Tuesday, August 15, 2006

Windfarm Prattsburgh-UPC/Global

Dear Windfarm Prattsburgh Lead Agent, SCIDA, Clerk,

In response to the WFP Draft EIS and the NY DEC process for SEQR Scoping and public participation, the present Draft EIS is unacceptable because it does not follow the EIS stated in the Final Scope. According to the NY DEC, "the approved Final Scope would still be valid and should serve as the basis for the Draft EIS." (letter Attached).

Missing in the DEIS for section 1 and 2 are:
1. wind data
2. details of meteorological towers
3. WAKE distance
4. Necessity of this project in detail (not generality of the RPS and Executive Order).
5. Details of PILOT, revenue distribution
6. Details of regulations both Federal and State
7. Details of Alternative Plans
8. Details of Displacement of less efficient dirtier sources of power
9. Wake and Wind rights of impacted property owners since the lease claims such for the company and therefore it is an acknowledged concern for future growth of wind energy.
10. Exact sites and EXACT Turbines!!
11. Exact Staging Area.
13. Cumulative Impact of Cohocton I and II as well as Ecogen's project upon area of the Finger Lakes that was considered by the State as highly aesthetically and geologically significant.
14. Details of construction and road improvement and dust control in the DEIS- not later.
15. Details of public safety and complaint resolution
16. Third party monitoring
17. Buried cable when at all possible as in overview of project handed to leaseholders.
18. Details, references and documentation of UPC's experience in the USA from completed projects!
19. Recommissioning especially to larger MW towers.
20. Bonding
21. Details of costs/funding of permitting and developing of project.
22. Details of GML 239.
23. Details of formal and informal meetings with Town Board.

Mentioned in the Final Scope that is contrary to the DEIS:

1. One meteorological tower.
2. Cabling between turbines and most of collection system will be buried.
3. Precise locations
4. Precise location of access roads
5. Precise location of cabling
6. Precise location of electrical interconnection facilities/lines
7. Precise location of substations
8. Precise location of staging and storage areas
9. Precise location of parking areas
10. Precise location of operations and maintenance facilities
11. Precise location of permanent meteorological towers, lights, fences and gates!!
12. Detailed specifications of make and model of turbines
13. Detailed specifications of tower foundation
14. Number of days of operations and conditions
15. Details of routine maintenance
16. Discussion of blasting or dewatering
17. Copies of any studies
18. Expected Annual rate of power generation and its effect on local rates!!
19. Wind speed and energy production data that were evaluated when selecting each turbine.
20. Expected starting and ending dates as well as anticipated phasing of construction.
21. Principal activities that will occur during each phase of construction.
22. All areas affected by construction in the vicinity and safeguards taken.
23. Timing and implementation criteria for all measures to control construction dust.
24. Protocol to avoid nematode cysts contamination.
25. Protocol for on site compliance monitoring by qualified agro-environmental inspector.
26. Funding of monitoring.
27. Project impact on budgets of affected communities along with tax distribution.
28. Potential local revenues.
29. Project construction and operational costs and off set of project revenue.
30. All construction related expenditures.
31. Noise mitigation of 3 to 6 dB and greater than 6 dB.
32. All access roads gated and locked.
33. Lists of potential emergencies and response service providers.
34. Fire and Emergency equipment and training provided by applicant.
35. Probability of tower collapse, catastrophic failure, ice throw along with winter usage.
36. Interviews will residential groundwater well owners.
37. Means of documentation of existing pre construction road conditions.
38. Propose avoidance of radio, television, microwave and mobile telephone interference
39. Alternative project areas, turbine sites to minimize VISUAL and NOISE impacts, agricultural impacts!

Throughout the DEIS, mitigation was the unlikeliness of the happening, instead of, if the occurrence transpired, how would it be mitigated in detail. Vague explanations are not implied by the scope nor the SEQR process!! Plans to be finalized after the DEIS are absolutely unacceptable.

The WFP DEIS is unacceptable unless all scoping areas are addressed since SEQR Process"is intended to follow a systematic, relatively predictable process in creating the substantive environmental review."

This substantive review was detailed in the SCOPE with public input!! It has not be substantively addressed in the DEIS!

Respectfully,

Dr. Alice Sokolow
34 Avonmore Way
Penfield, NY 14526

In a message dated 8/15/2006 12:15:53 PM Eastern Daylight Time, bahughes@gw.dec.state.ny.us writes:

Dr. Sokolow:

Your question was routed to me for reply. In general, the SEQR process continues from whatever stage it reached before the lead agency was changed. While the lead agency re-establishment language in 6 NYCRR 617.6(b)(6) doesn't address that precise question, 6 NYCRR 617.3(h) [SEQR's General Rules] makes it clear that the legislative and regulatory design of SEQR is intended to follow a systematic, relatively predictable process in creating the substantive environmental review, "(h) Agencies must carry out the terms and requirements of this Part with minimum procedural and administrative delay, must avoid unnecessary duplication of reporting and review requirements by providing, where feasible, for combined or consolidated proceedings, and must expedite all SEQR proceedings in the interest of prompt review." [emphasis added].

Thus, in this case, the approved Final Scope would still be valid and should serve as the basis for the Draft EIS. I hope that this responds adequately to your question.

B. A. Hughes
Chief, SEQR and Training
Division of Environmental Permits
NYS Dept. of Environmental Conservation
625 Broadway - 4th floor SW
Albany NY 12233-1750
(518) 402-9158 (direct); 402-9167 (office)
(518) 402-9167 (fax)
bahughes@gw.dec.state.ny.us

>>> 08/15/06 10:09 AM >>>
DEAR NY DEC,

If a Scope is completed for a project with public participation and
Final Written Scope and then the LEAD Agency is changed, does the Final
Scoping determination transfer and continue to apply to the project??

Dr. Alice Sokolow

No comments: