HomeMy WebLinkAboutDEIS-Comments-Public-Hearing-Transcript.pdf1
I:\Harris Beach\210176 Tn of Enfield ‐ Black Oak Wind\SEQRA\Public Comment Period & Hearing\LaBella Comments\LaBella Comments 7‐22‐13.docx
Black Oak Wind Farm
LaBella Comments on DEIS Accepted on June 12, 2013
July 22, 2013
Sections 1.0 and 2.0
1. The FEIS should include a discussion of the responsiveness (24 hours per day, 7 days per
week) of on‐call technicians who will be based in Howard NY. Further information is
needed on potential response time in the event of an emergency.
2. On page 32, the DEIS indicates the Project Sponsor’s obligation to furnish the Town with
evidence of adequate insurance sufficient to cover unforeseen events (such as the
collapse of a wind turbine). The FEIS should clarify when in the SEQR/design/
construction process such evidence will be presented.
Section 3.1 Geology, Soils and Topography
3. Given that the final detailed geotechnical investigation will not be completed prior to the
FEIS, known information summarizing geotechnical conditions/constraints at specific
turbine sites, access roads and the staging area, should be provided in the FEIS,
including: erosion hazard, hydric soils, prime farmland, depth to water table, soil
bearing capacity, soil textures, steep slopes, shallow bedrock, cut and fill areas, etc.
4. The FEIS should include a discussion of the conversion of agricultural land (3.9 acres
permanent and 38.4 acres Farmland of Statewide Importance) should be included in the
FEIS, based upon the Notice of Intent to Undertake an Action within an Agricultural
District which will be filed with the NYSA&M, and the Agricultural Data Statement
which will be submitted to the Town of Enfield. The timing of the preparation of both
the Notice of Intent and the Agricultural Data Statement should be such that analysis
within these documents can be included in the FEIS.
Section 3.2 Water Resources
None
Section 3.3 Climate and Air Quality
5. A brief description is needed in the FEIS of the magnitude and reliability of the wind
resource which demonstrates that the benefits associated with the project will be
realized, with regard to renewable energy, reduction of greenhouse gases, global climate
change, reduction of emissions from existing power plants, and air quality
improvements.
2
I:\Harris Beach\210176 Tn of Enfield ‐ Black Oak Wind\SEQRA\Public Comment Period & Hearing\LaBella Comments\LaBella Comments 7‐22‐13.docx
Section 3.4 Biological Resources
6. The DEIS indicates that field surveys of ecological communities occurred in the late fall
and winter. The FEIS should elaborate on how effective visual surveys were at this time
of year and what was the condition of plant life (after frost?) What is estimate of the
percentage of plants/wildlife available for observation compared to spring/summer
surveys?
7. The FEIS should clarify specifically what post construction bird and bat studies will be
done, including the draft work plan (or final if available) as agreed to by NYSDEC and
USFWS. Specify whether radar studies are needed, in accordance with 9‐8‐10 Scope.
Include an overall schedule for finalizing study scope/protocol, coordination with
agencies, and conduct of studies themselves.
8. The FEIS should describe how adaptive management will be implemented if adverse
impacts are identified during post construction monitoring. Who will be responsible for
suggesting changes (will there be an allowance for independent third party review, or
Town consultant review)? Will the project environmental monitor be involved?
Section 3.5 Agriculture
9. The Agricultural Notice of Intent should be filed prior to FEIS completion and a
summary of the NOI and any response from NYSA&M included in FEIS. The same
schedule should be followed with respect to the Agricultural Data Statement.
Section 3.6 Aesthetic/Visual Resources
10. The FEIS should include an additional photo simulation, based upon the view for the
nearest residential structure (+/‐ 900 ft).
11. The FEIS should include the Town’s determination of whether there is an existing
aesthetic problem (eg. eyesore, historic structure needing maintenance, etc.) that should
be corrected as an “offset” to the unavoidable visual impacts.
12. The FEIS should indicate whether the shadow flicker impacts/mitigation for homes
experiencing between 10 and 30 hours of shadow flicker per year, as described in the
DEIS, meets the intent of the Town Wind Law. A procedure for Complaint Resolution
should be described.
Section 3.7 Historic, Cultural, and Archeological Resources
13. In order to have a complete understanding of impacts on historical/architectural and
archeological resources, the two studies referenced in the DEIS (Phase IB Cultural
Resources Survey and the Historic Architectural Resources Survey) should be prepared
and submitted prior to the FEIS preparation.
Section 3.8 Open Space and Recreation
None
3
I:\Harris Beach\210176 Tn of Enfield ‐ Black Oak Wind\SEQRA\Public Comment Period & Hearing\LaBella Comments\LaBella Comments 7‐22‐13.docx
Section 3.9 Traffic and Transportation
14. It is unclear what proportion of access roads would be surfaced with gravel vs. shale
mined on site. The FEIS should specify the following information:
• Estimated volume of each material (gravel, shale, sand, or other) required for
access road construction.
• A table summarizing the estimated number of total truck trips for all deliveries
(OS/OW, cement, gravel, shale, sand).
• Town and County roads travelled by trucks carrying access road materials
• Existing condition of those Town and County roads and any deficiencies that
would affect gravel/shale transport
• Suitability of shale for road bed construction with regards to weight‐bearing and
surface durability and expected life of access roads constructed with shale vs.
gravel
15. The FEIS should provide information regarding the proposed coordination and
permitting for use of State, County and Town Roads, including a basic list of involved
highway departments/other officials (school officials, emergency responders) based on
the expected delivery route as well as the haul routes for access road materials; the
schedule of when in the SEQR/design process these officials would be contacted; a
schedule for preparing Road Use Agreements; and the expected number and type of
work permits required.
16. The FEIS should describe how and when the project sponsor will establish a road use
reparation fund or reparation bond?
Section 3.10 Energy
None
Section 3.11 Noise
17. The FEIS should clarify what is meant by the statement:
An increase above background sound levels between 6 and 8 dBA, with a maximum of 47 dBA,
is predicted at 14 receptors (see Table 25 below). Agreements are expected that will include
all of these residences as Project participants.
The FEIS should describe how noise impacts would be mitigated by including affected
residences as project participants?
18. On page 186 and again on page 189 of the DEIS, the overall ambient Leq sound level
across the three sites and all hours is reported as 39.8 dBA. The narrative does not
characterize the ambient sound levels measured at night and during the day separately.
As nighttime ambient sound levels available to mask sound emitted by turbines may be
significantly lower than the daytime ambient level, additional information is needed in
the FEIS regarding the difference between nighttime and daytime levels in order to
validate the use of the 39.8 dBA benchmark and to evaluate the potential for sound
pressure increases in excess of 6 dBA at night.
4
I:\Harris Beach\210176 Tn of Enfield ‐ Black Oak Wind\SEQRA\Public Comment Period & Hearing\LaBella Comments\LaBella Comments 7‐22‐13.docx
19. The paragraph immediately preceding the table on page 190 of the DEIS includes the
following two sentences. “Beyond this threshold, Project noise is unlikely to result in a
significant adverse impact under most normal atmospheric conditions. Inside of this threshold,
the Project is likely to be audible above the background sound level.” Together the two
statements seem to be equating audibility and impact and implying that the Project will
not be audible beyond the threshold. As the threshold is approximately 6dBA, it seems
unreasonable to imply that the Project would not be audible beyond the threshold,
particularly given the other rules of thumb cited from the DEC guidelines and the
statement found in the next‐to‐last paragraph on DEIS page 188 that references how
“turbines can commonly be discerned at fairly large distances even though the actual sound
level may be relatively low and/or comparable to the magnitude of the background level.”
Additional explanation should be included in the FEIS to clarify the difference between
sound levels that are audible vs. those that have an impact and to clarify the potential
for there to be sound levels that are audible but without an impact.
Section 3.12 Public Safety
20. It is noted that the Town Wind Law has no setback for public roads. However, the FEIS
should provide information on the minimum distance from turbines to public roads.
This is significant in terms of assessing risk for ice throw (primarily occurs within 300
feet of blades) as well as blade throw and tower collapse. Note: statement on DEIS
p.202 which indicates minimum setback of 190 feet from roads should be verified, as it is
somewhat conclusory.
21. The FEIS should elaborate on the preparation of Fire Protection and Emergency
Response Plan, including the schedule for preparation, applicability to both construction
and operation phases, coordination with local fire and emergency providers, approval
by the Town, etc.
Section 3.13 Growth and Community Character
22. The FEIS should provide additional description of the amount of the project area owned
by project sponsor versus the number and location of non‐participating parcels that have
residences on them. This is significant in the assessment of the number of residential
properties that might be potentially affected by loss of property value, as studies of
whether turbines affect property values have mixed results.
23. DEIS Section 3.13.2.2 does not accurately reflect that there are mixed results with regard
to the effect of wind turbines on property value issues and that it really cannot be
known what property value impacts will result in this area nor how they will evolve
over time. The FEIS should clarify that such impacts on property values are unknown
so that conditions can be imposed in the Findings at the Town’s discretion.
Section 3.14 Socio‐Economics
24. More detail is needed in the FEIS regarding vacant parcels potentially impacted by
required setback distances from wind turbines. For each turbine, the location and
acreage of non‐participating land that would be affected by the 900 foot residential
5
I:\Harris Beach\210176 Tn of Enfield ‐ Black Oak Wind\SEQRA\Public Comment Period & Hearing\LaBella Comments\LaBella Comments 7‐22‐13.docx
setback from turbine locations should be identified. This information is needed to
document the summary statements made in Section 3.14.3.2.1 on p. 235.
25. An analysis is needed in the FEIS to indicate the non‐participating parcels that are
subject to cumulative impacts of noise, shadow flicker, visual impacts (characterized
generally by foreground or mid‐ground views and number of turbines within view),
loss of developability, and other factors. Once properties are identified, impacts and
mitigation measures should be evaluated.
26. The FEIS should explain annual “good neighbor payments”. Who would be eligible?
How would eligibility and amount of payment be determined and who would be
involved in the determination? When would payments start? What is significance of
1% of project gross revenue (approximately $35,000) being distributed to 80 landowners
within project footprint (+/‐ $437 per landowner)?
Section 3.15 Community Facilities and Services
27. The FEIS should provide any updated information based on communication with
owner/operator (Enterprise Products of Houston, TX) on the buried gas pipeline in the
southern portion of the project and whether it will be potentially impacted by
construction.
28. The statement on DEIS p. 240 that “The police, fire, and emergency response departments
have adequate personnel and equipment to respond to routine emergency needs (e.g., traffic
accidents or medical conditions such as heat stroke or heart attack) during the construction and
operation of the Project” as well as remainder of that paragraph, is presented without any
basis. The FEIS should describe if these departments contacted regarding potential
concerns and what concerns they identified, if any.
29. The FEIS should clarify coordination with and training of local emergency providers. A
basic description is needed of the type and frequency of training to be provided by
Project Sponsor. When will training occur in relation to the construction period and
during operation?
30. The FEIS needs to clarify the information on DEIS p.241: “The wind turbines are located at
least 400 feet from property lines, 400 feet from the nearest public road, and 1,000 feet from
any nonparticipating neighboring residences.” These setbacks are not discussed elsewhere
in DEIS document.
Section 3.16 Communication Facilities
31. The FEIS should confirm that the Community Outreach Plan will be available to resolve
any problems with all communication systems during construction and operation of the
project (i.e. not just where it is specifically mentioned).
32. The FEIS should provide updated information on contact made with the three affected
FM stations and the identified mitigation measures.
33. A description is needed in the FEIS of continued coordination with U.S. Dept of
Commerce (DOC) in order to allow them to track project completion and any changes to
height or number of turbines installed (as well as necessary coordination with other
communication agencies – FAA, Dept of Navy etc. if height changes are made).
6
I:\Harris Beach\210176 Tn of Enfield ‐ Black Oak Wind\SEQRA\Public Comment Period & Hearing\LaBella Comments\LaBella Comments 7‐22‐13.docx
Section 3.17 Land Use and Zoning
None
Section 3.18 Construction Related Impacts
None
Section 4.0 Unavoidable Impacts
34. The FEIS should confirm that the measures proposed in the Community Outreach and
Communications Plan (Appendix U) will be available to the Town and members of the
public during operational phase of the project, as well as the construction phase (the
Plan seems to focus on construction). Does the Plan include a mechanism by which the
Town will be made aware of public complaints and their resolution?
35. The FEIS should specify when in the SEQR/design process the Community Outreach
will be finalized.
36. An explanation of the Town of Enfield’s involvement with selecting and/or approving
the environmental monitors and the monitoring program should be included in the
FEIS.
Section 5.0 Alternatives
37. The discussion of No Action Alternative in the DEIS is one‐sided, by specifically
identifying what benefits would be lost but not specifying the adverse unavoidable
impacts that would be avoided. The FEIS should provide a more balanced discussion.
Section 6.0 Irreversible and Irretrievable Commitment of Resources
None
Section 7.0 Cumulative Impacts
None
Section 8.0 Growth Inducing Aspects
None
Section 9.0 Effects on Use and Conservation of Energy Resources
None