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:  Information specific to the MDEP review of the Weaver Wind Project is located on this webpage:


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:

 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 []
Sent: Thursday, November 29, 2018 9:45 AM
To: Beyer, Stacie R <>
Subject: [EXTERNAL SENDER] Environmental Impact assessment for Weaver Wind Project



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.




FJHeller, K.E.W. & Ocean Gardens

Views: 190


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Comment by Dudley G. Gray on December 2, 2018 at 6:19am

Frank, I called LUPC to find out their agenda. Meeting supposedly 12/12 but no agenda announced. Should have it by the 5th. I'm more curious about the proposal that LUPC change the adjacency principle "one mile" rule to 10 miles allowing for more development . Rebecca Tripp articulated this very well in the PPH on 11/25. I really do believe that the real danger is Nextera and their proposed 133 turbine farm . Years ago John Martin wanted to build a road to Quebec. Well, here you go, 300 ft wide corridor could easily support road, ,Railroad etc. There is way more to this project that providing power to Mass. ratepayers. But this is just my opinion.


Comment by Frank J. Heller, MPA on November 29, 2018 at 12:55pm

Read several of the documents and they read like std. construction plans with no sensitivity to environment considerations other than 'storm runoff'.  Lot of money went into preparing these, so be careful and read them thoroughly in the context of the LURC mandate


Maine as Third World Country:

CMP Transmission Rate Skyrockets 19.6% Due to Wind Power


Click here to read how the Maine ratepayer has been sold down the river by the Angus King cabal.

Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT


(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.”

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Hannah Pingree on the Maine expedited wind law

Hannah Pingree - Director of Maine's Office of Innovation and the Future

"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."

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