Horse Creek project denied extension

CLAYTON — Time's up for Horse Creek Wind Farm.

The joint village and town Planning Board, meeting Thursday night, balked at a third year of inactivity on Iberdrola Renewables' proposed 62-turbine project, which was in the middle of its state environmental quality review.

If Iberdrola wishes to build the wind power project now, the company will have to submit a new application and start the environmental review process over.

"Last year, I sat at this table and said I wouldn't vote for another extension," board member Paul E. Heckmann said. "They've been screwing around for two years."

Members voted 5-2 against the third extension.

Chairman Roland A. "Bud" Baril and member John W. Kehoe voted for it. They said they wanted to see the town maintain control of the environmental review process, something that could be challenged if the developer started from square one.

"The drawback is that you would start the SEQR over, which is potentially a more complicated process now than a year ago," town attorney Joseph W. Russell said.

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

"There may be some interest at the local level for DEC to be lead agency and it does open the issue up again on who is lead agency," Mr. Russell said. "Granting the extension has no downside other than you have a pending application that would, at some point, be stale and probably need some changes."

If Iberdrola returned with an application, other involved agencies again must consent to have Clayton's Planning Board lead the environmental review.

"We need our local input," Mr. Kehoe said.

Mr. Baril said, "I'm a 'yes,' only because I'm a little leery about lead agency status."

But the other board members said they were tired of Iberdrola's delays and a late request to extend the suspension. A second one-year suspension that the board extended the project ended May 15, but Mr. Baril received an e-mail Monday and a letter Wednesday from Jenny L. Burke, business developer with Iberdrola, on the request. Mr. Baril read the letter during the meeting.

"I want to stop this," Mr. Heckmann said.

Member Ronald N. Duford said, "It needs to be started again."

Mr. Hazelton said, "I'm not concerned about losing local control."

Member Twyla Webb said, "Enough has transpired that they really should start over with a new application."

Board member Preston L. Lowe added, "I'm a definite 'no' because they didn't bother filing their request in time."

The first suspension was requested so Iberdrola could investigate the project's effects on Indiana bats, a federally listed endangered species that also is suffering from the mysterious "white nose syndrome" fungal infection that has decimated bat species in the Northeast.

As things stand, Iberdrola doesn't know if it will be required to have permits from DEC and the U.S. Fish and Wildlife Service for damaging Indiana bats or if the effects on bats would require project changes, the letter said.

"The applicant has also been considering a modification of the project," she wrote.

She asked that the suspension continue through May 1 while Iberdrola continues "to investigate the impacts on the Indiana bat population."

Mr. Baril said the project must be changed to address Indiana bats and wetlands, but Iberdrola also had suggested taller turbines.

"They still have an awful lot of work to do before they would come back," he said.