Challenging LURC's scope of wind farm review and their default to D.E.P. ..correspondence with Stacie R. Beyer Chief Planner, Land Use Planning Commission

Hello again:

I reviewed your authority under your enabling statutes and find it decidedly covers environmental impacts of wind farms in areas under your jurisdiction:

"To preserve …support and encourage Maine's natural resource-based economy and strong environmental protections; … to honor the rights and participation of residents and property owners …while recognizing the unique value of these lands and waters to the State; to prevent residential, recreational, commercial and industrial uses detrimental to the long-term health, use and value of these areas and to Maine's natural resource-based economy; to discourage the intermixing of incompatible industrial, commercial, residential and recreational activities; to prevent the development in these areas of … structures located unduly proximate to waters or roads; to prevent the despoliation, pollution and detrimental uses of the water in these areas; and to conserve ecological and natural values. [2011, c. 682, §"

Based on my understanding of the above statute and the origins of DEP in controlling pollution, your agency has a broader scope of authority over all land use in unorganized townships.

The Weaver Wind project will negatively impact the adjacent watershed with increased, unfiltered runoff from pads and access roads via their storm drains; it will remove trees whose root systems filter water in a water shed;

This project will NOT conserve “ecological and natural values” and will destroy habitat and flyways.

I am passing on this assessment to several wind activist organizations who will probably challenge your failure to live up to your legislative mandate.

FJHeller, K.E.W. & Ocean Gardens

From: Beyer, Stacie R
Sent: Thursday, November 29, 2018 10:14 AM
To: fjh
Subject: RE: [EXTERNAL SENDER] Environmental Impact assessment for WeaverWind Project

 Good morning,

The Land Use Planning Commission (LUPC) has limited authority in its review of grid-scale wind energy projects.  On the State-level, the Maine Department of Environmental Protection (MDEP) is the lead permitting agency.  They are reviewing the project under the decision-making criteria of the Site Location of Development Law (38 M.R.S., Sections 481-490), the Wind Energy Act (35-A M.R.S., Sections 3401-3459),  and the Natural Resources Protection Act (38 M.R.S., Section 480-B).  More information on the MDEP review of wind energy projects can be found on this webpage:  http://www.maine.gov/dep/land/sitelaw/wind/index.html.  Information specific to the MDEP review of the Weaver Wind Project is located on this webpage:  https://www.maine.gov/dep/land/projects/weaver-wind/index.html

Specific standards that the LUPC has authority to review for grid-scale wind energy projects in general, and the Weaver Wind Project specifically relate to:

Land division history (04-061 CMR 10.24,F),

Dimensional requirements (04-061 CMR 10.26),

Vehicular access, circulation, and parking (04-061 CMR 10.24,B and 10.25,D),

Lighting (04-061 CMR 10.25,F),

Activities in flood prone areas (04-061 CMR 10.25,T), and

Signs (04-061 CMR 10.27,J)

More information on the LUPC review of this project can be found on this webpage:  http://www.maine.gov/dacf/lupc/projects/site_law_certification/slc6...

 If you have any further questions, please let me know.

Thank you.

Stacie R. Beyer

Chief Planner, Land Use Planning Commission

22 State House Station,

Augusta, Maine 04333-0022

Cell- 207-557-2535

From: fjh [mailto:fjheller@myfairpoint.net]
Sent: Thursday, November 29, 2018 9:45 AM
To: Beyer, Stacie R <Stacie.R.Beyer@maine.gov>
Subject: [EXTERNAL SENDER] Environmental Impact assessment for Weaver Wind Project

 Stacie:

What are the main areas you will cover in your environmental and climate change impact assessment for the Weaver Wind Project; i.e. rain runoff, habitat disturbance, lose of forest, clear cuts, etc.

Fjh

FJHeller, K.E.W. & Ocean Gardens