Conn. Agencies Regs. § 16-50j-94

Current through November 7, 2024

Section 16-50j-94 - Additional information required

(a)Notification.

In addition to the notification requirements under Subsection (d) of Section 16-50j-12 of the Regulations of Connecticut State Agencies, as applicable, each application for a certificate or petition for a declaratory ruling for a wind turbine facility shall be accompanied by proof of service of a copy of the application or petition for a declaratory ruling on the following entities:

(1) Department of Defense. The applicant or petitioner shall notify and consult with the Executive Director of the Department of Defense Siting Clearinghouse and the Department of Defense Regional Environmental Coordinator at Commander, Navy Region Mid-Atlantic. Any comments and recommendations received from the Department of Defense shall be submitted to the Council.

(2) Federal Aviation Administration. The applicant or petitioner shall notify and consult with the Federal Aviation Administration. Any comments and recommendations received from the Federal Aviation Administration shall be submitted to the Council.

(3) State Historic Preservation Office. The applicant or petitioner shall notify and consult with the State Historic Preservation Office, or its successor agency. Any comments and recommendations received from the State Historic Preservation Office, or its successor agency, shall be submitted to the Council.

(4) Telecommunications Infrastructure Owners and Operators. The applicant or petitioner shall notify and consult with public and private owners and operators of telecommunications infrastructure within a two-mile radius of the proposed site and any alternative sites for wind turbine facilities. Any comments or recommendations received from the owners and operators of telecommunications infrastructure shall be submitted to the Council.

(b)Abutting properties map.

The applicant or petitioner shall submit a map that depicts the dimensions of the proposed site and any alternative sites, the names and addresses of abutting property owners and the dimensions of the abutting properties that clearly delineates the setback distance in feet from each of the proposed wind turbine locations and any alternative wind turbine locations for the proposed site and any alternative sites to each abutting property line.

(c)Visual Impact Evaluation Report.

The applicant or petitioner shall submit a visual impact evaluation report that analyzes the potential visibility of each of the proposed wind turbine locations and any alternative wind turbine locations for the proposed site and any alternative sites that includes:

(1) A detailed description of the potential visibility of each of the proposed wind turbine locations and any alternative wind turbine locations for the proposed site and any alternative sites, including a description of the potential visibility of the wind turbine heights, wind turbine tower heights and blade lengths, the sites, surrounding land uses, average tree canopy height and methodology used to evaluate visibility.

(2) A study area map for the proposed site and any alternative sites depicting the view-shed analyses study area radius used in accordance with Subdivision (3) of this section that delineates the view-shed radius, site boundaries of the proposed and any alternative sites, and locations of the photographic simulations submitted in accordance with Subdivision (4) of this section.

(3) View-shed analyses for the proposed site and any alternative sites depicting areas of potential year-round and seasonal visibility of each wind turbine, specifying the wind turbine heights, wind turbine tower heights and blade lengths, using a study area radius that is based on the wind turbine height of each of the proposed wind turbine locations and any alternative wind turbine locations at the proposed site and any alternative sites as follows:

(A) less than 200 feet - 2 mile radius

(B) between 200 feet and 400 feet - 4 mile radius

(C) between 400 feet and 600 feet - 6 mile radius

(D) greater than 600 feet - 8 mile radius

If the study area radius truncates any area of potential year-round and seasonal visibility, the applicant or petitioner shall expand the study area radius to include the entire area of potential visibility. The view-shed analyses shall depict the site boundaries of the proposed site and any alternative sites, the proposed wind turbine locations and any alternative wind turbine locations, town boundaries, and, as applicable, historic sites, historic districts, state and locally designated scenic roads, recreational areas, open space and conservation areas, schools, trails, forests, parks, and water resources.

(4) Photographic simulations from locations that may have potential seasonal and year-round visibility of each of the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites, specifying the visibility of the wind turbine heights, wind turbine tower heights and blade lengths.

(5) Identification of any potential mitigation measures to minimize visual impact, including paint color of the facility, vegetative screening and landscaping.

(6) For wind turbine facilities with a capacity of more than 65 megawatts, the applicant shall submit, as part of the Visual Impact Evaluation Report, a separate view-shed analysis for the proposed site and any alternative sites using a study area radius of 10 miles that depicts the site boundaries, the proposed wind turbine locations and any alternative wind turbine locations, town boundaries, and, as applicable, historic sites, historic districts, state and locally designated scenic roads, recreational areas, open space and conservation areas, schools, trails, forests, parks, water resources, military bases, airports and weather stations. Each such application for a certificate shall be accompanied by proof of service of a copy of the application on all of the municipalities within the 10 mile study area radius.

(d)Noise Evaluation Report.

The applicant or petitioner shall submit a noise evaluation report for each of the proposed wind turbine locations and any alternative wind turbine locations at the proposed site and any alternative sites in accordance with the noise control regulations established by the Department of Energy and Environmental Protection under Sections 22a-69-1 to 22a-69-7, inclusive, of the Regulations of Connecticut State Agencies. The report shall include the following:

(1) A detailed description of the potential noise levels that would be generated by the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites including existing sound levels at the proposed site and any alternative sites, projected sound levels to be generated by the operation of the proposed wind turbines and any alternative wind turbines, the methodology used to monitor and evaluate sound levels, the wind turbine manufacturer's technical documentation of the noise emission characteristics of the proposed wind turbines and any alternative wind turbines, and an analysis of compliance with the noise control regulations established by the Department of Energy and Environmental Protection.

(2) Calculations in accordance with the noise control regulations established by the Department of Energy and Environmental Protection, of projected maximum cumulative sound levels generated when the proposed wind turbines and any alternative wind turbines are in operation at the proposed site and any alternative sites measured at the property lines, projected maximum day-time and night-time sound levels generated when the proposed wind turbines and any alternative wind turbines are in operation measured at the nearest receptors, and projected maximum levels of infrasonic sound, ultrasonic sound, impulsive noise and prominent discrete tones generated when the proposed wind turbines and any alternative wind turbines are in operation at the proposed site and any alternative sites measured at the nearest receptors.

(3) A study area map for the proposed site and any alternative sites depicting the noise analysis study area radius, site boundaries, sound level monitoring locations and nearest receptor locations.

(4) Identification of any potential mitigation measures to minimize sound levels at the nearest receptor locations, including utilization of best practical noise control measures in accordance with Section 22a-69-1 to 22a-69-7, inclusive, of the Regulations of Connecticut State Agencies.

(e)Ice Drop and Ice Throw Evaluation Report.

The applicant or petitioner shall submit an ice drop and ice throw evaluation report for each of the proposed wind turbine locations and any alternative wind turbine locations at the proposed site and any alternative sites that shall include:

(1) A detailed description of the conditions at the proposed site and any alternative sites that may cause ice to be dropped or ice to be thrown, or both, from the wind turbine blades of the proposed wind turbines and any alternative wind turbines, the methodology used to evaluate and assess the risk of ice drop or ice throw, or both, and the wind turbine manufacturer's technical documentation relating to recommended ice drop and ice throw setback distances and installed ice monitoring devices and sensors.

(2) Calculations in feet of the maximum distance that ice could be dropped from the wind turbine blades of each proposed wind turbine and any alternative wind turbines at the proposed site and any alternative sites when the wind turbines are stationary and calculations in feet of the maximum distance that ice could be thrown from the wind turbine blades for each proposed wind turbine and any alternative wind turbines at the proposed site and any alternative sites when the wind turbines are in operation.

(3) A study area map for the proposed site and any alternative sites depicting the ice throw study area radius, site boundaries and locations where ice could be dropped or locations where ice could be thrown from the wind turbine blades, or both, of each proposed wind turbine and any alternative wind turbines at the proposed site and any alternative sites when the wind turbines are stationary and in operation.

(4) Identification of any potential mitigation measures to minimize the risk, occurrence and impact of ice drop or ice throw, or both, from the wind turbine blades of each of the proposed wind turbines and any alternative wind turbines, including automatic and remote manual shutdown of the wind turbines.

(f)Blade Shear Evaluation Report.

The applicant or petitioner shall submit a blade shear evaluation report for each of the proposed wind turbine locations and any alternative wind turbine locations at the proposed site and any alternative sites that shall include:

(1) A detailed description of the conditions at the proposed site and any alternative sites that may cause blade shear from each of the proposed wind turbines and any alternative wind turbines, the methodology used to evaluate and assess the risk of blade shear, and the manufacturer's technical documentation relating to recommended blade shear setback distances and installed blade monitoring devices and sensors.

(2) Calculations in feet of the maximum distance that a blade could be sheared from each of the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites when the wind turbines are stationary and calculations in feet of the maximum distance that a blade could be sheared from each of the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites when the wind turbines are in operation.

(3) A study area map for the proposed site and any alternative sites depicting the blade shear study area radius, site boundaries and locations where a blade could be sheared from each of the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites when the wind turbines are stationary and when the wind turbines are in operation.

(4) Identification of any potential mitigation measures to minimize the risk, occurrence and impact of blade shear from each of the proposed wind turbines and any alternative wind turbines, including automatic and remote manual shutdown of the wind turbines.

(g)Shadow Flicker Evaluation Report.

The applicant or petitioner shall submit a shadow flicker evaluation report for each of the proposed wind turbine locations and any alternative wind turbine locations at the proposed site and any alternative sites that shall include:

(1) A detailed description of the potential shadow-flicker producing features of each of the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites, including, an analysis of conditions that may cause shadow flicker, the methodology used to evaluate shadow flicker and the manufacturer's technical documentation relating to shadow flicker.

(2) Calculations from each proposed wind turbine and any alternative wind turbines at the proposed site and any alternative sites to each off-site occupied structure location within a one-and-a-quarter mile radius, including, the following:

(A) distance in feet;

(B) shadow length and intensity;

(C) shadow flicker frequency;

(D) specific times shadow flicker is predicted to occur; and

(E) duration of shadow flicker measured in total annual hours.

(3) A study area map of the proposed site and any alternative sites depicting the shadow flicker analysis study area radius, site boundaries, locations of the proposed wind turbines and locations of any alternative wind turbines, locations of off-site occupied structures, and areas of shadow flicker occurrence identified according to total annual hours.

(4) Identification of potential mitigation measures to minimize the impact of shadow flicker, including, vegetation, screening and fence construction.

(h)Natural Resource Impact Evaluation Report.

The applicant or petitioner shall submit a natural resource impact evaluation report for the proposed site and any alternative sites that includes bird studies, bat studies, wetland studies, and terrestrial and marine wildlife habitat studies, as applicable. The report shall also include:

(1) A detailed description of the potential natural resource impacts as a result of the construction, operation and maintenance of the proposed wind turbines and any alternative wind turbines at the proposed site and any alternative sites including an analysis of:

(A) the topography, geology, vegetation, soil types, water resources, and avian, terrestrial and marine wildlife habitat areas, as applicable; and

(B) compliance with air and water quality standards of the Department of Energy and Environmental Protection;

(C) compliance with the United States Fish and Wildlife Service Land-Based Wind Energy Guidelines, as applicable; and

(D) compliance with site-specific recommendations provided by the Department of Energy and Environmental Protection Natural Resources Division.

(2) Calculations based on the studies submitted in accordance with this subsection for the proposed site and any alternative sites that include, but are not limited to:

(A) estimated number of bird fatalities;

(B) estimated number of bat fatalities;

(C) total square feet of permanent wetland impacts;

(D) total square feet of temporary wetland impacts;

(E) total square feet of permanent terrestrial and marine wildlife habitat impacts, as applicable;

(F) total square feet of temporary terrestrial and marine wildlife habitat impacts, as applicable;

(G) total acreage of site disturbance;

(H) total acreage of site restoration;

(I) total volume in cubic yards of cut required; and

(J) total volume in cubic yards of fill required.

(3) A study area map for the proposed site and any alternative sites depicting the natural resource impact analysis study area radius, site boundaries and locations of, as applicable, important bird areas, bat hibernacula, terrestrial and marine wildlife habitat, as applicable, flood zones, wetlands and watercourses, forests, recreational areas, open space and conservation areas.

(4) Identification of potential mitigation measures to minimize natural resource impacts including, recommended protocols for protection of wetlands and wildlife, proposed open space or conservation areas, minimization of tree clearing, erosion and sedimentation controls, soil stabilization, re-vegetation and post-construction monitoring plans for avian, terrestrial and marine wildlife, as applicable.

(5) For wind turbine facilities with a capacity of more than 65 megawatts, the applicant shall submit, as part of the Natural Resource Impact Evaluation Report, a Terrestrial Habitat Conservation plan for land-based wind turbine facilities or a Marine Habitat Conservation Plan for off-shore wind turbine facilities, for the proposed site and any alternative sites. The applicant shall consult with the United States Fish and Wildlife Service and the Department of Energy and Environmental Protection in the development of the Terrestrial or Marine Habitat Conservation Plan.

(i)Decommissioning Plan.

Any application for a certificate for a wind turbine facility or petition for a declaratory ruling for a wind turbine facility shall contain a decommissioning plan for the proposed site and any alternative sites that shall include:

(1) the projected useful life of the wind turbines;

(2) identification of any circumstances that would trigger decommissioning of the facility in advance of the projected useful life of the wind turbines;

(3) a description of the method by which foundations, wind turbines, associated equipment and components will be dismantled and removed;

(4) a description of the method by which the site will be restored as near as possible to its original condition, including, stabilization, re-grading and re-vegetation;

(5) an estimate of the total cost of implementing the decommissioning plan calculated by a certified professional engineer based on the projected useful life and the projected salvage value of the facility; and

(6) financial assurance to ensure that sufficient funds are available for decommissioning the facility.

For purposes of this section, financial assurance may include a performance bond, surety bond, letter of credit, corporate guarantee, escrow, deposit, insurance, certificate of deposit, domestic security, trust, any combination of such financial devices, or any other form of financial device that is acceptable to the Council to ensure sufficient funds are available for decommissioning the facility.

(j)Waivers.

(1)Agreements. Pursuant to Section 16-50o of the Connecticut General Statutes, the applicant or petitioner shall submit any agreements entered into with any abutting property owner of record to waive the requirements under subsections (a) and (c) of section 16-50j-95 of the Regulations of Connecticut State Agencies.

(2)Requests. The applicant or petitioner shall submit to the Council any request for a waiver of the requirements under subsections (a) and (c) of section 16-50j-95 of the Regulations of Connecticut State Agencies at the time an application or petition is filed with the Council. If the Council finds good cause for a waiver of the requirements under subsections (a) and (c) of section 16-50j-95 of the Regulations of Connecticut State Agencies during a public hearing, the applicant or petitioner shall provide notice by certified mail to the abutting property owner of record that includes, the following:

(A) notice of the requirements under subsections (a) and (c) of section 16-50j-95 of the Regulations of Connecticut State Agencies;

(B) notice of the criteria considered for a good cause determination to waive the requirements under subsections (a) and (c) of section 16-50j-95 of the Regulations of Connecticut State Agencies;

(C) notice of the wind turbine manufacturer's recommended setback distances; and

(D) notice that the abutting property owner of record is granted a 30-day period of time from the date notice by certified mail is sent to an abutting property owner of record to provide written comments on the proposed waiver of the requirements under subsections (a) and (c) of section 16-50j-95 of the Regulations of Connecticut State Agencies to the Council or to file a request for party or intervenor status with the Council pursuant to Sections 16-50j-13 to 16-50j-17, inclusive, of the Regulations of Connecticut State Agencies.

Conn. Agencies Regs. § 16-50j-94

Effective May 9, 2014