ML12305A338

2012/10/31 Indian Point Lr Hearing - Cricket Valley Feis Section 6

ML12305A338
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Site:	Indian Point
Issue date:	10/31/2012
From:	Office of Nuclear Reactor Regulation
To:	Division of License Renewal
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IPRenewal NPEmails From: Wentzel, Michael Sent: Wednesday, October 31, 2012 12:48 PM To: IPRenewal NPEmails

Subject:

Cricket Valley FEIS Section 6 Attachments: CVE_FEIS_-_Section_6_-_Community_Resources_-_final.pdf Michael Wentzel Project Manager NRR/DLR/RPB2 (301) 415-6459 michael.wentzel@nrc.gov 1

Hearing Identifier: IndianPointUnits2and3NonPublic_EX Email Number: 3897 Mail Envelope Properties (C0A338EE37A11447B136119705BF9A3F0183F7D8AAC4)

Subject:

Cricket Valley FEIS Section 6 Sent Date: 10/31/2012 12:48:17 PM Received Date: 10/31/2012 12:48:22 PM From: Wentzel, Michael Created By: Michael.Wentzel@nrc.gov Recipients:

"IPRenewal NPEmails" <IPRenewal.NPEmails@nrc.gov>

Tracking Status: None Post Office: HQCLSTR02.nrc.gov Files Size Date & Time MESSAGE 154 10/31/2012 12:48:22 PM CVE_FEIS_-_Section_6_-_Community_Resources_-_final.pdf 509279 Options Priority: Standard Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

Recipients Received:

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Section 6 - Community Resources

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY

6. Community Resources 6-1 6.1 Project Refinements Since the DEIS 6-1 6.2 Summary of Project Impacts and Proposed Mitigation Measures 6-1 6.2.1 Land Use, Zoning and Community Character 6-1 6.2.2 Visual Resources and Aesthetics 6-2 6.2.3 Traffic and Transportation 6-3 6.2.4 Noise 6-4 6.2.5 Electric and Magnetic Fields 6-6 6.2.6 Cultural Resources 6-6 6.2.7 Socioeconomics 6-7 6.3 Responses to Comments on the DEIS 6-10 6.3.1 Land Use, Zoning and Community Character 6-10 6.3.2 Visual Resources and Aesthetics 6-21 6.3.3 Traffic and Transportation 6-29 6.3.4 Noise 6-38 6.3.4.1 NYSDEC Guidelines 6-38 6.3.4.2 Town of Dover Zoning Code 6-38 6.3.4.3 Construction Sound Levels 6-39 6.3.4.4 Monitoring and Compliance 6-40 6.3.4.5 Sound Levels at the Dover Middle/High School Complex 6-41 6.3.4.6 Potential Impact to Wildlife 6-41 6.3.5 Electric and Magnetic Fields 6-65 6.3.6 Cultural Resources 6-65 6.3.7 Socioeconomics 6-67 6.3.7.1 Job Creation 6-67 6.3.7.2 Property Values 6-67 6.3.7.3 Local Agreement and Benefits 6-68 Table of Contents - Community Resources Page 6-i

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.4 Conclusions 6-83 6.5 References 6-84 Figures (provided following the text)

Figure 6-1 Current Project Property Figure 6-2 Proposed Temporary Construction Area - Former Rasco Parcel Figure 6-3 Operational Sound Level Isopleths Tables Table 6-1 Response to Comments - Land Use, Zoning and Community Character 6-11 Table 6-2 Response to Comments - Visual Resources and Aesthetics 6-23 Table 6-3 Response to Comments - Traffic and Transportation 6-32 Table 6-4 Response to Comments - Noise 6-43 Table 6-5 Response to Comments - Cultural Resources 6-66 Table 6-6 Response to Comments - Socioeconomics 6-69 Appendices Appendix 6-A Former Rasco Parcel Lighting Plan Appendix 6-B Remote Laydown Site Lighting Plan Appendix 6-C Updated Traffic Impact Study Appendix 6-D Route 22 Highway Improvement Plans Appendix 6-E OPRHP Correspondence Appendix 6-F Internal Traffic Plan Table of Contents - Community Resources Page 6-ii

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY List of Acronyms and Abbreviations - Section 6 a.m. morning CCSP Comprehensive Site and Safety Plan CO Town of Dovers Commercial/Industry/Office Mixed Use District CVE Cricket Valley Energy Center, LLC dB decibel dB(A) A-weighted decibels DEIS Draft Environmental Impact Statement EJ Environmental Justice FAA Federal Aviation Administration FEIS Final Environmental Impact Statement FEMA Federal Emergency Management Act FHWA Federal Highway Administration FTE full-time equivalent the 57-acre land south of the Project Development Area now former Rasco parcel optioned by CVE and formerly utilized by RASCO Materials LLC IDA Industrial Development Agency ISO International Standards Organization Leq equivalent sound level Lmax maximum sound level LOS Level of Service M Town of Dovers Industrial/Manufacturing District NFPA National Fire Protection Association NYSDEC New York State Department of Environmental Conservation NYISO New York Independent System Operator NYSDOT New York State Department of Transportation NYSPSC New York State Public Service Commission OPRHP Office of Parks, Recreation and Historic Preservation PILOT Payment in Lieu of Taxes p.m. afternoon/evening Table of Contents - Community Resources Page 6-iii

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY the Project Cricket Valley Energy Center Project Development the 57-acre portion of the 193.5-acre Property proposed for Area development Property the 193.5-acre property optioned by CVE RC Town of Dovers Resource Conservation District the 38.8-acre construction worker parking and laydown site remote Laydown Site located approximately 2.5 miles north of the Property RU Town of Dovers Rural District SEQRA State Environmental Quality Review Act SWPPP Storm Water Pollution Prevention Plan USEPA United States Environmental Protection Agency Table of Contents - Community Resources Page 6-iv

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY

6. COMMUNITY RESOURCES This section provides, for community resource-related issues, a description of Project refinements since the Draft Environmental Impact Statement (DEIS) was filed, followed by a brief summary of impacts and proposed mitigation. Topics addressed in this section for the DEIS included land use, zoning and community character; visual resources; traffic; noise; electric and magnetic fields; cultural resources; and socioeconomics. Comments received on the DEIS associated with community resource issues are provided in Sections 6.3.1 through 6.3.7 of the FEIS, along with responses and reference to sections where additional information is provided for some topics.

6.1 Project Refinements Since the DEIS Since the DEIS was filed, the 57-acres immediately south of the Project Development Area has been added to the Property (the former Rasco parcel; Figure 6-1). The addition of the former Rasco parcel to the Project will further mitigate impacts identified in the DEIS by improving environmental conditions at the former Rasco parcel and adding visual and noise buffer area for the Project. Also, the addition of 57 acres to the Project site will allow Cricket Valley Energy Center, LLC (CVE) to move a substantial portion of the off-site parking and laydown needs onto the Project site (Figure 6-2). This is intended to reduce the impacts and traffic associated with the originally proposed remote parking area (the remote Laydown Site) as discussed in Section 6.2.3.

CVE expects to use the remote Laydown Site for overflow parking during the peak construction months and as a staging area for construction materials only. Following construction, the remote Laydown Site will be restored to its existing agricultural use, and the 57-acre former Rasco parcel will be restored and improved to provide for additional visual and noise buffer between the Project and land uses to the south.

6.2 Summary of Project Impacts and Proposed Mitigation Measures The following sections summarize, based upon the above changes, potential Project impacts and proposed mitigation measures for land use, zoning and community character; visual resources; traffic; noise; electric and magnetic fields; cultural resources; and socioeconomics.

6.2.1 Land Use, Zoning and Community Character The majority of the Property, including the entirety of the former Rasco parcel, is located within the Town of Dovers Industrial/Manufacturing District (M), which permits industrial and related uses in isolated and well-buffered locations. A small portion of the Property, west of the Swamp River where no development will occur, is located within the Resource Conservation District (RC), which encourages forestry, recreation and land conservation.

Community Resources Page 6-1

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY CVE believes the Project is consistent with the purposes of the Zoning Code and the industrial land use district in which it will be located. The Projects proximity to necessary infrastructure and the extensive buffering available limit its effect on surrounding land uses.

The Project will comply with applicable special zoning requirements, with limited areas where relief will be sought, including fence height and noise limits along the Metro-North rail line (further discussed in Sections 6.2.4 and 6.3.4 of the FEIS).

The Project has been designed to be consistent with the Town of Dovers Zoning Code and Master Plan to the greatest extent possible, in particular the community values, economic growth goals, and preservation objectives identified in the Towns Master Plan; the Project will seek local approval through a Special Use Permit from the Town of Dover Town Board process to confirm its consistency. It is reflective of Dovers core community goal of balancing its traditions and natural resources with responsible economic growth. Located on a previously developed industrial parcel with a large natural vegetative and topographic buffer, the Project will not impact Dovers rural characteristics and will preserve natural features, including 79 acres of land adjacent to the Swamp River, comprised primarily of New York State Department of Environmental Conservation (NYSDEC)-designated wetlands. It will remove unsightly, partially destroyed buildings from the Property as well as solid waste and other debris remaining on the Property from previous occupants. It will utilize a natural buffer of trees and topography to minimize its aesthetic impact and will limit the majority of its development to a previously disturbed industrial footprint. The Project design will respect and preserve important water resources by minimizing water demand through advanced technologies. Local and regional air quality will also be protected through compliance with stringent regulatory standards. The new facility will produce both temporary and permanent jobs and generate tax revenues for the town.

6.2.2 Visual Resources and Aesthetics Visual impact is assessed within the framework of a wide range of factors, including the context of the viewers, the duration of the view, the degree of discernible detail, the number of viewers, the degree of natural buffering, and the scenic value of the setting. Although modeling did not indicate a potentially significant change in view from identified federal, state or local areas of visual importance, the rural character of Dover and its surrounding communities is of high local value. The visual analysis indicates that, although portions of the Project will be visible from certain locations outside the Property, the Project Development Area possesses a number of qualities that will minimize visual impacts to its surroundings including its location within a valley, a substantial buffer of mature trees, and a hillside that will shield the majority of the Project structures from view. The Project has been purposefully located within a compact footprint, including co-locating the three stacks in order to minimize their visual impact on surroundings. Lighting will be minimized as well, as reflected in the lighting plans presented in Appendix 6-C of the DEIS (for the Project) and Appendices 6-A and 6-B of the FEIS (for the former Rasco parcel and remote Laydown Site, respectively).

Community Resources Page 6-2

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.2.3 Traffic and Transportation The addition of the former Rasco parcel not only allows CVE to clean up a greater portion of the Property, but it also is intended to reduce the impacts and traffic associated with the originally proposed remote parking area (the remote Laydown Site), located approximately 2.5 miles north of the Property. It is anticipated that the former Rasco parcel can accommodate approximately 580 construction worker vehicles, which will be adequate to serve the entire construction crew for more than 80 percent of the construction period (approximately 31 of 36 months). During the five months of peak construction, anticipated to occur in mid-2014, overflow parking of approximately 95 vehicles may be required at the remote Laydown Site.

To reflect the addition of the former Rasco parcel, an updated traffic analysis was prepared (Appendix 6-C of the FEIS) to assess a projection of traffic conditions during the peak construction period with the amended parking plan in place. The peak construction year traffic and the initial operation year have been revised to 2014 and 2016, respectively.

Accordingly, the background traffic growth has been increased by the 1.5 percent per annum previously used to account for the changes in time frames.

Facility construction is proposed to start in the second quarter of 2013 and last approximately 36 months. During construction, there will be two types of traffic related to the Project: construction workers and equipment/material deliveries. The normal daily hours of construction and material/equipment truck traffic are planned to be between 7:00 a.m. to 4:00 p.m. and typically from Monday through Friday. In addition, during peak construction, a second shift may be necessary from 4:00 PM to 12:00 AM to assist in staging and preparing materials for the following day.

The majority (580) of construction worker vehicles will be expected to arrive at the CVE Property and park at the former Rasco parcel. When the former Rasco parcel is at capacity (580), the remaining construction worker vehicles (95) will park at the remote Laydown Site, and will be shuttled to and from the Project Development Area. Truck traffic for materials/equipment will be dispersed through the construction hours, but no truck traffic is expected to occur outside construction hours except for critical concrete pours, limited special deliveries and heavy hauls of large equipment. Construction worker traffic will consist of vehicular trips to and from the Project Development Area, with limited trips to and from the remote Laydown Site and a limited number of shuttle buses between the remote Laydown Site and the Project Development Area.

As was described in Section 6.3 of the DEIS, levels of service (LOS) with the operational Project in place will continue at acceptable levels.

During construction, with the addition of the former Rasco parcel, the updated traffic analysis indicates that the remote Laydown Site driveway and Duncan Hill Road Community Resources Page 6-3

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY intersections will now operate at an acceptable LOS during the peak construction period.

Therefore, the recommendation contained in the DEIS for manual traffic control at these intersections is no longer necessary. With the amended parking plan, the only intersection that does not operate at an acceptable LOS during peak construction is the Project driveway.

CVE will work with the New York State Department of Transportation (NYSDOT) to identify appropriate temporary measures to implement during construction to mitigate impacts to LOS at the Project driveway. CVEs recommendations for review by NYSDOT are illustrated in plans provided in Appendix 6-D of the FEIS, and currently reflect:

• No special roadway improvements will be required at the remote Laydown Site temporary access driveway, which will incorporate turning radius requirements and sight lines to support anticipated vehicle usage;

• A temporary traffic signal at the Project driveway for use during construction; and

• Roadway improvements at the Project driveway, including temporary widening of Route 22 (including a northbound left turn lane and southbound right turn lane into the Property). These temporary lanes will include clarification of traffic patterns through use of land and median striping to facilitate traffic flow.

In addition, CVE will work closely with the Town of Dover to determine the need for any additional measures such as providing manual traffic control during the peak morning and evening hours, or adjusting the construction start time to avoid school bus schedules.

In summary, the updated traffic analysis confirms that the Projects ability to use the former Rasco parcel during the construction period reduces impacts to traffic along Route 22 as compared to the plan presented in the DEIS. CVE is coordinating with the NYSDOT and local officials to ensure traffic impacts during construction and operation are minimized through implementation of mitigation measures at the intersection of Route 22 and the Project driveway. Plans depicting the recommended permanent configuration of that intersection are also provided in Appendix 6-D of the FEIS.

6.2.4 Noise Noise impacts of the Project to the surrounding community have been carefully considered - including feedback obtained through public meetings and a public open house at its Community Outreach Office - in developing the Project layout, in selecting facility components, and in orienting equipment adjacent to the Metro-North rail line, away from sensitive receptors such as residences.

Community Resources Page 6-4

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY To demonstrate consistency with NYSDEC noise guidelines and compliance with the Town of Dover Zoning Code, CVE conducted a sound evaluation study to quantify and characterize the existing acoustic environment in the vicinity of the proposed Project.

This program implemented both long-term continuous sound measurements, and short-term intermittent sound measurements to account for varying characteristics of sounds in the Project area. The results of the survey allow for both a quantitative and qualitative analysis of the acoustical environment surrounding the Project.

Results of the noise modeling for Project construction activities indicate that noise will occasionally be noticeable at the nearest receptor properties, particularly during the excavation phase of construction which may include rock splitting, blasting, and pile-driving. Construction-related sound at more distant residential properties is expected to be consistent with typical daytime background sounds, and will have only minimal impacts. At greater distances, such as the location of the Middle School/High School complex, typical construction sound levels are not anticipated to be noticeable. Because of the temporary nature of the construction noise, no adverse long-term effects are anticipated.

Results of the noise modeling for operation of the facility indicate that at all of the five measurement locations analyzed, the Project will be below the NYSDEC guidelines of an 1

increase of no greater than 6 A-weighted decibels (dBA); three of the five measured locations are estimated at or below an increase of 1 dBA. Because operation of the Project is below this threshold, it is not expected to produce a significant acoustic impact at these nearest receptors and, therefore, will meet the threshold levels set forth in the NYSDEC guidelines. Figure 6-3 illustrates sound levels as they decrease with distance from the Project.

With the addition of the former Rasco parcel to the Property, Project noise modeling also indicates compliance with the most restrictive night-time sound level limit (50 dBA) of the Town of Dover Zoning Noise Standards at the north, south and east Property lines, which are the three Property lines nearest to residences. As discussed in Section 6.4 of the DEIS, the Projects sound levels are predicted to exceed this standard at the western property line of the Project Development Area. The abutting property in that direction is a narrow strip of 1

The NYSDEC Noise Policy DEP-00-1 (2001) states Increases ranging from 0-3 dB should have no appreciable effect on receptors. Increases from 3-6 dB may have potential for adverse noise impact only in cases where the most sensitive of receptors are present. Sound pressure increases of more than 6 dB may require a closer analysis of impact potential Community Resources Page 6-5

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY land associated with the Metro-North railroad line; further west of that active rail use, Project Property continues to extend to the Swamp River. As can be seen in Figure 6-3, predicted sound levels comply with and are significantly quieter than Town of Dover Zoning Noise Standards at the westernmost Property boundary, and at all other Property boundaries.

Since the Metro-North railroad line is not a noise-sensitive receptor, and CVE will own the Property on either side of this receptor, Project sound levels will not result in either a public or private nuisance. CVE is requesting an amendment to the Town of Dover Zoning Code to permit the anticipated noise levels without negatively impacting community character and residential uses. The proposed amendment remains consistent with zoning and planning requirements which protect the quality of life for non-industrial properties, including residential properties, but will permit an economically beneficial use to be developed on industrially zoned property.

6.2.5 Electric and Magnetic Fields Maximum electric and magnetic field strengths expected to occur at the edge of the outer electric transmission line right-of-way were calculated and compared with the New York State Public Service Commission (NYSPSC) interim standards. The comparison indicates that the Project will be well within the NYSPSC electric field strength interim standards and magnetic field strength interim standards for electric transmission lines at the edge of the right-of-way.

6.2.6 Cultural Resources CVE undertook an investigation and review for archaeological and cultural resource potential at the Property in the summer 2009. A review of the Office of Parks, Recreation and Historical Preservation (OPRHP) website found no historic resources identified in the vicinity of the Project Development Area. In addition, the Project Development Area has been substantially disturbed by previous industrial activities. However, the Property is within an area identified as archaeologically sensitive and, thus, further investigation was warranted.

Consultation with OPRHP was initiated in June 2009. After confirmation that no work would take place west of the Metro-North railroad line, OPRHP determined that there will be No Effect to cultural resources at the Project Development Area. While the potential for adverse impacts to cultural resources has been minimized by utilizing a previously disturbed site, largely within the footprint of the previously developed area, as a cautionary measure, CVE has developed a construction methodology that establishes procedures to follow in the unanticipated event a cultural resource is discovered during the construction process (the Unanticipated Discoveries Plan provided in Appendix 6-G of the DEIS).

CVE also requested a review of potential archaeological or cultural resources from OPRHP with regard to the remote Laydown Site, located 2.5 miles north of the Project Development Community Resources Page 6-6

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Area. OPRHP requested a Phase 1A survey at the remote Laydown Site, which includes a literature review and sensitivity analysis. The Phase 1A survey, conducted in December 2010, indicated a low potential for the presence of historic cultural resources at the remote Laydown Site, but a moderate to high potential for the presence of prehistoric cultural resources.

As a result, a Phase 1B field reconnaissance survey was initiated in mid-December 2010 at the remote Laydown Site, which included digging shovel test pits. Due to a precipitous drop in temperature, which froze the ground, and substantial snowfall, which effectively obscured the ground surface, Phase 1B activities were suspended until spring 2011. Fieldwork resumed in late-April 2011, when the snow had melted, the soil had thawed, and the soils were sufficiently drained and dry to allow for excavation. Survey crews did not find evidence of either a prehistoric or a historic site within the remote Laydown Site and submitted its findings to OPRHP. In a letter dated July 6, 2011 (provided in Appendix 6-E of the FEIS), based upon the results of the Phase 1B survey, OPHRP indicated that use of the remote Laydown Site will have No Effect upon cultural resources.

In February 2012, CVE requested a similar review of potential archaeological or cultural resources from OPRHP with regard to the former Rasco parcel, located adjacent to the Project Development Area. In a letter dated February 29, 2012, OPRHP concurred with its earlier findings for the Project Development Area, indicating that the expanded use of the Property will continue to have No Effect on cultural resources. Correspondence associated with this review is also provided in Appendix 6-E of the FEIS.

6.2.7 Socioeconomics It is anticipated that, during its construction and long-term operation, the Project will produce significant direct and indirect socioeconomic benefits to the local, regional, and state economies. The Project also will result in induced spending, additional economic activity resulting from the increase in direct and indirect economic activity. The Project will not result in significant operating or infrastructure costs to the Town of Dover, Dutchess County, or the Dover Union Free School District.

Project development and construction will require an estimated investment of approximately

$955 million, which will provide a significant benefit to the local, regional, and state economies. It is expected that an annual average of 300 construction jobs will be created during the three-year construction of the Project, with up to 750 jobs during the five-month peak construction period. Once completed, operation of the facility will support approximately 28 well-paying permanent jobs in Dover. The investment in the plant, during both construction and operation, will also result in significant secondary economic benefits to the local, regional and state economy through purchase of construction and operational supplies and spending by the construction and operational workforce. Project construction is estimated to generate and induce creation of 2,202 full-time equivalent (FTE) jobs, Community Resources Page 6-7

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY including 751 secondary jobs in Dutchess County in a wide variety of industries such as facility maintenance, security, food service, mining (sand and gravel), and construction supplies. Upon completion, the Project will create 54 FTE jobs, including 28 direct and 26 secondary jobs. The Project will also provide a long-term revenue source for the Town of Dover, Dutchess County and the Dover Union Free School District through an anticipated Payment in Lieu of Taxes (PILOT) agreement.

The Project will not impose significant operating or infrastructure costs on the local economy. Since the Project does not involve the construction of new residences, its operation would not be expected to generate additional school children for the Dover Union Free School District. Should the 28 plant employees represent new households within the district, the anticipated additional school students would represent less than 1 percent of district enrollment, which could be accommodated due to the districts existing surplus capacity and declining enrollments.

The Project will include comprehensive on-site systems for fire emergencies. Fire protection systems will comply with all applicable National Fire Protection Association (NFPA) standards and recommended practices, as well as state and local codes. The fire protection systems will be designed and implemented by a qualified fire protection engineer, and reviewed by applicable federal, state, or local authorities. The systems will be designed to be automated, with the assumption that facility personnel will have minimal involvement for fire response. CVE representatives have coordinated and will continue to coordinate, with J.H. Ketcham Hose Company officials to ensure adequate resources are in place.

An Emergency Response Plan will be prepared prior to construction mobilization and will be designed and written to assist the facilitys management, employees and outside responding agencies through emergency response actions at the facility. The plan will be developed in consultation with town officials and local emergency responders, to address different types of potential emergencies; emergency resources (equipment or personnel);

levels of emergency response; principles to be applied during a response; detailed measures for initial response, containment, rescue, first aid and evacuation; termination of an emergency; notification procedures; drills and training; and the process for updating and modifying emergency procedures.

Prior to mobilization for the construction phase of the Project, CVE and its primary contractor will conduct the following activities as a component of Emergency Response Plan development:

• Interview occupational medical clinics within the Dover vicinity to select the one deemed best suited based upon location, quality of care and commitment to injury management principles.

• Work closely with all local providers of emergency medical response (including the J.H. Ketcham Hose Company) to assess response times and Community Resources Page 6-8

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY capabilities of each responder. The assessment will include capabilities to rescue from heights. Cranes and aerial lifts would be provided during construction if such capabilities are not in place.

• Survey area hospitals to verify services and other details as an occupational health safeguard. The location of the nearest trauma center will also be verified.

• Conduct a site visit with local law enforcement agencies to formally initiate the construction process and familiarize local authorities with the schedule, planned activities, and other relevant details.

During construction, there will be continuous, on-site security staff to secure the site and construction materials. Police service may be needed for limited traffic control during construction, and will be compensated; thereby, not incurring additional operating or infrastructure costs. The Emergency Response Plan utilized during construction will be modified to reflect operational conditions, and similar detailed review of procedures and resources will occur to ensure appropriate measures are in place.

During operations, the Project will maintain a 24-hour, on-site staff. The operating staff will utilize security monitoring systems, complete perimeter fencing, electronic badged gates and doors, inspections, and other procedures to secure the site. Any increase in demand for police services during Project operation is expected to be minimal. Because the Project will not result in a significant population increase, no significant increase in use of the existing fire or emergency medical services is expected. A plan illustrating internal traffic circulation allowing for emergency and other vehicle access within the Project layout is provided in Appendix 6-F of the FEIS.

The Project will not impact existing municipal infrastructure services. It will not result in additional municipal costs related to water or sewer infrastructure. Water will be provided to the Project via on-site wells, supplemented by the facilitys rooftop rain capture system, as available. For sewerage facilities, the Project will use an on-site septic leach field. Process wastewater will be internally recycled and treated in the Zero Liquid Discharge system so that no process wastewater will be discharged from the site. A subsurface sewage disposal system will be used to dispose of domestic wastewater.

Because the required construction force is anticipated to be met with available workers within Dutchess County and the Hudson Valley region, in-migration of workers, and a corresponding increase in demand for municipal services, is expected to be minimal.

Operation of the facility will require a 28-person staff, which will not significantly increase demand or costs for municipal or county-wide services.

Community Resources Page 6-9

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3 Responses to Comments on the DEIS Sections 6.3.1 through 6.3.7 provide a summary of comments received relative to community resources for each specific topic (land use, zoning and community character; visual resources; traffic; noise; electric and magnetic fields; cultural resources; and socioeconomics, respectively), and provides a response or guides the reader to the location of the response within this section.

6.3.1 Land Use, Zoning and Community Character The Property is located within the Town of Dovers Industrial/Manufacturing District (M),

which permits industrial and related uses, and is currently occupied by a collection of vacant, dilapidated, industrial buildings partially destroyed by fire in 1996. The purpose of the Industrial/Manufacturing District, as discussed in the Town of Dover Zoning Code provided in DEIS Appendix 6-A, is to permit industrial and related uses and adult entertainment, in isolated and well-buffered locations, separated from commercial, office or residential use zones. The zoning of neighboring areas includes Commercial/Industry/Office Mixed Use District (CO) across Route 22, Resource Conservation District (RC) west of the Swamp River and southwest of the Property, and Rural District (RU) along the remaining Property boundaries to the north and southeast.

The Project is not a use explicitly listed in the Town of Dover Zoning Code as either allowed or prohibited. Therefore, pursuant to Sections 145-10 and 145-60A of the Dover Town Code, the Project will require a Special Permit issued by the Town Board. In order for a Special Permit to be granted for the Project, certain findings must be made. The required findings, outlined in Section 145-63(B) of the Zoning Code, and the way in which the Project will address the finding requirements, are outlined in DEIS Table 6.1-3.

The use of a previously developed industrial property and the limited extent of new impacts avoid or minimize the potential for impacts to surrounding or nearby land uses. Since its initial exploration of the Project, CVE has completed studies, met with community members, including local environmental organizations and conservation groups, and taken steps to affirm or revise its approach in order to ensure its consistency with the existing land use, the goals of the Town of Dover Master Plan, and the Town of Dovers Zoning Code. Most recently, CVE acquired an option to purchase the former Rasco parcel to help meet these goals. CVE believes the Project is consistent with Dovers core community goal of balancing its traditions and natural resources with responsible economic growth, and that the efforts made during the development process will allow for applicable findings and the grant of a Special Permit.

Table 6-1 outlines comments and responses associated with issues of land use, zoning and community character.

Community Resources Page 6-10

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number Graham Page 6-5 incorrectly describes the status 32-36 As noted in Section 6.1 of the FEIS, CVE has now obtained an Trelstad, of the Rasco Materials facility. Town of option to purchase the former Rasco parcel. The Rasco project, AKRF Dover and NYSDEC review of this project therefore, is no longer proposed at this site.

has been completed.

Graham Page 6-5 also incorrectly describes the 32-37 As noted in Section 6.1 of the FEIS, CVE has now obtained an Trelstad, project site and Rasco Materials site as option to purchase the former Rasco parcel. The Rasco project, AKRF unrelated to each other. They currently share therefore, is no longer proposed at this site and no driveway the same access driveway off of Route 22, sharing will occur. The former use of the site has been and Rasco Materials has historically used incorporated into evaluations of site conditions addressed in portions of Building E as part of their Section 2 of the FEIS.

processing and storage.

Graham Page 6-5 states that, "CVE will propose to 32-38 This subdivision will no longer be necessary, as CVE has Trelstad, the Town of Dover a lot line adjustment to obtained an option to purchase the former Rasco parcel.

AKRF straighten the boundary line between the CVE Property and the property to the South, where the Rasco Materials facility is located, in order to maintain the existing drainage swale for the CVE stormwater plan and to help incorporate a plant loop road within the proposed CVE facility fence line." This "lot line adjustment" is considered a subdivision application under the Town of Dover Zoning Code and should be noted as such in the DEIS.

Graham Page 6-6 states that, Once CVE 32-39 Rasco will no longer operate at the site, and the subdivision of the Trelstad, purchases the land under option and the lot larger property is no longer proposed.

AKRF line adjustment has been approved, all leases on the CVE property would be terminated and any tenants would vacate the CVE site. The displacement of any businesses, including the portion of Rasco Community Resources Page 6-11

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number Materials operation that uses the project site, should be noted in the DEIS. Would Rasco continue to use the site to the south and would relocation of material stockpiles from the CVE property require Rasco to request a Site Plan amendment from the Town of Dover? Would the reconfigured Rasco property have sufficient room to allow Rasco to continue its operations?

Graham Page 6-6 incorrectly states that, The 32-40 The small portion of designated flood plain located east of the Trelstad, Project Development Area includes no railroad tracks is within Wetland 2, where only a very small finger AKRF zoning overlay districts. In fact, the of marginal wetland (0.05 acres) will be altered and replicated on Floodplain Overlay District extends onto the a 1:1 basis. No flood storage volume will be compromised by the Project Development Area. A portion of the Project and therefore no compensatory flood storage would be building footprint may fall within the required nor would special flood damage protection be required Floodplain Overlay District. As such, the for Project design.

project will need to comply with the It should be noted that the existing Floodplain Overlay District requirements of §145-13 "Floodplain map noted by the commenter is based upon a Federal Overlay District" of the Town Code.

Emergency Management Act (FEMA) Flood Insurance Rate Map from August 1984. FEMA has since updated its Flood Insurance Rate Maps and the 100-year flood zone no longer extends east of the Metro-North rail line within Wetland 2. The Town of Dover Town Board approved a revised FEMA floodplain map in April 2012 (provided in Appendix 3-C of the FEIS); the adjusted floodplain overlay district does not extend east of the Metro-North railroad track. The revised plan has been used as a basis for the preliminary Stormwater Pollution Prevention Plans (SWPPPs) described in Section 5 of the FEIS. The preliminary SWPPPs will be the subject of review as part of the Projects Chapter 65 permit (Erosion and Sediment Control) with the Town of Dover.

Community Resources Page 6-12

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number Graham Page 6-6 states that "CVE will work closely 32-41 As listed in Table 1-1 of the FEIS, the following permits are Trelstad, with town officials to determine how best to required from the Town of Dover:

AKRF evaluate planning and zoning requirements" for the temporary laydown

• Special Permit/Site Plan Review (Town Board), which will site. The permits and approvals required address issues such as stormwater, layout, grading, for this temporary use should be stated in erosion and sediment control, lighting and landscaping, the DEIS. including restoration of temporary use areas

• Fire Prevention Permits (Town Board)

• Use of Explosives (Town Board)

• Erosion/Sediment Control (Planning Board)

• Zoning law amendment (Zoning Board)

• Design Review (Architectural Review Board)

• Building/Occupancy Permits (Building Inspector)

The temporary uses proposed on the former Rasco parcel and the remote Laydown Site will be included in the Special Permit/Site Plan Review submittal to confirm these uses adhere to requirements of the Dover Zoning Code. Section 145-10(B) of the Zoning Code provides that any use not enumerated as a principle use and not prohibited by Section 145-10(C) may be permitted by Special Permit. Through the Projects Special Permit/Site Plan Review process, a demonstration of consistency will be made with environmental standards set forth at Section 145-40 and the criteria stated in Section 145-63 of the Zoning Code.

Graham Table 6.1-2, "Cricket Valley Energy 32-42 Heights of all major buildings and structures are provided in Trelstad, Consistency with Zoning Dimensional Section 1.5.1.2 of the DEIS. The tallest building/structure and AKRF Requirements" should include the height of equipment (excluding the stacks) is 113 feet.

the proposed building exclusive of the proposed stacks. It is unclear if the building alone would be 113 feet.

Community Resources Page 6-13

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number Graham The paragraph at the bottom of page 6-11, 32-43 The referenced paragraph is discussing the buildings only, the Trelstad, which describes the height variance tallest of which are 113 feet. The stacks will be 282.5 feet tall.

AKRF required, should be clarified to explain how tall the building versus the smokestacks would be.

Graham Pages 6-12 states that, "The grant of the 32-44 Irrespective of the legal status of the existing buildings, the Trelstad, variance to CVE will allow the elimination of proposed Project will remove the existing dilapidated structures AKRF the current grandfathered, pre-existing, and replace them with the structures identified, following receipt of nonconforming uses (i.e., the partially applicable variances and other approvals. The removal of the destroyed buildings) on the CVE site." This existing nonconforming structures will reduce the overall zoning statement is not entirely accurate. These nonconformities on the Property by permitting construction of buildings were constructed prior to the buildings that are more in conformance with the Town of Dover adoption of the current Zoning Code, which Zoning Code than the existing structures.

means that there may be some pre-existing non-conforming setbacks, heights, or other structural or lot requirements.

However, §145-24 of the Code would preclude any non-conforming uses from re-establishing; and any light industrial uses would be permitted to continue under a Special Permit by the Planning Board.

Graham The DEIS should further discuss the 32-45 Section 6.3.1.2 of the DEIS provides additional narrative Trelstad, potential community character impacts of describing the temporary use of the remote Laydown Site. Given AKRF the proposed Laydown Site. Although this the manner in which the site will be used, as well as the pre-is a temporary use of the site, it involves construction and post-construction measures to be implemented, disturbance to a prominent landmark that no change in the current character is expected following its was memorialized in the Asher B. Durand restoration post-construction.

painting Dover Plains. Plans for maintaining and reestablishing the agricultural use of the site and its presence in this viewshed should be described.

Community Resources Page 6-14

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number Graham The DEIS should include a discussion of 32-46 As discussed in Section 6.3.7.2 of the FEIS, a study conducted by Trelstad, potential impacts to property values the Public Service Commission of Wisconsin indicates, actual AKRF surrounding the facility. Specific data and property value is comprised of an often complex set of desirable analysis from areas surrounding existing and undesirable factors, including proximity and quality of electric generating facilities should be schools, the attractiveness of the house and yard, and access to presented as evidence. work and to local amenities. The research has not been conclusive because of the difficulty researchers have of accounting for all of the variables. The few studies done to date have not shown a clear, consistent correlation between power plant location and reduced property values.

It is important to note that property values are driven by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes.

T. Michael the available Federal Emergency 33-23 The small portion of designated flood plain located east of the Twomey, Management Agency (FEMA) Flood railroad tracks is within Wetland 2, where only a very small finger Entergy Insurance Rate Mapsindicate that a portion of marginal wetland (0.05 acres) will be altered and replicated on of the Property, located east of the railroad a 1:1 basis. No flood storage volume will be compromised by the where construction is proposed, is in fact Project and therefore no compensatory flood storage would be located within the Floodplain Overlay required nor would special flood damage protection be required DistrictThus, compensatory flood areas for Project design.

may be required to prevent adverse effects on It should be noted that the existing Floodplain Overlay District nearby property owners. Town of Dover Code map noted by the commenter is based upon a FEMA Flood

§81-12, and applicable construction standards Insurance Rate Map from August 1984. FEMA has since updated must be adhered to protect the construction its Flood Insurance Rate Maps and the 100-year flood zone no from flood damage.

longer extends east of the Metro North rail line within Wetland 2.

The Town of Dover Town Board approved a revised FEMA floodplain map in April 2012 (provided in Appendix 3-C of the Community Resources Page 6-15

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number FEIS); the adjusted floodplain overlay district does not extend east of the Metro-North railroad track. The revised plan has been used as a basis for the preliminary SWPPPs described in Section

5. The preliminary SWPPPs will be the subject of review as part of the Projects Chapter 65 permit (Erosion and Sediment Control) with the Town of Dover.

T. Michael The DEIS states that a large power plant 33-24 A discussion of the Projects compliance with the Town of Dovers Twomey, located within the M District is allowed by Master Plan and Zoning Code is included in Section 6.3.1 of the Entergy special permit issued by the Town FEIS.

BoardIn fact, "heavy industry" is a Section 145-74 of the Town Code defines Heavy Industry as the prohibited use in an M District, and any fair Manufacture, assembly, treatment, processing, or packaging of reading of the phrase, "heavy industry" products in a manner that emits or is likely to emit objectionable includes a power plant of the scale levels of smoke, noise, dust, odor, glare, water pollution, or proposed by the Project.

vibration beyond the property boundaries.

Even if the Applicant could show that the The Project will generate electricity in accordance with New York Project should not be treated as "heavy law and in compliance with all permits issued by NYSDEC. With industry," there are other reasons why the addition of the former Rasco parcel to the Property, the Project use is currently prohibited in the M will operate in a manner that will not emit objectionable levels of District. In particular, the Town of Dover these items beyond the Property boundaries, with the exception Zoning Code states: "Any use, whether or of noise along the Metro-North railroad line. Since the Metro-not listed in the Use Table, is prohibited if it North railroad line is a narrow strip of land extending through the does not satisfy the standards and criteria Property, with CVE owning the land to the west of that receptor, in §§ 145-40 and 145-63." Town of Dover and is not a noise-sensitive receptor, this will not result in either a Code § 145-10(C). By the Applicant's own public or private nuisance. At the westerly boundaries of the explanation (see Section 6, below), the Property beyond the railroad line, the Project will comply with the noise standards of § 145-40 will be Town of Dover Zoning Noise Standards. The Project will exceeded by the Project.

demonstrate compliance with the Major Project Criteria identified This prohibited status may be remedied if the in Section 145-63 (B) of the Town Code as a part of its Special Town of Dover Zoning Code is amended, or a Permit Application review process.

use variance is granted by the Town of Dover Zoning Board of AppealsWe are concerned Community Resources Page 6-16

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number that a variance may not be granted, e.g.,

because (a) there are other permitted uses that could be made of this land; (b) there is no clear financial hardship to this Applicant that has not been self-created; and (c) the Project, if authorized, may well alter the essential rural character of this neighborhood and the Town of Dover.

T. Michael the DEIS ignores the Project's three 33-25 As discussed in Section 6.1.4 of the DEIS, the three proposed Twomey, proposed 282.5 foot tall emission control 282.5-foot stacks are considered by CVE to be chimneys and Entergy stacks, and whether structures of such height would therefore be exempt from height requirements per Section may be reconciled with the purpose and 145-30(D)(1) of the Zoning Code.

intent of the Town of Dover Zoning Code.

Section 145-73 of the Zoning Code explains that all words used in There is a 35 foot height limit in the M Chapter 145 shall carry their customary meanings. Reference District. Town of Dover Code, § 145-11(B).

to a common definition is appropriate since the Zoning Code does Exceptions to the height limitation are set not define chimney. Merriam-Websters Dictionary provides the forth at § 145-30D, and include "chimneys,"

following definition of chimney: A vertical structure incorporated a term that, although not defined, is not into a building and enclosing a flue or flues that carry off smoke; readily interpreted to include industrial 2 especially the part of such a structure extending above a roof.

emission control stacks on the scale proposed for the Project. No other The common definition of chimney, therefore, includes the stacks exemptions appear to apply. Town of Dover proposed by CVE since the stacks are flues (i.e., chimneys),

Code, § 145-30(D). Therefore, the 282.5 foot which will conduct the Projects emissions to the atmosphere as emission control stacks arguably do not will be permitted by the NYSDEC air permit. This use of this term 2

http://www.merriamwebster.com/dictionary/chimney.

Community Resources Page 6-17

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number comply with the Town of Dover Zoning Code. to reflect generating facility stacks has been applied in other analogous situations.

Similarly, the Project would have four additional structures ranging in size from 50 All structures that exceed the Zoning Codes applicable height feet to 113 feet tall that arguably do not limitations will be addressed as part of the Projects Special comply with the height limitation. See DEIS, p. Permit Application.

1-12.

T. Michael the Applicant asks the Town to amend its 33-26 With the addition of the former Rasco parcel to the Property, the Twomey, laws to increase the noise limit by ten Project is expected to comply with the most restrictive night-time Entergy decibels (from 50 to 60 dB) for M zoning sound level limit (50 dBA) of the Town of Dover Zoning Noise districts. See DEIS, p. 6-91. Although the Standards at the north, south and east Property lines - which are DEIS characterizes this as a "slight the Property lines in the direction of the nearest residential adjustment" (see DEIS, p. 6-10), a 10 dB receptors.

increase would permit the facility, as well as The Projects sound levels will also comply with the noise any other facilities located in an M-zoned standards at its westernmost boundary. However, a narrow strip area, to emit nighttime noises that are ten of land owned by the Metro-North railroad line extends through times louder than currently allowed As set the Property, and sound levels are predicted to exceed the noise forth in the Town of Dover Noise Ordinance, standard at the railroad line. Since the Metro-North railroad line is "noise shall be prohibited when it is of such not a noise-sensitive receptor, and CVE will own the Property on character, intensity and duration or of any either side of this receptor, this will not result in either a public or type or volume that a reasonable person private nuisance. CVE is requesting an amendment to the Town would not tolerate under the circumstances of Dover Zoning Code so as to permit the anticipated noise levels and that is detrimental to the life, health or and allow this economically beneficial use without negatively welfare of any individual or would cause or impacting community character and residential uses.

create a risk of public inconvenience, annoyance or alarm." Town of Dover Code § 107-3(A). Noise of this character, intensity and duration is likely to be the case over both the three-year construction period for the proposed Project, and during its operation thereafter.

Community Resources Page 6-18

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number Ryan Figure 1-2: RC does not mean recreation; it 37-27 This typographical error is noted. Table 6.1-1 of the DEIS Courtien, means resource conservation. correctly notes the designation.

Town Supervisor Ryan Figure 1-4: No longer TT Materials; is now 37-28 CVE has signed an option to purchase the former Rasco parcel, Courtien, RASCO. therefore, prior occupancy will be relevant only for assessment of Town site conditions described in Section 2 of the FEIS.

Supervisor Stephen The environment here in our area is one 38-1 The proposed Project will meet strict requirements, including for and Cate that we consider to be clean and quiet - a emissions and noise, and will not involve any wastewater Wilson, place to live, work and retire, where we can discharge. It is proposed to be built on an approximately 30 acre Wingdale pursue activities such as gardening, footprint located within a 193.5 acre Property (57 acres of which is Residents camping, swimming, and outdoor living in the Project Development Area). Given the Projects general. The prospect and ultimate advent characteristics and buffering, there is no reason why activities of a large scale (and potentially such as gardening, camping, swimming, and general outdoor unnecessary) power plant in close living cannot continue to be enjoyed.

proximity is not conducive to any of these pursuits for many reasons.

Robert CVE is admitting they will be unable to meet 42-11 With the addition of the former Rasco parcel to the Property, the Herzog, existing sound regulations, and proposed to Project is expected to comply with the most restrictive night-time Dover get around this otherwise fatal flaw not by sound level limit (50 dBA) of the Town of Dover Zoning Noise Resident changing their equipment, but by petitioning Standards at the north, south and east Property lines - which are for a change in the standard, as if the the Property lines in the direction of the nearest residential standard need not apply to them. They seek receptors.

to get around the regulations by trying to Noise modeling completed for the Project does not presume that make a case that sounds emanating from the sounds from the facility are uni-directional. Rather, the CadnaA plant will be uni-directional, magically being model utilized identifies projected sound levels associated with confined to the rail line. In reality, the sounds the combination of sources in all directions. Figure 6-3 illustrates made by various equipment in the plant will the isopleths showing the manner in which sounds generated at radiate broadly, ending up in the homes of the Project are influenced by distance and other factors.

residences and other uses in the area who will have no effective protection from levels that As previously discussed in Section 6.4 of the DEIS, the Projects Community Resources Page 6-19

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-1. Response to Comments - Land Use, Zoning and Community Character Author Summary Comment Response Number exceed existing regulations. sound levels will comply with the noise standards at its westernmost boundary, thus meeting the towns standard at all That is literally intolerable -- noise regulations Property boundaries abutting residences. However, a narrow were designed to protect local environments strip of land owned by the Metro-North railroad line extends and residents. It is precisely when an entity through the Property, and sound levels are predicted to exceed cannot meet such regulations that they are the noise standard at the west property line abutting the railroad not to be discarded, for that is when they are line. Since the Metro-North railroad line is not a noise-sensitive most needed. CVE acknowledging they receptor, and CVE will own the Property on either side of this cannot and will not meet these standards, will receptor, this will not result in either a public or private nuisance.

violate them, and too bad for the locals. CVE is requesting an amendment to the Town of Dover Zoning The levels of 59db the plant will be emitting, Code so as to permit the anticipated noise levels and the well in excess of the 50db limit, are not trivial. proposed economically beneficial use without negatively The EPA reports that outdoor noises in the impacting community character and residential uses.

60db range historically generate widespread complaints and individual threats of legal action. The Town of Dover does not want to and does not need to impose this burden on its residents for years to come.

The town has ample authority to deny the plant on the grounds of noise Cate In the executive summary, it talks about the T2-3 The DEIS did not intend to imply a one-mile radius would be Wilson, area of primary impact, which I think has been considered an area of primary impact. Section 6.1.2.2 and Wingdale designated as a one-mile zone from the Figure 6.1-2 of the DEIS do describe land uses that occur within Resident projected project and one-mile radius around. one mile of the Property. This is intended as a general Our property is actually well within that zone, I characterization of the Projects setting, and not to represent believe. specific anticipated impacts. As applicable, locations where impacts are projected to occur are specifically identified for each technical issue evaluated. For example, noise isopleths show modeled sound levels extending out from the Property, traffic service levels were evaluated along the Route 22 corridor, and air quality impacts were evaluated in surrounding elevated terrain.

Community Resources Page 6-20

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3.2 Visual Resources and Aesthetics The visual analysis indicates that, although the Project will be visible from certain locations, the Project Development Area possesses a number of qualities that will minimize visual impacts to its surroundings including its location within a valley, a substantial buffer of mature trees, and a hillside that will shield the majority of the Project structures from view.

The Project has been purposefully located within a compact footprint, including co-locating the three stacks in order to minimize their visual impact on surroundings. The design attributes of the Project, the natural buffer of its surroundings, the context and number of viewers, the duration of the view, the degree of discernible detail, and the scenic value of the setting, contribute to minimizing the impact of potential views of the Project.

The viewshed analysis presented in Section 6.2 of the DEIS demonstrates consistency with NYSDECs Visual Impact Assessment Policy, and although resources of statewide significance were not identified from which significant visual change would be anticipated, additional simulations were provided of other viewing locations that represent the potential for local changes in view.

Areas of potential visibility within a 5-mile radius were determined based on computer modeling that considered both topography and vegetation. Within this area, types of viewers and land uses were considered, leading to selection of vantage points from which photographic simulations were prepared illustrating representative views both under current conditions and with the proposed Project in place. These simulations were included as Figures 6.2-6 through 6.2-13 of the DEIS.

The visual impact assessment presented in Section 6.2 of the DEIS indicated that views of the facility stacks will be limited, day or night, due to topography, vegetation and distance.

The facility, including its stacks, would not be visible at night, although Federal Aviation Administration (FAA) safety lighting on the stacks will be visible. Stack lighting will be similar to the FAA lighting one sees on communication towers. Other lighting will be directed downwards and would not result in nighttime off-site visibility of the facility.

The closest view is that from Route 22, reflected in Figure 6.2-6 of the DEIS. Stack lighting would be expected to be visible from that location. However, viewers would be driving along Route 22 and experiencing a momentary glimpse of the lighting that would not be dissimilar to the effect of street lights or similar features. Viewers from the other evaluated representative locations also have the potential to view stack top lighting, but distance and vegetation will place the lighting as a horizon feature. The potential impact of the views would vary, as individual viewer sensitivity to this form of lighting varies. CVE is working Community Resources Page 6-21

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY with the FAA to minimize the need for stack lighting to the extent possible while still meeting FAA safety requirements.

Table 6-2 outlines comments and responses associated with visual resources and aesthetics.

Community Resources Page 6-22

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-2. Responses to Comments - Visual Resources and Aesthetics Author Summary Comment Response Number Mark The Cricket Valley Power Plant 25-3 As detailed in Section 6.2 of the DEIS, the Project will add a new visual Chipkin, will add visualpollutants to our element to the landscape. Given the design attributes of the Project, the Pawling environment natural buffer of its surroundings, the context and number of viewers, Resident the duration of the view, the degree of discernible detail, and the scenic value of the setting, the visual of this impact is assessed in that section of the DEIS as minimal.

David Viewshed analysis shows that the 29-1 Visual simulations were not completed from the interior of any buildings.

Roberts, plant is plainly visible from the library The simulations provided in Section 6.2.4 of the DEIS, which includes Pawling at Dover Junior - Senior High the Dover Middle School - High School complex were taken from Resident School. outdoor locations representative of a worst case view (see DEIS Figure 6.2-10). It is possible that views of the facility will be seen from locations other than those for which specific simulations were prepared, although as evident from DEIS Figure 6.2-10, the school grounds are well-screened by vegetation.

Graham It is noted that the proposed 32-8 The proposed use of the remote Laydown Site is temporary in nature.

Trelstad, Laydown Site is the field from the During the time it is in use, the site itself will visually change. However, AKRF Asher B. Durand painting, "Dover trees lining Route 22 and the lack of taller stored items at the site will Plains." This should be addressed screen views from offsite locations. Following construction, the site will as a potential community character be restored. No permanent change in site conditions is anticipated, and impact. no significant impact to community character will result.

Graham Pg 1-19 states that the Federal 32-9 The visual impact assessment presented in Section 6.2 of the DEIS Trelstad, Aviation Administration (FAA) will indicated that views of the facility stacks will be limited, day or night, due AKRF require lighting on all three stacks, to topography, vegetation and distance. The facility, including its stacks, and recommended a dual lighting would not be visible at night, although FAA safety lighting on the stacks system that would result in red will be visible. Stack lighting will be similar to the FAA lighting one sees lighting at night and medium intensity on communication towers. Because the stacks are co-located, it is white lights during daytime hours. anticipated that only a single light per stack will be necessary to provide Photosimulations of the proposed for adequate visibility. Other lighting will be directed downwards and night-time illumination from sensitive would not result in nighttime off-site visibility of the facility.

receptors and an assessment of The analysis presented in Section 6.2 of the DEIS demonstrates potential impact to those receptors consistency with NYSDECs Visual Program Policy, and although Community Resources Page 6-23

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-2. Responses to Comments - Visual Resources and Aesthetics Author Summary Comment Response Number from the night-time illumination resources of statewide significance were not identified from which should be provided. significant visual change would be anticipated, additional simulations were provided of other view locations that represent the potential for local changes in view.

The closest view is that from Route 22, reflected in Figure 6.2-6 of the DEIS. Stack lighting would be expected to be visible from that location.

However, viewers would be driving along Route 22 and experiencing a momentary glimpse of the lighting that would not be dissimilar to the effect of street lights or similar features. Viewers from the other evaluated representative locations also have the potential to view stack top lighting, but distance and vegetation will place the lighting as a horizon feature. The potential impact of the views would vary, as individual viewer sensitivity to this form of lighting varies. CVE is working with the FAA to minimize the need for stack lighting to the extent possible while still meeting FAA safety requirements.

Graham The DEIS presents a plume 32-29 Section 6.2 focuses on the potential for local community visual change, Trelstad, visibility analysis in accordance including that associated with a visible water vapor plume.

AKRF with appropriate Prevention of Representation of this potential element of the Projects visibility is an Significant Deterioration (PSD) important aspect to include in the overall visual impact assessment in procedures to assess potential Section 6.2. Visibility for Class I areas is defined through the visibility impacts on state managed application of specific air quality standards that address non-water vapor parks. An assessment was visible plume, which is why that information is presented in Section 4 of performed to evaluate the potential the DEIS.

for a visible condensed water plume at two locations in the immediate vicinity of the proposed facility and is contained in Section 6.2, Visual Resources and Aesthetics instead of Section 4, Air Resources.

Community Resources Page 6-24

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-2. Responses to Comments - Visual Resources and Aesthetics Author Summary Comment Response Number Graham Page 6-22 describes the project site 32-47 The visual impact assessment presented in Section 6.2 of the DEIS Trelstad, lighting. Visual photo-simulations of indicated that views of the facility stacks will be limited, day or night, due AKRF the project at night from off-site to topography, vegetation and distance. The facility, including its stacks, sensitive receptors should be would not be visible at night, although FAA safety lighting on the stacks provided. will be visible. Stack lighting will be similar to the FAA lighting one sees on communication towers. Other lighting will be directed downwards and would not result in nighttime off-site visibility of the facility. Although nighttime simulations have not been completed, additional discussion of nighttime visibility is included in Section 6.3.2 of the FEIS.

Graham It is noted that the proposed 32-48 The proposed stacks will be taller than the stack and water tower Trelstad, project will be visible from a features currently located at the site, as noted in Section 6.2.5.5 of the AKRF number of locations, including DEIS. Although physical field representations of future structures have Cricket Hill Road, Route 22, the been used, they have significant limitations that tend to outweigh their Knolls of Dover, and the Dover benefit. Balloon tests can frequently be compromised, as weather and Middle/High School. Although atmospheric conditions are rarely calm enough to assure the balloon mere visibility does not constitute stays at the desired height for viewing purposes. The use of cranes an impact, it will be substantially does not have this issue, but poses a significantly greater cost and more visible than the existing logistical challenge. The technology used to represent future views smokestacks and water tower. A relies on computer simulations, which have been demonstrated to full-day crane or balloon test should accurately represent the potential for visual change (for example, Cape be scheduled with sufficient public Wind 2011).

notice to allow local officials and residents to witness the test. CVE will continue working with the town, through its Special Permit process, to consider local views of potential concern as the town develops its findings in support of the local review process.

Graham Page 6-29 states that the 32-49 Based on the indication of potential views from the Appalachian Trail, a Trelstad, modeling does not indicate that CVE representative has evaluated the portions of the Appalachian Trail AKRF the Appalachian Trail falls within that extend through the Project area on several occasions. Even under areas from which the project is clear visibility weather and leaf-off conditions, views of the Property from anticipated to be visible. However, nearly all segments of the trail are well-screened by vegetation.

Figure 6.2-1 highlights several However, CVE has identified one location, on Ten Mile Hill, from which portions of the trail in yellow, which the existing stacks can be seen. At 3.5 miles distant, views of the denotes potential visibility. The facility are not expected to be intrusive, and are likely to be screened Community Resources Page 6-25

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-2. Responses to Comments - Visual Resources and Aesthetics Author Summary Comment Response Number potential views from the during leaf-on conditions.

Appalachian Trail should be further assessed.

Graham A photo-simulation of the views of the 32-50 Approximately 500 - 1,000 feet of forest, as well as the active Metro-Trelstad, project site from the Swamp River North railroad line, separate the Swamp River from the proposed AKRF should be provided. This resource is Project. The dense vegetation and slightly lower topography of the enjoyed by many members of the Swamp River relative to the site would prevent any but the smallest of public, and the potential impacts glimpses of the facility. Public enjoyment of the Swamp River is should be evaluated from a natural anticipated to continue, and aspects of the Project (such as the site resource as well as community clean-up) are anticipated to enhance the long-term quality of that character/visual impact perspective. enjoyment.

John Fila, The conclusions as presented in the 35-2 Each project is located within a different environmental setting and Wingdale DEIS are based on an incomplete, context. The Athens facility, located near the Hudson River and within Resident therefore inaccurate, analysis, using elevated, flatter, and less screened terrain, would not have the same a limited number of locations. A visual buffering effect as the CVE Project. The simulations provided very similar, if not identical facility is present a range of representative views that indicate the anticipated located in the town of Athens NY. visual change. As discussed in Section 6.4 of the DEIS, none of the The views in that area are range of potential views is anticipated to have a significant effect.

dominated by the stacks and cooling towers of that plant.

Ryan ES-14: While it is stated and 37-12 We understand that some may only review the Executive Summary of Courtien, mapped in Section 6 where the the DEIS, but would encourage anyone with a particular interest in a Town project will be visible, there should given topic to read the more detailed section as well. With the Supervisor be more brought forward to the commenters concerns in mind, CVE has created an Ask Cricket Executive Summary. Valley webpage on the Project website (www.cricketvalley.com) specifically designed to answer frequently asked questions and guide the public to answers within the DEIS. A link to DEIS Figure 6.2-2, showing potentially visible areas, is included on this website.

Community Resources Page 6-26

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-2. Responses to Comments - Visual Resources and Aesthetics Author Summary Comment Response Number Ryan ES-14: What are the areas of visual 37-13 The areas of visual importance noted in the DEIS Executive Summary Courtien, importance? Is there a standard list on page ES-14 reference the aesthetic resources outlined in Section Town or criteria used in determining this? 6.2.4.1 of the DEIS. This includes an evaluation in accordance with Supervisor NYSDECs Visual Impact Assessment Policy, which provides a standard list of specific state and federal resources for consideration. It also includes a discussion (Section 6.2.4.1.2 of the DEIS) of potential local resources, drawing upon the Dover Master Plan, consultation with the Town Supervisor, and soliciting public comment through review of scoping documents and other public meetings.

Ryan A publicized Balloon Test for Stack 37-25 Although physical field representations of future structures have been Courtien, Height needs to take place so used, they have significant limitations that tend to outweigh their benefit.

Town everyone can get a sense of what Balloon tests can frequently be compromised, as weather and Supervisor the proposed 282.5 foot high stacks atmospheric conditions are rarely calm enough to assure the balloon will look like. This test should be stays at the desired height for viewing purposes. The technology used coordinated with the Town of Dover to represent future views relies on computer simulations, which have Town Government. been demonstrated to accurately represent the potential for visual change (for example, Cape Wind 2011).

CVE will continue working with the town, through its Special Permit process, to consider local views of potential concern as the town develops its findings to support the local review process.

Ryan Appendix 6C - Lighting Study 37-86 The visual impact assessment presented in Section 6.2 of the DEIS Courtien, should include nighttime renderings indicated that views of the facility stacks will be limited, day or night, due Town of the plant from several locations to topography, vegetation and distance. The facility, including its stacks, Supervisor around town including the Dover would not be visible at night, although FAA safety lighting on the stacks Middle / High School, looking south will be visible. Stack lighting will be similar to the FAA lighting one sees from Dover Furnace, looking north on communication towers. Other lighting will be directed downwards from Chippawalla Road, looking and would not result in nighttime off-site visibility of the facility. Although west from Cricket Hill and looking nighttime simulations have not been completed, additional discussion of southeast from Ridge Road. nighttime visibility is included in Section 6.3.2.

Community Resources Page 6-27

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-2. Responses to Comments - Visual Resources and Aesthetics Author Summary Comment Response Number Cristina When we purchased our home eight T2-10 The commenter is asking about the remote Laydown Site. The Bleakley, years ago, one of the things that the proposed use of the remote Laydown Site is temporary in nature.

Dover builder asked [sic] is the aesthetic of During the time it is in use, the site itself will visually change. However, Resident the land would stay and all the trees lining Route 22 and the lack of taller stored items at the site will homes were in an area to be pretty screen views from offsite locations. Following construction, the site will much the same. I'm concerned -- I be restored. No permanent change in site conditions is anticipated, and know there was mention that the no significant impact to community character will result.

parking will be -- the land will be put back to where they found [sic]. But I think it will change the aesthetic of the location where it is.

Mark And even the lighting, as something T3-11 Consistent with town codes and industry practice, lighting at the facility Chipkin, that happened locally, once again, will be shielded to be directed down to minimize light intrusion while Pawling we asked this business to turn off maintaining necessary levels of lighting to ensure worker safety. A Resident their lights and because of what they detailed lighting study for the Project was included in Appendix 6-C to called security reasons, we have the DEIS. Since the DEIS was filed, CVE has completed similar lighting lights shining in many directions into analysis for the temporary use of the former Rasco parcel and remote the residences Laydown Site (Appendices 6-A and 6-B, respectively, of the FEIS).

These lighting plans will be included in the Projects Special Permit Application to the Town of Dover.

Community Resources Page 6-28

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3.3 Traffic and Transportation The addition of the former Rasco parcel to the Project site will allow CVE to move a substantial portion of the off-site parking and laydown needs onto the Project Property (Figure 6 -2). This addition will also allow CVE to clean up a greater portion of the site, and also helps reduce the impacts and traffic associated with the originally proposed remote parking area (the remote Laydown Site), located approximately 2.5 miles north of the Property. As previously discussed in Section 6.3 of the DEIS, long-term impacts on local traffic patterns will be insignificant, based on the discrete number of permanent employee and other trips anticipated to occur and the direct access from Route 22. Short-term traffic impacts are expected as a result of construction workers traveling to and from the former Rasco parcel and, during peak construction, the remote Laydown Site.

It is anticipated that the former Rasco parcel can accommodate approximately 580 construction worker vehicles, which will be adequate to serve the entire construction crew for more than 80 percent of the construction period (approximately 31 of 36 months).

During the five months of peak construction, anticipated to occur in mid-2014, overflow parking of approximately 125 vehicles may be required at the remote Laydown Site.

To reflect the addition of the former Rasco parcel, an updated traffic analysis was prepared to reflect the amended parking plan. In the amended study (Appendix 6-C of the FEIS),

the peak construction year traffic and the operation year have been revised to 2014 and 2016 respectively. Accordingly the background traffic growth has been increased by the 1.5% per annum previously used, to account for the changes in time frames. Figures 6.3-6A and 6.3-7A of Appendix 6-C of the FEIS show projected future volumes in the study area for 2014 (the anticipated peak construction period) and 2016 (the Project operations year) without the Project.

The period when the most construction traffic activity is anticipated to occur will be during Construction Phase 3 (estimated to occur between July 2014 and December 2014). During Construction Phases 1 and 2 (demolition of existing buildings, and site preparation activities) and in subsequent phases (when specialty trades will be completing finish work and testing), construction traffic activity will be less. Evaluation of this maximum-impact period assumes that plans will be in place to address the highest potential community traffic impact. During this period, there may be daily peaks of up to 750 workers traveling to and from the Project Development Area, and, in limited number, to and from the remote Laydown Site shortly before 7:00 a.m. and after 4:00 p.m. It is conservatively assumed that workers will commute to the Project area in the a.m. peak period and leave the Project area in the p.m. peak period and that 20 percent of the workers will carpool to the Project area.

Community Resources Page 6-29

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Construction scheduling may be timed such that workers would not be traveling during the typical commuter rush hour periods.

Based on the revised parking layout at the Project Development Area, 580 construction worker trips were assigned to that driveway. The remaining construction worker trips were then assigned to the remote Laydown Site. All trips to the remote Laydown Site were assumed to originate from south of the remote Laydown Site to present a maximum-impact case for the study intersections.

The updated traffic analysis indicates that, in the peak construction year (2014) with Project construction traffic, all intersections will continue to operate at an acceptable LOS, with one exception: the Project Development Area driveway. This means that the remote Laydown Site driveway and Duncan Hill Road intersections will now operate at an acceptable LOS during the peak construction period and the recommendations contained in the DEIS for manual traffic control at these intersections are no longer necessary.

The Route 22 intersection with the Project Development Area driveway shows a failing LOS for the driveway approach during both a.m. and p.m. peak periods. CVE will work with the NYSDOT to identify appropriate temporary measures to implement during construction to mitigate impacts to LOS at the Project driveway. CVEs recommendations for review by NYSDOT are illustrated in plans provided in Appendix 6-D, and currently reflect:

• No special roadway improvements will be required at the remote Laydown Site temporary access driveway, which will incorporate turning radius requirements and sight lines that support anticipated vehicle usage;

• A temporary traffic signal at the Project driveway for use during construction; and

• Roadway improvements at the Project driveway, including temporary widening of Route 22 (including a northbound left turn lane and southbound right turn lane into the Property). These temporary lanes will include clarification of traffic patterns through use of land and median striping to facilitate traffic flow.

In addition, CVE will work closely with the Town of Dover to determine the need for any additional measures, as needed, such as providing manual traffic control during the peak morning and evening hours. In particular, CVE will work closely with the Town of Dover and the Dover Union Free School District to mitigate traffic impacts to the Middle/High School complex. A detailed list of School Bus Routes with Start and Arrival times was included in Appendix 6-B of the DEIS. School bus arrivals are estimated to occur between Community Resources Page 6-30

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 7:05 - 7:10 a.m. each morning. CVE could, for example, adjust the construction workday so that all workers are on-site by 7:00 a.m. to avoid potential conflicts with school bus schedules. Since the construction work day will end at 4:00 p.m., afternoon construction traffic is not expected to conflict with the school bus schedule. Should concerns regarding after-school activities arise, CVE will work with the town and school officials to determine the best approach to minimize this temporary impact.

In summary, the updated traffic analysis confirms that the Projects ability to use the former Rasco parcel during the construction period reduces impacts to traffic along Route 22 as compared to the plan presented in the DEIS. CVE is coordinating with the NYSDOT and local officials to ensure traffic impacts during construction and operation are minimized through implementation of mitigation measures at the intersection of Route 22 and the Project access. Plans depicting the recommended temporary and permanent configuration of that intersection are provided in Appendix 6-D of the FEIS.

Table 6-3 outlines comments and responses associated with traffic and transportation.

Community Resources Page 6-31

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-3. Response to Comments - Traffic and Transportation Author Summary Comment Response Number Tara [Route 22] is a single lane road. It 10-11 A detailed Emergency Response Plan (as discussed in Section Shoureck, virtually closes down when something 6.2.7 of the FEIS) will be developed in consultation with Wingdale happens. appropriate town officials, including the Town Board, Dover Union Resident Free School District, J.H. Ketcham Hose Company, NYSDOT, What if this was a real emergency, such and other emergency response providers.

as the power plant explosion that occurred in Middletown, CT, in Feb. 2010.

That occurred at a similar type of plant to the proposed Cricket Valley plant. There were deaths, and people for miles around heard and felt the explosion. Human error of some sort was to blame, and since we are all human, this can occur to anyone of usWhat if something during construction were to go wrong and this plant goes KA-BOOM!! Children in these schools [Dover Middle/HS, Wingdale Elementary, Dover Elementary] would most definitely be affected, parents both at home and at work would be frantic.

Michael On most school mornings, there is a 13-1 With the addition of the former Rasco parcel, CVE will be able to Tierney, Dover backup of cars entering the Dover accommodate the majority of construction worker parking on the Union Free Middle/High School complex, typically site itself, reducing the volume of workers passing the Dover School District heading north on Route 22. An increase Middle/High School complex on Route 22. With the inclusion of in the number of cars driving south from 7 650 parking spots on the Property, it is expected that overflow am to 8 am would add to this problem. parking at the remote Laydown Site will only be required during the approximate 5-month peak construction period.

Temporary measures such as roadway widening and a temporary traffic signal at the Project driveway will be determined through consultation with NYSDOT. CVE will work closely with the Town of Dover and the Dover Union Free School District to mitigate traffic impacts, and could, for example, adjust the construction Community Resources Page 6-32

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-3. Response to Comments - Traffic and Transportation Author Summary Comment Response Number workday to reduce potential conflicts, if warranted. If so, manual traffic control would be implemented to facilitate the movement of non-Project traffic on Route 22.

Graham Section 6.3.2.4 School Bus Routes and 32-51 A detailed list of School Bus Routes with Start and Arrival Trelstad, Schedules should more fully describe times was included in Appendix 6-B of the DEIS. School bus AKRF how potential conflicts with construction arrivals are estimated to occur between 7:05 - 7:10 a.m. each vehicles and school traffic would be morning. CVE will work closely with the Town of Dover and the managed or avoided. Dover Union Free School District to mitigate traffic impacts, and could, for example, adjust the construction work day to reduce potential conflicts. Since the construction work day will end at 4:00 p.m., afternoon construction traffic is not expected to conflict with the school bus schedule.

Ryan Courtien, ES- 1 5: Change to coordination with 37-14 CVE will consult with all three entities.

Town town, school and state highway Supervisor officials.

Stephen and traffic[is]of considerably 38-7 Traffic impacts during construction will be greater than the Cate Wilson, greater concern during the lengthy negligible traffic during operation. Traffic impacts were thoroughly Wingdale construction period required to build analyzed as part of the Projects traffic analysis (DEIS Section Residents the plant if it is approved. The DEIS 6.3) and reassessed in the FEIS to reflect the addition of the again discusses traffic impacts former Rasco parcel for construction laydown and parking upon "the more distant residential (Appendix 6-C of the FEIS). The revised construction parking has properties", but does not specifically significantly improved conditions during the peak construction address impacts on locations in period at locations including at the school complex. Impacts immediate proximity. Not only our during peak commuting hours at the Project access drive show a home, but others and the Dover Middle failing LOS F if additional measures were not incorporated.

School and High School locations will Measures will be incorporated, through consultation with be impacted by this for three or more NYSDOT and the town to maintain acceptable traffic operation years if the project does not complete even during peak commuting and construction periods at the on schedule. Property access. In addition, CVE will continue to consult with the town, school and state highway officials to limit disruption to daily traffic to the greatest extent possible during the construction period.

Community Resources Page 6-33

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-3. Response to Comments - Traffic and Transportation Author Summary Comment Response Number Cristina How is our traffic going to be affected? The 40-7 With the addition of the former Rasco parcel to the Property, CVE Bleakley, proposed site for parking is across street expects use of the remote Laydown Site for parking to be much Dover from my house and believe me when I less extensive. It is anticipated that the former Rasco parcel can Resident purchase my home nowhere in my dreams accommodate approximately 580 construction worker vehicles.

was a plant nor a parking that During the five months of peak construction, anticipated to occur accommodate over 800 vehicle. I bought in mid-2014, overflow parking of approximately 95 vehicles may my house in Dover because I wanted to live be required at the remote Laydown Site. During this limited in a safe and quiet environment. Will the period where overflow parking is required, access to the remote proposed site for the parking create drivers Laydown Site will be strictly limited to the construction entrance to use side streets such as my road off Route 22. There will be no access to the remote Laydown Site Sherman Hill Rd? from either Old Route 22 or Sherman Hill Road, therefore, it is not anticipated that construction workers would utilize these roads for travel. CVE will coordinate with NYSDOT to ensure that traffic patterns are maintained.

William Sena, You also made a comment about T1-8 CVE will work closely with the town and NYSDOT to develop a Dover shuttling the employees for the construction management plan. This will identify known areas Resident construction Butwhen they start where additional traffic control may be warranted (for example, if knocking the buildings down, tractor trailer there is a known blind spot) during certain periods. In addition to trucks, dump trucks going in and out. I known concerns, the plan will include ongoing communication and mean, it's a nice spot -- it's a straight run provide for adjustments so that the construction period affects for the tractor, but there is a blind spot local traffic to the minimum extent possible.

when you're coming from the Dover school, coming down. There's the three roads. The one road that goes up in the back of the mountain, and then the other road that goes to the other side of Wingdale. When you come around that --

where the entrance to the plant is, it's like a little bit of a blind spot, so that could be, like, kind of hazardous for school buses and stuff like that, especially with the school right up there.

Community Resources Page 6-34

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-3. Response to Comments - Traffic and Transportation Author Summary Comment Response Number Brigid Casson, I understand there will be parking and T1-15 With the addition of the former Rasco parcel to the Project, the Dover shuttling from the north end of town. I majority of construction parking will be available directly on the Resident would suggest that there be some at both Project site. This will reduce the parking needs at the remote ends, because that makes the Laydown Site, including the use of shuttle buses, and will allow for assumption that everyone working there careful management of particular transportation uses to keep is going to come from the north, and it impacts to local roadways minimized.

makes no sense if they're coming from the south end to go all the way through town to get on a bus and then come back down to the site. I'm sure there must be situations available in the south end of town for parking arrangements.

Cristina I live on Sherman Hill Roadacross from T2-8 No hazardous materials will be stored at the remote Laydown Bleakley, where the site of the parking is going to Site. Section 2.3.4 describes in detail how the remote Laydown Dover be located. One of my concerns is, is any Site will be created, maintained and restored to its original Resident hazard [sic] materials will be stored at that condition at the completion of construction. Parking and storage site? 850 cars parking, is it one-level of equipment at that location will be on one level.

parking? Is it two-level parking? I think The addition of the former Rasco parcel to the Property will allow they need to be a little bit more CVE to move most of the off-site parking from the remote descriptive.

Laydown Site to the Property. This is intended to reduce the impacts and traffic associated with the originally proposed remote parking area. CVE expects to use the remote Laydown Site for overflow parking during the peak construction months and as a staging area for construction material only.

Cristina I'm concerned about the traffic noise that T2-9 With the addition of the former Rasco parcel to the Property, use Bleakley, will be imposed on the surrounding of the remote Laydown Site for parking is anticipated to be much Dover roads. As you know, most of the traffic less extensive. Since fewer cars (i.e., approximately 95) will be Resident coming from 22 North and going to accessing the remote Laydown Site during a much more limited commuting, they might not wait for the period of time (i.e., during the 5-month peak construction-only),

side road or the side passage that you'll and appropriately sized turning lanes will be included on Route 22 be providing as a shoulder to pass. So based upon NYSDOT recommendations, use of local side roads some of those cars might direct into the as detours is not anticipated and associated noise impact would Community Resources Page 6-35

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-3. Response to Comments - Traffic and Transportation Author Summary Comment Response Number private roads, such as Sherman Hill. not occur.

How is that going to affect?

Cristina Was a traffic study made at the T2-14 A traffic analysis was included in the DEIS as Section 6.3. Traffic Bleakley, surrounding roads anywhere? I couldn't operational analysis (analyzing the operation and flow of travel on Dover find any studies done on surrounding local roadways) utilizes key gateway intersections through which Resident roads. Project traffic would be expected to travel. The CVE traffic study analyzed 11 key intersections along Route 22 between Dover Plains and Wingdale, including the proposed construction entrances to the main site and remote Laydown Site. This methodology focuses on the highest impact locations and assesses anticipated changes in Levels of Service (generally indicated by the change in waiting times to pass through a given intersection, considering all three possible directions). Through this method, a strong understanding of affects to the overall roadway network is gained. An updated traffic study has been prepared to reflect the inclusion of the former Rasco parcel as part of the Project site (Appendix 6-C of the FEIS) and is discussed in Section 6.3.3 of this FEIS.

Jessica We really need to consider also the T2-20 A construction management plan, developed through consultation Abrams, adjustments to the area that they're with the town and NYSDOT, will specify details of the planned Greene discussing about entrances, exits, the shuttles and other potential traffic reduction measures such as County, NY shuttling of folks back and forth. manual traffic controls, temporary passing lanes, and acceleration/de-acceleration lanes.

Jim Utter, I think a serious problem is for Dover to T2-34 As detailed in Section 6.3 of the DEIS, traffic impacts during both Friends of the look at what is going to be happening in the construction and operational periods of the Project were Great Swamp the area. Because one of the goals of the analyzed. This analysis took into consideration existing EIS process is to look at cumulative conditions, Project-related traffic (such as construction vehicles impacts... It's also traffic impact. It's all and workers), and future growth, including the Knolls of Dover.

sorts of impacts. I think the Town really The traffic study found that traffic impacts associated with the needs to make sure that the cumulative Project (regardless of other ongoing growth in traffic) will be impacts from a long-range standpoint are minimal.

considered in all of this. So that they are Community Resources Page 6-36

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-3. Response to Comments - Traffic and Transportation Author Summary Comment Response Number laid out and there are clear decisions made by the Planning Board. Where they want Dover to be in 25 years and how much should each project take from or add to the Town. It's a little hard to anticipate the economic downturn that stopped Wind Rose. But these are serious issues that affect the natural environment but also affects the community and social environment and the whole culture of the area.

Mr. Galayda As far as some of the traffic goes, you T3-83 The construction management plan will include consideration of know, I'm certainly concerned about timing shifts to avoid, for example, conflicts with significant school Town of Dover, traffic, but they can also flextime it - you bus traffic. With the addition of the former Rasco parcel, fewer Town Board know, I think that that's something I didn't construction worker vehicles are expected to pass the Dover see necessarily mentioned in the DEIS, Middle/High School complex, however, CVE will work with the right off the top of my head -- you know, Town of Dover and Dover Union Free School District to ensure maybe their work hours are 10 to 6, traffic conflicts are minimized, whether that means having maybe their work hours, they split it up construction workers arrive earlier, or later, to avoid congestion.

into two shifts. I do think it's absolutely crucial that they get bussed into the site so they don't add to that kind of traffic Community Resources Page 6-37

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3.4 Noise 6.3.4.1 NYSDEC Guidelines CVE has carefully considered noise impacts to the surrounding community in developing the Project layout and in the selection of facility components and orientation. To demonstrate consistency with NYSDEC noise guidelines and compliance with the local Town of Dover Zoning Code, CVE conducted a sound evaluation study to quantify and characterize the existing acoustic environment in the vicinity of the proposed Project.

Results of the noise modeling for operation of the facility, included as Appendix 6-E of the DEIS, indicate that the Project will be below the NYSDEC guidelines of an increase of 6 3

dBA at all of the measurement locations analyzed. Figure 6-3 illustrates the modeling isopleths, indicating the way the Projects modeled sound level decreases with distance. As noted in the NYSDEC noise policy, at distances greater than 50 feet from a sound source, every doubling of the distance produces a 6 dB reduction in the sound. As also outlined in that policy, the sound of a given source - such as the Project - is not experienced as mathematically additive to the sound in the existing environment. Rather, the addition of two sound levels, expressed in dBA, relates to the difference between the two sounds, and occurs on a logarithmic scale. Operation of the Project is not expected to produce a significant acoustic impact at these nearest receptors and, therefore, will be consistent with the threshold levels set forth in the NYSDEC guidelines.

6.3.4.2 Town of Dover Zoning Code With the addition of the 57-acre former Rasco parcel to the Property, the southern property line will be moved by approximately 2,000 feet. This enables the Project to meet the Town of Dover Zoning Noise Standards at the southern property line. As a result, the Project will comply with the most restrictive night-time sound level limit (50 dBA) of the Town of Dover Zoning Noise Standards at the north, south and east property lines, which are the three property lines nearest to residential receptors.

3 The NYSDEC Noise Policy DEP-00-1 (2001) states Increases ranging from 0-3 dB should have no appreciable effect on receptors. Increases from 3-6 dB may have potential for adverse noise impact only in cases where the most sensitive of receptors are present. Sound pressure increases of more than 6 dB may require a closer analysis of impact potential Community Resources Page 6-38

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY As discussed in Section 6.4 of the DEIS, the Projects sound levels are predicted to exceed this standard at the western property line of the Project Development Area. The abutting property in that direction is a narrow strip of land associated with the Metro-North railroad line; further west of that active rail use, Project Property continues to extend to the Swamp River. As can be seen in Figure 6-3, predicted sound levels comply with and are significantly quieter than Town of Dover Zoning Noise Standards at the westernmost Property boundary. Since the Metro-North railroad line is not a noise-sensitive receptor, and CVE will own approximately 1,000 feet of additional property on the other side of the railroad line, this will not result in either a public or private nuisance. At the westerly boundaries of that property beyond the railroad line, the Project will comply with the Town of Dover Zoning Noise Standards.

CVE is requesting an amendment to the Town of Dover Zoning Code so as to permit the anticipated noise levels at the railroad line and the proposed economically beneficial use, without negatively impacting community character and residential uses.

6.3.4.3 Construction Sound Levels Estimates for Project-related construction sound levels were included in the DEIS within Table 6.4-2. Due to the variability of sound levels over the construction period, the analysis utilizes United States Environmental Protection Agency (USEPA) procedures which 4

generalize construction noise emanating from typical, similar construction sites, then calculate the projection of sound from the Project Development Area. Worst case estimates of Project construction sound levels at the nearest residential receptors are 61 dBA or lower. It should be noted that the estimates provided in Table 6.4-2 of the DEIS are conservative, as the only attenuating mechanism considered in the analysis is divergence.

Shielding effects from buildings, vegetation, earth contours, and atmospheric absorption are not included in the calculations.

Construction activities which produce significant noise levels, such as excavation or commissioning, will be limited to daylight hours when background sound in the surrounding area increases significantly due to traffic activity on Route 22. Construction-related sound 4

The USEPA has published data on noise produced by typical construction machinery (see: Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, USEPA Document NTID300.1, December 1971).

Community Resources Page 6-39

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY at more distant residential properties, as well as the Dover Middle/High School complex is expected to be consistent with typical daytime background sounds. As noted in the NYSDEC noise policy, at distances greater than 50 feet from a sound source, every doubling of the distance produces a 6 dB reduction in the sound. At the school complex, which is approximately 4,000 feet from the Project, sound produced by construction of the power plant will likely be unnoticed (outdoors or indoors). Project construction sound levels at the school complex are modeled to be below 45 dBA, which, when added to existing daytime sound levels at that location (expected to be above 40 dB during the day), are not expected to have an adverse impact on students or faculty. It should be noted that this estimate is conservative both because the loudest construction events will not occur continuously at the site and because it does not take into account shielding effects; considerable reduction due to topography and foliage would be expected to reduce Project noise at this location still further.

6.3.4.4 Monitoring and Compliance Sound impacts produced by the proposed Project as observed by a receptor will be the cumulative result of a wide range of sources that are distributed over the entire Project Development Area. Some of these sources will be relatively small point sources (e.g., the discharge of the exhaust stacks, and transformers), and some of these sources will be large area sources (e.g., the array of air cooled condensers along the railroad Property line).

There is no practical means to effectively simulate this diverse range of sound sources such that an observer would be able to experience a realistic replication of sound impacts that will occur when the Project is actually operating.

However, the Project will adhere to the Town of Dover noise standards at all Property lines, with the exception of the Metro-North railroad line (as described in Section 6.3.4.2 of the FEIS). In fact, the construction management firm will be contractually obligated to meet these noise standards and is required to include a noise guarantee in their obligations for construction of the plant. This will include baseline monitoring during commissioning and start-up of the plant. Once the facility is fully operational, CVE will measure the actual Project operational sound levels at the selected residents and Property lines. These measurements and associated report will be conducted by a third party licensed acoustical engineer in accordance with industry practices and any applicable state and local regulatory requirements.

Community Resources Page 6-40

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3.4.5 Sound Levels at the Dover Middle/High School Complex Specific comments were raised concerning the sound level impacts at the Dover Middle High School complex, located approximately 4,000 feet northeast of the main power block.

Based upon the Baseline Sound Study and Environmental Sound Evaluation, included as Appendix 6-E to the DEIS, sound levels produced by the operation of the proposed Project were evaluated at the Middle/High School and sound levels resulting from the Project are expected to be below 35 dBA (as shown in Figure 6-3) at the exterior of the nearest building. Inside the buildings, Project sound levels would be reduced still further. When added to existing ambient conditions, which are conservatively estimated to be above 40 dBA at the school complex, the effect would be a sound level increase of approximately 1 dBA, which is negligible. Similarly, due to the great distance between the Project site and the school complex, construction-related sound impacts are expected to be minimal.

6.3.4.6 Potential Impact to Wildlife The potential for sound level effect on species was also raised. Although the Project Development Area has a developed character, due to the proximity of the Swamp River and adjacent wetlands, with its higher wildlife habitat value, additional consideration has been given to understanding the potential for impacts to species. Each species has different sound level sensitivities, as reflected in Noise Effect on Wildlife, published by the Federal Highway Administration (FHWA). That document indicates that studies conducted for reptiles (such as the bog turtle, for which habitat potential exists near the Project) did not 5

indicate any effect of noise.

It is also important to remember that the setting which species inhabit results in differing levels of sound level tolerance, and that the FHWA standards noted above do not account for that. The setting in this location includes an active railroad line associated with the Metro-North commuter railroad extending along the western boundary of the Project Development Area, as well as the nearby Dover Furnace Shooting Grounds, active quarry operations along Dover Furnace Road, and traffic along Route 22. These existing features cause intermittent high sound levels to which wildlife inhabiting the area has adapted.

5 Synthesis of Noise Effects on Wildlife Populations, US Department of Transportation, Federal Highway Administration, Publication No. FHWA-HEP-06-016, September 2004.

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Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY During construction, sound and vibration impacts may be expected to cause some species disruption that would displace existing use of habitat proximate to the work area. However, construction (and, in particular, the sound-intrusive elements of construction such as blasting, that would be primary factors in species disruption potential) is temporary in nature, and it is common for species to reintroduce once construction disturbance is ended.

Table 6-4 outlines comments and responses associated with noise issues.

Community Resources Page 6-42

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number C.L.J. Wood, the project is expected to comply with the 12-7 See Section 6.3.4 for a discussion of zoning compatibility, Oblong Land most restrictive night time sound level limit of given the addition of site acreage to the south. With the Conservancy the Town of Dover Zoning Code at the north addition of the former Rasco parcel, the Project is now and east property lines. The west property lines expected to comply with the most restrictive night-time abutting the Metro-North rail line and the sound level limit (50 dBA) of the Town of Dover Zoning noise southern proposed property line abutting other standards at the north, south and east property lines, which industrially zoned property are expected to be are the three property lines nearest to residential receptors.

non-compliant. This is not anticipated to be The manner in which sound travels is reflected in the problematic since these properties are not likely CadnaA modeling completed for the Project. As can be to be occupied by noise-sensitive uses.

seen in Figure 6-3, predicted sound levels comply with and We cannot support the view that exceeding the are significantly quieter than Town of Dover Zoning Noise Town of Dovers noise limits is acceptable under Standards at the westernmost Property boundary. However, any conditions irrespective of whether adjacent at the western property line of the Project Development land uses are noise sensitive or not. Sound Area, the Metro-North rail line extends through a narrow strip travels and there is no way to tell in advance of land, where the Projects sound levels are predicted to what, in fact, the impact of this new source of exceed this standard. Since the Metro-North railroad line is sound will be. not a noise-sensitive receptor, this will not result in either a public or private nuisance. As previously noted, at the Notwithstanding the modeling that has been westerly boundaries of that property beyond the railroad line, undertaken we retain considerable reservations the Project will comply with the Town of Dover Zoning Noise about the introduction of a new and continuous Standards.

source of sound in a substantially rural area. In these circumstances the project should be required to comply with all existing sound regulations.

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Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number C.L.J. Wood, a permanent sound monitoring regime along 12-8 Permanent sound monitoring is not proposed for the Project.

Oblong Land the lines of that proposed for the water However, as described in Section 6.3.4.4 of the FEIS, the Conservancy resources, and accompanied by the construction management firm will be contractually obligated requirement for remediation in the event of to meet the Town of Dover noise standards and is required significant noise impacts should be a to include a noise guarantee in their obligations for requirement. construction of the plant. This will include baseline monitoring during commissioning and start-up of the plant to confirm compliance with the noise standards. These measurements and associated report will be conducted by a third party licensed acoustical engineer in accordance with industry practices and any applicable state and local regulatory requirements. Should noise issues arise, CVE will work closely with the town to resolve them.

Michael it is also necessary that noise from the plant 13-3 The normal operation of the Project will have no noise Tierney, Dover have no impact on the school complex. We impact on the school complex, either indoors or out. As Union Free want assurances that during the plant described in Section 6.3.4.5, the Dover Middle/High School School District construction and operation, the noise would complex is located approximately 4,000 feet from the main have no effect on our ability to provide a quality power block. Sound levels at that distance are projected to education, both inside and outside of our be 35 dBA (as shown in Figure 6-3) at the exterior of the schools. nearest building. Inside the buildings, Project sound levels would be reduced still further. When added to existing ambient conditions, which are conservatively estimated to be above 40 dBA at the school complex, the effect would be a sound level increase of approximately 1 dBA, which is a negligible increase.

Similarly, due to the great distance between the Project site and the school complex, construction-related sound impacts are expect to be minimal (less than 45 dBA during the loudest of construction events). It should be noted that this estimate is conservative both because the loudest construction events will not occur continuously at the site and because it does not take into account the shielding Community Resources Page 6-44

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number effects from buildings, vegetation, earth contours, or atmospheric absorption.

Evelyn Chiarito Noise is already an issue. At the last Town 23-12 Beeping associated with back-up signals is designed to be and Joseph Board meeting, folks living on adjacent clearly heard; however, Rasco materials will no longer Chiarito, Dover Chipewalla Rd.complain that they constantly operate at the former Rasco parcel. The proposed Project Plains hear the back-up beeps from Rasco Materials layout is intended to minimize the need for backing once the Residents on the same site, and are greatly concerned facility is operational (see Appendix 6-F of the FEIS for about the noise they will have from Cricket drawings reflecting plans for internal traffic flow). However, Valley both from construction and when there could be some occasional backing of larger vehicles operational. It appears that Cricket Valley will during the construction period, and less frequently, during exceed the noise ordinance. After all, this is a operation. This type of activity will be limited to daytime.

narrow valley where noise carries and echoes In determining sound level compliance, the specifics of the from the surrounding hills.

sites topography and ground cover were incorporated into modeling. Estimates of operational sound levels produced by the Project were calculated using CadnaA environmental sound modeling software (Version 3.7.123 DataKustic GmbH). The CadnaA sound modeling software uses algorithms and procedures described in International Standards Organization (ISO) 9613-2, which provides estimates of sound levels for meteorological conditions that are favorable for the propagation of sound (downwind with a wind speed of 1-5 meters/second). Although the Project will still request a zoning amendment for sound levels to the west, as discussed in Section 6.3.4.2, this is only due to Metro-Norths narrow railroad parcel that traverses the Property. Compliance is achieved in all other compass directions.

Community Resources Page 6-45

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Mark Chipkin, The Cricket Valley Power Plan willaddnoise 25-3 Careful evaluation of Project sound levels, addition of Pawling pollutants to our environment. This will increase extensive sound mitigation (as discussed in Section Resident the health risks to residents, many of whom 6.4.3.3.2 of the DEIS), thorough compliance demonstration have moved to the Dover Region to avoid city (as described in Section 6.3.4.4 of the FEIS), and a pollutants. commitment to address any potential future complaints safeguard against community impacts associated with Project noise.

Mark Chipkin, No exception to decibel levels should be 25-5 The town will evaluate compliance with its ordinance and Pawling considered. consideration of a zoning code amendment. With the Resident addition of the former Rasco parcel, the sole remaining projected exceedance occurs on a property line that is not occupied by a noise-sensitive receptor (rather, the Metro-North railroad creates a significant amount of sound as it travels along the rail corridor). In addition, CVE will own approximately 1,000 feet of additional property on the other side of the railroad line. Since the Metro-North railroad line is not a noise-sensitive receptor, and CVE will own the Property on the other side of this receptor, this will not result in either a public or private nuisance. At the westerly boundaries of that property beyond the railroad line, the Project will comply with the Town of Dover Zoning Noise Standards. For these reasons CVE believes an exception should be granted.

Tamara Wade, I am concerned for those of our residents who 31-12 No loud nighttime operations are anticipated once the facility Wingdale live near the facility in regards to disturbance is operational. The Project will comply with the Town of Resident from noise during the construction phase and Dover nighttime noise standard (50 dBA) at all residential during operational period. As nuisance from property lines, where sleep interference could occur.

noise can create agitation and sleep deprivation, a very serious problem and being in a valley will During construction, the majority of louder activities will occur exacerbate that problem. CVE has asked for a during the day. Infrequently, some limited construction variance to be allowed to exceed 60 db toward activities will be required to occur at night. For example:

railroad.

• Concrete pours, which must be continuous for structural Community Resources Page 6-46

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number integrity, and which would not be anticipated to be particularly noisy;

• Transfer of materials from the remote Laydown Site to the Project Development Area, timed to avoid the evening commuter period and no later than 9:00 p.m.,

which would involve trucking noise;

• Hauling of heavy loads (such as the turbines), which per NYSDOT regulation must occur during late night hours to minimize effect on existing roadway use; and

• Construction finish work, as necessary, during later construction phases, which would predominantly occur indoor and would therefore not produce significant noise levels.

Graham The DEIS should analyze the potential 32-52 The proposed zoning amendment, as drafted, would apply Trelstad, impacts of this zoning amendment on other only to railroad properties abutting Manufacturing (M)-zoned AKRF qualifying properties in the Town of Dover. property. There are three such parcels in Dover to which While the project site is buffered by project this amendment may apply as written: (1) the 193-acre CVE owned land to the west, and other industrial Property located at 2241 Route 22; (2) the 97-acre Palumbo properties to the south, there may be other M Block Co. property located at 365 Dover Furnace Rd; and (3) zoned properties in the Town that do not have a the 42-acre Pegasus Farms property located at 2699 Route sufficient off-site buffer to protect nearby 22.

residences and sensitive receptors.

Graham The applicant should consider other 32-53 CVE has entered into an option to purchase the former Trelstad, alternatives for mitigating the noise on their Rasco parcel. Compliance with town standards can now be AKRF property. For example, the Rasco Materials demonstrated in that compass direction, as detailed in property and the property to the south of that Section 6.2.4 of the FEIS.

parcel are owned by Howlands Lake Partners, LLC, which is the same entity that currently owns the project site. If the applicant were to purchase additional property to the south, and merge the parcels into one, they would be able to meet the Town of Dover noise Community Resources Page 6-47

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number regulations at the southern property line. As demonstrated by the DEIS, the noise levels to the south sufficiently dissipate before they reach the residential properties on North Chippawalla Road.

Graham A request was made at the public hearing to 32-54 As discussed in Section 6.3.4.4, sound impacts produced by Trelstad, demonstrate the proposed noise levels on the the proposed Project will be the cumulative result of a wide AKRF project site. Similar to a balloon test to range of sources that are distributed over the entire Project demonstrate the visibility of a project, noise site. Some of these sources will be relatively small point should be produced on the project site for a sources (e.g., the discharge of the exhaust stacks, or set period of time that would replicate the transformers), and some of these sources will be large area anticipated noise levels of the project. The sources (e.g., the array of air cooled condensers along the noise test should be noticed in local newspapers, railroad Property line). There is no practical means to on the Town's website, and on signs along Route effectively simulate this diverse range of sound sources such

22. that an observer would be able to experience a realistic replication of sound impacts that will occur when the Project is actually operating.

An experience of potential Project sound would be better found at an existing plant of similar size and technology.

CVE representatives would be happy to facilitate a site visit for Town of Dover officials and interested parties.

T. Michael While the Applicant has conducted an 33-20 Additional discussion of potential operational impacts to Twomey, evaluation and analysis of potential impacts to species due to the Project is provided in Section 3 of the Entergy protected species due to construction of the FEIS. While protected species have not been found on the Project, there is no analysis of potential impacts Property, bog turtle and timber rattlesnake are known to due to plant operations. The Project will be the occur in the vicinity of the Property. It should be noted that source of new and continuous droning noise adjacent habitat where these species could possibly occur is within this rural area that is home to numerous proximate to an active commuter rail, a shooting club, and protected species. Yet, the DEIS contains only multiple quarry operations whose sound levels exceed that one conclusory sentence regarding potential of the Project. Further discussion on potential impacts to operational noise impacts to protected species. species due to Project sound levels is provided in Section Community Resources Page 6-48

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Operation of the project will result in a minor 6.4.3.6 of the FEIS.

long-term increase of ambient noise levels in the vicinity, which is not expected to significantly alter wildlife behavior.

DEIS, p. 3-48 to 3-49. There is no analysis or support given for this conclusion. There is no indication that the Applicant evaluated how wildlife behavior is generally affected by equivalent increases in ambient noise levels.

While protected species have not been identified as currently occurring on the Project site (which may be a reflection of inadequate habitat and species surveys), sound impacts are not site-limited and, therefore, may affect protected species living in the Project vicinity.

The Applicant should conduct an analysis of potential operational sound impacts to protected species within the Project's vicinity.

T. Michael An analysis of potential construction-related 33-21 Estimates for Project related construction sound levels were Twomey, noise impacts also is missing. Rock splitting, included in the DEIS within Section 6.4.3.2 and Table 6.4-2.

Entergy blasting, pile-driving, along with the two to three Worst case estimates of construction sound levels at off-week period of "steam blows" are just a few of site receptors are 61 dBA or lower. It should be noted that the many anticipated noise events associated the estimates provided in Table 6.4-2 are conservative, as with Project construction. Some of the the only attenuating mechanism considered in the analysis is equipment and construction procedures are divergence. Shielding effects from buildings, vegetation, reported to cause an estimated Lmax at 50 feet earth contours, and atmospheric absorption are not included over 100 dB. See DEIS, Appendix 6-E. The in the calculations.

Applicant must evaluate the potential impacts Construction activities which produce significant noise levels, of these noise events on protected species in such as excavation or commissioning, will be limited to the surrounding area.

daylight hours when background sound in the surrounding area increases significantly due to traffic activity on Route Community Resources Page 6-49

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number

22. Construction-related sound at more distant residential properties, as well as the Dover Middle/High School complex is expected to be consistent with typical daytime background sounds.

Further discussion on potential impacts to species due to Project sound levels is provided in Section 6.4.3.6.

T. Michael The DEIS appears to minimize the Project's 33-26 Estimates of operational sound levels produced by the Twomey, noise impacts by focusing on a few noise Project were calculated using industry standard, CadnaA Entergy metrics and "averaging" otherwise potentially environmental sound modeling software (Version 3.7.123 significant noise problemsthe DEIS also DataKustic GmbH). The CadnaA sound modeling software acknowledges that the Town of Dover's uses algorithms and procedures described in International nighttime noise standards will be violated by Standard ISO 9613-2:1996 Acoustics- Attenuation of sound the Project's ongoing operation...In addition to during propagation outdoors - Part 2: General method of the continuous noise, the Project will be the calculation. The methodology described in this standard source of single event loud noises that far provides estimates of A-weighted sound levels for exceed the average or continuous noise levels meteorological conditions that are favorable for the presented by the DEIS. See DEIS pp. 6-87 propagation of sound (downwind with a wind speed of 1-5 through 6-90. Moreover, construction of the meters/second).

power plant over a three-year period will entail Estimates for Project related construction sound levels were numerous events that far exceed the Town of included in the DEIS within Table 6.4-2 of the DEIS. Worst Dover's standards, such as rock splitting, case estimates of construction sound levels at off-site blasting, pile-driving and a two to three week receptors are 61 dBA or lower. It should be noted that the period of "steam blows"the Applicant asks estimates provided in Table 6.4-2 are conservative as the the Town to amend its laws to increase the only attenuating mechanism considered in the analysis is noise limit by ten decibels (from 50 to 60 dB) for divergence. Shielding effects from buildings, vegetation, M zoning districts. See DEIS, p. 6-91.

earth contours, and atmospheric absorption are not included Although the DEIS characterizes this as a in the calculations.

"slight adjustment" (see DEIS, p. 6-10), a 10 dB increase would permit the facility, as well as any Construction activities which produce significant noise levels, other facilities located in an M-zoned area, to such as excavation or commissioning, will be limited to emit nighttime noises that are ten times louder daylight hours when background sound in the surrounding than currently allowed As set forth in the area increases significantly due to traffic activity on Route Community Resources Page 6-50

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Town of Dover Noise Ordinance, "noise shall be 22. Construction-related sound at more distant residential prohibited when it is of such character, intensity properties, as well as the Dover Middle/High School complex and duration or of any type or volume that a is expected to be consistent with typical daytime background reasonable person would not tolerate under the sounds.

circumstances and that is detrimental to the life, The status of the Projects need for a zoning code health or welfare of any individual or would amendment for the towns noise standards is discussed in cause or create a risk of public inconvenience, Section 6.3.4.2.

annoyance or alarm." Town of Dover Code § 107-3(A). Noise of this character, intensity and duration is likely to be the case over both the three-year construction period for the proposed Project, and during its operation thereafter.

Ryan Courtien, Will there be any elevation in noise levels within 37-23 Passengers on Metro-North commuter trains will not Town a train passing the project site during experience elevated levels of noise as the result of the Supervisor construction/operation? Project. The trains traverse the CVE Property at up to 70 miles per hour and the trains own noise levels at this speed, as well as its closed windows will prevent any noticeable elevation in noise levels experienced by passengers.

Ryan Courtien, A publicized Noise Test to see actual effects of 37-26 As noted in Section 6.3.4.4, sound impacts produced by the Town expected for noise levels. This test should be proposed Project will be the cumulative result of a wide Supervisor coordinated with the Town of Dover Town range of sources that are distributed over the entire Project Government. Development Area. Some of these sources will be relatively small point sources (e.g., the discharge of the exhaust stacks, or transformers), and some of these sources will be large area sources (e.g., the array of air cooled condensers along the railroad Property line). There is no practical means to effectively simulate this diverse range of sound sources such that an observer would be able to experience a realistic replication of sound impacts that will occur when the Project is actually operating.

An experience of potential Project sound would be better found at an existing plant of similar size and technology.

Community Resources Page 6-51

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number CVE representatives would be happy to facilitate a site visit for Town of Dover officials and interested parties.

Stephen and Noise[is] of considerably greater 38-7 Estimates for Project-related construction sound levels were Cate Wilson, concern during the lengthy construction included in Table 6.4-2 of the DEIS. A receptor on N.

Wingdale period required to build the plant if it is Chippawalla Road was included in this analysis and Residents approved. The DEIS again discusses construction sound impacts are estimated to be between 45 sound impacts upon "the more distant and 55 dBA at this location. It should be noted that this residential properties", but does not estimate is conservative, as the only attenuating mechanism specifically address impacts on locations in considered in the analysis is divergence. Shielding effects immediate proximity. Not only our home, from buildings, vegetation, earth contours, and atmospheric but others and the Dover Middle School and absorption are not included in the calculations.

High School locations will be impacted by The 45-55 dBA levels at this location are consistent with this for three or more years if the project existing outdoor daytime background sound levels measured does not complete on schedule.

during the baseline sound study. They are also consistent with the Town of Dover daytime noise standards of 60 dBA at the Property boundary. Note that sound levels at locations indoors would be even lower. Although buildings vary in construction (and, therefore, sound attenuation), the USEPA has determined that on average (in both cold and warm climates) sound levels are reduced by 15 decibels (dB) when indoors with the windows open, and by 25 dB when indoors with windows shut (USEPA 1978).

At the school complex, sound produced by the construction and operation of the power plant will likely be unnoticed (outdoors or indoors), and will have no adverse impact on students or faculty.

Community Resources Page 6-52

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Stephen and The DEIS does not address issues related to 38-8 Construction-related sound levels will be temporary and Cate Wilson, prolonged exposure to the admittedly limited to daytime hours. As noted in the comment above, Wingdale excessive noise and air pollution that will the 45-55 dBA construction-related sound levels expected to Residents results from the construction process. Three occur on N. Chippawalla Road are consistent with existing years is a long time to suffer 50-70db sound outdoor daytime background sound levels measured during levels, even if they are intermittent. the baseline sound study. They are also consistent with the Town of Dover daytime noise standards of 60 dBA at the Property boundary. Sound levels indoors would be reduced by 10-15 dBA (open windows) and 20-30 dBA (closed windows).

Cristina How much noise is this plant will generate? Is it 40-6 CVE has incorporated significant mitigation measures to Bleakley, safe? After the plant is in operation is not much reduce noise, including obtaining an option to purchase Dover we can do. Therefore we must concentrate now additional property to increase the buffer from other land Resident and we must make sure we don't make a choice uses. As noted in Section 6.3.4.4, predicted compliance with without making sure it is best choice for us. All the Town of Dover noise standards will be confirmed by the Dover residents have the right to live in a safe construction management firm prior to operation.

environment.

Following commencement of operation, any noise complaints would be addressed by CVE, coordinating with the town and Town Code Enforcement Officer to identify a root cause. The Code Enforcement Officer has the authority to enforce the town noise ordinance and prevent, restrain, correct or abate any violation of Chapter 107-6 of the Dover Town Code.

Robert Herzog, Noise is a particularly invidious pollutant. It can 42-8 The Cornell study referenced by the commenter found that Dover permeate landscapes, has different impacts elevated stress levels occurred in a sample of Austrian Resident depending on area topography, and once a children exposed to day-night average sound levels above source is permitted, nearly impossible to 60 dB. As described in Section 6.4 of the DEIS, off-site regulate. A local business not far from the CVE-related sound levels outdoors are expected to be 48 Cricket Valley site, JTR Bus Company, must dBA at the nearest residential receptor or lower at other work on its buses inside its garage; when it adjacent properties (excluding the Metro-North railroad line).

doesnt, the noise can be heard for miles These estimated levels will result in a day-night average around. sound level of 54 dB or lower at the nearest residential Community Resources Page 6-53

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number receptor, which is well below the above referenced threshold Noise has the potential to devastate the of 60 dB.

character of the environment which the plant wants to inhabit. Noise is a constant irritant. As explained in Section 6.3.4.5, sound levels produced by The plant has described the sound coming from the operation of the proposed Project were evaluated at the it as that of a light rain. Thats also the sound of Dover Middle/High School complex and sound levels are constant traffic. That noise will be heard expected to be below 35 dBA at the exterior of the nearest constantly for substantial distances around the building (see Figure 6-3 of the FEIS). Indoor sound levels plant. A study by Cornell University would be further reduced. When added to existing ambient environmental psychologists, published in the conditions, which are conservatively estimated to be above Journal of the Acoustical Society of America 40 dBA at the school complex, the effect would be an (Vol. 109, March 2001), found that even the increase of approximately 1 dBA, which is a negligible low-level but chronic noise of everyday local increase.

traffic can cause stress in children and raise blood pressure, heart rates and levels of stress hormones.

Robert Herzog, B. The noise levels projected for the plant will 42-9 The sound levels incorporated in the modeling will be Dover have a devastating local impact. Initially, the guaranteed by equipment vendors. Through the modeling, Resident plants developers claimed they would produce the Project has demonstrated compliance with local an average no louder than 50db - meaning that standards at each of its outermost boundaries (the railroad it will frequently be higher than that level. A property for which a waiver is required extends through the study for the European Commission (known as Property). As described in Section 6.4 of the FEIS, off-site RANCH) investigated road traffic and aircraft CVE-related sound levels will be well below 60 dBA and, noise exposures and childrens cognition and with the exception of the Metro-North railroad line, will be health. It found that children exposed to noise below 50 dBA even on adjacent properties (see Figure 6-3).

levels over 55dB(A) achieved lower scores in The modeled sound levels are based upon outdoor sound, reading tests and the affected children will be which would be further reduced if a listener were inside a disadvantaged in their development of speech building. The USEPA has determined that on average (in and reading abilities as well as more general both cold and warm climates) sound levels are reduced by communication skills. Noise may also have 15 dB when indoors with the windows open, and by 25 dB effects on fetal development due to (stress) when indoors with windows shut (USEPA 1978).

effects on expectant mothers. Environmental noise also has cognitive effects in older children The largest population of children and adults located in Community Resources Page 6-54

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number and adults, due to hindering communication, as proximity to the Project is located at the Middle/High School.

shown by studies of aggression, mental health As detailed in Section 6.3.4.5 of the DEIS, sound levels and anxiety. produced by the operation of the proposed Project were evaluated at the Middle/High School complex and sound The World Health Organization (WHO) levels are expected to be below 35 dBA at the exterior of the recognizes community noise, including traffic nearest building (see Figure 6-3). As noted above, indoor noise, as a serious public health problem. sound levels would be further reduced. When added to There is a general consensus about the noise existing ambient conditions, which are conservatively levels which cause health impacts: estimated to be above 40 dBA at the school complex, the

• Environmental noise above 40-60dBA effect would be an increase of approximately 1 dBA, which is Leq is likely to lead to significant a negligible increase.

annoyance.

• Outdoor noise levels of 40-60 DBA Leq may disturb sleep.

Based on their own numbers, the Cricket Valley plant will continuously exceed these levels.

Robert Herzog, Other studies have shown that sound greater 42-10 As detailed in Section 6.3.4.5, sound levels produced by the Dover than 30db can disturb sleep, and exposing operation of the proposed Project were evaluated at the Resident students to a constant hum in that range has Middle/High School complex and sound levels are expected been demonstrated to interfere with learning, yet to be below 35 dBA at the exterior of the nearest building it now seems clear that that is precisely the (see Figure 6-3). Sound levels indoors at the school impact the Cricket Valley plant will have. The complex would be further reduced. When added to existing Dover High School is around 1000 yards from ambient conditions, which are conservatively estimated to be the plant. There is no reason why the students above 40 dBA at the school complex, the effect would be an of that school should be subject in perpetuity to increase of approximately 1 dBA, which is a negligible the constant noise emanating from the plant, increase. No disruption in learning or sound level impact is which will infiltrate their classrooms and study anticipated from the Project.

halls.

The Town of Dover is being asked to sacrifice the learning environment of its most precious resource, its children and students, for the Community Resources Page 6-55

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number dubious distinction of building an unnecessary power plant for a system that doesnt need it.

Robert Herzog, CVE is admitting they will be unable to meet 42-11 It is appropriate to question and evaluate the proposed plan Dover existing sound regulations, and proposed to get to understand the design sound levels. CVE has Resident around this otherwise fatal flaw not by changing incorporated significant mitigation measures to reduce noise their equipment, but by petitioning for a change (as detailed in Section 6.4.3.3.2 of the DEIS), including in the standard, as if the standard need not obtaining an option to purchase additional property, the apply to them. They seek to get around the former Rasco parcel, to increase the buffer between the regulations by trying to make a case that Project and other land uses.

sounds emanating from the plant will be uni-Note that the addition of the former Rasco parcel has directional, magically being confined to the rail effectively moved the southern property line of the site line. In reality, the sounds made by various approximately 2,000 feet, ensuring that the Project will be in equipment in the plant will radiate broadly, compliance with the Town of Dover noise standard at the ending up in the homes of residences and other north, east, and south property lines. As explained in uses in the area who will have no effective Section 6.3.4.2 of the FEIS, the only exceedance is along protection from levels that exceed existing the Metro-North railroad line. It should be noted that this regulations.

property, which transects the CVE Property, is not occupied That is literally intolerable -- noise regulations by noise-sensitive uses and CVE will own approximately were designed to protect local environments 1,000 feet of additional property on the other side of the and residents. It is precisely when an entity railroad line. Since the Metro-North railroad line is not a cannot meet such regulations that they are not noise-sensitive receptor, and CVE will own the Property on to be discarded, for that is when they are most the other side of this receptor, this will not result in either a needed. CVE acknowledging they cannot and public or private nuisance. At the westerly boundaries of the will not meet these standards, will violate them, property beyond the railroad line, the Project will comply with and too bad for the locals. the Town of Dover Zoning Noise Standards.

The levels of 59db the plant will be emitting, well CVE is requesting an amendment to the Town of Dover in excess of the 50db limit, are not trivial. The Zoning Code so as to permit the anticipated noise levels at EPA reports that outdoor noises in the 60db the railroad line, without negatively impacting community range historically generate widespread character and residential uses. The proposed amendment complaints and individual threats of legal action. remains consistent with zoning and planning requirements The Town of Dover does not want to and does which protect the quality of life for non-industrial properties, Community Resources Page 6-56

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number not need to impose this burden on its residents including residential properties, but will permit an for years to come. economically beneficial use to be developed on appropriately zoned property.

The town has ample authority to deny the plant on the grounds of noise CVE is able to demonstrate compliance with state policy and with local standards where sensitive land uses exist, and to demonstrate that sound levels from the facility will be significantly less than those state and local compliance levels at the school complex. That said, sound level impact is not influenced by compliance with standards alone, and CVE is committed to working with the town to address any noise issues that may arise during the course of Project construction or operation.

Robert Herzog, For three years construction noise levels will be 42-12 The 90 dB sound level referenced by the commenter is the Dover substantially in excess of both regulations and expected sound level during the loudest construction event Resident generally recognized safe levels. It will occur at a receptor 50 feet from the emission source (i.e., on the primarily during school hours... Construction CVE Property). The nearest school building is approximately noise will approach 90db. Studies show that 4,000 feet from the Project. When the sound level is noise in excess of 65 db precludes a attenuated for the approximately 4,000-foot distance, conversation. Allowing this plant to be built construction sound levels at the school during the loudest effectively means sacrificing several high school construction event (for example, a pile driver or concrete class years. This noise will decimate the high saw, as described in Appendix E of the DEIS) are estimated school learning environment. For what? For a at 45 dBA or lower.

plant that will never provide them or any other Estimates for Project-related construction sound levels were local resident any lasting benefit, and that has at included in the DEIS within Table 6.4-2. Due to the best questionable benefits for the region. And variability of sound levels over the construction period, the what kind of a message will it send to the analysis utilizes USEPA procedures which generalize students in Dover, as to the towns priorities?

construction noise emanating from typical, similar construction sites, and then calculates the projection of sound from the Project Development Area. Worst case estimates of construction sound levels at the nearest residential receptors are 61 dBA or lower. It should be noted Community Resources Page 6-57

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number that the estimates provided in Table 6.4-2 of the DEIS are conservative as the only attenuating mechanism considered in the analysis is divergence. Shielding effects from buildings, vegetation, earth contours, and atmospheric absorption are not included in the calculations.

For these reason, sound produced by the construction and operation of the power plant will likely be unnoticed (outdoors or indoors) at the school complex, and will have no adverse impact on students or faculty.

Robert Herzog, The plant operators can make whatever claims 42-13 As previously noted in Section 6.3.4.4, the construction Dover they want regarding noise, but the practical fact management firm will be contractually obligated to meet Resident is, once the plant is open, there will be few ways these noise standards and is required to include a noise to measure and no ways to mitigate should they guarantee in their obligations for construction of the plant.

exceed their noise standards. No one would This will include baseline monitoring during commissioning close the plant down for a noise violation, the and start-up of the plant.

local inhabitants can complain repeatedly and Once the facility is fully operational, CVE will measure the nothing will ever be done...

actual operational sound levels at the selected residents and Property lines. These measurements and associated report will be conducted by a third party licensed acoustical engineer in accordance with industry practices and any applicable state and local regulatory requirements. Following commencement of operation, noise complaints will be addressed by CVE, coordinating with the town. Once a root cause for the complaint is established, there are many approaches that can be taken to further mitigate impact.

CVE has made a commitment to work with the local community to resolve complaints within that context.

Community Resources Page 6-58

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Cate Wilson, There are a couple of places in the executive T2-4 CVE has incorporated significant mitigation measures to Wingdale summary where we talk about the noise levels reduce noise (as detailed in Section 6.4.3.3.2 of the DEIS),

Resident in particular that are going to occur during the including obtaining an option to purchase additional property construction project. The noise, the emissions, to the south to increase the buffer from other land uses.

the traffic, all of that is going to have a Note that the addition of the former Rasco parcel has significant impact on all of those who are local.

effectively moved the southern property line of the site Since our property directly abuts -- it's approximately 2,000 feet, ensuring that the Project will be in immediately south of Howland's Apartments.

compliance with the Town of Dover daytime and nighttime We're in kind of a hot spot for the ultimate noise noise standards at the north, east, and south property lines, level and all the rest of it. However, the study including the property of the commenter.

itself never addresses that southern end except to say thatwhile the project is expected to comply with the most restricted nighttime sound level limit of the Town of Dover zoning code, which is not specified here, at the north and east property lines, the west line and the southern line abutting other industrial zoned, and we are not industrial zones, are expected to be noncompliant They've requested an adjustment to the zoning law to allow for that higher level of noise which I really think is unacceptable. If you're going to have a rule about a noise level and it's a nighttime noise level, in particular, it should be adhered to --

Towns should make them stick to that.

If that means the construction project takes a little bit longer, that's -- people shouldn't be kept awake at night because they're building a plant.

Community Resources Page 6-59

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Cate Wilson, We are in a place here in this little valley where T2-6 CVE is addressing the concern to maintain quiet in natural Wingdale for many, many years, we've enjoyed what I areas through noise mitigation measures in the Project Resident can only call a pristine environment. It's design, and CVE has acquired the right to purchase a completely and totally outside the normal level significantly larger parcel than is necessary for the Project in of places where most people live. We have a order to provide an adequate buffer for such potential better environment than what is standard. So impacts. At the edge of the CVE Property in all directions, now we have a project that proposes to including the residential properties to the south, the Project increase the noiseto a level that's within will comply with both state standards and local requirements.

acceptable realms, but acceptable compared It is only along the narrow strip of Metro-North property that to somebody else's. traverses through the site that the Project would exceed the local standard.

The construction of the Project will have a range of different sounds over the three year construction period. In addition to consistency with the state policy and compliance with town standards, CVE has identified the process through which it will address potential noise complaints to determine their root cause as described in Section 6.3.4.4 of the FEIS.

Cristina I'm concerned about the traffic noise that will T2-9 With the addition of the former Rasco parcel and its ability to Bleakley, be imposed on the surrounding roads. As you provide on-site parking the construction crew during most of Dover know, most of the traffic coming from 22 North the construction period, use of the remote Laydown Site for Resident and going to commuting, they might not wait parking is anticipated to be much less extensive. Since for the side road or the side passage that you'll fewer cars will be accessing the remote Laydown Site during be providing as a shoulder to pass. So some of a much more limited period of time (i.e., during peak those cars might direct into the private roads, construction only), use of local side roads as detours (and such as Sherman Hill. How is that going to any associated noise impact) is not anticipated.

affect?

Community Resources Page 6-60

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Cristina The level of noise, as the resident was T2-13 CVE has carefully considered noise impacts to the Bleakley, mentioning, if the level is so high in the surrounding community in developing the Project layout and Dover daytime, the kids are supposed to be outside in the selection of facility components and orientation. As Resident playing, so if they're dealing with the noise that such, the Project is not expected to produce a significant might be exceeding the levelfor them to be noise impact and will be consistent with the levels outside. established in NYSDEC guidelines and local noise requirements. Outdoor sound from the facility will not be intrusive.

Mark Chipkin, I know because -- for instance, on my roadwe T3-9 All significant equipment required for the operation of the Pawling have a facility that stores bank records, and it Project was considered in the analysis of sound levels.

Resident seemed like it was gonna be quiet, but all of a Generators will be equipped with noise mitigation to ensure sudden what happened is thatwhenever there the Project does not exceed established noise limits (as was any kind ofelectrical outage, they ran described in Section 6.4.4.4) Further discussion on potential generators, and for peopleby the Nature impacts to species due to Project sound levels is provided in Reservewho enjoy listening to birds and Section 6.4.3.6.

animals, and you hear this constant hum for days sometimes,it really does get in the way of enjoying life, I think.

Chris Wood, The project expects you to comply with the T3-25 CVE has addressed the concern to maintain quiet in natural Pawling most restrictive nighttime sound-level limit in the areas by incorporating noise mitigation measures into the Resident, Town of Dover Zoning Code at the north and Project design, and has acquired the right to purchase a Oblong Land east property lines. However, the west property significantly larger parcel than is necessary for the Project in Conservancy line abutting the Metro-North rail line and the order to provide an adequate buffer for such potential southern-prepared property line approximately impacts. At the edge of the CVE Property in all directions, how will it adjust to our reserve property, expect including the Oblong Land Conservancys Carruth Preserve, it to be noncompliant. This is not anticipated to the Project will comply with both state standards and local be problematic since these properties are not requirements. It is only along the narrow strip of Metro-North likely to be occupied by noise-sensitive users. property that traverses through the site that the Project We cannot support the view that exceeding the would exceed the local standard. Metro-Norths use of that Town of Dover's noise limits are acceptable property results in significant sound levels along the railroad under any conditions irrespective of whether road and to surrounding properties.

adjacent landowners are noise-sensitive or not.

Community Resources Page 6-61

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number Chris Wood, Sound travels and there is no way to tell in T3-26 In determining sound level compliance, the specifics of the Pawling advance what, if any, effect, the impacts of this sites topography and ground cover were incorporated into Resident, new source of sound will be. Notwithstanding modeling. Estimates of operational sound levels produced by Oblong Land the modeling that has been undertaken, we the Project were calculated using CadnaA environmental Conservancy retain considerable reservations about the sound modeling software (Version 3.7.123 DataKustic introductions of the new and continuous source GmbH). The CadnaA sound modeling software uses of sound in a substantially rural area, and in algorithms and procedures described in ISO 9613-2, which these circumstances the project should be provides estimates of sound levels for meteorological required to comply with all existing sound conditions that are favorable for the propagation of sound regulations. (downwind with a wind speed of 1-5 meters/second).

Although the Project will still request a zoning amendment for sound levels to the west, as discussed in Section 6.3.4.2, this is only due to Metro-Norths narrow parcel that traverses the site. Compliance is achieved in all other compass directions.

Chris Wood, Additionally, a permanent siting regime along T3-27 The Project has been designed with the measures that will Pawling the lines of that proposed for the water achieve the sound levels represented. Additional monitoring Resident, resources and accompanied by the requirement and compliance is detailed in Section 6.3.4.4 of the FEIS.

Oblong Land for remediation in the event of significant noise Conservancy impacts should be a requirement.

Community Resources Page 6-62

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number It seems like no matter what happens, even T3-29 The Project has been carefully designed to integrate noise Tyler Davis, with the best technology available, the town of reduction measures and comply with state guidelines and Dover Plains Dover will take a hit when it comes to noise, local noise standards, except along one narrow stretch of Resident and to me, that's a problem, because it seems property traversing the site which is used for active rail like we're not gonna benefit directly by anything, travel. Sound level impacts, therefore, from the Project will that there is some type of grid on a regional be appropriately managed to be consistent with applicable level, on a national level. What about us? If standards. The Project will provide local and regional we're gonna have this huge thing in our town, I economic and environmental benefits by adding temporary want something back. and permanent jobs and by reusing a dilapidated industrial site in a productive and environmentally sensitive manner.

The Project will also provide a long-term revenue source for the Dover Union Free School District, the Town of Dover and Dutchess County through contributions to the tax base. The local community will also have the benefit of funds from the Projects tax agreement.

Mr. Galayda, as far as the noise concern also goes, I'm not T3-82 The addition of the former Rasco parcel allows the Project to Town Board going to budge on the noise concern. I think that comply with the local noise code at the furthest extent of the if you're investing a billion, invest a little more project site in all compass directions. The one location and make it adhere to our Noise Code, because where compliance is not predicted to be met, and for which a I completely agree with the remarks that noise code amendment has been requested, is along the narrow ordinances were set for a reason, and I think Metro-North property that traverses through the site. The that 50 decibels, if it's like this (indicating), is railroad track on this narrow property is itself a source of one thing, but if it's this constant thing intermittent, but significant noise.

(indicating), it becomes a drone and people As discussed in Section 6.3.4.4, sound impacts produced by have to listen. You know, and if they're listening the proposed Project will be the cumulative result of a wide to it 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, seven days a week, that's range of sources that are distributed over the entire Project very difficult. So, something that I would like to Development Area. Some of these sources will be relatively see is exactly what 50 decibels sounds like on small point sources (e.g., the discharge of the exhaust the site. So, I would like a determination done stacks, and transformers), and some of these sources will be on the site as to where the most noise is going large area sources (e.g., the array of air cooled condensers to come from and then I would like an along the railroad Property line). There is no practical independent company to come in and crank up means to effectively simulate this diverse range of sound Community Resources Page 6-63

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-4. Response to Comments - Noise Author Summary Comment Response Number 50 decibels and leave it running for a week and sources such that an observer would be able to experience let the residents -- let the residents know. a realistic replication of sound impacts that will occur when Because we can all talk about light rain, we the Project is actually operating.

could all talk about -- you know -- you know, and An experience of potential Project sound would be better outside of the fact that it might rain for two or found at an existing plant of similar size and technology.

three days, you start to lose your mind if you're CVE representatives have offered to facilitate a site visit for listening to the drone of even something like Town of Dover officials and interested parties.

that. So, you know, I think that we can all talk about -- there's ways that we can easily provide notice to the Town and to residents as to what it really is, put up a big sign telling them that this is going on, stop your car and listen.

Ms. DuHamel we could ask them to size the project so that T3-86 CVE has incorporated numerous noise mitigation measures they're not going over noise thresholds to result in a facility that complies with state and local noise

...That's what an expert would be able to tell requirements along its outer property boundary. A zoning you, at what point does the size bringnoise code amendment is now only requested as it pertains to the down to our acceptable levels. I don't want to strip of Metro-North land that traverses through the Property.

rely on AKRF for that In addition to the expert engineers and acoustical consultants which CVE has utilized in the Projects design and analysis, independent review has occurred at the state level by NYSDEC and at the local level by AKRF.

Ms. DuHamel mitigation is cheaper and more effective than T3-87 As described in Section 6.3.4.4, monitoring and compliance remediation. And who's gonna enforce it? The will be achieved prior to plant operations by a third party DEC, the DEC that allowed Rasco's licensed acoustical engineer in accordance with industry predecessor to leave junk all over that property practices and any applicable state and local regulatory and then bring in another contaminated soil requirements.

project over our aquifer. We don't want to rely on DEC to be enforcing excess emissions or excess noise or anything like that. I want us to meet our standards before that point goes up.

Community Resources Page 6-64

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3.5 Electric and Magnetic Fields No comments were received regarding the potential change to electric and magnetic fields associated with the Project. The Project benefits from the proximity of existing transmission infrastructure to the north of the Project Development Area.

6.3.6 Cultural Resources CVE undertook an investigation and review for potential archaeological and cultural resources at the Property in the summer 2009. A review of the OPRHP website found no historic resources identified in the vicinity of the Project Development Area and, after consultation, OPRHP determined that there will be No Effect to cultural resources at the Project Development Area.

CVE also requested a review of potential archaeological or cultural resources from OPRHP with regard to the remote Laydown Site, located 2.5 miles north of the Project Development Area. OPRHP requested Phase 1A and Phase 1B surveys at the remote Laydown Site, due to a moderate to high potential for the presence of prehistoric cultural resources. After extensive field work, survey crews did not find evidence of either a prehistoric or historic site within the remote Laydown Site and submitted its findings to OPRHP. In a letter dated July 6, 2011, based upon the results of the Phase 1B survey, OPHRP indicated that use of the remote Laydown Site will have No Effect upon cultural resources (see Appendix 6-E of the FEIS).

With the addition of the former Rasco parcel to the Property, CVE requested a similar review of potential archaeological or cultural resources from OPRHP in February 2012. In a letter dated February 29, 2012, OPRHP concurred with its findings for the Project Development Area, indicating that the expanded use of the Property will continue to have No Effect on cultural resources (see Appendix 6-E of the FEIS).

Table 6-5 outlines comments and responses associated with cultural resources.

Community Resources Page 6-65

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-5. Responses to Comments - Cultural Resources Author Summary Comment Response Number Graham As part of its review of the 32-55 To CVEs knowledge, OPRHP has not conducted on-site reviews for Trelstad, proposed project, did the NYS the Project. However, photographs and descriptions of the existing site AKRF OPRHP conduct any on-site buildings were provided (as illustrated in the correspondence dated reviews of the project? While the August 13, 2009 provided in Appendix 6-G of the DEIS). The former project site buildings are in industrial uses since 1942 and other characteristics were known as a substantial decline, they do context for OPRHPs correspondence.

represent a period of Dover's industrial history and have connections to a significant wartime effort. Certain building elements may warrant further study and documentation prior to demolition.

Ryan Courtien, ES-17: In the Unanticipated 37-16 As discussed in Section 6.6.4 of the DEIS and in the Unanticipated Town Discoveries Plan, who would be Discoveries Plan provided in Appendix 6-G of the DEIS, OPRHP would Supervisor notified in case of an event? be notified, and the New York State Police would be notified, if appropriate.

Ryan Courtien, ES-17: CVE requested a similar 37-17 CVE actively requested review from OPRHP for the Project Town review from OPRHP or was the Development Area, the remote Laydown Site and the former Rasco Supervisor request made in the opposite parcel in the form of correspondence provided in Appendix 6-G of the direction? DEIS and Appendix 6-E of the FEIS).

Cristina And the last part I read, they had T2-15 As described in Section 6.2.6, archaeological survey crews did not find Bleakley, archeological materials that they were evidence of either a prehistoric or historic site within the remote Dover doing the study on this parking area. I Laydown Site and submitted its findings to OPRHP. In a letter dated Resident couldn't find anywhere what was the July 6, 2011 (6-D), based upon the results of a Phase 1B survey, result of the second phase. Were OPHRP indicated that use of the remote Laydown Site will have No they able to find anything there that Effect upon cultural resources.

was there before?

Community Resources Page 6-66

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.3.7 Socioeconomics 6.3.7.1 Job Creation Project development and construction will require an estimated investment of approximately

$955 million, which will provide a significant benefit to the local, regional, and state economies. It is expected that an annual average of 300 construction jobs will be created during the three-year construction of the Project, with up to 750 jobs during the five-month peak construction period. The DEIS, in Section 6.7.3.1.3, outlined the workforce availability in the general area, concluding that approximately 90 percent of the required construction labor force could be filled by the local labor market.

Once completed, operation of the facility will directly support approximately 28 well-paying permanent jobs in Dover. The investment in the plant, during both construction and operation, will also result in significant secondary economic benefits to the local, regional and state economy. Project construction is estimated to generate and induce creation of 2,202 FTE jobs, including 751 secondary jobs in Dutchess County, in a wide variety of industries such as facility maintenance, security, food service, mining (sand and gravel),

and construction supplies. Upon completion, the Project is projected to create 54 FTE jobs, including 26 secondary jobs.

6.3.7.2 Property Values According to a study conducted by the Public Service Commission of Wisconsin, actual property value is comprised of an often complex set of desirable and undesirable factors, including proximity and quality of schools, the attractiveness of the house and yard, and access to work and to local amenities. The research has not been conclusive because of the difficulty researchers have of accounting for all of the variables. The few studies done to date have not shown a clear, consistent correlation between power plant location and 6

reduced property values.

6 See: Environmental Impacts of Power Plants, Public Service Commission of Wisconsin, at pg. 12 -

available at: http://psc.wi.gov/thelibrary/publications/electric/electric15.pdf Community Resources Page 6-67

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY In this situation there are no residences directly adjacent to the Project Development Area.

It is also important to note that property values are driven by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT agreement will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes, all of which may positively affect property values in the vicinity of the CVE Project.

6.3.7.3 Local Agreement and Benefits The Project will provide a long-term revenue source for the Dover schools, the Town of Dover and Dutchess County through a PILOT agreement and Community Benefits Package. The proposed PILOT agreement will be coordinated through the Dutchess County Industrial Development Agency (IDA). However, while the agreement will be coordinated with the IDA, the Town of Dover and Dover Union Free School District are working together to negotiate the final payment and structure on behalf of the residents of Dover. These parties have hired a third-party independent consultant, paid for by CVE, to guide the Town through the process. All parties, including CVE, will work to ensure any negotiated tax agreement or Community Benefits Package does not impact state or federal funding to the school district.

Table 6-6 outlines comments and responses associated with socioeconomic issues.

Community Resources Page 6-68

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Tara Shoureck, At best, these [jobs] are going to be what 10-9 The Project has a projected lifespan of at least 30 years, although Wingdale I view as long term temp jobs. Why? it is common for such power plants to receive improvements and Resident Because the plant will have an expiration approvals that extend their life still further. Employment provided date when it no longer will be online, and by a facility that plans to operate for 30+ years is not considered the few technical jobs it will create will temporary.

disappear as well.

Tara Shoureck, As far as construction jobs go, I am no 10-10 All construction-related jobs are temporary by nature, with workers Wingdale expert, but big jobs of this nature tend to (union or not) completing one assignment then moving on to the Resident go to the unions. So, if you are a next. This Project provides a three-year construction cycle as a member of a particular union that gets platform for local employment, some of which will require skilled this contract, you will have employment trade workers. Throughout the construction period, a significant for a few years. Again, a temp job to a secondary job effect (for example, security, food service, mining, particular union, as all these jobs are. construction supplies) occurs that would be unrelated to whether union labor is employed.

Evelyn Chiarito We need to be sure that our small rural 23-11 At the Middletown, Connecticut project, natural gas was used to and Joseph fire company is equipped to handle purge pipes, contributing to the explosion at that facility. In Chiarito, Dover accidents. We recall the huge explosion response to the Middletown, Connecticut accident, the NFPA has Plains and tragedy at the Middletown, Ct. gas issued its new standard NFPA 56 (PS) Standard for Fire and Residents fired power plant. Safety is critical Explosion Prevention During Cleaning and Purging of Flammable especially since the facility is close to the Gas Pipeline Systems. All cleaning of pipes will be performed Dover High School and Wingdale with inert gases or compressed air, which is consistent with Elementary School and residential Advanced Powers policy and the new NFPA standards. The plant communities, as well as Con Ed at Middletown did not use inert gases for purging.

transmission lines and Iroquois gas A detailed Emergency Response Plan (as discussed in Section transmission line. How will Cricket 6.2.7 of the FEIS) will be developed in consultation with Valley be prepared to handle such a appropriate Town officials, including the Town Board, Dover Union situation?

Free School District, J.H. Ketcham Hose Company, and other emergency response providers. The plant will be equipped with on-site fire protection systems which will be fully automated to provide alarm, detection, and suppression capability for all occupied spaces and hazard areas, with the assumption that Community Resources Page 6-69

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number facility personnel will have minimum involvement for fire response.

CVE will work cooperatively with the J.H. Ketcham Hose Company in the planning for and response to emergency situations, should they arise. CVE representatives have coordinated, and will continue to coordinate, with J.H. Ketcham Hose Company officials to ensure adequate resources are place.

Mark Chipkin, Jobs in the community in exchange for 25-11 The Project has been carefully designed with extensive pollution Pawling polluted air for everyone else, is not control technology and low emissions, demonstrating compliance Resident acceptable. with National Ambient Air Quality Standards. As discussed in Section 4 of the DEIS and FEIS, the Project is predicted to create a net air quality benefit in the New York region. As a result, the Project represents a low impact project that also brings the benefit of jobs into the local community.

Tamara Wade, A total of 30 permanent highly 31-14 The Project fulfills a need for additional electric generation and will Wingdale skilled jobs with a goal of taking create over 1,000 worker-years of construction employment, 25 to Resident coal burning power plants off line, 30 permanent high-paying professional jobs and will generate and the employees along with it. millions of dollars in taxes to benefit the town, county, school JOB CREATION? Really? district and state along with millions of dollars in secondary employment and other economic benefits. CVE will continue to Up to 780 temporary jobs over the course coordinate with local emergency service providers to verify that of three years (many of which will come adequate resources are in place. It is not anticipated that any from Dutchess county) with Dover major additional resources will be required.

bearing the brunt (many of which) speaks about County not Dover. Where The specific location from which construction workers will come will the other percentage come from? cannot be known at this time. However, the DEIS, in Section And how fortunate that they will not 6.7.3.1.3, outlines the workforce availability in the general area, have to live here when the product of concluding that approximately 90 percent of the required their employment is complete. What construction labor force could be filled by the local labor market.

about those who do not stand to profit For the many workers in the area who focus on construction by means of employment or bid activity, this Project has the potential to provide a significant winning? Again does ANY financial benefit.

gain make jeopardizing health As discussed in the DEIS and this FEIS, the Project does not acceptable?

Community Resources Page 6-70

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number present significant negative health impacts, and is projected to have positive environmental and community impacts, for example, related to air quality. Compliance with environmental and community standards has been demonstrated for the Project across the range of evaluated issues.

Tamara Wade, I dont believe our (volunteer) Fire 31-16 Prior to commencement of construction, a comprehensive security Wingdale Department will have the capacity to plan will be developed and implemented that will address both Resident respond to a catastrophic event at the construction and operational phases of the Project. In addition, a plant in a time frame necessary. CVE detailed Emergency Response Plan (as discussed in Section 6.2.7 states that they will be working closely of the FEIS) will be developed with the appropriate Town officials, with our local Fire Dept. Does this including the Town Board, Dover Union Free School District, J.H.

mean they will furnish the Departments Ketcham Hose Company, and other emergency response with equipment, training and (PAID) providers. The plant will be equipped with on-site fire protection manpower, in order to effect quick systems which will be fully automated to provide alarm, detection, response and increased safety of our and suppression capability for all occupied spaces and hazard firemen and those they stand to protect? areas, with the assumption that facility personnel will have A volunteer based fire department is not minimum involvement for fire response. CVE will work going to cut it! they need full time paid cooperatively with the J.H. Ketcham Hose Company in the firemen that CVE should be paying for planning for and response to emergency situations, should they as well as increasing their capacity by arise. CVE representatives have coordinated, and will continue to means of training and equipment. coordinate, with J.H. Ketcham Hose Company officials to ensure adequate resources are place.

Tamara Wade, With Dover Knolls being a much 31-17 The Project has a net positive impact on the environment, reducing Wingdale needed opportunity for the growth of regional emissions, cleaning up and restoring an inactive Resident Dover, what negative impact would a abandoned industrial site unlikely to be otherwise remediated, power plant have on Dover Knolls restoring degraded wetlands and jurisdictional Adjacent Area, and ability to sell properties, ranging from preserving in perpetuity 79 acres of land along the Swamp River.

low income to high end at the prices necessary to meet their required profit? As noted in Section 6.3.7.2, actual property value is comprised of What study has been done to gather an often complex set of desirable and undesirable factors, data regarding impact to property including proximity and quality of schools, the attractiveness of the values be it residential or commercial. house and yard, and access to work and to local amenities.

Research regarding property values has not been conclusive Community Resources Page 6-71

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Most of us cannot afford to lose any because of the difficulty researchers have of accounting for all of more value in an already depressed real the variables. The few studies done to date have not shown a estate market. And many of us have clear, consistent correlation between power plant location and invested great amounts of money into reduced property values.

our real estate that we may not see the return on. According to the study, The It is important to note that property values are driven by a myriad of Effect of Power Plants on Local factors which include externalities such as the quality of school Housing Values and Rents by Lucas W. systems, property taxes, and community services. CVEs PILOT Davis there may be substantial impact. agreement will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes.

Tamara Wade, The greatest beneficiary is Advanced 31-20 In addition to its careful design, the Project will provide local and Wingdale Powers, then, whoever is the owner of regional economic and environmental benefits by adding Resident the facility there after, Dover is very last temporary and permanent jobs and by reusing a dilapidated on that list. Will our schools stand to industrial site in a productive and environmentally sensitive lose any state funds as a result of manner. The Project will also provide a long-term revenue source receiving payoffs, or contributions for the Dover schools, the Town of Dover and Dutchess County from CVE? Some residents of Dover through a PILOT agreement and Community Benefits Package.

are under the assumption that their The Town of Dover Town Board and Dover Union Free School property and school taxes will be District are leading negotiations on behalf of the Town and have lowered as a result of CVE, is that so?

hired a third-party independent consultant, paid for by CVE, to And is the financial payoff or gain a guide the Town through the process. All parties, including CVE, wise trade for accepting declined will work to ensure any negotiated tax agreement and Community health of our environment and all that Benefits Package does not impact state or federal funding to the live within it? I would rather pay my school district.

taxes and not pollute the environment.

Some believe those of us with The Project will comply with environmental regulations intended to concerns do not like progress, On my safeguard the environment and community. Other Project features list of hopes for progress in this town, such as jobs and taxes are important community benefits, but in no never was a power plant one of them. way are considered to be a replacement for good environmental Is revenue generation truly progress stewardship.

when ozone producing smog, and water Community Resources Page 6-72

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number contamination or depletion is the price?

Since when has anyone ever needed to receive a payoff to accept something truly worthwhile? With the question of need on the table, and the reports that state even without Indian Point we already have sufficient power production, a bargain is no bargain if you dont need it.

Graham The DEIS should include a discussion 32-46 As noted in Section 6.3.7.2, actual property value is comprised of Trelstad, AKRF of potential impacts to property values an often complex set of desirable and undesirable factors, surrounding the facility. Specific data including proximity and quality of schools, the attractiveness of the and analysis from areas surrounding house and yard, and access to work and to local amenities.

existing electric generating facilities Research regarding property values has not been conclusive should be presented as evidence. because of the difficulty researchers have of accounting for all of the variables. The few studies done to date have not shown a clear, consistent correlation between power plant location and reduced property values.

It is important to note that property values are driven by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT agreement will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes.

Graham The DEIS states that the proposed 32-56 While the proposed PILOT agreement will be coordinated through Trelstad, AKRF project will seek economic the Dutchess County IDA, the Town of Dover and Dover Union development assistance through the Free School District are working together to negotiate the final Dutchess County Industrial payment and structure on behalf of the residents of Dover.

Development Agency (IDA), which would exempt the property from real property taxes. However, to ensure Community Resources Page 6-73

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number that the local community receives economics benefits from the project, IDAs are authorized to negotiate a payment in lieu of taxes (PILOT) agreement. The Town of Dover and the Dover Union Free School District should be directly involved in establishing an appropriate PILOT agreement for the project.

Graham In the analysis of potential impacts to 32-57 The plant will be equipped with on-site fire protection systems Trelstad, AKRF local fire and emergency service which will be fully automated to provide alarm, detection, and providers (Section 6.7.3.3.2), the DEIS suppression capability for all occupied spaces and hazard areas, indicates that a "Comprehensive Site with the assumption that facility personnel will have minimum and Safety Plan (CCSP)" would be involvement for fire response. CVE will work cooperatively with the prepared in the future to ensure proper J.H. Ketcham Hose Company in the planning for and response to training and safety of local emergency emergency situations, should they arise. CVE representatives service providers entering the site. The have coordinated, and will continue to coordinate, with J.H.

CCSP should be developed now and Ketcham Hose Company officials to ensure adequate resources should include identification of the are place.

types and intensities of potential Prior to commencement of construction, a comprehensive security emergency situations that may arise at plan will be developed and implemented that will address both the facility. Only after the CCSP has construction and operational phases of the Project. In addition, a been reviewed in cooperation with the detailed Emergency Response Plan (as discussed in Section 6.2.7 J.H. Ketcham Hose Company can it be of the FEIS) will be developed with the appropriate Town officials, determined whether J.H. Ketcham has including the Town Board, Dover Union Free School District, J.H.

the equipment and resources to Ketcham Hose Company, and other emergency response respond to an emergency situation.

providers.

Community Resources Page 6-74

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Graham The J.H. Ketcham Hose Company 32-58 CVE has consulted with J.H. Ketcham Hose Company Trelstad, AKRF currently has a 75-foot aerial ladder representatives regarding access and turning requirements for its truck. The fire department should be fire equipment and has designed internal traffic plans to meet the consulted as to whether this would be requirements of a 75-foot ladder truck (Appendix 6-F of the FEIS).

sufficient to service a 113 foot tall Although some Project structures will be taller than 75 feet, these building. As mitigation for the proposed structures are not occupied and access by facility personnel is project, additional fire equipment may limited at those heights. Since the plant will be equipped with on-be necessary. site fire protection systems which will be fully automated to provide alarm, detection, and suppression capability for all occupied spaces and hazard areas, additional fire vehicles would not be required. CVE will coordinate any additional training and personnel apparatus with the J.H. Ketcham Hose Company.

Ryan Courtien, ES-14: generate tax revenues for the 37-11 As discussed in Section 6.3.7.3 of the FEIS, it is true that Dutchess Town town. Add county and school district. to County and the Dover Union Free School District will benefit from Supervisor the end of the sentence. Project tax revenues.

Ryan Courtien, ES-18: The project will not impact 37-18 The facility will incorporate specialized fire protection systems and Town existing local fire, police or emergency response procedures designed specifically for electric generating Supervisor protection services. How true is that facilities. In addition, safety and security measures and statement? If one construction worker procedures will be implemented to protect the public and is injured, then there is an impact employees. There will be limited community impact on such however small. services above and beyond what any use within the community might occasionally require. As detailed in Section 6.2.7 of the FEIS, CVE and its primary contractor will coordinate with appropriate emergency officials to ensure adequate protection services are in place.

Cristina What about property value? We must ask 40-9 The Project has a net positive impact on the environment, reducing Bleakley, Dover who wants to buy a home across the street regional emissions, cleaning up and restoring an inactive Resident from a power plant? abandoned industrial site unlikely to be otherwise remediated, restoring degraded wetlands and jurisdictional Adjacent Area, and preserving in perpetuity 79 acres of land along the Swamp River.

As discussed in Section 6.3.7.2, a study conducted by the Public Service Commission of Wisconsin indicates, actual property value Community Resources Page 6-75

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number is comprised of an often complex set of desirable and undesirable factors, including proximity and quality of schools, the attractiveness of the house and yard, and access to work and to local amenities. The research has not been conclusive because of the difficulty researchers have of accounting for all of the variables.

The few studies done to date have not shown a clear, consistent correlation between power plant location and reduced property values.

It is important to note that property values are driven by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT agreement will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes.

Robert Herzog, As to the purported economic benefits, 42-17 CVE will bid its power into the New York Independent System Dover Resident the DEISs own findings are that only half Operator (NYISO) power pool. As one of the most efficient power of the benefit of reduced costs that they generation facilities in the country it is able to bid lower prices in themselves project will benefit New York the wholesale market which should contribute to lower overall State; the remainder will benefit electric prices. The Dispatch Analysis, presented as Appendix 1-A PJMThe New England power pool will to the DEIS, forecasts annual reductions in load-weighted costs to also reap gains. The reasons for the serve in the New York Pool of up to $275 million. While many town of Dover to have to supply benefits factors affect the retail price of electricity, the Project will have a to all these other states, primarily to positive effect on controlling costs to ratepayers.

serve as a source of profits for However, many local benefits will also be associated with the CVE, are not equitable, rational or Project. In addition to the careful design and operation of the compelling.

Project, carefully monitored to ensure compliance with all applicable environmental standards, the site reuse and clean-up provides environmental and economic benefit directly to the local community. Additional details regarding community benefits are addressed in Section 1.4.8 and Table 1-9 of the FEIS.

Community Resources Page 6-76

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Alan Surman, The positive is: We are going to bring tax T1-3 The Project will provide local and regional economic and Dutchess revenue to the Town. I know a lot of environmental benefits by adding temporary and permanent jobs County people have the NIMBY attitude, "Not In and by reusing a dilapidated industrial site in a productive and Legislator, My Backyard," but if this plant displaces environmentally sensitive manner. The Project will also provide a Wingdale some of the dirtier burning plants, I think long-term revenue source for the Dover schools, the Town of Resident people in this overall region are going to Dover and Dutchess County through contributions to the tax base benefit. and community benefits.

Ilana Nilsen, And, then, the last thing is jobs. I'm T1-23 The DEIS, in Section 6.7.3.1.3, outlines the workforce availability in

[unknown] wondering of the three to 700 people the general area, concluding that approximately 90 percent of the that are going to be employed for required construction labor force could be filled by the local labor construction, how many of them will be market. Details about Project construction and operational jobs local? And, also, when the plant is are provided in Sections 6.7.3.1 and 6.7.3.2 of the DEIS, finalized, how many local jobs do you respectively. Priority will be given to staffing construction from expect to contribute to Dover's economy, local resources, as they are available, and a significant secondary as well as Dutchess County's economy? economic effect during construction will also benefit local workers, as discussed in detail in Section 6.7.3.1.2 of the DEIS.

Cristina And the other question I have is T2-12 A detailed Emergency Response Plan (as discussed in Section Bleakley, Dover concerning the emergency. I know that 6.2.7 of the FEIS) will be developed in consultation with the Resident theywill have some kind of emergency appropriate Town officials, including the Town Board, Dover Union system in case of emergency. Are the Free School District, J.H. Ketcham Hose Company, and other schools being trained on how to act in emergency response providers.

the case of emergency?

Jessica We also have to understand the footprint T2-22 The proposed Project can predominantly re-use a site that has Abrams, Green that we're now removing from that very been previously developed and utilized for industrial uses, as in Greene Inc. land. What is the impact of this going shown in Figure 3-9 of the DEIS (updated for the expanded project Earlton, NY forward on retention, the impact on the area as Figure 1-2). Stormwater management systems have been Village, the infrastructures. We want to carefully designed, prioritizing water reuse and conservation and make sure we reduce that as much as using bioretention swales. The Project will be relatively self-possible. contained, and will not add significant demand for town services or infrastructure. Avoiding and minimizing impact to the community and the environment has been a priority for the Project.

Community Resources Page 6-77

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Jessica Wade, I'm 22 years old. I just graduated from T2-29 The environmental standards with which the Project will comply Dover Resident college. I have a great life of ahead of were developed to be protective of public health, including for the me, and I'm going places, and I really most sensitive populations. The Project offers substantial don't need to stay here in Dover. I really environmental benefits, including mitigation and restoration of an don't. And I probably won't be. But how abandoned industrial site, preservation of 79 acres of land abutting can I turn my back on my mom and dad the Swamp River, and displacement of the operation of less who will be a mile away from this or a efficient, higher emitting generators, yielding a regional air quality community that raised me they're not benefit.

able to just sell their homes and go off. If As discussed in Section 6.3.7.2, a study conducted by the Public they did want to sell their homes, I'm Service Commission of Wisconsin indicates, actual property value wondering if health effects do -- if we is comprised of an often complex set of desirable and undesirable start to see that there are health effects factors, including proximity and quality of schools, the and that people are getting sick, are attractiveness of the house and yard, and access to work and to people going to want to come into our local amenities. The research has not been conclusive because of community and buy our homes? What the difficulty researchers have of accounting for all of the variables.

are you going to do about that when we The few studies done to date have not shown a clear, consistent can't sell our homes and we want to get correlation between power plant location and reduced property out?

values.

It is important to note that property values are driven by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT agreement will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes.

Chris Wood, the benefits that will accrue locally as T3-19 The Project will provide local and regional economic and Pawling opposed to regionally or nationally for environmental benefits by adding temporary and permanent jobs Resident, the provision of this plant. and by reusing a dilapidated industrial site in a productive and Oblong Land environmentally sensitive manner. The Project will also provide a Conservancy long-term revenue source for the Dover schools, the Town of Dover and Dutchess County through contributions to the tax base Community Resources Page 6-78

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number and community benefits.

Ross Cardwell, how it would impact our community T3-49 Once details of the local tax agreement and community benefit Wingdale from a tax-revenue standpoint, it sounds package are established, the town can decide how its funds will be Resident fine, but what's the percentage? How used over time including tax reduction or community much was this going to benefit our improvements. The DEIS, in Section 6.7.3.1.3, outlines the community? How many jobs? There workforce availability in the general area, concluding that wascommentary as to 700 -- 500 to approximately 90 percent of the required construction labor force 750 jobs, perhaps, throughout the could be filled by the local labor market. Details about project construction phase, maybe 25 to 50 jobs construction and operational jobs are provided in Sections thereafter. 25 to 50 jobs thereafter? And 6.7.3.1and 6.7.3.2 of the DEIS, respectively.

to whom?

Ross Cardwell, What about the recreational facility that T3-50 Once details of the local tax agreement and community benefit Wingdale the children need or the new pool or the package are established, the town can decide how its funds will be Resident guaranteed fixed property tax, some used over time, including whether recreational facilities or greater benefit? adjustments to tax structure would be appropriate.

Manna Jo if this plant moves forwardthere's T3-58 CVE is in the process of finalizing the local tax agreement and Green, not an official requirement for a host community benefit package. The local community can decide how Rosendale community benefit package, but you are they would like to use any increase in revenue, including the Resident, in negotiations and you could be potential installation of renewable technologies.

Environmental negotiating for that facility to also include Director for a huge solar array, and if there is the Hudson River potential for wind, that wind be captured Sloop so that it really is moving towards Clearwater sustainability.

Manna Jo And I also just want to mention one other T3-63 Environmental justice is considered under the federal and state air Green, thing and it has to do with what we call quality programs as well as State Environmental Quality Review Rosendale environmental justice. The plant in Act (SEQRA) in order to fully understand the consequence of Resident, Astoria is a fossil-fuel plant and it's in a environmental permitting decisions. As discussed in Section 6.7.4 Environmental very, very densely populated area. The of the DEIS, the Project fully complies with state and federal Director for other issue that Entergy has raised that Environmental Justice (EJ) guidelines by demonstrating that it will Hudson River we disagree with but -- is that if Indian not have a significant adverse or disproportionate impact on any Sloop Point closes, that more gas-fired peaker Environmental Justice Community of Concern. Environmental Community Resources Page 6-79

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Clearwater plants will be burning in inner cities, so justice areas are generally defined as communities or facilities that's gonna put the pollution rate in housing disadvantaged groups, such as low-income or minority areas that have very high asthma rates, populations. As discussed in DEIS Section 6.7.4, there are no in children and elderly, you know, that environmental justice populations proximate to the Project.

could raise that if that were the The Projects air emissions meet strict federal and state standards alternative, so people are thinking that designed to be protective of public health, even for asthmatics and this is a cleaner alternative, and that is other sensitive members of the population. As part of its air quality not to minimize the air impacts on your permit approvals, the Project demonstrated that it would neither community, and that's what, you know, significantly nor disproportionately impact EJ qualifying we'd like to help you to minimize.

communities - and would meet protective standards everywhere.

Alex Ackerman, I lived in The Bronx for 30 years of my T3-71 Potential Project impacts have been carefully assessed, and Wingdale life. I moved up hereto get away from compliance demonstrated with applicable environmental Resident the pollution and everything else. And standards, including air quality programs designed to be protective you're saying how if they don't build it of public health. Continuous monitoring will be conducted to here, it'll be more pollution in Queens or confirm that Project emissions comply with permit limits throughout wherever it may be, well, that's why I its life.

take a two-hour ride and invest my time and my energy, so they [my family] don't have to breathe that air Having my children what, a half a mile, a quarter a mile away, from stacks that are emitting God knows what, having them breathe that, that's exactly the reason I moved away from The Bronx, that's why they're here, so they could breathe good, clean fresh air.

Alex Ackerman, nobody mentioned what this is going T3-72 The Project will have a net positive impact on the environment, Wingdale to do to property values. I can only reducing regional emissions, cleaning up and restoring an inactive Resident imagine you want to sell your house and abandoned industrial site unlikely to be otherwise remediated, you see a wonderful three stacks of 300- restoring degraded wetlands and jurisdictional Adjacent Area, and feet-high God knows what coming out of preserving in perpetuity 79 acres of land along the Swamp River.

Community Resources Page 6-80

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number there. A great selling point, I'm sure. As discussed in Section 6.3.7.2, a study conducted by the Public Service Commission of Wisconsin indicates, actual property value is comprised of an often complex set of desirable and undesirable factors, including proximity and quality of schools, the attractiveness of the house and yard, and access to work and to local amenities. The research has not been conclusive because of the difficulty researchers have of accounting for all of the variables.

The few studies done to date have not shown a clear, consistent correlation between power plant location and reduced property values.

It is important to note that property values are driven by a myriad of factors which include externalities such as the quality of school systems, property taxes, and community services. CVEs PILOT agreement will provide substantial revenues to the Town of Dover and the Dover Union Free School District which can be used for improved Town/School facilities, expanded community services, and/or lower taxes.

In addition, the visual impact assessment presented in Section 6.2 of the DEIS indicated that views of the facility stacks will be limited, day or night, due to topography, vegetation and distance.

Mr. Galayda, when you talk about what they T3-85 As detailed in Section 1 of the DEIS and further supported in Town Board propose for tax revenue, $2 million goes Section 1 of this FEIS, the Project will generate substantial tax to the school, a million goes to the revenue to the benefit of the local community. While the Project is county, and a million comes to Dover. a wholesale generator, and therefore cannot sell electricity directly That's really where they're at with their to the community, the Projects more efficient technology will help proposed benefits to the community. I displace the operation of existing, less efficient plants, yielding would like to see the town benefit in substantial cost savings. These savings were quantified in the some form of electrical subsidition [sic]. economic dispatch analysis provided in Appendix 1-A of the DEIS, which forecasts annual reductions in load-weighted costs to serve the New York Pool of up to $275 million.

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Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY Table 6-6. Response to Comments - Socioeconomics Author Summary Comment Response Number Jurgen That may have other dire T3-92 The Project will provide local and regional economic and Wekerle, Sierra consequences in the payments in lieu of environmental benefits by adding temporary and permanent jobs Club taxes that will be negotiated locally. The and by reusing a dilapidated industrial site in a productive and example in Rockland County, based on environmentally sensitive manner. The Project will also provide a the lower use, is that the towns of long-term revenue source for the Dover schools, the Town of Haverstraw and Stony Point suffered Dover and Dutchess County through contributions to the tax base when Myron, the owner of those plants, and community benefits.

declared bankruptcy and also a series of The negotiated tax agreement is designed specifically to avoid the reassessments, and the property taxes, situations referenced in Newburgh and Marlboro. CVE proposes a to offset the income that the tax agreement that would provide steady, escalating payments municipalities became dependent on, over a 30-year period which provides revenue certainty to the doubled and doubled againThe Town Town of Dover and the Dover Union Free School District.

of Newburgh and the Town of Marlboro in Orange and Ulster Counties suffered the same re-evaluation and reassessment based on the reduced income from the Dynegy plants, Danskammer and Roseton, and their property taxes drastically increased totally out of the blue, totally unexpectedly, so whatever is promised today may not be materialized even if it's been in effect for a short period of time You may end up with the expectation of all kinds of income, all kinds of benefits, that may never materialize Community Resources Page 6-82

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY 6.4 Conclusions The Project will undergo local Special Use Permit review by the Town of Dover Town Board to confirm consistency with the Towns Master Plan and with the sites zoning designation and continued industrial use. No adverse effect related to land use or zoning is anticipated to result from the Project. Rather, the Project represents re-use of a dilapidated site to provide economic development consistent with its zoning. The Project Development Area has long been in industrial use, is well buffered from residential areas, and is compatible with the present character of the community.

Views of the Project will be well screened by natural buffers from most locations. The Project will result in taller structures than currently exist at the site, however, views of the Project will be well screened by intervening topography and vegetation from most locations.

Small portions of the Project may be visible above and through the tree line, particularly at high elevations east of the Project.

Construction traffic volumes will require mitigation measure to be implemented at the Project access drive with Route 22. Long-term impacts on local traffic patterns will be insignificant, based on the discrete number of permanent employee and other trips anticipated to occur and the direct access from a state highway.

Project layout and design has carefully considered sound attenuation, and the Project will comply with applicable state and local noise standards at all off-site properties, with the exception of the Metro-North railroad line. No long-term significant effect on noise is anticipated from operation of the Project.

No measureable effects from electric and magnetic fields are anticipated from operation of the Project. All new electrical interconnection lines are located within the Project Development Area, and no substantial change to the existing system is required. Electric and magnetic field levels at the edge of the cleared right-of-way for the interconnecting transmission lines will be well within guideline levels established by the NYSPSC.

Based on consultation with OPRHP, no effect to historic or archaeological resources is anticipated due to the Project. CVE has developed an Unanticipated Discovery Plan (see Appendix 6-G of the DEIS) to protect archaeological resources in the unlikely event they are encountered during Project construction.

The net short- and long-term socioeconomic effects of the Project will be positive, as the facility will not create a significant demand on public resources and infrastructure under Community Resources Page 6-83

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY normal operations and will contribute economically to the region, both directly and indirectly.

Although the lack of a formal EJ community proximate to the Project Development Area eliminates the need for detailed EJ assessment, the Project has been carefully designed such that no element of the surrounding community or region would experience significant long-term negative effect associated with its operations.

6.5 References Athens Generating, 2003. PILOT Agreement 2003.

Dover Union Free School District, 2010. http://www.doverschools.org/

Minnesota IMPLAN Group, Inc., 2009. IMPLAN System (2008 data and software), 1725 Tower Drive West, Suite 140, Stillwater, MN 55082, www.implan.com, 2009.

New York State Department of Environmental Conservation. Program Policy, Assessing and Mitigating Visual Impacts (July 2000) . (http://www.dec.ny.gov/docs

/permits_ej_operations_pdf/visual2000.pdf).

New York State Department of Environmental Conservation. Program Policy, Assessing and Mitigating Noise Impacts (November 2000) . (http://www.dec.ny.gov/docs/

permits_ej_operations_pdf/noise2000.pdf).

New York State Department of Labor, 2010a. Labor Statistics: Available Workers (July 2010). (http://www.labor.ny.gov/stats/wsearch2.asp?reg=hud Accessed July 8, 2010)

New York State Department of Labor, 2010b. Local Area Unemployment Statistics Program (June 2010).

Onofry, Craig T., Ed.D, 2009. Dover Union Free School District Superintendent, letter, 6/24/09, as reported in Dover Knolls Final Environmental Impact Statement.

Rutgers, 2006. Rutgers University Center for Urban Policy Research. Residential Demographic Multipliers (New York), June 2006. SFH detached, 3-br multiplier -

0.64. (25 units X 0.64 public school children/unit = 16 students.)

U.S. Census Bureau, 2007. County Business Pattern 2007 (http://censtats.census.gov/cgi-bin/cbpnaic/cbpdetl.pl Accessed July 8, 2010).

Community Resources Page 6-84

Final Environmental Impact Statement Cricket Valley Energy Project - Dover, NY U.S. Department of Labor, Bureau of Labor Statistics. Local Area Unemployment Statistics, Dutchess County, NY (April 2010)

(http://data.bls.gov:8080/PDQ/servlet/SurveyOutputServlet;jsessionid=623024d5f5c 9f4838322 Accessed July 20, 2010).

USEPA 1978. Protective Noise Levels - Condensed Version of EPA Levels Document USEPA 550/9-79-10, November 1978 page 11 Community Resources Page 6-85