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By DIANE VALDEN

COPAKE—The controversial Shepherd’s Run Solar project took a step forward August 25, when the New York State Office of Renewable Energy Siting (ORES) deemed Hecate Energy’s application to site the mega-solar facility in Craryville complete.

The recent finding of completeness comes after three prior Notice(s) of Incomplete Application (NOIA) issued by ORES since May 2022.

Hecate Energy, a Chicago-based developer of solar and wind facilities and energy storage projects, has applied to construct a 60-megawatt (MW) solar facility east of the Taconic Hills School District and north of Copake Lake in and around the Copake hamlet of Craryville. Nearly 200,000 solar panels would be erected on about 228 acres of an 880-acre total project area. Much of the acreage is prime agricultural land. A school district campus and residential areas border the property.

The industrial-scale project is not permitted under Copake Zoning Law, yet it is in the midst of the application/permitting process because Hecate has bypassed local law and is seeking site approval from ORES under the state’s streamlined siting process for renewable energy projects, known as 94-c.

An August 30 press release issued by the Town of Copake notes that the ORES decision was announced just one week after New York State Senators Michelle Hinchey (D-41st) and Pete Harckham (D-40th) wrote to ORES Executive Director Houtan Moaveni, “outlining potential adverse environmental and agricultural impacts of the proposed 60-megawatt solar development and urging that another site be found for the project.”

ORES’ finding of completeness does not grant permission to build the site, but it does trigger a 60-day period by the end of which ORES must either publish a draft permit for public comment or deny permission for Hecate to move forward.

Also in its release, Copake officials complained that “ORES’ completeness determination was unwarranted since it ignores Hecate’s failure to submit critical information previously requested by ORES.

“Deputy Supervisor Richard Wolf, who has spearheaded the Town’s response to the Hecate application has pointed out that the corporation ‘has not fully addressed the impacts of its proposed 267-acre solar factory on the Taghkanic Headwaters Conservation Plan. It has failed to prove that constructing 200,000 solar panels and inverters, and drilling beneath wetlands will not adversely affect the wetlands, streams and Taghkanic Creek (an important source of Hudson’s drinking water), all of which are on or under the proposed construction site.’”

Copake also contends that “Hecate has withheld historical information from the public regarding a historically significant Native American presence near the Niver Farm (now Rasweiler Farm) Hecate has not taken sufficient precautions to ensure the 60 megawatt solar facility will not adversely impact Copake’s nationally-significant historical and cultural resources.”

Contacted for comment this week on the ORES determination that the Hecate application is now complete after three rejections, Hecate Energy Director of Development Matt Levine responded by email: “Hecate Energy is pleased to have achieved a complete application milestone in the ORES 94-c process. This allows for the continued public input into the permitting process and will result in a balanced project outcome. We look forward to working with ORES and continuing stakeholder engagement throughout the ongoing project review by the State.”

Sara Traberman, a spokesperson for Sensible Solar for Rural New York, a Shepherd’s Run project opponent, commented by email: “The project, as currently envisioned in the completed application, is sited largely on prime farmland, violates at least 20 local laws, calls for drilling under protected wetlands (in violation of setback laws), disrupts important wildlife corridors, and will have an adverse impact on at least five cultural resources. These are the facts, some of which were noted by NY State Senators Hinchey and Harckham who have urged ORES to work with Hecate to find a more suitable location. We agree with the Senators, and fully support the Town of Copake Supervisor and Deputy Supervisor who call for ORES to deny the permit.”

Dan Haas, speaking on behalf of Friends of Columbia Solar, a project supporter, said by email: “Friends of Columbia Solar is pleased that the project is moving forward. We see the repeated ‘incomplete’ judgments not as a reflection on the weakness of Hecate’s application, but evidence of the thoroughness of the 94C process. As we have demonstrated many times in letters, comments, newspaper ads and mailings, the objections to Shepherd’s Run don’t hold up under scrutiny, and we anticipate a draft permit at the end of next month. This summer has dramatized the climate crisis like no other, and made clear the importance of New York’s goal of a carbon-free grid by 2050. Sixty megawatts of renewable energy will be a significant step towards this ambitious but necessary landmark.”

In its recent press release, Copake also contends that “Hecate’s supposedly ‘complete’ application fails to address the adverse impact of waiving local laws specifically enacted to protect Copake’s high-quality farmland and rural character.”

“ORES may have found that Hecate’s application was good enough for them. But it is not good enough for Copake,” Town of Copake Supervisor Jeanne E. Mettler said in the release.

Pointing out that Hecate seeks permission from ORES to override 20 Copake laws, Ms. Mettler said, “Hecate’s proposal sacrifices prime farmland and tramples on local law. Clearly Hecate was irresponsible in choosing this site in the first place and they should not be rewarded now for their lack of care. Hecate has demonstrated a complete disregard for this small town… ORES should deny Hecate’s application and end this ordeal for Copake once and for all.”

“Given the large amounts of missing or incomplete information, one can only hope that ORES’ Notice of Complete Application was issued to ‘put Hecate out of its misery,’ because ORES now understands that the proposed site is completely unsuitable for a utility-scale facility. In 60 days, ORES should tell Hecate to find another site,” Copake Deputy Supervisor Wolf said in the release.

In another solar project-related matter, Deputy Supervisor Wolf noted in his August solar project update that the attorney representing the Town on solar project matters “recently filed a motion to re-argue the appeal of an adverse decision in the ORES regulations lawsuit.”

An appellate court denied an earlier appeal by Copake in late May.

“That case, brought by Copake, five other small, upstate towns, and seven non-profits, seeks to overturn the regulations under which ORES operates—regulations that were written by Hecate’s own energy consultant. Under these regulations, ORES has been able to deny towns —‘host communities’— a seat at the table when siting decisions for their towns are made. Copake would be precluded from directly participating in the siting decision-making process, decisions that would have profound impacts on Copake’s local environment, character, and economy. No taxpayer dollars have been spent on this litigation; we await a decision on our motion,” said Mr. Wolf.

To contact Diane Valden email dvalden@columbiapaper.com