Although the Public Service Board granted the Deerfield Wind Project a certificate of public good, there remains a lot of work ahead. Now the wind project must obtain approval from federal and state agencies, and officials say it may be another year before construction of the wind turbines can commence.

The Deerfield Wind Project, owned by Iberdrola Renewables, of Portland, OR and Valencia, Spain, consists of 15 wind turbines and will generate 30 MW of electricity. The PSB determined the project benefits the general good of the state by a two to one vote. Chairman James Volz and PSB member David Coen supported the Deerfield Wind Project. PSB member John Burke opposed it. In the PSB's written decision, Volz and Coen concluded that the Deerfield Wind Project will contribute to the state's growing need for renewable energy, provide Vermonters with clean and renewable power, lower the overall price for power on the wholesale market, and meet consumers' energy needs. Now the U.S. Forest Service will determine whether the Deerfield Wind Project can proceed with construction. If approved, 15 wind turbines will be situated on 80 acres of Green Mountain National Forest land.

According to U.S. Forest Service supervisor Meg Mitchell, the forest service is reviewing the PSB decision. Mitchell said the forest service is also looking at submitted comments from the draft environmental impact statement. The DEIS documented potential environmental impacts for the development of a wind facility at the proposed site. In the DEIS, the forest service said the wind project was consistent with GMNF goals; met the standards and guidelines for GMNF diverse forest use; and the site met the forest plan's "desired future condition for diverse forest use."

The forest service invited public comments and is now reviewing the responses. "We received 58 comments and we'll review them all," said Mitchell. "What we're looking for in the public comments is a range of alternatives at mitigation and species preservation. We'll respond to each and every comment and finalize the EIS."

One of the project's main sticking points is bear habitat. The Deerfield Wind Project will remove 366 beech trees from the site and state officials worry that will negatively impact the bears. If the number of trees decreases, cub production also decreases, according to the Agency of Natural Resources director of wildlife John Austin.

Mitchell believes many of the concerns raised by Austin can be mitigated. She said bear habitat can be replaced through conservation easements or land purchasing. Mitchell added that black bears are able to adapt to a wide range of habitat and they can find alternative sources for food. "You've got to look at it from the whole landscape. The ideal forest habitat has openings, trees, and different food sources. They can still use it. We're sorting through that now and we're having conversations with agencies for replacement habitat," said Mitchell.

Mitchell said the process may take six months to a year to complete the final EIS and issue a decision. Once a decision is reached, parties have 45 days to issue an appeal.

The Deerfield Wind Project also has to apply for construction and operational permits through the ANR. According to Matthew Probasko, the ANR's stormwater management program district manager for Bennington County, the Deerfield Wind Project will apply for a general construction permit. This permit authorizes the Deerfield Wind Project to discharge stormwater runoff from construction activities. The permitting requirements depend on the risk of sediment discharge in stormwater runoff from the construction site and the site is classified in one of two risk categories. "There are two risk categories authorized by the general permit, low risk and moderate risk. Projects that pose a higher risk are ineligible to use the general permit, and must file an application for an individual permit," said Probasko.

The Deerfield Wind Project also has to apply for a state stormwater discharge permit. According to the ANR Web site, "The state stormwater discharge permit addresses runoff from impervious surfaces such as rooftops, paved and nonpaved parking, roads, etc." All major projects must adhere to proper discharging guidelines before a permit is granted.

The ANR has not yet received the Deerfield Wind Project's permit applications. Once they are submitted, the ANR will open the application process for public comments. During the public comment period, comments should be submitted to the Agency of Natural Resources, Department of Environmental Conservation, Water Quality Division. Comments received will be considered by ANR prior to issuance of the permits. At the conclusion of the public notice period, the ANR will make a final determination. Appeals must be filed with the clerk of the environmental court within 30 days of the date of the decision. The public comment period has yet to be determined.

For more information on the public comment process contact Matt Probasco at (802) 241-3770 or Matthew.probasco@state.vt.us.

For more information regarding environmental court proceedings call (802) 828-1660 or visit www.vermontjudiciary.org.