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STATE OF MAINEDepartment of Environmental Protection
JOHN ELIAS
 
BALDACCI
Beth A, Nagusky
GOVERNOR ACTING COMMISSIONER
A
UGUSTA
 17
 
S
TATE
H
OUSE
S
TATION
 B
ANGOR 
P
ORTLAND
 P
RESQUE
I
SLE
 A
UGUSTA
,
 
M
AINE
04333-0017 106
 
H
OGAN
R 
OAD
312
 
C
ANCO
R 
OAD
 1235
 
C
ENTRAL
D
RIVE
,
 
S
KYWAY
P
ARK 
 (207)
 
287-7688
 
F
AX
:
 
(207)
 
287-7826 B
ANGOR 
ME
 
04401 P
ORTLAND
,
 
M
AINE
04103 P
RESQUE
I
SLE
,
 
M
AINE
04769-2094 R 
AY
B
LDG
.,
 
H
OSPITAL
S
T
(207-941-4570
 
F
AX
207-941-4584 (207)
 
822-6300
 
F
AX
:
 
(207)
 
822-6303
 
(207)
 
764-0477
 
F
AX
:
 
(207)
 
764-3143 
WEB SITE
:
WWW
.
MAINE
.
GOV
/
DEP
 
Certified Mail #: 7007 0710 0003 3085 8458
 November 23, 2010Fox Islands Wind, LLCc/o Mr. George Baker 66 Main StreetVinalhaven, ME 04863
Re: DLRR Request for a Revised Operation Protocol, Fox Islands Wind, LLC, Department Order# L-24564-ES-A-N;
Dear Mr. Baker:On July 23, 2010 the Department received a complaint alleging that the Fox Islands Wind, LLC wind power facility in Vinalhaven, Maine had failed to comply with the terms and conditions of the small-scalewind energy facility certification issued in Department Order #L-24564-ES-A-N on June 5, 2009. Thecomplaint alleged that the facility was operating out of compliance with the 45 dBA nighttime noisestandard set forth in department regulations and permit conditions during a nighttime period on both July17, 2010 and July 18, 2010.The Department has reviewed the complaint in accordance with the noise complaint protocol, which wasagreed to by the permit holder, and Department regulations governing noise Chapter (375 § 10). Basedon this review, the Department has determined that during the time period between 11 p.m. and 12:10a.m. on July 17, 2010 and July 18, 2010, at a minimum, the Fox Island Wind facility was operating with asound power output of 47 dBA. The Department’s analysis confirms that, as required by the terms andconditions of the permit, the conditions that existed during this time period were most favorable for sound propagation and maximum amplitude modulation, and therefore were optimal for determining windturbine sound. Further analysis of the operational, sound, and meteorological data collected during thecomplaint period, as well as other data collected during the period of May 1, 2010 to August 31, 2010,indicate that, at current operation levels, the facility is likely to exceed the required sound compliancelevel of 45 dBA when there is significant vertical and directional wind shear.
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