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Edsall~AFFIDAVIT

Edsall~AFFIDAVIT

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Published by pandorasboxofrocks
AFFIDAVIT OF
RICHARD EDSALL
AFFIDAVIT OF
RICHARD EDSALL

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Published by: pandorasboxofrocks on Dec 24, 2010
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12/24/2010

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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF JEFFERSONWIND POWER ETHICS GROUP,
Petitioner-Plaintiff,
FFIDAVIT OF
RICHARD EDSALL
- against -
PLANNING BOARD OF THE
TOWN OF CAPE VINCENT, andRICHARD EDSALL, TOM RIENBECK,GEORGE MINGLE, ANDREW BINSLEY, andKAREN BOURCY, in their capacities asplanning board members,Respondents-Defendants, andST. LAWRENCE WINPOWER, LLC,
Respondent-Defendant.
Index No. 10-2882RJI No. 22-10-0990State of New York
) ss:
County of Jefferson
RICHARD J. EDSALL being duly sworn, deposes and says:
1.
I am the Chairman of Respondent Town of Cape Vincent Planning Board
("Planning Board"), and have served as the Planning Board's Chairman since 1999.2.
As Chairman, I am presiding over the Planning Board's review of the site plan
application submitted by St. Lawrence Windpower, LLC ("St. Lawrence") for a wind farm (the
"Project"), including the recently completed review pursuant to the State Environmental Quality
Review Act ("SEQRA").
 
3.
As such, I am fully familiar with the facts and circumstances surrounding the
above captioned proceeding.
4.
I submit this affidavit in support of the Planning Board's Verified Answer and inopposition to the Verified Petition by Wind Power Ethics Group ("WPEG" and/or "Petitioner"),which seeks to set aside the Planning Board's Final Environmental Impact Statement ("FEIS")
and SEQRA findings statement on the ground that the Planning Board failed to comply with
certain procedural and substantive obligations under SEQRA.
5.
As set forth below, and as demonstrated by the administrative record underlying
this proceeding, the Planning Board has fully satisfied SEQRA's procedural and substantive
mandates. Accordingly, I respectfully request that the Court dismiss Petitioners' Verified
Petition in its entirety.
Project Description
6.St. Lawrence filed its initial site plan application for the Project with the Town in
2006. As initially proposed, the Project consisted of a wind-powered electrical-generating
facility with up to 96 turbine locations and a total capacity of approximately 136 megawatts
(MW), to be located in the Towns of Cape Vincent and Lyme, Jefferson County.
7.
All of the turbines, temporary construction laydown area(s), access roads,
underground interconnect lines, operations and maintenance building, meteorological towers, an
electrical substation and other components would be located in the Town of Cape Vincent;whereas, most of the overhead electrical transmission line would be located in the Town of
Lyme and connected to the existing transmission grid substation located there.
 
8.
Based on the size range of potential units, the maximum blade-tip height was
estimated to be 425 feet and the rotor width (diameter) estimated to be 300 feet (per the 3.0 MW
turbine blades).
9.
The Project also included the construction of approximately 29 miles of gravel
access roads, 44 miles of underground interconnect cables, an electrical substation, and anoperations and maintenance building. An approximately 9 mile long (34.5 kV to 115 kV)
overhead transmission line would be constructed to connect the Project with the existing
transmission grid and electrical substation in the Town of Lyme.
10.
Once operational, the Project will become a significant source of renewable
energy to the New York power grid, facilitating compliance with the New York State PublicService Commission Order 03-E-0188, issued on September 24, 2004, which created the New
York State Retail Renewable Portfolio Standard (RPS).
11.
The purpose of the RPS is to increase the proportion of electricity from renewableenergy sources in New York State to 25 percent by the end of 2013.
12.
The Project also supports several objectives identified in the 2002 State Energy
Plan, including the creation of economic growth, energy diversity, and a cleaner and healthier
environment.
13.
The benefits of the proposed Project also include significant positive air quality
impacts. By eliminating pollutants and greenhouse gases during the production of electricity, the
Project will benefit ecological and water resources, as well as human health.
14.
Specifically, the Project is estimated to result in annual reductions of
approximately
138 tons
of nitrogen oxides, 391 tons of sulfur dioxide, and substantial
quantities
of other pollutants including particulate matter, carbon monoxide, and volatile organic

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