HomeMy WebLinkAboutCommunityRelations_9_16-1.pdf
9/10/16
BLACK OAK WIND FARM
Town of Enfield Community Relations and Complaint Resolution Procedure
Black Oak Wind Farm, LLC, (the Project Sponsor) seeks to construct and operate a
seven (7) turbine wind-powered generating facility, known as the Black Oak Wind Farm (the Project) to
be located on leased private lands within the Town of Enfield (the Town).
The following community relations and complaint resolution procedure will ensure that
concerns by neighbors regarding traffic, potential noise, shadow flicker, electromagnetic interference,
and operation of the Project will be adequately mitigated and/or addressed in a timely and effective
manner. The complaint resolution procedure will also ensure that the Project Sponsor and the Town
work cooperatively together to resolve any complaints that may arise.
Community Relations
Many complaints relating to the development of the Project can be pro-actively avoided by
communicating widely and often with the Town and the property owners. If the community is made
aware ahead of time of activities that could cause disruption such as construction noise, or slow
vehicles, community members can make plans to avoid such disruptions and the number of
disturbances and/or complaints will be lessened. The project will make every effort to minimize the
number and duration of the disturbances.
1. Throughout the construction of the Project, a communication link with the Town will be
maintained in order to maximize cooperation during the construction phase.
2. Prior to the commencement of any construction, the Project Sponsor will coordinate with the
Highway Superintendents to develop and provide the Town with a documented record of all existing
major roads and infrastructure with which the project will interact. Such documentation will also be
provided directly to emergency service providers and schools.
3. All equipment transportation schedules and transportation routes will be made public through
the established communications link.
4. During construction, speed limits will be imposed and enforced on construction traffic.
5. The Project Sponsor shall comply with the conditions of the authorizing permits and conditions
applying to construction and maintenance activities.
Complaint Resolution Procedure
In order to resolve complaints in a prompt and effective manner, complaint procedures should be
followed as closely as reasonably possible under the circumstances. The complaint resolution procedure
shall be in place for the life of the Project.
Complaint Resolution Procedure for Residents and Property Owners
The complaint resolution procedure for residents of the Town and property owner shall be as
follows:
1. Prior to construction, the Project Sponsor shall set up a toll-free number for use by the
local residents of the community that will be provided on both the Project Sponsor’s website and the
Town’s website.
2. Complaints may be made through the following channels:
a. By calling the toll-free number;
b. By making a written complaint addressed to the Project Manager at the Project Sponsor’s
principal place of business; or
c. By making a written complaint addressed to the Town Board of the Town of Enfield (the
Town Board).
3. In the event the Project Sponsor receives a telephone or written complaint, the Project
Sponsor shall inform the Town Board in writing within 5 days of the details of such complaint.
4. In the event the Town Board receives a written complaint regarding the Project, the Town
Board shall inform the Project Sponsor in writing within 10 days of the details of such
complaint.
5. A log will be kept by the Project Sponsor of the name and contact details of the
complainant and the actions taken to resolve the complaint. The Project Sponsor shall make the log
available to the Town Board for inspection upon request.
6. Upon the Project Sponsor’s receipt of a complaint, either directly or through the Town
Board the Project Sponsor shall promptly contact the complainant to investigate and
resolve the issue to the satisfaction of both parties. In the event that the complaint is not
resolved to the satisfaction of the complainant, or that an agreed upon solution is not
under development within thirty (30) days of receipt of the complaint, the complainant
may refer the matter to a mutually acceptable mediator or arbitrator. The Project Sponsor
shall make every reasonable effort to resolve all complaints.
7. The Project Sponsor has conducted a visual impact assessment, shadow flicker study,
acoustic study, and microwave study in accordance with the Town’s State Environmental
Quality Review of the Project. However, in the event of complaints relating specifically
to sound, shadow flicker, and electromagnetic interference, the Project Sponsor shall proceed as
follows:
a. Sound: In the event of a complaint about potential turbine noise, the Project
Sponsor shall conduct site-specific sound studies at those locations related to the
complaint. If the turbine noise exceeds the existing sound standards for the Project based
on the Acoustic Study and Acoustic Study Update, the Project Sponsor shall determine which sound
component is problematic and develop recommendations to correct the problem. The Project Sponsor
shall have reasonable discretion in proposing effective responses to satisfy the complainant as
permitted under applicable laws and regulations.
b. Shadow Flicker: In the event of a complaint about turbine shadow flicker, the Project
Sponsor shall conduct site-specific studies at those locations related to the complaint. If the turbine
shadow flicker exceeds the existing turbine shadow flicker standards for the Project based on the
Shadow Flicker Study and Revised Shadow Flicker Study, the Project Sponsor shall determine which
flicker source is problematic and develop recommendations to correct the problem.
The Project Sponsor shall have reasonable discretion in proposing effective responses to satisfy the
complainant as permitted under applicable laws and regulations.
c. Electromagnetic Interference: In the event of a complaint about turbine
interference with microwave radio or television reception, the Project Sponsor shall conduct site-
specific and spectrum specific studies at such locations. If the Project is found to be interfering with
microwave, radio or television reception, the Project Sponsor shall investigate
potential sources and develop recommendations to correct the problem. As permitted under
applicable laws and regulations, the Project Sponsor shall have reasonable discretion in proposing
effective responses that will satisfy the complainant, including wind farm
equipment modifications that reduce interference, the installation of re-routing signal path
equipment, the replacement of antennae or receiving equipment, the substitution of cable satellite
or other signal securing equipment for the complainant, or the securing of electronic
interference easements from the complainant.
Complaint Resolution Procedure for the Town
The complaint resolution procedure for the Town shall be as follows:
1. In the event the Town submits a complaint to the Project Sponsor on behalf of the
residents and property owners of the Town, the Project Sponsor shall promptly conduct any
appropriate studies to determine the existence of any problem with the Project. Such
study shall be conducted by independent consultants and the results made available to the Town.
2. If a problem is found to exist, the Project Sponsor and Town will engage in discussions to develop
and propose actions to resolve the problem.
3. If a resolution that is reasonably satisfactory to the Project Sponsor and
Town is determined the Project Sponsor will deliver to the Town a written statement of the
resolution that will be incorporated, by reference and any formal action necessary, into
the underlying permit as a condition of operations.
4. The Project Sponsor shall then implement the resolution actions.
5. In the event that an agreed upon solution is not under development within thirty (30) days
of receipt of the complaint, either the Town or the Project Sponsor may refer the matter
to a mutually acceptable mediator or arbitrator. The Project Sponsor shall make every
reasonable effort to resolve all complaints of the Town.
Unless otherwise specified herein, any notification required by the complaint procedures
described herein shall be made in writing and delivered or mailed by first class mail to the Town
Board or the Project Sponsor at the following locations:
Town of Enfield Town Board
Enfield Town Hall
168 Enfield Main Road
Ithaca, New York 14850
Black Oak Wind Farm, LLC
Attn: Marguerite Wells, Project Manager
863 Hayts Road
Ithaca, New York 14850