1 wind energy services environmental permitting for wind energy facilities anntonette alberti, jd...
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1Wind Energy Services
Environmental Permitting for Wind Energy Facilities
Environmental Permitting for Wind Energy Facilities
Anntonette Alberti, JDTetra Tech, Inc.
Wind Energy Services
AgendaAgenda
Preliminary considerations Local approvals State approvals Federal Approvals
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Preliminary Permitting ConsiderationsPreliminary Permitting Considerations
You want to get permits for an economically constructable project:• This is most important: Permits
should provide you with the permission to build what will ultimately be on your construction drawings
– Ideally, micro-siting will occur before, not after, the submittal of permit applications
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Preliminary Permitting ConsiderationsPreliminary Permitting Considerations Permits will cover all project
facilities• Turbine locations, crane pads, and
associated work space
• Access roads, public road improvements
• Electrical collection system and project transmission lines
• Substations, switch yards and point of interconnect
• O&M building, visitor kiosks, parking areas
• Construction related facilities, concrete batch plants, disposal areas
• Mitigation areas
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Potential Construction Impacts, continued
Potential Construction Impacts, continued
Permits often require studies that must begin well before permit applications are submitted• Avian, bat, and other wildlife
• Protected plants and noxious weeds
• Wetlands and water bodies
• Cultural resources
• Noise (Sound)
• Visual Impact and Shadow Flicker
• Telecommunications
• Aviation
• Geotechnical
• Etc.
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Local ApprovalsLocal Approvals
Most projects will require at least one important local approval• Special use or conditional use
permits
• Wind overlay zone approvals
• Site plan approvals
• Building permits
• Electrical permits
• Road use or improvement permits
• Variances Some state siting boards are
authorized to override local objections• But most must demonstrate that
the project would be consistent with local ordinances & there is no reasonable objection to the development of the project.
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Local ApprovalsLocal Approvals
The need for local approvals and the process for obtaining approvals varies throughout the country.
• In some areas, the local approval process will be time-consuming and the project will be subject to close scrutiny. In contrast, some municipalities require only a building permit.
• The development team should assess which local approvals will be required and consult with counsel.
Remember that aside from positive economic benefits, most positive benefits of wind farm development are “global,” while most negative impacts are local
• Local support is crucial to wind farm development.
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State ApprovalsState Approvals
Required State approvals vary greatly Numerous state regulatory programs are likely to be
triggered by a proposed wind energy project. While such programs often mirror, implement (through delegated authority), or complement similar federal laws, the state version is typically more stringent than its federal counterpart.
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State ApprovalsState Approvals
Common State approvals:• “Little NEPA”
• State Siting Statutes
• Endangered Species Act
• Wetland Permits
• Stream Crossing Permits
• State Owned Land
• Historic Preservation
• Stormwater
• Agricultural Protection
• DOT (Roadway) Permitting
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State ApprovalsState Approvals
Jurisdictions with “Little NEPA” include:• California• Connecticut• District of Columbia• Georgia• Guam• Hawaii• Indiana• Maryland• Massachusetts• Minnesota• Montana• Nevada/California - Tahoe• New Jersey• New York• North Carolina• Puerto Rico• South Dakota• Virginia• Washington• Wisconsin
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State ApprovalsState Approvals
State Energy Facility Siting Commissions/Public Utility Commissions • A single agency with primary
jurisdiction over wind energy projects.
• A dedicated agency oversees all issues relating to the siting of new energy facilities (other agencies participate as interested parties).
• Review usually involves detailed adjudicatory hearings during which attorneys and expert witnesses provide information to a decision maker. May include environmental impact review, superseding any state “little-NEPA” program.
• Some states authorize the state siting agency to override local decisions.
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Federal ApprovalsFederal Approvals
National Environmental Policy Act• NEPA requires federal
agencies to publicly study the environmental impacts of their proposed actions, as well as alternative actions, prior to taking an action.
• Gives the public the opportunity to weigh in before an action is taken
• Doesn’t require the federal government to avoid all environmental impacts – just that it be open and honest about its impacts
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Federal ApprovalsFederal Approvals
Common actions that trigger NEPA on a wind project include:• Federal permit
• Federal land use authorization
• Interconnection to a federally managed transmission line
• Federal funding
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Federal ApprovalsFederal Approvals
Federal Wetland and Waterbody Laws• Section 10 Construction Permit:
Required for construction w/in navigable waters of the U.S. (transmission line crossings, bridges, temporary dams, etc.)
• Section 404 Dredge Permit: Required for dredging or disposal of dredged or fill material in navigable waters. This permit is required for any construction within federal wetlands.
– Individual or general permits issued on a state, regional or national basis
• States issue Section 401 Certification
• Requires Section 7 and Section 106 consultations
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Federal ApprovalsFederal Approvals
National Pollutant Discharge Elimination System (NPDES) permits for stormwater • Most states and some Indian tribes are
authorized by the USEPA to implement the NPDES permitting program.
• During pre-construction and construction, a NPDES Stormwater Permit for Construction Activities is required for any ground disturbance in excess of one acre.
• Some states require a NPDES Stormwater Permit for the operating facility
• Preparation of a Stormwater Pollution Prevention Plan is required (SWPPP)
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Federal ApprovalsFederal Approvals
Endangered Species Act and other Wildlife Protection Laws
• ESA Section 9 prohibits unauthorized take of endangered wildlife. The ESA regulations extend this to threatened animals.
• Section 11(b) makes it a crime to knowingly "take" an endangered species without a permit.
• Section 7 prohibits federal agencies from approving projects that are “likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat.”
– If a project requires a federal permit, Section 7 consultation will occur as part of federal permit review.
» Many wind projects do not require any federal permits. In those situations, wind developers are advised to conduct a voluntary consultation with the USFWS under Section 10 to avoid penalties for unauthorized take, which range from civil fines, criminal penalties (including incarceration), and potentially, injunctions against operation of the wind project.
• Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act also relevant
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Federal ApprovalsFederal Approvals
National Historic Preservation Act• Section 106 Consultation
identifies possible conflicts between historic preservation objectives and a proposed federal activity
• NHPA does not require that all cultural resources must be preserved. It requires the federal agency to consider the effects of proposed on cultural resources.
• Typically requires consultation with the State Historic Preservation Office (SHPO) and any potentially affected Native American tribes
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Federal ApprovalsFederal Approvals
Federal Aviation Administration Clearances• Early study potential for
conflicts with civilian and military airspace and military radar
• The FAA requires a Notice of Proposed Construction (NPC) (Form 7460-1) for any structure greater than 200 feet above ground level
• If there is a Determination of Hazard, you need an attorney
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Federal ApprovalsFederal Approvals
Federal Land Use Authorizations• Special rules apply to acquiring the
right to build wind turbines on federally managed lands; Get consultant who has been through the process:
– Bureau of Land Management– US Forest Service– Bureau of Reclamation– Department of Defense– Bureau of Indian Affairs
• NEPA compliance is required Federal Transmission Line
Interconnections• NEPA compliance is required
• Triggers Section 7 and Section 106 consultation
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AWEA Siting Guide!AWEA Siting Guide!
http://www.awea.org/sitinghandbook/ Prepared by Tetra Tech and Nixon Peabody Live, regularly updated links to hundreds of sources for
environmental study and permitting
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Tetra TechTetra Tech
Tetra Tech, Inc provides environmental, engineering, and construction services to the three phases of a wind project: development, construction, and operation.
Publicly traded company (TTEK) Chosen by Smart Money magazine as one of the “10
Stocks for the Next 10 Years” Annual revenues in excess of $1.4 billion; financial
strength to stand behind large wind energy projects, including EPC & BOP
Over 8,500 employees in 250 offices world-wide Consistently ranked in Engineering News Record as one
of the top ten
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Tetra TechTetra Tech
Acquisition of The Delaney Group – a well-respected leader in renewable energy construction
Experienced energy staff in all disciplines More than 6 million hours without a lost work day over
past two years• Injury rate is ¼ the national average
• 70+ National Safety Council awards
• Employee health and safety perception rating in top 2% nation-wide
ISO 14001 Certification for all services• First major full-service firm to earn certification with such broad
coverage ISO 9001 Certification for Wind Engineering
• Documented quality procedures and systems to meet global standards and expectations
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Tetra Tech’s Services for WindTetra Tech’s Services for Wind