st.lawrence wind sdeis public comment letters4 of 5

8/6/2019 St.Lawrence Wind SDEIS Public Comment Letters4 of 5

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May 28,2009

Town of Cape VincentAttention: Town Supervisorr.o Box 680Cape Vincent, NY 13618To Whom ItMay Concern:I have reviewed the April 2009 SLW SEIS and have identified the following comments thatmembers of the WPEG and Governmental Agencies made regarding the SLW OElS either in thePublic Hearing or in written comments that are not addressed in the SEIS:Miscellaneous:1). Since the coal/gas generators just go on stand by while the wind generator isgenerating please explain how wind power eliminates pollutants and greenhouse gasesduring the production of electricity, thus benefiting ecological and water resources, aswell as human health.2) Please explain who maintains service roads to individual towers and takeawaylines and what level of maintenance priority will these roads have vs. residential roads ..3 ) 1 am concerned that there are no safety measures to ensure children don't get near thewind mills,4) The assumptions used to complete the DEIS/Supplemental are not listed5) The DElS should include the Planning Board's Energy Facilities Ordinance thatgoverns the application and decision-making process for the special permitsassociated with the Wind Farm Project6) The substation/collection station and Operations and Maintenance facility should berepresented with a plan and profile figures indicating proposed layout, elevation drawingsindicating all major equipment, architectural features, fencing, exterior lighting, andaccess road in relation to the NMPC transmission facilities7) A real-time, 3-D computerized simulation of the project's area of impact withselected resources digitized would give the Lead Agency, Involved Agencies, andthe public a better understanding of the project's impacts. Due to the scale of theproject, it is virtually impossible to assess the project's impacts through GIS maps,line of sight cross sections, and photo simulations alone8) The decommissioning process is inadequate. Watertight policies must be put intocontract form which ensures that sufficient funds are available to dismantle and


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remove the complete project and to restore the land to its original condition beforethe final EIS is accepted. Additionally, triggers need to be setto clearly-provide ..parameters under which a decommissioning process must OCCUL The citizens ofthe town must then be given sufficient time and opportunity to review .andcomment on the revised process before the final EIS is signed.9) I urge the Lead Agency to insist upon nothing short of full bonding for performance,payment, public improvements and decommissioning. You will need to figure out howthat bonding follows to successive owners, because the IRS tax structure for windturbines is a huge incentive to sell the project every two years.10) I am concerned that the maximum power generation of the wind farm will come closeto the transmission line capacity will and the impact that will have on future powerrequirements for the .area.11) SLW has concluded that the transmission line on which the Project wouldinterconnect has limited capacity, which limits a larger project In that case t h e Y a r e ' "blocking other power generators (Bio/Solar) form generating power unless they payto increase the capacity of the transmission line12) The DElS states that the project will augment local electricity supply. Is this atrue statement?1.3)Neither the DEIS or the Supplemental discuss the Comprehensive Plan adopted bythe Town and how the project will fit into the goals set forth in the plan. Thediscussion should include potential impacts to the scenic byway and tourism inthe area.

Sincerelv,

0t53j?? ,:/f'.5 ripr ,,z,a% I-~~c


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May 23, 2009

Supervisor TomRienbeck,As a regular visiter to CapeVincent I am concerned about the impact industrialwind turbines will have on the beautiful landscape of the CapeVincent area.Please think ofthe effect your wind turbines will have on tourism, health ofyourresidents, and environmental issues. Thebird kill can be significant" The lowfrequency noise can negatively affect sleep and, therefore, health. Anindependent, unbiased noise level study including accurate ambient noise levelsis imperative. Currently, in Canada there is a study ofwind turbine effects on thehealth ofpeople who live near them. Perhaps waiting for the results of studieslike this wouldbe important before making any decisions that affect theresidents and visitors to this area. More time is needed to determine whetheror not this type ofproject is safe" It ismy understanding that electricitygenerated fromwind turbines ismore expensive than electricity purchasedthrough National Grid"Whowill purchase this more expensive energy? Thereare somany unanswered questions. It is your responsibility to delay anyfurther decisions about wind power until allhealth, safety and environmentalconcerns are thoroughly investigated and addressed.Tourismmakes a significant contribution to the economy ofCapeV:in.cent.Youmust realize that peoplewill seek other locations to spend their summervacations ifthe beauty ofthis countryside becomes industrial" My family,friends and Ihave already discussed spending our summers in another locationifthis turbine project moves forward.Please donot accept Acetone's SDEISat this time. Please reconsider movingforward with this industrial wind turbine project.Thank you.

Sincerely,~Jl~~ r : : _ , , _Donna Schoeberlein


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May 19,2009

Town of Cape Vincent Supervisor, Tom Rienbeck,Town of Cape Vincent Board Members,Town of Cape Vincent Planning Board Chairperson, Richard Edsall,Town of Cape Vincent Planning Board Members:

Upon hearing of the many health, safety and environmental issues surrounding the Acciona(St Lawrence Wind Farm) wind turbine project, I urge you to impose a moratorium of atle8st12 months to investigate and determine if this project is safe for our town. The issuesof accurate measurement of ambient noise levels, night time noise levels affecting sleep,project effect on our water supplies, shadow flicker effects, migratory bird impact, and thedominant visual impact of 390 foot tall turbines on our landscape need to be resolved.Health, safety, and environmental concerns should be more important than any amount ofmoney to be gained from this project

Thank you.c R ~ Q _ i \0~~_


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May 19, 2009

T ow n of C ape Vincent Supervisor, Tom R ienbeck,Tow n of C ape Vincent Boa rd M em bers,T own o f C ap e V in cen t P la nnin g B oa rd C ha irp erso n, R ic ha rd E ds all,T ow n of C ape V incent Pla nning B oa rd M em bers:

Upon hea rin g o f th e many hea lth , s afe ty a nd env iro nmen ta l is su es surro undin g th e A cc io na(S t La wrence W ind Fa rm ) w ind turbine project, I urge you to im pose a m ora torium of a tle as t 1 2 month s to in ve stig ate a nd dete rm in e if th is project is sa fe for our tow n. The issueso f a ccu ra te m ea su reme nt o f am bie nt n oise le vels, n ig ht tim e n ois e le ve ls a ffe ctin g s le ep ,p ro je ct e ffe ct o n our wa te r s upplie s, s ha dow flic ke r e ffe cts , m ig ra to ry b ird impa ct, a nd th edom ina nt visua l im pa ct of 390 foot ta ll turb ines on our la ndsca pe need to be resolved.H ea lth , s afe ty , a nd e nv iro nmen ta l c on ce rn s s ho uld b e more im po rta nt th an a ny amo un t o fmoney 10b e g ain ed fro 'll-J !:l!ll p ro je ct / III S~ ~

~. ~ ~f.eL/.v~ " 0.. I~ IThank you. ._ __.

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May 19, 2009

Town of Cape Vincent Supervisor, Tom Rienbeck,Town of Cape Vincent Board Members,Town of Cape Vincent Planning Board Chairperson, Richard Edsall,Town of Cape Vincent Planning Board Members:

Upon hearing of the many health, safety and environmental issues surrounding the Acciona(St Lawrence Wind Farm) wind turbine project, I urge you to impose a moratorium of atleast 12 months to investigate and determine if this project is safe for our town. The issuesof accurate measurement of ambient noise levels, night time noise levels affecting sleep,project effect on our water supplies, shadow flicker effects, migratory bird impact, and thedominant visual impact of 390 foot tall turbines on our landscape need to be resolved.Health, safety, and environmental concerns should be more important than any amount ofmoney to be gained from this project

Thank you.QJG~


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May "16 , 2009

T ow n of C ape V incent S upervisor,Town of Ca pe Vincent Boa rd M em bers,C ape V in ce nt P la nn in g Boa rd Cha irp ers on ,C ape V ince nt P la nning B oa rd M embers:

A fter a ttendin g the public hea ring rega rding A cciona 's SDE IS on M a y "16 ,2 009, w e urgeyou to dela y a ccepta nce of the document until m ore complete da ta is collected a nda na lyzed. A m ora torium of a t lea st twelve m onths w ould give our community tim e toin ve stig a te th e very importan t d eta ils s urro undin g th is p ro je ct. The re a re many conce rn sa bo ut h ea lth , s afe ty , a ccu ra te ambie nt n ois e le ve l mea su rement, m ig ra tin g b ird impa ct,sha dow flicker; visua l im pa ct, project effects on w ater supply, a nd decomm ission. It isin cumbent upon you a s our representa tives to obta in a ccura te a nd complete da ta in orderto m ake responsible decisions tha t w ill a ffect our residents a nd visitors for m any yea rs tocome.

Thank you .

Respec tfu lly submi tted ,

R ic ha rd a nd Ka re n W ile y168 W iley P ark D riveCa pe Vincent, N Y 13618


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Supervisor Thomas K. ReinbeckCape Vincent Town BoardCape Vincent, New York 1.3618May 19, 2009Dear Tom:As the elected guardian of health, welfare, safety, and economic structure of all of thepeople in the Town of Cape Vincent, I would like to call to your attention somedisturbing factors that you are responsible for in our near future that will change manyaspects of what life is like here. Why people want to come to reside in this area andremain here are up to the decisions that rest in your control, This is a major role that youare assuming and I hope that you will take into consideration all of the community needsand not just the desires of a few people who are demanding control of our future"I know that you must be aware of the noise level problem, the visible permanentdestruction of the natural beauty of the St. Lawrence Valley, the disturbance of the waterlevel from blasting to secure the industrial structures, the disturbance of the wild lifebreeding grounds and their habitat, the disruption of the TV and wireless transmission,the loss of revenue from tax assessments of real estate, the damage to roads with theheavy, large equipment, and the loss of belief by the majority of the Cape Vincentpopulation in fair minded decisions made by our elected officials, Who is responsible forthe safety factors, repair, maintenance, and removal of the turbines?One factor that I wish you to give some thought to is the problem with the spread ofswallow-wort in our area. Swallow-wort is a toxic plant that has the potential to changethe very composition of our soils. Itcontains toxic substances that are released from theroots. These substances are plant growth inhibitors that prevent the growth of nearbyplants. This interferes with forest regeneration-swallow-wort infested areas becomeswallow-wort deserts only inhabited by swallow-wort itself No insects, birds Of grazersfeed on swallow-wort, Once established swallow-wort infested areas become devoid ofany life. Travel out to Wehle Park and Stoney Point in the Town of Henderson to see theeffects of swallow-wort infestation, No studies have been conducted on how long it takesswallow-wort infested soil to recover from the toxins released by the plant Sinceswallow-wort is a non-native species, there are no natural enemies to keep it undercontroL Once it becomes established in forested areas the only control is to useherbicides, In heavily infested areas it takes at least 3 years of precisely times spraying toeradicate swallow-wortSwallow-wort is a generalist and is able to invade many habitats, but it makes its bestgrowth on the thin, limestone-based soils that are present in the Town of Cape Vincent,The only place swallow-wort will not grow is in standing water. One plant can producethousands of wind borne seeds that germinate quickly and out-compete our native plantspecies. A small area of swallow-wort can expand into a mono-specific standencompassing hundreds of acres in less than 5 years, Once established, swallow-wortcan interfere with the nesting of grassland birds such as bobolink and eastern


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meadowlark Swallow-wort interferes with the life cycle of the Monarch butterfly. Adultfemales lay their eggs on swallow-wort because it is very similar to their natural food,milkweed. The eggs hatch, but the larvae cannot tolerate the tixic substances in swallow-wort and t6hey die,Sensitive persons have developed skin rashes similar to poison ivy after coming incontact with the plant juices of swallow-wort. These rashes require medical attention.Swallow-wort is an invasive plant that needs to be eradicated and unless the spread of itis checked, it will take over large portions of property making the land useless for anykind of agriculture. A grant was received by the Town of Cape Vincent last year toidentify and spray this swallow-wort. The seeds of this plant are spread easily by wind,contaminated foot gear and equipment What evidence do we have to keep this plant frombeing spread by the work that would be done in our Township with the construction ofthe turbines? Will all of the equipment be power washed as they move from site to site?Will the turbines in action spread the seeds? Will the farmers discontinue to plow theirfields which then allows the plant to spread with ease?We look at the visible damage done on Wolfe Island with the construction of the turbinesand we have no desire to get close to them, Is this what you hope will happen to CapeVincent and damage this area forever?Sincerely,V f z t - L l u f I .~~~Ruth and Bob Uhlig


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May 19,2009To Town Planing Board,

After reading over the SDEIS presented by the S1.Lawrence Wind Farm, we find that all studiesseem to be completed in a professional way. All enviromental issues have been addressed. Keepup the good work


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May 12,2009Town of Cape VincentAttention: Town Supervisorr.o. Box 680Cape Vincent, NY 13618Re: Comments on the St Lawrence Wind Farm SDEIS to be made public.Dear Me Rienbeck,WWNY's experience is that windmill farms can disrupt television signals and municipalities should have a solidplan to make sure that free over-the-air TV remains a valuable resource to all citizens now and in the future forlocal news, weather, emergency broadcasts, as well as entertainment programming,WWNY has reviewed the sections which covered television reception within the DEIS and SDEIS. We know StLawrence Wind Farm contracted Comsearch for an analysis of the impact on off-air television reception, but couldnot find a date when this study was conducted, Some data is incorrect or dated (stations in operation, channelnumbers, stations operating digitally etc) and there are a few statements which we would challenge based on ourengineering knowledge and experience.As of February 17,2009 WWNY no longer broadcasts an analog signal. On that date we also switched our digitalbroadcasts from UHF channel 35 to VHF channel 7, It has been our experience that VHF frequencies are moreaffected by turbines than UHF frequencies, and contrary to the conclusion Comsearch makes, digital signals can beaffected by intervening structures We suspect it relates the physical size of the radio wave-length or if a structurereflects our signal. Reflected signals produce a phenomenon called multi-path which with many DTV sets orconverter boxes makes the signal appear weak or missing ..We were pleased to read that if project operations impact existing television coverage SLW would address andresolve each individual problem. This is encouraging since all viewers are important to us. It notes further thatmitigation actions could include adjusting existing antennae, upgrading antenna, or providing cable or satellitesystems to affected households, It needs to be noted that cable is not a viable action for many residents in our ruralarea and the Direct Broadcast Satellite services do not carry local stations Signal interference from windmillswould not make a viewer eligible for a distant-market Network feed from satellite and distant-market feeds do notserve the viewer with local news or emergency broadcasts Distant Network feeds negatively affect WWNY'sability to serve and contribute to the North Country,WWNY has a 55 year history of serving the North Country and we are interesting in serving the area for another 55years ..

Thank you for opportunity to publically state our concerns and relay our experience,

Program Director and Director of FOX Broadcasting120 Arcade St., Watertown, NY 13601 III 315-788-3800 II 315-782-7468 fax

A Division of United Communications Corporationwww.wwnytv.com
http://www.wwnytv.com/http://www.wwnytv.com/


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May 4,2009

Town of Cape VincentTown Board1964 NYSRoute 12ECape Vincent, NY 13618

To Whom It May Concern:I have been advised to document my concerns as to possible compromise of aquifer providing water tospring off of Mason Road as a result of possible blasting for wind turbines footings in the general vicinityof spring, This spring is the sole water source to my home at 33260 Mason Road.Also, if aquifer is compromised and water supply from spring to my home is terminate, or spring watergets tainted with sulfur, what is the plan of the town Cape Vincent to provide water to my home in atimely manner, no more than 24 hours.Please respond to this request, as 1 am very concerned that the possibility of my water supply beingterminated as a result of blasting is of grave concern to me,

J J ; ; ; f ~ / I $ 1 ~Harold A, Henchy r3260 Mason RoadCape Vincent, NY 13601315.654.3047


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David A..PatersoGovernor

New York State Office of Parks,Recreation and Historic PreservationCarol AshCommissioner

The Governor Nelson A. Rockefeller Empire State Plaza Agency Building 1. Albany, New York 12238www nysparks comHon, Thomas K. . Rienbeck

Town SupervisorTown of Cape VincentP.O. Box 680Cape Vincent, NY 13618May 29,2009

RE: S1.Lawrence Wind Energy Project/Town of Cape Vincent/Townof Lyme/Jefferson County

Dear Supervisor Rienbeck:I am writing to provide comments on behalf of the NYS Office of Parks, Recreation andHistoric Preservation ("State Parks") on the proposed action known as the SL LawrenceWind Farm in the Town of Cape Vincent and Town of Lyme, Jefferson County, NewYorkState Parks has reviewed the Supplement Draft Environmental Impact Statement (SDEIS)prepared by the project sponsors, as accepted by the Lead Agency on February 27,2009.Please note these comments do not represent the opinion of the State HistoricPreservation Office (SHPO) of this Agency, which provides separate comment regardingpotential impacts of this project. Please reference the letter from .T ohn Bonafide toBlayne Gunderman of Acciona Energy North American, dated November 18, 2008, forthe most recent of several pieces of correspondence from the SHPO on this project(06PR0671I ). If you need copies of these letters, please contact Mr. Bonafide atJ [email protected] ImpactsAccording to Table 3-27 of the SDEIS for the Proposed St. Lawrence Windpower Project(page 3-137), this project will be visible from three State Parks facilities. These facilitiesinclude:

Cedar Point State Park (in Town of Cape Vincent) (0.8 miles) Burnham Point State Park (in Town of Cape Vincent) (0.5 Miles) Long Point State Park (Town of Lyme) (7.0 miles)

An Equal Opportunity/Affirmative Action Agency o p,mled on ,ocycled pape
mailto:[email protected]:[email protected].


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The combined attendance at these three State Parks facilities has averaged over 100,000people each year over the past five years, These three facilities constitute an importantcomponent of the public recreational amenities in the region and it is quite apparent thatthis proj ect will have an adverse impact on these public facilities,Photo simulations in the S t. Lawrence Wind Energy Project Visual Resource Analysisshow proposed conditions from Burnham Point State, Cedar Point State Park and LongPoint State Parle It is not possible to tell the location where the line-of-sightconfirmations were conducted, We request information on the specific location fromwhich the line-of-sight field confirmations were taken, preferably GPS coordinates, forfurther review. Once we receive this information, we may request additional photosimulations to assist in determining potential impacts,There seems to be an inconsistency in the SDEIS between the photo simulation in FigureA14b, and Table 3-27 Visual Resource Visibility Summary (page 3-137), which indicatesthat the "Actual View" from Cedar Point State Park will be "substantially screened bylocal structures or vegetation," Itwould seem that this should be listed as "Visibilityindicated," Please clarify or provide further information,State Parks also requests further information on the impacts to park patrons of therequired FAA lighting to the nighttime horizon.Avian ImpactsThe SDEIS states that "the number of migrant raptors passing through the project area issignificantly less than established hawk watch sites ... " (page 3-5n However, fall raptormigration rates in the Project Area exceeded those of the Franklin Mountain HawkWatch, the single fall hawk watch site noted by the SDEIS. Given the location of theproject along the northeastem edge of Lake Ontario, large numbers of birds may funnelthrough the Project Area during fall migration. State Parks recommends that post-construction mortality surveys focus particularly on mortality during fall migration. Ifsignificant mortality is observed, consideration should be given to reducing operationsduring peak periods of migration.State Parks endorses the SDEIS proposal to implement "the minimum FAA safetylighting requirements" (page 3-55). Also with regard to lighting, this agency requeststhat the findings within the following two scientific documents be considered duringpreparation of the FEIS: 1) UB, Fish and Wildlife Service, 2003, Interim Guidelines toAvoid and Minimize Wildlife Impacts from Wind Turbines. Wind Turbine SitingWorking Group; and, 2) Longcore, Travis, Catherine Rich and Sidney A Gauthreaux, Jr.2008,

2


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Shadow FlickerThe DEIS states there will be shadow flicker less than 10 Ius/year at Burnham Point StateParle Please provide additional information on impacts associated with shadow flickerincluding the basis for this estimate as well as a focus on impacts to recreationists at theState ParleNoiseTable 1-1 of the DEIS states, "The proposed project would generate noise duringconstruction," State Parks seeks assurances that the project applicant will confer with uson ways to minimize disruptions to park patrons during construction.In closing, State Parks acknowledges the importance of alternative and renewable energysources for sustainability but we also recognize the importance ofthis agency's missionto protect public resources that are so important to the quality of the experience for ourpatrons.State Parks appreciates the work and interest of the Town of Cape Vincent in reviewingthe effects ofthe proposed project, We look forward to a response to our comments onthe DEIS, especially on how to lessen the adverse impacts of this project to State Parkfacilities,Ifthere are any questions, please contact me at [email protected];(518) 486-2484.:homas LyonsDirector

Resource Management

cc, JaCIJ11 A Brilling, NYS Public Service CommissionSteven Tomasik, NYS DECThomas Alworth Deputy Commissioner for Natural Resources ,OPRHPKevin Kieff, Director, Thousand Islands State Park RegionJohn Bonafide, SHPOJeffrey Meyers, Associate Counsel, OPRHPMarcia Kees, Program Coordinator, OPRHP

3
mailto:[email protected];mailto:[email protected];


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5/28/09Town of Cape Vincent% Thomas Rienbeck, Supervisor1964 NYS Route 12ECape Vincent, NY 13618Dear ML Rienbeck,Please accept this letter as my written comment which Imade at the recent supplementalenvirorunental impact study meeting regarding the St Lawrence wind projectIt is my contention that there are various medical conditions that are created by thepresence of wind farms that require mitigation. There was no mention of potentialmedical issues in the original DEIS and Iad mentioned and written about this at the lastmeeting. You and the wind company have chosen to ignore this which Idon't think iscorrect.I t has been demonstrated that the elderly and young children, particularly the school agechild, are adversely affected by noise, low frequency rumbling, and flicker, caused by thetowers. InIegards to the child, those with learning problems are particularly affected"Likewise, the elderly with dementia and other neurological conditions tolerate the aboveside effects poorly. Certain medical conditions can be identified as well. These aremigraine headache sufferers, people with seizure disorders, children with attention deficitdisorders, an d people with mental and learning handicaps,Since you choose to support the placing of the towers in populated areas it behooves youand the company to suggest means of mitigating these issues. A suggested solution wouldbe to:

1, Request the Company to research the above issues2, Agree to mitigate the problem through the site plan review. In this instance

potential neighbors of the planned wind tower be contacted to determine if sucha condition exists. If it does, certain expanded setbacks would be agreed upon toprevent the adverse side effect of the tower(s) from affecting the individual inquestion.

I an1 enclosing a copy of a report on wind turbine syndrome which outlines a variety ofthe medical problems, In addition, I am enclosing the first and summary page of anarticle on vibroacoustic disease which I believe is pertinent to the wind turbine medicalissue. Please feel free to contact me if you would like to discuss this further.Sincerely, Charles Moehs, MD, MPH "/?,, "M, >()EI1C. 2 (( )/'il{/c,t'--~"L '_-'-


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Kirby Mountain: Wind Turbine Syndrome Page 1 of 5

Friday. May 08. 2009Wind Turbine SyndromeWind turbine syndrome (WTS) is a cluster of clinical symptoms first formally identified by Britishphysician Amanda Harry, MD, and subsequently given the name Wind Turbine Syndrome and apathophysiological explanation by New York State behavioral pediatrician Nina Pierpont, MD, PhD.WTS refers to the discrete constellation of symptoms that some ~- not all -- people experience when livingnear wind turbines, symptoms which Pierpont and other clinicians maintain are caused chiefly by turbinelow-frequency noise and vibration and shadow flicker affecting the body's various balance organs,including the utricle and saccule (vestibular organs) of the inner ear. According to Pierpont, people atnotable risk fo r WTS are those with migraine disorder and a history of balance and motion sensitivity(such as car-sickness and sea-sickness).Both Harry and Pierpont have based their research on clinical case series (defined, in medicine, as adescriptive account of a group of individuals with the same new medical conditions), and both have calledfor large-scale government-sponsored epidemiological studies to definitively establish WTS as a full-blown disease state, Until that happens, WTS remains, clinically, merely a syndrome,SymptomsPierpont has identified the following cluster of symptoms among many people living near wind turbines,In Wind Turbine Syndrome" A Report on a Natural Experiment (Santa Fe, NM: K-Selected Books, inpress) she explains how these seemingly disparate symptoms result from turbine low frequency noisescrambling the body's balance, motion, and position sensors,

1 , sleep disturbance2, headacheJ. tinnitus (pronounced "tinn-uh-tus'': ringing or buzzing in the ears)4. ear pressure5, dizziness (a general term that includes vertigo, lightheadedness, sensation of almost fainting, etc.)6. vertigo (clinically, vertigo refers to the sensation of spinning, or the room moving)7. nausea8. visual blurring9. tachycardia (rapid heart rate)10, irritability11, problems with concentration and memory12, panic episodes associated with sensations of internal pulsation Or quivering, which arise while

awake or asleepCase reportsBritish physician DL Amanda Harry, in a February 2007 article titled "Wind Turbines, Noise andHealth" [I], wrote of39 people, including residents of New Zealand and Australia, who suffered from thesounds emitted by wind turbines.Pierpont interviewed 10 families living near large (1.5-3 MW) wind turbines, for a total of 38 people frominfants to age 75. People in these families had noticed that they developed new symptoms after theturbines started turning near their homes, They noticed that when they went away, the symptoms wentaway, and when they came back the symptoms returned. Eight ofthe 10 families eventually moved awayfrom their homes because they were so troubled by the symptoms.Dr, Michael A Nissenbaum, a radiologist at the Northern Maine Medical Center, conducted interviewswith 15 people living near the industrial wind energy facility in Mars Hill, Maine. The purpose oftheinterviews was to investigate and record the health effects on those living within 3,500 feet of industrial-scale turbines.

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Kirby Mountain: Wind Turbine Syndrome Page 20f5

On March 25, 2009, Dr. Nissenbaum presented his preliminary findings before the Maine MedicalAssociation" The data, which he characterized as alarming, suggest the residents are experiencing serioushealth problems related to shadow flicker and noise emissions from the turbines near their homes. Theonset of symptoms, including sleep disturbance, headaches, dizziness, weight changes, possible increasesin blood pressure, as well as increased prescription medication use, all appeared to coincide with the timewhen the turbines were first turned on (December 2006),[2]On April 22,2009, Dr . .Robert McMurtry, former Dean of Medicine of the University of Western Ontario,released a survey conducted on the various wind facilities in Ontario ..Of the 76 respondents in thecommunity-based self-survey, 53 people living neal' different wind power plants reported that industrialwind turbines were having a significant negative impact on their lives" The adverse effects ranged fromheadaches and sleep disturbance to tinnitus (ringing in the ear) and depression.[3]In Japan, more than 70 people living near wind turbines have reported ill health" They include residents inIkata, Ehime Prefecture; Higashi-Izu, Shizuoka Prefecture; Toyohashi, Aichi Prefecture; and Minami-Awaji, Hyogo Prefecture. The Japanese Ministry of the Environment is now studying international datashowing a potential link between wind turbines and health problems in surrounding areas to determine aplan of action for Japan It has also started measuring low-frequency sounds around some wind farms.j-l]Scientific and clinical acceptance and explanationDL Nina Pierpont's report has received peer reviews from the following:

II Professor Robert May, Baron May of Oxford OM AC Kt FRS ..Professor May holds a professorshipjointly at Oxford University and Imperial College, London, and is a Fellow of Merton College,Oxford. President of the Royal Society (2000-05), Chief Scientific Adviser to the UK Governmentand Head of the UK Office of Science and Technology (1995-2000), and member of the UKGovernment's Climate Change Committee (an independent body established by the Climate ChangeBill, to advise on targets and means of achieving them).

II F_Owen Black, MD, Fellow of the American College of Surgeons, Senior Scientist and Director ofNeuro-Otology Research, Legacy Health System, Portland, Oregon ..

II Jerome Haller, MD, Professor of Neurology and Pediatrics (retired 2008), Albany Medical College,Albany, New York ..

II Joel F" Lehrer, MD, Fellow of the American College of Surgeons. Former Professor ofOtolaryngology, Mt. Sinai School of Medicine (NYC), currently Clinical Professor ofOtolaryngology, University of Medicine & Dentistry of New Jersey"

II Ralph V..Katz, DMD, MPH, PhD, Fellow of the American College of Epidemiology, Professor andChair, Department of Epidemiology & Health Promotion, New York University College ofDentistry.

II Henry S..Horn, PhD, Professor of Ecology and Evolutionary Biology, and Associate of thePrinceton Environmental Institute, Princeton University.

II Robert Y:McMurtry, MD, Emeritus Professor and Dean of Medicine & Dentistry, University ofWestern Ontario Schulich School of Medicine. In 1999 McMurtry became the first CameronVisiting Chair at Health Canada -- a post carrying the responsibility for providing policy advice tothe Deputy Minister and Minister of Health for Canada ..McMurtry is the founding Assistant DeputyMinister of the Population and Public Health Branch of Health Canada ..

There are as yet no other reports in published clinical literature linking wind turbines to this set ofsymptoms. Residents of the U.lC, however, presented their experience at the Second International WindTurbine Noise Conference in Lyon, France, September 20-21,2007,,[5] And researchers in Portugalreported at the same conference that the conditions for Vibroacoustic Disease, in which low-frequencyvibrations affect heart and lung tissues, were found in homes near wind energy facilities.Iti]Wind Turbine Syndrome, clarifies Pierpont, is not the same as Vibroacoustic Disease, The proposedmechanisms are different, and the noise amplitudes are probably different as well.

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Kirby Mountain: Wind Turbine Syndrome Page.3 of 5

W ind T urbine S yndro me, acco rding to P ierpo nt, is esse ntially lo w-frequency no ise o r vibration tric kingthe body's balance system into thinking it 's m oving. The process is m ediated by the vestibular system ~- inother w ords, by disturbed sensory input to eyes, inner ears, and stretch and pressure receptors in a varietyo f bo dy lo catio ns, T hese fee d back neuro lo gic ally o nto a person 's sense of position and m otion in space,w hich is in turn connected in m ultiple w ays to brain functions as disparate as spatial m em ory and anxiety.N ew discoveries about the extrem e noise/vibration sensitivity of the vestibular system of the hum an innerear w ere published in Neuroscience Leiters i n 2008 , [7 ]Several lines of evidence suggest that the am plitude (pow er or intensity) of low -frequency noise andvibration needed to create these effects m ay be even low er than the auditory threshold at the sam e lowfrequencie s. I n o thr w ords, it appe ars that e ven low-frequency noise or vibration too w eak to hear can stillstim ulate the hum an vestibular system , opening the door for the sym ptom s that P ierpont has called W indT urbine Syndrom e, There is now direct experim ental evidence of such vestibular sensitivity in norm alhumans,V ibroacoustic D isease, on the other hand, is hypothesized to be caused by direct tissue dam age to avariety o f o rgans, c re ating thickening of suppo rting structures and o ther patho lo gical change s. T hesuspe cted agent is high-am plitude (high po we r o r intensity) low -fre quency no ise. G iven Pie rpo nt'sresearch protocol, her study is unable to dem onstrate w hether w ind turbine exposure causes the types ofpathologies fo und in Vibroacoustic D isease, altho ugh there are sim ilarities that m ay be w orthy o ffurtherc lin ic al in ve stig atio n, e sp ec ially re gard in g asth ma an d lo w er re sp irato ry in fe ctio ns.A gainst this grow ing evidence, the w ind industry insists that no problem exists or that it is so rare as to beof little consequence, The C anadian W ind E nergy A ssociation, for exam ple, cites a set of articles in theJ une 2006 issue of Canadian Acoustician as refutatio n o f serio us health effects fro m w ind turbine noise.B esides the fact that they are not m edical articles, they do not conclude that there is no evidence of healthproblems.js] A lthough the w ind industry denies that w ind turbine noise is intrusive, let alone a healthproblem , it also fights against noise regulations that w ould ensure that to be the case.In the U nited S tates, G eorge K am perm an, IN C E (Institu te of N oise C ontro l Engineering) B oard C ertifiednoise contro l engineer, and Rick J am es, IN C E Full M em ber, have docum ented significantly increasedlevels and the unique character of n oise from industrial-sized w ind turbines, To ensure the W orld H ealthO rganization recommendation of no m ore than 3 0 dB (A ) inside a bedro om and that low -fre quency no isebe lim ited, they recommend that large w ind turbines be sited at least 2 kilom eters from hom es.[9]Sim ilarly, the N oise A ssociation of the U .K . and the French A cadem y of M edicine recommend a distanceof I m ile or 15 kilom eters, respectively.j l O jj l l]This is still an em erging phenom enon, but the evidence is clearly accum ulating in support of D r. Pierpontand others' o bservations o f a clear c linical pattern o f iII effec ts caused by large w ind turbines,References

L H arry, A manda (February 2007) , "W ind Turbines, N oise and H ealth". hnpv/www.wlnd-wa tch. or g/ do cument s!wp. con te nt /u pl oa ds !w t no is e _ heal th _ _2 0 07 _ a _ h ar ry .p df .2 . N issenbaum , M ichael (M arch 2009) . "M ars H ill W ind Turbine Project H ealth Effects -- Prelim inaryFi nd ings". ht t p : //w ww ..w in d-w atc h.o rg / d oe r iments/wp-co ntent/ up load s/ni ss e n baum -rn a r s- hill ..pelL3. "O ntario H ealth S urvey E xpo se s the W ind I ndustry",h rtpv /w in dc on cemsc ntan o ..wordpress.comI2009!04!28/ontario-health-survey-exposes.the-wind-

industry/.4 . " Someth in g in th e W i nd a s My ste ry J 1 1n ess es R ise ". h tt p: //www .a sa hi.c om !e ng li sh /H e ra Jd -

a sa hi/T K Y200 90 2 06 0 05 4 htm 1.5. D avis, J ulian; and D avis, J ane (Septem ber 2007) . "N oise Pollution from W ind Turbines",h tt p.z /www . .wi nd-watch .org / documents /noise-pol lU I i011- f rom-wi nd - t u rbi nes /.6 . A lves-Pereira, M ariana; and C astelo B ranco, N uno (Septem ber 2007). "In-H om e W ind TurbineNo is e i s Con d uc iv e t o V ib ro acous ti c D i se as e" . h tt p: //www .w i nd -wa tc lt .o rg /e lo cumenl s/ in -h ome -wind-turbine-noise-is-conducive-to-vibroacouslic-disease I.7. Todd, N eil; et at (O ctober 17,2008) . "V ibration Sensitivity of the V estibular System ofthe H um an


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Kirby Mountain: Wind Turbme Synurome

I nn er E ar ". h l1 p://d x ..d o i. or g/ l 0 . .10 1 6~ j. nc li le L 20 08 .0 80 I I .8. "D econstructing C anW EA H ealth C laim s".h t tp : //windconcernsonta r io . wordpresscom/2009/04 /24 /deconst ruct ing-canwea -beal th-c la ims! ,9. K am perm an , G eorge; an d J am es, R ick (J uly 2 008 ).. "Simple G uidelines for S itin g W ind T urbines to

P re ve nt H ealth R isk s", http :ll www .w in d-w at ch ..org/documents/slmple-guidel ines-Ior-sii ng-wind-t u rb i ne s- to -pr even t -hea lt h -r is k s/ .]0, ~ ise A ssociatio n, U.K (J uly 2 006 ). "L ocation, L ocatio n, L ocatio n: I nvestig atio n into w in d farm sand no ise" . .h t tp : //www . .wind-wa tch .o rg /documents!wp-conten t /up loads /UKNA-

WindFannReportpdLl l. C houard, C laude-H enri; for the French A cadem y of M edicine (M arch 1 4, 2006) . "R epercussions ofw in d tu rb in e o pe ra tio ns o n h um an h ea lth " ( in F re nc h) . h tt p://www .w in d-wu tc ho rg /c lo cum en ts !w p -content/up!oads/F rAcad Med-eo l i en ne s ..p d LTestimony diaries, letters, and interviews

11 1 Y vo nne S heeh an 's daily diary J anu ary 2 00 811 1 Y vo nne S heeh an 's daily diary 2 008 , Part 211 1 Italian Win dfarm D ia ry!II W in d T ow ers i n Te locase t, OregonIII L ife w ith I nd ustrial W in d T urb in es in W isco nsin: P art 5 , I nterview w ith G erry M eyer, B yron, Fo nddu L ac C o un ty , W isco nsin

III B row nsv ille noise d iary, M arch 3 .2 00 8, to J anu ary 1 6,2 009!II B e C oncerned A bout H ealth Effects from Wind Tu rb in e E ff ec tsIII Daniel d'Entremont letter to C alum et C ou ntyIII R ene Taylo r testim ony to Tow n of U nion (Wise . .) P la nn in g C ommi ss io n A maranth W ind Turbines, N oise and H ealth: B arbara A shbee Interview H elen Fraser Interview -- M elancthon l, Sh el bu rn e, On ta ri o

News reportsII Kriz, K athy (O ctober 12 ,2 006 ). "C ould W ind Turbines B e A H ealth H azard?" .. WH AM ~TV ,http: / /www.13wham.com/news/ local/s tory/Could-Wind- Turbines-Be-A-Health-H a za rd /XvZanNzd ! EG3 3 J kn bOcNvA .c sp x.EI S t.. J a me s, J an et ( Ju ly 29, 2 008 ). "N eigh bors claim w ind turbine m akes th em ill". WFAA-TV .h t tp :/ /www . .w l it a. com/s har edcont ent ldws /w fa a/ js tj umes /s to r ie s!w i i. lu080728_l i_ w lndt u rb i ne s. fb ccezd.hun l.R etr ie ve d o n 2 00 8- 10 -1 0.EI "W in d turbines cause h ealth p ro blem s, residents say". C T V, S eptem ber 2 8, 2 00 B-http://www.ctv.calservlet/ Ar t ic leN ews!sto ry/CTVNews /20080928/windm iI _ sa fe ty _ 0 8 09 28 . .1/ 1 K ee n, J ud y (N ov em be r 3, 2008) . "N eighbors at odds over noise from w ind turbines". U SA Today,http: / /WWW.llsutoday.com/money/ industr ies!energyJ2008-1 1-03-windturbines _N .h tm .III T ilk in, D an (N ov em ber 1 4,2 00 8) .. "W ind farm s: I s there a h idd en h ealth hazard ?" .. KA TU -T Vh t1 p :l lwww ..k u tl l. com /n ew s /3 4 4 69 989 . .htrnl,1/ 1 Takeda, Tsuyoshi (February 6, 2 00 9) . "S om ething in the W in d as M ystery I llnesses R ise". A sah iShimbun, http: / /www.asahi ..com/english/ l !eruld-asahi/TKY200902060054.html.1/ 1 Blaney Flietner, Mau re en .. "G re en B ac klash : T he W in d T urb in e C o ntro ve rsy ". bobvila.com.http: / /www.bobvila .com/How T 0_L ib ra ry /G re en , B ac kl as h T h e _W i nd _ T u rb i n e _Controversy-G reen_B tl il d il 1 g~A3923 . h tmLII N elso n, B ob (M arc h 2, 2 009 ). "W ind farm s: I nterview o f M alone an d J ohn sbu rg residents".Mo rn ing Show , KF IX , h tt p :/ /www,w ind-wa tc !1o rg/ news /2009/ 03102 /w ind- fu rms in t er v iew-of~malone-and-johnsburg-residents/.

III M il ls, E ri n (M ar ch 8, 2 00 9) . " Lo ud as the w ind : W in d to wer neighb ors com plain of n oise fallo ut".E ast O reg on ian . h ttp ://w ww ..e as to re go ni an ..c om /m ain ..asp?Sect ion l fr= I J&SubSect ionID""48&Art ic le !D=89854 .

11 1 M iller, Scott "W ind Turbines D riving People From Their H om es". A -N ew s, C TY G lobe M edia.ht tp: / /www .a tv .c a/wi ng ha rn /n ew s _ 68031.aspx,11 1 Trernontl, A nn a M aria (April 14,2009). "W in d Tu rb in es : Health". T he C urrent, C BC R adio One,http: / /podcasLcbc.ca/mp3/currentdonotusethis_20090414_14279.mp3 .

http://kirbymtn.blogspoLcom/2009/05/wind-turbine-syndrome.html 5/2812009
http://www.13wham.com/news/local/story/Could-Wind-http://www.ctv.calservlet/http://www.llsutoday.com/money/industries!energyJ2008-1http://www.asahi/http://www.bobvila.com/Howhttp://podcaslcbc.ca/mp3/currentdonotusethis_20090414_14279.mp3http://kirbymtn.blogspolcom/2009/05/wind-turbine-syndrome.htmlhttp://kirbymtn.blogspolcom/2009/05/wind-turbine-syndrome.htmlhttp://podcaslcbc.ca/mp3/currentdonotusethis_20090414_14279.mp3http://www.bobvila.com/Howhttp://www.asahi/http://www.llsutoday.com/money/industries!energyJ2008-1http://www.ctv.calservlet/http://www.13wham.com/news/local/story/Could-Wind-


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. . - $ - -

Vibroacoustic DiseaseN.A. A. Castelo Branco! and, M. Alves-Pereira-

I C e n te r f or Human 1 ) .: rj {J r n1Qu cc . Al v er c a. P o r/ li ~ (l l.2New UJ t i~ c r . li lyo fl l :' iboi1 . C'aparir.'tll'arlrl}!,ll1

Vlbrcncoustlc disease (VAD) is a whole-bndy, systemic pathology, chnrncterlzcd hy theabnormal proli fernllon of extra-cel lular matrices, and caused by excessive exposure to lowfrequency noise (LFNl_ VAD has been observed in lFN-cxposed professionals, such as,llirel'MItechnicians. commercial l ind rnliltury pilots an d cabin crewmcmbers, ship mnchinists,res tnumnt workers, and dislt- jocltcys. VAD has 1I1s0 been observed in several populationsexposed to environmcntallFN ..This report summarizes what is known to date on VAD, LFN-ind need pllthology, and relnted issues.In 1987, the first autopsy of a deceased VAD patient was performed, The extent of I.FN-induced damage WIIS overwhelming, lind the inform11tion ohtntned ls, still today, guiding mnnyof the assoclnted lind ongoing research projects, In 1992, 1.FN-cxposcd nnimnl models began10 be studied in order to gnin a decp er Itnowlcdge of how tissues respond 10 this acousticstressor,In both human and anlmnl models, LFN exposure causes thickening of cardiovnscularstructures. Indeed, perfcardial thicltening with no inllnrnmutnry process, l ind in the absence ofdlastnllc dysfunction, is the hallmark of VAD o Depressions, increased irritability linduggressiveness, a tendency for isolation, lind decreased cognitive slIms lire all purt of theclinical picture of VAD. LFN is II demonstrated gcnotmlc ngent, inducing l in increasedfrequency of sister chromatid exchanges in both human lind animal models. The occurrence ofmalignancies among LFN-cxposcd humans, and of metaplastic lind dispillst ic appearnnces inLFN-cxposed un lma ls , c le a rl y corroborates the mutagenic outcome of LFN exposure.The inadequacy of currently estuhlished legislation regarding noise assessments is n powerfulhindrance to scientific advancement, VAD can never be fully recognized !IS an occupationaland cnvlrcnmental pathology unless Ihe IIgcnt of disease - I..FN - is ucknewledged lind properlyevaluated. The worldwide sulTering of I..FN-cxposed lndlvlduals is staggering and it isunethlcal to maintaln tbis status quo..Ke ywo rd s: c a rd io v as cu la r thickening, echocardiography, respiratory drive, tumours. extra-cellularmatr ix, l ol l' f r eq u en cy n oi se

I- r -

Introductionfor the past two millennia, acoustic events havebeen associated w i th h ea ri ng impairment Withinthe past 20 0 years. human civil ization ha s beenan ever-increasing source of acoustic energy, onpar only with the amount of light that isproduced on our planet However, unlikeelectromagnetic radiation, where differentfrequenc les arc known to produce differenthealth hazards. with acoustic energy no suchinformation is available Despite the substantialbody of evidence indicating that acousticphenomena impinges on more thanjust the CUt.

"noise' continues to be assessed based on th eassumption that only what the individual hears ish arm fu l (Al ve s- Pe re ir a and Castelo Branco,1999) The impl ication that an agent of diseaseha s to be perceived tobe harmful is ludicrous: x-rays, for example, ar c not perceived by humans,but arc. nevertheless, a Iully recognized healthhazardIn 1928, 1aird published one of the first studieson the physiological effects of noise on typists(Laird, 1928). and since then, vast amounts of

Noise & Health 2004,6. 23 . 3~20

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May 27,2009Mr. Reinbeck, I would like to preface my remarks about the St. Lawrence Wind SDEIS by

stating that I protest this ongoing SEQR process. A majority of the planning board, which Ibelieve illegally voted itself lead agency for this process, have prohibitive conflicts of interestwhich you refuse to acknowledge or seek an authoritative decision on in the best interest ofthis community. By voting to accept this SDEIS and the preceding DEIS under this conflictedstatus they have jeopardized the validity of this entire process. It is unethical for you to expecthe citizens of Cape Vincent to participate in this sham, knowing that if we don't we run therisk of not having our concerns voiced. I am thoroughly disappointed in the conduct of yourgovernment from the very beginning of this matter and want to be on record as making myfollowing comments under protest.

In the section labeled Proposed Action the claim is made that local air qualitywill be improved and that as a result of displacing fossil-fueled electricity, long term health othe environment will be improved. There is considerable evidence that this claim is not true.In many cases the existing plants that provide electricity at a much higher efficiency level donot shut down when wind generated power is being substituted, they merely redirect theirenergy source so it is available to ramp up when the wind stops blowing. This does not resultin the claimed reduction of air pollutants. Since SLW uses this claim multiple timesthroughout this study as a mitigating factor for numerous negative impacts (which in itself iscontradiction of terms, since it does not actually lessen the impact of anything),nontheless it itheir responsibility to provide much more extensive proof to support it. The air quality inCape Vincent and the surrounding area is very good with the exception of the emissions fromseveral modernized farms that utilize manure storage systems. This is one of the positivefeatures that attract people to this and other rural areas-the fact that it is relatively unaffectedby industrial pollution as compared to more urban areas. To imply that an unsubstantiated ancontradicted improvement in air quality is an acceptable mitigating factor for the resultingnegative visual pollution of 53 -400ft tall wind turbines is simply not logical. In fact it is aninsult to anyone with an objective or scientific approach to this issue, Our zoning lawspecifies that if any deleterious effect cannot be mitigated then the subsequent site plan reviewmust be disapproved. In the case of the visual impact of this project, this report goes to greatlengths to identify all the potential viewpoints ,describing them in detail. However in the endthe report admits it is inescapable that these turbines will greatly affect the natural beauty ofthe landscape in the entire field of this project and for miles around to a degree that cannot bemitigated. The only justification it offers is the above mentioned air quality improvement andthe contribution to the renewable energy effort. Considering the obvious importance of naturabeauty to this area((The 1000islands) this issue alone should be criteria enough for notaccepting this report and or not allowing industrial wind turbines in Cape Vincent .In section 3.5.2.1, this report states that this project is compliant with all town zoningand land use regulations. This is simply not true. The Joint Town and VillageComprehensive Plan adopted in 2003 is the master plan that guides all land use laws in Cape


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Vincent. In section 3.5"13. this report states that after site plan review and any additionalreasonable conditions are met that permits could then be issued. How is it possible that SLWand the Town Planning Board refuse to consider the Comprehensive Plan as a reasonablecondition when it is authorized by NY State Town Law, which states all other laws must be icompliance with it. The Cornp.Plan states that one of its goals is to encourage developmentthat minimizes any negative impact on the natural vistas and scenic landscape. This is incomplete contradiction to the claim SLW makes that this project complies with all land useregulations by its own admission that it cannot mitigate the visual impact of these turbines.This would seem to any objective person to be an irreconcilable contradiction.

In section 3.5.1.3 this report states that turbine locations and other project componentswill conform to setbacks and standards required by the Town Planning Board in response topublic comments on the SLW DEIS. These setbacks and standards are not legitimate validatedcriteria for site plan review. According to Cape Vincent Town Lawall zoning criteria must blegislated by the Town Board. Stipulating that these standards must be conformed to is anillegal attempt to circumvent the proscribed legislative process and cannot be allowed to guidthe SEQR process. The planning board must not allow this, since these criteria would not holdup to a challenge by either the developer or a dissenting landowner.

I understand the noise issue will be discussed on a technical level by various experts,however I must include my own observations about the sound study conducted by Mr. Hesslefor SLW. Having had some prior experience with scientific data collection, I cannot believethe methodology used in this study would hold up to any scrutiny, Firstly, if your goal isdetermine whether there will be significantly excessive noise to require mitigation for a non-participating landowner, you would not place five of six monitors in the barnyards ofparticipating landowners. You would place them nearby the non-participating landowner'sresidence or property line, whichever is to be the benchmark for your criteria. The ambientnoise near any farm is obviously going to be higher than that of property a distance away froma farm. You don't need to be a scientist to know that, just any person who has ever lived in thcountry. This data is useless for several other reasons, including, the equipment used to collecthe data was not suitable for severe winter whether and didn't provide a statistically adequatepercentage of raw data, Most of the participating leaseholders don't care how much noisethey are exposed to so the data that was collected is irrelevant to the studies purpose. Otherindependent studies have indicated an ambient sound level of25-30dba at nighttime comparedto 47dba determined by Hessler. It is logical to assume this large disparity is due to theinappropriate methodology used. I reside approx. Y z mile from a nearby working farm and onquiet nights I can hear sounds from the farm in my house. I can only imagine how much thiswould distort an ambient sound test for my property conducted in that barnyard, The fact thatthe monitor designed to test for low frequency sound did not function thereby not providingany conclusions as to the significance of this effect is a blatant failure and shortcoming of thisreport. I cannot see how in any conceivable way the planning board could accept this study asa final word on the sound issue.


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My final comment concerns the complaint resolution process proscribed by SLW. It isobvious that even though they go to great lengths to detail every impact and describe what theyconsider a suitable mitigation for each impact, they are certain that the criteria suggested to sitethis project are inadequate to the extent that it will require a sophisticated and complex complaintresolution process to deal with noncompliance. I believe it is inherent in the biased unwillingnessof the Town Board and Planning Board to significantly restrict this development that will lead tothis compliance nightmare. The final insult to the residents of Cape Vincent is the proposedmakeup of SLW' s resolution board. If it is true that we require resolution beyond what theZoning Board of Appeals can provide then the process should not be determined by the developeand certainly not controlled by them to the extent they propose. A resolution board should bedesigned and controlled by members of the community just as any zoning regulations should beThis is another blatant attempt by this developer to wrest control of this entire process from thehands of this community and another example of how our government is enabling them to do so.If this Supplemental Study is approved by this Planning Board Itwill do nothing but illuminatethe severity of the bias produced by the conflicts of interest prevalent in this government. Isincerely hope you will consider the ramifications of approving this document and instead willeither ask for another Supplemental Review or halt the process until this community can resolvesome of these issues for ourselves.

David LaMora .35530 NYrt12e Cape Vincent/ 1 ; ; J\ - I / o ' - / ) ) 7c,~J_~A_."';" \.L_,-l-C / ~/ c~(


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DevelopmentAuthority~~NorthCountry

O ~ l k l \ Io l e o l l i " B . il di ng j l] W O l h i~ i jl 'n IlIe,ll"ile 4 14 W O I . , l o .n ! l e w Y o ,k 1 3 60 1 1 ,l e p~ o n' I J 15 1 ] 81 m 3 1 ,1 ,[ 0 . ( 3 15 17 85 2 59 1 T O D ( 8 00 ) 6 61W e tc r a nd W a st c w o lc r F m il i t i c sl ' I o r n e m P u m p S i a l i o n2 3 5 5 7 1 1 Y 5 R o u l e 37W o t e rl o w n, N e w Y o rk 1 36 01I e l e p h c n n ( 31 5 ) 7 8 2 86 6 1I el e ln x ( 31 5 ) 7 8 6 29 7 1E m e r ge n cy T e le p ho n e ( 3 1 5 ) 7 8 6 - 4 0 0 0

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April 9, 2009

Mr..Thomas RienbeckSupervisor, Town of Cape VincentP O. Box 680Cape Vincent, New York 13618Re: Sf. Lawrence Wind Farm Supplemental EISDear Tom.

I have reviewed the Supplemental Draft Environmental Impact Statement submitted byAcciona for the St. Lawrence Wind Farm, and have the following comments ..

The Acciona Supplemental DEIS makes reference to their planned transmission line inthe abandoned New York Central Railroad corridor As you know, the Development Authority'sWestern Jefferson Regional Water Line is installed in the former railroad corridor, and theAuthority has easements from all of the affected property owners along that route Theeasements:

Allow the Authority to build and maintain one or more water lines, no otheruses by the Authority are permitted Allow the grantor of the easement to use the easement lands, but specificallyprohibits them from building any permanent structure on, over, or under the

Authority's permanent easement Do not provide for transfer of the easement rights to another party

These are substantial legal issues that must be thoroughly reviewed prior to anydetermination of the proposed transmission lines route It is neither a simple decision, nor asafe assumption for Acciona to develop plans for the electric transmission line that compromisethe Authority's easement

The Development Authority has twice notified Acciona of this matter - first at a publicmeeting in Cape Vincent in the summer of 2008, and second, during a meeting with Accionarepresentative, Peter Zedick, at the Authority offices on September 22, 2008 At the Septembermeeting, we reviewed our concerns about the legal restrictions contained in our easements Inaddition, we asked Acciona for the following:

.. National Electric Safety Code requirements for construction of an electrictransmission line in close proximity to a water transmission line

.. Plans for the proposed transmission line within our easement area

.. Planned pole placement within our easement area

W e '10 DO , qu o l'p p " lv ni ly p "v id H o ~ d , m pl o y ,' ( ,m p !, in ll o f d iw i m i. , li o. ,n,.ld b . " .1 1 , ; U S D A .O i lO , 10 1 .Oll i" , I ( j, il R i g h l lc 1 4 0 0 t,depend"" A v o . S W W 'l h i ' g l .n . D ( 1 0 2 5 0 N10." , ,1 1 18 0 01 1 9 5 3 1 72 I ., i[ .) , ,{ 2 02 ) m6JB2 { l O


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St Lawrence Wind Farm Supplemental EISPage 2April 9, 2009

II A list of easements they claim to have secured, by tax parcel numberTo date, we have received none of the information requested

The Authority recognizes the potential impacts this project holds for the town However,we cannot clarify our position on the project until the critical issues of our property rights andobligations, and the operational requirements of the Regional Water Line, are addressed

We have made every effort to be cooperative, but do not view Acciona as reciprocatingConsequently, we are taking this opportunity to ensure tile town is aware of these unresolvedissues.

Please call me if you have any questions regarding our position on this matter

JWW/jty

st.lawrence wind sdeis public comment letters4 of 5

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