DEC won't claim review

The state Department of Environmental Conservation isn't interested in taking over the environmental review of dormant Horse Creek Wind Farm.

Clayton's joint village and town Planning Board didn't give the project a third yearlong suspension during its environmental review process. Developer Iberdrola Renewable had asked for the suspension so it could further investigate the potential harm of the 62-turbine project to Indiana bats, a federally listed endangered species.

Iberdrola's spokesman said Friday that the company will submit a new application and start the environmental review process over.

During discussion Thursday, Planning Board members hypothesized that DEC could assert itself as lead agency for the review process, a role held by the Planning Board when the application was active.

Planning Board alternate Duane C. Hazelton said he had called DEC in Albany and officials there had said they don't want to take over a SEQR process on the project.

Town attorney Joseph W. Russell said the developer's attorney also had asked whether DEC would take over the review, again getting a negative answer.

"We have not had any formal requests," DEC spokeswoman Maureen F. Wren said. "And if we were to receive such a request, it would be highly unlikely that the DEC would step in."

She acknowledged several informal discussions.

The department was lead agency for the review of the Galloo Island Wind Farm in Hounsfield, but the two projects are fundamentally different.

"The issues raised thus far do seem to be viewed as local land-use issues," she said. "In Galloo Island, those issues were more focused on natural resources."

DEC considered the noise and setback issues prevalent in the Horse Creek environmental impact statement as of primarily local concern.