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Application section 10
To: Frank Podufalski, Supervisor Town of Enfield 168 Enfield Main Rd_ Ithaca_NY 14850 Dear Frank. i am a birder,a professional ornithologist whose research area is avian conservation.and a supporter of wind power sited in the right location. I spoke about a year ago at one of the Town Meetings for the Town of Enfield. I retired from Ithaca College,where I taught various environmental courses for 37 years,and continue as a Scholar in Residence with three grants supporting my efforts to restore habitat for rare and declining birds_ I am also a member of the New York Sate Ornithological Association and two years ago I chaired the committee that created the NYSOA position on wind power, subsequently adapted by a very strong majority vote of the association members_Our position paper places more emphasis on avian protection than do the state guidelines.The NYSOA position argued in favor of wind power if sited in a location that would present minimal avian danger. I have appended the adapted resolution and referyou to lines 5-12. . Our guidelines specifically recommend barring wind power development on sites with a concentration of birds;either migrants,or wintering hawks and owls,or an area of concentration of species that have aerial displays as part of their courtship(lines 50-69).The location of the proposed wind towers on Connecticut Hill is not within the exclusionary_ conditions in the NYSOA position paper.. There are some uncommon forest birds in the nearby state forest,but these birds are truly forest birds_ The proportion that would venture into the wind tower area is small and the fraction of that small number that might be killed is much smaller yet.There are some birds,e.g.,American Woodcock that might use the wind tower sites for aerial courtship.Yet,no woodcock were killed in an intensive survey at the Maple Ridge Wind Farm,a much larger facility that proposed for Connecticut Hill.(Annual Report for the Maple Ridge Wind Power Project Postconstruction Bird and Bat Fatality Study 2006,Aaftab Jain et-al. 2007) All wind power development will kill some birds,out of the10-20 billion estimated to migrate-out of the U.S_ each fall.A assessment paper by the national Academy of Sciences sited a study that the fullest development of wind power(20,000-30,000 towers)in the mid-Atlantic region would kill 0.003%of all the birds already killed by human activity(National Academies Press,2007; http:/hvww.nap.edu/cataloJ]1935/html.) The production,distribution and use of all sources ot'power kill some birds_Wind power kills fewer per unit of energy than most others_Wind power has the major advantage of not producing green. house gasses and thereby contributing to global warming with immense human and environmental damage. The proposed wind development on Connecticut Hill, in my opinion,on balance is far more likelv to benefit the environment than any of our real alternatives. - The NYSOA guidelines require avian assessment at each site. I know that as I wrote the position paper that I was thinking of large facilities with 100+towers.The scale of the Connecticut Hill proposal is much smaller than the scale considered in the NYSOA position paper. I anticipate that an avian survey would not raise issues of major environmental concern. Unlike those sites with hundreds oftowers and sites on locations with a known high concentration of migrating birds or wintering raptors,I believe the Connecticut Hill site does not warrant an extensive avian survey. A moderate effort would provide sufficient information to fulfill the recommended surveys(Lines 45-53). Much of this information could be compiled by compiling records of previous bird observations.The goal of such a survey would be to provide adequate evidence that there is no unknown exceptional red flag for this site. Sincerely, John Confer (W)607-274-3978©607-229-5952. I will be out of town for the next two months,and Verizon does not work where I am going in AZ.-I will check email at confer@ithaca.edu. aw � y�• t u i t 04 c tU q i co lt7 C ` c ti EO -� Fly m LL (L+ f0 - pfj _ t- _ - N OcL C C U cn cu �_..I .. - t6 o — g o cu m sa m �p tr ca _ m < 0 h� c 03 _-- d APPENDIX � Threatened and Endangered Species Information STEUBEN COUNTY INDUSTRIAL DEVELOPMENT AGENCY Driving the Wheels of Change TO: SERVICE LIST 3/26/04 OF'ECOGEN, LLC PRATTSBURGHJITALY WIND FARM FROM: JAMESP. SIIERRON,Executive Director Steuben County IDA DATE: MARCH 31,:2004 RE: DRAFT PUBLIC SCOPING DOCUMENT The Steuben County Industrial Development Agency(SCIDA), in its role:as Lead Agency for :the State;.Environmental Quality Review 'process of .the Ecogen, .LLC Prattsburgh/Ita1y Wind Farm .Project; has reviewed the potential env' roiunerital impacts of the proposed project.against the-criteria listed in 6 NYCRR Part 617.7.:The SCIDA:. has issued a "Positive IJeclaration, Notice of Determination' of Significance": SCIDA. understands.that the.:applicant willcomplete a Draft Generic Environmental Impact Statement(DGEIS). Although not required..as part of the SEQRA process; SCIDA has decided to. perform public scoping in accordance with 6 NY CRR Part 61.7:8: The primary goals of scoping are to focus:the DGEIS,on potentially significant .adverse impacts and to eliminate consideration .of those impacts that are irrelevant or:non-significant:. The SCIDA is soliciting comment on ithe Draft.Public Scoping Document, a copy of which.is attached, along with a copy of the Resolution by the SCIDA Approving the Draft Scope. . The SCIDA will also have a public scoping session at 7:00 pin April 22, 2004 at Prattsburgh Central School,:l.Academy Street, Town of Prattsburgh; New York Please provide comments, in-writing,. on the Draft Public Scopiiig document:.by 5:00 :p.m. Thursday,May 6, 2004,to the'SCIDA at the address below. If you have any questions or comments, please direct them to.James P. Sherron; Executive Director, at the address•and:phone number below..:; JPS Encs. cc: Service List Attached. 7234 Route 54 North PO Box 393:.- Bath, NY 14810-0393 •:Ph one: 607-776=3316 Fax:607-776-5039 -:E-mail; Info@5teubenCountylDA.corn Web: wwW.SteubenCountyl0A.com RESOLUTION APPROVING DRA> F SCOPE MARCH 25,2004 RESOLUTIONS: Whereas,the Steuben County Industrial Development Agency("SCIDA")has received an application for assistance from Ecogen,LLC("Ecogen")relative to the construction by Ecogen of a wind power generation project to be located in the Town of Prattsburgb,Steuben County, as well as in the Town of Italy, Yates County, New York: Whereas, the SCIDA is an involved agency pursuant o the State Environmental Quality Review Act and the implementing regulations(6 NYCRR Part 617);and Whereas,the SCIDA has decided to initiate fhe environmental review process under the SEQRA and.perform . a coordinated review with other involvedor interested agencies; 'and Whereas, the SCIDA has identified the project to be-a Type I Action for the purpose of SE RA Review Pursuant to 6 NYCRR 617;and Whereas, the SCIDA is the Lead Agencyfor the SEQRA review of the project and Whereas,the SCIDA reviewed the p®tential environmental impacts of the Action against the criteria listed in 6 NYCRR Part 617.7 and determined that the Action may have a significant effect on the environment;and Whereas,the SCIDA will file and publish a"Positive Declaration,Notice of Determination of Significant" pursuant to 6 NYCRR 617.12;and . Whereas,the SCIDA will coordinate the completion of the SEQR Process inciuding Generic Environmental Impact Statement prior to approving the application for assistance for the:project. Resolved,that the SCIDA will hold a public scoping session on April 22,2004;7:00 p:m. at Prattsburgh Central School, i Acadetny Street,Town of Prattsburgti;New York to,solicit input for the prepara[ion.`of an Environmental Impact Statement. Resolved,that the SCIDA,as Lead Agency under SEQRA regulations;will submit for comment a Draft Public: Scoping Document to all involved agencies and.interesTed parties. Comments will:be accepted until 5:00 p:m.. on Thursday,May 6,2004. Motion By. Seconded By: Z. Ayes: Nays: Abstain: Q Absent: 1'31G( lt, tl t�h / C Ll tt c kq lit Dated: '"" N:lSteub[DAN204178C1erical\Word\Genn%G4C25RVLd0c Draft Public`Scoping Document cagn, ,LG Prattsblurgh/Italy Wind farm Town.of Prattsburgh,Steuben County; New York and Town of Italy; Yates County, New York Match 25, 2004 Lead Agency: Steuben County industrial Development Agency Project Sponsor: Ecogen, LLB Proposed Action: Construction of 53 wind turbine units for the purpose of generating 79.5 megawatts, or less, of electricity. Project Location: The'project area is generally bounded by.Twelve (Mile Creek Road to the west, McMichael Road to- the east; ShaY.and Sliter Roads to the North and West Creek Road to the south_ The project area is generally bisected by NYS Route 53`. See Fig Ore.1. Draft Public Scoping: The Steuben County industrial Development Agency (SCIDA): identified the project as a Type 1 action for the purposes of SEQR under 6 NYCRR Part 617 — State Environmental Quality Review. The SCIDA; in its role as Lead Agency, coordinated the review with other involved agencies and interested parties. The SCIDA reviewed the potential environmental impacts of the Action against the criteria listed in Part 617.7 and determined that the Action may have a significant effect on the environment and that a Draft Generic Environmental Impact Statement(DGEIS) will be prepared. As part of the2 DGEIS process and in accordance with SEOR §617.8; a public scoping session will, te, ,held .on April 22, 2004 at 7.00 p.m: at. the Prattsburgh Central School, 1 Academy Street, Town of Prattsburgh, NY. The scoping session will be conducted to solicit public input into the preparation of this document in order :to ensure that the DGEIS will include relevant public concerns and will be .appropriate in its scope and content. This document ,presents the Draft Public Scoping for the preparation of the DGEIS. ...Page l of 6 An Environmental Assessment Form (EAF) - Parts 9 and 2 were prepared in order to:describe the project and to identify potential environmental impacts: Those impacts identified as being potentially large were further evaluated 1n an EAF Part 3. Potentially large,;impacts that require further evaluation in the. DGEiS are presented in the Notice of Determination of Significance — Positive Declaration, adopted by the S1DA, in their role as Lead Agency on March 25, 2004. The issues of.concern and the proposed scope.to study these impacts are: summarized below: Proiect Description • A comprehensive project .description will be included in the DGEIS. A project location map identifying initial target areas having adequate conditions for wind energy generation will supplement the project description. Within #hose target areas, appi°oximately 100 initial sites showing P otential for turbine unit installation will be identified- These initial target areas and turbine sites have been identified for initial review at this time and will be better defined as the project develops. The intent is for the environmental assessment to result in criteria to.be used in selecting approximately 53 viable sites having the least impacts. See Figure 1. General Setting • This section of the DGE18 will present the general environmental setting, addressing existing conditions and providing base line information. o This section will describe the current status of land use regulations in the Towns_ it will acknowledge that the Town of Italy is currently preparing a master plan with the intent to create zoning for the community_ o This section will discuss the implications of the Town's possible adoption of new land use controls on the project, as well as the project's influence on the planning process. o This section will discuss the implications on the project from the proposed:Local'L-aw A; "Town of Italy Wnd Turbine Tower, Relay Station.and Support Facility Moratorium Law 2004". • This section of the DGEIS will characterize topographic and geologic features and landforms: This.will be done for both the Finger Lakes regional setting as well as the local project setting. • This section of the DGEiS describes the general land.use:and residential'/ rural character of the shady area. Pa ge 2.of 6 Impact on Land • This section will assess the project's potential impacts on land forms as discussed fn#lie gerneral setting, including steep slopes and hillside development. This section will assess the:potentiaf impact on existing land use patterns; including impact on future residential development_ Impact on Wafer • This section.of the DGEIS wiN include a description of all streams within" proposed project site Specifically, locations of state or federal protected" streams.within.the proposed project area wi l be identified,"as well as an analysis of potential effects on streams from project construction and ; project operation. • Impacts.to the physical qualities of the on-site streams and surface waters shall be discussed fn the DGEIS_ Impacts on hydrology and water quality shall be assessed and suitable mitigation measures proposed-for any po#entfally significant impacts that-are identified: • A storm water management plan'for the construction phase of.the action shall be prepared and describe measures proposed to mitigate impacts from changes in drainage patterns that will alterations result from topographic . The DGEIS shall discuss how the project will meet the conditions of regulatory- agencles storm water permits including :preparation of a Storm Water P©Ilution Prevention Plan in accordance with the "Watershed Regulations" and NYSDEC's State Pollutant Discharge. Elimination System (SPDES) "General'Permit". Suitable storm water management mitigation measures shall be proposed for `any`potentially significant impacts identified_ • The DGEIS shall also discuss hew proposed sediment and storm water controls will be developed, maintained during construction and following construction. • State and federal wetland boundaries shall be identified as will any state wetland adjacent areas • The DGEIS shall include a description of the wetland delineation methodology. • Site planning consideration given to wetlands shall be discussed in the DGEIS. The DGEIS shall also discuss what measures were taken to avoid or minimize wetland impacts.: • Permitting requirements for any wetland activities shall be discussed in the DGEIS. The DGEIS shall ,include a wetland mitigation plan to compensate"for any losses in wetland function and value. The mitigation plan shall specify the areas and location of any proposed wetland mitigation. Page 3 of 6 Impact on Wildlife or Habitat • Impacts to any rare; threatened, or endangered plant or animal species shall be discussed in the DGEIS. Research will include contacting the New York Natural Heritage Program, New York State Department of Environmetnal Conservation Division of Fish Wildlife and Marine Resources, and the US Department of Fish and Wildlife, • The DGEIS shall contain a description of the flora and fauna of the project site based upon field investigations; interviews and file searches with regulatoryagencies, and document research • A list shall. be compiled of all species observed on the site and those species likely to occur on the. site based on habitat requirements .and documented geographical` distribution. Mitigation measures shall be provided in the DGEIS for impacts identified as potentially significant or to offset effects associated with the Project. Potential Avian Impacts o Potential`impacts to resident and migratory avian species known to occupy wildlife habitats outside the primary study area will be considered in the DGEIS. These areas include an "out-parcel" of the Montezuma Wildlife Refuge, the NYS High Tor Game . Management Areaz and Hemlock Lake. o The DGEIS will consider the US Department of Fish and Wildlife Service Interim Guidelines to Avoid and Minimize Wildlife Impacts from Wind Turbines in developing p g proposed measures to mitigate potential avian impacts. o DGEIS will address the Indiana Bat issue, as -it relates to the study area. Impact on Aariicultural Resources • Impacts such.as soil compaction, operational limitations and access to agricultural land shall be discussed in the DGEIS Mitigation measures shall be provided in the DGEIS for impacts identified as potentially significant. Potential mitigation measures may include creation of newareas or restoration of dormant agricultural land. lmpact on Aesthetic Resources • The GE18 wilt:characterize the existing visual: environment focusing primarily on the visibility of the project from surrounding lands containing sensitive receptors. + The New York State Department of Environmental Conservation policy on Assessing and. Mitigating Visual Impacts. will be considered during the assessment of visual effects. g Pa e4of6 Impact on Historic or ArCheoiogical Resources • The DGEIS shall contain a review of Cultural Resources baseef upon file searches of regulatory agencies, document .research and, if necessary field investigations. • The DGEI shall discuss potential impacts #o..historic or prehistoric resources identified during the.investigations of the property. • The results of-these`,reports shall be summarized in this section of`the. DGEIS and include a discussion of potential presence and significance of `. any historic or prehistonc cultural resources that may be affected by. site planning. • Any conflict of the development plan with potentially significant resources shall be identifed along with the nature of the conflict(i.e. grading; filling): ® A description of any necessary mitigation measures; including: avoidance or on-site archeological monitoring during construction, shall also be included. Impact on Energy • The DGEIS shall contain a review of the imp- ct on ever result on the operation of this project.,,, gY resources as a Impact on Noise • The DGEIS shall contain a review of the impact on Horse sensitive receptors as a result on the operation of this project. • Where necessary, suitable mitigation measures intended to attenuate potential sound .impacts will be proposed, including avoidance' or buffer zones around -noise sensitive.receptors.'Mitigation measures shall assess the reduction in sound levels that would be anticipated by implementing the proposed measures_ • The New York State Department of Environmental Conservation's policy for Assessing and Mitigating Noise Impacts will be considered during the study of changes in sound levels associated with the project- Unavoidable,Adverse Environmental Impacts • A description of the unavoidable adverse environmental impacts shall include necessary..information on the extent, likelihood and long-term consequences of the identified impacts. Page.5 of 6 Cumulafive 1macf Analys;is The section:on potential cumulative impacts will acknowledge the potential impacts. that, when taken together, may have a significant environmental. effect. This section will ,consider that status of.a second wind energy project in the area; and -identify elements `of the projects, which may requite contemporaneous consideration dunng the assessment- of. impacts. Environmental Jusfie. • If determined to be appropriate, the DGEIS will consider Environmental Justice issues related to the fair treatment.and meaningful invoivement'of all people. Page.6 of 6 W:';T<T3CQ'v B6 [.a.GG-- ter.' 4 �FPcla^✓n�S v:__:a>! .-v.dtllav�:.c ao- . l I I REGIONAL LOCATION MAP v r yj Lower Rdffr � 4!� „r t..,,, `MAP AREA _ l,..c. i r.. j �f _'` ulve f Aaples °se Ital_.. ly �/ s I : jJ� ���•. E =Ontario county' Fa p $ 7� Emeiso Rd ;;• ,.Rd Rene Preseer Rd .. '..\ ti �q o4y7d i .. � n •.., S � suasT nary � � ..� �e��m- .•�. m '�'�.cx \I' �6 Wevnare_RtlII x IR whae Rd E. —Rd Qa ,.44 c �:ss `. I E. i Inglesde+ ` "bJ ♦ rerr < 1" I ixee Rd . I b� / .• \�._ Pat�Rtl n . 1 dPi ! A I 1 ♦ �q - �"= e,na R eon a y ♦ T nee coenIt,i l R C Prattsburgh i f WU—Rtl PW t gynnne cnyµard Re Q. Hotchkiss d 2J/� NBefi Rd 3° x •'1 wn 1,;ERQdo d F. c/ Olmst3adt474 R2 / geafi Sta. . t� der Hill Rd': 2 .. . Sdhugz HIM Rd - ! Ca' .Rldge Rd ' a. •Legend m � e Proposed Wind Turbine Generator (WTG)Location NOTE:'fie proposed wind turbine generator.(WTG)locations are prdrnmary.The --'.- 'Proposed Electrical C011ecgon Llrie LVrGkicatwns and rdated elettncal tollection system are subject to change.' —— Project Boundary 115 kV Transrrtission Line 0 0.5 i 2 Wiles Um ECOGEN-PRATTSBURGHATALY WIND FARM PRELIMINARY SITE PLAN FIGURE 1.0-1 6/29/04 ECOGEN,LLCPRATTSBURGH/ITALY WIND FARM. SERVICE LIST 1. Town of Prattsburgh 10. YNYS Department of Public Service Attn: Pamela Kula-Town Clerk Attn: Doug May P.O. Boa 427 Three Empire State Plaza 15 Chapel Street Albany, NY ]2223-1350 Prattsburgh, NY 14873 11. Ecogen,LLC 2. Prattsburgh Library Attn: Thomas L.Hagner Manager P.O. Box 426 950�-A Union Road;Suite 20 . 26 North Main Street West Seneca;NY 14224-3°454 Prattsburgh,NY 14873 12. URS Corp. 3. *Town of Italy Attn: Mark Colmerauer Attn: Ruth Craig-Town Cierk Geologist 6060 Italy Valley Road 77 Goodell Street Naples,NY 14512 Buffalo, NY 14203 4. *Yates County Planning Board. 13. Dr.Alice Sokolow Attn: Barbara Johnston, Interim Planner 34 Avonmore Way. 417 Liberty Street- Suite 1:093 Penfield;NY 14526 Penn Yan,NY 14527-1122 14 XNYSDEC-Region 8 5. "Steuben County Planning Board Attn: Peter Lent Attn: Amy Dlugos 6274 E. Avon-Lima Road 3 East Pulteney Square Avon,NY..14414-951.9 Bath, NY 14810 15. '�NYSDOT 6. Steuben County Industrial Dev.Agency Attn: lames Clements Attn: JamesP. Sherron Exec.:.Director 107 Broadway 7234 Route 54 North Hornell;NY 14843 Post Office Box 393 Bath,NY 14810-0393 16. hick VenVertloli La ell As P.C. 7. *NYS Dept.of Agriculture and Markets 300 State Streets Suite 201 Attn: Matthew Brower Rochester,NY 14614 I Winners Circle Albany,NY 12235 17. Ruth MatiIsky 6724 Baker Road 8. 'ANY State Dept.of Env. Conservation. Prattsburgh;NY 14873 Attn:IZudyard G. Edick 625 Broadway—4" Floor. 18. John Servo Albany,NY. 12233-1750 4433 Buffalo Road North Chile,NY.]4514 9. *Yates County Industrial Do.Agency Attn: Steve E. lsaacs,.Executive Director One Keuka Business Park Penn Yan;NY 14527 Page 1 of 5. 6/29l04" 19. Cindy Cole 29. Town of Middlesex Riders`Rest Attn: Kathy Pelton,Town Clerk 61-4 Route 53 N. P.O. Box 147 Prattsburgh,NY. 14873 Middlesex, NY :14507 20. Nancy Wahlstrom 30. Town of Jerusalem 11327 Symonds Road Attn: Town Clerk Prattsburgh,NY 14873 38 i 6ltaly Hill Road Brartchport, NY... 14418 21. Laura Pearce 2950 Emerson Road 31. To".of Pulten:ey Branchport,NY. 1441.8 Attn Town Clerk 9068 Main-Street 22. Louise Faro PulteneY,NY 14.874 6775 State Route 53N Prattsburgh,NY 14873. 32; Donna Farringifon 41 Merwin Avenue 23. Arthur I Giacalone Rochester;NY 14609 Attorney at Law 140 Knox Road 33. Junty hummers P.O. Box 63 208 Rhea Crescent. East Aurora;NY 14052. Rochester;.NY 14615.4.121:2 M� 24. Southern Tier Central Regional Planning 34. Bruce Penrod Council (MPO) DEC High Tor Manager 145 Village Square NYS Dept.of"Env. Conservation Painted Post,NY 14870 DEC Region 8 Bath Suboffice 7291 Coon Road 25. Town of Naples Bath;NY 14810 Attn:Joanne Lincoln,Town Clerk 106 South Main Street 35 Margaret A. Crawford Naples,NY 14512 Biologist,Auburn Field Office Regulatory_Branch 26. Town of Cohoct©n US Army Corps of Eng., B#lo: District Attn: Sandy,Town Clerk 7413 County House road l 5 South Main Auburn,NY 13021 Cohocton,NY 14826 36. 'Timothy R. Sullivan,Biologist 27. Town of Wheeler U.S.Fish &Wild life:Service Attn.Jean Derick,Town Clerk NY Field Office 6439 Gardner Road 3817 Luker Road Bath,NY 14810 Cortland;NY 13045 . . 28. Town of Avoca 37. Michael F. St01131 Biologist Attn: Ms. Kim F_ Jackson,Town Clerk U.S.Fish & Wildlife Services 3 Chase Street NY Field Office Avoca,NY 14809 381 7=Luker Road Cortland,NY 13045 Page.2.of 5 . 38. Richard Marx6/29/04 47. Stephen A. Kubber 7445 County Line Road U.S. Dept. of Agriculture Prattsburgh. NY 14873 823 7 Ka„oria Road Avoca, NY 14809 39. William Evans Old Bird Inc_ 48. June Sharrow 605 West State Street 25 Sebastian Drive Ithaca;NY 14850 Rochester,NY 14625 40. Jillian Liner 49 Rob Price IBA Program Coordinator-Audubon,NY Steuben-Courier Advocate c/o Cornell Lab of Ornithology 10 W. Steuben Street 159 Sapsucker Woods Road Bath,NY 1481`0 Ithaca,NY 14850 Russell E. Gaenzle,,Esq. 41. John L.Cole Harris Beach, LLP Environmental Analyst 2 Attorneys at Law NYS Dept. of Env: Conservation 99 Garnsey Road 6274 E. Avon-Lima road: Pittsford;NY 14534 Avon, NY 14414-9519 42. Assembly Member Jim Bacalles 1. Mary Perham The Leader 136"Assembly District 10 West Steuben Sheet 103 Gansevoort Street Bath;NY 14814 Bath,NY 14810 43. Senator John R.Juhl,Jr; S2• Douglas Robb Chronicle Express 18 Buell Street ]38 Main Street. P.O. Box 153 Penn Yan;NY 14527 Bath, NY 14810 44. Mark WoythaI 53. Gina Muscato Finger Lakes Times News NYS Dept.of Env. Conservation: 24 E:'Man Street Fish & Wildlife Penn Yan,NY 14:527 1629 625 Broadway, 5th Floor Albany,NY 12233 54. Daily Messenger c/o Donald`.Fee.' 45. Peter Nye 365 Gibson Street NYS Dept. of Env.Conservation.. Canandaigua;NY 14424 Fish & Wildlife 625 Broadway, 5th Floor 55. Amanda Gorton Albany,NY 12233 Councilwoman -Town of Italy 3939 Dewolf Road 46. Molly Kuhn Naples,NY 14�12-9622 Chair of Zoning Cornmissior Town of Italy 56. Steuben Sierra Committee 3845 Pineview Drive c/o RachaeI Treichler. Naples,NY 14512-9636 7988 Van Amburg Road Hammondsport,NY 1.4840 Page.3 of 5 . -- . 6/29/04' 57. Rochester Regional Group of the 67, Mr. William Barker Sierra Club 225 Edgerton Street c/o Robert Siegel Rochester;NY 14607 Energy Committee Chair . 52 Woodside Drive 68. Antonia C.Novello,lVl.D,. Penfield,NY 14526 M.P.H. Commissioner NYS Department of Health ESP 58. Todd A. Wolfer Corning.Tower.Building 11 i Clinton Street Albany,NY 12237 Avon,NY 14414 69. Sean.-T.Hanna 59. Kestrel Haven Avian... NYS Dept.of Env. Conservation Migration Observatory Regional Director.-Region.8 Attn:John& Sue Gregoire 6274 F. Avon.=Lima.Road Field Ornithologists. Avon,NY, 14414.9519 5373 Fitzgerald Road Burdett,NY 14818 70. Gabrielle m..Weiss 3239 Flint Hill Road 60. Ms.Gail Baker Naples,NY 14512-9634 59 Florendin Drive Henrietta,NY 1.4467 71. Joyce Janowski 8748 Belcher Road 61. The Naples:Record Bloomt eld,.NY 14469 Attn: Mike Fowler, Editor: P.O. Box 370 72. Barbara Wagner Naples,NY 14512 244 Barry Road . Rochester,NY 14617 62. Robert Allison. 32 Trestle Trail 73. Steve Rowan North Chili,NY 14514. 6'Airy Drive Spencerport NY 14559 63. Robert W.Burgdorf,"Esq:. Nixon Peabody, LLP 74. Walter Swett Clinton Square Rangel Campaign Headquarters P_O. Box31051 378 Pacific Street Rochester,New York 14603-1051 Brooklyn,NY 11217 64. Patricia Rodger 75. Corydon (Corry)Ireland 7206 Eelpot Road Democrat& Chronicle Naples,NY 14512 55 Exchange Building Rochester,NY 14614-2001 65. Francis G.Schnauber 10438 Walker Road 76. Naples Historical Society Prattsburgh,NY 14873 Attn: Beth Flory, President P.O. Box 489 66. Mr.Chris Roberts,Projeet.Director Naples,NY 14512 _ The Nature Conservancy 1048 University Avenue : 77. Erin Jensen Rochester,NY 14607 11498 Nickles Road Prattsburgh,NY 14873 Page 4•of.5.. 6/29/04. . 78. Naples Central School . 88. NYS OPRHP Brenda C. Keith—Superintendent Attn: Ms:Ruth.Pierpont 136 North Main Street Director—Field Services Bureau Naples;NY 14512 Peebles Island State Park Cohoes,New.York 12047. . 79. The Naples Library Blanche Warner-Library Manager 89. Town. f Taples Volunteer 118 Main Street Fire&:Airibulance P.O. Box 157 P.O. Box 306 Naples,NY 14512 5 Race.Street Naples,;NY I`4512 80. Mr.David S.naith Ms. Donna Starr 90, Town of•Prattsburgh Volunteer 11109 Roloson Road Fire& Ambulance: . Prattsburgh,NY 14873 P.O. Box 356 1.5 Chapel Street 81. Mr.Allan N.Muscianese Prattsburgh NY 1,4873 . 6i 10 Cook School Road" Prattsburgh,NY 14873 82. Mr.Reginald Harding *Sent Certified 1060 Crittenden Road Rochester,NY 14623 83. Larry Rosenthal 5813 Diilenbeck Road Prattsburgh,NY 14873 84. Paul& MaryLou Stark 5312 East Lake Road Honeoye,NY 14471 85. Mr. Jeff Black Prattsburgh Central School One Academy Street P.O. Box 249 Prattsburgh,NY 14873 86. R.W. Morich PO Box 19 Prattsburgh,NY 14873 87. Village of Naples New York Will Sherwood,Mayor. P.O. Box 386 106 South Main Street Naples,NY 14512 Page 5 of$ PS�EH7 OF T� 's� �iwvcnurz United.StatesDepartmen# of theneror FISH AND WILDLIFE SERVICE � 3817 Luker Road a,.• Cortland;NY 13045 December29, 2004 Mr. Thomas P.Connare Senior Environmental Seienti'st URS Corporation 64.0 Ellicot Street Buffalo,NY 14203 Dear Mr. Connare: This responds to your letter of April 6, 2004, requesting information on the presence of endangered or threatened species in the vicinity of the proposed Ecogen; f LC;.wind power . project in the Towns of Italy and Prattsburg, Steuben and Yates Counties;New York. Endangered or Threatened Species Except for occasional transient:lndividuals'no Federally listed or proposed endangered or ad threatened species under our jurisdiction are known to exist in the project impact area. In addition no habitat in the project impact area is currently designated or,proposed"critical habitat" in accordance with prbvrsions of the.9ndangered Species Act(87 Stat....884, as amended 16 U.S.C. 1531 et se q,) (ESA) Therefore;no further ESA coordination or consultation with the U.S.Fish aril Wildlife Service (Service)is required. Should projecf plans change, or if additional information.on listed or proposed species or critical habitat becomes.available,this determination may be reconsidered: The most recerit compilation of Federally.ltsted and proposed endangered:anal threatened species in Netiv York* is available for your information.. If Your project is not completed within;one year from the date of this determination;:we recomrriend that�rnu contact us to ensure that thl listed species 1�rPSei2CP/ah proposed project is current. Presence./absence inf4rznat on for your The above comments pertaining to endangered species under our jurisdiction are provided pursuant to the ESA This response does not preclude additional Set vice comments under the Fish and Wildlife Coordinatidn:Act yr ether legislation. For additional information on fish and wildlife resources or State-listed species, we suggest you contact the appropriate New York State Department of Environmental Conservation regional office(s),*and: New York State Department of Environmental Conservation New Fork Natural Heritage Program Information Services 625 Broadway Albany,NY 12233-4757 (518)402-8935 Since wetlands may be present, you are advised that National Wetlands Inventory(NWI)maps may or may not be available for the project area. However, while the NWI maps are reasonably accurate,they should not be used in lieu of field surveys for determining the presence of wetlands or delineating wetland boundaries for Federal regulatory purposes. Copies of specific NWI maps can be obtained from: Cornell Institute for Resource Information Systems 302 Rice Hall Cornell University Ithaca,NY 14853-5601 (607)255-6520 web: http://iris.css.comell.edu email: comell-iris@cornell.edu Work in certain waters of the United States, including wetlands, may require a permit from the U.S.Army Corps of Engineers(Corps). If a permit is required,mi reviewing the application pursuant to the Fish and Wildlife Coordination Act,the Service may concur,with or without recommending additional permit conditions,or recommend denial of the permit depending upon Potential adverse impacts on fish and wildlife resources associated with project construction or implementation. The need for a Corps permit in Corps office(s). ay be determined by contacting the appropriate Migratory Species Background It appears that the proposed project could affect occasional transient individuals under Service jurisdiction,however,further information is necessary to adequately make any determinations. This additional information includes a more detailed project description(e_g.,estimate of the operational lifespan of the project,the length of roads to be constructed, whether transmission lines will be buried or overhead),as well as in on bird and bat use within the proposed project area: We are providing tjle following comments pursuant to the Migratory Bird Treaty Act(16 U.S.C. 703-712) (MBTA),the ESA,and the Bald and Golden Eagle Protection Act 16 U.S.C. 668-668d). In addition to these comments,we may provide additional-future,comment under other legislation such as the Fish and Wildlife Coordination Act(48 Stat:401,as amended- One U.S.C. 661 et seq.). One purpose of this letter is to advise the project sponsor of the prohibitions and permitting aspects of the applicable Federal wildlife laws. We do this of your cli decision regarding site selection, ent can make an informed project design,the risk of violating these acts,and whether applying for a permit to cover the anticipated take of a species is appropriate,where such a mechanism is available. 2 ' I_ Migratory birds, such as waterfowl,passerines, and raptors,are Federal trust resources and are protected by provisions of the:MBTA and the and is the primary Federal agency responsible for administering and enforcing the META. This act prohibits the taking, killing, possession, transportation,and importation of migratory birds, their eggs, parts, and nests,except when specifically authorized by the Service: The word"take is defined as "to pursue,hunt,shoot, wound; kill,trap;capture, or collect, or attempt to pursue,hunt,shoot,'Wound,kill,trap,capture, or collect." The unauthorized taking of even one bird is legally considered a"take"under.the MBTA and is a violation of the Iaw. Neither the MBTA nor its implementing regulations, 50 CFR Part 21,provide for permitting of "incidental take"of migratory birds that maybe killed or injured by wind projects..However,we recognize that some birds maybe killed at struc such as wind turbines even if all reason tures able measures to avoid it are implemented. Depending on... the circumstances, the. ervice's Office of Law Enforcement may exercise enforcement discretion. The Service focuses on those individuals, companies, or agencies that take migratory birds with disregard for their actions and the law, especially when conservation measures have been developed but are not properly.implemented. Operational wind turbines can adversely affect wildlife in a variety of ways. Foremost,the potential exists for bird:and.bat collision within the rotor-swept.area of each turbine. It has been documented that wind turbines cause bat and-bird mortality in a variety of species (Erickson.et al:.. 200i). Research to dare indicates that raptors are prone to wind turbine collisions. Songbirds, particularly those individuals migrating at night under poor visibility conditions, are even more susceptible: Recently,it has.been reported that large numbers of bats have also'tieen killed by these structures located:on.ridges. . Recognizing the.potential impacts to wildlife due to development of wind power projects,the Service developed Interim Guidelines to Avoid:and Minimize Idlife:Impacts from:Wind Turbines(U.S.Fish and:Wildlife Service 2003). A copy of this document may be obtained from our office or found on the Internet at www.fws.gov/r9dhcbfa/windenergy:htm . These Guidelines include recommendations for. 1)proper evaluation of wind resource areas,2)proper sit! and . design of turbines within.development areas; and 3)pre- and post-construction research and monitoring to identify and/or assess impacts to wildlife. We suggest the project sponsor review this information duririg.the development of the project design. The potential:for bat and bird mortalJ.yfrom this type of project appears to b e dependent on factors such as wildlife abundance,presence of migration corridor, geographic location, and particular landscape features..As specified in the Gruidelines,the project site should be evaluated for habitat features such:as the presence of breeding, feeding, and roosting areas. Unique habitats,such as wetlands,must also be considered: Recommendations A bat and bird risk.assessment should be conducted by the project'sponsor. This assessment should include a review of all available data and literature relevant to bat and bird,use of this site. In addition,the assessment should identifypotential impacts as a result of collisions with- turbines including the potential effects`on,but not limited to,raptors,passerines;and bats, as well as cumulative effects of collision mortality from the proposed turbines Tlie physical disturbance,direct loss, and fragmentation of grassland and forest habitat should also be in in the evaluation. 'Phis information should be incorporated into the project's environmental documents for review. 3 If the results of the risk assessment indicate there may be the potential for adverse effects may recommend pre-construction studies of bird use of the proposed project site. ,We Pre-construction studies of bats for=this location are recommended (see endangered species comments). These studies should be of sufficient rigor to determine the temporal and spatial distribution of resident and migrating bat and bird species in and adjacent to the project area during various weather conditions (e.g.,fog,rain, low cloud ceilings, clear skies, tc:: Information on mOm.Oruig.the project site for bird species can be obtained from "Stud in .: Energy/Bird Interactions.A Guidance Document: Metrics and Methods for Detetmin n g-Wind Monitoring Potential Impacts on 13 rd at Existing and Proposed Wind liner Sites" g or Wind Coordinating Committee 1999). gY (National In order to determine.the potential collision-hazard for a particular site,'the spatial uses of the airspace by birds and bats needs to be defined during'a multi at. `eriod. This P and.temporal best be accomplished by using reniote sensing technology(radar,acoustic,and infrared)to P s can collect data in various- and temporal.scales(day and night; season to season,.and.year year). Traditional sampling protocols (e.g.,visual observation and/or mist netting)maybe:.. to appropriate to supplement the remote sensing work and would likely be recess: to the data for individual species: Survey techniques are currently evolving andahe::a 1' �Y ground..truth . should work closely with this office iind the New York State Department ofEnviro pp scant Conservation(State)to.develop a draft study design prior to conducting any st�di� etital results should also be submitted to us for review and comment, along with proposed urvey project-specific avoidance and minimization methods to reduce the risk of bat and bird.mortalit . Finally,the Service recommends that all wind power projects that proceed to construction'be Y monitored for impacts to wildlife following construction and during turbine operation. Therefore, we recommend monitoring for.the newly proposed turbines. Post-construction bat and bird mortality monitoring should occur for a minimum of three years. Methods should:be coordinated wi#h.bath the Service and the State. Information gained froth post-construction monitoring will`continue to aid the Service and project sponsors as we learn more about the Potential impacts, or lack thereof,to wildlife{including listed species=see below)in the project area. p 7 ct If you require additional.inforn atio0 or assistance please contact 1Vlichael Stoll Timothy Sullivan 1(ESA)or (MBTA)at(6© )153-9334. Sincerely, X 4;;Pr David A.Stilwell Field.Supervisor References: .. Erickson, W:P.,G:D_-Ioltnson,M.D. Strickland,D P.Young, Jr., K.T. Sernka a 200I. Avian collisions with.wind turbines: �,surnrnary of existing studies and' Good: comparisons to other sources of avian collision mortality in the United States: National Wind Coordinating COrnmitte publication. 4 National Wind Coordinating.Committee. 1999. Studying Wind.EnergyBird;Interacti ons- A Guidance Document: Ivletres and Methods for Determning or Monitorin Isotentia Impacts on girds of Existing and Proposed Wind 1;nergy Sites: 1 U.S_ Fish and Wildlife Service 2003: Interim guidelines to avoid and minimize wildl' from wind turbines. Web site address: ife impacts http://www.fvvs.govlr9dhebfa/WindTurbineGuidelines.pdf *Additional information referred to above may be found on our website at: http://nyfo.fws.gov/es/esdesc.htm, cc: IVYSDEC,Avon;NY(Environmental Permits) NYSDEC,Albany,NY(Natural heritage Program) COE,Buffalo,.N- ' f ,Y Tim_k SullivanQfws.gov To: Thomas'Conaare@ursco 01/06/2005 1 1:14 AM cc: Mark t olmerauer rp•com @urscorp com,thagner@choiceonemaiLcom, rgedi ck@gay,dec:state.ny,us Subject: Re:Ecogen Proposed Bat Study and Indiana]Bat Hi Tom, $Y now,you should have.received a co 2004,from our office#o you,concernin Y ofa letter dated December 29, Proposed end angered`flr.tlireatened s the presence Federally-listed or except for the occasional transient indivyduals. ino at Ietter,we state that occur in the project area.: I believe species are known to Your questions outlined in this response essentially addresses Protocols for the Eco en I;Lt;email below regarding Indiana bat survey g wind project. $ecause wind projects are relatively new to this staff and there is a regarding bat use at:the general lack of infotmation existing project site,it took.us sometime to review the g information to make our determ- tiotl. Cony the Large numbers of bats that have been killed recently at other wind pounding the problem is Projects. Certainly;we are taking a cautious ..en until more information is gathered regarding wind turbines and bats in New York S Howev tate er your survey efforts this summer were certain Project team did collect some us certainly not wasted as the composition,distribution and abundance.1 information on bat species are requesting these surveys for all specie at Wind Project IVYSI)EC and the Service Your earlier email indicated.that no Indiana bats were found at the project site. When the analysis of the bat.data is...- .Complete, p J sites. information to us for P ,please forward that review: Thank you for contacting us regarding Federally-listed species and we look forward.to working with You in future. the Tim Sullivan Fish&Wildlife Biologist U.S.Fish.& Wildlife Service New York Field Office(Region:. 5) 3817 Luker Rd: Cortland,NY 13045 (607)753-9334(voice) (607)753-9699(fax) http//hyfo.fws.gov(web) tim_sullivan@fws.gov{email) �. New-York State Department of Environmental Conservation Division of Fish,.Wildlife & Marine Resources New York Natural Heritage Program Erin M.Crotty 625 Broadway, 51 floor;_ Albany, New York 12233-4757 Commissioner Phone:(518) 402-8935 • PAX: (518) 402-8925 Website:www.dec.state nv May 13, 2004 Thomas P. Connare U R S Corporation 640 Ellicott Street Buffalo,NY 14203 Dear Mr. Connare: In response to p your recent request,we have reviewed the New York Natural Heritage Program database with respect to an Environmental Assessment for the pro osed.Eco Wind Power Project-53 Turbines,area as indicated on them gen'LL.G Towns of Prattsburg and Italy,Steuben and Yates Counties.. You provided,located in the Enclosed is a report ofrare or state-listed animals and plants,significant natural communities,and other significant habitats,which our databases indicate occur,or may occur,on your site or in the immediate vicinity of your site. -The information r,or contained in this report is considered sensitive and may not be released to the public without Percussion from the New York Natural Heritage Program. PLEASE NOTE: The NYS High Tor Wildlife Management Area abuts your Project Boundary. The presence of rare species may result in this project requiring additional permits, permit conditions,or review_ For further guidance,and for information re that may be required under state raw for re regarding other.permits regulated areas or activities e. please contact the appropriate ( g•,regulated wetlands), NYS DEC Regional Office,Division of Environmental permits,at the enclosed address. For most sites, comprehensive field surveys have not been conducted,the enclosed report only includes records from our databases: We cannot provide a definitive statement on the presence or absence of all raze or state-listed species or significant natural communities; This information should not be substituted for on-site surveys that maybe required for environmental impact assessment. Our databases are continuall ted project is still under development-o a year from now,wing as we recommend dthatycontact th>is proposed so that we may update this response with the most current information us again S' cerely Be A. etcha Enc. ' m, Informafion Services Cc: Reg. S,Wildlife Mgr. IVY N al Heritage Program Rudyard Edick, Environmental Permits Albany Peter Nye, floor r: 3'e Endaagered Species Unit,Albany O � cl O KS Acc ccGO 0 is CA rn ti a � a � n d A �y 4 Lqq y 4 q a .o a All Ln o ° ag rowol cls kn H .y a . o _ a 0 3 zx43 'e" a z a gc 25 rn u 1 b a u13, � Q. g a u= Co u a sob o 6 0 A u Q'u 9 {� q Q `wd a° u M 0Jq .° o > �p ° U Na u o _- a 14 ao03 a � " E � wa g < ` Qo � Un C oGn - es i N ni Hul cli ca ° w 5 h w a a ! ai Iq < t- 010 m Qa OpWpa a ji All m W S- w �v a a p u ub 49 -CA2 .� •6- ci � o a 4 boz v r . C y E W N bvi w _ a 3 o a rA o c U `U ,� p ,f� q z?� C S > '� Q N A L ya v � , E, o �W Lla� 0 � 19 o � q � o CD 12 z o � a - 0 DIVISION OF ENVIRONIVIENTAL, ERltins June 200 REGLON co REGIONAL PERAIITADA91NiSfRATORS 1 Nassau&Suffolk John Pavacic NYS DEC BLDG 40 telephone; (631):444-0365 SUNY at Stony Brook Stony Brook,NY 11790-2356 2 New York City (Boroughs of 1Nanhaflan,Brookl Queens;&Staten Island Yfi,Brorrz, John Cryan NYS-DEC One Homers Point Plaza Tel (718)48211997 47-40 21st Street Long Island City,NY I 1 101 5401 3 Dutchess Orange,Putnam,Rockland,Sullivan, li Istcr& Wcstchesler:. Margaret Duke(Peg) NYS-DEC Tel (845j:Z56-3054 ZI•Sputh Putt CarnctsRoad New Palms,NY M61-1696 4 Albany,Columbia,Greene,Montgomery. Schenectady.. g m.Rensselaer & William Clarke NYS-DEC. Telephone (518j 357-2069 1150 North Wescott Road Schenectady NY 12306 2014 -0.. -Delaware,Otsego Sc Schoharie (sub-office) John fcitman. NYS-DEC Route 10 Pekphtmc- 60 652-7791 B 1 ;:Box 3A t. ..�" S[arrtford,NY 12167-9503 5 Clinton,lssex;Fra%nklin f larnihon Richard;lNild N'YSA)Et Tetep)ronc(518)997-1234 Route 86,PO Bo7r:296 Ray Brook,NY 12977-0 96 5 1 ulton,Sarato W (sub office) arson&Washington 7lromas-I•Iall' NYS-DEC. COunty�apte 40 . Tele�roac S 1 623=" PO$ox 320 Warrrnsburg,NY !2885:0220 6 Jefferson.Lewis&St_Lawrence Brian Fenton NY�DEC State Office.Building Telephone_ (3 IS)783-2245 317 Washington Street 6 Watertown,NY 13601a,3787 Herkimer$Oneida (sub-office) J.Joseph Homburger• NYS-DEC. State Office Building Telephone. (315)793-2555 207 Genesee Street Utica, Y 13561.26$S U25EK5 U1DE TO NY NATURE H RITAGE DATA New York Natural Heritage Program,625 13roadway,Albany,Ny 12233-4757(518)402 8935 NATURAL HERITAGE PROGRAM:.IheNatural Heritage a gram is 2n ongoing,systematic,scientific in whose — data in the rare plants and antmals.aative to,New York State,and sign�fieant ecological communities. he data provided in the jr -port conservation,and rtaturai resource management and help to conserve the,plants,animals and ecological co goal is for-port le and maintai natural-heritage: port facilitate soup ` _-.--- communities that'teptesent New Y,orlt DATA,SENSITIVITY: The dataprovided in the report areecologicallysensitive and should be treated in asens' use and should q0t be released,distributed or incorporated in a pub[ic document without prior pertrussioa from.t ittvemanner. Theieportisforyourin-hour NATURAL n he Natural::Heritage progn. ERITAGE ItEpORTS(rtiay contain any Of the following types of data): COUNTY NAME:County.where the occurrence of a rare species ar significant ecological corranunity is IogatetI: TOWN NAME: Town where the o: sp USGS 7%TOPO ccurrence of a rare ecies or significant ecological cornniunt is T GRAPHIC MAP.:Name of 7S rronute US Geological Surveyty ocated. (US(}S)quadrangle map(scale 1:24;000). SIZE(acres): Approximate acres occupied by the rare.species of significant ecological conununi of this SCIENTIFIC NAME: Scientific name of the.o COMMON NAME: Common Warne.of#lie oc ecurt�ence of a rare species or significant ecolo it location:A.blank:indiwtes unknown siu_ELEMENTTYPE:T currence of a rare species or significant tcologtcaI cornmunimt ype of element(i:e plant,aroma],significant ecological community,other,etc.) LAST SEEN: Year rare species of significant ecological comritunity Last observed extant at this location. EO RANK: Comparative oval A E_Extant:A=excellent,)3= on sv arizm9�e quality;condition;viability F =Failed to find.Did not locate Safi;0=poor;E=extant but with insufficient 8t defensibility of this occurrence: Use.with Ii Historical:Historical o species,but habitat is still there and further field work is ja to fied.rank of A-D. pennence without any recent field information. X =Extirpated:l ield/other data indicates element1habitat is destroyed and the element no longer exists ? =Ilnkoown. Blank=Not assigned_ at this location. NEW YORK STATE STATUS(animals):Categories of End Law section 11-0535. Endangered, Onge7ed and Threatened s Threatened,and Special Con pecies are defined in New York State Ea E =Endangered Species an species tern species are listed in regulation 6NYCRR 182.5_ vimmn ntal Conservatror 1) Any native Y which inlet one of the following criteria: 2 .- species in imminent danger of extitpation or extinction in New York. . A Threatened listed as endangered by the United States T=Threatened Species_any Dep nt ofthe Interior,as to 1) Any native y sPedes which meet one ofthe following criteria: umerated tlit.Code ofFederal species likely to become an endangered Regulations 30 CFR 17.11 SC) Any species Listed as threatened by the U.S- species within the foreseeable future in NI(Special Concern Speder those �Parlment of the Interior,as enumerated in the their continued we spectres which are not yet re co Code of-the Federal�g�Htionr 50 Environmental ]fare in New York Unlike the first two 8aized as endangered or threatened,but for which do CFR 17.1 t. Conservation Law section 11 0535 deg°ties,species of special copcedn cnntented eon P=Protected Wr7dlife(defined- v sec endangered and Threatened no additional le tern axis fo wildlife. Environmental Conservation Lave sectional Ie0103ecies) 1p Protection unde U =Unprotected(defined in En ).wild game,protected wild birds,and ends n to take may be required. viroorn"tal Conservation Law section 11-0103 : ge ed species o C' = Game(defined in En ) the species ma v'ironmental Con Y be.taken at any time without however a licerm Environmental Conservation Law•man n set vahon Law section 11-0103 : an of a Y onnally have an o ) 3' variety of big game or small NEW YORK STATE STATUS Pan season for at least part of the year,and are game spaces as stand in the Pm�cted at other tines. Conservation Law section 9-1503. The following categories are defined in regulation tiNY CRR part 193.3 and apply to NYS:Environmenta E=Endangered Species:listed species:are those with: ij S or fewer extant sites,or. 2) fewer than 1,000 individuals,or 3) restricted to fewer than 4 U.S-G.s.7 rh minute t 4) species listed as endangered by U.S. °��phical maps,or 7 =Threatened-listed species are those With:. arlmtnt of.Inttri(r,as enumerated in Code of Federal Re$titations�0. 1) 6 to fewer than 20 extant sites,�r 2) 1;0D0 to fewer than 3,000 individuals,or 3) restricted to not less than 4 or more than 7 U.S.G.S. .I and 1 muiute topographical a) Ile:listed to threatened by[I S Department of interior,as enutntrated in.Cod Federal Re'or R=Rare:listed species have: I)- 20 to 35 ext t gufations 50 CIiR 17:i L. an sites,or 3,000to 5,000 individuals statewide V=EXploitably vulnerable:listed The state if causal factors continue�un Jes are likely to become threatened in the uteri future throughout:all or.a significant Uhl inprotected;no state status_ chi°k� . portion oftheirran e . g within cnue . 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