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Public Notice U.S. Army Corps of Engineers Buffalo District CELRB-TD-R Applicant: Alle-Catt Wind Energy, LLC Published: May 31, 2023 Expires: June 30, 2023 Application No: LRB-2021-00420 Section: NY All written comments should reference the above Application No. and be addressed to: US Army Corps of Engineers, Buffalo District Regulatory Branch, Attn: Molly Connerton 1776 Niagara Street Buffalo, NY 14207 THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME. Application for Permit under Authority of Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: Alle-Catt Wind Energy, LLC, One South Wacker Drive, Chicago, IL, 60606 WATERWAY & LOCATION: Federal wetlands and streams. The Facility Site (the collection of parcels that will host Facility components) is located in the Towns of Centerville, and Rushford, Allegany County; the Towns of Farmersville, Freedom, and Yorkshire, Cattaraugus County; and the Towns of Arcade and Eagle, Wyoming County, New York (Sheet 1 of 25). The Facility area is on leased land, which is roughly bounded by Genesee Road to the north, State Route 19 to the east, State Route 98 to the south, and State Route 16 to the west. LATITUDE & LONGITUDE: 4227'51.55"N (42.464319) 7820'6.35"W (-78.335097) EXISTING CONDITIONS: The Facility Site is located in the western portion of the glaciated Allegheny Plateau physiographic province of New York State. The Facility is located on land primarily comprised of deciduous forest, pastureland, hayfields, and actively managed row crops. Other ecological communities found within the Facility area include mixed and evergreen forest; woody and emergent herbaceous wetlands; successional shrubland; grassland/herbaceous OST-2025-1200 Page 01400 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024587 -3- AVOIDANCE AND MINIMIZATION INFORMATION: The layout was designed, in part, through an iterative process of identifying wetland locations and siting Facility components to avoid and minimize impacts to jurisdictional surface waters and wetlands wherever practicable. Temporary construction-related impacts to wetlands will be avoided through the use of timber mats, invasive species control measures will be utilized during construction, horizontal directional drilling will be utilized for installation of buried collection lines under streams and wetlands, where wetland soils are disturbed, any temporary fill will be removed at the completion of the construction, stockpiled wetland soils will be distributed and these areas will be restored to their original grade and profile. No action alternative: The No Action Alternative assumes that the Facility Site would continue to exist as is (i.e., that the Facility would not be constructed) and no wetlands would be temporarily or permanently filled or dredged. The No Action Alternative would also not affect current land use, ambient noise conditions, traffic or public road conditions, and would maintain the ecological resources, community character and socioeconomic conditions as they currently exist. However, the No Action Alternative is not best suited to promote public interest because it would deprive the state and region of a significant source of clean, pollutant-free energy and significant new revenue for host municipalities and landowners. It would not meet the purpose and need for project, which is to provide approximately $5,300,000 per year in economic benefits, reliable new sources of fuel-free, carbon-free electricity for state and regional consumers, Off-site alternatives: The preliminary selection of wind turbine locations on a regional or statewide basis is constrained by several factors that are essential for a wind energy generating facility to operate in a manner that is viable both technically and economically. These factors include: An adequate wind resource; Adequate access to the bulk power transmission system from the standpoints of proximity and ability of the system to accommodate the interconnection and accept and transmit the power from the Facility; Contiguous areas of available land; Compatible land use; Willing landowner participants and host communities; and Limited population/residential development. The Facility Site presented in this Application has been extensively refined to carefully meet the conditions outlined above and minimize the impact on sensitive environmental resources. The wind resource within the Facility Site is adequate for the wind turbine generator models being considered for the Facility. The transmission system that will receive electricity from the Facility can accommodate the Applicant's proposed 340 MW nameplate capacity and 340.2 MW grid injection limit. Given the constraints associated with the siting of wind powered facilities, the applicant did not conduct a detail evaluation of alternate facility sites. On-site alternatives: The Applicant has continually refined the Facility layout since 2018, when an initial layout of the Facility was developed based on a desktop review of mapped resources and known site features. Since then, the Applicant has made multiple revisions to the Facility design, based on environmental, cultural, and other studies, as well as on-site engineering and various regulatory considerations. These changes include modifications to the overall footprint of the Facility, including turbine layout, spacing between wind turbines, and changes to the placement of other Facility components to avoid ecological and archaeological resources, OST-2025-1200 Page 01401 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024588 -5- molly.a.connerton@a,usace.army.mil A lack of response will he interpreted as meaning that there is no objection to the work as proposed. The following authorization is required for this project: Water Quality Certification (or waiver thereof) from the New York State Department of Environmental Conservation. In accordance with 33 CFR 325.2(b)(1)(i), this public notice serves as notification to the Administrator of the Environmental Protection Agency (EPA) pursuant to section 401(a)(2) of the Clean Water Act. If EPA determines that the proposed discharge may affect the quality of the waters of any adjacent/neighboring jurisdictions other than New York, it will so notify such other jurisdictions, the district engineer, and the applicant. If such notice or a request for supplemental information is not received within 30 days of issuance of this public notice, the district engineer will assume EPA has made a negative determination with respect to section 401(a)(2). The project permit area, as shown on Sheet 1 of 25 is located within an archaeologically sensitive area identified by the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP). This notice constitutes initiation of consultation with the NYSOPRHP per Section 106 of the National Historic Preservation Act. All currently available historic resource information pertaining to this proposed project if any has been provided to the NYSOPRHP. Additional information concerning historic properties should be submitted to the Corps before the end of the comment period of this notice. The Corps will forward that information to the NYSOPRHP for their review. Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the Corps of Engineers is consulting, under separate cover, with the USFWS to evaluate any potential impacts to: Northern long eared bat, (Myotis septentrionalis), Clubshell (Pleuorbema clava) and the Northern riffleshell (Epioblasma rangiana) to ensure that the proposed activity is not likely to jeopardize their continued existence or result in the destruction or adverse modification of critical habitat. Comments submitted in response to this notice will be fully considered during the public interest review for this permit application. All written comments will be made a part of the administrative record which is available to the public under the Freedom of Information Act. The Administrative Record, or portions thereof, may also be posted on a Corps of Engineers internet web site. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment. Any individual may request a public hearing by submitting their written request, stating the specific reasons for holding a hearing, in the same manner and time period as other comments. Public hearings for the purposes of the Corps permit program will be held when the District Commander determines he can obtain additional information, not available in written comments, that will aid him in the decision-making process for this application. A Corps hearing is not a source of information for the general public, nor a forum for the resolution of issues or conflicting points of view (witnesses are not sworn and cross examination is prohibited). Hearings will not be held to obtain information on issues unrelated to the work requiring a permit, such as property ownership, neighbor disputes, or the behavior or actions of the public or OST-2025-1200 Page 01402 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024589 LRB-2021-00420 Alle-Catt Wind, LLC Figure 1. Regional Facility Location w-.tS Cheektowaga Lancaster Genesee County North Eden ordtaul Park Erie County Facility Location Gcwanda SinIn v Arcade. West Valley Houghton Caledonia Avon Living 5ton County Ridge Cattaraugus County Sol am anca Olean Allegany County at1adime Alle-Catt Wind Farm Towns of Arcade, Centerville, Farmersville, Freedom, and Rushford Allegany, Cattaraugus, and Wyoming County, New York Joint Application for Permit [DR OST-2025-1200 Page 01403 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 0 o as 5 10 Miles Prepared December 12, 2022 Basemap: EsriVorld Street Map" map service SC_EVERSPLIT0024590 SC_EVERSPLIT0024591 OST-2025-1200 Page 01404 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 2. Facility Layout Sheet 2 of 10 Alle-Catt Wind Farm Towns of Arcade, Centerville, Farnersville, Freedom and Rurtfc ,! Allegany, Cattaraugts, and Wyoming County, New Yori: Joint Application for Permit Proposed Facility Components e Wind Turbine -- -- Collection Line Access Road I= Blade Storage Area 7 - 1 Delivery Turnaround Intersection Improvement Private Temporary Turn Improvement Limit of Discurbance Sheet 2 of 10 0 0 930 1.000 Feet .L000 Prewred DiKeeter V. 2022 %servo MrSOC, mr, e EDR SC_EVERSPLIT0024592 OST-2025-1200 Page 01405 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 2. Facility Layout c, g, csrl 0 -o O c .' - CJ 4,1 cn cO U .E CC d, EU) o < Sheet 4 of 10 Alle-Catt Wind Farm Towns of Arcade, CentervlIle, Fa, mersviNe, Freedom. and Pu.dft .-.1 Allegany, Cattaraugus, and Wyornr9 County, New York Joint Application for Permit Proposed Facility Components e Wind Turbne -- -- Collection Line Access Road an Blade Storage Area Delivery Turnaround Intersection Improvement Private Temporary Turn Improvement Limo of Distobance Sheet 4 of 10 O 0 S0O 1000 2.000 Feet tt. 2022 laser,' WSW, 7020.202, onno.wery /Nu Ser./ft SC_EVERSPLIT0024593 OST-2025-1200 Page 01406 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 2. Facility Layout Sheet 6 of 10 Alle-Catt Wind Farm Towns of Arcade, mere lip, Far mersville, Freedom and Rushford Allegany, Cattaraugus, and Wyoming County, New York Joint Application for Permit Proposed Faolity Components e Wind 'furl**, -- CoPetton Line Access Road Colection Substation BIB Blade Storage Area Detvery Turnaround [73 Intersection Improvement F -1 Private Temporary Turn Improvement ll limit of Disturbance Sheet 6o: 10 0 o 500 1.000 2.000 Feet Prepated December 25 2022 Saimaa venDor .2020.202r ofthamagerynag,Insve. EDR SC_EVERSPLIT0024594 OST-2025-1200 Page 01407 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 2. Facility Layout C O U cJ c, 9 = <; coo cL trd,5Q o T C Sheet 8 of 10 AIIe-Catt Wind Farm Towns of Arcade, Centerville, Fa; rnerwille, Freedom, and Rushford Allegany, Cattaraugus, and Wyoming County New York Joint Application for Permit Proposed Raciky Components Wind Turbine -- Collection Line -- Access Road Collection Substation Ell 0&M Building Laydown Yard Gig Blade Storage Area F- 1 Delivery Turnaround ED Intersection Improvement F- 1 Private Temporary Turn Improvement Umit of Disturbance Sheet 8 of 10 0 o 50o LUX, Feet Z.O30 Feeoerndorrtmeerzr. 2022 Beserroo uNSDOP .2020402, in3.apery weVe. EDR SC_EVERSPLIT0024595 OST-2025-1200 Page 01408 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 2. Facility Layout Sheet 10 of 10 Alle-Catt Wind Farm TDwns of Arcade, Centervlie, Farmersyille, Freedom, and Rushford Allegany, Cattaraugus, and Wyoming County. New York Joint Application for Permit Proposed Facility Components Inteisection Improvement Limit of Disturbance Sheet 10 of 10 O 0 500 LOX Prepared OW/MK 21, 2022 3,,eme0 NT5C.5P To20.2021 a 0,0,30m min, ,P, NCP EDR SC_EVERSPLIT0024596 OST-2025-1200 Page 01409 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 6. Delineated Wetlands and Streams O U Sheet 2 of 122 Alle-Catt Wind Farm Towns of Arcade, Centerville, Farmerwille, Freedom, and Rushford Allegany, Cattaraugus, and Wyoming County, New York Wetland Delineation Report .: Data Collection Point - Perennial Delineated Stream - Intermittent Delineated Stream PFO Delineated Wetland EN PAM Delineated Wetland raf POW Delineated Waterbody Jurisdictional Ouch HDD Area =I Until of Disturbance Sheet 2 of 122 O 0 50 lect see , .00031 2023 firrnmp .5COC 7020-2O2c Or,,c,c030,y ,cmC.,c,cc EDR SC_EVERSPLIT0024597 OST-2025-1200 Page 01410 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 Figure 6. Delineated Wetlands and Streams MI43273a, 7:4-zwrzto -Ideows. --44dut- -.4t2 Sheet 4 of 122 Alle-Catt Wind Farm bwns of Arcade, Ccntcry:Ile Farmersville. Freedom, and Rushford Allegany, Cattaraugus, and Wyoming County New York Wetland Delineation Report : Data Colection Point Intemmtent Delineated Stream - Ephemeral Delineated Stream ME Perennial Delineated Stream MI Intermittent Delineated Stream PF0 Delineated Wetland PSS Delineated Wetland get PEM Delineated Wetland Gii HDD Area r -- ) Limit of Disturbance 0 thYr--ze0 tg , Sheet 4 or 122 O 50 100 20C Prtyne0 2023 Pawn.> %Sb0m 1020-207, onemaw,:ma. Se, ic EDR LRB-2021-00420 AIIe-Catt Wind, LLC Figure 4. Federal Wetland and Stream Impacts Sheet 2 of 209 00......... .0 Stream FA-Stream 67 (R3) / / / / / Stream FA-Stream 7CP(R3). FA-Stream 67 (R3) No Impact - HDD/Timber Mat ......................... FA-Wetland 103411491 L..................... ....... .................. Wetland FA-Wetland 95 (PEM) Permanent Fill - 0.023 acre (1,009.6sq.ft.) Temporary Fill - 0.121 acre (5,276.2sq.ft.) FA-Wetland 95 - PEM FA-Wetland 102 - PEM FA-Wetland 103 Wetland FA-Wetland 102 (PEM) Temporary Fill - 0.028 acre (1,215.2sq.ft.) FA-Wetland 103 - PFO *Resource will be crossed by timber matting Alle-Catt Wind Farm Allegany, Cattaraugus, and Wyoming County, New York -- -- Collection Line Access Road ALDS Pad PEM Wetland PFO Wetland lull Perennial Stream Joint Application for Permit I=1 Bore Pit f Limit of Permanent Grading EDR =:1 Limit of Disturbance OST-2025-1200 Page 01411 Wetland Impact Mai Permanent Fill f Temporary Fill Stream Impact I: No Impact - HOD/Timber Mat O 0 25 50 100 Feet Prepared January 6, 2023 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024598 LRB-2021-00420 AIIe-Catt Wind, LLC Figure 4. Federal Wetland and Stream Impacts 1 SI 'eel:1 of ?09 Stream FA-Stream 68 (R4) Wetland FA -Wetland 98 (PEM) No Impact - HDD/Timber Mat FA-Stream 69 (R4) No Impact - HDD/Irimber Mat FA-Wetland N - PEM FA-Wetland 99 - PEM I Stream FA-Stream 69 (R4) I I FA-Waterbody 17 - POW 1 Alle-Catt Wind Farm Allegany, Cattaraugus, and - - Collection Line ROS Wyoming County, New York I= Limit of Disturbance IIII Joint Application for Permit PEM Wetland POW Wetland Intermittent Stream 0 *Resource will be crossed by timber matting Wetland Impact Stream Impact No Impact - No Impact - HDD/Timber Mat & HDD/Timber Mat 0 25 50 100 CDR OST-2025-1200 Page 01412 Feet Prepared January 6, 2023 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024599 PROPOSED 16' WIDE ACCESS ROAD/ A .660 l ee / I / Ir rf / r / r , , , ,; ,, ,, , ,1e/ ; \ I / I I \ I / / I II\ \ e, <, / 4, ; f I' LRB-2021-00420 AIIe-Catt Wind, LLC Allegany, Wyoming, Cattaraugus Counites Sheet 21 12S; / . - - , CULVERT DATA REAV 72- 0.-L-T' 100-YEAR FLOW: 30.7 CFS PROPOSED ROUND CULVERT: 36" BARRELS: 1 LENGTH: 94 LF SLOPE: 2.7% PROPOSED 36" ROUND CULVERT T-20_01 ACCESS ROAD T-117-118-119-120 1860 PROP:O$P? : i i 1865 ? i..i..i. 1860 1860 ' I i I. 1855 1865 GRADE .(TY0) 1860 1855 1850 .. ;. 1840 O cO to co 1+00 T-20-3 PR pOSED--36-- 1845 ROUND CULVER. T O - CO 4- ts rf) CO CNA O (.O cNi 1840 O tN1. O 10 co CO 0O CO O i0t3) co - v- 1- 0+75 0+50 0+25 0+00 A-A ALIGNMENT PROFILE HORIZ: 1"=100' VERT: 1"=20' PROJECT ALLE CAT WIND FARM ALLEGHENY, CATTARAUGUS, AND WYOMING COUNTIES, NEW YORK .. CRA047;.(, . .. .. .. SLOPE . . .. .. . . .. . 1840 4. 4it) cO . . .. .. 0 csi CO O tf) co 03 INSTALL ..RIP .: . . :NEEDED .. o, & c; ; co CO co cv O) O cci tr.) in co co co O cy! .4- o co oo 1850 1845 1840 1+25 1+00 0+75 0+50 0+25 T-20-3 SECTION B-B PROFILE HORIZ: 1"=100' VERT: 1"=20' COPYRIGHT 2022 FISHER ASSOCIATES, P.E., L.S., L.A., D.P.C. 018/A FISHER ASSOCIATES. P.E., L.S., L.A., D.P.C., PROFESSIONAL CORPORATION Ho. Tort Stott CducoLlon IA. Soca. 7200 .lob. Not II l a yleladon of WY law for any potion. WINO b./n. b oothot tauter Ih dInctIan of Ilcorecl profrogonol opt.. or eurroyoc. b am on UT in any log. an baertti the trAatl tc: tot% r e,,trout lo:tdalcru t or.Itn=..tlt altae.y dd bY,Mr=. and the dale of wt. altwatfort and a tila clrocc=deflhar olkll.crtIoty. CULVERT CROSSING DETAILS TITLE OF DRAWING STREAM T-20-3 DRAWING NO. SC-06 FA PROJECT NO. 210351 SHEET: SHEET 7 OF 14 SCALE: AS SHOWN DRAWN BY: CHECKED BY: L. OLIVER FISHER 0 ASSOCIATES WWW.FISHERASSOC.COM OST-2025-1200 Page 01413 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024600 OST-2025-1200 Page 01414 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024601 LRB-2021-00420 Iu r , . AHegany, Wyolein6Traftitauguiteatife teo Sheet 23 of 25 CO C) F-L rn 1 F--L =C> fD Co as CD 3 - `.. VY 17:3 (.4 O rD O CD IV in CD CD SC_EVERSPLIT0024602 OST-2025-1200 Page 01415 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 LRB-2021-00420 p Pr U10.` egdell.gm Figure 10 Resotir,ce,Development Map Alle-Cott Wind Energy Project PRM Catteraugus (care. re Meierer Al 41% Rock Springs INSI0(.21i00 Site Ale;Catt PPM Conservation Are Resoved Rights Fencing Wetland Restoration (1026 acres) Strewn Restoration ((.963.89 linex feet) Existing Wetlandi Covez6n Classikarkin PEM PSS N A 11n=1006 *pewee.. ?tor 0 100 )00 403 IM=IIII=N100111.1011 feel PArnerKe Rettilme a.e aPP.,^1.1* Tae property Paundaries depeed on Mk map have not teen sieveved and are ix prospect assesinen1 P.Gesopar*Iltis hternatn is r0110 O. vied a., fnal legal bountle.e. /Ma Sage. ESN %mu, Petomm. NAD MU 2011 U1A4 Zone170 neie bear= 1/11/2021 Poker Wee., 107065 fireres s