Maine Voices DO Make a Difference

             First WIND’S BOWERS Mountain Wind Project to be Denied

Grass roots opposition defeats Maine’s largest wind energy developer

April 6, 2012

Lincoln, Maine

The Land Use Regulation Commission (LURC) voted today not to allow First Wind Holdings, LLC of Boston to withdraw its application for the Bowers Mountain Wind Project. The project would have erected 27 forty-three story tall turbines on prominent ridgelines in Carroll and Kossuth, adjacent to the headwaters of the Downeast Lakes.  This area has been a magnet for sporting tourism for more than a century. It is home to the Village of Grand Lake Stream, the state’s premier salmon hatchery, and is the birthplace of the square-end canoe known as a Grand Laker.  LURC also directed its staff to complete the permit denial document as had been decided at their October 2011 meeting. The final denial vote will take place at 9:30 a.m. on May 4, 2012 at the Washington County Community College in Calais.

The Partnership for the Preservation of the Downeast Lakes Watershed (PPDLW) has led the broad-based opposition to the project.  The Maine Professional Guides Association, the Maine Sporting Camp Owners Association, and the Grand Lake Stream Guides Association also opposed this project.

“I could not be happier.” says PPDLW member Gary Campbell. “It’s been a long arduous battle, but the natural beauty of the Downeast Lakes Region is well worth fighting for. Today’s vote shows that Maine is not willing to sacrifice this magnificent natural resource for a few megawatts of expensive and intermittent wind energy.”

After a long and well documented process that included a site visit, lakes tour, three days of formal public hearings, and three deliberation sessions, a straw poll taken in October showed the Commissioners in unanimous agreement that the project would have an unreasonably adverse scenic impact on a number of significant paddling and fishing lakes, and consequently the numerous sporting camps, lodges, professional guides, and ancillary support businesses that are the lifeblood of the area. The Commission instructed LURC staff to prepare a denial document.

Facing an imminent denial, the applicant, through lead counsel Juliet Browne of Verrill Dana, filed a request several weeks later that they be allowed to withdraw the project application.  After much deliberation, the LURC board tabled the request to withdraw, but did agree to give the applicant some additional time to reconfigure the project.  Interveners in the case argued that the applicant was simply venue shopping. In the end, the LURC Commissioners awarded the applicant an additional 90 days to reconfigure the project in hope of mitigating the project’s scenic impact, while expressing serious reservations that it could be mitigated at all. The applicant assured the Commission that 90 days would be enough time and that they would bring back a formal outline of a reconfigured project by March 9th.

Twenty minutes prior to expiration of the deadline, the applicant submitted a letter stating that “[First Wind] is not able to present a particular reconfigured project to the Commission at this time.” The letter then repeated the earlier request that they be allowed to withdraw the Bowers application. At today’s meeting LURC voted to officially deny First Wind’s request to withdraw and directed its staff to resume preparation of the application denial document. The denial is now scheduled to become official by Commission vote on May 4, 2012. 

The Scenic Downeast Lakes Region encompasses more than two dozen lakes including Pleasant, Shaw, Scraggly, Junior, West Grand, Pocumcus, Bottle and Keg Lakes. The turbines of the proposed Bowers Mountain Wind Project would have been visible from 11 lakes that are officially recognized as Scenic Resources of Statewide Significance, two of which boast Maine’s highest designation as “Outstanding for Scenic Quality” (Pleasant Lake and West Grand Lake).

PPDLW’s President, Kevin Gurall explains, “The Scenic Downeast Lakes Region has a long, rich history of providing a wilderness experience to visitors and sportsmen from all over the world. Celebrities from Ted Williams and Jimmy Doolittle, to Presidents and foreign heads of state, as well as multiple generations of families have been coming here for well over 100 years to enjoy this network of clean, largely undeveloped lakes. The guiding tradition on this watershed can be traced back to the 1850’s. We have 2nd, 3rd, and even 4th generation professional guides who stitch together a living providing sportsmen with an outdoor experience that leaves them with memories for a lifetime. Never mind that this type of experience is becoming rare in Maine, there aren’t many places like this left in the entire continental U.S… and that’s why it’s so important that we protect it so future generations will have the opportunity to make their own memories of the wilderness character and scenic magnificence that is the Downeast Lakes Watershed.  He added, “Those memories need not be ruined by an industrialized landscape… there have to be better solutions to our energy issues than defacing our treasured lake shore landscapes and our mountains.  Tourism is our largest industry in Maine and employs more than 140,000 people. That’s much too important to risk for the mere trickle of high priced energy that’s generated by these wind projects. “

“Although PPDLW sounded the initial alarm, this was a grassroots effort by more than 300 citizens. People from the immediate area, from all corners of Maine and beyond worked together for nearly three years to defeat this project.  It’s a true David vs. Goliath story.  Fortunately, we had common sense, truth, and the state’s scenic impact regulations on our side.” 

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Voicing My Vexation

Many of you have followed along or participated in the Bowers wind project proceedings.  For that, many other people owe you thanks.  I ask that you continue to stay involved, because the developer is employing new and more devious tactics in an attempt to have its way.

On October 19th, Maine's Land Use Regulation Commission took a 'straw vote' on First Wind's permit application for the Bowers Wind Project.

LURC Commissioners voted unanimously to instruct staff to draw up a decision document DENYING a permit for the project.

Today, First Wind's attorney Juliet Browne submitted a lamentful appeal to LURC, requesting permission to 'withdraw' their application.  Employing the same tactics used last year during Trans-Canada's Sisk wind project application process, Ms. Browne is making an end-run, attempting to circumvent established procedures with deceitful tactics.

The letter Ms. Browne sent to project manager Fred Todd will most likely be posted HERE in a day or two.  In the meantime, here is my response to First Wind's request:

**********************************

November 8, 2011

Fred Todd, Project Manager

Land Use Regulation Commission

Augusta, ME 04333

Dear Fred;

As a citizen of Maine, I am writing this letter in response to the request LURC has received from First Wind’s attorney, Juliet Browne, of Verrill Dana LLP.  In regards to FW’s (Champlain Wind LLC’s) permit application #DP4889 for the Bowers Wind Project, Ms. Browne “respectfully requests that (First Wind) be allowed to withdraw its application for the purpose of reconfiguring the project…”

The applicant also generously offers to “extend the deadline for the Commission to issue a final decision…through January, 2012…”

Confronted with an imminent “deny” decision, the applicant is playing fast and loose with the state’s resources and is gaming the system.  Juliet Browne was a member of former Governor Baldacci’s wind task force which designed LD 2283, the so-called “expedited wind permitting law”—aka the “Maine Wind Energy Act”.  Due to the passage of this law, citizens in 2/3 of the state of Maine have been disenfranchised.  Our communities were rezoned without our input, and our right to “have a say” was sharply curtailed.  In addition, citizens were suddenly required to abide by a law wherein a tight time-frame was mandated in which our regulatory agencies must make decision on wind development applications.  DEP and LURC must ‘expedite’ these applications, and deny or approve within 6 months if there is no public hearing; and within 9 months if a public hearing is granted.  You have no options, and the public has no option—we must abide by the law.  And yet, First Wind, a company from another state, is graciously granting a Maine state agency an extension of time?

The unmitigated gall!

I have never been in favor of LURC’s taking of a ‘straw vote’, as (in my opinion) it is an invitation for an unscrupulous developer to do exactly what First Wind is doing.  It gives them a ‘heads up’ that they are not going to receive their permit and opens up this new avenue in an already difficult and expensive process.  Ms. Browne’s tactics were somewhat successful when she pulled this same rigmarole for Trans-Canada in the Sisk application process in the summer of 2010.  After taking a straw vote wherein Commissioners voted to deny the project, LURC later proceeded to approve an altered application for Sisk.   Whether or not the process was properly administered is now under debate and LURC and Maine citizens are waiting for a Law Court verdict on the appeal of that decision.

While I am not a fan of the Wind Energy Act, I (and each Maine citizen) have been obliged to abide by it until such a time as it is repealed.  First Wind and every wind developer looking to build grid-scale wind energy plants in this state must do the same.  They cannot have it both ways.  They cannot expect to benefit from their own law when it suits them; but then bend those rules, or expect special dispensation when that same law works against them.

I urge you to deny Ms. Browne’s request to withdraw First Wind’s application.  Additionally, I urge you to send a strong message to the developer.  LURC is not theirs to manipulate, nor is the DEP.  And our laws must be obeyed, whether they work as the wind industry planned, or not.  If First Wind would like to lead the charge in repealing the Wind Energy Act, with its tight time constraints and less stringent standards for development, many Maine citizens will step forward to offer them their support.  Until that time, they’ll have to play by the rules they set in motion.

If First Wind is allowed to withdraw from this lengthy process at a point where it has almost reached its conclusion, you will do a huge disservice to the people of Maine.  And if you allow withdrawal and First Wind is allowed to reapply for a wind project permit in Carroll Plantation or Kossuth Township in the future, I urge LURC to require an additional application fee of $100,000.00 above and beyond that fee which is normally required.  Intervenors such as PPDLW have spent tens of thousands of dollars opposing this project, and that money was raised one dollar at a time by individuals who were committed to doing what they believed was right—and who were constrained by the Wind Energy Act’s mandates and stipulations in how they could oppose the project.  Additionally, the hundreds of citizens who took part in this process must be reimbursed, as well.  Many Mainers lost several days’ pay, and spent money for gas, food and lodging as they traveled to the various LURC meetings and public hearings.  We do not have the resources that large corporations such as First Wind have, and if this developer is going to be allowed to game the system, they must pay for the privilege.  They must reimburse the People of Maine.

First Wind lost.  The system is designed so that those who are unhappy with a decision have the right to appeal.  I request that LURC Commissioners not allow themselves to be swayed by the applicant.  I urge LURC Commissioners to stand firm and sign a decision document on December 7, 2011, denying First Wind’s Bowers Mt. permit.

Ms. Browne can appeal LURC’s decision in the very same way Maine citizens can, or she can recommend that her client move on, recognizing that Bowers is one of those places in Maine which is worthy of being protected from industrial development.

Thank you for your time and attention.  Please feel free to call me with any questions.

Sincerely,

Karen Pease

Lexington Twp., Maine

　

　

　

　

Voices Protecting Bowers Mountain

This is the press release which was sent out in conjunction with a press conference sponsored by PPDLW back on December 16, 2010. As we prepare to help our friends Downeast in their effort to protect Bowers Mountain and the Downeast Lakes Watershed, I thought this would be a good time to post it here on VOW.

PPDLW Contacts: Kevin Gurall, President (kevin@ppdlw.org)
Gary Campbell (gary@ppdlw.org)

Partnership for the Preservation of the Downeast Lakes Watershed (PPDLW) is a nonprofit organization dedicated to the long-term preservation of Maine's Downeast Lakes Watershed through conservation, environmental action and opposition to inappropriate industrial or commercial development. We are currently devoting all our efforts to stopping an industrial wind project in Carroll and Kossuth being planned by Champlain Wind LLC (First Wind). The project, known as Bowers Mountain, will permanently damage the significant recreational economy of the Downeast Lakes watershed. It will threaten the jobs of many guides and the future of many sporting camps.

Today we are joined by the Maine Professional Guides Association and the Maine Sporting Camp Association to voice our opposition to land-based wind projects like Bowers Mountain. We ask Governor-Elect LePage to place a moratorium on grid scale industrial wind projects until scientific cost-benefit studies of the projects currently online can be completed. In addition, we ask that the legislature repeal the Expedited Wind Permitting Law (LD 2283) because it fast-tracks the destruction of Maine’s scenic character and derails the recreational economy that depends on it. We are not against renewable energy, nor are we opposed to wind-generated energy when it is sited intelligently. When industrial wind runs up against the Quality of Place that is Maine’s stated brand, none of us can afford to remain silent.

The Bowers Mountain Project

Although First Wind changes the number of turbines planned from one week to the next, their most recent statement calls for a column of 28 turbines stretching from Bowers Mountain in Carroll to Dill Ridge in Kossuth. Each of these Siemens 2.3MW turbines will rise 428 feet above the ridgeline and weigh 304 tons.

Since the Bowers/Dill ridgeline rises 800’ above the level of the surrounding lakes, these turbines will be more than half again as tall as the ridgeline. They will tower over the entire Downeast Lakes region and become a permanent scar on the horizon both day and night, affecting the greatest concentration of Class 1A and 1B lakes in the State (LURC’s Wildlands Lake Assessment).

PPDLW sees the Bowers Mountain Project as a monumental threat to the Downeast Lakes Watershed:

It will harm the ecology, visual beauty and Quality of Place of the Downeast Lakes Watershed. This will in turn impact the area’s outdoors-based economy: guides, sporting camps, outfitters and all supporting businesses. Visitors who have been coming to the region for generations will simply decide to go elsewhere.

The network of 60’ wide roads, the high and low frequency noise, the use of herbicides, the lights and blades spinning at 190 mph, will all impact the natural habits of wildlife.

The roads, blasting and erosion will silt the brooks that form the headwaters of the watershed that hosts the purest strain of landlocked salmon in the state.

Flashing strobe lights on the towers will punctuate our magnificent dark night sky.

Permanent jobs and a way of life will be sacrificed for a very small amount of electricity that will not even benefit the region.

We call on the incoming administration and the people of Maine to recognize that this region and all the wild lands of Maine deserve to be protected for future generations to enjoy.

PO Box 336, Augusta, Maine (ME) 04332-0336
E-Mail: info@maineguides.org

The Maine Professional Guides Association urges the State of Maine to recognize and address the adverse economic impact that industrial scale wind farms can cause to Maine’s guides. The unspoiled lands, waters and natural character of inland Maine's landscape are what attract clientele to our Association's doorsteps. Without these elements, the livelihood of the Maine Guide and the quality of outdoor recreation in Maine will be irreplaceably lost. Unfortunately, industrial scale wind power projects have far reaching impacts well beyond the actual project site. Their visual and audible impacts, both day and night, can extend far and are in direct conflict with the very characteristics that bring our clients to Maine. Our current knowledge of the impacts that these wind farms may have on wildlife large and small is insufficient to provide comfort to those of us who depend on that resource for our economic survival.

The Maine Professional Guides Association is not philosophically opposed to all wind energy. The rates that our businesses pay for electricity are a heavy burden. However the current government supported model is not economically viable. Improperly placed industrial scale wind farms threaten the traditional sporting economy, employment incomes, and small businesses that make up our Association. We request that the State revisit its current goals for wind power projects and put into place measures that both recognize and protect the guiding profession in Maine.

HC 76 Box 620 Greenville, ME 04441 info@mainesportingcamps.com
The Maine Sporting Camp Association urges the State of Maine to recognize and address the adverse economic impact that industrial scale wind farms can cause to Maine sporting camps. The unspoiled lands, waters and natural character of inland Maine's landscape are what attract clientele to our Association's doorsteps. Without these elements, the livelihood of the traditional Maine sporting camp will be irreplaceably lost. Unfortunately, industrial scale wind power projects have far reaching impacts well beyond their actual project site. Their visual and audible impacts, both day and night, can extend far and are in direct conflict with the very characteristics that attract our guests to Maine.

The Maine Sporting Camp Association is not philosophically opposed to all wind energy. But improperly placed industrial scale wind farms do threaten the traditional sporting economy, employment incomes, and small businesses that represent our Association. Our Association strongly requests that the State revisit its current regulations for wind power projects and put into place measures that both recognize and protect the historic Maine sporting camp industry.

Voices from Downeast...As Appeared in "Maine Voices", Portland Press Herald

The article below appears in today's (May 28, 2011) Portland Press Herald . Kevin is a friend of mine-- a wonderful man I never would have met if it were not for our involvement in the effort to protect Maine's special regions from industrial wind development. Please read his fascinating and informative op-ed, and then consider writing to LURC, attention Fred Todd (fred.todd@maine.gov)to ask that they deny First Wind's permit for the Bowers mountain wind development. Consider speaking up at the Public Hearing at Lincoln High School on June 27 and 28 at 6 p.m. Every little bit helps. And those little bits add up.

Thank you.

Maine Voices: Downeast Lakes watershed needs protection
A forest of wind turbines would forever change the pristine woodland
into an industrial site.

SPRINGFIELD - It's not hunting season, but there's plenty of "shots"
being fired in the ongoing battle to save one of the state's most
historic and significant watersheds from irreparable and permanent
damage.

ABOUT THE AUTHOR
Kevin Gurall of Springfield in Penobscot County is president of The
Partnership for the Preservation of the Downeast Lakes Watershed

Their scenic character and wilderness setting is the lifeblood of the
traditional businesses in the entire Downeast Lakes watershed.

First Wind LLC of Boston is going through the LURC permitting process
right now to build an industrial wind turbine project that would
consist of 27 forty-three story tall turbines overshadowing such
pristine lakes as Pleasant, Scraggly, Junior, Lower Dobsi, Pocumcus,
West Grand and several others that total over 17,000 surface acres.

This watershed's significance goes back well over 100 years, to when
the state of Maine realized the value of what today is still the
purest strain of landlocked salmon anywhere in New England, and built
a hatchery in Grand Lake Stream in 1877.

This watershed hosts the highest per capita concentration of
registered Maine guides in the state. It also has the highest
concentration of Class 1A and 1B lakes in the state, which means they
are rated to be "of statewide or national significance" in the state's
Wildlands Lake Study.

It also hosts such storied lodges such as Weatherby's, Leen's, The
Pines, Grand Lake Lodge, as well as more than half a dozen others
throughout the watershed.

These lodges are unique not only because the likes of Calvin Coolidge,
Ted Williams, Norman Mailer, Jimmy Doolittle and Curt Gowdy frequented
them, but also because they cumulatively are one of the biggest
employers in the region.

The scenic impact assessment study submitted by First Wind says very
arrogantly, that the fishermen who come to this watershed can orient
themselves away from the turbines when they fish, or go fish in a cove
that hides you from that view. Can you believe the arrogance of this
Boston-based company!

People from literally around the globe have been coming to this
watershed for more than 100 years to vacation in an area that combines
the serene scenic character of a wilderness setting with some of the
best fishing the state has to offer.

They spend their hard-earned vacation time and money on gas, food,
lodging, license fees, and much more to be able to sit in the front
end of a guide's Grand Laker canoe and take in the very best that
mother nature has to offer.


But all that will end if this project gets approved by LURC. Sportsmen
are going to be a lot less likely to fly or drive 10-12 hours to come
fish and enjoy themselves in the shadow of an industrial energy site
-- chances are they can save hundreds, if not thousands, of dollars by
staying much closer to home if they don't mind recreating in an
industrial environment!

If this subject interests you, please submit written testimony to LURC
denouncing the Bowers Mountain project, or come to the LURC public
hearings at the Lincoln High School on June 27 and 28 at 6 p.m. Anyone
can speak at these public hearings.

Save the Downeast lakes! Say "no" to the Bowers Mountain project and
others like it.
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Photos courtesy of The Preservation of the Downeast Lakes Watershed.