HomeMy WebLinkAboutDSEIS-Appendix-A_Findings-Statement-Issued-by-the-Town-of-Enfield.pdf
New York State Environmental Quality Review Act
Lead Agency Findings Statement
for the
Black Oak Wind Farm
Town of Enfield
County of Tompkins, New York
Lead Agency:
Town Board of the Town of Enfield
Project Sponsor:
Black Oak Wind Farm, LLC
Contact:
Supervisor, Ann Rider
Enfield Town Hall
168 Enfield Main Road
Ithaca, New York 14850
(607) 277-3478 January __, 2015
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NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT
TOWN BOARD OF THE TOWN OF ENFIELD
FINDINGS STATEMENT
BLACK OAK WIND FARM PROJECT
This document is a Findings Statement prepared pursuant to the New York State Environmental
Quality Review Act, Article 8 of the Environmental Conservation Law and the regulations
promulgated thereto at 6 N.Y.C.R.R. Part 617 (collectively referred to as “SEQRA”) by the
Town Board of the Town of Enfield (the “Town Board”) as Lead Agency for the proposed Black
Oak Wind Farm project (the “Project”).
This Findings Statement draws upon the matters set forth in the SEQRA record including the
environmental impact statement consisting of the Draft Environmental Impact Statement
(“DEIS”) accepted by the Town Board on June 12, 2013, the Final Environmental Impact
Statement (“FEIS”) accepted by the Town Board on November 12, 2014, as well as the public
comments on the DEIS received at the July 10, 2013 public hearing and during the public
comment period which was conducted from June 12, 2013 through July 22, 2013. (Collectively,
the DEIS and the FEIS are referred to as the “EIS”).
The purposes of the EIS is to identify and evaluate the potential significant adverse
environmental impacts of the Project, compare the reasonable alternatives, and, where
applicable, to identify reasonable mitigation measures to reduce the effect of those impacts to the
maximum extent practicable while weighing the substantial potential social and economic
benefits of the Project.
2.0 DESCRIPTION OF ACTION
The Project is proposed to be located on 930 acres of leased land in the Town of Enfield, County
of Tompkins, State of New York (the “Project Site”).
The Project Site is located on rolling, elevated plateaus that are dissected by tributaries (and their
associated ravines) to Seneca Lake, Cayuga Lake, and the Susquehanna River. Elevations in the
area range from approximately 1,600 to 2,000 feet above mean sea level (amsl). Within and
adjacent to the Project Site the majority of the upland area primarily consists of northern
deciduous forest and open crop fields (primarily hay) and pastures. Existing built features
include single-family homes, seasonal homes, communication towers, barns, silos, commercial
scrap yard, and other agricultural buildings.
At the time the DEIS was prepared, the Project was proposed to consist of seven wind turbines,
each with a nameplate capacity of 1.8 megawatts (MW) for a total generating capacity of 12.6
MW. The Project was also proposed to include the construction of associated components
including a system of gravel access roads, buried 34.5 kilovolt (kV) electrical collector lines, two
temporary construction staging areas and a collection and transforming station. The Project was
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to be developed on approximately 1,060 acres of leased land, or land that was subject to lease
negotiations at the time of the DEIS.
As a result of both the review conducted through the DEIS and the change in the kind of turbines
to be used by the Project Sponsor, the configuration of the Project was ultimately reduced in size.
The Project now consists of 7 wind turbines, each with a nameplate capacity of 1.7 MW for a
total generating capacity of 11.9 MW. The Project still includes a system of gravel access roads,
buried 34.5 kV electrical collector lines, one temporary construction staging area, and a
collection and transforming station. However, the Project Site now only includes approximately
930 acres of leased land. If approved, construction would begin in the spring of 2015.
3.0 PUBLIC NEED AND BENEFIT
The purpose of the Project is to create a wind-powered electrical-generating facility that will
provide a significant source of renewable energy to the New York State power grid. The Project
would facilitate compliance with the Public Service Commission (PSC) “Order Approving
Renewable Portfolio Standard (RPS) Policy” issued on September 24, 2004. This Order calls for
the use of renewable energy in the state to increase to 25% (from the then level of 19%) by the
year 2013 (PSC, 2004a). In 2008, the PSC increased the RPS goal to 30% by 2015 (NYSERDA,
2012).
The New York State Energy Plan contains a series of mandatory policy objectives that the
Project will assist in achieving, including increasing the use of energy systems that enable the
State to significantly reduce greenhouse gas emissions, while stabilizing long-term energy costs
and improving the State’s energy independence through development of in-state energy supply
resources (New York State Energy Planning Board, 2009). The State Energy Plan recognizes
that wind energy projects will play a role in fulfilling this objective.
The Project will have significant, long-term beneficial effects on the use and conservation of
energy resources. The Project will generate approximately 11.9 MW of electricity without
consuming water or producing toxic emissions. This greatly exceeds the energy required to
construct and operate the Project, and the output is enough to power approximately 6,000 homes
in New York State (on an average annual basis).
The Project will add to and diversify the state’s sources of power generation, accommodate
future growth in power demand through the use of a renewable resource (wind), and over the
long term will displace some of the state’s older, less efficient, and less environmentally
sustainable sources of power and/or the amount of energy imported into the state. Wind energy
generation results in reductions in air emissions because of the protocol utilized to manage the
electric power system.
4.0 TOWN BOARD JURISDICTION AND SEQRA PROCESS
The Town Board, as the Lead Agency pursuant to SEQRA, issued a Positive Declaration on June
9, 2010, requiring the preparation of a DEIS. The DEIS was accepted as complete on June 12,
2013 and copies of the DEIS were subsequently delivered to involved/interested agencies and
individuals, and posted to the website, www.blackoakwindny.com.
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Opportunities for detailed agency and public review were provided during the DEIS public
comment period that was held from June 12, 2013 through July 22, 2013. A public hearing was
also conducted by the Lead Agency on July 10, 2013 at the Enfield Community Building, 182
Enfield Main Road, Ithaca, New York.
The following is a list of the interested and involved agencies that participated in the SEQRA
review of the Project:
• The New York State Department of Environmental Conservation
• The New York State Public Service Commission
• The New York State Department of Transportation
• Tompkins County Health Department
• The New York State Office of Parks, Recreation and Historic Preservation
• The New York State Department of Agriculture and Markets
• The US Army Corps of Engineers
• Town of Enfield Highway Department
• Tompkins County Area Development
• Tompkins County Planning Department
• Tompkins County Highway Division
• Towns of Ithaca, Ulysses, Newfield, Hector, Catharine and Schuyler
• County of Schuyler
The FEIS was issued by the Town Board on November 12, 2014 and a Notice of Completion of
the FEIS was forwarded to the Environmental Notice Bulletin for publication on November 21,
2014.
5.0 DATE FINAL ENVIRONMENTAL IMPACT STATEMENT ISSUED
The FEIS was issued by the Town Board on November 12, 2014.
6.0 FACTS AND CONCLUSIONS RELIED ON TO SUPPORT FINDINGS
STATEMENT
The conclusions set forth in this Findings Statement consider the relevant environmental
impacts, facts and conclusions disclosed in the EIS; weigh and balance relevant environmental
impacts with social, economic, and other considerations; and provide a rationale for the Town
Board’s decision regarding the potential significant adverse environmental impacts associated
with the Project, and the mitigation measures to be implemented to reduce and/or minimize such
impacts to the maximum extent practicable.
This Findings Statement also certifies that the requirements of 6 N.Y.C.R.R. Part 617 have been
met, and certifies that consistent with social, economic and other essential considerations from
among the reasonable alternatives evaluated, the action chosen is the one which avoids or
minimizes adverse environmental impacts to the maximum extent practicable, while at the same
time maximizing the social and economic benefits provided by the Project, and that adverse
environmental impacts will be avoided or minimized to the maximum extent practicable by
incorporating as conditions those mitigation measures that were identified as practicable.
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The findings contained herein are based on the full record of the proceedings and submissions
that were presented to the Town Board and included as part of its administrative record. The
potential significant adverse environmental impacts reviewed in the DEIS and FEIS, the analysis
conducted related to each potential impact, and the required mitigation and conditions, as
applicable, are summarized below.
6.1 Project Alternatives Considered
Section 617.9(b)(5)(v) of the SEQRA regulations requires that an environmental impact
statement contain a description and evaluation of the range of reasonable alternatives to the
action that are feasible, considering the objectives and capabilities of the Project Sponsor.
Although it is not necessary to consider all possible alternatives, those that achieve the same or
similar objectives of the Project Sponsor, have relatively the same or reduced environmental
impacts, and can be implemented in a timeframe similar to that of the proposed action, should be
considered. Section 6197.9(b)(5)(v) of the SEQRA regulations further provides that the
description and evaluation of each alternative should be at a level of detail sufficient to permit a
comparative assessment of the alternatives discussed, but will vary with the circumstances and
natures of each alternative.
The following alternatives to the proposed action are described and evaluated: no action,
alternative project sites; alternative project design/layout; alternate project size; alternative
technologies; alternative construction phasing; and alternatives that avoid significant impacts.
These alternatives offer a potential range and scope of development for comparative analysis and
consideration.
The no action alternative assumes that the Project Site would continue to exist as agricultural,
forested, successional and rural residential land. This no action alternative would not affect on-
site ambient noise conditions, construction traffic or public road conditions, wildlife or wildlife
habitat, wetlands and streams, or television/communication systems, and would maintain
community character, economic and energy-generating conditions as they currently exist.
Under this alternative, no wind turbines or infrastructure (e.g., roads, buried or above ground
electrical interconnects, and substations) would be developed on the site. Consequently, none of
the environmental impacts associated with the Project would occur. In addition, no economic
benefits would accrue to the community. These unrealized economic benefits would include
income from construction jobs, lease payments to the landowners, and annual PILOT payments
to the affected Town, school district, and County. Annual revenues to the Town of Enfield,
Tompkins County, and the school district remain to be negotiated in the final terms of a PILOT
agreement, but are anticipated to be approximately $100,000 per year for the first 15 years of
Project operation, declining thereafter based on depreciation. Under the no action alternative,
multiplier effects from these economic benefits would also not be realized. Furthermore, the
benefits of adding up to 11.9 MW of clean, renewable electric energy to the power grid would be
lost, and this renewable energy would not be available to off-set electricity produced by fossil-
fuel-fired generators, which contribute to emissions of sulfur dioxide (a precursor of acid rain),
nitrogen oxide (a smog precursor), and carbon dioxide (a greenhouse gas). Given the short-term
nature of anticipated construction impacts and the generally minor long-term impacts of Project
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operation, as compared to the significant economic benefits that the Project would generate, the
no action alternative is not considered a preferred alternative.
Under 6 NYCRR § 617.9(b)(5)(v)(g), site alternatives addressed in an EIS may be limited to
parcels owned by, or under option to, a private project sponsor. The Project Sponsor does not
own, lease or have under option, any contiguous parcels in Tompkins County other than those
that constitute the Project Site. Therefore, there is no requirement to evaluate any alternative
project sites. Nonetheless, this section provides background information on the selection of the
Project Site to facilitate understanding of the criteria that the Project Sponsor employed.
The preliminary selection of wind turbine locations on a regional or statewide basis is
constrained by several factors that are essential for the Project to operate in a technically and
economically viable manner. These factors include the following:
• adequate wind resource;
• adequate access to the bulk power transmission system, from the standpoints of
proximity and ability of the system to accommodate the interconnection and accept
and transmit the power from the Project;
• contiguous areas of available land;
• compatible land use;
• willing land lease participants and host communities; and
• limited population/residential development.
In selecting a specific project site, several design factors greatly favor rural areas for commercial
wind development, particularly turbine spacing and setback requirements. Generally,
approximately 60 acres of land is required for each MW-scale wind turbine to perform properly
under New York state wind conditions. Although the actual footprint of the wind turbine is
much smaller, this amount of airspace is generally required to minimize effects turbines have on
one another when sited down wind. A dense array of wind turbines may result in reduced wind
capture and impose unacceptable stresses on operating wind turbine components. These larger
land requirements also favor other design considerations including acceptable setback distances
from residential areas.
In addition to local landowner support, the Project Sponsor continued with the development of a
community based wind project for the following reasons:
• It provides a desirable wind resource based upon an ongoing meteorological
monitoring program initiated in November 2006.
• It is immediately adjacent to the NYSEG Montour Falls – Coddington Road Line; a
suitable 115kV interconnection transmission facility, which has available capacity to
transmit power from the Project to the New York State grid;
• The site is relatively rural, and the area within the vicinity of the proposed Project
generating site is of low population and residential density. Therefore turbines on the
site will generally be remote from significant population centers and occupied
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structures and will readily exceed setback requirements as set forth in the Town’s
Wind Energy Law.
In addition, the Project Site includes existing farm lanes within the generating site that can be
upgraded, thereby minimizing impacts associated with construction access roads in new
locations.
The design and layout of the Project and the Project size represent a continuous process of
evaluating alternatives. In addition to the no action alternative, the key layouts explored through
this process provide the basis for this alternatives analysis: a 20 turbine layout (2009), a 13
turbine layout (2011), and the currently proposed seven-turbine layout.
The initial 20-turbine layout was generated based almost solely on maximizing the wind
generation and energy output or wind resource optimization and served as a starting point for
desktop and on-site evaluation of environmental impacts. As mentioned previously, various
siting constraints dictate the size and layout of a wind power project. These constraints make a
significantly larger project highly unlikely. A larger project has the potential to result in location
of wind turbine towers in areas that do not have ideal wind resources, and would also require
installation of more turbines in areas with more sensitive resources, constructability issues and/or
higher population density. Although a larger facility would have more economic value, the
greater environmental and social impacts do not justify the increased power generation potential
of the Project. In the case of the 20- turbine layout it was determined that the turbines were
spaced too close, therefore modifications to the array design were necessary to minimize the
power loss due to increased wake effect and turbulence, as well as turbulence induced
component wear.
The initial Project footprint was maintained but the Project layout was reduced to 7 turbines,
which increased spacing between turbines in the interest of wind resource optimization.
Additionally, the 7-turbine layout reduces other land disturbance impacts associated with
construction related grading and conversion of land to built facilities, as compared to the 20 and
13-turbine alternative. However, after further environmental review, specifically to impacts
relating to noise and additional wind resource optimization, it was determined that further
reduction of the number of turbines was needed.
A project of significantly fewer turbines than the currently proposed seven turbine layout has the
potential to pose challenges to the economic feasibility of the Project, particularly given the
estimated interconnection costs in excess of $4 million, and the Project’s other substantial fixed
and soft costs. If the proposed number of turbines is significantly reduced beyond the 7-turbine
alternative, the economic feasibility of the Project would be jeopardized and the maximum
benefit of the available wind resource would not be realized. As previously mentioned, part of
the objective of the proposed action is to create an economically viable wind-powered electrical-
generating facility. Therefore, the current seven-turbine layout was proposed within a similar
footprint to maximize the wind resource on-site without overbuilding the Project Site, while
maintaining an economically viable project.
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6.2 Geology, Soils and Topography
6.2.1 Discussion of Potential Impacts
The Project Site is located in the Allegheny Plateau segment of the Appalachian Plateau
physiographic province (USDA, 1965). This area is characterized as a mature, eroded plateau
with gently rolling uplands and valley topography. Valleys in the vicinity of the Project Site are
associated with the Cayuga Inlet, Enfield Creek, and tributaries to Cayuga and Seneca Lakes.
Regionally, the ground surface generally slopes down from the southwest to the northeast.
Slopes generally range from 0 to 20 percent. Elevations in the Project Site range from
approximately 1,450 feet amsl in the northeast corner of the site to approximately 1,960 feet
amsl on Buck Hill.
The bedrock within the Project Site is composed of shale and sandstone of the Devonian Age.
The major bedrock formation in the Project Site is the Beer Hill Shale of the West Falls Group;
bedrock ranges from approximately 3.8 to 60 feet within the Project Site. No rock outcrops,
large boulders, ledges, or steep slopes were observed in upland areas or in the vicinity of
proposed wind turbine locations. Surface geological materials are primarily glacial till, which is
composed of poorly sorted material of variable texture that was deposited beneath glacial ice.
These soils consist of a mixture of clay, silt, sand, gravel, cobbles, and boulders in varying
proportions.
The primary impact to the physical features of the Project Site will be the disturbance of soils
during construction, primarily associated with the installation of foundations, underground 34.5
kV cable, and access roads. Soil disturbance from all anticipated construction activities will total
approximately 48.9 acres. Of this total, only approximately 6.8 acres will be converted to built
facilities (roads, cranepads, structures), while the remaining approximately 42.1 acres will be
restored and stabilized following completion of construction. Approximately 38.4 acres of land
classified as farmland of statewide importance will be impacted by Project construction, of
which 3.9 acres will be permanently impacted. No land classified as prime farmland will be
impacted by Project construction. Approximately 18.3 acres of soils listed as hydric by the U.S.
Department of Agriculture’s Natural Resources and Conservation Service (NRCS) will be
impacted by Project construction, of which 1.9 acres will be permanently impacted and the
remainder will be restored post-construction. Approximately 2.6 acres of soils exceeding 15
percent slope will be impacted, of which 0.5 acre will be permanently impacted. There will be
no impacts to soils with slopes in excess of 25 percent. Permanent impacts on steep slopes are
associated with installation of two short sections of access road and co-linear buried collection
lines. The actual impact of this work will likely be less than these calculations indicate, due to
conservative calculation methods and the proposed use/upgrade of existing farm lanes to access
most turbines sites.
6.2.2 Minimization and Mitigation Measures
The Project will result in permanent conversion of approximately 6.8 acres of land into built
facilities (0.02 acre of foundation at each tower site, maximum 15-foot-wide permanent access
roads, and an approximately 1.0-acre substation). Beyond occasional soil disturbance associated
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with Project maintenance and repair, impacts caused by the operation of the Project on
physiology, geography, and soils are expected to be minimal.
Impacts to physiography or geology have been largely avoided by siting Project components so
as to minimize disturbances to steep slopes, sensitive soils, and bedrock. It is not expected that
blasting will be employed for the excavation of tower foundations. In the event that blasting in
select locations is required, mitigation measures will include the development and
implementation of a blasting plan that limits offsite impacts. This plan will address blast size,
timing, and sequencing to focus force within the area of excavation. All necessary blasting will
receive oversight by an Environmental Monitor. In addition, pre-notification signs and warnings
to affected landowners, use of best management practices, and compliance with applicable
permit requirements will be instituted as mitigation measures. At a minimum, the written pre-
blast survey and final basting plan will conform to the following:
• Structures within a minimum distance of 1,500 feet from any blasting activity shall be
surveyed as part of the pre-blast survey. The extent beyond the 1,500-foot minimum
shall be determined by the contractor, their blasting subcontractor, and their insurance
companies. A pre-blast well survey will also be completed if a well is located within
1,000 feet. This well pre-blast survey will include yield and turbidity measurements.
• The final blasting plan shall addresses air-blast limits, ground vibrations, and maximum
peak particle velocity (PPV) for ground movement including provisions to monitor and
assess compliance with the air-blast, ground vibration and PPV requirements established.
• The blasting plan shall meet criteria established in Chapter 3 (Control of Adverse Effects)
in the Blasting Guidance Manual of the United States Department of the Interior Office
of Surface Mining Reclamation and Enforcement.
Additional potential impacts associated with soil disturbance (erosion, sedimentation,
compaction) have been minimized by siting turbines in relatively level locations where
practicable and using existing roads for turbine access wherever possible. Impacts to soils will
be further minimized by the following means:
• Public road ditches and other locations where runoff is concentrated will be armored with
rip-rap to dissipate the energy of flowing water and to hold the soils in place.
• Prior to commencing construction activities, erosion control devices will be installed
between the work areas and downslope surface waters or wetlands, to reduce the risk of
soil erosion and siltation.
• During construction activities, hay bales, silt fence, or other appropriate erosion control
measures will be placed as needed around disturbed areas and stockpiled soils.
• Following construction, all temporarily disturbed areas will be stabilized and restored in
accordance with approved plans.
Impacts to soil resources will be minimized by adherence to “best management practices” that
are designed to avoid or control erosion and sedimentation, stabilize disturbed areas, and
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minimize the potential for spills of fuels or lubricants. In general, erosion, sedimentation, and
soil drainage impacts during construction will be minimized by the implementation of an erosion
and sedimentation control plan developed as part of the Stormwater Pollution Plan (SWPPP) in
satisfaction of the State Pollution Discharge Elimination System (SPDES) General Permit.
Erosion and sediment control measures shall be constructed and implemented in accordance with
an erosion and sediment control plan. The plan shall:
• Describe the temporary and permanent structural and vegetative measures that will be
used to control erosion and sedimentation for each stage of the Project.
• Provide a map showing the location of erosion and sediment control measures.
• Provide dimensional details of proposed erosion and sediment control facilities as well as
calculations used in the siting and sizing of any sediment basins.
• Identify any temporary erosion and sediment control facilities that will be converted to
permanent stormwater management facilities.
• Provide an implementation schedule for staging temporary and permanent erosion and
sediment control facilities.
• Provide a maintenance schedule for soil erosion and sediment control facilities and
describe maintenance activities to be performed.
• Erosion and sediment control measures shall be constructed prior to beginning any other
land disturbances. The devices will not be removed until the disturbed land areas are
stabilized.
Mitigation measures to protect and restore agricultural soils will be undertaken during and after
construction. These will include full restoration of temporarily disturbed agricultural land in
accordance with NYSA&M Agricultural Protection Guidelines. For example, topsoil will not be
stripped and cranes will not cross fields during saturated conditions when such actions would
damage agricultural soils. This restriction may be a limiting factor for construction activities
after heavy rainfalls during any season, particularly in the early spring (due to snowmelt).
Existing access roads will be used for access to farmland to the extent practicable. However, for
any new access roads that are required, topsoil in the work area will be stripped and stockpiled
outside the area of disturbance, yet within the property from which it was removed. All
vehicular movements and construction activity will be restricted to areas where topsoil has been
removed. Approximately 40.5 acres of temporarily disturbed soils will be restored following
construction, including approximately 23.5 acres of agricultural land. Restored areas will
include tower sites, road edges, temporary roads, and staging areas. This process will generally
involve the following sequence of activities:
1. Removal of gravel or other temporary fill.
2. De-compaction of compacted subsoils using a deep ripper.
3. Disking and removal of stones from de-compacted subsoil.
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4. Spreading of stockpiled topsoil over de-compacted subsoil to reestablish pre-construction
contours to the extent practicable.
5. Disking and removal of stones from re-spread topsoil.
6. Seeding and mulching topsoil. Seed selection in agricultural fields will be based on
guidance provided by the landowner and the NYSA&M.
Soil impacts during construction will also be minimized by providing the contractor and all
subcontractors with copies of the final construction documentation and plans, which will contain
all applicable soil protection, erosion control, and soil restoration measures. One or more pre-
construction meetings will be held with the contractor and a representative of the NYSA&M,
and, during construction, the Environmental Monitor will assure compliance with the
construction plans and soil protection measures described above. An Agricultural Data
Statement will be filed pursuant to Section 305-a of the Agricultural and Markets Law.
6.2.3 Findings
Potential impacts to geology, soils and topographical resources will be avoided, minimized
and/or mitigated to the maximum extent practicable with implementation of the requirements set
forth in Section 6.2.2 above.
6.3 Water Resources
6.3.1 Discussion of Potential Impacts
Construction of the Project may result in certain localized and minor impacts to groundwater.
Potential groundwater impacts include:
• Localized and temporary impacts to groundwater levels resulting from dewatering
activities during excavation and construction of turbine foundations;
• Insignificant impacts to groundwater from buried Project components;
• Minor disturbance of groundwater recharge from the creation of impervious surfaces;
• Increased turbidity in nearby wells should blasting be required; and
• Accidental discharge of pollutants during construction.
Foundation excavations are not expected to exceed 20 feet below ground surface. In order to
maintain a dry excavation, the groundwater level will likely be lowered up to 5 feet below the
depth of the excavation. Dewatering activities will temporarily lower groundwater levels within
the immediate vicinity of the excavation during pumping. No impact on residential wells is
expected because no turbines will be located within approximately 900 feet of a residential
structure. Additionally, the pumped water will be discharged back into the Project Site allowing
for infiltration into the aquifer. Therefore, any impacts will be very localized and temporary.
Because the Project Site is larger than one acre, NYSDEC will likely require a SPDES permit for
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the Project. As a result, a SWPPP will be submitted as part of the construction documents.
Discharge and treatment of pumped water will be performed as stipulated in the SWPPP to
eliminate impacts to residential potable water supplies.
Excavations for buried electrical collection lines are not expected to exceed 10 feet below
existing ground surface. As potable groundwater is found at depths greater than ten feet below
existing ground surface, no significant impact will result from these excavations or the buried
electrical lines. The substation and service roads are essentially surface features, and neither will
extend to depths that would impact the aquifer or groundwater. The service roads are surface
features that are not expected to disturb bedrock. The substation will likely require shallow
foundations and slab on grade construction less than 5 feet below grade and, therefore, also will
not significantly impact groundwater.
The Project Site covers an area of approximately 930 acres of land. Construction of each wind
turbine will result in approximately 0.02 acres of impervious surface. Considering the additional
impervious surface associated with construction of the substation, a total long-term impervious
surface area of 0.2 acres has been estimated for the Project Site. This conservative estimate
results in a total impervious surface area of less than 0.02% of the Project Site, which will not
significantly alter the recharge area of the aquifer. Additionally, because stormwater will be
shed to the sides of these impervious surfaces and drain into the vegetated soils, the total quantity
of water recharging the aquifer in the Project Site will not be significantly reduced as a result of
construction.
During construction, direct or indirect impacts to wetlands and surface waters may occur as a
result of the installation of access roads, the upgrade of local public roads, the installation of
buried electrical collection lines, and the development and use of temporary workspaces around
the turbine sites. Direct impacts, including clearing of vegetation, earthwork (excavating and
grading activities), and the direct placement of fill in wetlands and surface waters, are typically
associated only with the development of access roads and workspaces. The construction of
access roads, or the upgrade of local public roads, may result in both permanent (loss of
wetland/surface water acreage) and temporary impacts to wetlands. The development and use of
temporary workspaces may result in temporary impacts to wetlands/streams. The installation of
buried electrical collection lines may temporarily disturb streams and wetlands during
construction as a result of clearing (brushogging, or similar clearing method not requiring
removal of rooted woody plants) and soil disturbance from burial of the electrical collection
lines. In addition, it is anticipated that concrete will be used for wind turbine and substation
foundations. Cement truck washout will be performed as stipulated by the SPDES permit.
Therefore, no impact to wetlands will occur from the use of concrete within the Project Site.
Indirect impacts to wetlands and surface waters may result from sedimentation and erosion
caused by construction activities (e.g., removal of vegetation and soil disturbance). These
indirect impacts may occur at wetlands adjacent to work areas where no direct wetland impacts
are anticipated, including areas adjacent to proposed access road upgrade/construction, buried
collection lines, turbine sites, staging areas, met tower, or the substation. The construction of
wind turbine foundations could potentially result in concrete being spilled into adjacent wetlands
or water courses.
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Based on an analysis of the Project layout and the wetland delineation conducted in June 2013, ,
approximately 0.07 acre of temporary wetland/stream impacts are anticipated to occur due to
Project construction. These impacts primarily involve temporary placement of fill to
accommodate proposed Project access road construction and temporary soil disturbance
associated with the installation of buried electrical collection lines.
Following Project construction, if any wetland areas are temporarily impacted, such areas will be
restored. Restoration is anticipated to include the following:
• To the extent any 200 foot radius turbine workspace cannot avoid a wetland area, such
temporary workspace will be reduced to a footprint of 0.2 acre (60 foot by 100 foot
gravel crane pad, 18 foot diameter turbine pedestal, and a 6 foot wide gravel skirt around
the tower base) thereby allowing restoration of the wetland area. It should be noted,
however, that turbine work spaces will be shifted to avoid temporarily impacting
wetlands to the greatest extent practicable.
• 40 foot wide access roads will be reduced to maximum width of 25 feet (except where
unstable soil conditions or severe erosion hazard preclude restoration).
• Buried electrical collection line routes will be allowed to regenerate naturally.
In addition, during all aspects of construction, any stockpiled soil and/or spoil material will only
be temporary (i.e., spread and graded to match original contours following construction
activities). Proper methods for segregating stockpiled and spoil material will be implemented,
and excavated soil will be reused to the maximum extent possible on the site that it was
excavated from, as a means to limit opportunities for proliferation of non-native flora and other
invasive species. The Project shall utilize an Invasive Species Control Plan (ISCP) to minimize
the spread of invasive species within federal and state regulated wetlands, streams, and other
riparian areas affected by wind development activities on-Site.
Permanent impacts to surface waters and wetlands (loss of surface water/wetland acreage) will
result from the footprint of permanent access roads necessary to accommodate long-term
maintenance and operation activities. Based upon the preliminary layout, the permanent
footprint of access roads (assumed to be a maximum of 15 feet wide) is anticipated to result in
0.02 acre of permanent impacts to wetlands/streams.
Impacts to surface waters and wetlands primarily occur during Project construction. The
operation of the constructed facility is not anticipated to have significant adverse impacts to
wetlands, streams, or other surface waters within the Project Site. Vehicular access to the
turbines, substation, and met tower will be completely established during Project construction,
and routine operation and maintenance procedures are not anticipated to result in significant
adverse impacts. Minor and isolated incidences of impact may occur, which could have a
minimal impact to surface waters or wetlands in or adjacent to the Project Site, including buried
electrical collection line maintenance, access road washouts, culvert replacement/maintenance,
or accidental fuel/chemical spills. In addition, during Project decommissioning, access roads
will need to be widened to allow access for large trucks and cranes to turbines, resulting in
temporary impacts. Also, in the event of a catastrophic event (e.g., turbine fire, blowdown, blade
13
failure), when large trucks and cranes may again need to access all or portions of the Project Site,
temporary impacts to wetlands will occur.
Indirect impacts to floodplains could result from soil sedimentation caused by construction
activities, such as soil disturbance and the removal of vegetation. However, given the distance
that floodplains lie from the Project Site, and with the implementation of mitigation measures
that have proven effective at keeping soil sedimentation at very low levels, no adverse impacts to
floodways are anticipated. The Project will not result in wide-scale conversion of land to
built/impervious surfaces. Consequently, no significant changes to the rate or volume of
stormwater runoff are anticipated. However, installation of permanent Project components could
result in localized changes to runoff/drainage patterns. Culverts and waterbars will be installed
to maintain natural drainage patterns. Appropriately sized culverts (minimum 12 inches) will be
placed in any wetland/stream crossings in accordance with state and federal permit requirements.
In other locations, culverts may also be used to assure that the roads do not impede cross
drainage and to provide stormwater control. If culverts are required during Project construction,
the Project Sponsor will provide drainage design and calculations to the County or Town for
review. Any ditches or other water conveyance structures will be assessed prior to any
disturbance to determine if they are part of a stream or wetland and subject to USACE
jurisdiction. Where Project construction is adjacent to, or cross, wetlands, streams or drainage
ditches/swales, appropriate sediment and erosion control measures will be installed and
maintained according to the Project-specific NYSDEC-approved SWPPP for the Project.
6.3.2 Minimization and Mitigation Measures
The groundwater analysis for the Project provides that the following minimization and mitigation
measures be completed:
• As the Project Site is over 1 acre in size, a NYSDEC SPDES permit will be required
during construction of the proposed Project. Any water pumped from the ground as a
result of dewatering excavations will be treated and discharged as stipulated in the
SPDES permit. Temporary impacts to the local shallow groundwater due to pumping
will not be significant; therefore, no mitigation is required.
• The Project will not require a potable water source and therefore will not withdraw any
water from the aquifer. As no potable water is anticipated for use at the Project, no
mitigation for water withdrawals is required.
• The construction and presence of each individual wind turbine will not impact the aquifer
more significantly than a new residential property. Further, the total area of impervious
surface created by the construction of the Project has been conservatively estimated to be
less than 0.02% of the total acreage comprising the Project Site. Based on this limited
impact, no mitigation is required.
• Hydraulic hammers or dozer-mounted rippers should be used to reach the minimum
foundation depth in areas were bedrock is encountered. Blasting should not be necessary;
however, a blasting plan will be developed if the need should arise. In order to mitigate
potential impacts from blasting, it is recommended that no blasting of bedrock be
14
performed in the Project Site with 1/10 mile of an existing residence. The Project
specifications should be prepared to include this limitation on the use of blasting.
• Groundwater could be impacted as the result of accidental spills due to construction and
maintenance activities. Project specifications should include measures for contractors to
mitigate these potential impacts. These measures should include requiring the contractor
to maintain good housekeeping practices throughout the Project, perform vehicle
maintenance and refueling on impervious surfaces, and keep a spill cleanup kit readily
available near refueling and maintenance areas during construction activities. Further,
after construction is complete a spill cleanup kit should be maintained at a central
location for use during maintenance activities. Finally, the project specifications should
require the contractor to comply with all applicable NYSDEC spill regulations.
No compensatory mitigation for indirect or temporary impacts to wetlands or streams is
proposed because these impacts will not result in any loss of wetland acreage. However, to the
extent that Project activities may result in other temporary direct and indirect impacts to
wetlands/streams (other than loss of wetland acreage which will not occur as a result of
temporary impacts), such impacts will be minimized during construction as discussed below.
The direct impacts to wetlands/streams will be minimized by utilizing existing or narrow
crossing locations whenever possible. Upgrading existing crossings that are under-
maintained/undersized will have a long-term beneficial effect on water quality, as it will help to
keep not only Project-related components from disturbing surface waters, but also farm
equipment and other vehicles that are unrelated to the Project and currently operate in the Project
Site. Special crossing techniques, equipment restrictions, herbicide use restrictions, and erosion
and sedimentation control measures will be utilized to reduce adverse impacts to water quality,
surface water hydrology, and aquatic organisms. In addition, clearing of vegetation along stream
banks and in wetland areas will be avoided or minimized to the greatest extent practicable.
Where crossings of surface waters and wetlands are required, the Project Sponsor will employ
the Best Management Practices associated with particular, applicable streamside and wetland
activities, as recommended by the NYSDEC and the USACE, and required by the issued
wetland/waters permits. Specific mitigation measures for protecting wetlands and surface water
resources will include the following:
• No Equipment Access Areas: Wetlands, streams, and waterbodies will be designated
“No Equipment Access,” thus prohibiting the use of motorized equipment in these areas
except where crossed by permitted access roads.
• Restricted Activities Area: A buffer zone of 100 feet, referred to as “Restricted Activities
Area,” will be established where Project construction traverses streams, wetlands and
other bodies of water. Restrictions will include:
• No deposition of slash within or adjacent to a waterbody;
• No accumulation of construction debris within the area;
15
• Herbicide restrictions within 100 feet of a stream or wetland (or as required per
manufacturer’s instructions);
• No degradation of stream banks;
• No equipment washing or refueling within the area; and
• No storage of any petroleum or chemical material.
• When crossing wetlands, routing around edges, utilizing higher ground, and crossing the
narrowest portion of the wetland will be the preferred crossing options. Wherever
feasible, low impact crossing methods will be used, such as timber mats or similar
materials. Geotextile mats, corduroy, and/or gravel may also be used to create temporary
wetland road widening. Where permanent roadways are installed and impoundment of
water is possible, the installation of culverts will maintain the natural water levels/flows
on each side of the road.
• The Project Sponsor will adhere to any permit special conditions pertaining to low-
impact stream crossing techniques, including seasonal restrictions and/or alternative
stream crossing methods, such as temporary bridging and installation of crossings “in the
dry” on protected streams. Open-bottomed or elliptical culverts could be required on
certain streams to minimize loss of aquatic habitat and restriction of fish passage.
Adherence to these restrictions should avoid or minimize any adverse impacts on fish and
other aquatic organisms.
• A soil erosion and sedimentation control plan will be developed and implemented as part
of the SPDES General Permit for the Project. To protect surface waters, wetlands,
groundwater and stormwater quality, silt fences and temporary siltation basins will be
installed and maintained throughout Project development. Exposed soil will be seeded
and/or mulched to assure that erosion and siltation is kept to a minimum along the
wetland boundaries. The location of these features will be indicated on construction
drawings and reviewed by the contractor and environmental monitor prior to
construction. To assure impacts are minimized to the maximum extent practicable,
sediment and erosion control measures will be implemented wherever project
construction occurs within, or adjacent to, wetlands and/or streams. In addition, a final
SWPPP will be implemented during construction. The Environmental Monitor will
inspect these features to assure that they function properly throughout the period of
construction, and until completion of all restoration work (final grading and seeding).
Construction phasing schedules that relate the establishment of vegetative and structural
practices and their timing relative to other construction practices, and an inspection and
maintenance plan will be provided for the site. Erosion and sediment control measures will be
inspected at least once every 7 days (or following significant storm events) by a person
knowledgeable in the principles and practices of erosion and sediment control until all soil
disturbance has ceased and a vigorous vegetative cover or equivalent stabilization measures have
been established on all disturbed areas across the Project Site. Inspections will be in accordance
with the 2010 SPDES General Permit for Stormwater Discharges from Construction. Prior to
16
beginning construction, the Project Owner will submit a Notice of Intent (NOI) in conformance
with the current SPDES regulations and obtain authorization to commence construction activities
from the NYSDEC Bureau of Water Permits in Albany. To avoid localized drainage problems,
the Environmental Monitor will identify the need for ditches, water bars, culverts, and temporary
sediment retention basins at each road and tower site prior to the initiation of construction. If
drainage problems develop during or after construction, the Environmental Monitor will evaluate
the problem (in consultation with the contractor, landowner, and/or agency representative) and
recommend a solution. Corrective actions will be taken by the contractor after receiving the
recommendation.
6.3.3 Findings
Potential impacts to water resources will be avoided, minimized and/or mitigated to the
maximum extent practicable with implementation of the requirements set forth in Section 6.3.2
above.
6.4 Climate and Air Quality
6.4.1 Discussion of Potential Impacts
During the site preparation and construction phases of the Project, minor, temporary adverse
impacts to air quality could result from the operation of construction equipment and vehicles.
Such impacts could occur as a result of emissions from engine exhaust and from the generation
of fugitive dust during earth moving activities and travel on unpaved roads. The increased dust
and emissions will not be of a magnitude or duration that would significantly impact local air
quality. However, dust in particular could cause annoyance and property damage at certain yards
and residences that are adjacent to unpaved town roads or Project access roads. These impacts
are anticipated to be short-term and localized and will be avoided or corrected quickly.
The operation of this Project is anticipated to have a positive impact on air quality by annually
producing 44,150 megawatt hours (MWh) (assuming seven 1.8 MW turbines operating at 40%
NCF annually) of electricity with zero emissions, except very small emissions from vehicles
servicing the facilities. The operation of this Project is not anticipated to have any measurable
effect on climate. In fact, on a larger scale, the Project represents a legitimate effort to mitigate
the well-established causes of global climate change by generating up to 11.9 MW of electricity
without the production of “greenhouse” gasses.
6.4.2 Minimization and Mitigation Measures
Except for minor, short-term impacts from construction vehicles, the Project will have no
significant adverse impacts on air quality. A dust control plan will be developed and
implemented to minimize the amount of dust generated by construction activities. In accordance
with this plan, the extent of exposed/disturbed areas on the site at any one time will be
minimized and restored/stabilized as soon as possible. The Environmental Monitor will identify
dust problems and report them to the construction manager and the contractor. Water will be
used to wet down dusty roads (public roads as well as Project access roads) as needed throughout
the duration of construction activities. In more severe cases, temporary paving (e.g., oil and
17
stone) could be used to stabilize dusty road surfaces in certain locations. In addition, the Project
Sponsor will implement a Complaint Resolution Procedure to establish an efficient process by
which to report and resolve any construction (or operational) related impacts.
Project operation has the potential to reduce current emissions from existing power plants.
Every 10,000 MW of wind installed can reduce carbon dioxide emissions by approximately 33
million metric tons (MMT) annually if it replaces coal-fired generating capacity, or 21 MMT if it
replaces generation from the United States average fuel mix (San Martin, 1989). The U.S.
Department of Energy estimates that wind energy has the potential to reach 20% of the total
installed generating capacity in the United States by 2030. If this target is achieved, wind would
reduce national carbon dioxide emissions by 825 MMT annually (NREL, 2008). The PSC has
estimated that achievement of the State’s RPS goal will reduce New York State emissions of
NOx by approximately 4,000 tons per year, emissions of SO2 by approximately 10,000 tons per
year, and emissions of CO2 by approximately 4,129,000 tons per year (PSC, 2004b).
6.4.3 Findings
The Project does not present a potential significant adverse impact to the climate or air resources.
To the contrary, the Project will provide incremental and long-term benefits to the climate and
air quality by reducing carbon dioxide emissions from fossil fuel burning sources.
6.5 Biological Resources
6.5.1 Discussion of Potential Impacts
Project construction will result in temporary and permanent impacts to vegetation within the
Project Site. Three of the proposed turbines would be located within agricultural land, which
generally does not support native plant species, and an additional two turbines are located
adjacent to agricultural land. No rare or endangered plant species are known to occur within the
Project Site; all of the plant species observed during field surveys are common in New York
State. Therefore, it is anticipated that no plant species occurring in the Project Site will be
extirpated or significantly reduced in abundance as a result of construction activities.
Construction-related impacts to vegetation include cutting/clearing, removal of stumps and root
systems, and increased exposure/disturbance of soil. Along with direct loss of (and damage to)
vegetation, these impacts can result in a loss of wildlife food and cover, increased soil erosion
and sedimentation, a disruption of normal nutrient cycling, and the introduction or spread of
invasive plant species. Impacts to vegetation and ecological communities will result from site
preparation, earth-moving, and excavation/backfilling activities associated with
construction/installation of staging areas, access roads, foundations, and buried electrical
interconnect and transmission line. Based on the area of impact assumptions, these activities will
result in disturbance to approximately 57.5 acres within the Project Site.
Populations of invasive species typically establish most readily in places where the ground has
been disturbed, thereby exposing the soil. These areas will be especially vulnerable to the
introduction of invasive species. Ecological surveys conducted during the fall of 2012 identified
18
the following invasive species within the Project Site: reed canary-grass, black locust, multiflora
rose, common buckthorn and smooth buckthorn.
Construction-related impacts to wildlife are anticipated to be limited to incidental injury and
mortality due to construction activity and vehicular movement, construction-related silt and
sedimentation impacts on aquatic organisms, habitat disturbance/loss associated with clearing
and earth-moving activities, and displacement of wildlife due to increased noise and human
activities.
Project components have been sited so as to minimize impact to undisturbed habitat. Many of
the proposed turbines would be located in or adjacent to agricultural land, which in general
provides habitat for only a limited number of wildlife species. In addition, these areas are
already subject to periodic disturbance in the form of mowing, plowing, harvesting, etc.
However, approximately 51.0 acres of wildlife habitat will be temporarily disturbed during
construction, while permanent loss through conversion of natural habitat to built facilities will
total 6.6 acres. Ground-disturbing construction activities could also reduce the availability of
stopover habitat for migratory birds within the landscape, directly through the loss of habitat and
indirectly by inducing avoidance of stopover habitat in response to visual and/or noise
disturbance. Changes in vegetation could also influence the behavior of bats by changing
microclimatic conditions and the quality of habitat for foraging or roosting bats. Bats may also
become attracted to openings made in forested areas from tree clearing activities for turbines and
access roads, as they may find foraging opportunities in the openings. It is anticipated that any
bats that are present in the Project Site would return to areas that were temporarily disturbed
following the completion of construction activity. Significant adverse impacts on bat
populations are not expected during construction of the Project, especially since the proposed
construction schedule proposes to limit tree clearing activity to the winter months.
Approximately 11.9 acres of forest, 1.0 acres of shrubland, and 12.8 acres of old field will be
directly impacted by Project construction; these natural communities provide habitat for wildlife
species. It is also anticipated that 23.0 acres of agricultural land and 8.0 acres of
disturbed/developed land will be directly impacted by Project construction. The habitats to be
impacted by Project construction are common within the region, and on a landscape scale, there
is abundant availability of similar habitats in close proximity to the Project Site.
Construction impacts to bat species are expected to be even less than those experienced by birds.
Bat habitat may be impacted by ground disturbance and tree removal. However, these activities
are also associated with farming and logging, which are common in the area. At this stage of
development, it cannot be verified when tree clearing activities will be conducted. Tree clearing
during the winter months would present the lowest potential risk to bats by avoiding potential
removal of roosting trees.
Some wildlife displacement will also occur due to increased noise and human activity as a result
of Project construction. The significance of this impact will vary by species and the seasonal
timing of construction activities. However, the species most likely to be disturbed/displaced by
Project construction include grassland bird species such as red-winged blackbird, song sparrow,
and savannah sparrow. Outside of localized construction disturbance and some temporary
19
displacement in the immediate vicinity of turbines, access roads, etc., no significant displacement
impacts on breeding birds are anticipated during construction.
Project components have been sited to avoid wetlands and streams to the extent practicable. In
addition, the agricultural lands being affected are generally not high quality grassland habitat,
and forest land being impacted often does not display the characteristics of forest interior habitat.
Consequently, the habitat being impacted by Project construction is unlikely to receive
significant use by listed threatened and endangered species. However, to the extent that these
species occur in the area, Project construction could result in limited disturbance/displacement of
these species due to human activity and noise, and/or direct mortality impacts to eggs or young.
There are no known occurrences of rare or endangered plant species within the Project Site. A
population of the state-listed endangered Hooker’s orchid has been documented nearby, but is
considered historical by the NHP since recent attempts to re-locate the population have been
unsuccessful and notes from those surveys indicate that the habitat is degraded. Prior to the
commencement of construction activities, a rare plant survey will be conducted to confirm the
absence of Hooker’s orchid at proposed construction sites. Therefore, no construction-related
significant adverse impacts to listed plants or significant natural communities are anticipated.
Habitat alteration and disturbance resulting from the operation of turbines and other wind farm
infrastructure can make a site unsuitable or less suitable for nesting, foraging, resting, or other
wildlife use. The footprint of turbine pads, roads, and other Project infrastructure represents a
very small percentage of the site following construction. Most breeding grassland bird species
are anticipated to habituate to the turbines over the long-term, though some permanent
displacement may result. However, displacement is likely to be limited to the immediate area of
each turbine, and is also likely to be influenced by other factors, such as size of field and
agricultural practices. Many of the proposed turbines are sited in active agriculture fields that are
already subject to periodic disturbance and have limited habitat value. Therefore, there is a low
risk of substantial displacement of breeding grassland birds.
The potential impacts of the Project on migrating or foraging waterfowl should not be
significant, even though migrating geese can be expected to forage in nearby farm fields,
sometimes in substantial numbers. Although collision risk is likely to be low, data on resident
and migrating birds and bats at the Project Site were collected to determine if site-specific
characteristics might suggest an elevated level of risk relative to other sites. The overall level of
activity and species composition documented during those surveys is within the range
documented by similar surveys that have been conducted at other proposed wind power projects
in New York State. Consequently, the Project Site is not believed to be a particularly important
avian corridor or an area of concentrated migration activity. Based on post-construction fatality
studies at operating wind projects, it is likely that nocturnal migrant passerines (songbirds) will
make up the majority of bird kills due to collision with the turbines. However, there are no
geographical or topographical features on or adjacent to the Project Site that are likely to attract
or concentrate nocturnal migrant passerines, and the Project Site is not immediately proximate to
any large water bodies where nocturnal migrants tend to concentrate at stopover areas.
Therefore, the Project is anticipated to have a fatality rate that will be within the range of fatality
rates observed elsewhere in New York. There are no indicators of potential elevated risk to
20
passerines, and thus no biologically significant adverse impacts are anticipated for any passerine
species.
Because limited use of the Project Site by endangered, threatened, and special concern species is
anticipated, no significant adverse impact on these species is expected during Project operation.
No federally-listed threatened or endangered species were observed on-site. According to the
USFWS, only one federally-listed species was known from Tompkins County, the bog turtle, a
threatened species. However, this occurrence is considered historical, and therefore occurrence
of bog turtle, or any other federally-listed species, is unlikely to within the Project Site. None of
the state-listed species observed on-site appear likely to engage in these behaviors at a frequency
that would lead to significant collision risk, except perhaps northern harrier. Although foraging
and courtship behavior by this species suggests the possibility at elevated collision risk, very low
northern harrier mortality has been documented from wind turbines, even at sites that have
relatively high use by this species.
6.5.2 Minimization and Mitigation Measures
Large areas of forest and wetland are being avoided to the extent practicable. Therefore, the
most ecologically significant communities within the Project Site will be largely protected from
disturbance. Project access roads will be sited on existing farm lanes and forest roads wherever
possible, and areas of disturbance will be confined to the smallest area possible. In addition, a
comprehensive sediment and erosion control plan will be developed and implemented prior to
Project construction to protect adjacent undisturbed vegetation and other ecological resources.
Mitigation measures to avoid or minimize impacts to vegetation will also include pre-
construction surveys for rare plant species, delineating sensitive areas (such as wetlands) where
no disturbance or vehicular activities are allowed, educating the construction workforce on
respecting and adhering to the physical boundaries of off-limit areas, complying with guidance
provided by an Environmental Monitor, employing best management practices during
construction, and maintaining a clean work area within the designated construction sites.
Following construction activities, temporarily disturbed areas will be seeded (and stabilized with
mulch and/or straw if necessary) to reestablish vegetative cover in these areas. Other than in
active agricultural fields, native species will be allowed to revegetate these areas.
Controlling the introduction and spread of the target invasive species will be achieved through
the implementation of an ISCP. In addition to control measures implemented during the
construction phase, the Invasive Species Control Plan includes a two-year monitoring period to
evaluate the success of invasive species control. This period coincides with the monitoring of
other project restoration activities (i.e. agricultural monitoring in accord with NYSA&M
Guidelines for Agricultural Mitigation for Wind Power Projects).
Construction-related impacts to fish and wildlife should be limited to incidental injury and
mortality due to construction activity and vehicular movement, construction-related silt and
sedimentation impacts on aquatic organisms, habitat disturbance/loss associated with clearing
and earth moving activities, and displacement due to increased noise and human activities.
Mitigation of impacts related to construction activity will be accomplished through careful site
design (e.g., utilizing existing roads, avoiding sensitive habitat, and minimizing disturbance to
21
the extent practicable), adherence to designated construction limits, and avoidance of off-limit
sensitive areas.
To avoid and minimize impacts to aquatic resources resulting from construction-related siltation
and sedimentation, an approved sediment and erosion control plan and SWPPP will be
implemented. Proper implementation of these plans will assure compliance with NYSDEC
SPDES regulations and New York State Water Quality Standards. In addition, a Spill
Prevention, Containment and Counter Measures (SPCC) Plan will be developed and
implemented to minimize the potential for unintended releases of petroleum and other hazardous
chemicals during Project construction and operation.
Mitigation for impacts related to permanent habitat loss and forest fragmentation will be
accomplished through careful site design (i.e., minimizing the permanent footprint of Project
components to the extent practicable) and restoration of all temporarily disturbed areas. In
addition, cleared forest land along Project access roads and at the periphery of turbine sites will
be allowed to grow back and reestablish forest habitat in these areas.
The Project has been designed to minimize bird and bat collision mortality. The turbines will be
placed much further apart than in older wind farms where avian mortality has been documented,
such as those in northern California. They will also be mounted on tubular towers (rather than
lattice) which prevent perching by birds. In an effort to reduce avian and bat impacts, electrical
collection lines between the turbines will generally be buried. Lighting of the turbines (and other
infrastructure) will be minimized to the extent allowed by the Federal Aviation Administration
(FAA), and will follow specific design guidelines to reduce collision risk (e.g., using blinking
lights with the longest permissible off cycle).
NYSDEC is requesting post-construction fatality monitoring studies at all wind power projects in
New York State, and the Project Sponsor has volunteered to participate in this program in order
to further the State’s understanding of bird/bat interactions with wind turbines. In addition, a
work plan for a post-construction habitat displacement study will be submitted to the NYSDEC
for review prior to Project implementation. The post-construction monitoring studies will also
include components of the “expanded post-construction studies,” specifically a comparison of
the number of estimated collisions with passage rates obtained through radar during peak bird
and bat migration periods at the Project area (standard studies do not include the use of radar).
Project-specific study protocols will be developed in consultation with state and federal agencies,
including details such as study duration, search frequency, search areas, number and location of
turbines to be searched, concurrent data collection and analysis, carcass collection for further
study, and mitigation strategies that may be implemented if post-construction monitoring reveals
operational impacts in excess of that which is anticipated or otherwise considered significant.
Mitigation measures will include an adaptive management strategy that incorporates options to
be considered during Project operation if significant adverse impacts are identified by post-
construction monitoring. Adaptive management actions or options to reduce mortality of bats
and birds will be developed and implemented in consultation with state and federal agencies.
While the exact components of the adaptive management strategy cannot be determined at this
time, possible options could include selective operational changes such as curtailment of turbines
22
at low wind speeds, deterrents to keep bats away from turbines, or on-site habitat manipulation.
Curtailment of power production at low wind speeds may be one method of reducing bat
mortality at utility-scale wind facilities, because bats tend to be most active when wind speeds
are low. Curtailment appears to be most effective during migration in summer and fall.
No state or federally listed threatened or endangered plant species have been identified within the
Project Site, and no impacts to listed plants or significant natural communities are anticipated.
Therefore, no mitigation is required. With respect to threatened and endangered wildlife species,
listed wildlife species documented in the vicinity of the Project Site utilize a variety of habitats,
including wetlands/water bodies, forests and grasslands. The habitat being impacted by the
Project is unlikely to receive significant use by listed threatened and endangered species.
Therefore, no mitigation specific to threatened and endangered species is required. Should a
state or federally listed species be found dead or injured during post-construction monitoring
studies, NYSDEC and USFWS will be notified within 48 hours.
6.5.3 Findings
Potential impacts to biological resources will be avoided, minimized and/or mitigated to the
maximum extent practicable with implementation of the requirements set forth in Section 6.5.2
above. Moreover, any potential impacts are outweighed by the environmental benefits to be
provided by the Project.
6.6 Traffic and Transportation
6.6.1 Discussion of Potential Impacts
Wind power generating projects have the potential to create transportation impacts as a result of
short-term construction activities (temporary impacts) and long-term operation and maintenance
of the Project (permanent impacts).
Some temporary impacts along the delivery route will result from the movement of vehicles
involved in Project construction. The exact construction vehicles have not yet been determined;
however, it is known that transportation of turbine components and associated construction
material involves numerous conventional and specialized transportation vehicles, including:
• Blade Sections – Wind turbines consist of three blades that are transported on trailers
with one blade per vehicle. Each blade weighs approximately 18,739 pounds. Blades
typically control the length of the design vehicle, and the radius of the curves along the
travel route to the Project. It is anticipated that the vehicles with the blades will be
longest in length (approximately 63 meters or 206 feet). Specialized transport vehicles
are designed with articulating (manual or self-steering) rear axles to allow
maneuverability through curves.
• Tower Sections – Towers consist of three sections and are transported with one section
per truck. The bottom section is the heaviest section of the tower and weighs 63 metric
tons (138,891 pounds). Towers generally can control the height and width of the design
23
vehicle dimensions. The minimum necessary height and width necessary for delivery of
components is anticipated to be 5 meters (16.4 feet).
• Nacelle – The turbine and related elements (which are housed in the nacelle) are
anticipated to weigh approximately 71 metric tons (158,721 pounds).
• Hub and Nose Cone – Typically transported with one or more of the same element on a
vehicle, with a maximum of three trucks required per tower. These elements are not
critical elements related to design vehicle dimensions.
• Escort Vehicles
In addition to the wind turbine component delivery vehicles, construction traffic will also consist
of standard construction equipment such as gravel/dump trucks, concrete trucks, excavation
equipment, conventional semi-trailers, and employee vehicles. These standard construction
vehicles should not require physical modifications to the roadways to accommodate their
dimensions. Below is a list of construction vehicles typical of wind project construction:
• Construction of Site Roads – Conventional trucks carrying stone, gravel and
miscellaneous construction equipment. Access roads will be designed and installed to
accommodate both standard and OS/OW vehicles.
• Crane – For assembly of the wind towers, cranes are transported in sections over
numerous trips to the Project Site. Assembled cranes may be crawled between tower
sites.
• Concrete trucks for tower foundations.
• Variety of conventional semi-trailers for delivery of substation components and
materials.
• Construction staff and other incidental truck trips (primarily pickup trucks).
The Project Sponsor anticipates that during construction the Project will generate both standard
truck and oversized/overweight (OS/OW) vehicular traffic. There will be approximately 10
OS/OW truck type per turbine for delivery of the turbine components, in addition to
approximately 45 loaded concrete trucks per foundation, two conventional semi-trailers of
reinforcing steel per turbine, and 20 truckloads for small substation component material.
Delivery and transport of crane(s) will also require up to approximately 24 trucks/vehicles for
each mobilization/demobilization. Additional vehicle use will include gravel trucks, pick-up
trucks for equipment and tools, and trucks and cars for transporting personnel. Approximately
1,400 truckloads of gravel, stone, or other suitable materials will be required to construct Project
access roads. These materials could come from local gravel mines or from the existing shale pit
near the proposed Turbine 4 location, which would reduce impacts to local roads.
The circulation of OS/OW vehicles along delivery route roadways will result in minor delays on
these specific roads as escort vehicles, flag persons, and/or temporary traffic signals slow or stop
traffic to allow for safe passage of the OS/OW vehicles. However, this will only occur when
these roads are being traveled by the OS/OW vehicles. In addition, this is not anticipated to
result in a significant adverse impact because the police and escort vehicles provide for smooth
passage through even congested areas.
24
It is assumed that the wind components will typically be delivered directly to the tower sites and
that the laydown area will be used primarily to store spools of cable, set up the construction
trailers, and park vehicles and dozers. It should be noted that while construction may begin in
the spring, turbine component delivery is not anticipated to occur until early-mid summer, after
access roads and turbine foundations have been prepared. Therefore, potential winter weather is
not expected to affect and/or delay oversized vehicles. However, if bad weather (e.g., thunder
storms) occurs while oversized vehicles are in route, such vehicles will likely be required to
delay travel in accordance with NYSDOT permit conditions (e.g., pull into a rest stop).
Delivery routes have some potentially constraining features, particularly intersection turning
radii. The extent of the roadway segment improvements will be verified with the turbine
supplier/contractor prior to Project construction, and coordinated with the relevant State, County,
and local highway departments (at no expense to these departments) prior to the arrival of
OS/OW vehicle on-site. However, at this time it is estimated that intersections of public roads
will need to be modified to accommodate for temporary access, with a minimum of 150 foot
outside turning radius and a maximum 130 foot inside turning radius.
Once the Project is commissioned and construction activities are concluded, traffic will likely
result from Project employees traveling to and from the turbines. Each turbine typically requires
routine maintenance visits once every three months, but certain turbines or other Project
improvements could require periods of more frequent service visits. Such service visits typically
involve one to two pick-up trucks. However, because all turbines and associated access road are
located on (and accessed from) leased land, public road use due to routine maintenance activities
will be relatively limited. The Project owner is responsible for the maintenance of all private
access roads leading to the turbine sites. Project personnel may also need to service the Project
substation. Routine servicing would likely be carried out on a similar quarterly basis and it is
anticipated this would involve a similar number of maintenance vehicles
6.6.2 Minimization and Mitigation Measures
Prior to construction, the Project Sponsor shall obtain all necessary permits from the Town and
County highway departments and the NYSDOT for activities including new access roads,
improving existing roadways, crossing roadways with buried electrical interconnects, and
operating oversized vehicles on the highways. Local utilities will also be contacted to coordinate
the need for the temporary relocation or removal of identified utility structures impacted by the
transport of Project components. The final transportation routing documentation will be
provided prior to construction, and will confirm the local, County, and State roads to be used as
delivery routes (both within and outside of the Project Site) by construction/transportation
vehicles. The final transportation routing will designed to minimize potential traffic hazards
related to repeated movement of trucks and equipment to and from staging areas, and through
intersections with poor sight distance. If repeated truck movements cannot be avoided in areas
with poor sight distance, flagmen will be utilized to ensure safe passage. All public road
upgrades that may be required to accommodate construction vehicles will be identified,
including shoring up bridge abutments, adding steel plates or gravel to road surfaces, widening
roadways, reconfiguring intersection geometry to accommodate the turning radius of large
construction vehicles, and identifying the bridges, pipes, and culverts that will need
reinforcement or replacement.
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Special hauling permits are required for loads that exceed legal dimensions or weights. Thus
transport of the blades, nacelles, tower sections and cranes will require a variety of special
hauling permits. Actual loads will depend on the specific turbine supplier, crane equipment
chosen, and degree of disassembly of the crane.
Final transportation routing documentation will be developed to assure that to the extent
practical, construction vehicles avoid areas where public safety could be a concern (schools,
clusters of homes, etc.). To minimize safety risks to the general public, over-sized vehicles will
be accompanied by an escort vehicle and/or flagman to assure safe passage of vehicles on public
roads. Construction operations will be conducted so that the traveling public is subjected to a
minimum delay and hazard. Deliveries will be made during off peak hours for road use
(typically 9:30 a.m. to 3:00 p.m. and 6:00 p.m. to 6:00 a.m.) at the discretion of the NYSDOT,
County and Town Highway Departments. In addition, it is anticipated that the New York State
Police would assist in navigating component delivery vehicles from Interstate 81 to the Project
(in additional to the escort vehicles). The contractor shall provide reflective warning signs,
barricades, lighting and flags as necessary to protect traffic.
During construction, the Project will not adversely impact the local school districts beyond the
possible delay of school bus pick-ups and drop-offs at homes in the immediate vicinity of the
Project, due to temporary construction traffic/activity. There are four local school districts with
bus routes in the area:
• Ithaca City School District – The majority of the Project Site lies within this district.
Three bus routes travel through the area twice daily, for morning pick-up and afternoon
drop-off.
• Odessa-Montour Central School District – The northwest portion of the Project Site,
including the proposed turbine 2 site, lie within this district. One bus route travels the
section of Black Oak Road between Harvey Hill and Weatherby Roads twice daily.
• Newfield Central School District – This district abuts the Project Site to the south. One
bus route traverses the section of Black Oak Road between Cayutaville and Griffin Roads
twice daily, at approximately 7:10 am and 3:40 pm.
• Trumansburg Central School District – This district is located within close proximity to
the Project Site, approximately 0.9 and 1.2 miles to the west and north, respectively. No
bus routes from this district pass through the Project Site. However, one bus route
traverses Black Oak Road north of the Project Site twice daily, between NYS Route 79
and Enfield Center Road. In addition, NYS Route 79 between Mecklenburg and Enfield
is utilized for morning and afternoon runs by five bus routes during the academic year,
and one bus route during summer months.
To minimize safety risks to school children (including children at school bus stops on local
roads), the Project Sponsor shall coordinate with appropriate school district personnel (i.e.,
director of transportation) prior to initiating construction activities to determine if the proposed
delivery or construction routes pose any safety risks. If necessary, mitigation measures will be
determined through consultation with school district personnel, and will address school bus and
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construction activity schedules, appropriate safety measures such as regularly scheduled
communication between the Project Sponsor and/or contractor and school district personnel,
avoidance scheduling, and alerts.
A Road Use Agreement will be required, as per the county road preservation law. A separate
agreement will be needed with the Town. In accordance with the anticipated County and Town
Road Use Agreements, directly prior to construction, a survey of the agreed delivery route will
be carried out by appropriately qualified engineers (and NYSDOT, County Highway, and Town
Highway Departments as available) to assess and document current existing road conditions.
Any extraordinary damage or over-run caused by vehicles during the construction period is to be
repaired to agreeable standards under a Road Use Agreement with the relevant authority (State,
County, or Town). The Project Sponsor will repair damage done to roads affected by
construction within the approved delivery route, thereby restoring the affected roads to a
condition equal to or better than documented by the pre-construction survey. Roads will also be
maintained in good working order during construction. The Project Sponsor will establish a road
use reparation fund or purchase a reparation bond as financial assurance that the roads damaged
by the activities of the Project’s construction will be repaired to the standards required by the
Road Use Agreement.
Delivery routes may change during the design and construction preparation process; however,
the municipalities will be notified of the changes throughout the continued development of the
Project. Additionally, design plans will be completed for all public road improvements, and will
be made available to the Town (and to the entity with jurisdiction over the respective road) to
review prior to construction activities. The Road Use Agreement will identify the County, City,
Town and Village officials responsible for roads or other public improvements potentially
impacted by Project construction and/or delivery of Project components. Additionally, the Road
Use Agreement shall include a method for post-construction inspections to assure local roads
were restored to a condition equal to or better than documented by the pre-construction survey.
Following the examination of the proposed delivery routes, the following mitigation measures
shall be implemented prior to any construction commencing:
Potential Impacts and Locations Potential Improvements
Areas within the approved delivery
route that may be damaged by
construction traffic.
Damage will be repaired to agreeable standards under a
Road Use Agreement with the relevant authority (State,
County or Town).
Damage to road surface conditions
throughout the approved delivery
route.
Repair the roadways in consultation with the highway
departments using the appropriate treatment (i.e., oil and
stone, hot or cold mix asphalt, etc.) to re-establish the
pre-construction surface conditions.
Areas within the approved delivery
route that may require road
widening or construction of pull-off
areas to allow two-way traffic.
Coordination with municipalities and highway
departments will occur to determine which
improvements will be maintained after construction.
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Potential Impacts and Locations Potential Improvements
Impacts to the intersection of Black
Oak Road and NYS Route 79 and
the intersection of Black Oak Road
and Connecticut Hill Road.
The Project Sponsor will coordinate with the NYSDOT,
County and Local highway departments to determine if
the radii/intersection improvements will be returned to
pre-construction conditions or left in place for future use.
Potential impacts associated with
construction vehicle weight will be
evaluated throughout the approved
delivery route.
Posted axle weight limit will be inventoried and
evaluated to determine if improvements will be necessary
to accommodate Project construction. Drainage
structures (i.e., culverts) will also be reviewed during the
detailed design process to determine if improvements are
necessary to accommodate construction traffic.
6.6.3 Findings
Potential impacts to traffic and transportation will be avoided, minimized and/or mitigated to the
maximum extent practicable with implementation of the requirements set forth in Section 6.6.2
above.
6.7 Land Use and Zoning
6.7.1 Discussion of Potential Impacts
The Project is located in the Town of Enfield, along the western boundary of Tompkins County.
Tompkins County is located in the southern section of central New York, and contains all of the
City of Ithaca. Tompkins County is bordered by Chemung and Tioga Counties to the south,
Schuyler County to the west, Cortland County to the east, and Cayuga and Seneca Counties to
the north. The region is characterized by a large agricultural base that includes primarily dairy,
cattle, and crop operations. Residential land use is concentrated in and around cities, villages,
and small hamlets, but occurs throughout the region along the network of state, county, and local
roads. Pockets of commercial and industrial development are also scattered along the major
transportation corridors. The majority of the population, as well as most commercial and
industrial land uses, are located in and around the City of Ithaca. The largest state recreational
lands in the county are Connecticut Hill State Wildlife Management Area, Robert H. Treman
State Park, and several State Reforestation Areas (Danby, Shindagin Hollow, Hammond Hill and
Yellow Barn State Forests).
According to NYSORPTS and Tompkins County 2010 Tax Maps, the Project Site consists of 4
distinct land use types. The majority of the Project Site (approximately 546 acres [51%]) is
categorized as agricultural land, which is described by the NYSORPTS as “property used for the
production of crops or livestock.” Approximately 284 acres (27%) of the Project Site is
characterized as vacant land, which is described as “property that is not in use, is in temporary
use, or lacks permanent improvement.” Residential land, which constitutes approximately 197
acres (17%), is described as “property used for human habitation.” Forestland, which constitutes
approximately 23 acres (2%), is described as “private wild and forest lands except for private
hunting and fishing clubs.” Areas categorized as community services are located within the
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Project Site, these are public roadways (approximately 13 acres [1%]) which bisect the Project
area and are described as “property used to provide services to the general public” (NYSORPTS,
2013).
The Town of Enfield does not currently have zoning districts or zoning regulations in place.
However, the Town does have a local law governing Wind Energy Facilities (Local Law No. 1
of 2009). This local law provides the Town of Enfield with the authority to approve, approve
with conditions, or disapprove wind energy facility applications. A Wind Energy application, if
approved, allows for the construction, maintenance, and operation of a Wind Energy Facility.
The Project will be compatible with the agricultural land use that dominates the Project Site.
However, there will be temporary, construction-related impacts, as well as permanent impacts
(operation related) to other land uses within the Project Site and the larger community.
Construction-related disturbance to agricultural lands, as categorized by NYSORPTS, will total
approximately 23.5 acres. Along with this direct impact to agricultural land, movement of
equipment and material could result in damage to growing crops, damage to fences and gates,
damage to subsurface drainage systems (tile lines), and temporary blockage of farmers’ access to
agricultural fields. Impacts to NYSORPTS land use classifications are summarized below:
Location Total Disturbance
(acres)
Temporary
Disturbance
(acres)
Permanent Loss
(acres)
Agricultural 26.0 24.0 2.0
Residential 9.5 7.0 2.5
Vacant 20.0 18.0 2.0
Forest 0.5 0.5 0.0
Community Service 1.5 1.5 0.0
TOTAL 57.5 51.0 6.5
The Project will occur entirely on private land in areas dominated by active and reverting
agricultural land, vacant land, and managed/disturbed forestland. Project components will be
sited in accordance with local setback requirements and no public lands or recreational facilities
will be impacted. Therefore, impacts to residential, commercial and recreational land use will be
minimized.
6.7.2 Minimization and Mitigation Measures
The Project is compatible with the agricultural land use that dominates the Project Site.
However, the Project will impact agricultural activities (at least temporarily) and will result in a
change to community character and perceived land use throughout the area.
To minimize and/or mitigate impacts to active agricultural land and farming operations, Project
siting and construction will fully comply with NYSA&M Agricultural Protection Guidelines and
be compatible with surrounding agricultural operations. These mitigation measures include:
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• Limiting permanent road widths to a maximum of 15 feet or less, and where possible,
following hedgerows and field edges to minimize loss of agricultural land.
• Having roads that must cross agricultural fields stay on ridge tops and other high ground
to minimize cut and fill as well as potential drainage problems.
• Avoiding disturbance of surface and subsurface drainage features (ditches, diversions, tile
lines, etc.).
• Prohibiting vehicular access to turbine sites until topsoil has been stripped and permanent
access roads have been constructed.
• Limiting vehicular access to construction roads only.
• Prohibiting stripping of topsoil or passage of cranes across agricultural fields during
saturated conditions when such actions would damage agricultural soils.
• Avoiding blocking of surface water drainage due to road or installation or stockpiled
topsoil.
• Maintaining access roads throughout construction so as to allow continued use/crossing
by farmers and farm machinery.
• Temporarily fencing/securing around open excavation areas in active pastureland to
protect livestock.
• Disposing of excess concrete offsite (unless otherwise approved by the environmental
monitor and the landowner). Under no circumstances shall excess concrete be buried or
left on the surface in active agricultural areas.
• Washing of concrete trucks, if necessary, outside of active agricultural areas in locations
approved by the environmental monitor.
• Restricting crane set-up, erection, and breakdown activities to designated access roads
and work pads at the turbine sites.
• Stabilizing restored agricultural areas with seed and/or mulch.
• Removing and disposing of all construction debris offsite at the completion of
restoration.
• Compensation for damaged/lost crops.
In the event that blasting in select locations is required, mitigation measures shall include the
development and implementation of a blasting plan that limits offsite impacts. This plan will
address blast size, timing, and sequencing to focus force within the area of excavation. Beyond
reducing impacts to agricultural land, other mitigation measures that will be undertaken to reduce
the impact of the Project on land uses are listed below. These include:
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• Locating all electrical collection (interconnect) lines underground or where following
existing public roads, locating all interconnect lines underground or within an existing
ROW when aboveground.
• Lighting towers only to the extent necessary to comply with FAA requirements. An
application has been submitted to the FAA for approval and the FAA has conducted an
Aeronautical Study for each turbine location These studies indicated that the proposed 7
turbines will require lighting in accordance with FAA guidelines. Lighting for the
substation and other ground level facilities will be kept to a minimum and generally
operated by switch or motion detector.
• Not affixing television, radio or other communication antennas or advertising signs (other
than the turbine manufacturer’s logo) to the towers or any other Project structures.
• Utilizing tubular towers and finishing structures painted with a single, non-reflective
matte finish color.
• Avoiding use of guy wires on permanent meteorology towers.
• Installing turbines in locations where proximity to existing fixed broadcast,
retransmission or reception antenna for radio, television, or wireless phone or other
personal communications systems, will minimize potential electromagnetic interference
with signal transmission or reception.
• Designing all Project components in a way that minimizes the impacts of land clearing
and the loss of open space.
• Locating Project components so as to minimize impacts on state and federal jurisdictional
wetlands.
• Managing storm water runoff and erosion control in a manner consistent with all
applicable state and federal laws and regulations.
• Removing all solid waste, hazardous materials and construction debris from the site and
managing its disposal in a manner consistent with all appropriate rules and regulations.
6.7.3 Findings
Potential impacts to existing land use and zoning patterns will be avoided, minimized and/or
mitigated to the maximum extent practicable with implementation of the measures set forth in
Section 6.7.2 above.
6.8 Energy
6.8.1 Discussion of Potential Impacts
Adverse energy impacts are not expected from the construction of the Project. Energy needs will
primarily arise from construction equipment and their associated fuel needs. Gasoline and diesel
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consumption will be minimal and will not result in significant changes to the energy
consumption of the transportation sector.
In accordance with NYISO Interconnection Procedures, a feasibility study was conducted for the
Project on January 27, 2011. The study is required to assess the impact of the Project on the base
case electrical system, which includes system upgrade facilities and attachment facilities that are
required only due to the integration of the Project. The study found that the Project would result
in increases of fault currents in the study area. However, the fault current levels will still be well
below the lowest breaker rating of the respective substation and the incorporation of the Project
will likely not result in adverse impacts in terms of short circuit analysis. Furthermore, overall
results of the power flow analysis indicated that the Project will not have an adverse impact on
the New York transmission system. Tompkins County initiated a plan in 2010 to reduce
greenhouse gas emissions in the community by at least 80% from 2008 levels by 2050.
Operation of this Project is anticipated to help Tompkins County reach their goal through a
positive impact on air quality by producing 44,150 MWh with zero emissions. Operations are
expected to displace approximately 21,986,700 pounds of CO2. Additionally, the Project will
help reach New York State’s renewable portfolio standard target of 30 percent renewable energy
by 2015.
6.8.2 Minimization and Mitigation Measures
Outside of creating a reliable point of interconnection with the existing Montour Falls –
Coddington Road 115kv Line, no mitigation measures will be necessary to ensure reliability with
the grid. All impacts to energy are expected to be positive and will not result in the need for
mitigation.
6.8.3 Findings
The Project does not present a potential significant adverse impact to energy. To the contrary,
the Project will provide incremental and long-term benefits to energy by providing an alternate
energy source to replace fossil fuel burning sources and reduce carbon dioxide emissions .
6.9 Community Facilities and Services
6.9.1 Discussion of Potential Impacts
Community facilities for the Project Site include public utilities, police and fire protection
services, emergency medical services (EMS), education facilities, and recreational facilities.
The Project will not result in significant increase in the demand for utilities such as telephone,
natural gas, electric, water, sanitary sewer, etc. The Project will have a beneficial impact on
utilities by generating approximately 11.9 MW of clean renewable energy. With respect to the
Project’s potential effect on local electric rates, it is not anticipated that the Project will have a
direct positive or negative effect on local electric rates given that the energy will be sold
competitively in the wholesale market. This wind project will provide an additional source of
power generation and will therefore help meet future growing energy demand.
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The police, fire, and emergency response departments have adequate personnel and equipment to
respond to routine emergency needs (e.g., traffic accidents or medical conditions) during the
construction and operation of the Project. However, during construction, some roadways may be
temporarily blocked or damage may occur to the roadways anticipated to be used by
oversized/heavy equipment, which has the potential to reduce the response time of emergency
personnel. This is not anticipated to be a significant problem due to the small number of
residents within the Project area, the general availability of alternate access routes, and
correspondence and coordination that will occur between construction managers and local police
departments. The construction site could also experience vandalism/trespass problems that would
require involvement of local police. Based on experience with other wind power projects in New
York, this is not anticipated to be a significant impact. To address any emergency access issues
that may occur during construction, the Project Sponsor will work with the appropriate county,
town, and/or local personnel to establish an emergency response plan, if necessary, during the
construction phase. In addition, as required by the Town of Enfield’s Wind Energy Facilities
Local Law, the Project Sponsor will prepare a Fire Protection Plan that complies with the
Tompkins County All-Hazards Mitigation Plan in consultation with the appropriate county, town
and/or local fire personnel.
The Project will not result in any significant adverse long-term impacts to local utilities and
energy resources. Long-term energy use will increase slightly as a result of facility maintenance.
However, this impact will be minor because the amount of required electricity and fuel is small,
and local fuel suppliers and utilities have sufficient capacity available to serve the Project’s
needs. The operation and maintenance of the proposed facility is anticipated to have a positive
impact on municipal and school district budgets through the provision of payments in lieu of
taxes (PILOT).
No significant public health or safety problems are anticipated to result from Project operation.
The wind turbines are located at least 190 feet from non-participating property lines, 900 feet
from the nearest public road, and 950 feet from any nonparticipating neighboring residences.
Local fire departments do not have the specialized equipment necessary to respond to a fire
should one occur in the nacelle of a Project turbine. Generally, any emergency/fire situations at
a wind turbine site or substation will be the responsibility of the Project owner/operator and/or
the substation owner/operator. Construction and maintenance personnel (and properly trained
and equipped regional responders) will be trained and will have the equipment to deal with
emergency situations that may occur at the Project Site (e.g., tower rescue, working in confined
spaces, high voltage, etc.). Training of local emergency providers and additional equipment will
be funded by the Project Sponsor.
The primary cause of fires in wind turbines is lightning strikes. The turbines to be installed will
have LPL1 lightning protection, which is the highest level of lightning protection available
today. This protection helps to minimize the likelihood of fire in the turbine by diverting the
lightning strike to the ground through a network of ground cables throughout the turbine,
including down the length of each blade, down the tower, and on the nacelle body itself. There
is also a series of surge protection devices inside the nacelle to prevent overvoltage from
sparking electrical failures that could lead to fire. In addition, the turbines have substantially less
hydraulic fluid than most other turbines today. Therefore, the fuel supply for any fire is limited,
33
and the design of the nacelle prevents any oil leak from dripping downwards inside the turbine,
as all floors are also containment devices. Also, the towers of the turbines are made entirely of
steel, with internal ladders made of steel and aluminum. The turbines will come standard with
two fire extinguishers in the nacelle, and one in the base of the tower. Lastly, the Project
Sponsor will purchase an additional fire protection system from Firetrace International, LLC,
which provides fire control devices in individual turbine components such as the electrical
cabinets and converters.
The Project is not anticipated to result in a significant increase in the demand on educational
facilities. The Project is anticipated to require only three full-time employees and the existing
educational facilities should have sufficient capacity to accommodate the addition of these
families to the area.
6.9.2 Minimization and Mitigation Measures
The impacts to the local economy, population, and community services resulting from the
proposed Project are not of the type or magnitude to require mitigation. In fact, development of
the proposed Project will have minimal impact on population, and place little demand on
community services, while at the same time providing significant income and tax revenue to the
town, county, and school districts. The income anticipated from the proposed Project will more
than offset any incurred costs, and will assist with the financing of community services that
benefit all residents of the towns and county.
If it is determined that Project components will cross existing buried gas pipelines, the Project
Sponsor and the owners/operators of gas infrastructure will enter into a crossing agreement and
the Project Sponsor will provide proof of insurance. The crossing agreement will require that
construction not disrupt the safe operation of the natural gas infrastructure and will designate
construction parameters to ensure safe construction in the vicinity of natural gas pipelines.
To mitigate any potential concerns regarding Project construction, the Project Sponsor will meet
with the local emergency service personnel (fire, police and EMS) to review and discuss the
planned construction process. During this meeting, unique construction equipment, the overall
construction process, and schedule/phasing will be addressed. In addition, any hazardous
materials that may be present during construction and/or operation will be discussed. Prior to
construction, the Project Sponsor will implement a coordinated emergency response plan, which
will be developed through consultation with local emergency response personnel. The volunteer
nature of some of the emergency response personnel, along with the distance and response time
of some responders, will be taken into account when initially developing the coordinated
emergency response plan, and the presence of emergency personnel on-site during construction
will be considered.
Ongoing communication between town officials and police, fire, and emergency services
officials will help assure adequate levels of protection potentially related to the Project. Project
Sponsor representatives will meet with fire and police and other emergency responders to
develop plans to address potential public safety issues. The Fire Protection and Emergency
Response Plan to be prepared for the Project Sponsor will comply with the Tompkins County
All-Hazards Mitigation Plan and include the following components:
34
• Initial and refresher training of all operating personnel (including procedures review) in
conjunction with local fire and safety officials.
• Regular inspection of transformer oil condition at each step-up transformer installed at
the main substation.
• Regular inspection of all substation components.
• Regular inspection of fire extinguishers at all facility locations where they are installed.
• All Project vehicles will be equipped with firefighting equipment (fire extinguishers and
shovels) as well as communications equipment for contacting the appropriate emergency
response teams.
• The MSDS for all hazardous materials on the Project will be on file in the construction
trailers (during construction) and the O&M building (during operation).
• The facility Safety Coordinator shall notify the local fire department of any situation or
incident where there is any question about fire safety, and will invite an officer of the fire
department to visit the workplace and answer any questions to help implement a safe
operating plan.
Although not anticipated, to mitigate for potential impacts related to waste disposal (e.g.,
excessive waste), the Project Sponsor will coordinate with the Tompkins Solid Waste
Management Division County prior to construction. The type and quantify of waste anticipated
as a result of Project construction will be discussed, and appropriate means of disposal agreed
upon.
6.9.3 Findings
Potential impacts to community facilities and services will be avoided, minimized and/or
mitigated to the maximum extent practicable with implementation of the requirements set forth
in Section 6.9.2 above.
6.10 Growth and Community Character
6.10.1 Discussion of Potential Impacts
Visual impacts during construction will include the addition of construction material and
working construction vehicles and equipment to the local roads. In addition, construction
activity/site disturbance, such as tree clearing, earth moving, soil stockpiling and road building,
all of which will alter the character of the landscape, at least on a temporary basis, may be visible
from some public vantage points. Dust generated by the movement of these vehicles could also
potentially have an adverse impact on aesthetic resources. However, all of these activities will
be relatively short term (i.e., generally restricted to the construction season), and at any one site,
will generally occur on only a few days during the course of Project construction. In addition,
the most significant earth moving, tree clearing, and general construction activity will occur at
turbine sites, which are typically well removed and/or screened from public vantage points.
35
Once construction activity ceases and site restoration activities are complete, construction-related
visual impacts will no longer occur.
Little data exists with regard to the specific impacts of wind energy facility construction on
nearby property values. Many studies indicate mixed results, or varying results over time. A
study conducted in Ford and McLean County, Illinois identified a “wind farm anticipation
stigma.” This stigma decreases property values when the development is initially proposed, due
to uncertainty about where turbines will be placed and what effect the wind facility will have on
area residents. The study found that when the 240 turbine wind facility was initially announced,
property values near the prospective wind facility decreased compared to elsewhere in the
county. However, after the wind facility entered the operational stage, property values near the
wind facility increased faster than those located elsewhere in the county.
Similar results were found in one of the largest and most comprehensive studies of wind farms
and property values which analyzed 122,198 home sales, occurring between 1998 and 2012,
within 5 miles of 41 wind turbines in Massachusetts. The study found no statistically significant
effect on nearby home prices from the installation or operation of wind turbines. Announcement
of a wind facility was found to have a modest negative effect on home prices; however, these
effects were no longer apparent after construction and operation of the wind facilities. If a
similar anticipation stigma were to occur in the vicinity of the proposed Project, such impacts
would be expected to be similarly short-lived.
The landscape surrounding this Project will retain its open space character and overall spatial
organization once the Project is in place. Although there are some intrusions to the vertical and
overhead planes in the landscape within the Project Site, the surrounding landscape retains much
of its integrity because the open sky, topography, and existing patterns of land use will remain
dominant. However, the Project will introduce new elements (i.e., wind turbines) into the
existing landscape, which could be considered a change in community character. It is worth
noting however, that the introduction of these new elements will, in fact, help maintain the
existing community character by helping area farms remain in business with supplemental
income from leasing land, and slowing the trend of farm abandonment and conversion to
successional vegetation and residential development.
It is also worth noting that community character evolves over time, and wind power can now be
considered an integral (if not essential) part of the evolving agrarian landscape. By dissuading
the trend of farm abandonment (and subsequent conversion of the landscape), wind power
projects, such as the Project, contribute to the economic vitality that helps define an agricultural-
dominated community character.
Although the presence of wind turbines will increase the value of the properties on which they
are located and generate income for the participating landowners, due to the allowed tax
exemption pursuant to New York State Real Property Tax Law, Article 4, § 487, the landowners
of these properties will not be assessed a higher value to reflect these improvements. The Project
should have no effect on future real property tax obligations for each participating landowner or
property values within (or in the vicinity of) the Project area.
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The public road system within the Project area consists of improved, year round roads.
Therefore, the improvement of existing road systems to accommodate Project component
delivery (e.g., turning radii, culvert replacement, etc.) is not anticipated to substantially promote
additional residential or commercial growth within the Project area than currently exists. Project
access roads that will be constructed will be located within private easements, and therefore will
not induce growth in the area.
6.10.2 Minimization and Mitigation Measures
The Project is not expected to have a significant impact on the local property values. Therefore,
mitigation measures to address property values are not necessary. However, property owners
within the viewshed of proposed wind power projects often inquire about the possibility that
these projects could at some point be abandoned, and that the abandoned facilities may affect
local property values. To address this issue, the Project Sponsor will establish a
decommissioning fund in an amount sufficient to secure the cost of removing turbine site
improvements as required under its leases with participating landowners. This fund will assure
that the proposed wind power facility will be dismantled and removed in accordance with the
Project’s Decommissioning Plan in the event that it reaches the end of its operational life span or
its operation is otherwise abandoned.
The Project is compatible with the agricultural land use that dominates the Project Site.
However, the Project will impact agricultural activities (at least temporarily) and will result in a
change to community character and perceived land use throughout the area. Mitigation measures
will be undertaken to reduce the impact of the wind energy facility on community character,
which includes:
• Locating all electrical collection (interconnect) lines underground or, where following
existing public roads, locating all interconnect lines underground or within an existing
ROW when aboveground.
• Lighting towers only to the extent necessary to comply with FAA requirements. An
application has been submitted to the FAA for approval, and the FAA has conducted an
Aeronautical Study for each turbine location. These studies indicated that the proposed 7
turbines will require lighting in accordance with FAA guidelines. Lighting for the
substation and other ground level facilities will be kept to a minimum and generally
operated by switch or motion detector.
• Not affixing television, radio or other communication antennas or advertising signs (other
than the turbine manufacturer’s logo) to the towers or any other Project structures.
• Utilizing tubular towers and finishing structures painted with a single, non-reflective
matte finish color.
• Avoiding use of guy wires on permanent meteorology towers.
• Installing turbines in locations where proximity to existing fixed broadcast,
retransmission, or reception antenna for radio, television, or wireless phone or other
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personal communications systems, will minimize potential electromagnetic interference
with signal transmission or reception.
• Designing all Project components in a way that minimizes the impacts of land clearing
and the loss of open space.
• Locating Project components so as to minimize impacts on state and federal jurisdictional
wetlands.
• Managing storm water run-off and erosion control in a manner consistent with all
applicable state and federal laws and regulations.
• Removing all solid waste, hazardous materials and construction debris from the site and
managing its disposal in a manner consistent with all appropriate rules and regulations.
These actions will assure that adverse impacts on community character are minimized or
mitigated to the extent practicable. In addition, building the currently proposed Project will not
encourage the development of other wind energy projects in the area. Therefore, mitigation for
growth inducing impacts is not required. In the event of re-powering or replacement, visual,
noise, and/or other impacts will be extended for the length of the operational Project. If the
Project is repowered/redeveloped, measures that are put in place to minimize or mitigate impacts
during the current Project will continue for the duration of the repowered Project.
The current trend in the wind energy industry has been to replace or “re-power” older wind
energy Projects by upgrading older equipment with more efficient turbines. However, if not
upgraded or if the turbines are non-operational for an extended period of time (such that there is
no expectation of their returning to operation), they will be decommissioned, in accordance with
the Decommissioning Plan. Decommissioning would consist of the following activities:
• All turbines, including the blades, nacelles, and towers will be disassembled, and
transported off site for reclamation and sale.
• All of the transformers will also be transported off-site for reuse or reclamation.
• Foundations at depths less than 36 inches below grade will be removed.
• Except as described otherwise for active agricultural fields, all buildings, structures, wind
turbines, access roads and/or driveways and foundations at depths greater than 36 inches
below finished grade will be left in place. Areas where subsurface components are
removed will be graded to match adjacent contours, stabilized with an appropriate seed
mix, and allowed to re-vegetate naturally. At the discretion of the landowner, access road
materials will be removed and transported to a disposal location. Written approval by the
landowner will be obtained for any access roads to remain in place.
The Decommissioning Plan will detail the process, estimated cost, salvage value, and site
restoration will be provided to the Town of Enfield prior to Project operation. All
decommissioning and restoration activities will be in accordance with all applicable federal,
state, and local permits and requirements.
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6.10.3 Findings
Potential impacts to growth and community character will be avoided, minimized and/or
mitigated to the maximum extent practicable with implementation of the requirements set forth
in Section 6.10.2 above. Moreover, any potential impacts are outweighed by the environmental
benefits to be provided by the Project.
6.11 Historic, Cultural And Archeological Resources
6.11.1 Discussion of Potential Impacts
Construction of the Project will include ground disturbing activities that have the potential to
impact archaeological resources. The area of potential effect (APE) for archeological resources
includes all areas within the limits of disturbance for proposed construction activities.
Archeologically sensitive areas are identified based on the following criteria: undisturbed areas
that are environmentally sensitive with relatively level well-drained soils or in the vicinity of
potable water such as springs, streams or creeks (these characteristics typify known site locations
in the region); proximity to known (i.e., previously reported) prehistoric or historic site locations
within or adjacent to the Project Site; and proximity to structures depicted on historic maps
located within or immediately adjacent to the Project Site. Once the Project has been
constructed, no significant earth-disturbing activities associated with operation and maintenance
of the Project will occur.
The Project’s potential effect on a given historic property would be a change (resulting from the
introduction of wind turbines) in the property’s visual setting, if turbines are visible when the
historic property is viewed from a publicly accessible vantage point. The potential effect
resulting from the introduction of wind turbines into the visual setting for any historic or
architecturally significant property is dependent on a number of factors including the number of
visible turbines, distance, visual dominance, orientation of views, viewer context and activity,
and the types and density of modern features in the existing view (such as buildings/residences,
overhead electrical transmission lines, cellular towers, billboards, highways and silos). Scenic
views and/or association with the landscape are not specifically identified as contributing to the
significance of any of the historic resources in the study area.
Visibility of a project does not necessarily indicate that an adverse effect will occur. The
NYSDEC guidance concerning visual impacts on aesthetic resources of statewide significance
(which include NRHP-listed and NRHP-eligible structures) defines significant aesthetic impacts
as those “that may cause a diminishment of the public enjoyment and appreciation of an
inventoried resources, or one that impairs the character or quality of such a place. Mere
visibility, even startling visibility of a project proposal, should not be a threshold for decision
making. Instead a project, by virtue of its visibility, must clearly interfere with or reduce the
public’s enjoyment and/or appreciation of the appearance of an inventoried resource” (NYSDEC,
2000:5).
A series of cultural resources studies were undertaken in the Project’s Area of Potential Effect to
identify potential adverse impacts to historic and archeological resources. All of the studies were
39
conducted in accordance with the New York State Historic Preservation Office Guidelines for
Wind Farm Development Cultural Resources Survey Work (the SHPO Wind Guidelines) issued
by the NYSOPRHP in 2006.
A Phase 1A Cultural Resources Survey was initially conducted, including an inventory of
previously identified cultural resources (archeological sites and historic structures/properties) in
the area that may be affected by the proposed Project, and an evaluation of the potential for
previously unidentified cultural resources to be located in the Project’s area of potential effect.
The Phase 1A report recommended that additional (Phase 1B) studies be conducted to determine
if previously unidentified cultural resources are located in the Project APE.
The Phase 1B Archeological Reconnaissance Survey was conducted in August 2013. The survey
consisted of a review of NYSOPRHP files to determine the presence of known archeological
sites within five miles of the proposed Project and an archeological survey (field investigation)
of areas where ground-disturbing activity will occur during construction of the Project. The site
inventory identified fourteen prehistoric and eleven historic archeological sites within five miles
of the proposed Project. The field investigation included a total of 643 shovel test pits (STPs)
and a systematic surface survey of a recently plowed field. No prehistoric or historic
archeological sites were identified by the archeological field survey. The review of the results by
the NYS Office of Parks, Recreation and Historic Preservation (NYSOPRHP) indicated that no
further archeological investigation was required.
A Phase 1B Historic Building Survey was conducted in September 2013 to identify buildings,
structures, districts, cemeteries, and landscapes that are eligible for the National Register of
Historic Places (NRHP) within the five-mile area of potential effect of the Project. A file search
identified two NRHP-listed structures, three buildings previously determined to be NRHP-
eligible, and one NRHP-eligible district comprised of six structures along NY Route 228
between the hamlets of Odessa and Mecklenburg. A field survey recorded 403 historic
properties fifty years or older within the five-mile viewshed of the Project. Of these properties,
the survey recommended 27 individual historic resources and one historic district eligible for the
NRHP. These properties are typically determined NRHP-eligible because they are representative
examples of vernacular nineteenth-century architectural styles that retain their overall integrity of
design and materials, or are associated with broad themes such as the agricultural development
of the region. These properties would retain the characteristics that caused them to be
recommended eligible after the introduction of wind turbines into their visual settings.
The Historic Building Survey concluded the construction of the Project would not require the
demolition or physical alteration of any buildings. It also the noted the possibility of adverse
effects on historic properties if the physical features, setting, or use of the property that
contributes to its historic significance are changed by the introduction of visual, atmospheric, or
audible elements. NYSOPRHP reviewed the Phase 1B Historic Building Survey and indicated
that a Historic Resources Visual Effects Analysis was needed.
A Historic Resources Visual Effects Analysis was conducted. According to viewshed modelling,
30 of the 46 historic resources surveyed will have no views of the Project due to screening from
topography and vegetation. Of the remaining 16 historic resources, two are located within one
40
mile of the Project. The potential visual effect on the setting associated with these two properties
is greater compared to those resources located further away, due to the proximity and perceived
scale of the turbines.
The Historic Resources Visual Effects Analysis completed the series of cultural resource studies
submitted to the NYSOPRHP. NYSOPRHP issued an effect determination for the entire project
in a letter dated September 18, 2014 including the determination that the Black Oak Wind Farm
would have No Adverse Effect on properties listed or eligible for listing in the National Register
of Historic Places, stated as follows:
While there are a significant number of National Register eligible and listed resources
within the visual area of potential effect for this project, the low number of actual
turbines minimizes the overall impacts to the general setting shared by these properties.
As such, it is our recommendation that this undertaking, as presently proposed, will have
No Adverse Effect on those properties that are listed in or eligible for listing in the
National Register of Historic Places.
6.11.2 Minimization and Mitigation Measures
No impacts have been identified to historic and archeological resources eligible for listing on the
State or National Register of Historic Places, and no mitigation is proposed. With regard to
locally perceived impacts on historic resources or character, mitigation options are limited, given
the nature of the Project and its siting criteria (very tall structures typically located in open fields
at the highest locally available elevations). Mitigation measures with regard to visual and
aesthetic resources listed in Section 6.13.2 are also relevant to cultural resources.
6.11.3 Findings
Potential impacts to historic, cultural and architectural resources will be avoided, minimized
and/or mitigated to the maximum extent practicable.
6.12 Agricultural Resources
6.12.1 Discussion of Potential Impacts
Project construction will result in temporary and permanent impacts to agricultural land within
the Project Area. Construction-related impacts to agricultural lands will result from site
preparation, earth-moving, and excavation/backfilling activities associated with construction/
installation of staging areas, access roads, foundations, and buried electrical interconnect.
Specifically, construction activities have the potential to impact soil in agricultural fields through
rutting, mixing of topsoil and subsoil, and soil compaction. In order to minimize soil disturbance
impacts, construction on steep slopes (i.e., in excess of 25 percent) was avoided when siting
Project components. In addition, existing roads will be used for turbine access where available.
Based on the area of impact assumptions, these activities will result in disturbance to
approximately 26 acres of land categorized as agricultural by the NYSORPTS. Most of these
impacts will be temporary; however, approximately 2.0 acres of NYSORPTS classified
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agricultural land will be converted to build facilities and removed from agricultural land use for
the life of the Project. Approximately 58 acres of impacts are expected within Tompkins County
Agricultural District 2. Of these 58 acres of disturbance, approximately 51 acres will be
temporary.
No soils classified as Prime Farmland will be disturbed; however, approximately 38 acres of
soils classified as Farmland of Statewide Importance will be disturbed by the Project.
Temporary impacts will account for approximately 34 acres of disturbance to these soils, while
approximately 4 acres will be converted to build facilities. Along with direct impacts to
agricultural land, movement of equipment and material during construction could result in
impacts to growing crops, fences and gates, subsurface drainage systems (tile lines), and
temporary blockage of farmers’ access to agricultural fields.
6.12.2 Minimization and Mitigation Measures
To minimize and/or mitigate Project impacts to active agricultural land and farming operations,
Project siting and construction will comply with NYSA&M Guidelines for Agricultural
Mitigation for Windpower Projects. Mitigation and minimization measures will include the
following:
• Limiting permanent road widths to 15 feet, and where possible, following hedgerows and
field edges to minimize loss of agricultural land.
• Siting roads that must cross agricultural fields on ridge tops and other high ground to
minimize cut and fill as well as potential drainage problems.
• Limiting vehicular access and equipment traffic and parking to access roads and/or
designated work areas such as tower sites and laydown areas.
• Maintaining access roads throughout construction so as to allow continued use/crossing
by farmers and farm machinery.
• In developing roads on active agricultural land, strip all topsoil from the entire work area
and stockpile in windrows along the road or in designated temporary storage areas.
Temporarily stockpiled topsoil shall be segregated from other excavated material (rock
and/or subsoil) and located far enough from the road edge to allow vehicles to pass
without driving over topsoil. However, stockpiled topsoil must be left on the property
from which it was removed.
• Avoiding blocking of surface water drainage due to road installation or stockpiled
topsoil.
• Burying interconnection lines underground wherever possible. A minimum depth of 48
inches will be used in tilled lands in order to minimize the potential for contact with
agricultural implements. A minimum depth of 36 inches will be used in unimproved
grazing areas and land permanently devoted to pasture. If bedrock is encountered before
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the depths specified above, cables will be placed entirely below the top surface of
bedrock and at least 24 inches below the surface.
• Consultation with landowners, the Tompkins County Soil Conservation District and the
NRCS will be conducted prior to Project construction to identify any known subsurface
drainage features to avoid disturbance of surface and subsurface drainage features
(ditches, diversions, tile lines, etc.) to the greatest extent practicable. Efforts will be
made to avoid potential impacts. In cases where disturbance is unavoidable any necessary
repair/replacement of the affected features will be undertaken. Any such structures
disturbed during construction shall be repaired to as close to original condition as
possible, as soon as possible, unless such structures are to be eliminated based on new
design.
• Prohibiting stripping of topsoil or passage of cranes across agricultural fields during
saturated conditions when such actions would damage agricultural soils. This restriction
may be a limiting factor for construction activities after heavy rainfalls during any
season, particularly in the early spring (due to snowmelt).
• Temporarily fencing open excavation areas in active pastureland to protect livestock.
• Washing of concrete trucks and disposal of excess concrete outside of active agricultural
areas in locations approved by the environmental monitor.
• Restricting erection cranes to designated access roads, crane paths, and work pads at the
structure sites for all setup, erection and breakdown activities.
• Site restoration, including removal of excess road material, soil decompaction, rock
picking, and respreading of topsoil in disturbed agricultural fields following the
completion of construction.
• Stabilizing restored agricultural areas with seed and/or mulch.
• Removing and disposing of all construction debris offsite at the completion of
restoration.
• Compensation for damaged/lost crops in accordance with participating landowner lease
agreements.
Temporarily disturbed soils on agricultural land will be restored following construction.
Restored areas will include the area around turbine sites, road edges, crane paths, temporary
roads, and staging areas. This process will generally involve the following sequence of
activities:
1. Removal of gravel or other temporary fill.
2. Decompaction of compacted subsoils to a depth of 18 inches using a deep ripper.
3. Disking and removal of stones from decompacted subsoil.
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4. Spreading of stockpiled topsoil over decompacted subsoil. Respreading of topsoil so as
to reestablish pre-construction contours to the extent practicable.
5. Disking and removal of stones from respread topsoil.
6. Seeding and mulching topsoil. Seed selection in agricultural fields will be based on g
guidance provided by the landowner and the NYSA&M.
Agricultural impacts during construction will also be minimized by providing the contractor and
all subcontractors with copies of the final construction documentation and plans, which will
contain all applicable soil protection, erosion control, and soil restoration measures. In general,
erosion, sedimentation, and soil drainage impacts to agricultural lands during construction will
be minimized by the implementation of an erosion and sedimentation control plan developed as
part of the SPDES General Permit for the Project. One or more pre-construction meetings will
be held with the contractor and a representative of the NYSA&M, and, during construction, the
Environmental Monitor will assure compliance with the construction plans and soil protection
measures. In addition, an Agricultural Data Statement will be filed pursuant to Section 305-a of
the Agricultural and Markets Law.
Following construction, mitigation of agricultural impacts will continue through the two-year
monitoring and remediation period, as specified by the NYSA&M Guidelines for Agricultural
Mitigation for Windpower Projects. The monitoring and remediation phase is important to
identify any remaining agricultural impacts associated with construction that are in need of
mitigation or to implement the follow-up restoration.
6.12.3 Findings
Potential impacts to agricultural resources will be avoided, minimized and/or mitigated to the
maximum extent practicable with implementation of the requirements set forth in Section 6.12.2
above.
6.13 Aesthetic and Visual Resources
6.13.1 Discussion of Potential Impacts
Visual impacts during construction will include the addition of construction material and
working construction vehicles and equipment to the local roads. In addition, construction
activity/site disturbance, such as tree clearing, earth moving, soil stockpiling and road building,
all of which will alter the character of the landscape, at least on a temporary basis, may be visible
from some public vantage points. Dust generated by the movement of these vehicles could also
potentially have an adverse impact on aesthetic resources. However, all of these activities will
be relatively short term (i.e., generally restricted to the construction season), and at any one site,
will generally occur on only a few days during the course of Project construction. In addition,
the most significant earth moving, tree clearing, and general construction activity will occur at
turbine sites, which are typically well removed and/or screened from public vantage points.
Once construction activity ceases and site restoration activities are complete, construction-related
visual impacts will no longer occur.
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The potential visibility and visual impact of the proposed Project is evaluated in the Visual
Impact Assessment (VIA) for the Project. The VIA includes an evaluation of the potential
daytime and nighttime visibility of the Project based on viewshed analysis (including the
screening effects of vegetation and FAA warning light visibility) and preparation of
representative visual simulations.
In the daytime hours, the turbines will not be visible from 84.0 percent of the area within five
miles of the Project. In the nighttime hours, the turbines will not be visible from 86.6 percent of
the area within five miles of the Project. Views to the Project will be screened by topography,
forested areas and existing structures.
Potentially visible areas are scattered throughout the five-mile study area, but are most
concentrated in the central and northern portions of the study area. Of the six identified aesthetic
resources of statewide significance within the five-mile study area, five will have no views of the
Project, due to topographical and vegetative screening. Based on the viewshed analyses and
field verification efforts, the Finger Lakes Trail is the only aesthetic resources of statewide
significance expected to have partial views of the turbines. In addition, there will be no turbines
visible from the population centers of Newfield Hamlet and Enfield Center, nor from the
majority of identified resources of local significance (e.g., schools, campgrounds, parks, golf
courses, State Forests). Local resources expected to have partial or full views of the turbines
include Rolfe Cemetery, the Noble House Farm Bed and Breakfast, State Routes 79 and 228, and
Mecklenburg United Methodist Church. Views will also be available from portions of numerous
local roadways, including McIntyre Road, Carley Road, Williamee Road, Black Oak Road,
Swamp Road, Cox Road, Rothermich Road, County Line Road, and Kelsey Road.
Field review confirmed that actual Project visibility is likely to be even more limited than
suggested by viewshed mapping. This is due to the fact that trees within the study area provide
more extensive and effective screening than assumed in these analyses (e.g., vegetation is more
extensive than indicated on the USGS NLCD, and often taller than 40 feet in height). The result
is that certain sites/areas where "potential" visibility was indicated by viewshed mapping were
actually well screened from views of the proposed Project. Field review also confirmed a lack of
visibility (due the screening effects of adjacent buildings and/or vegetation) from areas that were
heavily forested and from hamlet centers. Sites of statewide significance where field review
confirmed lack of visibility (due the screening effects of adjacent buildings and/or vegetation)
included Newfield Covered Bridge, Enfield Falls Mill, Miller’s House, Robert H. Treman State
Park, and forested portions of the Finger Lakes Trail.
Photo simulations demonstrate that the visual impact of the Project will be highly variable based
on landscape setting, the extent of the screening (e.g., buildings, trees, or terrain), presence of
other natural or man-made features in the view, the distance of the viewer from the Project,
weather conditions, and sensitivity of the viewer to change. When characterizing the Project
visibility, there are a number of factors involved when analyzing the impact and compatibility of
the Project with the existing environment. Some of the factors include: landscape setting, visible
horizon, contrast and color, and scale. The visual impact of the Project will be greatest within
1.5 mile (e.g., from locations with foreground views) where the turbines will be the largest
structures and appear out of context compared to other structures within the landscape view. The
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photo simulations of the Project from middle ground distances (i.e., 1.5 to 4.0 miles) show that
the turbines will still be perceived as the dominant structures; however, the scale and dominance
begin to lessen as one moves further away from the turbines, and topography and vegetation play
a greater role in screening potential views.
According to the NYSDEC Visual Policy, simple visibility of the Project from any of the
viewing locations does not imply detrimental effect to the beauty or structure. The photo
simulations show that there will be views of the proposed Project from many locations within the
visual study area. However, these views do not meet the NYSDEC criteria for significant
aesthetic impacts. The turbines will not have a detrimental effect on the perceived beauty of a
place of aesthetic resources of statewide significance, and will not cause a diminishment of the
public enjoyment of such resources.
In addition to the VIA, a separate assessment of the phenomenon known as “shadow flicker” was
conducted by Harris Miller Miller & Hanson Inc. (HMMH). Shadow flicker is the alternating
change in light intensity or shadows created by the moving turbine blades when back-lit by the
sun. The Town of Enfield has a local wind law that addresses shadow flicker, stating “the study
shall identify locations where shadow flickers could be caused by the WTG and the expected
durations of the same at these locations. Shadow flickers shall be mitigated if their impact
materially affects any Residence.” However, no local, county state, or national laws or standards
exist that set a threshold or quantify the allowable frequency or duration of shadow flicker at the
Project Site. In general, quantified limits on shadow flicker are uncommon in the United States
because studies have not shown it to be a significant issue.
The shadow flicker modeling analysis for the Project was conducted by HMMH (2013b) using
WindPRO SHADOW Modeling Software. Input variables and assumptions used for shadow
flicker modeling calculations for the proposed Project include:
• Latitude and longitude coordinates of the seven proposed wind turbine sites.
• Latitude and longitude coordinates for 82 nearby residential structures.
• The rotor diameter (100 meters [328 feet]) and hub height (96 meters [315 feet]) for the
GE 1.7-100 turbine model.
• The average monthly sunshine probability for Enfield.
• Annual wind direction frequency, based on site specific meteorological data.
• National Elevation Dataset (NED) from the USGS.
• Forest cover data from the 2001 NLCD, verified by comparison with recent aerial
photographs.
The study results indicate relatively low shadow/flicker effects to a majority of receptor locations
in the vicinity of the Project Site. Shadow flicker will not exceed the 30 hour/year threshold at
any residential structures. Moreover, shadow flicker will not exceed 20 hours/year at any
residential structure. The projected shadow flicker at each of the 82 residential structures near
the Project Site is summarized below:
• 50 structures (61%) are not expected to experience any shadow flicker,
• 19 structures (23%) may be affected 0 to 10 hours/year, and
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• 13 structures (16%) may be affected 10 to 20 hours/year.
Additional information about the anticipated shadow flicker at receptors expected to receive
more than 10 hours of flicker per year is provided below:
6.13.2 Minimization and Mitigation Measures
Construction-related visual impacts will be minimized and mitigated through: 1) careful site
planning/project layout, 2) development and implementation of various construction plans, and
3) a comprehensive site restoration process following completion of construction. Site planning
has already been utilized to locate turbines away from visually sensitive resources/receptors and
minimize site disturbance, including tree clearing and grading. During construction, visual
impacts associated with working construction equipment will be minimized through adherence to
a construction routing and sequencing plan that minimizes impacts on local roads and residences.
A dust control plan and a sediment and erosion control plan will be developed and implemented
to minimize offsite visual impacts associated with construction activities. Any unavoidable
construction-related visual impacts will be short term.
Following completion of construction, site restoration activities will occur. Restoration will
include removal of excess road material from Project access roads, restoration of agricultural
fields (including soil decompaction, rock removal, and topsoil spreading), and
revegetating/restoring disturbed sites through seeding and mulching. These actions will assure
that, as much as possible, the site is returned to its preconstruction condition and that long-term
visual impacts are minimized.
Receptor ID Location Predicted Shadow
Flicker (hh:mm)
BI Black Oak Road 7th from the top 19:51
AB Chapman Road 2nd from the top 17:16
AJ Connecticut Hill Road 3rd from west 16:33
BL Black Oak Road 9th from the north 16:21
AD Black Oak Road 3rd from the top 16:08
BJ Black Oak Road 8th from the top 14:48
AH Connecticut Hill furthest west 14:04
AA Black Oak Road furthest north 13:42
AI Connecticut Hill Road 2nd from west 13:40
AF Black Oak Road 6th from the top 13:30
AP Connecticut Hill Road 3rd from east 11:07
AS Connecticut Hill Road 2nd from east 10:56
AO Connecticut Hill Road 4th from east 10:32
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Mitigation options for the operating Project are limited, given the nature of the Project and its
siting criteria (very tall structures typically located in open fields at the highest locally available
elevations). It is also worth noting that for many individuals, views of wind power projects are
not necessarily considered an adverse impact that requires mitigation. However, in accordance
with NYSDEC Program Policy, the following mitigation measures are required:
• The Project has been scaled down to seven turbines, which is far fewer than the 20
original proposed, thereby reducing the visual impacts.
• There will be no new overhead transmission or collection lines. To reduce visual
impacts, the system of 34.5 kV collection lines connect the individual turbines to the
substation will be buried underground.
• The turbines will not be used for corporate advertising. Lettering on the turbines will be
minimized and will not include the Project Sponsor (but may include the turbine
manufacturer).
• The wind turbines will be simple in design and consist of a tubular structure and not
lattice framework. The color of the turbines will be non-intrusive and consist of a non-
reflective neutral off-white color. This color is also conducive to minimizing the visual
contrast with the background sky. The turbines appearance with respect to one another
will be similar throughout the facility so as to provide uniformity in overall size,
geometry, and rotational speeds.
• No new maintenance buildings are anticipated for the Project; however, if one is
required, it will be designed to resemble an agricultural building similar in style to those
found throughout the area, minimizing contrast.
• Vegetation clearing around the turbines will be kept to minimum to ensure the natural
landscape is maintained as much as possible.
• To the extent feasible, the Project will utilize existing roadways to minimize removal of
trees and vegetation during construction and maintenance activities. Any additional
roadways will be designed to follow topographic contours and minimize cutting and
filling.
• Once construction is complete, temporarily disturbed areas will be restored (including
removal of excess road material, de-compaction, and rock removal in agricultural areas)
and returned to approximately their pre-construction contours. Exposed soils at restored
tower sites, and along roads, crane paths, and buried collection lines will be stabilized by
seeding, mulching, and/or agricultural planting.
• Turbine lighting will be kept to the minimum allowable by the FAA. Medium or low
intensity red blinking lights will be used at night, rather than white strobes or steady
burning red lights. The lowest permissible “off-cycle” will be utilized, and fixtures with
a narrow beam path will be considered as a means of minimizing the visibility/intensity
of FAA warning lights at ground-level vantage points.
• Lighting at the substations will be kept to a minimum, and turned on only as needed. The
main security lighting at the substation will be activated by passive infrared sensors, and
will be fitted with appropriate shades to direct light in a downward direction. Task
lighting will be designed related to specific operational and emergency activities, and will
only be activated when required.
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• The turbines and turbine sites will be maintained to ensure that they are clean, attractive,
and operating efficiently. The towers will be re-painted as needed.
• Ancillary facilities, including the substation, will also be maintained to ensure they are
clean and operating efficiently. The substation will be fenced.
• The Project Sponsor will establish a decommissioning fund to ensure that if the Project
goes out of service and is not repowered/redeveloped, all visible above-ground
components will be removed.
• A Landscaping Plan will be prepared as part of the submission of the Wind Energy
Permit application. This Plan will depict existing vegetation and areas to be cleared, as
well as describe any new plant materials proposed to be added to the landscape.
• Correction of an existing aesthetic problem within the viewshed is a viable mitigation
strategy for wind power projects that result in significant adverse visual impacts.
Alternatively, historic structure restoration/maintenance activities could be undertaken to
offset potential visual impacts on cultural resources.
As indicated above, 30 hours of shadow flicker per year is commonly used as the threshold of
significant impact, or as a measure of when shadow flicker is commonly perceived as an
annoyance. When shadow flicker is anticipated to exceed 30 hours/year, mitigation measures
such as plantings to provide screenings or installation of window treatments are often considered.
However, shadow flicker from the proposed Project will not exceed the 30 hour/year threshold at
any residential structures. Therefore, no mitigation for shadow flicker effects is warranted and
none is proposed.
6.13.3 Findings
Potential impacts to aesthetic and visual resources will be avoided, minimized and/or mitigated
to the maximum extent practicable with implementation of the requirements set forth in Section
6.13.2 above. Moreover, any potential impacts are outweighed by the environmental benefits to
be provided by the Project.
6.14 Open Space and Recreation
6.14.1 Discussion of Potential Impacts
Construction of the Project would cause no direct impacts to recreational areas because none are
located within the construction footprint.
Project construction will require the use of heavy equipment and construction vehicles for
construction of access roads, excavation and pouring of foundations, installation of buried
electrical interconnects, and the erection of turbine components. Users of recreational areas in
the immediate vicinity of the Project Site (i.e., Connecticut Hill WMA, the isolated portion of
Robert H. Treman State Park, and portions of the Finger Lakes Trail) may temporarily
experience construction-related noise impacts similar in magnitude to repair or repaving work
occurring on a nearby road. More commonly, sounds from Project construction are likely to be
faintly perceived as the far off sound of diesel-powered earthmoving equipment characterized by
such things as irregular engine revolutions, back up alarms, gravel dumping, and the clanking of
metal tracks. In any event, construction-related noise will be a temporary impact.
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Some wildlife displacement may occur in the immediate vicinity of construction activities
because of increased noise and human activity. The significance of this impact will vary by
species and the seasonal timing of construction activities. No significant impact to hunting
opportunities within the Connecticut Hill WMA are anticipated because the impact will be
localized, minor, and temporary. No construction transportation routes will pass through the
Connecticut Hill WMA because the roads in this area are unsuitable and do not provide an
efficient route to the Project Site. Construction transportation will proceed from Highway 79
south on Black Oak Road to the Project Site. Therefore, no significant impacts to the WMA will
result from construction transportation.
No federal, state, or local regulations regarding wind turbine operations would place additional
restrictions on firearm use in the vicinity of the Project. Therefore, no hunting restrictions will
be imposed within the Connecticut Hill WMA and no loss of public use will result from Project
operation.
The Finger Lakes Trail System (FLT) is the only recreational area anticipated to have views of
the Project. Trail users are likely to have intermittent turbine views as they pass along the
eastern side of the Project Site. The impacts to these users are expected to be highly subjective.
Some users would consider this an adverse impact and others would not be adversely impacted.
In fact, the Project would likely become a sight-seeing attraction to some people. Vegetation and
topography are expected to screen the Project from all other recreational areas in the vicinity of
the Project.
Users of the FLT and a small, northern portion of the WMA may experience low levels of
turbine noise. The sound levels experienced by these users are expected to be much less than
those produced by other sources commonly encountered in the area (e.g., cars and trucks,
tractors, lawnmowers, snowmobiles, etc.). In none of these areas will the ambient noise level
exceed the 65 dBA maximum recommended by the NYSDEC for non-industrial settings. Given
the distance to all other recreational resources in the area, no noise-related impacts are
anticipated to these resources.
The Project will not result in wide-scale conversion of land to built/impervious surfaces.
Consequently, no significant changes to the rate or volume of stormwater runoff are anticipated.
However, installation of permanent Project components could result in localized changes to
runoff/drainage patterns. During detailed design, the exact locations of such measures will be
determined and depicted on the Project sediment and erosion control drawing set. Nevertheless,
specific means of avoiding or minimizing stormwater-related adverse impacts during
construction and operation of the Project include adherence to detailed soil erosion and
sedimentation control plans and the stormwater requirements set forth in the SPDES regulations.
As a result, no significant impacts are anticipated related to waters flowing from the Project Site
through the Connecticut Hill WMA.
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6.14.2 Minimization and Mitigation Measures
The Project would result in no direct impacts to common, prominent, or customary recreational
practices in the area such as hiking, bicycling, snowmobiling, camping, bird watching, hunting,
or fishing. No recreational areas are located within the Project’s construction footprint and only
a small portion of the FLT (approximately 1 mile) occurs within the Project Site. Construction
and operation of the Project is expected to result in minor, temporary, and intermittent visual and
noise impacts to recreational users in the immediate vicinity of the Project.
Although impacts related to construction noise will be temporary, and are not anticipated to be
significant, mitigation measures shall include:
• Implementing best management practices for sound abatement during construction,
including use of appropriate mufflers and limiting hours of construction.
• Implementing a complaint resolution procedure to assure that any complaints regarding
construction or operational sound are adequately investigated and resolved.
While the impacts to recreational resources resulting from the proposed Project are not of the
type or magnitude to require mitigation, the Community Outreach and Communications Plan
will provide area residents with a forum to log and resolve complaints if necessary.
6.14.3 Findings
Potential impacts to open space and recreational resources will be avoided, minimized and/or
mitigated to the maximum extent practicable with implementation of the requirements set forth
in Section 6.14.2 above.
6.15 Socioeconomics
6.15.1 Discussion of Potential Impacts
The Project should have both direct and indirect positive economic effects on participating
individual landowners, the Town of Enfield, Tompkins County, and the school districts. These
effects would commence during the planning and construction phases and continue throughout
the operating life of the Project.
For the duration of construction (approximately 6 to 8 months), there could be a temporary
increase in local population and demand for temporary housing by out-of-town workers.
However, this demand would be relatively modest, and could easily be accommodated by the
availability of vacant housing in the Town of Enfield and surrounding communities. Beyond this
relatively minor (and positive) short-term impact, Project construction would not have significant
impact on population and housing. Based on the above housing information and vacancy rate,
there is likely an adequate supply of local housing and temporary accommodations in Tompkins
County for the expected Project demand.
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The Project Sponsor estimates the on-site construction workforce at approximately 25 workers.
It is anticipated that a majority of the onsite workforce would be from the New York labor
market, which in light of the size of the statewide labor force and the number of unemployed,
can easily supply the required workforce. Local employment would benefit those in the
construction trades, including equipment operators, truck drivers, laborers, and electricians.
Project construction would also require workers with specialized skills, such as crane operators,
turbine assemblers, specialized excavators, and high voltage electrical workers. It is anticipated
that the majority of these specialized workers would be sourced from outside of the Project area
and would remain only for the duration of construction.
The Project Sponsor expects that the operation of the installed Project will require between four
and five full-time jobs or their equivalent. The Project Sponsor expects that salaries in the first
year of operation will total approximately $240,000. Some of these employees may be local to
the Project, which could translate into a very slight increase in local population. Based on
vacancy rates in the Towns, there would be an adequate number of housing units available for
purchase or rent. Although this represents a positive economic impact, long-term employment
associated with the Project is not large enough to have a significant impact on local population or
housing characteristics.
In addition to employment, lease payments also offer a direct financial benefit to all participating
landowners, and may enhance the ability of participating landowners to purchase additional
goods and services. A total of five leaseholders will receive payment at a flat rate of 3% of the
project gross revenue, for an estimated total of $116,250. Leases will be for a 30-year term, with
two 20-year extensions beyond that.
The Project Sponsor also expects to distribute “good neighbor” payments in the amount of
$5,000 per year. Although the structure of such payments has not yet been formalized, the
Project Sponsor’s preliminary estimates indicate that an annual payment equal to 1% of the
project gross revenue (approximately $35,000) would be distributed among 80 landowners
within the Project footprint.
Furthermore, as a community wind project, the Project is expected to distribute annual cash
dividends to its investors, which include local residents. Based on estimates for power output
and Project-related expenses, total dividend distributions are estimated to reach approximately
$623,000 annually in the near term. To date, approximately $1,000,000 worth of local capital
has been invested in the Project. The Project Sponsor anticipates that an additional $35,000,000
in construction capital will be raised from New York State residents only. These in-state
investors will receive returns on their investment, which will have a positive impact on the
statewide economy.
Subject to ongoing negotiations between the Project Sponsor and the Tompkins County
Industrial Development Agency, it is anticipated that a PILOT agreement will be reached
between the Project sponsor and the Town of Enfield, Ithaca City School District, Odessa School
District, and Tompkins County. Although the structure of such payments has not yet been
formalized, it is estimated that the PILOT will be approximately $100,000 per year over the
course of 15 years. This annual revenue stream will be distributed among the relevant taxing
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jurisdictions according to their share as determined by the local combined tax rates and pursuant
to the terms of the PILOT agreement.
6.15.2 Minimization and Mitigation Measures
Because the Project will create positive impacts to the socioeconomic status of the community,
no mitigation measures are proposed herein.
6.15.3 Findings
The Project does not present a potential significant adverse impact to the socioeconomic
conditions. To the contrary, the Project may provide incremental and long-term economic
benefits to the community.
6.16 Public Safety
6.16.1 Discussion of Potential Impacts
Public safety concerns associated with the construction of a wind power project are fairly
standard construction-related concerns. These include the potential for injuries to workers and
the general public, as well as livestock, from: 1) the movement of construction vehicles,
equipment and materials, 2) falling overhead objects, 3) falls into open excavations, and 4)
electrocution. These types of incidents are well understood and with proper safety plans can be
eliminated or at least minimized, and do not require extensive background information.
Public safety concerns associated with the operation of a wind power project are less well known
to most people and are thus the focus of this section. In many ways, wind energy facilities are
safer than other forms of energy production since a combustible fuel source and fuel storage are
not required. In addition, use and/or generation of toxic or hazardous materials are minor when
compared to other types of generating facilities. However, wind turbines are generally more
accessible to the public, and risks to public health and safety can be associated with this form of
energy generation. Examples of such safety concerns include ice shedding, tower collapse, blade
throw, stray voltage, fire, lighting strikes, electrocution and electromagnetic fields.
Ice shedding and ice throw refer to the phenomena that can occur when ice accumulates on rotor
blades and subsequently breaks free and falls to the ground. Although a potential safety concern,
there has been no reported injury caused by ice being “thrown” from an operating wind turbine.
However, ice shedding does occur, and could represent a potential safety concern.
The general public could also be exposed to construction-related hazards due to the passage of
large construction equipment on area roads and unauthorized access to the work site (e.g., on
foot, by motor vehicle, ATV, or snowmobile). The latter could result in collision with stockpiled
materials (soil, rebar, turbine/tower components), as well as falls into open excavations. Because
construction activities will adhere to industry safety standards and occur primarily on private
land, and be well removed from adjacent roads and residences, exposure of the general public to
construction-related risks/hazard is expected to be very limited.
53
While the concerns surrounding stray voltage are legitimate, it is important to note they are
largely preventable with proper electrical installation and grounding practices. The Project’s
power collection system will be properly grounded, and will be electrically isolated (in
accordance with required electricity regulations) from the local electrical distribution lines that
provide electrical service to on-site structures or off-site buildings and homes. It will be
physically and electrically isolated from all of the buildings in and adjacent to the Project.
Additionally, the bulk of the wind farm’s electrical collection lines will be located a minimum of
three to four feet below ground, and will use shielded cables with multiple ground points. This
type of design eliminates the potential for stray voltage.
Wind turbines, due to their height, physical dimensions, and complexity, have the potential to
present response difficulties to local emergency service providers and fire departments.
Although the turbines contain relatively few flammable components, the presence of electrical
generating equipment and electrical cables, along with various oils (lubricating, cooling and
hydraulic) does create the potential for fire or a medical emergency within the tower or the
nacelle. This, in combination with the elevated location of the nacelle and the enclosed space of
the tower interior makes response to a fire or other emergency difficult, and beyond the
capabilities of most local fire departments and emergency service providers.
Due to the generation and transmission of electricity, a wind power project poses the risk of
electrocution. Because power generation and transmission does not occur until after the wind
project has been constructed, this concern is primarily associated with an operating wind power
project. For the Project, the electricity generated by each turbine will initially be transmitted
through buried 34.5 kV electric lines, which will ultimately be delivered to the Project
substation. The buried lines will be placed at least 3 feet below grade (4 feet in agricultural
land). Therefore, any earthwork conducted at or below these depths (and in the immediate
proximity of the buried lines) will introduce the risk of electrocution by accidental contact.
6.16.2 Minimization and Mitigation Measures
Contractors will comply with Occupational Safety and Health Administration (OSHA)
regulations, in addition to state worker safety regulations, regarding electricity, structural
climbing, and other hazards, during construction of the Project. To minimize safety risks to
construction personnel, workers will be required to adhere to various health and safety
compliance protocol, which are typically set forth by all construction-related entities (Project
Sponsor, contractors, turbine manufacturer) prior to construction. The safety compliance
program will address appropriate health and safety related issues including:
• personal protective equipment such as hardhats, safety glasses, orange vest and steel-
toed boots
• job safety meetings and attendance requirements
• fall prevention
• construction equipment operation
• maintenance and protection of traffic
• hand and power tool use
54
• open hole and excavation area safety
• parking
• general first aid
• petroleum and hazardous material storage, use, containment and spill prevention
• posting of health and safety requirements
• visitors to the job site
• local emergency resources and contact information
• incident reporting requirements
A construction routing plan will be developed to assure that construction vehicles avoid areas
where public safety could be a concern (schools, clusters of homes, etc.). To minimize safety
risks to the general public, over-sized vehicles will be accompanied by an escort vehicle and/or
flagman to assure safe passage of vehicles on public roads. Because construction activity will
occur on private land, the general public should not be on the construction site. After hours,
vehicular access to such sites may be blocked by parked equipment, and temporary construction
fencing or other visible barriers will be placed around excavations that remain open during off
hours. In addition, material safety data sheets (MSDS) for potentially hazardous construction
materials will be provided to local fire and emergency service personnel. The contractor will
also coordinate with these entities (including but not necessarily limited to local fire departments,
ambulance squads, and county emergency management services office) to assure that they are
aware of where various construction activities are occurring, and avoid potential conflicts
between construction activity and the provision of emergency services (e.g., road blockages,
etc.).
All construction and maintenance activities will adhere to the spill prevention industry best
practices. Although not anticipated, to mitigate for potential impacts related to waste disposal
(e.g., excessive waste), the Project Sponsor will coordinate with the Tompkins Solid Waste
Management Division County prior to Project construction. The type and quantify of waste
anticipated as a result of Project construction will be discussed, and appropriate means of
disposal agreed upon.
Compliance with required set-backs and measures to control public access (gates, warning signs,
etc.) should minimize any public safety risk associated with ice shedding. The Project will also
meet with local landowners and snowmobile clubs to explain the risks of ice shedding and proper
safety precautions. Relocation of designated snowmobile trails that occur within 200 feet of a
proposed turbine (if any) will be undertaken by the Project Sponsor in coordination with the
local snowmobile clubs and affected landowners. Additionally, icing of the sensors on the wind
turbines will result in automatic turbine shut-down.
Project component setbacks, which are greater than those included in the Town of Enfield Wind
Energy Facilities Local Law, should assure that a tower failure would not endanger adjacent
properties, roadways, or utilities. No turbine will be located closer than approximately 190 feet
from roads and adjacent non-participating land parcels or approximately 900 feet of a residence.
Stray voltage will be prevented through proper design and grounding of the Project’s electrical
system, supplemented by appropriate testing and commissioning. Should issues or complaints
regarding stray voltage arise, these would typically be investigated by the local utility operator
55
who will investigate the problem and isolate the source of the problem. In the unlikely event of
any stray voltage issues, the Project Sponsor will coordinate with local utilities where necessary
to help identify the source of the problem. Although not anticipated, any reported stray voltage
problems will be addressed through the Project’s Community Outreach and Community Plan.
An employee safety manual will be incorporated into the overall operating and maintenance
policies and procedures for the Project. Included in that manual will be specific requirements for
a fire prevention program. In addition, a Fire Protection and Emergency Response Plan will be
developed for the proposed Project in consultation with local fire and emergency response
personnel. This plan will include the following components:
• Training of all Project operating personnel and procedures review in conjunction with
local fire and safety officials. Any Project-related fires will be the responsibility of the
Project owner/operator.
• Regular inspection of transformer oil condition at each wind turbine step-up transformer.
• Regular inspection of all substation components.
• Regular inspection of fire extinguishers at all facility locations where they are installed.
• All Project vehicles will be equipped with firefighting equipment (fire extinguishers and
shovels) as well as communications equipment for contacting the appropriate emergency
response teams.
• The MSDS for all hazardous materials on the Project Site will be on file in the
construction trailers (during construction) and the Project vehicles (during operation), and
provided to local fire departments and emergency service providers.
• The facility Safety Coordinator shall notify the local fire department of any situation or
incident where there is any question about fire safety, and will invite an officer of the fire
department to visit the workplace and answer any questions to help implement a safe
operating plan.
Development and implementation of this plan will assure that Project construction and operation
will not have a significant adverse impact on public safety, or the personnel and equipment of
local emergency service providers.
The Project Sponsor has committed to burying all electric lines a minimum of 3 feet (4 feet in
agricultural lands), which significantly minimizes the risk of electrocution to the public. Beyond
these activities, no additional measures to mitigate the potential for electrocution are proposed.
Because no significant impacts from EMF are expected, no mitigation is required. However, to
reduce the potential effects of EMF from the Project to the maximum extent practicable, the
Project Sponsor will voluntarily adhere to the magnetic field strength interim standards
established in the New York State PSC’s Interim Policy Statement on Magnetic Fields, issued
September 11, 1990.
6.16.3 Findings
Potential impacts to public safety will be avoided, minimized and/or mitigated to the maximum
extent practicable with implementation of the requirements set forth in Section 6.16.2 above.
56
6.17 Noise
6.17.1 Discussion of Potential Impacts
To obtain background sound levels HMMH conducted a noise measurement study for the Project
Site and prepared a Noise Study for Black Oak Wind Farm Project (HMMH, 2012). To evaluate
potential sound impacts from the Project, an Acoustic Study of the Black Oak Wind Farm was
prepared (Tech Environmental, Inc., 2013) and updated for the currently proposed turbine model
in 2014..
Construction of wind power projects requires the operation of heavy equipment and construction
vehicles for various activities including construction of access roads, excavation and pouring of
foundations, the installation of buried electrical interconnects, and the erection of turbine
components. Assessing and quantifying construction-related impacts is typically difficult for
most wind power projects because construction activities will be constantly moving from place
to place around the site, leading to highly variable impacts at any given location. A significant
portion of the construction will occur in remote areas, and significant construction-related sound
impacts are not anticipated. In general, the maximum potential impact at any single residence
might be analogous to a few days to a week of repair or repaving work occurring on a nearby
public road. More commonly, sounds from Project construction are likely to be faintly perceived
as the far off sound of diesel-powered earthmoving equipment characterized by such things as
irregular engine revolutions, back up alarms, gravel dumping, and the clanking of metal tracks.
Construction-related noise will not occur on a permanent basis, or outside of normal daytime
working hours (when all Project construction is planned), but as a temporary, daytime
occurrence during construction. Construction noise of this magnitude may go unnoticed by
many in the area. In any event, Project construction noise will be a temporary impact.
The Town’s Wind Energy Facilities Local Law sets a sound limit of 60 dBA at the nearest non-
participating residence. None of the 88 residential receptors modeled will experience operational
noise produced by the Project in excess of 60 dBA established in the Town of Enfield Wind
Energy Facilities Local Law.
The predicted worst-case sound levels from the Project were compared to the NYSDEC Noise
Guideline document to assess noise impacts under the SEQRA process. The Guidelines state,
“in non-industrial settings the SPL should probably not exceed ambient noise by more than 6
dBA at the receptor,” and the addition of any noise source, in a non-industrial setting, should not
raise the ambient noise level above a maximum of 65 dBA” (NYSDEC 2001).
It is important to note that in the particular case of wind turbine noise, the NYSDEC threshold of
a 6 dBA cumulative increase does not represent the point of inaudibility. Operational noise from
wind turbines is often unsteady and variable with time, largely because the wind does not always
blow in a completely smooth manner. When unsettled air or gusty winds interact with the rotor,
or the airflow is not perpendicular to the rotor plane, an increase in turbulence (and noise) can
result. On top of this, turbines often produce a periodic swishing sound. These characteristics
make operational noise more perceptible than it would be if it were bland and continuous in
57
nature. Consequently, turbines can commonly be discerned at fairly large distances even though
the actual sound level may be relatively low and/or comparable to the magnitude of the
background level.
However, a cumulative increase in the total sound level of about 5 or 6 dBA at a given point is
required before the new sound begins to be clearly perceptible or noticeable to most people.
Cumulative increases of between 3 and 5 dBA for a source of this kind are generally regarded as
negligible or hardly audible. Lower sound levels from the new source are “buried” in the
existing background sound level and become progressively less perceptible. Cumulative
increases in the total ambient sound level of 6 dBA or less are unlikely to constitute an adverse
community impact. For increases beyond 6 dBA, the guidelines suggest further evaluation. The
guidelines go on to say “in non-industrial settings the SPL should probably not exceed ambient
noise by more than 6 dBA at the receptor,” but also notes “there may be occasions where an
increase in SPLs of greater than 6 dBA might be acceptable” (NYSDEC, 2001).
The 10-minute Leq sound levels were analyzed to identify those time periods: (1) for which hub-
height wind speeds were at least 10 m/s, approaching the design speed at which the turbines will
produce maximum sound power, and (2) for which there was no measurable precipitation, a
requirement of ANSI Standard S12.18-1994. These criteria were only met for the three long-
term monitoring stations, LTI, LT2, and LT3. The overall Leq sound level across the three sites
and all hours was 39.8 dBA. This measured ambient level is 5 dBA less than the suggested 45
dBA ambient level in the NYSDEC Noise Guideline for “a seemingly serene setting such as
rural farm land,” a description that fits Enfield. Following the NYSDEC Guideline and adding 6
dBA, the Project goal for non-participating residences is therefore a sound level no higher than
45.8 dBA, rounded down to 45 dBA. This is not an enforceable regulatory limit, and the
NYSDEC Guideline is used solely to judge whether sound levels are at a level to require further
analysis or mitigation.
Regarding seasonal variations, ambient sound levels are generally 5 dBA higher in the leaf-on
summer season due to wind blowing tree foliage and warm-weather insect noise. Thus, ambient
sound levels in the Project Area can be characterized as 40 dBA in the leaf-off season, and 45
dBA in the leaf-on season.
The NYSDEC Guideline also notes the EPA residential goal of 55 dBA for the day-night sound
level (Ldn). An Ldn of 55 dBA is equivalent to Leq of 48.6 dBA for a continuously operating
sound source such as a wind farm. For this project, the NYSDEC Leq and Ldn guidelines were
applied to the nearest non-participating residences in the Project Site. Of these, the NYSDEC
guideline of 45 dBA is lower and was used for evaluating predicted wind turbine sound levels.
Cadna/A uses the sound power (energy density) level of a wind turbine along with other
assumptions to calculate the sound pressure (what we hear) level heard at a receiver located a
certain distance from the wind turbine. The acoustic modeling determined the maximum sound
power level for a GE 1.7-100 turbine is 106 dBA, which includes a 2.0 dBA uncertainty factor.
Maximum sound levels have been mapped and include (among others) a 45 dBA isoline, which
is the Project-only sound level associated with the NYSDEC threshold for receptors. Beyond
58
this threshold, Project noise is unlikely to result in a significant adverse impact under most
normal atmospheric conditions. Inside of this threshold, the Project is likely to be audible above
the background sound level. The vast majority of residences surrounding the Project Site lie
beyond this threshold, and therefore will experience no adverse impacts from Project noise.
None of the 88 residential receptors modeled will experience operational noise produced by the
Project in excess of 65 dBA NYSDEC Guideline, with the highest sound level being 45.9 dBA.
An increase above background sound levels between 5 and 6 dBA, with a maximum of 45.9
dBA, is predicted at 3 receptors provided below. Agreements are expected that will include all
of these residences as Project participants.
Tax Parcel
ID ID Name
Total
Level
(dBA)
31.5 Hz
Band
Level (dB)
63 Hz
Band
Level (dB)
13.-1-4.4 R14 Black Oak Rd. 3rd from north 45.9 60 57
18.-2-1.7 R8 Black Oak Rd. 10th from top 45.8 60 57
18.-2-1.33 R16 Black Oak Rd. 4th from north 45.2 60 56
Although concerns are often raised with respect to low frequency or infrasonic noise emissions
from wind turbines, no adverse impact of any kind related to low frequency noise is expected
from this Project. It is true that early wind turbines (designed with the blades downwind of the
support tower) were prone to producing a periodic thumping noise each time a blade passed the
tower, and the widespread belief that wind turbines generate excessive or even harmful amounts
of low frequency noise likely originated with this phenomena. While modern wind turbines have
been re-configured, with blades arranged upwind of the tower, and no longer produce such
thumping noises, the myth of excessive low-frequency noise may have perpetuated due to
confusion of low frequency sound with the amplitude modulation typical of wind turbines (i.e.,
the periodic swishing sound with a frequency of about 1 Hz). However, numerous studies show
that the low frequency content in the sound spectrum of a typical modern wind turbine – like
those proposed for this Project – is no higher than that of the natural background sound level in
rural areas.
6.17.2 Minimization and Mitigation Measures
Although impacts related to construction noise will be temporary, and are not anticipated to be
significant, measures to be employed to mitigate temporary construction noise shall include:
• Implementing best management practices for sound abatement during construction,
including use of appropriate mufflers and limiting hours of construction.
• Notifying landowners of certain construction sound impacts in advance (e.g., if blasting
becomes necessary).
• Implementing a complaint resolution procedure to assure that any complaints regarding
construction or operational sound are adequately investigated and resolved.
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As indicated in the Acoustic Study of the Project (Tech Environmental, 2013) and summarized
above, an increase above background sound levels between 5 and 6 dBA is predicted at three
receptors. All of these are expected to be Project participants. However, these modeled sound
levels are based on a worst case scenario, with conservative assumptions required by ISO 9613-2
propagation standards, including low ground-level wind, high hub height winds, and the
residence being downwind of multiple wind turbines under different wind directions at the same
time. In addition, none of the 88 residential receptors modeled will experience operational noise
produced by the Project in excess of 60 dBA established in the Town of Enfield Wind Energy
Facilities Local Law or 65 dBA NYSDEC Guideline, with the highest sound level being 45.9
dBA. Because three receptors exceed the noise level increase threshold of 6 dBA set by the
NYSDEC Guideline, mitigation or curtailment may be necessary if complaints arise. The
Community Outreach and Communications Plan will provide area residents with a forum to log
and resolve complaints if necessary.
6.17.3 Findings
Potential impacts concerning noise will be avoided, minimized and/or mitigated to the maximum
extent practicable with implementation of the requirements set forth in Section 6.17.2 above.
Moreover, any potential impacts are outweighed by the environmental benefits to be provided by
the Project.
6.18 Communication Facilities
6.18.1 Discussion of Potential Impacts
Temporary communication interference as a result of Project construction may occur. Cranes
used during construction activities (and the individual turbine components being raised by the
cranes) can cause temporary obstruction of microwave links, as well as some degradation to
television and radio signals. However, because individual turbines have been sited to avoid
interference with microwave paths that cross the Project, the potential for microwave
interference by equipment assembling and erecting these turbines is expected to be minimal.
Any impact on television or radio reception or other communication systems caused by
construction equipment would be temporary, as turbine assembly and erection at each turbine
site is typically completed within one to three days.
To assure an uninterrupted line of communications, a microwave link should be clear, not only
along the axis between the center point of each antenna, but also within a mathematical distance
around the center axis known as the Fresnel Zone. A Worse Case Freznel Zone (WCFZ) was
calculated for each of the two microwave paths identified within the Project Site. Based upon
the calculated WCFZ, it was determined that the Project, as currently proposed, will not interfere
with microwave communications. Four operating full power stations were identified within 65
kilometers of the Project Site as the off-air television stations potentially affected by the
proposed Project. These stations are WETM-TV and WENY-TV out of Elmira (Channels 18
and 36, respectively) and WSKA and WYDC out of Corning (Channels 30 and 48, respectively).
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High-power television broadcast stations ceased analog operations in June 2009 and began
broadcasting exclusively in digital format. Low-power TV broadcasters and translators were
exempt from the FCC’s digital requirement, and may still broadcast analog signals. Since
translator stations rebroadcast high-power stations to a limited local audience, their programming
is typically in digital format as well. Analog television broadcast signals are subject to variations
in signal level by the motion of wind turbine blades, which may result in distortions in the
contrast, brightness, and clarity of the video. In addition, changing reflections produced by the
motion of wind turbine blades may cause ghosting. Digital television signals are also subject to
level variations and reflections, but as long as the signal remains above the operational threshold
of the receiver, the video produced is unaffected. Wind turbines can cause signal attenuation in
both analog and digital signals. However, because they require a much lower signal level to
produce excellent video, digital signals can withstand the attenuation effect to a greater extent.
For analog television, as the signal is degraded by external effects, video quality is reduced in a
sliding scale of performance. For digital television, as the signal is degraded, the video quality
remains excellent until the signal level falls below the operational threshold of the receiver.
Since the conversion to digital broadcast, there has been an improvement in television reception
in the vicinity of wind energy facilities.
The coverage areas of the other 14 low-power stations and translators located within 65
kilometers of the Project do not overlap the Project Site and will not be affected by Project
operation.
AM frequency broadcast coverage can be affected when turbines are located within 3.2
kilometers of stations with directive antennas or within 0.8 kilometer of stations with non-
directive antennas. Since the closest AM station to the proposed Project is located 6.6 kilometers
from the Project center, no impact to the coverage of AM stations is anticipated.
The coverage of FM stations can be affected when turbines are located within 4.0 kilometers of a
station. Three operating FM stations (95.5 WFIZ, 104.1 W281AT, and 103.7 WQNY) are
currently operating within 4.0 kilometers of the proposed Project. The Project Sponsor evaluated
the rotor-swept zone of the wind turbine (height range of 34 to 150 meters) in comparison with
the heights of these three FM stations (45 meters, 39 meters and 42 meters, respectively) and
concluded that there is a strong potential for the coverage of these stations to be limited by the
proposed Project.
First responder, industrial/business land mobile sites, area-wide public safety, and commercial
E911 communications are not anticipated to be impacted by the proposed Project for the
following reasons:
• These networks are designed to operate reliably in a non-line-of-sight environment;
• Many land mobile systems are designed with multiple base transmitter stations covering
large areas with overlap between adjacent transmitter sites resulting in users receiving
signals from multiple transmitter locations; and
• The frequencies of operation for these services allow the signal to propagate through
wind turbines.
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Nonetheless, to be conservative, a distance of 77.5 meters between the nearest turbine and land
mobile fixed-base stations is customary. The nearest land mobile site to the Project, KEB422, is
located 375 meters from the Project Site, and therefore no impact to these services is anticipated.
Similarly, no significant impact to mobile phone service is anticipated. Mobile phone users often
receive signals from multiple transmitter locations due to coverage overlap and should not
experience a disruption in service even if one of these signals is attenuated by a turbine in a
particular location. No impact to cable and satellite services is anticipated to result from the
operating Project. All cable headend and satellite earth station facilities are located well beyond
the Project Site and their services will not be impacted. The Project is not anticipated to have an
impact on DoD military systems or FAA Long Range radar systems, as the Project is a sufficient
distance from such systems. Specifically, there are no DoD military systems documented in the
Comsearch report.
6.18.2 Minimization and Mitigation Measures
If disruptions to existing communication systems occur as a result of Project construction, they
will be temporary, and will only occur during the erection of a limited number of turbines.
Because turbine installation/crane activity will occur at different locations and at different times
during the construction period, any degradation/disruption to existing communications will not
represent a constant interference to a given television/radio reception area or microwave signal.
In addition, turbine erection will be performed as efficiently as possible (under favorable
conditions, one turbine can be erected in one day). Therefore, mitigation is not warranted. A
Community Outreach Plan has been developed to resolve issues and complaints brought up by
the local community.
The Project, as currently proposed, will not impact existing microwave communications. Should
Project operation result in adverse impacts to existing off-air television coverage, the
developer/operator will address and resolve each individual problem as necessary. Mitigation
actions shall include adjusting existing receiving antennas, upgrading an antenna, or providing
cable or satellite systems to the affected households. Three licensed and operational FM radio
stations are likely to have their coverage affected by the Project. The Project Sponsor has
initiated contact with the individual stations to determine appropriate mitigation measures, such
as installation of auxiliary antennas to maintain coverage in affected areas. No impact to AM
station coverage is anticipated, therefore mitigation measures are not proposed.
Impacts to communication signals are not anticipated, therefore mitigation measures are not
proposed. No impact to military radar systems or FAA long range radar systems are anticipated
and therefore do not require mitigation measures. A potential impact to the weather service
NEXRAD Binghamton radar site has been identified. However, further evaluation and
consultation through the NTIA indicated that no impacts are anticipated. according to the NTIA
Notification letter, the DOC and DON identified potential concerns. Subsequent consultation
revealed the Project is not anticipated to have an impact on these agency’s systems. Therefore,
no mitigation is required. FAA determinations of “No Hazard” were issued for the Project.
Therefore, the Project will not result in impacts to airspace and nearby airports, and mitigation is
not necessary.
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6.18.3 Findings
Potential impacts to communications facilities will be avoided, minimized and/or mitigated to
the maximum extent practicable with implementation of the requirements set forth in Section
6.18.2 above.
7.0 POTENTIAL UNAVOIDABLE IMPACTS
The Project will result in significant long-term economic benefits to participating landowners, as
well as to the Town of Enfield, the local school districts, and Tompkins County. When fully
operational, the Project will provide up to 11.9 MW of electric power generation with no
emissions of pollutants or greenhouse gases to the atmosphere. The development of the site is
consistent with surrounding land uses.
Despite the positive effects anticipated as a result of the Project, its construction and operation
will necessarily result in certain unavoidable impacts to the environment. The majority of these
environmental impacts will be temporary, and will result from construction activities. However,
long-term unavoidable impacts associated with operation and maintenance of the Project include
turbine visibility from some locations within the area. The presence of the turbines will result in
a change in perceived land use from some viewpoints. Project development will also result in an
increased level of sound at some receptor locations (residences) within the study area, a minor
loss of forest land, wildlife habitat changes, and some level of avian and/or bat mortality
associated with bird/bat collisions with the turbines. These impacts are not considered
significant, and are outweighed by the benefits of providing a source of clean, renewable energy
and displacing some of the energy (and emitted pollutants) created by fossil fuel generators,
which result in significant environmental impacts.
Although unavoidable impacts will occur, they will be minimized through the use of various
general and site-specific avoidance and mitigation measures. With the implementation of these
mitigation measures, the Project is expected to result in positive, long-term overall impacts that
will offset the adverse impacts that cannot otherwise be avoided.
8.0 EFFECTS ON USE AND CONSERVATION OF ENERGY RESOURCES
In a July 15, 2009 policy titled Guide for Assessing Energy Use and Greenhouse Gas Emissions
in an Environmental Impact Statement, the NYSDEC Office of Air, Energy, and Climate states,
“Global climate change is emerging as one of the most important environmental challenges of
our time. There is scientific consensus that human activity is increasing the concentration of
[greenhouse gas] in the atmosphere and that this, in turn, is leading to serious climate change.
These climate changes will continue to affect the environment and natural resources of the State
of New York” (NYSDEC, 2009b). A subsequent policy titled Climate Change and DEC Action
released by NYSDEC Commissioner Grannis on October 22, 2010 states: “Based on
overwhelming scientific evidence, the New York State Department of Environmental
Conservation recognizes that New York State’s air and water quality, forests, fish and wildlife
habitats, and people and communities, are at risk from climate change. In order to perform its
core mission of conserving, improving, and protecting the State’s natural resources and
environment, DEC must incorporate climate change considerations into all aspects of its
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activities…” (NYSDEC, 2010b). Clearly the NYSDEC, whose mission is “to conserve, improve
and protect New York’s natural resources and environment, and to prevent, abate and control
water, land and air pollution, in order to enhance the health, safety and welfare of the people of
the state and their overall economic and social well-being”, is concerned about the negative
effects of climate change and greenhouse gas emissions.
The Project will have significant, long-term beneficial effects on the use and conservation of
energy resources. The Project will generate up to approximately 11.9 MW of electricity without
consuming cooling water or emitting pollutants. Assuming that the average house in New York
uses approximately 7.3 MWh of electric power per year and that the average house in the United
States uses approximately 11.5 MWh of electric power per year, and assuming the Project
generates approximately 35% of its nameplate generating capacity, this is enough power to
support between approximately 5,400 and 3,500 average homes (based on the New York and
national averages, respectively).
The Project will add to and diversify the state’s sources of power generation, accommodate
future growth in power demand through the use of a renewable resource (wind), and over the
long term will displace some of the state’s older, less efficient, and dirtier sources of power.
Wind energy generation results in reductions in air emissions because of the way the electric
power system works. Generally, the most expensive power sources will be “backed down” when
there is a sufficient source of wind energy available. Wind energy is a preferred power source on
an economic basis because the operating costs to run the turbines are low and there are no fuel
costs. Therefore, wind turbines produce power that reduces the need for generation from
individual fossil fuel-fired power plants or units, thereby reducing fuel consumption and the
resulting air emissions that would have otherwise occurred. The specific types of fossil fuel-
fired power units and associated emissions that will be displaced by wind energy generation vary
significantly among states and regions of the country. The displaced emissions of CO2, NOX,
SO2, and mercury generally will be greater in regions with large amounts of coal-fired
generation and lower in areas where natural gas is the primary fuel (such as New England).
However, even in New England, where natural gas is a major source of generation, wind energy
backs down some generating units fired by coal and residual oil at certain times.
In June 2007, former Governor Spitzer and Lieutenant Governor Paterson formed the NYS
Renewable Energy Task Force to investigate the implementation of increased renewable energy
sources in the State. The Task Force published a report in February of 2008 that is intended to
serve as a policy “road map” to address the many challenges we face in reducing our dependence
on fossil fuels, stimulating investment in clean energy alternatives, and moving toward a Clean
Energy Economy in New York State.
In addition, in December 2012 the New York Energy Highway Task Force issued the New York
Energy Highway Blueprint, on behalf of Governor Andrew Cuomo. Regarding the importance
of renewable energy in New York State, the Blueprint states that “modernizing our generation
assets promotes environmental and efficiency goals and preparing well in advance for the
potential closure of power plants is critical to safeguarding system reliability and protecting
consumers.” The Blueprint also contends that new renewable energy projects provide sustained
environmental benefits through reduced local and state air emissions, and can also generate
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short- and long-term economic development through construction, operation, and maintenance
jobs, expenditures for supplies and materials, and tax payments to local communities.
9.0 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES
The Project will require the irreversible and irretrievable commitment of certain human, material,
environmental, and financial resources as described below. For the most part, the commitment
of these resources will be offset by the benefits that will result from implementation of the
Project.
Human and financial resources have already been expended by the Project Sponsor, the State of
New York (i.e., various state agencies), Tompkins County, and the Town of Enfield for the
planning and review of the Project. The expenditure of funds and human resources will continue
to be required throughout the permitting and construction phases of the Project (e.g., for
environmental reviews and permitting, site plan approval, building and construction inspections).
The Project also represents a commitment of land for the life of the Project. Specifically, the
approximately 7.0 acres of land to be developed for wind turbines, access roads, and substations
will not be available for alternative purposes for the life of the Project. However, because the
turbines/towers could be removed, and the land reclaimed for alternative uses at some future
date, the commitment of this land to the Project is neither irreversible nor irretrievable.
Various types of construction materials and building supplies will be committed to the Project.
The use of these materials, such as gravel, concrete, steel, etc., will represent a long-term
commitment of these resources, which will not be available for other projects. However, some
of these materials (e.g., steel, gravel) will be retrievable following the operational life of the
Project, and will likely be retrieved in accordance with Project decommissioning.
Energy resources will also be irretrievably committed to the Project, during both the construction
and operation of the Project. Fuel, lubricants, and electricity will be required during site
preparation and turbine construction activities for the operation of various types of construction
equipment and vehicles, and for the transportation of workers and materials to the Project Site.
However, the energy resources utilized to construct and operate the Project will be minor
compared to the energy generated by the Project and made available to the people of New York
State.
10.0 MITIGATION MEASURES
This section summarizes the various mitigation measures set forth above that shall be
implemented by the Project Sponsor in order to minimize, avoid and/or mitigate potential
adverse impacts associated with the Project. This summary is not intended to supplant any of the
mitigation measures set forth above, but merely to provide a summary of some of the measures
that are being required for the Project.
Compliance with the various federal, state, and local regulations governing the development,
design, construction and operation of the proposed Project shall serve to minimize potential
adverse impacts. Construction activities and Project engineering shall comply with all applicable
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state and local building codes and federal OSHA guidelines to protect the safety of workers and
the public. Federal and state permitting required by the USACOE and/or the NYSDEC shall
serve to protect water and biological resources, along with implementation of a SPDES permit,
SWPPP, and SPCC plan. Highway permitting at the local, county, and state level shall assure
that safety, congestion, and damage to highways in the area is avoided or minimized. The
Project’s siting criteria, guidelines, and design standards that serve to avoid or minimize adverse
environmental impacts include the following:
• Siting the Project away from population centers and areas of high-density residential
development.
• Siting turbines in accordance with physical setback requirements found in the Town
of Enfield Wind Energy Facilities Local Law.
• Minimizing and/or avoiding stream and wetland crossings.
• Where available, using existing forest and/or farm roads for turbine access to
minimize impacts to soil and ecological resources.
• Designing all buried electrical lines in a manner that denies any possibility of stray
voltage.
• Designing, engineering, and constructing the Project in compliance with various
codes and industry standards to assure safety and reliability.
• Limiting turbine lighting to the minimum allowed by the FAA to reduce nighttime
visual impacts and following lighting guidelines to reduce the potential for bird
collisions.
• Following construction procedures in accordance with Best Management Practices
for sediment and erosion control.
• Installing turbines with appropriate grounding and automatic shutdown/braking
capabilities to minimize public safety concerns.
• Complying with the NYS Department of Agriculture and Markets guidelines in order
to mitigate impacts on agricultural ground and farming practices
10.1 Specific Mitigation Measures
Project development and operation shall also adhere to specific mitigation measures including
the following:
• Developing and implementing plans to minimize and/or avoid adverse impacts to air,
soil, and water resources, including a NYSDEC-approved SPDES permit and
SWPPP, SPCC plan, dust control plan, and soil erosion and sedimentation control
plan.
• If necessary, implementing blasting safety and management plan in accordance with
the Blasting Guidance Manual of the U.S. Department of the Interior Office of
Surface Mining Reclamation and Enforcement.
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• Restoration of agricultural soils in accordance with NYSA&M Agricultural
Protection Guidelines.
• Implementation of an Invasive Species Control Plan.
• Completion of a post-construction avian fatality monitoring plan consistent with the
applicable NYSDEC guidelines.
• Execution and Implementation of Road Use Agreements with the Town of Enfield
and the County of Tompkins, including documenting existing road conditions and
undertaking public road improvement/repair at no cost to the town or county.
• Implementation of a Fire Protection and Emergency Response Plan in compliance
with the Tompkins County All-Hazards Mitigation Plan.
• Prior to the Town issuing a building permit for the Project, the Project Sponsor shall
establish decommissioning funds in the amount of $125,000, or such greater amount
as reasonably determined by the Town, for each wind turbine and/or wind energy
facility comprising the Project. The decommissioning funds shall be provided in the
form of a surety bond, letter of credit, and/or cash, or in lieu thereof and in
accordance with the Town’s local laws, any other suitable security instrument which
shall guarantee the amount of decommissioning funds and provide for the Town
Board of the Town of Enfield as the sole beneficiary. The decommissioning fund
will be retained for the life of the Project. The Project Sponsor shall also adhere to
the Decommissioning Plan.
• Entering into a PILOT agreement with the local taxing jurisdictions to provide a
significant and predictable level of funding for the town, county, and school district
over the first 20 years of Project operation.
• Conduct regular meetings and coordination with local emergency service personnel
including police, fire, and EMS to review and monitor construction process.
• Implementation of a Community Outreach and Communications Plan which
establishes an open communication link between the Lead Agency and the Project
Sponsor, as well as a complaint resolution procedure which shall include an 1-800
number for use by local residences and the website, www.blackoakwindny.com to be
maintained during the operative life of the Project wherein regular updates of the
construction of the Project, contact information, and the various plans shall be posted
for the public’s review.
10.2 Environmental Compliance and Monitoring Program
In addition to the mitigation measures described above, the Project Sponsor will develop an
environmental compliance program and compensate the Town for the employment of an
Environmental Monitor to oversee compliance with the various environmental commitments and
permit requirements outlined in this Findings Statement. The environmental compliance
program will include the following components:
1. Planning – Prior to the start of construction, the Environmental Monitor will
review all environmental permits and, based upon the conditions/requirements of
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the permits, prepare an environmental management document that will be utilized
for the duration of the Project. This document will distill and clearly present all
environmental requirements for construction and restoration included in all
Project permits and approvals.
2. Training – The Environmental Monitor will hold environmental training sessions
that will be mandatory for all contractors and subcontractors. The purpose of the
training sessions will be to explain the environmental compliance program in
detail, prior to the start of construction.
3. Preconstruction Coordination – Prior to construction, the contractor(s) and the
Environmental Monitor will conduct a walkover of areas to be affected by
construction activities. This walkover will identify landowner concerns, sensitive
resources, limits of clearing, proposed stream or wetland crossings, and placement
of sediment and erosion control features. The limits of work areas, especially in
sensitive resource areas, will be defined by flagging, staking or fencing prior to
construction, as needed.
4. Construction and Restoration Inspection – The monitoring program will include
the inspection of construction work sites by the Environmental Monitor. The
Environmental Monitor will be present during construction at environmentally
sensitive locations, will keep a log of daily construction activities, and will issue
periodic/regular reporting and compliance audits. Additionally, the
Environmental Monitor will work with the contractors to create a punch list of
areas for restoration in accordance with issued permits. A two-year post
construction monitoring period will be established for agricultural mitigation and
restoration monitoring, invasive species monitoring, and monitoring of other
issues that arise during construction as agreed to by the Project Sponsor and the
Town.
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CERTIFICATION OF FINDINGS TO APPROVE
Having considered the Findings Statement for the Black Oak Wind Farm, and having
considered the preceding relevant environmental impacts, facts and conclusions relied upon to
meet the requirements of 6 N.Y.C.R.R. § 617.11, and having weighed and balanced the relevant
impacts with social, economic and other considerations, this Statement of Findings certifies that:
1. The requirements of 6 N.Y.C.R.R. Part 617 have been met; and
2. Consistent with the social, economic and other essential considerations from among the
reasonable alternatives available, the action is one which avoids or minimizes adverse
environmental effects to the maximum extent practicable, and that adverse environmental
impacts will be avoided or minimized to the maximum extent practicable by incorporating as
conditions to the decision those mitigative measures which were identified as practicable.
Town Board of the Town of Enfield
Name of Agency
____________________________________ Ann Rider
Signature of Responsible Official Name of Responsible Official
Supervisor January , 2015
Title of Responsible Official Date
Enfield Town Hall, 168 Enfield Main Road, Ithaca, New York 14850
Address of Agency