The following standards apply to the construction, restoration, and follow-up monitoring of solar energy projects impacting soils classified by the U.S. Department of Agriculture's Natural Resources Conservation Service as prime farmland or farmland of statewide importance. An environmental monitor (EM) shall be hired by the applicant, at the discretion of the Town, to oversee construction, restoration and follow-up monitoring.
The EM shall be an individual with a confident understanding of normal agriculture practices [such as cultivation, crop rotation, nutrient management, drainage (subsurface and/or surface), chemical application, agricultural equipment operation, fencing, soils, plant identification, etc.] and able to identify how the project may affect the site and the applicable agricultural practices. The EM should also have experience with or understanding of the use of a soil penetrometer for compaction testing and recordkeeping. The EM may serve dual inspection roles associated with other project permits and/or construction duties, if the agricultural workload allows. The EM should be available to provide site-specific agricultural information as necessary for project development through field review and direct contact with both the affected farm operators and the New York State Department of Agriculture and Markets (NYSDAM). The EM should maintain regular contact with appropriate on-site project construction supervision and inspectors throughout the construction phase. The EM should maintain regular contact with the affected farm operator(s) concerning agricultural land impacted, management matters pertinent to the agricultural operations and the site-specific implementation of agricultural resource mitigation measures. The EM will serve as the agricultural point of contact.
[a] For projects involving less than 10 acres of prime farmland or farmland of statewide importance, the construction manager or some other on-site personnel may serve as the EM. The EM must be on-site whenever construction or restoration work is occurring on agricultural land.
[b] For projects involving 10 acres or more of prime farmland or farmland of statewide importance, the EM shall be on-site whenever construction or restoration work is occurring on agricultural land and shall coordinate with the New York State Department of Agriculture and Markets, Division of Land and Water Resources, to develop an appropriate schedule for project inspections.
[c] The EM shall contact the New York State Department of Agriculture and Markets, Division of Land and Water Resources, if farm resource concerns or management matters pertinent to the agricultural operation and site-specific implementation conditions found below cannot be resolved.
[d] Construction requirements:
[i] The surface of access roads constructed through agricultural fields shall be level with the adjacent field surface.
[ii] Access roads shall be located along the edge of agricultural areas, in areas next to hedgerows and field boundaries, and in nonagricultural areas of the site to the greatest extent practicable.
[iii] The width of access roads across or along agricultural fields shall be no wider than 20 feet so as to minimize the loss of agricultural lands while maintaining compliance with New York State Uniform Fire Prevention and Building Codes for emergency vehicle access.
[iv] Culverts and waterbars shall be installed, where necessary, to maintain natural drainage patterns.
[v] All topsoil from agricultural areas used for vehicle and equipment traffic, parking, and equipment laydown and storage areas shall be stripped and stockpiled. All vehicle and equipment traffic and parking shall be limited to the access road and/or designated work areas, such as laydown areas. Vehicles and equipment shall not be allowed outside the work area without prior approval from the landowner and, when applicable, the environmental monitor.
[vi] Topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) shall be stockpiled separately from other excavated material (rock and/or subsoil). A minimum of 50 feet of temporary workspace shall be provided along open-cut electric cable trenches for proper topsoil segregation. All topsoil shall be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. Topsoil stockpile areas shall be clearly designated in the field and on construction drawings.
[vii] Electric interconnect cables and transmission lines installed aboveground can create long-term interference with mechanized farming on agricultural land. Therefore, interconnect cables shall be buried in agricultural fields wherever practicable. Interconnect cables and transmission lines installed aboveground shall be located outside field boundaries wherever possible. When aboveground cables and transmission lines must cross farmland, minimize agricultural impacts by using taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable.
[viii] All buried electric cables in cropland, hayland and improved pasture shall have a minimum depth of 48 inches of cover. In unimproved grazing areas and land permanently devoted to pasture, the minimum depth of cover shall be 36 inches. In areas where the depth of soil over bedrock ranges from zero inches to 48 inches, the electric cables shall be buried entirely below the top of the bedrock or at the depth specified for the particular land use, whichever is less. At no time shall the depth of cover be less than 24 inches below the soil surface.
[ix] When buried electric cables alter the natural stratification of soil horizons and natural soil drainage patterns, the effects shall be rectified with measures such as subsurface intercept drain lines. The Tompkins County Soil and Water Conservation District shall be consulted concerning the type of intercept drain lines to be installed to prevent surface seeps and the seasonally prolonged saturation of the cable installation zone and adjacent areas. All drain lines shall be installed in accordance with Natural Resources Conservation Service standards and specifications. Drain tile shall meet or exceed the AASHTO M252 specifications.
[x] Existing drainage and erosion control structures, such as diversions, ditches, and drain tile, shall remain undamaged and protected. Where existing drainage and erosion control infrastructure must be removed, appropriate measures shall be taken to maintain the design and effectiveness of the originally installed structures. Drainage and erosion control structures disturbed during construction shall be repaired or replaced to as close to original condition as possible, unless said structures are to be eliminated based upon the large-scale ground-mounted solar PV system site plan approval.
[xi] All excess subsoil and rock shall be removed from the site. On-site disposal of such material shall only be allowed if approved by the landowner, with appropriate consideration given to any possible agricultural or environmental impacts. Any permits necessary for disposal under local, state and/or federal laws and regulations shall be obtained by the contractor, with the cooperation of the landowner when required.
[xii] All pieces of unused wire, bolts, and other metal objects shall be removed and properly disposed of as soon as practical to prevent mixing with any topsoil.
[xiii] Excess concrete shall not be buried or left on the surface in active agricultural areas. Concrete trucks shall be required to use designated washout stations located outside of agricultural areas.
[xiv] In pasture areas, it may be necessary to construct temporary or permanent fences around work areas to prevent livestock access, consistent with landowner agreements.
