THIS IS NOT A PERMIT _________________________________________________

New York State Department of Environmental Conservation

Notice of Complete Application
Date: 12/30/2010 Applicant: ST LAWRENCE WINDPOWER LLC

165 JORDAN RD TROY, NY 12180

Facility: ST LAWRENCE WINDPOWER LLC

NE-PLEASANT VALLEY RD / SE-ST RTE 12E / SW-SAND BAY RD / NW- MASON RD CAPE VINCENT, NY
Application ID: 6-2228-00587/00002 Permits(s) Applied for: 1 - Section 401 - Clean Water Act Water Quality Certification 1 - Article 11 Endangered/Threatened Species (Incidental Take) 1 - Article 24 Freshwater Wetlands Project is located: in CAPE VINCENT in JEFFERSON COUNTY
Project Description:

Construction of a wind-powered electrical generation facility consisting of 51 wind turbines and supporting infrastructure on approximately 60 acres within an approximate 7,600-acre project development area in the Towns of Cape Vincent and Lyme, Jefferson County. Construction activities will result in a total of approximately 0.32 acres of permanent fill impacts, and 1.95 acres of temporary impacts, to U.S. Army Corps of Engineers (USACE) jurisdictional wetlands. Approximately eleven overhead power poles will be placed in the adjacent areas of DEC Wetlands CV-1 and U-4, within an existing former railroad bed, as part of the transmission line to the Lyme substation. Project construction activities will also result in 50 linear feet of permanent impacts to USACE-jurisdictional streams. To mitigate permanent impacts to wetlands, adjacent areas and streams that result from project construction, wetlands will be created at a mitigation site at a 3:1 replacement ratio. The applicant is seeking an endangered and threatened species, Incidental Take Permit for the construction and operation the project. Species potentially impacted by direct or indirect take include Shorteared Owl, Upland Sandpiper, Henslow’s Sparrow, Northern Harrier, and Indiana Bat. A permit allowing for annual direct take of one each of the four bird species is being sought by the applicant. Additionally, the applicant is proposing to mitigate permanent loss of 40.86 acres of habitat through managed conservation easements on 252 acres adjacent to the project. The applicant commits to a three year post construction monitoring study to determine direct impacts to birds and bats, displacement studies to determine effects of operation on grassland birds, and an adaptive management process to alter operations if impacts exceed permit thresholds. A copy of the complete application is available for public review during normal business hours at the following locations: Cape Vincent Public Library, 157 North Real Street, Cape Vincent, New York; Lyme Free Library, 12165 Route 12E, Chaumont, New York, DEC Region 6 Headquarters, 317 Washington Street, Watertown, New York, ATTN: Ken Kogut. Application materials can also be viewed on the applicant’s website at: http://www.stlawrencewind.com.
Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it

is recommended that an appointment be made with the contact person.
State Environmental Quality Review (SEQR) Determination

A final environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency Cape Vincent Town Planning Board State Historic Preservation Act (SHPA) Determination

A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.
DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.
Availability For Public Comment Contact Person

Comments on this project must be submitted in writing to the Contact Person no later than 01/20/2011 or 15 days after the publication date of this notice, whichever is later.

STEPHEN M TOMASIK NYSDEC 625 BROADWAY ALBANY, NY 12233 (518) 402-9167

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