november 13, 2019 - maine...2019/11/13  · mdep | 11.13.2019 | 11657.006 november 13, 2019 maine...

11
MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor, ME 04401 Re: Silver Maple Wind Project | Proposed Wind Power Facility, Clifton, Maine Dear Jessica: We are in receipt of your email messaged dated 11/6/2019 regarding the completeness review of the above noted application. The following, and attached information, represents the response to your questions and requests: 1. Signed application Form We reviewed the original submitted information and we believe all the applications were signed properly. We have attached copies of the signed signature pages in the event you did not receive them. 2. Expectation of the typical viewer The applicant has considered the visual impact at the scenic resource of the state or national significance (SRSNS) from the typical viewer at each of these locations. The applicant has contacted the visual impact professional and a full report further describing Chapter 382(3)(D) is being prepared and will be submitted on or before 11/18/2019. 3. Permit-By-Rule application for stream crossing A completed PBR application is attached for the proposed intermittent drainage crossing associated with the project. 4. Evidence of Fire Response Attached is a letter from the Town of Eddington Fire Chief indicating their department will respond to any fire issues at the project site. 5. Evidence of power purchase As described in the submitted application, the Silver Maple Wind Project has not fully contracted a power purchase agreement for the energy that will be produced by the project. SWEB Development USA, LLC plans to continue to explore options for energy sales in the area of Northern Maine and Southern New England with one or more counterparties. The project will also sell renewable energy credits (RECs) within New England. At this time SWEB Development USA, LLC has not finalized either of these agreements. Generally, these agreements require an approved project with determined generation rates.

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Page 1: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

MDEP | 11.13.2019 | 11657.006

November 13, 2019

Maine Department of Environmental Protection

Attn: Jessica Damon

106 Hogan Road

Bangor, ME 04401

Re: Silver Maple Wind Project | Proposed Wind Power Facility, Clifton, Maine

Dear Jessica:

We are in receipt of your email messaged dated 11/6/2019 regarding the completeness review of

the above noted application. The following, and attached information, represents the response to

your questions and requests:

1. Signed application Form – We reviewed the original submitted information and we believe all

the applications were signed properly. We have attached copies of the signed signature

pages in the event you did not receive them.

2. Expectation of the typical viewer – The applicant has considered the visual impact at the

scenic resource of the state or national significance (SRSNS) from the typical viewer at each

of these locations. The applicant has contacted the visual impact professional and a full report

further describing Chapter 382(3)(D) is being prepared and will be submitted on or before

11/18/2019.

3. Permit-By-Rule application for stream crossing – A completed PBR application is attached

for the proposed intermittent drainage crossing associated with the project.

4. Evidence of Fire Response – Attached is a letter from the Town of Eddington Fire Chief

indicating their department will respond to any fire issues at the project site.

5. Evidence of power purchase – As described in the submitted application, the Silver Maple

Wind Project has not fully contracted a power purchase agreement for the energy that will be

produced by the project. SWEB Development USA, LLC plans to continue to explore options

for energy sales in the area of Northern Maine and Southern New England with one or more

counterparties. The project will also sell renewable energy credits (RECs) within New

England. At this time SWEB Development USA, LLC has not finalized either of these

agreements. Generally, these agreements require an approved project with determined

generation rates.

Page 2: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

MDEP | 11.13.2016 | 10559.002 | Page 2

6. Discussions of Safety Setback Distances – The proposed project will meet the required safety

setback distances. As described in the application the maximum tower will be 117 meters

(384 feet) and the blades are 68 meters (223 feet). A safety setback of 607 feet has been

shown on the attached plan sheet 102.

If you have any questions, or need any additional information, please feel free to contact us at

any time.

Sincerely,

CES, Inc.

Tim Brochu, Project Manager

Senior Vice President

TB/

Enc.

Page 3: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

FORM A PAGE 2

IMPORTANT: IF THE SIGNATURE BELOW IS NOT THE APPLICANT'S SIGNATURE, ATTACH LETTER OF AGENT AUTHORIZATION SIGNED BY THE APPLICANT.

By signing below the applicant (or authorized agent), certifies that he or she has read and understood the following :

CERTIFICATIONS / SIGNATURES

"I certify under penalty of law that I have personally examined the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I authorize the Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein.

Further, I hereby authorize the DEP to send me an electronically signed decision on the license I am applying for with this application by emailing the decision to the electronic address located on the front page of this application (see #5 for the applicant and #10 for the agent)”..

Signed:__________________________________ Title___________________________Date:_________________________

Notice of Intent to Comply with Maine Construction General Permit

With this Site Law application form and my signature, I am filing notice of my intent to carry out work which meets the requirements of the Maine Construction General Permit (MCGP). I have read and will comply with all of the MCGP standards.

If this form is not being signed by the landowner or lessee of the property, attach documentation showing authorization to sign.

Signed_________________________________________Date:_______________________

NOTE: You must file a MCGP Notice of Termination (Form K) within 20 days of completing permanent stabilization of the project site.

CERTIFICATION

The person responsible for preparing this application and/or attaching pertinent site and design information hereto, by

signing below, certifies that the application for development approval is complete and accurate to the best of his/her

knowledge.

Signature: ______________________________ Re/Cert/Lic No.: ____________________________

Engineer __________________________________

Name (print): __________________________ Geologist __________________________________

Soil Scientist _______________________________

Date: __________________________________ Land Surveyor _____________________________

Site Evaluator ______________________________

Active Member of the Maine Bar _______________

Professional Landscape Architect ______________

Other _____________________________________

Michael CareyDevelopment Manager - SWEB Development USA, LLC

Oct 03, 2019

Michael Carey Oct 03, 2019

Dan
Stamp
Dan
Stamp
Page 4: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,
Page 5: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,
Page 6: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

SWEB | 11.13.2019 | 11657.004

Brief Project Description:

The proposed stream crossing will include replacement and extension of two existing 24” culverts

located within the existing gravel site access roadway. The natural resource investigations

included in the application determined that this drainage would be considered, and intermittent

drainage and the area does not include any associated wetland areas. The channel exhibits

conditions which indicate that it is dry for the most part of the year. The proposed culverts will be

installed in the same location as the existing and will be extended to encompass proposed

roadway fill slopes. The total length of the new culverts will be less than 75 feet and the installation

will be installed between July 14 and October 2 of the calendar year.

Directions to the site:

The proposed crossing will be located at approximately station 3+70 of access roadway 2 as

shown on the site location application drawings. To access the site, turn right onto the springy

Pond Road from route 180. Travel approximately one mile and turn right into a gravel road which

runs through an active gravel pit. Stay on gravel road for approximately 2.25 miles and site is

approximately 400 feet in a straight line from the roadway turn to the Pisgah Mountain Wind Farm.

Page 7: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

CROSSING

SOURCE:

U.S.G.S. TOPOGRAPHIC QUADRANGLE

Terrain N

avigator,©

M

aptech 800-627-7236

SILVER MAPLE WIND ENERGY PROJECT

CLIFTON, MAINE

2019-11-13

11657.006

CHEMO POND

LOCATION MAP

@ 1:24,000

Page 8: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

DelawareThe First State

Page 1

5606821 8315 Authentication: 203459119

SR# 20196666416 Date: 08-22-19You may verify this certificate online at corp.delaware.gov/authver.shtml

I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF

DELAWARE, DO HEREBY CERTIFY THAT "SWEB DEVELOPMENT USA, LLC" IS

DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD

STANDING AND HAS A LEGAL EXISTENCE NOT HAVING BEEN CANCELLED OR

REVOKED SO FAR AS THE RECORDS OF THIS OFFICE SHOW AND IS DULY

AUTHORIZED TO TRANSACT BUSINESS.

THE FOLLOWING DOCUMENTS HAVE BEEN FILED:

CERTIFICATE OF FORMATION, FILED THE NINETEENTH DAY OF

SEPTEMBER, A.D. 2014, AT 1:41 O`CLOCK P.M.

AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID

CERTIFICATE IS THE ONLY PAPER OF RECORD, THE LIMITED LIABILITY

COMPANY IN QUESTION NOT HAVING FILED AN AMENDMENT NOR HAVING

MADE ANY CHANGE WHATSOEVER IN THE ORIGINAL CERTIFICATE AS FILED.

AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE

BEEN PAID TO DATE.

Exhibit 3.2

Page 9: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

EddinI±&ffl906 Main Road Eddington, Maine 04428

May 20, 2019

Mr. Paul FullerSilver Maple Wind Farm129 7th St.Bangor, ME

Dear Mr. Fuller,

It was a pleasure to meet with you on April 22nd and discuss the Pisgch Mountain Phase 2project. As a result of our discussion I have noted the following:

i. Vehicle access to the facility is sufficicnt to enable us to safely get an ambulance or fireapparatus to all portions of the site. This is with the assumption that the roadways aremaintained, inclusive of snow removal during the winter.

2. It is our understanding that whenever work is being done inside or on top of the wind towersthataminimum3-personcrewwillbeworking.All3workerswillbetrainedinhighanglerescue and will have all the equipment necessary to successfully affect a technical rescuefrom any of the towers. This essentially eliminates the need for our department and ourmutual aid departments to obtain high angle rescue equipment and technical training. Withthatanangementinplaceourresponsibilityforpatientcare,intheeventofanincident,willbegin at the base door of the tower.

3. In the event that an incident dces occur which requires technical resources from another firedepartmentorprivateentitySilverMapleWindFarmwi]lassumeresponsibilityforallfinancia] costs incurred.

4. Within the next 2 years, when your persormel re-certify in high angle rescue, we would beinterestedinsendingacoupleofourfirefighterswithyoutoincreaseourfamiliaritywiththewind tower safety and rescue systems.

5. We will continue to have access for our personnel and personnel from our mutual aiddepartmentstoconductfaniliarizationtrainingatthesite.Anygatekeysthatyoumayprovide us will be kept secured in our fire apparatus.

6. Any calls for medical or fire emergencies will be made to the Penobscot RegionalCommunications Center in Bangor at 945-4636.

`._`1 --.-.. ` -.-,.- ' .. A --.-- ` ---.- I--h ---- I -...-------. ~ -... __rn`..__

Phone: {207} 843.5233 Fax {207) 843-7758

Page 10: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

-__``J

7. You have provided us with contact information for other Vestas persormel who could assistus in the event of an emergency, but who work at other sites, including the O&M Team atBull Hill. This infomation has been forwarded to the Penobscot County RegionalCommunications Center in Banger.

Contacts in the event of an emergency are:

I. Paul Fuller, Manager Pisgch Mountain LLC{207)941-9891pttull.``dl!L`r{{`i+i.c`,li'jc`cl{)iLi{`!ttll{-.eil•, ~ -r`--~ ...,- ~-,~-. ` .,-, `J .--,--

I).r`i||f`u}iil|`{}i=`3'{,.f!.!m`c.lil.1`.0111. ` t `f,`^'

2. Rich williams, Site Manager vestas{802)585-4654liu'.lsi'r'£:!\,.Ltril.Lt:i.ct}il-I--_---=---.i---------I-=--T--------------

3. Nick DurlingSWEB Operations{902)818-7519

4. Justin Picard, Lead TechnicianBull Hill and Hancock(207) 460-6213

I would note that since construction of the wind turbines began at Pisgch Mountain theEddington Fire Department has not received a single call for assistance.

With the above items agreed upon I am satisfied that the Eddington Fire Department will be ableto respond to and address any emergency situation at Pisgah Mountain. Should you have any questionsor concerns please do not hesitate to contact me.

We look forward to working with you in the future.

. -:....:;::`;'`:::.' ..... \:-,:: .,.. ::` -`T`. ,,\..'.`, '

Phone: {207) 843-5233 Fax {207) 843-7758

Page 11: November 13, 2019 - Maine...2019/11/13  · MDEP | 11.13.2019 | 11657.006 November 13, 2019 Maine Department of Environmental Protection Attn: Jessica Damon 106 Hogan Road Bangor,

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SETBACK FROM

TOWER (TYP)

PLAN REFERENCE:

"AREA OWNERSHIP OVERLAY, PISGAH MOUNTAIN, LLC., PENOBSCOT

COUNTY REGISTRY OF DEEDS, BOOK 11762, PAGE 317, CLIFTON,

MAINE." PLAN CREATED BY PLISGA & DAY LAND SURVEYORS. PLAN

DATED FEBRUARY 9, 2010/

NOTE:

DOCUMENTS REFERENCED ON THIS PLAN ARE RECORDED IN PENOBSCOT COUNTY

REGISTRY OF DEEDS UNLESS OTHERWISE NOTED.

AREA OWNERSHIP PLAN

FOR

SILVER MAPLE WIND

ENERGY PROJECT

CLIFTON, MAINE

TOWER LOCATIONS:

1 LAT 44-46-46.192 LONG -68-31-8.620

2 LAT 44-46-34.806 LONG -68-31-0.972

3 LAT 44-46-24.226 LONG -68-30-50.374

4 LAT 44-46-8.262 LONG -68-31-11.292

5 LAT 44-45-56.968 LONG -68-31-1.387

NOTE:

1.) GRID LINES SHOWN BASED ON OFFSETS FORM

CLIFTON / EDDINGTON TOWN LINE TO THE WEST AND

CLIFTON / OTIS TOWN LINE FROM THE SOUTH.

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2019-07-10

WAB TRB

11657.006

102

FOR

PERMITTING ONLY

MAP LOT OWNER

1 1 BANGOR WATER DISTRICT

1 3 BOY SCOUTS OF AMERICA

1 6PAGNOZZI, SHANE T.

2 1

LAUGHN A., DRILLEN (LIVING)

2 4HEFFERNAN, JAMES

2 5GARY M. POMEROY LOGGING, LLC

2 15-5WILLIAM, JOHN M.

2 14WILLIAM, JOHN M.

2 15WILLIAMS, JOHN M.

4 1DOUGHERTY, MARGARET

4 2 BAKER CHARLES

4 4CAMPBELL, JR., JOHN

4 6MCLAUGHLIN, BRUCE C.

4 9INGERSON, GETCHELL

4 18 MATTHEW PERRY

4 17WILLIAMS, JOHN M.

4 8CARR, JAMES F.

4 10EMERY, ROBBIE J.

4 11CARLE, PHYLLIS A.

4 12KINGSBURY, DOREEN M.

5 2-2DAMON, STEVEN, A.

5 25

SENTER, EDNA (TRUSTEE)

5 30MOORE, BARBARA DEBECK

5 28JELLISON, BRIAN M.

5 2-2-21DAMON, STEVEN, A.

5 2-2-2ADAMS, PHILIP L.

5 2-2-3ADAMS, DAVID

5 2-2-4SEEBER, CALEB M.

5 7CUNNINGHAM, DAKOTA A.

5 2-1GRAMMATCO, THOMAS J.

5 15HANSON, SCOTT S.

5 20 TOWN OF CLIFTON

5 21CARON, KEVIN & CINDY

5 22SPAULDING, ELIZABETH

5 23SENTER, EDGAR & EDNA

5 27PERRY, JOSEPH & RUTH

5 26-1OAKES, ETHEL A.

5 26-2COLLINS, LAURENE

5 30-1GATES, CHAD P.

7 7PEASLEY, FRANCES M

7 10CHEEVER, JESSICA ANN

7 8PEASLEY, JANE I.

7 9NICHOLSON, TRAVIS N.

15 1GUSHA, PAULA

15 2OAKES, ETHEL

15 3QUERY, ADRIAN D.

15 4COCHRAN, JOHN & LINDA

15 5WILLIAMS, JOHN & LINDA

15 6WILLIAMS, JOHN & LINDA

15 7PAGELS, STEVEN

15 8STEVEN, PAGELS

15 9RUSSO, ALICIA

15 10RUSSO, ALICIA

15 11HEFFERNAN, JAMES

15 12BROCHU, CHRISTOPHER J.

15 14SANDERS, JOEL & KRISTEN

15 15POMROY, SYLVIA M.

15 16LEATHERS, DAVID R.

15 17CHAPMAN, DANIEL & NANCY

15 18ROBINSON, JOHN H.

15 19SIEBER, JOHN & PAMELA

15 20LALIME, AMANDA

15 21FARRAR, DAVID & JULIE

15 22NICKERSON, RAYMOND,

15 23LAVERTUE, GALEN & JULIE

15 24

MACLAREN, MAHLON A. (FAMILY TRUST)

15 25PARADIS, ERIC & DEBORAH

15 26IRELAND, JAMES R.

15 27MILLER, JEFFREY & LISA

15 28JELLISON, BRAIN M.

15 29WOLFE, VIRGINIA

15 30SPARKS, MELVIN & SUZANE

15 31JORDAN, DUNCAN W.

15 32NOYES, JILL Q.

15 33PELLETIER, JOEL M.

15 34JORDAN, CATHY

15 35CANGELOSI, AMY E.

15 36OGDEN, MARK W.

15 37PHILBRICK, SCOTT R.

15 38ELLIS, RICHARD & JEAN

15 39CASSUM, CHRISTOPHER, MCCONNELL,

15 40MCCONNELL, KEVIN & JULI

15 41GOODNESS, JEFFREY E.

15 42

DHARIWAL, BINA

17 39BRAGG, ROBERT 7 JUDITH

11/13/2019