Surveys Tributary of Earls Creek.
Unnamed Water SL-1-2B-1 B B No Fisheries Surveys Tributary of the Raquette River, not on WC layer. Takes on WC of the Raquette River.
Watershed Water FIN Survey SL_ID Rep Auth Date Purpose Gear NYTME NYTMN Banded_Killifish Raquette Squeak Brook SL-1-2 601410 601410 0911 01 1 Carlson 9/11/2001 General biological survey Backpack Electrofisher: Smith Root SR-15D, gasoline powered 515503 4970208 20 Raquette Squeak Brook SL-1-2 601410 601410 0911 02 1 Carlson 9/11/2001 General biological survey Backpack Electrofisher: Smith Root SR-15D, gasoline powered 514095 4966968 5 Raquette Squeak Brook SL-1-2 604944 604944 0923 01 1 Carlson 9/23/2004 General biological survey Backpack shocker, "Wisconsin ABP-3", battery powered 516032 4976096 Raquette Squeak Brook SL-1-2 605915 605915 1205 01 1 Carlson 12/5/2005 General biological survey Unknown 516026 4976479 Raquette Squeak Brook SL-1-2 610853 610853 0421 01 1 USGS McKenna 4/21/2010 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 515543 4970279 Raquette Squeak Brook SL-1-2 610860 610860 0817 01 1 USGS Mckenna 8/17/2010 Rare/endangered species Backpack Electrofisher: battery 516042 4976493 Raquette Squeak Brook SL-1-2 614809 614809 0603 01 1 SRMTDavid 6/3/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 516048 4976361 Raquette Squeak Brook SL-1-2 614809 614809 0603 01 2 SRMTDavid 6/3/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 516048 4976361 Raquette Squeak Brook SL-1-2 614809 614809 0708 02 1 SRMTDavid 7/8/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 515917 4976531 Raquette Squeak Brook SL-1-2 614809 614809 0708 02 2 SRMTDavid 7/8/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 515917 4976531 Raquette Squeak Brook SL-1-2 614809 614809 0825 03 1 SRMTDavid 8/25/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 514625 4973936 Raquette Squeak Brook SL-1-2 614809 614809 0825 03 2 SRMTDavid 8/25/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 514625 4973936 Raquette Squeak Brook SL-1-2 615807 615807 0722 01 1 SRMTDavid 7/22/2015 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 516000 4976494 Raquette Squeak Brook SL-1-2 615807 615807 0722 01 2 SRMTDavid 7/22/2015 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 516000 4976494 Raquette Squeak Brook SL-1-2 615807 615807 0722 02 1 SRMTDavid 7/22/2015 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 515908 4976509 Raquette Squeak Brook SL-1-2 615807 615807 0722 02 2 SRMTDavid 7/22/2015 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 515908 4976509 Raquette Squeak Brook SL-1-2 697436 697436 0708 01 1 Carlson 7/8/1997 General biological survey Bag Seine: 25x4 ft, 0.25" mesh, 0.13" mesh bag 515499 4974713 4 Raquette Squeak Brook SL-1-2 697436 697436 0708 02 1 Carlson 7/8/1997 General biological survey Bag Seine: 25x4 ft, 0.25" mesh, 0.13" mesh bag 515499 4974713 8 Raquette Squeak Brook SL-1-2 697436 697436 0708 03 1 Carlson 7/8/1997 General biological survey Bag Seine: 25x4 ft, 0.25" mesh, 0.13" mesh bag 515499 4974713 4 Raquette Squeak Brook SL-1-2 697436 697436 0708 04 1 Carlson 7/8/1997 General biological survey Backpack shocker: DC 515499 4974713
Blacknose_Shiner Bluegill Bluntnose_Minnow Brassy_Minnow Bridle_Shiner Brook_Stickleback Brown_Bullhead Brown_Trout Central_Mudminnow Chinook_Salmon Common_Shiner Creek_Chub 15 4 3 12 40 15 15 30 1 1 30 5 5 1
1 1 7 1
2 51 2 25
2 16 4 15 2 16 4 15
44 44 20 20
2
5 5 1 5 4 9 20 5
2 5 1 1 5 41 33 3 41 6 4 10
1 1
1 41 12 2 1 41 12 2
21 21
40 4 4 2 18
20 3 2 20 2 5
Northern_Pike Northern_Redbelly_Dace Pumpkinseed Rock_Bass Rosyface_Shiner Sand_Shiner Shorthead_Redhorse Silver_Redhorse Smallmouth_Bass Spotfin_Shiner Tessellated_Darter White_Sucker 20 35 15 6 20 1 25 4
8 3 1
3 3
1 1 1 13 4 69 1 1 1 13 4 69 4 2 10 4 2 10
1 1 6 1 1 2 18 10 6 1 1 2 18 10
4 3 3 2 1 20 1 4 3 2
6 4 2 2 2 4 1 1 2
Yellow_Perch 2
1 1
Watershed ALIAS WIN NYTME NYTMN Date AUTH GEAR_DS CAUGHT Bluntnose_Minnow Brown_Bullhead Central_Mudminnow Common_Shiner Creek_Chub Cutlips_Minnow Raquette SQUEAK BROOK SL-1-2 515800 4971000 6/7/1933 JR GREELEY Seine Y 6 1 14 2 Raquette SQUEAK BROOK SL-1-2 516000 4976300 6/7/1933 JR GREELEY Seine Y 3 Raquette SQUEAK BROOK SL-1-2 508500 4959000 7/6/1933 HUNTER Seine Y Raquette SQUEAK BROOK SL-1-2 510400 4961000 7/6/1933 HUNTER Seine Y Raquette SQUEAK BROOK SL-1-2 513000 4963100 7/6/1933 RP HUNTER Seine Y Raquette SQUEAK BROOK SL-1-2 516000 4975900 7/11/1933 JR GREELEY Seine Y 1 4 1 Raquette SQUEAK BROOK SL-1-2 515400 4973800 7/18/1933 JR GREELEY Seine Y Raquette SQUEAK BROOK SL-1-2 513500 4964000 7/24/1933 CREASER Seine Y
Fallfish Fantail_Darter Golden_Shiner Greater_Redhorse Johnny_Darter Logperch Minnow_&_Carp Family Northern_Pike Pumpkinseed Rock_Bass Shorthead_Redhorse Smallmouth_Bass Spotfin_Shiner 1 3 2
1 7 1 1 1
2 1 1 6 5 5 2 1
2 4
7
2
Watershed Water FIN Survey SL_ID Rep Auth Date Purpose Gear NYTME NYTMN Banded_Killifish Raquette Earls Creek SL-1-2-1 601409 601409 0911 01 1 Carlson 9/11/2001 General biological survey Backpack Electrofisher: Smith Root SR-15D, gasoline powered 512866 4968756 Raquette Earls Creek SL-1-2-1 610852 610852 0526 03 1 USGS McKenna 5/26/2010 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 514711 4973956 6 Raquette Earls Creek SL-1-2-1 614810 614810 0908 01 1 SRMTDavid 9/8/2014 Rare/endangered species Bag Seine: 30' x 4' with 0.25" mesh, 4; bag wth 0.13" mesh 512069 4970098
Blacknose_Shiner Bluntnose_Minnow Brook_Stickleback Brown_Bullhead Central_Mudminnow Common_Shiner Creek_Chub Fathead_Minnow Golden_Shiner Largemouth_Bass Northern_Redbelly_Dace 4 5 12 1 12
13 453 2 3 1 2 4 34 2 2
Pumpkinseed Rock_Bass Spotfin_Shiner Tessellated_Darter White_Sucker 8
1 1 3 7
January 27, 2021
In Reply Refer To: Consultation Code: 05E1NY00-2020-SLI-4348 Event Code: 05E1NY00-2021-E-03904 Project Name: North Side Energy Center, LLC Subject: Updated list of threatened and endangered species that may occur in your proposed
project location or may be affected by your proposed project
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the Services wind

Attachment(s):

01/27/2021 Event Code: 05E1NY00-2021-E-03904 2

Project Summary Consultation Code: 05E1NY00-2020-SLI-4348 Event Code: 05E1NY00-2021-E-03904 Project Name: North Side Energy Center, LLC Project Type: POWER GENERATION Project Description: North Side Energy Center, LLC proposes to construct a solar energy
center in the towns of Massena, Brasher, and Norfolk in St. Lawrence County, New York. The proposed Project will have a generating capacity of 180 megawatts (MWs) of power located on land leased from owners of private property. Proposed components include commercial-scale solar arrays, inverters, access roads, fencing, buried (and possibly overhead) electric collection lines, laydown/staging areas, a Project collection substation, and electrical interconnection facilities.
Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@44.89214290397546,-74.86574601036112,14z
Counties: St. Lawrence County, New York

1.
February 4, 2021 Sam M. Laniado, Esq. Read and Laniado, LLP 25 Eagle Street Albany, NY 12207-1901 [email protected]
William J. Boer, PP, AICP Senior Project Manager NextEra Energy Resources, LLC 700 Universe Boulevard Juno Beach, Florida 33408
Re: Northside Energy Center, LLC PSC Case 17-F-0598 NYSDEC Preliminary Wetland Assessment Towns of Massena, Brasher, and Norfolk St. Lawrence County
Dear Mr. Laniado and Mr. Boer:
Staff of the New York State Department of Environmental Conservation (NYSDEC or Department) have conducted an initial review of the wetland delineation by Northside Energy Center, LLC (Applicant) to be included in the anticipated application for a certificate of environmental compatibility and public need pursuant to Article 10 of the Public Service Law (PSL) (Article 10) to construct and operate a proposed 180-megawatt solar electric generation facility located in St. Lawrence County, New York (Project). In an effort to facilitate the Project review process and provide the Applicant with an early indication of potential issues, this letter serves as NYSDEC staff’s initial comments on, and identification of preliminary issues relating to, the Applicant’s Wetland and Stream Delineation Report, dated October 2020, prepared by the Applicant’s wetland consultant, TRC Environmental Corporation (TRC) (Wetland Delineation Report) provided to NYSDEC.
NYSDEC staff have made a preliminary assessment pertaining to the identification of Environmental Conservation Law Article 24 (Article 24) jurisdictional wetlands and have determined that there is additional acreage of Article 24 jurisdictional freshwater wetlands and associated adjacent areas located within the Project area boundaries beyond what has been described thus far by the Applicant and TRC, including at a presentation on November 18, 2020.
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NYSDEC staff’s preliminary assessment is based on the review of the Wetland Delineation Report, New York State (State) wetland maps, National Wetland Inventory maps, TRC’s Geographic Information System (GIS) shapefiles, and aerial images, as well as a preliminary site visit conducted on November 17 and 18, 2020. Due to the timing of the site visit outside of the growing season, NYSDEC staff’s preliminary assessment will need to be revisited and updated, including addition of wetland adjacent areas, after conducting additional site visits during the 2021 growing season.
Wetlands that are contiguous to, and hydrologically connected with, State-mapped wetlands fall under Article 24 jurisdiction and thus, must be considered in the Article 10 process. The Applicant’s Wetland Delineation Report provides an estimate of wetland acreage that exists within the Project area based on field delineations. Using the GIS shapefiles provided by TRC that contained a preliminary disturbance area,1 as well as field delineated wetlands identified by TRC, NYSDEC staff have estimated the amount of impacts to Article 24 jurisdictional wetlands. That estimate indicates there will be impacts on approximately 573 acres of Class II and III Article 24 jurisdictional freshwater wetlands, which appears to be substantially higher than the Applicant’s estimates provided during the November 18, 2020 presentation and in the Wetland Delineation Report.
Attached is a map depicting this preliminary assessment. Given the preliminary nature of the disturbance area information provided by the Applicant, Department staff have not yet calculated impact figures for regulated adjacent areas.
As part of the Article 10 process, the applicant must demonstrate compliance with the applicable statutory and regulatory standards. As it relates to State wetlands, these standards require that an applicant must first avoid and minimize impacts to Article 24 jurisdictional freshwater wetlands and associated adjacent areas, pursuant to the standards set forth in Part 663.5 of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR). This must occur prior to proposing or considering mitigation. Under Article 24 and 6 NYCRR Parts 663 and 664, Class II and III freshwater wetlands are provided a high to modest level of protection.
As stated during the November 18, 2020 discussion, Department staff urges the Applicant to present in its application justification and explanation that impacts of the Project on all State-regulated wetlands and adjacent areas were avoided and minimized as required by Part 663.5. The Applicant must mitigate for all unavoidable impacts. Should additional avoidance and minimization be impracticable, the apparent extent of the Project’s impacts to State-regulated wetlands and their adjacent areas is substantial, and mitigation for the extent of potential impacts to Class II and III freshwater wetlands would be significant.
NYSDEC staff will refine and augment this preliminary assessment after conducting the site visit mentioned above during the 2021 growing season, including addition of wetland adjacent areas, and reviewing any additional information submitted by the Applicant in its application or otherwise.
1 Titled Northside_Prelim_Dist_Areas_20201029.
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NYSDEC staff believes it is important to continue discussions on this matter prior to an application being submitted and will contact you in the near future to schedule a meeting to discuss the preliminary findings in this correspondence. In the meantime, please do not hesitate to contact me at [email protected] should you have any questions or concerns.
Sincerely,
Michael Higgins Environmental Analyst 3 Bureau of Energy Project Management
Attachment: Preliminary Wetland Assessment Map cc: Lisa Covert, Esq., NYSDEC OGC
Chris Balk, NYSDEC Region 6 Matt Walter, NYSDEC Central Office Noreena Chaudari, Esq., NYSDPS Chase Chaskey, NYSDPS Kevin Bliss, TRC Companies Michael Keller, TRC Companies
2021.02.04 Northside Energy LLC NYSDEC Preliminary Wetland Assessment
mailto:[email protected]
RR-34
MA-19
RR-36
RR-33
RR-16
MA-19
MA-20
RR-32
RR-23
RR-27
NYS ITS GIS Program Office 0 0.5 1 1.5 20.25
Miles *This preliminary assessment will be revisited and updated after conducting additional site visits during the 2021 growing season.
Preliminary NYS Wetland Assessment Prelim_Disturbance_Areas NorthSide_ProjectArea_20201013 Mapped NYS Freshwater Wetland NorthSide_Article 24 Jurisdictional_Delineated_Wetlands NorthSide_Delineated_Wetlands_NY_State_Plane_E_ft_20201028
North Side Exhibit 22 Appendix 22-8 Cover
North Side Energy Center_NYNHP_Initial Consultation_04202020
North Side_NYNHP Sub Lett_04202020
North Side_USFWS Consultation Letter_FINAL_7.30.2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
North Side ERM Results_9.15.2020

Documents

Appendix 22-8: Agency Correspondence - North Side Energy