August 26, 2020 Via Electronic Mail Hon. Michelle L. Phillips, Secretary

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August 26, 2020 Via Electronic Mail Hon. Michelle L. Phillips, Secretary August 26, 2020 Via Electronic Mail Hon. Michelle L. Phillips, Secretary New York State Board on Electric Generation Siting and the Environment 3 Empire State Plaza Albany, New York 12223-1350 RE: Case No. 20-F-0048 – Application of Hecate Energy Columbia County 1, 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 Copake, Columbia County. Shepherd’s Run Solar Dear Secretary Phillips: Pursuant to the Notice of Filing of Preliminary Scoping Statement and Deadline for Submitting Comments issued August 6, 2020, Scenic Hudson, Inc. (“Scenic Hudson”) respectfully submits the following comments on the Preliminary Scoping Statement (“PSS”) submitted in the above-referenced proceeding. Scenic Hudson’s Interest Scenic Hudson is a 501(c)(3) organization based in Poughkeepsie, New York. Scenic Hudson is dedicated to preserving the scenic, ecological, recreational, historic and agricultural treasures of the Hudson River valley. We combine land acquisition, support for agriculture, citizen-based advocacy and sophisticated planning tools to create environmentally healthy communities, champion smart economic growth, open up riverfronts to the public and preserve the valley’s inspiring beauty and natural resources. A crusader for the valley since 1963, today we are the largest environmental group focused on the Hudson River and its valley. We have over 25,000 supporters, the majority of which reside in the Hudson Valley region, including in Columbia County. The Scenic Hudson Land Trust, Inc. is an affiliate of Scenic Hudson, Inc. that owns lands throughout the Hudson Valley in fee and by conservation easement, including in Columbia County. The Scenic Hudson Land Trust exists to support the mission of Scenic Hudson and holds 1 interests in real property that exhibit the open space and agricultural values that Scenic Hudson is dedicated to preserving. Scenic Hudson has protected over 45,000 acres in nine counties and created or enhanced many parks and preserves for public enjoyment throughout the Hudson Valley. New York’s landmark Climate Leadership and Community Protection Act (CLCPA) increased the state’s 2030 renewable energy supply target from 50% to 70% in the interest of reducing greenhouse gas emissions and mitigating the worst impacts of climate change. Scenic Hudson strongly supports these initiatives. We seek to ensure that the development of solar energy projects in the Hudson Valley is maximized while protecting the region's priceless natural resources, scenic views and historic sites. It is Scenic Hudson’s view that we can fight climate change by helping make the Hudson Valley a leader in clean energy. This can create new jobs, provide reliable and affordable energy, and shape healthier, stronger communities. Scenic Hudson is focused on promoting the development of solar projects in the Hudson Valley while simultaneously preserving important natural and economic resources. We have published a guide to siting renewable projects in the Hudson Valley, Clean Energy, Green Communities, which was developed to help overcome challenges presented by large-scale solar projects such as this.1 Clean Energy, Green Communities contains several siting and design principles for renewable energy development to help stakeholders find common ground in a regional model for increased renewable energy development that also protects natural and economic resources. Under Clean Energy, Green Communities principles, low-conflict sites and areas should be identified and prioritized for use, while areas with high conservation, agricultural, ecological and cultural value should be avoided for development. Projects should be sited and designed to minimize impacts to these valuable resources. Opportunities should be pursued to achieve dual-use, or co-location, of solar energy projects and other uses, such as pollinator-friendly plantings, livestock grazing or crops. In this way, the benefits of renewable energy can be achieved without compromising conservation values. The proposed Shepherd’s Run Solar Facility (“Facility”) is one of several proposed large- scale solar projects in the Hudson Valley currently undergoing review under Public Service Law Article 10. We are following this proceeding as well as several others in the Hudson Valley currently pending before the New York State Board on Electric Generation Siting and the 1 https://www.scenichudson.org/wp-content/uploads/legacy/renewables-siting-guide_web.pdf 2 Environment (“Siting Board”) (specifically, Case Numbers 17-F-0617, 17-F-0619 and 18-F- 0087). PSS Requirements The PSS is vitally important to the Article 10 process. It is the public’s first significant opportunity to learn about the potential impacts and benefits of the proposed project. The PSS must provide a preliminary scope of an impact analysis containing a brief discussion of, among other things: the potential significant adverse environmental and health impacts of a proposed project; the extent and quality of information needed for the application to adequately address and evaluate each potentially significant adverse environmental and health impact; how the applicant proposes to avoid environmental impacts or mitigate unavoidable impacts; and reasonable and available alternative locations for the proposed facility, including a description of their comparative advantages and disadvantages.2 The PSS may serve as the basis for any stipulations, or agreements, between the applicant and stakeholders regarding the scope and methodology of the studies to be conducted for the formal application.3 Ultimately, based on the studies and information contained in the application, the Siting Board must determine whether to grant permission for an applicant to construct and operate a major electric generation facility and find, among other things, that: it will be a beneficial addition for the electric generation capacity of the state; it will serve the public interest; “the adverse environmental effects of the construction and operation of the facility will be minimized or avoided to the maximum extent practicable;” if there are “significant and adverse disproportionate environmental impacts” from a proposal, that “the applicant will avoid, offset, or minimize the impacts caused by the facility upon the local community for the duration that the certificate is issued to the maximum extent practicable using verifiable measures”; and 2 NY Public Service Law (“PSL”) § 163(1); 16 NYCRR § 1000.5(l). 3 16 NYCRR § 1000.5(j). 3 the Facility is designed to operate in compliance with applicable local laws concerning the environment and public health and safety that are not unduly burdensome.4 Comments on the Preliminary Scoping Statement for the Shepherd’s Run Solar Facility The Proposed Shepherd’s Run Solar Facility has the potential to significantly impact natural, agricultural and visual resources, among others. In order for the Siting Board to make the required findings, the application must fully assess such potential impacts along with sufficient avoidance and mitigation measures. The PSS contains very little information to help the public fully understand the range and size of potential impacts or be able to comment on the extent and quality of information that must be included in the application for the Siting Board to make its decision. However, we have identified the following potentially significant impacts that must be studied and assessed. Impacts to Water Resources The Facility has the potential to impact surface water resources, i.e., streams including floodplains, and wetlands. The PSS states that the Taghkanic creek, a designated inland waterway, is located in the center of the Project Area. In addition, there are multiple streams within the Project Area, and a majority of the streams identified on-site are NYSDEC Class C(T) and C (TS) classified. The PSS provides no significant information regarding the extent of floodplains or wetlands on the site, stating only that the applicant will use Best Management Practices to minimize and avoid impacts to the latter. Given these site constraints, designing a project layout that avoids and minimizes impacts to water resources (avoiding crossing of wetlands and streams by access roads, electrical infrastructure, and other facility elements) while achieving desired power generation potential may prove difficult. These considerations must be addressed in the application, including assessment of floodplain areas along with streams, both as habitats and as flood risk areas. Impacts to Forested Areas The PSS states that the site consists of mostly agricultural and forested land, and that the vegetative cover type within the Project Area consists primarily of deciduous forest (45.5%), pasture/hay (26.8 percent), cultivated crops (9.8%), woody wetlands (5.9%), and developed open 4 NY Public Service Law (“PSL”) § 163(3). 4 space (3.5%). Along with water resources, measures to avoid and mitigate impacts to forested areas must be fully assessed in the application. Impacts to Threatened, Endangered and Rare Species The PSS states that the application will study potential impacts to amphibians and reptiles, mammals and amphibian species. Indiana bat and bog turtle, endangered and threatened species, respectively, could potentially occur within the project area. In addition, The PSS states that the project area includes grasslands; and breeding bird and winter
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