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ATTORNEYS AT LAW
Cynthia M. Curtin *
Of Counsel
www.curtinlawpc.com
Brian T. Sinsabaugh
Re:
42 Albany Street, Cazenovia, New York 13035 l Phone: (315) 815-4221 I Fax: (315) 815-4314
To ensure future clarity, Barton & Loguidice has amended its response to Section 6(a) of
the Town ofHounsfield's Request for Intervenor Funds, as previously filed with the Secretary on
July 8, 2016:
On behalfof the Town ofHounsfield, Barton & Loguidice staff will:
1)
Conduct a detailed review ofthe applicant's Scoping Document to insure that the potential environmental impacts
will be thoroughly and properly analyzed in accordance with federal and state mandated guidelines and/or
standard accepted procedures.
a) The potential environmental impacts associated with the proposed electric generation facilities on lands
located within the Town ofHounsfield may include some or all of the following:
i) Wetlands and Water Resources Impacts
ii) Topography, Geology, and Soils Impacts
iii) Land Use Impacts
iv) Wildlife and Aquatic Resources Impacts
v) Threatened and Endangered Species Impacts
vi) Vegetation Impacts
vii) Protected Lands Impacts
viii) Cultural Resources Impacts
ix) Noise Impacts
x) Visual Resources Impacts
xi) Public Health Impacts
xii) Socioeconomic Impacts
xiii) Utilities and Infrastructure Impacts
xiv) Transportation Impacts
2) Review the applicant's proposed criteria and methodology for the establishment of site baseline conditions to
insure that the subsequent evaluation and/or comparison of estimated environmental impacts vs. baseline
conditions is applicable and accurate.
3)
Review the scope of proposed studies and/or field investigations to be performed by the applicant and make
specific recommendations, ifnecessary, regarding the extent of the study area, data collection methods, etc.
An amended Request for Intervenor Fund application reflecting the above changes 1s
attached hereto. Please contact me if you have any further questions or concerns. Thank you.
PJC/jmm
Enclosed.
Cc: Party List
TO THE SECRETARY:
I hereby provide a request for intervenor funds in the following Article 10 case before the NYS Board on
Electric Generation Siting and the Environment:
Case Number:
Title of Case:
Name of Party:
Contact Person:
Firm Name:
Contact Address:
15-F-0327
Application of Gal loo Island Wind LLC for a Certificate of Environmental Compatibility
and Public Need Pursuant to Article 1Oto Construct a Wind Energy Project.
Town of Hounsfield
Dan Fitzgerald, Senior Dir. - Apex Clean Energy; Timothy Scee -Town Supervisor
NIA
Apex Clean Energy Holdings, LLC
310 4th Street NE, Suite 200, Charlottesville, VA 22902
Town of Hounsfield
18774 County Rte. 66, Watertown, NY 13601
Page RFIF-1
Eligible Individual local Party [Person residing in a community who may be individually affected by the proposed major
electric generating facility]
Eligible Group Local Party [Persons residing in a community who may be collectively affected by the proposed major
electric generating facility]
l(a)
l(b)
Provide a statement of the nature of the interests the requesting party represents:
The Town, being a municipality located in Jefferson County, New York, submits this request for intervenor funds on behalf of all taxpayers
and residents of the Town, who will be Impacted by the construction of the wind energy generating facilities proposed in the Application
because they are proposed to be constructed on land situated within the Town. The Town seeks intervenor funds to allow it to meaningfully
participate in the pre-application phase of the project and to fully represent all of its interests.
2(a)
Provide a statement of the efforts that have been made to obtain funds from other sources:
The Town has limited financial resources and no funds budgeted or available for this purpose. Funding for operating municipal services is
raised principally from property taxes and is limited. The Town is unaware of any other sources of funding that would be available to facilitate
their participation in this proceeding.
2(b)
Provide a statement of the availability of funds from the resources of the requesting party:
The Town has limited financial resources and no funds budgeted or available for this purpose. Funding for o perating municipal services is
raised principally from property taxes and is limited. The Town is unaware of any other sources of funding that would be available to facilit ate
their participation In this proceeding. Without intervenor funding, the Town does not have adequate funding needed to fully represent its
interests.
2(c)
Provide a statement of the availability of funds from the resources of sources other than the
requesting party:
Aside from intervenor funds, the Town is unaware of any other sources of funding that would be available to facilitate their participation in this
proceeding.
3(a)
Application Stage Funds (Generally available upon the filing by the Project Applicant of an Article 10 Applic:ation]
Page RFIF-2
3(b)
4(a)
If expert witnesses, consultants, attorneys, or others are to be employed, provide to the extent
possible, the name and qualifications of each person to be employed:
Barton & Loguidice's environmental staff includes a Certified Wildlife Biologist (CWB), certified Professional Wetland Scientist (PWS), as
well as a suite of ecologists with extensive experience in environmental impact assessment, botany, wildlife, fisheries, wetlands, stream
ecology, and threatened and endangered species. Staff proposed for this review have between 10 and 27 years of experience conducting
field studies and environmental reviews for development projects throughout New York, including numerous linear utility projects, and at least
one project that required a major river crossing. They have provided peer review of environmental and engineering submittals to
municipalities through<Jut New York and neighboring states, and provide professional, fair, science-based recommendations for compliance
with regulations. B&L also has experienced electrical engineers. civiVenvironmental engineers, hydrogeologists, and urban planners for
review services associated with their specific expertise.
Resumes for the professionals anticipated to be involved with the review on behalf of the Town of Hounsfield are attached hereto.
Page RFIF-3
4(b)
If expert witnesses, consultants, attorneys, or others are to be employed and it is not possible to
provide the name of each person to be employed, provide for each person that cannot be named a
statement of the necessary professional qualifications for the person:
N/A
Provide, if known, the name of any other interested person or entity who may, or is intending to,
employ any such expert witnesses, consultants, attorneys, or others:
NIA
Page RFIF-4
6(a)
For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed
statement of the services to be provided:
On behalf of the Town of Hounsfield, Barton & Loguidice staff will:
1) Conduct a detailed review of the applicant's Scoping Document to insure that the potential environmental impacts will be thoroughly and
properly analyzed in accordance with federal and state mandated guidelines and/or standard accepted procedures.
a) The potential environmental impacts associated with the proposed electric generation facilities on lands located within the Town of
Hounsfield may include some or all of the following :
i) Wetlands and Water Resources Impacts
ii) Topography, Geology, and Soils Impacts
Iii) Land Use Impacts
Iv) Wildllfe and Aquatic Resources Impacts
v) Threatened and Endangered Species Impacts
vi) Vegetation Impacts
vii) Protected Lands Impacts
viii) Cultural Resources Impacts
ix) Noise Impacts
x) Visual Resources Impacts
xi) Public Heanh Impacts
xii) Socioeconomic Impacts
xiii) Utilities and Infrastructure impacts
xiv) Transportation Impacts
2) Review the applicant's proposed criteria and methodology for the establishment of site baseline conditions to insure that the subsequent
evaluation and/or comparison of estimated environmental impacts vs. baseline conditions is applicable and accurate.
3) Review the scope of proposed studies and/or field investigations to be performed by the applicant and make specific recommendations, if
necessary, regarding the extent of the study area, data collection methods, etc.
6(b)
For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed basis for
the fees requested, including hourly fee, wage rate, and expenses:
Based on their experience in conducting the detailed review and evaluation of Scoping Documents prepared by others for similar projects,
Barton & Loguidice has estimated that the following level of effort will be required for the Scoping phase of this project:
1) Wetlands and Water Resources Impacts: Est. 16 hours of staff time
2) Topography, Geology, and Soils Impacts: Est. 8 hours of staff time
3) Land Use Impacts:
Est. 16 hours of staff time
4) Wildlife and Aquatic Resources Impacts: Est. 16 hours of staff time
5) Threatened and Endangered Species Impacts: Est. 16 hours of staff time
6) Vegetation Impacts:
Est. 8 hours of staff time
7) Protected Lands Impacts: Est. 16 hours of staff time
8) Cultural Resources Impacts: Est. 8 hours of staff time
9) Noise Impacts:
Est. 16 hours of staff time
10) Visual Resources Impacts: Est. 16 hours of staff time
11) Public Health Impacts:
Est. 16 hours of staff time
12) Socioeconomic Impacts:
Est. 16 hours of staff time
13) Utilities and Infrastructure Impacts: Est. 8 hours of staff time
Est. 16 hours of staff time
14) Transportation Impacts:
Total No. of Estimated Hours= 192 hours
Based on an average hourly billing rate of$125/hour for Barton & Loguidice staff, the estimated level of effort Is: 192 hours x $125/hour =
$24,000. Including an amount of $1 ,000 for direct reimbursable expenses (mileage, photocopying, etc.), the total estimated fee for Barton &
Loguidice' involvement with the review of the applicant's Scoping Docume nt is $25,000.
Page RFIF-5
G(c)
For all expert witnesses, consultants, attorneys, or others to be employed during the Pre-Application
Stage, provide a detailed statement specifying how such services and expenses will make an effective
contribution to review of the Preliminary Scoping Statement and the development of an adequate
scope of appropriate studies for the application to be submitted and thereby provide early and
effective public involvement:
Barton and Loguidice and the Town of Housfield will provide a local perspective regarding the impacts of these proposed facilities and their
upgrades in conjunction with the and other existing energy infrastructure already located in the area. Barton and Loguidice will provide an
evaluation of potential Impacts of the proposed facilities and their potential impacts on existing natural resources (wetlands, waterways, fish &
wildllfe resources), water quality, recreational use, commercial shipping traffic, and the existing above ground and underwater transmission
facilities.
Page RFIF-6
6(d)
For all expert witnesses, consultants, attorneys, or others to be employed during the Application Stage,
provide a detailed statement specifying how such services and expenses will contribute to the
compilation of a complete record as to the appropriateness of the site and facility and will facilitate
broad participation in the proceeding.
N/A
Page RFIF-7
7(a)
7(b)
For any study to be performed, a description of the methodology and a statement of the rationale
supporting the methodology:
No studies are anticipated to be perfomed by Barton and Loguidice in the Pre-Application Stage
7(c)
For any study to be performed pursuant to any proposed methodology that is new or original,
explaining why pre-existing methodologies are insufficient or inappropriate:
No studies are anticipated to be perfomed by Barton and Loguidice in the Pre-Application Stage
Page RFIF-8
7(d)
For any study to be performed, provide a description of the timing for completion of the study and a
statement of the rationale supporting the timing proposed:
No studies are anticipated to be perfo med by Barto n and Loguidice in the PreApplication Stage
8(a)
For any study to be performed, a statement as to the result of any effort made to encourage the
applicant to perform the proposed studies or evaluations and the reason it is believed that an
independent study is necessary:
It is not anticipated that Barton and Loguldce w ill perform any studies during the application process.
For all expert witnesses, consultants, attorneys, or others to be employed, provide a copy of any
contract or agreement or proposed contract or agreement with each such expert witness, consult ant,
attorney, or other person.
Will not be available until intervenor funds have been approved for Barton and Loguidice
Page RFIF-9
10
Provide a statement of any additional justification for the funding request not already addressed
above:
N/A
Page RFIF-10
RESUMES
l
I
;
'
Summary
29
Mr. Bolan has extensive facility related electrical design and electrical
operations experience involving industrial, municipal, private, and federal
clients. He is in charge of oversight of our facilities electrical design staff.
Education
B.5. Electrical & Computer
Engineering- Clarkson
University, 1987
Professional Registrations
Registered Professi~nal Engineer
New York, Pennsylvania,
Connecticut, Maine, Maryland,
North Carolina, New Hampshire,
Florida, Virginia, Massachusetts
Mr. Bolan's typical design responsibilities include: short circuit, voltage drop,
protective device coordination, load/demand studies, energy conservation
methods and recommendations, NEC/NFPA Code Compliance, life cycle analysis,
drawing and specification development,_ cost estimating, and equipment
selection.
Professional Affiliations
Institute ofElectrical and
Electronics Engineers (IEEE)
Power Systems
In addition, Mr. Bolan was responsible for the operations and maintenance of
large industrial (pharmaceutical manufacturer's) electrical distribution system
cc;msisting of two 115kV substations with 115kV primary and 4.16kV secondary
distribution, 30 megawatt load, and the campus process/heating steam system
consisting of four 80,000 #/hr. dual fuel boilers.
... Senior
Years of Experience
summary
Ms. Duffy's experience and primary duties are associated with wetland srte
delineation and permitting, endangered and threatened species assessments
and habitat surveys, ecological monitori ng, environmental regulations, hazard
mitigation, and hazardous waste and environmental site assessments. These
services are performed for a wide spectrum of project types, ranging from
bridge replacements to recreational trail planning t o solid waste facilities.
Education
A.A.S. Fisheries and Wildlife
Technology, State University of
NY College of Agriculture and
Technology at Cobleskill, 2002
Ms. Duffy has completed wetland delineation and assessment work around New
York State and continues to work with a variety of private and public clients to
fulfill th~ir natural resource permitting needs. Prior projects have required Ms.
Duffy to coordinate with the U.S. Army Corps of Engineers (USACE) Buffalo and
New York Districts, the NYS Department of Environmental Conservation
(NYSDEC),and the Adirondack Park Agency (APA). Ms. Duffy has also performed
numerous SEQRA reviews for a variety of projects, including some that required
the completion of an Environmental Impact Statement (EIS). Additionally, she is
experienced in NEPA processing, the Section 404 and Section 10 federal permit
programs, and New York State's Environmental Conservation Law (ECL)
regulations and permit requirements.
Relevant Project Experience
Trapping and identifying reptiles and amphibians for the New York State
Herp Atlas Project
Professional Affiliations
(SWS)
-z:,-~~~~~1 !m:-.1_:t;;;;;tiiiZ~
Town of
Years of Experience
26
Education
B.S. Geology, Hope College,
1981
M .S: .Geology, Baylor University,
1989
Professional ~egistrations
Licensed Professional Geologist
Professional Affiliations
American Institute of
Professional G.eo!ogists (/\IPG)
Association of Engineering
Geologists (AEG)
Hudson Mohawk Professional
Geologist Association .(President
2007-2008)
Professional Certlfication
ASTM Training on Phase I and
Phase II Environmental Site
Assessments for Commercial
Real Estate, .2012
Summary
Mr. Le Fevre has extensive experience working as a hydrogeologist on a wide
variety of projects in New York State. His technical expertise ln the following
areas include: Phase I and Phase II environmental site assessments, USEPAfunded Brownfields assessment and cleanup projects, landfill closure and
transfer station design, environmental permitting, preparation of draft
environmental impact statements (DEIS}, hazardous waste investigations,
including remedial investigation/feasibility studies (Rl/FS), groundwater supply
development and aquifer analysis, prepar.a tion of documentation in support of
SEQRA determinations, review ofSEQRA submittals, and mini ng permit
applications and mined land use plans.
: I
'
Education
1991
Summary
Mr. Voss has extensive planning and public participation experience where he has
been responsible for the review and development of planning-related projects for
many municipalities, private sector consultants, state agencies, and local special
interest organizations. He has extensive experience maintaining oversight of the
development of grant and funding opportunities for municipal clients. He has
been responsible for the project management oversight of several active planning
projects while maintaining on-going fiscal accountability for all active projects. Mr.
Voss continuously fosters positive, long-term client interaction and relations, and
has the following skills;
Publications
Professional Certification
"Preparing an Environmental
Impact Statement"- Capital
District Business Review,
January 31, 2000, Vol. 26, No.
43.
Professional Affiliations
Planning Board Chairman, Town
of New Scotland
New Scotland Comprehensive
Plan Committee Member
American Institute of Certified
Planners (AICP) Member
American Planning Association
(APA) Member
Upstate New York Chapter of
the APA Member
Capital District Planners
Association Member
Mountainside Woods EIS Review, Town of Lloyd - B&l is currently assisting the
Town with the review of this EIS, Rezoning request, and Site Plan and will assist
with the preparation of the Final EIS. The residential development project is near
the Historic Highland Hamlet and situated on an important parcel of land which
extends up the slope of highly visible and the environmentally sensitive Illinois
Mountain. The proposed project includes about 153 acres, of which 40 acres
would be developed into 115 single family residential lots and the remaining lands
would be protected by a conservation easement and dedicated to the Town or
local not-for-profit as open space.
.I
__
.,
Cottage Place Gardens Redevelopment SEQRA and NEPA Consulting Services, City
of Yonkers - B&L was retained to coordinate the complete environmental review of
this major downtown urban redevelopment project in compliance with the State
Environmental Quality Review Act (SEQRA), including administrative, planning, and
scoping for all of the environmental and technical issues. The Cottage Place
Gardens Redevelopment project encompasses three city blocks and will consist of
the demolition and removal of multiple existing buildings and the reconstruction of
approximately 300 housing units in Downtown Yonkers.
Chittenango Community Design Guidelines and Zoning Updates - B&L assisted in the
formulation, adoption and implementation of site improvement and architectural
design guidelim~s for their historic downtown and primary transportation corridors.
The guidelines were developed in response to a need identified during planning
phases to develop a set of unique standards that would allow theVillage to make
informed and sound design decisions during the development review process. U pan
completion of the guidelines, B&L assisted with zoning law updates, to help them
implement the design guidelines. The revised zoning laws were adopted in October
2010. Mr. Voss was a land use planner on this project.
Esplanade Waterfront Redevelopment Project, City of Mechanicville, NY
Barton & Loguidice provided environmental support services to the City Council in
the SEQR review of a long environmental assessment form and supporting
environmental documentation for a proposed mixed-use apartment complex on
the Hudson River in the City of Mechanicville. B&L also assisted in the drafting of
the rezoning of property to incorporate pedestrian oriented pavement standards,
floor area ratios, and sustainable design considerations.
Town of Forestburgh Zoning Code & Map Revisions - Mr. Voss is assisting the Town's
Zoning Review Committee with multiple updates and revisions to their existing land
use codes and zoning map. The Town has not updated their codes since 1978, and
B&L. is preparing numerous new code sections to support the Town's comprehensive
plan goals and strategies. Mr. Voss has provided a completely revised Major and
Minor Subdivision Code, created a new Adult Uses code, drafted design guidelines for
the existing commercial zone, and provided new agricultural overlay zoning to guide .
new and existing agricultural uses across the community.
Downtown Revitalization Grant Project, Mechanicville, NY- B&L provided design
guidelines based on the City's Downtown Revitalization Plan. B&L coordinated a
meeting and bus tour for numerous funding agencies to showcase the opportunities
for projects that can serve to increase tau rism, create jobs, improve pedestrian
access, share services, upgrade recreational facilities, and provide for business
growth in the downtown business core. B&L has obtained over $11 million in grants.