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HomeMy WebLinkAboutExpanded Environmental Assessment , I Expanded Environmental Assessment KCE NY 26 Project RECEIVED Proposed Battery Energy Storage JUN 10 2022 System (BESS) Project Southold Town Planning Board 10750 Oregon Road Cutchogue, New York 7 Town of Southold H2M Project No. KCEG 2101 MAY 2022 i , r Prepared for: Key Capture Energy 25 Monroe Street, Suite 300 Albany, New York 12210 i '. Prepared by: H2M architects + engineers r' 538 Broad Hollow Road, 4t' Floor East _ Melville, New York 11747 r � I j_ architects + engineers KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York TABLE OF CONTENTS 1.0 INTRODUCTION..............................................................................................................1 1.1 Project Description....................................................................................................................1 1.2 Introduction to KCE...................................................................................................................3 1.3 Project Purpose and Need........................................................................................................3 1.4 Site Setting................................................................................:................................................4 1.5 Construction Schedule ............:................................................................................................8 1.6 Operations and Maintenance ......................................................:............................................8 1.7 Decommissioning.........................................................................................................:..........10 1.8 Permits and Approvals............................................................................................................10 . 2.0 EXISTING CONDITIONS AND POTENTIAL IMACTS ASSESSMENT.........................11 2.1 Natural Resources...................................................................................................................11 2.1.1 Wetlands and Water Resources.........................................................................................11 2.1.2 Threatened and Endangered Species.................................................................................12 2.1.3 Critical Environmental Areas and Sensitive Habitats..........................................................13 2.2 Noise.........................................................................................................................................13 2.3 Visual Resources.....................................................................................................................16 2.3.1 Existing Conditions..............................................................................................................16 2.3.2 Potential Impacts of the Proposed Action...........................................................................18 2.4 Local Waterfront Revitalization Program (LWRP)................................................................22 2.5 Stormwater...............................................................................................................................22 2.6 Cultural Resources..................................................................................................................23 TABLES TABLE 1 Permits,Approvals and Coordination TABLE 2 Town of Southold Noise Ordinance TABLE 3 Noise Model Results (Residential Receptors) FIGURES FIGURE 1 Site Location Map FIGURE 2 Existing Land Uses Map FIGURE 3 Cutchogue Zoning FIGURE 4 Figure 5.1 Southold Town Comprehensive Plan APPENDICES APPENDIX A Full Environmental Assessment Form i KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York APPENDIX B Town of Southold Coastal Assessment Form (CAF) & Consistency with the Local Waterfront Revitilization Program (LWRP) APPENDIX C Example Decomissioning Plan APPENDIX D Natural Resources Report APPENDIX E Noise Modeling Study APPENDIX F Existing Conditions Photos and Visual Simulations ii KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York 1.0 INTRODUCTION 1.1 Project Description KCE NY 26, LLC (KCE) has prepared this Expanded Environmental Assessment (Expanded EA) and accompanying Full Environmental Assessment Form (FEAF) (Appendix A) to support its application to the Town of Southold for approvals including special exception, site plan, subdivision and others, to facilitate its proposal to construct and operate an approximately 60- megawatt (MV) Lithium-Ion Battery Energy Storage System Facility (BESS Facility) on one parcel located at 10750 Oregon Road, in the Hamlet of Cutchogue, Town of Southold, Suffolk County, New York (Proposed Action). The Proposed Action would be located on Suffolk County Tax Map (SCTM) Number 1000-083.00-03.00-006.100, which is approximately 27.04 acres in size (Proposed Action Site or Site). A Site Location Map is provided as Figure 1. NI 2 4 . Legend P„;oi8" SITE LOCATION MAP architects +--R..08" KCE NY 26 APRIL 2022 engineers A OF" FIGURE 1 LN Cswf 4r b.•10w��,]ON As part of the Proposed Action, KCE is proposing to construct a project substation, a point of interconnection (POI) substation on the subdivided portion of the Proposed Action Site and enter into an easement agreement with the Town to permit access to a 100 feet wide by 1,150 long area on an adjacent parcel (SCTM Number 1000-096.00-01.00-002.000) where a new overhead transmission line would be site and travel in a southeasterly direction to Middle Road, County Route (CR) 48. 1 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York The BESS Facility would be comprised of the following elements: 272 battery modules within containerized enclosures; 34 medium voltage transformer and inverter units located within their own respective containers to mitigate sound and visual impacts; a project substation with control building; a POI substation to be located on the subdivided 2.55 acre portion of the Site including an equipment enclosure; and new overhead transmission lines and utility poles traveling to CR 48 from the southeasternmost corner of the Site. Each BESS containerized enclosure will be approximately 30.7' long, 5.6' wide and 8.6' tall. Inverters will be sited adjacent to the battery containers and will be approximately 19.9' long, 8' wide and 9.5' tall. The containerized battery enclosures contain all heating, cooling, sensors, communication/control equipment, and specialized fire suppression systems necessary to support operation of the project. Components of the project substation include the following: lightning masts approximately 55.7 feet in height, feeder breaker bays approximately 28 feet in height, disconnect switches, bus supports, a main power transformer (MPT) to increase and decrease the voltage of the energy entering and leaving the BESS, circuit breakers, and an aluminum hard bus that will connect the project substation to the POI substation. Components of the POI substation include the following: lightning masts approximately 55.7 feet in height, disconnect switches, circuit breakers, bus supports, and two (2) A-frame feeder breakers approximately 28 feet in height. KCE and Public Service Electric and Gas Long Island (PSEG LI) on behalf of Long Island Power Authority (LIPA) will enter into an engineering, procurement and construction (EPC) agreement for pole and transmission utility line easement work and jointly oversee the process. Approximately 13 utility poles are planned for installation through the easement, two of which likely would be installed on CR 48. Each pole will span 150-180 feet through the easement. Utility poles associated with the transmission line on CR48 are expected to be at heights consistent with LIPA's existing transmission infrastructure there, (approximately 50-70-ft), however, the designs for this infrastructure are not available at this time. PSEG LI will have the final determination over the design and implementation of the transmission line and associated infrastructure and will determine construction materials, heights and construction methods. Site improvements are anticipated to include: improvements and minimal realignment of the existing .site access driveway to Oregon Road, construction of internal site driveways, installation of an approximately 12-feet high visual and sound barrier wall surrounding the BESS on its north, west and southern sides, chain link fencing around the perimeter of the BESS installations, project substation and POI substation, landscaping to the west and south of the BESS, and installation of a stormwater management system consisting of drywells and associated catch basins consistent with Town and NYSDEC standards. A total of approximately 11.00 acres of land disturbance is anticipated to occur during construction activities. The Proposed Action involves several discretionary approvals as shown in Table 1 below. Once construction is completed, the BESS Facility will operate unmanned and on a continuous basis 24 hours a day, seven days a week and 365 days a year. Operations and maintenance is discussed in further detail below and is expected to be conducted pursuant to a facility Operations and Maintenance Plan. The maintenance program will include daily and weekly remote inspections, plus monthly, quarterly or yearly on-site inspections as appropriate for specific components of the Proposed Action. In order to maintain optimal operating capacity, the maintenance program will include periodic augmentation of the system, tentatively starting in the third year of operations. This augmentation will consist of adding new battery containers and possibly medium voltage power conversion systems. KCE NY 26's system design in this 2 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York application depicts the footprint and equipment after all augmentation is completed throughout the project life. 1.2 Introduction to KCE KCE is an Albany, New York based energy storage developer, owner, and operator that focuses. on utility-scale BESS throughout the United States. KCE manages BESS projects throughout their lifecycle by identifying potential project sites, acquiring all required permits determined by the site's setting and jurisdiction, procuring the BESS equipment, overseeing construction, executing projects into full operation, and operating them throughout their useful life through decommissioning. As Long Island transitions to an energy supply, KCE's large-scale energy storage projects provide a solution to store energy safely and efficiently so it can be consumed on demand, its output can be controlled, and energy distribution can be regulated making the grid more flexible and reliable. With founders who have spent over a decade advancing utility- scale renewable energy projects into operations, KCE has assembled a unique team with a deep understanding of the market and a history of development achievements that have been a crucial part of New York's transformation into a clean energy leader. KCE relocated its headquarters from Houston, Texas to Albany, New York in 2018 in partnership with the University at Albany and the state's START-UP NY program, administered by Empire State Development. Since joining START-UP NY, KCE has more than doubled the size of its New York-based team, advancing the development of the Company's portfolio of utility-scale BESS projects throughout New York. To further support its efforts to integrate into the State, the company has hired several graduates from the State's University system and favors New York State-based suppliers and service companies. KCE developed, constructed, owns and operates the largest operational BESS in New York State, the 20 MW KCE NY 1 Facility in Stillwater, NY. KCE's operational 4.4 MW1 12 MWh BESS, KCE NY 3, was selected by Orange & Rockland Utilities (O&R) through its competitive Pomona Non-Wires Alternative (NWA) RFP to provide support for its Pomona load pocket in Ramapo, NY in October 2018. KCE NY 3 will enable O&R to delay building costly new peak-demand infrastructure while simultaneously increasing system reliability and reducing reliance on carbon-emitting resources. 1.3 Project Purpose and Need KCE NY 26 will support the Public Service Commission's Order Establishing Energy Storage Goal and Deployment Policy, which outlines statewide energy storage deployment goals of 1,500 MW by 2025 and 3,000 MW by 2030. Long Island's electric grid is rapidly changing in preparation of expected offshore wind generation and the retirements of existing fossil fuel peaker plants. The local grid will need fast-responding, flexible solutions like battery energy storage to accommodate these changes. KCE NY 26 will respond to intermittent grid fluctuations to enhance the power grid by charging during periods of excess generation and discharging during peak load hours. The Project will also enhance power grid reliability by providing ancillary services (e.g., voltage uplift) to the New York Independent System Operator (NYISO). _~ 3 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York In October 2020, Strategen Consulting LLC prepared the Long Island Fossil Peaker Replacement Study for New York Battery and Energy Storage Technology Consortium (NY- BEST)2. The study examined operations of Long Island's aging fossil-fueled power plants that operate primarily during peak times, and found that it is feasible and cost-effective to replace more than 2,300 MW of Long Island's 4,300 MW fossil-fueled peaker plants with energy storage over the next decade. It also found that approximately half of the peaker plants, around 1,100 MW, could be retired and replaced with energy storage by 2023. The remaining 1,200 MW could be replaced by 2030, in conjunction with New York State's plans to increase solar energy, energy efficiency measures, and offshore wind resources. Over the next decade, fossil peaker replacements could also save LIPA customers as much as $393 million and contribute to significantly reducing harmful air pollutants. PSEG LI released a request for proposals in April 2021 for up to 175 MW of bulk energy storage projects (i.e., project size greater than 20 MW) on Long Island. With the upcoming retirements of fossil fuel peaking plants, due to the New York State Department of Environmental Conservation nitrogen oxides regulations, and the increase in intermittent energy from offshore wind energy projects interconnecting on Long Island, PSEG LI has identified a need for quick responding, energy-dense resources such- as battery energy storage. PSEG LI specifically highlighted the need to deploy energy storage in the North Fork region in the RFP KCE NY 26 will support the Public Service Commission's order for deploying energy storage and LIPA in meeting its share of the NYS energy storage goals. 1.4 Site Setting The Proposed Action Site is located in the Hamlet of Cutchogue, Town of Southold. The Site is approximately 27.04 acres and is primarily developed with active agricultural uses and contains vacant/ overgrown agricultural fields. The northeastern portion of the Site is utilized for vehicle and equipment storage including but not limited to cars, trucks and boats. The Site also contains a mixed gravel and dirt road running the length of the property. Land uses adjoining the Site include Oregon Road, residential and agricultural uses to the west, a combination of residential and industrial uses to the northwest, a recycling facility to the north, the Town's Solid Waste Management facility to the northeast, east and southeast, and agricultural uses to the. south. Land uses that occur within % mile of the project site primarily include agricultural, industrial, commercial and residential uses in addition to waste management facilities. A.map depicting the Site of KCE NY 26 in relation to nearby existing land uses is provided in Figure 2. - 2 Long Island Fossil Peaker Replacement Study.Available from:h_ttps://www.strategen.ebm/strategen-blog/long-island-fossil-peaker- replacement-study.Accessed October 2021 4 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold, New York Legend �. architects EXISTING LAND USES KCE NY 26 APRIL 2022 engineers t coo' FIGURE 2 jA Feet The Site is zoned LI (Light Industrial) under the Town's Zoning Code, signaling the appropriateness of the proposed use as a public utility, which is allowed within the LI district by Special Exception of the Board of Appeals. Uses allowed in the LI zone also include for example agricultural operations, municipal and special districts buildings, wholesale businesses, private warehousing, public warehousing, building material storage and sale, and contractors' businesses or yards. The zoning district to the southwest of the site is Light Industrial Park/Planned Office Park (LIO) which allows generally similar uses to the LI district. See Figure 3 for a depiction of zoning districts located within the vicinity of the Site. 5 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York Cutchogue Zoning ar Legend QHamletCenter I Zoning Rd `` a AC Matfituck ` t � B 4 HB IA HD I Aw C oed46 S Peconic LB c r LI L10 U MI w i MII R-40 R R-400 P - •t � a �t 5ie R-80 9` FRO ; RR � 70V Protected a W"t Rd W Rd` Mason Or n New Suffolk r ARd 0 OS 1 MIN a E 3 l TMs map Is intended for general reference and discussion g Map Prepared by puryoses only,and 5 not to be used for surveyng,legal Town of Sourholtl GeoRaphic lntorrnetion System / Interpretatwn orlunstliCGonal boundaries or other precise y April 29.2016 purposes.No warranties are made.expressed or Implied Suffolk County Real Property Tex Service Agency concerning the accuracy,completeness,reliability.or PRFJS and Tare Map Copyright 2016. suitability for any other purposes of the data or Inforrnaoon s f' County of SuffoAc,NY Ilt corfained or fumtshad In cornea—herewith. Legend architects of}ge,�te CUTCHOGUE ZONING x KCE NY 26 APRIL 2022 y engineers FIGURE 3 538 amamal-Road o Meimile.MY 11747 6 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York Public policies applicable to the Proposed Action Site were reviewed. According to the NYSDEC Environmental Assessment Form (EAF) Mapper and the Suffolk County ArcGIS Viewer, the Site is located in a State designated agricultural district (SUFF001). The 2000 Southold Town Farm and Farmland.Protection Strategy Plana and Protected Lands Map within the Town of Southold4, indicate that the Site is not designated by the Town as protected farmland/ open space. Regional plans applicable to the site include the LI North Shore Heritage Area; this regional plan addresses a large swath of Long Island generally on the North Shore from the Long Island Expressway or State Route 25 (whichever is further south), north to the Connecticut line in Nassau and Suffolk Counties, and east to Orient Point. The LI North Shore Area Heritage Area goals are to preserve, protect, and enhance the cultural, historical, and natural resources which define the North Shore of Long Island and to promote responsible economic development of the area compatible within the historical and natural environments. The Proposed Action Site is within the New York State Coastal Zone Boundary and the boundary of the Long Island Sound Coastal Management Program. There are no New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) Historic Districts or areas of potential archeological significance on or adjoining the Proposed Action Site however two recently designated properties eligible for listing in the National/ State Registers of Historic Places are located adjacent to the property across Oregon Road to the northwest. The Town of Southold .has several planning initiatives that apply to the Town and the Site. The Site is located within the boundaries of the Town's approved Local Waterfront Revitalization Program (LWRP)s the policies of which promote balanced preservation, .enhancement and utilization of the valuable local waterfront resources along the Peconic. Estuary, Long Island Sound, Gardiners Bay and Block Island Sound (see Appendix B for assessment of the Proposed Action's consistency with the LWRP and the Town of Southold Coastal Assessment Form). The Town of Southold adopted an updated Comprehensive Plan in February of 2020, and the Plan contains the policies that will guide the future development of the Town. In 2005, Town of Southold issued a Hamlet Study for Cutchogue which was also reviewed for land use polices applicable to the Site. Neither the Comprehensive Plan nor the Hamlet.study contain site specific recommendation for the Proposed Action Site. Of additional local note is that the Town of Southold is a Climate Smart Community with goals to reduce greenhouse gases and establish other energy efficiencies in the Town' and that the Town has a Farmland Protection Strategy that designates specific parcels as protected open space and farmland but does not identify the Proposed Action Site in those protected categories. There are not locally or regionally designated Critical Environmental Areas on the Proposed Action Site. The Site is located over the Long Island Sole Source Aquifer (SSA) which encompasses the entire land area of Suffolk and Nassau counties on Long Island. a Southold Town Farm and Farmland Protection Strategy.Available from: htto://southoldtownny.gov/DocumentCenterNiew/65/Southold-Town-Farm-and-Farmland-Protection-Strategv?bidld=.Accessed February 2022. 4 Protected Lands within the Town of Southold.Available from: https://tos.maps.arcgis.com/apps/opsdashboard/index.html#/3ac26d57078041c5bcleea731fecf504.Accessed February 2022 5 Long Island North Shore Heritage Area Planning Commission.Long Island North Shore Heritage Area Management Plan. December 2006. 5 Town of Southold LWRP.Available from:https://docs.dos.nv.gov/opd-lwrp/LWRP/Southold T/Index.html.Accessed February 2022 Climate Smart Communities-Town of Southold.New York(southoldtownny.gov).Accessed January 2022 7 I KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York KCE believes that the Proposed Action Site is ideally suited for development as a BESS Facility due to: • Large site that can accommodate the BESS with large areas remaining undisturbed to buffer views of the BESS Facility from public viewpoints on Oregon Road and Depot Lane; • Position relative to existing utility infrastructure; • Lack of wetlands or waterbodies; • No critical environmental areas or significant natural communities identified on-site; • Position in proximity to retiring fossil generation and existing electricity loads; • Relatively flat topography with slopes less than 10 percent throughout more than approximately 87.70% of Proposed Action Site; 1.5 Construction Schedule The project is anticipated to be constructed in two phases. Specifically, the transmission easement work, POI substation, curb cuts / driveway upgrades along Oregon Road and LIPA's road easement to the POI substation will be constructed first and is anticipated to begin in the second quarter of 2024 and completed in 8-12 months. As discussed above, KCE and PSEG LI will enter into an engineering, procurement and construction (EPC) agreement for the associated transmission easement work and jointly oversee the process. The second phase includes construction of the BESS facility; KCE intends to directly manage the Project's Engineering, Procurement and Construction Phase (EPC) and will hire a Balance of Plant (BOP) contractor to complete the physical construction of this portion of the project. KCE is committed to Long Island-based construction firms and utilizing Long Island's local workforce. At this time, construction on KCE NY 26 is expected to begin during the fourth quarter of 2024 and will take approximately 6 to 9 months. The number of construction workers necessary on Site at any one time will vary, depending on the stage of construction. At the peak of construction, approximately 30 workers will be present. Construction parking will be located on the Site and will not impact traffic along the local roads. KCE will release a competitive BESS Request for Proposal (RFP) approximately 1 year prior to mobilizing for construction to assess battery technology improvements and industry consolidation, for which changes are expected as the industry matures. The Project is currently designed with a BESS and power conversion systems from Sungrow USA. KCE has significant 'experience with Sungrow and is currently building more than 300 MW from Sungrow which will be operational in 2022 spread across New York and Texas. 1.6 Operations and Maintenance KCE NY 26 is designed to be an unmanned facility that will be operated 'and monitored remotely by trained personnel, 24 hours per day, 7 days per week (24/7). The facility's Operation and Maintenance (O&M) Plan will be based on the O&M manual from the battery - and other equipment vendors. The O&M Plan will be compliant with the appropriate federal, state, and local laws and manufacturers' recommendations through their supplied O&M material. In addition, a Health, Safety, Environmental and Quality (HSEQ) Management Plan 8 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York will be in place providing a safe work environment for employees of KCE, contractors and visitors working at the Site. The Project O&M Manual will consolidate the necessary and prescribed maintenance schedules for the components in the system. The O&M will be led by KCE's ,O&M Manager and will likely be completed by a local firm with expertise in medium and high voltage electrical systems. The maintenance schedules will include work for on-site inspections and preventative maintenance. The schedule will include daily and weekly remote inspections, plus monthly, quarterly, or yearly on-site inspections as appropriate for specific components of the Project. Maintenance logs will be maintained and recorded for all appropriate work completed at the facility. This work will include: • Facility inspection, cleaning, and maintenance once a quarter; Electrical inspections once a quarter; • System calibration; • Power conversion system maintenance; 5 • Switchgear preventive inspection; • Medium voltage vacuum CB preventive inspection; • Protective relays preventive inspection; _ Substation transformers preventive inspection; • Fire alarm test and inspect; • System augmentation; and • Equipment replacement(as needed). KCE will select an O&M Contractor based upon the final BESS vendor and design used for the system. O&M will be managed by KCE directly.overseeing a qualified.third-party provider. The third-party provider may be the BESS integrator or another qualified service party. KCE will provide a copy of the O&M Plan to the Town of Southold to reference when the third-party provider is selected.- Utility-scale lithium-ion batteries slowly degrade over time, resulting in decreased capacity as the project ages. To ensure KCE NY 26 can maintain its full energy capacity throughout its operating life, KCE will augment the system periodically, tentatively starting in the third year of operations. This augmentation will consist of adding new battery containers and possibly medium voltage power conversion systems. KCE NY 26's system design in this application depicts the footprint and equipment after all augmentation is completed throughout the project life. To the extent possible, KCE will prepare the Proposed Action Site during initial construction (e.g., grading, foundations, access roads, noise mitigation walls, etc.) in anticipation of Project battery augmentation. The delivery and construction .during augmentation phases will be coordinated with the Town of Southold. 9 I KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York 1.7 Decommissioning KCE creates a decommissioning plan -prior to project commissioning and is updated throughout the Project's operational lifetime to adhere to current standards and take advantage of new industry insights. The decommissioning plan considers: 1. Regulatory compliance, including all end-of-life equipment handling and any battery recycling requirements; 2. On-site equipment and plan to decommission the facility; 3. Packaging and transport of batteries, specifically to ensure compliance with hazardous material transport laws; and 4. Record retainment for final compliance. Both pyrometallurgic and hydrometallurgic recycling options exist within the US today and will be considered for all end-of-life batteries to reduce environmental impact. An example Decommissioning Plan for a similar project has been included as Appendix C. 1.8 Permits and Approvals The Proposed Action requires the following permits and approvals: Table I —Approvals, Permits and Coordination Agency Permit or Approval Type Anticipated Application Date Town,of Southold` Ptannmg: SEQRA, Site Plan Approval,` , Spnng 2022 Spring 2022,,Spnng Board {� 4 StabdivisiorifApproval y .. Town of Southold-Zoning Special Exception Issuance, Spring 2022, Spring 2022, Board of Appeals Variance(s)for Max. Building Height for Proposed Lightning. Masts and Min. Side Yard Setback Town of Southold Site Plan Approval Referral (for Spring 2022(Dunrig Site Plan 'Architectural Review ,:_ architectural elements and Approval Process) Committee, impact on`surrountling t f' `'� i 1 k'. = 2, community) JN Town of Southold— Stormwater Management Control Spring 2022 (During Site Plan Engineering Department Plan Review Approval Process) Town of Southold­-Building Building Permit " . `; Q2,20-24'i Department. Town of Southold—Attorney's Easement Request on Town Spring.2022 Office Property Town,of'-Southold-Fire Review Plans forFire'Prevention./ Spring 2022 (During Site Plan".; " .Marshall Office : , NYS Fire Code Compliance Approval Process) Town of Southold—Highway Road Opening Permit Q2 2024 Department Suffolk'County Department of Subdivision,Appr°oval ' • . 8pring.2022. 10 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York i Health Services_(SCDHS) Suffolk County Department of 239F Q1 2024* Public Works(SCDPW) New York State Department of Storrnwater.'Pollution.P.revention Fall 2022 Environmental Conservation Plan (SWPPP) New York Independent System New York Independent System Interconnection request Operator(NYISO); Long Island Operator(NYISO) submitted April 2020. Power Authority (LIPA) Interconnection Agreement Interconnection Agreement anticipated to be signed Winter 2023-2024. New York State Office of Review ' Winter 2022 Parks,Recreation and Historic'. ,Preservation (OPRHP) *KCE and PSEG LI will enter into an EPC agreement for the associated transmission easement work and jointly oversee the process and therefore this timeline is approximate. 2.0 EXISTING CONDITIONS AND POTENTIAL IMPACTS ASSESSMENT 2.1 Natural Resources This section assesses the potential for the Proposed Action.to impact natural resources on the Proposed Action Site including wetland and water resources, threatened and endangered species, critical environmental areas, and sensitive habitats. These findings are based on the Natural Resources Report prepared by Land Use Ecological Services, .Inc. dated October 28, 2021, which is included as Appendix D. Natural resources were preliminarily screened by utilizing spatial data and published natural resources .databases. including the NYSDEC Environmental Resource Mapper (ERM), NYSDEC Tidal Wetland Inventory Maps, the NYSDEC EAF Mapper, the NYS Natural Explorer, USFWS NWI Mapper and the USFWS iPac. Subsequent to these preliminary screenings, field investigations were conducted on June 1, 2021, to confirm presence of potential natural resources on-site. 2.1.1 Wetlands and Water Resources According to the NYSDEC Environmental Resource Mapper, the NYSDEC Tidal Wetlands Inventory Maps and the UNFWS NW Mapper, no regulated wetlands or water resources were identified on or adjacent to the Proposed Action Site.. The closest wetland,resource is located approximately 0.50 miles north of the, Proposed Action Site. Further, a field inspection of the property was conducted on June 1, 2021 and it was confirmed that no wetland/ surface water resources, communities of wetland/ hydrophytic vegetation or indicators of wetland hydrology were observed. Based on this, there are no potential significant adverse impacts to wetlands or water resources anticipated. 11 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York . 2.1.2 Threatened and Endangered Species Wildlife The Proposed Action Site is in the vicinity of the potential presence of the Northern Long Eared Bat (NLEB) which is listed at the federal and state levels as a threatened species. According to records obtained from the New York Natural Heritage Program, there are two documented non- winter locations of instances of the NLEB within 1.25 miles of the Proposed Action Site and bats may travel 1.5 miles or more from documented locations. The main impact of concern with respect to NLEB is the removal of potential roost trees. Minimal tree removal is proposed as part of the Proposed Action and it is confined to two areas; the first area is located in an overgrown field portion of the Site, within its southeastern section. Trees here are generally sparse and shrubs and overgrown vegetation will also be removed. The other area of minor tree removal tree is located at the Site access driveway which will be subject to minimal realignment requiring small trees and shrubs be removed from this location. In order to comply with NYSDEC guidance intended to minimize potential impacts to the NLEB, all tree clearing on the property must be completed between December 1 — February 28. No Article 11 (Incidental Take of Threatened/ Endangered Species) permit from the NYSDEC is required for the project if all tree clearing can be accomplished between December 1 — February 28. It is anticipated that clearing will be confined to these timeframes. There is a small-forested areas on the subject property, including a 2.0-acre forest patch on the northeast portion which may provide suitable daytime roosting sites from NLEB due to the presence of mature hardwood trees, such as oaks and hickories, with potential cavities and exfoliating bark. However, no tree removal is proposed from this area and therefore no impacts from that tree removal is anticipated. Plant Species Per the NY Nature Explorer, listed or protected species include Bushy Rockrose (Crocanthemum dumosum, NYS- Threatened), Velvety Bush Clover (Lespedeza stuevei, NYS- Threatened) Woodland Agrimony (Agrimonia rostellata, NYS Threatened). It should be noted that, although these plants are listed as threatened in New York State, plant species on private property are not protected from incidental take by the landowner, and therefore no Article 11 permit would be required from NYSDEC. Importantly, however, these species are not expected to be impacted by the Proposed Action based on the following: • Bushy Rockrose - A field investigation was conducted on June 1, 2021 to determine if this species is present on the Proposed Action Site. Bushy rock rose_was not observed on the,subject property. • Velvety Bush Clover - this species is not expected to be present on the site as typical habitat for this species is not present on the subject property, no Lespedezas or common associates were observed during field investigations, and the existing record for this species is from 1919. 12 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York ' Woodland Agrimony- this species is not expected to be present on the site as no Agromonia sp. were observed on the subject property during field investigations and the existing record for this species is from 1932. Considering the lack of protected plant species or rare ecological communities, and that no protected species were identified during the field survey, the Proposed Action does not represent,a significant adverse impact to these resources. 2.1.3 Critical Environmental Areas and Sensitive Habitats According to the NYSDEC EAF Mapper, the Site is not located on or adjacent to any Critical Environmental Areas (CEAs). Further, according to the NYS Nature Explorer and USFWS iPAC databases, there are no sensitive habitats present on, or within close proximity to the Site. Based on this, there are no potential significant adverse impacts to CEAs of sensitive habitats anticipated. In conclusion, due to the lack of wetlands, water resources, CEAs and sensitive habitats on and in the vicinity of the Site, and with the tree removal to occur within the NYSDEC established timeframes, no significant adverse impacts to natural resources anticipated. i 2.2 -- Noise This section assesses the potential for noise impacts associated with the implementation of the -` Proposed Action. These findings are based on the Noise Evaluation prepared by Acentech, Inc. dated April 19, 2022, which is included as Appendix E. The assessment is based on the following guidance documents: 1) the noise code of the Town of Southold, and 2) Assessing _. and Mitigating Noise Impacts, a New York State Department of Environmental Conservation (NYSDEC) guidance document(DEP-00-1). The assessment utilized Cadna/A modeling software to calculate projected noise levels based on operations of the Proposed Action.Site equipment and evaluated these at the Site property line and nearby sensitive receptor locations. 2.2.1 Existing Conditions Town of Southold The Town of Southold noise ordinance.limits sound levels at the property line of the receiving property based on the time of day, the sound source category, and the receiving property. category. The relevant.project limits are provided in Table 2. 13 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York Table 2—Town of Southold Noise Ordinance Sound ' Weekday Time.of Day Limit, Sound dBA , :Time:of Day Limit, dBA Sunday to Thursday 7:00 am—7:00 pm 65 7:00 pm —7:00 am 50 i Friday to Saturday 7:00 am — 11:00 65 11:00 pm—7:00 am 50 m Sources:Town of Southold noise ordinance.Available from:hftps://ecode360.com/i 5368809.Accessed April 2022. New York State The NYSDEC guidance document, Assessing and Mitigating Noise Impacts, outlines thresholds from noise changes resulting from projects subject to SEQRA. The document states that increases from 0-3 dBA should have no appreciable effect on receptors, increases of 3-6 dBA may have the potential for adverse impact only in cases where the most sensitive of receptors are present, and increases of more than 6 dBA may require a closer analysis of the impact potential depending on existing noise levels and the character of.surrounding land use and receptors. Background Ambient Noise Conditions The guidance document suggests that one can assume a background sound level of 45 dBA for a "quiet, seemingly serene setting" which would describe this project area. Qualitative estimates were provided to assess the impact of the Proposed Action based on this assumed ambient noise condition per the NYSDEC guidance. For this requirement, sound levels were evaluated at the nearest residential abutters to KCE NY 26. Six residencies were identified within the closest proximity to the Proposed Action Site. Figure 2.of Appendix E shows the receptor locations. 2.2.2 Potential Impacts of the Proposed Action - The Proposed Action contains several types of noise producing equipment including 272 battery units, 17 inverters, one main power transformer and two HVAC units. The baseline design of the BESS is surrounded fully to the west and partially to the north and south by sound barrier walls that are 12 feet high above the ground. The sound barrier is shown in Figure 3 of Appendix E. There is an opening for site access (-20 ft) to the west. It is assumed the opening will be provided with a chain-link gate; for the assessment, this was modeled as an opening between the two sides of the wall seen in Figure 3 of Appendix E. The project only sound levels were calculated at each receptor which were combined with the assumed ambient sound level of 45 dBA to estimate future sound levels with the Proposed. Action in place. The increase over assumed ambient at the six residential receptor's locations were also determined. See Table 3 for a summary of these.findings. 14 F KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York Table 3—Noise Model Results Residential Receptors) Residential° ` Assumed Calculated - I Expected Receptor Ambient Project Only Combined Future J Increase . '(dBA)`,` 'Sound.Level Sound-Level -over ., .( dBA _ �� (dBA)** Ambient : . dBA. R-1 34 45 0 R-2 35 45 0 R-3 45* 35 45 0 ' R-4 39 46 1 R-5 31 45 0 R-6 28 45 0 *Per NYSDEC Program Policy as notes above. ** Noise levels are added logarithmically.' Figure 4 of, Appendix E shows the 50 to 85 dBA sound_ contours for night operation. As presented in Table 2 above, the Town of Southold nighttime sound,limit is 50 dBA. It was- calculated that the 50 dBA sound limit is expected to be exceeded at the property line however, this excess is no more than 5 dB at the property line and the 50 dBA contour would not endure more than 250 feet past the property line. This exceedance is for the nighttime only as Proposed Action sound limits would be well under the daytime noise ordinance requirement of 65 dBA. 2.2.3 Conclusions Project noise levels will not exceed the Town of Southold's nighttime residential noise limit of 50 dBA at neighboring residences; noise levels at these locations are expected to remain 4-5 dBA below the nighttime code limit. Further, based on the assumed background sound level of 45 dBA, Proposed Action noise levels at residential receivers will only increase the sound levels at a single nearby residential receiver by no more than 1 dBA. This falls into the NYSDEC category wherein "No appreciable effects on receptors" is expected. At the property line, it is expected that background noise levels would increase by 5 dBA, which falls into the NYSDEC category of "may have potential for adverse noise impact only in cases where the most sensitive of receptors are present." Given the agricultural use of land at this property line, it is expected that the receptor is not in the "most sensitive" category, and therefore adverse noise impacts are not expected. Considering the above, no significant adverse impact to noise is anticipated. 15 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York 2.3 Visual Resources A visual assessment has been conducted to determine the potential for visual impacts associated with the implementation of the Proposed Action. The assessment is based on the guidance contained within the NYSDEC Visual Impact Assessment Methodology "Assessing and Mitigating Visual Impacts" (DEP-00-2). Four visual simulations have been prepared to present a conceptual view of conditions with the Proposed Action in place. Visual simulations locations 1-3 were chosen at locations providing the most direct views of the Proposed Action Site including the areas where the BESS Facility would be located. Existing conditions photos and visual simulations are included in Appendix F. Assessment of existing conditions and potential impacts of the Proposed Action at each visual simulation location is discussed below. 2.3.1 Existing Conditions The visual character of the Site is generally rural in nature, dominated by a large multi-acre open views of farm fields containing generally flat topography. There is a mixed gravel/ dirt access driveway in the vicinity of the Site's northeastern boundary. From Depot Lane the view of the Site is of large open.fields containing grass and other crops and generally flat topography. Vehicles and equipment stored on the northeastern area of the Site can also be observed from Depot Lane. Large trees located on a parcel adjoining the Site to the southwest block the view of the southeastern portion of the Site from Depot Lane. The Site is not currently visible from CR 48 which is the closest public vantage point to the southeast. The visual character of the Proposed Action Site's immediate environs near its frontage with Oregon Road is characterized by local roadways with low to moderate traffic, large lots, open agricultural fields mixed with farmhouse style single-family residential homes, large storage buildings and flat topography. Generally, land uses that occur within Y2 mile of the project site primarily include agricultural, industrial, commercial and residential uses in addition to waste management facilities. State or Federal aesthetic resources in the vicinity of the Site include two properties that have been determined by the State Historic Preservation Office (SHPO) as eligible for listing on the National or State Register of Historic Places; these are located at 10426 and 10625 Oregon Road directly to the west of the Site. There are no other State or Federally designated aesthetic resources such as nation landmarks, parks, wildlife refuges, wild and scenic rivers, Scenic Areas of Statewide Significance or National Heritage Areas within '/Z mile radius of the Site. Locally important aesthetic resources within Y2 mile of the Site include CR 48 to the southeast; CR 48 include views of the Atlantic Ocean, beaches and maritime life, and passes through a series of wineries, expansive farms and wild wetlands. There is no publicly owned or operated parkland, recreation area or designated open space on, or within % mile of the Site. There are no public sidewalks accessing the Proposed Action Site. Views of the-Site are from, private residential properties, agricultural land and industrial development in its immediate area. Generally, views of the Site are expected to be transient in nature from Oregon Road and Depot Lane drivers. These would include local residents and employees accessing homes and businesses and visitors to the hamlet utilizing local roadways. 16 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York Existing Conditions Location 1: View from Oregon Road and Depot Lane Intersection Looking East Existing Conditions Location 1 (Location 1) is located near the intersection of Oregon Road and Depot Lane looking east, providing a view of the Site's southwestern property line. The area directly surrounding Location 1 is generally residential and agricultural in nature with large multi- acre lots vegetated with grasses or crops, flat topography and low to moderate traffic along Oregon and Depot Roads. Generally, structures in and around this viewpoint range from 1-2 stories in height, with modern farmhouse architectural style and associated outbuildings. The residential properties' frontages are occupied with grass areas, sporadic trees, landscaping and driveways. Wooden utility poles and overhead power lines are present from this vantage point along the northeastern right-of-way of Oregon Road. There are currently no other major ground- level elements (e.g., mature trees, landscaping, fencing) between this vantage point and the Proposed Action Site that provide screening/barriers. Existing Conditions Location 2: View from Oregon Road Looking Southeast Existing. Conditions Location 2 (Location 2) provides a view of the Proposed Action Site from Oregon Road approximately 1,015 feet southwest of its intersection with Dignan's Road. This vantage point is located in front of the two properties that have been determined by the State Historic Preservation Office (SHPO) as eligible for listing on the National or State Register of Historic Places. The area directly surrounding Location 2 is generally residential and agricultural in nature, with large multi-acre agricultural lots, as well as a storage facility located in the immediate vicinity to the north and low to moderate traffic along Oregon Road. Residential structures in the area range from 1-2 stories in height and contain associated outbuildings. As referenced, Location 2 is located directly in between two buildings that have been determined by the State Historic Preservation Office (SHPO) as eligible for listing on the National or State Register of Historic Places. According to the Cultural Resources Information System (CRIS), one of the eligible buildings is a water tower/tankhouse and is a two-story, one- bay frame building with tapered walls covered in shingles and a shallow pyramidal roof. The other eligible building is characterized by a nineteenth century vernacular saltbox farmhouse architectural style. Other residential buildings in the immediate vicinity of Location 2 are also characterized by a similar farmhouse architectural style. The residential properties' frontages are occupied with grass areas, sporadic trees, landscaping and driveways. Wooden utility poles and overhead power lines are present from this vantage point along the northeastern right-of- way of Oregon Road. Existinq Conditions Location 3: View from Depot Lane Looking Northeast Existing Conditions Location 3 (Location 3) is- located along Depot Lane looking northeast, providing a view of the Site's southwestern 'property line. Depot Lane from this vantage point is characterized by views of large and, flat multi-acre farm fields. Wooden utility poles and overhead power lines are present at this location and a storage facility located adjoining the Proposed Action Site to the north is visible in the distance. Large trees located on a parcel adjoining the Site to the southwest block the view of the southeastern portion of the Site at Location 3. Location 3 is directly adjacent to a property adjoining the Site to the southwest that is inventoried by the Society for the Preservation of Long Island Antiquities (SPLIA) as a historic structure of regional importance. 17 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutch'ogue,Town of Southold,New York ' I 2.3.2 Potential Impacts of the Proposed Action Four visual simulations were prepared for the locations described above to demonstrate conceptual views of the Site with the Proposed Action in place. These locations were chosen to demonstrate areas adjacent to the Proposed Action Site where views of the Proposed Action will be most prominent. For visual simulations locations 1-3, the visual and sound barrier wall ("barrier"), plantings, building structures and electrical components associated with the Proposed Action are simulated as part of this analysis. Proposed Action Visual Simulation Location 1: View from Oregon Road and Depot Lane Intersection Looking East l Proposed Action Visual Simulation Location 1 (Simulation Location 1) shows that specific Proposed Action features including electrical components (lightning masts, and an' A-frame feeder breakers), landscaping, and the new 12"barrier wall.are visible modifications to the Proposed Action Site from this vantage point. Other BESS facility components including the battery modules enclosures, transformers, inverter units, control components of the new project substation/ POI substation, the new control building, and the equipment enclosure are lower in height than the barrier wall and landscaping and are not readily visible from Simulation Location 1 Hedgerow plantings are proposed around the barrier wall to serve as a visual buffer that fits with IJ the area's surrounding context. A hedgerow typically consists of a mixed row of wild shrubs and trees bordering a road or field. They often mark property boundaries as well as enclose or separate areas with specific uses. The hedgerow planting will utilize large leafed deciduous trees with strong branching character and broadleaf evergreen plantings for year-round effect. IIn addition, as shown in Simulation Location 1, the height and color of the barrier wall appears generally consistent with the initial landscaping to be installed. The BESS Facility substantially exceeds the 100 foot minimum front yard setback requirements in the existing zoning district by siting the facility approximately 1,138 feet from Oregon Road; this substantial setback results in distant views of the lightening masts and A-frame from Simulation Location 1, greatly reducing their visual prominence. Further, the southeastern portion of the Site where-the new project substation and POI substation will be located is slightly lower in elevation compared to the northwestern portion of the Site, further diminishing the prominence of the project/ POI substations' electrical components from this vantage point. The multi-acre grassed and open field that is currently prominent on-site is expected to remain, contributing to the consistency of the Proposed Action with existing visual conditions. Due to the extensive set back distance from public viewpoints; addition of a barrier wall to enclose the BESS and appurtenant structures,, the installation of new plantings, and the continued ' prominence of open vistas on the Site, the Proposed Action is not expected to result in a significant adverse impact to visual conditions when compared to the existing conditions at IVisual Simulation Location 1. Proposed Action Visual Simulation Location 2a-b: View from Oregon Road Looking Southeast (Leaf-on Conditions) As discussed in Existing Conditions Location 2, this vantage point is located in front of the two properties that have been determined by the State Historic Preservation Office (SHPO) as 18 V _- KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York eligible for listing on the National or State Register of Historic Places. As part of SHPO's review of the Proposed Action they have requested visual simulations be prepared that provide a view of the Proposed Action Site from the eligible structures which depict the proposed landscaping . with leaf-on and leaf-off conditions. Proposed Action Visual Simulation Location 2a (Simulation Location 2a) depicts the Proposed Action Site and the proposed landscaping with leaf-on conditions, and Visual Simulation Location 2b (Simulation Location 2b) depicts the Proposed Action Site and the proposed landscaping with leaf-off conditions. Simulation Location 2a Simulation Location 2a shows that specific Proposed Action features including electrical components (lightning masts, A-frame feeder breakers, utility poles and transmission lines), landscaping, and the new 12" barrier wall are visible modifications to the Proposed Action Site 1 from this vantage point. Other. BESS facility components including the battery modules enclosures, transformers, inverter units, control components of the new project substation/ POI substation, the new control building, and the equipment enclosure are lower in height than the barrier wall and landscaping and are not.readily visible from Simulation Location 2a. - Hedgerow planting is proposed as a visual buffer that fits with the area's surrounding context, and will utilize large leafed deciduous trees with strong branching character and broadleaf evergreen plantings for year-round effect. As discussed above, Simulation Location 2a depicts _ the proposed landscaping with leaf-on conditions which is representative of the view of the Site during late spring, summer and early fall months. The height and color of the barrier wall appears generally consistent with the initial supplemental landscaping to be installed. Both the inclusion of new landscaping and new barrier wall will provide visual screening. Due to the siting of the BESS with substantial setbacks to public vantage points views of the Proposed Action features from Simulation Location 2a are distant, reducing their contrast to the surrounding context. The multi-acre grassed and open field that is currently prominent on-site is expected to remain, contributing to the consistency of the Proposed Action with existing visual conditions from this vantage_point. Simulation Location 2b Similar to Simulation Location 2a, Simulation Location 2b shows that specific Proposed Action features including electrical components (lightning masts, A-frame feeder breakers, utility poles and transmission lines), landscaping, and the new 12" barrier wall are visible modifications to the Proposed Action Site from this vantage point. Other BESS facility components including the battery modules enclosures, transformers, inverter units, control components of the new project substation/ POI substation, the new control building, and the equipment enclosure are lower in height than the barrier wall and landscaping and are not readily visible from Simulation Location 2b. Hedgerow planting is proposed as a visual buffer that fits with the area's surrounding context, and will utilize large leafed deciduous trees with strong branching character and broadleaf evergreen plantings for year-round effect. As discussed above, Simulation Location 2b depicts the proposed landscaping with leaf-off conditions which is representative of the view of the Site during winter, early spring and late fall months. In comparison to Simulation Location 2a, Simulation Location- 2b shows that leaf-off conditions results in ra more obvious view of the barrier wall. However, even with leaf-off conditions, the inclusion of new landscaping and new barrier wall will provide visual.screening. - 19 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York 4 -~ The BESS Facility substantially exceeds the 100-foot minimum front yard setback requirements in the existing zoning district by siting the facility approximately 1,138 feet from Oregon Road; this substantial setback results in distant views of the lightening masts, A-frame feeder breakers and utility poles and transmission lines from Simulation Location 2, greatly reducing their visual prominence. Further, the southeastern portion of the Site where the new project substation and' POI substation will be located is slightly lower in elevation compared to the northwestern portion of the Site, further diminishing the prominence of these electrical components from this vantage point. The southeastern portion of the Site is also closest to other industrial uses adjoining the Site to the east and southeast. The multi-. acre grassed and open field that is currently prominent on-site is expected to remain, contributing to the consistency of the Proposed Action with existing visual conditions. Due to the extensive set back distance from public viewpoints, addition of a barrier wall to enclose the BESS and appurtenant structures, the installation of new plantings, and the continued prominence of open vistas on the Site, the Proposed Action does not represent a significant adverse impact to visual conditions when compared to the existing conditions at Location 2 either in leaf-on or leaf-off conditions. . Proposed Action Visual Simulation Location 3: View from Depot Lane Looking Northeast Proposed Action-Visual Simulation Location 3 .(Simulation Location 3) shows that specific Proposed Action features including' one lightning mast, landscaping, and the new 12" barrier wall are visible modifications to the Proposed Action Site from this vantage point. The northeastern portion of the Site is higher in grade compared to the southwestern portion of the Site; due to these differences in grade, BESS facility components including the tops of battery module enclosures located towards the northeastern portion of the Site are slightly visible from this vantage point. As discussed above, hedgerow planting is proposed as a visual buffer that fits with the area's surrounding context and will utilize large leafed deciduous trees with strong branching character and broadleaf evergreen plantings for year-round effect.' The height and color of the barrier wall appears generally consistent with the initial supplemental landscaping to.be installed. The BESS facility exceeds the 20-foot minimum. side yard setback requirements in the existing zoning district by siting the facility approximately 69 feet from the Site's southwestern property line and greater than 1,000 feet from Depot Lane; this substantial setback results in distant views of the lightening mast and battery modules'enclosures, greatly reducing their visual prominence. Other proposed structures including additional lighting.masts, A-frame feeder breakers, utility poles and transmission lines, the new control building, and the equipment enclosure will not be visible from this vantage point as they are sited on the southeastern portion of the Site which is lower in grade compared to other areas of the Site. In addition, large trees located on a parcel adjoining the Site to the southwest block the view of the southeastern portion of the Site from Depot Lane. The multi- acre grassed and open field that is adjoining the Site to the southwest and is currently prominent from this vantage point is .expected to remain, contributing to the consistency of the Proposed Action with existing visual conditions. y, Due to the extensive set back distance from public viewpoints, addition of a barrier wall to enclose a majority of the BESS and appurtenant structures, the installation of new, plantings/ 20 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York existing trees to remain, and the continued prominence of open vistas on the. Site, the Proposed Action does not represent a significant adverse impact to visual conditions when compared to the existing conditions at Visual Simulation Location 3. In addition to Visual Simulation Locations 1-3, a transmission line through a utility easement requested on the adjacent property to the southeast is also proposed to be constructed8. Approximately 13 utility poles are planned for installation through the easement, two of which likely would be installed on CR 48. Each pole will span 150-180 feet through the easement; the ground surface elevation through the easement is approximately 15-25 feet below CR 48 existing grade and therefore, this would diminish the visual prominence of the transmission line through the easement from CR 48. Utility poles associated with the transmission line on CR48 are expected to be at heights consistent with LIPA's existing transmission infrastructure there, (approximately 50-70-ft), however, the designs for this infrastructure are not available at this time. As discussed above in Section 1.1, LIPA will have the final determination over the design and implementation of the transmission line and associated infrastructure and will determine construction materials, heights and construction methods. In conclusion, although the Proposed Action will be visible from public vantage points surrounding the Site.this is not expected to result in a significant adverse impact to visual resources. As shown in the simulations and due to the many design features incorporated into the project to minimize potential visual impacts including extensive set back distance from public viewpoints, the siting of electrical components on south easternmost portion of the Site closest to other industrial uses, addition of a barrier wall to enclose the BESS and appurtenant structures, and installation of new plantings and the consistency of proposed utility pole and line infrastructure, the Proposed Action will expected to be aesthetically compatible with the surrounding environment. a At this time, utility pole and transmission line final design has not been completed by PSEG LI and therefore, specific heights and materials of these utility features cannot be known. For the purposes of this assessment,the utility poles are assumed to be constructed at heights consistent with existing utility infrastructure on CR 48 where they will connect to the existing utility poles and the transmission line currently located on that right-of-way. 21 i KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York 2.4 Local Waterfront Revitalization Program (LWRP) In accordance with Town of Southold Local Waterfront Revitalization Program (LWRP), a Coastal Assessment Form (CAF) and accompanying supplement have been prepared. These documents are included in Appendix B and support the Proposed Action's consistency with the applicable LWPR policies. 2.5 Stormwater Construction activities that result in greater than or equal to. 1 acre of land disturbance must comply with the requirements of the NYSDEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001 or General Permit). As discussed above in section 1.1, a total of approximately 11.00 acres of land disturbance is anticipated to occur during construction activities under the Proposed Action. In consideration of this, KCE will prepare a Stormwater Pollution Prevention Plan (SWPPP) compliant with the General Permit and Chapter 236 of the Town of Southold Code and submit a Notice of Intent (NOI) to the NYSDEC. . Further, a Stormwater Management Control Plan (SMCP) for the construction activity will be prepared and submitted to the Town's Stormwater Management Officer per Chapter 236 of the Town Code. Two weekly SWPPP inspections will be required under GP-0-20-001 during the construction phase of this project and will help to ensure that erosion and sedimentation controls are functioning as designed to minimize the potential for significant adverse impacts from stormwater runoff during construction. To manage post construction stormwater flows from the BESS Facility, a system of catch basins and drywells is proposed.' Catch basins located throughout the development will capture runoff and convey stormwater to drywells designed to infiltrate stormwater into the subsurface soils, thus preventing off-site transport of stormwater runoff for the design storm. It should be noted that the catch basins proposed on the upstream end of the stormwater management systems will be provided with sumps that will capture larger debris, preventing debris build-up within the drywells that could diminish the infiltration capacity of these features. Dry wells are green infrastructure practices that provide infiltration of stormwater and may be used to satisfy the treatment objectives required per NYSDEC guidance. The drywell system would.be designed to exceed the Town of Southold standard for management of a 2-inch design storm event. The stormwater management system has been designed to meet the sizing criteria of the New York State Stormwater Management Design Manual, including Water Quality Volume (WQV), Runoff Reduction Volume (RRv), Channel Protection Volume (Cpv), Overbank Flood control (Qp) and Extreme Storm control (Qf) sizing criteria. Utilization of infiltration practices (drywells) emulates natural stormwater runoff mitigation by allowing stormwater to infiltrate into on-site soils. The hydrology and hydraulics of the development site and stormwater management practices have been modeled to demonstrate no net increase in stormwater runoff leaving the developed project site when comparing pre and post construction conditions, thereby demonstrating compliance with Stormwater Management Design Manual Qp and Qf sizing criteria. The Proposed Action would include presence of chemicals and its design incorporates several features to mitigate potential discharges of these chemicals to the environment. Specifically, a total of + /- 22,455 gallons of dielectric/ cooling fluid.for the transformers and +/- 70,176 kg of lithium-ion fluid encased within the BESS. The dielectric/ cooling fluid'will arrive pre-sealed in the medium voltage and main transformers and the lithium-ion fluids will be pre-sealed within 22 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York each individual battery unit within the containers. Chemicals on-site will not be diminished during operations or require replenishment. In addition, the battery enclosures, transformers and the project and POI substation equipment will be installed on concrete foundations; these on- grade concrete pads will minimize the potential for infiltration into impervious surfaces or transport via, stormwater runoff. In addition, detailed design of the Proposed Action is not currently completed, however, as this proceeds, it is expected that secondary containment for the main power transformer and medium voltage transformers fluids will be designed and. implemented. With the implementation of a SWPPP that would manage construction and post construction flows and design elements which mitigate potential discharges of chemicals to the environment including concrete foundations and secondary containment, no potential significant adverse impact to stormwater is anticipated. 2.6 Cultural Resources According to the SHPO Cultural Resources.Information System (CRIS), the Proposed Action is not located within districts or structures that are listed on the National or State Register of Historic Places or sites that have been determined to be eligible for the National or State Register. As part of SHPO's review of the Proposed Action, they have determined structures in proximity to the Site including, B.H. Corwin House at 10425 Oregon Road, and the Water Tower / Tank house at 10625 Oregon Road, are eligible for listing on the National or State Register of Historic Places. According to CRIS, the B.H. Corwin House is eligible for listing under Criterion C in the area of architecture as a rare example of a nineteenth century vernacular saltbox farmhouse, and Water Tower/ Tank house is eligible for listing under Criterion A in the area of agriculture as an example of the regional pattern of water tower and tank house construction on the North Fork of Long Island. The BESS Facility features are set back more than 1,000 feet from the Site's frontage with Oregon Road where these properties are located diminishing the BESS Facility prominence from those locations. The visual barrier wall and landscaped vegetated buffer further diminish the BESS Facility prominence from these historic resources. Visual simulations have been prepared to illustrate the BESS Facility's finished appearance and these are presented in Appendix F and discussed in Section 2.3. Simulation Location 2 is located between these historic resources and demonstrates that the view of the facility would not be intrusive at these properties. The Town of Southold also has extensive locally designed historic resources. According to Figure 5.1 Cultural Resources Map in the Town of Southold's Comprehensive Plan (provided as Figure 4 below), the Proposed Action Site does not contain cultural resources designated by the Town such as lighthouses, significant trees, mile markers, cemeteries, museums, state/ national historic register districts and/ or properties, or land inventoried by the Society for the Preservation of Long Island Antiquities (SPLIA). One property adjoining the Site to the southwest and one property adjoining the Site to the northwest are inventoried by SPLIA as historic structures of regional importance. SPLIA is a 501c3 not-for-profit organization committed to preserving Long Island's cultural and architectural heritage through advocacy, education, and stewardship of historic sites and collections. 23 KCE NY 26 Proposed BESS Project Expanded Environmental Assessment Cutchogue,Town of Southold,New York FIGURE 410 Excerpt from the Town of Southold Comprehensive Plan Proposed Action SHe Q8»+alha'su v • ;.yxwr �;.n..v+ - ,r Q i.n+u+q o.w sy.,yyA.has �Ya+•• � � ". . bgn.•FMx WYrvt .4n%Hwv Nm.•+iwpan'v stRy.- '. I �+IS'.h arse A.r+erti 9ie+%•Yuu•rn•_a O+WI I .�r»inry tiw•rr�nn..e.s+. The property adjoining the Site to the southwest currently contains agricultural uses including a residential structure and agricultural storage facilities and is zoned Light Industrial Park/Planned Office Park District (LIO). The property adjoining the Site to the northwest currently contains residential uses on Oregon Road's frontage, with agricultural uses towards the rear of the property and is zoned Agricultural Conservation District (AC). Considering the adjoining property to the southwest is zoned LIO and a visual barrier wall and landscaped vegetated buffer will be installed, the view of the BESS facility is not expected to be intrusive at this property (see Proposed Action Visual Simulation Location 3: View from Depot Lane Looking Northeast in Appendix F for reference). As discussed in Section 2.3, the BESS Facility substantially exceeds the setback requirements in the existing zoning district by siting the facility approximately 1,138 feet from Oregon Road. Considering the property adjoining the Site to the northwest that is inventoried by the SPLIA will be over 1,138 feet away from the BESS structures and a visual barrier wall and landscaped vegetated buffer will be installed, the view of the BESS facility is also not expected to be intrusive at this property. According to CRIS, the Proposed Action is not within an area designated as a buffer area sensitive for archaeological sites on the SHPO archeological site inventory. SHPO is currently reviewing the Proposed Action and has not indicated that the potential for archaeological resources requires study. In consideration of the above, no potential significant adverse impacts are anticipated to historic or archeological resources from the Proposed Action. 10 This figure is reproduced from the Town of Southold's Comprehensive Plan, Figure 5.1 24 f=7 APPENDIX A Full Environmental Assessment Form Part I -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably-available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: KCE NY 26 Project Location(describe,and attach a general location map): 10750 Oregon Road,Cutchogue,New York 11935.(SCTM Number 1000-083.00-03.00-006.100) Brief Description of Proposed Action(include purpose or need): KCE NY 26,LLC(KCE)is seeking special exception,site plan,and subdivision approvals,among others,to facilitate its proposal to construct and operate an approximately 60- megawatt(MW)Lithium-ion Battery Energy Storage System Facility(BESS Facility)consisting of the following elements:battery modules within containerized enclosures;medium voltage transformer and inverter units located within their own respective containers to mitigate sound and visual impacts;a project substation with control building;a POI substation to be located on the subdivided 2.55 acre portion of the Site including an equipment enclosure;and new overhead transmission lines and utility poles traveling to CR 48 from the southeasternmost corner of the Site through an easement requested from the Town of Southold.The containerized battery enclosures contain all heating,cooling,sensors, communication/control equipment,and specialized fire suppression systems necessary for the operation of the Project.Site improvements are anticipated to include:improvements and minimal realignment of the existing site access driveway to Oregon Road,construction of internal site driveways,installation of an approximately 12-feet high visual and sound barrier wall surrounding the BESS on its north,west and southern sides,installation of chain link fencing around the perimeter of the BESS installations,construction of a project substation and POI substation,installation of landscaping to the west and south of the BESS,and installation of a stormwater management system consisting of drywells and associated catch basins consistent with Town and NYSDEC standards.KCE NY 26 will support the Public Service Commission's goal for deploying energy storage in the State of New York(1,500 MW by 2025 and 3,000 MW by 2030),will respond to grid fluctuations by charging during periods of excess generation and discharging during high demand,and will improve grid reliability.A more detailed project description is included in the Expanded EA Section 1. Name of Applicant/Sponsor: Telephone:516-279-2955 KCE NY 26,LLC E-Mail: phi].denara@keycaptureenergy.com Address:25 Monroe Street,Suite 300 City/PO:Albany State:New York Zip Code:12210 Project Contact(if not same as sponsor;give name and title/role): Telephone:516-279-2955 Phil Denara,Senior Manager E-Mail: phil.denara@keycaptureenergy.com Address: 25 Monroe Street,Suite 300 City/PO: State: Zip Code: Albany New York 12210 Property Owner (if not same as sponsor): Telephone: 631-734-6807 F.McBride&Sons LLC E-Mail: attys@larkandfolts.com Address: 10415 Oregon Road City/PO: Cutchogue State: New York Zip Code:11935 Page 1 of 13 1 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) - Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Counsel,Town Board, ❑Yes®No or Village Board of Trustees b.City,Town or Village ®Yes❑No SEQRA,Site Plan Approval,Subdivision Approval Spring 2022,Spring 2022,Spring 2022 Planning Board or Commission c.City,Town or ®Yes❑No Special Exception Issuance,Variance for Max.Building Spring 2022,Spring 2022 Height for Proposed Lightning Masts and Min.Side Yard p g p g Village Zoning Board of Appeals Setback d.Other local agencies OYeS❑NO FireMarshaiiOrfice-ReviewPlansforFirePrevention]NYSFireCodeCompiiance; Spring 2022(During Site Plan Approval Process),Spring _ Are ateaemlReviewCommittee-Sit,PlanApprevaiRereral;Engineering Department- (During Site Plan Approval Process);Spring(During Site Stermwater Managment Control Plan Review;Building Department-Building Permit;Attorney's Office,_Easement Request on Town Property;Highway Dept-Road Opening Permit Plan Approval Process);Q2 2024;Spring 2022;Q2 2024 e.County agencies Oyes❑No Suffolk County Department of Health Services(SCDHS)- Spring 2022;Q1 2024' Subdivision Approval;Suffolk County Department of Public Works SCDP -239F f.Regional agencies ❑Yes®No , or ate epartmen o nvuonmenta onserva on ' Fall 2022;Winter 2022;Request made April 2020 g.State agencies ®Yes❑No New York State Office of Parks,Recreation and Historic Prservalion(OPRHP)- q p Review;Long Island Power Authority(LIPA)-New York Independent System (anticipated to be signed Q4 2023/Q1 2024) h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No U. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No iii. Is the project site within.a Coastal Erosion Hazard Area? ❑Yes®No 'KCE and Public Service Electric and Gas Long Island(PSEG LI)will enter into an engineering,procurement and C.Planning and honing construction(EPC)agreement for the associated transmission easement work and jointly oversee the process C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ❑YesoNo only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes❑No where the proposed action would be located? . If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑YesVINo** would be located? *The2020 Southold Town Comprehensive Plan and 2005 Town of Southold Hamlet Study were reviewed;no specific eco mm. datio s forthe Proposed Ac ion Plan were discussed b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway; ®Yes❑No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): NYS Heritage Areas:Ll North Shore Heritage Area As noted above,the Town of Southold has a LWRP. c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑YesmNo*** or an adopted municipal farmland protection plan? —The 2000 Southold Town Farm and Farmland Protection Strategy Plan and Protected Lands Map If Yes,identify the plan(s): within the Town of Southold were reviewed.The Proposed Action Site is not designated as protected land.Town Scenic Byway Corridor Management Plan(2001)applies to CR 48. Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? LI-Light Industrial b. Is the use permitted or allowed by a special or conditional use permit?Use allowed via Special Exception from Board ®Yes❑No of Appeals c.Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, i. What is the proposed new zoning for the site? CA.Existing community services. a.In what school district is the project site located?Mattituck-Cutchogue Union Free School District b.What police or other public protection forces serve the project site?. Southold Town Police Department c.Which fire protection and emergency medical services serve the project site? Cutchogue Fire District d.What parks serve the project site? There are no parks within a 1/2 mile radius of the project site. D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? Utilities(Battery Energy Storage System) b.a.Total acreage of the site of.the proposed action? 27.04 acres b.Total acreage to be physically disturbed? 11.00 acres c.Total acreage(project site and any contiguous properties)owned 'The applicant has executed a purchase option or controlled by the applicant or project sponsor? 27.04• acres agreement with the current property owner to purchase the Proposed Action Site. c.Is the proposed action an expansion of an existing project or use? ❑Yes®No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ®Yes❑No If Yes, L Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) A portion of the existing lot will be subdivided to house a new point of interconnection(POI)substation. ii.Is a cluster/conservation layout proposed? ❑Yes®No iii.Number of lots proposed? 2 iv. Minimum and maximum proposed lot sizes? Minimum 2.55 Maximum 24.49 e.Will the proposed action be constructed in multiple phases? ®Yes❑No i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated 2 • Anticipated commencement date of phase 1 (including demolition) Q2 month 2024 year • Anticipated completion date of final phase Q3 month 2025year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases:The first phase of construction includes the following:transmission easement work construction of POI substation,curb cuts/driveway upgrades along Oregon Road,and LIPA's road easement to the POI substation.This work is anticipated to begin in the second quarter of 2024 and ill be completed in 6-9 months Page 3 of 13 f.Does the project include new residential uses? ❑Yes®No If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ®Yes❑No If Yes, i.Total number of structures 308* ii. Dimensions(in feet)of largest proposed structure: 13.5** height; 20 width; and 50 length iii. Approximate extent of building space to be heated or cooled:' 52,446`*` square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, L Purpose of the impoundment: ii. If a water impoundment,the principal source of the water: ❑ Ground water❑Surface water streams ❑Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v.Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock;wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,`operations,or both? ®Yes❑No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite). If Yes: i.What is the purpose of the excavation or dredging?Installation of drainage ii. How Much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? S Volume(specify tons or cubic yards): 4,200 CY • Over what duration of time? 1 month X.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. Materials to be excavated will mostly include native sands.These materials will be stockpiled Excess material will be removed off-site by the contractor. iv. Will there be onsite dewatering or processing of excavated materials? ❑YesoNo If yes,describe. v. What is the total area to be dredged or excavated? 1.60 acres vi. What is the maximum area to be worked at any one time? 1.60 acres vii. What would be the maximum depth of excavation or dredging? 25 feet viii. Will the excavation require blasting? ❑Yes®No ix. Summarize site reclamation goals and plan: Once drainage infrastructure is installed excavated areas will be graded and stabilized with gravel pavement or grass seeding in certain areas Once completed,the Site will operate as a Battery Energy Storage System Facility. b.Would the proposed action cause or result iri alteration of,increase or decrease in size of,or encroachment ❑Yes®No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: L Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): *Total.number of structures include new BESS system enclosures(272 units),new inverter/transformer units(34),a new substation control building and a new POI station equipment building. **The tallest building structure will be approx.13.5 feet in height.However,the proposed lightning masts will be+/-55.7 feet in height. ***Square footage includes structures that will be cooled including BESS enclosures(via liquid cooled pump systems),inverter/transformer containers(via forced air- cooling systems)and project substation control building(via HVAC unit). Page 4 Of 13 H. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes,describe: iv. Will the proposed action cause or result in the.destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed:. • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v.Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? ❑Yes EZ]No If Yes: L Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ❑Yes❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv..Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes®No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? E]Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? El Yes❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes❑No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No - If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ®Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: L.How much impervious surface will the project create in relation to total size of project parcel? Square feet or 4.91 acres(impervious surface) Square feet or 27.04 acres(parcel size) ii. Describe types of new point sources.New driveways,and roofs of proposed substation control building,equipment building,BESS containers and inverter/transformer units. iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? A system of new drywells and associated catch basins would be constructed to manage protect generated stormwater runoff on-site These facilities will be designed in accordance with applicable Town and NYSDEC SWPPP requirements. • If to surface waters,identify receiving water bodies or wetlands: N/A • Will stormwater runoff flow to adjacent properties? ❑Yes®No iv. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ®Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes®No combustion,waste incineration,or other processes.or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N2O) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) Tons/year(short tons)of Hazardous Air Pollutants(HAPs) .Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes®No landfills,composting facilities)? If Yes: L Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): iii. Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? ❑Yes ONo v If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within'/z mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes®No for energy? If Yes: N/A-the project is proposed as a public utility use.Detailed site design to i. Estimate annual electricity demand during operation of the proposed action: calculate this information has not yet ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): X. Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes❑No 1.Hours of operation. Answer all items which apply. L During Construction: ii. During Operations:** • Monday-Friday: 7am-4pm • Monday-Friday: 24/7 Utility Use • Saturday: 7am-4pm • Saturday: 24/7 Utility Use • Sunday: N/A • Sunday: 24/7 Utility Use • Holidays: N/A • Holidays: 24/7 Utility Use **BESS will be remotely monitored and operate generally unmanned aside from periodic maintenance visits as discussed in the attached Expanded Environmental Assessment"Project Description"section. Page 7 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ®Yes❑No operation,or both? If yes: L Provide details including sources,time of daily and duration:During construction,heavy equipment will be utilized for grading and equipment installation.These operations will be temporary during construction period only. uring operations,it is expected that background noise levels would increase by 5 dBA at the property line and would not exceed more than 250 feet past the property line Further,proiect noise levels will not exceed the Town of Southold's nighttime residential noise limit of 50 dBA at neighboring residences. It is estimated project noise levels would result in an increase of less than or equal to 1 dBA at the closest residential receivers compared to ambient noise levels. H. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes®No Describe: Minimal tree and shrub removal is proposed along the site access driveway from Oregon Road.Removal of small trees/shrubs on the southern portion of the Site where the BESS will be located is also proposed.A sound and visual barrier will be installed on the western and half of the northern/southern sides of the BESS. n.Will the proposed action have outdoor lighting? ®Yes[]No If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: Detailed lighting design details have not yet been finalized.However,exterior lighting will be installed and will be limited to lights required for security and emergency situations/nighttime repairs.All lighting will comply with applicable Town regulations.Nighttime lighting will only be used during emergencies. H. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes®No Describe: Minimal tree and shrub removal is proposed along the site access driveway from Oregon Road.Removal of small trees/shrubs on the southern portion of the Site where the BESS will be located is also proposed.A sound and visual barrier will be installed on the western and half of the northern/southern sides of the BESS. o.Does the proposed action have the potential to produce odors for more than one hour per day? []Yes®No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ®Yes❑No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: *Total anticipated volume of chemicals to be present on-site includes +'_22,455 gallons of dielectric/cooling fluid and+/-70,176 kg of lithium-ion L Product(s)to be stored Lithium-Ion electrolyte and dielectric/cooling fluid. fluid encased within the BESS and transformers ii. Volume(s) per unit time* N/A** (e.g.,month,year) —Chemicals on-site will not be diminished during operations or require replenishment. iii. Generally,describe the proposed storage facilities:The dielectric/cooling fluid will arrive on-site pre-sealed in the transformers.The lithium-ion fluids will be pre-sealed within each individual battery unit within the containers. q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ®No*** insecticides)during construction or operation? ***The landscaped hedgerow will be planted with predominantly native vegetation. If Yes: Undisturbed area is currently anticipated to be seeded with native vegetation.Treatments i.Describe proposed treatment(s): should not be required unless infestation occurs. H. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ®No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ®Yes ❑No**** of solid waste(excluding hazardous materials)? If Yes: ****The project is proposed as a L Describe any solid waste(s)to be generated during construction or operation of the facility: public utility use.Solid waste estimates have been included • Construction: 8.75 tons per 1 month (unit of time) where available. • Operation- N/A tons per N/A (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: Removal of materials during construction includes 6.06 acres of agricultural grasses and 3.29 acres of brushlands/small trees.These materials will potentially be sent to an adjoining facility to be composted.However,management of these materials will be the responsibility of the contractor. • Operation: N/A-the Proposed Action will not generate solid waste.The proposed BESS will operate unmanned. iii.Proposed disposal methods/facilities for solid waste generated on-site: • Construction:The contractor will be responsible for disposal of solid waste at appropriately licensed facilities. • Operation: N/A-the Proposed Action will not generate solid waste.The proposed BESS will operate unmanned. Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes® No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes®No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv.Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ElUrban ® Industrial ® Commercial_ ® Residential(suburban) ❑Rural(non-farm) ❑ Forest ® Agriculture ❑ Aquatic ® Other(specify):Solid Waste Management Facilities H. If mix of uses,generally describe: According to the Suffolk County GIS Viewer,existing land uses that occur on the project site and are directly adjoining the project site include the following:agricultural uses(on site), waste handling and management uses(adioinina to the north east and southeast) agricultural uses(adioinina to the south) a mixture of agricultural and residential uses(adioinina to the west)and residential uses (adjoining to the northwest).After review of the Suffolk County GIS Viewer and Google Earth maps,land uses that occur within%mile of Site primarily include agricultural,industrial,commercial and residential uses. b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious surfaces 1.63 6.54 +4.91 • Forested 2.06 2.06 0.00 • Meadows,grasslands or brushlands(non- 9.53 agricultural,including abandoned agricultural) • Agricultural 15.61 -6.08 (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) • Non-vegetated(bare rock,earth or fill) • Other Brushlands/small trees 4.52 1.23 -3.29 Describe: Overgrown grass/abandoned agricultural 3.22 3.22 0.00 Landscaped areas(new plantings and seeded 0.00 4.46 +4.46 grasses) Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? ❑Yes®No L If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes®No day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: e.Does the project site contain an existing dam? ❑Yes®No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide'date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ®Yes❑No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: "one formally closed landfill,and two active solid i.Has the facility been formally closed? waste management facilities adjoin the project site. ®Yes❑No* • If yes,cite sources/documentation: NYSDEC Environmental Remediation Database details for Site Code 152062(Southold Landfill) ii. Describe the location of thero'ect site relative to theboundaries of the solid waste management facili�r: The former Southold Landfill adjoins the projectllte to the southeast:the facility operated from 1951 and formally closed in 1593. The Town hasp an active solid waste manaoempnt facility which is comprised of a francfer station and a rnmpcf farility Thp arfivp solid wasfp managpmpnt farility N nrlJnJnmnq The pr j'ert cite Tn fhp southeast and east,and is adjacent to the former Southold Landfill.North Fork Recycling Inc.adjoins the project site to the north. iii. Describe any development constraints due to the prior solid waste activities: A portion of the proposed transmission line will be located over the former landfill site.As a result,no utility poles are proposed in this area nor will any electrical components be installed in such a wav that would affect the closed landfills cap. g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: L Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ®Yes❑No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ®Yes❑No Remediation database? Check all that apply: ® Yes—Spills Incidents database- Provide DEC ID number(s): 0111306(adjoining the Site to the southeast) ® Yes—Environmental Site Remediation database Provide DEC ID number(s): 152062(adjoining the Site to the southeast) ❑ Neither database ii. If site has been subject ofRCRA corrective activities,describe control measures: N/A iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®Ne* If yes,provide DEC ID number(s):152062 iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): See below." "Although the NYSDEC EAF Mapper aulopopulated a"no"response, after furtherview of the NYSDEC DECinfo Locator Mapper and Spill Incidents Database,remedial actions and a reported spill occured at an adjoining Site to the southeast.Details on the remediation site and spill case are described below. According to the NYSDEC DECinfo Locator Mapper,Site Code 152062(Southold Landfill)is adjoining the Site to the southeast.The facility accepted municipal and domestic wastes,demolition and landscaping debris,and cesspool/septic tank wastes starting in 1951 and closed in 1993.Phase I and Phase II investigations were completed and based on the information contained in the investigation reports,the wastes disposed at this site were not hazardous waste,and analytical data did not confirm the presence of documented hazardous waste on site.The Town of Southold currently maintains a transfer station on this site which accepts household and commercial garbage and recyclables,in addition to a yard waste compost facility that accepts leaves and brush for disposal.According to the NYSDEC Spill Incidents Database,a spill occurred at the Southold Landfill in Feb.2002 and consisted of 10 gallons of gasoline(Spill Number 0111306).The spill case was closed in Feb.2002 as the necessary cleanup and removal actions were completed. Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? ❑Yes®No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: o • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? goo feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c.Predominant soil type(s)present on project site: Haven Loam(HaA and HaB) 75.9 % The remaining Plymouth loam coarse sand(PIA and PIC) 21.7 % 0.2%of soils on- Riverhead sany loam(RdA,RdB and RdC) 2.2 % site includes Made land(Ma). d.What is the average depth to the water table on the project site? Average: 51 feet e.Drainage status of project site soils:® Well Drained: 100%of site ❑ Moderately Well Drained: %of site I ❑ Poorly Drained %,of site f.Approximate proportion of proposed action site with slopes: ® 0-10%: 87.7 %of site ® 10-15%: 12.3 %ofsite I ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes®No If Yes,describe: h.Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes®No ponds or lakes)? l! ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes®No If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes®No state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes®No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑YesZNo j.Is the project site in the 100-year Floodplain? ❑Yes mNo k.Is the project site in the 500-year Floodplain? ❑YesmNNo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ®Yes❑No If Yes: i.Name of aquifer:Sole Source Aquifer Names:Nassau-Suffolk SSA Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site: Expected species:eastern gray squirrel, &common suburban bird species such eastern cottontail,common raccoon, as cardinals,blue jays,sparrows and white tailed deer,chipmunk,opossum finches. n.Does the project site contain a designated significant natural community? ❑YesoNo "Yes: i.Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: iii.Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ®Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened): Northern Long-eared Bat(New York and Federal Status—Threatened).See below for further details` p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes®No special concern? If Yes: i. Species and listing: I q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ®Yes❑No Agriculture and,Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number:SUFF001 b.Are agricultural lands consisting of highly productive soils present? ®Yes❑No L If Yes:acreage(s)on project site?23.68 acres(87.60%of project site) ii. Source(s)of soil rating(s):United States Department of Agricultural Natural Resources Conservation Service Web Soil Survey c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: L Nature of the natural landmark: ❑Biological Community ❑ Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: ii. Basis for designation: iii.Designating agency and date: "Correspondence from the New York Natural Heritage Program indicated that the subject property occurs within 1.25 miles of known,non-winter location for the northern long-eared bat(Myotis septentrionalis).The small forested areas on the northeast portion of the Site may provide suitable daytime roosting sites for northern long-eared bat due to the presence of mature hardwood trees,such as oaks and hickories,with potential cavities and exfoliating bark. However,this small forested area is to remain with the Proposed Action in place.Minimal small tree and shrub removal is proposed along the site access driveway from Oregon Road.Removal of small trees/shrubs on the southern portion of the Site where the BESS will be located is also proposed.. In order to comply with NYSDEC guidance intended to minimize potential impacts to the Northern Long-eared Bat,all tree clearing on the property must be completed between December 1—February 28.It is anticipated that clearing will be confined to these timeframes. Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ®Yes❑No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: L Nature of historic/archaeological resource: El Archaeological Site ®Historic Building or District U.Name:B.H.Corwin House and Water Tower/Tank house(both resources are adjacent to the project area to the northwest). iii.Brief description of attributes on which listing is based: According to OPRHP the B.H.Corwin House is eligible for listing under Cn edon C in the area of architecture as a rare example'of a nineteenth century vernacular saltbox farmhouse,and Water Tower/ Tank house is eligible for listing unrtpr Criterion A in the arca of Agdnilture as an example of the raginnal pattern of w^ter trn pr and t^nk hnusp ronstn irtinn nn the North Fork of I nng Isl nd f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological.or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially.designated and publicly accessible federal,state,or local ®Yes❑No scenic or aesthetic resource? According to the New York State Department of Transportation(NYSDOT)Scenic Byways List and Town of Southold Comprehensive Plan,scenic If Yes: resources within 5 miles of the project site include NYS Route 25 and County Road 48(also referred to as the North Fork Trail Scenic Byway by the L Identify resource: NYSDOT).According to the NYS Cultural Resource Information System(CRIS),Hallock State Park Preserve is within 5 miles of the project site. ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.):Scenic Byway/Resource and State Park. X. Distance between project and resource: within 5 miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes®No Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name H2M architects+engineers,Consultant to Applicant Date 5/17/2022 Signature Constance Vavilis,AICPA{ 1C�V4�"" Title Senior Environmental Planner PRINT FORM Page 13 of 13 EAF Mapper Summary Report Friday, December 3, 2021 9:16 AM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are 9q7 answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although a the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a :J` substitute for agency determinations. C� A 0110* r)tt►N0 Montreal 4" I OU�l � Tcr un t. f'Ir ,• I •Ir: I r i Nhary dcirGlt Boston Glevdand j Prowtderl- Nev.Ik z -4Rttrbtu gh Philadelphia amtin,USES. hrt?mtap,ItICREFAEIITC',tdRCan,.Esti Japan FaETI F ii China(Honk I:on!jl;Bit �F: F1T , r1�Can,Esti Jalaan F:1E11 Esfi China(Honcl k:orni Esn Korea..Esri Miailarnii NGCC,(6 01)aIstredtaa1)Conti bt.ib-.ff dth?GIS User Comniuivty cienOt paISt ePit Iaa11-ontl1L114'1tcliil�VA,� GIS 11s?1.C01111111_uiihi B.i.i [Coastal or Waterfront Area] Yes B.i.ii [Local Waterfront Revitalization Area] Yes C.2.b. [Special Planning District] Yes- Digital mapping data are not available for all Special Planning Districts. Refer to EAF Workbook. C.2.b. [Special Planning District - Name] NYS Heritage AreaS:LI North Shore Heritage Area E.1.h [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Potential Contamination History] Workbook. E.1.h.i [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Listed] Workbook. E.1.h.i [DEC Spills or Remediation Site - Digital mapping data are not available or are incomplete. Refer to EAF Environmental Site Remediation Database] Workbook. E.1.h.iii [Within 2,000' of DEC Remediation No Site] E.2.g [Unique Geologic Features] No E.2.h.i [Surface Water Features] No E.2.h.ii [Surface Water Features] No E.2.h.iii [Surface Water Features] No E.2.h.v [Impaired Water Bodies] No E.2.i. [Floodway] No E.2J. [100 Year Floodplain] No E.2.k. [500 Year Floodplain] No E.2.1. [Aquifers] Yes E.2.1. [Aquifer Names] Sole Source Aquifer Names:Nassau-Suffolk SSA E.2.n. [Natural Communities] No E.2.o. [Endangered or Threatened Species] Yes Full Environmental Assessment Form - EAF Mapper Summary Report E.2.o. [Endangered or Threatened Species- Northern Long-eared Bat IJ Name] E.2.p. [Rare Plants or Animals] No E.3.a. [Agricultural District] � Yes------�--_�______�_______.�—___._.____________—_ E.3.a. [Agricultural District] ISLIFF001 —� ' E.3.c. [National Natural Landmark] �No E.3.d[Critical Environmental Area] No � —`�— -- E.3.e. [National or State Register of Historic Digital mapping data are not available or are incomplete. Refer to EAF Places or State Eligible Sites].,—�-- Workbook. E.3.f. [Archeological Sites]— No E.31 [Designated River Corridor] N���-�____ i Full Environmental Assessment Form- EAF Mapper Summary Report 2 1 1 1 1 1 � APPENDIX B i Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section-C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listine both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 0083.00 - 03.00 _ 0006.10 PROJECT NAME KCE NY 26 The Application has been submitted to(check appropriate response): Town Board ElPlanning Board 91Building Dept. ❑X Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: KCE NY 26,LLC KCE is seeking specia exception,site plan, and subdivision approvals, among others,to facilitate its proposal to construct and operate an approximately 60-megawatt(MW) Lithium-Ion Battery Energy Storage System Facility(BESS Facility) (Proposed Action)., See Expanded EA for detailed Project - Description. Location of action: 10750 Oregon Road, Cutchogue,New York Site acreage: 27.04 Present land use: Land Use Code 120 (agricultural field crops.*) Present zoning classification: LI,Light Indutrial *Source:Suffolk County GIS Viewer;https://gisapps.suffolkcountyny.gov/gisviewer/.Accessed Februray 2022. 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: KCE NY 26,LLC (b) Mailing address: 25 Monroe Street, Suite 300,Albany,NY 12210 (c) Telephone number: Area Code( ) 631-807-1558 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Long Island Power Authority(LIPA)-New York Independent Yes X❑ No❑ If yes,which state or federal agency? System Operator(NYISO)Interconnection Approval;New York State Department of Environmental Conservation(NYSDEC)- SWPPP C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. x❑Yes ❑ No ❑ Not Applicable See attached. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria X❑ Yes ❑ No 0 Not Applicable See attached. Attach additional sheets if necessary 1 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of.Southold. See J LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 1 0 Yes ❑ No ❑ Not Applicable See attached. i I Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑Yes ❑ No 0 Not Applicable Not applicable.The Proposed Action does not propose erosion control strucutures and is not located directly along a coastline. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes ❑ No ❑Not Applicable See attached. Attach additional sheets if necessary Policy 6. Protect and restore.the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable See attached. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable See attached. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable . See attached. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No 0 Not Applicable Not applicable.The Proposed Action would not impact Public access to or recreational use of public waters or open spaces within the Town. Attach additional sheets if necessary. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No x❑ Not Applicable Not applicable.The Proposed Action would not impact water dependent uses or locations. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Not applicable.The Proposed Action would not impact marine resources habitat or wetlands Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. 0 Yes ❑ No❑ Not Applicable See attached. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. x❑ Yes ❑ No ❑ Not Applicable See attached. H2M architects+engineers, PREPARED BY Constance Vavilis,AICP TITLE Senior Environmental Planner DATE 5/13/22 Amended on 811105 KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 1 of 10 This supplemental document includes assessment of the Town of Southold Local Waterfront Revitalization Program (LWRP), specifically, the policies and policy standards set forth in Section III Waterfront Revitalization Policies (LWRP Policies)'. The subject property lies within Reach 2 of the Reach areas defined within the LWRP. Where the LWRP policy is applicable, an assessment supporting the Proposed Action's consistency with the policy and applicable policy standards is presented. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes Beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. The Proposed Action is consistent with land use patterns in the area and would not result in a loss of the community and landscape character in the Town of Southold.The site is presently zoned LI, Light Industrial (see Expanded EA Figure 3, Cutchogue Zoning)and the proposed use is permitted in this district by Special Exception of the Board of Appeals.The Proposed Action Site is 27.04 acres and approximately 16.04 acres will remain undeveloped, preserving views of vast flat vegetated areas visible from local roadways. The Proposed Action makes efficient use of existing infrastructure through connection to LIPA transmission infrastructure located on CR 48; this LIPA transmission infrastructure is sized to accommodate energy contributions of a utility scale BESS system. The Proposed Action will contribute to the minimization of adverse impacts of developments through its contributions to meeting statewide energy storage goals, and its preparation of the grid to accommodate expected offshore clean energy from wind generation and retirements of existing fossil fuel peaker plants. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 2.1 Maximize preservation and retention of historic resources. The Proposed Action does not propose work within districts or structures that are listed on the National or State Register of Historic Places or sites that have been determined to be eligible for the National or State Register according to the State Historic Preservation Office(SHPO)Cultural Resources Information System (CRIS). As part of its review of the Proposed Action, SHPO has determined structures in proximity to the Site, B.H. Corwin House at 10425 Oregon Road, and the Water Tower/ Tank house at 10625 Oregon Road, are eligible for listing on the National or State Register of Historic Places. The BESS Facility features are set back more than 1,000 feet from the Site's frontage with Oregon Road where these properties are located diminishing the BESS Facility prominence from those locations. The visual barrier wall and landscaped vegetated buffer further diminish the BESS Facility prominence from these historic resources. Visual simulations have been prepared to illustrate the BESS Facility's finished appearance and these are presented in the Expanded Environmental Assessment (EA); Proposed Action Visual Simulation Location 2: View from Oregon Road Looking Southeast is located between these historic resources and demonstrates that the view of the facility would not be intrusive at these properties (see Section 2.3.3 of the Expanded EA). The Town of Southold also has extensive locally designed historic resources.As discussed in the Expanded EA; according to Figure 5.1 Cultural Resources Map in the Town of Southold's Comprehensive Plan (provided as Figure 4 in the Expanded EA), the Proposed Action Site does not contain cultural resources designated by the Town such as lighthouses, significant trees, mile markers, cemeteries, museums, state/ Town of Southold Local Waterfront Revitalization Program. Section III LWRP Policies.Available from: https://www.southoldtownny.gov/DocumentCenter/View/1432/LWRPpolicies?bidld=ow.Accessed February 2022. KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement , Page 2 of 10 national historic register districts and/or properties, or land inventoried by the Society for the Preservation of Long Island Antiquities (SPLIA). One property adjoining the Site to the southwest and one property adjoining the Site to the northwest are inventoried by SPLIA as historic structures of regional importance. SPLIA is a 501c3 not-for-profit organization committed to preserving Long Island's cultural and architectural heritage through advocacy, education, and stewardship of historic sites and collections. The property adjoining the Site to the southwest currently contains agricultural uses including a residential structure and agricultural storage facilities and is zoned Light Industrial Park/Planned Office Park District (LIO). The property adjoining the Site to the northwest currently contains residential uses on Oregon Road's frontage, with agricultural uses towards the rear of the property and is zoned Agricultural Conservation District(AC). Considering the adjoining property to the southwest is zoned LIO and a visual barrier wall and landscaped vegetated bufferwill be installed,the view of the BESS facility is not expected to be intrusive atthis property. As discussed in Section 2.3 of the Expanded EA, the BESS Facility substantially exceeds the setback requirements in the existing zoning district by siting the facility approximately 1,138 feet from Oregon Road. Considering the property adjoining the Site to the northwest that is inventoried by the SPLIA will be over 1,138 feet away from the BESS structures and a visual barrier wall and landscaped vegetated buffer will be installed, the view of the BESS facility is also not expected to be intrusive at this property. 2.2 Protect and preserve archaeological resources. The Proposed Action is not within an area designated as a buffer area sensitive for archaeological sites on the SHPO archeological site inventory. SHPO is currently reviewing the Proposed Action and has not indicated that the potential for archaeological resources requires study. Policy Standard 2.3 is not applicable to the Proposed Action as it does not impact resources that are significant to the coastal culture of the Long Island Sound. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. The Proposed Action is consistent with the applicable aspects of this Policy Standard (Sections A-E)in that it minimizes the potential for the BESS to be discordant with the existing visual character of the area. Several approaches have been used to preserve.visual character including; siting of the BESS Facility on a large site set back a considerable distance from most direct public vantage points; use of an approximately 12 feet tall visual barrier wall to reduce prominence of BESS Facility features; incorporation of vegetative hedgerow buffers around the BESS Facility's perimeter; and preservation of existing vegetation where possible including 2.0 acres of forested area in the northeastern portion of the site and the preservation of a multi-acre grassed/o.pen field area between the BESS Facility and the Site's frontage with Oregon Road. Setback distances required by the zoning of the Site will also be complied with. Specifically, the BESS Facility substantially exceeds the 100-foot minimum front yard setback and 20-foot minimum side yard setback requirements in the existing zoning district by siting the facility approximately 1,138 feet from Oregon Road and 69 feet from the Site's southwestern property line. The facility is also greater than 1,000 feet from Depot Lane.These substantial set back distances, combined with the large area of the Site to be undisturbed to preserve views consistent with the area's context, ample landscaping and visual barrier, support the Proposed Action's aesthetic compatibility with existing conditions. Visual simulations have been prepared and are included in the Expanded EA Section 2.3 attached to this application. As shown in that assessment, the setback from public vantage points greatly diminishes the prominence of the BESS from Oregon Road and Depot Lane. Elements of the Proposed Action from Oregon Lane will be visible including the 12-foot high visual barrier wall, landscaping and lightning masts approximately 55.7 feet in height. Elements of the Proposed'Action visible from Depot Lane include the 12- foot high visual barrier wall, landscaping and one lightning mast in addition to minimal views of the tops of battery module enclosures; the visual barrier wall and landscaping provide screening to the BESS Facility. To screen the facility's barrier wall's visual impacts, a hedgerow planting is proposed as a visual buffer that fits with the area's surrounding context. A hedgerow typically consists of a mixed row of wild shrubs and KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 3of10 trees bordering a road or field. They often mark property boundaries as well as enclose or separate areas with specific uses. The hedgerow planting will utilize large leafed deciduous trees with strong branching character and broadleaf evergreen plantings for year-round effect. A transmission line through a utility easement requested on the adjacent property to the southeast is also proposed to be constructed3. Approximately 13 utility poles are planned for installation through the easement, two of which likely would be installed on CR 48. Each pole will span 150-180 feet through the easement; the ground surface elevation through the easement is approximately 15-25 feet below CR48 existing grade and therefore,this would diminish the visual prominence of the transmission line through the easement from CR48. Utility poles associated with the transmission line on CR48 are expected to be at heights consistent with the Long Island Power Authority's existing transmission infrastructure there, (approximately 50-70-ft), however, the designs for this infrastructure are not available at this time. As discussed above in Section 1.1 of the Expanded EA, LIPA will have the final determination over the design and implementation of the transmission line and associated infrastructure and will determine construction materials, heights and construction methods. According to the LWRP Policies, CR48 is a scenically important county road offering open views of farms and woodland which the Town of Southold promotes the protection of through a Scenic Byway Corridor Management Plan (2001). CR 48 is a scenic resource also referred to as the North Fork Trail Scenic Byway by the NYSDOT and is listed on the New York State Department of Transportation (NYSDOT) Scenic Byways List. As discussed, however, CR 48 contains an established transmission line with utility poles of similar height to that which is proposed. With the removal of one currently existing pole,the addition of two poles is not expected to be a stark contrast to the character of this scenic road,which already contains this a transmission line and utility pole infrastructure. The preservation of large open areas, extensive set back distance from public viewpoints,the visual barrier wall and plantings, and the consistency of proposed utility pole and line infrastructure with existing facilities all contribute to the protection of scenic resources and support the Proposed Action's aesthetic compatibility with the surrounding area and its consistent with this policy. Policy Standard 3.1 items F- J are not applicable to the Proposed Action as it would not impact the Cutchogue hamlet center, historic maritime areas,water dependent uses or public lands. The Proposed Action is consistent with Policy Standard 3.1 item K in that it does not detract from the visual quality associated with agricultural land, open space and natural resources. As discussed above, the Proposed Action includes introduction of a visual barrier wall and vegetated landscaping buffer that will diminish its prominence from public vantage points. The Proposed Action will utilize 11.00 acres of a 27.04 acre Site;this is an efficient design that preserves views of existing open vegetated areas and is consistent with the surrounding visual'setting on Oregon Road. The Proposed Action Site is surrounded on its northeastern, eastern and southeastern sides by land utilized by the Town for waste handling and management and these uses would not be sensitive to the change in view that the BESS facility represents. The Proposed Action does not include intrusive light sources; exterior lighting will be limited to lights required for security and emergency situations/nighttime repairs; nighttime lighting is only expected during times of nighttime emergency repairs. All lighting will comply with applicable Town regulations including considerations to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. s At this time,utility pole and transmission line final design has not been completed by PSEG LI and therefore,specific heights and materials of these utility features cannot be known.For the purposes of this assessment,the utility poles are assumed to be constructed at heights consistent with existing utility infrastructure on CR48 where they will connect to the existing utility poles and the transmission line currently located on that right-of-way. KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 4 of 10 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria This policy is not applicable. The Proposed Action does not propose or impact erosion control structures and is not located directly along a coastline Policy 5. Protect and improve water quality and supply in the Town of Southold.See LWRP Section III—Policies Pages 16 through 21 for evaluation criteria Policy 5.1 is not applicable. The Proposed Action does not introduce nitrogen discharges, new wastewater treatment system, point source discharges or require treatment of sanitary sewer or industrial discharges. 5.2 Minimize non-point pollution of coastal waters and manage activities causing nonpoint pollution. Policy Standard 5.2 includes objectives to address non-point source pollution and the Proposed Action is compliant with this policy. The Proposed Action would include.preparation of a.Stormwater Pollution Prevention Plan (SWPPP) including soil erosion and sediment control measures designed in accordance with the SPDES General Permit for Stormwater Discharges from Construction Activities (GP-0-20-001). Two weekly SWPPP inspections will be required under Permit No. GP-0-20-001 during the construction phase of this project and will help to ensure that erosion and sedimentation controls are functioning as designed to minimize the potential for significance adverse impacts from stormwater runoff during construction. As discussed, the BESS Facility will disturb 11.00 acres of the 27.04 Site; this is an efficient design that maintains large swaths of undeveloped and vegetated areas that currently exist on-site. To manage post construction stormwater flows from the BESS Facility, a system of catch basins and drywells is proposed. Catch basins located throughout the development will capture runoff and convey stormwater to drywells designed to infiltrate stormwater into the subsurface soils, thus preventing off-site transport of stormwater runoff for the design storm. It should be noted that the catch basins proposed on the upstream end of the stormwater management systems will be provided with sumps that will capture larger debris, preventing debris build-up within the drywells that could diminish the infiltration capacity of these features. Dry wells are green infrastructure practices that provide infiltration of stormwater and may be used to satisfy the treatment objectives required per NYSDEC guidance.The drywell system would be designed to exceed the Town of Southold standard for management of a 2-inch design storm event. The stormwater management system has been designed to meet the sizing criteria of the New York State Stormwater Management Design Manual, including Water Quality Volume (WQV), Runoff Reduction Volume(RRv), Channel Protection Volume(Cpv), Overbank Flood control(Qp)and Extreme Storm control (Qf)sizing criteria.Utilization of infiltration practices(drywells)emulates natural stormwater runoff mitigation by allowing stormwater to infiltrate into on-site soils. The hydrology and hydraulics of the development site and stormwater management practices have been modeled to demonstrate no net increase in stormwater runoff leaving the developed project site when comparing pre and post construction conditions, thereby demonstrating compliance with Stormwater Management Design Manual Qp and Qf sizing criteria. The Proposed Action would include presence of chemicals and its design incorporates several features to mitigate potential discharges of these chemicals to the environment. Specifically, a total of + /- 22,455 gallons of dielectric/cooling fluid for the transformers and +/-70,176 kg of lithium-ion fluid encased within the BESS would be located on-site. The dielectric/ cooling fluid will arrive pre-sealed in the transformers and the lithium-ion fluids will be pre-sealed within each individual battery unit within the containers. Chemicals on-site will not be diminished during operations or requirement replenishment. In addition, the battery enclosures,transformers and the project and POI substation equipment will be installed on concrete KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 5 of 10 foundations;these on-grade concrete pads will minimize the potential for infiltration into impervious surfaces or transport via stormwater runoff. In addition, detailed design of the Proposed Action.is not currently completed, however, as this proceeds, it is expected that secondary containment for the main power transformer and medium voltage transformers fluids will be designed and implemented. With the implementation of a SWPPP that would manage construction and post construction flows and design elements which mitigate potential discharges of chemicals to the environment including concrete foundations and secondary containment, no potential significant adverse impact to water quality are anticipated and the Proposed Action is consistent with this policy. Policy Standards 5.3 is not applicable to the project; Policy Standard 5.3 focuses on quality of coastal waters which would not be adversely impacted by the Proposed Action as no coastal discharges or other infringement into coastal resources is proposed. Minimization of potential impacts from stormwater runoff is discussed in the assessment for Policy Standard 5.2. 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity, Policy Standard 5.4 discusses protection and conservation of the quality and quantity of potable water.The Proposed Action Site is not located within the Special Groundwater Protection Area within the Town4 and includes measures to allow for infiltration of stormwater on-site with appropriate considerations for minimization of pollutants as discussed in the assessment for Policy Standard 5.2. 5.5 Protect and conserve the quality and quantity of potable water. As referenced in the assessment provided for Policy Standard 5.2, the Proposed Action would minimize the potential for contamination of potable waters by implementation of a drywell infiltration system that includes measures to minimize discharge of pollutants to groundwater. The Proposed Action is not within the Special Groundwater Protection Area within the Town and therefore is not expected to significantly impact areas of special import to replenishment of potable groundwater supplies. Policy 6.Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands.See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Policy Standards 6.1-6.3 are not applicable to the Proposed Action as it does not include adverse changes to the Long Island Sound and the Peconic Bay ecosystems, disruptions to ecological quality or impacts to Significant Coastal Fish and Wildlife Habitats. There are no tidal or freshwater wetlands or rare ecological communities present on-site according to the NYS Environmental Resource Mapper, NYS Tidal Wetlands Inventory Maps, and NYS EAF Mapper, respectively (See Expanded EA Appendix C Natural Resources Report for additional details). 6.4 Protect vulnerable fish,wildlife, and plant species, and rare ecological communities. Wildlife The Proposed Action Site is in the vicinity of the potential presence of the Northern Long Eared Bat(NLEB) - which is listed at the federal and state levels as a threatened species. According to records obtained from the New York Natural Heritage Program, there are two documented non-winter locations of instances of the NLEB within 1.25 miles of the Proposed Action Site and bats may travel 1.5 miles or more from 4 NYSDEC Info Locator.Accessed February 2022. DECinfo Locator(ny.gov) KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 6 of 10 documented locations. The main impact of concern with respect to NLEB is the removal of potential roost trees. Minimal tree removal is proposed as part of the Proposed Action and it is confined to two areas; the first area is located in an overgrown field portion of the Site, within its southeastern section. Trees here are generally sparse. Shrub and overgrown vegetation will also be removed. The other area of minor tree removal tree is located at the Site access driveway which will be subject to minimal realignment requiring small trees and shrubs be removed from this location. In order to comply with NYSDEC guidance intended to minimize potential impacts to the NLEB, all tree clearing on the property must be completed between December 1 — February 28. No Article 11 (Incidental Take of Threatened/ Endangered Species) permit from the NYSDEC is required for the project if all tree clearing can be accomplished between December 1 —February 28. It is anticipated that clearing will be confined to these timeframes. There is a small-forested areas-on the subject property, including a 2.0-acre forest patch on the northeast portion which, may provide suitable daytime roosting sites from NLEB due to the presence of mature hardwood trees, such as oaks and hickories, with potential cavities and exfoliating bark. However, no tree removal is proposed from this area and therefore no impacts from that tree removal is anticipated. Considering the small amount of tree removal proposed and the adherence to NYSDEC imposed clearing timeframes, the Proposed Action would not represent a significant impact to vulnerable wildlife populations and is therefore consistent with this policy. The USFWS iPAC was also reviewed for additional potential threatened and endangered species. The PAC database is not site specific, but rather county specific. According to the USFWS iPAC database threatened and endangered species in Suffolk County include the Piping plover (Threatened), Red knot (Threatened), Roseate tern (Endangered), Sandplain gerardia (Endangered), and Seabeach amaranth (Threatened). However, these species inhabit beach and shoreline/wetland habitats which are not found on the Proposed Action Site. Additionally, the USFWS iPAC report indicates a total of 12 bird species that are protected under the Migratory Bird Treaty Act and/or Bald and Golden Eagle Protection Act that may inhabit or utilize the Site for breeding. The potential presence of bird species protected under the Migratory Bird Treaty Act does not impose any regulatory constraints on the development and none of the migratory bird species listed on the iPAC report are expected to utilize the subject property during breeding or migratory seasons. Plant Species Per the NY Nature Explorer, listed or protected species include Bushy Rockrose (Crocanthemum dumosum, NYS- Threatened), Velvety Bush Clover (Lespedeza stuevei, NYS-Threatened), Woodland Agrimony(Agrimonia rostellata, NYS Threatened). It should be noted that, although these plants are listed as threatened in New York State, plant species on private property are not protected from incidental take by the landowner, and therefore no Article 11 permit would be required from NYSDEC. Importantly, however, these species are not expected to be impacted by the Proposed Action based on the following: • Bushy Rockrose-A field investigation was conducted on June 1, 2021 to determine if this species is present on the Proposed Action Site. Bushy rock rose was not observed on the subject property. • Velvety Bush Clover-this species is not expected to be present on the site as typical habitat for this species is not present on the subject property, no Lespedezas or common associates were observed during the field investigation, and the existing record for this species is from 1919. • Woodland Agrimony-this species is not expected to be present on the site as no Agromonia sp. were observed on the subject property during the field investigation and the existing record for this species is from 1932. Considering the lack of protected plant species or rare ecological communities, the Proposed Action does not represent a significant adverse impact to these resources and is consistent with this policy. 1 , KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 7 of 10 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III —Policies Pages 32 through 34 for evaluation criteria. 7.1 Control or abate existing and prevent new air pollution. Policy 7 acknowledges that the most likely source of air pollution to the Town would be from expansion or creation of new power generation plants and automobile use. The Proposed Action supports the protection of air quality and the transition to cleaner energy. The BESS Facility is not a source of air emissions. In addition, KCE NY 26 will support the Public Service Commission's Order Establishing Energy Storage Goal and Deployment Policy, which outlines statewide energy storage deployment goals of 1,500 MW by 2025 and 3,000 MW by 20305. In October 2020, Strategen Consulting LLC prepared the Long Island Fossil Peaker Replacement Study for Newyork Battery and Energy Storage Technology Consortium(NY-BEST)6. The study examined operations of Long Island's aging fossil-fueled power plants that operate primarily during peak times, and found that it is feasible and cost-effective to replace more than 2,300 MW of Long _- Island's 4,300 MW fossil-fueled peaker plants with energy storage'over the next decade. It also found that approximately half of the peaker plants, around 1;100 MW, could be retired and replaced,with energy storage by 2023.The remaining 1,200 MW could be replaced by 2030, in conjunction with New York State's plans to increase solar energy, energy efficiency measures, and offshore wind resources. Over the next decade,fossil peaker replacements could .also save LIPA customers as much as$393 million and contribute to significantly reducing harmful air pollutants. The BESS will be remotely monitored and will operate generally unmanned. It is not expected to generate significant traffic that would be the source of mobile air emissions. The Proposed Action is therefore J consistent with this policy. Policy Standards 7.2 and 7.3 are not applicable to the Proposed Action'as it does not propose discharges i of radioactive material or other atmospheric pollutants such as from NOx. Policy 8.Minimize environmental,degradation in Town of Southoldfrom solid waste and hazardous substances and wastes.See LWRP Section 111 7-Policies;Pages 34 through 38 for evaluation criteria. Policy Standard 8.1 is not applicable to the Proposed Action; no solid waste will be generated on site as the BESS Facility will operate unmanned. " 8.2 Manage hazardous wastes to protect public health and control pollution. As discussed in the assessment of Policy Standard 5.2,the Proposed Action's design incorporates several features to mitigate potential discharges of chemicals to the environment including chemicals which are in pre-sealed in transformers/ battery units within the containers; construction of on-grade concrete pads minimizing the potential for infiltration of chemicals into impervious surfaces or transportvia stormwater runoff; and secondary containment for the main power transformer and medium voltage transformers. The Proposed Action includes plans for safe waste handling and disposal and would prevent the discharge of hazardous wastes from the BESS Facility. The facility will have an Operation and Maintenance(O&M) Plan in place which will be compiled based on the O&M manuals from the battery and other equipment vendors. These will be compliant with the applicable federal, state, and local laws and manufacturers' recommendations on safe maintenance and handling of equipment. A Spill Prevention, Control, and Countermeasure (SPCC) plan would also be developed for the Proposed Action to ensure appropriate controls and emergency protocols. Finally, a Health,Safety, Environmental and Quality(HSEQ) Management Plan will be in place which applies to the safety of employees of KCE,contractors and visitors 5 This 3,000 MW goal was recently double to 6,000 MW during Governor Hochul's 2022 State of the State 6 Long Island Fossil Peaker Replacement Study.Available from: https://www.strategen.com/strategen- blog/long-island-fossil-peaker-replacement-study.Accessed October 2021 KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 8 of 10 working at the Site. With the implementation of the O&M, SPCC and HSEQ policies and procedures, pollution prevention, control and safe working practices will be in place. KCE creates a decommissioning plan prior to project commissioning and this is updated throughout the l Project's operational lifetime to-adhere to current standards and take advantage of new industry insights. The decommissioning plan considers: 1. Regulatory compliance, including all end-of-life equipment handling and any battery recycling requirements; 2. On-site equipment and plan to decommission the facility; 3. Packaging and transport of batteries, specifically to ensure compliance with hazardous material transport laws; and 4. Record retainment for final compliance. Both pyrometallurgic and hydrometallurgic recycling options exist within the US today and will be considered for all end-of-life batteries to reduce environmental impact. An example Decommissioning Plan for this project has been included as Appendix B in the Expanded EA. 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. i As discussed in the assessment of Policy Standard 5.2,the proposed facility is designed in a way to prevent J release of toxic pollutants or substances hazardous to the environment. As discussed in the assessment of Policy Standard 8.2, implementation of the O&M, SPCC and HSEQ policies and procedures ensures pollution prevention/control measures and safe working practices for on-site workers will be in place. Lithium-ion has the potential to produce gases when overheated; in response, the battery modules contain temperature/inert gas/smoke sensors which feed into the supervisory control and data acquisition(SCADA) system and sends data to a remote-control center. In the case an emergency is detected by the SCADA system, the equipment resulting in the issue will be turned off before releasing gases to the surrounding environment. As previously discussed, the battery units are self-enclosed in containers and designed to prevent/control this issue. Policy Standard 8.4 is not applicable to the Proposed Action as no petroleum would be present on-site. 8.5 Transport solid waste and hazardous substances and waste in a manner which protects the safety,well-being, and general welfare of the public;the environmental resources of the state; and the continued use of transportation facilities. As discussed in the assessment of Policy Standard 8.2,the Decommissioning Plan includes measures to _. ensure regulatory compliance, including equipment handling and packaging and transport of batteries, specifically to ensure compliance with hazardous material transport laws and public safety. Policy Standard 8.6 is not applicable to the Proposed Action as it does not involve siting of solid or hazardous waste facilities proximate to coastal resources. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 9 of 10 lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. This policy is not applicable. The Proposed Action would not impact public access to or recreational use of public waters or open spaces within the Town. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. This policy is not applicable. The Proposed Action would not impact water dependent uses or locations. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. This'policy is not applicable. The Proposed Action would not impact marine resources, habitats or wetlands. Policy 12 Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. 12.1 Protect agricultural lands from conversion to other land uses. According to the LWRP Policies document introduction to Policy 12, "the intent of this policy is to conserve and protect agricultural land in Southold by preventing the conversion of farmland to other uses. The term "agricultural land" is defined as: "land included in agricultural districts as created under Article 25-AA of the New York State Agricultural and Markets Law. The term also signifies lands comprised of soils classified in soil groups 1,2,3, or 4 according to the New York State Department of Agriculture and Markets Land Classification System;or lands used in agricultural production, as defined in Article 25-AA of the Agriculture and Markets Law." The Proposed Action Sites meets this definition of agricultural land due to its location in an NYS designated agriculture district(SUFF001)and the current use of a 15.61-acre portion of the 27.04 Site as a sod farm. The LWRP Policies document notes that the Town has assigned priority to the preservation of approximately 10,000 acres of land that is in active production,fallow or used for support purposes and for the preservation of agricultural land in large contiguous blocks. The Proposed Action Site is not within properties considered high priority as indicated on the Protected Lands within the Town of Southold Map7. It is contiguous to farmland that appears to be active on the south however to the north, east and southeast there is no active farmland. To the west/northwest, residential land use and agricultural use are present. The Site is zoned LI, signaling the appropriateness of the proposed use as a public utility,which is allowed within the LI district by Special Exception of the Board of Appeals. Additionally, the Site is surrounded on three sides (except the western side) by LI and Light Industrial Park/Planned Office Park (LIO)zoned land. The Proposed Action is therefore clustering this public utility use in an appropriately zoned area already containing other active light industrial uses providing important services to the Town. Thus, while the Proposed Action would involve conversion of farmland to a nonagricultural use, this conversion is located on land appropriate for the proposed use that is consistent'with the surrounding land uses and zoning of the Site. Protected Lands within the Town of Southold. Web Map.Accessed February 2022.Available from: https://tos.mai)s.arcgis.com/apps/opsdashboard/index.html#/3ac26d5707804l c5bcl eea731fecf504 KCE NY 26 Proposed BESS Project APPENDIX B-Coastal Assessment Form Supplement Page 10 of 10 Policy Standard 12.2 is not applicable to the Proposed Action as the proposal does not impact the economic parameters that make farming viable or nonviable throughout the Town. 12.3 Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land. The Proposed Action converts only a single parcel of agricultural land to nonagricultural use in an area zoned to allow such a use. It would not impact agricultural uses on adjacent parcels or in the vicinity of the Site. 12.4 Preserve scenic and open space values associated with the Town's agricultural lands. The Proposed Action is consistent with this Policy Standard as potential adverse impacts associated with utilizing the Site for a public utility use are minimized and scenic qualities of the area are preserved with this proposal.As described in the assessment of Policy 3.1 views of the Proposed Action will not be intrusive to the surrounding areas.This is achieved through the BESS Facility's compact siting on south easternmost portion of the Site closest to other industrial uses on an area of the Site set far back from public vantage points on Oregon Road and Depot Road. A multi-acre swath of area will be preserved on the property's Oregon Road frontage helping to maintain visual consistency with existing conditions. Further diminishing the view of the site is the visual barrier wall installation and landscape hedgerow planting consisting of predominantly native deciduous trees, evergreen trees, and shrubs. The Proposed Action Site is clustered with active industrial uses in areas zoned for LI and LIO uses as described above in assessment of Policy Standard 12.1. Additional elements to reduce potential for adverse impacts are discussed throughout this document; protections for species are discussed in the. assessment for Policy Standard 6.4; minimizing of potential stormwater impacts are discussed in assessment of Policy Standard 5.2 and minimizing for cultural and historical impacts are discussed in 2.1. Taken together, these elements minimize adverse impacts and preserve scenic character. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP. Section III—Policies; Pages 65 through 68 for evaluation criteria. Policy Standard 13.1 is not applicable to the Proposed Action as the proposals does not impact energy conservation policy or initiatives. 13.2 Promote alternative energy sources that are self-sustaining, including solar and wind powered energy generation. The Proposed Action is consistent with this Policy in that it helps prepare the energy grid for acceptance of renewable energy sources and can help reduce reliance on fossil-fueled power peaker plants. Consistent with this Policy,the siting of this BESS Facility on the Proposed Action Site avoided significant interference with coastal resources, including migratory birds, wetland and woodland habitats, scenic resources and coastal processes. Policy Standard 13.3 is not applicable to the Proposed Action as it is not a major energy generating facility. Policy Standard 13.4 and 13.5 is not applicable as neither fuel storage nor mineral extraction, respectively, are proposed. APPENDIX C "L*h 11 RE P4 kdj K E If t A P T �U E. NERGY. KCE NY 26 Town of Southold Site Restoration, Decommissioning and Recycling Contents Site Restoration and Decommissioning Performance Criteria for Site Restoration (1)Safety and the Removal of Hazardous Conditions (2) Environmental Impacts (3)Aesthetics (4)Salvage and Recycling (5) Potential Future Uses for the Site (6) Useful Life Decommissioning&Restoration Plan (1) Regulatory Compliance (2)Plan for Decommissioning and Restoration (3)Packaging and Transportation (4)Recycling (5) Record Retention Site Restoration and Decommissioning Key Capture Energy has prepared a Decommissioning Plan that outlines the methods and means to decommission the Project at the end of the Project's useful life. The purpose of the Plan is to identify the methodology to be used to mitigate potential impacts resulting from the cessation of operation of the Facility. Utility bulk storage batteries available on the market today and like the batteries proposed for this Project are typically designed to have a useful lifetime of approximately 20 years.Some replacement of parts might be needed in this period, but the facility is likely to remain in operation for that duration. The batteries will be continually,maintained throughout the life of the Project. Performance Criteria for Site Restoration The list below includes site restoration performance criteria proposed for Project decommissioning. . (1) Safety and the Removal of Hazardous Conditions Zero safety incidents is the goal.The removal of all hazardous conditions is an extension of that safety goal. Meeting that goal includes the removal of all above ground facilities and any hazardous waste materials upon decommissioning. (2) Environmental Impacts The goal of decommissioning is the safe and efficient removal of all the batteries and battery storage energy facility components.This will include reclamation of the site to conditions as close to pre- construction characteristics as possible. Erosion control and storm water management measures are utilized to maintain water quality and prevent soil erosion and water runoff.All fluids and any other hazardous materials will be removed in accordance with OSHA standards.All above ground facilities will be removed and reseeding will take place. (3) Aesthetics Aesthetically, after decommissioning,the Facility Site should be in as close to pre-construction condition as possible.That will be accomplished by removing all above ground facilities and restoring the areas where facilities have been removed and reseeding the affected areas. (4) Salvage and Recycling To the extent possible,all Project materials will be salvaged and/or recycled. If possible,facilities will be removed, relocated and reused. Metal facilities (steel, copper, aluminum) if not reused,will be salvaged and sold for scrap metal that can be recycled for use for other manufacturing purposes. Decommissioning & Restoration Plan (1) Regulatory Compliance Key Capture Energy will ensure compliance with all local,state and federal waste handling requirements. In particular, lithium-ion batteries are considered hazardous waste and must comply with hazard waste regulations.All necessary training and permits will be obtained prior to the commencement of decommissioning. (2) Plan for Decommissioning and Restoration The Applicant has prepared the Plan to outline the methods and means to decommission the Project at the end of the Project's useful life.The purpose of the Plan is to identify the methodology to be used to mitigate potential impacts resulting from the cessation of operation of the Facility. The Project will have an economical and technological lifetime of approximately 20 years.At the end of its life the Project will be decommissioned, and batteries, containers, ancillary equipment, buildings and infrastructure subsequently removed. In general,facility decommissioning will occur in the general sequence outlined below: • Disconnect battery racks within Container • Remove Battery Racks • Battery Disposal • Remove Containers • Remove Cabling • Remove Electrical Equipment Prior to commencing decommissioning,the Project will be shut down,de-energized and disconnected from the Long Island Power Authority(LIPA) 69kV electric grid.The Applicant will coordinate de- energization with LIPA and NYISO to ensure no disruption to the overall electrical system. Additionally,the Applicant will give the Town of Southold and Cutchogue Fire Department advance notice prior to commencing decommissioning activity. All aboveground components including buildings,structures and equipment will be removed during decommissioning. In addition, all foundations will be removed to a certain depth below ground surface, backfilled and then covered with topsoil. The goal of decommissioning is the safe and efficient removal of all facility components and reclamation of the site to conditions as close to pre-construction characteristics as practicable.The same safety protocols that are used during construction will be used during decommissioning. The decommissioning process is expected to take approximately.three months.This time includes one-week site mobilization and preparation;six-week period to dissemble the facility; an additional five-weeks to remove and reclaim foundations and reclamation work including grading, backfilling, erosion control activity, reseeding will take place. (3) Packaging and Transportation The batteries must be packaged by trained contractors with all necessary hazardous materials training. While the United States does not currently allow for the transport of full containers with all batteries installed, it is anticipated that this will be allowed in the near-term.The batteries will be transported by a Class 9 Hazmat qualified contractor. (4) Recycling There are three potential methods for battery recycling,two of which are currently commercially viable in the United States.At the end of the project lifetime, KCE will review all available recycling methods and industry standards to select the optimal recycling program.The available recycling methods are: 1. Pyrometallurgic:This process uses high temperatures to separate the components of a battery. Metal alloys are retrieves from the process that can be used in industrial uses.Slag is also retrieved I j and can be used in road construction. 2. Hydrometallurgic:This process uses,chemicals and mechanical separation to dissolve and extract specific metals from the batteries.The raw metals can then be used in new batteries or in another industrial use. 3. Direct:While direct recycling is not commercially available in the United States today, it is the most sustainable recycling option. Electrolytes are removed and purified,which allows re-use in new .batteries. (5) Record Retention KCE will ensure that all bill-of-lading and evidence of proper waste handling are retained for a minimum of two years or to the duration that the current law requires. APPENDIX D Expanded Task 2-Critical Issues Analysis H2M-Key Capture Energy,NY 26 Battery Energy Storage Facility,Cutchogue,NY Last Revised 4/26/2022 by Land Use Ecological Services,Inc. Expanded Task 2: Critical Issues Analvsis for H2M-Key Capture Energy, Cutchogue As requested,Land Use Ecological Services,Inc.has reviewed a number of online resources in order to complete a desktop analysis of natural resources at the KCE NY 26 Battery Energy Storage Facility site at 10750 Oregon Road in Cutchogue, NY. Databases and resources reviewed for this analysis include the NYS Environmental Resource Mapper, NYS Tidal Wetlands Inventory Maps,NYS EAF Mapper,NYS Nature Explorer,USFWS NWI Mapper, and USFWS iPAC database. A detailed analysis of wetlands and water resources, threatened and endangered species, critical environmental areas, and sensitive habitats for the KCE NY 26 Battery Energy Storage Facility site is provided below. 1. Wetlands and Water Resources: The NYS Environmental Resource Mapper,NYS Tidal Wetlands Inventory Maps (#708-544), and USFWS NWI Mapper were reviewed for site proximity to tidal and freshwater wetlands (Appendix A). Assessment of these resources indicated that there are no regulated wetlands on, or adjacent to,the project site. According to these map resources,the nearest tidal and/or freshwater wetlands are located approximately 0.5 miles north of the project site. A field inspection of the property on June 1, 2021 by William P. Bowman, PhD of Land Use Ecological Services confirmed that there are no freshwater or tidal wetlands or surface water resources on the subject property. No communities of wetland or hydrophytic vegetation or indicators of wetland hydrology were observed. 2. Threatened and Endangered Species: Correspondence from the New York Natural Heritage Program(dated October 27,2021)indicated that the subject property occurs within 1.25 miles of known, non-winter locations for Northern long-eared bat (Myotis septentrionalis) (Appendix B). In addition, review of the NYS Environmental Resource Mapper (Appendix C),NY Nature Explorer(Appendix D), and USFWS iPAC database(Appendix E)indicates that several threatened or endangered species have potential to occur at the project site. According to the NYS Environmental Resource Mapper, Northern long-eared bat (Threatened) may be present in the vicinity of the project site. Per NY Nature Explorer, listed or protected species include Bushy Rockrose (Crocanthemum dumosum, NYS- Threatened), Velvety Bush Clover (Lespedeza stuevei, NYS-Threatened), Woodland Agrimony (Agrimonia rostellata, NYS Threatened). Both Lespedeza stuevei and Agromonia rostellata are known from . historical records in 1919 and 1932, respectively. According to the USFWS iPAC database, Endangered Species Act-listed mammal, bird, and plant species for Suffolk County include the Northern long-eared bat(Threatened),Piping plover(Threatened),Red knot(Threatened),Roseate tern (Endangered), Sandplain gerardia (Endangered), and Seabeach amaranth (Threatened). It should be noted that the iPAC database is not site specific,but rather county specific.Piping plover,red knot,roseate tern,sandplain gerardia,and seabeach amaranth inhabit beach and shoreline/wetland habitats that are not found on the project site.Northern long-eared bat is found in many forested sites on eastern Long Island with mature hardwood trees and could be found on the project site. Additionally,the USFWS iPAC report indicates a total of 12 bird species that are protected under the Migratory Bird Treaty Act that may inhabit or utilize the site for breeding. The potential presence of bird species protected under the Migratory Bird Treaty does not impose any regulatory constraints on the development of the subject property. Furthermore, none of the migratory bird species listed on the iPAC report are expected to utilize the subject property during breeding or migratory seasons based on field conditions observed during June 1,2021 field investigation. Although the resources consulted indicate potential presence of the above threatened and endangered species, it should be noted that actual site conditions may, or may not, provide suitable habitat for many of these species. In order to confirm actual or probable occurrence of these species,a field investigation was conducted on June 1,2021 and in-depth endangered species analysis was completed. Regulatory Implications The Northern long-eared bat is listed as threatened federally and by New York State and is known to occur within 1.25 miles of the property (Appendix B). NYNHP correspondence does not indicate that the project site is within '/4 mile of a hibernation site or 150 feet of a known roost tree. Expanded Task 2-Critical Issues Analysis H2M-Key Capture Energy,NY 26 Battery Energy Storage Facility,Cutchogue,NY Last Revised 4/26/2022 by Land Use Ecological Services,Inc. The small forested areas on the subject property,including the 2.0 acre forest patch on the northeast portion of the property, provide suitable daytime roosting sites from northern long-eared bat due to the presence of mature hardwood trees,such as oaks and hickories,with potential cavities and exfoliating bark. In order to comply with NYSDEC guidance intended to minimize potential impacts to Northern long-eared bat, all tree clearing on the property must be completed between December 1 — February 28. No Article 11 (Incidental Take of Threatened/Endangered Species) permit from the NYSDEC is required for the project if all tree clearing can be accomplished between December 1 —February 28. Due to the property's location within 1.25 miles of known,non-winter bat locations,consultation with the Town of Southold is recommended during Board or site plan review phases to determine if bat-specific requirements or conditions will be included in Town-issued authorizations for the project. Conditions or requirements could include recommendations to preserve trees capable of providing bat roots to the maximum extent practical. Per NY Nature Explorer,listed or protected species include Bushy Rockrose(Crocanthemum dumosum,NYS-Threatened), Velvety Bush Clover(Lespedeza stuevei,NYS-Threatened),Woodland Agrimony(Agrimonia rostellata,NYS Threatened) may be present on the subject property. Field investigations conducted on June 1, 2021 indicate that these species are not present on the subject property and that suitable habitat for these species is not present on the property. Accordingly, no impacts to these species are expected to result from the proposed project. Bushy rock rose (Crocanthemum dumosum) is a New York State-threatened species that occurs in various open habitats with dry,sandy soils including coastal oak-hickory forests,maritime grasslands,maritime shrublands,mowed habitats with trees, pitch pine-oak forests, and pitch pine-oak-heath woodlands (NYNHP, 2021a). A field investigation was conducted on June 1, 2021 to determine if this species is present on the 10750 Oregon Road property. Bushy rock rose was not observed on the subject property,nor were typical dry,sandy habitats for this species observed. The site consists largely of current and former agricultural fields dominated by successional weeds and grasses including orchard grass (Dactylis glomerata), wild radish (Raphanus raphanistrum), and mugwort (Artemesia vulgaris). The site's limited forest habitats, including the—2.0 acre forest stand located on the northeast side of the property, is dominated by American beech(Fagus grandifolia),pignut hickory(Carya ovata),and various oaks,typically white oak and black oak(Quercus alba and Quercus velutina). The ground-layer vegetation in the forest patches on and adjacent fo the subject property is sparse and dominated by Virginia creeper(Parthenocissus quinquefolia), prickly dewberry (Rubus flagellaris), Japanese honeysuckle (Lonicera japonica),white snakeroot(Ageratina altissima),cleavers(Galium aperine), garlic mustard(Alliaria petiolata),and Asiatic bittersweet (Celastrus orbiculatus). The understory of the forest patches has been historically disturbed with abandoned, dilapidated farm equipment present. The ground-layer and shrub-layer vegetation in these forest patches does not feature plant species that bushy rock-rose is typically associated with including bearberry(Arctostaphylos uva-ursi),Pennsylvania sedge(Carex pensylvanica),poverty grass(Danthonia spicata),pinweed(Lechea maritima), eastern prickly-pear(Opuntia humifusa),staggerbush(Lyonia mariana)and bayberry(Morella pensylvanica). The mowed margins of the site's road and trails and hedgerows were also surveyed for bushy rock rose. These portions of the site were dominated by mugwort (Artemusia vulgaris), orchard grass (Dactylis glomerata), poison ivy (Toxicodendron radicans), Virginia creeper (Parthenocissus quinquefolia),prickly dewberry(Rubus flagellaris),Indian strawberry(Duchesnea indica),multiflora rose (Multiflora rose), Asiatic bittersweet (Celastrus orbiculatus), Alleghany blackberry (Rubus alleghaniensis), ground ivy (Glechoma hederacea), bitter dock (Rumex obtusifolius), hawkweed (Hieracium sp.), winged sumac (Rhus copallinum), autumn olive (Elaeagnus umbellata), shrub honeysuckle (Lonicera sp.),bayberry (Morella pensylvanica), sassafras (Sassafras albidum), black cherry (Prunus serotina) Bush rock rose was not observed in these mowed road margin or hedgerow habitats either. Velvety Bush Clover (Lespedeza stuevei) is a New York State-Threatened species typically found in disturbed grassy openings within pitch pine scrub oak barrens,pitch pine oak woods and coastal oak hickory woods(NYNHP,2021b). This species is best identified between August and October. However,this species is not expected to be present on the site as 1) typical habitat for this species is not present on the subject property,2)no Lespedezas or common associates were observed, and 3)the existing record for this species in Appendix C is from 1919. Woodland agrimony (Agrimonia rostellata) is a New York State-Threatened) species found in moist rich woods, oak- hickory woods, sandy clearings, and thickets(NYNHP, 2021c). Voss 1985)..This species is best identified between early Expanded Task 2-Critical Issues Analysis H2M-Key Capture Energy,NY 26 Battery Energy Storage Facility,Cutchogue,NY Last Revised 4/26/2022 by Land Use Ecological Services,Inc. July and mid-September. However, this species is not expected to be present on the site as 1) no 4gromonia sp. were observed on the subject property and 2)the existing record for this species in Appendix D is from 1932. 3. Critical Environmental Areas: According to the NYSDEC EAF Mapper(Appendix F),this site is not located on or adjacent to any Critical Environmental Areas(CEA's). 4. Sensitive Habitats: There are no sensitive habitats present on, or within close proximity to, the project site as per review of the NYS Nature Explorer(Appendix D)and USFWS iPAC database(Appendix E). 5. Literature Cited New York Natural Heritage Program. 2021 a. Online Conservation Guide for Crocanthemum dumosum. Available from: https://guides.nynhp.org/bushy-rockr'ose/.Accessed June 2,2021. New York Natural Heritage Program. 2021b. Online Conservation Guide for Lespedeza stuevei. Available from: https://guides.nynhp.org/velvety-bush-clover/.Accessed June 2,2021 New York Natural Heritage Program. 2021c. Online Conservation Guide for Agrimonia rostellata. Available from: https:Hguides.nynhp.org/woodland-agrimony/.Accessed June 2,2021. APPENDIX A: 40 F ♦�- J`••i l' ` YJ Pte•! �,..+f �-. A-. * .. o-- t �.P- �� A..-... •, -...'` ..'4 � F /FRS � .. y •�°� �. '�. 3" �•, �i`i' , •� ��'� rig .i�� !* s _. O.r. t '. -+ "l. `� `.� .. ��\ .ti Y`a ",•:'• ,ate "�` : 1, i., ' 'L•. t' 1 � l�s. r \ ."rR r AP 21 J T r !} h+✓i a - . ,. •' � 'gam.- ' - . , t $fid Ak { i t NWI Estuarine and Marine Deepwater: r, NWI Estuarine and Marine Wetland 's �, ,.�,►; �� �� NYSDEC Freshwater Wetland ` / rt Subject 1 4 � r �'.�}� y• ► q /•/¢. p �,♦ F AVl 5.,.� 7 ;✓.e ,.d MEM i r.�� .. � . ♦ -:1 � � /i ill � � *':� '� �I' 1.A site inspection performed 6/1/2021 by W.P. Bowman, PhD, Land Use Ecological Services, Inc. confirmed that no wetlands are present on the Subject Property. 2. Subject Parcel is> 2,700 feet from NWI tidal wetlands associated with Long Island Sound. Source: Esn,Maxar,GeoEye, art star Geographies,cNEsiA rt r�slgs. use .,use°s;,,ero�R�o, IGN,and-ii%�GI-S erg,; IF KF-' ,: USFWS NWI wetlands data from the Wetlands Mapper. OpenStreetMap contributors,and t e I• user c•mrnunity S 3. Subject Parcel is> 5,200 feet from NYSDEC regulated freshwater wetlands. N Prepared By: Land Use Ecological Services,Inc. Project:Wetland Delineation&Inventory Freshwater wetland data from CUGIR. 1 in = 1,000 ft1 T T 570 Expressway Drive South,Suite 2F For: Key Energy Capture-NY26 Cutchogue and <J S Medford,NY 11763 At: 10750 Oregon Road,Cutchogue,NY 4. Subject Parcel digitized from Suffolk County GIS Viewer. 0 250 500 1,000 SCTM #1000-83 -3 -6.1 5. Basemap from ESRI. ft Date: 6/2/2021 Revised: Scale:As Noted Sheet:W-1 APPENDIX B: NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish and Wildlife,New York Natural Heritage Program 625 Broadway,Fifth Floor,Albany,NY 12233-4757 P:(518)402-89351 F:(518)402-8925 www.dec.ny.gov October 27, 2021 William Bowman Land Use Ecological Services 570 Expressway Drive South, Suite 2 F . Medford, NY 11763 Re: Proposed 60 MW.Battery Energy Storage Facility at 10750 Oregon Road, Cutchogue County: Suffolk Town/City: Southold Dear William Bowman: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to the above project. We have no records of rare or state-listed animals or plants, or significant natural communities at the project site. Within 1.25 miles of the project site are two documented non-winter locations of Northern long-eared bat (Myotis septentrionalis, state-and federally listed as Threatened). The bats may travel 1.5 miles or more from documented locations. The main impact of concern for bats is the removal of potential roost trees. For information about any permit considerations for your project, please contact the Permits staff at the NYSDEC Region 1 Office, Division of Environmental Permits, at dep.rl@dec.ny.gov. For most sites, comprehensive field surveys have not been conducted. We cannot provide a definitive statement on 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 resources may be required to fully assess impacts on biological resources. For information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the Permits staff at the NYSDEC Region 1 Office as described above. Sincerely, Heidi Krahling Environmental Review Specialist New York Natural Heritage Program 903 EW YORK I Department of STATEOi OPPORNNITY EnVlronmentat Conservation APPENDIX C: 10750 Oregon Road �1 A� C 4 Ab VR tY n\ r �c u� ❑ l� oc r a asp October 28, 2021 1:9,028 0 0.07 0.15 0.3 mi 0 0.13 0.25 0.5 km Sources:Esri,HERE,Garmin, Intermap,increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors,and the GIS User Community NYS Department of Environmental Conservation Not a legal document APPENDIX D: http://www.dec.ny.gov/natureexplorer/ New York Nature Explorer User Defined Results Report Criteria: Selected Map Area S uffvf k C cscin ty t Common Name Subgroup Distribution Year Last Protection Status Conservation Rank—, Status Documente State Federal State Global Plant: Flowering Plants Bushy Rockrose Other Flowering Plants Recently 1990 Threatened S2 G3 Confirmed Crocanthemum dumosum Velvety Bush Clover Other Flowering Plants Historically 1919 Threatened S2 G4? Confirmed Lespedeza stuevei Woodland Agrimony Other Flowering Plants Historically 1932 Threatened S2 G5 Confirmed Agrimonia rostellata New York State Department of Environmental Conservation Page 1 of 2 6/2/21 3:38 PM New York Nature Explorer � n. 0 0 a '.,':• :' 00 0 d :.: D 0 0 '•`,':' jWI�.r'2.74�_.[y d ohm Note: Restricted plants and animals may also have also been documented in one or more of the Towns or Cities in which your user-defined area is located, but are not listed in these results. This application does not provide information at the level of Town or City on state-listed animals and on other sensitive animals and plants.A list of the restricted animals and plants documented at the corresponding county level can be obtained via the County link(s)on the original User Defined Search Results page.Any individual plant or animal on this county's restricted list may or may not occur in this particular user-defined area. This list only includes records of rare species and significant natural communities from the databases of the NY Natural Heritage Program.This list is not a definitive statement about the presence or absence of all plants and animals, including rare or state-listed species, or of all significant natural communities. For most areas, comprehensive field surveys have not been conducted, and this list should not be considered a substitute for on-site surveys. New York State Department of Environmental Conservation Page 2 of 2 6/2/21 '3:38 PM 6/2/2021 APPENDIX E. IPaC:Explore Location resources IPaC U.S. Fish &Wildlife Service 1PaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are.known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of ,t proposed activities) information. - Below is a summary of the project information you provided and contact information-forithe U,SFWS ~ office(s)with jurisdiction in the defined project area. Please read the introduction`to each ecfion that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWIUWetlards)for additional information applicable to the trust resources addressed in th t�,:s,ectitih. Location. :} Suffolk County, New York . ,1 �: I Local office Long Island Ecological Services Field Office t. (631) 286-0485 1@ (631) 286-4003 340 Smith Road Shirley, NY 11967-2258 https://ecos.fws.gov/ipac/location/ZIDS7G7L5RCBLJZMJGYVE3D6BI/resources 1/12 6/2/2021 IPaC:Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI)for species are also considered.An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change,the species on this list are not guaranteed to be found on or near,, the project area. To fully determine any potential effects to species, additional site-specific and-..,,._ �`':, project-specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of-:the Secretary information whether any species which is listed or proposed to be listed mayibe.,pre'sent-in the area of such proposed action"for any project that is conducted, permitted,fun`dedi;;pr licensed by any Federal agency. A letter from the local office and a species list which fulfills'thi `requirement can ... , only be obtained by requesting an official species list from either the Regulatory Review section in IPaC(see directions below) or from the local field office directly,: , For project evaluations that require USFWS con.curre-h. re,view, please return to the IPaC website Iand request an official species list by doing.the following: J 1. Draw the project location and.click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do,so)X, ,o, 4. Provide a name and,description for your project. 5. Click REQUEST SPECIES LIST. Listed species-a'n,d their critical habitats are managed by the Ecological Services Program of the U.S. ' Rish.Ad-Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Admi'ristration (NOAH Fisheries2). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed,for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. 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. ' The following species are potentially affected by activities in this location: ' Mammals NAME. STATUS https:/Iecos.fws.gov/ipac/location/Zi DS7G7L5RCBLJZMJGYVE3D6BVresources 2/12 6/2/2021 IPaC:Explore Location resources Northern Long-eared Bat Myotis septentrionalis Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws gov/ecp sLpecies/9045 Birds NAME STATUS Piping Plover Charadrius melodus Threatened There is final critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws gov/ecp sLpecies/1 864 Roseate Tern Sterna dougallii dougallii ­Enclan d �er,.ed No critical habitat has been designated for this species. V N haps://ecos.fws.gov/ecp/species/2083 X Flowering Plants NAME STATUS Sandplain Gerardia Aga I inJ_s._acuta-`, Endangered Nr5 Wherever found j 4x No critical habitatfias b n designated for this species. haps://ecosfuvs.gov/ecp/species/8128 Sea'b,e'6ch Amaranth Amaranthus pumilus Threatened W h d e ff-(�j No-critical habitat-has been designated for this species. https://ecos.fws gov/ecp sLpecies/8549 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS ATTHIS LOCATION. Migratory birds https://ecos.fws.gov/ipac/Iocation/ZlDS7G7L5RCBLJZMJGYVE3D6BI/resources 3/12 6/2/2021 IPaC:Explore Location resources Certain birds are protected under the Migratory Bird Treaty Act!and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandard r& ns The birds listed below are birds of particular concern either becaus(Kthey occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attentiomin you'r`project location. To learn more about the levels of concern for birds on your list and.howthis'list isgenerated, see the FAQ below.This is not a list of every bird you may find inj;this location, nor a guarantee that every bird on --_ ,,, �- this list will be found in your project area. To seemss_exact locations of where birders and the general public have sighted birds in and around,yoar`projec`t area,visit the E-bird data mapping tool (Tip: enter your location, desired date.range'and alspecies on your list). For projects that occur off the Atlantic Coast, additional maps, nd-models detailing the relative occurrence and abundance of bird species on your list are..avallable`.Links to additional information about Atlantic Coast birds, and other important information--about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. Rr-= For guidance onwhen to schedule activities or implement avoidance and minimization measures to reduceJ,n?. acts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top.`of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON (IFA ............................................................................... BREEDING SEASON IS INDICATED ............................................................................................. FOR A BIRD ONYOUR LIST,THE .............................................--..................................................... BIRD MAY BREEDIN YOUR .................................................................................... PROJECT AREA SOMETIME WITHIN ....................................................................................................... THE TIMEFRAME SPECIFIED, ..............................................................................a........... WHICH IS AVERY LIBERAL .................................................................................... ESTIMATE OF THE DATES INSIDE .............................................................................................I........... WHICH THE BIRD BREEDS ...................................................................... ACROSS ITS ENTIRE RANGE. .......................................................................................... "BREEDS ELSEWHERE" INDICATES ............................................................................................................. https://ecos.fws.gov/ipac/location/ZiDS7G7L5RCBLJZMJGYVE3D6BI/resources 4/12 n0000 PaC Explore Location resources TH/�'THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT Black-billed Cuckoo OJ[[yZUSerythrOpthalrOUS Breeds May 15tOOct 10 This isaBird ofConservation Concern(B[{]throughout its range in ' the continental USA and Alaska. https:/2e<os.1wCs gUv\ecCspecies/9399 ` Bobolink DOl|[h0DVXOryZiv0RJS Breeds May Z0tOJul 31 This isaBird nfConservation Concern(B[{]throughout its range in the continental USA and Alaska. - Buff-breasted Sandpiper [alidriSSUbrUfi[011iS Breeds elsewhere This isaBird nfConservation Concern(B[[)throughout its range in ' the continental USA and Alaska. htt P-5 e c-os 2w s o vbe c�Ws P_�!<��/�y�D ' ii vi � Least Tern Ste[Oa3Otill8rUrOBreec IS r S""� 1(} This isaBird ofConservation Concern(BC[)only inparticular Bird Conservation Regions(B[Rs)inthe continental USA /0 � Lesser Yellowlegs Tringa fl8ViDes g- r=e 5elseVVher8 ThisisaBird ofConservation Concern( )throughout its,range in the continental USA and Alaska. https://ecos.fws gUv/ecp species/9679 Prairie Warbler Dendroica cliscffdr�, Breeds May 1 to Jul 31 This is a io rd B[[)throughout its range in ^..~ `~..^..`.... ~ . _ Breeds elsewhere Concern(B[[)throughout its range in ontinental USA and Alaska. the t - �Red-throated LOOO Ga\i8St2llat@ ' Breeds elsewhere This isaBird ofConservation Concern(B[[]throughout its range in the continental USA and Alaska. RUdd«TUrDStODe A[2DO[iainte[preS [0OriOell8 Breeds elsewhere This isaBird ofConservation Concern (B[[)only inparticular Bird Conservation Regions(B[Ro) inthe continental USA SeDlipO101at2dS8OdDiDer [8lidrisDUI'lla ' Breeds elsewhere This isaBird nfConservation Concern(B[[)throughout its range in the continental USA and Alaska. - 5112 6/2/2021 IPaC:Explore Location resources Short-billed Dowitcher Urnnodromus.griseus' Breeds elsewhere This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecptspecies/9480 Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. T Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attemptingto �-; interpret this report. � Probability of Presence (o) ;. ' r � ; g Each green bar represents the bird's relative probability of presence in the 1Okm grid cell(s)your project overlaps during a particular week of the year. (A year is repretsented'�as 12 4-week months.) Vi ' A taller bar indicates a higher probability of species presence:The survey effort(see below) can be used to establish a level of confidence in the presence sc& ne can have higher confidence in the presence score if the corresponding survey effort.jsalsohlgh: How is the probability of presence scoregcdlculated?The calculation is done in three steps: ij ., 1. The probability of presence�fat each wg k"is calculated as the number of survey events in the week where the species wOdetectted divided by the total number of survey events for that week. For example, If in wei&'1a2 there were 20 survey events and the Spotted Towhee was found in 5 of thek::the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly$presentthe pattern of presence across the year,the relative probability of presence is calculated`this is the probability of presence divided by the maximum probability of presence across allweeks. For example, imagine the probability of presence in week 20 for the Spotted ' _Tovuhee Is 0.05, and that the probability of presence-at week 12 (0.25) is the maximum of any week of the year.The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive.This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. - Breeding Season (o) Yellow bars denote a very liberal estimate of the-time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort(1) https://ecos.fws.gov/ipac/location/ZIDS7G7L5RCBLJZMJGYVE3D6BI/resources 6/12 6/2/2021 IPaC:Explore Location resources Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 1 Urn grid cell(s)your project area overlaps. The number of surveys is expressed as a range,for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast,where bird returns are based on all years of available data, since data in these areas is currently much more sparse. D probability of presence 13 breeding season I survey effort —no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC-.-- Black-billed ECD-Black-billed NMI HE HHRH HE HN H. Cuckoo -1--1--1--1- x--1--1--1- -1-1- I F I- I- �+ +'III I P, ' i i° ,M' .i i I `I' I �: I I aI I, { yl 11++ BCC Rangewide . (CON)(This is a " Bird of..................... -,:.}:.. ;I,���:".�.: -. ................... Conservation ......._..._....................... Concern(BCC) s throughout its ................... -: range in the continental USA and Alaska.) Bobolink � � 1-1 11 -I- I I I, I-� I i �0 I I 1114 -1-A_++ BCC Rangewide t I (CON)(This is a Bird of -- ................... Conservation ..................... Concern(BCC) ........................................ throughout its range in the continental=USA�� and Alask-a.) '' .............:::...::... Buff=breasted- ++++ -I ++ I I-+ I - 4-4-+ ++++ +I-I O -++ I- Sandpiper BCC Rangewide ............................................ (CON)(This is a .......................................... Bird of ................... Conservation Concern(BCC.. throughout its ........................................ range in the .................................. continental USA ............................................. and Alaska.) .................................. https:/Iecos.fws.govrpac/location/ZlDS7G7L5RCBLJZMJGYVE3D6B]/resources 7/12 612/2021 lPaC:Explore Location resources Least Tern _141-1- ttt t -F t BCC-BCR(This is a N NNN NUR H NO N11�NH HN++ -1-A-A-+ -1 ...................................................... ir d'o' *f'.................................... .......... Conservation Concern(BCC)only '............* ­...............* ' in particular Bird ............................................... Conservation*­' "*''"*' *'' ............ Regions('B*'C*'R's)in the..continental ............ .........................................* ­*................ USA ............. Lesser Yellowlegs -A-A-++ -4-4-M A_A4+ _14-1--l- BCC Rangewide ..(This..i.s..a .......................................... Bird of Conservation .............................. Concern(BCC) ....................................... throughout its range ........................... continental USA ............................................. ­*T' * * *.......... and Alaska.) .................................. Prairie Warbler A_A-++ -I--1--I--I A-+,+ +++ *++ _14-1 F I I I BCC Rangewide .............. '('65'N")(T�is' is a ................................... "A Bird of Conservation ' .................................... Concern(BCC) .................................... throughout its ...................................... range in the ................... continental USA ............ and Alaska.) .................................. Purple Sandpiper -4-4-4-+ +A­++ A-A-A-+ -4-A III -A4 +-1-11101 *'7k A­++ BCC Rangewide ............................. (CON)(This is a .... Birdof..................................... ........... Conservation Concern(BCC)'* ' ................................. throughout its .................... range h _k continental USA ............... ............... x'04 a, ............ Red4hroated Loon 1 -14++ +-14— -1-j-A-+ EI--Elm BCC Rangewide .................... (CON)(This is a ............................. '............... Bird of Conservation *r s e* 'r'vation ..................................... ........................................Cncern(BCC) throughout its ........................................ .......... range in the ................................. continental USA ............................................. 2.�d Alaska.) ................ https://ecos.fws.gov/ipac/Iocation/ZiDS7G7L5RCBLJZMJGYVE3D6B]/resources 8112 6/2o02lPuC Explore Location resources RuddyTumstone ++++ t+ 4+_1_4 ++ff 0+ff +++f [J+Tf '�ircl of [onsemadon -------- Concern in particular8|nd _ Conservation . _______' ` Regions(BCRs)in the continental USA ��������� ) Semipa|mated 444� +++ ' ++++ ��ff +oL�LU Q0ff �0 +4++ ++14 Sandpiper . . . B[[Rangewide *� '- [onsema�on Concern(BCQ t: roughout its continental USA n Short-billed ���� ���� �� ��ff ��ff ff�� +++� ��ff Dn*�cher ' ' ' ' ' ' ' ' ' ' ' u u � � u�Cxa \� = Birduf � ---- [onsema�nn -- -__' Concern(B[[) --_-_--_'�� throughouths - ---- range m.the continental USA v��P om x �»—_.��-��� Wood Thrush f ' ++++ ++++ _+0-1++� [[Rangewide .................................. . Bird of [onsemaU `.._cer.. .� _ coh.tin6lfti�l USA Tell nnemore about conservation measures | can implement to ' avoid orminimize impacts tomigratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts toall birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur inthe project area.VYhenbirdsnnaybrbreedinginthearea, identifvingthe |ocationsofanyactivenestsand avoiding their destruction isavery helpful-impact nnininnization measure.Tosee when birds are most likely to occur and bebreeding in-your project area'vievvthePrnbabi|ityofPresenceSunnnoary. or permits may bpadvisable depending onthe type ofactivity you are conducting and the type nfinfrastructure or bird species present onyour project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List iscomprised ofUSFVV5 BCC}and other species that may warrant special attention inyour project location. httpoj/eoonjwv.Qm/ipon8000Uon/Z|OG7G7LnRCBLJZMJGYVEoDnBKmooumoo enu 6/2/2021 IPaC:Explore Location resources The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN).The AKN data is based on a growing collection of survey, banding,and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects,and that have been identified as warranting special attention because they are a BCC species in that area, an eagle Eagle Act requirements may apply),or a species that has a particular vulnerability to offshore activities or development. Again,the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur.in your project area.To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network(AKN).This data is derived from a growing collection of survey,, banding, and citizen ; science datasets. Probability of presence data is continuously being updated as new and better information becomes available To learn more about how the probability of presence graphs are produced and how to interpret.,them,gorythe Probability of Presence Summary and then click on the"Tell me about these graphs" link How do I know if a bird is breeding,wintering, migrating or present year-round In myproject area?, To see what part of a particular bird's range your project area falls,withiri.(i e breeding,wintering, migrating or year-round),you may refer to the following resources:The CornelhLab of'Orn`ithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there),the'CorneIJ'Lab of Ornithology Neotropical Birds guide. If a bird on our migratory birds species list has a breedln season associated with it, if that bird does occur g Y g rY p ,, ,, g in your project area,there may be nests presenvat some p,6A within the timeframe specified. If"Breeds elsewhere" is indicated,then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered thr6b h IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds:are Birds of Conservation Concern (BCC)that are of concern throughout their range anywhere Within the USA(including Hawaii,the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCCA'-BCR birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs)in the :, continental USA; and 3.'-'Non`BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements(for eagles)or(for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities(e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular,to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal.The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and PredictiveMapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. https:/Iecos.fws.gov/ipac/location/ZIDS7G7L5RCBLJZMJGYVE3D6BI/resources 10112 6/2/2021 IPaC:Explore Location resources Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data,see the Diving Bird Studv and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if 1 have eagles on my list? If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area,only a subset of birds of priority concern.To learn more about how your list is generated,and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the"probability of presence"of birds within the lb., km grid cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please-.also;;liook!'',• carefully at the survey effort(indicated by the black vertical bar)and for the existence of the"no data'i indicator 5(a red horizontal bar).A high survey effort is the key component. If the survey effort is high,then,-the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or-,no data bar}.means a lack of data and,therefore,a lack of certainty about presence of the species.This list is not"perfect;.it issimpIy a �z: starting point for identifying what birds of concern have the potential to be in.your project'area,when they might be there,and if they might be breeding(which means nests might be present).'-The list`helps you know what to look for to confirm presence,and helps guide you in knowing when-to implerrent,conservation measures to avoid or minimize potential impacts from your project activities,should Epresenceybeconfirmed.To learn more about conservation measures,visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds"at the bottom of your migr-atory'.birdl st resources page. Facilities NationalMildlife Refuge lands Any.actvity_.proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS ATTHIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES ATTHIS LOCATION. Wetlands in the National Wetlands Inventory https://ecos.fws.gov/ipac/location/ZI DS7G7L5RCBLJZMJGYVE3D6BI/resources 11/12 6/2/2021 IPaC:Explore Location resources Impacts to NWI wetlands and other aquatic habitats maybe subject to-regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. THERE ARE NO KNOWN WETLANDS ATTHIS LOCATION. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location,type and size of these resources.The maps are prepared from the analysis of high altitude imagery.Wetlands are identified based on vegetation,visible hydrology and geography.A margin of error is inherent in the use of imagery;thus,detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery,the experience of the image_analysts`,�' the amount and quality of the collateral data and the amount of ground truth verification work conducted.' Metadata should be consulted to determine the date of the source imagery used and any mapping,prozblems. } Wetlands or other mapped features may have changed since the date of the ima e o.r field work.There ma be PP Y g g ry--,- h.. y occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. i.. , Data exclusions Certain wetland habitats are excluded from the National.'a-pping program because of the limitations of aerial imagery as the.primary data source used to detect Wetlands:These habitats include seagrasses or submerged aquatic vegetation that are found in the intert&d:and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities(coral or t0berficid Worm reefs) have also been excluded from the inventory. These habitats, because of their depth,go undetected by aerial imagery. Data precautions Federal,state,and,local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different,Ima`nner than that used in this inventory.There is no attempt,in either the design or products of this inventory.,to define the limits of proprietary jurisdiction of any Federal, state,or local government or to establish the=geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities-involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state,or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.fws.gov/ipac/Iocation/ZiDS7G7L5RCBLJZMJGYVE3D6B[/resources 12/12 APPENDIX F: EAF Mapper Summary Report Wednesday, June 2, 2021 4:40 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF p` question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. rjq Ott.1w8 Montreal ? a. Ou Toronto Fochrtcr Nhary ?.} r.,petralt r Boston s ievtixr+<i Providence e IRP NCV!Ik Rdtfttuergh Cc htx s Philadelphia armin,USGS. hitetmap,.ItdCREMENTP;NRCan..Esti Japan�t��LEll,Esd China(Hong Konc(i,Esd tMENT 't1 Car>.Esri Japan,taEll;Esri China(Hong Konc(i;Esti Kora;Esri Miailanct),HGCC,(<I OpenStreetFAap Cotrttibt.rtOrs. and the GIS User Comte unity P(.dn@j)e»St edtAal)C-OlAdby���a� .. t r t�ie GIS User Cotnm Lith 1'ia�i ii��tloT1 B.i.i [Coastal or Waterfront Area] Yes B.i.ii [Local Waterfront Revitalization Area] Yes C.2.b. [Special Planning District] Yes- Digital mapping data are not available for all Special Planning Districts. Refer to EAF Workbook. C.2.b. [Special Planning District-Name] NYS Heritage Areas:Ll North Shore Heritage Area E.1.h [DEC Spills or Remediation Site- Digital mapping data are not available or are incomplete. Refer to EAF Potential Contamination History] Workbook. E.1.h.i [DEC Spills or Remediation Site- Digital mapping data are not available or are incomplete. Refer to EAF Listed] Workbook. E.1.h.i [DEC Spills or Remediation Site- Digital mapping data are not available or are incomplete. Refer to EAF Environmental Site Remediation Database] Workbook. E.1.h.iii [Within 2,000' of DEC Remediation No Site] E.2.g [Unique Geologic Features] No E.2.h.i [Surface Water Features] No E.2.h.ii [Surface Water Features] No E.2.h.iii [Surface Water Features] No E.2.h.v[Impaired Water Bodies] No E.2.i. [Floodway] No E.2.j. [100 Year Floodplain] No E.2.k. [500 Year Floodplain] No E.2.1. [Aquifers] Yes E.2.1. [Aquifer Names] Sole Source Aquifer Names:Nassau-Suffolk SSA E.2.n. [Natural Communities] No E.2.o. [Endangered or Threatened Species] Yes Full Environmental Assessment Form - EAF Mapper Summary Report I E.2.o. [Endangered or Threatened Species- Northern Long-eared Bat Name] E.2.p. [Rare Plants or Animals] No E.3.a.-[Agricultural District] Yes E.3.a. [Agricultural District] SUFF001 E.3.c. [National Natural Landmark] No E.3.d [Critical Environmental Area] No E.3.e. [National or State Register of Historic Digital mapping data are not available or are incomplete. Refer to EAF Places or State Eligible Sites] Workbook. E.3.f. [Archeological Sites] No E.3.i. [Designated River Corridor] No Full Environmental Assessment Form - EAF Mapper Summary Report 2 APPENDIX E 0 33 Moulton Street O)�®do�j� A E N " E C " Cambridge MA 02138 1 6174998000 8000 o acentech.com April 19, 2022 Joel Richardson, PE H2M Architects+ Engineers 538 Broad Hollow Road, 4th Floor East, Melville, NY 11747 Subject: KCE NY 26 Battery Energy Storage System Noise Evaluation Cutchogue/Southold, NY Acentech Project No.: P635300, Revision 3 Dear Joel: We have conducted a noise evaluation for a battery energy storage system (BESS) for Key Capture Energy (KCE). The project is to be located on a 27-acre site located at 10750 Oregon Road, in the Hamlet of . Cutchogue, Town of Southold, Suffolk County, New York ("KCE NY 26"). To determine the impact of the BESS, we developed an acoustic model to calculate the expected sound levels of each of the noise producing equipment at nearby community receivers. The equipment includes battery storage containers, inverters, substation transformers, and air conditioning for control houses. PROJECT NOISE REQUIREMENTS TOWN OF SOUTHOLD The Town of Southold noise ordinance (Section 180-6 Standards) limits sound levels at the property line of the receiving property based on the time of day, the sound source category, and the receiving property category. The relevant project limits are provided in Table 1. The controlling noise limit will be the residential nighttime limit of 50 dBA during weeknights (Sunday to Thursday) at night(7:00 pm to 7:00 am). TABLE 1:Town of Southold Maximum permissible A-weighted Sound Pressure Levels(dBA) Weekday Time of Day Sound Limit, Time of Day Sound Limit, dBA dBA Sunday to 7:00 am to 65 7:00 pm to 50 Thursday 7:00 pm 7:00 am Friday to 7:00 am to 65 11:00.pm to 50 Saturday 11:00 pm 7:00 am STATE OF NEW YORK The New York State Department of Environmental Conservation (NYSDEC) has published a Program Policy Memorandum entitled "Assessing and Mitigating Noise Impacts"dated 10/6/2000 and revised 2/2/2001. This document does not provide a fixed numerical sound limit, but provides general guidance on increases in noise levels due to stationary sources of sound: Increase in ambient of 0-3 dB: "No appreciable effects on receptors" Increase of 3-6 dB: "may have potential for adverse noise impact only in cases where the most acoustics I technology vibration KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 2 of 8 sensitive of receptors are present" Increases of more than 6 dB: "may require a closer of analysis of impact potential depending on existing sound pressure levels and the character of surrounding land use and receptors" The guidance document suggests that one can assume a background sound level of 45 dBA for a"quiet, seemingly serene setting"which would describe this project area. Based on this assumed ambient, we can provide some qualitative estimates of the impact of the project given the NYSDEC guidance. For this requirement,we will evaluate the sound levels at the nearest residential abutters to KCE NY 26. PURE TONE REQUIREMENTS The NYSDEC guide' has a qualitative guidance regarding sounds that produce a"pure tone"or a"discrete .tone"(See section V.13.5 for definition). Section V.4 states that, "Pure tones are relatively rare in nature but, if they do occur,they can be extremely annoying". This type of sound is of concern here because the project equipment, in particular the inverters and transformers can produce pure tones as part of the process of converting and transforming direct current(DC) power into 60 Hz alternating current(AC). The pure tones are produced at twice the line frequency and harmonics (120, 240 and 480 Hz). The NYSDEC policy noted above also comments on the existence of pure tones, but does not have specific qualitative or quantitative limitations. NOISE COMPUTATIONS Acentech developed an acoustic model of the proposed BESS and surrounding neighborhood.The acoustic model was developed using Cadna/A software to estimate the contributions of various noise sources to the community sound levels. Cadna/A complies with international standard ISO 9613-2"Attenuation of sound during propagation outdoors-- Part 2: General method of calculation." The sources of noise included any sound producing equipment as described below. PROJECT SITE DESCRIPTION Figure 1, attached, shows the proposed site plan.We have identified six residences in the surrounding neighborhood as shown in Figure 2. These residences are representative of the closest proximity residences to the project site, which would represent homes with the loudest project sound levels. There are other residences nearby each receiver,which we expect to have similar sound levels. Figure 2 also shows the project property line at which points we will evaluate the Town of Southold noise limits given in Table 1. EQUIPMENT SOUND LEVELS Table 2 provides the input sound power level (Lw)for the BESS sound producing equipment. Spectral data for some equipment was based on previous project experience, and we expect similarly selected equipment to produce similar overall sound levels for this project. The tonal character of the actual equipment used in this project will depend on the specific equipment selections. Project sound sources are identified with red crosses on Figure 2. The noise producing equipment at BESS includes: Sixty-eight(68) battery storage groupings with four Sungrow model ST2752UX containers each (for a total of 272 units).The octave band sound data provided for the battery storage containers were provided by the manufacturer and measured under extreme temperature and load conditions.The battery storage container model is designed for a maximum power of—1376 kW when installed at its peak power rating for a 2-hour system. KCE NY 26 is an 8-hour system, and will therefore run at 25%of the full electrical current(i.e. load) per BESS enclosure.With conservative assumptions regarding battery operation,the project engineers have determined that a halving of current leads to a 53% reduction in fan speed.We have estimated that this could result in a 6 dB reduction in overall sound levels per battery storage container, which is appropriate operating scenario given the details outlined above. 1 NYSDEC Program Policy Memorandum, "Assessing and Mitigating Noise Impacts"dated 10/6/2000 and revised 2/2/2001. a�)((; ACENTECH KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 3 of 8 Seventeen (17) inverters (5000 kW), by Sungrow, model SC5000UD. The manufacturer provided 1/3-octave band sound power levels and overall sound pressure levels at 1 meter,from which we calculated octave band sound power levels to use in our acoustic model. One (1) main power transformer(MPT).We have assumed a transformer with a NEMA TR-1 guaranteed maximum noise level of 85 dB at 100%.load, an average sound pressure level rating at 2. meters. We estimated octave band sound power levels based on our prior project experience and engineering knowledge. Two (2) HVAC units: Marvair ComPac I and 11. The HVAC units located on the substation control house are equipped with a silencer to reduce sound levels. Manufacturer provided overall sound pressure level at various distances.We calculated an overall sound power level for this device based on that data and estimated octave band levels. TABLE 2: Equipment Octave Band Sound Power Level (dB re: 1 pW) Octave Band Center Frequency(Hz) Overall Equipment 31.5 1 63 1 125 250 1 500 1,000 1 2,000 4,000 8,000 Sound Power Sound Power Level(dB) (dBA) Battery Storage 78 78 76 83 83 76 73 71 71 83 Inverter(5000 kW) 81 82 86 85 90 82 85 84 79 92 Transformer(100 MW) 102 102 104 99 99 93 88 83 76 99 Control House HVAC 96 93 90 87 84 81 78 75 72 86 SOUND BARRIER WALLS The baseline design of the BESS is surrounded fully to the West and partially to the North and South by sound barrier walls that are 12 feet high above the ground. The selected noise barrier must be continuous, avoiding gaps between the modular pieces. The noise barrier should be rated at STC 25 or higher to provide adequate performance. The barrier wall construction should have an absorptive finish on the side facing the equipment;to achieve this you must have a perforated finish exposing the sound-absorptive material.Where sound absorption is needed,the sound absorptive surface should achieve a minimum NRC rating of 0.70. The sound barrier is shown in Figure 3. There is an opening for emergency egress and site access (-20 ft)for access roads to the west.We are assuming these openings will be provided with a chain-link gate, so we have modeled them as an opening between the two sides of the wall seen in Figure 3. Residential Receptors As noted above, we have identified six residences in the surrounding neighborhood at which to evaluate noise. Figure 2 shows the receptor locations, identified as black and white circles, denoted R-1 through R-6 near the BESS.We calculated the nighttime sound level at these locations with receptor heights of 5 feet(1.5 meters) representing ground level receptors at the adjacent properties. RESULTS We calculated project only sound levels at each receptor using the Cadna/A noise model and combined it with the assumed ambient sound level of 45 dBA to determine the future sound levels. We have then also determined the increase over ambient at the six residential receptors locations.The project and ambient sound pressure levels noted above add logarithmically.The combined future sound levels can be compared to the Town of Southold's 50 dBA nighttime residential limit. The increase over ambient can be compared to the guidance provided by NYSDEC. Table 3, presents the predicted sound levels for each receiver. Figure 4 shows the 50 to 85 dBA sound contours for night operation at a height of 5 feet(1.5 m) above the ground. The purple line shows the project property line.. The Town of Southold nighttime sound limit is 50 . dBA as given in Table 1. Anywhere the 50 dBA contour(outer grey contour in Figure 4) passes the property line in purple are points at which the 50 dBA sound limit is exceeded at the property line. We have calculated ONO- ACENTECH KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 4 of 8 that this excess is no more than 5 dB at the property line. Put another way, we estimate that the 50 dBA contour goes no more than 250 feet past the property line. TABLE 3:Model Results—(Configuration 1:with Emergency Egress Openings) Receiver Height Assumed Ambient Calculated Project Combined Future Expected Increase Rdceiver Only Sound Level over Ambient (m) (dBA)* Sound Level(dBA)(dBA) (dBA) R-1 1.5 34 45 0 R-2 1.5 35 45 0 R-3 1.5 35 45 0 45 R-4 1.5 39 46 1 R-5 1.5 31 45 0 R-6 1.5 28 45 0 *Per NYSDEC Program Policy Memorandum(noted above) CONCLUSIONS Project noise levels will not exceed the Town of Southold's nighttime residential noise limit of 50 dBA at neighboring residences. Further, based on the assumed background sound level of 45 dBA,we estimate that the project noise levels at residential receivers will only increase the background sound levels at a single nearby residential receivers by no more than 1 dBA. This falls into the NYSDEC category wherein"No appreciable effects on receptors" is expected. At the property line,we expect background noise levels to increase by 5 dBA, which falls into the NYSDEC category of"may have potential for adverse noise impact only in.cases where the most sensitive of receptors are present."Given the agricultural use of land at this property line, we expect the receptor is not in the"most sensitive"category, and therefore do not expect adverse noise impacts. We recognize that on some of these properties sit residential homes, but we are not predicting excesses at the residence. We have examined the calculated octave band sound pressure level data for the existence of Pure Tones. The project octave band sound data has potential for pure tone conditions; however, the potential for a pure tone is at a low sound pressure level. When this sound pressure level is combined with an existing ambient sound level of 45 dBA the ambient sound will mask the pure tone condition. * * * * * Please contact me.at 617-499-8058 or.mbahtiarian(@acentech.com with any questions or comments. Sincerely, ACENTECHINCORPORATED Michael Bahtiarian Principal Consultant Cc: Tyler Tracy; Acentech 4®§0 ACENTECH KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 5 of S FIGURE 1:Site Plan w.ahtNa e,cn =bi Iv PP '- •--- ®Q • .. o o 11 _ h ,I� i tf ^� _ •• ��`�� ' °�o� � p .I,. ..� ,- I �,� �,rye, Bl=SS LOT o rn pn LOT �/`"� =G • � e,rnw.iiiava� .. •. - -� NU•]9'79Y/ � I s _ .rxea,nq re•+�,worsaeaennca,aumm» ,n�raarenena, j;,yt` rUMCSCAU ..••.-,�•.° ,cwsv,w,�w.:ewamr.N,mmr, � 1 "{�� / 1 f fnrar) ,nn•w a ®>)0(0( ACENTECH KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 6of8 FIGURE 2: Proposed BESS and Nearby Receivers. Property Line shown in purple. Receiver (6 Typ) Property Line Sound Wall R-6 i - r R-3 r s Equipment Locations '41. >),01* A C E N T E C H KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 7 of 8 FIGURE 3: Outdoor Sound Model based on Proposed BESS Equipment Layout Battery Units •. Typ in fourrows) MEN e,. "1 i �} } }}. } } � . ,T1 } }} f�. .� #' }} ` VY Inverters (17 typ in two rows-) HVAC •>),);t{► ACENT E C H KCE NY 26 Battery Energy Storage Noise Evaluation April 19,2022;Revision 3 Page 8of8 FIGURE 4: Project Only Sound Contours in 5 dB intervals. All sound levels in dBA. Town night limit is 50 dBA(grey) Contour > 50.0 dB > .0 dB 60 �> 60.0 dB �> 65.0 dB �> 70.OdB �> BO.OdB R- R-3 R-5 R-4 4); ACENTECH i e APPENDIX F 3 � ♦ t i i i .fit �.iAr�r� .. ' t t . y. L_ wo 1A ]AN loll ON 4 WER 'i Nu KCE NY 26architects + engineers SITUATED AT EXISTING CONDITIONS LOCATION 1 KEY CAPTURE 10760 OREGON ROAD VIEW FROM OREGON ROAD AND DEPOT LANE INTERSECTION LOOKING EAST ENERGY CUTCHOGUE n� QTY O HAI ALM -BI.FfOLI(GOINTY.WW YOfM ' 1 - ` • ii Y i u 1 S .i - r.•.... ..-.-:.-... moi... .: _ ` r r r. -.... - ..: t...... - - _ WX -4 1 - __ - _ _r _ - _ �->.�•,+..�. ,�." � .z-K9+•.vu..r..iF•,�raxv"mc�`'� +r'^_"""'_'__.•.•.r.-r�� ..;, - �i. - s -;a„ .•�-..i "._ _. - ». - -. Irl i 4�.1�`it � •�� I��l . I II Y.I� I } �•I''. I i / 1. �� � � i�- '' l• � � I4�._._�. it/t. rig � L arm". KCE NY 26 EXISTING CONDITIONS LOCATION 3 architects + engineers SITUATED AT VIEW FROM DEPOT LANE INTERSECTION LOOKING NORTHEAST 10 KEY CAPTURi 760 OREGON ROAD ENERGY OUTCFK)OIJE ,aps� o�`0m CfTV OF IUIPaAU3E,SLFFp_K COI.NTY,IEW V(yb( ��Wm�i r I j j f �. • fi +m w k M=-W _..,. _ ._.. ,�'ts`?.^e.k +G?'� '��"� .. -: :.." - _ .. �_. 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' �a.� -yap` _ ` N \ e " rx 77- . r w t ` a- - x' < s / t SITUATEDKCE NY 26 11ARMAIM-11 IM Lim XOIWAI I Lol 01 WA architects engineers AT "EY CAPTURE 10750 OFtEGON ROAD1 ENERGY CUTCHOGUE :!C y-- `-. —: • r m ILI _ .. - - _-_..��...,--..... .:_-�.�;-ar-•.v..:.-r-�.^'�^"`."'s,�+t� ''�.._�.z.-�. .._.... :.. - - - :.:•_vw+r.,.�-+;fr'xirt'"c�e'ts„�"`�c-Y •' - C sem-.,_ ..�� - -� �-•--•__.....--••_ rte. !. �7 r+f• ..a I'+�.�' `-�li•f yi 1 I 0•. .Y i•1 / (i t Nr` �y_ �, a,^� t�; "� � - 2. •- � �%'�tS� � aP��7�ic�"�i�'�``F .� `�;'dR°, �- � •� 1 a. y ,.z -. ' _ t mow KCE NY 26 PROPOSED ACTION VISUAL SIMULATION LOCATION 3 architects engineers KEY CAPTURE 10SITUATED AT 75,0 OREGON ROAD VIEW FROM DEPOT LANE LOOKING NORTHEAST _ ENERGY CUTCHOGUE crtr of ruirvA”.s� K cow*Y rEw vast w., wwry r..`vn.K+exw r , I s `a �J I f l � � I . I iJ �j H2M architects+engineers 538 Broad Hollow Rd,4`h Floor East, Melville, NY 11747 tel 631.756.8000 fax 631.694.4122 www.h2m.com ' I