This letter was prepared in response to the March 13, 2009 recommendations of the Clayton Wind Law Committee, a committee established by the Town Board. The comments contained are limited to the town’s consideration of limits on the development of utility-scale, industrial wind turbines, especially as part of a multi-turbine wind farm. NY Attorney Gary Abraham submitted the letter on behalf of Environmentally Concerned Citizens Organization (ECCO).

Community noise experts George W. Kamperman and Richard R. James provide guidelines for siting industrial wind turbines with a focus on preventing health risks due to sound emissions from the turbines. This document offers important background information that should be read by all those involved in the siting and approving of wind energy facilities. The introduction to the paper is included below. The full document can be accessed by clicking on the link at the bottom of the page.

This paper, prepared by community noise experts George Kamperman and Richard R. James, was presented at the 2008 International Noise Conference held in Dearborn, Michigan. The abstract of the paper appears below. The full body of the report can be accessed by clicking on the link below.

The Town of Clayton, in Jefferson County New York, has released comments issued by Cavanaugh Tocci Associates in regard to the preconstruction sound level study conducted by PPM Energy for the Clayton Wind Farm. CTA's comments can be accessed by clicking on the link at the bottom of this page. The first two pages of the file provide an executive summary of the comments delivered to the Town at the request of the Town Board.

Excerpts below are from the May 16, 2007 Proposed Order of WV PSC denying Liberty Gap's application for CPCN (siting permit) for 50 wind turbine project atop Jack Mtn in Pendleton County:

Industrial wind turbine farms are proposed for the towns of Perry, Covington and Warsaw, NY that will permanently alter the towns. Large turbines create strong noise levels not only from wind through the blades but largely by the turbine mechanisms themselves. To capture the wind these turbines are to be installed on hill tops around the town and thus have significant potential to create a noise nuisance. Wind turbine noise added to the prevailing ambient background sound is an important environmental consideration when siting wind turbines since they are a permanent installation and may significantly impair resident’s enjoyment of neighboring lands or even personal health. Also, relevant consideration of noise impacts and mitigation measures are a specific requirement of a NY State Environmental Quality Review procedure, required before approval of permits.

WV's Congressman Mollohan submitted a letter on July 26, 2006 to the WV Public Service Commission (PSC) concerning the Beech Ridge wind energy project proposed for Greenbrier County, WV by Chicago-based Invenergy, Inc. This wind energy developer successfully pushed through a windplant in Wisconsin nearby the Horicon Marsh - a globally-significant wildlife area and National Wildlife Refuge - despite the widespread outcry by national and local wildlife groups who opposed such close siting.

Mollohan's letter points out that Invenergy disregarded recommendations by the US Fish and Wildlife Service for multi-year pre-construction studies regarding the project's potential impacts on migratory birds and bats. He also observed that although WV's one operating wind project in Tucker County has been the site of record-setting bat mortality due to collision with turbine blades, the project operator (FPL Energy) has cut off access to the site for scientific study or investigation, even by the National Research Council/National Academies committee charged by the U.S. Congress to study the environmental impacts of wind projects in the Mid-Atlantic Highlands (see footnote #2 in his letter).

Low Frequency Noise

Low frequency noise is generated at very low frequencies, generally accepted to be at levels below 100 Hz and the audible range. There is presently no commonly accepted metric or standard for measurement, although several have been proposed or used in specific situations. Low frequency noise has been associated with wind turbine developments, as well as road, rail, sea and air traffic and other industrial applications such as cooling towers. It creates a large potential for community annoyance, and it is most often experienced inside of homes and buildings where resonance amplifies the sound, which is less easily heard outside. Because the frequencies are so low, the noise is often “felt” as a vibration or a pressure sensation. Reported effects include annoyance, stress, fatigue, nausea and disturbed sleep.

Low frequency noise can be a factor at much greater distances from the noise source than audible noise. A case study in North Carolina in the 1980’s near a wind turbine installation documented low frequency noise problems at residences located over ½ mile from the turbine.2 While the phenomenon was originally believed to be associated with the older, down-wind designed turbines, the problem persists with newer wind farms. It has received particular attention in Denmark, and has been a topic considered in the UK, Scotland and Wales through a commissioned government project in 2001.

3.8 Health & Safety

Affected Environment, Environmental Impacts and Mitigation Measures

"A number of comments submitted for the scoping process for the Desert Claim project EIS addressed concerns relating to potential health and safety issues. Specific topics indicated in these comments included certain possible hazards that are uniquely associated with wind turbines, such as blade throw and ice throw; health and safety issues associated with electrical and magnetic fields; more common hazards such as fire; and the incidence and impacts of shadow flicker, another phenomenon specific to wind turbines. Section 3.8 addresses these wide-ranging health and safety topics that have been identified as concerns for the environmental review. "