New York State Department of Environmental Conservation Notice of Complete Application

New York State Department of Environmental Conservation Notice of Complete Application Date: 10/29/2025 Applicant: NORBUT SOLAR FARM, LLC 1241 UNIVERSITY AVE ROCHESTER, NY 14607 Facility: NORBUT SOLAR FARM CO RTE 13 - W SIDE|Snyder Rd - N Side BATH, NY Application ID: 8-4624-00211/00003 Permits(s) Applied for: 1 - Article 11 Endangered/Threatened Species (Incidental Take) 1 - Section 401 - Clean Water Act Water Quality Certification Project is located: in BATH in STEUBEN COUNTY Project Description: The applicant proposes to construct four co-located 5-megawatt (MW) alternating current (AC) photovoltaic (PV) solar-powered electric generating facilities, totaling approximately 20 MW, on 135.8 acres of land. The applicant has cleared approximately 73 acres of forested land for the proposed project. This included the removal of a known Northern Long-eared Bat (Myotis septentrionalis; NYS Threatened Species) roost tree. An Incidental Take Permit is required because the Department has determined that the project has and will continue to result in a "take" or "taking" of state-listed species Northern Long-eared Bat (NLEB) pursuant to Environmental Conservation Law Section 11-0535 and 6 NYCRR Part 182. The project has resulted in the incidental take of NLEB through the adverse modification of occupied habitat due to the removal of a known roost tree as well as clear cutting the surrounding land. The proposed construction of the solar facility in the occupied habitat will also result in a taking of the Northern Long-eared Bat. The applicant has developed a Net Conservation Benefit Plan, which includes proposed mitigation measures. The proposed mitigation includes placing an adjacent 93-acre parcel under a perpetual conservation easement and girdling selected mature hardwood trees on the easement; promoting the growth of wildflowers and grasses by eliminating the use of pesticides, planting native vegetation, and adhering to a specific mowing regime on the project site; additionally, the use of lighting will be minimized. During construction only the minimal amount practical of temporary lighting will be used on the project site and there will be no lighting during the operation of the proposed solar facility. Availability of Application Documents: Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. State Environmental Quality Review (SEQR) Determination Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other involved agencies was performed and a Negative Declaration is on file. SEQR Lead Agency Bath Town Planning Board State Historic Preservation Act (SHPA) Determination Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for the project location. No further review in accordance with SHPA is required. Availability For Public Comment Comments on this project must be submitted in writing to the Contact Person no later than 11/20/2025 or 15 days after the publication date of this notice, whichever is later. Contact Person FRANCES KNICKMEYER NYSDEC 6274 E Avon-Lima Rd Avon, NY 14414 November 6 2025 LNYS0401229