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NY ~DEPT ~ PSC~ comments on Cape Vincent DEIS BP Alternative Energy Wind Project

NY ~DEPT ~ PSC~ comments on Cape Vincent DEIS BP Alternative Energy Wind Project

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Published by pandorasboxofrocks
New York State Department of PublicService Comments on Draft Environmental Impact Statement.
Cape Vincent Wind Power Project
February 28, 2008
New York State Department of PublicService Comments on Draft Environmental Impact Statement.
Cape Vincent Wind Power Project
February 28, 2008

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Published by: pandorasboxofrocks on Dec 18, 2010
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12/10/2012

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STATE OF
NEW YORK DEPARTMENT OF PUBLIC SERVICE
THREE
 
EMPIRE STATE PLAZA, ALBANY, NY 12223-1350
Internet Address:http://www.dps.state.ny.us
PUBLIC SERVICE COMMISSION
 
GARRYA.BROWN PETER McGOWAN
Chairman Acting General Counsel 
 PATRICIAL.ACAMPORAMAUREEN F. HARRIS JACLYN A.BRILLINGROBERTE.CURRYJR
.
Secretary 
CHERYL A.BULEY
Commissioners
February 28, 2008
 
Richard J. Edsall, ChairmanTown Planning BoardTown of Cape Vincent1964 NYS Route 12 EPO Box 680Cape Vincent, New York 13618Re: SEQRA Draft EISTown of Cape Vincent, Jefferson CountyBP Alternative Energy Wind ProjectDear Mr. Edsall:The Department of Public Service (DPS) has reviewed the Draft Environmental Impact Statement(DEIS) for the BP Cape Vincent Wind Energy Project, as accepted and issued for comment by the Townof Cape Vincent Planning Board. The DEIS for the application by BP Alternative Energy North AmericaInc., (BP) to develop a 210 megawatt (MW) wind energy project in the Towns of Cape Vincent and Lyme,Jefferson County is insufficient to document the potential environmental impacts of the proposedproject.The DEIS is essentially a status report, listing many studies to be prepared and analyses to bedeveloped in the future. Rather than providing the studies and information identified in the ScopingDocument, the DEIS instead relies on documents to be presented in a future Final Environmental ImpactStatement. The DEIS does not provide the relevant and material facts upon which decisions are to bemade. Such information is critical for adequate public review and comment, and for the identificationand consideration of reasonable alternatives and reasonable mitigation measures.
 
The DEIS does not comport with the Scoping document, which was intended to guide thecontents and methodologies of various studies to be undertaken in development and reporting of theDEIS. At this point, DPS recommends that the Lead Agency direct the project developer to proceed withdevelopment of significant efforts to develop a Supplemental DEIS which must:1. Identify specific project component locations, including turbine sites, interconnection facilities,access roads, substations, operations and maintenance facilities, any permanent meteorological towersites, and any other equipment essential to operation of the proposed project; locations of temporaryfacilities, such as concrete batch plants and construction yards should also be assessed;2. Provide detailed analysis of the potential impacts, positive and negative, of the proposedproject;3. Provide analysis of alternative project layouts and scales, and identify the project layout whichavoids or minimizes environmental impacts to the maximum extent practicable;4. Identify potential mitigation measures to minimize relevant impacts.The Supplemental DEIS must address the scoping document requirements, and should specificallyprovide additional documentation, as requested in prior correspondence including DPS consent to theTown acting as Lead Agency, dated January 12, 2007; and DPS Comments on Draft Scoping Documentdated September 12, 2007. (Those documents are attached for your information.) The Supplementmust include all the information required by the State Environmental Quality Review Act regulations (6NYCRR part 617.9) and specifically include an evaluation of consistency with applicable coastal zonepolicies contained in 19 NYCRR 600.5; and an analysis of cultural resources in the project area of potential effect, and potential impacts of the project on those resources and evaluation of alternativesand reasonable mitigation measures to avoid or minimize those impacts.DPS acknowledges that the process of analyzing a major project such as the proposed wind powerprojects within the Town of Cape Vincent is in itself a major undertaking for the project developer toproduce, and for the Lead Agency to analyze and review. Further, the need to provide information tothe public during a lengthy development process is an important responsibility of both. The acceptanceand publication of a DEIS is not, however, the appropriate mechanism for conveying a status report onon-going studies.

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