1 2 TOWN OF WAWAYANDA PLANNING BOARD. WAWAYANDA, NEW YORK ------------------------------------------X In Re: 3 4 5 CPV VALLEY ENERGY CENTER WORKSHOP SESSION SBL# 4-1-38.32, 38.33 & 40.22 ------------------------------------------X 6 Wednesday -- 6:00 p.m. May 13 2009 Town Hall Wawayanda, New York 7 8 B E F O R E: 9 PRESENT: TOWN OF WAWAYANDA PLANNING BOARD 10 11 12 13 14 15 16 17 18 19 20 ANN YATES, Chairwoman JOHN NEIGER, Board Member BARBARA PARSONS, Board Member DONALD SIEGEL, Board Member DANIEL LONG, Board Member MARY MARKIEWICZ, Board Member BENNIE DOMBAL, Board Member WILLIAM BAVOSO, Attorney PATRICK J. HINES, Consultant STEPHEN P. FLEISCHAKER, P.E. Consultant DAVID GASKILL, Consultant GEORGE JANES, Consultant RON MILLER, Consultant KAREN MCDONALD, Consultant MARY ANN JOHNSON, Consultant COMPETITIVE POWER VENTURES INC. REPRESENTATIVES: STEVEN REMILLARD Director of Development CPV RICH COGEN, Attorney Nixon Peabody LLP 21 22 23 24 25 NEIL BOSTOCK, RPR-CM Certified Shorthand Reporter 40 Stapleton Court Middletown, NY 10940 (845) 291-3128 Proceedings 1 2 MADAM CHAIRPERSON: If we are ready, as everyone 2 knows, we do have a stenographer here tonight, provided by 3 the applicant, and he asked that we each go round the 4 table and state our names so he can make some attempt to 5 keep everything straight. 6 is that if people could just speak one at a time. 7 can't take notes from two people speaking at the same 8 time. And the other thing I would ask He 9 (Appearances given, as noted in caption) 10 CHAIRWOMAN YATES: Okay, at this point the 11 applicant had asked to speak, so go ahead. 12 MR. REMILLARD: Steve Remillard, Competitive 13 Power Ventures. What I wanted to do was hopefully have an 14 opportunity to address the board tonight, and the last 15 time we met we had a lot dialogue about the SEQR process. 16 There was a discussion of a supplemental DEIS and public 17 comment period. 18 opportunity to talk to the board, and also I brought a 19 colleague of mine, Rich Cogen, from Nixon Peabody, who is 20 very familiar with the SEQR process, and hopefully Rich 21 could sort of outline the process, and from that basis 22 maybe we could look at a process where we could move 23 forward on the project and the review, and the comments, 24 and how we take a step forward in addressing those 25 comments. So I was hoping tonight I'd have an Proceedings 1 3 I know from our last meeting public review and 2 comment was a concern, was a very sensitive topic. 3 can also talk about where in the SEQR process there is 4 public review and comment. 5 So Rich, if you could just take a few moments 6 and talk a bit about the SEQR process, and give a 7 timeline. 8 9 Rich MR. COGEN: Sure, Steve. everyone. Thanks. Good evening, I'm Rich Cogen from Nixon Peabody. I want to 10 say a few words about the process, and what is 11 contemplated in the regulations. 12 that once a Draft EIS is accepted, there is a required 13 public comment period, and a public hearing is optional. 14 The minimum required public comment period under SEQR is 15 30 days. 16 that's required by way of public comment is that thirty 17 day period. 18 contemplated is that a final EIS would be prepared, 19 accepted by the lead agency, and then the other thing that 20 the -- or not accepted -- but if it is accepted by the 21 lead agency, the other thing that's required under the 22 regulations is that there be a minimum ten day period for 23 public consideration of the final EIS, before the lead 24 agency issues its SEQR findings, or makes its final 25 decision. I think you all know And under the statute and the regulations, all After that comment period ends what is And that ten day period is for consideration. Proceedings 4 1 It's not a formal comment period. 2 that if members of the public are interested, they can 3 review the final EIS, they can provide their views to the 4 lead agency, who may take them into account when it makes 5 its SEQR findings. 6 the regulations and the statute for conducting the public 7 participation part of the process. 8 9 But it's intended so And that's all that's required under There are also some, I'll call them constraints built into the process, sort of the length of the process, 10 and the steps. One constraint is that the regulations 11 require that a final EIS be accepted within the later of 12 45 days after the close of the public hearing, or 60 days 13 after acceptance of the Draft EIS. 14 is that once the Final EIS is accepted, the regulations 15 provide that the SEQR findings must be made within 30 16 days, after the filing of the Final EIS. 17 mentioning those constraints to suggest to you that, you 18 know, you have to keep to those time frames, or that C. P. 19 V. is trying to force the board to keep to those time 20 frames. 21 do, I think, establish that there is a balance in the SEQR 22 process between public participation and having an orderly 23 process with some finality to it. 24 intended that the process be an open-ended one. 25 intended that there be certain periods defined and The other constraint And I'm not But the reason I'm mentioning them is that they You know, it's not It is Proceedings 1 established and that those periods not be unduly 2 prolonged. 3 5 Now clearly here, you know, we've had public 4 participation in the scoping process, which was an 5 optional process, and we all went through that process 6 together. 7 roughly two and a half times the minimum, and I think both 8 of those things, you know, go well beyond the minimum 9 requirement under the regulations, which is a good thing, 10 11 We have had a public comment period that is for the board and for C. P. V., frankly. As I said, we're not here to suggest that, you 12 know, we're looking to keep the board to anything like the 13 minimum time frames, but what we are here to suggest is 14 that the board consider the remainder of the process 15 in light of what the regulations require, and in light of 16 kind of the balancing that's in the statute or 17 regulations, of balancing the opportunities for public 18 input and participation, with the need, and it's a need 19 that serves and helps both the board and the applicant, 20 but it's also a right of the applicant, to have some 21 finality in the process, and to have a definable path that 22 isn't open-ended and that gets done and finished on a time 23 frame that is ascertainable and reasonable, and that kind 24 of meets the expectations of really everyone. 25 So, I'm happy to say more, Steve, but I just Proceedings 1 2 6 wanted to make those points. MR. REMILLARD: And I think just in closing, the 3 last time we were together, there was a lot of talk about 4 the public comment period and the Supplemental DEIS. 5 think one of the things we would look to the board and 6 like you to consider is that the public comment period, we 7 sort of close that, based upon some of the time that we 8 have had so far, and then if there is new information, 9 there is definitely a process that is prescribed, for I 10 looking at new information and determining what warrants 11 going into a Supplemental DEIS, but also, as Rich said, 12 there is also an opportunity, as we develop the FEIS, 13 there is going to be input from the consultants and the 14 experts that you've hired, to review that material, and go 15 back and forth, so it still gets to quite a bit of review. 16 I guess in that context I just wanted to suggest that, or 17 ask if the board would consider the timing of the public 18 comment period. 19 MR. COGEN: If I could just say one more thing 20 on that, Steve, and members of the board; on the issue of 21 closing the public comment period, we've worked on 22 environmental impact statements all over the state, and 23 with both state agencies and local agencies, and the thing 24 that, you know, I think has been true in every single 25 process we've ever been involved in, is that the public Proceedings 7 1 comment period comes to a defined close, and the reason 2 for that is that helps both the applicant and the lead 3 agency, and the reason it helps the lead agency is that we 4 agencies don't want confusion about what is in the record, 5 or not in the record. 6 closes, you have a bright line. 7 is, and any comments received after that date are not 8 timely. 9 accept them into the record, and many lead agencies do, And if the public comment period You know what that date That doesn't mean that the lead agency can't 10 but what it does mean is the lead agency preserves its own 11 discretion and its own ability to accept that comment into 12 the record or not. 13 And the other thing it means is that it doesn't 14 create additional legal risks. You know, if a comment 15 period closes and a comment is submitted late, there are 16 scores of court decisions that support a lead agency 17 saying that comment wasn't timely, it's not in the record, 18 it doesn't have to be considered. 19 I don't think any reasonable court is going to disagree 20 with the decision by a lead agency to say that. 21 Conversely if there is not a defined end date for a 22 comment period, and comments keep coming in, it just 23 creates the legal risk that if, for whatever reason, and, 24 you know, not all clerks or secretaries are as efficient 25 as Pat, but if for some reason a comment is submitted and And in truth, you know, Proceedings 8 1 slips through the cracks while the comment period remains 2 open, and it's not addressed, that creates a legal error 3 that creates risk both for you and for the applicant. 4 It is because of that that really every lead 5 agency I've ever dealt with has said, you know, the 6 comment period ends here. 7 we can decide whether to accept them. 8 But at least you control the record. 9 controls the record, if there is a bright line set and If we get comments after that, As I said, most do. The lead agency 10 you're eliminating the risk of legal error should 11 something slip through the cracks later. 12 that risk and we hope you don't want it either. 13 Thanks. 14 MR. REMILLARD: 15 Thank you. We don't want I appreciate the opportunity to talk. 16 BOARD MEMBER PARSONS: Can I just ask Bill a 17 question. 18 going to have a comment period that would be held here in 19 the town. 20 21 22 In the DEC's comments they state that they are When do they do that? MR. BAVOSO: do that. Have you heard from them? BOARD MEMBER PARSONS: I mean, they do state it 23 in their paperwork. 24 comment period, right? 25 I don't know when they intended to So there will be an additional MR. BAVOSO: Yes. Proceedings 1 2 MR. COGEN: 9 As well as on the Town permit application there is going to be. 3 CHAIRPERSON YATES: I did want to clarify, will 4 we be able to get a copy of the transcript also from 5 tonight's meeting? 6 MR. REMILLARD: Yes. 7 CHAIRPERSON YATES: So I think right now our 8 task is to come up with a way to deal with the issues that 9 weren't fully dealt with in the DEIS; to define what those 10 issues are and to decide how we're going to proceed from 11 here. 12 about what the options are, and what the implications of 13 the different options are. 14 I'll turn it over to Mary Ann. 15 kind of narrowing down the options that we have, and we 16 can talk about, and ask questions about what the 17 implications of the different options are, so we can 18 decide how to go from here. And hopefully have a thorough, orderly discussion So with that in mind I guess Mary Ann and Pat have been 19 I do want to make it clear that, in my opinion, 20 normally these issues would be dealt with before the DEIS 21 was accepted as complete, and in my opinion, and this is 22 only stating my own opinion, the only reason this DEIS was 23 accepted as complete was so that you folks could make that 24 deadline, and we did that as a favor to you, and I do 25 think that we still need to deal with the issues, and they Proceedings 10 1 should have been dealt with before, but we were, we were 2 pushing things along at your request. 3 So go ahead, Mary Ann. 4 BOARD MEMBER PARSONS: Well, I think -- could I 5 say something before Mary Ann speaks? 6 lead on this, aren't you, Pat? 7 supposed to be coordinating all this. 8 of what these issues are? 9 MR. HINES: I do. I think Pat is the You're the one that is Do you have an idea It's my understanding that 10 the outstanding issues are, from Steve's office, there is 11 an issue with, and I am certainly not an expert on air 12 discharge, but there are precursors for certain chemicals 13 from the stacks, and atmospheric chemistry that happens 14 after it discharges from there. 15 some issues regarding the wildlife, vernal pool studies 16 and wildlife studies that were brought out. 17 some issues with plume height, plume analysis. 18 19 20 21 22 23 24 25 I know that Karen has George had MR. JANES: Plume height and also the missing wires. MR. HINES: And the transmission wires, that we have heard about, and I'm not clear on the economics. MR. MILLER: We have concerns about really incompleteness on the fiscal and economic impacts. CHAIRPERSON YATES: Basically we have memos I think from all of the consultants identifying issues that Proceedings 11 1 are outstanding. 2 and some would be more FEIS type things. 3 Some would be rightfully in the DEIS, The question is, you know, about the ones that 4 normally would have been in the DEIS, that were in the 5 scoping, what are we going to do now. 6 MR. HINES: I think we need to strike a balance 7 between what can be incorporated into a normal FEIS 8 procedure -- I mean, it is a normal routine that issues 9 come up during the review process. You have a tremendous 10 volume of documents before you. 11 can be addressed in the FEIS, and I think each of the 12 consultants needs to weigh in on their opinions on that so 13 the board can make a reasoned decision on that, and what, 14 if any, are substantive changes that warrant any further 15 review, either through some supplemental or some other 16 process. 17 What needs to be, what I know Mary Ann is going to weigh in on that. I have never seen a supplemental be done 18 midstream. I've seen them done after the fact. I'm sure 19 maybe Bill and the applicant's attorney can weigh in on 20 the legalities of that. 21 outstanding regarding the timing of that. 22 would be appropriate to hear from the consultants, their 23 issues, and let the board determine if in fact there is a 24 need for a supplemental or, some additional environmental 25 review. I know there may be an issue I think it I don't know what we're calling it at this point, Proceedings 1 and I think we'll decide that before we leave tonight. 2 CHAIRPERSON YATES: Yes, that's what we're here 3 for. 4 does it mean if we handle it this way versus that way. 5 That's what I'm going to ask Mary Ann to kind of run 6 through for us because they kind of narrowed it down to 7 three options, I guess. So, yes, that's a question, how to handle it, what 8 9 12 BOARD MEMBER PARSONS: about. That's what I was curious You know, I want to know what can be handled here 10 and what is going to be handled in the FEIS, because I've 11 gone through all the paperwork and there are a lot of 12 things, but it seems to me -- even, I mean, a lot of the 13 things that were in yours, Mary Ann, were going to be 14 handled in the FEIS -- 15 MS. JOHNSON: 16 BOARD MEMBER PARSONS: 17 18 That is correct. -- the first few things were mainly for the supplemental. MR. HINES: If I can suggest a process that we 19 hear from the consultants on those outstanding issues that 20 they feel are significant, and then we'll talk about the 21 process to resolve them. 22 CHAIRPERSON YATES: I sort of had it backwards. 23 I was going to do the process first and then the issues, 24 but it doesn't matter to me one-way or the other. 25 MS. JOHNSON: If I could just say, I think Mr. Proceedings 13 1 Cogen's comment is well taken. 2 public comment period on the DEIS is appropriate. 3 think you would be in a position to do that. 4 disagree with anything that you said there. 5 would be fine. 6 question of the supplemental, when and where, or if it's 7 even appropriate. 8 minutes to at least understand the criteria for when you 9 do that. 10 11 I think that closing the And I I don't I think that I think the issue before the board is the So I thought we should take a couple of So I have some handouts, maybe you have it already, but let me pass this one around. 12 So as lead agency you can require a Supplemental 13 EIS under certain conditions, and it can be a Supplemental 14 DEIS or a Supplemental FEIS. 15 laid out for you right here; changes proposed for the 16 project, or newly discovered information, or a change in 17 circumstances related to the project. 18 require preparation of the Supplemental EIS in the case of 19 newly discovered information, must be based upon the 20 following criteria: 21 information and the present state of the information in 22 the EIS. 23 to follow the procedures that you followed for the Draft 24 EIS. 25 And those conditions are The decision to The importance and relevance of the And lastly, if you do a supplemental you do have Okay, so that's the criteria under which we have Proceedings 1 14 to examine these issues 2 MR. COGEN: I'm sorry to interrupt but I think 3 there is one other important criteria, which is that those 4 things you listed have to give rise to specific 5 significant adverse impacts not addressed, or inadequately 6 addressed in the DEIS. 7 all of that. That's a very important overlay of That's right in the regulations. 8 MR. BAVOSO: 9 MS. JOHNSON: Yes. Okay. I also have another handout 10 here. 11 just so everybody is very clear. 12 map. 13 have added some extra stuff, that is the stuff in color. 14 Currently we have completed up to step ten. 15 through the EAF. 16 scoping. 17 we've had public comment. 18 are in between sort of ten and eleven here, you know, the 19 preparation of the Final EIS. 20 This is sort of where we are at in the process, Sort of the SEQR road I just copied this right out of the SEQR book. We've done the pos dec. I We have gone We've done the We have accepted the Draft EIS; public review; We had the hearing. And now we The options that I'm going to present in a 21 minute really deal with whether this information that's 22 outstanding rises to a Supplemental DEIS, in which case we 23 go back and we file a notice of intent and we follow that 24 procedure. 25 it would be a Supplemental FEIS, okay. Or if it comes after the Final EIS, in which Proceedings 1 15 So that is kind of where we are at in the 2 process. We're almost at the end of this SEQR process. 3 There are twelve steps, and if we do a supplemental we'll 4 be adding a few more. 5 BOARD MEMBER MARKIEWICZ: 6 CHAIRPERSON YATES: Sure. 7 BOARD MEMBER MARKIEWICZ: May I ask a question? You just said that if 8 there was not a supplemental DEIS, that perhaps there 9 would be a Supplemental FEIS. 10 But not necessarily, is that correct? 11 MS. JOHNSON: Correct. 12 BOARD MEMBER MARKIEWICZ: 13 BOARD MEMBER PARSONS: Now can I ask a question? Okay. 14 In other words, if they, if the things that we need to 15 address, if we don't do a Supplemental DEIS, and they are 16 addressed then in the FEIS, right, so then we have to see 17 whether the FEIS is complete, or whether we need a 18 supplemental to that? 19 MS. JOHNSON: Correct. 20 BOARD MEMBER DRISCOLL: So you can shift things 21 out of the DEIS into the FEIS, or is there a legal 22 separation that they can't mix? 23 MS. JOHNSON: Well, I'm going to hand that MR. BAVOSO: You're going to see that in a 24 25 out -- Proceedings 1 16 minute. 2 MS. JOHNSON: I am trying to go step by step. 3 It's a lot to absorb. 4 are the options to think about, as you think about what 5 you are going to hear from the consultants regarding what 6 these outstanding issues are. 7 What I've tried to lay out for you Option one is to continue on the path that we 8 are on, proceed to the FEIS, and in that process the 9 comments will be responded to, the studies that are 10 outstanding would be included, the Planning Board is going 11 to take a look at the FEIS and determine whether it's 12 adequate or not. 13 public consideration period, as Mr. Cogen described, and 14 after the public consideration period, you're going to 15 prepare the finding statement. 16 and you look at those additional studies, and you decide 17 that there is some more information still needed, that at 18 the time you can also call for a supplemental and have it 19 be a Supplemental FEIS. If it is, you're going to proceed to the 20 MR. HINES: 21 MS. JOHNSON: If you look at the FEIS DEIS. No, it would be an FEIS. I tried to do the pros and cons here. All 22 right. The pros of 23 this process would be it is typically what is done. 24 what people are used to, it's what people are familiar 25 with. It's It also does not preclude the Planning Board from Proceedings 17 1 requiring a Supplemental FEIS if it is deemed necessary. 2 The cons to that are it limits comments on whether those 3 additional studies are in compliance with the scoping 4 document. 5 and agency review and comment. 6 to look at it, they do get an opportunity to submit 7 comments, but there isn't necessarily a response to any of 8 that. It does not allow for the same level of public They do get an opportunity Okay. 9 BOARD MEMBER PARSONS: Can I ask a question? 10 they give us comments that could make us decide also 11 whether we need a Supplemental FEIS? 12 MS. JOHNSON: 13 BOARD MEMBER PARSONS: So in other words they 14 If Correct. wouldn't be ignored? 15 MS. JOHNSON: 16 MR. HINES: No. And to interject, an agency could 17 incorporate their comments into their findings, as they 18 develop. 19 there is that option. 20 Each agency has to develop findings too, so MS. JOHNSON: Option two is to require a 21 Supplemental DEIS. The preparation of the FEIS can be 22 on-going. 23 from the public and from its consultants. 24 working on all of that. 25 until the studies that were in the Supplemental DEIS were The applicant already has a bunch of comments They can be But the FEIS could not be adopted Proceedings 1 addressed. 2 lead agency will need to go through, file the notice of 3 intent, the pos dec; you could do scoping. 4 to. 5 Supplemental DEIS. 6 determining whether it's complete or not. 7 a public review, and an optional public hearing. This also outlines the process that the It's optional. 8 9 Okay. 18 You don't have There would be the preparation of the There would be that period of There would be Once that's complete the FEIS would then address issues in the DEIS, and the Supplemental DEIS. You go to 10 your public consideration period, and then you go to your 11 findings statement. 12 full agency and public review and comment on the issues 13 that were inadequately addressed in the DEIS. 14 clearly demonstrates for the record that the board has 15 taken a hard look, which is a requirement under SEQR. 16 may preempt a future legal challenge. 17 supplementals have been challenged, quite frankly, in both 18 directions, whether they should have been done or 19 shouldn't have been done, whether they needed to be done, 20 whether the lead agency took the appropriate steps in 21 determining whether there needed to be a supplemental. 22 The pros for this is, this allows for It And these This process will slightly delay your final 23 decision. 24 requirements that will have to be met. 25 It also There are certain minimum statutory Option three, this would be a hybrid approach to Proceedings 19 1 the FEIS. Here it would be prepared, you would determine 2 adequacy. But then you would circulate to the agencies, 3 and let the public know that there is a Proposed FEIS 4 that's out there, and ask for their comments, incorporate 5 the comments as necessary, maybe determine if there is a 6 supplemental needed, and then proceed to the public 7 consideration and findings statement. 8 ordinary process. 9 of the question. It has been done. This is not the It's not totally out It provides a compromise position. It 10 streamlines the process a little bit. 11 necessary to prepare a supplemental, but it again does not 12 preclude the Planning Board from doing so if it's deemed 13 necessary. 14 It may not be The cons again are, it doesn't follow the 15 straight regulatory guideline in the process, but it does 16 represent an expansion for public and agency comment and 17 review. 18 in how that gets circulated, and what it says in that 19 statement, so that the agencies understand, you know, that 20 they will be encouraged to comment, and will be addressed 21 if it's appropriate. The Planning Board is going to have to be careful 22 Again, it is not the typical process. 23 the potential to confuse involved and interested agencies. 24 25 BOARD MEMBER MARKIEWICZ: It has For option three then, what you're saying is, after the FEIS is prepared, it Proceedings 20 1 could be seen by the public and comments made by the 2 public, and then the Planning Board would decide if those 3 comments needed to be addressed, or the applicants would, 4 or the applicant would, and then when it was -- then a 5 Final FEIS would come with those comments, is that what 6 you're saying? 7 MS. JOHNSON: Yes. 8 BOARD MEMBER PARSONS: 9 be circulating a Proposed FEIS. 10 MS. JOHNSON: In other words we would Which is not what typically 11 happens. 12 Board. 13 ten day, can be put out for longer, it doesn't have to be 14 just ten days, and comments can come back. 15 Usually the FEIS is adopted by the Planning It is -- it is put out for that ten day, minimum CHAIRPERSON YATES: So in considering the three 16 options then, as Mr. Cogen pointed out, I mean, the lead 17 agency may require Supplemental EIS limited to the 18 specific significant adverse environmental impacts not 19 addressed or inadequately addressed in the EIS. 20 now talk about what those -- 21 22 23 Shall we MS. JOHNSON: I think you should go through those issues. MR. COGEN: May we just make one other 24 suggestion? And I'll say, we appreciate the spirit 25 in which the third option was proposed. You know, there Proceedings 21 1 are certainly compromise elements in that, but it also 2 says, and as Mary Ann pointed out, it is very unusual, and 3 I think it would be very confusing, for not only involved 4 interested agencies and the public, but from our 5 standpoint we think there is at least one more much 6 simpler option than any of these, that, you know, we would 7 like to suggest for your consideration. 8 seen these options until we got in the room here. 9 And we hadn't One of the fundamental truisms about the SEQR 10 process is that a Final EIS -- well, let me say one other 11 thing; any thought of a Supplemental Final EIS at this 12 stage is not only extremely premature, but we don't think 13 that would be helpful to anybody, because whatever issues 14 your consultants are thinking about now, we already know 15 about, so that if there is a desire that they be addressed 16 in some other fashion, the way to address them isn't to 17 think that we're going to do a supplemental after a final. 18 We don't think that serves anybody, you or us; 19 but I think the fourth option is that, it's a truism that 20 the Board ultimately controls whether a Final EIS is 21 accepted or not. 22 under the regulation we have been talking about, a 23 Supplemental DEIS can only be required if there are 24 specific significant adverse environmental impacts not 25 addressed or inadequately addressed in the DEIS, that It's your decision. It's also true that Proceedings 22 1 arise from a change in the project or newly discovered 2 information or changes in circumstances. 3 respectfully, that the project hasn't changed, so what 4 we're talking about here is whether newly discovered 5 information demonstrates that there is a significant 6 environmental impact that hasn't been adequately 7 addressed. 8 I would say, And I think what we would like to suggest is 9 that the board does not have enough information today to 10 make that decision, because there are some other studies 11 going on that we are completing, that your consultants 12 will have, and we don't think the judgment on whether 13 things have been inadequately addressed can be made until 14 those studies are available. 15 responses to comments that have already been received 16 would be, and then the judgment could be made, and so we 17 would suggest just a very simple process; whether you call 18 it option four or not; is that you don't have to decide 19 this today, nothing requires you to; that you wait to get 20 the studies; that we work through with your consultants 21 and the Board how we're planning to respond to comments, 22 and at that point you can decide whether an FEIS that we 23 may be preparing can be accepted, or whether, based on all 24 the information, you can make the finding that the 25 regulation requires, so that the decision would be made You have an idea what our Proceedings 23 1 later, with the information in hand, that allegedly would 2 serve as the basis for finding that there is specific 3 significant impact that hasn't been adequately addressed. 4 We don't think you can make that determination today. 5 So we would suggest just a very simple process. 6 Let's keep working together. You'll get these studies. 7 We will work through how we're planning to respond to 8 comments. 9 at that point you wouldn't accept the Final EIS if you We'll start working on the Final EIS, and then 10 wanted a supplemental. 11 that's the finding you make, and go through that part of 12 the process, and move on. 13 supplemental is not needed at that point, then the final 14 would be submitted, and that's what we would suggest. 15 We would do a supplemental, if If you decide that a It's a simpler, much more regular process. We 16 think it keeps you within the bounds of the regulation. 17 And frankly we think it's beneficial, both for the 18 applicant and for the Board. 19 CHAIRPERSON YATES: 20 21 I throw that option out. What are the studies that are outstanding right now? MR. REMILLARD: Some of the ecology studies. I 22 know the vernal pool is one that we're looking at. Stream 23 bio-monitoring. And I 24 know that there was for, for Steve, we were looking at 25 setting up a protocol to start looking at the secondary PM There was the Indiana Bat survey. Proceedings 1 2 3 4 24 2.5 formation. MR. COGEN: Which frankly we're not sure will be feasible to do. MR. REMILLARD: But we're going to do that in 5 consultation with your consultants, as was outlined in the 6 DEIS, is what agreed to. 7 MR. COGEN: 8 altered simulations. 9 And there may be a few additional or MR. REMILLARD: As Rich said, we prepare those, 10 and submit those, and at that point you'd have the 11 information to make a judgment at that point, whether it 12 meets that criteria. 13 information for you to render that judgment. So today we don't have that 14 BOARD MEMBER PARSONS: Now, what you're working 15 on at this point, and if you continue to go through that 16 process with our consultants, will all that then end up in 17 the FEIS, is that what you are saying? 18 down the road we felt that it should be -- 19 MR. COGEN: Or we could, if Remember, as we have gone through 20 the DEIS process, we have submitted underlying studies 21 that were then used in the DEIS to your consultants, you 22 know, as they have been ready for review, and before they 23 were incorporated into the DEIS. 24 suggesting is we'll do the same here. 25 studies, as you got the studies that were the basis for And what we're You'll get the Proceedings 25 1 the DEIS. 2 you have the studies, and we talked about how we're 3 planning to respond to other comments, and usually we have 4 used like a matrix approach to respond to comments. 5 know, here is the heart of what the response is going to 6 be, and reviewed that with the municipal consultants. 7 And you can review them and at the point where You Once you have that information, you have a 8 decision to make. You know, does this new information 9 meet the standard for Supplemental DEIS. If it does, if 10 you decide it does, that's the path we go. 11 decide it doesn't, that it just gets incorporated into the 12 FEIS, then the process goes down that path. 13 MR. BAVOSO: If instead you It sounds like that would work if 14 the studies they are doing are the studies that our 15 consultants are requesting. 16 BOARD MEMBER DRISCOLL: Can I ask a legal 17 question of Bill? We had the public hearing, and we did 18 not have the information all available to the public, 19 which they had a legal right to see. 20 with any legal responsibility? Does that leave us 21 MR. BAVOSO: I think what we're saying here is 22 that we're going to get additional information and then 23 when we get that additional information, and again if it 24 is, if it is the information, if they are the studies that 25 our consultants think we need to have, that we didn't have Proceedings 26 1 before, we still have another crack at deciding whether or 2 not to do a Supplemental EIS, which will then trigger the 3 opportunity for additional comment and review by the 4 public and other agencies. 5 BOARD MEMBER DRISCOLL: If somebody else decides 6 that they could have gone to look at something, and they 7 legally wanted to, is that a problem for us? 8 9 MR. BAVOSO: Well, it is our determination. It will be our determination as to whether or not what we see 10 rises to the point of significance, that would trigger, 11 in our opinion, the need for an SEIS. 12 is a question, we think this is something that is 13 significant, that needs to be looked at, or commented upon 14 again, we have that opportunity. 15 yet, as they have said, without seeing those studies that 16 they are working on now. 17 studies, it would seem to me, come to us, on the subject 18 matter that our consultants have requested those be, those 19 be prepared for, it seems that we're good. 20 MR. MILLER: So I mean if there But we don't know that And again as long as those I'd just like to elaborate a little 21 bit from our perspective on studies. There are a lot of 22 information gaps in the information on the fiscal and 23 economic, that we didn't say is a study, but we need to 24 have some way of dialogue with the applicant, and his 25 consultants, so that we can, we have an understanding of Proceedings 27 1 what they will provide in response. Which, you know, 2 that's fine. 3 having a dialogue and meeting is critical, so that we know 4 what they will provide and how, and we can react to that. 5 I mean to me that's the most important, is to see what the 6 technical analysis response will be. 7 expert on SEQR, but to me that's very important, for David 8 and I to have a dialogue with Steve and his consultants, 9 on their response to our response, and we have some From my viewpoint, getting information and You know, I'm not an 10 specific, more targeted ideas on the issue of property 11 values, for example, that we want to propose. 12 know -- 13 14 BOARD MEMBER MARKIEWICZ: Would that be addressed in the FEIS? 15 CHAIRPERSON YATES: 16 MR. BAVOSO: 17 CHAIRPERSON YATES: Well ultimately that's -- That's what we're going to decide. I guess we still want to 18 determine what those, what these issues are. 19 going to narrow down -- 20 So, you BOARD MEMBER PARSONS: We were I think what the 21 applicant is saying, that they are, they have worked with 22 our consultants very well up till now, I believe. 23 think anybody has had a problem. 24 well together. 25 think what they are saying is, they are prepared to Right? I don't They have worked They have come out with the answers. I Proceedings 28 1 continue doing that. 2 allow that to continue, so that we can at some point -- 3 4 And I don't see any reason to not CHAIRPERSON YATES: But Barbara, we need to let our consultants speak. 5 BOARD MEMBER PARSONS: I know that. 6 CHAIRPERSON YATES: We have heard the applicant 7 but they have not heard any of our consultants yet. 8 9 BOARD MEMBER PARSONS: I'm talking. All right? Well, let me finish now. If it's what they feel that has 10 to be addressed, and they are willing, and from what I can 11 understand here, even if it's something that wasn't on the 12 list, you sound like you are ready to address it. 13 long as they are continuing to work together, eventually 14 we will all come out with all the answers that we need, 15 right? 16 MR. BAVOSO: So as I think that the reason that we're 17 here tonight is to address these three or maybe four items 18 that Mary Ann has well identified here -- 19 CHAIRPERSON YATES: 20 MR. BAVOSO: It may be more than that. Or if there are more. That we need 21 to address if these are the additional areas that we think 22 require more study. 23 what we're going to do to handle that. 24 CHAIRPERSON YATES: 25 How we're going to handle that, okay, Let's hear from the consultants on the issues that are outstanding, that maybe Proceedings 29 1 should have been in the DEIS, and, you know, we can digest 2 what we think those are, and agree on them and then decide 3 now or at some future time how we're going to handle them, 4 because there are a lot of options, so I would ask the 5 consultants to weigh in now on the issues that they have 6 identified. 7 8 9 10 MS. JOHNSON: I thought maybe we'd start with Karen, because ecological was a big issue. CHAIRPERSON YATES: MS. MCDONALD: Okay. I have produced two sets of 11 comments for today. 12 short, and the other is the full length technical comment, 13 which I prepared with a big disclaimer that they're 14 incomplete. 15 yet have the information that I need to evaluate some of 16 the portions of this EIS, and I wanted to be real clear 17 about that. 18 One is a summary, it is relatively The reason they're incomplete is that I don't BOARD MEMBER SIEGEL: So the information should 19 be forthcoming from the applicant. 20 MS. MCDONALD: Well, I'll get to that. I just 21 want to begin with four points, four general overall 22 comments that I have from a little bit of a different 23 perspective, not strictly the procedural perspective, but 24 the EIS evaluation perspective, okay, getting in there 25 reading it, deciding what it means. Proceedings 1 30 First of all, I'm very concerned that the 2 completeness portion of this project was rushed, as Anne 3 mentioned earlier, to allow certain deadlines to be met, 4 and that's okay, but I deferred some of my comments to the 5 technical period because of that. 6 know, I believe it's appropriate to slow down enough to 7 finish the outstanding studies, and provide the additional 8 information to allow for a complete review of this 9 project, of its impacts and its mitigation for the At this point, you 10 impacts. There is some information that is missing from 11 the EIS. Some of the studies that have been mentioned. 12 There are others. 13 provide professional review of the significant impacts of 14 this project and the mitigation for those impacts. 15 This has to be done in order. This information is needed in order to You have to have 16 the information first to be able to describe the impacts. 17 By information I mean the existing conditions. 18 to know what is on the site in order to be able to 19 describe the impact on what is on the site, and you can't 20 do the mitigation until you have got both of those 21 complete. 22 doesn't work. 23 happening within the text of the EIS. 24 conclusions and mitigations being drawn from an incomplete 25 set of initial information and that concerns me. You have You can't do it the other way around. It Which is what I'm finding is already There are already Proceedings 1 31 I'm concerned that the process keeps moving 2 while we're still scrambling to gather the rest of that 3 basic information that's required. 4 Third, some of the information presented in the 5 Draft EIS is inadequate in terms of its scope or its 6 detail, to allow for professional evaluation of impacts or 7 mitigation. 8 And fourth, at least from the sections that I 9 personally reviewed, the project in its impacts have been 10 presented in segments, rather than as a whole, and I feel 11 very strongly that some of these sections need to be 12 totally revisited and rewritten, because especially -- 13 you know, I can say this -- especially for the ecology 14 section at the end, I was presented with four different 15 parts of this project. 16 But everything was divided into four parts. 17 four parts was divided into three subsections which were 18 all divided into three additional subsections, and it was 19 very difficult to gather together all of the same 20 information, of what are the impacts of this entire 21 project on a particular resource, on wetlands, on water 22 quality, et cetera. 23 some of this stuff is changed. 24 25 This is one project, not four. Each of those It is very difficult to do that until Now the summary that I provided is basically in two pages, a little less than two pages of bulleted Proceedings 32 1 information on some specifics that I'm talking about. All 2 of the things, the subject areas that I reviewed, 3 wetlands, water resources, ecology, plants and wildlife, 4 fall into only two categories; watersheds, and 5 biodiversity, and that's how I looked at them, when I went 6 through and presented, you know, and tried to pull out the 7 information that was, first, inadequately reviewed, 8 second, missing, and third, that had to do with 9 mitigation. 10 So first, in terms of water, and water 11 resources, I don't know what the value would be for me to 12 zoom through these maybe little more than a dozen 13 specific -- 14 MR. BAVOSO: No, I don't see any value. 15 MS. MCDONALD: 16 MR. BAVOSO: 17 MS. MCDONALD: When you have it in writing. Exactly. I will just say in general that 18 there is information inadequately presented with regard to 19 water quality, water supply, downstream impacts on water 20 sources, wetlands, especially indirect impacts to 21 wetlands; there is insufficient information on buffers 22 around streams and wetlands, and that probably, I am just 23 trying to see, and contaminants and disturbed soils, and 24 all of that really has to do with water quality. 25 the other entities that responded in comments, most Some of Proceedings 33 1 notably the Town of Goshen and the Town of Wallkill, have 2 echoed some of these concerns with downstream effects and 3 I think they are important and they are going to warrant 4 more work and more information. 5 Second, missing information in terms of water, 6 and some of these are promised additional information that 7 was mentioned in the DEIS, that said we're going to be 8 providing this later. 9 it's later. I'm kind of waiting, because now Additional site observations regarding 10 wetlands hydroperiod. 11 post-construction impervious surfaces for watersheds and 12 wetlands. 13 overall watershed health. 14 as it stands now is not sufficient to effectively address 15 those significant impacts that we already know about, from 16 information that is in the DEIS now, notwithstanding what 17 is still to be added. 18 not been completely described. 19 in most cases the SWPP is being used as virtually the only 20 mitigation for all of these water related impacts, and 21 that is not sufficient mitigation. 22 point because a lot is being placed on that at this point 23 in the process. 24 25 Additional information on pre- and And the role of the project site in terms of The mitigation in this section In part because these impacts have And in part because That's an important SWPP stands for storm water pollution prevention plan, required by the state as part of the phase two Proceedings 34 1 regulations regarding storm water management on a 2 particular site. 3 has participated in a workshop held by DEC and by the 4 county regarding better site design, and specifically the 5 state has presented a list of 28 better site design 6 principles that it is recommending be followed in all 7 projects that are being reviewed to town level. 8 think that in light of the town's involvement that this 9 information should be added into this review, as Along with that I know that this town And I 10 appropriate. 11 apply, but I think some of them will, and they need to be 12 added. 13 All of those 28 points won't necessarily Now let's zoom on to biodiversity, because I'm 14 trying to zoom here. Here again, biodiversity includes 15 everything. 16 the interconnections between those habitats; everything. 17 On this I'll just go to the points of inadequate review, 18 to start with. 19 with is the total area of disturbance for this project has 20 not been adequately described or presented on maps. 21 Portions of the project are entirely missing from many of 22 the site maps, and so it's inconsistent, it's very 23 difficult to ascertain what the total impacts from the 24 total project, all four pieces of it, not just one or two, 25 are on the resources that are on this site. It includes plants, animals, their habitats, One major problem that we're still dealing This is a Proceedings 35 1 concern that also was echoed by some of the other 2 responders like the Town of Goshen and the Town of 3 Wallkill. 4 Carpenter Creek, riparian areas, are not 5 described or mapped as a habitat feature. The description 6 of biodiversity in the EIS is incomplete, and misleading. 7 It needs to be changed and revised. 8 requesting a listing of species that are of conservation 9 concern on this site, and I mean listing of plants and 10 animals, and I don't mean all of them; I mean only the 11 ones that the DEC defines as conservation concerns, which 12 I have specifically defined and identified in my comments. 13 The purpose for that is so that you can say, okay, here is 14 five species of greatest conservation need, as the state 15 lists them, that are on this site or might be on this 16 site. 17 impacts of the project on those habitats, and therefore 18 the impacts on those species. 19 been made in this document. 20 lists of species of greatest conservation need and I have 21 no analysis that tells me, okay, what habitats are they 22 connected to, which parts of those habitats are going to 23 be lost or impacted by this project, and what does that 24 mean in terms of mitigation. 25 missing, is not provided. The purpose for Here are the habitats that they need. Here are the Those connections have not I have lists, I have great All of this information is Proceedings 1 36 For out and out missing information, which has 2 been promised by the applicant team, I would like to add a 3 few things, and I have got a list of them. 4 whether I need to go through them all. 5 already heard about the vernal pool study, a change in how 6 habitats are described, adding wet meadows to that 7 description. 8 season for plant species of conservation concern. 9 plants, just plants of conservation concern. 10 I don't know But we have A plant survey during the 2009 growing Not all On the in-stream habitat survey, the phase one 11 bog turtle survey, a survey of potential bat roosting 12 areas, and evaluation of the perimeter fence, design and 13 location, in terms of impacts on small animals. 14 Specific information regarding invasive species. 15 That's mine. 16 Impact of converting one wetland type to another wetland 17 type. 18 habitat complexes, which are also valid for some other 19 species that require not just one habitat but several 20 in order to be able to thrive. 21 missing too and has been acknowledged by the applicant as 22 being forthcoming. 23 I added that as a result of my review. I also added that. And description of turtle That information is In terms of mitigation, in this section, there 24 are quite a few pieces missing. I alluded to them at the 25 beginning in the discussion of impacts and mitigation, at Proceedings 37 1 the end is fragmented, it is non-specific, it's very 2 difficult to follow, and it needs to be consolidated and 3 reworked before I can even really evaluate what the 4 impacts on the resources on this site might be. 5 And that's my very quick, speedy, outline. I 6 have it all on paper. 7 paper, that are incomplete. 8 They are not complete yet. 9 until all of this additional information in these studies 10 I have my more detailed comments on I want to underscore that. They will not be complete have been gone through. 11 BOARD MEMBER LONG: Karen, thank you for the 12 summary. 13 you're looking for, and additional scope that you're 14 looking for, so you can do your analysis; when did you 15 document it and has the applicant seen it? 16 Just a quick question as to the details that MS. MCDONALD: I turned all of my comments 17 in today because I had been waiting for some of these 18 other studies that were supposed to be done, that haven't 19 been done yet. 20 today, because of the ending of the comment period, and I 21 wanted to get something to the Planning Board at this 22 time. 23 complete so far. 24 25 But I didn't want to wait longer than So now you have everything that I've been able to BOARD MEMBER LONG: chance to review it yet? So they haven't even had a Proceedings 1 CHAIRPERSON YATES: 38 If you read the DEIS, in 2 those sections, it says studies to be done, studies to be 3 done, studies to be done, and those are the studies that 4 she has been waiting for. 5 were all thinking we would have had them by now. 6 I guess she was thinking, we MS. JOHNSON: Some of them. And some of the 7 reason Karen waited is that those studies are also related 8 to some of the comments in the other sections. 9 very difficult to do the review when you don't have 10 So it is everything in front of you. 11 BOARD MEMBER LONG: And some of that stuff is 12 seasonal. 13 dialogue -- as you're doing your analysis did you have 14 some dialogue with the applicant, saying, you know, this 15 is missing, can I get some more detail here? 16 I was just trying to understand what kind of MS. MCDONALD: We had dialogue earlier in the 17 process regarding completeness, where some of these issues 18 came up, and I deferred my comment at the request of the 19 applicant, because of the time line, because it was a very 20 tight time line, and things kind of had to be rushed, and 21 I agreed with the idea that at some point we're not going 22 be rushed here. 23 able to take the time I need and get the information in 24 there that's needed to do a complete review of this 25 project, and that's the point that I feel like I'm at At some point as a reviewer I want to be Proceedings 1 right now. 2 BOARD MEMBER LONG: For a project of this 3 magnitude, and what you've seen and scoped so far, what 4 kind of time line are you talking about? 5 MS. MCDONALD: Well, the first thing I'm talking 6 about isn't a time line, it's providing all the 7 information. 8 9 39 BOARD MEMBER LONG: Once you have all the information, what kind of time line are you looking at? 10 MS. MCDONALD: That's probably quicker than 11 getting all the information together. 12 BOARD MEMBER LONG: I'm asking for a time line. 13 CHAIRPERSON YATES: Well, she has to read the 14 study and analyze it. It takes a week or two. 15 MS. MCDONALD: Right, probably. 16 BOARD MEMBER LONG: Just a ballpark, just 17 18 19 20 curious. MS. MCDONALD: Not huge amounts of time once it is put together. BOARD MEMBER SIEGEL: So once you get the data 21 together you are talking about a two week determination to 22 get your -- 23 MS. MCDONALD: Approximately. 24 CHAIRPERSON YATES: 25 The problem is not that we don't have time to review it, but we don't have the Proceedings 1 material to review. 2 3 40 BOARD MEMBER SIEGEL: I understand that. I think Dan was asking that we want some sort of time line. 4 BOARD MEMBER PARSONS: Also I think it's a case 5 of, if it's incomplete, and she accepts it's incomplete, 6 and otherwise she is going to have another laundry list 7 and that's possibly what may go on, and what I'm -- right 8 now it is possible that they haven't submitted anything 9 because they were waiting for this meeting to see what was 10 going to come out of it. 11 it, but they didn't -- did that have to be done for now or 12 is it going to be done for the FEIS, so I can understand 13 why you did not get anything. 14 rather long list. 15 accepted the DEIS with this kind of list and I don't 16 remember this being mentioned before we accepted -- 17 And even though they need to do It seems to me that it's a I don't even understand why we even CHAIRPERSON YATES: Oh my gosh. 18 shouldn't have accepted the DEIS. 19 bottom line. 20 21 22 I mean, we I think that's the BOARD MEMBER PARSONS: We shouldn't have done but we did. CHAIRPERSON YATES: We shouldn't have accepted 23 the DEIS and we did, and now we're picking up the pieces 24 and spending all of our time and energy trying to do that. 25 BOARD MEMBER PARSONS: No, we're not. We're Proceedings 41 1 trying to get this kept on a straight course, and I 2 think -- 3 4 CHAIRPERSON YATES: Right, but we've kind of taken two steps backwards. 5 BOARD MEMBER PARSONS: We're saying here that 6 we'll keep it on a course, on an even keel, that's moving 7 forward. 8 point, but -- 9 10 11 It doesn't have to move forward fast at this BOARD MEMBER DOMBAL: Well, I think we should get the data before we even move forward. BOARD MEMBER PARSONS: Exactly. That's what I am 12 saying. This data has to come in. 13 start to move forward. 14 so, you know, you can't give a time period because, first, 15 whatever they give you, you have to review, and then you 16 may come back with -- 17 But then it will slowly But she has to accept the data, MS. MCDONALD: Wait, wait, I need to add 18 something to that, okay. The process that works better 19 than me just providing a list of what is missing and 20 giving it to the applicant, is having a dialogue with the 21 applicant. 22 of completed studies and saying, these are my finding. 23 What usually takes longer is that then you have to go back 24 and have a dialogue and an iterative process to work out 25 how you're going to address those things, those findings, That takes longer than me just reviewing a set Proceedings 42 1 those issues, so that can take longer, and the two weeks 2 that I gave was strictly me in my office, but really, to 3 have that dialogue, is very important, and can take a 4 little longer. 5 6 MR. HINES: It helps to have that earlier rather than after. 7 MS. JOHNSON: We find ourselves, quite frankly, 8 in this strange place, that is not really described in the 9 SEQR regulations, so that's the thing that we've got to 10 work with here. 11 MR. BAVOSO: Well, I don't think the applicant 12 has requested, from what I have heard so far at least, a 13 time period. 14 they have agreed that there are still studies to be done. 15 So I don't think we should set a lime limitation. 16 they get done they get done. 17 CHAIRPERSON YATES: 18 When I am just trying to figure out what needs to be done. 19 20 They have said, let the studies get in, and MR. BAVOSO: But I understand the question, what stage we're at. 21 CHAIRPERSON YATES: 22 MR. JANES: Why don't we go on. George. Because my section is visual, I have 23 a visual, and I encourage you all to move so you can see 24 it. 25 portable screen. I apologize for the size of the screen but this is my My presentation, I am going to skip Proceedings 43 1 through it a little bit, because I actually did a little 2 bit more than what we're talking about today. 3 summarizing my comments, my written comments, so I will 4 skip through some of the things, and try to focus in on 5 the special -- you know, is this a supplemental issue or 6 not, which are really my issues with the DEIS. 7 I was Before I get into that I want to state a couple 8 of things about the existing visual component of the DEIS, 9 is that it does disclose impacts on visual resources. 10 This is Viewpoint 11 from Route 6. 11 conditions. 12 right. 13 this. 14 text, acknowledging that there are significant impacts on 15 visual resources from the close-up viewpoints. 16 You have the existing And bam, you have a big project sitting That's disclosure. That's an important part of And it is not only in the visual, it is also in the There are nighttime visual simulations, as was 17 requested, and they are done I think very well. 18 you have things like the plumes being simulated to a 19 certain extent, so you can see that there are visual 20 impacts being disclosed. 21 also, this is also, the other side of that coin is that 22 from far-off viewpoints, visual simulations and the text 23 state that there are little -- there is little impact. 24 This is from the Paramount Theatre in Middletown, and you 25 can see it's a tiny little stack over here. These are good things. Again, Oh, and So no impact Proceedings 1 from this point. 2 44 So in that regard this was a success. Now, but, and there is a big but here, and it 3 has to do with the transmission wires, and a switch yard. 4 Now let's focus on the transmission wires first. 5 notice here, this is the cover image. 6 cover of all of your books. 7 There are no transmission wires here on the edge. 8 they are proposed they are not shown here. 9 SP3 and also the SP4, and all of the big fold out plans, You This is on the There are no wires here. This is the 10 the ones that I look at, right, the ones that the 11 technical reviewers look at, and it is missing. 12 no wires here. 13 Though There is Now we sketched up about what was going to 14 happen here. 15 grain of salt here, is that there is going be a right of 16 way, and then 120 feet, averaging about 120 feet poles 17 going right along the right of way, the center of the 18 right of way, and then it's going to go underground at 19 some point over here and there may be another switch yard 20 here, which I'll get into in a second. 21 This is an estimate, so you can take with a So the order of operations of your typical 22 visual analysis is you define your action, and then you 23 build a 3 D. model and then everything flows from that. 24 You have your view shed mapping, based upon the action you 25 built. You inventory your visual resources. You do your Proceedings 45 1 field visit. 2 photo-stimulation, all based upon the action, what it is. 3 You take your pictures, you're composing your photograph, 4 what would be the best photograph from this viewpoint to 5 disclose. 6 analyze the impacts. 7 You select your viewpoints for Then you do your photo simulations and then you Now, the first thing was wrong, because the 3 D. 8 model does not have the wires in it. The view shed map 9 was done with all that vegetation, which is going to be 10 removed. 11 decisions based upon the view shed map may be incorrect, 12 because it's understated. 13 So the view shed mapping is understated. So The photo composition, and I will get into this 14 in a second, the photo composition, where you take a photo 15 from, what it looks like, would be different if, because 16 all of these are focusing on the plant, not on the wires. 17 And therefore your findings of significance may be 18 different. 19 This is the view from I-84, westbound lane, off the 20 shoulder of the westbound part of I-84. 21 published in the EIS. 22 yard that is adjacent to the plant, and then there are 23 wires that go all this way, and I'll just show you what I 24 mean by that. 25 approximately the same spot, and I did what is called a So, for example, here is viewpoint thirteen. This is how it's Now, the plant, this is the switch I went out there, and I stood in Proceedings 46 1 panoramic photo. 2 a shot this way, and then I turned, constantly taking 3 pictures as I turned, and they have all been stitched 4 together, to try to give you all an impression of what is 5 missing from this viewpoint. 6 So I was standing over here, and I took So the approximate field of view of viewpoint 7 thirteen that we just looked at is over here -- there is 8 the plant. 9 going up to where the entrance ramp is, and all of that is The wires extend all the way back up here, 10 missing. Now you wouldn't probably simulate this 11 viewpoint, because it's just -- panoramas have distortion 12 in it, and you don't want to have really big panoramas 13 like this, so what you would do is you would compose this 14 photo differently, and this is another one that I took 15 from the top of the entrance ramp, so you're going 16 westbound on I-84, you're just getting on it, right, and 17 so these wires are going to be coming up this way, and 18 then entering the ground over here. 19 Horizons complex is over there. 20 power plant is -- probably you wouldn't do this one, 21 because the power plant is minimized versus the wires. 22 This one, from the eastbound lane, would probably be 23 something that I would consider because you are actually 24 able to not have too big of a panorama and be able to get 25 the entire action into the view. This is where the But this one is, the Proceedings 1 47 Now the other thing, and in terms of photo 2 composition, it goes with all of the viewpoints, most of 3 the viewpoints anyway, maybe not all of them, some of the 4 far distant viewpoints are fine, the ones that are looking 5 from two miles away, you get the entire action, but it's 6 the near field viewpoints. 7 and is not in my comment letter, because I didn't realize 8 it until I read other people's comments. 9 that Section 18.5 states that the project would Now this one actually came up Somebody noted 10 interconnect Transmission Systems via on-site overhead 11 transmission lines and an off-site underground 12 transmission conduit to be constructed between the project 13 step up transformers, and the new 145 kilovolt switch yard 14 to be constructed on the eastern portion of the project's 15 122 acre parcel. 16 Now, this is the only mention of a 145 kilovolt 17 switch yard in the entire text, when I searched for it. 18 There is also another mention of a 345 kilovolt switch 19 yard, which is again on the eastern portion, but when I 20 say eastern portion, what is mean is somewhere over here, 21 in this area. 22 Well, I just went and pulled an image off of Google and 23 that's what a 145 kilovolt switch yard looks like, and I 24 don't know if it's actually proposed or not. 25 there. Now, what does that switch yard look like? And this needs clarity. But it's in What is the action? Proceedings 1 48 And this is different than Karen's problem, all 2 right. Karen's problem, there is stuff that's missing. 3 And in this case, this is a mistake. 4 this is a mistake done by the applicant. 5 done by me, meaning that I should have caught this before 6 we got to this point. 7 about these issues far before now. 8 mistake. 9 doing. This is a mistake, It is a mistake And we should have had a dialogue It's a serious The first thing you do is you define what you're What is your EIS about, and in this case it's 10 about a plant, and it is not about wires, whereas they are 11 proposing wires. 12 All right. We can talk about whether this is 13 DEIS supplemental worthy or not in a moment. 14 my other issues. 15 quality section which I didn't review until after I 16 reviewed the visual sections, and a couple of other 17 sections, I didn't review the air quality section for 18 completeness, it discloses that plumes can be over ten 19 thousand meters long and five hundred meters tall. 20 only three or four percent of the daylight hours, but 21 that's very, very large. 22 the visual simulations is 50 meters long. 23 lot of language in there, and I'm not sure I understood it 24 all, and this may very well be a conversation, that this 25 goes away in a conversation with Steve and the applicant Very large plumes. I'll get to Now in the air It's The plumes studied in most of Now, there is a Proceedings 49 1 about this, but these are mega-plumes. 2 plumes. 3 anybody was considering regarding visual simulations of 4 plumes, and again, to show you the example of this, this 5 is the Grieve Road viewpoint, which we considered, both 6 the -- I agree and the applicant states in the EIS, is a 7 relatively minor impact, or no impact on visual 8 resources -- you see the stacks over here, there are 9 plumes, but it's far off, the scale is completely 10 diminished by the distance that's involved here. 11 you have these plumes; five hundred meters is this. 12 Right. 13 keeps going like this. 14 of it is material enough that we need to go, tell me more 15 about these mega plumes? 16 days? 17 don't see them at all and that they are an artifact of the 18 weather? 19 say they have been properly analyzed in this, and once 20 again, I'll talk in a second about whether this is 21 supplemental worthy or not. 22 These are giant These are off the scale as far as anything that This is a thousand meters. Now if Ten thousand meters It's way off the screen. The size Are they only existing on foggy Is that the only time they happen, so that you It's just not addressed well enough for us to Another thing I just really quickly want to get 23 into, and I want to say it now, and just get it in the 24 record here, because it's not in my original comments, 25 because this is something that we realized only the day I Proceedings 50 1 turned in my comments last month; Pine Hill Cemetary was 2 studied in a PDEIS, and then what happened is the 3 applicant came here and said, all right, planning board, 4 we have done these visual simulations; what other places 5 do you want us to analyze, and then you picked out some, 6 and they analyzed some and many of them didn't have 7 impacts at all, but Pine Hill Cemetary was dropped. 8 it was dropped, it's not a listed resource, it's not an 9 historic eligible site, even though you may think so Now 10 considering it really is quite lovely. But it's not a 11 listed -- the state doesn't require it to be analyzed. 12 But it's very close to the site. 13 elevation and it may be a site that the planning board 14 wanted to have analyzed. 15 then dropped. 16 the highest stone wall, looking toward the plant, you'll 17 have the plant over here, which will be visible -- this is 18 a very thin band of trees, most of the green here is the 19 grass beyond. 20 This is the only, the underdog portion of this view that's 21 really left. 22 in this, from this viewpoint, because it's very high. 23 just wanted to float that out there. 24 the planning board should be aware of. 25 wasn't in my formal comments. It has very high It was one that was analyzed and I point this out because, again, sitting on And then the wires, which will go this way. All other sides you see mostly development I It's just an issue And again it Proceedings 1 51 Now I want to skip these issues because they 2 clearly can be addressed in an FEIS, and I think most of 3 the issues can be addressed in the FEIS. 4 Hill Cemetary can, probably the plumes can. 5 that you'll be able to assuage my fear. 6 have to be careful when we have that kind of language 7 in there. 8 transmission wires. 9 there is at least a couple of comments that are confused 10 about whether there are transmission wires to this, and, 11 you know, they ask where they are going to be. 12 they might be happening in the future as opposed to now, 13 being proposed in this EIS. 14 Clearly Pine I'm expecting I mean, we just The most serious issue is the missing When I read some of the comments Some think I think certainly, I can say with some 15 certainty, that at least some of the comments would have 16 been different had they been properly disclosed, had the 17 simulation shown them, had they shown up in the site 18 plans, the big site plans, that there -- and that to me is 19 one of the thresholds for a supplemental, is that, would 20 there have been materially different comments and would 21 there have been materially different impacts, or there 22 could be, there could be materially different impacts of 23 this, and there almost certainly would have been 24 materially different comments. 25 have understood the action better when they made these Or at least people would Proceedings 1 2 52 comments. What the Department of Transportation, which 3 essentially had no comment, commented, had they realized 4 that there had been wires going all the way up that 5 entrance ramp to I-84. 6 been really well disclosed. 7 again, I'm not an attorney on this, so this is not legal, 8 but as a planner I think, well, you know, if you want to 9 comment on it, you want to comment on the entire action We don't know that, but it hasn't So where I'm sitting, and 10 and it's really not clearly disclosed what the action is, 11 or at least not as well as it should be. 12 BOARD MEMBER MARKIEWICZ: That's it. May I ask a question 13 at this point of the applicant; if those wires were 14 underground from the plant, would you need a switch yard? 15 MR. REMILLARD: There would be a transition pole 16 or structure that would take the wires from out of the 17 switch yard on the site, and then take it underground, and 18 then when it goes over to the Marcy South line, there 19 would be a similar structure come above ground, and then 20 it would connect up into Marcy South. 21 MR. JANES: I would follow up your comment by 22 saying, if these wires were underground all of my issues 23 go away, because that is how this has been analyzed, 24 meaning visually it's been analyzed as if those wires were 25 underground. Proceedings 1 MS. MCDONALD: 2 MR. JANES: 3 BOARD MEMBER PARSONS: 4 53 My comments wouldn't go away. There may be more comments. The switch yard is still not on there though. 5 MR. REMILLARD: There is a 3.5 kv switch yard, 6 and I don't know, and again, if it's a typo in the 7 document, and if it's a 145 versus a 345, then that could 8 be the difference, but this is the part of the process 9 where we say we take these comments and we address them or 10 work through them, and then present them back. 11 one switch yard. 12 MR. JANES: It's only It does say in the text that there 13 will be two switch yards. 14 in Section 18.5 and in Section 12.9 it says that there 15 will be two switch yards, one at the eastern edge of the 16 property. 17 18 MR. DRISCOLL: 21 Is there anything at the eastern edge? 19 20 Only in a couple of places, but MR. JANES: How does it go underground I guess is -MR. REMILLARD: It's a transition structure. 22 Basically the poles, it comes up to them, and then you 23 transition them down underground. 24 MR. JANES: So no other switch yard on the site? 25 MR. REMILLARD: No. Proceedings 1 MR. JANES: Well, that's great. 2 MR. REMILLARD: 54 That's good. But I think this is part of the 3 process with the comments. We go through this, we bring 4 it back, you clear them up, and then you come down to a 5 short list and say, okay, these are the ones, if they are 6 significant then we start to apply some tests, but again, 7 it is a dialogue to start doing the review in response to 8 comments. 9 MR. JANES: To address your point right now, the 10 switch yard and the wires, they are two sides of the same 11 coin, right? 12 wires are proposed to be overground, clearly, and 13 overhead, right, and, you know, so there is no switch 14 yard, but there are still the wires and the comments still 15 stand. 16 The wires, the comments on the wires, the MR. REMILLARD: Again the process is what I was 17 sort of describing. 18 that we talked about earlier, to distill it down and to 19 address all of these. 20 MR. COGEN: We should engage in that dialogue We think that it makes sense to have 21 that dialogue before these kinds of comments are aired in 22 public, frankly, we really do. 23 CHAIRPERSON YATES: We think it helps -- Excuse me, this meeting was 24 for our consultants to identify the issues that we still 25 needed to consider, possibly as part of a supplemental Proceedings 1 DEIS. This is a public meeting. 2 keep this secret from anybody. 3 MR. COGEN: 55 We are not trying to Nor are we, but here is an error 4 that could have been corrected before. 5 CHAIRPERSON YATES: We're doing our best. We 6 have been on a pretty rushed time frame trying to get you 7 guys your DEIS acceptance, and we're doing our best. 8 We want to get to Steve's issues now. 9 MR. FLEISCHAKER: As we talked about at the last 10 meeting, on the air side, we have this one issue which 11 actually we did work back and forth with the applicant, 12 and we have language in the DEIS concerning this secondary 13 formation of fine particulate matter, otherwise known as 14 PM 2.5. 15 language, we agreed upon the language, what the process 16 was going to be to come up with this procedure. 17 procedure didn't occur as part of the DEIS, because of the 18 time constraints, and also, so that the board fully 19 understands, the procedure that we're trying to develop is 20 one that is not an established procedure. 21 trying to do is characterize the total impact of fine 22 particulate matter, as a result not just of stack 23 emissions but also of what happens to those emissions once 24 they get out into the atmosphere and there is additional 25 fine particulate matter created. We have written into the DEIS, we had joint The What we're Proceedings 1 56 Now I want to emphasize there is no set 2 procedure how one does that. That's not part of an air 3 permit application process, which regulates what comes out 4 of a stack. 5 applicant has agreed to developing an approach with us, is 6 to characterize the impact, the total impact with PM 2.5 7 in the area in which this emission is going. 8 not creating a research project. 9 this thing ad nauseum, but we're going to come up together What we're trying to do here, and the Okay. We're We're not going to delay 10 with a reasonable, practical approach to characterizing 11 this additional fine particulate matter. 12 to be an easy exercise. 13 language of the DEIS, that we would consult with the 14 regulatory agencies and it is a process that we have 15 agreed we are all going to do together, so that as lead 16 agency your consultant will be involved in the applicant's 17 discussions with the federal and state agencies to say, 18 okay, what is a reasonable approach. 19 it isn't necessarily cutting edge. 20 things like this, but again, there is no set way to do it 21 and we're going to come up with a practical, easy to 22 understand approach, and we're going to work on what that 23 approach is. 24 25 It's not going We've incorporated it in the And that's really -- Others have done I wanted the board to really understand that this is something that we felt it was necessary, we Proceedings 57 1 recommended to you, for proper characterization of the 2 emission impact, okay. 3 told you before, we worked out a lot of the details, we 4 had a lot of back and forth, and I think that as far as 5 the plume comment, from George on the visual, that is a 6 question that, you know, if it was brought out to our 7 attention, because it was caught, that will be a 8 discussion point that we'll have with Glen, and we'll 9 bring that answer back to you, why does it say what it 10 says. 11 process. All the other things that I've But that will be, that will be part of this FEIS 12 As far as this issue of the, going back to the P 13 M 2.5 and the secondary formation of it in the atmosphere, 14 one could argue you could have done it at the DEIS stage, 15 you didn't need to wait, but we recognized the practical 16 significance of trying to push it ahead, so we have agreed 17 that we put the language in the DEIS, and now we're going 18 to do this as part of the FEIS, if that's the way you are 19 all going to decide to go. 20 What I think is important though is what is 21 going to come from the finding of this approach. If there 22 is a very significant finding that it would change 23 something, we'll bring that information to the board, so 24 you understand where we should go next. 25 negligible impact, then you'll understand that too, and If it's a Proceedings 58 1 you'll know how to make your decision. 2 things, it's relatively simple compared to some of the, 3 what the other consultants have said and some of their 4 issues, particularly on the ecological side. 5 CHAIRPERSON YATES: In the air side of Could I just ask, does 6 everybody know what he is talking about when he talks 7 about PM 2.5? 8 MR. FLEISCHAKER: 9 CHAIRPERSON YATES: 10 MR. FLEISCHAKER: Fine particulate matter. And why do we care? We care because it's those 11 very small particles that you are most concerned about 12 penetrating deeper into a person's lungs if they breath it 13 in, and you're not breathing it in obviously at the stack 14 level, but as it comes down, and it spreads out and it's 15 part of the air quality. 16 17 18 CHAIRPERSON YATES: You're saying it is being formed after it leaves the stack? MR. FLEISCHAKER: It comes out of the stack. 19 There is an amount. 20 DEIS, it's part of the permit application. 21 there is another part where it forms in the atmosphere and 22 it's part of air quality. 23 24 25 It's calculated. BOARD MEMBER DOMBAL: It is part of the But then What area would this encompass? MR. FLEISCHAKER: That's what the plume maps Proceedings 59 1 would show, and we'll give you distances when we have the 2 analysis done. 3 4 BOARD MEMBER DOMBAL: You'd have no idea off the top of your head what the distance is? 5 MR. FLEISCHAKER: I can't tell you that it's 6 going to be a significant impact at this point. 7 think it would be, but we have to go through this 8 approach. 9 BOARD MEMBER DOMBAL: 10 MR. FLEISCHAKER: We don't But it's not a good thing. Well, it becomes an issue 11 because in this general area, we're a non-attainment area 12 for fine particulate matter, but because the emissions out 13 of the stack are at a certain number, it's below the 14 threshold that requires a certain type of restriction, 15 okay. 16 area, the region, then it's an impact that needs to be 17 characterized. 18 lead agency's decision, and determination relative to the 19 project. 20 the number, and explain to you, here is the limitation in 21 how we developed those numbers, so that you understand 22 what we have done. 23 negligible number, it may come back with a significant 24 number. 25 the federal and the state regulatory agency, will come up But the point is, if it's further impacting general What you do with that information is the Our job as your consultant is to define what is Like I said it may come back with a That's where the technical folks, in concert with Proceedings 1 60 with an approach, and that's essentially the exercise. 2 I just want to make one other comment. I 3 realize that our time is coming close to an end here; in a 4 general sense I think what we have heard from all the 5 consultants is that this process, we all tried to rush at 6 the end because we recognized the importance of a 7 deadline. 8 bit. 9 now, what we really want to make sure is that the planning I think we all talked about that for quite a What I think is most important is that going forward 10 board members are fully apprised of what is the process 11 going to be like on a going forward basis, with the 12 provision of new information, and clarification of 13 information, because one of the things we want to make 14 sure is that we understand the time frame that we're all 15 working under, that it doesn't come down to the 11th hour 16 again, at some point, because there is another deadline. 17 We want to make sure we have adequate enough time, going 18 forward, regardless of what process we wind up going, 19 whether it is supplemental DEIS or FEIS, when those 20 technical reports start coming, I think we should know, 21 what are the technical reports, who is getting them, what 22 is in the technical reports, how long do we think a back 23 and forth process will go, how many iterations, and most 24 importantly, not for air, I don't believe it's going to 25 be, but for the other issues, how are we going to get to Proceedings 61 1 the point where there is going to be a difference of 2 opinion; how are we going to get those resolved, where we 3 don't have, where the planning board members were fully 4 aware of some of those issues, and I know you all have sat 5 through, and I've sat through, some of the issues on the 6 economic side, and there are differences of opinion. 7 think we need an agreement on a process going forward, 8 relative to a time frame, so that in the end it's not like 9 this rush, and then we don't feel we have done the job I 10 that we need to do for you guys. 11 comment on the overall process. 12 flesh out the applicant; what kind of time frame are we 13 going to be dealing with, going ahead with these technical 14 reports and the back and forth and how long it's all going 15 to last. 16 17 18 CHAIRPERSON YATES: That's just my general So I think we need to Do the other consultants have any comments? MR. GASKILL: Yes. We have some of the same 19 concerns that the other consultants did. We went along 20 with the DEIS very reluctantly, and did accept it. 21 have to tell you that we do not believe the DEIS -- we 22 believe the DEIS inadequately addresses the scoping 23 document, and we would have liked to have seen the DEIS 24 effectively address the scoping document which we believe 25 it did not do. But we And so we hope in the time ahead it can do Proceedings 62 1 that. One of the things we have done and I think all of 2 you got it, was in late April we put together I think a 3 seven page document with our comments on the DEIS, and I 4 think the applicants have that I believe, and what Ron has 5 just handed out basically is a two page summary of the key 6 points, the key elements of the longer document that we 7 did in late April. 8 layman's like language the document that we did in April. 9 The document in April went section by section, section So this tries to pull together in more 10 7.4, section 7.6. This simply tries to put it all 11 together in fairly straightforward, simple language, of 12 what we see the problems to be at this point in time and 13 if you ask me right now what is the fiscal impact on the 14 Town of Wawayanda, I would have to tell you, I have no 15 idea, based upon the DEIS. 16 fiscal impact is, and what I'm looking for is a point in 17 time when we get the FEIS, so I can say, I can now tell 18 you what the fiscal impact will be, because today I 19 couldn't tell you, I couldn't even come close to guessing 20 what the fiscal impact is going to be, and I think this is 21 ultimately critical information that you should have. 22 it should be part of the FEIS. 23 does, what the longer document does, is layout what we 24 think we need in order to be able to tell you what the 25 fiscal impact will be. I have no clue as to what the And And what this two page And I can go through this, and it Proceedings 63 1 is probably not necessary to go through it, but this gives 2 you some of the main areas. 3 knows what we're looking for. 4 we're talking a lot about dialogue here. 5 a dialogue with the applicant. 6 dialogue, to my knowledge, since the DEIS was filed, and 7 since probably we were last here in February. 8 done the document, they have received it. 9 feeling for their reaction to it, their response to it, I think the applicant already And what I would say and We have not had We have not had a So we have We have no 10 what they intend to do it. 11 dialogue and I do concur that a dialogue would be very 12 useful. 13 So we have not been in a We have not been in a dialogue. MR. MILLER: Let me add, on one area, on 14 economic impact that we have concerns, you see it at the 15 end of page two on the property values impacts. 16 said in our 7 page April 22nd submittal, where there was 17 an attachment of five pages, with the studies I found in 18 the literature, on the impact of power plants, including 19 transmission lines and structures on property values. 20 There is a whole range of literature out there that was 21 not in the DEIS. 22 that I found early on, the original information they 23 provided were two studies, done on the impacts of power 24 plants, both I felt was not up to standards in terms of 25 methodology, and in our submittal, April 22nd, we We had They did include in the DEIS one study Proceedings 64 1 documented there a lot of studies out there that showed 2 different impacts than the two studies that they submitted 3 that showed favorable impacts. 4 More to the point, now after we did a little 5 field work, with George and Mary Ann, and going to some of 6 the residential areas around within a half a mile, a mile 7 of the power plant, we saw where there might be potential 8 implications for property values, Kirby Town Road, Gates 9 Road, those are areas that have scattered, you know, 10 residential housing, not high concentration for 11 residential housing. 12 identified, including of course Horizon, which is right 13 next to the project. 14 work, there is more literature they should be citing in 15 their study, but also we think, and some of the public 16 comments that you get that I read and I think you read, 17 indicated concerns about the shortcomings in the property 18 value impact analysis and some of the comments said, well, 19 these studies are fine but they are not germane to 20 specifically to this project, the locations around this 21 project. 22 access to real estate experts, either appraisers or real 23 estate brokers, to deal with the issue of property value 24 impacts in certain locations; however based upon the 25 information that George had pointed out on the lack of There are other areas that were And so we feel that there is more We propose that there needs to be some sort of Proceedings 65 1 visuals on transmission lines, I would say, you can't go 2 ahead and move on these further analysis until the 3 supplemental or the additional visual impact analysis is 4 done, because a lot of the property impacts are really 5 dealing with proximity and visual -- you know, whether the 6 view from your backyard or front yard, what do you see, 7 and what does someone who wants to buy your house see. 8 I think that it would be premature at this time to go 9 ahead with any local analysis specific to this project and 10 locations surrounding it until we sort out the whole issue 11 of the visual information. 12 recommendation. 13 So That would be my On David's material we have a whole bunch of 14 information that we think is critical to the fiscal 15 impact, and that information could be provided if the 16 applicant has it. 17 know is being negotiated, but we believe that for the 18 planning board to say, we know the potential fiscal impact 19 of the project, we need some information that deals with 20 the Pilot payments. 21 public record as well. 22 Some of it, like the Pilot issue we There were comments on that in the MR. GASKILL: Pilot is only one piece of it and I 23 don't want the applicant to get the wrong picture. What 24 you had in the DEIS on Pilot was totally acceptable. 25 was not an issue. That We knew you couldn't do anymore than Proceedings 1 you did in the DEIS. 2 more in the FEIS, but not in terms of the DEIS. 3 one other thing, and you have more paper than you ever 4 need, but Ron and I read all the public comments, written 5 and oral, and we summarized them in our area so if you 6 want a summary of comments and the fiscal, social, 7 economic area, that's a summary of the comments. 8 9 So that's not an issue. 66 BOARD MEMBER PARSONS: addressed in the FEIS? We expect We did do Now these comments can be I mean they wouldn't have even 10 been available if we hadn't accepted the DEIS as complete 11 for the public to make comments. 12 13 MR. GASKILL: They could have done far more in the DEIS in terms of certain areas. 14 BOARD MEMBER PARSONS: What I'm saying is the 15 comments that we received, we had to first accept the DEIS 16 as complete to put it out to the public for review. 17 I am saying is, these comments then would be addressed in 18 the FEIS. 19 20 MS. JOHNSON: We just wanted to make sure we brought the more important ones to the surface. 21 BOARD MEMBER PARSONS: I have seen them myself. I've been through all of 22 them. 23 have had the ability to receive these comments if we 24 hadn't accepted the DEIS. 25 What CHAIRPERSON YATES: As I said, we wouldn't These are for the FEIS. Proceedings 1 2 3 67 Okay, Pat, do you have anything major outstanding right now? MR. HINES: We don't have anything that can't be 4 addressed in the FEIS. 5 meet with them. 6 with the applicant, had a dialogue, gave them extensive 7 comments, so that I think that helped with our areas, and 8 in addition we provided comments on both the site plan, 9 and the DEIS, all of which can be addressed in the FEIS. 10 We had the opportunity early on to During the completeness review we met They are fairly technical in nature. That's it. 11 CHAIRPERSON YATES: And do you have other -- 12 MS. JOHNSON: I just sort of summarized three of 13 the bigger issues that I saw in the DEIS that can be 14 addressed in the FEIS. 15 comprehensive plan. 16 don't think it goes into enough detail. 17 talks about enough of the information in the plan to reach 18 some of the conclusions that are reached. 19 issue with new zoning. 20 pretty much says you can't have any damage to to health, 21 animals, vegetation, other forms of property related to 22 emissions of all sorts of things. 23 about this. 24 very few projects could meet. 25 aware of that. One is consistency with the There is some analysis in there. I I don't think it There is an You do have a provision that Bill and I have talked This is an extremely high standard, which So I want the board to be I think the board should probably work Proceedings 68 1 with Steve on perhaps additional mitigation measures. 2 think the air quality study that Steve is talking about 3 may help shed some light on what additional mitigation may 4 need to be done to sort of say we minimized this to the 5 maximum extent practicable. 6 I And lastly, the other big issue is community 7 character. Some of that relates to the work George has 8 done on visuals. 9 describing community character in your plan which is not Some of it relates to the information 10 described well in that section. 11 need to be addressed in more detail. 12 three. 13 CHAIRPERSON YATES: Those things are going to Those are my big Going back to Steve's 14 question, because Steve really framed the issue, we need 15 to establish how this process is going to move forward 16 from here, and come to an agreement with the applicants. 17 What I don't want to see happen is, okay, now we got, you 18 know, thirty days we're going to have an FEIS and we have 19 fifteen days to approve that and we still haven't got the 20 studies, and maybe we will get them in time for site plan. 21 We have got to get this in order, so we're doing the 22 review, we're seeing this studies, we're getting all the 23 information before we're going to FEIS, before we're 24 having the site plan public hearing and these kind of 25 things. So the people have, they feel like they Proceedings 69 1 understand the issues fully and everything is considered 2 as a whole. 3 MR. REMILLARD: Can I say one thing. Again, 4 folks, I think I came to the board after the DEIS was 5 deemed complete, and said, you know, we recognize the 6 challenge we had at meeting that schedule. 7 help us in terms of being able to meet with and having 8 some of the planning board meetings. 9 work with the board in terms of a time line over the next Weather didn't We said we would 10 several weeks, months, whatever it is, but work a time 11 line that's comfortable for folks. 12 commitment to the board and I just want to reiterate that. 13 CHAIRPERSON YATES: So I did make that So what I'm envisioning now 14 is perhaps, you know, this would be one way to approach it 15 is that we don't make a firm decision tonight on 16 supplemental DEIS, supplemental FEIS issues, but that we 17 at least are able to get these studies before we move 18 forward with anything else, and that you will waive the 19 time frames for FEIS until those studies are complete and 20 our consultants are comfortable with the results and the 21 board is comfortable with the results. 22 23 MR. HINES: Right now we're not even in a SEQR time frame. 24 BOARD MEMBER PARSONS: 25 CHAIRPERSON YATES: We're in limbo. No, we have had the hearing, Proceedings 1 we have the sixty days or whatever. 2 frame. 3 4 MR. COGEN: yes. 70 We do have a time We will definitely agree to do that, That is what we were suggesting before. 5 CHAIRPERSON YATES: That we will get all the 6 studies and all the information that we originally 7 contemplated. 8 9 MR. COGEN: stay closed, but other than that. 10 11 We do ask that the comment period BOARD MEMBER PARSONS: I think that's what Mary Ann suggested, right. 12 CHAIRPERSON YATES: We extended it until 13 tomorrow, so it is closing tomorrow, unless we extend it 14 again. 15 MS. JOHNSON: I think you are fine. 16 MR. BAVOSO: 17 18 19 20 It's happening, that's it. closed. MR. DRISCOLL: But we can accept written comments if we wish to, is that right? MR. BAVOSO: If they come in we can decide what 21 we're going to do with them. 22 CHAIRPERSON YATES: If they are significant I 23 think we're obligated to consider them really. 24 something unusual came to light -- 25 It's MR. DOMBAL: If We'd have a responsibility to look Proceedings 1 71 at them. 2 CHAIRPERSON YATES: If it was significant I 3 think we would be remiss -- we'd have to reopen SEQR, if 4 nothing else. 5 BOARD MEMBER LONG: I'd like to suggest, you 6 know, procedurally, going forward, now we had a summary 7 and brought us up to date, I'd like to see the dialogue 8 between consultants and the applicant, back and forth, so 9 we have these checkpoints from time to time, you know, so 10 we can really start to make that dialogue happen and move 11 forward. 12 MR. BAVOSO: My only concern is the issues with 13 regard to both sets of consultants discussing that there 14 hasn't been dialogue in some areas. 15 there hasn't been dialogue and you are concerned about it, 16 pick up the phone; either you or us, lets just get that 17 done. 18 Bonacic or Rich Cogen. 19 that everybody speaks from here on out. 20 CHAIRPERSON YATES: Well, I think that if I haven't had any problem in speaking to Scott I think we just need to make sure Right. Well, I think the 21 applicant, the focus is on the applicant to contact the 22 consultants and request meetings before the board -- 23 MR. BAVOSO: 24 CHAIRPERSON YATES: 25 information. I agree but -And get us all this Proceedings 1 2 MR. BAVOSO: 72 I think if we still have questions on our side we need to make that call too. 3 CHAIRPERSON YATES: Of course. 4 BOARD MEMBER PARSONS: I also would like to say 5 that I would like them before the board on a regular 6 basis, with the applicants telling us that things are 7 moving along. 8 BOARD MEMBER LONG: 9 MR. REMILLARD: Check points. Just again, one quick thing. I 10 think it was quiet because we were working on the public 11 hearing, then the comments, so we were letting that sort 12 of all come together, so that then we would take all these 13 comments and sit down with the consultants and yourselves 14 and start to work through those. 15 little bit quiet since I think the March time frame. 16 We've just been doing some of the work behind -- 17 MS. JOHNSON: That's why it's been a Which is typically what happens. 18 There usually is a little bit of a quiet period. 19 at the last meeting though there was, you know, at least 20 my understanding when I left the meeting was that some of 21 the ecological studies had been done, you were writing the 22 reports, and we were waiting for them. 23 I think MR. DRISCOLL: Can the consultants meet -- we 24 have our meetings twice a month; can we get a written 25 report if they believe there is movement on what they Proceedings 73 1 need, so at least we can see if there is communication. 2 All we need is a little fax letter saying -- 3 MR. HINES: Just a suggestion is, the applicants 4 were here tonight, they heard the consultants' concerns, 5 maybe if they can generate a list of when they anticipate 6 studies being done. 7 submitted yet, that would be helpful. 8 scheduling issues that they need to contend with. 9 If some are done and just not CHAIRPERSON YATES: I know people have That's a good idea. Maybe 10 anticipated completion dates for those studies, that would 11 give everybody. 12 MS. MCDONALD: And since mine just came out 13 today, I would like some feedback on that too, because I 14 just don't want my comments to just wind up in a response 15 mode where I'm make a comment, and you respond, and then 16 that's kind of the end of it. 17 dialogue, start with comments. 18 MR. REMILLARD: I'd like to have a Like I say, in terms of the 19 public comment period winding down, now we would be 20 engaged in a dialogue with you again. 21 MR. COGEN: We had anticipated at the end of the 22 comment period we would start having that dialogue. We 23 weren't aware that the comments generated by the 24 consultants three weeks ago were being generated, more 25 than that there would be new ones tonight. This is the Proceedings 1 first time we have heard them. 2 a dialogue. 3 74 We very much like to have MS. JOHNSON: It was indicated in our memo that 4 Karen's comments were forthcoming because we were waiting 5 for the studies. 6 heard. 7 8 9 That's the only new comments that you MR. COGEN: It indicated after the studies, so that's why we were surprised to get them tonight. CHAIRPERSON YATES: So at this point, as I 10 understand it, the applicant is agreeing to waive the 11 sixty calendar days after the filing of the Draft DEIS. 12 We're going to finish all these studies and thoroughly 13 analyze them before we move to FEIS. 14 MR. COGEN: 15 MR. REMILLARD: 16 MR. BAVOSO: And we will get status reports on 17 18 19 That's correct. Yes. where we are at. CHAIRPERSON YATES: And we will be happy to meet with the applicant at any meeting -- 20 BOARD MEMBER LONG: At least once a month. 21 CHAIRPERSON YATES: We would like to put it on 22 on the first agenda available. 23 Is the rest of the board in agreement with this? 24 25 That sounds fine to me. BOARD MEMBER PARSONS: Do we have to make any kind of a resolution, Bill? Proceedings 75 1 MR. BAVOSO: I don't see it. 2 CHAIRPERSON YATES: 3 else right now at this time? 4 issues overall that we want to get more information on? 5 mean, I was worried some people might not understand what 6 PM 2.5 are, what the implications are for health. 7 are other issues here, other pollutants, other impacts, 8 wetlands, water quality. 9 educational things too on these issues, if anybody has any Does anybody have anything Do anybody have any of these There I mean, we can do little 10 issues they would like to understand better. 11 everybody here is a biologist or an air scientist. 12 Not MR. DRISCOLL: I mean, these plumes, I'm assuming 13 there is a lot of moisture in them -- 14 CHAIRPERSON YATES: Would it be helpful to have 15 a little half hour session on what these chemicals are, 16 and what they turn into and what they do? 17 MR. DRISCOLL: 18 CHAIRPERSON YATES: 19 be interested in something like that? 20 21 22 23 24 25 I Certainly. Would the rest of the board BOARD MEMBER DOMBAL: the results. After the results if we have questions -- CHAIRPERSON YATES: okay with it? I'd personally like to see Okay. Is everybody else Okay. MR. FLEISCHAKER: When we get it done we'll make sure that there is enough of an introduction so that Proceedings 1 76 people get up to speed. 2 BOARD MEMBER PARSONS: Also with the plumes, I 3 don't remember, but when we did Cal Pine I thought that a 4 lot of this stuff that comes our way comes from Ohio. 5 I don't know how far away some of this stuff is going to 6 go. 7 CHAIRPERSON YATES: That is what is going to be 8 analyzed. 9 has asthma, is this going to affect your kid. 10 So I mean, if you live in Middletown and your kid BOARD MEMBER PARSONS: They were talking at that 11 time, because I think they took off different things for 12 the air quality, from that area, so that it wouldn't give 13 so much coming into our area, as I remember. 14 CHAIRPERSON YATES: 15 anything at this time on this project? 16 No. 17 CERTIFIED BY ME TO BE A TRUE AND ACCURATE 18 Okay. Okay, does anybody else have Thank you. transcript of the within proceedings 19 ___________________________ 20 Neil Bostock 21 Official Reporter 22 23 24 25 Proceedings 78 -------------------------------45 4:12. 3:20, 3:20, 4:11, -----------X 1:3, 1:9 50 48:22. 4:14, 9:21, 9:23, 10940 1:46. 6. 43:10. 14:16, 21:21, 22:23, 11 43:10. 6:00 1:11, 1:11. 40:15, 40:16, 40:18, 11th 60:15. 7 63:16. 40:22, 66:10, 12.9 53:14. 7.4 62:10. 66:24. 120 44:16, 44:16. 7.6. 62:10, 62:10. accepts 40:5. 122 47:15. 845 1:47. access 64:22. 145 47:13, 47:16, . account 4:4. 47:23, 53:7. . ACCURATE 76:17. 18.5 47:9, 53:14. < A >. acknowledged 36:21. 2.5 24:1, 56:6, 57:13, ability 7:11, 66:23. acknowledging 58:7, 75:6. able 9:4, 30:16, 30:18, 43:14. 2.5. 55:14, 55:14. 36:20, 37:22, 38:23, acre 47:15. 2009 36:7. 46:24, 46:24, 51:5, action 44:22, 44:24, 22nd 63:16, 63:25. 62:24, 69:7, 69:17. 45:2, 46:25, 47:5, 28 34:5, 34:10. above 52:19. 47:25, 51:25, 52:9, 291-3128 1:47. absorb 16:3. 52:10. 3 44:23, 45:7. accept 7:9, 7:11, 8:7, ad 56:9. 3.5 53:5. 23:9, 41:13, 61:20, add 36:2, 41:17, 30 3:15, 4:15. 66:15, 70:18. 63:13. 345 47:18, 53:7. acceptable 65:24. added 14:13, 33:17, 38.33 1:8. acceptance 4:13, 34:9, 34:12, 36:15, 40 1:45. 55:7. 36:17. 40.22 1:8. accepted 3:12, 3:19, adding 15:4, 36:6. Page: 79 of 90 Concordance 81 addition 67:8. addressing 2:24. ago 73:24. Additional 7:14, 8:23, adequacy 19:2. agree 29:2, 49:6, 70:3, 11:24, 16:16, 17:3, adequate 16:12, 71:23. 24:7, 25:22, 25:23, 60:17. agreed 24:6, 38:21, 26:3, 28:21, 30:7, adequately 22:6, 23:3, 42:14, 55:15, 56:5, 31:18, 33:6, 33:9, 34:20. 56:15, 57:16. 33:10, 37:9, 37:13, adjacent 45:22. agreeing 74:10. 55:24, 56:11, 65:3, adopted 17:24, 20:11. agreement 61:7, 68:16, 68:1, 68:3. adverse 14:5, 20:18, 74:23. address 2:14, 15:15, 21:24. ahead 2:11, 10:3, 18:8, 21:16, 28:12, affect 76:9. 57:16, 61:13, 65:2, 28:17, 28:21, 33:14, agencies 6:23, 6:23, 65:9. 41:25, 53:9, 54:9, 7:4, 7:9, 19:2, 19:19, air 10:11, 48:14, 54:19, 61:24. 19:23, 21:4, 26:4, 55:10, 56:2, 58:1, addressed 8:2, 11:11, 56:14, 56:17. 58:15, 58:22, 60:24, 14:5, 14:6, 15:16, agency 3:19, 3:21, 68:2, 75:11, 76:12. 18:1, 18:13, 19:20, 3:24, 4:4, 7:3, 7:3, aired 54:21. 20:3, 20:19, 20:19, 7:8, 7:10, 7:16, 7:20, allegedly 23:1. 21:15, 21:25, 21:25, 8:5, 8:8, 13:12, 17:5, allow 17:4, 28:2, 30:3, 22:7, 22:13, 23:3, 17:16, 17:18, 18:2, 30:8, 31:6. 27:14, 28:10, 49:18, 18:12, 18:20, 19:16, allows 18:11. 51:2, 51:3, 66:9, 20:17, 56:16, alluded 36:24. 66:17, 67:4, 67:9, 59:25. almost 15:2, 51:23. 67:14, 68:11. agency's 59:18. already 13:11, 17:22, 48:17, addresses 61:22. agenda 74:22. 21:14, 22:15, 30:22, Page: 83 of 90 Concordance 85 30:23, 33:15, 36:5, anticipate 73:5. appropriate 11:22, 63:2. anticipated 73:10, 13:2, 13:7, 18:20, altered 24:8. 73:21. 19:21, 30:6, 34:10. amount 58:19. anybody 21:13, 21:18, approve 68:19. amounts 39:18. 27:23, 49:3, 55:2, approximate 46:6. analysis 10:17, 27:6, 75:2, 75:3, 75:9, Approximately 39:23, 35:21, 37:14, 38:13, 76:14. 45:25. 44:22, 59:2, 64:18, anyway 47:3. April 62:2, 62:9, 65:2, 65:3, 65:9, apologize 42:24. 63:25. 67:15. Appearances 2:9. april. 62:7, 62:8. analyze 39:14, 45:6, applicant's 11:19, area 34:19, 47:21, 50:5, 74:13. 56:16. 58:23, 59:11, 59:11, analyzed 49:19, 50:6, applicants 20:3, 62:4, 59:16, 63:13, 66:5, 50:11, 50:14, 50:14, 68:16, 72:6, 73:3. 66:7, 76:12, 76:13. 52:23, 52:24, 76:8. application 9:2, 56:3, areas 28:21, 32:2, animals 34:15, 35:10, 58:20. 36:12, 63:2, 64:6, 36:13, 67:21. apply 34:11, 54:6. 64:9, 64:11, 66:13, Ann 1:18, 1:33, 9:14, appraisers 64:22. 67:7, 71:14. 9:14, 10:3, 10:5, appreciate 8:14, argue 57:14. 11:16, 12:5, 12:13, 20:24. arise 22:1. 21:2, 28:18, 64:5, apprised 60:10. around 13:11, 30:21, 70:11. approach 18:25, 25:4, 32:22, 64:6, 64:20. Anne 30:2. 56:5, 56:10, 56:18, artifact 49:17. 63:16, 56:7, 35:4, answer 57:9. 56:22, 56:23, 57:21, ascertain 34:23. answers 27:24, 28:14. 59:8, 60:1, 69:14. ascertainable 5:23. Page: 87 of 90 Concordance 89 assuage 51:5. 61:14, 68:13, 71:8. 42:19, 70:16, 70:20, assuming 75:12. backwards 12:22, 71:12, 71:23, 72:1, asthma 76:9. 41:4. 74:16, 75:1. atmosphere 55:24, backyard 65:6. becomes 59:10. 57:13, 58:21. balance 4:21, 11:6. begin 29:21. atmospheric 10:13. balancing 5:16, 5:17. beginning 36:25. attachment 63:17. ballpark 39:16. behind 72:16. attempt 2:4. bam 43:11. believe 27:22, 30:6, attention 57:7. band 50:18. 60:24, 61:21, 61:22, Attorney 1:25, 1:39, Barbara 1:20, 28:3. 61:24, 62:4, 65:17, 11:19, 52:7. based 6:7, 13:19, 72:25. available 22:14, 25:18, 22:23, 44:24, 45:2, below 59:13. 66:10, 74:22. 45:11, 62:15, beneficial 23:17. averaging 44:16. 64:24. BENNIE 1:24. aware 50:24, 61:4, basic 31:3. best 45:4, 55:5, 55:7. 67:25, 73:23. Basically 10:24, 31:24, better 34:4, 34:5, away 47:5. 53:22, 62:5. 41:18, 51:25, . basis 2:21, 23:2, 24:25, 75:10. . 60:11, 72:6. beyond 50:19. < B >. Bat 23:23, 36:11. big 29:8, 29:13, 43:11, back 6:15, 14:23, BAVOSO 1:25, 8:20, 44:2, 44:9, 46:12, 20:14, 41:16, 41:23, 8:25, 14:8, 15:25, 46:24, 51:18, 68:6, 53:10, 54:4, 55:11, 25:13, 25:21, 26:8, 68:11. 57:4, 57:9, 57:12, 27:16, 28:16, 28:20, bigger 67:13. 59:22, 59:23, 60:22, 32:14, 32:16, 42:11, 3111 8:16, 11:19, 25:17, Page: 91 of 90 Concordance 93 67:22, 74:25. built 4:9, 44:25. 51:4. bio-monitoring 23:23. bulleted 31:25. CENTER 1:6, 44:17. biodiversity 32:5, bunch 17:22, 65:13. certain 4:25, 10:12, 34:13, 34:14, 35:6. buy 65:7. 13:13, 18:23, 30:3, biologist 75:11. . 43:19, 59:13, 59:14, bit 3:6, 6:15, 19:10, . 64:24, 66:13. 26:21, 29:22, 43:1, < C >. Certainly 10:11, 21:1, 43:2, 60:8, 72:15, C. 4:18, 5:10. 51:14, 51:23, 72:18. Cal 76:3. 75:17. bog 36:11. calculated 58:19. certainty 51:15. Bonacic 71:18. calendar 74:11. CERTIFIED 1:44, book 14:12. call 4:8, 16:18, 22:17, 76:17. books 44:6. 72:2. cetera 31:22. Bostock 1:43, 76:20. called 45:25. CHAIRPERSON 2:1, bottom 40:19. calling 11:25. 15:6, 28:6, 72:3. bounds 23:16. caption 2:9. CHAIRWOMAN 1:18, breath 58:12. care 58:9, 58:10. 2:10. breathing 58:13. careful 19:17, 51:6. challenge 18:16, 69:6. bright 7:6, 8:9. Carpenter 35:4. challenged 18:17. bring 54:3, 57:9, case 13:18, 14:22, chance 37:25. 57:23. 40:4, 48:3, 48:9. change 13:16, 22:1, brokers 64:23. cases 33:19. 36:5, 57:22. brought 2:18, 10:16, categories 32:4. changed 22:3, 31:23, 57:6, 66:20, 71:7. caught 48:5, 57:7. 35:7. buffers 32:21. Cemetary 50:1, 50:7, changes 11:14, 13:15, Page: 95 of 90 Concordance 97 22:2. 54:12. 52:3. character 68:7, 68:9. clerks 7:24. commitment 69:12. characterization 57:1. close 4:12, 6:7, 7:1, communication 73:1. characterize 55:21, 50:12, 60:3, 62:19. community 68:6, 56:6. close-up 43:15. 68:9. characterized 59:17. closed 70:9, 70:17. compared 58:2. characterizing 56:10. closes 7:6, 7:15. Competitive 1:35, Check 72:8. closing 6:2, 6:21, 13:1, 2:12. checkpoints 71:9. 70:13. complete 9:21, 9:23, chemicals 10:12, clue 62:15. 15:17, 18:6, 18:8, 75:15. Cogen 1:39, 2:19, 3:8, 30:8, 30:21, 37:8, chemistry 10:13. 3:9, 6:19, 9:1, 16:13, 37:8, 37:23, 38:24, circulate 19:2. 20:16, 71:18. 66:10, 66:16, 69:5, circulated 19:18. Cogen's 13:1. 69:19. circulating 20:9. coin 43:21, 54:11. completed 14:14, circumstances 13:17, colleague 2:19. 41:22. 22:2. color 14:13. completely 33:18, citing 64:14. comes 7:1, 14:24, 49:9. clarification 60:12. 53:22, 56:3, 58:14, completeness 30:2, clarify 9:3. 58:18, 76:4, 76:4. 38:17, 48:18, 67:5. clarity 47:25. comfortable 69:11, completing 22:11. clear 9:19, 10:21, 69:20, 69:21. completion 73:10. 14:11, 29:16, 54:4. coming 7:22, 46:17, complex 46:19. Clearly 5:3, 18:14, 60:3, 60:20, 76:13. complexes 36:18. 51:2, 51:3, 52:10, commented 26:13, compliance 17:3. Page: 99 of 90 Concordance 101 component 43:8. 43:11. consistency 67:14. compose 46:13. conducting 4:6. consolidated 37:2. composing 45:3. conduit 47:12. constantly 46:2. composition 45:13, confuse 19:23. constraint 4:10, 4:13. 45:14, 47:2. confused 51:9. constraints 4:8, 4:17, comprehensive confusing 21:3. 55:18. 67:15. confusion 7:4. constructed 47:12, compromise 19:9, connect 52:20. 47:14. 21:1. connected 35:22. consult 56:13. concentration 64:10. connections 35:18. Consultant 1:26, 1:28, concern 3:2, 35:1, cons 16:22, 17:2, 1:29, 1:30, 1:31, 35:9, 36:8, 36:9, 19:14. 1:32, 1:33, 56:16, 71:12. conservation 35:8, 59:19. concerned 30:1, 31:1, 35:11, 35:14, 35:20, consultants' 73:4. 58:11, 71:15. 36:8, 36:9. consultation 24:5. concerning 55:12. consider 5:14, 6:6, contact 71:21. concerns 10:22, 30:25, 6:17, 46:23, 54:25, contaminants 32:23. 33:2, 35:11, 61:19, 70:23. contemplated 3:11, 63:14, 64:17, 73:4. consideration 3:23, 3:18, 70:7. concert 59:24. 3:25, 16:13, 16:14, contend 73:8. conclusions 30:24, 18:10, 19:7, 21:7. context 6:16. 67:18. considered 7:18, 49:5, continue 16:7, 24:15, concur 63:11. 69:1. 28:1, 28:2. conditions 13:13, considering 20:15, continuing 28:13. 13:14, 30:17, 49:3, 50:10. control 8:8. Page: 103 of 90 Concordance 105 controls 8:9, 21:20. criteria 13:8, 13:20, days 3:15, 4:12, 4:12, conversation 48:24, 13:25, 14:3, 24:12. 4:16, 20:14, 49:16, 48:25. critical 27:3, 62:21, 68:18, 68:19, 70:1, Conversely 7:21. 65:14. 74:11. converting 36:16. curious 12:8, 39:17. deadline 9:24, 60:7, coordinating 10:7. Currently 14:14. 60:16. copied 14:12. cutting 56:19. deadlines 30:3. copy 9:4. . deal 9:8, 9:25, 14:21, correct 12:15, 74:14. . 64:23. corrected 55:4. < D >. dealing 34:18, 61:13, county 34:4. D. 44:23, 45:7. 65:5. couple 13:7, 43:7, damage 67:20. deals 65:19. 48:16, 51:9, 53:13. Dan 40:3. dealt 8:5, 9:9, 9:20, course 41:1, 41:6, DANIEL 1:22. 10:1. 64:12, 72:3. data 39:20, 41:10, DEC 18:3, 34:3, 35:11. Court 1:45, 7:16, 7:19. 41:12, 41:13. Dec's 8:17. cover 44:5, 44:6. date 7:6, 7:7, 7:21, dec. 14:15. CPV 1:6, 1:38. 71:7. decide 8:7, 9:10, 9:18, crack 26:1. dates 73:10. 12:1, 16:16, 17:10, cracks 8:1, 8:11. David 1:29, 27:7. 20:2, 22:18, 22:22, create 7:14. David's 65:13. 23:12, 25:10, 25:11, created 55:25. day 3:17, 3:22, 3:25, 27:16, 29:2, 57:19, creates 7:23, 8:2, 8:3. 20:12, 20:13, 70:20. creating 56:8. 49:25. decides 26:5. Creek 35:4. daylight 48:20. deciding 26:1, 29:25. Page: 107 of 90 Concordance 109 decision 3:25, 7:20, describing 54:17, dialogue 2:15, 26:24, 11:13, 13:17, 18:23, 68:9. 27:3, 27:8, 38:13, 21:21, 22:10, 22:25, description 35:5, 36:7, 38:14, 38:16, 41:20, 25:8, 58:1, 59:18, 36:17. 41:24, 42:3, 48:6, 69:15. design 34:4, 34:5, 54:7, 54:17, 54:21, decisions 7:16, 45:11. 36:12. 63:4, 63:5, 63:6, deemed 17:1, 19:12, desire 21:15. 63:11, 63:11, 63:12, 69:5. detail 31:6, 38:15, 67:6, 71:7, 71:10, deeper 58:12. 67:16, 68:11. 71:14, 71:15, 73:17, deferred 30:4, 38:18. detailed 37:6. 73:20, 73:22, 74:2. definable 5:21. details 37:12, 57:3. difference 53:8, 61:1. define 9:9, 44:22, 48:8, determination 23:4, differences 61:6. 59:19. different 9:13, 9:17, 26:8, 26:9, 39:21, defined 4:25, 7:1, 7:21, 59:18. 29:22, 31:14, 45:15, 35:12. determine 11:23, 45:18, 48:1, 51:16, defines 35:11. 16:11, 19:1, 19:5, 51:20, 51:21, 51:22, definitely 6:9, 70:3. 27:18. 51:24, 64:2, 76:11. delay 18:22, 56:8. determining 6:10, differently 46:14. demonstrates 18:14, 18:6, 18:21. difficult 31:19, 31:22, 22:5. develop 6:12, 17:18, 34:23, 37:2, 38:9. Department 52:2. 17:18, 55:19. digest 29:1. describe 30:16, 30:19. developed 59:21. diminished 49:10. described 16:13, developing 56:5. directions 18:18. 33:18, 34:20, 35:5, Development 1:38, Director 1:38. 36:6, 42:8, 68:10. 50:21. disagree 7:19, 13:4. Page: 111 of 90 Concordance 113 discharge 10:12. 37:15, 53:7, 61:23, 73:19. discharges 10:14. 61:24, 62:3, 62:6, downstream 32:19, disclaimer 29:13. 62:8, 62:9, 62:23, 33:2. disclose 43:9, 45:5. 63:8. dozen 32:12. disclosed 43:20, documented 64:1. Draft 3:12, 4:13, 51:16, 52:6, 52:10. documents 11:10. 14:16, 31:5, 74:11. discloses 48:18. doing 19:12, 25:14, drawn 30:24. disclosure 43:12. 28:1, 38:13, 48:9, DRISCOLL 15:20, discovered 13:16, 54:7, 55:5, 55:7, 25:16, 26:5, 53:17, 13:19, 22:1, 22:4. 68:21, 72:16. 70:18, 72:23, 75:12, discretion 7:11. DOMBAL 1:24, 41:9, 75:17. discussing 71:13. 58:23, 59:3, 59:9, dropped 50:7, 50:8, discussion 2:16, 9:11, 70:25, 75:20. 50:15. 36:25, 57:8. DONALD 1:21. During 11:9, 36:7, discussions 56:17. done 11:17, 14:15, 67:5. distance 49:10, 59:4. 14:15, 18:19, 30:15, . distances 59:1. 37:18, 38:2, 38:3, . distant 47:4. 38:3, 40:11, 40:12, < E >. distill 54:18. 40:20, 42:14, 42:18, EAF 14:15. distortion 46:11. 45:9, 50:4, 61:9, earlier 30:3, 38:16, disturbance 34:19. 68:4. 42:5, 54:18. disturbed 32:23. down 9:15, 12:6, 24:18, early 63:22, 67:4. divided 31:16, 31:17, 25:12, 27:19, 30:6, eastbound 46:22. 31:18. 53:23, 54:4, 54:18, eastern 47:14, 47:19, 13:23, document 17:4, 35:19, 58:14, 60:15, 72:13, 47:20, 53:15, Page: 115 of 90 Concordance 117 53:17. eliminating 8:10. entirely 34:21. easy 56:12, 56:21. emission 56:7, 57:2. entities 32:25. echoed 33:2, 35:1. emissions 55:23, entrance 46:9, 46:15, ecological 29:8, 58:4, 55:23, 59:12, 52:5. 72:21. 67:22. environmental 6:22, ecology 23:21, 31:13, emphasize 56:1. 11:24, 20:18, 21:24, 32:3. encompass 58:24. 22:6. economic 10:23, encourage 42:23. envisioning 69:13. 26:23, 61:6, 63:14, encouraged 19:20. error 8:2, 8:10, 55:3. 66:7. end 7:21, 15:2, 24:16, especially 31:12, economics 10:21. 31:14, 37:1, 60:3, 31:13, 32:20. edge 44:7, 53:15, 60:6, 61:8, 63:15, essentially 52:3, 60:1. 53:18, 56:19. 73:16, 73:21. establish 4:21, 68:15. educational 75:9. ending 37:20. established 55:20. effectively 33:14, ends 3:17, 8:6. estate 64:22, 64:23. 61:24. ENERGY 1:6, 40:24. estimate 44:14. effects 33:2. engage 54:17. et 31:22. efficient 7:24. engaged 73:20. evaluate 29:15, 37:3. either 8:12, 11:15, enough 22:9, 30:6, evaluation 29:24, 31:6, 64:22, 71:16. 49:14, 49:18, 60:17, 36:12. elaborate 26:20. 67:16, 67:17, evening 3:8. elements 21:1, 62:6. 75:25. eventually 28:13. elevation 50:13. entering 46:18. everybody 14:11, 58:6, eleven 14:18. entire 31:20, 46:25, 71:19, 73:11, 75:11, eligible 50:9. 47:5, 47:17, 52:9. 75:22. Page: 119 of 90 Concordance 121 everyone 2:1, 3:9, extremely 21:12, feel 12:20, 28:9, 5:24. 67:23. 38:25, 61:9, 64:13, everything 2:5, 31:16, . 68:25. 34:15, 34:16, 37:22, . feeling 63:9. 38:10, 44:23, 69:1. < F >. feet 44:16, 44:16. Exactly 32:16, 41:11. fact 11:18, 11:23. felt 24:18, 56:25, examine 14:1. fairly 62:11, 67:10. 63:24. example 27:11, 45:18, fall 32:4. fence 36:12. 49:4. familiar 2:20, 16:24. few 3:5, 3:10, 12:16, Excuse 54:23. far 6:8, 37:23, 39:3, 15:4, 24:7, 36:3, exercise 56:12, 60:1. 42:12, 47:4, 48:7, 36:24, 67:24. existing 30:17, 43:8, 49:2, 49:9, 57:4, field 45:1, 46:6, 47:6, 43:10, 49:15. 57:12, 66:12, 76:5. 64:5. expansion 19:16. far-off 43:22. fifteen 68:19. expect 66:1. fashion 21:16. figure 42:17. expectations 5:24. fast 41:7. file 14:23, 18:2. expecting 51:4. favor 9:24. filed 63:6. expert 10:11, 27:7. favorable 64:3. filing 4:16, 74:11. experts 6:14, 64:22. fax 73:2. Final 3:18, 3:23, 3:24, explain 59:20. fear 51:5. 4:3, 4:11, 4:14, 4:16, extend 46:8, 70:13. feasible 24:3. 14:19, 14:24, 18:22, extended 70:12. feature 35:5. 20:5, 21:10, 21:11, extensive 67:6. february. 63:7. 21:17, 21:20, 23:8, extent 43:19, 68:5. federal 56:17, 59:25. 23:9, 23:13. 31:10, extra 14:13. feedback 73:13. finality 4:23, 5:21. Page: 123 of 90 Concordance 125 find 42:7. 62:20, 62:25, 65:14, 57:13. finding 16:15, 22:24, 65:18, 66:6. formed 58:17. 23:2, 23:11, 30:22, five 35:14, 48:19, forms 58:21, 67:21. 41:22, 57:21, 49:11, 63:17. forth 6:15, 55:11, 57:22. FLEISCHAKER 1:27, 60:23, 61:14, 71:8. findings 3:24, 4:5, 55:9, 58:8, 58:10, forthcoming 29:19, 4:15, 17:17, 17:18, 58:18, 58:25, 59:5, 36:22, 74:4. 18:11, 19:7, 41:25, 59:10, 75:24. forward 2:23, 2:24, 45:17. flesh 61:12. 41:7, 41:7, 41:10, Fine 13:5, 27:2, 47:4, float 50:23. 41:13, 60:8, 60:11, 55:13, 55:21, 55:25, flows 44:23. 60:18, 61:7, 68:15, 56:11, 58:8, 59:12, focus 43:4, 44:4, 69:18, 71:6, 71:11. 64:19, 70:15, 71:21. found 63:17, 63:22. 74:22. focusing 45:16. four 22:18, 28:17, finish 28:8, 30:7, foggy 49:15. 29:21, 29:21, 31:14, 74:12. fold 44:9. 31:16, 31:17, 34:24, finished 5:22. folks 9:23, 59:24, 69:4, 48:20. First 12:16, 12:23, 69:11. four. 31:15. 30:1, 30:16, 32:7, follow 13:23, 14:23, fourth 21:19, 31:8. 32:10, 39:5, 41:14, 19:14, 37:2, 52:21. fragmented 37:1. 45:7, 48:8, 66:15, followed 13:23, 34:6. frame 5:23, 55:6, 74:1, 74:22. following 13:20. 60:14, 61:8, 61:12, first. 44:4. force 4:19. 69:23, 70:2, 72:15. fiscal 10:23, 26:22, formal 4:1, 50:25. framed 68:14. 57:4, 62:13, 62:16, 62:18, formation 24:1, 55:13, frames 4:18, 4:20, Page: 127 of 90 Concordance 129 5:13, 69:19. 42:21, 57:5, 64:5, ground 46:18, 52:19. frankly 5:10, 18:17, 64:25, 68:7. growing 36:7. 23:17, 24:2, 42:7, germane 64:19. guess 6:16, 9:13, 12:7, 54:22. gets 5:22, 6:15, 19:18, 27:17, 38:4, 53:19. front 38:10, 65:6. 25:11. guessing 62:19. fully 9:9, 11:1, 55:18, getting 27:2, 29:24, guideline 19:15. 60:10, 61:3, 69:1. 39:11, 46:16, 60:21, guys 55:7, 61:10. fundamental 21:9. 68:22. . future 18:16, 51:12. giant 49:1. . . give 3:6, 14:4, 17:10, < H >. . 41:14, 41:15, 46:4, habitat 35:5, 36:10, < G >. 59:1, 73:11, 76:12. 36:18, 36:19. gaps 26:22. given 2:9. habitats 34:15, 34:16, GASKILL 1:29, 61:18, gives 63:1. 35:16, 35:17, 35:21, 65:22. giving 41:20. 35:22, 36:6. Gates 64:8. Glen 57:8. half 5:7, 64:6, 75:15. gather 31:2, 31:19. Google 47:22. Hall 1:13. gave 42:2, 67:6. gosh 40:17. hand 15:23, 23:1. general 29:21, 32:17, Goshen 33:1, 35:2. handed 62:5. 59:11, 59:15, 60:4, grain 44:15. handle 12:3, 12:4, 61:10. grass 50:19. 28:22, 28:23, 29:3. generate 73:5. great 35:19, 54:1. handled 12:9, 12:10, generated 73:23, greatest 35:14, 35:20. 12:14. 73:24. green 50:18. handout 14:9. George 1:30, 10:16, Grieve 49:5. handouts 13:10. Page: 131 of 90 Concordance 133 happen 44:14, 49:16, help 68:3, 69:7. hybrid 18:25. 68:17, 71:10. helped 67:7. hydroperiod 33:10. happened 50:2. helpful 21:13, 73:7, . happening 30:23, 75:14. . 51:12, 70:16. helps 5:19, 7:2, 7:3, < I >. happens 10:13, 20:11, 42:5, 54:22. I-84 45:19, 45:20, 55:23, 72:17. high 50:12, 50:22, 46:16, 52:5. happy 5:25, 74:18. 64:10, 67:23. idea 10:7, 22:14, hard 18:15. highest 50:16. 59:3, 62:15, 73:9. head 59:4. Hill 50:1, 50:7, 51:4. ideas 27:10. health 33:13, 67:20, HINES 1:26. identified 28:18, 29:6, 75:6. hired 6:14. 35:12, 64:12. 38:21, hear 11:22, 12:19, 16:5, historic 50:9. identify 54:24. 28:24. hope 8:12, 61:25. identifying 10:25. heard 8:21, 10:21, hopefully 2:13, 2:20, ignored 17:14. 28:6, 28:7, 36:5, 9:11. image 44:5, 47:22. 42:12, 60:4, 73:4, hoping 2:17. Impact 6:22, 22:6, 74:1, 74:6. Horizon 64:12. 23:3, 30:19, 36:16, hearing 3:13, 4:12, Horizons 46:19. 43:23, 43:25, 49:7, 14:17, 18:7, 25:17, hour 60:15, 75:15. 49:7, 55:21, 56:6, 68:24, 69:25, hours 48:20. 56:6, 57:2, 57:25, 72:11. house 65:7. 59:6, 59:16, 62:13, heart 25:5. housing 64:10, 64:11. 62:16, 62:18, 62:20, height 10:17, 10:18. huge 39:18. 62:25, 63:14, 63:18, held 8:18, 34:3. hundred 48:19, 49:11. 64:18, 65:3, 65:15, Page: 135 of 90 Concordance 137 65:18. includes 34:14, 34:15. intended 4:1, 4:24, impacted 35:23. including 63:18, 4:25, 8:20. impacting 59:15. 64:12. intent 14:23, 18:3. impervious 33:11. incomplete 29:14, interconnect 47:10. implications 9:12, 29:14, 30:24, 35:6, interconnections 9:17, 64:8, 75:6. 37:7, 40:5, 40:5. 34:16. importance 13:20, incompleteness interested 4:2, 19:23, 60:6. 10:23. 21:4, 75:19. important 14:3, 14:6, inconsistent 34:22. interject 17:16. 27:5, 27:7, 33:3, incorporate 17:17, interrupt 14:2. 33:21, 42:3, 43:12, 19:4. introduction 75:25. 57:20, 60:8, 66:20. incorporated 11:7, invasive 36:14. importantly 60:24. 24:23, 25:11, inventory 44:25. impression 46:4. 56:12. involved 6:25, 19:23, in-stream 36:10. incorrect 45:11. 21:3, 49:10, 56:16. in. 41:12. Indiana 23:23. involvement 34:8. inadequate 31:5, indicated 64:17, 74:3, issue 6:20, 10:11, 34:17. 74:7. 11:20, 13:5, 27:10, inadequately 14:5, indirect 32:20. 29:8, 43:5, 50:23, 18:13, 20:19, 21:25, ing 74:4. 51:7, 55:10, 57:12, 22:13, 32:7, 32:18, initial 30:25. 59:10, 64:23, 65:10, 61:22. input 5:18, 6:13. 65:16, 65:25, 66:1, INC. 1:35. instead 25:10. 67:19, 68:6, 68:14. include 63:21. insufficient 32:21. items 28:17. included 16:10. intend 63:10. iterations 60:23. Page: 139 of 90 Concordance 141 iterative 41:24. Karen 1:32, 10:14, known 55:13. . 29:8, 37:11, 38:7. knows 2:2, 63:3. . Karen's 48:1, 48:2, kv 53:5. < J >. 74:4. . J. 1:26. keel 41:6. . JANES 1:30, 10:18, keep 2:5, 4:18, 4:19, < L >. 42:22, 52:21, 53:2, 5:12, 7:22, 23:6, lack 64:25. 53:12, 53:19, 53:24, 41:6, 55:2. laid 13:15. 54:1, 54:9. keeps 23:16, 31:1, lane 45:19, 46:22. job 59:19, 61:9. 49:13. language 48:23, 51:6, JOHN 1:19. kept 41:1. 55:12, 55:15, 55:15, JOHNSON 1:33, 12:15, key 62:5, 62:6. 56:13, 57:17, 62:8, 12:25, 14:9, 15:11, kid 76:8, 76:9. 62:11. 15:19, 15:23, 16:2, kilovolt 47:13, 47:16, large 48:14, 48:21. 16:21, 17:12, 17:15, 47:18, 47:23. last 2:14, 3:1, 6:3, 17:20, 20:7, 20:10, kind 5:16, 5:23, 9:15, 55:9, 61:15, 63:7, 20:21, 29:7, 38:6, 12:5, 12:6, 15:1, 72:19. 42:7, 66:19, 67:12, 33:8, 38:12, 38:20, lastly 13:22, 68:6. 70:15, 72:17, 74:3. 39:4, 39:9, 40:15, late 7:15, 62:2, 62:7. joint 55:14. 41:3, 51:6, 61:12, later 4:11, 8:11, 23:1, judgment 22:12, 22:16, 68:24, 73:16, 33:8, 33:9. 24:11, 24:13. 74:25. laundry 40:6. . kinds 54:21. lay 16:3. . Kirby 64:8. layman's 62:8. 50:1, knowledge 63:6. layout 62:23. Page: 143 of 90 Concordance 145 lead 3:19, 3:21, 3:23, light 5:15, 5:15, 34:8, 43:23, 43:23, 43:25, 4:4, 7:2, 7:3, 7:8, 68:3, 70:24. 64:4, 72:15, 72:18, 7:9, 7:10, 7:16, 7:20, limbo 69:24. 73:2, 75:8, 75:15. 8:4, 8:8, 10:6, 13:12, lime 42:15. live 76:8. 18:2, 18:20, 20:16, limitation 42:15, LLP 1:40. 56:15, 59:18. 59:20. local 6:23, 65:9. least 8:8, 13:8, 21:5, limited 20:17. location 36:13. 31:8, 42:12, 51:9, limits 17:2. locations 64:20, 64:24, 51:15, 51:24, 52:11, line 7:6, 8:9, 38:19, 65:10. 69:17, 72:19, 73:1, 38:20, 39:4, 39:6, LONG 1:22, 37:11, 74:20. 39:9, 39:12, 40:3, 37:24, 38:11, 39:2, leave 12:1, 25:19. 40:19, 52:18, 69:9, 39:8, 39:12, 39:16, left 50:21, 72:20. 69:11. 60:22, 61:14, 71:5, legal 7:14, 7:23, 8:2, lines 47:11, 63:19, 72:8, 74:20. 8:10, 15:21, 18:16, 65:1. longer 20:13, 37:19, 25:16, 25:19, 25:20, list 28:12, 36:3, 40:6, 41:21, 41:23, 42:1, 52:7. 40:14, 40:15, 73:5. 42:4, 62:6, 62:23. legalities 11:20. listed 50:8. look 2:22, 6:5, 16:11, legally 26:7. lists 35:15, 35:19, 16:15, 16:16, 17:6, length 4:9, 29:12. 35:20. 18:15, 26:6, 44:10, less 31:25. literature 63:18, 63:20, 44:11, 47:21, letter 47:7, 73:2. 64:14. 70:25. letting 72:11. little 19:10, 26:20, looked 26:13, 32:5, level 17:4, 34:7, 29:22, 31:25, 32:12, 46:7. 58:14. 42:4, 43:1, 43:1, looking 5:12, 6:10, Page: 147 of 90 Concordance 149 23:22, 23:24, 23:25, mapped 35:5. maximum 68:5. 37:13, 37:14, 39:9, mapping 44:24, MCDONALD 1:32, 47:4, 50:16, 62:16, 45:10. 29:10, 29:20, 32:15, 63:3. maps 34:20, 34:22, 32:17, 37:16, 38:16, looks 45:15, 47:23. 58:25. 39:5, 39:10, 39:15, lost 35:23. March 72:15. 39:18, 39:23, 41:17, lot 2:15, 6:3, 12:11, Marcy 52:18, 52:20. 53:1, 73:12. 12:12, 16:3, 26:21, MARKIEWICZ 1:23, meadows 36:6. 29:4, 33:22, 48:23, 15:5, 15:7, 15:12, mean 7:8, 7:10, 8:22, 57:3, 57:4, 63:4, 19:24, 27:13, 11:8, 12:4, 12:12, 64:1, 65:4, 75:13, 52:12. 20:16, 26:11, 27:5, 76:4. Mary 1:23, 1:33, 9:14, 30:17, 35:9, 35:10, lovely 50:10. 9:14, 10:3, 10:5, 35:10, 35:24, 40:17, lungs 58:12. 11:16, 12:5, 12:13, 45:24, 47:20, 51:5, . 21:2, 28:18, 64:5, 66:9, 75:5, 75:8, . 70:10. 75:12, 76:8. < M >. material 6:14, 40:1, meaning 48:5, 52:24. MADAM 2:1. 49:14, 65:13. means 7:13, 29:25. magnitude 39:3. materially 51:20, measures 68:1. main 63:2. 51:21, 51:22, meet 69:7, 72:23, mainly 12:17. 51:24. 74:18. major 34:18, 67:1. matrix 25:4. meeting 3:1, 9:5, 27:3, management 34:1. matter 12:24, 26:18, 40:9, 54:23, 55:1, map 14:12, 45:8, 55:13, 55:22, 55:25, 55:10, 69:6, 72:19, 45:11. 56:11, 58:8, 59:12. 72:20, 74:19. Page: 151 of 90 Concordance 153 meetings 69:8, 71:22, MILLER 1:31, 10:22, 35:24, 36:23, 36:25, 72:24. 26:20, 63:13. 68:1, 68:3. meets 24:12. mind 9:13. mitigations 30:24. mega 49:15. mine 2:19, 36:15, mix 15:22. mega-plumes 49:1. 73:12. mode 73:15. members 4:2, 6:20, minimized 46:21, model 44:23, 45:8. 60:10, 61:3. 68:4. moisture 75:13. memo 74:3. minimum 3:14, 3:22, moment 48:13. memos 10:24. 5:7, 5:8, 5:13, 18:23, moments 3:5. mention 47:16, 47:18. 20:12. month 50:1, 72:24, mentioned 30:3, 30:11, minor 49:7. 74:20. 33:7, 40:16. minute 14:21, 16:1. months 69:10. mentioning 4:17, minutes 13:8. mostly 50:21. 4:20. misleading 35:6. move 2:22, 23:12, 41:7, met 2:15, 18:24, 30:3, missing 10:18, 30:10, 41:10, 41:13, 42:23, 67:5. 32:8, 33:5, 34:21, 65:2, 68:15, 69:17, meters 48:19, 48:19, 35:25, 36:1, 36:21, 71:10, 74:13. 48:22, 49:11, 49:12, 36:24, 38:15, 41:19, movement 72:25. 49:12. 44:11, 46:5, 46:10, moving 31:1, 41:6, methodology 63:25. 48:2, 51:7. 72:7. Middletown 1:46, mistake 48:3, 48:3, municipal 25:6. 43:24, 76:8. 48:4, 48:4, 48:8. myself 66:22. midstream 11:18. mitigation 30:9, 30:14, . mile 64:6, 64:6. 30:20, 31:7, 32:9, . miles 47:5. 33:13, 33:20, 33:21, < N >. Page: 155 of 90 Concordance 157 names 2:4. New 1:2, 1:14. NY 1:46. narrow 27:19. newly 13:16, 13:19, . narrowed 12:6. 22:1, 22:4. . narrowing 9:15. next 57:24, 64:13, < O >. nature 67:10. 69:9. obligated 70:23. nauseum 56:9. nighttime 43:16. observations 33:9. near 47:6. Nixon 1:40, 2:19, 3:9. obviously 58:13. necessarily 15:9, 17:7, No. 53:25. off-site 47:11. 34:10, 56:19. non-attainment office 10:10, 42:2. necessary 17:1, 19:5, 59:11. Official 76:21. 19:11, 19:13, 56:25, non-specific 37:1. Ohio 76:4. 63:1. Nor 55:3. Okay 2:10, 13:25, 14:9, needed 16:17, 18:19, normal 11:7, 11:8. 14:25, 15:12, 17:8, 18:21, 19:6, 20:3, normally 9:20, 11:4. 18:1, 28:22, 29:9, 23:13, 30:12, 38:24, notably 33:1. 29:24, 30:4, 35:13, 54:25. noted 2:9, 47:8. 35:21, 41:18, 54:5, needs 11:10, 11:12, notes 2:7. 56:7, 56:18, 57:2, 26:13, 35:7, 37:2, nothing 22:19, 71:4. 59:15, 67:1, 68:17, 42:18, 47:25, 59:16, notice 14:23, 18:2, 75:22, 75:23, 75:23, 64:21. 44:5. 76:14, 76:16. negligible 57:25, notwithstanding on-going 17:22. 59:23. 33:16. on-site 47:10. negotiated 65:17. number 59:13, 59:20, Once 3:12, 4:14, 18:8, NEIGER 1:19. 59:23, 59:24. 25:7, 39:8, 39:18, Neil 1:43, 76:20. numbers 59:21. 39:20, 49:19, 55:23, Page: 159 of 90 Concordance 161 74:20. 18:4, 18:7. 61:11, 75:4. one-way 12:24. options 9:12, 9:13, overground 54:12. one. 4:24. 9:15, 9:17, 12:7, overhead 47:10, ones 11:3, 35:11, 14:20, 16:4, 20:16, 54:13. 44:10, 44:10, 47:4, 21:8, 29:4. overlay 14:6. 54:5, 66:20, 73:25. oral 66:5. own 7:10, 7:11, 9:22. open 8:2. order 30:12, 30:15, . open-ended 4:24, 30:18, 36:20, 44:21, . 5:22. 62:24, 68:21. < P >. operations 44:21. orderly 4:22, 9:11. P. 1:27, 4:18, 5:10. opinion 9:19, 9:21, ordinary 19:8. p.m. 1:11. 9:22, 26:11, 61:2, original 49:24, 63:22. page 62:3, 62:5, 62:22, 61:6. originally 70:6. 63:15, 63:16. opinions 11:12. Others 30:12, 56:19. pages 31:25, 31:25, opportunities 5:17. otherwise 40:6, 55:13. 63:17. opportunity 2:14, 2:18, ourselves 42:7. panorama 46:24. 6:12, 8:15, 17:5, outline 2:21, 37:5. panoramas 46:11, 17:6, 26:3, 26:14, outlined 24:5. 46:12. 67:4. outlines 18:1. panoramic 46:1. opposed 51:12. outstanding 10:10, paper 37:6, 37:7, 66:3. Option 16:7, 17:19, 11:1, 11:21, 12:19, paperwork 8:23, 17:20, 18:25, 19:24, 14:22, 16:6, 16:10, 12:11. 20:25, 21:6, 21:19, 23:20, 28:25, 30:7, Paramount 43:24. 22:18, 23:18. 67:2. parcel 47:15. optional 3:13, 5:5, overall 29:21, 33:13, PARSONS 1:20, 8:16, Page: 163 of 90 Concordance 165 8:22, 10:4, 12:8, parts 31:15, 31:16, personally 31:9, 12:16, 15:13, 17:9, 31:17, 35:22. 75:20. 17:13, 20:8, 24:14, pass 13:11. perspective 26:21, 27:20, 28:5, 28:8, Pat 7:25, 9:14, 10:5, 29:23, 29:23, 40:4, 40:20, 40:25, 10:6, 67:1. 29:24. 41:5, 41:11, 53:3, path 5:21, 16:7, 25:10, phase 33:25, 36:10. 66:8, 66:14, 66:21, 25:12. phone 71:16. 69:24, 70:10, 72:4, PATRICK 1:26. photo 45:5, 45:13, 74:24, 76:2, 76:10. payments 65:20. 45:14, 45:14, 46:1, part 4:7, 23:11, 33:17, PDEIS 50:2. 46:14, 47:1. 33:18, 33:25, 43:12, Peabody 1:40, 2:19, photo-stimulation 45:20, 53:8, 54:2, 3:9. 45:2. 54:25, 55:17, 56:2, penetrating 58:12. photograph 45:3, 57:10, 57:18, 58:15, people 2:6, 2:7, 16:24, 45:4. 58:19, 58:20, 58:21, 16:24, 51:24, 68:25, pick 71:16. 58:22, 62:22. 73:7, 75:5, 76:1. picking 40:23. participated 34:3. people's 47:8. picture 65:23. participation 4:7, 4:22, percent 48:20. pictures 45:3, 46:3. 5:4, 5:18. perhaps 15:8, 68:1, pieces 34:24, 36:24, particles 58:11. 69:14. 40:23. particular 31:21, 34:2. perimeter 36:12. Pilot 65:16, 65:20, particularly 58:4. periods 4:25, 5:1. 65:22, 65:24. particulate 55:13, permit 9:1, 56:3, Pine 50:1, 50:7, 51:3, 55:22, 55:25, 56:11, 58:20. 76:3. 58:8, 59:12. person's 58:12. placed 33:22. Page: 167 of 90 Concordance places 50:4, 53:13. 48:18, 48:21, 49:2, 169 pollutants 75:7. plan 33:25, 67:8, 67:15, 49:4, 49:9, 49:11, pollution 33:24. 67:17, 68:9, 68:20, 49:15, 51:4, 75:12, pool 10:15, 23:22, 68:24. 76:2. 36:5. planner 52:8. PM 23:25, 55:14, 56:6, portable 42:25. Planning 1:1, 1:16, 58:7, 75:6. portion 30:2, 47:14, 16:10, 16:25, 19:12, point 2:10, 11:25, 47:19, 47:20, 19:17, 20:2, 20:11, 22:22, 23:9, 23:13, 50:20. 22:21, 23:7, 25:3, 24:10, 24:11, 24:15, Portions 29:16, 34:21. 37:21, 50:3, 50:13, 25:1, 26:10, 28:2, pos 14:15, 18:3. 50:24, 60:9, 61:3, 30:5, 33:22, 33:22, position 13:3, 19:9. 65:18, 69:8. 38:21, 38:22, 38:25, possibly 40:7, 54:25. plans 44:9, 51:18, 41:8, 44:19, 50:15, post-construction 51:18. 52:13, 54:9, 57:8, 33:11. plant 36:7, 36:8, 45:16, 59:15, 60:16, 61:1, potential 19:23, 36:11, 45:21, 45:22, 46:8, 62:12, 62:16, 64:4, 64:7, 65:18. 46:20, 46:21, 48:10, 74:9. Power 1:35, 2:13, 50:16, 50:17, 52:14, point. 44:1, 48:6, 59:6. 63:18, 64:7. 64:7. pointed 20:16, 21:2, practicable 68:5. plants 32:3, 34:15, 64:25. practical 56:10, 56:21, 35:9, 36:9, 36:9, points 6:1, 29:21, 57:15. 63:18, 63:24. 34:10, 34:17, 62:6, pre- 33:10. Plume 10:17, 10:17, 72:8. preclude 16:25, 10:18, 57:5, 58:25. pole 52:15. 19:12. plumes 43:18, 48:14, poles 44:16, 53:22. precursors 10:12. Page: 171 of 90 Concordance 173 preempt 18:16. 63:7, 67:25. propose 27:11, 64:21. premature 21:12, problem 26:7, 27:23, Proposed 13:15, 19:3, 65:8. 34:18, 39:24, 48:1, 20:9, 20:25, 44:8, preparation 13:18, 48:2, 71:17. 47:24, 51:13, 14:19, 17:21, 18:4. problems 62:12. 54:12. prepare 16:15, 19:11, procedural 29:23. proposing 48:11. 24:9. procedurally 71:6. pros 16:22, 16:22, prepared 3:18, 19:1, procedure 11:8, 14:24, 18:11. 19:25, 26:19, 27:25, 55:16, 55:17, 55:19, protocol 23:25. 29:13. 55:20, 56:2. provide 4:3, 4:15, preparing 22:23. procedures 13:23. 27:4, 30:7, 30:13. prescribed 6:9. proceed 9:10, 16:8, provided 2:2, 31:24, PRESENT 1:17, 13:21, 16:12, 19:6. 35:25, 63:23, 65:15, 14:20, 53:10. proceedings 76:18. 67:8. presentation 42:25. produced 29:10. provides 19:9. presented 31:4, 31:10, project's 47:14. providing 33:8, 39:6, 31:14, 32:6, 32:18, projects 34:7, 67:24. 41:19. 34:5, 34:20. prolonged 5:2. provision 60:12, preserves 7:10. promised 33:6, 36:2. 67:19. pretty 55:6, 67:20. proper 57:1. proximity 65:5. prevention 33:24. properly 49:19, 51:16. published 45:21. principles 34:6. property 27:10, 53:16, pull 32:6. probably 32:22, 39:10, 63:15, 63:19, 64:8, pulled 47:22. 39:15, 46:10, 46:20, 64:17, 64:23, 65:4, purpose 35:7, 35:13. 27:1, 46:22, 51:4, 63:1, 67:21. push 57:16. Page: 175 of 90 Concordance 177 pushing 10:2. 72:18. realized 49:25, 52:3. put 20:12, 20:13, quite 6:15, 18:17, really 5:24, 8:4, 39:19, 57:17, 62:2, 36:24, 42:7, 50:10, 14:21, 32:24, 37:3, 62:10, 66:16, 60:7. 42:2, 42:8, 43:6, 74:21. . 46:12, 49:22, 50:10, . . 50:21, 52:6, 52:10, . < R >. 54:22, 56:18, 56:24, < Q >. ramp 46:9, 46:15, 60:9, 65:4, 68:14, quality 31:22, 32:19, 52:5. 70:23, 71:10. 32:24, 48:15, 48:17, range 63:20. reason 4:20, 7:1, 7:3, 58:15, 58:22, 68:2, rather 31:10, 40:14, 7:23, 7:25, 9:22, 75:8, 76:12. 42:5. 28:1, 28:16, 29:14, question 8:17, 11:3, Re 1:4. 38:7. 12:3, 13:6, 15:5, reach 67:17. reasonable 5:23, 7:19, 15:13, 17:9, 19:9, reached 67:18. 56:10, 56:18. 25:17, 26:12, 37:12, react 27:4. reasoned 11:13. 42:19, 52:12, 57:6, reaction 63:9. receive 66:23. 68:14. read 38:1, 39:13, 47:8, received 7:7, 22:15, questions 9:16, 72:1, 51:8, 64:16, 64:16, 63:8, 66:15. 75:21. 66:4. recognize 69:5. quick 37:5, 37:12, reading 29:25. recognized 57:15, 72:9. ready 2:1, 24:22, 60:6. quicker 39:10. 28:12. recommendation quickly 49:22. real 64:22, 64:22. 65:12. 10:22, quiet 72:10, 72:15, realize 47:7, 60:3. recommended 57:1. Page: 179 of 90 Concordance 181 recommending 34:6. 38:7, 67:21. request 10:2, 38:18, record 7:4, 7:5, 7:9, relates 68:7, 68:8. 71:22. 7:12, 7:17, 8:8, 8:9, relative 59:18, 61:8. requested 26:18, 18:14, 49:24, relatively 29:11, 49:7, 42:12, 43:17. 65:21. 58:2. requesting 25:15, regard 32:18, 44:1, relevance 13:20. 35:8. 71:13. reluctantly 61:20. require 4:11, 5:15, regarding 10:15, remainder 5:14. 13:12, 13:18, 17:20, 11:21, 16:5, 33:9, remains 8:1. 20:17, 28:22, 36:19, 34:1, 34:4, 36:14, Remember 24:19, 50:11. 38:17, 49:3. 40:16, 76:3, 76:13. required 3:12, 3:14, regardless 60:18. REMILLARD 1:37, 3:16, 3:21, 4:5, region 59:16. 2:12, 2:12, 53:25. 21:23, 31:3, 33:25. regular 23:15, 72:5. remiss 71:3. requirement 5:9, regulates 56:3. removed 45:10. 18:15. regulation 21:22, render 24:13. requirements 18:24. 22:25, 23:16. reopen 71:3. requires 22:19, 22:25, regulations 3:11, 3:15, report 72:25. 59:14. 3:22, 4:6, 4:10, 4:14, Reporter 1:44, 76:21. requiring 17:1. 5:9, 5:15, 5:17, 14:7, reports 60:20, 60:21, research 56:8. 34:1, 42:9. 60:22, 61:14, 72:22, residential 64:6, regulatory 19:15, 74:16. 64:11. 56:14, 59:25. represent 19:16. resolution 74:25. reiterate 69:12. REPRESENTATIVES resolve 12:21. 64:10, related 13:17, 33:20, 1:36. resolved 61:2. Page: 183 of 90 Concordance 185 resource 31:21, 50:8. 48:16. routine 11:8. resources 32:3, 32:11, reviewer 38:22. RPR-CM 1:43. 34:25, 37:4, 43:9, reviewers 44:11. run 12:5. 43:15, 44:25, 49:8. reviewing 41:21. rush 60:5, 61:9. respectfully 22:3. revised 35:7. rushed 30:2, 38:20, respond 22:21, 23:7, revisited 31:12. 38:22, 55:6. 25:3, 25:4, 73:15. reworked 37:3. . responded 16:9, rewritten 31:12. . 32:25. Rich 1:39, 2:19, 2:20, < S >. responders 35:2. 3:2, 3:5, 3:9, 6:11, salt 44:15. response 17:7, 25:5, 24:9, 71:18. sat 61:4, 61:5. 27:1, 27:6, 27:9, riparian 35:4. saw 64:7, 67:13. 27:9, 54:7, 63:9, rise 14:4. saying 7:17, 19:25, 73:14. rises 14:22, 26:10. 20:6, 24:17, 25:21, responses 22:15. risk 7:23, 8:3, 8:10, 27:21, 27:25, 38:14, responsibility 25:20, 8:12. 41:5, 41:12, 41:22, 70:25. risks 7:14. 52:22, 58:16, 66:14, rest 31:2, 74:23, Road 14:11, 24:18, 66:17, 73:2. 75:18. 49:5, 64:8, 64:9. says 19:18, 21:2, 38:2, restriction 59:14. Ron 1:31, 62:4, 66:4. 53:14, 57:10, result 36:15, 55:22. room 21:8. 67:20. results 69:20, 69:21, roosting 36:11. SBL# 1:8. 75:21, 75:21. roughly 5:7. scale 49:2, 49:9. reviewed 25:6, 31:9, round 2:3. scattered 64:9. 32:2, 32:7, 34:7, Route 43:10. schedule 69:6. Page: 187 of 90 Concordance 189 scheduling 73:8. 53:14, 62:9, 62:9, serve 23:2. scientist 75:11. 62:9, 62:10, 68:10. serves 5:19, 21:18. scope 31:5, 37:13. sections 31:8, 31:11, SESSION 1:7, 75:15. scoped 39:3. 38:2, 38:8, 48:16, set 41:21, 56:1. scoping 5:4, 11:5, 48:17. sets 29:10, 71:13. 14:16, 17:3, 18:3, seeing 26:15, 68:22. setting 23:25. 61:22, 61:24. seem 26:17. seven 62:3. scores 7:16. seems 12:12, 26:19, several 36:19, 69:10. Scott 71:17. 40:13. Shall 20:19. scrambling 31:2. seen 11:17, 11:18, shed 44:24, 45:8, screen 42:24, 42:25, 20:1, 21:8, 37:15, 45:10, 45:11, 68:3. 49:13. 39:3, 61:23, 66:22. shift 15:20. searched 47:17. segments 31:10. short 29:12, 54:5. season 36:8. SEIS 26:11. shortcomings 64:17. seasonal 38:12. select 45:1. Shorthand 1:44. Second 32:8, 33:5, sense 54:20, 60:4. shot 46:2. 45:14, 49:20. sensitive 3:2. shoulder 45:20. second. 44:20. separation 15:22. shouldn't 18:19, 40:18, secondary 23:25, SEQR 2:15, 2:20, 3:3, 40:20, 40:22. 55:12, 57:13. 3:6, 3:14, 3:24, 4:5, show 45:23, 49:4, secret 55:2. 4:15, 4:21, 14:11, 59:1. secretaries 7:24. 14:12, 15:2, 18:15, showed 64:1, 64:3. Section 31:14, 33:13, 21:9, 27:7, 42:9, shown 44:8, 51:17, 36:23, 42:22, 47:9, 69:22, 71:3. 51:17. 58: 48:15, 48:17, 53:14, serious 48:7, 51: 7. side 43:21, 55:10, Page: 191 of 90 Concordance 193 58:4, 61:6, 72:2. site 30:18, 30:19, 33:9, Sort 2:21, 4:9, 6:7, sides 50:21, 54:10. 33:12, 34:2, 34:4, 12:22, 14:10, 14:11, SIEGEL 1:21, 29:18, 34:5, 34:22, 34:25, 14:18, 40:3, 54:17, 39:20, 40:2. 35:9, 35:15, 35:16, 64:21, 65:10, 67:12, significance 26:10, 37:4, 50:9, 50:12, 68:4, 72:11. 45:17, 57:16. 50:13, 51:17, 51:18, sorts 67:22. significant 12:20, 14:5, 52:17, 53:24, 67:8, sound 28:12. 20:18, 21:24, 22:5, 68:20, 68:24. sounds 25:13, 74:22. 23:3, 26:13, 30:13, sitting 43:11, 50:15, sources 32:20. 33:15, 43:14, 54:6, 52:6. South 52:18, 52:20. 57:22, 59:6, 59:23, size 42:24, 49:13. SP3 44:9. 70:22, 71:2. sketched 44:13. SP4 44:9. similar 52:19. skip 42:25, 43:4, 51:1. speaking 2:7, 71:17. simple 22:17, 23:5, slightly 18:22. speaks 10:5, 71:19. 58:2, 62:11. slip 8:11. special 43:5. simpler 21:6, 23:15. slips 8:1. species 35:8, 35:14, simply 62:10. slow 30:6. 35:18, 35:20, 36:8, simulate 46:10. slowly 41:12. 36:14, 36:19. simulated 43:18. small 36:13, 58:11. Specific 14:4, 20:18, simulation 51:17. social 66:6. 21:24, 23:2, 27:10, simulations 24:8, soils 32:23. 32:13, 36:14, 65:9. 43:16, 43:22, 45:5, Somebody 26:5, 47:8. specifically 34:4, 48:22, 49:3, 50:4. someone 65:7. 35:12, 64:20. single 6:24. somewhere 47:20. specifics 32:1. sit 72:13. sorry 14:2. speed 76:1. Page: 195 of 90 Concordance 197 speedy 37:5. statement 16:15, storm 33:24, 34:1. spending 40:24. 18:11, 19:7, 19:19. straight 2:5, 19:15, spirit 20:24. statements 6:22. 41:1. spot 45:25. states 47:9, 49:6. straightforward spreads 58:14. stating 9:22. 62:11. stacks 10:13, 49:8. status 74:16. strange 42:8. stage 21:12, 42:20, statute 3:15, 4:6, 5:16. Stream 23:22. 57:14. statutory 18:23. streamlines 19:10. stand 54:15. stay 70:9. streams 32:22. standard 25:9, 67:23. stenographer 2:2. strictly 29:23, 42:2. standards 63:24. step 2:24, 14:14, 16:2, strike 11:6. standing 46:1. 16:2, 47:13. strongly 31:11. standpoint 21:5. STEPHEN 1:27. structure 52:16, 52:19, stands 33:14, 33:24. steps 4:10, 15:3, 18:20, 53:21. Stapleton 1:45. 41:4. structures 63:19. start 23:8, 23:25, 29:7, Steve 2:12, 3:8, 5:25, studied 48:21, 50:2. 34:18, 41:13, 54:6, 6:20, 23:24, 27:8, study 26:23, 28:22, 54:7, 60:20, 71:10, 48:25, 68:1, 68:2, 36:5, 39:14, 63:21, 72:14, 73:17, 68:14. 64:15, 68:2. 73:22. Steve's 10:10, 55:8, stuff 14:13, 14:13, state 2:4, 6:22, 6:23, 68:13. 31:23, 38:11, 48:2, 8:17, 8:22, 13:21, STEVEN 1:37. 76:4, 76:5. 33:25, 34:5, 35:14, stitched 46:3. subject 26:17, 32:2. 43:7, 43:23, 50:11, stone 50:16. submit 17:6, 24:10. 56:17, 59:25. stood 45:24. submittal 63:16, Page: 199 of 90 Concordance 201 63:25. support 7:16. talks 58:6, 67:17. submitted 7:15, 7:25, supposed 10:7, tall 48:19. 23:14, 24:20, 40:8, 37:18. targeted 27:10. 64:2, 73:7. surface 66:20. task 9:8. subsections 31:17, surfaces 33:11. team 36:2. 31:18. surprised 74:8. technical 27:6, 29:12, substantive 11:14. surrounding 65:10. 30:5, 44:11, 59:24, success 44:1. survey 23:23, 36:7, 60:20, 60:21, 60:22, sufficient 33:14, 36:10, 36:11, 61:13, 67:10. 33:21. 36:11. tells 35:21. suggest 6:16, 12:18, switch 44:3, 44:19, Ten 3:22, 3:25, 14:18, 23:5, 23:14, 71:5. 45:21, 47:13, 47:17, 20:12, 20:13, 20:14, suggested 70:11. 47:18, 47:21, 47:23, 48:18, 49:12. suggesting 24:24, 52:14, 52:17, 53:3, ten. 14:14. 70:4. 53:5, 53:11, 53:13, terms 31:5, 32:10, suggestion 20:24, 53:15, 53:24, 54:10, 33:5, 33:12, 35:24, 73:3. 54:13. 36:13, 36:23, 47:1, summarized 66:5, SWPP 33:19, 33:24. 63:24, 66:2, 66:13, 67:12. Systems 47:10. 69:7, 69:9, 73:18. summarizing 43:3. . tests 54:6. summary 29:11, 31:24, . text 30:23, 43:14, 37:12, 62:5, 66:6, < T >. 43:22, 47:17, 66:7, 71:6. table 2:4. 53:12. supplementals 18:17. talked 25:2, 54:18, Thanks 3:8, 8:13. supply 32:19. 55:9, 60:7, 67:22. Theatre 43:24. Page: 203 of 90 Concordance 205 thin 50:18. till 27:22. 8:19, 9:1, 33:1, 33:1, thinking 21:14, 38:4, timeline 3:7. 34:2, 34:7, 35:2, 38:5. timely 7:8, 7:17. 35:2, 62:14, 64:8. Third 20:25, 31:4, timing 6:17, 11:21. town's 34:8. 32:8. tiny 43:25. transcript 9:4, 76:18. thirteen 46:7. today 22:9, 22:19, 23:4, transformers 47:13. thirteen. 45:18. 24:12, 29:11, 37:17, transition 52:15, thirty 3:16, 68:18. 37:20, 43:2, 62:18, 53:23. thorough 9:11. 73:13. Transmission 10:20, thoroughly 74:12. together 39:11, 39:21, 44:3, 44:4, 44:7, Though 40:10, 44:7, 46:4, 62:11. 47:10, 47:11, 47:12, 50:9, 53:4, 57:20, tonight 2:2, 2:14, 2:17, 51:8, 51:10, 63:19, 72:19. 12:1, 28:17, 69:15, 65:1. thousand 48:19, 49:12, 73:4, 73:25, 74:8. Transportation 52:2. 49:12. tonight's 9:5. trees 50:18. three 12:7, 18:25, took 18:20, 46:1, tremendous 11:9. 19:24, 20:15, 28:17, 46:14, 76:11. tried 16:3, 16:22, 31:17, 31:18, 48:20, top 46:15, 59:4. 60:5. 67:12, 68:12, topic 3:2. tries 62:7, 62:10. 73:24. total 34:19, 34:23, trigger 26:2, 26:10. threshold 59:14. 34:24, 55:21, 56:6. TRUE 6:24, 21:21, thresholds 51:19. totally 19:8, 31:12, 76:17. thrive 36:20. 65:24. truism 21:19. throw 23:18. toward 50:16. truisms 21:9. 53:21, 32:6, tight 38:20. Town 1:1, 1:13, 1:16, truth 7:18. Page: 207 of 90 Concordance 209 try 43:4, 46:4. typo 53:6. understood 48:23, trying 4:19, 16:2, . 51:25. 32:23, 34:14, 38:12, . unduly 5:1. 40:24, 41:1, 42:17, < U >. unless 70:13. 55:1, 55:6, 55:19, ultimately 21:20, until 17:25, 21:8, 55:21, 56:4, 57:16. 27:15, 62:21. 22:13, 30:20, 31:22, turn 9:14, 75:16. underdog 50:20. 37:9, 47:8, 48:15, turned 37:16, 46:2, underground 44:18, 65:2, 65:10, 69:19, 46:3, 50:1. 47:11, 52:14, 52:17, 70:12. turtle 36:11, 36:17. 52:22, 52:25, 53:19, unusual 21:2, 70:24. twelve 15:3. 53:23. useful 63:12. twice 72:24. underlying 24:20. . two 2:7, 5:7, 17:20, underscore 37:7. . 29:10, 31:25, 31:25, understand 13:8, < V >. 32:4, 33:25, 34:24, 19:19, 28:11, 38:12, V. 4:19, 5:10. 39:21, 41:4, 42:1, 40:2, 40:12, 40:14, valid 36:18. 47:5, 53:13, 53:15, 42:19, 56:22, 56:24, VALLEY 1:6. 54:10, 62:5, 62:22, 57:24, 57:25, 59:21, value 32:11, 32:14, 63:15, 63:23, 64:2. 60:14, 69:1, 74:10, 64:18, 64:23. two. 39:14. 75:5, 75:10. values 27:11, 63:15, type 11:2, 36:16, 36:17, understanding 10:9, 63:19, 64:8. 59:14. 26:25, 72:20. vegetation 45:9, typical 19:22, 44:21. understands 55:19. 67:21. typically 16:23, 20:10, understated 45:10, Ventures 1:35, 2:13. 72:17. 45:12. vernal 10:15, 23:22, Page: 211 of 90 Concordance 213 36:5. 65:3, 65:5, 65:11. 34:1, 75:8. versus 12:4, 46:21, visually 52:24. watershed 33:13. 53:7. visuals 65:1, 68:8. watersheds 32:4, via 47:10. volume 11:10. 33:11. view 44:24, 45:8, . Wawayanda 1:1, 1:2, 45:10, 45:11, 45:19, . 1:14, 1:16, 62:14. 46:6, 46:25, 50:20, < W >. Weather 49:18, 69:6. 65:6. Wait 41:17, 41:17. Wednesday 1:11. Viewpoint 27:2, 43:10, waited 38:7. week 39:14, 39:21. 45:4, 45:18, 46:5, waiting 33:8, 37:17, weeks 42:1, 69:10, 46:6, 46:11, 49:5, 38:4, 40:9, 72:22. 73:24. 50:22. waive 69:18, 74:10. weigh 11:12, 11:16, viewpoints 43:15, wall 50:16. 11:19, 29:5. 43:22, 45:1, 47:2, Wallkill 33:1, 35:3. westbound 45:19, 47:3, 47:4, 47:6. wanted 2:13, 6:1, 6:16, 45:20, 46:16. views 4:3. 23:10, 26:7, 29:16, wet 36:6. virtually 33:19. 37:21, 50:14, 50:23, wetland 36:16, 36:16. visible 50:17. 56:24, 66:19. wetlands 31:21, 32:3, visit 45:1. wants 65:7. 32:20, 32:21, 32:22, visual 42:22, 42:23, warrant 11:14, 33:3. 33:10, 33:12, 75:8. 43:8, 43:9, 43:13, warrants 6:10. whatever 7:23, 21:13, 43:15, 43:16, 43:19, water 31:21, 32:3, 41:15, 69:10, 70:1. 43:22, 44:22, 44:25, 32:10, 32:10, 32:19, whereas 48:10. 48:16, 48:22, 49:3, 32:19, 32:19, 32:24, whether 8:7, 14:21, 49:7, 50:4, 57:5, 33:5, 33:20, 33:24, 15:17, 15:17, 16:11, Page: 215 of 90 Concordance 217 17:2, 17:11, 18:6, within 4:11, 4:15, . 18:18, 18:19, 18:20, 23:16, 30:23, 64:6, . 18:21, 21:20, 22:4, 76:18. < Y >. 22:12, 22:17, 22:22, words 3:10, 15:14, yard 44:3, 44:19, 22:23, 24:11, 26:1, 17:13, 20:8. 47:13, 47:17, 47:19, 26:9, 36:4, 48:12, work 22:20, 23:7, 47:21, 47:23, 52:14, 49:20, 51:10, 60:19, 25:13, 28:13, 30:22, 52:17, 53:3, 53:5, 65:5. 33:4, 41:24, 42:10, 53:11, 53:24, 54:10, wildlife 10:15, 10:16, 53:10, 55:11, 56:22, 54:14, 65:6. 32:3. 64:5, 64:14, 67:25, yards 53:13, 53:15. WILLIAM 1:25. 68:7, 69:9, 69:10, YATES 1:18, 2:10, willing 28:10. 72:14, 72:16. 15:6, 28:6, 72:3. wind 60:18, 73:14. worked 6:21, 27:21, York 1:2, 1:14. winding 73:19. 27:23, 57:3. yourselves 72:13. wires 10:19, 10:20, working 17:24, 23:6, . 44:3, 44:4, 44:6, 23:8, 24:14, 26:16, . 44:7, 44:12, 45:8, 60:15, 72:10. < Z >. 45:16, 45:23, 46:8, works 41:18. zoning 67:19. 46:17, 46:21, 48:10, WORKSHOP 1:7, zoom 32:12, 34:13, 48:11, 50:19, 51:8, 34:3. 34:14. 51:10, 52:4, 52:13, worried 75:5. . 52:16, 52:22, 52:24, worthy 48:13, 49:21. . 54:10, 54:11, 54:11, writing 32:15, 72:21. < Dates >. 54:12, 54:14. written 43:3, 55:14, 4-1-38.32 1:8. 45:22, wish 70:19. 66:4, 70:18, 72:24. may 13 2009 1:12, Page: 219 of 90 :12, l: 12. Concordance 221 Page: 221 of 90