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Ew York State Board On EW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT ----------------------------------------------------------------- x : In the Matter of: : : Application of Alle-Catt Wind Energy LLC for a : Case 17-F-0282 Certificate of Environmental Compatibility and Public : Need Pursuant to Article 10 for a Proposed Wind Energy : Project, Located in Allegany, Cattaraugus, and : Wyoming Counties, New York, in the Towns of Arcade, : Centerville, Farmersville, Freedom, and Rushford. : : ------------------------------------------------------------------- x ALLE-CATT WIND LLC RESPONSE TO CCC-1 INTERROGATORY/DOCUMENT REQUEST CCC-1: Environmental Justice (Coalition of Concerned Citizens – Gary Abraham) 1. Please describe any efforts made by the Applicant or its agents to identify the Old Order Amish of Farmersville, also known as Schwartzentruber Amish, as a discrete religious minority. Include any effort to draw the boundaries of the Schwartzentruber Amish community. RESPONSE: The request assumes facts which ACWE cannot not verify. Although “Old Order Amish of Farmersville” and “Schwartzentruber Amish” appear to be formal designations, ACWE personnel are familiar with those designations as they apply to the area in which the Project will be located only by word of mouth and in casual use in the Project’s communities. On information and belief, ACWE understands Old Order Amish to refer to a broad group of Amish residing in a number of states in the country and “Schwartzentruber” to a sub-group of Old Order Amish, also residing in a number of states, resulting from a schism within the Old Order Amish that occurred in the early twentieth century. ACWE has no knowledge of whether or how these designations apply specifically to the Amish in this area. ACWE requests neither the religious affiliation nor the religious sect affiliation in ACWE’s contacts with community residents. ACWE has met with individuals and groups whom ACWE personnel has assumed to be Amish by certain characteristics such as surnames, dress and mode of transportation traditionally associated with the Amish. As a result of those contacts and in an effort to understand the extent of their communities, ACWE prepared the attached map depicting properties identified as Amish-owned by owner surnames, style of dress and mode of transportation using the designations “Centerville Amish” and “Schwartzentruber Amish” to distinguish between the properties in Centerville and Farmersville. 2. Please describe any efforts made by the Applicant or its agents to compare the Old Order Amish of Farmersville to other Schwartzentruber communities outside the Project Area. RESPONSE: See response to item 1. ACWE has not undertaken “to compare” different communities whether within or outside the Project Area. 3. Please describe any efforts made by the Applicant to meet with elders of the Old Order Amish of Farmersville, and to otherwise encourage members of this community to learn about Alle-Catt project proposal. RESPONSE: When publishing Project notifications, ACWE used a variety of media to ensure all community members were made aware of the Project, including direct mailing, newspaper publications, as well as providing printed copies of project documents at eight different community locations through the Project Area. In addition, ACWE has had several discussions with Amish landowners about possible participation in the Project. During the summer of 2016 an ACWE representative met multiple times with five Amish owners of Farmersville property to discuss potential wind leases. The owners considered the proposals for approximately three months, and one indicated he was ready to sign. However, before the one owner signed, one of the other owners informed ACWE that their bishop had decided they should not host wind turbines on their property. He observed that they would participate if the object of the request were an oil or gas lease. During later winter 2016 and spring 2017, ACWE approached one of the owners about possibly entering into a setback agreement. As part of this effort, ACWE shared maps and other information. After careful consideration, the owner stated that he and the other families would not be signing any agreements. ACWE has honored this decision by no longer approaching presumed the Amish residents in Farmersville with proposals for agreements. The Amish landowners in Centerville have taken a different approach. ACWE and another earlier wind developer, RES, approached fourteen Amish families that own land in the town of Centerville. In all cases, the families decided to sign wind leases, and they are now participants in the ACWE project. In addition, on October 17, 2018, two members of the ACWE development team met with five men we understood to be members of the Amish community in Farmersville in a farm building on one of their properties in Farmersville to provide general information about the Project. During the meeting, ACWE provided information and answered questions about the Project and its wind turbines and their impacts on farming, schools, and traffic. Members of the Amish community were present at a wind energy information meeting held in the Farmersville Fire Hall in July 2018. They also attended a meeting of the Cattaraugus County legislature in August 2018 where wind energy was a main topic of discussion. 4. Please provide an evaluation of burdens that may result from the project proposal on the Old Order Amish of Farmersville, including 1) impacts on the community’s viewshed; 2) construction related traffic impacts; 3) safety from ice and debris that may be thrown from operating wind turbines; and 4) noise impacts. RESPONSE: The Article 10 Application thoroughly addresses any anticipated Project impacts and recommends mitigation or avoidance measures to minimize any effects on the local community. Because the Amish of Farmersville are part of this local community, the Application’s evaluation of impacts provides relevant information associated with visual impacts, construction traffic, ice throw (and safety), and noise impacts. These can be found in the following Exhibits and Appendices: a) Viewshed: Exhibit 24 – Visual Impacts, and Appendix 24a – Visual Impact Assessment Report. b) Traffic Impacts (Construction and Operation): Exhibit 25 – Effect on Transportation and Appendix 25b – Local Road Survey. c) Ice Throw (Safety): Exhibit 15 – Public Health and Safety (Section 15.e for ice throw) d) Noise Impacts: Exhibit 19 – Noise and Vibration, and Appendix 19 – Pre-Construction Noise Impact Assessment. 5. Please provide answers to the three questions posed to EDR in a letter from the Town of Farmersville dated May 9, 2018 and attached here. [for convenience, each of the questions is repeated below] RESPONSE: 1) The impact of the towers and the shadow flicker that results on the view shed of residents that live in Farmersville because of the rural, unspoiled scenic character of the community; 2) The impact of the towers and the shadow flicker that results on residents of the Town with autistic children; and 3) The impact of the towers and the shadow flicker that results on residents who suffer from clinically diagnosed depression. The responses below do not endorse the accuracy of the qualifications and facts asserted in the questions. The Visual Impact Assessment included with the Article 10 Application (appendix 24.a) analyzes the potential visual effects of the public within a 10-mile study area of the Facility. Visual simulations were developed for the Facility that represented a variety of landscape types (forest, rural residential/agriculture, village/hamlet, waterfront/open water), distance zones (foreground, mid-ground, background), viewer groups (local resident, tourist/recreational user, through travelers/commuters), and visually sensitive resources (i.e., north country trail, NRHP listed resources, etc.). This array of different simulations provides the public with the information necessary to assess the Facility’s potential impact on the landscape and the public’s perception of that landscape. The Shadow Flicker Analysis included with the Article 10 Application (appendix 24.b) analyzes the potential for wind turbine shadows within 1,360 meters (0.85 mile) from proposed turbine locations. This analysis examines the potential for occurrence and the duration of shadows on all residential, commercial, and public structures within the study area. Exhibit 15, Section e of the Application provides a discussion of potential wind power impacts to public health. 6. Please identify any measures the Applicant may consider to accommodate the religious lifestyle of the Old Order Amish of Farmersville, assuming that the community’s religious beliefs require an agrarian way of life. RESPONSE: As part of Exhibit 4 – Land Use, ACWE considers both the land use as well as the existing character of the community and assesses how the Project may or may not affect it. ACWE explicitly recognizes the importance of agriculture both to the local economy and its character and sees wind energy as playing a compatible part in the existing landscape. Aside from the turbine’s footprint on participating landowner’s parcels, the proposed Project will not impact community members’ ability to continue an agrarian way of life. 7. Please provide the list of stakeholders to whom notice of the application was sent. RESPONSE: The list of stakeholders provided notification of the Application is attached. Name of Person(s) Preparing Response: Eric Miller Dated: July 3, 2019 Chaffee
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