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HomeMy WebLinkAbout18. Bomber Heights-Decom Plan 12.0-12.1 Decommissioning Plan – Bomber Heights Solar, LLC January 2025 Bomber Heights, LLC (The Company), has prepared this Decommissioning Plan (Plan) for its proposed solar photovoltaic facility to be constructed on private property located at 117 Troy Road, Ithaca, NY, tax map 49.-1-26.2. The Plan describes the process for decommissioning the Facility in accordance with state and local requirements. Facility Description The Facility will consist of a 5,000-kilowatt (or 5 megawatts, MW) alternating current (AC) capacity solar power-generating array, and a 5MW Energy Storage System secured within an NEC-compliant farm fence surrounding the solar panels and equipment, accessed through a locked gate located inside the property. Each Facility will include the following site features: • PV Modules, inverter(s), and transformer (filled with biodegradable mineral oil) • Combiner boxes and switchgear • Battery storage – Tesla Megapacks • Concrete pad(s) • Screw or driven piles and racking to support the PV modules • DC and AC wiring and conduit • A gravel access drive • Stormwater management features including swales • Landscaping • Exterior 8-foot agricultural fencing • A metal security gate at the entrance to the array area • Overhead utility lines and poles Stakeholders Role Contact Information Bomber Heights, LLC Asset Owner Attn: Bomber Heights 101 Summer St, Flr 2 Boston, MA 02110 Phone: 617.431.1440 Email: Legal@Nexamp.com Town of Ithaca – Codes Office Town Code Enforcement and Site Inspection Town of Ithaca Codes Office 215 N Tioga St Ithaca, NY 14850 Phone: 1 607 273 1721 Town of Ithaca – Planning Board Site Plan Jurisdiction Town of Ithaca Planning Board Chair 215 N Tioga St Ithaca, NY 14850 Phone: 1 607 273 1721 Town of Ithaca – Town Board Decommissioning Bond Holder Town Board 215 N Tioga St Ithaca, NY 14850 Phone: 1 607 273 1721 NYSEG Utility Operator Distributed Generation Office 18 Link Drive Binghamton, NY All listed stakeholders will receive a copy of the decommissioning plan when executed, and will receive revised copies when revisions are made. All subsequent changes to the Decommissioning Plan will need to be approved by the Town Board, and recorded with the County Clerk upon execution. Expected Lifetime Bomber Heights, LLC has a land lease agreement with the owner of the parcel in question for upwards of 40 years, and has permission to operate the system during that time. Panels are warrantied for 25 years, and the Company anticipates the replacement of inverters with equivalent models as necessary. The project is expected to operate for a bare minimum of 25 years, but is expected to operate for the full term of its lease with the landowner. Triggers and Notices Decommissioning plan will be implemented if the following circumstances occur, per guidance in the Town of Ithaca Local Law §270-219.1-C(4)(i)(i) • lack of production for six continuous months (or for 12 of any 18 months); • lack of a current local permit; • failure to maintain any required decommissioning bond or other security; and • a violation of any site plan conditions or permit conditions that continue more than 90 days after the Town provides written notice of such violation, providing the asset owner has commenced cures within 30 days of the written notice. If the asset owner does not commence cures within 30-days of notice, the plan shall be implemented and the bond shall be drawn upon. Every effort will be made to adhere to the decommissioning event criteria outlined above. However, the asset owner will have an opportunity for appeal for extension of the abandonment timeline with adequate proof that the delay can be attributed to supply chain, permitting, or labor issues outside of the owner’s reasonable control. Prior to the decommissioning plan execution, the asset owner will transmit an electronic notice followed by a hard copy letter to the Town Clerk and/or Code Enforcement Office in the event of any decommissioning, sale, transfer, or any event that may result in partial or complete decommissioning of the site. Notices will be delivered to the addresses below; Town of Ithaca Code Enforcement Office Email: codes@town.ithaca.ny.us 215 North Tioga St Ithaca, NY 14850 Decommissioning Plan The Facility will be decommissioned by completing the following major steps: Dismantlement, Demolition, and Disposal or Recycle; and Site Stabilization, as further described below. In addition to the tasks outlined below, Bomber Heights agrees that all Decommissioning obligations will be done in accordance with the the stricter of the Town of Ithaca’s Zoning Law, Local Law 10, 2023, Section 6; Construction Standards, hereto attached at Exhibit A to this agreement, and/or the NYS Department of Agriculture and Markets (NYSDAM) Guidelines, as set forth in the NYSDAM Guidelines for Agricultural Mitigation for Solar Energy Projects (Revised October 18th, 2019), Hereto attached as Exhibit B to this agreement, unless otherwise waived by the Town. Bomber Heights has the sole responsibility to remove the system per the terms of this agreement, and the terms of its lease agreement with the Rancich Family Limited Partnership. Should Bomber Heights be sold or transferred, all Decommissioning responsibilities will transfer to the owning entity. Bomber Heights will provide a surety to the Town to pay for the costs associated with Decommissioning the system, should the asset holder not fulfill its responsibility to Decommission the system as stated by the Town Law. Decommissioning timeline is anticipated to be about six months (180 days) and will be weather dependent, with extensions resulting due to the time of year and overall weather conditions as to not adversely affect the land or provide unsafe working conditions for site employees. Soil Decompaction and stabilization may prolong the decommissioning process due to seasonality of these activities and the need to protect soil from erosion. Dismantlement, Demolition, and Disposal or Recycle A significant portion of the components that comprise each Facility will include recyclable or re-saleable components, including copper, aluminum, galvanized steel, and modules. Due to their re-sale monetary value, these components will be dismantled, disassembled, and recycled rather than being demolished and disposed of. Typically, salvage value is taken into account when estimating net decommissioning costs. Nexamp has proceeded to omit those costs to alleviate concerns about recycling availability and market instability. Following coordination with NYSEG (“Utility”) regarding timing and required procedures for disconnecting each Facility from the utility distribution network, all electrical connections to the system will be disconnected and all connections will be tested locally to confirm that no electric current is running through them before proceeding. All electrical connections to the PV modules will be severed at each module, and the modules will then be removed from their framework by cutting or dismantling the connections to the supports. Modules will be removed and sold to a purchaser or recycler. In the event of a total fracture of any modules, the interior materials are silicon-based and substantially recyclable. Should disposal be necessary, disposal of these materials at a DEC-approved landfill will be permissible. The PV mounting system framework will be dismantled and recycled. The metal piles will be removed and recycled. All other associated structures will be demolished and removed from the site for recycling or disposal. This will include the site fence and gates, which will likely be reclaimed or recycled. Grade slabs will be broken and removed to a depth of four feet below grade, and clean concrete will be crushed and disposed of off-site or recycled (reused either on- or off- site). The portion of the gravel access road created specifically for the project, will be removed as well, or as otherwise required in the ground lease with the landowner. The Town of Ithaca is not a party to, and cannot enforce ground lease decommissioning or removal requirements. Aboveground utility poles owned by Bomber Heights, LLC will be completely removed and disposed of off-site in accordance with utility best practices. Any overhead wires will be removed from each Facility and will terminate at the utility-owned connections inside the property. Underground wires buried less than 4’ deep will be removed per Town of Ithaca regulations(§270-219.1-C(4)(i)(v). The access road will remain in place to the final utility-owned electrical poles and the Utility will be responsible for dismantling those overhead wires and poles under its ownership. Coordination with The Utility, personnel will be conducted to facilitate removal of any poles and overhead wires located on the site. A final site walkthrough will be conducted to remove debris and/or trash generated during the decommissioning process, and will include removal and proper disposal of any debris that may have been wind-blown to areas outside the immediate footprint of each Facility being removed. All solid and/or hazardous waste will be disposed of in accordance with local, state, and federal regulations. Should the Town have reason to suspect the contamination of soils on the property, following confirmation of said contamination by third party contractor, soils will be removed and disposed of in accordance with local, state and federal regulations. Road Removal All access road materials will be removed, and graded areas will be returned to grade using unless otherwise specified by the landowner. Regraded areas will be graded in such a way as to not inhibit the access or traversing of agricultural vehicles. Re-graded area will be seeded and stabilized with native species, or applicable seed mixes that substantially match surrounding areas immediately upon completion. Stormwater Feature Removal All stormwater features will be removed and regraded to establish and restore prior drainage patterns. Where appropriate, vegetation will be removed and all stormwater features will be filled. Regraded areas will be graded in such a way as to not inhibit the access or traversing of agricultural vehicles. Re-graded area will be seeded and stabilized with native species, or applicable seed mixes that substantially match surrounding areas immediately upon completion. Decompaction Any agricultural areas disturbed by construction or decommissioning activities shall be decompacted, restored and seeded in accordance with Section 270-291.1(G)(2)(c )(6)[e] of the Town Code. Screening Removal Removal of screening will be conditional based on Town feedback at the time of Building Permit Review. Without explicit town approval, all vegetative screening features will remain on site following decommissioning. Should removal be mandated, screening will be disposed of offsite in an appropriate manner. Where appropriate and necessary, soil depressions will be filled. Re-graded area will be seeded and stabilized immediately upon completion. Soil Management and Site Stabilization It is anticipated that the removal of the facility will cause disturbance of more than 5 acres, and will thus be subject to a SPDES permit and SWPPP. Erosion control measures will be designed and established with the Town at the time of Building Permit issuance. Per Town regulations, all agricultural areas shall be decompacted to a depth of 18” following removal of materials from the site. Rocks and large aggregate will be removed from site and topsoil replaced. The areas of each Facility that are disturbed during decommissioning will be re-graded to establish a uniform slope and stabilized via hydroseeding with a ground treatment approved by the Building Inspector. Environmental Monitoring Given the Project’s limits of disturbance is anticipated to be less than 50 acres, an environmental monitor is not required according to NYSDAM guidelines. Per the Town of Ithaca’s local law, a monitor would be required if prime soils existed on site, but as this is not the case we do not anticipate a local requirement for this oversight during active decommissioning. Instead, the asset owner will coordinate with the Town to hire a qualified environmental monitor who will consult on the restoration, and post-construction monitoring for no less than two years. Inspections shall take place in spring, summer and fall per Town Regulations. Permitting Requirements Given the size and location of each Facility, several approvals will be obtained prior to initiation of the decommissioning process. Table 1 provides a summary of the expected approvals if the decommissioning were to take place in April 2023. Noting that the decommissioning is expected to occur at a much later date, the permitting requirements listed in the table below will be reviewed at that time and updated based on then current local, state, and federal regulations. Table 1. Current Permitting Requirements for Decommissioning Permit Agency Threshold/Trigger State Pollutant Discharge Elimination System (SPDES) General Permit for Discharges from Construction Activity New York State Department of Environmental Conservation (NYSDEC) Ground disturbance of greater than 1 acre with discharge to wetlands or water bodies. Requires preparation of a Stormwater Pollution Prevention Plan, including erosion and sedimentation controls. Building Permit or Demolition Permit Town Building Department A building permit must be obtained for any construction, alteration, repair, demolition, or change to the use or occupancy of a building. Decommissioning Surety Proposal – Bomber Heights January, 2026 Consistent with the approach it has taken in other communities, Bomber Heights, LLC, offers to provide a decommissioning surety bond, to be posted prior at the commercial operation date, in the amount of $499,875.00, for decommissioning of the solar and BESS systems in the event that the company is unable to meet its contractual obligations for solar project removal and restoration. The decommissioning bond, of which Bomber Heights will serve as the principal and the Town of Ithaca shall serve as the as the obligee, starting at the commercial operation date, shall remain in place for the life of the system and for 18 months following the removal of the system. The Town shall have the right to draw on this bond should the Asset Owner not action and implement the decommissioning plan as stated herein. In developing the decommissioning surety bond, the company utilized recent decommissioning costs estimate from similar Community Solar and storage projects. The estimation leading to this rate is attached to this proposal as Exhibit B. These costs have been affirmed by our engineering partners at LaBella Associates. This bond will be reviewed every three years until which time the company’s decommissioning obligations have been fulfilled. Bomber Heights agrees to submit revised removal cost estimates to the Town and the bond company on three-year intervals. Posted bonds will reflect this estimate for the next three years, until which time the costs of removal are reassessed. The bond’s start date shall be the first month following the commercial operation date of the facility. The bond has no set term, and will remain in place for until 18 months following system removal. Below is a summary of the analysis: Project Size (MWAC) 5 Decommissioning 25% Adder $399,900.00 $99,975.00 Total $499,875.00 [Signatures on the following page] Bomber Heights, LLC agrees that if the surety is not renewed or cancelled it will forfeit its Certificate of Occupancy and right to continue to operate until a replacement surety has been posted. TOWN OF ITHACA, NY Authorized Signature: _________________________ Name: Title: Supervisor BOMBER HEIGHTS, LLC Authorized Signature: _________________________ Name: Title: EXHIBIT A – Town Of Ithaca Zoning Law, Solar Facilities [Attached] EXHIBIT B – Decommissioning Estimate Category Deco Total MODULES $37,500.00 BESS $37,500.00 MODULE MOUNTING $28,000.00 BOS EQUIPMENT $12,500.00 INVERTERS $12,000.00 DAS $2,000.00 ELECTRICAL - MATERIAL Array Wiring $12,500.00 MV overhead conductor & equipment $3,400.00 DC equipment $40,000.00 $25,500.00 LABOR Racking Removal $55,000.00 Module Removal $10,000.00 CIVIL FEATURE REMOVAL Access Roads & Laydown areas $55,000.00 Stormwater management features removal $17,500.00 Trenching & directional boring $10,000.00 Seeding / Hydroseeding $12,500.00 Equipment & Storage Pads $5,000.00 FENCING & GATE $14,000.00 CONSTRUCTION MANAGEMENT Permits $2,000.00 Environmental Monitor $4,500.00 General Conditions $3,500.00 TOTAL $399,900.00 EXHIBIT D – Decommissioning Certification [Attached] This Decommissioning Plan and Estimate for Bomber Heights Solar, LLC as prepared by Nexamp and LaBella Associates, dated January 2026, has been reviewed by a Professional Engineer licensed in the State of New York: Name and Title: Mufuta J. Tshimanga, PE, Civil Engineer Date: Issued 7/8/2026