Select Board Objects To Proposed Mitigation For SouthCoast Wind, But Its Attorneys See Little Recourse

The Select Board held a public forum Tuesday night on SouthCoast Wind, the next offshore wind farm slated for the waters southwest of Nantucket that is in the final stage of permitting. A large crowd showed up both online and in-person looking to discuss the new project as well as the impact of Vineyard Wind, its blade failure in July, and the Good Neighbor Agreement it struck with the town.

But they were quickly dissuaded from a wide-ranging debate over SouthCoast Wind, as Select Board chair Brooke Mohr told those in attendance that there would only be a discussion of one topic: how the town should respond to the proposed mitigation for the impacts of the new wind farm offered by the federal Bureau of Ocean Energy Management (BOEM) and what it should ask for.

The town has already objected to BOEM's mitigation proposal: just $150,000 for historic property surveys and archeological assessments - to limit the impact of the offshore energy development on the island.

"I’d like to hear from the community whether you think we should respond or not," Mohr said. "What should we ask for from BOEM? What does the community want us to ask for?"

That was how Mohr framed the public forum Tuesday night, which eventually spanned three hours and ended with no definitive resolution on those questions.

SouthCoast Wind is a 2,400-megawatt offshore wind project slated for an area approximately 23 miles southwest of the island consisting of 149 wind turbines, each standing 1,066 feet tall - even higher than Vineyard Wind's turbines, which are 853 feet tall. The project recently secured key state permits and completed an environmental review by the federal government. The final environmental impact statement for SouthCoast Wind released by the federal Bureau of Ocean Energy Management (BOEM) concluded that the visibility of SouthCoast Wind's turbines "would have long-term, continuous, and moderate impacts on the Nantucket Historic District."

In an Oct. 30th letter to BOEM written by the town of Nantucket's special legal counsel for offshore wind, Cultural Heritage Partners, attorney Will Cook objected to the proposed mitigation as well as the lack of an adequate emergency response plan for the possibility of blade failures at SouthCoast Wind. The town is seeking "no adverse visual effects" and "meaningful mitigation," Cook said. 

Island residents who attended Tuesday's forum were more pointed in their criticism of BOEM's offer.

"I find that the offer of mitigation proposed is basically gaslighting us," said Ted Giletti.

"Aside from pushing them out farther, there is no real mitigation," said Val Oliver. "Sponsoring surveys of historic properties is a slap in the head. It’s like we'll catalog them because no one will come to see them anymore." 

Madaket resident Bruce Mandel pointed out that BOEM had waived the decommissioning bond for SouthCoast Wind and suggested the Select Board should insist that BOEM require the offshore wind developer to provide adequate funding for decommissioning up front.

"I noticed the decommissioning funding for this project has been waived by BOEM and that's a problem and it affects Nantucket in the future," Mandel said. "There's no decommissioning plan set forth in the EIS, although there are mentions of a decommissioning plan to be provided in the future if needed. These projects, all of them, become obsolete and have to be re-bladed, refigured, reset financially to get their financial benefits back on track. So the question is, what is the intent? Who pays to remove the above-sea elements at the time they need to be removed?...Is there a way to push for the decommissioning funding to be required and the decommissioning plans to be set forth now rather than some date in the distant future 30 years from now?"

With BOEM set to issue a final permit for the project in December, the Select Board and Cultural Heritage Partners attorneys stated that there was limited time for the town to make a decision on whether to respond to BOEM's mitigation proposal. 

"The decision is do we respond to the offer by saying it is inadequate and demanding more," Mohr said. "Not responding to the offer means that will be what we get."

As he presented a "decision tree" to the audience, attorney Cook from Cultural Heritage Partners suggested that not responding and walking away from BOEM's offer at this point would limit the town's ability to appeal the agency's permit approval in the future. 

While the Select Board and Cultural Heritage Partners were adamant that any appeal or litigation could not change the timeline for the project or stop its construction, many in attendance stated the town was in a stronger position than it was admitting to. 

"When someone says there is nothing we can do to stop this, I don’t believe it," said former Nantucket Finance Committee member John Tiffany.

Several speakers, including Select Board member Dawn Hill Holdgate, referenced President-elect Donald Trump's pledge to end offshore wind projects "on day one" of his new administration and the changing political environment on the horizon.

"The tide has massively changed on this whether you like Trump or not," said Jesse Sandole, the owner of 167 Raw and one of the leaders of the new non-profit group Keep Nantucket Wild that is opposing the development of offshore wind projects near the island. "We’re in a position of strength. This is ridiculous. It’s time to turn the tide on this."

In response to a specific question from the Current about whether the incoming administration had changed Cultural Heritage Partners' legal strategy or recommendations with respect to the Section 106 process of the National Historic Preservation Act, which gives the town standing with BOEM, Cook stated the following: 

"We're facing a permit being issued on December 20th, that will be before any change in the administration takes place," Cook said. "So whatever happens after a new administration has been sworn in will be after the fact, and there will be an existing permit if BOEM holds to its current timetable."

At the conclusion of Tuesday's forum, Mohr indicated the Select Board would be deciding "in the next few days" whether and how to respond to BOEM's mitigation offer.