John Rhodes Letter

John B.
Rhodes
Chair
Howard Zemsky
Basil Seggos
Richard L. Kauffman
Howard A. Zucker, M.D., J.D.
Members
Paul Agresta
Three Empire State Plaza, Albany, NY 12223-1350 General Counsel
www.dps.ny.gov/SitingBoard
Kathleen H. Burgess
Secretary
November 24, 2017
James A. Muscato II, Esq.

Young / Sommer LLC
Executive Woods, Five Palisades Drive,
Albany, NY 12205
jmuscato@youngsommer.com
RE: Case 15-F-0327 - Application of Galloo Island Wind LLC for a Certificate of
Environmental Compatibility and Public Need Pursuant to Article 10 to Construct
a Wind Energy Project.
Dear Mr. Muscato:
Upon a preliminary review of the Application submitted by Galloo Island Wind LLC, a
subsidiary of Apex Clean Energy Holdings, LLC, on September 25, 2017, the Application, as
submitted, is not filed or otherwise in compliance with 164 of the Public Service Law (PSL).
The deficiencies identified must be remedied or otherwise cured before the Application can be
deemed to comply with PSL 164 and the public hearing can be commenced pursuant to PSL
165.
The Applicant must comply with all filing requirements contained in 16 NYCRR 1001
through 16 NYCRR 1001.41 in addition to the Stipulations that were filed with the Secretary on
September 22, 2017. The identified deficiencies in the Application are listed in the attachment to
this letter.
Please note that the Galloo Island Wind LLC is required to serve a copy of the
information it files as a supplement in order to remedy the identified deficiencies on all entities
entitled to receive a copy of the Application pursuant to PSL 164, as well as any additional
parties on any established Party List in this proceeding.
James A. Muscato II, Esq.
November 24, 2017
Page 2
Please contact me if I can be of any further assistance.
Sincerely,
(\((l
JOHN B. RHODES
Chair
Attachment
Case 15-F-0327 - Application of Galloo Island Wind LLC Deficiency Letter
CASE 15-F-0327
GALLOO ISLAND WIND ENERGY FACILITY
APPLICATION DEFICIENCIES
General Comments
1. Terms of Stipulation - Stipulations, p. 4, Clause 6: The Stipulation requires that GIS

shapefiles of all Project and resource locational information, analyses and graphic exhibit
preparation will be provided directly to DPS Staff on CD-ROM along with paper copies
of the Application. GIS files provided to DPS Staff only included Project Locational
information for facilities on Galloo Island, but did not include the full range information
required by this stipulation, including (but not limited to):
a. Locational information for Facility and ancillary facilities such as:
i. Limit of disturbance;
ii. Limit of clearing;
iii. Edge of access road;
iv. Designated work and staging areas;
v. Edge of ROW for collection lines
b. Analyses and graphic exhibit data such as:
i. Ex. 4 Land Use Recreational Trails locations;
ii. Ex. 20 land use coverages for study area(s);
iii. Ex. 20 historic properties point locations and addresses;
iv. Ex. 22 DEC wetland adjacent areas
v. Ex. 24 resource and viewpoint locations, and Project areas of visibility;
etc.
2. For all of the following exhibit-specific deficiencies, if information meeting the

informational requirements is provided elsewhere in the Application, appropriate
references should be provided per 16 NYCRR 1001.1(e).
3. 16 NYCRR 1000.6 (c)(2): The filing letter submitted by Young/Sommer LLC on behalf
of the Applicant on September 25, 2017 included an attachment (#2) identifying the
entities that were served copies of the Application. The letter indicated that proof of
service would be provided under separate cover. However, the filing did not include
adequate proof of service there are no affidavits or receipts to verify that the items
documented in Attachment 2 were sent to the appropriate contacts. Proof of service must
be provided.
Exhibit 2 Overview and Public Involvement
1. 16 NYCRR 1001.2 (c): Appendix C Meeting Log: The meeting log should include all
significant questions and/or issues raised by Stakeholders and members of the public and
the Applicants response or follow-up action, including a summary of changes made to
the proposal in response.
Exhibit 3 Location of Facilities
1. 16 NYRR 1001.3(a)(4): (and Stipulation 3(a)(4)): Regulation requires mapping of the

proposed location of the electric transmission lines that are subject to review under
Article VII of the PSL at a scale of 1:24,000. (Application includes map of proposed
Article VII line location, and alternatives, at scale of 1:250,000 or greater per Stipulation
3(a)((6)). The map must be filed at the required scale of 1:24,000.
2. 16 NYRR 1001.3(b): Regulation requires mapping of the location of the proposed

location of ancillary facilities at a scale sufficient to determine and demonstrate relation
of facilities to those geographical and political features. Application Figure 3-2, at a
scale of 1:24,000 does not provide an indication of the municipal boundaries; and Figure
3-4, at a scale of 1:100,000, does not clearly show the specific relation of the ancillary
features to municipal boundaries. A map showing facility location in relation to
geographic and political boundaries should be provided for Figure 3-2 at 1:24,000 scale.
Exhibit 4 Land Use
1. The drawing titled Madison Barracks Temporary Improvement, included in Appendix J

of the Application, depicts a single parking area. However, numerous figures included in
the Application (e.g., Exhibit 4 Fig, 4-1, Sheet 2 of 2) depict two separate parking/staging
areas within Madison Barracks. The discrepancies between the number and locations of
ancillary facilities should be clarified and maps, figures, and drawings should be revised,
as appropriate.
2. 16 NYCRR 1001.4 (e): Coastal Area Consistency Review (Application Appendix D):
a. Several deficiencies in documentation and review of Federal Consistency
Assessment Form checklist and discussion at Coastal Consistency Review Table
for the NYS Coastal Management Program have been identified. Attached
below as Attachment A is a listing of policy provisions that warrant additional
analysis and documentation.
b. Application consideration of the Village of Sackets Harbor Local Waterfront
Revitalization Program (LWRP) warrants additional analysis and documentation,
as identified in Attachment A below.
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Exhibit 5 Electric System Effects
1. 16 NYCRR 1001.5(c): The Application does not adequately discuss the benefits and
detriments of the facility on ancillary services. The Application points to the facility
having a positive impact on thermal transfer limits at Volney East, Central East and Total
East, but does not adequately describe how this impact affects ancillary services.
2. 16 NYCRR 1001.5(f)(2): The Application indicates that the generation facility type
certification for the proposed turbine, GE 3.63 MW, is not yet available. The Applicant
indicates that the certification is expected to be released by the end of 2017, and will
submit it as soon as it is released the regulation requires this generation type certification
to be included in the Application.
3. 16 NYCRR 1001.5(h)(1): The Application indicates that the Interconnection Substation

will be transferred to National Grid, however the timetable for transfer of the standalone
facilities will not be determined until the Facility Study is completed. The regulations
call for a timetable for the future transfer of a new interconnection substation as part of
the Application. The Application also does not sufficiently describe what facilities will be
transferred to National Grid, the method or means of transfer, or the timetable for
transfer. This information must be provided.
4. 16 NYCRR 1001.5(i)(2): The Application does not discuss repair procedures or criteria
for the underground collection system. This information must be provided.
5. 16 NYCRR 1001.5(n): The Application does not include any information complying
with this regulation regarding the degree of compliance with reliability criteria per
NEPC, NYSRC, or the local interconnecting utility standards. This information must be
provided.
Exhibit 9 Alternatives
1. 16 NYCRR 1001.9(c)(2) and Stipulation 9(c) requires description and evaluation of
reasonable alternatives regarding feasibility of solar energy on Galloo Island as
compared to wind power. The Application presents a cursory statement regarding a
solar alternative that is unsupported by any analytic information, and must be
supplemented with information to address the showings required by 16 NYCRR
1001.9(g), (h) and (i) for a solar energy source alternative.
-3-
Exhibit 11 Preliminary Design Drawings
1. Stipulation 11(a) notes that the Site Plans shall include turn-around areas to be used
during turbine deliveries, an indication of all permanent right-of-way (ROW) for all
electric cable installations and proposed grading (temporary grading for construction
purposes and approximate final contours). These features are not shown on the Site Plans
in Appendix J of the Application. A revised set of site plans should be submitted
showing turn-around areas along proposed access roads and all permanent ROWs for the
electric cable installations. Additionally, proposed grading for the proposed staging area
at Madison Barracks is not included in Appendix J. The site plan for this staging area
should include any proposed grading (temporary or permanent) to be done in preparation
for the parking area, construction trailer locations and access ways to the staging yard, as
required per 16 NYCRR 1001.11(c).
2. The Application includes two entirely different site plan drawings entitled C-101. One
drawing depicts detailed site layout for Wind Turbine Generator WTG-27 on Galloo
Island; the other drawing is titled Madison Barracks Temporary Improvements, depicting
parking, construction trailer, access locations and proposed docking features at Madison
Barracks in the Village of Sackets Harbor. The Exhibit also includes a drawing C-200
titled Sackets Harbor Staging Area Site Plan. Drawing C-101 does not indicate parcel
boundaries, and neither C-101 nor C-200 indicates location of known easements or
rights-of-way such as apparent utility line crossings. 1 Applicant must provide a
replacement site plan drawing for the Madison Barracks Temporary Improvements, using
a distinct drawing number, indicating: utility line easements or facility locations;
proposed front and side yard setback distances for the proposed 12 x 40 construction
trailer from parcel boundaries; and location of any proposed water, sewer, electric or
telecommunications utility interconnections to serve the construction trailer. A note
should be included in the updated plan indicating that this sheet replaces the previously
submitted site plans regarding the Madison Barracks staging area. Also, insert sheets
shall be submitted, replacing the original incorrect Madison Barracks site plans; these
insert sheets can be pages containing a note of reference to the updated Madison Barracks
staging area site plan. The updated plan showing the Madison Barracks staging area
should also include preliminary grading for the parking, construction trailer locations and
access ways.
1
Existing fire hydrant indicates water line is located along Vollum Road; telecommunications
upright riser indicates underground telephone and/or cable line(s) along Pike Road; and the area
is served by underground electric service lines; all of which are likely located within the site and
access driveway crossings. Drawing C-101 does indicate the location of the road right-of-way
location for Pike Road, but not for Vollum Road.
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3. 16 NYCRR 1001.11(d), requires that Exhibit 11 shall contain a landscaping plan

indicating areas of trees to be retained, removed, or restored, berms, walls, fences and
other landscaping improvements, and areas for snow removal storage. It is noted on page
3 of Exhibit 11 that a formal landscaping plan has not been developed yet for this
Facility. The regulation cited above calls for a preliminary landscaping plan, which
should be provided in the Application for the collection substation area. Also, regarding
the requirements of 16 NYCRR 1001.11(d), the Application does not include
information pertaining to areas for snow removal storage. In addition to showing snow
removal storage areas, a plan for maintaining turbine roadway access after snow storms
should be included in the Application.
4. Stipulation 11(f) requires a preliminary schematic of the substation shall be provided

(including preliminary design of substation transformer oil spill containment system).
Per this stipulation, a stand-alone detail of the substation transformer oil spill
containment should be provided in the Application.
5. 16 NYCRR 1001.11(f) architectural drawings and details of buildings and structures.

Provide information regarding the proposed Operations and Maintenance (O&M)
building material of construction, and finish.
6. Stipulation 11(g) requires that the Preliminary Design Drawings will include typical
design details for the wind turbine foundations. Although outlines of foundations and
profiles are provided in the site plans (as indicated in Stipulation 11(a)), details of
foundations are not included in the drawing set. Stand-alone details of the proposed
turbine foundations should be provided. The Application should include a typical
preliminary plan, elevation, section and details of the turbine foundation. The details
should depict the type of foundation (spread footing, etc.), reinforcement layout, and
general details and arrangements of flange assembly and embedment ring. Information
regarding design codes shall be included in this detail along with information pertaining
to steel and concrete (compressive strength, volume, weight, etc.) to be used for turbine
foundation construction.
7. Stipulation 11(g) requires that Preliminary Design Drawings will include typical design
details of (electric) collection lines. A typical trench detail is provided in Drawing No.
Det-2 (Sheet 7 of 44) of Appendix J; however, this only depicts the installation of one
electric circuit. The Project layout shows the installations of multiple electric circuits
along specific routes. Since there will be more than one typical layout of circuits,
details of these multiple circuit layout installations should be provided in the Preliminary
Design Drawings. Provide drawings showing details including total trench widths,
amount of cover, and separation requirements between electric cables.
-5-
Exhibit 12 Construction
1. The Complaint Resolution Plan, included in the Application as Appendix M, states that
[i]n the event that GIW receives complaints during construction or operation, they will
promptly investigate such complaints. Whether a problem in fact, exists will be
determined by the Applicant within 48 hours of receipt of the complaint. A report of
each investigation will be made available to the agencies. Stipulation 12(d) states that
[i]n addition, the Plan will include a procedure for review and transmittal of complaints,
updates and plans for resolution to DPS Staff. Per this stipulation, DPS should be
notified of any complaints received by the Applicant and the procedure for notifying DPS
should be described in the Complaint Resolution Plan.
The Complaint Resolution Plan should include a method to receive complaints

electronically, such as through the Project Development Managers email address or
through the project website. In addition, the Applicant should clarify where the
construction trailers will be located, i.e. on the island Facilities Site or at the Ancillary
Facilities site.
2. It is noted on page 5 of Exhibit 12 that [t]he Applicant will become a member of Dig
Safely New York and will require all contractors, excavators and operators associated
with its facilities to comply with the requirements in 16 NYCRR Part 753. However, as
discussed in Section (c) below, no existing utility transmission lines or distribution
systems are currently located on the Facility Site. It should be noted that there are
existing utilities located on the Madison Barracks property, which is the site of a
proposed construction staging area, and therefore, 16 NYCRR 1001.12(b)(1), the
Applicant will be required to conform to requirements for protection of underground
facilities contained in Public Service Law 19-b, as implemented by 16 NYCRR Part
753.
3. DPS advises that underground utilities exist on the Madison Barracks construction
staging area site. Per 16 NYCRR 1001.12(c), Exhibit 12 shall contain [p]reliminary
plans and descriptions indicating design, location and construction controls to avoid
interference with existing utility transmission and distribution systems, indicating
locationsand ways to minimize interference where avoidance cannot be reasonably
achieved. The above information should be described in the Application regarding any
preparation activities (grading, top soil stripping, etc.) that could potentially affect
existing utilities along the Madison Barracks staging area.
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Exhibit 13 Real Property
1. 16 NYCRR 1001.13(a) and Stipulation 13(a): Regulation requires a survey of the facility
site; the Stipulation requires that [d]ata for this map will be obtained from a boundary
survey of the properties in addition to the Jefferson County Real Property Department
(parcels) along with the United States Census Bureau (TIGER/line files) and the NYS GIS
Clearinghouse. The Exhibit makes no reference to a property boundary survey of any
parcel. Property survey(s) must be provided as per the terms of Stipulation 13(a).
2. Mapping of ancillary facilities at Madison Barracks, Village of Sackets Harbor (Figure 4-5:
Tax Parcels Sheet 3 of 5) indicates facilities locations on tax parcels not indicated as
ancillary facilities properties at corresponding Exhibit 13-Real Property. The two exhibits
must be reviewed and revised as appropriate to demonstrate the proposed ancillary
facilities locations, appropriate tax parcels involved, and the nature of rights to be acquired,
including for construction worker parking, and access from parking areas to point-of-
embarkation. (The mapping should also indicate ownership of any boat marina or docking
features to be used for employee transit to the Galloo Island facilities site.)
Exhibit 19 - Noise and Vibration
1. 16 NYCRR 1001.19 (b): L90 ambient noise levels: As required by Stipulation 19 (f)(1),
(2), and (3), report the lower tenth percentile (L90) of sound levels measured during the
time period of interest (daytime summer, daytime winter, summer nighttime, and winter
nighttime), not an average of all 10-minute samples. Since the sound information was
also collected in 1-second intervals, it should be reprocessed to calculate the noise levels
required by these sections. In addition, as required by Stipulation 19 (b) the pre-
construction L90 sound levels should be calculated by following ANSI/ASA
S3/SC1.100-2014 Section 5.6 which requires "the arithmetic mean of the daily minimum
of the hourly percentile levels for the time period of interest average over the days of
measurement, which shall, at a minimum, be a continuous 7-day-long period," not an
average of all 10-minute samples. Therefore, collected 1-second information should be
reprocessed to calculate the minimum L90 for every hour of each day (daytime or
nighttime) so that an arithmetic mean of the lowest L-90 1-hour (for each day and night)
can be calculated for the times and season required by the stipulations (winter, summer,
year, etc.). 2
2
Per Stipulation 19 (b) "The pre-construction ambient noise levels at the Facility site and
potentially impacted receptors will be evaluated in accordance with the requirements of these
stipulations and applicable portions of ANSI Standards S12.100-2014, S12.9 Part 2-1992 R-
2013, and S1.13-2005 (R-2010)". However, exhibit 19, page 1, states that "Sound monitoring
was done in accordance with ANSI S12.18, as appropriate". In particular, Exhibit 19, Page 4,
-7-
In addition, the PSLIA reports monitored sound pressure levels as a function of hub
height wind speed in Figures 8-1 and 8-2 but states: Hub height wind speeds below the
cut-in turbine speed of 4 m/s were omitted (Section 8.6). However, 16 NYCRR
1001.19, Stipulation 19, and the standards adopted for the project do not require the
exclusion of pre-construction ambient baseline noise levels for wind speeds lower than
the cut-in wind speed for the turbine model used in the Application. In addition,
Stipulation 19 (f) requires calculations including and excluding the periods when the
turbines will not be operating for operational (not ambient) yearly calculations.
Consequently, updated figures 8-1 and 8-2 to report all omitted monitored pre-
construction sound levels must be provided. If the pre-construction data has also been
excluded from calculation of the pre-construction sound levels required by Stipulations
19 (f) (1) - (9), the Applicant must recalculate the pre-construction sound levels to
include omitted data and update the results reported in tables 8-1 to 8-5 in the PSLIA.
2. 16 NYCRR 1001.19 (b): Temporal Accuracy: Calculation of temporal accuracy has

been performed for the Leq and the L90 10-minute noise descriptors, not for the time
intervals required by 16 NYCRR 1001.19 exhibit 19 (f). The confidence intervals
should be recalculated for the specified time periods (nighttime, daytime, summer,
winter, year). In particular, the statistical samples should be the single L90 sound levels
for each daytime period (15-hours) and each nighttime period (9-hours) for each day of
the surveys conducted both in summer and in winter, as well as for the two seasons
together. 3
reports that the data shown on tables 19-1, 19-2, and 19-3, are average sound pressure levels at
preconstruction monitoring locations. The same section also states that "(...) statistical averages
were calculated for the entire dataset, including daytime, nighttime, and both seasons for the Leq
and L90 sound levels". Other requirements such as the use of the ANS-weighted metric and
application of exclusions should be maintained. It is expected that both the L-90 sound levels
calculated as required by Stipulations 19 (f) (1), (2), and (3), and as required by ANSI/ASA
S3/SC1.100-2014, may be lower than those shown on Tables 19-1, 19-2, and 19-3 of the
Application. Consequently, worst-case sound levels reported in Exhibit 19, Tables 19-11, 19-12
and 19-13 may also be lower. This also applies to tables 8-1, 8-2, 8-5, G-2A, and G-2B in the
PSLIA (Preconstruction Sound Level Impact Assessment).
3
For example, for a 7-day long seasonal survey, the daytime and nighttime collections for the
winter and summer will be composed by seven data numbers each while the "year" data
collection will be composed by fourteen data numbers. For an illustration of the issue, see data
tables in Appendix C of ANSI 12.9-1992 Part 2 (R-2013) where statistical analysis is applied to
the DNL data samples (that correspond to the 24-hour duration day-and-night sound levels) not
to shorter data-collection periods.
-8-
3. 16 NYCRR 1001.19 (b): L90 Graphic Noise Results: The results for the L90 noise
descriptor are not presented as required by Stipulation 19 (b). Therefore, the 1-second
full-octave and one-third octave band information should be reprocessed to recalculate
and report the L90 statistical noise descriptor as a function of frequency (after
exclusions). Figures 7-5, 7-6, 7-9, 7-10,7-13, and 7-14 in the PSLIA, show the
logarithmic average of the Leq-10-minute Sound Pressure Levels as a function of
frequency (full-octave and one-third-octave band basis), but not the results of the L90
noise descriptor.
4. 16 NYCRR 1001.19 (c): Construction Noise: Estimates of future construction noise

levels at potentially impacted and representative noise receptors do not include sound
emissions from blasting operations. Therefore, calculations for noise levels from
excavation should be supplemented to also include sound levels from blasting operations
for the sound sensitive receptors listed in Stipulation 19 (a) (3). 4
In addition, calculations of construction sound levels at sensitive receptors (Tables 11-2a,

11-2b, 11-2c, and 11-3) should include the highest number of turbines that will
simultaneously be built per the construction schedule. This also applies to Tables 19-6
and 19-7 in Exhibit 19. See section 10 below with comments on spreadsheet calculations
to conform with stipulation (e)(4) that may also be applicable to construction noise
spreadsheet calculations. 5
5. 16 NYCRR 1001.19 (d)(3): Weather and Sound Data. Report the data required by
Stipulation (d)(3): one full year of meteorological data and sound levels for each hour of
the year for evaluated receptors.
6. 16 NYCRR 1001.19 (d)(4): Emergency Generator: Section 9.2.3. of the PSLIA states:
For these reasons, sound levels from the operation of the emergency generator were not
4
Calculations should include considerations of decay rate and propagation above water bodies
and indicate whether blasting operations will be audible at sound sensitive receptors listed in
Stipulation 19 (a) (3).
5
In particular, section 11 of the PSLIA states: "Full construction activity will generally occur at
one wind turbine site at a time, although there will be some overlap at adjacent sites for
maximum efficiency." Consequently, estimates of construction sound levels are based upon the
sound emissions from one or at most two of the closest turbines as related to the receptor being
evaluated. However, based on the information included in the Application, construction might
need to take place on more than two turbine locations simultaneously so that the entire project
can be built in the specified construction schedule. As specified in section 11 of the PSLIA:
"Construction is expected to occur from approximately April to November at turbine sites.
Construction of each wind turbine from excavation to foundation pouring to turbine erection is
roughly a 90-day process."
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included in the site-wide model." As required by Stipulation 19 (d)(4), "[t]he model will
also include relevant noise sources from substations, ancillary equipment and emergency
generators, if any." The Application should be supplemented to include at a minimum,
sound modeling and noise contours for the area where sound levels from the emergency
generator are relevant (e.g. O&M building and adjacencies).
7. 16 NYCRR 1001.19 (d)(5): Propagation of Sounds Above Water: As required by

Stipulation (d) (5), "[a] discussion and literature review regarding accuracy of the ISO
9613-2 and CONCAWE proposed noise models and more specifically to the propagation
of sound above water bodies at near and far distances will be included in the Article 10
Application. This will include an analysis and discussion of validity of results. The
Application will include a brief discussion about the correlation between measurements
and predictions for documented cases as compared to other alternatives, if available."
DPS suggests that the Application discuss the references indicated below 6 and provide
estimates of the corrections to be applied on ISO-9613-2 and CONCAWE results to
improve the validity of results, as necessary. 78
8. 16 NYCRR 1001.19 (d)(7): Corrected and Uncorrected Sound Results: Section (7),
Exhibit 19, Page 15 states: "Therefore, CONCAWE modeled results that exceed ISO
9613-2 modeled results are considered overly conservative and were replaced by the ISO
9613-2 results for that particular meteorological condition. This resulted in adjustments to
6
References: Sound Propagation Modelling for Offshore Wind Farms. Technical Evaluation.
Project: 114-362. Prepared for Ministry of the Environment and Climate Change by: Valcoustics
Canada Ltd. June 1, 2016. Available at: https://www.ontario.ca/page/sound-propagation-
modelling-offshore-wind-farms-technical-evaluation; Assessment of noise prediction methods
for long range sound propagation of wind turbines over water; Lukas Mylonas, Bahri Uzunoglu.
Available at:
https://www.researchgate.net/publication/280080657_Assessment_of_noise_prediction_methods
_for_long_range_sound_propagation_of_wind_turbines_over_water?_sm_au_=iVVZR0T1kfbQ
VjjP
ANSI/ASA S12.62 / ISO 9613-2:1996 (MOD) Acoustics Attenuation of Sound Propagation
Outdoors Part 2: General method of Calculation
ISO 9613-2. (1996) Acoustics - Attenuation of sound during propagation outdoors - Part 2
General method of calculation. Geneve: International Organisation for Standardization.
7
The Application contains a very limited discussion about propagation of sounds above water,
only discussing the decay rate for infrasound and low frequency sounds based on two references:
Hubbard-Shepherd and Health Canada. These references are based on sound propagation above
ground, not above water bodies.
8
The application of corrections may result in more realistic sound levels and be more consistent
with the intent of stipulation 15 section (3)(2) which requires "a discussion of the results of
potential sound impacts on sound sensitive receptors identified in Stipulation 19, at a level of
detail that reflects the magnitude, severity and reasonable likelihood of occurrence of impacts."
-10-
the CONCAWE modeled sound levels ranging from 0 to 7 dBA." However uncorrected
sound results and specific corrections are not reported. As required by Stipulation (d)(7)
report all corrections applied to the calculations and all uncorrected results. Information
in tabular format for each specific sensitive sound receptor location listed in stipulation
19 (a)(3) in hourly basis is recommended.
9. 16 NYCRR 1001.19 (e)(3)(ii): Wind Shear and Turbulence Data: Figure 10-1 contains
information designated as "Wind Shear Coefficient by Hour" and specifies that it
corresponds to "a full year at Tower 1330." Information from a second meteorological
tower is not reported. In addition, the Application doesnt report all collected information
for Tower 1330 and doesnt specify whether reported values are arithmetic values or how
they were obtained. As required by Stipulation 19 (e)(3)(ii) report all wind shear and
turbulence data collected or calculated from the two meteorological towers. Information
should be reported in graphical and/or tabular format. 9
10. 16 NYCRR 1001.19 (e)(4): Infrasound and Low Frequency Sound Calculations: The
Application does not include calculations of infrasound for all potentially impacted and
representative noise receptors as listed in Stipulation 19 (a)(3): only for receptors ID # 3,
5,9, Little Galloo, and Calf Island. Therefore, calculations for receptors ID #1, 2, 4, 6, 7,
and 8 must be provided.
11. 16 NYCRR 1001.19 (k)(1): Hearing Loss from Impulsive Noise: The Application
reports that blasting may be needed for excavation but doesnt list the thresholds for
hearing loss for impulsive sounds included in the WHO-1999 guidelines. Provide the
thresholds and a discussion of potential for hearing loss from impulsive noise for the
project.
12. 16 NYCRR 1001.19 (k)(4). As required by Stipulation 19 (k)(4): Community

complaint potential will be evaluated based upon identified factors, thresholds and
guidelines. The review will include but will not be limited to the following references:
NARUC 2011; Pedersen. The review of Pedersens publications in the application does
not list thresholds specific to the relationship between wind turbine noise and annoyance/
complaints as required by Stipulation 19, section (k)(4). In particular, percentages of
annoyance levels should be presented as a function of sound pressure levels. Community
9
Since IEC 61400-11 Part 11 recommends determination of wind speed and turbulence in 10-
minute bins, wind shear should be reported in 10-minute basis as well. This may be plotted in
similar figure to 10-1 in the PSLIA indicating wind-shear-10-minute as a function of the time in
10-minute intervals with a cloud of dots that shows all collected information. Information can
also be presented with graphs of wind-shear-10-minute as a function of wind speed at hub height.
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complaint potential for the project should be evaluated based on identified factors and
sound level forecasts.
In addition, the review of the NARUC-2011 in the Application is very limited. The
guideline is mentioned in Exhibit 19, Section 6, Page 15, as related to the use of a ground
factor of 0.5 and the ISO-9613-2 standard for computer noise modeling but not for other
relevant parameters and assumptions. Further, the computer noise modeling results are
used to evaluate conformance with the 40-dBA ideal design goal and the 45-dBA
proposed regulatory limit but no discussion is included about whether or not the sound
modeling with ISO 9613-2 included in the Application is consistent with the
recommended assumptions and parameters included in the NARUC-2011 guideline. This
discussion must be provided.
13. 16 NYCRR 1001.19 (k)(5): Potential for Structural Damage: Section (k) Exhibit 21
states: If the professional determines that blasting may result in damage to the listed
structures, the Applicant will consider alternative excavation techniques or other
measures to address the impacts". In addition, exhibit 19, page 35 states: "Potential for
any cracks or structural damage due to impact activities during construction will be
analyzed in Exhibits 12 and 21. However, the analysis is not included in the referred
exhibits. Provide the analysis as required by Stipulation (k)(5): "Potential for some
construction activities (such as blasting, pile driving, excavation, horizontal directional
drilling (HDD) or rock hammering, if any) to produce any cracks, settlements or
structural damage on any existing proximal buildings, including any residences and
historical buildings and infrastructure will be analyzed in the Application."
14. 16 NYCRR 1001.19 (k)(6): Potential for Ground-Borne Transmitted Vibrations: Section
4.7 of the PSLIA list four references with findings on ground-borne vibrations for wind
turbine projects: Gastmeier & Howe-2008, MA DEP/Styles 2005, MA DEP/Schofield-
2010, and Epsilon/Nextera 2009. The applicability of each reference to the Project should
be evaluated and described as required by Stipulation 19 (k)(6):"Description of the
validity and applicability of data from other Wind Facilities will include technical
considerations such as similarities between oscillating masses, frequency of rotation,
vibration isolation, foundation, soil type and distances." The inclusion of a comparison
table listing relevant parameters and applicable references is recommended.
15. 16 NYCRR 1001.19 (k)(8): Section 12.7, "Potential Interference with Technology" is
limited to the evaluation of stations from the CTBTO monitoring systems. Consistent
with Stipulation 19 (k)(7), the discussion should be expanded to include at a minimum
the USGS and Canadian CNSN seismic stations.
-12-
16. 16 NYCRR 1001.19 (l): Post-construction Noise Studies and Evaluations. The
application states that "[t]he NARUC study concluded that a planning guideline of 40
dBA is an ideal design goal, and 45 dBA is an appropriate regulatory limit outside a
residence at night." Identified thresholds for minimization of annoyance and complaints
are applicable to both the daytime and nighttime periods. The Application also identifies
the 35-dBA indoor threshold as a daytime threshold for speech intelligibility (WHO
1999). Since both NARUC-2011 and WHO-1999 identify the potential for annoyance
and complaints and speech intelligibility as daytime issues, provide proposed design
goals for identified thresholds for the daytime period as required by Stipulation (19)(l).
17. 16 NYCRR 1001.19 (o)(2): Receptor IDs: Sound discrete receptors are listed in section
3.0 of the PSLIA, but not labeled as required by Stipulation 19 (o)(2). Further, no cross-
reference table between the list and the sound receptors identified in Figure 3-1 of the
PSLIA is included. In addition, receptor signifiers for noise and shadow flicker are not
correlated in the Application. As required by Stipulation 19 (o)(2), provide the
information described.
18. 16 NYCRR 1001.19 (o)(2): Data Identification: Tables with updated pre-construction
ambient sound levels (L90) and future noise levels updated as discussed in section 19(1)
above, should follow the recommendations for identification included in Stipulation 19
(o) (3).
Exhibit 20 - Cultural Resources (and Appendix U Historic Resources Visual Effects

Analysis)
1. Review of Appendix U indicates that there is a discrepancy of Visual Effects review for
the NRHP-listed Galloo Island Lighthouse. At page 22, Appendix U states Viewpoints
58 and 120 are located on Lake Ontario, immediately southwest of the Galloo Island
shoreline, approximately 0.5-mile from the nearest proposed turbine (See Inset 2 and
Appendix B, Sheets 61-63). Review of Inset 2 (Fig. 4) only shows the location of VP
58; and Appendix B, Sheets 61-63 shows view from VP 124 to proposed O&M site and
Coast Guard station. Pages 58-60 show the views from VP 120 to the Galloo Island
Lighthouse, however the location of VP 120 is not indicated on Inset 2.
a. Provide a revised Inset 2 figure showing the locations of VP 58, VP 120, and the
precise location of the Galloo Island Lighthouse.
b. Provide simulations for VP 58, or confirm that Viewpoint 58 photograph and
photosimulation are represented by Viewpoint 120 to demonstrate Project
Facilities in relation to the Galloo Island Light House as viewed from southwest
of Galloo Island.
-13-
2. The Application Exhibit 20 does not provide a sufficient discussion of potential for
ground disturbance or archeological impacts of the construction of the proposed Launch
Ramp and Dock, access way and Parking Area driveway improvements, or Construction
Trailer utility connections, that may be necessary for the Ancillary Facilities proposed to
be installed at the Madison Barracks. Additional information regarding installation of
these facilities, and review by the State Historic Preservation Office, must be provided.
Exhibit 21 Geology, Seismology, and Soils
1. 16 NYCRR 1001.21(d): The Application does not provide a preliminary calculation of

the amount of gravel that will be brought into the facility site. Provide the required
estimate.
2. 16 NYCRR 1001.21(g): The Application does not provide a delineation of temporary

cut/fill storage areas. Provide the required delineations.
3. 16 NYCRR 1001.21(i): The preliminary blasting plan included as Appendix W of the

Application does not provide the following required information:
a. hours of blasting operations;
b. estimates of amounts of rock to be blasted;
c. description of coordination with local safety officials.
d. procedures for notifying adjacent owners/operators of proposed blasting activities,
except for operations immediately adjacent to overhead structures.
Provide the required information as listed above.
4. 16 NYCRR 1001.21(p): While the Application addresses potential temporary dewatering

practices that may be required during construction, it does not provide a statement of
whether any below-grade facility components will require continuous dewatering during
operation. This information must be provided.
5. 16 NYCRR 1001.21(q): The Application does not include vertical profiles showing soils,
bedrock, water table, seasonal high groundwater, and typical foundation depths. The
required information must be provided.
Exhibit 22 Terrestrial Ecology and Wetlands
1. 16 NYCRR 1001.22(f)(3): The Application states, but does not fully explain why areas
of pale-swallow-wort infestations are poor quality habitat. The Application should
elaborate why infested areas make for poor habitat and for which species the discussion
pertains.
-14-
2. 16 NYCRR 1001.22(f): The Application states, but does not fully explain why impacts
to Bald Eagles will likely be low for the Facility and at levels consistent with a stable or
increasing local area population. The Application should provide an expanded narrative
that explains this assertion and ties to the discussion of bald eagle presence and take in
the Article 11 application.
3. 16 NYCRR 1001.22(f): The Application, on page 40 asserts that it is likely that the
project will not result in taking of northern harrier. The Article 11 Application
(Appendix D) Table E.1 identifies 3 potentially impacted northern harrier. The
Application should explain and/or reconcile the difference.
4. 16 NYCRR 1001.22(f): The Application states on page 41 that the majority of short
eared owl habitat is infested with pale swallow-wort. Page 12 of the Article 11 permit
application states, the effect of the swallow-wort invasion on habitat suitability for
short-eared owl is unknown. The Application should clarify the significance of pale
swallow-wort infestation on short eared owl habitat.
5. 16 NYCRR 1001.22(f): The Application on page 41 provides an estimated take of

possibly one short-eared owl for the life of the Facility. The Article 11 Application
(Appendix D) Table E.1 identifies 2 potentially impacted short eared owls. The
Application should explain and/or reconcile the difference.
6. 16 NYCRR 1001.22(f): The Application on page 51 states that eleven avian species
with SGCN-HP were identified during site surveys and asserts that these species
population sizes and behaviors make them low risk. The Application should provide a
discussion that supports and explains why those species population sizes and behaviors
make them low risk.
7. The New York State Department of Environmental Conservation advises that section
(Exhibit) 22 (h) (3) of the stipulations states that the Applicant shall submit the
components of an incidental take permit under 6 NYCRR 182.11. Under Section
182.11, an application must include an endangered or threatened species mitigation plan
as described in subdivision (d) of this section. Subdivision d provides as follows: The
endangered or threatened species mitigation plan required by this section shall include:
(1) the measures the applicant will undertake to minimize and fully mitigate impacts to
any species listed as endangered or threatened in this Part for which the incidental take
permit application is being submitted. The Application does not contain proposed
mitigation for unavoidable impacts to bald eagles as a result of the construction and
operations of the Facility. Please provide a mitigation plan.
-15-
8. The New York State Department of Environmental Conservation advises that under
Stipulation section 22 (h)(1) requires the Applicant to submit [a] description of the
anticipated impacts to avian and bat species and their habitats, based on information
collected on site between 2007-2016, any other publicly available avian and bat data
collected at nearby wind projects, and any information provided by NYSDEC, will be
included. The Northern long eared bat (NLEB) take estimate relies upon data that is not
publicly available. The data provided related to the take estimate for the Northern Long
Eared Bat (NLEB) species is data produced by wind developers under a cooperative
agreement with the Pennsylvania Game Commission (PGC) and is not publicly available
for review and verifiable. Please provide an estimate for expected take of NLEB species
based on the sources required by the stipulation and indicate with specificity what
sources the applicant is relying on.
9. The New York State Department of Environmental Conservation advises that Section
1001.22(h)(3), Exhibit 22 requires the Applicant for a wind facility to submit a plan to
avoid or, where unavoidable, minimize and mitigate any such impacts during
construction and operation of the facility based on existing information, the results of pre-
and post-construction monitoring, and any known post-construction impacts that may
occur. The applicant has not provided a plan for complete avoidance (e.g., a plan to
manage cut-in speeds for complete avoidance) or explained why impacts are unavoidable.
Please provide an alternative for complete avoidance utilizing appropriate cut in speed
regimes or an explanation why they are not feasible. (See, Recommended Decision in
Cassadaga Wind, LLC, Case No. 14-F-0490, Issued November 8, 2017, p. 59-74.)
Exhibit 24 Visual Resources (and Appendix II Visual Impact Assessment Report)
1. Viewshed Overlay Maps, Sheets 1-4, each show either VP 58 or VP 120, but not both VP
58 and 120 on any one sheet. Provide revised Viewshed Overlay Maps, Sheets 1-4,
showing both VP 58 and VP 120 on all four Sheets.
2. 16 NYCRR 1001.24(b)(7) and Stipulation 24(b)(7) require A narrative description of the

existing view and overall visual effect representing the nature and degree of visual
change resulting from construction and operation of the Facility on scenic resources and
viewers represented by each of the selected viewpoints using comments provided by the
rating panel members. The Application provides one paragraph describing Viewpoints
7,12, 22, 41, 51 and 94, which are noted as the lowest-rated visual contrast viewpoint
locations. Descriptions of the visual effects of the facilities on the 16 other simulation
viewpoints omitted from the required narrative must be provided. Furthermore, Ex. 24
Table 24-5 (and related Table 7 in Appendix II) does not provide a listing for Viewpoint
58: this Table should also be amended to include that omitted simulation viewpoint,
-16-
which most closely represents public views of the National Register of Historic Places-
listed Galloo Island Lighthouse and Keepers Quarters.
3. Appendix JJ, Section 5.6 Visual Impact During Construction:

a. At page 105: provide the number missing from the statement regarding duration
of construction (lasting no more than ___ months).
b. Section 5.6 does not include a discussion of construction phase effects at the
Madison Barracks parking, staging, transport ancillary and construction
trailer/contractor support facilities. Description and characterization of impacts
associated with this aspect of construction must be provided.
Exhibit 25 Effect on Transportation
1. 16 NYCRR 1001.25(e) requires an analysis and evaluation of the impacts of the facility
on airports and airstrips and any other mass transit systems in the vicinity of the facility.
The analysis and evaluation shall include impacts on military training and frequent
military operations in the National Airspace System and Special Use Airspace designated
by the Federal Aviation Administration. 16 NYCRR 1001.25(f)(1) requires a statement
that an applicant has received an informal or formal Department of Defense (DoD)
review of the proposed construction or alteration in accordance with 32 Code of Federal
Regulations, Section 211.7 or Section 211.6 respectively. 16 NYCRR 1001.25(f)(3)
requires an applicant to include a detailed description of the responses received in such
reviews and consultations required by the subdivision.
The Applicants September 25, 2017 filing included a discussion of the Federal Aviation
Authoritys (FAA) required submission of a Notice of Proposed Construction pursuant to
49 USC 44718 and 14 CFR Part 77 and the types of determinations the FAA may issue.
However, the September 25 filing did not include a copy of the FAA determination and
only indicated such a document would be forthcoming. The September 25, 2017 filing
did include a statement regarding the Applicants receipt of an informal review of the
proposed project by the DoD but did not include a copy of the response. On October 13,
2017, the Applicant provided a copy of both the DoD and the FAA determinations.
However, the Applicant has not provided a complete description of the DoD informal
review required by 16 NYCRR 1001.25(f)(3) or an analysis of the FAA determination of
no hazard; the conditions contained there; or the significance to the Proposed Project of
such conditions as required by 16 NYCRR 1001.25(e).
Specifically, the Applicants September 25, 2017 Exhibit 25 section states ambiguously
that it is possible that the turbines would be compatible with a high-speed training route
used by the New York Air National Guard. The Applicant has not provided any
indication of the design requirements or other conditions that would ensure the Proposed
-17-
Project is compatible with the activities of the New York National Guard. An analysis
and evaluation of the FAA determination and any impacts it or the conditions therein may
have is also lacking. Further, although the Application contains a brief statement
regarding the DoD informal review, it fails to provide a detailed description of the DoD
response. The Application indicates the Proposed Project will only have minimal
impact on military training, operations and testing in the project area but does not
provide any description or analysis of what the minimal impacts could be or whether
those impacts can be avoided entirely.
The Applicant should provide all documents between the Applicant and the FAA and the
DoD including but not limited to: emails, letters, correspondences etc. and an explanation
of the implications for the Proposed Project of any conditions or contingencies contained
in those responses.
Exhibit 27 Socioeconomic Effects
1. Stipulation 27(a): The information provided in the Application insufficiently addresses

what is required per the stipulation. Provide an estimate of the peak construction
employment level.
2. Stipulation 27(c): The information provided in the Application insufficiently addresses

what is required per the stipulation. Provide an explanation of the basis of any economic
multiplier factor or other assumption used.
Exhibit 31 Local Laws and Ordinances
1. 16 NYCRR 1001.31(a) and (d): the Application is silent regarding applicability of

Village of Sackets Harbor Zoning and Subdivision Code Article III 3-9 Mobile Home
and Construction Trailer Regulations, part C - Construction Trailers. Application
Appendix J, Preliminary Site Plans Figure C-101 Madison Barracks Temporary
Improvements, indicates a 12 X 40 Construction Trailer is proposed at the
southwesterly end of the construction worker parking area improvements. The Applicant
must provide additional information as required by 16 NYCRR 1001.31(a) and (d)
regarding the proposed location, use and occupancy, including duration of construction
period use, for this Project ancillary facility.
2. Application is silent regarding applicability of Village of Sackets Harbor Zoning and

Subdivision Code Article III 3-5 DRIVEWAYS. Additional information must be
provided regarding the access and egress driveways associated with the proposed Project
Madison Barracks temporary worker parking ancillary facility.
-18-
3. 16 NYCRR 1001.31(f) and (g): Application states the Facility will not be connecting to
any public water, sewer, telecommunication and/or steam lines that are in public rights-
of-way (Ex. 31, pg. 5,) Applicant must identify needs for Madison Barracks Temporary
Improvements construction trailer service connections for water, sewer, electric, etc.,
whether located in public rights-of-way or outside. Identify location and extent of
potential ground disruptions for installations and connections to underground utilities.
4. Per the Town of Hounsfield Zoning Law Regulations Concerning Specific Uses,
Section 630 (C), No Junkyard or Excavation shall be located within fifteen hundred feet
(1,500) of any adjoining property Line, or within fifteen hundred feet (1,500) of any
Dwelling Unit (except that belonging to the owner of the Junkyard), public park, church,
educational facility, nursing home, public Building or other place of public gathering or
any stream, lake, pond, wetland or other body of water. The Zoning code defines
excavation as the following: The process of removal or recovery by whatever means of
stone, minerals, sand, gravel, organic matters other than vegetation or soil for sale, as an
industrial or commercial operation. Site plans show the borrow pit, or excavation area
being approximately seven-hundred and fifty feet from Lake Ontario. Additionally, the
excavation area is located 400 feet from the adjoining property lines parcels including the
US of America, US Coast Guard, and approximately 1,200 feet from adjoining property
owned by NYSDEC. The excavation area is also within 1,000 feet of NYSDEC mapped
wetland GL-1. Page 1 of Exhibit 31 states the following: [t]he Applicant has not
identified any local substantive ordinances or laws that they anticipate requesting the
Board not apply and is not seeking any waivers from the Siting Board. As proposed the
borrow pit does not conform with the Town of Hounsfield Zoning Law Regulations
Concerning Specific Uses, Section 630 (C). Identify an alternative location that
conforms to the setback requirements or request a waiver from this local code restriction,
and provide associated analysis supporting the request.
Exhibit 33 Other Filings
1. 16 NYCRR 1001.33(a) Other Applications or Filings Concerning the Subject Matter of

the Proceeding: this section does not identify the need for the facility and related
transmission facility (subject to pending Article VII proceeding) to seek and obtain
Certificate of Public Convenience and Necessity from the Public Service Commission
pursuant to PSL 68 (although Exhibit 32 does list PSL 68 for both procedural and
substantive requirements showings in Article 10 application).
2. 16 NYCRR 1001.33(b) Federal Permits, Consents, Approvals, or Licenses Required

for Construction or Operation: Table 33-2 in this section reports Anticipated
-19-
Application Dates that have all passed: this table should be updated to report actual
projected future filing dates.
-20-
ATTACHMENT A
Case 15-F-0327 GALLOO ISLAND WIND Application Completeness Review

Coastal Consistency Review and Local Waterfront Revitalization Program Review
Based on Application at APPENDIX D
I. COASTAL CONSISTENCY REVIEW table for the NYS COASTAL

MANAGEMENT PROGRAM
Policy 2: Facilitate the siting of water dependent uses and facilities on or adjacent to coastal
waters.
Application coastal policy review is incomplete because it does not include proposed
O&M building docking structures at Galloo Island; or development of worker parking and
waterfront access areas at Sackets Harbor Barracks grounds and Marina.
Policy 4: Strengthen the economic base of smaller harbor areas by encouraging the
development and enhancement of those traditional uses and activities which have provided
such areas with their unique maritime identity.
Application does not address use of Sackets Harbor Barracks Marina area for
development of worker parking area, equipment transport or boat landing docks. Applicant must
address Policy 2 Guidelines 1, 2, 3, and 6.
Policy 15: Mining, excavation or dredging in coastal waters shall not significantly
interfere with the natural coastal processes which supply beach materials to land adjacent
to such waters and shall be undertaken in a manner which will not cause an increase in
erosion of such land.
Application only addresses the temporary barge landing site under this policy discussion.
Related Policy 17 indicates that the related underwater transmission line will involve trenching
of the lake bed within coastal waters. Furthermore, the Application is silent as to improvements,
potentially including dredging, to support installation of ancillary facilities such as docking
upgrade at O&M dock or barge landing support infrastructure at Madison Barracks access point.
Additional consideration of those activities is needed.
Policy 23: Protect, enhance and restore structures, districts, areas or sites that are of
significance in the history, architecture, archaeology or culture of the State, its
communities, or the Nation.
-21-
Application does not indicate that the Project will protect, enhance and restore
structures that are significant in the history, architectureor culture of the State, its
communities, or the Nation. The Project will likely have adverse effects on the setting of the
NRHP-listed Galloo Island lighthouse and keepers quarters. Appendix D states that impacts are
reported in Ex. 20, Appendix T and Appendix JJ. [Note: The visual affect ratings for views of
the Project in the vicinity of the NRHP Lighthouse included at Appendix JJ rank among the five
highest viewpoint contrast ratings for the Project.] Further, potential earth disturbance at the
Sackets Harbor Barracks associated with development and use ancillary facilities is not
addressed in this policy review. A detailed review of the Project in terms of the significant
adverse change criteria in Policy 23 must be provided.
Policy 24: Prevent impairment of scenic resources of statewide significance.
The Application addresses efforts to minimize impacts on some resources, but does not
address the explicit requirement in Policy 24 to prevent impairment of scenic areas of
statewide significance. Specific description of impact avoidance measures and alternatives that
would prevent potential impairment must be provided for identified scenic resources of statewide
significance identified in the Application as having more than minimal visual impact contrast
ratings.
Policy 26: Conserve and protect agricultural lands in the State's coastal area.
The Application asserts that this policy provision is not applicable. The Project Facilities
Site on Galloo Island facilities site includes significant areas- in excess of 50 acres total - of soils
identified as prime farmland soils or farmland soils of statewide importance. The applicant must
provide additional analysis regarding conservation and protection of important farmland soils on
the Facilities Site to address the showing necessary for this Policy provision.
Policy 39: The transport, storage, treatment and disposal of solid wastes, particularly
hazardous wastes, within coastal areas will be conducted in such a manner so as to protect
groundwater and surface water supplies, significant fish and wildlife habitats, recreation
areas, important agricultural land, and scenic resources.
The policy explanation in NYS DOS State Coastal Policies document states that solid
wastes include demolition and construction debris (NYS DOS State Coastal Policies, June
2017, pp. 46-47). Transport and disposal of site clearing debris at the Galloo Island Facilities
sites, and construction debris associated with site development and Project construction at the
Facilities Site and ancillary facilities site must be addressed in a revised policy review for the
Project.
-22-
II. VILLAGE OF SACKETS HARBOR LOCAL WATERFRONT

REVITALIZATION PROGRAM (LWRP) CONSISTENCY REVIEW
Policy 19 PROTECT, MAINTAIN AND INCREASE THE LEVELS AND TYPES OF

ACCESS TO PUBLIC WATER-RELATED RECREATION RESOURCES AND
FACILITIES
The Application states that this policy is not applicable. Review of the policy should
be provided, including consideration of the proposed Ancillary Facilities including new worker
parking area(s); and rehabilitation or development of access way and boat landing features at the
Madison Barracks marina location; and an explanation of how conflicts with the policy
provisions are avoided in project planning, design and construction period controls.
Policy 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF

PETROLEUM AND OTHER HAZARDOUS MATERIALS WILL BE CONDUCTED IN
A MANNER THAT WILL PREVENT OR AT LEAST MINIMIZE SPILLS INTO
COASTAL WATERS.
The application states that this policy is not applicable but does not explain whether
petroleum for fueling on-island construction activities and equipment will be transported via the
proposed upgraded access and barge loading ancillary facilities at the Madison Barracks marina
area. Review of this policy must be provided that considers potential effects and identifies
measures appropriate to avoiding or minimizing spills of such petroleum products that will be
applied to any such transfer, transport and delivery.
-23-
ATTACHMENT B
Supplemental Information Required to be Submitted
General Comments
1. The Applicant refers to a toll-free number in Complaint Resolution Plan (Appendix M),
but the number is not provided. The toll-free number should be included throughout the
Application and in notification materials wherever contact information is listed.
Exhibit 2 Overview and Public Involvement
1. 16 NYCRR 1001.2 (d): Section D notes that the Applicant will maintain an email log
with responses to suggestions and written comments or questions. The Applicant does
not indicate how and when it will provide a copy of the log to DPS, interested parties,
and/or the public.
Exhibit 3 Location of Facilities
1. Provide a map and GIS shapefiles indicating the location and height of existing
meteorological towers at the Project facilities site.
Exhibit 4 Land Use
1. Provide additional information regarding other existing land uses on the facility site,
including location and nature of airplane hangar(s) and landing strip; Gill Harbor
facilities; and beach area and pavilion structures at the northwestern area of Galloo Island
(traditionally used by charter fishermen for shore dinners) and indicate whether
development of the Wind Energy Facilities will affect these uses.
2. Describe how the proposed Wind Energy Facility comports with provisions of Town of
Hounsfield Zoning Law for Marine District that purport to promote agricultural,
recreational, rural, residential, and open space uses to enhance scenic, natural and
recreational opportunities (Application, Ex. 4, section (d), page 7).
3. Although the regulations do not require detailed design drawings for

underground/overhead 34.5kV collection lines specific to Wind/Solar facilities, Staff
requests that these details (cable type, size, OH structure type, etc.) be provided.
4. Figure 4-8 mapping of trails at NYS Parks is obscured by labels and is presented at too
small a scale to legibly indicate trails locations. Provide detail figures for Westcott
Beach, Robert Wehle and Southwick Beach State Parks at a reasonable scale for
-24-
indicating the location and orientation of trails and related features (Ex 4(h) Map of
Recreational Areas and Other Sensitive Land Uses).
5. Text describes four LWRP communities in the study area, however mapping at Exhibit 4
only shows extent of LWRP at Sackets Harbor (Fig. 4-7, Sheet 2 of 2). Provide location
mapping of all LWRP locations in the Project Study Areas.
6. 16 NYCRR 1001.9(c )(4) and stipulation 9(c)(4) requires A discussion ofalternate

layouts on Galloo Island. The proposed turbine layout involves several turbines that are
close to the external boundary of the host parcel, where the turbine fall-down distance
presents risk of turbine nacelles landing at off-shore locations within the public lands of
the State of New York. Analysis of two alternative layouts must be provided for designs
that would, in the event of turbine tower or foundation failure, contain entirely within the
facility site (1) turbine nacelles; and (2) turbine nacelles and blades to tip height.
7. Discussion of Ancillary Facilities at Madison Barracks (Ex. 3 and 4): It is not clear what
activities to be undertaken by whom. The Application must be specific as to
owner/others who will be doing improvements, and by what authority. Applicant must
also clarify if access way is on private or public streets and ways.
Exhibit 12 Construction
1. The Stakeholder Management section of the Project Execution Plan (Appendix L)

should include information on how and when the Applicant will communicate with
stakeholders about construction activities and applicable safety and security measures.
Exhibit 15 - Public Health and Safety
1. Section e(1) notes that the Applicant will have procedures in place in the event of blade
throw, including notification of officials. This section should reference the location of
the procedures in the Application and the plan needs to clearly identify which State and
local officials will be notified.
Exhibit 19 - Noise and Vibration
1. 16 NYCRR 1001.19 (g)(1). Daytime goals: Speech Intelligibility indoor and outdoor
limits as recommended by WHO-1999 for the daytime should be adopted as goals. The
application states that the threshold is "equivalent to approximately 50 dBA Leq
outdoors". A discussion about whether relevant sensitive receptor buildings may provide
a 15-dBA outdoor to indoor noise attenuation for wind turbine noise should be included.
-25-
Exhibit 29 Site restoration and Decommissioning
1. Stipulation 29(b): The decommissioning plan provides for notification to the Town prior
to the start of restoration, but should include notification to landowners and municipal
officials prior to decommissioning activities.
Exhibit 34 Electric Interconnection
1. Regarding collection line cable installation, it is noted on page 2 of Exhibit 34 that

[d]irect burial will involve the installation of bundled cable (electrical and fiber optic
bundles) directly into a rip in the ground created by the plow, saw blade or rock wheel.
The rip disturbs an area up to 24 inches wide with bundled cable installed to a minimum
depth of 36 inches in most areas. Exhibit 2 of the Application notes that there is
approximately 165 acres of the property has been used for agricultural activity (i.e.,
growing hay to maintain recreational hunting on the property). It should be noted that the
New York State Department of Agriculture and Markets Guidelines for Agricultural
Mitigation for Wind Power Projects calls a minimum forty-eight inches of cover for all
buried electric cables in cropland, hay land and improved pasture. Therefore, any electric
installations along this land should be provided with at least forty-eight inches of cover.
This depth should be specified in the Application.
-26-

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John B.

November 24, 2017

James A. Muscato II, Esq.

Dear Mr. Muscato:

Please contact me if I can be of any further assistance.

1. Terms of Stipulation - Stipulations, p. 4, Clause 6: The Stipulation requires that GIS

2. For all of the following exhibit-specific deficiencies, if information meeting the

Exhibit 2 Overview and Public Involvement

Exhibit 3 Location of Facilities

1. 16 NYRR 1001.3(a)(4): (and Stipulation 3(a)(4)): Regulation requires mapping of the

2. 16 NYRR 1001.3(b): Regulation requires mapping of the location of the proposed

Exhibit 4 Land Use

1. The drawing titled Madison Barracks Temporary Improvement, included in Appendix J

Exhibit 5 Electric System Effects

3. 16 NYCRR 1001.5(h)(1): The Application indicates that the Interconnection Substation

Exhibit 11 Preliminary Design Drawings

3. 16 NYCRR 1001.11(d), requires that Exhibit 11 shall contain a landscaping plan

4. Stipulation 11(f) requires a preliminary schematic of the substation shall be provided

5. 16 NYCRR 1001.11(f) architectural drawings and details of buildings and structures.

The Complaint Resolution Plan should include a method to receive complaints

Exhibit 13 Real Property

Exhibit 19 - Noise and Vibration

2. 16 NYCRR 1001.19 (b): Temporal Accuracy: Calculation of temporal accuracy has

4. 16 NYCRR 1001.19 (c): Construction Noise: Estimates of future construction noise

In addition, calculations of construction sound levels at sensitive receptors (Tables 11-2a,

7. 16 NYCRR 1001.19 (d)(5): Propagation of Sounds Above Water: As required by

12. 16 NYCRR 1001.19 (k)(4). As required by Stipulation 19 (k)(4): Community

Exhibit 20 - Cultural Resources (and Appendix U Historic Resources Visual Effects

Exhibit 21 Geology, Seismology, and Soils

1. 16 NYCRR 1001.21(d): The Application does not provide a preliminary calculation of

2. 16 NYCRR 1001.21(g): The Application does not provide a delineation of temporary

3. 16 NYCRR 1001.21(i): The preliminary blasting plan included as Appendix W of the

Provide the required information as listed above.

4. 16 NYCRR 1001.21(p): While the Application addresses potential temporary dewatering

Exhibit 22 Terrestrial Ecology and Wetlands

5. 16 NYCRR 1001.22(f): The Application on page 41 provides an estimated take of

Exhibit 24 Visual Resources (and Appendix II Visual Impact Assessment Report)

2. 16 NYCRR 1001.24(b)(7) and Stipulation 24(b)(7) require A narrative description of the

3. Appendix JJ, Section 5.6 Visual Impact During Construction:

Exhibit 25 Effect on Transportation

Exhibit 27 Socioeconomic Effects

1. Stipulation 27(a): The information provided in the Application insufficiently addresses

2. Stipulation 27(c): The information provided in the Application insufficiently addresses

Exhibit 31 Local Laws and Ordinances

1. 16 NYCRR 1001.31(a) and (d): the Application is silent regarding applicability of

2. Application is silent regarding applicability of Village of Sackets Harbor Zoning and

Exhibit 33 Other Filings

1. 16 NYCRR 1001.33(a) Other Applications or Filings Concerning the Subject Matter of

2. 16 NYCRR 1001.33(b) Federal Permits, Consents, Approvals, or Licenses Required

Case 15-F-0327 GALLOO ISLAND WIND Application Completeness Review

Based on Application at APPENDIX D

I. COASTAL CONSISTENCY REVIEW table for the NYS COASTAL

Policy 24: Prevent impairment of scenic resources of statewide significance.

II. VILLAGE OF SACKETS HARBOR LOCAL WATERFRONT

Policy 19 PROTECT, MAINTAIN AND INCREASE THE LEVELS AND TYPES OF

Policy 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF

Supplemental Information Required to be Submitted

Exhibit 2 Overview and Public Involvement

Exhibit 3 Location of Facilities

Exhibit 4 Land Use

3. Although the regulations do not require detailed design drawings for

6. 16 NYCRR 1001.9(c )(4) and stipulation 9(c)(4) requires A discussion ofalternate

1. The Stakeholder Management section of the Project Execution Plan (Appendix L)