P. O.

Box 750 Isla de Culebra, PR 00775 (o) 787-556-6234 SKYPE: coralations Youtube, Scribd and Facebook: CORALations Culebra and CORALations email:

info@coralations.org

Ms. Elizabeth L. Ray Vice President Mission Support Services Air Traffic Organization U.S. Dept of Transportation Federal Aviation Administration Mission Support Services 800 Independence Ave. SW Washington, DC 20591 elizabeth.ray@faa.gov Re: FOIA Request 2013-1202 March 25, 2013 Dear Ms. Ray: CORALations is a non-profit coral reef conservation organization based on the island of Culebra, Puerto Rico. Through our normal course of doing business, we discovered a serious concern regarding No Hazard determinations to air traffic for a proposed wind farm located in, or adjacent to, the fly zone of the airport on this small Caribbean island. Culebra is growing in tourism popularity. Visitors and locals access Culebra using ferry service from Fajardo or via small planes from San Juan, Ceiba and the Virgin Islands. There is no hospital on the island, and all serious medical emergencies depend on safe and smooth air evacuation to the big island via small planes, and during varying weather and wind conditions. Copies of No Hazard determinations were submitted by the Puerto Rico Administracin de Asuntos Energticos (AAE) in an environmental impact study (EIS) for a proposed wind farm project, Proyecto Punta Flamenco Windfarm, DIA-2012-AAE-28. The proposed wind turbine project was moving through an expedited planning process, after elections and during a local Government transition. Upon communicating directly with FAA personnel, we learned that the No Hazard determinations included in the EIS, had already been terminated and new numbers issued. The new determinations were not available to the public. On November 30th we sent an expedited request through FOIA to your office soliciting copies of any and all records related to the terminated studies included in the EIS, specifically, Aeronautical Studies 2012-WTE-1048-OE through 2012-WTE-1053-OE. On December 3rd, 2012 we received a letter from Douglas C. Taylor, Manager of the FOIA program for FAA, indicting our request was assigned to Dean Torgerson, FOIA coordinator. This letter denied an expedited FOIA process because: you have not shown a compelling need based on imminent threat to life or physical

safety to an individual, nor an urgency to in form the public of an actual or alleged FAA activity beyond the public's right generally to know about Government activity We recently received a letter dated Feb 25th 2013 with a CD that included digital documents. We took the time to list these (please see attached) and post online. The list is attached to this communication. We understand a decision was made to redact some of the personal information in this disclosure, and we have no problem with that. Mary Ann Powell of the FAA, responded to a recent call about this FOIA release, and is copied below. This FOIA response does not appear to be complete: The initial No Hazard determinations submitted in the above referenced EIS were not based on the actual height of the proposed wind generators. The physical characteristics of the wind generators were not included in the EIS submitted to Puerto Rico's Environmental Quality Board. The FOIA response revealed no copies of initial applications, or re-applications. The public only learns, at a short noticed public hearing moving through an expedited planning process, that the proposed wind generators are in fact 370 feet tall. We still do not know what was actually submitted to the FAA, who submitted the applications and when which prompted us to submit a FOIA. The No Hazard determinations included in the EIS had already been terminated at the time of the public notice regarding the Environmental Quality Board (WQB) public's hearing, and replaced by others not available to the public online at the FAA website, and not included in this response. This raises serious questions and concerns regarding the transparency of the planning process, and agencies involved. The FOIA response failed to include any of our stated concerns and communications to safety, public health and environment expressed to the FAA, and on record with your agency prior to the date of the FOIA request. (see http://www.scribd.com/doc/113516687/FAA-Response-Before-Hearing While the FOIA request sent to FAA by our organization was comprehensive (any and all), the FOIA response makes no mention of determinations involving wind meters already installed on the ridge above the airport approach and possibly not permitted. These could currently be posing a risk and coordinates of these meters is critical to estimating the efficiency of proposed turbines. The FOIA response failed to include documentation of the public notice issued and associated with any and all required determinations near Culebra's airport. While we understand that to receive notice, there is a special list-serve that requires a subscription, we were told by members of this list serve, no such notice was issued. Proposed is a major energy project for the small island that will profoundly impact the small airport, and I am confident that if notified, these participants would have remembered. This intuitively seems reflexive of either a flawed or corrupted system, which warrants investigation by experts familiar with FAA rules, and local Government abuse of an expedited permitting process for renewable energies or otherwise, where the outcome could result in such obvious impacts to the safety of the local islanders, Culebra's medical emergencies and tourists that depend on the small Culebra air port for safe travel.

We are re-writing again for any and all documentation including a record of our email communications with your personnel and documentation and or negative certification of public notice regarding the wind farm project proposed by Puerto Ricos AAE (DIA-2012-AAE-28) Any inconsistencies regarding documents included and transcribed in files on the CD the FAA provided, are noted and highlighted in the enclosure entitled: List of Files Submitted in FAA FOIA on CD, Feb 25, 2013. Sincerely,

Mary Ann Lucking Director

c. Hon. Ivn Solis Ms. Carmen Guerrero Ms. Mary Ann Powell Dr. Douglas C. Taylor Mr. Dean Torgerson (hard copy) Mr. Patrick Timmerman Mr. David Enrique Bernier Hon. Eduardo Bhatia Gautier Mr. Jorge Fernandez Porto Hon. Alejandro Garca Padilla Hon. Pedro R. Pierluisi Hon. Luis V. Gutirrez

enc. List of Files Submitted in FAA FOIA response to Lucking dated Feb 25, 2013.

List of Files Submitted in FAA FOIA on CD, Feb 25, 2013.

2012 WTE_1048_OE (Lucking) FOLDER
Analysis Report Folder
DOD_DHS_LRR_158820875.pdf DOD_MILOPS_158820889.pdf Military Conflicts_USA.pdf Military Conflicts_USAF.pdf Military Conflicts_USN.pdf MVA_MIA_158820869.pdf NASWATCH_AF_15_158820854.pdf NASWATCH_DOD_155820865.pdf NOAA_NEXRAD_158820886.pdf POS_158820855.pdf Traffic_PATTERN_158820861.pdf

Case Notes Folder

PRJT.pdf **No CASE.pdf?

Division Responses.pdf Documents Folder

159384400_12_1048-1053.pdf 159386375_12_1048 thru 1053.pdf 163369196_12_1048-1053-wte.pdf 178295679_BISCO...042019530012.pdf

Letters Folder
**NO CIR file? DNH_167063337.pdf NPH_161005630.pdf TER_169026390.pdf

OeQuickView.pdf Part 77 Analysis Reports

Part 77_CIV_158820842.pdf Part 77_CIV_160409632.pdf Part 77_CIV_167063155.pdf Part_77_MIL_158820848.pdf **Missing CIV file?

............................................................... 2012 WTE_1049_OE (Lucking) FOLDER

Analysis Report Folder

DOD_DHS_LRR_158820879.pdf DOD_MILOPS_158820890.pdf Military Conflicts_USA.pdf Military Conflicts_USAF.pdf Military Conflicts_USN.pdf MVA_MIA_158820874.pdf NASWATCH_AF_15_158820857.pdf NASWATCH_DOD_155820859.pdf NOAA_NEXRAD_158820887.pdf POS_158820851.pdf Traffic_PATTERN_158820853.pdf

Case Notes Folder

No CASE.pdf ? PRJT.pdf

Division Responses.pdf **NO DOCUMENTS FOLDER

Letters Folder
**NO CIR file. DNH_167063335.pdf NPH_161005912.pdf TER_169026394.pdf

OeQuickView.pdf Part 77 Analysis Reports

Part 77_CIV_158820840.pdf Part 77_CIV_160410071.pdf Part 77_CIV_167063362.pdf Part_77_MIL_158820844.pdf **Missing CIV file?

----------------------------------------------------------------------------2012 WTE_1050_OE (Lucking) FOLDER

Analysis Report Folder

DOD_DHS_LRR_158820998.pdf DOD_MILOPS_158821007.pdf Military Conflicts_USA.pdf Military Conflicts_USAF.pdf Military Conflicts_USN.pdf MVA_MIA_158820993.pdf NASWATCH_AF_15_158820976.pdf NASWATCH_DOD_1558208785.pdf NOAA_NEXRAD_158821004.pdf POS_158820972.pdf Traffic_PATTERN_1588208974.pdf

Division Responses.pdf Case Notes Folder

CASE.pdf PRJT.pdf

LETTERS Folder
CIR_163371250.pdf DNH_167062971.pdf NPH_161006176.pdf TER_169026395.pdf

**No Documents FolderDocuments OeQuickView.pdf Part 77 Analysis Reports

Part 77_CIV_158820961.pdf Part 77_CIV_163371223.pdf Part 77_CIV_163371231.pdf Part 77_CIV_ 167062685.pdf Part_77_MIL_158820963.pd

2012 WTE_1051_OE (Lucking) FOLDER Analysis Report Folder

DOD_DHS_LRR_158820996.pdf DOD_MILOPS_158821020.pdf Military Conflicts_USA.pdf Military Conflicts_USAF.pdf Military Conflicts_USN.pdf MVA_MIA_158820990.pdf NASWATCH_AF_15_158820987.pdf NASWATCH_DOD_1558820988.pdf NOAA_NEXRAD_158821005.pdf POS_158820979.pdf Traffic_PATTERN_158820983.pdf

Case Notes Folder

CASE.pdf PRJT.pdf

Division Responses.pdf LETTERS Folder **Same files as letters folder in 1050)

CIR_163370863.pdf DNH_167061445.pdf NPH_161004853.pdf TER_169026391.pdf

**No Documents FolderDocuments

OeQuickView.pdf Part 77 Analysis Reports

Part 77_CIV_158820962.pdf Part 77_CIV_163371116.pdf Part 77_CIV_163370609.pdf Part 77_CIV_ 167069786.pdf Part_77_MIL_158820966.pdf ---------------------------------------------------------------------------------------------------------------

2012 WTE_1052_OE (Lucking) FOLDER Analysis Report Folder

DOD_DHS_LRR_158821106.pdf DOD_MILOPS_158821131.pdf Military Conflicts_USA.pdf Military Conflicts_USAF.pdf Military Conflicts_USN.pdf MVA_MIA_158821103.pdf NASWATCH_AF_15_1588210937.pdf NASWATCH_DOD_1558820988.pdf NOAA_NEXRAD_158821091.pdf POS_158821089.pdf (same as 1051) Traffic_PATTERN_158821091.pdf

Case Notes Folder

** NO CASE.pdf PRJT.pdf

Division Responses.pdf LETTERS Folder

**NO CIR_file? DNH_167062472.pdf NPH_161004194.pdf TER_169026392.pdf

**No Documents FolderDocuments OeQuickView.pdf Part 77 Analysis Reports

Part 77_CIV_158821079.pdfgf Part 77_CIV_160410142pdf Part 77_CIV_167062261.pdf Part 77_CIV_158821083.pdf **Missing MIL file?

_______________________________________________________

2012 WTE_1053_OE (Lucking) FOLDER

Analysis Report Folder
DOD_DHS_LRR_158821127.pdf DOD_MILOPS_158821155.pdf Military Conflicts_USA.pdf Military Conflicts_USAF.pdf Military Conflicts_USN.pdf MVA_MIA_158821108.pdf NASWATCH_AF_15_158821100.pdf NASWATCH_DOD_1558821101.pdf NOAA_NEXRAD_158821138.pdf POS_158821096.pdf Traffic_PATTERN_158821098.pdf

Case Notes Folder

** NO CASE.pdf? PRJT.pdf

Division Responses.pdf LETTERS Folder

**NO CIR_.pdf? DNH_167062073.pdf NPH_161004428.pdf TER_169026393.pdf

**No Documents Folder OeQuickView.pdf

Part 77 Analysis Reports Part 77_CIV_158821082.pdf Part 77_CIV_160410164.pdf Part 77_CIV_167061590.pdf "NOTE: comment indicates: Structure top exceeds horizontal surface."

http://www.scribd.com/word/document_edit/130398039?return_to_doc=true
Part 77_MIL_ 158821086.pdf NOTE: concludes no runway found w/i 12.5 nautical miles of proposed obstruction? Not a traverse way?

http://www.scribd.com/doc/130398046/PART-77-MIL-158821086
**Missing a CIV file?

Internal Project Documents File 58820030

Documents File
159886328_2012-WTE-1048thru1053-OELRR.txt

http://www.scribd.com/doc/130398761/159886328-2012-WTE1048thru1053-OELRR