February 5, 2008
Jack Zigenfus - Supervisor
15 S Main St.
P0 Box 327
Cohocton NY 14826
Ph. 585/534-5101
Fax 585/534-5472
Mr. Lawrence Mott
UPC Wind Management, LLC
50 State Street
Montpelier, VT 05602
Re: Cohocton and Dutch Hill Wind Power Projects
Canandaigua Power Partners, LLC and Canandaigua Power Partners II, LLC Town of Cohocton
Dear Mr. Mott:
The purpose of this letter is to notify you of Canandaigua Power Partners, LLC (CPP) and Canandaigua Power Partners II, LLC (CPP lI)’s remaining, obligations under the SUP. This list is not exhaustive. These issues are related to the conditions set forth in the Special Use Permit and other executed agreements that govern your work. It is important for you to recognize that compliance with these conditions are essential and that they must be completed in a timely fashion and to the satisfaction of the Town. Please address your responses to me, the Town’s Designee. Responses will be in writing on CPP or UPC letterhead (no E-Mail), with copies to LaBella. Please call me at your earliest convenience so that we can establish a schedule for complying with these requirements.
The following list identifies the outstanding. issues that have been identified to date:
I. SPECIAL USE PERMIT (SUP):
Condition 3: Permittee’s Contractual Interest in Project Parcels of Land
• CPP and CPP II must document to the Town Designee proof of Permittee’s contractual interest in parcels of land identified on the site plans. The form of proof has been previously agreed upon and must include acknowledgement by UPC and the landowner.
• CPP and CPP II must document to the Town Designee compliance with the setback requirements of Local Law Nos. 1 and 2 of 2006. It is the Town’s intent to utilize LaBella Associates to conduct an instrument survey to verify construction compliance with the site plans. We anticipate checking several critical turbine setbacks. Labella’s surveyor is willing to work with your surveyor to accomplish this “spot check”. Corrective action will be taken should setbacks be determined to be in violation of our ordinances.
• CPP and CPP II must provide setback releases from the owners of record of the parcels of land identified in Schedule 3.
Conditions 4 &5: Federal State & Local Permits and approvals
• Provide written acknowledgment that any work undertaken prior to obtaining all federal, state, and local permits and approvals shall be undertaken at the permitee’s sole risk.
Condition 9G: Construction Requirement
• Provide the Town with a written plan describing how the Permittee intends to implement a Survey and Avoidance Plan whose purpose is to identify nesting grassland bird species and avoid any species of concern. To date this has not been an issue due to the season of construction however Spring is approaching.
Condition 13 & 23: Immaterial Alterations
• We request that CPP and CPP II copy all alteration requests to LaBella Associates per SUP Condition 23A.
• Please submit appropriate drawings and written descriptions for each instance identified below.
• Lent Hill, T-3 0 &3 1: Access Road Changes from Site Plan.
• Lent Hill, T-9: Access Road alignment changed from site plan.
II. PERMIT OVERSIGHT AGREEMENT
Article VI Section 6.3: Fire Protection and Control
• It is not clear whether the meeting with the Fire Chief has taken place and whether the Fire Protection Plan been instituted.
Exhibit C: Complaint Resolution Protocol .
• The Town requests that the weekly complaint log be submitted to the Town Designee. Please submit the log to date and submit timely logs hereafter.
• Submit weekly construction schedules to the Town’s designee and LaBella Associates outlining your anticipated work for that week. Weekly scheduled meetings may also be required.
Thanks you for your consideration of these matters,
Sincerely,
Town of Cohocton
Joseph Bob
Zoning Officer and Town Designee
Cc: Jack Zigenfiis, Supervisor Town of Cohocton
Ray Schrader, Town of Cohocton Planning Board
Eric Henderson, Code Enforcement Officer
Wayne Hunt, own Councilman
Doug Hastings, LaBella Associates, PC
Todd Mathes, White Osterman and Hanna
Ruth E. Leistensnider, Nixon Peabody
Chris Swartley, UPC
John Pelczar, UPC
Josh Bagnato, UPC
Jim Goodman, UPC
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