The URL can be used to link to this page

Home My WebLink About05. Bomber Heights SEQR Lead Agency letter and responses DEPARTMENT OF PLANNING 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us To: Involved/Interested Agencies: Kellea Bauda, Administrative Director, Tompkins County IDA Katherine Borgella, Commissioner of Planning & Sustainability, Tompkins County Planning Dept. Nick Ensign, Director, Tompkins County Highway Department Dereth Glance, Regional Director, Region 7, N.Y.S. Dept. of Environmental Conservation David Maddox, Federal Aviation Administration Steven Metivier, Chief, Regulatory Branch, US Army Corps of Engineers Tim Sullivan, Biologist, US Fish & Wildlife Service From: Christine Balestra, Senior Planner Date: March 4, 2026 RE: Request for Concurrence in Lead Agency Designation – Bomber Heights Solar Project The Town of Ithaca Planning Board has received an application requesting site plan approval for the Bomber Heights Solar Project, as further described below. Description: The project involves consideration of site plan approval for the proposed Bomber Heights Solar large-scale community photovoltaic system project, located on Troy Road, between Coddington Road and King Road East, in the Low Density Residential Zone and Large-Scale Photovoltaic Solar Energy System Overlay District. The project involves installing a 5MWac single-axis sun tracking solar array system on approximately 31+/- acres of land, along with two inverter/transformer equipment pads, battery energy storage, new utility (NYSEG) poles, eight-foot-tall fencing, stormwater management facilities, access drive, and other site elements. This is a Type I Action under the State Environmental Quality Review Act (6 NYCRR Part 617) because the project involves: (1) an action that involves the physical alteration of 10 acres (617.4 (b)(6)(i). This is also a Type I Action under the Town of Ithaca Town Code Chapter 148, Environmental Quality Review because the project involves the authorization of industrial or commercial uses within a residential or agricultural district applying to a parcel of land of 10 or more acres (148.5.A (1). Tentative Date for Planning Board Meeting- Preliminary Site Plan Review and Environmental Determination: April 7, 2026 The Town of Ithaca Planning Board reviewed a sketch plan for this project and adopted a resolution indicating its intent to be the Lead Agency to conduct a coordinated environmental review pursuant to SEQRA and Chapter 148 of the Town of Ithaca Code on March 3, 2026. To coordinate review under 2 SEQRA, your Board or Agency has been identified as having “approval” authority over some aspects of this project. Concurrence with the designation of the Town of Ithaca Planning Board as Lead Agency and comments or concerns related to potential environmental impacts associated with the proposed actions are requested and should be sent prior to April 7, 2026. The materials for this project are a very large file, so they can be downloaded from the following link: PB packet- Bomber Heights Solar Sketch Plan.pdf If you have any questions regarding the above matter, please contact me at (607) 273-1721, extension 121, or by email at cbalestra@townithacany.gov. Att. cc: Lori Brewer, Chair, Town of Ithaca Conservation Board Ryan McCune, Vice President, Business Development, Nexamp Michael Moody, Fire Chief, Ithaca Fire Department Jennifer, Negus, Integrated Field Design, Ithaca, NYSEG Division of Environmental Permits 625 Broadway Albany, NY 12233-1750 | dec.ny.gov | DEPEnergy@dec.ny.gov | (518) 402-9167 KATHY HOCHUL AMANDA LEFTON April 2, 2026 Christine Balestra, Senior Planner Town of Ithaca Planning Board 215 North Tioga Street Ithaca, New York 14850 Emailed to: cbalestra@townithacany.gov Re: Lead Agency Coordination Response Bomber Heights Solar, LLC Solar Project Nexamp, Inc., d/b/a/ Bomber Heights Solar, LLC Tax ID # 49.-1-26.2 117 Troy Rd Ithaca, NY 14850 Dear Christine Balestra: This letter responds to your correspondence dated March 4, 2026, regarding lead agency coordination for the project referenced herein, under Article 8 (State Environmental Quality Review – SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The New York State Department of Environmental Conservation (NYSDEC) has the following interest in this project: Name of Action: Bomber Heights Solar, LLC Solar Project NYSDEC Contact Person: Matthew Dahlen, Environmental Analyst Trainee II SEQR Classification: Type I Unlisted Type II NYSDEC Position: Based on the information provided: NYSDEC has no objection to your agency assuming lead agency status for this action. NYSDEC wishes to assume lead agency status for this action. NYSDEC needs additional information in order to respond (see comments). NYSDEC cannot be lead agency because it has no jurisdiction in this action. Please notify NYSDEC immediately if the project/proposed action scope changes, or the EAF is revised. Possible NYSDEC Permitting Requirements A review of NYS protected resources near or within the project site was performed using existing GIS data (see enclosed NYS Resource Map). Please note that jurisdictional Bomber Heights Solar, LLC Solar Project April 2, 2026 Page 2 maps are meant to provide approximate sizes and locations of resources. Actual field conditions may vary from those depicted on the maps. The following provides a summary of potential State permitting requirements for the project based on the results of a protected resources review and project information submitted with your correspondence. Freshwater Wetlands Portions of New York State regulated freshwater wetlands, and their adjacent areas, may be located within the project area. It is recommended that the Applicant submit a request for a freshwater wetlands jurisdictional determination in order to determine whether the proposed work is located within state regulated freshwater wetlands or regulated adjacent area. A Freshwater Wetlands Permit pursuant to Article 24 of the New York State Environmental Conservation Law (ECL) would be required if the project were to impact state regulated freshwater wetlands or their 100-foot adjacent area. Information on wetlands, applying for jurisdictional determination, and the Article 24 permitting process can be located on our Freshwater Wetlands Program website at http://www.dec.ny.gov/permits/6058.html. Water Quality Certification It appears that federally regulated wetlands and/or waterbodies may be located on the project site. Work within certain wetlands and other waters of the U.S. may require a permit from the US Army Corps of Engineers (USACE). A Water Quality Certification, pursuant to Section 401 of the Federal Clean Water Act, may also be required from the NYSDEC if a USACE permit is issued. NYSDEC recommends that the Applicant contact the appropriate USACE District Office directly to discuss federal wetlands and waters of the U.S. regulatory jurisdictions and the potential permitting requirements for this project. Please refer to this NYSDEC website link www.dec.ny.gov/permits/6042.html#Water_Quality_Certification for more information on Water Quality Certifications, including procedures instituted in response to new USEPA rules. Protection of Waters Program Based on current GIS data, it appears that two class A streams are located on or along the subject parcel’s boundary. A stream with a water quality classification of AA, A or B, or with a classification of C with a standard of (T) or (TS), meaning trout or trout-spawning waters, is a protected stream under 6 NYCRR Part 608 – Use and Protection of Waters. If disturbance to the bed and/or banks of a protected stream will result from the proposed project, a Stream Disturbance Permit must first be obtained from the NYSDEC. If the proposed project involves excavation or fill below the mean high water (MHW) level in a Class C stream that is considered navigable according to 6 NYCRR Part 608.1(u), an Excavation and Fill Permit is required from the NYSDEC prior to commencing any work. SPDES General Permit for Stormwater Discharges from Construction Activities Any project which results in a disturbance of one acre or more of land, must be in compliance with the State Pollutant Discharge Elimination System (SPDES) Phase II Bomber Heights Solar, LLC Solar Project April 2, 2026 Page 3 regulations for Stormwater Discharges Associated with Construction Activities and obtain coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-25-001). Information regarding the SPDES General Permit for Stormwater Discharges can be found on the NYSDEC’s website at http://www.dec.ny.gov/chemical/8468.html. Please feel free to contact me by e-mail at matthew.dahlen@dec.ny.gov or by telephone at (518) 408-2441 if you have any questions. Sincerely, Matthew Dahlen Environmental Analyst Trainee II Encl.: Project Location & NYS Resources Map ecc: NYSDEC Region 7 Ç o o o o o o o o o o o o o o o o o o o o o o Northern Harrier Tompkins C755012Former Axiohm Facility C755012AOFF-SITE Former Axiohm Facility State Superfund Program Sixmile Creek Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Unnamed Water Buttermilk Falls NYS ITS GIS Program Office, NYS ITS Geospatial ServicesDivision of Environmental Permits Projection: NAD_1983_UTM_Zone_18N Date: 4/2/2026 Disclaimer: This map was prepared by the NYSDEC Division of Environmental Permits using the most current data available. It is deemed accurate but is not guaranteed. NYSDEC is not responsible for any inaccuracies in the data and does not necessarily endorse any interpretations or products derived from the data. PROJECT LOCATION MAP Nexamp, Inc., d/b/a Bomber Heights Solar, LLC Bomber Heights Solar, LLC Solar ProjectTax Map ID: 49.-1-26.2Town of IthacaTompkins CountyRegion 7³Legend o Regulated Facility Point Remediation Sites Remediation Site Borders Environmental Easements Ç Unconsolidated Mine Unprotected Stream Protected Stream NWI Wetlands Informational Wetlands BBA_Grassland_Birds_ET Agricultural Districts Archeological Sites of Sensitivity State ParksCategory State Park Potential EJ Area 0 2,000 4,000 6,000 8,0001,000 Feet 1 inch = 2,000 feet Project Site 1 Chris Balestra From:Maddox, David (FAA) Sent:Thursday, March 5, 2026 7:07 AM To:Chris Balestra Subject:RE: Lead Agency Notification- Bomber Heights Large-Scale Solar- Troy Road-Ithaca Follow Up Flag:Follow up Flag Status:Flagged Good morning, Thank you for the information regarding the proposed solar array. The FAA does not engage in environmental review; however, we will perform aeronautical study on the array when the project is ﬁled in accordance with 14 CFR Part 77. Thanks David Maddox Obstruction Evaluation Group (AJV-A5) AJV-A510 Team Manager From: Chris Balestra <CBalestra@townithacany.gov> Sent: Wednesday, March 4, 2026 3:10 PM Subject: Lead Agency Notification- Bomber Heights Large-Scale Solar- Troy Road-Ithaca CAUTION: This email originated from outside of the Federal Aviation Administration (FAA). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hi, Please see leer aached and link below for materials related to a large-scale solar project in the Town of Ithaca. The Town of Ithaca Planning Board has declared their intent to be the lead agency in the environmental review of the project and is requesng your concurrence, along with comments or concerns, by April 7, 2026. PB packet- Bomber Heights Solar Sketch Plan.pdf You don't often get email from cbalestra@townithacany.gov. Learn why this is important COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. April 3, 2026 Chris Balestra, Senior Planner Town of Ithaca Planning Department 215 North Tioga Street Ithaca, NY 14850 Re: Lead Agency Concurrence for Bomber Heights Solar Project Dear Chris Balestra: As an interested agency, the Tompkins County Department of Planning and Sustainability concurs with the designation of the Town of Ithaca Planning Board to act as Lead Agency for the environmental review for the above-mentioned project under the provisions of the State Environmental Quality Review Act. Thank you for the opportunity to participate in this review. Sincerely, Megan McDonald, AICP Deputy Commissioner of Planning and Sustainability