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SEQR NEGATIVE DECLARATION BIG TREE SOLAR PROJECT WHEREAS the Town Board of the Town of Wales (“Town Board”) received an application from NED- New Energy Solar 10 LLC (the “Applicant”) to construct an approximately 2.7 (AC)-megawatt solar energy facility (the “Proposed Action”) at 13748 Big Tree Road; and WHEREAS, the Town Board has determined that the Proposed Action is subject to the State Environmental Quality Review Act under the N.Y.S. Environmental Conservation Law, Article 8 (“SEQRA”), classified the Proposed Action as a Type 1 action under SEQRA, declared its intention to act as Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQRA and conducted a coordinated review; and WHEREAS, the Wales Town Board has reviewed the application materials and project at several meetings, received comments and recommendations from the Town Planning Board and Town Conservation Advisory Board, and received input from Erie County (including completing the required Section 239 referral), other agencies and the Town Consultant; and WHEREAS the Wales Town Board received input from the public throughout the process and held a public hearing on October 14, 2025, and subsequently closed this hearing; and WHEREAS the Wales Town Board in accordance with the New York State Environmental Quality Review Act (SEQRA), having conducted a coordinated review, reviewed Part 1 of the FEAF and completed Parts 2 and 3 of the FEAF and discussed them over several meetings, and has done a thorough review of the project and its potential impacts; and WHEREAS, the Wales Town Board, in accordance with SEQRA, has determined that the proposed approval and construction of an approximate 2.7 (AC) MW solar energy system at this location will not adversely affect the natural resources of the State and/or the health, safety and welfare of the public and is consistent with social and economic considerations. NOW, THEREFORE, BE IT RESOLVED, that the Wales Town Board, through the coordinated review process which established the Town Board as SEQR Lead Agency, hereby determines that the proposed approval and construction of an approximate 2.7 (AC) MW solar energy project at this location is not anticipated to result in any significant adverse environmental impact and that a Negative Declaration is hereby issued and that the Town of Wales Supervisor is authorized to sign the EAF (and its attachments), which will act as the SEQR Negative Declaration. ROLL CALL VOTE ON THE RESOLUTION: • Supervisor Howard – Yes • Councilman Butcher – Yes • Councilwoman O’Connor – Yes • Councilman Newman – Yes • Councilman Gallo – Yes MOTION # __ Carried ayes-5 nays-0. Negative Declaration Resolution adopted. The Town Engineer, Robert Klavoon noted that a draft Special Use Permit (SUP) with conditions will be prepared for consideration at the March meeting, after remaining outside approvals are obtained. Once the SUP is approved, administration and enforcement will be handled by the Building Inspector.