February 5, 2013 Via Electronic Mail to: gfugate@crmc.ri.gov, annemaxliv@aol.com, and lturner@crmc.ri.gov Rhode Island Coastal Resources Management Council Oliver H. Stedman Government Center 4808 Tower Hill Road, Suite 3 Wakefield, RI 02879-­‐1900 Re: CRMC File # 2012-­‐09-­‐065 To Members of the Rhode Island Coastal Resources Management Council: The Natural Resources Defense Council (NRDC) respectfully submits this comment in support of Deepwater Wind Block Island, LLC (DWW)’s proposed Block Island Wind Farm and the issuance of a Category B Assent to construct and maintain the 30-­‐megawatt offshore wind farm southeast of Block Island, Rhode Island. The Block Island Wind Farm (BIWF) will consist of five 6-­‐megawatt wind turbine generators, a submarine cable interconnecting the five wind turbine generators, and a 34.5-­‐kilovolt transmission cable running from the wind turbines to Block Island and will require the use of a proposed alternating current bi-­‐directional submarine transmission cable running from Block Island to the Rhode Island mainland (known as the Block Island Transmission System, or BITS). The BIWF and BITS, operating in conjunction, will provide clean, renewable energy for Block Island residents. NRDC is an international non-­‐profit environmental advocacy organization with 1.3 million members and supporters and with offices in New York, Washington D.C., Chicago, San Francisco, Los Angeles, and Beijing. Curbing global warming pollution, building the clean energy future, and protecting ocean resources are NRDC’s top institutional priorities. Our organization is deeply committed to the development of clean, renewable wind energy in an environmentally responsible manner. We support the development of sustainably sited offshore wind for its environmental and economic benefits, including the accessibility of a secure energy source and the mitigating effects on climate change. The availability of offshore wind energy will facilitate our country’s move away from outdated fossil fuels that have caused devastating and ongoing damage to the environment and to public health. The Block Island Wind Farm is a sensible offshore wind project that has gone through a thorough review process. Since 2009, DWW has engaged in outreach to and consultation with federal, state and local officials, stakeholders, and the public. DWW has met with agency representatives to solicit input, coordinate information exchanges, and complete pre-­‐
application meetings. This has included consultation with the Rhode Island Coastal Resources Management Council and the US Army Corps of Engineers, among others.1 DWW has also provided project information to and solicited early input from stakeholders representing numerous interest groups, including the commercial and recreational fishing industry, members of the commercial shipping and recreational boating community, and non-­‐
governmental organizations (including NRDC and the Conservation Law Foundation).2 In addition, DWW has held public informational meetings and open houses on Block Island.3 DWW has provided information to and opportunities for feedback from federal, state, and local agencies, various interest groups, and the public for over 3 years. The review process for the Block Island Wind Farm has been inclusive and comprehensive. NRDC is particularly appreciative of DWW’s flexibility on construction dates to protect endangered North Atlantic right whales. DWW initially proposed pile driving activities during the month of April, a critical period during which right whales migrate from southern calving and nursing grounds to northern feeding and mating grounds. In response to concerns raised by NRDC, the Conservation Law Foundation, and others, DWW agreed to alter its construction schedule so that no pile driving will occur during April. This will avoid potential impacts on the right whale population from pile driving activities during a particularly important period. NRDC agrees with additional recommendations concerning right whale mitigation that were raised in the comment submitted by our colleagues at the Conservation Law Foundation. This includes recommendations that: • The Environmental Report should reflect a prohibition on pile driving from November 1 through April 30 in order to be at least as protective of right whales as the Bureau of Ocean Energy Management (BOEM)’s Environmental Assessment for the Rhode Island/Massachusetts Wind Energy Area. • DWW should take additional precautionary actions with respect to pile driving activities during early May, in response to forthcoming data regarding right whale presence in and around Rhode Island waters. • DWW should expand and monitor the expanded exclusion zones for impact pile driving of wind turbine generator foundations without prior approval from NOAA if field verification data suggests that the exclusion zone should be enlarged to a radius greater than 500 meters in order to avoid Level B harassment; however, DWW should wait for approval for implementation of a revised exclusion zone if the field verification data suggests that the zone can be reduced to less than 500 meters (especially where right whales are concerned). 1
See Block Island Wind Farm and Block Island Transmission System Environmental Report/Construction and Operations Plan, Table 1.3-­‐1 Permits, Approvals, and Consultations, p. 1-­‐8 to 1-­‐9, and Table 1.3-­‐2 Summary of Agency Consultation, p. 1-­‐11, http://dwwind.com/docs/Environmental%20Report.pdf.
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Environmental Report, Section 1.3.4 Agency and Public Outreach, p. 1-­‐11 to 1-­‐13. 3
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DWW should use noise attenuation and source level reduction technology to reduce sound during meteorological tower construction. DWW should use the best commercially available technology in order to reduce the pile driver source levels and horizontal propagation, unless such technology is prohibitively expensive. DWW should not start driving a pile unless, under normal circumstances, completion of the pile can be achieved during daylight hours. If the exclusion zone is obscured by fog, no pile-­‐driving activity should be initiated until the exclusion zone is visible for a minimum of 30 minutes. DWW should commit to a minimum of 4 experienced Marine Mammal Observers (MMOs) (2 on/2 off with each observer covering 180 degrees from bow to stern) at each pile driving site. If pile driving is to take place during early May, DWW should commit to conducting either aerial monitoring or real-­‐time passive acoustic monitoring sufficient to detect aggregations of foraging right whales during pile-­‐
driving. With respect to vessel collisions, DWW should be clear that it intends to abide by (1) the minimum 500 yard distance and avoidance procedures for the North Atlantic right whale set forth in 50 CFR 224.103(c) and (2) a vessel speed restriction of 10 knots or less on any sized vessel associated with the project and operating in or transiting to or from the project site area during the period of November 1-­‐April 30. DWW should commit to a 2-­‐week post construction real-­‐time monitoring period to collect data on the full range of WTG operational conditions for underwater noise.4 For the reasons discussed above, NRDC respectfully supports Deepwater Wind Block Island, LLC’s Block Island Wind Farm and the issuance of a Category B Assent by the Rhode Island Coastal Resources Management Council. The Block Island Wind Farm will provide clean, renewable energy to Block Island residents and will help eliminate carbon emissions produced during fossil fuel-­‐based electricity generation. The BIWF has undergone extensive review by agencies, stakeholders, and the public, all of which have been provided commenting opportunities by DWW. NRDC appreciates DWW’s ongoing efforts to protect endangered North Atlantic right whales. We agree with further recommendations concerning right whale mitigation that were detailed by the Conservation Law Foundation. NRDC regrets our late submission but hopes that CMRC will still consider our comment. Please feel free to contact us if would you like further information. 4
As CLF observed, these recommendations for the North Atlantic right whale are specific to the Block Island project. Projects involving more construction activity than anticipated here may require or necessitate different mitigation. 3 Respectfully submitted, Katherine Kennedy – kkennedy@nrdc.org Clean Energy Counsel Michael Jasny – mjasny@nrdc.org Director, Marine Mammal Protection Project 4