March 26, 2026
Via E-Mail & Hand Delivery Town of Webster Josh Artuso Director of Community Development 1000 Ridge Rd., Webster, NY 14580 Town of Webster Town Board c/o Supervisor Scialdone 1000 Ridge Rd., Webster, NY 14580 Re:
Webster Solar Garden LLC Application to the Town of Webster Town Board for an Industrial Use Permit for Proposed Large-Scale Solar Energy System on Xerox Campus at 750 Phillips Road in the Town of Webster
Dear Director Artuso and Members of the Town Board: As you know, we represent TM Montante Solar Development LLC (“Montante Solar” or “Applicant”) with respect to the development, construction, and operation of a proposed large scale solar generation facility, Webster Solar Garden LLC (the “Project”), at 750 Phillips Road (SBL: 065.02-1-40.11) in the Town of Webster (“Town”), on an approximately 20 acre portion of the +120-acre parcel owned by Xerox Corporation (the “Site”). Pursuant to the Town’s Zoning Map, the Site is located in the I-N Industrial District. Pursuant to the Zoning Code Section 155-6(B), large scale solar installations, such as the Project, are permitted in the district by site plan approval from the Planning Board. Additionally, pursuant to Section 350-22(D), before the commencement of any use in the I-N Industrial District, the Town Board must authorize the Building Inspector to issue an Industrial Use Permit. See Town Code Section 350-22(D)(1)-(2).
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Town of Webster Page 2
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Due to its thoughtful design and siting within the Xerox campus, which is a previously developed and longstanding industrial parcel within the Town, the nearest residential properties are well buffered by distance, existing mature vegetation and topography, and will be further screened by proposed evergreen plantings. The Project utilizes a ballasted racking system and above-ground electrical conduit designed to minimize ground disturbance and maintain compatibility with existing site conditions. As set forth more fully below, in August 2025 Montante Solar first submitted materials to the Town to request all approvals for the Project, and since that time the Project has received extensive review and approval by the Town’s Planning Board and the New York State Department of Environmental Conservation (“NYSDEC”). As you know, on January 12, 2026 Montante Solar most recently submitted the Project’s approved site plan and all other required supporting documentation to the Town Board in further support of the pending application for an Industrial Use Permit (the “January Town Board Supplement”). Montante Solar recently had the opportunity to attend the Town Board work session on March 5, 2026 (“Work Session”) to discuss that material and the Project generally. We appreciate the opportunity to appear at that Work Session and write now to (1) provide responses to questions and comments raised by the Town Board at the Work Session, (2) provide a summary of the Project review conducted by the Town to date, and (3) provide clarification on the scope of applicable Code-based standards relevant to the Town Board’s Industrial Use Permit review and an analysis of the Project’s consistency with those standards. Foremost, Montante wishes to acknowledge the Town Board’s feedback at the Work Session regarding concerns about the potential for Project impacts to the asphalt capped landfill area on Site. Though Montante Solar respectfully maintains that the Project as originally proposed would pose no health or safety risk or any adverse impact to the environment, in the interest of being a collaborative and responsive Project partner to the Town, Montante Solar now proposes certain Project modifications to address the Town Board’s comments. The Project maintains all previously proposed screening and buffering elements, but has been reconfigured to eliminate all solar infrastructure (including approximately 450 solar panels) from the asphalt capped landfill area to address Town Board feedback (the “Project Modifications”).
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The Project as revised proposes a 4.0 MW solar generation facility, including 10,557 solar panels, and associated inverters, on the same footprint, but for the removal of panels from the cap. The Project will continue to benefit Xerox Corporation and the surrounding community through an Inclusive Community Solar model, and will benefit the Town directly through the execution of a Host Community Agreement. The follow exhibits are attached hereto to reflect the Project Modifications and otherwise respond to the Town Board’s Work Session comments: Exhibit List Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L:
Revised Site Plan Revised Civil Set Xerox Site Environmental Easement Xerox Certificate of Hazardous Waste Liability Insurance Xerox Financial Surety Updated Host Community Agreement Payment Proposal Proposed Host Community Agreement Updated Decommissioning Plan Updated Decommissioning Agreement with Bond Details Landscape Screening Plan Major Equipment Specification Sheets Planning Board Resolution to Classify Project as Type II Action and Short EAF
In addition to transforming the Site into a productive and sustainable solar generation facility, the Project will also serve to provide substantial economic benefits to the Town. As part of the Project, Montante Solar proposes to enter into a Payment in Lieu of Taxes (“PILOT”) agreement with the County of Monroe Industrial Development Agency. Further, Montante Solar proposes to enter into a Host Community Agreement (“HCA”) directly with the Town that would supply the Town with direct payments from Montante Solar to provide a steady source of revenue, equivalent to the value of full Town taxes (as if the PILOT did not exist). Pursuant to Montante’s proposed HCA, payments to the Town would be front-loaded to provide 50% of the expected revenue within the first 3 years of the Project’s operation to ensure the Town receives an immediate and tangible benefit from Project development. An Updated HCA Payment
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Proposal is attached here as Exhibit F, and is revised to reflect the payment schedule associated with a 4.0MW installation (instead of 5.0MW as originally proposed) to account for the Project Modifications. The Updated HCA Payment Proposal sets forth the anticipated revenue and payment schedule as developed in coordination with the Town Assessor. A Proposed Host Community Agreement incorporating those proposed payment terms is attached hereto as Exhibit G for the Town Board’s review and consideration. The revised Project maintains the core benefits of the original proposal, including productive reuse of an underutilized industrial property, advancement of local and state renewable energy goals, and delivery of economic and community benefits through an inclusive community solar model and proposed Host Community Agreement directly between Montante and the Town to ensure the Town derives tangible benefit from Project development. The Project is a permitted use in an Industrial District with an administrative record before the Town Board that demonstrates the Project does not have the potential to cause significant adverse environmental impacts, but does have the potential to generate real revenue for the Town and other taxing jurisdictions by creative and productive reuse of an otherwise undevelopable piece of land. We respectfully request that the Town Board take action at its April 2, 2026 meeting to classify the Project as a Type II action pursuant to the State Environmental Quality Review Act, and vote to approve the Industrial Use Permit and Host Community Agreement to allow the Project to proceed. Project’s Administrative Background with the Town On August 11, 2025, Montante Solar first submitted its application to the Town in support of its request to the Town for all approvals, including an Industrial Use Permit for the Project. The Project and application materials were referred to the Planning Board for site plan review and approval and for a report and recommendation to the Town Board as to whether to grant an Industrial Use Permit. Town Board subsequently referred Applicant’s request to the Planning Board. Thereafter Montante Solar appeared at the Planning Board meeting on September 2, 2025 to discuss the Project, and at the Planning Board’s recommendation Montante also conducted a meeting with the Meadows of Webster Home Owners’ Association
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(“HOA”) on September 29, 2025 (the “September HOA Meeting”). The HOA Board coordinated with Montante to conduct the September HOA Meeting and distributed an invite to 127 HOA members to discuss the Project. Montante considered the feedback received from the Planning Board’s sketch plan process and meeting discussion, and from the September HOA Meeting comments, and accordingly conducted further visual assessments and prepared photo simulations from vantage points recommended by the Planning Board and community members at the HOA meeting. Montante added multiple rows of proposed plantings as part of the Project in response to Planning Board and community feedback, even where visual simulations demonstrated that there would be minimal to no visual impact from the Project to any off-site nonindustrial areas as the Project Site is well buffered by distance, existing mature vegetation, and topography from adjoining nonindustrial uses. After incorporating the feedback received on the sketch plan design, on October 28, 2025, Montante Solar submitted a preliminary site plan and request for preliminary site plan approval to the Planning Board. The Planning Board held a public hearing on the preliminary site plan on November 18, 2025, and heard comments on project design and screening and the Project’s installation methods to ensure site integrity. Following the hearing and responses from Montante Solar, the Planning Board classified the Project as a Type II action pursuant to the State Environmental Quality Review Act, and issued preliminary site plan approval for the Project, subject to minor modifications and conditions to address community comments (“Preliminary Site Plan Approval”). On December 15, 2025, Applicant submitted an updated site plan to the Planning Board to address the conditions to the Preliminary Site Plan Approval (the “Final Site Plan”) and requested that the Planning Board issue final site plan approval for the Project. The Applicant also requested that the Planning Board issue a recommendation to the Town Board to grant an Industrial Use Permit for the Project. At its meeting on January 6, 2026, the Planning Board reviewed the Final Site Plan, heard from the Project team and engineering professionals, and thereafter voted to approve the Final Site Plan subject to minor conditions (“Final Site Plan Approval”). The Planning Board also issued a recommendation to the Town Board to grant an Industrial Use Permit for the Project. Following the Planning Board’s Final Site Plan Approval, in further support of its request to the Town Board for an Industrial Use Permit, on January 12, 2026 the Applicant submitted to the Town Board the Final Site Plan, as approved, modified, and
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supplemented to address the conditions to the Final Site Plan Approval. At the suggestion of Town Board members, Montante Solar and Xerox representatives held an additional public information session regarding the Project on January 27, 2026, and invited the public to attend a full presentation by the Project’s team and engineering professionals. Representatives from Montante Solar distributed flyers in the community and to the HOA to provide notice and invite the public to attend and ask questions about the Project. Montante Solar also created an informational landing page on the company’s website with Project documents, visual aids, and a Q&A section for the public’s reference on all matters related to Project development and NYSDEC review of the Project (available at https://www.montantesolar.com/xerox-solar/). Thereafter, the Project was placed on the Town Board’s Work Session agenda for March 5, 2026 where the Town Board heard from the Project team regarding project details, heard from the Planning Board Chair Casciani regarding the Planning Board’s extensive review and rationale for approval of the Final Site Plan; and during its regular meeting, the Board heard comments from the public with regard to the Project. Based on the Town Board and community comments offered on the Project at that time, Montante Solar modified the Project to remove all solar infrastructure from the asphalt capped landfill area. On March 17, 2026, Montante Solar submitted a request to the Planning Board for approval of a minor amendment to the previously approved Final Site Plan to allow the Project Modifications.1 The Project Modifications are proposed in direct response to feedback received from the Town Board and members of the public on March 5, 2026. While the Project team has 1 On March 17, 2026 Montante Solar submitted a corresponding request to the Planning Board to request
approval of an Amended Final Site Plan that incorporates the Project Modifications. Montante Solar anticipates that the Planning Board will make a determination on that request at its April 7, 2026 meeting. We respectfully refer to the Town’s Zoning Code Section 350-22(D)(7), which provides that a “minor change in the use, location, siting, height and length and width of structures may be authorized by the Planning Board without Town Board action as long as the total changes do not exceed 10% of the final approved plan.” Based on this provision, and the minor nature of the proposed change to the site plan, which would involve only the removal of panels from a limited portion of the site, we respectfully submit that the Town’s Zoning Code allows the Town Board to proceed with its decision on the Industrial Use Permit at its meeting on April 2, 2026, and then the Amended Final Site Plan would return to the Planning Board for additional review and final determination on April 7, 2026 as a minor change in project siting/location.
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worked in direct coordination with the NYSDEC for the entirety of Project development and maintains that the originally proposed design posed no risk to public health, safety, or the environment, Montante Solar and Xerox have agreed to remove solar development from the capped landfill area in the interest of being a collaborative and responsive project partner to the Town of Webster. Aside from the reduction in system size and removal of panels from the capped landfill, the Project design, layout, and operational characteristics remain substantially unchanged. The Project will continue to be well screened, appropriately buffered, and will not create additional demand on municipal infrastructure or generate adverse off-site impacts. Town Board Work Session Comments & Responses During the Work Session the Town Board generally requested additional information regarding Xerox’s ongoing obligations at the Site pursuant to the applicable environmental restrictions that limit the allowed uses at the Site to ensure the integrity of two NYSDEC regulated landfills on the Project Site. NYSDEC Division of Materials Management (“DMM”) oversees and implements the 6 NYCRR Part 373 Hazardous Waste Regulations applicable to the Xerox site and has done so effectively for over thirty years through the implementation of certain Corrective Actions that must be followed to ensure integrity of the containment and monitoring system at the landfills on site. Accordingly, Xerox and Montante are committed to ongoing coordination with the NYSDEC throughout Project construction and operation to conduct ongoing site inspections and monitoring. A copy of the Environmental Easement applicable to the Site is attached hereto as Exhibit C, and proof of Xerox’s associated hazardous waste liability insurance is attached as Exhibit D, and please see Exhibit E for a copy of Xerox’s financial surety with the NYSDEC by which Xerox guarantees that it will be financially responsible for all landfill post closure corrective actions and costs. In addition, Montante has submitted a Decommissioning Plan and Decommissioning Agreement to the Town to provide further detail and other financial surety for the removal of the Project to ensure the Town assumes no liability. The Decommissioning Plan and Decommissioning Agreement with bond details have been updated to reflect the Project Modifications and are attached hereto as Exhibit H and Exhibit I, respectively.
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We note that NYSDEC is supportive of solar projects located at closed solid waste landfills with preferable site characteristics that are suitable for such use because it provides the opportunity to generate clean, renewable energy and to create revenue from land that has limited opportunities for other productive reuse. NYSDEC has issued the DMM-4 guidance policy for Solar Development on Closed Landfills (“DMM4 Guidance”), which requires that the integrity of the existing cover system at the landfill will continue to be maintained during construction and operation of the solar system. NYSDEC has reviewed and approved all Project documentation, including the Site lease and all proposed civil plans and geotechnical investigations, to ensure the Project is consistent with the DMM-4 Guidance and fully protective of the community’s health and welfare.2 We note that the Town Board’s Work Session comments requested further information about Montante’s experience with the particular method of placement and ongoing maintenance of panels on the asphalt capped landfill area on Site, and the Town Board generally inquired about the sufficiency of the cap to protect human health. We note that Montante Solar provided a full geotechnical report of the asphalt capped area to the Town’s Planning Director and Engineering Department on November 10, 2025, which concluded that the Project was consistent with the DMM-4 Guidance as there were no adverse impacts to landfill stability or cap integrity anticipated from the proposed development’s construction methods or loads. Though Montante Solar respectfully submits that the Project as initially proposed was fully protective of human health, in response to Town Board Work Session comments Montante proposes the Project Modifications to remove panels from the capped area, and the updated Civil Set attached here indicates no work or access will be permitted in the capped area. See Exhibit B (Revised Civil Set). Applicant respectfully submits that the Town Board’s concerns regarding the integrity and operational challenges of a solar installation on the capped portion of the Site, and related requests for cross sections and geotechnical results of the asphalt cap’s suitability for development, are addressed by the prior submission of the geotechnical report and by the revised Project design, which eliminates all solar development from the capped landfill area.
2 Provided that the Town Board issues an IUP for the Project as modified, Montante Solar will coordinate
with NYSDEC for further review and approval of the Project Modifications.
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Montante Solar also acknowledges that the Town Board raised questions during the Work Session with regard to the Project’s potential for impact to property values in the area. As set forth more fully below, property value considerations are notably absent from the relevant Industrial Use Permit criteria set forth in the Town’s Code Section 350-22(D). The absence of such a criterion on property values recognizes that home value appraisals are not always feasible or reliable and may provide no useful information for the Town Board to consider where home values can be difficult to quantify as subjective and influenced by a range of factors unrelated to the Project. A comparison study of property values in relation to other Montante Solar projects would have little probative value with regard to this Project, due to a range of potential regional, local, and other factors that cannot be controlled or accounted for. Moreover, as set forth more fully below, there is no basis in the Code’s Industrial Use Permit standards to require such a comparative evaluation of property values. We respectfully submit that there is no information in the record to support a Town Board finding that the Project’s passive solar use might diminish property values in the area. The nearest parcel property lines are more than 250 ft. from the edge of the nearest solar panel, and the closest residential dwelling is more than 750 ft. from the edge of the nearest solar panel. There are no sight lines from the Project to any residential neighbors, as there are natural vegetative buffers, wetlands, and topography between the Site and the nearest adjoining parcels. The Project’s equipment area with inverters is located more than 1,000 ft. from the nearest residential receptors, with intervening vegetation, topography, and Project features all as intervening buffers, which ensures that the Project does not have the potential to cause significant adverse noise impacts. Furthermore, the Project’s construction period is temporary in duration, during ordinary day time hours, and Montante Solar has committed to install the additional vegetative plantings for screening before any construction begins. Importantly, based on the complete record before the Town Board, we respectfully submit there is no potential for adverse impact to property values because there is no potential for off-site adverse impact from Project construction or operation. The proposed solar use is an allowed use in the industrial area of the Town by issuance of site plan approval and an Industrial Use Permit. The Project’s treatment as a permitted use in an industrial district under the Zoning Code constitutes the Town’s legislative finding that the proposed use is one that is in harmony with the general zone
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plan for the area. As set forth more fully below, the record demonstrates there will be no off-Site noise or visual impacts, nor any impacts from potential contamination, dust, odor, traffic or otherwise. Accordingly, the record establishes that the Project does not have any tendency to impact home values. Scope of Review is Limited to Code’s Industrial Use Permit Standards The classification of a particular use as permitted in a zoning district is “tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood” Twin Cnty. Recycling Corp. v. Yevoli, 90 N.Y.2d 1000, 1002 (1997) (quoting Matter of North Shore Steak House v. Thomaston, 30 N.Y.2d 238,243 (1972); see also Residents Involved In Cmty. Action (RICA) v. Town/Vill. of Lowville Plan. Bd., 61 A.D.3d 1422, 1423 (4th Dep’t, 2009). Where, as here, a use is permitted in a district, the Town Board has discretion to evaluate the Project to determine whether the enumerated Code criteria have been met, and such determination must be supported by substantial evidence in the record, and may not be based on only generalized community objections. See, e.g., Twin Cnty., 90 N.Y.2d at 1002. In the case of the Project here, the Town’s Board’s review of Montante Solar’s application for an Industrial Use Permit is limited to consideration of those standards enumerated in the Code at Section 250-22(D)(2)(a) through (h). The Planning Board has conducted an extensive review and found Project satisfies those standards and the site plan standards. The Planning Board has issued Final Site Plan Approval and a recommendation that the Town Board approve the Industrial Use Permit for the Project. Accordingly, pursuant to Section 350-22(D)(5), the Town Board shall direct the Town’s Building Inspector to issue an Industrial Use Permit for the Project. For the Town Board’s reference a full analysis of the relevant Industrial Use Permit standards follows below. The Project Satisfies the Code’s Industrial Use Permit Standards The scope of the Town Board’s IUP review is established by Town Code Section 35022(D)(2)(a) through (h) which sets forth the relevant standards for IUPs. Each standard
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is reprinted below, followed by Applicant’s narrative response to demonstrate the standard is satisfied as supported by specific reference to the materials attached hereto or other information previously submitted to the Town in support of the Application throughout the Town’s extensive review. Section 350-22(D)(2)(a): The proposed sewerage facilities shall be adequate for the proposed use, and any proposed tie-in with the Town or village systems shall be fully outlined. The Project’s proposed use as an unmanned solar facility does not require any development or alteration of sewerage facilities, and the Project does not involve any tie-ins with the Town’s sewerage systems. See Exhibit A (Revised Site Plan) and Exhibit B (Revised Civil Set). Other than the installation of new aboveground electric lines to service the solar arrays, equipment pad, and proposed electric utility lines, the Project will not create new utilities or make improvements to any existing utilities, facilities, or services. Accordingly, we respectfully submit that this standard is satisfied. Section 350-22(D)(2)(b): Any grading or changes of the basic contour of the land may be done, provided that it does not interfere with the natural drainage of the land or an existing watercourse. The Revised Civil Set attached as Exhibit B depicts the anticipated grading on the Site along with detailed grading plans for a proposed access road. See Exhibit B at Sheets G-100 and C-202. The overall planned area of disturbance on the Site will be approximately 17.5 acres. This area will not include the existing asphalt-capped landfill and shall not involve more than 5 acres of soil disturbance at a time. The Project will not create any changes to flow paths across the Site, and peak runoff discharge rates are expected to remain within the 5% increase of peak discharge rates threshold outlined by NYSDEC. Any construction workspaces and laydown areas will undergo soil restoration and will be restored to pre-construction conditions. The Project will not alter the Site’s current hydrology. See the SWPPP attached as Exhibit L to Montante’s October 28, 2026 Preliminary Site Plan submission to the Planning Board at p. 7. Accordingly, we respectfully submit that any proposed changes to the contour of the Site will not interfere with natural drainage or any existing watercourses.
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Section 350-22(D)(2)(c): There must be an adequate available source of water for the proposed industrial use. As discussed above, the Project requires no access to or development of sewerage or water supply facilities. See Exhibit A (Revised Site Plan) and Exhibit B (Revised Civil Set). The nature of the Project’s proposed use as an unmanned solar generation facility does not require a source of water. Section 350-22(D)(2)(d): All signs shall conform to the Sign Law of the Town of Webster. The Town’s Sign Law under Town Code Section 265-4(N) requires proposed developments to display a temporary sign identifying the contact information of the project contractor, engineer, owner and/or architect, in a location visible from the public right-of-way. Temporary signs shall not exceed 32 sq. ft. in area and must be removed within 60 days upon the installation of permanent signage or issuance of a certificate of occupancy. Pursuant to Town Code Section 265-5(A), such signs are permitted in all districts without a prior permit. We respectfully submit that the Applicant will erect, display and remove such temporary signage upon commencement and completion of Project construction. Otherwise, as depicted in the Revised Civil Set attached as Exhibit B, the Project proposes no installation or display of permanent signage. Accordingly, the Project will comply with the Town’s Sign Law. Section 350-22(D)(2)(e): There shall be no pollution into any watercourse, open ditch or land surface. The Project involves the installation of solar panels and fencing in wetland areas. As described in the SWPPP attached as Exhibit L to Montante’s October 28, 2026 submission to the Planning Board, Applicant will install perimeter erosion and sediment controls in areas downgradient of construction, including but not limited to the installation of sediment barriers along the edge of construction workspaces to prevent sediment or pollutant flow into these areas. See also Revised Civil Set attached here as Exhibit B. Applicant will also implement a Spill Prevention and Response Plan to remediate any potential impacts caused by spills of material adjacent to these resources. While there are roadside ditches and culverts in the vicinity of the Project’s limits of disturbance, Applicant will install adequate
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protective measures such as check dams and sediment sack installations to ensure protection of existing resources. Any direct impacts associated with construction will be temporary in nature and fully restored and stabilized following construction. The Project Site contains two landfills with numerous operational environmental monitoring wells. Montante Solar performed extensive geotechnical investigations for each landfill cap in coordination with NYSDEC and a full review of the Project consistent with the DMM-4 Guidance. The geotechnical investigation and fulsome NYSDEC review demonstrated the Project will not impact either landfill area and presents no settling or other concerns. Access to both landfills will be limited, and the Project proposes no excavation within the boundaries of either landfill. As depicted in the Revised Civil Set attached as Exhibit B, no soil excavation, grading or ground penetrations will be permitted in either landfill or adjacent areas, and under no circumstances will silt laden water be discharged directly to any wetland or water body. Further, both landfills will be monitored by NYSDEC via routine groundwater sampling throughout construction and operation of the Project to ensure the integrity of the landfill caps and quality of nearby water bodies for the lifetime of the Project. Accordingly, we respectfully submit that the Project does not propose any pollution of nearby watercourses, open ditches or other land surfaces. Section 350-22(D)(2)(f): There must be adequate screening of all unhoused storage of equipment, loading and unloading docks, materials, products, machinery and any and all other similar items so stored. The Site contains existing, natural vegetative buffers which will effectively screen the Project from residential properties located northwest of the Site. The Project proposes additional plantings to supplement this natural buffer and further screen the Project from residential viewsheds. Such plantings will be located to the northwest and northeast of the Site and shall be comprised of at least 200 ft. rows of evergreen shrubs with minimum heights of 10 ft. at the time of planting. See Exhibit B (Revised Civil Set); see also Exhibit J (Landscape Plan). The Project will be further screened by a 7 ft. chain link perimeter fence enclosing the entire proposed solar generation facility. See Exhibit B (Revised Civil Set) at Sheel C-301. Accordingly, we respectfully submit that the Project will provide adequate screening of the proposed solar generation facility during construction and throughout its operation.
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Section 350-22(D)(2)(g): There shall be evidence of compliance with the performance standards of § 350-80. Pursuant to Town Code Section 350-80, in all districts, uses are not permitted which exceed certain enumerated standards measured at the individual property line. Uses are not permitted which (1) emit any odor which is considered offensive, (2) emit dust or dirt which is considered offensive, (3) emit any smoke in excess of Ringelmann Chart No. 2, (4) emit any noxious gases which endanger the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, business or vegetation, (5) cause, as a result of normal operations, a vibration which creates displacement of three-thousandths (0.003) inch, (6) include lighting or signs which create glare which could impair the vision of a driver of any other motor vehicle, (7) cause a fire, explosion or safety hazard or (8) cause harmful wastes to be discharged into the sewer system, streams or other bodies of water. Effluent disposal shall comply with the Town of Webster Sewer Ordinance and state health standards. See Town Code Section 350-80(A)-(H). The Project does not involve any construction methods or operational features which involve or cause the emission of any odors. Further, Applicant will implement soil restoration methods as necessary to ensure any application of compost over subsoil will possess no objectionable odors. See Exhibit B (Revised Civil Set) at Sheet G-100. The Project will not cause the emission of excess dirt or dust. Dust control will be implemented on-site through watering to minimize airborne dust and potential wind erosion throughout construction. See Exhibit B (Revised Civil Set) at Sheet G100. Pursuant to the SWPPP for the Project, the Applicant will also ensure sweeping of paved areas and water sprinkling will be employed as necessary to this same end. The proposed construction and operation of the Project also does not involve any activities which have the potential to emit gases or smoke. The Project will not cause perceptible sound or vibrational impacts to nearby properties. The Project contemplates the installation of inverters which are each rated at 80 dBA as measured from 1 meter, with a combined noise value of approximately 92.6 dBA as measured 1 meter from the base of the equipment. See
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Major Equipment Specification Sheets attached as Exhibit K. Per NYSDEC’s Guidelines for Assessing and Mitigating Noise Impacts, at distances greater than 50 ft., every doubling in distance results in a 6 dBA reduction in sound level. Given the proposed inverters are located more than 1,000 ft. from any adjoining parcels outside the I-N Industrial District, the Project will create no perceptible off-Site sound or vibrational impacts to such adjoining parcels. The Project proposes the installation of south-facing solar panels, which eliminates any potential glare to residential properties located to the north of the Site. The Project will be further screened from roadways by its interior orientation within the overall parcel containing the Site, along with existing mature vegetation and 7 ft. chain link perimeter fencing. The Project proposes a ground-mounted solar generation facility, located far away from buildings or other structures, and will be inspected prior to and throughout operation to mitigate any risks of fire, explosion or other safety hazards. Solar farms in the United States are built under strict National Fire Protection Association codes and tested to UL safety standards, ensuring safe electrical design and operation. Solar facilities such as the Project are widely considered to be one of the lowest firerisk forms of energy infrastructure. Therefore, the Project proposes no uses which are likely to cause a fire, explosion or safety hazard. As part of Applicant’s overall Site monitoring plan for the entire parcel, groundwater is pumped, monitored and tested regularly in coordination with NYSDEC. Accordingly, no objectionable waste will be discharged from the capped landfill areas in connection with the construction or operation of the Project. Further, the Project must comply with its SPDES General Permit in preventing any discharges that impair water quality standards. Otherwise, the ongoing operation of the Project does not involve the production or disposal of any harmful or objectionable wastes. Based on the foregoing, we respectfully submit that the Project complies with the standards required by Town Code Section 350-80. Section 350-22(D)(2)(h): There shall be one-hundred-foot buffer strips when property adjoins other than an industrial district.
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The overall parcel containing the Project Site adjoins the R-3 Single Family Residential District to the northwest and LMR Low Medium Residential District to the northeast. The Project is located over 250 ft. from the R-3 District and over 275 ft. from the LMR District. The nearest adjoining property line is over 250 ft. from edge of nearest solar panel, and the closest residential dwelling is over 750 ft. from the same. The proposed equipment pad and access road are located more than 1,000 ft. from the nearest residentially zoned property. See Exhibit B (Revised Civil Set) at Sheet C-200. Accordingly, the overall Project is located well beyond 100 ft. from the nearest non-industrial district, and further complies with Town Code Section 35022(C)(1), which requires a minimum 100 ft. buffer are between any proposed nonresidential use and an adjoining residential district. We therefore respectfully submit that the Project proposes a more than sufficient buffer from adjoining nonindustrial districts. As confirmed by the Planning Board’s review and as described above, the Project satisfies the standards and requirements for issuance of an Industrial Use Permit. We respectfully submit that the substantial evidence in support of the Application demonstrates an Industrial Use Permit is warranted and we request that the Town Board promptly direct the Building Inspector to issue an Industrial Use Permit for the Project. State Environmental Quality Review Act We respectfully request that the Town Board act to classify the Project as a Type II action pursuant to the State Environmental Quality Review Act. The SEQR regulations at 6 NYCRR 617.5(c)(14) provide that the installation of a solar array involving 25 acres or less of physical alteration on a closed landfill and/or on sites zoned for industrial use is a type of action that is categorically exempt from further SEQR review as an action already determined by the NYSDEC not to have a significant impact on the environment. To aid the Town Board’s review and classification of the Project, please refer to the Planning Board’s resolution to classify the Project as a Type II action and the Environmental Assessment Form attached here as Exhibit L. Conclusion
Town of Webster Page 17
March 26, 2026
Montante Solar has engaged fully and cooperatively with both the Town Board and Planning Board throughout the sketch plan process and subsequent reviews of the Preliminary Site Plan, Final Site Plan and Industrial Use Permit applications by providing comprehensive responses to requests from the Town for modifications and supplementary documentation regarding environmental conditions at the Site. Applicant has further engaged in extensive community outreach to address the public’s concerns around the overall safety and monitoring of the Site. This has involved a substantial investment of time and effort, beyond the process typically required by the Town Code to ensure the Project will serve to benefit the Town as a whole. The record demonstrates the Project will not create any significant adverse impacts to nearby environmental resources and will implement strict monitoring practices in relation to the existing landfills on the Site. The Project proposes a productive and sustainable use of the Site, which would otherwise remain vacant, while helping to achieve Xerox’s environmental objectives and New York State’s renewable energy goals. As described in the Host Community Agreement Proposal, the Project will also provide the Town with economic incentives throughout its operation. Given that Planning Board has issued Final Site Plan Approval and a recommendation to approve the Industrial Use Permit application, and for all the foregoing reasons, we respectfully request that the Town Board act at its April 2, 2026 meeting to classify the Project as a Type II action pursuant to SEQRA, approve the pending Industrial Use Permit application to direct the Building Inspector to issue an Industrial Use Permit for the Project, and approve the HCA proposal for the Project. Should you have any questions about the Project or the information provided here, please do not hesitate to contact the undersigned. Very truly yours,
Kimberly R. Nason KRN
Town of Webster Page 18 Enclosures cc:
Kyle Taylor, Demarco Taylor Law Group, Town Board Attorney Katie Soscia, Montante Solar, Director of Project Development
March 26, 2026
Exhibit A
5,226.48 kW-DC (STC), 4,000 kW-AC PV system containing (16) Chint Power Systems 250 kW Inverters with (8,784) VSUN 595W Modules. General Notes:
Montante Solar 2760 Kenmore Avenue Tonawanda, NY 14150
B-17A
Engineering Stamp No. ______
A. All designs were created in accordance with 2023 NEC (NFPA 70) and 2025 NYS Fire Code Approx distance from parcel boundary to edge of array: 290'-2"
B. All equipment to be labeled per NEC article 690 and 705 requirements C.
Not Used
D.
Site location within industrial zoned district
E.
Type II Action
Unauthorized alteration or addition to this engineering drawing is a violation of Section 7209, Provision 2 of New York State Education Law
Approx distance from parcel boundary to edge of array: 298'-9"
B-24B
Vehicle Access Gate
10
Reviewer Signoff:
OW-320N
B-24
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____________________________________________________ Department of Community Development
B-20 B-20A
____________________________________________________ Town Assessor
B-20B
Monitoring well solar project study area
____________________________________________________ Webster Sewer District
eam
B-21A
100ft Setback from str
____________________________________________________ Planning Board Chairman
xerox property boundary 8' Chain Link Fenc (10' setb e ack from array, 20 subject ' where to servic e vehicle traffic)
Stream with a 100ft Setback
DELINEATED STREAM KL3 NO IMPACTS
m
ea
____________________________________________________ LF-B-37-1 Fire Marshal
existing transmission lines well leader lines blasted trench in bedrock B-21IR
Delineated wetland
W-5
Delineated Stream New Overhead PV Line
W-4
DELINEATED WETLANDS
New Underground PV Line
B-21DR
____________________________________________________ Monroe County Water Authority
Xerox Corporation Solar Array 5.23 MWDC / 4.00 MWAC Photovoltaic System 750 Phillips Rd, Webster, NY 14580
____________________________________________________ Town Engineer
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B-24A
Utility Pole PV Module
____________________________________________________ Monroe County Department of Health
Inverter RW-1
RW-2
B-22B
100ft Setback from stream
B-1
100ft Setback from stream
Breaker Box
B-22A
M
PV Main Panel Board
AUX
AUX Panel Board Pad Mount Medium Voltage Transformer Aux Transformer
PV AC Equipment Details on E2 Riser Pole (CP-4)
S RE
2
7
5
4
M
B-13
B-22 B-7
Building 343 Vehicle Access Gate
Existing RG&E circuit 0424RO5203
CARACAS DR
0'
50'
100'
200'
AUX
Bladed Coutout Pole (CP-3) Pole w/ GOAB switch and OH fuse (CP-2, SW-1) (24/7 utility accessible & lockable) #
Customer provided utility meter pole (CP-1) (PCC)
Approx distance from road to edge of array: 43'
CAPPED INACTIVE LANDFILL
Utility Provided Recloser Pole
B-18A
Change Log
1.7 2026-01-15
Modified modules and inverters per construction review AC system voltage reduced to 600V
1.8 2026-03-18
Removal of array from capped landfill area
1.3 2025-02-24
Added fence and removed modules above blasted trench
1.4 2025-03-13
Updated module spec, added scale markers and distance to property boundaries
1.5 2025-05-05
Project Study added, removed array over vent pipes concrete debris field
No Scale Drawn by: JPG Date: 2026-01-15
Point of Interconnection Feeder "0424RO5203" 12.47kV service voltage BUILDING 343 (OUTSIDE OF PROPOSED DEVELOPMENT AREAS)
Revisions
Removed modules over blasted trench, revised module counts 1.6 rerouted fence, added notes for town 2025-12-29
8' Chain Link Fence (10' setback from array, 20' where subject to service vehicle traffic)
CARACAS DR
400'
6
20' wide Gravel Access Road
3
25'-0" 25'-0" 25'-0" 25'-0"
E
D EN
RD
B-28A
Sheet #
E1
Electrical Layout
Exhibit B
MONTANTE XEROX SOLAR DEVELOPMENT
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com PREPARED FOR:
TM MONTANTE SOLAR DEVELOPMENT, LLC
139 CARACAS DRIVE WEBSTER, NY
2760 KENMORE AVE #101 TONAWANDA, NY14150
SITE LOCATION
SITE LOCATION
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
ZONING MAP NOT TO SCALE
USGS TOPOGRAPHIC MAP, WEBSTER, NEW YORK QUADRANGLE (2023).
0
2000
4000
SEQRA DETERMINATION (TYPE II)
SCALE IN FEET
DRAWING INDEX 01 02 03 04 05 06 07 08 09
3/18/2026 9:04 AM Sheet: 01 T-100 Saved by: SGRUENDLING \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\01 T-100.DWG
SITE LOCATION
T-100 G-100 C-100 C-200 C-201 C-202 C-203 C-300 C-301
TITLE SHEET NOTES EXISTING CONDITIONS PROPOSED CONDITIONS EROSION AND SEDIMENT CONTROLS PLAN PROPOSED ACCESS ROAD GRADING PLAN PHASING PLAN DETAILS DETAILS
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT
139 CARACAS DRIVE WEBSTER, NY
TITLE SHEET
2023 MICROSOFT CORPORATION
0
© 2023 MAXAR © CNES (2023) DISTRIBUTION AIRBUS DS
1000 SCALE IN FEET
2000
T-100 Sheet:
01 of
11
GENERAL NOTES 1.
13.
THESE DRAWINGS HAVE BEEN PREPARED FOR CONSTRUCTION OF A SOLAR ARRAY WITHIN PORTIONS OF THE XEROX CORPORATION CAMPUS IN WEBSTER, NEW YORK. 14.
2.
THE PROJECT IS LOCATED WITHIN THE LARGER XEROX WEBSTER CAMPUS, WHICH IS A NYSDEC RCRA FACILITY (SITE CODE 828178) FOR IDENTIFIED GROUNDWATER AND SOIL CONTAMINATION CURRENTLY MANAGED UNDER A RCRA PART 373 HAZARDOUS WASTE MANAGEMENT PERMIT (NO. 8-2654-00064/00040). 15.
3.
4.
WATERCOURSES AND WETLANDS FIELD DELINEATED BY HALEY & ALDRICH OF NEW YORK ENGINEERING AND GEOLOGY, LLP (HALEY & ALDRICH OF NEW YORK) MAY 10, 2024.
16.
EXISTING TOPOGRAPHIC CONTOURS FROM SURVEY REPORT BY TERRATEK GPS MODELING WHICH WAS PROVIDED TO HALEY & ALDRICH BY MONTANTE SOLAR DEVELOPMENT, LLC JULY 21, 2025.
CONDUCT EARTHWORK ACTIVITIES FOR INSTALLATION OF EQUIPMENT PAD AND POWER POLES. EARTHWORK TO REMAIN WITHIN THE APPROVED BOUNDARIES OF THE PROJECT (LIMITS OF DISTURBANCE).
2.
MULCH APPLIED FOR WINTER SEEDING (OCTOBER 15 THROUGH MARCH 31) SHALL BE INCREASED TO 4 TONS PER ACRE.
3.
AS AN ALTERNATIVE TO STRAW MULCHING, WOOD FIBER HYDROMULCH MAY BE APPLIED AS SPECIFIED BY MANUFACTURER'S RECOMMENDATIONS OR AT A MINIMUM RATE OF 2000 LBS. PER ACRE (45 LBS. PER 1,000 S.F.) WITH A GUAR TACKIFIER (OR EQUIVALENT) AT 60 LBS. ACRE. SOIL AMENDMENTS MAY BE APPLIED WITH MULCH AT THE SPECIFIED APPLICATION RATES. WATER VOLUME IS TO BE DETERMINED BY THE MANUFACTURER. HYDROMULCH IS NOT TO BE APPLIED DURING RAIN. HYDROMULCH APPLICATION IS NOT TO BE APPLIED IF RAIN IS FORECAST WITHIN THE NEXT 2 DAYS. A CURING PERIOD OF 24 HOURS AND A MINIMUM SOIL TEMPERATURE OF 45 DEGREES ARE REQUIRED.
SOILS FROM STABILIZED ENTRANCE CONSTRUCTION, EQUIPMENT PAD INSTALLATION, AND POWER POLE INSTALLATION ARE TO BE STOCKPILED, COVERED, SAMPLED, AND STABILIZED ACCORDING TO XEROX SITE MANAGEMENT PLAN REQUIREMENTS AND THE OWNER'S DIRECTION. COMPLETE FINAL GRADING, PERMANENT SEEDING, TOPSOILING AND MULCHING OF ALL DISTURBED AREAS. UPON COMPLETE STABILIZATION OF DISTURBED SITE (VEGETATIVE COVER = 80%), ALL TEMPORARY EROSION AND SEDIMENT CONTROLS ARE TO BE REMOVED AND DISTURBANCE RESTORED.
11.
12.
6.
TAX PARCEL BOUNDARIES FROM MONROE COUNTY REAL PROPERTY DATABASE, COURTESY OF MONROE COUNTY OFFICE OF REAL PROPERTY. EXISTING CONDITIONS ARE A COMBINATION OF CAD DRAWINGS PROVIDED BY XEROX, GIS FILES FROM H&A STREAM AND WETLAND DELINEATIONS, AND AERIAL IMAGERY.
7.
EXISTING CONDITIONS ARE APPROXIMATE.
8.
PROPOSED CONDITIONS TAKEN FROM CAD DRAWINGS PROVIDED BY MONTANTE SOLAR DEVELOPMENT, LLC JULY 21, 2025.
9.
1.
SOIL RESTORATION IS TO BE CONDUCTED DURING FINAL SITE STABILIZATION.
3.
DURING PERIODS OF LOW TO MODERATE SUBSOIL MOISTURE, THE DISTURBED SUBSOILS ARE RETURNED TO ROUGH GRADE AND THE FOLLOWING SOIL RESTORATION STEPS APPLIED:
PROJECT TO CONFORM TO 2025 NYS FIRE CODE.
CONSTRUCTION SEQUENCE FOR GRADING AND EROSION CONTROL 1.
VERIFY THAT ALL APPLICABLE PERMITS AND PERMISSIONS HAVE BEEN OBTAINED.
2.
OWNER TO HOLD A PRE-CONSTRUCTION MEETING PRIOR TO START OF CONSTRUCTION.
3.
LOCATE AND DELINEATE EXISTING UTILITIES.
4.
CONSTRUCT SITE ACCESS AND INSTALL ASSOCIATED EROSION AND SEDIMENT CONTROLS.
3.3.
IF APPLICABLE, INSTALL CONSTRUCTION SAFETY FENCING AROUND THE STAGING AREA(S) AND AS DIRECTED BY THE OWNER.
5.
6.
7. 8.
3/18/2026 9:04 AM Sheet: 02 G-100 Saved by: SGRUENDLING \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\02 G-100.DWG
3.2.
INSTALL STABILIZED CONSTRUCTION ENTRANCE AS DIRECTED BY THE OWNER. EXISTING ENTRANCES WHICH MEET THE REQUIREMENTS OF A STABILIZED CONSTRUCTION ENTRANCE MAY MAY BE UTILIZED AS AVAILABLE. EXISTING ENTRANCES TO BE UPGRADED WITH ADDITIONAL GRAVEL AS NEEDED. UTILIZE ENTRANCE FOR ALL CONSTRUCTION VEHICLES ENTERING/EXITING SITE FOR THE DURATION OF THE CONSTRUCTION.
PROTECT TREES AND VEGETATION TO REMAIN.
10.
CONDUCT TREE CLEARING WITHIN THE LIMITS OF DISTURBANCE AND AS DIRECTED BY THE OWNER. FELLED TREES ARE TO BE REMOVED FROM THE SITE AS DIRECTED BY THE OWNER.
SCARIFY ALL COMPACTED SUBSOIL AREAS.
APPLY 3 INCHES OF COMPOST OVER SUBSOIL. COMPOST SHALL BE WELL DECOMPOSED (MATURED AT LEAST 3 MONTHS), WEED-FREE, ORGANIC MATTER. IT SHALL BE AEROBICALLY COMPOSTED, POSSESS NO OBJECTIONABLE ODORS, AND CONTAIN LESS THAN 1%, BY DRY WEIGHT, OF MAN-MADE, FOREIGN MATTER. THEY PHYSICAL PARAMETERS OF THE COMPOST SHALL MEET THE STANDARDS SET FORTH IN THE NOVEMBER 2016 NEW YORK STATE STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL. TILL COMPOST INTO SUBSOIL TO A DEPTH OF AT LEAST 12 INCHES USING A CAT-MOUNTED RIPPER, TRACTOR MOUNTED DISC, OR TILLER, TO MIX AND CIRCULATE AIR AND COMPOST INTO THE SUBSOIL.
APPLICATION AND GRADING 1.
2.
DUST CONTROL SHALL BE EMPLOYED THROUGH WATER SPRAYING AS NECESSARY TO MINIMIZE AIRBORNE DUST AND WIND EROSION.
14.
ALL EXCESS EXCAVATED MATERIAL, BRUSH / TIMBER, AND CONSTRUCTION DEBRIS SHALL BE DISPOSED OF AS PER THE OWNER'S PREFERENCE. CONSTRUCTION DEBRIS SHALL BE ADDRESSED AS PER THE OWNER'S DIRECTION OR HAULED OFFSITE TO A LICENSED LANDFILL, AS NECESSARY.
15.
SOIL STOCKPILES TO BE LOCATED ON SITE WITHIN THE LIMITS OF DISTURBANCE UNLESS DIRECTED OTHERWISE BY THE OWNER OR NOTED ELSEWHERE ON THE CONSTRUCTION DRAWINGS.
16.
UNDER NO CIRCUMSTANCES SHALL SILT LADEN WATER BE DISCHARGED FROM TRENCHES / EXCAVATIONS OR RELEASED FROM HYDROSTATIC TESTING DIRECTLY TO ANY WETLAND OR WATER BODY. ANY GROUNDWATER THAT IS ENCOUNTERED WILL NEED TO BE HANDLED AS PER XEROX SITE MANAGEMENT PLAN REQUIREMENTS.
12.
TREES ARE TO BE CUT TO GRADE WITH HAND FELLING. TREE STUMPS TO REMAIN IN PLACE. STUMPS LOCATED WITHIN C&D LANDFILL AREA MAY BE REMOVED OR GROUND BELOW GRADE IF REQUIRED BY NYSDEC IN ACCORDANCE WITH SEPARATE NYSDEC PROJECT APPROVALS. CONTINUE TO MAINTAIN AND MONITOR ALL SITE EROSION AND SEDIMENT CONTROLS DAILY.
TOPSOIL PLACED AND GRADED ON SLOPES STEEPER THAN 3H:1V SHALL BE STABILIZED IMMEDIATELY: FERTILIZED, SEEDED, MULCHED AND TRACKED WITH METAL CLEATED EQUIPMENT TO KEY IN MULCH AND ENCOURAGE COLLECTING SMALL POCKETS OF WATER ALONG THE SLOPE FOR SEED GROWTH. TRACKING SHALL BE PARALLEL TO GRADE (UP & DOWN SLOPES). SLOPES FLATTER THAN 3H:1V SHALL BE STABILIZED AS SOON AS POSSIBLE BUT NO LATER THAN 14 DAYS.
ROCK-PICK UNTIL UPLIFTED STONE/ROCK MATERIALS OF FOUR INCHES OR LARGER SIZE ARE CLEANED OFF THE RESTORATION AREAS.
2.
ALL SITE ACTIVITIES SHALL TAKE PLACE WITHIN THE LIMITS OF DISTURBANCE AS SHOWN ON THE DESIGN PLANS.
3.4.
APPLY TOPSOIL TO A DEPTH OF 6 INCHES.
3.
3.5.
VEGETATE AS REQUIRED BY THE SEEDING PLAN.
THE CONTRACTOR SHALL INSPECT, MAINTAIN AND REPAIR/REPLACE EROSION AND SEDIMENT CONTROLS DAILY AND CONTINUOUSLY THROUGHOUT THE DURATION OF THIS PROJECT.
3.6.
TOPSOIL MAY BE MANUFACTURED AS A MIXTURE OR A MINERAL COMPONENT AND ORGANIC MATERIAL SUCH AS COMPOST. AT THE END OF THE PROJECT AN INSPECTOR SHOULD BE ABLE TO PUSH A 38 INCH METAL BAR 12 INCHES INTO THE SOIL JUST WITH BODY WEIGHT. THIS SHOULD NOT BE PERFORMED WITHIN THE DRIP LINE OF ANY EXISTING TREES OR OVER UTILITY INSTALLATIONS THAT ARE WITHIN 24 INCHES OF THE SURFACE.
4.
THE PROPOSED EROSION AND SEDIMENT CONTROLS AS INDICATED ON THE DESIGN PLANS SHALL BE CONSTRUED AS THE MINIMUM REQUIRED STANDARDS. ADDITIONAL CONTROLS ARE TO BE PROVIDED AS NECESSARY TO PREVENT SEDIMENT LADEN DISCHARGES FROM LEAVING THE SITE.
5.
SITE STABILIZATION 1.
INITIATE SITE STABILIZATION IMMEDIATELY (NO LATER THAN 1 BUSINESS DAY) IN ANY AREAS OF EXPOSED SOIL WHERE CONSTRUCTION ACTIVITIES HAVE PERMANENTLY CEASED OR WILL BE TEMPORARILY INACTIVE FOR MORE THAN 14 CALENDAR DAYS. COMPLETE SITE STABILIZATION. FINALIZE THE INSTALLATION OF STABILIZATION MEASURES AS SOON AS PRACTICABLE, BUT NO LATER THAN 14 DAYS AFTER CONSTRUCTION ACTIVITIES HAVE PERMANENTLY CEASED (STABILIZATION INITIATED) (SEE ABOVE), REGARDLESS OF AREA DISTURBED.
1.
IMMEDIATELY FOLLOWING TEMPORARY/PERMANENT SEED PLACEMENT, STRAW MULCH IS TO BE APPLIED AT A RATE OF 3 TONS PER ACRE OVER DISTURBED AREAS. STRAW MULCH COVERAGE RATES ARE EXPECTED TO PROVIDE A THICKNESS OF 1/4" - 1/2". EXCESSIVE MULCH DEPTH WILL IMPEDE VEGETATIVE GROWTH AND MAY REQUIRED THE REMOVAL OF EXCESS MULCH AS DETERMINED BY THE OWNER AND ENVIRONMENTAL INSPECTOR. MULCHING IS TO BE USED WITH SEEDING AS A COMPONENT OF SITE STABILIZATION. ADDITIONAL MULCH WILL BE REQUIRED IF PROPER COVERAGE (BARE SPOTS) HAS NOT BEEN ACHIEVED.
CONSTRUCTION NOTES 1.
MINIMIZE CUT/FILL FOR ACCESS TO SITE TO THE GREATEST EXTENT PRACTICABLE.
2.
IN ACCORDANCE WITH UNITED STATES ARMY CORPS OF ENGINEERS WETLAND PERMIT CONDITIONS, HEAVY EQUIPMENT WORKING IN WETLANDS MUST BE PLACED ON MATS OR OTHER MEASUREMENTS MUST BE TAKEN TO MINIMIZE SOIL DISTURBANCE.
3.
WITH THE EXCEPTION OF MINIMAL GROUND DISTURBANCE ASSOCIATED WITH INSTALLING TEMPORARY EROSION AND SEDIMENT CONTROLS (I.E., STAKING FILTER SOCKS TO A MAXIMUM DEPTH OF 6 INCHES) WITHIN THE C&D LANDFILL, NO SOIL EXCAVATION, GRADING, OR GROUND PENETRATIONS ARE PERMISSIBLE IN THE TWO LANDFILL AREAS DENOTED ON THE SITE PLANS. THE PERIMETER OF THE C&D LANDFILL IS APPROXIMATE AND NEARBY/ADJACENT AREAS SHALL BE TREATED THE SAME.
4.
THE EXISTING PERIMETER FENCE ALONG THE ASPHALT-CAPPED LANDFILL SHALL REMAIN IN PLACE. THE PROPOSED FENCING SURROUNDING THE SOLAR PROJECT AREAS SHALL BE INTEGRATED WITH AND TIE INTO THE EXISTING LANDFILL PERIMETER FENCE.
5.
EXISTING REMEDIATION INFRASTRUCTURE WITHIN THE DEVELOPMENT AREAS, INCLUDING THE TWO LANDFILL CAPS, MONITORING WELLS,GROUNDWATER PUMPING WELLS, AND ASSOCIATED INFRASTRUCTURE AND UTILITIES, WILL REMAIN IN PLACE AND PROTECTED FROM CONSTRUCTION ACTIVITIES. ACCESS WILL BE MAINTAINED AT THESE AREAS FOR OPERATION AND MAINTENANCE ACTIVITIES REQUIRED BY THE PART 373 PERMIT.
6.
THE MANAGEMENT OF EXCAVATED SOIL WILL BE DETERMINED BY THE PROCESSES IDENTIFIED IN XEROX'S SOIL MANAGEMENT PLAN, UNDER ITS SITE MANAGEMENT PLAN AND AS PART OF THE PART 373 RCRA PERMIT.
EROSION AND SEDIMENT CONTROL NOTES
THE CONTRACTOR SHALL CONTINUOUSLY MONITOR THE INSTALLED CONTROLS FOR FUNCTIONALITY AND PROVIDE ADDITIONAL MEASURES AS DIRECTED BY THE OWNER OR ENVIRONMENTAL INSPECTOR. THE CONTRACTOR SHALL MAINTAIN AND REPAIR/REPLACE ALL EROSION AND SEDIMENT CONTROLS UPON DAMAGE OR FAILURE TO FUNCTION AS INTENDED AND UNTIL SITE CONSTRUCTION HAS BEEN COMPLETED.
6.
ALL STOCKPILED SOILS ON SITE SHALL RECEIVE SEDIMENT FILTER SOCK ALONG THE DOWNGRADE AREAS.
7.
ALL SOIL STOCKPILES SHALL BE STABILIZED OR REMOVED FROM THE SITE AS DIRECTED BY THE OWNER.
8.
MULCHING
11.
TOPSOIL SHALL BE DISTRIBUTED EVENLY TO THE UNIFORM DEPTH THAT WAS REMOVED FOR STOCKPILING OR 6" MINIMUM, OVER THE RESTORATION AREA. THE TOPSOIL SHALL NOT BE PLACED WHEN IT IS PARTLY FROZEN, MUDDY, OR ON FROZEN SLOPES OR OVER ICE, SNOW, OR STANDING WATER PUDDLES.
ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE IN ACCORDANCE WITH THE APPROVED PERMIT DOCUMENTS.
2. 9.
2.
1.
INSTALL PERIMETER EROSION AND SEDIMENT CONTROLS. ALL EROSION CONTROLS WITHIN THE CURRENT ACTIVE CONSTRUCTION AREAS ARE TO BE INSPECTED FOR DEFICIENCIES BY THE CONTRACTOR ON A DAILY BASIS FROM INSTALLATION THROUGH THE DURATION OF THE PROJECT. THE EROSION CONTROLS ARE TO BE FUNCTIONING AS INTENDED OR REPAIRED/REPLACED AS NECESSARY. ADDITIONAL REQUESTS FOR REPAIR/REPLACEMENT MAY COME FROM THE ENVIRONMENTAL INSPECTOR OR THE OWNER.
COMPLETE GRADING TO SUBBASE AND ALLOW FOR FULL DEPTH OF TOPSOIL TO BE ADDED TO ACHIEVE FINAL GRADE.
SOIL RESTORATION IS TO OCCUR IN LAYDOWN AREAS AND AREAS RECEIVING HIGH VOLUMES OF CONSTRUCTION TRAFFIC.
2.
3.1.
1.
9.
10.
ALL EXISTING INLETS ADJACENT TO OR ON SITE SHALL BE PROTECTED FROM SEDIMENT WITH INLET PROTECTION MEASURES. THE CONTRACTOR SHALL ENSURE THAT STABILIZED CONSTRUCTION ENTRANCE IS BEING UTILIZED. THE CONTRACTOR SHALL BE RESPONSIBLE TO PREVENT SEDIMENT AND TRACKED MUD/DIRT ONTO THE PUBLIC RIGHT OF WAY, ROAD OR ACROSS PRIVATE DRIVEWAYS. CONTRACTOR SHALL INSPECT DAILY, SWEEP AND CLEAN STREETS / DRIVES AS NECESSARY TO MAINTAIN CLEAN AND CLEAR SURFACES. LARGE STONES, ACCUMULATED GRAVEL AND/OR MUD THAT MAY IMPACT PASSING VEHICLES SHALL BE CLEANED IMMEDIATELY.
ALL EROSION CONTROLS SHALL BE INSPECTED AND CLEANED OF SEDIMENT AS NECESSARY TO ENSURE NO DISCHARGE OF SEDIMENT OFF THE PROPERTY OR OUTSIDE OF LIMITS OF DISTURBANCE IS TAKING PLACE.
13.
SOIL RESTORATION 5.
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com PREPARED FOR:
SITE PREPARATION
ALL ACCUMULATED SEDIMENT SHALL BE REMOVED FROM SEDIMENT FILTER SOCKS AND EROSION CONTROLS WHEN 50% OF AVAILABLE STORAGE AREA HAS BEEN ACHIEVED OR WHEN THE THE DEVICE NO LONGER FUNCTIONS AS INTENDED OR SEDIMENT LADEN WATER IS PASSING THROUGH OR AROUND THE CONTROL. SILT FENCE THAT IS TORN, HAS BROKEN STAKES OR IS BOWING OUT DUE TO ACCUMULATED SOILS SHALL BE REPAIRED, REPLACED OR CLEANED AND RESET.
7.
8.
THE XEROX SOIL MANAGEMENT PLAN IS CURRENTLY UNDER REVIEW AND REVISION. ANY MODIFICATIONS TO SOIL MANAGEMENT REQUIREMENTS REQUESTED BY NYSDEC WILL BE COORDINATED WITH XEROX AND INTEGRATED INTO THE CONSTRUCTION ACTIVITIES. IN THE EVENT GROUNDWATER IS ENCOUNTERED IN ANY EXCAVATIONS, IT WILL BE MANAGED IN ACCORDANCE WITH THE GROUNDWATER MANAGEMENT PLAN FOR THE XEROX SITE.
TM MONTANTE SOLAR DEVELOPMENT, LLC 2760 KENMORE AVE #101 TONAWANDA, NY14150
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
NOTES
G-100 Sheet:
02 of
11
9.
10.
11.
12.
13.
14.
SGRUENDLING Printed: 3/18/2026 9:04 AM Sheet: 03 G-101 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\03 G-101.DWG
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16.
17.
18.
EXCAVATED SOIL WILL BE STOCKPILED IN AN ADJACENT AREA AND WILL BE SAMPLED PER PROCEDURES IN XEROX'S SITE MANAGEMENT PLAN. PENDING THE RESULTS FROM SOIL ANALYTICAL TESTING, THE APPROPRIATE SOIL CLASSIFICATION, MANAGEMENT, AND DISPOSITION REQUIREMENTS WILL BE DETERMINED PER THE XEROX SOIL MANAGEMENT PLAN. STOCKPILES SHALL BE COVERED WITH AN IMPERVIOUS TARP OR BARRIER AND PLACED ON IMPERVIOUS PLASTIC, PENDING THE RESULTS OF THE ANALYSIS. IN THE UNLIKELY EVENT OF A DISCOVERY OF AN UNKNOWN CONDITION DURING EXCAVATION IN ANY AREA OF THE SITE, REGARDLESS OF CLASSIFICATION NOTED IN THE XEROX SITE MANAGEMENT PLAN, INCLUDING THE DISCOVERY OF AN UNDERGROUND STORAGE TANK (UST), DRUMS, UNIDENTIFIED CONTAINMENT SOURCE, PRODUCT, ETC. INVASIVE WORK SHALL BE SUSPENDED AND THE XEROX CORPORATION ENVIRONMENTAL OPERATIONS ENGINEER SHALL BE CONTACTED IMMEDIATELY. NYSDEC SPILLS AND NYSDEC DMM PROJECT MANAGER SHALL BE NOTIFIED AS NECESSARY. IDENTIFICATION OF UNKNOWN OR UNEXPECTED CONTAMINATED MEDIA IDENTIFIED BY SCREENING DURING INVASIVE SITE WORK WILL BE PROMPTLY COMMUNICATED BY PHONE TO THE XEROX CORPORATION ENVIRONMENTAL OPERATIONS ENGINEER FOR REPORTING TO NYSDEC'S PROJECT MANAGER. REPORTABLE QUANTITIES OF PETROLEUM PRODUCT WILL ALSO BE REPORTED TO THE NYSDEC SPILLS HOTLINE WITHIN 2 HOURS OF DISCOVERY. COVER MATERIAL (GRASS, TOPSOIL, ASPHALT, CONCRETE OR GRAVEL) WILL BE SEGREGATED FROM THE UNDERLYING SOIL. THE COVER MATERIAL CAN BE DISPOSED OF OR REUSED ON SITE AS DETERMINED BY THE FACILITY AND IS NOT SUBJECT TO THE MANAGEMENT PRACTICES DESCRIBED IN THE XEROX SITE MANAGEMENT PLAN, UNLESS THE EXCAVATION AREA IS ASSOCIATED WITH A SURFACE SPILL. EXCAVATION EQUIPMENT AND TOOLS THAT CONTACT CONTAMINATED SOIL WILL BE DECONTAMINATED UPON COMPLETION OF EXCAVATION ACTIVITIES. DECONTAMINATION WILL BE ACCOMPLISHED WITH A PRESSURE WASHER, HOSE, HAND-WASHING WITH SOAP AND WATER, OR OTHER APPROPRIATE METHOD. DECONTAMINATION WATER/RINSATE WILL BE CONTAINERIZED AND DISCHARGED IN COMPLIANCE WITH THE EXISTING PROCEDURES, PERMITS AND APPROVALS. EXCAVATED SOIL THAT REQUIRES OFF-SITE DISPOSAL WILL BE CHARACTERIZED FOR MANAGEMENT PURPOSES THROUGH THE COLLECTION OF REPRESENTATIVE SAMPLES FOR LABORATORY ANALYSIS OF SITE CONTAMINANTS DEPENDING ON THE NATURE OF THE CONTAMINANTS LIKELY TO BE PRESENT AND LANDFILL REQUIREMENTS. SOILS STAGED AFTER WORKING HOURS MUST BE SECURED AGAINST UNINTENDED INTRUSION AND MUST BE KEPT UNDER A COVER IN ORDER TO MINIMIZE SOIL RUN-OFF DURING PRECIPITATION EVENTS. EXCAVATED SOIL WILL ALSO BE STAGED ON IMPERMEABLE MATERIAL, SUCH AS PLASTIC SHEETING OR TARPS TO MINIMIZE CONTAMINATION OF THE STAGING AREA. SOILS WILL REMAIN STAGED PENDING THE RECEIPT OF LABORATORY ANALYTICAL RESULTS CHARACTERIZING THE SOIL. SOIL MUST BE CHARACTERIZED PRIOR TO BACKFILLING THE EXCAVATION. IF THE SOIL IS CHARACTERIZED AS A HAZARDOUS WASTE, THEN THE SOIL MUST BE CONTAINERIZED (DRUMS, ROLLBACKS, OR SIMILAR) AND CANNOT REMAIN ON THE TARP. THE SOIL CAN BE SHIPPED OFF AS HAZARDOUS WASTE OR A REQUEST FOR A CONTAINED-IN DETERMINATION MAY BE FILED WITH DEC FOR POTENTIAL REUSE. NON-HAZARDOUS SOILS (ONLY IF CHARACTERIZED AS SUCH) CAN BE PLACED BACK INTO THE EXCAVATION. ALL MATERIALS PROPOSED FOR IMPORT ONTO THE SITE WILL BE TESTED AND APPROVED BY XEROX AND WILL BE FOLLOWING PROVISIONS IN THIS SOIL MANAGEMENT PLAN PRIOR TO RECEIPT AT THE SITE. IMPORTED SOIL MATERIAL WILL MEET THE BACKFILL AND COVER SOIL TESTING AND QUALITY STANDARDS PRESENTED IN DER-10 (UNRESTRICTED SCOS IN ACCORDANCE WITH TABLE 375-6.8(A) IN 6 NYCRR 375) AND THE NYSDEC SAMPLING, ANALYSIS, AND ASSESSMENT OF PER- AND POLYFLUOROALKYL (PFAS) DOCUMENT. TRUCKS ENTERING THE SITE WITH IMPORTED SOILS WILL BE SECURELY COVERED WITH TIGHT FITTING COVERS. IMPORTED SOILS WILL BE STOCKPILED SEPARATELY FROM EXCAVATED MATERIALS AND COVERED TO PREVENT DUST RELEASES.
19.
SOIL IMPORT REQUEST WILL BE REQUIRED TO BE FILED WITH NYSDEC PROJECT MANAGER FOR ANY SOIL MATERIALS BROUGHT ON-SITE FOR USE IN SOIL COVER/CAP OR FOR BACKFILL. ONE IMPORT REQUEST PER MATERIAL TYPE IS REQUIRED WITH TESTING IN ACCORDANCE WITH REQUIREMENTS OF DER-10. ANY GRAVEL/NON-SOIL MATERIALS WILL REQUIRE A SIEVE ANALYSIS AS OPPOSED TO CHEMICAL TESTING. FOR SUBSEQUENT IMPORTS, NYSDEC SHOULD BE INFORMED BUT SAMPLYING MAY NOT BE REQUIRED IF THE SOURCE IS THE SAME, AND WAS PREVIOUSLY SAMPLED AND ACCEPTED. CONSULTATION WITH THE NYSDEC PROJECT MANAGER IS REQUIRED PRIOR TO SECONDARY IMPORTS.
20.
ALL SOIL OR SAND IMPORTED FROM A VIRGIN MINE/PIT FOR USE AS A SOIL COVER/CAP OR FOR BACKFILLING AN EXCAVATION REQUIRES AT LEAST ONE ROUND OF CHARACTERIZATION SAMPLES FOR THE INITIAL 100 CUBIC YARDS OF MATERIAL. SOIL SOURCES OTHER THAN THE VIRGIN MINE/PIT MUST FOLLOW TABLE 5.4(E)(10) IN DER-10. MATERIAL OTHER THAN SOIL (I.E. GRAVEL, STONE, ROCK, ETC.) WILL REQUIRE A SIEVE ANALYSIS AS NOTED ABOVE. SOILS WILL NEED TO MEET UNRESTRICTED SCOS. ALL IMPORTED SOILS THAT REQUIRE TESTING WILL MEET THE BACKFILL SOIL QUALITY STANDARDS ESTABLISHED IN 6NYCRR 375-6.7(D).
21.
SOLID WASTE OR IMPORTED MATERIALS FROM OTHER INDUSTRIAL SITES, SPILL SITES, OR OTHER REMEDIATION OR CONTAMINATED SITES IS PROHIBITED FROM BEING USED ON-SITE.
3.
FOR DISTURBED AREAS NOT DESIGNATED AS POLLINATOR PLANTING IN THESE PLANS THE CONTRACTOR SHALL FURNISH A NORTHEAST ROADSIDE MIX, SUCH AS PARTIALLY SHADED AREA ROADSIDE MIX (ERNMX-140), TO THE OWNER FOR REVIEW AND APPROVAL.
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com PREPARED FOR:
TM MONTANTE SOLAR DEVELOPMENT, LLC 2760 KENMORE AVE #101 TONAWANDA, NY14150
SPECIFICATION NOTES FOR PERMANENT SEEDING SOIL AMENDMENTS 1.
SOIL AMENDMENTS SHOULD BE INCORPORATED INTO THE UPPER 2-4 INCHES OF SOIL WHEN FEASIBLE.
2.
CONTRACTOR SHALL CONDUCT SOIL TESTING FOR pH AND CONSULT WITH WITH ENTITIES SUCH AS THE CORNELL COOPERATIVE EXTENSION, OR OTHERS, FOR RECOMMENDATIONS FOR SOIL AMENDMENTS.
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
TIME OF PLANTING 1.
PERMANENT SEEDING TO BE DONE BETWEEN APRIL 1 AND OCTOBER 14. ANY SEEDING FROM OCTOBER 15 TO MARCH 31 WILL BE TEMPORARY SEEDING (AROOSTOOK-WINTER RYE) AND WILL REQUIRE PERMANENT SEEDING TO TAKE PLACE THE FOLLOWING SEASON. FALL SEEDING IS THE PREFERRED SEEDING TIME.
SITE RESTORATION 1.
PROVIDE EROSION CONTROL MEASURES, BRING THE TOPSOILED AREA TO DESIRED GRADE AND PREPARE FOR SEEDING. RESTORE DISTURBED SOIL AREAS TO EXISTING GRADE AND PROVIDE TOPSOIL, SEED, MULCH, AND ADD SOIL AMENDMENTS AS NECESSARY.
2.
PREPARE SEEDBED, LOOSENING SOIL TO A DEPTH OF 3-4 INCHES.
3.
REMOVE ALL STONES OVER THREE INCH (3") IN DIAMETER, STICKS AND FOREIGN MATTER FROM THE SURFACE.
4.
APPLY FERTILIZER PER RECOMMENDATIONS RESULTING FROM SOIL pH TESTING.
5.
SEED PREPARED AREAS WITH SEED MIX AT APPLICATION RATE SPECIFIED BY THE MANUFACTURER.
6.
SMOOTH AND FIRM SEEDBED.
7.
APPLY MULCH AT SPECIFIED APPLICATION RATE (MULCHING SECTION OF THESE NOTES).
PERMANENT SEEDING MIXTURES 1.
PERMANENT GRASS SEED TYPE TO BE AS DIRECTED BY MONTANTE.
2.
FOR AREAS DESIGNATED AS POLLINATOR PLANTING IN THESE PLANS THE CONTRACTOR SHALL FURNISH POLLINATOR FRIENDLY, NATIVE PLANT SEED MIX TO THE OWNER FOR REVIEW AND APPROVAL. THE POLLINATOR SEED MIX SHALL CONTAIN ONE OR SEVERAL OF THE FOLLOWING: COMMON MILKWEED (ASCLEPIEAS SYRIACA) - UPLAND AREAS BUTTERFLY MILKWEED (ASCLEPIEAS TUBEROSA, PA ECOTYPE UPLAND AREAS SWAMP MILKWEED (A. INCARNATA) - WETLAND AREAS
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
NOTES
G-101 Sheet:
03 of
11
LEGEND SOLAR STUDY AREA B-17A
PARCEL BOUNDARY EXISTING BUILDING
36 5
0 36
NOW OR FORMALLY THE MEADOWS OF WEBSTER 5B 360/68-70 16.11 ACRES
NOW OR FORMALLY REMAINING LAND LABELLA TERRA 5B 360/68-70 151.67 ACRES
363
2 36
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
365
364
EXISTING TREELINE DELINEATED WETLAND
PREPARED FOR:
TM MONTANTE SOLAR DEVELOPMENT, LLC
EXISTING DELINEATED STREAM
5
36
EXISTING DRAINAGE DITCH 366
D
367
EXISTING CULVERT EXISTING BEDROCK TRENCH
368
APPROXIMATE LOCATION OF EXISTING BROKEN VENT370 PIPE TO BE REPAIRED BY XEROX PRIOR TO CONSTRUCTION
B-24
CLOSED C&D LANDFILL WITH EXISTING SOIL COVER. SOLID WASTE MANAGEMENT UNIT (SWMU) #88
370
369
X
EXISTING CHAIN LINK FENCE
OHE
EXISTING OVERHEAD ELECTRIC LINE
NOW OR FORMALLY XEROX-ALDER SUB 365/34 165.72 ACRES
36 9
B-24B
2760 KENMORE AVE #101 TONAWANDA, NY14150
365
APPROX. EXTENTS OF C&D LANDFILL APPROX. EXTENTS OF ASPHALT CAPPED HAZ. WASTE LANDFILL EXISTING C&D LANDFILL VENT
B-24A
1
37
373
B-21A
374
36
B-20
5
376 37 2
0
375
5
370
0
37
370
37
41
EXISTING MONITORING WELL
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
NOTES
37
8
LF-B-37-1
377
37
9
B-20A
B-20B 37
37
6
B-21A
380
7
405
1. LANDFILL VENTS ARE TO BE PROTECTED DURING CONSTRUCTION.
B-21IR
2. EXISTING TREELINE SHOWN IS DRAWN USING AERIAL IMAGERY AND SHOULD BE CONSIDERED APPROXIMATE.
37
7
400
EXISTING LANDFILL VENTS TO BE PROTECTED
39
W-5
3. THE PROJECT IS LOCATED WITHIN THE LARGER XEROX WEBSTER CAMPUS, WHICH IS A NYSDEC RCRA FACILITY (NYSDEC SITE CODE 828178) AND IS CURRENTLY MANAGED UNDER RCRA PART 373 HAZARDOUS WASTE MANAGEMENT PERMIT (NO. 8-2654-00064/00040).
W-4
5 D
B-21DR D
6
37 0 373
EXISTING BEDROCK TRENCH
374
2
EXISTING DRAINAGE DITCH
374
375
39
37
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
RW-2 38
RW-1 5 37
5
375
380
375
B-1 373 X
X
X
X
D
X
X
X
377
37
X
EXISTING DRAINAGE DITCH
X
EXISTING UNPAVED DRIVE
7
378
B-22A
X
X
384
377
378 X
X
X
X
B-13 EXISTING UNPAVED DRIVE
B-7
379
D
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE X
OHE X
D
37
7
OHE X
OHE X
OHE X
OHE
OHE
377
139 CARACAS DRIVE WEBSTER, NY
376
X
X
X
OHE
X
IVE
EXISTING UNPAVED SITE ACCESS DRIVE 378
375
CARACAS DR
X
X
6
37
D
D OHE
X
OHE
OHE
OHE
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL
370
5
X
0
37
1 38
380
X
5 37
371 38
0 PLANNING BOARD APPROVAL Rev. Description
379
6 37
SGRUENDLING Printed: 3/18/2026 9:04 AM Sheet: 04 C-100 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\04 C-100.DWG
375
8
37
379
371
X
376
X
372
OHE
OHE
OHE
OHE
OHE
OHE
OHE
377
376
D
CARACAS DRIVE
EXISTING CONDITIONS
D
377
RESENDE ROAD
380
37
INACTIVE, ASPHALT-CAPPED HAZARDOUS WASTE LANDFILL. NYSDEC SITE CODE 828013, SOLID WASTE MANAGEMENT UNIT (SWMU) #62
6
B-18A 376
38
0
0
80
160 SCALE IN FEET
240
320
C-100 Sheet:
04 of
11
363
2 36
LEGEND
NOW OR FORMALLY REMAINING LAND LABELLA TERRA 5B 360/68-70 151.67 ACRES
0
36
5
36
NOW OR FORMALLY MEADOWS OF WEBSTER 5B 360/68-70 16.11 ACRES
365
364
SOLAR STUDY AREA PARCEL BOUNDARY EXISTING BUILDING
5
36
X
X
PROPOSED BALLASTED 3 SOLAR ARRAYS C-300
368
X
X
X
OHE
X
OHE
5
X
X
37 2
APPROXIMATE LOCATION OF EXISTING BROKEN VENT PIPE TO BE REPAIRED BY XEROX PRIOR TO CONSTRUCTION
0 37
370
PROPOSED LIMITS OF DISTURBANCE OHE
PROPOSED OVERHEAD ELECTRIC
EU
PROPOSED UNDERGROUND ELECTRIC
X OHE
5
375
37
AREA TO RECEIVE POLLINATOR SEED MIX (TYP). SEE SHEET G-101 FOR SEEDING NOTES.
X
X
EXISTING MONITORING WELL
36
376
B-20A
37
8
PANEL BALLASTS WILL BE FIELD ADJUSTED, AS NECESSARY, TO AVOID DIRECT PLACEMENT WITHIN ON-SITE DRAINAGE CHANNELS.
37
380
7 X
X
B-21IR
37
PROPOSED LIMITS OF TREE CLEARING PROPOSED AREAS TO RECEIVE POLLINATOR SEED MIX
X
7
400
OHE
B-21A
PROPOSED SITE ACCESS DRIVE
OHE
6
X
X
37
405
OHE
377
37
X
X
X
9
PROPOSED UTILITY POLE
B-20B
SEE INSET ON SHEET C-301 FOR CONFIGURATION OF PERIMETER FENCE ALONG WESTERN EDGE OF C&D LANDFILL
PROPOSED CHAIN LINK FENCE
EXISTING C&D LANDFILL VENT
OHE
X
374
B-20
370
0
373 X
ANY MINIMAL DISTURBANCE WITHIN THE C&D LANDFILL IS SUBJECT TO APPROVAL BY NYSDEC PROJECT MANAGER (I.E., STAKING OF TEMPORARY E&S CONTROLS). SEE NOTE 5.
2760 KENMORE AVE #101 TONAWANDA, NY14150
APPROX. EXTENTS OF ASPHALT CAPPED HAZ. WASTE LANDFILL
1
37
EXISTING CHAIN LINK FENCE
APPROX. EXTENTS OF C&D LANDFILL
OHE
X
36 9
X
B-24A
B-21A
370
369
41
X
X
NOW OR FORMALLY XEROX-ALDER SUB 365/34 165.72 ACRES
PROPOSED 1' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
X
TM MONTANTE SOLAR DEVELOPMENT, LLC
OW-320N
X
PROPOSED 2' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
PREPARED FOR:
EXISTING BEDROCK TRENCH
3 C-301
PROPOSED ACCESS GATE 70 3
B-24
B-24B
EXISTING DELINEATED STREAM
OHE
2B PERIMETER FENCE C-301 X
2A C-301
X
1 C-301
X X
367
LIMITS OF DISTURBANCE (17.5 ACRES) OHE
PROPOSED 4' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
DELINEATED WETLAND
365
366
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
X
AREAS WITH SOLAR PANELS INSTALLED ON CONTINUOUS SLOPES >/= 8%
X
W-5 X
OHE
ALL PROJECT ELECTRICAL GROUNDING PLATES TO BE LIMITED TO LOCATIONS AROUND PERIMETER OF EQUIPMENT PAD
X
W-4
5
X
D
GEOBALLAST FOUNDATIONS WILL BE FIELD-ADJUSTED TO AVOID THE APPROXIMATE BEDROCK TRENCH LOCATION SHOWN
X
6 37
X
RW-2 5
RW-1
X
X
X
X X
6 AUX
M
2.00
EU
X
PROPOSED 4 EQUIPMENT PAD C-300
X
X
377
OHE
X
X
X
378X
X
X
X
376
X
X
X
X
X
X
X
X OHE
OHE
OHE
OHE
OHE X
OHE X
OHE
X
OHE X
OHE X
OHE X
OHE
X
X
X
OHE
OHE
D
D OHE
50'
OHE
OHE
OHE
377
X
76 3 OHE
OHE
OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE
CARACAS DRIVE
5. REFER TO NOTES ON G-100 REGARDING CONSTRUCTION SEQUENCE FOR GRADING AND EROSION AND SEDIMENT CONTROLS. 6. ALL SITE TRAFFIC AND EQUIPMENT IS NOT PERMITTED TO ENTER THE ASPHALT CAPPED HAZ. WASTE LANDFILL AREA OR USE FOR SITE ACCESS IN ANY CAPACITY. 7. DECOMPACTION OF ALL TEMPORARY CONSTRUCTION ACCESS DRIVES MAY BE REQUIRED IN ACCORDANCE WITH 2024 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S (NYSDEC) CONSTRUCTION GENERAL PERMIT (CGP) REQUIREMENTS.
OHE
CONNECTION TO EXISTING GRID
377
376
OHE OHE
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL
377 380
CARACAS DRIVE 0
B-18A 376
384
7
37
B-28
PROPOSED SITE ENTRANCE INSET
B-18 B-18SR
PROPOSED CONDITIONS
OHE
PROPOSED PERVIOUS ACCESS DRIVE TO BE INSTALLED DURING B-28A 1 2 FINAL SITE STABILIZATION. SEE C-300 C-300 NOTE 6, THIS SHEET. SEE SHEET C-202 FOR GRADING AND PROFILE.
6
OHE
SEE PROPOSED SITE ENTRANCE INSET
37
139 CARACAS DRIVE WEBSTER, NY
OHE
38
NO WORK OR ACCESS WITHIN LIMITS OF THE ASPHALT-CAPPED LANDFILL SHALL BE PERMITTED
OHE
OHE
OHE
X
OHE
6 37
50'
OHE
X
OHE
376
1"=30'
R-88
0 OHE
X
OHE
377
OHE
D
X
OHE
378 X
OHE
X
379
B-7
378
X
X
6
37
PROPOSED 35' LONG 12"Ø RCP CULVERT. SEE SHEET C-202 FOR X X PERVIOUS ACCESS ROAD GRADING AND PROFILE.
3 C-301
X
377
X
378
OHE
70' 370
OHE
B-13
PROPOSED 20-FT WIDE SWING GATE
X
AUX
X
EU
6
X
1 38
380
X
SGRUENDLING Printed: 3/18/2026 9:04 AM Sheet: 05 C-200 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\05 C-200.DWG
M
X
379
6
7
5
4
X
OHE
37
7
X
R28.0000
OHE
X
37
X
X
X
X
37 X
OHE
X
2
3
5
4. PROPOSED PERVIOUS ACCESS DRIVE TO BE PROTECTED DURING CONSTRUCTION. CONSTRUCTION TRAFFIC TO USE TEMPORARY CONSTRUCTION ACCESSES SHOWN ON SHEET C-201.
OHE
X
8
PROPOSED EMERGENCY ACCESS TURNAROUND
OHE
X
X
377
37
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
X
X
378 OHE
X
379
375
X
8
37
5 37
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
X
X
OHE
X
OHE
7
X
X
37
378
X
X
371
D
5
4
OHE
X
X
X
X
X
X
X
X
7
379
376
EU EU OHE
372
X
3. A MINIMUM SETBACK OF 30 FEET TO BE ESTABLISHED AROUND ALL MONITORING WELLS WITHIN THE PROPOSED WORK AREA.
X
X
B-1
3
373
371
2. C&D LANDFILL VENTS ARE TO BE PROTECTED DURING CONSTRUCTION.
5
375
1. LIMITS OF DISTURBANCE = 14.8 ACRES LIMITS OF TREE CLEARING = 15.0 ACRES
X
2
37
375
380
X
38
X
X
X
37 8
X
374
OHE
X
X
374
375
373 2
37
X
NOTES
OHE
FENCE BALLASTS FOUNDATIONS WILL BE FIELD ADJUSTED TO AVOID APPROXIMATE BEDROCK TRENCH 390 LOCATIONS SHOWN
OHE
D
B-21DR
OHE
39
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
80
160 SCALE IN FEET
240
320
C-200 Sheet:
05 of
11
B/ D)
366
(H SG
LEGEND X
n M
) C SG
(H
) B/D
fA W
EXISTING BUILDING
)
PROPOSED LIMITS OF DISTURBANCE (17.5 ACRES)0
X
A/
D)
DELINEATED WETLAND
37
X
SG
B-24
B-24B
G
(H
X
GC
B
GaA (HSG A/D)
B/D) Mn (HSG
DELINEATED STREAM
GaA (HSG A/D)
EXISTING BEDROCK TRENCH
PROPOSED 4' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302 9
X
X
36
PhB (HSG B/D)
X
X
A/D )
D)
1
X
37
EXISTING CHAIN LINK FENCE PROPOSED CHAIN LINK FENCE
OHE
EXISTING OVERHEAD ELECTRIC LINE
X
X
2 37
X
A/D)
B/D)
X
APPROX. EXTENTS OF C&D LANDFILL
0 37
370 X
Mn (HS G
X
GaB (H SG
X
5
DA-09 X
X
375 X
37 9
377
X
37 8 X
B/ D)
C)
SOIL BOUNDARY
X
B-21IR
37
7
X
DELINEATED DRAINAGE AREAS
B/
X
D)
A/
SG
(H SG
(H S
G
X
M
n
FLOW ARROW X
W-5 X
EXISTING DRAINAGE DITCH
B/D)
EIA (HSG
A/D)
X
39
W-4
5
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
EXISTING FENCE TO BE REMOVED AREAS WITH SOLAR PANELS INSTALLED ON CONTINUOUS SLOPES >/= 8%
X
Mn (HSG
X
/D )
D)
(H
PROPOSED LIMITS OF TREE CLEARING
X
fA
n
380
X
SG
X
D)
A/
37 7
PROPOSED LIMITS OF FILTER SOCK
DA-11
C)
(H
SG
M
B-21A
Ga B
(H
SG (H
6
EXISTING MONITORING WELL PROPOSED LIMITS OF DISTURBANCE
X
B
)
37
W
STAKES FOR FILTER SOCK INSTALLED IN LIMITS OF C&D LANDFILL TO BE EMBEDDED A MAXIMUM OF 6 INCHES
400
fA
/D)
W
GA
B/D
B-20B
405
DA-10
Ga
(HS
HSG
1 105' OF FILTER SOCK TO BE C-302 INSTALLED ALONG CONTOUR (TYP)
X
GB
B-21A
X
HS
EXISTING C&D LANDFILL VENT
X
B-20A
GaB
( PhB
B(
5 37
370
Ph
APPROX. EXTENTS OF ASPHALT CAPPED HAZ. WASTE LANDFILL
X
41 0
2760 KENMORE AVE #101 TONAWANDA, NY14150
EXISTING DELINEATED STREAM
36
376
3255' OF FILTER SOCK TO BE INSTALLED 1 AROUND ENTIRE WORK AREA PRIOR TO C-302 ANY GROUND DISTURBANCE
TM MONTANTE SOLAR DEVELOPMENT, LLC
374
B-20
DA-06
PREPARED FOR:
EXISTING CULVERT
X
373
DA-08
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
X
X
D
X
GaA (HSG A/
370
369
EXISTING DRAINAGE DITCH
GaA (HS G
X
DA-07
XWfA (HSG C)
ANY MINIMAL DISTURBANCE WITHIN THE C&D LANDFILL IS SUBJECT TO APPROVAL BY NYSDEC PROJECT MANAGER (I.E., STAKING OF TEMPORARY E&S CONTROLS). SEE NOTE 4.
B-24A
PROPOSED 1' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
X
PROPOSED 2' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
X
SCALE IN FEET
aA
Ga
(H
368
G HS
240
X
HS A(
180
( Mn
120
B/
Wf
60
n M
(H
SG
X
0
D A/
SOLAR STUDY AREA
X
)
X
D
)
SG
X
367
D
X
B-21DR
D
X
72' OF FILTER SOCK TO BE 1 INSTALLED ALONG C-302 CONTOUR (TYP)
D
6
37
X
PANEL BALLASTS WILL BE FIELD ADJUSTED, AS 39 NECESSARY, TO AVOID DIRECT PLACEMENT 0 WITHIN ON-SITE DRAINAGE CHANNELS.
X
X
B/D) Mn (HS G
X
RW-1
DA-04
X
DA-05
)
375
S (H
C)
EXISTING BEDROCK TRENCH
37
5
X
X
) B/D
X
X
X
X
G
X
X
X
HS B(
G A/D)
X
X
EIA (H S
378
7
X
379
X
X
X
X
X
1 C-302
X
377
(HS GA /D) (HS GC )
X
X
Wf A
EU
6 AUX
M
X
X
EIA
5
4
380
1 100' OF FILTER SOCK TO BE INSTALLED C-302 X
X
B-13
370
37 5
X
X
7
X
X
0
3
1 38
DA-01
3
38
7. DECOMPACTION OF ALL TEMPORARY CONSTRUCTION ACCESS DRIVES MAY BE REQUIRED IN ACCORDANCE WITH 2024 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S (NYSDEC) CONSTRUCTION GENERAL PERMIT (CGP) REQUIREMENTS.
2
379
DA-02
X
X
6 37 X
75
X
378
EXISTING DRAINAGE DITCH
X
371
375
X
) B/D
137' OF FILTER SOCK TO BE 1 C-302 INSTALLED ALONG CONTOUR (TYP)
6. NO ACCESS OR EQUIPMENT TRAVEL IS PERMITTED WITHIN ASPHALT CAPPED LANDFILL. ACCESS OR EQUIPMENT TRAFFIC ON THE C&D LANDFILL SHALL BE LIMITED TO LOADS LESS THAN 10 PSI. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING INTEGRITY OF C&D LANDFILL COVER.
X
150' OF FILTER SOCK TO BE INSTALLED ALONG 8 37 (TYP) CONTOUR
X
/D) (HS
5. REFER TO NOTES ON G-100 REGARDING CONSTRUCTION SEQUENCE FOR GRADING AND EROSION AND SEDIMENT CONTROLS.
1 C-302
X
Mn (HS G B/D)
X
140' OF FILTER SOCK TO BE INSTALLED ALONG CONTOUR (TYP)
37
X
DA-12
377
X
Ph
D
X
GB (HS G
Mn
384
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
X
6
DA-13
B-7 X
X378
X
37
X
X
X
X
X
X
X
X OHE
X
OHE
X
X
X
X
D
OHE
OHE
OHE
OHE
OHE
OHE
OHE
n
SG
376
B/ D)
D)
B/
SG
D
M
(H
OHE
OHE
OHE
E
GA HS IA (
OHE
2 C-300
TEMPORARY STABILIZED SITE ENTRANCE
X
OHE
X
OHE X
CARACAS DRIVE
X
OHE X
OHE X
OHE
X
OHE
X
OHE
X
377
376
OHE
OHE D
X
2 C-300
X
X
X
X OHE X
(H
A
EI
SG (H
OHE
n
7
OHE
/D)
D)
B/
M
D
37
OHE
X
X
375 OHE
X
379
X
X
D D
SGRUENDLING Printed: 3/18/2026 9:05 AM Sheet: 06 C-201 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\06 C-201.DWG
X
X
X
X
X
D
371
EIA
EXISTING UNPAVED DRIVE
X
376
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
4. PROPOSED PERVIOUS ACCESS DRIVE TO BE PROTECTED DURING CONSTRUCTION. CONSTRUCTION TRAFFIC TO USE TEMPORARY CONSTRUCTION ACCESSES SHOWN ON SHEET C-201.
373 372
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
3. A MINIMUM SETBACK OF 30 FEET TO BE ESTABLISHED AROUND ALL MONITORING WELLS WITHIN THE PROPOSED WORK AREA.
X
X
G
fA W
375
B-1
DA-03
D B/
X
G
HS
( Mn
X
2. C&D LANDFILL VENTS ARE TO BE PROTECTED DURING CONSTRUCTION.
X
5
RW-2
BcB (HSG D)
X
WfA (HSG C)
38
3
X
2
1. LIMITS OF DISTURBANCE = 14.8 ACRES LIMITS OF TREE CLEARING = 15.0 ACRES
1 C-302
X
EIA (HSG B/D)
45' OF FILTER SOCK TO BE 1 INSTALLED ALONG CONTOUR (TYP) C-302 80
37
374
X
100' OF FILTER SOCK TO BE INSTALLED ALONG CONTOUR (TYP)
374
PhB (HSG B/D)
375
373
FENCE BALLASTS FOUNDATIONS WILL BE FIELD ADJUSTED TO AVOID APPROXIMATE BEDROCK TRENCH LOCATIONS SHOWN
NOTES
D
OHE
OHE
OHE
OHE
377
TEMPORARY STABILIZED SITE ENTRANCE
377
380
OHE
OHE
OHE
OHE
8. FILTER SOCKS INTERIOR TO THE LOD ARE TO BE INSTALLED DOWNSTREAM OF ACTIVE TREE CLEARING AND MAINTAINED UNTIL FINAL STABILIZATION. FILTER SOCKS INTERIOR TO THE LOD MAY BE MOVED TO LOCATIONS APPROXIMATE TO THOSE SHOWN ON THE PLANS TO ALLOW FOR SOLAR ARRAY INSTALLATION. 7. STORMWATER CONTROLS ARE SUBJECT TO REVIEW AND APPROVAL BY THE TOWN ENGINEER/MS4 REVIEWER AND BY NYSDEC.
EROSION AND SEDIMENT CONTROLS PLAN
C-201 Sheet:
06 of
11
X
OHE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
LEGEND
X
X
SOLAR STUDY AREA
2
7
OHE
3
X
PARCEL BOUNDARY 100 FT STREAM SETBACK
X
M
OHE
EXISTING OVERHEAD ELECTRIC
X
EXISTING CHAIN LINK FENCE
PREPARED FOR:
X
PROPOSED CHAIN LINK FENCE
TM MONTANTE SOLAR DEVELOPMENT, LLC
PROPOSED 4 EQUIPMENT PAD C-300
5
X
OHE
PROPOSED LIMITS OF DISTURBANCE PROPOSED FILTER SOCK
PROPOSED EMERGENCY ACCESS TURNAROUND
AUX
70'
6
X
OHE
ALL PROJECT ELECTRICAL GROUNDING PLATES TO BE LIMITED TO LOCATIONS AROUND PERIMETER OF EQUIPMENT PAD
OHE
PROPOSED OVERHEAD ELECTRIC
EU
PROPOSED UNDERGROUND ELECTRIC
2760 KENMORE AVE #101 TONAWANDA, NY14150
X
PROPOSED 35' LONG 12"Ø REINFORCED CONCRETE PIPE CULVERT
2%
OHE
377
378
376
377
378
379
377
4
X
378
380
X
377
376
OHE
2%
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
OHE
PROPOSED LIMITS OF TREE CLEARING EU
X
OHE
R28.00 (TYP) EU
2 C-300
PROPOSED ACCESS DRIVE
X
1 C-300
X
EU
OHE
NOTES
EU
X
OHE
376
PROPOSED SOLAR ARRAY (TYP) 1. PROPOSED PERVIOUS ACCESS DRIVE TO BE PROTECTED DURING CONSTRUCTION. CONSTRUCTION TRAFFIC TO USE TEMPORARY CONSTRUCTION ACCESSES SHOWN ON SHEET C-201.
377 EU
X
OHE
378
EU
2%
X
OHE
50'
169' X
1
1+00
3. DECOMPACTION OF ALL TEMPORARY CONSTRUCTION ACCESS DRIVES MAY BE REQUIRED IN ACCORDANCE WITH 2024 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S (NYSDEC) CONSTRUCTION GENERAL PERMIT (CGP) REQUIREMENTS.
EU
X
2%
OHE
2. REFER TO NOTES ON G-100 REGARDING CONSTRUCTION SEQUENCE FOR GRADING AND EROSION AND SEDIMENT CONTROLS.
1+75
EU
0+00
34'
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
OHE
EU
X OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
X
OHE
X
OHE
3 PROPOSED ACCESS GATE C-301
PROPOSED UTILITY POLE (TYP) X
OHE X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1 PROPOSED FILTER SOCK (TYP) C-302
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
OHE OHE OHE
1 C-301
2A C-301
2B PROPOSED PERIMETER FENCE C-301
0
10
20
30
40
SCALE IN FEET
390
390
380
380
370 0+00
1+00 STATION IN FEET
EXISTING GRADE
PROPOSED GENERAL FILL
370 1+75
ELEV. IN FEET
ELEV. IN FEET
3/18/2026 9:05 AM Sheet: 07 C-202 Saved by: SGRUENDLING \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\07 C-202.DWG
PROPOSED GRADE
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
PROPOSED SUBGRADE PROPOSED 35' LONG 12"Ø REINFORCED CONCRETE PIPE CULVERT HORIZ.
0
10
20
30
40
VERT.
0
10
20 SCALE IN FEET
30
40
1
PROPOSED ACCESS ROAD GRADING PLAN
AS SHOWN
C-202 Sheet:
07 of
11
LEGEND
5
36 0
36
NOW OR FORMALLY HE MEADOWS OF WEBSTER 5B 360/68-70 16.11 ACRES
NOW OR FORMALLY REMAINING LAND LABELLA TERRA 5B 360/68-70 151.67 ACRES
363
2 36 365
364
SOLAR STUDY AREA PARCEL BOUNDARY EXISTING BUILDING
5
36
X
X
368
3 C-301
X
PROPOSED ACCESS GATE
X
X
OHE
X
X
X X
2 X
0
37
37
370 X
TREE CLEARING X
X
5
375
37
370
GRADING AND UTILITY INSTALLATION
377
37
X
37
8
X
X
9
B-20A
37 X
7
SOLAR ARRAY INSTALLATION
INSTALL STABILIZED CONSTRUCTION ENTRANCES
Schedule TBD
CONDUCT TREE CLEARING
Schedule TBD
INSTALL GRAVEL DIAPHRAGM INSTALL EQUIPMENT PAD
Schedule TBD
B-21A
B-21IR
X
EXISTING MONITORING WELL
INSTALL UTILITY POLES
Schedule TBD
INSTALL ELECTRIC LINES
Schedule TBD
INSTALL SOLAR ARRAYS
Schedule TBD
INSTALL PERVIOUS SITE ENTRANCE
Schedule TBD
37
X
7
400
FINAL SITE STABILIZATION
X
CONDUCT FINAL STABILIZATION
Schedule TBD
CONDUCT FINAL SITE INSPECTION REMOVE EROSION AND SEDIMENT CONTROLS
Schedule TBD Schedule TBD
X
W-5
PROPOSED LIMITS OF DISTURBANCE OHE
PROPOSED OVERHEAD ELECTRIC
EU
PROPOSED UNDERGROUND ELECTRIC
Schedule TBD PROPOSED UTILITY POLE
X
SEE INSET ON SHEET C-301 FOR CONFIGURATION OF PERIMETER FENCE ALONG WESTERN EDGE OF C&D LANDFILL
37
6
380
405
X
B-20B
Schedule TBD
PROPOSED SITE ACCESS DRIVE PROPOSED LIMITS OF TREE CLEARING PROPOSED LIMITS OF FILTER SOCK
OHE
0
INSTALL PERIMETER EROSION AND SEDIMENT CONTROLS
OHE
INSTALL EROSION AND SEDIMENT CONTORLS
5
376
OHE
36
B-20
PROPOSED CHAIN LINK FENCE
EXISTING C&D LANDFILL VENT
OHE
CONSTRUCTION PHASING
OHE
X
374
OHE
373 X
ANY MINIMAL DISTURBANCE WITHIN THE C&D LANDFILL IS SUBJECT TO APPROVAL BY NYSDEC PROJECT MANAGER (I.E., STAKING OF TEMPORARY E&S CONTROLS). SEE NOTE 5.
2760 KENMORE AVE #101 TONAWANDA, NY14150
APPROX. EXTENTS OF ASPHALT CAPPED HAZ. WASTE LANDFILL
1
37
EXISTING CHAIN LINK FENCE
APPROX. EXTENTS OF C&D LANDFILL
OHE
X
36 9
X
B-24A
B-21A
370
369
41
X
X
NOW OR FORMALLY XEROX-ALDER SUB 365/34 165.72 ACRES
PROPOSED 1' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
X
TM MONTANTE SOLAR DEVELOPMENT, LLC
OW-320N
70
PROPOSED 2' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
PREPARED FOR:
EXISTING BEDROCK TRENCH
3
B-24
B-24B
OHE
LIMITS OF DISTURBANCE (17.5 ACRES)
OHE
2B PROPOSED PERIMETER FENCE C-301
DELINEATED STREAM
X
2A C-301
X
X
1 C-301
3 PROPOSED BALLASTED SOLAR ARRAYS C-300
X
367
DELINEATED WETLAND
365
366
PROPOSED 4' WIDE GRAVEL 2 DIAPHRAGM SECTION C-302
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
EXISTING FENCE TO BE REMOVED PROPOSED STAGING AREAS
OHE
X
X
X
FILTER SOCK TO BE INSTALLED
D
B-21DR
1 AROUND ENTIRE WORK AREA PRIOR C-302 TO ANY GROUND DISTURBANCE
D
GEOBALLAST FOUNDATIONS WILL BE FIELD-ADJUSTED TO AVOID THE APPROXIMATE BEDROCK TRENCH LOCATION SHOWN
X
6 37
OHE
X
X
X
PROPOSED LAYDOWN AREA. SHEET G-100 FOR SOIL RESTORATION NOTES.
RW-1
X
7
AUX
M
EU
X
PROPOSED 4 EQUIPMENT PAD C-300
X
X
377
X
X
378 OHE
OHE
370
B-13
X
378X
X
X
X
X
377
X
378
PROPOSED 35' LONG 12"Ø RCP CULVERT. SEE SHEET C-202 FOR PERVIOUS ACCESS ROAD GRADING AND PROFILE.
X
X
AUX
X
EU
6
OHE
376
X
X
X
X
X
378 X X
X
X
X
X
X
X
X
OHE
OHE
OHE
OHE
OHE
OHE
OHE X
OHE X
OHE
X
OHE X
OHE X
OHE X
OHE
X
X
X
OHE
OHE
376
D
D OHE
OHE
OHE
OHE
377
X
76 3 OHE
X
CONNECTION TO EXISTING GRID 6 37
OHE
OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
OHE OHE
4. PROPOSED PERVIOUS ACCESS DRIVE TO BE PROTECTED DURING CONSTRUCTION. CONSTRUCTION TRAFFIC TO USE TEMPORARY CONSTRUCTION ACCESSES SHOWN ON SHEET C-201. 5. REFER TO NOTES ON G-100 REGARDING CONSTRUCTION SEQUENCE FOR GRADING AND EROSION AND SEDIMENT CONTROLS. 6. NO SITE TRAFFIC AND EQUIPMENT IS PERMITTED TO ENTER THE ASPHALT CAPPED HAZ. WASTE LANDFILL AREA OR USE FOR SITE ACCESS IN ANY CAPACITY. 7. DECOMPACTION OF ALL TEMPORARY CONSTRUCTION ACCESS DRIVES MAY BE REQUIRED IN ACCORDANCE WITH 2024 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S (NYSDEC) CONSTRUCTION GENERAL PERMIT (CGP) REQUIREMENTS.
TEMPORARY STABILIZED SITE ENTRANCE
OHE
OHE
CARACAS DRIVE 377 380
38
2 C-300
TEMPORARY STABILIZED SITE ENTRANCE
0
SEE PROPOSED SITE ENTRANCE INSET
139 CARACAS DRIVE WEBSTER, NY
OHE
NO ACCESS OR DISTURBANCE ALLOWED WITHIN FOOTPRINT OF ASPHALT CAPPED HAZ. WASTE 37 6 LANDFILL (SEE NOTE 6)
PROPOSED PERVIOUS ACCESS DRIVE TO BE INSTALLED DURING 1 2 FINAL SITE STABILIZATION. SEE C-300 C-300 NOTE 6, THIS SHEET. SEE SHEET C-202 FOR GRADING AND PROFILE.
OHE
CARACAS DRIVE
TEMPORARY STABILIZEDB-28A 2 SITE ENTRANCE C-300
PHASING PLAN
B-18A
OHE
OHE
2 C-300
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL
377
376
0 PLANNING BOARD APPROVAL Rev. Description
OHE
OHE
OHE
X
OHE
X OHE
377
376
384
7
37
B-28
PROPOSED SITE ENTRANCE INSET
B-18 B-18SR
1"=30'
R-88
0 OHE
X
D
X
OHE
B-7
OHE
6
37
379
OHE
5
1
37
38
380
X
SGRUENDLING Printed: 3/18/2026 9:05 AM Sheet: 08 C-203 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\08 C-203.DWG
5
4
X
379
6
7
7
M
X
OHE
37
X
X
X
X
37 X
OHE
X
OHE
X
2
3
5 37
371
3 PROPOSED 20-FT WIDE SWING GATE C-301
OHE
X
37
8
X
377
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
X
X
X
OHE
X
379
375
X
X
X
X
8
37
3. A MINIMUM SETBACK OF 30 FEET TO BE ESTABLISHED AROUND ALL MONITORING WELLS WITHIN THE PROPOSED WORK AREA.
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
OHE
X
OHE
X
X
7 37
378
X
X
6
OHE
X
371
D
5
4
EU
OHE
X
X
X
X
X
X
X
X
376
EU
379
PROPOSED LAYDOWN AREA. 373 SHEET G-100 FOR SOIL 372 RESTORATION NOTES.
3
X
X
B-1
X
375
OHE
5
375
380
2
X
37
X
X
X
5
X
38
1. LIMITS OF DISTURBANCE = 14.8 ACRES LIMITS OF TREE CLEARING = 15.0 ACRES
OHE
RW-2
NOTES
2. C&D LANDFILL VENTS ARE TO BE PROTECTED DURING CONSTRUCTION.
X
37 8
X
374
2
37
X
374
373
375
39 0
X
AREAS WITH SOLAR PANELS INSTALLED ON CONTINUOUS SLOPES >/= 8%
W-4
5
OHE
39
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
80
160 SCALE IN FEET
240
320
C-203 Sheet:
08 of
11
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com PREPARED FOR:
TM MONTANTE SOLAR DEVELOPMENT, LLC 2760 KENMORE AVE #101 TONAWANDA, NY14150
NOTE
2
NOT TO SCALE
1. TEMPORARY ACCESS ROAD DETAIL PROVIDED BY MONTANTE SOLAR DEVELOPMENT, LLC.
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
NOTE
SGRUENDLING Printed: 3/18/2026 9:05 AM Sheet: 09 C-300 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\09 C-300.DWG
1
NOT TO SCALE
1. PERVIOUS ACCESS ROAD DETAIL PROVIDED BY MONTANTE SOLAR DEVELOPMENT, LLC.
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
NOTE
4
NOT TO SCALE
DETAILS
1. EQUIPMENT PAD DETAIL PROVIDED BY MONTANTE SOLAR DEVELOPMENT, LLC.
NOTE
3
NOT TO SCALE
1. GEOBALLAST DATA SHEET PROVIDED BY MONTANTE SOLAR DEVELOPMENT, LLC.
C-300 Sheet:
09 of
11
X
X
APPROXIMATE EXTENTS OF DRIVEN FENCE POSTS
NOTE
X
365
X
X
1. DRIVEN POST FENCING TO BE UTILIZED TO PROPERLY ANCHOR FENCING PROPOSED ON SLOPES WHICH ARE IN OR ADJACENT C&D LANDFILL EXTENTS.
B-20A X
2. WHERE FEASIBLE, BALLASTED POST FENCING IS TO BE INSTALLED WITHIN LIMITS OF C&D LANDFILL.
PREPARED FOR:
TM MONTANTE SOLAR DEVELOPMENT, LLC
375
X
37 0
APPROXIMATE EXTENTS OF BALLASTED FENCE POSTS FOR C&D LANDFILL
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
5 X
37
2760 KENMORE AVE #101 TONAWANDA, NY14150
X
X
B-20B
0 37
B-21A
APPROXIMATE EXTENTS OF DRIVEN FENCE POSTS
X
XX
X
B-21IR
NOT TO SCALE
X
2A
BALLASTED FENCE POST FOOTING DETAIL
C&D LANDFILL DRIVEN POST EXTENTS INSET
CHAIN LINK MATCH EXISTING MESH AND GAUGE TOP SELVAGE TWISTED
DOME TOP
1"=40'
CORNER POST CORNER POST
TOP RAIL 1 - 5/8" OD
RAIL TIE
TENSION BAND 12" O.C.
TENSION BAR
BRACE RAIL 1 - 5/8" OD LINE POST TIE 12" O.C.
7'
BRACE BAND
BOTTOM SELVAGE KNUCKLED
HOG RING 18" O.C.
TRUSS ROD ADJUSTING UNIT
TENSION WIRE 7 GAUGE
TRUSS ROD ADJUSTING UNIT
4'
ADJUSTABLE TRUSS ROD 3 8" DIAMETER
1
SGRUENDLING Printed: 3/18/2026 9:06 AM Sheet: 10 C-301 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\10 C-301.DWG
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
10' MAX SPACING
7' BALLASTED CHAIN-LINK FENCE DETAIL SCALE: NOT TO SCALE
20'-0"
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
2B
DRIVEN FENCE POST FOOTING DETAIL
DIAMETER, DEPTH, AND MATERIAL AS DIRECTED BY THE CONSTRUCTION MANAGER
NOT TO SCALE
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
DETAILS
3
20' WIDE BALLASTED DUAL SWING GATE DETAIL SCALE: NOT TO SCALE
4
20' WIDE BALLASTED DOUBLE SWING GATE POST FOOTING DETAIL SCALE: NOT TO SCALE
C-301 Sheet:
10 of
11
2"x2" WOOD STAKE, EVERY 10' AND AT ENDS OF COMPOST FILTER SOCK COMPOST FILTER SOCK
WOOD STAKE TO ONLY PENETRATE NETTING
FLOW
NOTES:
NOTES:
1.
COMPOST FILTER SOCKS SHALL CONFORM TO THE NEW YORK STATES STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROLS, 2016.
1.
GRAVEL FILL MATERIAL SHALL CONSIST OF NYSDOT NO. 4 CLEAN, DURABLE, SHARP ANGLED CRUSHED STONE OF UNIFORM QUALITY, MEETING THE SPECIFICATIONS OF NYSDOT ITEM 703-02 SIZE DESIGNATION 4 OF TABLE 703-4.
2. 2.
COMPOST FILTER SOCKS SHALL BE A MINIMUM 12" DIAMETER.
TO MINIMIZE SEDIMENT ACCUMULATION IN THE GRAVEL DIAPHRAGM, THE GEOTEXTILE FABRIC SHALL BE WRAPPED OVER THE TOP UNTIL FINAL STABILIZATION IS ACHIEVED. THE FABRIC FOLD SHOULD ORIGINATE FROM THE UPGRADIENT SIDE.
3.
COMPOST FILTER SOCKS SHALL BE INSTALLED ALONG A LEVEL GRADE WITH ENDS OVERLAPPING.
3.
THE GRAVEL DIAPHRAGM SHALL NOT BE DRIVEN UPON DURING SOLAR PANEL CONSTRUCTION ACTIVITIES UNLESS THE GRAVEL IS PROTECTED WITH A RIGID BARRIER SUCH AS PLYWOOD OR CONSTRUCTION EQUIPMENT IS CONSIDERED TO BE LOW GROUND PRESSURE EQUIPMENT TO MINIMIZE COMPACTION.
4.
COMPOST FILTER SOCKS TO BE WESTERN GREEN STRAW WATTLE OR APPROVED EQUAL.
4.
GRAVEL DIAPHRAGM IS TO BE INSTALLED ALONG THE CONTOUR AS SHOWN ON THESE DESIGN PLANS.
5.
THE GRAVEL DIAPHRAGM SHALL NOT BE INSTALLED WITHIN THE LIMITS OF THE EXISTING CONSTRUCTION AND DEMOLITION (C&D) LANDFILL. THE CONTRACTOR IS TO COORDINATE WITH THE OWNER TO VERIFY THE LIMITS OF THE C&D LANDFILL BEFORE GRAVEL DIAPHRAGM CONSTRUCTION. THE GRAVEL DIAPHRAGM SHALL BE OFFSET FROM THE C&D LANDFILL AS NECESSARY.
5.
COMPOST FILTER SOCKS ARE NOT TO BE USED IN CONCENTRATED FLOW SITUATIONS.
6.
ROUTINELY INSPECT COMPOST FILTER SOCKS AFTER EACH SIGNIFICANT RAIN, MAINTAINING WATTLES IN A FUNCTIONAL CONDITION AT ALL TIMES.
7.
REMOVE SEDIMENTS COLLECTED AT THE BASE OF THE COMPOST FILTER SOCKS WHEN THEY REACH 1/3 OF THE EXPOSED HEIGHT OF THE PRACTICE.
PROPOSED MIRAFI 160-N FILTER GEOTEXTILE
WHERE THE COMPOST FILTER SOCK DETERIORATES OR FAILS, IT WILL BE REPAIRED OR REPLACED WITH A MORE EFFECTIVE ALTERNATIVE.
TOPSOIL
FINISH GRADE
2"
8. 6" MAX. 9.
TRAFFIC SHALL NOT BE PERMITTED TO CROSS FILTER SOCKS.
2760 KENMORE AVE #101 TONAWANDA, NY14150
1' MIN.
1' MIN. TO 4' MAX. SEE SHEETS C-200 AND C-201 FOR SECTION WIDTHS
12. UPON ACHIEVING FINAL STABILIZATION AND DURING FILTER SOCK REMOVAL, STAKES SHALL BE PULLED AND ANY RESULTING VOIDS SHALL BE BACKFILLED WITH CLEAN SOIL, AS NEEDED.
NOT TO SCALE
TM MONTANTE SOLAR DEVELOPMENT, LLC
EXISTING UNDISTURBED SOIL
11. FILTER SOCK STAKES TO BE EMBEDDED A MAXIMUM OF 6" PER SPECIFIC REQUESTS FROM THE NYSDEC DIVISION OF ENVIRONMENTAL REMEDIATION.
1
PREPARED FOR:
NYSDOT NO. 4 SHARP ANGLED CRUSHED STONE
10. REMOVAL - COMPOST FILTER SOCKS WILL BE DISPERSED ON SITE WHEN NO LONGER REQUIRED IN SUCH AS WAY AS TO FACILITATE AND NOT OBSTRUCT SEEDINGS.
COMPOST FILTER SOCK
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
2
NOT TO SCALE
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
SGRUENDLING Printed: 3/18/2026 9:06 AM Sheet: 11 C-302 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\11 C-302.DWG
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
0205399 SHOWN MARCH 2026 SRG, JC SRG, JC SRG, ND ND
0 PLANNING BOARD APPROVAL Rev. Description
H&A 03/18/26 By Date
MONTANTE XEROX SOLAR DEVELOPMENT DESIGN SUBMITTAL 139 CARACAS DRIVE WEBSTER, NY
DETAILS
C-302 Sheet:
11 of
11
Exhibit C
Exhibit D
HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE 1. Ascot Specialty Insurance Company, (the “Insurer”), of 55 West 46th Street 26th Floor, New York, NY 10036 hereby certifies that it has issued liability insurance covering bodily injury and property damage to Xerox Corporation, (the “insured”), of 201 Merritt 7, Norwalk, CT 06851 in connection with the insured's obligation to demonstrate financial responsibility under 40 CFR 264.147 or 265.147. The coverage applies at EPA RCRA ID Number NYD002211324, Xerox-Webster Facility, 800 Phillips Road, Webster, NY for sudden accidental occurrences. The limits of liability are $1,000,000 each occurrence and $2,000,000 annual aggregate, exclusive of legal defense costs. The coverage is provided under policy number ENPR2210000685-04, issued on 03/31/2025. The effective date of said policy is 03/31/2025. 2. The Insurer further certifies the following with respect to the insurance described in Paragraph 1: (a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy. (b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in 40 CFR 264.147(f) or 265.147(f). (c) Whenever requested by a Regional Administrator of the U.S. Environmental Protection Agency (EPA), the Insurer agrees to furnish to the Regional Administrator a signed duplicate original of the policy and all endorsements. (d) Cancellation of the insurance, whether by the insurer, the insured, a parent corporation providing insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the hazardous waste management facility, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the Regional Administrator(s) of the EPA Region(s) in which the facility(ies) is(are) located. (e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the Regional Administrator(s) of the EPA Region(s) in which the facility(ies) is (are) located. I hereby certify that the wording of this instrument is identical to the wording specified in 40 CFR 264.151(j) as such regulation was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
__________________________________________________ signature Jesse Paulson Chief Underwriting Officer, Authorized Representative of Ascot Specialty Insurance Company 55 West 46th Street 26th Floor, New York, NY 10036
Exhibit E
This
bond
Supersedes and replaces bond
#
1000830853 issued
by
U.S.
Specialty
Insurance
SURETY BOND 800207340
Bond Number:
October 29,
Date bond executed:
2025
(If more than one Surety, identify bond number with respective Surety) Effective date: October 29, 2025
Principal:
Xerox Corporation 201 Merritt 7,
Norwalk, CT 06850
(Legal name and business address of owner or operator) Type of organization: Corporation (Insert "individual," "joint venture," "partnership," or “corporation")
Delaware
State of Incorporation:
Surety(ies):
Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 State of Inc. New York
(Name(s) and business address(es) of Surety(ies)) Obligee: New York State Department of Environmental Conservation EPA identification numbers, name, address, and closure and/or post-closure and corrective action amount(s) for each facility guaranteed by this bond (indicate facility and closure and post-closure and corrective action amounts separately): ID # NYD002271 1324
—
800 Phillips Road, Webster, NY 14580
Closure Amount:
$300,203
Post Closure Amount:_
$0
Corrective Action Amount:
6,552,349.00
$
$6,852,552.00(payable in good and lawful money of the
United States of America)
Company
NOW, THEREFORE, Know All Persons By These Presents, that we, the Principal and Surety(ies) hereto are held and firmly bound to NYSDEC in the above penal sum for the
payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a
joint
action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety, but if no limit of liability is indicated,
the limit of liability shall be the full amount of the penal sum.
WHEREAS said Principal is required, under ECL Article 27, to have a permit or interim status in order to own or operate each hazardous waste management facility identified above; and WHEREAS said Principal is required to provide financial assurance for closure, or closure and post-closure care, and corrective action, as referred to above, as a condition of the permit(s) or interim status; and WHEREAS said Principal shall establish a standby trust fund as is required when a
surety bond is used to provide such financial assurance; NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the facility,
OR, if the Principal shall fund the standby trust fund in such amount(s) within 15
days after an order to begin closure is issued by the Commissioner or a United States district court or other court of competent jurisdiction,
OR, if the Principal shall provide alternate financial assurance, as specified in ECL section 27-0917 or 6 NYCRR 373-2.8 or 373-3.8, as applicable, and obtain the
Commissioner's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Commissioner from
the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in
full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the
Commissioner that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into
the standby trust fund as directed by the Commissioner. The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of
the Surety(ies) hereunder exceed the amount of said penal sum. The Surety(ies) may cancel the bond by sending notice of cancellation by certified
mail, return receipt requested, to the Principal and the Commissioner, provided,
however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Commissioner, as evidenced
by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies),
provided, however, that no such notice shall become effective until the Surety(ies)
receive(s) written authorization for termination of the bond by the Commissioner. IN WITNESS WHEREOF, the Principal and Surety(ies) have affixed their seals on
the date set forth above. The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the
wording of this surety bond is identical to the wording specified in
6 NYCRR 373-
2.8(j)(2), as such regulations were constituted on the date this bond was executed, with the exception that the words “and corrective action” were added where
appropriate, and a line item for corrective action costs was also added.
PRINCIPAL
Kerox Corporation
beg
/
(Signature(s)
Lillai
(Name(s))
Nivlanda
(Title(s))
Chief Fndirc
('
tahbestO |
Off wh
(Corporate Seal) CORPORATE SURETY(IES)
Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800, Plymouth, MN 55441
(Name and Address) State of Incorporation: New York
(For each facility, and in the aggregate) $103,589,000
(Signature(s))
(Name(s) and Title(s))
Joanne Czlapinski, Attorney-in-Fact
(Corporate Seal) (For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.)
!
(ACKNOWLEDGEMENT BY PRINCIPAL, UNLESS IT BE
A CORPORATION)
:
COUNTY OF :
On this day of
,
19
,
before me personally came to me known and known to me to be
the person(s) described in and who executed the foregoing instrument and
acknowledged that (s)he executed the same.
Notary Public
(ACKNOWLEDGEMENT BY PRINCIPAL, IF
A CORPORATION)
STATE OF :SS.: COUNTY OF On this day of
,
,
before me personally came
to me known, who, being by me duly sworn, did depose and ; that (s)he is the
say that (s)he resides in of
,
the corporation described in and which
executed the within instrument; that (s)he knows the seal of said corporation; that
the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that (s)he signed his/her name thereto
by like order. Notary Public
State of
.
County of
Connecticut
Hartford
_
;
ss:
October 29, 2025 before me, a Notary Public in and for said County and State, residing On therein, duly commissioned and sworn, personally appeared ,
Joanne Czlapinski
known to me to be Attorney-in-Fact of
Atlantic Specialty
insurance Company
.
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOPF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires
November 30, 2027
Angela O'Hara
intact Power of Attorney
INSURANCE
Principal Xerox Corporation Obligee State of New York KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Joanne Czlapinski each individually if there be more than one named, its true and lawful Minnesota, does hereby constitute and appoint: Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Surety Bond No:
.
That the President, any Senior Vice President or Vice-President (each an “Authorized Officer’) may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-inFact.
That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attormey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. as the
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first
day of January, 2023. ae een, 4
?
Oa Nee,
spy
-
Up
AA By STATE OF MINNESOTA
2p
HENNEPIN COUNTY
NON
ee
te
Osa
Sarah A. Kolar, Vice President and General Counsel
eas .
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
me
Ni Jf
ALISON D. NASH-TROUT NOTARY PUBLIC
-
iON. ult A,
MINNESOTA
My Commission Expires
-
January 31, 2030
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated
29th
day of
October
2025
—
OS
Aeeltlrttey ty Mn NY
ou
INSg
This Power of Attorney expires
January 31, 2030
,
"
D
te Ne *etsay ce .
Please direct bond verifications to surety@intactinsurance.com
Kara L.B. Barrow, Secretary
intact | Sie solutions INS VOANEE
Atlantic Specialty Insurance Company Period Ended 12/31/2024 Dollars displayed in thousands Liabilites and Surplus
Admitted Assets
Liabilities
Bonds
$ 2,684,094
Preferred Stocks
-
987,702
Common Stocks
Mortgage Loans
$ 1,264,802
Loss Reserves
423,323
Loss Adjustment Expense Resenes Tota! Loss LAE Reserves
&
4,688, 125
Uneamed Premium Resene
811,551
Total Reinsurance Liabilities
64,571 75,922
:
Real Estate
-
Contract Loans
-
Commissions, Othar Expenses, and Taxes due
Derivatives Cash, Cash Equivalents & Short Term Investments
383,175
Other Investments
36,178
Derivatives
Payable to Parent, Subs or Affiliates
4,301,149
All Other Liabilities
Premiums and Considerations Due
350,792
Total Liabilities
Reinsurance Recoverable
40,063
Total Cash & Investments
Receivable from Parent, Subsidiary or Affiliates All Other Admitted Assets
11,764
Capital and Surpius
______.94,008
Common Capital Stock
.
1,121,125
__
3,761,294
9,001
Preferred Capital Stock Total Admitted Assets
4,817,776
-
Surplus Notes Unassigned Surplus
476,697 570,784
Other including Gross Contributed
Capital & Surplus
1,056, 482
Total Liabilities and C&S
4,817,776
State of Minnesota
County of Hennepin I, Kara Barrow, Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31* day of December, 2024, according to the best of my information,
knowledge and belief. |
__
Secretary
Subscribed and sworn to, before me, a Notary Public of the State of Minnesota on this 10th day of March, 2025.
KERRI RIECHERS NOTARY PUBLIC MINNESOTA y
My Commission Expires Jan. 31, 2030
Notaryry Public
Exhibit F
Host Community Agreement Proposal
An evaluation of the proposed solar project was completed by the Town Assessor throughout the Fall of 2025, finalizing the value of full project taxes over a 15-year period. The proposed Host Community Agreement (HCA) would frontload the value of payments, allowing the Town to receive 50% of the income in the first three years of the project’s operation.
Tax Dollars to Town with Solar project** Annual HCA Year Payment 1 $19,919.74 2 $19,919.74 3 $19,919.74 4 $7,967.90 5 $7,967.90 6 $7,967.90 7 $3,983.94 8 $3,983.94 9 $3,983.94 10 $3,983.94 11 $3,983.94 12 $3,983.94 13 $3,983.94 14 $3,983.94 15 $3,983.94 Total $119,518.40
Tax Dollars to Town without Solar project* Anticipated Year Land Tax 1 $1,000.00 2 $1,020.00 3 $1,040.40 4 $1,061.21 5 $1,082.43 6 $1,104.08 7 $1,126.16 8 $1,148.69 9 $1,171.66 10 $1,195.09 11 $1,218.99 12 $1,243.37 13 $1,268.24 14 $1,293.61 15 $1,319.48 Total $17,293.42
*Numbers came from Town of Webster HCA proposal sent to Montante Solar on 12/3/2025 ** Annual HCA Payment represents a reduced project size (4.0MW-AC vs. the originally proposed 5.0MW-AC)
Exhibit G
HOST COMMUNITY AGREEMENT between Town of Webster And Webster Solar Gardens LLC Dated as of _________, 20261
RELATING TO THE PREMISES LOCATED AT 750 PHILLIPS ROAD, WEBSTER, MONROE COUNTY, NEW YORK 14580.
1
Date will match PILOT
HOST COMMUNITY AGREEMENT FOR SOLAR ENERGY SYSTEM THIS AGREEMENT FOR A HOST COMMUNITY AGREEMENT (the “Agreement"), is made and entered into as of the date written on the cover page, above, by and between Webster Solar Gardens LLC ("Developer"), a New York State limited liability company, and the Town of Webster, New York, (the "Town"), a municipal corporation duly established. Developer and the Town are collectively referred to in this Agreement as the "Parties" and are individually referred to as a "Party." WHEREAS, Developer plans to build and operate a "solar energy system" as defined in New York Real Property Tax Law (“RPTL”) Section 487 (1)(b)(herein the "Project") with an expected generation capacity (“Capacity”') of approximately 4.0 megawatts alternating current (“MW”) on a parcel of land located within the Town of Webster located at 750 Phillips Rd. Webster, New York 14580 and identified as SBL No. 065.02-1-40.11 as described in Exhibit A (herein the “Property”); and; WHEREAS, Developer intends to apply or has applied to the County of Monroe Industrial Development Agency (the “Agency”) for financial assistance including real property tax, sales and use tax and mortgage recording tax exemption (“Financial Assistance”) for the Project. The Town agrees to cooperate with Developer’s application for Financial Assistance and entry into a PILOT agreement with the Agency (the “PILOT Agreement”) that calls for annual PILOT payments over a term of fifteen (15) payment years in the amount of $5,000 per MW of installed capacity for the Project, increased by two percent (2%) annually during the term of the PILOT Agreement. WHEREAS, in order to secure the benefits of the Project for the Town and its residents and memorialize Developer’s commitments to avoid or otherwise mitigate certain potential impacts from the Project, the Parties believe that their mutual best interests will be served by the execution of this Agreement. NOW THEREFORE, in exchange for the mutual commitments set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Host Community Payments. The Developer or its assignees commits to make payments as donations (“Host Fee”) to the Town that will support the public health mission of the Town as it relates to the Project, during the term of the Agreement, as follows. a. Purpose. The payments made under this agreement shall be used to benefit the public. b. Payment. For the purposes stated herein, the Developer will provide annual Host Fee payments for fifteen (15) years per the Host Community Payment Schedule, attached hereto as Exhibit B, based on a 4.0 MW of Capacity, Alternating Current (AC). Such 15year term shall commence on the Commercial Operation Date. “Commercial Operation Date” shall mean the date specified by Developer in a written notice addressed and delivered to the Town stating that the Project has satisfied utility testing requirements and
will deliver and sell electricity to the New York State Electric Grid. c. Late payment. Any Host Fee not paid as of the date due shall be deemed late without any requirement of notice from the Town. Late fees shall be assessed at a rate of two percent (2%) for the first month or a portion of a month due, and one percent (1%) for each subsequent month or a portion of a month on the original amount outstanding, until the Host Fee is paid. 2. Change in Capacity at or after Mechanical Completion: Adjustments to Payments. To the extent that the Capacity of the Project is more or less than the four (4) MW, whether on, or due to a change any time after, the date when the Project is mechanically complete and Developer has commenced generation of electricity, the payments will be increased or decreased on a pro rata basis. 3. Payment Collection. Payments for the Town shall be made payable to the Town of Webster and mailed to the Town Hall, Webster, NY 14580 and are due no later than the anniversary of the Commercial Operation Date of each year. 4. Term. The term (the "Term") of this Agreement shall commence as of the date the first payment is due pursuant to Section 1. For the avoidance of doubt, in the event that no solar energy system is successfully installed upon the Property, then the Agreement shall be void. 5.
Assignments; Binding Effect. a. Assignment. Developer and any assignee shall at all times have the right to sell, convey, lease, assign, sublet, grant, encumber, pledge, hypothecate, mortgage or otherwise transfer the whole or any portion or portions of its interests in and to this Lease, the Improvements without Town’s consent (any such sale, assignment, or other transfer, hereinafter a “Transfer” and the interests conveyed by such Transfer, hereinafter the “Transferred Interests”). Following such Transfer, the term “Developer” shall be deemed to include each Assignee then holding any Transferred Interest and Town shall recognize the Assignee as Developer’s legal successor with respect to such Transferred Interest. Furthermore, upon a Transfer, (i) Assignee shall have all of the rights, benefits, and obligations of Developer under and pursuant to this Agreement with respect to such Transferred Interest; and (ii) Developer shall be relieved of all of its duties and obligations under this Agreement relating to the Transferred Interests accruing after the effective date of such Transfer. b. Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, the Town, the Developer and their respective successors and assigns. The provisions of this Agreement are intended to be for the benefit of the Town.
6. Additional Documentation and Actions. Subject to applicable laws and regulations, each Party will, from time to time hereafter, execute and deliver or cause to be executed and delivered, such reasonable additional instruments and documents as the other Party reasonably requests for the purpose of implementing or effectuating the provisions of this Agreement. Developer shall pay
all reasonable attorneys' and consulting fees incurred by the Town to review and negotiate any such instruments or documents. 7. Notices. All notices, consents, requests, or other communications provided for or permitted to be given hereunder by a Party must be in writing and will be deemed to have been properly given or served upon the personal delivery thereof, via courier delivery service, by hand, or by certified mail, return receipt requested. Such notices shall be addressed or delivered to the Parties at their respective addresses shown below. If to Developer: Webster Solar Gardens, LLC 2760 Kenmore Ave., Buffalo NY 14150 Attn: Daniel Montante With a copy to: Lippes Matthias Attn: Blaine Schwartz 50 Fountain Plaza, Suite 1700 Buffalo, NY 14202-2216 Attn: Legal Department If to Town: Town of Webster 1000 Ridge Rd, Webster, NY 14580 Attn: Town Supervisor With a copy to:
Any such addresses for the giving of notices may be changed by either Party by giving written notice as provided above to the other Party. Notice given by counsel to a Party shall be effective as notice from such Party. 8. Applicable Law. This Agreement will be made and interpreted in accordance with the laws of the State of New York. Developer and the Town each consent to the jurisdiction of the New York courts in and for the County in which the Project is located or other applicable agencies of the State of New York regarding any and all matters, including interpretation or enforcement of this Agreement or any of its provisions. Accordingly, any litigation arising under this Agreement shall be brought solely in such courts. 9.
Covenants/Warranties of Developer.
a. During the term of this Agreement, Developer will not voluntarily do any of the following: i.
seek to invalidate this Agreement;
ii. fail to pay the Town all amounts due hereunder when due in accordance with the terms of this Agreement; or iii. seek, for any reason, an abatement or reduction of any of the amounts due in accordance with the terms of this Agreement, except that nothing in this Agreement shall limit the right of the Developer to challenge the assessment value of the Project pursuant to the RPTL or the assessment of any taxes not governed by this Agreement. b. Developer represents and warrants: i. It is a corporation or other business entity duly organized, validly existing and in good standing under the laws of the state in which it was formed, and if a foreign corporation or entity, is, to the full extent required by law or regulation, registered with the New York Secretary of State or other agency, and has full power and authority to carry on its business as it is now being conducted. ii. This Agreement constitutes the legal, valid and binding obligation of Developer enforceable in accordance with its terms, except to the extent that the enforceability may be limited by applicable bankruptcy, insolvency or other laws affecting enforcement of creditors' rights generally or by general equitable principles. iii. It has taken all necessary action to authorize and approve the execution and delivery of this Agreement. iv. The person executing this Agreement on behalf of Developer has the full power and authority to bind it to each and every provision of this Agreement. v. All necessary governmental guidelines have been complied with, and all filings have been completed so as to permit the exemption herein represented under section 487 of the RPTL, and no governmental objections have been received 10. Covenants/Warranties of the Town. The Town has full power and authority to enter into this Agreement and to fully perform all of its duties and obligations hereunder. The Town Board has duly authorized the execution and delivery of this Agreement and the Town’s performance of all of its duties and obligations contained herein, and this Agreement constitutes a valid and legally binding obligation of the Town, enforceable in accordance with its terms. A copy of the Town Board’s resolution approving this Agreement and authorizing its execution by the Supervisor of the Town is attached hereto as Exhibit C. 11. Termination Rights of Town. Notwithstanding anything to the contrary in this Agreement, the Town may terminate this Agreement on thirty (30) days written notice to Developer if:
a. Developer fails to make timely payments required under this Agreement, unless such payment is received by the Town within the 30-day notice period with interest as stated in this Agreement. b. Developer has filed, or has had filed against it, a petition in Bankruptcy, or is otherwise insolvent. 12. Termination Rights of Developer. The Developer may terminate this Agreement on 30 days written notice to the Town if: a. it does not construct the Project; and/or b. if the Developer decommissions the Project, in which case the final Host Fee Payment shall be due on the due date following the last Taxable Status Date (March 1) on which the system had not been decommissioned; and/or c. The PILOT Agreement is terminated. 13.
Remedies; Waiver and Notice. a. No Remedy Exclusive. No remedy herein conferred upon or reserved to Party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. b. Delay. No delay or omission in exercising any right or power accruing upon the occurrence of any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. c. No Waiver. In the event any provision contained in this Agreement should be breached by any party and thereafter duly waived by the other party so empowered to act, such waiver shall be limited to the particular breach so waived and shall not be deemed to be a waiver of any other breach hereunder. No waiver, amendment, release or modification of this Agreement shall be established by conduct, custom or course of dealing.
14. Entire Agreement. The Parties agree that this is the entire, fully integrated Agreement between them with respect to payments in lieu of taxes for the Project, and that there are no third party beneficiaries to this Agreement. 15. Amendments. This Agreement may not be effectively amended, changed, modified, altered or terminated except by an instrument in writing executed by the parties hereto. 16. Severability. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such article, section, subdivision,
paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Agreement shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. 17. Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 18. Miscellaneous. The parties do not intend to create and noting contained in the Agreement shall be construed as creating, a joint venture arrangement, or partnership between Town and Developer. Nothing in the Agreement expressed or implied, is intended or shall be construed to confer upon or give to any person, firm, corporation, or legal entity, other than the parties, any rights, remedies, or other benefits under or by reason of the Agreement. This space intentionally left blank. Signature page follows.
Executed by the undersigned as of the day and year first written above, each of whom represents that it is fully and duly authorized to act on behalf of and bind its principals. WEBSTER SOLAR GARDENS , LLC
___________________ Name: ___________________ Title: ___________________
TOWN OF WEBSTER
___________________ Name: ___________________ Title: ___________________
EXHBIT A The Property
EXHIBIT B Host Community Payments Schedule Year
Annual HCA Payment
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total
$19,919.74 $19,919.74 $19,919.74 $7,967.90 $7,967.90 $7,967.90 $3,983.94 $3,983.94 $3,983.94 $3,983.94 $3,983.94 $3,983.94 $3,983.94 $3,983.94 $3,983.94 $119,518.40
EXHIBIT C Town Resolution
Exhibit H
Webster Solar Gardens LLC
Table of Contents
1. Introduction 2. Project Information 3. General Decommissioning & Notification Process 3.1 Equipment Removal 3.2 Environmental Effects 3.3 Site Restoration 3.4 Managing Materials & Waste 4. Costs of Decommissioning 5. Decommissioning Bond Abandonment 6. Existing Conditions, Photo Documentation Exhibit A: Project Site Plan Exhibit B: Decommissioning Bond Exhibit C: Equipment Warranties
1
2 3 3 4 4 5-6 6 7 7 8 8-10 Exhibit A Exhibit B Exhibit C
1. Introduction
Webster Solar Garden LLC proposes to build a photovoltaic (PV) solar facility in the Town of Webster under New York State’s distributed generation remote net crediting program. The Solar Facility is planned to have a nameplate capacity of approximately 4.0 megawatts (MW) alternating current (AC) and be built on approximately 19 acres, (of a larger 128-acre parcel), of private land owned by Xerox Corporation (the “Site”). This Decommissioning Plan (“Plan”) provides an overview of activities that will occur during the decommissioning phase of a Solar Facility, including activities related to the restoration of land, the management of materials and waste, projected costs, and a decommissioning fund agreement overview. The Solar Facility will have a maturity date of twenty-five (25) years, with the possibility of two five (5) year extensions, (“Project Maturity Date”). The Solar Facility has an estimated useful lifetime of 35 years. This Plan assumes that a Solar Facility will be dismantled and the Site restored to a state similar to its preconstruction condition at the Project Maturity Date. The Plan also covers the case of the abandonment of a Solar Facility, for any reason, prior to the Project Maturity Date. Decommissioning of the Solar Facility will include the disconnection of the Solar Facility from the electrical grid and the removal of all Solar Facility components, including: • Photovoltaic (PV) modules, panel racking and supports • Inverter units, medium voltage equipment, and other electrical equipment related to the Project • Conduit, wiring cables, communications equipment, Project-owned utility poles • Concrete foundations This decommissioning plan is based on current best management practices and procedures and may be subject to revision based on new standards and emergent best management practices at the time of decommissioning. Permits will be obtained as required and notification will be given to stakeholders prior to decommissioning.
2
2. Project Information: Webster Solar Garden LLC Address: Tax ID: Project Size: Project Site Plan: Landowner: Lease: Initial Project Maturity Date:
750 Phillips Road, Webster NY 064.02-1-40.11 5.26 MW-dc/ 4.0 MW-ac Attached- Exhibit A Xerox 25-Year Lease, two optional 5-Year extensions 2051(25-Years after initial operation)
Contact: Address: Telephone: Email:
Webster Solar Garden LLC Daniel Montante, Owner 2760 Kenmore Ave., Buffalo NY 14150 716-876-8899 X121 dmontante@montante.com
Legal inquiries should be directed to: Blaine S. Schwartz, Partner Lippes Matthias 50 Fountain Plaza, Suite 1700 Buffalo NY 14202-2216 Phone: 716-853-5100 x1374 Email: bschwartz@lippes.com
3. General Decommissioning and Notification Process Prior to decommissioning, a Change in Use Notification will need to be filed with the New York State Department of Environmental Conservation (NYSDEC), as this site has ongoing monitoring and oversight by the Department. Any considerations, means and/or methods recommended by NYSDEC at the time of decommissioning will be incorporated into the Decommissioning Plan. After the Change in Use Notification is reviewed and accepted by NYSDEC, all necessary permits for the dismantling of the System will be procured including building permits through the Town of Webster. At the time of decommissioning the installed components will be removed, reused, disposed of, and recycled, where possible. The Facility Site will be restored to a state similar to its pre-construction condition. All removal of equipment will be done in accordance with any applicable regulations and manufacturer recommendations.
3
3.1 Equipment Dismantling and Removal- Order of Operations: Generally, the decommissioning of a Solar Facility proceeds in the reverse order of the installation: 1. The Solar Facility shall be disconnected from the utility power grid. 2. PV modules shall be disconnected, collected, and disposed of at an approved solar module recycler or reused, where possible. 3. All aboveground and underground electrical interconnection and distribution cables shall be removed and disposed of off-site by an approved facility. 4. Galvanized steel PV module support and racking system support posts shall be removed and recycled by an approved facility. 5. Electrical and electronic devices, including transformers and inverters shall be removed and disposed of off-site by an approved facility. 6. Concrete foundations shall be broken up, removed and disposed of off-site. 7. Fencing is a requirement of the NYSDEC Site Closure Plan for this landfill cap located on this parcel. Array fencing will either remain intact, or be dismantled and disposed of. Should it be dismantled, in its place new fencing shall be installed directly around the capped landfill and per required by NYSDEC. 3.2 Environmental Effects Decommissioning activities, particularly the removal of project components could result in environmental effects like those of the construction phase. For example, there is the potential for disturbance (erosion/sedimentation/fuel spills) to adjacent watercourses or significant natural features. Mitigation measures like those employed during the construction phase of the Solar Facility will be implemented, with a SWPPP or Sediment and Erosion Control Plan submitted to the Town Engineer for review and approval. Such mitigation measures will remain in place until the site is stabilized to ensure any potential erosion, silt/sediment runoff, or other impacts to the Facility Site, or the significant natural resources located adjacent. Due to the environmental legacy of this site, any exposed soils during System Decommissioning will be tested by an environmental monitor. Soils will remain on site, where possible, or spoils will be appropriately recorded, removed, and disposed of. Road traffic will temporarily increase due to the movement of decommissioning crews and equipment along with an increase in particle matter (dust) in adjacent areas during the decommissioning phase. Decommissioning activities may lead to temporary elevated noise levels from heavy machinery and an increase in trips to 4
the project location. Work will be undertaken during daylight hours and conform to any applicable noise and work restrictions. 3.3 Site Restoration Through the decommissioning phase, the Facility Site will be restored to a state similar to its pre-construction condition. All project components (see Table 1) will be removed. Rehabilitated lands may be seeded with a low-growing species such as clover to help stabilize soil conditions, enhance soil structure, and increase soil fertility. Table 1: Management of Excess Materials & Waste Material / W
Means of Managing Excess Materials and Waste
PV panels
If there is no possibility for reuse, the panels will be transported off-site to be sent back to the manufacturer, recycled, reused, or safely disposed offsite in accordance with current standards and best practices. These materials will be recycled off-site at an approved facility; most metals have salvage value The small amount of oil from the transformers will be removed on-site to reduce the potential for spills and will be transported to an approved facility for disposal. The substation transformer and step-up transformers in the inverter units will be transported off-site to be sent back to the manufacturer, recycled, reused, or safely disposed off-site in accordance with current standards and best practices. The metal components of the inverters, fans and fixtures will be disposed of or recycled, where possible. Remaining components will be disposed of in accordance with the standards of the day. The material will be removed from the project location by truck to a location where the aggregate can be processed for salvage. It will then be reused as fill for construction. It is not expected that any such material will be contaminated, however all gravel sampling will occur prior to removal to ensure. Should contamination be found, gravel will be removed and disposed of offsite at an approved facility. Concrete foundations will be broken down and transported by certified and licensed contractors to a recycling or approved disposal facility. It will then be reused as fill for construction.
Metal array mounting racks and steel supports Transformers and substation components
Inverters, fans, fixtures
Gravel (or other granular)
Concrete inverter/transformer Foundations
5
Cables and wiring
Fencing
Debris
The electrical line that connects the substation to the point of common coupling will be disconnected and disposed of at an approved facility. Support poles, if made of untreated wood, will be chipped for reuse. Associated electronic equipment (isolation switches, fuses, metering) will be transported off-site to be sent back to the manufacturer, recycled, reused, or safely disposed off-site in accordance with current standards and best practices. Fencing is required to stay in place as the site is an area of ongoing environmental monitoring, per NYSDEC. Should fencing be removed, new fencing surrounding monitored area(s) would need to be reinstalled. Any remaining debris on the site will be separated into recyclables/residual wastes and will be transported from the site and managed as appropriate.
3.4 Managing Materials and Waste During the decommissioning phase a variety of excess materials and waste (listed in Table 1) will be generated. Most of the materials used in a Solar Facility are reusable or recyclable. Any remaining materials will be removed and disposed of off-site at an appropriate facility. Contractor will prioritizing local manufacturers, subcontractors, waste firms, and recycling facilities to segregate material to be disposed of, recycled, or reused. Webster Solar Garden LLC will be responsible for the logistics of collecting and recycling the PV modules and minimizing the potential for modules to be discarded in municipal waste stream. Due to a recent increase in the use of solar energy technology, many panels from a variety of projects will be nearing the end of their lifespan. It is anticipated there will be more recycling options available for solar modules at that time. Disposing of the solar modules will be done using best management practices at the time of decommissioning.
6
4. Costs of Decommissioning The costs below are the current estimated costs to decommission the Webster Solar Garden LLC Solar Facility. The salvage values of valuable recyclable materials (aluminum, steel, copper, etc) are not factored into the below costs. The scrap value will be determined on current market rates at the time of salvage. Item of Work
Labor
Equipment
Transport
Total
Panel Removal
$
20,800
$
4,000
$
24,000
$
48,000
DC Wire Removal
$
8,000
$
2,000
$
2,000
$
11,600
Racking Removal
$
27,200
$
6,000
$
9,600
$
41,600
Foundation Removal
$
46,000
$
18,000
$
30,000
$
94,080
AC Equipment Removal
$
6,400
$
10,000
$
4,800
$
19,200
AC Wire Removal
$
4,000
$
1,000
$
800
$
4,800
Pole & Pole Top Removal
$
10,000
$
4,000
$
2,000
$
16,000
Equipment Pad Removal
$
2,000
$
6,000
$
2,000
$
10,000
Landscape Restoration
$
18,000
$
5,000
$
0
$
23,000
Total
$
141,680
$
51,400
$
75,200
$
268,280
+2 % Annual Escalation over 35 years
$
536,069
+ 115%: Bond Value
$
616,479
*Fence stays intact unless otherwise directed by NYSDEC
1 2 3 4 5
Annual Bond Value (2% Esc. +115% Adder) $ 308,522 $ 314,692 $ 320,986 $ 327,406 $ 333,954
6 7 8 9 10 11
$ $ $ $ $ $
Year
7
340,633 347,446 354,395 361,483 368,712 376,087
12 13 14
$ $ $
383,608 391,280 399,106
25 26 27
$ $ $
496,238 506,163 516,286
15 16 17 18 19 20
$ $ $ $ $ $
407,088 415,230 423,535 432,005 440,645 449,458
28 29 30 31 32 33
$ $ $ $ $ $
526,612 537,144 547,887 558,845 570,022 581,422
21 22 23 24
$ $ $ $
458,447 467,616 476,969 486,508
34 35
$ $
593,051 604,912
5. Decommissioning Bond A decommissioning bond will guarantee that monies are available to perform the facility decommissioning. The bond will be held by [insurance company] and will list the both Xerox Corporation and Town of Webster as a beneficiary on the decommissioning bond. Prior to project construction, a decommissioning bond shall be posted in an amount equal to 115% of the annually adjusted estimated decommissioning cost. An updated bond amount shall be maintained to reflect annual cost adjustments. A copy of the Decommissioning Bond will be provided to the Town of Webster to keep on file. Terms of the Decommissioning Bond: • Shall be irrevocable and shall expressly state that it may not be terminated or cancelled • Must be held in place by the surety during construction and throughout the entire operation of the System • Shall increase by 2% from the previous year’s value to account for inflation • Shall be reassessed every 10 years by a third-party licensed engineer to confirm decommissioning estimates are still accurate o Any increase in value will require an updated Decommissioning Bond • Value of the Decommissioning Bond will be 115% of the estimated value; Estimate to be confirmed by a third-party licensed engineer 5.1 Abandonment Before Maturity If the Solar Facility is not operational for longer than a 12-month consecutive operations period, the Facility will be considered to have been Abandoned. In case of Abandonment of the Solar Facility before its Project Maturity Date, the same decommissioning procedures as for decommissioning after ceasing operation will be undertaken and the same decommissioning and restoration program will be honored. The Town will have the ability to draw on the Project’s Decommissioning Bond and pay to have the Project Decommissioned.
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6. Existing Conditions, Drone Photos
Looking south from the north of the site
Looking east to west of the site
9
Looking east to west on the project site
Looking south to north of the project site.
10
Project Site Plan
To be completed after review/approval by Town of Webster 11
Decommissioning Bond
12
13
14
Exhibit I
DECOMMISSIONING AGREEMENT This DECOMMISSIONING AGREEMENT (the “Agreement”) dated as of [_____________, 2026] (the “Effective Date”) is made by and among the Town of Webster (the “Town”) and Webster Solar Gardens LLC (the “Owner”, together with the Town, the “Parties”). WHEREAS, Owner intends to build a solar energy generation project (the “Project”) on a leased portion of property located at750 Phillips Road, Webster NY 14580 pursuant to the Industrial Use Permit and Site Plan Approval issued by the Town on ________________ (the “Industrial Use Permit”); WHEREAS, the Parties wish to enter into this Agreement to set forth terms and conditions of having funds available to pay for the costs of any decommissioning of the Project; NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. This Agreement is in full compliance with and fully satisfies Owner’s obligations as of the Effective Date under the Industrial Use Permit. 2. Prior to the commencement of operation of the Project, Owner agrees to post a Decommissioning Bond in the amount of Three Hundred Eight Thousand Five Hundred Twenty-Two Dollars ($308,522), representing the initial decommissioning cost estimate set forth in Exhibit A (the “Decommissioning Estimate”), with the Town of Webster (the “Decommissioning Bond”), for the sole purposes of decommissioning the Project in accordance with the Decommissioning Plan referenced in the Industrial Use Permit. The Decommissioning Bond shall be issued by a NYlicensed surety with a credit rating of A or higher. The Decommissioning Bond is irrevocable without Town consent, and guarantee full performance of decommissioning obligations. 3. At least thirty (30) days prior to the end of each year after the Project’s Commercial Operation Date (COD), the Owner shall provide the Town with an updated Decommissioning Bond, as in alignment with the decommissioning cost estimate set forth in Decommissioning Estimate in Exhibit A. 4. Use of Decommissioning Bond; Owner Responsibility. The Decommissioning Bond shall serve as financial assurance guaranteeing the full and faithful performance by Owner of its obligations to decommission the Project in accordance with this Agreement and the applicable Decommissioning Plan. In the event that (a) Owner defaults in the performance of its decommissioning obligations under this Agreement; or (b) the Project is deemed abandoned, defined as a cessation of operations for a period of more than twelve (12) consecutive months (other than due to force majeure or permitted maintenance), the Town shall have the right, but not the obligation, to draw upon the Decommissioning Bond and utilize the proceeds to complete the decommissioning of the Project. The existence of the Decommissioning Bond shall not limit, waive, or otherwise relieve Owner of its obligations under this Agreement. Owner shall remain fully liable for any costs of decommissioning in excess of the amount of the Decommissioning Bond.
5. Use of Bond Proceeds. All proceeds obtained by the Town from the Decommissioning Bond shall be used solely for the purpose of completing the decommissioning of the Project in accordance with this Agreement and the Decommissioning Plan. Under no circumstances shall such proceeds be used for any other purpose. 6. The Parties agree that the decommissioning process of the Project may commence (and the funds to pay for the cost of any such decommissioning from the Decommissioning Bond may be used) only after the occurrence of: (a) Owner provides written notice to the Town of its intent to retire or decommission the Project (“Owner Decommissioning Notice”) or (b) the Project has been abandoned and/or ceases to be operational for more than twelve (12) consecutive months. The Town shall provide Owner thirty (30) days written notice (“Town Decommissioning Notice”) prior to the commencement of any decommissioning of the Project by the Town. In the event the Owner fails to decommission the Project within one hundred and eighty (180) days after providing Owner Decommissioning Notice or fails to respond with a reasonable explanation for abandonment and/or cessation of operation of the Project within 30 days of the Town Decommissioning Notice, the Town may commence the decommissioning of the Project. For the purposes of this Agreement, “cease to be operational” shall mean no generation of electricity for twelve (12) consecutive months, excluding periods of maintenance, repair, force majeure, utility curtailment, interconnection outages, or other events outside Owner’s control.. 7. Release of Decommissioning Bond. Upon completion of decommissioning of the Project in accordance with the Decommissioning Plan, as confirmed in writing by the Town, such confirmation not to be unreasonably withheld, conditioned, or delayed, the Decommissioning Bond shall be released, terminated, or otherwise discharged, and Owner shall have no further obligations with respect to maintaining such bond. 8. Exclusive Financial Assurance Mechanism. The Parties agree that the Decommissioning Bond shall constitute the sole and exclusive financial assurance mechanism required under this Agreement. Any provisions permitting or referencing a decommissioning account or other form of financial security are hereby deleted and shall have no further force or effect. 9. The Agreement may not be amended or modified except by written instrument signed and delivered by the Parties. This Agreement is binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, successors and assigns. Owner may assign this Agreement to any subsidiary, affiliate, or purchaser or transferee of the Project. The Parties agree to execute and deliver any additional document or take any further action as reasonably requested by the other party to effectuate the purpose of this Agreement. 10. All notices, demands, requests, consents, or other communications provided for or permitted to be given pursuant to this Agreement shall be in writing and shall be mailed, communicated by electronic mail, or delivered to the Parties at the respective addresses set forth below:
a. Notices to the Town: Attn: Town Supervisor 1000 Ridge Road, Webster NY 14580 supervisor@websterny.gov 585-872-7068 b. Notices to the Owner: Webster Solar Gardens LLC 2760 Kenmore Ave., Buffalo NY 14150 dmontante@montante.com 716-876-8899 All such notices, demands, requests, consents, or other communications shall be deemed to have been duly given when transmitted by electronic copy or personally delivered or, in the case of a mailed notice, upon receipt, in each case addressed as aforesaid. Each of the Parties may from time to time change its address for notices by providing notice of such change to the other Party. 11. The Parties agree that this Agreement shall be construed and enforced in accordance with and governed by the laws of New York. 12. The Parties shall negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement (a “Dispute”) within thirty (30) business days after the date that a Party gives written notice of such Dispute to the other Party. If, after such negotiation, the Dispute remains unresolved, either Party may require that a non-binding mediation take place. In such mediation, representatives of the Parties with authority to resolve the dispute shall meet for at least three (3) hours with a mediator whom they choose together. If the Parties are unable to agree on a mediator, then either Party is hereby empowered to request the American Arbitration Association to appoint a mediator. The mediator’s fee and expenses shall be paid onehalf by each Party. Any Dispute that is not settled to the mutual satisfaction of the Parties pursuant to negotiation and/or mediation shall be settled by binding arbitration between the Parties, in accordance with the Construction Arbitration Rules of the American Arbitration Association in effect on the date that a Party gives notice of its demand for arbitration. 13. None of the provisions of this Agreement shall be construed as existing for the benefit of any person or entity other than the Parties. 14. This Agreement may be executed through separate signature pages or in any number of counterparts and each of such counterparts shall, for all purposes, constitute one agreement binding on all parties. [Signature Page Follows]
IN WITNESS WHEREOF, the Parties have caused their names to be signed hereto by their respective representative thereunto duly authorized as of the date first above written.
______________________________ Name: ___________________________ Title: ________________________
WEBSTER SOLAR GARDENS LLC By:
_______
______________ Title: ________________________
Exhibit A Decommissioning Estimate
Exhibit J
WORK IN PROGRESS - V.1
LEGEND SOLAR PROJECT STUDY AREA PARCEL BOUNDARY
H & A OF NEW YORK ENGINEERING AND GEOLOGY, LLP 260 E. Main Street, Suite 2100 Rochester, NY 14604 Tel: 585.359.9000 www.haleyaldrich.com
DELINEATED WETLAND EXISTING DELINEATED STREAM B-21A
EXISTING MONITORING WELL
PREPARED FOR:
PROPOSED PLANTINGS
XEROX CORPORATION, LLC 800 PHILIPS ROAD, WEBSTER, NEW YORK 14580
NOTES PROPOSED PLANTING (TYP). SEE TREE AND SHRUB PLANTING DETAILS.
1. PROPOSED PRIVACY FENCE AND PLANTINGS ARE TO BE INSTALLED AT THE DIRECTION OF XEROX BEFORE CONSTRUCTION OF THE MONTANTE XEROX SOLAR DEVELOPMENT PROJECT BEGINS. 2. PLANTINGS SHALL BE TARGETED TO BE COMPLETED IN THE SPRING FOLLOWING THE START OF THE GROWING SEASON.
RW-3(B-17)
3. PLANTING SPECIES ARE TO BE SELECTED BY THE CONTRACTOR AND CAN BE A MIX OF THE FOLLOWING, OR LIKE ALTERNATIVES, AS AVAILABLE:
NORWAY SPRUCE (PICEA ABIES)
BACKFILL WITH TOPSOIL AND PEAT MOSS, 3:1 RATIO. BACKFILL IN 6" LIFTS
4. MINIMUM TREE HEIGHTS AT TIME OF PLANTING ARE TO BE 10 FEET.
3" MULCH
B-17A
6" MIN.
NOW OR FORMALLY REMAINING LAND LABELLA TERRA 5B 360/68-70 151.67 ACRES
6" FOR PLANTS UP TO 4' HEIGHT MIN. 8" FOR PLANTS OVER 4' HEIGHT MIN.
EQUAL LOOSEN SUBSOIL
TO TWICE BALL DIA.
5. THE MANAGEMENT OF EXCAVATED SOIL WILL BE DETERMINED BY THE PROCESSES IDENTIFIED IN XEROX'S SOIL MANAGEMENT PLAN, UNDER ITS SITE MANAGEMENT PLAN AND AS PART OF THE PART 373 RCRA PERMIT.
SHRUB PLANTING DETAIL
OHE
2 GUYS OF 10 GAUGE TWISTED WIRE 180° APART - AROUND TREE
SELECTIVELY PRUNE 25% OF CROWN ON SITE AS NEEDED TO REMOVE DEAD, INJURED, OR DISPROPORTIONAL BRANCHES AND PROMOTE ROOT GROWTH AND PROPER CROWN SHAPE, SPRAY WITH ANTIDESICCANT ACCORDING TO MANUFACTURER'S INSTRUCTIONS.
IF FOLIAGE IS PRESENT. USE DOUBLE STRAND OF 10 GAUGE GALVANIZED TWISTED WIRE 2" SQUARE - 9' LONG CEDAR
MIN. EXPOSED)- 2 PER TREE
OHE
4" SOIL SAUCER
WRAP DECIDUOUS TREES WITH "KRINKLE- KRAFT" TREE WRAP FOLD BURLAP FROM TOP OF BALL 3" MULCH (MIN.)
OHE
24"x2"x2" STAKE, DRIVE FLUSH WITH FINISHED GRADE BACKFILL WITH TOPSOIL AND PEAT MOSS 3:1 RATIO BY VOLUME IN 9" LAYERS. WATER AND FERTILIZE (AS SPECIFIED) EACH LAYER UNTIL SETTLED
OHE
9" MIN.
SCARIFY SIDES OF PIT AND LOOSEN SUBSOIL
B-20A
0205399 SHOWN SEPTEMBER 2025 SRG, JC SRG, JC SRG, ND ND
STAKE WITH NOTCHED END (6'
TURNBUCKLE
B-20
OHE OHE
NOW OR FORMALLY XEROX-ALDER SUB 365/34 165.72 ACRES
EVERGREEN TREE GROUND LINE TO BE THE SAME AS EXISTING AT THE OW-320N NURSERY. PRUNE ONLY TO REMOVE DAMAGED OR BROKEN BRANCHES
Scale: Date: Drawn By: Designed By: Checked By: Approved By: Stamp:
NOT TO SCALE
OHE
B-24
B STAKE TO EXTEND 18" INTO UNDISTURBED GROUND RECOMPACT BACKFILL UNDER ROOT BALL
H&A 10/17/25 H&A 09/26/25 By Date
OHE
EQUALS TWICE BALL DIAMETER
FOR REVIEW
A FOR REVIEW Rev. Description
1. STAKE ALL EVERGREEN TREES UNDER 12' 2. TREE SHALL BEAR SAME RELATION TO FINISHED GRADE AS IT BORE TO PREVIOUS GRADE
139 CARACAS DRIVE WEBSTER, NY
OHE
B-20B
3. NEVER CUT LEADERS
B-21A
TREE PLANTING DETAIL
B-21IR
OHE
NOT TO SCALE
XEROX SCREENING AND PLANTING PLAN
OHE
W-5
W-4
B-21DR
0 OHE
D
OHE
D
SGRUENDLING Printed: 10/17/2025 11:54 AM Sheet: 01 L-100 \\HALEYALDRICH.COM\SHARE\CF\PROJECTS\0205399\GLOBAL\CAD\01 L-100.DWG
THIS IS A COLOR DRAWING. INFORMATION WILL BE LOST IF REPRODUCED IN BLACK AND WHITE.
EASTERN RED CEDAR (JUNIPER VIRGINIANA)
80
160 SCALE IN FEET
240
320
L-100 Sheet:
01 of
01
Exhibit K
APASOLAR.COM
TM
WHERE INNOVATION MEETS AUTOMATION
GEOBALLAST FOUNDATION NO MORE CONCRETE
RAPID SETUP
By utilizing locally sourced quarry rock, simply drop the weight in and you’re done. No more waiting on concrete trucks, renting concrete pumps, or washing out trucks onsite. No more labor hours for setting up temporary concrete molds. No more waiting 24 hours for concrete to cure. The flow and speed of your job is 100% in your control.
The galvanized steel wire box is delivered to the site over 70% pre-assembled. Simply unfold the box, install the spiral wires and connect the anchor tubes. The Geoballast foundation is then fully assembled and can be moved to the proper position in the row and filled with quarry rock. It’s easy to assemble, stage, and stringline.
The Geoballast Foundation was developed after years of installing ballasted solar projects. Concrete, whether pre-cast or pour in place, proved to be an expensive and time-consuming method. Our innovative engineering and R&D teams developed a revolutionary process for ballasted projects. The goal was to remove all concrete and take the idea of a standard gabion basket and engineer it to excel as a ballast solution. Our highly engineered Geoballast box has the fastest installation time available, and is one of the most cost effective products on the market.
In business since 2008, APA offers a versatile line of racking and foundation solutions for projects in even the most challenging environments. With projects nationwide, APA is a trusted racking partner.
20-345 COUNTY ROAD X \\ P.O. BOX 224 \\ RIDGEVILLE CORNERS, OH 43555
419.267.5280 // SALES@APASOLAR.COM
WHY USE A GEOBALLAST FOUNDATION? TELESCOPING POST Both posts have adjustable positions to match site requirements.
APA Drawings can be PE stamped for all 50 States and territories Tilt Angles: 5°-35° Tilt Options Wind Loading: Up to 130mph Snow Loading: Up to 100psf Mounting Orientation: 2-High in Portrait Weight Requirement: 2,250 lbs per basket Foundation Coating: Galvanized with PVC coating for added protection
PRE-ASSEMBLED BASKET The ballast is shipped 70% assembled, which allows for lower labor cost and quick deployment.
SIMPLE SETUP PROCESS Place folded ballast basket on the ground Unfold basket and insert lower tube Install spiral retainers and u-bolt connections Place in desired location and fill with quarry rock
STANDARD QUARRY ROCK Rock can be sourced from local quarries to reduce shipping costs.
TM
419.267.5280 // SALES@APASOLAR.COM
Datasheet
275kW/275kVA, 1500Vdc String Inverters for North America
CPS SCH275KTL-DO/US-800 The 275kW high power CPS three phase string inverters are designed for ground mount applications. The units are high performance, advanced and reliable inverters designed specifically for the North American environment and grid. High efficiencies, wide operating voltages, broad temperature ranges and NEMA Type 4X enclosure enable this inverter platform to operate at high performance across many applications. The SCH275KTL inverters include 12 MPPTs and are available with either 36 fused PV string inputs or 24 unfused PV string inputs. The CPS FlexOM solution enables communication, controls and remote product upgrades.
Key Features ◼
NFPA 70, NEC 2017 compliant
◼
Touch safe DC Fuse holders adds convenience and safety
◼
Protection Functions for enhanced reliability and safety
◼ ◼
CPS FlexOM Gateway enables remote FW upgrades Integrated DC disconnect switch
CHINT POWER SYSTEMS AMERICA 2021/05-MKT NA
◼
12 MPPTs with 36 fused inputs or 24 unfused inputs
◼
Full power capacity up to 42°C
◼
Copper and Aluminum compatible AC connections
◼
Standard 5 year warranty with extensions to 20 years
◼
NEMA Type 4X outdoor rated, tough tested enclosure
Chint Power Systems America 6800 Koll Center Parkway, Suite 235 Pleasanton, CA 94566 Tel: 855-584-7168 Mail: AmericaSales@chintpower.com Web: www.chintpowersystems.com
Technical Data Model Name DC Input
CPS SCH275KTL-DO/US-800 1500V
Max. DC Input Voltage Operating DC Input Voltage Range
500-1500Vdc
Start-up DC Input Voltage / Power
600Vdc / 300W 12
Number of MPP Trackers
880-1300Vdc
MPPT Voltage Range @ PF>0.991 Max. PV Short-Circuit Current
600A, 50A per MPPT
Number of DC Inputs
36 Fused Inputs, 3 per MPPT or 24 Non-Fused Inputs, 2 per MPPT (determined by SKU)
DC Disconnection Type
Load-rated DC switches Type II
DC Surge Protection AC Output Rated AC Output Power @ PF>0.99
275kW
Max. AC Apparent Power
275kVA
Rated Output Voltage
800Vac
Output Voltage Range 2 Grid Connection Type
704-880Vac 3-Phase / PE 198.5A
Max. AC Output Current @800Vac Rated Output Frequency
60Hz
Output Frequency Range 2 Power Factor
57 - 63Hz >0.99 (±0.8 adjustable)
Current THD @ Rated Load
<3%
Max. Fault Current Contribution (1 Cycle RMS)
215.2A
Max. OCPD Rating
250A
AC Surge Protection System and Performance
Type II
Max. Efficiency
99.0%
CEC Efficiency
98.5% 5W
Stand-by / Night Consumption Environment
NEMA Type 4X
Enclosure Protection Degree Cooling Method Operating Temperature Range 3 Operating Humidity Operating Altitude Audible Noise Display and Communication
Variable speed cooling fans -22°F to +140°F / -30°C to +60°C (derating from +107°F / +42°C) 0 to 100% 8202ft / 2500m (no derating) <80dBA @ 1m and 25°C
User Interface and Display
LED indicators, WiFi + APP
Inverter Monitoring
Modbus RS485 / PLC / CAN
Site Level Monitoring
CPS FlexOM (1 per 32 inverters) SunSpec / CPS
Modbus Data Mapping Remote Diagnostics / FW Upgrade Functions Mechanical Dimensions (HxWxD)
Standard / (with FlexOM Gateway) 26.8 x 41.3 x 15.7in (680 x 1050 x 400mm) Approx. 260lbs / 118kg
Weight
Vertical installation
Mounting / Installation Angle AC Termination
Stud Type Terminal (Wire range: 3/0AWG – 600kcmil AL/CU, Lugs not supplied)
DC Termination
36 Fused Input: Screw Clamp Fuse Holder (Wire range: #14 - #6 AWG CU) 24 Non-Fused Input: Screw Clamp Terminal (Wire range: #14 - #8 and #6 - #4 AWG CU)
Fused String Inputs (3 per MPPT) 4 Safety Certifications and Standards
20A fuses provided (Fuse values up to 30A acceptable) UL1741SA-2018, CSA-22.2 NO.107.1-01, IEEE1547-2018, FCC PART15
Selectable Grid Standard
IEEE 1547-2018, CA Rule 21, ISO-NE, HECO Rule 14H
Smart-Grid Features Protection Functions
Volt-RideThru, Freq-RideThru, Ramp-Rate, Specified-PF, Volt-Var, Freq-Watt, Volt-Watt
Reactive Power at Night
Yes
IV Curve Tracing
Yes
Insulation Resistance Monitoring
Yes
Onboard Fault Oscillography
Yes
PV String Current Monitoring
Yes
Residual Current Monitoring
Yes
Input Reverse Polarity Protection
Yes
Output Overcurrent Protection
Yes
Output Short-Circuit Protection
Yes
Output Overvoltage Protection DC Arc-Fault Protection Warranty Standard Extended Terms 1) See user manual for further information regarding MPPT Voltage Range when operating at non-unity PF 2) The "Output Voltage Range" and "Output Frequency Range" may differ according to the specific grid standard. 3) See user manual for further requirements regarding non-operating conditions. 4) Fused string inputs only applicable to the SCH275KTL 36 input model.
Yes Optional 5 Years 10, 15 and 20 years
MADE IN VIETNAM, manufacture by VIETNAM SUNERGY JOINT STOCK COMPANY
30 25 YEAR YEAR QUALITY ASSURANCE
POWER OUTPUT GUARANTEE
VSUN610-132BMH-DG VSUN610-120BMH-DG
VSUN605-120BMH-DG
VSUN600-120BMH-DG
VSUN595-120BMH-DG
610W
21.55%
Highest power output
Module d
2.0%
0.45%
First-year degradation warranty
Annual degradation over 30 years
ciency
ABOUT VSUN KEY FEATURES
Invested by Fuji Solar, VSUN SOLAR is a solar solution provider with headquartered in Tokyo, Japan that offers reliability, high e
PERC
MBB technology with Circular Ribbon
ciency solar products and technology globally. VSUN
is rated as BNEF Tier 1 PV module manufacturer, PVEL Lab "Best performer" and EcoVadis "Bronze Award".
Higher output power Half-cell Technology
PRODUCT CERTIFICATION
Positive tolerance offer Bifacial cells, converting more sunlight into electricity
WARRANTY
Better shading tolerance 100%
98%
Load certificates: wind to 2400Pa and snow to 5400Pa 90% 84.95%
Lower LCOE 80% Number of
5 years
10 years
PERC Bifacial
15 years
20 years
25 years
30 years
General Bifacial
2023 . 5 . 13
MADE IN VIETNAM, manufacture by VIETNAM SUNERGY JOINT STOCK COMPANY
Electrical Characteristics at Standard Test Conditions(STC) VSUN610-120BMH-DG
Module Type
VSUN605-120BMH-DG
VSUN600-120BMH-DG
VSUN595-120BMH-DG
Pmax (W)
610
605
600
595
Voc (V)
41.82
41.65
41.48
41.3
Isc (A)
18.69
18.62
18.57
18.51
Vmpp (V)
34.73
34.56
34.39
34.21
Impp (A)
17.57
17.51
17.45
17.4
Module Efficiency
21.55%
21.38%
21.20%
21.02%
Standard Test Conditions (STC): irradiance 1,000 W/m²; AM 1,5; module temperature 25°C. Pmax Sorting : 0~5W. Measuring Tolerance: ±3%. Remark: Electrical data do not refer to a single module and they are not part of the offer. They only serve for comparison among different module types.
Electrical Characteristics with different rear side power gain(reference to 605 front) Pmax (W)
Voc (V)
Isc (A)
Vmpp (V)
Impp (A)
Pmax gain
635
41.65
19.55
34.56
18.39
5%
666
41.65
20.48
34.56
19.26
10%
724
41.73
22.34
34.48
21.01
20%
755
41.73
23.28
34.48
21.89
25%
Material Characteristics
System Design
Dimensions
2172×1303×35mm (L×W×H)
Maximum System Voltage [V]
1500
36.4kg
Series Fuse Rating [A]
30
Silver anodized aluminum profile
Bifaciality
70%±10%
AR-coating Semi-toughened glass, 2.0mm
Fire Rating
Class C for IEC and TYPE 29 for US
Cell Encapsulation
EVA (Ethylene-Vinyl-Acetate) or POE
PV module classification
Back Glass
Glazed & Semi-toughened glass, 2.0mm
Temperature Range
Weight Frame Front Glass
12×10 pieces monocrystalline solar cells series
Cells
strings IP68, 3 diodes
Junction Box
Class II -40 °C to + 85 °C
Maximum Surface Load
5,400 Pa
Application class
Class A
500 mm (cable length can be customized), 1×4 mm2 or 12AWG, Connector: PV-ZH202B(Manufacturer
Cable
Maximum diameter of 25 mm with
Withstanding Hail
by Zhejiang Zhonghuan Sunter PV Technology Co., Ltd.)
Packaging
impact speed of 23 m/s
Temperature Characteristics
Dimensions(L×W×H)
1325×1125×2510mm
NOCT
Container 20'
/
Voltage Temperature Coefficient
-0.25%/°C
Container 40'
/
Current Temperature Coefficient
+0.04%/°C
Container 40'HC
540
Power Temperature Coefficient
-0.34%/°C
Dimensions
45°C(±2°C)
IV-Curves
Note:mm
B A-A Frame
B
11
A
AM1.5,1000W/M
2
10℃, Pmpp=642W 25℃, Pmpp=611W 40℃, Pmpp=580W 55℃, Pmpp=548W 70℃, Pmpp=516W
16
12
600
35
500
8
D
B-B Frame 11
400 300 200
4
100 0
0
10
20
30
40
Voltage/V
0
0
10
20
30
40
Voltage/V 13
C-Mounting Hole 8 place 9
C
2
1000W/M
500
1264±2
BACK VIEW
BACK VIEW
400
400W/M2
300
200W/M2
200
4 100
0
1303±2
600
2
600W/M
12
8
D-Mounting Hole 4 place 7
25℃
2
800W/M
16
0
10
20
30
40
0
Voltage/V Excellent performance under weak light condition.
2023 . 5 .13
Exhibit L
The Town of Webster Planning Board considered the request by Applicant Montante Solar to construct a commercial solar energy facility on land owned by the Xerox Corporation located at 750 Phillips Road, Webster, New York on portions of parcels having SBL #s 65.02-1-40.11, 65.03-1-9, 65.19-1-1, et al. WHEREAS, Montante Solar (the "Applicant") has submitted an application to the Town of Webster Planning Board (the "Planning Board") for preliminary site plan approval to construct and operate a commercial solar energy facility known as the Webster Solar Garden Project (the "Project") on property owned by Xerox Corporation located at 750 Phillips Road in the Town of Webster, Monroe County, New York; and WHEREAS a portion of the Project is located on property that is undergoing environmental remediation under the oversight of the New York State Department of Environmental Conservation ("NYSDEC") and is subject to an Environmental Easement dated November 16, 2021, recorded in the Monroe County Clerk's Office; and WHEREAS a portion of the Project site is undergoing environmental remediation and is subject to institutional and engineering controls pursuant to a NYSDEC-approved Site Management Plan; and WHEREAS, the Applicant has represented, and the Planning Board has confirmed through review of the submitted site plans, that the Project involves the installation of solar energy arrays on less than twenty-five (25) acres of physical alteration; and WHEREAS the Planning Board hereby declares itself lead agency for the purpose of making the SEQRA determination for this Project; and WHEREAS the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations require lead agencies to determine whether a proposed action is subject to environmental review (see ECL Article 8; 6 NYCRR Part 617); and WHEREAS 6 NYCRR § 617.5(a) provides that actions or classes of actions identified as Type II actions are not subject to review under SEQRA because they have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review; and WHEREAS 6 NYCRR § 617.5(c)(14) specifically identifies as a Type II action the "installation of solar energy arrays where such installation involves 25 acres or less of physical alteration on the following sites," including, pursuant to subsection (I), “closed landfills", and subsection (v) “currently disturbed area at sites zoned for industrial use”; and WHEREAS, the Planning Board has reviewed the Applicant's submissions, including site plans, project narrative, and documentation regarding the property's environmental status and remediation history; and
WHEREAS, the Planning Board has reviewed the Environmental Easement and confirmed that the property is a remediation site subject to NYSDEC oversight with allowable uses including commercial and industrial activities; and WHEREAS, based upon its review of the application materials and the applicable SEQRA regulations, the Planning Board finds that the Project falls within the Type II classification set forth in 6 NYCRR § 617.5(c)(14)(I) and (v) because: (1) the Project involves the installation of solar energy arrays; (2) the installation involves twenty-five (25) acres or less of physical alteration; and (3) the Project is located on a site that is undergoing environmental remediation under NYSDEC oversight with allowable commercial and industrial uses; and WHEREAS the Planning Board notes that while the Project is exempt from SEQRA review as a Type II action, the Applicant remains subject to all other applicable local, state, and federal requirements, including compliance with the Environmental Easement and Site Management Plan approved by NYSDEC. NOW, THEREFORE, BE IT RESOLVED that the Town of Webster Planning Board hereby determines that the Webster Solar Garden Project is a Type II action pursuant to 6 NYCRR § 617.5(c)(14)(I) and (v) and, as such, is not subject to review under the State Environmental Quality Review Act. RESOLUTION 25-0081
Derek Anderson made a motion for TYPE II SEQR which was seconded by Dave Malta. VOTE: Mr. Casciani Mr. Malta Mr. Giardina Mr. Anderson Mr. Kosel Mrs. Maltman Mr. Gasic
AYE AYE AYE AYE AYE AYE AYE
Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. 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. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Proposed Solar Project - 139 Caracas Drive
Project Location (describe, and attach a location map): 139 Caracas Drive, Webster, New York
TM Montante Solar Development LLC (Montante) is proposing the development of a commercial-scale photovoltaic (PV) generation facility (Project) within portions of tax parcel (065.02-1-40.111) owned by Xerox Corporation (Xerox). The Project would be located within northern unoccupied portions of Xerox Corporation’s Webster campus. The Project would encompass an area approximately 20 acres and currently includes undeveloped forest and herbaceous land, as well as a previously capped inactive landfill and associated monitoring and remedial infrastructure located north of Caracas Drive. The site will be leased by Montante for the purposes of the construction and operation of the Project.
Name of Applicant or Sponsor:
716-876-8899
Katie Soscia
ksoscia@montante.com
2760 Kenmore Ave
City/PO:
State:
Zip Code:
Buffalo
NY
14150
1.
Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO
2. Does the proposed action require a permit, approval or funding from any other government Agency? no effect or not likely to adversely effect concurrence; NYSHPO no effect concurrence; NY If Yes, list agency(s) name and permit or approval: USFWS SPDES permit; NYSDEC wetland parcel jurisdictional determination; NYSDEC part 373 change in
NO
✔
use; town board/planning board approval; town special use permit; town building permit
3.
4. 5.
a. Total acreage of the site of the proposed action? b. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor?
20 acres __________ __________ 1.9 acres
__________0 acres owned by Xerox Corporation
Check all land uses that occur on, are adjoining or near the proposed action: Urban
Rural (non-agriculture)
✔ Forest ✔ Agriculture □ □ Parkland
✔
Industrial ✔
✔ Aquatic
Commercial ✔ Other(Specify):
Page 1 of 3
Residential (suburban)
YES
YES
5.
Is the proposed action,
NO
a.
A permitted use under the zoning regulations? with a special use permit
b.
Consistent with the adopted comprehensive plan?
YES
N/A
NO
YES
YES
6.
Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7.
Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
NO
If Yes, identify: ________________________________________________________________________________
✔
8.
NO a.
Will the proposed action result in a substantial increase in traffic above present levels?
b.
Are public transportation services available at or near the site of the proposed action?
c.
9.
Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? Does the proposed action meet or exceed the state energy code requirements?
YES
✔
✔
✔ NO
YES
NO
YES
If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ No potable water is need for operation of the proposed facility. Portable restrooms will be utilized as needed during project construction. _____________________________________________________________________________________________
✔
11. Will the proposed action connect to existing wastewater utilities?
NO
YES
If No, describe method for providing wastewater treatment: ______________________________________ No wastewater will be generated as a result of project construction.
_____________________________________________________________________________________________ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 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? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ Construction activities will result in the placement of approximately 1,350 square feet (0.03 acre) of "permanent fill" in wetland areas _____________________________________________________________________________________________ from the use of geoballast foundations for the solar arrays. Installation of perimeter fence in wetland areas, approximately 470 linear feet (or 47 poles in total) driven in poles (non-jurisdictional wetland impact)
_____________________________________________________________________________________________
Page 2 of 3
✔ NO
YES
✔
✔ NO
YES
✔
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
□Shoreline ✔□ Forest ✔ Wetland □ Urban
Agricultural/grasslands
✔ Early mid-successional
Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered?
NO
None listed currently. USFWS IPaC indicates the proposed threatened monarch butterfly may be potentially present
✔
16. Is the project site located in the 100-year flood plan?
NO
YES
YES
✔ 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.
Will storm water discharges flow to adjacent properties?
NO
YES
✔
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ Stormwater will be allowed to runoff from the project locations to adjacent ditches/roadways and existing stormwater management. _____________________________________________________________________________________________ Some limited stormwater may runoff to nearby streams or wetlands but the project will utilize a SWPPP and stormwater controls to mitigate sedimentation and erosion.
18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe:
NO
YES
✔ NO
YES
NO
YES
A portion of the project is located on a closed inactive, asphalt capped landfill, with closure completed under NYSDEC approved plans. The project is also located adjacent to Xerox Building 343 which is a former hazardous waste storage area for the Webster _______________________________________________________________________________ complex that was closed in June 2021 in compliance with a closure plan approved by the NYSDEC.
____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? Webster campus, which is a NYSDEC RCRA Facility (Site If_ Yes, describe: The Project would be located within the larger Xerox _______________________________________________________________________________ Code 828178) for identified groundwater and soil contamination currently managed under a RCRA Part 373 Hazardous Waste _____________________________________________________________________________________________ Management Permit (No. 8-2654-00064/00040). As such, the Solar Project has been designed to minimize potential ground disturbances to the greatest extent feasible.
✔
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE TM Montante Solar Developments LLC d/b/a/ Montante Solar 3/26/25 Applicant/sponsor/name: ____________________________________________________ Date: __________________________ _____________________ Director of Project Development Signature: _____________________________________________________Title:__________________________________
PRINT FORM
Page 3 of 3
EAF Mapper Summary Report
Wednesday, March 12, 2025 2:13 PM
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 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.
Part 1 / Question 7 [Critical Environmental Area]
No
Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites]
No
Part 1 / Question 12b [Archeological Sites]
No
Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies]
Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 / Question 15 [Threatened or Endangered Animal]
No
Part 1 / Question 16 [100 Year Flood Plain]
No
Part 1 / Question 20 [Remediation Site]
Yes
EAF Mapper Summary Report
1