On Tuesday evening the objectors had their opportunity to begin the presentation of witnesses in opposition to Atlantic Wind’s application before the Penn Forest zoning hearing board.

Atlantic Wind is looking to build up to 28 turbines on land belonging to the Bethlehem Water Authority.

The hearing began with attorney Bruce Anders renewing his request to enter testimony by way of transcripts from an earlier application before the hearing board. The witnesses had previously testified on another application for the same special exception permit to build wind turbines in the township.

That first permit is currently being challenged before the Carbon County Court of Common Pleas.

Zoning board solicitor Michael Greek agreed with Atlantic Wind that this was a new and separate application for the project and that the witnesses would have to appear before the board. Anders requested permission to have two of his witnesses testify via Skype.

Atlantic Wind’s attorney Debra Shulski objected to Anders’ request, citing a number of issues that arose during the last set of hearings including a significant delay in the response time from the witness, making it difficult to object in a timely manner and difficult for the court reporter.

“There are also too many due process issues, including credibility,” Shulski said. “There were delays and problems hearing the witness.”

Greek said that the board would take it under advisement.

Shulski also raised another objection when Anders requested to add the group Save Our Allegheny Ridges of Penn Forest Township as an objector to the proceeding. Shulski cited case law which requires a party to own property within sufficient proximity to the project. Anders offered to brief the subject before the next hearing, but Shulski asked the board to make an immediate decision.

“We will decide at the conclusion when we take everything into consideration,” Greek said after Anders explained that SOAR would not be giving any new testimony.

Groundwater impact

The only witness to testify on Tuesday was Pamela C. Dodd, Ph.D.

Dodd described herself as a hydrogeological consultant with degrees in hydrogeology and marine biology and a certification in groundwater science.

Dodd was accepted by the hearing board as an expert witness after a brief examination by each of the attorneys.

Dodd testified that she has personally inspected the site of the proposed wind project and that she had used a number of resources to make her report and her conclusions regarding the impact that the wind project would have on the area.

Dodd concluded that the area will be deforested and the impervious surfaces and roads will increase runoff and decrease water recharge.

When questioned on cross-examination by Atlantic Wind’s attorneys if this project would have any greater impact than any other similar wind project, Dodd answered that this plan would have a greater impact than some other plans due to the fact that this plan affects the ridges on the mountains.

Dodd said the deforested areas tend to remain barren. The loss of the tree canopy on the ridges means a decrease in the overheard canopy which keeps the headwaters at a cooler temperature. As the canopy is removed, the temperature rises and it will degrade the water and what inhabits it under those conditions.

In addition, she explained how the increase in stormwater runoff from the disturbance on the ridges will not recharge the groundwater in the areas because of the compacted surfaces needed to transport the materials to the site and for maintenance.

The stormwater will eventually end up in one of the two reservoirs, either Penn Forest or Lehighton, local wells and Beltzville Lake, Dodd said.

At the conclusion of Dodd’s testimony, the board adjourned until the next hearing, which will take place at 6 p.m. July 16 at Penn Forest Volunteer Fire Company No. 1.