Young / Sommer

Young / Sommer LLC JEFFREY S. BAKER DAVID C. BRENNAN JOSEPH F. CASTIGLIONE JAMES A. MUSCATO II J. MICHAEL NAUGHTON ROBERT A. PANASCI ALLYSON M. PHILLIPS DEAN S. SOMMER KEVIN M. YOUNG LAURA K. BOMYEA E. HYDE CLARKE JESSICA ANSERT KLAMI KRISTINA M. MAGNE KRISTIN LAVIOLETTE PRATT

COUNSELORS AT LAW

EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205 Phone: 518-438-9907 • Fax: 518-438-9914

www.youngsommer.com

SENIOR COUNSEL KENNETH S. RITZENBERG

DOUGLAS H. WARD (1947-2018)

OF COUNSEL

SUE H.R. ADLER ROGER FLORIO

LAUREN L. HUNT ELIZABETH M. MORSS

RICHARD E. OSTROV SCOTT P. OLSON

STEPHEN C. PRUDENTE KRISTIN CARTER ROWE

STEVEN D. WILSON

PARALEGALS ALLYSSA T. MOODY, RP

AMY S. YOUNG

Writer’s Telephone Extension: 272 [email protected]

February 14, 2019

Via Electronic Filing

Hon. Kathleen H. Burgess

Secretary to the Commission

New York State Public Service Commission

Agency Building 3

Albany, NY 12223

Re: Case No. 15-F-0122: Application of Baron Winds LLC, for a Certificate of

Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a

Major Electric Generating Facility in the Towns of Cohocton, Dansville, Fremont,

and Wayland, County of Steuben, New York

Dear Secretary Burgess:

On behalf of the Applicant, Baron Winds LLC, enclosed please find for filing the Baron

Winds Project PIP Tracking Activities log updated through February 5, 2019. Should you have any

questions or require anything further in this regard, please feel free to contact me. Thank you for your

continuing courtesies.

Very truly yours,

Jessica Ansert Klami

James A. Muscato II

Attorneys for Baron Winds LLC

Enclosure

cc: Parties (via DMM)

Jess A Klami

Baron Winds Project PIP Tracking Activities Updated Through February 5, 2019

Date of Meeting

Location of Meeting Meeting Attendees Purpose of Meeting Follow-up Action

Items Comments Upcoming Outreach Activity

1/13/2015 Hornellsville- Arkport Town Hall

Kevin Sheen, Jane Towner, EverPower, Hornellsville Town Board and local residents

Update on the Project development status

Continue to provide project updates

Town appreciated the update

Continue to attend meetings

3/10/2015 Fremont Town Hall Kevin Sheen, Jane Towner, EverPower, Fremont Town Board and local residents

Update on Project development status


Town appreciated the update


3/10/2015 Town of Almond Town Hall

Kevin Sheen, EverPower, Almond Town Board

Town of Almond wanted to learn more about the project and learn about a project in their Town.

None at Present. Town appreciated the information on the project and wind power in general.

None at present

6/3/2015 Hatch Hose, Atlanta, NY

EverPower: Kevin Sheen, Jeff McKee, Seth Wilmore, Jim Sardonia, Dave Berthelsen, Steve Sick and Jane Towner; Ben Brazell, EDR. Local town government representatives, leaseholders and residents. SCIDA representative Jamie Johnson.

Public Open House to introduce and present the Baron Winds Project.

Numerous landowners in the area who requested to be contacted about participating in the project.

Approx. 150 to 200 individuals attended

Second open house to be held in July

7/14/2015 Town of Fremont Town Board meeting

Kevin Sheen, Jane Towner, EverPower; Fremont Town Board and local residents



Town supportive, appreciates the updates

Continue to attend meetings.

7/15/2015 Town of Avoca Town Board meeting

Kevin Sheen, Jane Towner, EverPower; Avoca Town Board and local residents



Town and attendees supportive, appreciate the updates



Date of Meeting



7/22/2015 Fremont, NY

EverPower: Kevin Sheen, Jeff McKee, Seth Wilmore, Jane Towner; Ben Brazell, EDR. Local town government representatives, leaseholders and residents,


Answered questions and followed up with potential leaseholders, Positive meeting.

Approx. 100 people attended

Third open house to be held in October

8/4/2015 Email Kevin Sheen, Jeff McKee (EverPower), Mark Wolfanger (Quad County Snowmobile Club

Following on a conversation from the 2nd open house, Mark sent along GIS data of snowmobile trails and details on their use

EverPower to download data and use it during the siting of Project components

None

Continue coordination with Quad County Snowmobile Club to ensure that impact to snowmobile trails is minimized

9/8/2015 Phone Jane Towner Spoke with Wayland Fire Dept. David Didas regarding use of fire hall for Wayland Open House

Mr. Didas will follow up after approaching dept.

9/10/2015 Phone Jane Towner Call from David Didas-Wayland Fire Dept. approval for use of fire hall for open house

Excited to be asked to host the open house

Open House is set for October 8 at the Wayland Fire Hall from 6-8 pm

Set up in the afternoon of Oct 8th

9/16/2015 Personal visits to drop off or post Wayland Open House flyers

Jane Towner

Town Halls (S. Dansville, Wayland, Fremont, Avoca, Cohocton) –Village Halls (Wayland, Cohocton, Avoca) Libraries-(Wayland, Avoca, Cohocton) Various community boards (Wayland, Avoca, Cohocton).

Casual conversation and personal invitations to the Wayland Open House with requests to post the flyer for the public

All accepted with interest

Wayland Open House October 8 at the Wayland Fire Hall from 6-8 pm


Date of Meeting



9/15/2015 Phone Kevin Sheen SCIDA Working on details regarding PILOT None

Continue coordination SCIDA on the PILOT

9/21/2015 Phone Kevin Sheen SCIDA Additional discussion regarding PILOT None

Continue coordination SCIDA on the PILOT

9/22/2015 Phone Kevin Sheen Communication with Cohocton- Quad County Snowmobile Club

Answered questions regarding property use and the project

None

Continue coordination with Quad County Snowmobile Club to ensure that impact to snowmobile trails is minimized

10/8/2015 3rd Open House Wayland Fire Hall

Kevin Sheen, Seth Wilmore, Stephanie Ottey, Jane Towner, EverPower; Ben Brazell, EDR Local town government representatives, leaseholders and general public


Answered questions regarding property use and the project

Approx. 40-50 attended Continue updates of project progress

11/4/2015 Phone Jane Towner, EverPower; Vicky Olin, Steuben County Board of Elections

Get updates on local government changes in Towns within the Project area

None None

Contact all new electives updated from the local elections in project area of Baron Winds

11/7/2015 In person Jane Towner, EverPower; Ken Parcels, newly elected Town Supervisor of Avoca

Introduction to EverPower and the Project; answered questions regarding property use and the project.

None None

Kevin and Jane will attend a board meeting after the first of the year in Town of Avoca


Date of Meeting



11/8/2015 In person Jane Towner, EverPower; Daniel Tom Johnson – newly elected Town Supervisor of Cohocton

Introduction to EverPower and the Project; answered questions regarding property use and the project.

None None

Kevin and Jane will attend a board meeting after the first of the year in Township of Cohocton

4/20/2016 Email EDR, NYS NHP Request Natural Heritage data for the Project

Follow up if no reply received None None

4/20/2016 Email EDR, NYSDEC Division of Water Resources

FOIL Request for groundwater well information None None

None

4/21/2016 Cohocton Town Hall, Board Meeting

Cohocton Town Supervisor, Town Board, Town Clerk, Town Attorney, residents 30+, Kevin Sheen & Jane Towner, EverPower

Regular Meeting with update from Kevin Sheen on Baron Winds Projects

Questions taken, updates will be presented at future meetings

Positive comments from the Supervisor and Board

None scheduled

4/23/2016 Cohocton Library Earth Day Celebration

Library Director, Phil Trautman, Mayor Tom Cox, Supervisor Tom Johnson, Scout Troops, local residents, Jane Towner EverPower

Planting of 3 trees donated by EverPower to replace lost trees on the Village Green

Information booth at the Library after the planting with map of Baron Winds and flyers

All positive from attendees None

4/28/2016 Email EDR, Steuben County Clerk

FOIL request for groundwater well information


4/29/2016 Email EDR, Steuben County Clerk

FOIL for public water supply intake locations


5/3/2016 Letter EDR, Town of Cohocton Clerk

Request Town comprehensive plan


5/3/2016 Letter EDR, Town of North Dansville Clerk

Request Zoning Ordinance and Zoning Map



Date of Meeting



5/3/2016 Letter EDR, Town of Springwater Clerk

Request Zoning Ordinance and Zoning Map


5/3/2016 Letter EDR, Town of Wayland Clerk

Requested comprehensive plan and zoning map


5/6/2016 Email EDR, Town of North Dansville Code Enforcement Officer

Provided Town Zoning law and map

Confirm receipt of this information None None

5/7/2016 Email EDR, Town of Springwater Supervisor

Confirmation the Town of Springwater has no zoning regulation or map

Confirm receipt of this information

Requested that all future contact go to the Town Supervisor Deborah Babbitt Henry and not the Town Clerk

None

5/9/2016 Email EDR, Town of Springwater Supervisor

EDR confirmed receipt of the information provided None None None

5/9/2016 Email EDR, Town of North Dansville Code Enforcement Officer

EDR confirmed receipt of the information provided None None None

5/9/2016 Email EDR, Steuben County Clerk of the Legislature

County provided response to FOIL request for water supply intake locations and groundwater wells submitted on 4/28/2016

Follow up with DEC regarding water well and ground water intake locations.

Stated that the County has no records of either. Suggested contacting DEC.

None

6/1/2016 Letter EDR, Town of Avoca Town Clerk

Requested Comprehensive Plan from Town.


6/1/2016 Letter EDR, Town of Dansville Town Clerk

Requested Comprehensive Plan from Town.


6/3/2016 Letter Stakeholders Notification that PSS to be filed in near future File PSS None Public Open House


Date of Meeting



6/3/2016 Email EDR, Town of Dansville Town Clerk

Town of Dansville indicated that the town board accepted Steuben County Comprehensive Plan.

None None None

6/3/2016 Email EDR, NYSDEC Division of Water Resources

FOIL Request for public water supply intake locations


6/3/2016 Email EDR, NYSDEC Bureau of Fisheries

Request for query of statewide fisheries database for T&E species in Project area.



Requested clarification re: Comprehensive Plan and how to get copy.



Town Indicated that Town does not have copy of plan; it was presented by County.

None None None

6/7/2016 Email EDR, Steuben County Senior Planner

Requested copy of Town of Dansville Comprehensive Plan



Acknowledged receipt of information and indicated EDR will contact County

None None None


County provided Town of Dansville Comprehensive Plan

None None None


EDR Acknowledged receipt of Town of Dansville Comprehensive Plan

None None None


Date of Meeting



6/11/2016 Email EDR, Town of Avoca Town Clerk

Town Indicated that Town of Avoca does not have a Comprehensive Plan

Confirm with County None None


Requested confirmation that Town of Avoca has no Comprehensive Plan (County website says it does).

None None None


County provided Land Use & Development Plan for Town of Avoca.

None None None


EDR acknowledged receipt of Avoca Land Use & Development Plan

None None None

6/14/2016 Fremont Town Hall Kevin Sheen, EverPower; Town of Fremont Board members

Project update None

Town board asked general questions about project construction and operation timing

Continue to attend Town Meetings as needed

6/15/2016 Avoca Town Hall Kevin Sheen, EverPower; Town of Avoca Board members

Project update None None Continue to attend Town Meetings as needed

July/August 2016 Phone/Email Jamie Johnson, SCIDA Project update None None None


Date of Meeting



7/5/2016 NYSOPRHP Cultural Resource Information System (CRIS) Website

EDR, NYSOPRHP Submission of Phase 1A Historic Architectural Survey report and Work Plan

None

Defined area of potential effect (APE) for indirect (visual) effects; recommended that a historic architectural resources survey be conducted for the Facility.

None

7/5/2016 NYSOPRHP CRIS Website EDR, NYSOPRHP

Submission of Phase 1A Archaeological Survey report and Phase 1B Work Plan

None

Defined APE for direct effects related to limits of proposed ground disturbance for proposed construction activities, as well as proposed excavation of shovel tests.

None

7/7/2016 Email EDR, NYSDEC Division of Fish, Wildlife, and Marine Resources

DEC provided table of fish species identified in streams of interest (Response to 6/3 email).

None None None


NYSOPRHP issued a response via the CRIS website that concurred with the historic architectural survey methodology and APE for indirect (visual) effects proposed by EDR.

Historic architectural survey for the Facility to be conducted and corresponding report prepared by EDR.

None None

7/25/2016 Email, NYSOPRHP CRIS website EDR, NYSOPRHP

NYSOPRHP issued a response via the CRIS website that concurred with the Phase 1B archaeological work plan prepared by EDR.

Phase 1B archaeological survey to be conducted for the Facility and corresponding report to be prepared by EDR.

None None


Date of Meeting



August 2016 Phone Don Evia, Town of Howard Supervisor Project Update None None None

8/5/2016 Letter Stakeholders Notification of PSS Filing File PSS None Public Open House

8/22/2016 Letter Stakeholders and landowners

Mailing to provide notice of open house invitation to be held on September 8, 2016

Conduct open house None Public Open House

9/8/2016 Fremont Fire Dept.

EverPower: Kevin Sheen, Seth Wilmore, Jim Sardonia, Krystina Teoh, Stephanie Ottey and Jane Towner; EDR: Ben Brazell. Local town government representatives, Michael Wetherbee & Dave Mastin, WCCS, leaseholders, residents, landowners and public, Local Iron Workers Union, Approx. 85 attendees

Update on the Baron Winds project, announce filing of the PSS

None Positive, well-attended meeting None

9/7/2016 The Capital Tom Reed, Drew Wayne Project Update None None Continue project updates

9/15/2016 NY Athletic Club Cathy Young, Jessica Juene Project Update None None Continue project

updates

9/20/2016 Phone Seth Wilmore, EverPower; Chris Schupert, Hornell and Dansville Airport Manager

Introduction to EverPower and Project

Add Chris to Master Stakeholder List

Chris indicated he had no concerns regarding the project’s construction and operation, appreciated the call but did not see the need for an in-person meeting

Project update mailings and notifications


Date of Meeting



10/4/2016 Baron Winds Project Area

Seth Wilmore, Jane Towner, Kevin Sheen, EverPower; Jim Muscato, Young Sommer; Andy Davis, NYSDPS

Project area site tour None None Continue coordination with NYSDPS

10/5/2016 Hornell City Court, NY

Seth Wilmore, Kevin Sheen, EverPower; Jim Muscato, Young Sommer; Kevin Cassuto, Heather Behnke, NYSDPS; Tara Wells, NYS Ag&Markets; Maria Villa, Rudyard Edick, NYSDEC; Richard Thomas, NYSDOH various public members

Baron Winds Procedural Conference None None None

10/25/2016 Fremont Town Hall Supervisor Osborne, Town Clerk Norma Kilbury, Jane Towner

Application for Met Tower permit

Awaiting action from Code Enforcement None

Continue to attend Town Board meetings

11/7/2016 Fremont Town Hall Fremont Town Board members, Bill Spencer, Jane Towner

Public Hearing for Met Tower

Will be approved at Town Board Meeting 11/15

None Continue to attend Town Board meetings


Date of Meeting



11/07/2016 Mail Please see attached Visual Outreach Letter Distribution List

Visual outreach letter submitted by EDR to provide sufficient context and information to assist with the identification of visually sensitive resources and the selection of important and/or representative viewpoints from visually sensitive sites of potential statewide significance located within 10 miles of the proposed Facility.

Requested feedback in the identification of additional significant visually sensitive sites that are not included in the inventory compiled by EDR.

Submission included table of visually sensitive resources, map of Facility location and 5- and 10-mile study areas, and maps of sensitive sites with viewshed analysis.

None

11/15/2016 Fremont Town Hall Fremont Town Board, Clerk, Code Enforcement Officer, Bill Spencer, Jane Towner

Voting of Board on Met Tower- Burns Farm Parcel

Met tower application was approved None


11/16/2016 Baron Winds Project Area

Jacqueline Johnson, Dept of Ag and Markets, Jane Towner, EverPower

Discussion of Golden Nematode presence on participating landowner parcel. Jacqueline Johnson, Dept of Ag and Markets, Jane Towner

Ongoing coordination with Ag and Markets None None

12/2/2016 & 12/5/2016 Phone

John DeOrdio, C&S, Allen Brown, 911 Planning, Stueben County

Request fire district boundaries


12/2/2016 & 12/5/2016 Email

John DeOrdio, C&S, Bryce Foster, Stueben County Public Works

Request transportation details

Follow up if no reply received

Bryce retiring, new contact is Steve Catherman

None

12/6/2016 Email John DeOrdio, C&S, Bryce Foster, Steve Catherman, Stueben County Public Works

Received transportation details

Follow up if additional information is not received

Additional information is necessary None


Date of Meeting



12/8/2016 Email John DeOrdio, C&S, Allen Brown, 911 Planning, Stueben County

Received fire district boundary map None None None

12/9/2016 Phone John DeOrdio, C&S, Dan Hamilton, Town of Avoca Superintendent



12/9/2016 Letter EDR, Town of Cohocton Town Clerk

Request Comprehensive Plan for the Town

Follow up in no reply received None None

12/12/2016 Email EDR, Livingston County, Sr. Tax Map Technician

EDR requested parcel data for the Town of Springwater



Amended previous request to also include parcel data for Town of North Dansville



County provided parcel data for Springwater and North Dansville

None None None


EDR acknowledged receipt of parcel data None None None

12/13/2016 Conference Call Jacqueline Johnson, Dept of Ag and Markets, Jane Towner

Discussion of Golden Nematode presence





12/15/2016 Phone & Email John DeOrdio, C&S, Brian Kuhn, Town of Cohocton Superintendent



12/15/2016 Phone & Email John DeOrdio, C&S, Lee Pyer, Town of Fremont Superintendent




Date of Meeting



12/15/2016 Phone & Email John DeOrdio, C&S, Ray Acomb, Town of Dansville Superintendent






12/15/2016 Conference Call

Tim Sullivan, Robyn Niver, Thomas Wittig, USFWS; Mike Higgins, NYSDEC; Seth Wilmore, Ashley Beal, EverPower; Trevor Peterson, Sarah Boucher Gravel, Stantec

Discuss Baron Winds avian and bat survey results and any comments or questions from USFWS

Have a follow-up conference call regarding one eagle nest location and additional NLEB bat study in 2017

None Follow-up conference call

12/15/2016 & 12/20/2016 Phone & Facsimile

John DeOrdio, C&S, Dan Hamilton no longer Hwy Super., Roger Knowles, Town of Avoca Highway Superintendent



12/15/2016 & 12/21/2016 Phone & Email

John DeOrdio, C&S, Ray Thielges, Town of Wayland Superintendent




Date of Meeting



12/21/2016 Letter

John DeOrdio, C&S, Wayland-Cohocton, Hornell City, Avoca, Arkport School Districts; T. of Cohocton Police, NYS Police – Wayland, North Hornell and Bath Stations; Steuben Co. Sheriff, Bath Volunteer Ambulance and Cohocton Valley Ambulance Services; Wayland, Wallace, South Dansville, Perkinsville, Howard, Fremont, and Cohocton Volunteer fire departments

Request transportation information


12/21/2016 Conference Call Code Enforcement Officer, S. Dansville, Jane Towner

Discussion of Baron Winds Project in S. Dansville Continue updates None


12/21/2016 & 12/22/2016 Email

John DeOrdio, C&S, Steve Catherman, Stueben County Public Works

Request additional transportation details


12/23/2016 Email John DeOrdio, C&S, Steve Catherman, Stueben County Public Works

Received additional transportation details None None None

12/29/2016 Email John DeOrdio, C&S, Duane Bush, Fire Chief, Wallace Volunteer Fire Dept.

Confirmed emergency response routes None

Contact needs to be made with Avoca Ambulance Corps

None

1/3/2017 Email John DeOrdio, C&S, Town of Cohocton Police

Response to request for emergency responder routes

Needs additional "red" routes to be added None None


Date of Meeting



1/4/2017 Phone & Email John DeOrdio, C&S, Anthony Clark, Town of Howard Superintendent



Also made calls on 12/15/2016, 12/21/2016 & 1/3/2017, left messages

None

1/4/2017 Email John DeOrdio, C&S, Anthony Clark, Town of Howard Superintendent



Response received to 1/4/17 email-additional info required

None

1/4/2017 Letter John DeOrdio, C&S, Hornell City School District

Received bus route information None None None

1/4/2017 Phone John DeOrdio, C&S, Sargent Grover, NYS Police

Discuss emergency response routes None Also made call on

1/3/2017, left message None

1/4/2017 Phone John DeOrdio, C&S, Town of Dansville Municipal Offices, Town Clerk

Request deliverable address for South Dansville Fire Dept, original letter was sent back

None Received deliverable address, sent out another letter

None

1/5/2017 Phone John DeOrdio, C&S, Anthony Clark, Town of Howard Superintendent

Received transportation details None

Call to clarify missing transportation info from email chain on 1/4/17

None

1/5/2017 Email John DeOrdio, C&S, David Schubmehl, Transportation Supervisor, Avoca School District

Received school bus route details None None None

1/5/2017 Phone John DeOrdio, C&S, Robert Brown, NYS Police

Discuss emergency response routes None None None

1/6/2017 Phone John DeOrdio, C&S, Bill Wagner, Fire Chief, Cohocton Volunteer Fire Dept.

Received emergency route details None None None


Date of Meeting



1/7/2017 Letter John DeOrdio, C&S, Avoca Hose Co. Ambulance Corps

Request transportation information


1/9/2017 Email John DeOrdio, C&S, Roger Briggs, Fire Chief, South Dansville Fire Dept.

Confirmed emergency response routes None None None

1/11/2017 Phone John DeOrdio, C&S, Lee Pyer, Town of Fremont Superintendent

Clarify information request Follow up if no reply received None None

1/11/2017 Town of Howard

Seth Wilmore, Bill Spencer, EverPower; Jim Muscato, Jessica Klami, Yougn Sommer;Town Supervisors of Wayland, Fremont, Avoca, Dansville, and Howard; Town legal counsel for Towns of Howard, Avoca, and Cohocton

Present current project area to the Towns; introduce Host Community Agreement; describe Article 10 process and introduce draft stipulations

Provide Towns with draft HCA and stipulations

None None

1/12/2017 Phone Grant Johnson, EDR; James Finelli, NYSOPRHP

Clarify need for additional survey in areas of new Facility visibility in response to layout changes.

NYSOPRHP requested addendum work plans be submitted for historic architecture and archaeology to update staff on APE changes and as part of the record.

None None

1/18/2017 Email John DeOrdio, C&S, Meghann Khork, District Clerk, Arkport School District



Date of Meeting



1/18/2017 Email

John DeOrdio, C&S, Meghann Khork, Transportation Director, Wayland Cohocton School District


1/19/2017 Letter John DeOrdio, C&S, Lee Pyer, Town of Fremont Superintendent

Received transportation details None None None

1/20/2017 Phone John DeOrdio, C&S, Walt Drum, Fire Chief, Perkinsville Vol. Fire Dept.


Also made call on 1/18/2017, left message

None

1/20/2017 Mail Please see attached Visual Outreach Letter Distribution List

Visual outreach letter regarding the recommendations for representative viewpoints that EDR is putting forward to be completed as visual simulations

Receive and organize any comments generated from the outreach process

Once approved visual simulations will be created

None

1/23/2017 Email John DeOrdio, C&S, Brian Kuhn, Town of Cohocton Superintendent

Received transportation details None

Sent back email to clarify missing transportation info from 1/23/2017 email

None

2/2/2017

Conference call Tim Sullivan, Robyn Niver, Thomas Wittig, USFWS; Seth Wilmore, Ashley Beal, EverPower; Trevor Peterson, Sarah Boucher Gravel, Stantec

Follow-up conversation on eagle nests from December 2016 meeting

Additional limited eagle point count work to be conducted in 2017

None None

2/6/2017 S. Dansville Town Hall

Supervisor, Mike Willis; Code Enforcement Officer, Shawn Gasby, Bill Spencer, Jane Towner

Updates on the project None Town needs to submit info for intervenor funds



Date of Meeting



2/6/2017 Fremont Town Hall Supervisor, Bob Osborne; Councilman Frank Owens, Bill Spencer, Jane Towner

Updates on the project None Town needs to submit info for intervenor funds


2/15/2017 Email John DeOrdio, C&S, Brian Kuhn, Town of Cohocton Superintendent

Received transportation details None None None

2/15/2017 On Site

Jacquie Johnson, Ag & Markets, Jane Towner, EverPower, Jordon Loucks, EDR, Russell Farchione, EDR

Field review of golden nematode areas None None None


Submitted Addendum Phase 1A Historic Architectural Survey Work Plan via the CRIS website

None

The addendum work plan included a revised map summarizing changes in the layout of the Facility, along with a revised APE for indirect (visual) effects, including a topographic viewshed

None


Date of Meeting



2/27/2017 Mail

Benjamin Brazell, EDR; Diana Carter, John Bonafide, & Director of Finger Lakes Region of NYSOPRHP; Andrew Davis, NYSDPS, Paul D’Amato, NYSDEC; Rudyard Edick, NYSDEC Division of Environmental permits; Seneca Nation of Indians Allegany Reservation; Seneca Nation of Indians, Cattaraugus Reservation

Visual outreach letter submitted by EDR to provide sufficient context and information to assist with the identification of visually sensitive resources and the selection of important and/or representative viewpoints from visually sensitive sites of potential statewide significance located within 10 miles of the proposed Facility.

Requested feedback in the identification of additional significant visually sensitive sites that are not included in the inventory compiled by EDR.

Submission included table of visually sensitive resources, map of Facility location and 5- and 10-mile study areas, and maps of sensitive sites with viewshed analysis.

None

2/27/2017 Mail Adjacent landowners Mailing to conduct survey to identify the presence and condition of private water wells.

None Landowner survey participation is voluntary

None

3/1/2017 Facsimile John DeOrdio, C&S, Roger Knowles, Town of Avoca Highway Superintendent



3/3/2017 Email John Bonafide & James Finelli, NYSOPRHP; Benjamin Brazell & Grant Johnson, EDR

Acknowledgement of receipt of February 27 letter “Identification of Visually Sensitive Resources – Official Request for Information”

NYSOPRHP requested the letter and attached materials be uploaded to the CRIS website to insure a complete record for the undertaking.

None None


Date of Meeting




EDR uploaded a copy of the “Identification of Visually Sensitive Resources – Official Request for Information” to the CRIS website per NYSOPRHP request received via email on 3/3/2017.

None None None

3/7/2017 Letter

John DeOrdio, C&S, Steuben Co. Sheriff, Bath Volunteer Ambulance Services; Wayland, Howard, Fremont Volunteer fire departments

Request transportation information (2nd attempt)


3/7/2017 Email; NYSOPRHP CRIS website EDR, NYSOPRHP

NYSOPRHP provided a response letter which concurred with the addendum historic architectural survey methodology and APE proposed by EDR.

Additional historic architectural survey for the Facility to be conducted and results included report prepared by EDR. The letter also indicated that due to alterations in turbine locations, an addendum to the Phase 1A Archaeological Survey Report will be required.

None None

3/9/2017 Email John DeOrdio, C&S, Ray Acomb, Town of Dansville Superintendent



3/9/2017 Email John DeOrdio, C&S, Ray Thielges, Town of Wayland Superintendent




Date of Meeting



3/9/2017 Phone John DeOrdio, C&S, Roger Knowles, Town of Avoca Highway Superintendent



No answer, left message None

3/10/2017 Phone John DeOrdio, C&S, Bob Bossie, Avoca Hose Co. Ambulance Corps


Also gave me contact nos. for Bath Ambulance Corps

None

3/13/2017 Mail

Benjamin Brazell, EDR; Diana Carter, John Bonafide, & Director of Finger Lakes Region of NYSOPRHP; Andrew Davis, NYSDPS, Paul D’Amato, NYSDEC; Rudyard Edick, NYSDEC Division of Environmental permits; Seneca Nation of Indians Allegany Reservation; Seneca Nation of Indians, Cattaraugus Reservation

Visual outreach letter regarding the recommendations for representative viewpoints that EDR is putting forward to be completed as visual simulations

Receive and organize any comments generated from the outreach process

Once approved visual simulations will be created

None

4/26/2017 Skype Meeting

Young Sommer, EDR, EverPower, Town of Cohocton, Town of Wayland, Town of Fremont, Town of Dansville Supervisors, NYSDPS representatives, NYSDEC representatives, NYSOPRHP representatives (see attached attendee list)

Two Visual impact and viewpoint presentations (10am and 3pm) to solicit feedback on the visual impact assessment to date and selection of viewpoints to be simulated

Incorporate comments made during presentation sessions by stakeholders

None None


Date of Meeting



4/26/2017 Cohocton Town Hall

Young Sommer, EDR, EverPower, Town of Cohocton, Town of Wayland, Town of Fremont, Town of Dansville Supervisors; Town of Wayland and Dansville counsel.

Provide draft HCA to Towns. Provide update on Article 10 process and answer questions on applying for intervenor funding

Provide HCA electronically to Host Town’s counsel

None None


Requested copy of Town of Cohocton Comprehensive Plan



Provided copy of Town of Cohocton Comprehensive Plan

None None None


EDR acknowledged receipt of Town of Cohocton Comprehensive Plan

None None None

5/30/2017 Fremont Town Hall

Seth Wilmore, Bill Spencer, Jane Towner, EverPower; Fremont Town Board; members of public

Public hearing to amend Town of Fremont wind law None None

Attend next Fremont meeting on June 13th when final vote on wind law amendments will occur


Seth Wilmore, Bill Spencer, Jane Towner, EverPower; Fremont Town Board; members of public

Regular Town meeting to vote on wind law amendment

None Height restriction increased to 500 feet None


Date of Meeting



6/16/2017 Conference Call Seth Wilmore, EverPower; Jim Muscato, Young Sommer; Ben Brazell, EDR; NYSDPS, NYSDEC

Discuss Stipulations

Applicant to circulate revised, final Stipulations. Short list of questions to be addressed by NYSDPS and NYSDEC

None None

6/22/2017 Email EDR, NY Natural Heritage Program Updated NHP inquiry None None None

6/30/2017 Mailing (USPS) Landowners within 1 mile of turbines and 500 feet of collection lines

Provide update on the development of the Baron Winds Project

None None None

7/12/2017 Email EDR, John Bonafide, NYSOPRHP

Update on progress of formal letter on project impacts

None J. Bonafide expects letter to indicate a finding of Adverse Impact

7/19/2017 Email EDR, NY Natural Heritage Program Response to NHP inquiry None None None

7/26/2017 Phone Call Seth Wilmore, EverPower; Mike Willis, Town of Dansville

Update on Project and Host Community Agreement None None None

7/26/2017 Phone Call Seth Wilmore, EverPower; Carol Mykel, Town of Wayland

Update on Project and Host Community Agreement None None None

7/26/2017 Town of Fremont Garage

Seth Wilmore, EverPower; Lee Pyer, Fremont Highway Superintendent, Bob Osborne, Fremont Supervisor

Discuss Road Use Agreement

Make changes to Road Use Agreement as requested by Highway Superintendent

None None


Date of Meeting






Continue discussions on road use agreement None None


Seth Wilmore, EverPower; Tom Johnson, Cohocton Supervisor

Discuss Host Community Agreement

Make changes to Host Community Agreement as requested by Cohocton

None None




Finalize Road Use Agreement None None


Seth Wilmore, EverPower; Jim Muscato, Young Sommer; Tom Johnson, Cohocton Supervisor; Bob Osborne, Fremont Supervisor, Emily Murray, incoming Fremont Supervisor; Carol Mykel Wayland Town Board; Mike Willis, Dansville Supervisor; Tim Steed, Hunt Engineering; John Vogel, Town’s attorney

Discuss Host Community Agreement

Make edits to Host Community Agreement based on Town requests

None Have informational tent on the Project at the Cohocton Fall Foliage Festival

10/8/2017 Cohocton Fall Foliage Festival

Mike Berlin, Gary Verkleeren, Steph Ottey

Have information tent on the Project at Fall Foliage Festival

None None None


Date of Meeting



10/10/2017 Fremont Town Hall Seth Wilmore, EverPower; Town Board; general public

Attend monthly Town Board meeting to discuss project updates and Host Community Agreement

Continue to discuss Host Community Agreement

None None

11/9/2017 Dansville Town Hall Seth Wilmore, EverPower; Town Board; general public

Town board vote on approval of Host Community Agreement

None Town approved resolution to sign Host Community Agreement

None

11/13/2017 Wayland Town Hall Seth Wilmore, EverPower; Town Board; general public



None


Mike Berlin, EverPower; Town Board; general public

Town Board Host Community Agreement discussion

Plan to vote on Host Community Agreement resolution at 12/19/2017 meeting

None None


Seth Wilmore, EverPower; Town Board; general public



Open house to be held on February 7th, 2018

12/27/2017 Fremont Town Hall Seth Wilmore, Mike Berlin, EverPower; Town Board; general public

Discuss Host Community Agreement and Road Use Agreement

Town Board members including new members to meet with Hunt Engineering on Road Use Agreement

None Open house to be held on February 7th, 2018 at Town of Fremont Fire Hall

2/7/2018 Fremont Fire Hall

Seth Wilmore, Mike Berlin, Jim Sardonia, Stephanie Ottey, EverPower; stakeholders and general public (approx. 60 people in attendance)

Fifth open house; present Article 10 application and project layout presented in the application

None None None


Date of Meeting



4/3/2018 Naples Town Hall Seth Wilmore, Mike Berlin, EverPower; Naples Town Board

Discuss Town’s concerns as discussed in its request for intervenor funding

Provide the Town with additional information and analysis of potential visibility of Baron wind turbines

None Attend another Town Board meeting


Seth Wilmore,Mike Berlin and Stephanie Ottey, EverPower; Fremont Town Board; general public

Town board discussion and debate on proposed changes to the wind law

Discussions on the wind law and EverPower to present analysis of impact of changes to the wind law on the project

None None

4/10/2018 Fremont Town Hall Mike Berlin, EverPower; Fremont Town Board; general public


Continue discussions on the wind law and EverPower

None None


Seth Wilmore, Mike Berlin, Stephanie Ottey, Mas Ogiso, EverPower; Emily Murray, Dean Kiefer, Anne Dye, Bob Raeman, Fremont


Continue discussions on the wind law and EverPower

None None

5/7/2019 Wayland Town Hall Mike Berlin, Everpower; Wayland Planning Board

MET Tower discussion and approval

Town approved the permit for a MET tower None None

5/8/2018 Naples Town Hall Seth Wilmore, Mike Berlin, EverPower; Naples Town Board

Present visibility analysis to Town Board

Town requested additional visual simulations and visual analysis from specific viewpoints

None

Conduct visual simulations and put together a memo for Town review. Begin to plan open house for Town of Naples

5/8/2018 Fremont Town Hall Seth Wilmore, Mike Berlin, EverPower; Fremont Town Board, general public

Town Board discussion on proposed changes to wind law

Additional analysis to be conducted by EverPower on wind law changes

None Schedule another meeting with members of Town Board


Date of Meeting



5/23/2018 Fremont Town Hall Seth Wilmore, Stephanie Ottey, Jim Spencer, EverPower; Emily Murray and Cindy Smith

Continue discussions on Fremont wind law changes None None None

7/10/2018 Naples Town Hall Seth Wilmore, Mike Berlin, Chip Readling, Leah Grossman, Innogy; Tamara

Present letter summarizing the coordination with the Town to date and the results of the visual simulations as requested by the Town at the meeting on 5/8/2018

None None Plan open house to be held in the Town in September 2018

7/10/2018 Fremont Town Hall Seth Wilmore, Mike Berlin, Chip Readling, Leah Grossman, Innogy; Town Board; general public

Town Board discussion on proposed changes to wind law

Town tabled wind law changes and requested additional information from Innogy

None None

7/25/2018 Mailing (USPS)

Town of Cohocton, Town of Dansville, Town of Fremont, Town of Wayland, County of Steuben

Provide Towns and County with executed and updated New York State Office of the Attorney General Code of Conduct Agreement

None None None


Miles Brkovich, Wayland Planning Board

MET Tower discussion and approval

Town approved the permit for a MET tower None None

8/14/2018 Fremont Town Hall Tim Vought, Leah Grossman, Town Board, general public

Town Board discussion of local wind law #2 None None None

8/28/2018 Fremont Town Hall Mike Berlin, Chip Readling, Leah Grossman, Town Board, general public

Town Board discussion of local wind law #2 None None None


Date of Meeting



9/11/2018 Fremont Town Hall Mike Berlin, Town Board, general public

Town Board discussion of local wind law #2. Innogy representative present to answer any questions from the Town Board and general public.

None None None

9/19/2018 Steuben County IDA offices

Jamie Johnson, Chip Readling, Mike Berlin, Leah Grossman

Provide project updates with regards to turbine layout and project schedule. Discussed process and procedure for IDA PILOT.

None None None

9/20/2018 Town of Wayland Chip Readling, Mike Berlin, Leah Grossman, Jane Towner, Ron Towner, Town Supervisor

Provide project updates with regards to turbine layout and project schedule

None None None

9/20/2018 Town of Cohocton Chip Readling, Mike Berlin, Leah Grossman, Jane Towner, Ron Towner, Town Supervisor

Provide project updates with regards to turbine layout and project schedule

None None None

9/20/2018 Fremont Town Hall Chip Readling, Mike Berlin, Leah Grossman, Jane Towner, Ron Towner, Town Supervisor

Town Board vote on local wind law. Innogy representatives present to answer any questions from the public.

None None None

9/25/2018 Naples Volunteer Fire Department

Chip Readling, Seth Wilmore, Mike Berlin, Stephanie Ottey, Leah Grossman, Jane Towner, Naples Town Board, general public

Present the project, provide general updates, and address concerns regarding potential for visual impact in downtown Naples

None None None


Date of Meeting



10/2/2018 Naples Court House

Chip Readling, Jane Towner, Leah Grossman, Naples Town Board, general public

Town Board discussion on visual impact of project

Town Board voted on request for intervenor funding and withdrew intervenor status

None None

10/3/2018 Mailing (USPS) Landowners within 1 mile of a turbine and 500 feet of collection lines

To provide notice of Public Statement Hearing and Procedural Conference October 11 and 12 respectively

None None None

10/11/2018 Hornell City Hall

Chip Readling, Leah Grossman, Patrick McCarthy, Oliver Kijas, Stephanie Ottey, Jane Towner, (Innogy Renewables US LLC) Jim Muscato, Jessica Klami, (Young/Sommer) Ben Brazell, Smantha Holcomb, (EDR), James Costello (DPS), Maria Villa (DEC), general public

Public Statement Hearing Notice of intervenor funding None Notice of intervenor

funding

10/12/2018 Hornell City Hall

Chip Readling, Leah Grossman, Patrick McCarthy, Oliver Kijas, Stephanie Ottey, Jane Towner, (Innogy Renewables US LLC) Jim Muscato, Jessica Klami, (Young/Sommer) Ben Brazell, Smantha Holcomb, (EDR), James Costello (DPS), Maria Villa (DEC), general public

Public Statement Hearing Notice of intervenor funding None Notice of intervenor

funding


Date of Meeting



10/18/2018 Mailing (USPS) Landowners within 1 mile of a turbine and 500 feet of collection lines

To provide notice of available intervenor funding and reduction of the project footprint

None None None

11/12/2018 Wayland Town Hall

Stephanie Ottey, Chip Readling, Leah Grossman, Jane Towner (Innogy Renewables US LLC), Town of Wayland Board, Town Supervisor, general public

Provide project update None None None


Stephanie Ottey, Chip Readling, Leah Grossman, Jane Towner (Innogy Renewables US LLC), Town of Fremont Board, Town Supervisor, general public


12/10/2018 Wayland Town Hall Chip Readling (Innogy Renewables US LLC), Town Board, Town Supervisor, general public


12/11/2018 Phone Call Baron Winds: Pat McCarthy, Chip Readling, Justin Lotak. USFWS: Tim Sullivan, Tom Wittig

Discuss recently identified eagle nest in Town of Wayland

Baron Winds to provide nest survey protocol when available

None None


Chip Readling, Stephanie Ottey, Justin Lotak, Jane Towner, (Innogy Renewables US LLC), Town Board, Town Supervisor, general public



Date of Meeting



12/17/2018 USDA Offices, Avoca NY

Baron Winds: Pat McCarthy, Chip Readling. NYSDAM: Mike Saviola, Jacquie Johnson. USDA: Dan Kepich

Golden Nematode discussion

Baron Winds to coordinate with USDA/NYSDAM prior to geotechnical borings.

Further discussion on GN avoidance/mitigation to occur as site design is finalized

None


Chip Readling, Jane Towner (Innogy Renewables US LLC), Town Board, Town Supervisor, general public


12/20/2018 USACE Buffalo District Office

Baron Winds: Pat McCarthy, Chip Readling, Justin Lotak. USACE: Steve Metivier, Marty Crossen

404 Wetland Permitting Pre-application meeting

Baron Winds to provide shapefiles for project. Application to be filed in February

None None

1/8/2019 Fremont Town Hall Chip Readling (Innogy Renewables US LLC), Town Board, Town Supervisor, general public



Stephanie Ottey, Jane Towner (Innogy Renewables US LLC), Town Board, Town Supervisor, general public


Young / Sommer

Documents

Transcript of Young / Sommer