RE: GALLOO ISLAND WIND, LLC. Case No.

15-F-0327
Date: October 5, 2017
Document title: Supplement to Party Request
Submitted by:
Clifford P. Schneider, pro se
47243 Wood Cliff Drive
Wellesley Island, NY 13640
(315) 215-4019
clif.schneider@gmail.com
October 5, 2017

Ms. Ashley Moreno

Presiding Examiner
Three Empire State Plaza
Albany, New York 12223-1350

and

Mr. Michael Caruso

Associate Examiner
Three Empire State Plaza
Albany, New York 12223-1350

RE: GALLOO ISLAND WIND, LLC. 15-F-0327

Dear Judges Moreno and Caruso:

I would like to respond to charges by attorneys for Apex Clean Energy

that In this instance (Schneiders request for formal party status),
the Siting Board should be wary of establishing a precedent that any
individual, simply by filing for party status, is granted the rights
afforded by PSL 166[1]. I hope to provide you both with sufficient
evidence that you can feel confident that my involvement will be
appropriate, valuable and contribute to the proceeding.

Apexs attorneys suggest that I will be incapable of properly

participating in the evidentiary hearing phase of the Galloo project
review:

Formal party status under PSL 166[1], on the other hand, is

more limited and allows parties to participate by filing
discovery requests, issues statements, testimony and affords
parties the right to cross examination at an evidentiary
hearing. (See PSL 167[l][b]; 16 NYCRR 4.3[a]). As such, there
is a higher burden for an individual seeking formal party
status under PSL 166.

You can be assured that my participation will be within the norms

expected of any Article 10 hearing participant, since I will be guided
an attorney with extensive environmental law experience.

Apex attorneys also charge that I am not a resident of an affected

community:

On its face, Mr. Schneider does not qualify for "automatic"

party status pursuant to PSL 166[l][a] [m] because he does not
live in the host municipality (in this case the Town of
 Hounsfield) or within 5 miles of the Facility. Mr. Schneider has
listed his address as Wellesley Island, New York and no portion
of the proposed Facility is to be located on Wellesley Island,
nor is Wellesley Island located within 5 miles of the proposed
Facility.

I contend that if Jefferson County officials were asked to make two

nominations for ad hoc membership on the Siting Board that this
involvement denotes the county as a municipality affected by the
Galloo Island Wind project. Therefore, 'because of the potential
environmental effects on such municipality (Jefferson County), I am
thereby a resident of a municipality affected by the projects
potentially negative environmental impacts.

Apexs attorneys note that I should provide more evidence of my

experience and background that qualifies me to speak to the issues of
avian and bat risks:

By his own statement, Mr. Schneider's interest in the proposed

Facility is limited to avian and bat risks. However, Mr.
Schneider has not provided any expertise or background in this
subject matter or area, nor has he indicated, other than
generically, how he will contribute to the development of a
complete record. In fact, the subject matter of Mr. Schneider's
interest, as mentioned above, is being addressed by other
statutory parties to the proceeding.

Regarding my background and experience, first and foremost I was a 35-

year career public servant for the New York State Department of
Environmental Conservation. I was fishery biologist who retired from a
position as the Lake Ontario Unit Leader. I earned a B.S. degree from
Cornell and co-authored over two-dozen peer-reviewed scientific
journal articles incidental to my regular responsibilities as a field
biologist for NYSDEC.

At the time of my retirement in 1999 I received a letter of

appreciation (see attached) by then DEC Commissioner John P. Cahill
who noted, You will be especially remembered for your determination
to rehabilitate a self-sustaining lake trout population in Lake
Ontario and your exceptional leadership in the scientific assessment
of the impact of predation by double-crested cormorants on smallmouth
bass. The two highlights of my career described by Commissioner
Cahill, the lake trout and cormorant work, were both efforts centered
around the Lake Ontario islands. Much of my lake trout reproductive
work was on a shoal at the northern end of Stony Island, and my
assessment of impacts of double-crested cormorants on smallmouth bass
involved many trips to Little Galloo Island. I am therefore very
familiar with the Galloo area, far more than the general public.

Commissioner Cahill was right in using the term determination in my

efforts to rehabilitate lake trout. My personal interests within the
Department were more focused on restoration and protection than many
of my cohorts it still is part of my DNA. I have a special concern
for Little Galloo Island, much more than the general public because
I have been there many times during the nesting period when thousands
of birds occupy the island. It is impossible for anyone to visit
Little Galloo and not come away in awe of a very special resource that
the general public would consider only existent in some far away
island along the northern coast of Canada. In reality, however, it
exists right here in Jefferson County and deserves our greatest
consideration and protection. Coincidentally, I view the highest
potential risks from the Galloo Island Wind project will be the gull
and tern nesting colonies on Little Galloo.

An underlying assertion by Apex is that my formal training and

experience lies with aquatic resources and not avian and bat species.
My Cornell education provided a foundation for future learning, not an
end. In fact, I had but a single fisheries course at Cornell. My
entire fisheries knowledge base was acquired through my own home study
and hard work. Cornell did give me a good understanding of the
scientific process; one that has allowed me to contribute regardless
of my formal training. Recent examples are three studies of wind
turbine noise impacts that were referenced and cited in the 2013
NYSERDA report, Wind Turbine-Related Noise: Current Knowledge and
Research Needs (see attached). The 2009 report on measuring
background was an invited paper for Inter-Noise 2009, and the Inter-
Noise Congresses are the largest international gathering of experts in
noise control engineering each year.

Judges Moreno and Caruso, I am confident that I have the ability to

participate and contribute to the Siting Boards understanding of the
avian risks associated with Apexs Galloo Island Wind project
proposal. Moreover, if you endorse my party request I intend to also
request intervenor funding to support an attorney and several
credentialed avian experts that have consented to review the
Applicants avian studies. So, my principal role in the proceeding
will be assisting the gathering and organizing avian testimony.

One final note on what precipitated my involvement with Galloo Island

Wind. I became convinced that the agency entrusted with protecting
resources like the Galloos had shifted their priorities from
protection to supporting wind development on Galloo. How else can you
explain why NYSDEC acquired the old U.S. Coast Guard properties on
Galloo for use as a wildlife refuge and at the same time actively
pursued the purchase of Galloo Island (see attached letter from T.
Brown, retired Region 6 Regional Director), and then less than a
decade later NYSDEC approved wholesale wind development of Galloo and
even permitted the 30-year licensed killing of bald eagles.

It was my view that someone had to step forward as an advocate for

protecting the unique and sensitive avian resources that inhabit the
Galloos. It is important to understand that I am far more sensitive to
the potential environmental damage that can be done to the Galloos
than the average citizen. I am requesting party status not because I
am a resident of an affected community, but rather because I still
have the conscience of a public servant and environmentalist and I
feel the need to do what I can to inform the Siting Board of avian
risks and to argue strongly for any measures available to minimize
risks to these resources.

Respectfully yours,

Clifford P. Schneider
Pro Se
Wellesley Island, NY
 New York State Energy Research and Development Authority

Wind Turbine-Related Noise:

Current Knowledge and Research Needs

June 2013

NYSERDA Report 13-14

for Energy
Oregon Health Authority. 2012. Wind Energy Health Impact Assessment.
http://public.health.oregon.gov/healthyenvironments/trackingassessment/healthimpactassessment/pages/winden
ergy.aspx

Passchier-Vermeer, W., Passchier, W. F. 2000. Noise exposure and public health. Environmental Health
Perspectives, 108(Suppl 1): 123-131. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1637786/

Pawlaczyk-uszczyska, M. et al. 2005. The impact of low frequency noise on human mental performance.
International Journal of Occupational Medicine & Environmental Health, 18(2): 185-98.
http://test.imp.lodz.pl/upload/oficyna/artykuly/pdf/full/Paw10-02-05.pdf

Pedersen, E. and K. P. Waye. 2004. Perception and annoyance due to wind turbine noisea doseresponse
relationship. The Journal of the Acoustical Society of America, 116: 3460-3470.
http://www.proj6.turbo.pl/upload/file/263.pdf.

Pedersen, E. 2011. Health aspects associated with wind turbine noise-Results from three field studies. Noise
Control Engineering Journal, 59(1): 47-53. doi: 10.3397/1.3533898.

Pierpont, N. 2010. Wind Turbine Syndrome: A Report on a Natural Experiment. K-Selected Books: New Mexico,
USA.

Pirrera, S. and E. De Valck , R. Cluydts. 2011. Nocturnal road traffic noise assessment and sleep research: The
usefulness of different timeframes and in- and outdoor noise measurements. Applied Acoustics, 72: 677-683.
doi: 10.1016/j.apacoust.2011.03.007.

Schneider, C. P.2008. Accuracy of Model Predictions and the Effect of Atmospheric Stability on Wind Turbine
noise at the Maple Ridge Wind Power Facility. Lowville, NY. https://www.wind-
watch.org/documents/accuracy-of-model-predictions-and-the-effects-of-atmospheric-stability-on-wind-turbine-
noise-at-maple-ridge/

Schneider, C. P. 2009. Measuring background noise with an attended, mobile survey during nights with stable
atmospheric conditions. Internoise 2009: Canada.
http://croh.info/attachments/145_C%20Schneider%20Internoise%202009l%20Report.pdf

Schneider, C. P. 2010. Visual and Sound Impacts from the Wolfe Island Wind Project on Resident of Tibbetts
Point Road, Cape Vincent New York. Presented at Institutes for Journalism and Natural Resources: Wolfe
Island, Ontario.

Schust, M. 2004. Effects of low frequency noise up to 100 Hz. Noise & Health, 6(23): 73-85.
http://www.noiseandhealth.org/text.asp?2004/6/23/73/31662

Shepherd, D. et al. 2011. Evaluating the impact of wind turbine noise on health-related quality of life. Noise and
Health, 13(54): 333-339. http://www.noiseandhealth.org/text.asp?2011/13/54/333/85502

23
 March 18, 2009

Mr. Stephen M. Tomasik

Project Manager
New York State Department of Environmental Conservation
625 Broadway, 4th Floor
Albany, NY12233-1750

Subject: Galloo Island Wind Farm DEIS

Dear Mr. Tomasik,

I wish to take this opportunity to comment on the subject Draft Environmental Impact
Statement (DEIS). I feel the overriding omission in this DEIS, is its failure to adequately
assess the scarce natural resource, visual and open space impacts of the proposed wind
farm development.

Galloo Island has long been recognized by the New York State Department of
Environmental Conservation as a scarce Lake Ontario island in need of protection and
open space preservation. Lake Ontario islands are considered critical natural resources
largely due to their lake wide scarcity. A number of years ago the State gained limited
public access to the island when it acquired the former Galloo Island Coast Guard station.
The State in recent years has attempted to purchase the entire island.

Galloo Island has long been listed as a priority protection project in the New York State
Open Space Plan, including the latest 2006 Plan version and the new draft plan currently
being developed.

The DEIS needs to evaluate the environmental impact of converting this scarce and
undeveloped island to an industrial site. Not only does the DEIS inadequately address the
local environmental impact, it fails to assess the impact from a lake wide, state wide and
multi-state perspective. In addition, such assessment should also include an evaluation of
alternative New York wind farm locations suitable for such development without having
to sacrifice such an important Lake Ontario island resource.

Sincerely,

Thomas E. Brown
P.O. Box 37
Cape Vincent, NY 13618

Cc: Commissioner Pete Grannis

Region 6 Director Ms. Judy Drabicki