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Home My WebLink About2010 April 15 memo to planning board from harris beech.pdf NFIELOWN OF Alice M.t lnrt 2'rauan Clerk WIWIWP 168 Enfield Main Rd Ithaca,New Fork 14850 Telephone: 607.273-8256 April 15,2010 Town of Enfield Planning Board James McConkey,Co-Chair Enfield Town Hall 168 Enfield Main Road Ithaca,NY 14850 Re: Black Oak Wind Farm Application(the `Project') Dear Mr.McConkey: Please accept this letter on behalf of the Town Board of the Town of Enfield("Town Board") as notice of its intention to act as Lead Agency for purposes of reviewing the above-captioned project(the"Project')pursuant to the New York State Environmental Quality Review Act ("SEQRA") and 6 N.Y.C.R.R. § 617.6(b)(3)(i) of the SEQRA regulations. Enclosed for your consideration is a copy of the Full Environmental Assessment Form for the Project and a Resolution passed by the Town Board on April 14, 2010, whereby it declared its intention to act as Lead Agency. The Town Board considers the Project a Type"I" action pursuant to 6 N.Y.C.R.R. § 617.6 of the SEQRA regulations, and upon its authorization to act as Lead Agency, intends to issue a Positive Declaration for the Project requiring the preparation of an Environmental Impact;Statement. In an effort to proceed with the SEQRA review in an efficient manner, we have provided below an opportunity for your agency to consent to the Town Board's intention to serve as Lead Agency by acknowledging this letter in the space provided below,and faxing an acknowledged copy to my attention at the facsimile number noted above. Please accept my thanks on behalf of the Town Board; please do not hesitate to contact me with any questions you may have. Very truly yours, Alice Linton Town Clerk Town of Enfield Enclosures cc: Roy L.Barriere, Supervisor,Town of Enfield Town Board Frank C. Pavia,Esq. 77 12 Ak 2422551363860.1 HARRIS BEACH ATTORNEYS AT LAW 99 GARNSEY ROAD PITTSFORD, NY 14534 (585)41 9-8800 FRANK C.PAVIA DIRECT: (585) 419-8709 June 10, 2010 FAX: (585) 419-8811 FPAVIA@HARRISBEACH.COM James McConkey, Co-Chair Town of Enfield Planning Board 168 Enfield Main Road Ithaca,NY 14850 Re: Town of Enfield, County of Tompkins Black Oak Wind Farm Project Notice of Positive Declaration Dear Mr. McConkey: We are special counsel to the Town of Enfield Town Board (the "Town Board"), and on its behalf, are forwarding the enclosed Notice of Positive Declaration that the Town Board has issued as Lead Agency for the above-captioned project pursuant to the New York State Environmental Quality Review Act ("SEQRA"). We have also enclosed a copy of the associated resolution adopted by the Town Board which directs that a scoping document and environmental impact statement be prepared for the project. Please accept our thanks on behalf of the Town Board for your assistance with this matter, and do not hesitate to contact our office if you have any questions. Very truly yours, Frank C. Pavia FCP:nac Enclosures cc: Roy L. Barriere, Town Supervisor Alice Linton, Town of Enfield Town Clerk Mark Tayrien, LaBella Associates 242255 1395877.1 State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Project Number Date: 6/09/10 This notice is issued pursuant Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Enfield Town Board, as lead agency, has determined that the proposed action described below may have a significant impact" on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Black Oak Wind Farm Project SEQR Status: Type 1 Unlisted Scoping: No Yes ® If yes, indicate how scoping will be conducted: A 30-day public written comment period and one public meeting will be held on a draft scoping document pursuant to 6 N.Y.C.R.R. § 617.8. Description of Action: The review of a wind power project consisting of 20 wind turbines, each with a nameplate capacity of 2.5 megawatts, to provide a total electrical generating capacity of 50 megawatts, on a project development area of 925 acres within the Town of Enfield. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Town of Enfield I SEQRA Positive Declaration Page 2 of 2 Reasons Supporting This Determination: 1) Construction will continue for more than 1 year. 2) Proposed action may result in impacts to wildlife, avian/bat 'species and an Important Bird Area as designated by NYSDEC. 3) Proposed action will cause a change in the existing density of land use. 4) Proposed action may involve a change in the character of the community. 5) Proposed action may result in visual impacts to the community. 6) Proximity of proposed action to Robert H. Treman State Park and the Connecticut Hill Wildlife Management Area. 7) Potential impact on state and federal wetlands. For Further Information: Contact Person: Alice Linton, Town Clerk, Town of Enfield Address: 168 Enfield Main Road, Ithaca, NY Telephone number: 1 (607) 273-8256 A copy of this is notice is being sent to: Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750 Chief Executive Office, Town/CityNillage of Enfield Any person requesting a copy All involved agencies Applicant (if any) Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233-1750 SEQRA POSITIVE DECLARATION RESOLUTION FOR BLACK OAK ROAD WIND FARM PROJECT WHEREAS, Enfield Energy, LLC (the "Applicant") has submitted an application pursuant to the Town of Enfield's Wind Energy Facilities Law (the "Wind Energy Law") proposing to develop a commercial site at Black Oak Road and at various other locations within the western portion of the Town of Enfield for the purpose of constructing a commercial-scale wind farm(the "Project"); and WHEREAS, the Applicant desires to facilitate a review of the Project pursuant to the Wind Energy Law which will include an environmental assessment of the Project pursuant to the New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and its implementing regulations at 6 N.Y.C.R.R. Part 617 (collectively referred to as "SEQRA"); and WHEREAS, in addition to submitting its zoning application, the Applicant submitted an expanded Full Environmental Assessment Form("FEAF") as required by SEQRA; and WHEREAS, on or about April 14, 2010, the Town Board of the Town of Enfield (the "Town Board") determined the Application to be substantially complete for the purpose of commencing a SEQRA review; and WHEREAS, on or about April 14,2010,the Town Board further declared its intent to act as Lead Agency in order to complete a coordinated review of the Project pursuant to Section 617.6(b)(3) of the SEQRA regulations; and WHEREAS, thirty(30) calendar days have passed since the Town Board's mailing of its intent to act as Lead Agency for the SEQRA review of the Project, and no objection to the Town Board acting as Lead Agency has been made by any of the involved agencies noticed therein; and WHEREAS, as required by the SEQRA regulations, the Town Board has thoroughly reviewed the FEAF for the Project; has identified the relevant areas of environmental concern; and has taken a hard look at those concerns, considering both the magnitude and importance of each impact; and WHEREAS, upon review of the information recorded on the FEAF, it is determined that the Project may result in one or more large and important impacts that may have a potential significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TOWN OF ENFIELD TOWN BOARD AS FOLLOWS: Section 1. The Town Board accepts its role as Lead Agency for the SEQRA review of the Project and authorizes the Town Supervisor to undertake any and all steps necessary to carry out the Town Board's obligations as Lead Agency pursuant to SEQRA. Section 2. The Town Board determines that a Positive Declaration, as that term is defined by the SEQRA regulations, is required for the Project, and that a notice of the Positive Declaration shall be filed in accordance with the requirements of SEQRA and a draft environmental impact statement("DEIS")be prepared as applicable. Section 3. The Town_Board further directs that a Draft Scoping Document for the DEIS be sent to all applicable involved agencies and interested agencies, and copies of the Draft Scoping Document be made available for the general public to review at locations determined to be appropriate by the Town Supervisor. Section 4. The Town Board further directs that a public comment period be established wherein written comments on the Draft Scoping Document can be submitted by the general public to the Town Board. Section 5. The Town Board further directs that notice of this resolution shall be filed and circulated to the extent required by any applicable ordinance, statute or regulation. 242255 1388246.1 2