NOTICE OF APPEAL
Pursuant to 36 C.F.R. Part 215, Vermonters for a Clean Environment, Inc. (Appellant or VCE) hereby appeals the Record of Decision (ROD) and the Final Environmental Impact Statement (FEIS) for the Deerfield Wind Project in the Manchester Ranger District of the Green Mountain National Forest (GMNF), USDA Forest Service, in Searsburg and Readsboro, Bennington County, Vermont. The Responsible Official is Colleen Pelles Madrid, Forest Supervisor for the Green Mountain and Finger Lakes National Forests who signed the decision Deerfield Wind Appeal - Vermonters for a Clean Environment, Inc. on January 3, 2012. The legal notice was published in the newspaper of record, the Rutland Herald on January 10, 2012, therefore, this appeal is timely under 36 C.F.R. § 215.15.
The ROD and FEIS violate at least the following laws and guiding documents: the National Environmental Policy Act (NEPA) and the Council on Environmental Quality Regulations (CEQ Regulations), the Wilderness Act, George D. Aiken Wilderness Management Plan the National Forest Management Act (NFMA), the Clean Water Act (CWA), the Endangered Species Act (ESA), Executive Order 11990; and Forest Service policy as set forth in the agency's Handbook, Manual, as well as other guidance. Appellant specifically reserves the right to allege that the ROD and FEIS violate additional laws.
VCE is a Vermont, nonprofit membership organization dedicated to assuring appropriate use of Vermont's resources, including Vermont's air, land and water. Appellant and its members are very familiar with the Deerfield Wind Project area and with the Green Mountain National Forest. Appellant's members use and appreciate these lands for their scenic beauty and solitude, and for hiking, camping, hunting, fishing, mountain biking, watching birds and viewing wildflowers and other flora and fauna, photography, spiritual renewal, and other outdoor recreational and educational activities.
The Deerfield Wind Project appealed here would directly and significantly affect Appellant and its members because it would degrade all of these values and uses. Appellant specifically participated in the public process surrounding the Deerfield Wind Project, including submitting comments and attending public meetings for the initial scoping, draft environmental impact statement (DEIS), and supplemental DEIS (SDEIS) for the Project. Appellant requests that all communications regarding this appeal be directed to Annette Smith and Patrick J. Bernal, Esq. (contact information above).