Governor reacts, low flights hearing postponed
AUGUSTA -- The Sept. 2 Public Hearing to discuss the Air National Guard's proposal to lower the flight floor over the western mountains of Maine has been postponed.
No date has been identified for a new hearing, which was planned for Farmington. However, an ANG press release says that a draft Environmental Impact Statement is available online and in several local libraries. The announcement also says that the hearing is postponed and that there's a written comment period deadline of Sept. 23, 2009; comments submitted before this date will be considered in developing the EIS.
The 104th Fighter Wing of the ANG based in Westfield, Mass, is looking to seek Federal Aviation Administration approval to combine the Military Operation Area known as Condor 1 and Condor 2. Once combined, they're seeking approval to lower the allowable flight floor from 7,000 to 500 feet.
The guard says the purpose of this modification is to allow them to conduct needed interceptor training in low altitude airspace. Such sorties could include two or more F- 15 fighter jets simulating a low level engagement on a civilian aircraft. Flares and chaff would also be used to simulate the interception process. Pilots say this type of training and mountainous airspace is lacking in the military and is needed for national security.
The proposal was to combine the two MOAs and allow the fighter jets to fly across most all of the designated area rather then be limited to only narrow flight paths. Most all of Franklin and surrounding counties are included in this proposal.
Although many are supportive and desire to give the ANG what it needs for national defense and training, others are concerned not only with the concept of low flights over their homes and businesses, but with the lack of information contained in the DEIS. The DEIS is followed by an Environmental Assessment which was conducted in 2007 and heavily opposed. The EA faced strong opposition by congressional delegates, the governor's office, Maine Department of Transportation and many others who requested that a more detailed EIS be conducted.
Now that the DEIS is out nearly two years later, some members of the public, various state legislators and Governor John E. Baldacci have become vocal in their concerns with the study.
On Aug. 28, Gov. Baldacci wrote a letter to Bill Abro of the National Guard Bureau at Andrews AFB requesting a far more thorough study. This came after a meeting was held at the MDOT's office last Wednesday. Local residents from western Maine, state representatives, members from the Maine State Planning Office and representatives of the Attorney General's Office were in attendance.
Local residents included David Guernsey of Kingfield, Lloyd Griscom and Nancy O'Toole both of Phillips, Tom Mauzaka of Strong and Mike Wells of Wilton. Representatives Thomas Saviello, Jarrod Crocket and Lance Harvell were also in attendance at the meeting held by MDOT senior planner Kate Fuller.
"The residents provided information they wanted me to be aware of to help frame this communication," Baldacci wrote.
"I believe that the ANG has not met its burden of proof, and I am requesting that the public hearing be postponed for six to nine months in order to allow the ANG to conduct a more thorough analysis of the environmental impacts to the State of Maine and, in particular, the Western Mountains region."
The Governor's letter contained 14 points of concern raised by MDOT, and abbreviated comments by the residents and from the AG's office.
MDOT Assessment
Baldacci said that it's the MDOT's assertion that the document does not meet the requirements necessary to be considered an EIS. "In fact, the text of the EIS would suggest that the (original) EA was simply reissued under a new name.
The MDOT also said the EIS did not list the individual airports in the MOA, nor does it list the number of civilian aircraft that cannot be seen by radar. MDOT reports 114 aircraft with nearly 44,000 operations yearly which does not include through traffic.
Gov. Baldacci's letter states that the MDOT does not have the staff with specialized analytical skills to assess the validity of the noise impacts. "The ANG should provide funding to hire an independent noise analyst to review and make findings on this section of the EIS," wrote the Governor.
Resident's Assessment
Baldacci said that the residents stated that the DEIS does not satisfactorily respond to the socioeconomic issues. The Western Maine economy should be evaluated and responded to in the DIES including responding to documents such as the Fermata Report, the Brooking Institute Study and other Maine Office of Tourism evaluations that quantify the value and peaceful surroundings of the area.
The residents were concerned about the quantity and times during which the sorties would occur and suggested that some form of a cap should be included within the DEIS.
Another section of the letter lists concerns with safety for general aviation, migratory birds and raptor strikes. "There does not appear to be any communication with the Maine IF&W or the USFWS."
The residents' report that there is no mention of noise impacts on people, on quality of place or on wildlife as a result of lowered flight paths.
"It does not quantify how this airspace is more conducive than the Adirondack MOA, which is very similar in size to the proposed Condor MOA." The citizens feel that more detailed analysis should be considered on alternative locations such as the Adirondack MOA. An initial assessment provided by the citizens reveal that the New York airspace has less people affected than here in western Maine.
The Governor listed the citizens' concern that "the DEIS does not clearly identify why the military must use this airspace for this training; nor does it prove why this particular type of training is necessary."
The citizens revealed that the public notice and public hearing process was also inadequate. They list that the DEIS does not put a limit on which type of aircraft can be flown which causes concern. "Any and all types of military aircraft could use the area in the future," the letter explained.
Lastly, Baldacci wrote, the DEIS does not discuss a prior request to expand the MOA under the McKernan Administration (Governor in the 1980s) which was denied at that time. "The DEIS does not mention that analysis or denial, nor indicate what has changed with this request to make it more acceptable than in the past."
Attorney General's Assessment
Evidently the Attorney General office did weigh in or was asked by the Governor to comment. In an earlier interview with the press secretary for the AG's office, Kate Simmons said this proposal was something that their office was not going to weigh in on.
Baldacci said the AG's office had concerns including the following: "The DEIS does not adequately address the impact of low-altitude flights on the Appalachian Trail and its users.
There was also concern as Baldacci stated that there was no consultation or communication with the Penobscot Nation, which owns 60,000 acres in the affected area and is planning some development projects.
The Governor concluded by saying, "As you can see, these assessments strongly suggest that more work needs to be done to assure me and the people of Western Maine that no significant impacts will result from the proposal changes to the Condor MOA."
A draft of the Environmental Impact Statement is available online at www.maine.gov/mdot/angcondor/index.htm or libraries in Rangeley, Monson, Rumford, Bingham and Bremer Pond.
For further information or to submit written comments, contact Lt. Col. Mike Milord, NGB Public Affairs, Jefferson Plaza One, Ste. 11200, 1411 Jefferson Davis Hwy, Arlington, Virginia 22202 or call 730-607-2780 or email mike.milord1@us.army.mil.











