New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.15 - Exhibit 14: Wetlands

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 14 shall contain:
(a) A map or series of maps showing
				  jurisdictional boundaries of all federal, state and locally regulated wetlands
				  and adjacent areas present on the facility site and within one hundred (100)
				  feet of areas to be disturbed by construction, including the interconnections,
				  as determined by the Office pursuant to section
				  900-1.3(e) of
				  this Part, and provide federal jurisdictional determination, if available. For
				  adjacent properties without accessibility, initial surveys may be based on
				  remote-sensing data, interpretation of existing wetlands and soils mapping,
				  observation from adjacent accessible properties, and current and historical
				  aerial imagery.
(b) Any reports
				  detailing the results of the delineation survey(s).
(c) A qualitative and descriptive wetland
				  functional assessment, including seasonal variations, for all delineated
				  wetlands that would be impacted for groundwater recharge/discharge, flood flow
				  alteration, fish and shellfish habitat, sediment/toxicant retention, nutrient
				  removal, sediment/shoreline stabilization, wildlife habitat, recreation,
				  uniqueness/heritage, visual quality/aesthetics, and protected species
				  habitat.
(d) An analysis of all
				  off-site wetlands within one hundred (100) feet beyond the limit of disturbance
				  that may be hydrologically or ecologically influenced by development of the
				  facility and the wetlands identified on the map required by subdivision (a) of
				  this section, observed in the field where accessible to determine their general
				  characteristics and relationship, if any, to delineated wetlands.
(e) If the Office has determined pursuant to
				  section 900-1.3(e) of
				  this Part that there are jurisdictional wetlands at the site, a demonstration
				  of avoidance of impacts to such wetlands and their one hundred (100)-foot
				  adjacent areas by siting all components more than one hundred (100) feet from
				  any delineated NYS wetlands.
(f) If
				  the applicant cannot avoid impacts to all wetlands and adjacent areas, an
				  explanation of all efforts the applicant made to minimize the impacts to
				  wetlands and adjacent areas identified during wetland surveys. The impact
				  minimization summary shall address the following criteria for each proposed
				  impact area:
(1) Why the facility design and
				  siting cannot avoid NYS wetlands and adjacent areas, as applicable;
(2) How the facility design has minimized
				  proposed impacts to NYS wetlands and adjacent areas, as applicable;
(3) How the facility design and siting
				  minimize impacts to NYS wetlands, or portions of the wetlands, and the function
				  and values currently provided by these wetlands; and
(4) How the facility design and siting will
				  maximize and/or improve the function and values provided by the remaining
				  adjacent areas surrounding the NYS wetlands.