Alexander B. Grannis
Commissioner DEC
February 29, 2008
Mr. Richard Edsall, Chairman
Town of Cape Vincent Planning Board
1964 NYS Route 12 E
PO Box 680
Cape Vincent, New York 13618
Re: State Environmental Quality Review (SEQR)
Cape Vincent Wind Power Project
BP Alternative Energy
Towns of Cape Vincent and Lyme, Jefferson County
Dear Mr. Edsall:
The New York State Department of Environmental Conservation (DEC) has reviewed the Draft Environmental Impact Statement (DEIS) for the proposed Cape Vincent Wind Power Project, Towns of Cape Vincent & Lyme, Jefferson County, New York, December 7, 2007, prepared by Environmental Resources Management (ERM). The project sponsor, BP Alternative Energy, proposes construction and operation of an approximately 210 megawatt (MW) wind power project consisting of up to 140 wind turbines with a nameplate capacity of 1.5 MW to 2.5 MW, construction of approximately 18 miles of gravel access roads, installation of 18 miles of electric collection line, construction of an operations & maintenance (O&M) center on a 5-acre site, construction of a collection substation on a 3-acre site, and a 115kV transmission line to the existing electrical substation in the Town of Lyme. The project includes 2-3 meteorological (met) towers to be spaced across the project area, and temporary ancillary construction facilities, including two concrete batch plants, and cleared areas for equipment laydown, construction parking and construction management trailers.
DEC’s review of the DEIS has found serious deficiencies in terms of the proposed project scope, location of proposed project components, characterization of natural resources in the project development area, assessment of potential environmental impacts, and discussion of mitigation options. Additionally, the intention to defer, completion of the proposed project layout, basic resource studies and other developmental plans until the final environmental impact statement (FEIS), or later, limits meaningful review and comment on the proposed action by involved agencies and the public, it does not allow for a full public discussion of reasonable alternatives review of the DEIS shows that at least 21 plans, studies or reports necessary to adequately assess the potential environmental impacts of the project have been deferred to the FEIS or later. Several of these are important for DEC's consideration of permit applications that are anticipated to be required for construction of the project. These include a detailed map of the turbine array and projects components, turbine specifications, wetland delineations, transportation study and routing plan, final visual analysis, archaeology and architectural surveys, Indiana bat survey, Blandings turtle trapping study, storm water and erosion control plans, including a survey of karst features, and it environmental monitoring plan. Further, the DEIS does not anticipate that a number of items recommended by the DEC in comments on the draft public scoping document will be discussed even in the FEIS, including source location(s) for aggregate materials, environmental restoration plan, and operations and maintenance plan, a compensatory wetland mitigation plan, and invasive species control plan, or a plan for offsets to impacts to visual and historic resources.
DEC strongly recommends that a supplemental DEIS (SDEIS) be prepared to include more complete data pertaining to these resources, in order that involved agencies and the public have the opportunity to comment on potential impacts to these resources. As an involved agency under the state environmental quality review (SEQR),DEC must make findings based on the record in the FEIS prior to approval of any agency permits that may be required for project construction. A complete EIS record is critical to the DC, and without it the department will have a limited ability to make the required findings as an involved agency.
DEC provided comments on the DEIS Draft Scoping Document, dated August 13, 2007 in a letter to the planning board dated September 14, 2007. The draft scoping document proposed the EIS process " will take place in two phases. In the first phase, wider core doors of potential impact throughout the project will be studied" and" will be presented in the draft EIS." Then, following a" more detailed turbine plan which will specify the final placement of turbans, roads, a substation, electrical interconnects, transmission line, and a permanent maintenance facility… A revised draft EIS will be prepared…" (draft scoping document, page 2). In comments on the draft scoping document, DEC stated that," SEQR regulations at 617.9(a)(7) provided existing process for the lead agency to require a supplemental EIS, subject to the full set of procedural requirements for the DEIS" in order to ensure that all phases of the DEIS process allow for ample review by involved agencies and the public,DEC further recommended that"… A formal scoping process be conducted again prior to preparation of a SDEIS, in order that the full range of issues of concern to involved and interested parties can be addressed." DEC is disappointed that the final public scoping document, dated October 8, 2007, fails to include the “revised" DEIS, and defaults to a schedule that defers a full discussion of project details and potential impacts to the FEIS.
