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roger.dixon@att.netThursday, February 15, 2007 9:23 AMDraftPlanCommentsI-A-The New Jersey Highlands Region

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Roger Dixonroger.dixon@att.net . BY~~ 1

The followinggroup of concernedcitizensand institutlonswould like to requesta meetingwith the Highlands Council to ensure that wind projects are not inadvertantly prohibiteddue to development restrictions. In particular, we are requesting that the HighlandsCouncil develop explicit criteria which address where and under what circumstances windgenerators are allowed to be sited and encouraged to be erected. We would also like todiscuss any restrictions that will be placed on their development and use in the Highlandsarea.

Roger Dixon, Skylands Renewable Energy, Hunterdon County, NJ Peter Jaansen, PP PE andRowan University, Glassboro, NJ Mike Mecurio, Island Wind, Island Beach, NJ MichaelTaylor, Director Environmental Studies and Marion Glenn, Professor of Biology and SetonHall University, S. Orange, NJ David Boring, Site Acquisition Consultant, Mahwah, NJ FrankDeWitt, Alternative Energy Associates, Augusta, NJ George Ganter Don Kasten, ManagerTechnical Operations and The Center for Advanced Energy System and Rutgers University,Piscataway, NJ Lynn Stiles, Ph.D., Professor of Physics and Coordinator of Energy Studies,The Richard Stockton College of NJ, pomona, NJ

All of the above have concerns regarding the following report that was submitted to theNJBPU during recent hearings regarding the revision of NJ's Energy Master Plan.

The following report was prepared as part of the "Challenges" group committee report tothe NJBPU for consideration in the current revised NJ Energy Master Plan. I would like topresent this to our governing officials and the Highlands Council as a point of concernfrom our wind working group. In order to do that, I need your sign off on the attachedmaterial.

It is imperative that we, as a wind energy community, impress upon the NJ state officialsand the Highlands Council that a discussion between wind energy advocates and theHighlands Council take place as soon as possible. The Highlands Council is presentingtheir suggested revisions to the Highlands Act to the public. They are currently takingcomments and feedback as a part of the final revision process. No one besides myself (tomy knowledge) has discussed the issues surrounding wind electric with them. The use ofwind in NJ's second most viable geographic resource for wind, the ridge top regions ofnorthern NJ (Highlands Area), will be virtually eliminated if we do not speak out andremedy the situation.

I have spoken to both Dante Dipierro, Executive Director and Chris Danis, PrincipalPlanner for the Highlands Council. Both are RE friendly and open to dialog. I do notbelieve that either understands the siting issues for wind as it relates to the HighlandsAct. We need to have that conversation.

I would like to have your sign-off or response ASAP. Please feel free to call me or emailme with any questions, concerns, etc., that you may have. I will be happy to answer anyquestion you may have to the best of my ability. I can be reached on my cell phone,908.337.2057 from 7am to 8 pm any day or at this email address.

Thank you,

Roger DixonSkylands Renewable Energy

Special Legal and Regulatory Challenges to Wind Energy as Related to the Highlands Act1

The Highlands Act supports renewable energy, but the opportunities to use wind electricare limited. The following areas of the DEP Highlands Preservation Area Rules, HighlandsAct and Draft Regional Master Plan delineate these limitations:

1. N.J.A.C. 7:38-3.5 Impervious Surfaces - 3% and HUC 14 lot averaging 2. N.J.A.C.

7:38-3.12 Unique or irreplaceable land types and existing public scenic attributes -includes Federal Public Lands and wild and Scenic Rivers 3. N.J.S.A. 13:20 30(b) (7)prohibits the development of slopes 20% or more

Draft Regional Master Plan at the sections below:1. Smart Growth Component pgs. 7, 172,173, 2. Water Conservation/Reuse pgs. 62,160, 3.Scenic Resources pg 132, 4. Smart Growth long Term Goals pgs. 142, 143, 146

This presents a challenge. The Highlands area is precisely the area that has the ridgetops needed for the use of wind in the northern part of the state. Unfortunately NewJersey has classified as part of the Highlands Act, "scenic resources" and "view sheds"making the Highlands Area a "special resource area." The Highlands Act preempts home rule.There are DEP issues with "existing public scenic attributes" and Federal Public Landsissues as yet undefined to me.

It appears that the "view shed" language would prohibit any tower erection, whether foranemometer or generating purposes, and would be in direct violation of the Highlands Act.This would necessitate a law that preempts scenic view sheds and other items as theyrelate to renewable energy (i.e., wind electric).

The Highlands Act's definition of an impervious surface includes gravel, not just macadamand concrete. Any road that serves as access to a wind tower will need to be natural dirtand/or rock or less than 3% of the size of the lot. This basically eliminates any accessexcept over a natural surface. In some areas this may be accomplished, but in most areasit would lend itself to dry weather access only-at best. Similarly, any tower footingswould be aggregated into the calculation, as well as all existing buildings and driveways,parking lots, etc. The total of all would need to be less than 3%. This will essentiallyeliminate most, if not all, residential "behind the meter installations," along with manyor all community or utility sized installations in the Highlands Preservation Area.

The Highlands Act also states that no development can occur on or through slopes of 20%grade or more. This may not be as big an issue, but serves to limit access to certainareas and ridge tops.

Since the Highlands Area represents a Class 5-6 wind resource during the winter months anda Class 3-4 wind resource during the balance of the year, we will effectively be shuttingdown the state's second best resource for wind electric. The best resource for wind, alongNJ's coast, is also more densely populated than the Highlands Region. In essence, theHighlands Act may contribute to eliminating the more feasible and useable behind the meterwind resource area in NJ.

It would appear that much more study of the impact of the Highlands Act on renewableenergy in NJ needs to be done. The siting, zoning and permitting issues faced byproponents of wind electric are burdensome enough on their own, without additionalencumbrances as a result of the Highlands Act. These are all issues that need to beaddressed in the immediate future.

Recommendations:

1. A study group be formed and supported by the State that can properly address these andother issues that may arise as we go forward.

2. Develop an approach similar to Wisconsin's. More information about this can be found atthe following website: www.renewwisconsin.org

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