Canal Unit 3 and Canal Community Solar
Transcription
Canal Unit 3 and Canal Community Solar
Expanded Environmental Notification Form/ Phase I Waiver Request Canal Unit 3 and Canal Community Solar Submitted to: Massachusetts Environmental Policy Act Office 100 Cambridge Street, Suite 900 Boston, Massachusetts 02114 Prepared for: NRG Canal 3 Development LLC NRG Renew Canal 1 LLC 9 Freezer Road Sandwich, Massachusetts 02563 Prepared by: Tetra Tech, Inc. 238 Littleton Road, Suite 201B Westford, Massachusetts 01886 July 2015 NRG Canal 3 Development LLC NRG Renew Canal 1 LLC 9 Freezer Road Sandwich, Massachusetts 02563 617.529.3874 July 31, 2015 Matthew Beaton, Secretary Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Attn: Deirdre Buckley, Director MEPA Office Re: Expanded Environmental Notification Form/Phase 1 Waiver Request Canal Unit 3 Project and Canal Community Solar Project Sandwich, Massachusetts Dear Secretary Beaton: NRG Canal 3 Development LLC (“NRG Canal 3”) and NRG Renew Canal 1 LLC (“NRG Renew Canal”), both affiliates of NRG Energy, Inc. (“NRG”), are pleased to submit the enclosed Expanded Environmental Notification Form (“ENF”) and Phase I Waiver Request (Expanded ENF). NRG Canal LLC (“NRG Canal”), also an NRG affiliate, owns approximately 88 acres of land in the town of Sandwich, at which the existing Canal Generating Station and ancillary structures and infrastructure currently are located (the Property). The Property is comprised of two separate areas, the 52-acre Northern Area and the 36-acre Southern Area. These two areas are not physically contiguous to one another. Rather, the two areas are bisected by a separate parcel owned by MassDOT and operated as an active railroad right-of-way (ROW) by the Cape Cod Central Railroad. However, due to the common ownership of the two areas and their close proximity to one another, the two areas will be treated as one “property” for purposes of Massachusetts Environmental Policy Act (“MEPA”) review. NRG Canal 3 seeks to permit, construct, and operate a state-of-the-art, fast-starting, dualfueled simple-cycle electric generating facility (“Canal Unit 3”). NRG Canal 3 is proposing to utilize a single General Electric (GE) 7HA.02 combustion turbine, or comparable unit, with an approximate net nominal generating capacity of 330 megawatts (MW) that will operate during peak times of energy demand, for up to 4,380 hours per year. Natural gas will be the primary fuel, with a maximum equivalent of 1,440 hours using the backup fuel, ultra-low sulfur distillate (ULSD), to provide the flexibility and reliability to meet the region’s demonstrated power needs. Canal Unit 3 will include an approximately 215-foot tall stack. NRG Renew Canal seeks to permit, construct, and operate an approximately 1.5-MW state-of-the-art solar photovoltaic community solar array (“Canal Community Solar Project”). NRG Renew Canal is requesting a Phase I Waiver for the Canal Community Solar Project. MEPA review of the two projects is precipitated by the location of the two projects in close proximity to one another and the need for a number of state agency permits and impacts above certain MEPA thresholds related to the Canal Unit 3 project. Taken on its own, the Canal Community Solar Project would not require any state permits nor would it exceed any threshold requiring the mandatory preparation of an Environmental Impact Report (“EIR”). Accordingly, in conjunction with the Expanded ENF, and in accordance with 301 CMR 11.11(5), we request that the Canal Community Solar Project be issued a Phase I Waiver in order to allow development of the Canal Community Solar Project to commence construction and operation prior to completion of the MEPA review process for the Canal Unit 3 Project. NRG Canal 3 is fully committed to prepare a comprehensive Draft and a Final EIR in connection with MEPA review of the Canal Unit 3 project. Pursuant to 301 CMR 11.11(1) Standards for all Waivers, the Secretary may waive requirements of provisions of the MEPA regulations if the Secretary finds that strict compliance with those provisions would: (a) result in a hardship for the Proponent, unless based on delay in compliance by the Proponent; and (b) not serve to avoid or minimize damage to the environment. In addition, pursuant to 301 CMR 11.11(4) Determination for Phase I Waiver, the Secretary must find that (a) the potential environmental impacts of phase one, taken alone are insignificant; (b) ample and unconstrained infrastructure facilities and services exist to support phase one; (c) the Project is severable, such that phase one does not require the implementation of any other future phase of the Project or restrict the means by which potential environmental impacts from any other phase of the Project may be avoided, minimized or mitigated; and (d) the Agency Action on phase one will contain terms such as a condition or restriction in a Permit, contract or other relevant document approving or allowing the Agency Action, or other evidence satisfactory to the Secretary, so as to ensure due compliance with MEPA and 301 CMR 11.00 prior to commencement of any other phase of the Project. As set forth in the Expanded ENF, the Canal Community Solar Project meets all standards for grant of the Phase I Waiver. The Canal Community Solar project involves minimal environmental impacts. In contrast, the Canal Community Solar project offers significant benefits in terms of both making clean, renewable energy available to residents of Massachusetts and offsetting carbon emissions that would otherwise be generated by older, more polluting generating units. Further, a Phase I Waiver for the Canal Community Solar Project will enable the project to take advantage of critical solar Investment Tax Credits (ITC), which are set to expire at the end of 2016. Absent the ITC, the Canal Community Solar Project is not 2 economically viable and NRG Renew Canal would not construct the project. Accordingly, without the grant of the Phase I Waiver, the Canal Community Solar Project – and the benefits resulting from the project – will not occur. Based on the foregoing, we request that you issue a Phase I Waiver for the Canal Community Solar Project. Further, we request that you publish notice and availability of the Expanded ENF for public review in the next edition of The Environmental Monitor. We appreciate your consideration of the Phase I Waiver Request and look forward to working with you. Please contact me anytime at (617)529.3874 or [email protected] if you have any questions. Very truly yours, Shawn Konary Senior Director, Environmental – East Region NRG Energy, Inc. Copies: Paul Niedzwiecki, Thomas Atkins, Judith Lagano, Lauren Liss, Fred Sellars, File Executive Director, Cape Cod Commission NRG NRG Rubin and Rudman TetraTech 3 Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Massachusetts Environmental Policy Act (MEPA) Office Environmental Notification Form For Office Use Only EEA#: MEPA Analyst: The information requested on this form must be completed in order to submit a document electronically for review under the Massachusetts Environmental Policy Act, 301 CMR 11.00. Project Name: (1) Canal Unit 3; (2) Canal Community Solar Street Address: 9 Freezer Road Municipality: Sandwich Watershed: Cape Cod Universal Transverse Mercator Coordinates: Latitude: 41.770688 Zone 19N Easting: 374813.5; Northing: 4625412.7 Longitude: -70.506177 Estimated commencement date: (1) June 2017; Estimated completion date: (1) June 2019; (2) May 2016 (2) September 2016 Project Type: Energy Status of project design: 15 % complete Proponent: (1) NRG Canal 3 Development LLC; (2) NRG Renew Canal 1 LLC Street Address: 9 Freezer Road Municipality: Sandwich State: MA Zip Code: 02563 Name of Contact Person: Jackie Bruce Firm/Agency: Tetra Tech, Inc. Street Address: 238 Littleton Road, Suite 201B Municipality: Westford State: MA Zip Code: 01886 Phone: 978-212-3284 Fax: 978-692-4592 E-mail: [email protected] Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)? Yes No If this is an Expanded Environmental Notification Form (ENF) (see 301 CMR 11.05(7)) or a Notice of Project Change (NPC), are you requesting: a Single EIR? (see 301 CMR 11.06(8)) a Special Review Procedure? (see 301CMR 11.09) a Waiver of mandatory EIR? (see 301 CMR 11.11) a Phase I Waiver? (see 301 CMR 11.11) Yes Yes Yes Yes No No No No – See Attachment 2 (Note: Greenhouse Gas Emissions analysis must be included in the Expanded ENF.) Which MEPA review threshold(s) does the project meet or exceed (see 301 CMR 11.03)? 11.03(3)(b)1.f – Alteration of ½ or more acres of any other wetlands (Land Subject to Coastal Storm Flowage [LSCSF]) 11.03(7)(a)1 – New electric generating facility with a capacity of 100 or more MW 11.03(8)(a)2. – Modification of an existing Stationary Source with federal potential emissions that collectively will result, after construction and the imposition of required controls, of 75,000 tpy of GHGs based on CO2 equivalent 11.03(8)(b)2 – Modification of an existing major stationary source resulting in a "significant net increase" in actual emissions, provided that the stationary source or facility is major for the pollutant, emission of which is increased by: 15 tpy of PM as PM10; 100 tpy of CO; 40 tpy of SO2; 25 tpy of VOC or NOx; 0.6 tpy of lead Effective January 2011 1616571_1 Which State Agency Permits will the project require? Energy Facilities Siting Board (EFSB) – Approval of Petition to Construct Department of Public Utilities (DPU) – Approval of Request for Exemptions from Zoning Massachusetts Department of Environmental Protection (MassDEP) New Source Review (NSR)/Air Plan Approval/Title V Operating Permit Modification MassDEP Federal Prevention of Significant Deterioration (PSD) Permit MassDEP Determination of Applicability and/or Order of Conditions under Wetlands Protection Act – associated with Lands Subject to Coastal Storm Flowage State Fire Marshall Hazardous Substance Tank Approval Massachusetts Department of Transportation (MassDOT) Approval under M.G.L. Ch. 40, Section 54A Water Management Act Approval Identify any financial assistance or land transfer from an Agency of the Commonwealth, including the Agency name and the amount of funding or land area in acres: Not Applicable. Summary of Project Size & Environmental Impacts LAND Existing Total site acreage New acres of land altered Acres of impervious area Square feet of new bordering vegetated wetlands alteration Square feet of new other wetland alteration (LSCSF) Acres of new non-water dependent use of tidelands or waterways Change Total Simple-Cycle Solar 10.6 4.5 8.2 0.4 0 0 461,736 13,504 0 0 160,000 0 500 45,200 0 0 344,124 0 0 549,324 0 500 100 75 0 0 0 0 100 75 881 16 20.9 STRUCTURES Gross square footage Number of housing units Maximum height (feet) TRANSPORTATION Vehicle trips per day Parking spaces WASTEWATER 449,3152 125,129 0 Water Use (Gallons per day) 3 518,449,315 125,129 0 Water withdrawal (GPD) 664,0004 2,673 0 Wastewater generation/treatment (GPD) ---Length of water mains (miles) ---Length of sewer mains (miles) Has this project been filed with MEPA before? Yes (EEA # ) No Has any project on this site been filed with MEPA before? Yes (EEA # 11703 ) No 1 574,444 518,574,444 666,673 Property is bisected by a railroad corridor owned in fee by MassDOT; 52 acres lie north of the railroad, and 36 acres lie south of the railroad Consumptive use from existing wells 3 Includes daily non-contact cooling water and well water withdrawal 4 Process and sanitary wastewater; does not include non-contact cooling water 2 -21616571_1 --- GENERAL PROJECT INFORMATION – all proponents must fill out this section PROJECT DESCRIPTION: Describe the existing conditions and land uses on the project site: NRG Canal LLC owns approximately 88 acres of land in the Town of Sandwich at which the existing Canal Generating Station, ancillary structures and infrastructure are currently located (the Property). As shown on Figure 1, the Property is comprised of two separate areas. As described further below, the two areas are not physically contiguous to one another. Rather, the two areas are bisected by a separate parcel owned by MassDOT and operated as an active railroad right-of-way (ROW) by the Cape Cod Central Railroad. However, due to the common ownership of the two areas and their close proximity to one another, the two areas will be treated as one “property” for purposes of MEPA review. The northern portion of the Property (the Northern Area) comprises approximately 52 acres, approximately 48 acres of land above water and 4 acres of land under the water, on which in-water work was completed for infrastructure associated with the existing Canal Generating Station. The Northern Area is bounded by Freezer Road and land owned by the United States Army Corps of Engineers (USACE) to the east; by Canal Service Road and the Cape Cod Canal to the north; the Town of Bourne to the west; and Rickey’s Road and the railroad ROW to the south. The existing Canal Generating Station occupies the western portion of the Northern Area. The Northern Area is located within the Massachusetts Coastal Zone and a majority of the Northern Area is located within the FEMA-Mapped 100-year flood zone. The Northern Area is zoned “Industrial Limited.” The majority of the Northern Area is currently developed to support the existing Canal Generating Station, which includes two dual-fueled electric generation units totaling approximately 1,120 megawatts (MW), a 498-foot high exhaust stack, several aboveground oil storage tanks, ammonia storage tanks, and appurtenant structures and infrastructure. The Canal Generating Station connects to an existing NSTAR Electric Company d/b/a Eversource Energy (Eversource) switchyard located to the south of the Northern Area across Rickey’s Road and the railroad ROW. The southern portion of the Property (the Southern Area) comprises approximately 36 acres of land within the Property. The Southern Area is bounded by the Town of Bourne to the west; Route 6A and Tupper Road to the south; an active railroad ROW, owned by MassDOT, to the north; and undeveloped property owned by Eversource to the east. The northern portion of the Southern Area is occupied by two large aboveground oil storage tanks which service the existing Canal Generating Station, and by several unimproved roadways traversing the property. A 360-foot wide transmission corridor, held by Eversource under easement, occupies the eastern section of the Southern Area. The Southern Area, which is separated from the Northern Area by an active railroad corridor, is zoned “Business Limited 1.” The Southern Area is located within the Massachusetts Coastal Zone, with a portion located within the FEMA-mapped 100-year flood zone. Describe the proposed project and its programmatic and physical elements: NRG Energy, Inc. (NRG Energy) is a Fortune 200 energy company, supporting clean energy resources and technologies critical to our transition to a sustainable, low-carbon society. NRG’s diverse power generating facilities have a capacity of over 50,000 MW, capable of supporting nearly 1/3 of the U.S. population. NRG electricity providers serve nearly 3 million retail customers. NRG Canal 3 Development LLC (NRG Canal 3) is a business affiliate of NRG Energy’s Wholesale Business division, a separate business unit within NRG Energy focusing on wholesale electricity generation. NRG Renew Canal 1 LLC (NRG Renew Canal) is a business affiliate of NRG Energy’s Renew division, a separate business unit within NRG Energy focusing on renewable energy projects. Canal Unit 3 Project: NRG Canal 3 seeks to permit, construct, and operate a state-of-the-art, fast-starting, dual-fueled simple-cycle electric generating facility (Canal Unit 3) proposed on the Northern Area. Canal Unit 3 will utilize a single General Electric (GE) 7HA.02 combustion turbine, or comparable turbine, with an approximate net nominal capacity of 330 MW and will operate during peak times of energy demand, for up to 4,380 hours per year with a maximum of 1,440 -31616571_1 hours on ultra-low sulfur distillate (ULSD) to provide the flexibility and reliability to meet the region’s demonstrated power needs. Canal Unit 3 will include an approximately 215-foot tall stack. The proposed Canal Unit 3 will be located on approximately 12 acres on the Northern Area (the Simple-Cycle Site), of which Canal Unit 3 will permanent occupy 10.6 acres, with natural gas and ULSD interconnections running west-to-east along existing interconnection corridors. The Simple-Cycle Site is currently occupied by concrete-slab, aluminum-sided warehouses, two ammonia storage tanks, several temporary trailers, and hard-packed open area used for temporary parking. An electrical interconnection will connect Canal Unit 3 to the existing electrical grid via the Eversource-owned switchyard, located to the south from the Northern Area, across Rickey’s Road and the Cape Cod Central Railroad ROW, owned by MassDOT. Temporary use of land within the Northern Area will occur during construction for parking and laydown. The proposed in-service date for Canal Unit 3 is June 2019. Canal Unit 3 will apply Lowest Achievable Emission Rate and Best Available Control Technology, as appropriate and will demonstrate compliance with all applicable National Ambient Air Quality Standards and Prevention of Significant Deterioration Increments. As such, there will be no significant adverse impact to air quality. Canal Unit 3 will also comply with all applicable GHG regulations and policies, including the Global Warming Solutions Act. Canal Unit 3 will have minimal impact on water resources by utilizing a previously developed, but not currently used, water supply well that has been demonstrated to provide a safe yield well in excess of demand requirements. Further, Canal Unit 3 will recycle waste water in a near-zero liquid discharge system, avoiding any discharge to the Cape Cod Canal. Canal Unit 3 will not impact wetlands except Land Subject to Coastal Storm Flowage, and no in-water work is proposed, nor is any work proposed in filled tidelands. No impact to protected species is anticipated as there are no mapped habitats on the Simple-Cycle Site. Impacts to traffic would be limited in duration to the construction period, and traffic arrival times and routes will be coordinated with the Town of Sandwich. No significant noise impacts are anticipated as the new unit will be housed in an acoustically treated enclosure. Compliance with all applicable state and local noise standards will be demonstrated. Although located in an historic district, the new unit is proposed on land that has previously been significantly altered. Therefore, no impact to archaeological resources are anticipated. Further, the new unit will be compatible with the existing units, minimizing any change in visual character. Canal Community Solar: NRG Renew Canal seeks to permit, construct, and operate a state-of-the-art solar photovoltaic array (Canal Community Solar) proposed on the Southern Area. Canal Community Solar will be located on approximately 10 acres of the 36-acre Southern Area (the Solar Site), of which Canal Community Solar will permanently occupy 8.2 acres, adjacent to the south of existing oil tanks which serve the existing Canal Generating Station and west of the Eversource electrical transmission ROW. The Solar Site is currently unoccupied, comprised of a mix of open fields, scrub/shrub, and wooded vegetation. Access will continue to be from an existing access road from Tupper Road. Canal Community Solar will utilize approximately 305 watt solar panels, similar or equivalent to the LG305N1C-B3 60 modules, with an approximate net nominal generating capacity of approximately 1.5 MW. With an average height of between 6 and 8 feet above ground level, the panels will be spaced based on the existing grading and tilted between 20 and 30 degrees. Rainwater that runs off the panels can either enter the seeded ground which lies under the solar array, or flow into the two vegetated bio-retention stormwater areas, totaling approximately 0.3 acre, which are proposed in the northeastern part of the Solar Site. A 60-foot wide corridor will be cut/cleared to create a shading clearance along the southern edge of each of two groupings of solar panels. The two solar arrays are currently contemplated to connect into the existing Eversource 22.8-kV overhead distribution circuit which follows Route 6A, south of the Solar Site. A new 22.8-kV three-phase overhead circuit will be constructed on the Solar Site, abutting Route 6A, with two underground 22.8-kV three-phase circuits trenched along the western and eastern edges of the Solar Site to connect Arrays 1 and 2, respectively. A padmount 22.8-kV to 480-volt transformer -41616571_1 and 480 volt main panelboard will connect each array to the underground circuit. The proposed in-service date for Canal Community Solar is around or about September 30, 2016. Canal Community Solar is described in more detail in the Expanded ENF/Phase I Waiver Report (Attachment 2). NOTE: The project description should summarize both the project’s direct and indirect impacts (including construction period impacts) in terms of their magnitude, geographic extent, duration and frequency, and reversibility, as applicable. It should also discuss the infrastructure requirements of the project and the capacity of the municipal and/or regional infrastructure to sustain these requirements into the future. Describe the on-site project alternatives (and alternative off-site locations, if applicable), considered by the proponent, including at least one feasible alternative that is allowed under current zoning, and the reason(s) that they were not selected as the preferred alternative: Alternatives to Canal Community Solar are described in the Expanded ENF/Phase I Waiver Request (Attachment 2). Canal Unit 3 Project alternatives are described below. The purpose of Canal Unit 3 is to respond to an acknowledged need for additional electrical generating capacity in the Independent System Operator – New England (ISO-NE) system, especially during periods of peak demand. NRG Canal 3’s parent indirect corporation/affiliate, NRG Energy, considered a range of off-site and on-site alternative locations, as well as alternative technologies and sizes for the proposed Canal Unit 3. In selecting the location of the proposed Canal Unit 3, NRG Energy determined that the addition of capacity to one of its existing power stations, located in the ISO-NE region, would be preferable to development on a new greenfield site or another previously developed site not under NRG’s control. Adding capacity to an existing facility has significant technical, cost, and environmental benefits compared to developing a new power station on a greenfield site not currently in use for electric generation. In addition, electric generating stations are allowed by zoning at all of NRG Energy’s existing New England power station locations. In addition to environmental and market concerns, NRG Energy recognized the importance of siting its facility at a location: where natural gas, adequate electric transmission and water were available; where there was sufficient space for a new facility and ancillary structures; and where the development of a new facility was compatible with both zoning and community needs and concerns. Utilizing one of its existing facilities would allow the proposed peaking generator to capitalize on existing infrastructure and cause little to no impact on land use. Technologies Considered NRG Energy considered alternate technologies, including wind and solar, as well as combined-cycle and simple-cycle combustion turbine technology. Based on its analyses, NRG Energy determined that the most acute capacity need in ISO-NE is for meeting peak electrical demand periods. Wind and solar technology are recognized as important elements in the region’s energy mix, and in fact NRG Renew Canal is proposing an approximately 1.5 MW solar project on an adjacent site; however, their weather-dependency is not compatible with meeting peak demand capacity needs in the most reliable manner possible. Combined-cycle units, ideal for base-load applications, are not the most costeffective technology to meet intermittent peak-load capacity needs and not appropriate for a peaking unit, due to longer start-up and shutdown times. Therefore, NRG Energy selected simple-cycle turbine technology for the proposed Canal Unit 3. NRG Energy also considered alternate turbine sizes. Due to the superior efficiency (utilizing the least amount of fuel for the most electrical output) and associated environmental advantages (generating the least amount of emissions for the most electrical output) of “H-Class” combustion turbine technology compared to smaller turbines, NRG is currently configuring to use the General Electric 7HA.02 combustion turbine, or a comparable turbine, for Canal Unit 3. Off-Site Alternatives NRG Canal 3 reviewed locations of existing, retired, planned retired, and abandoned power plant and other industrial -51616571_1 facilities located within ISO-NE’s territory, including those owned by NRG. Since the non-NRG facilities were not under ownership control of NRG, preference was given to NRG’s properties. NRG Energy, through direct and indirect subsidiaries, operates seven electric generating stations within ISO-NE’s territory and evaluated each location in terms of: available space; access to adequate natural gas, electric transmission and water infrastructure; and location within the electrical grid. The six NRG-owned sites considered by NRG Energy are described below: Devon (Milford, CT) – The Devon facility is comprised of four, 50-MW dual-fueled combustion turbines. Since this facility already has fast-start peaking units it was considered potentially suitable for additional capacity. However, space limitations at the site precluded its ability to host the class of turbine selected for Canal Unit 3. Connecticut Jet Power (Hartford, CT) – The Hartford facility is actually comprised of four remote jet stations – Cos Cob, Branford, Torrington (Franklin Drive), and Torrington Terminal. NRG Energy expanded the Cos Cob site in June 2008 by adding two additional 20-MW units increasing capacity to 100 MW of peaking power. Following the recent improvement projects, insufficient space exists at Connecticut Jet Power to host Canal Unit 3. Middletown, CT – With placement along the Connecticut River, the Middletown site was considered a strong option. Comprised of three steam units one combustion turbine and four combustion turbines associated with GenConn Middletown. While a potentially suitable site, this location was deemed to be inferior to the selected site due to the need to significantly alter existing critical infrastructure to accommodate new units. Montville (Uncasville, CT) – The 49-acre Uncasville facility is situated along the Thames River. The 500-MW peaking station is comprised of four units. As part of NRG Energy’s repowering effort in Connecticut, a project has already been proposed to repower 40 MW of unit 5 using clean wood biomass from nearby foresters and sawmills as a fuel source. Since a project has already been contemplated at this facility, NRG Energy eliminated the Uncasville site from further consideration. Martha’s Vineyard, MA – NRG Energy owns and operates two sites on Martha’s Vineyard. These sites have a combined nominal electrical generating capacity of 13 MW fueled by distillate fuel oil and principally provide back-up on-island energy. The lack of land, natural gas and electric infrastructure eliminated these sites from consideration. Canal (Sandwich, MA) – The Sandwich site was selected as the most suitable location for a proposed peaking unit based on the best combination of adequate space, sufficient natural gas supply, availability of water, and proximity to an electric interconnection location within the ISO-NE sub-region with the greatest need. On-Site Alternatives NRG Energy considered alternative locations on the Canal Property and sited the proposed new unit proximate to the existing units as this location best avoided natural resource encroachment, maximized distance to residences and other sensitive off-site land uses, and would result in the least visual change from offsite vantage points. Various iterations of equipment orientation were also considered, with selection of the proposed layout chosen as the most efficient and least intrusive option. NOTE: The purpose of the alternatives analysis is to consider what effect changing the parameters and/or siting of a project, or components thereof, will have on the environment, keeping in mind that the objective of the MEPA review process is to avoid or minimize damage to the environment to the greatest extent feasible. Examples of alternative projects include alternative site locations, alternative site uses, and alternative site configurations. Summarize the mitigation measures proposed to offset the impacts of the preferred alternative: Impacts associated with Canal Unit 3 and Canal Community Solar will be avoided and/or minimized due to their proposed locations at the existing Canal Generating Station. Utilizing an existing industrial site avoids undisturbed natural resources and causes minimal to no change in land use. Canal Unit 3 will be constructed with state-of-the-art emissions controls and will meet all applicable requirements for Best Available Control Technology and Lowest Achievable Emissions Rate, as appropriate. Water use and discharge have been minimized by selecting simple-cycle turbine technology with a dry low NOX combustion system and -61616571_1 incorporation of a near-zero liquid discharge system, avoiding any process water discharge to the Cape Cod Canal or other surface waterbody. Other design measures will be incorporated to minimize the potential impact of Canal Unit 3 on surrounding areas, including locating the new unit immediately proximate to the existing units and minimizing stack height to the greatest extent possible to minimize visual impacts. Canal Unit 3 also has integrated state-of-the-art sound control measures to minimize noise impacts. As discussed in the Expanded ENF, Canal Community Solar is not anticipated to require any additional mitigation measures as its operation will produce no emissions, wastewater or noise. In fact, Canal Community Solar will have a positive impact on the environment as electricity generated by Canal Community Solar will displace older more polluting sources. If the project is proposed to be constructed in phases, please describe each phase: Phase 1 – Canal Community Solar Phase 2 – Canal Unit 3 AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project within or adjacent to an Area of Critical Environmental Concern? Yes (Specify__________________________________) No If yes, does the ACEC have an approved Resource Management Plan? ___ Yes ___ No; If yes, describe how the project complies with this plan. _______________________________ Will there be stormwater runoff or discharge to the designated ACEC? ___ Yes ___ No; If yes, describe and assess the potential impacts of such stormwater runoff/discharge to the designated ACEC. RARE SPECIES: Does the project site include Estimated and/or Priority Habitat of State-Listed Rare Species? (see http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/priority_habitat/priority_habitat_home.htm) Yes (Specify__________________________________ ) No HISTORICAL /ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? Yes (Old King’s Highway Regional Historic District [5/1/1973] & Canal Electric Company Plant [5/1/1973] ) No If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? Yes (Specify__________________________________) No WATER RESOURCES: Is there an Outstanding Resource Water (ORW) on or within a half-mile radius of the project site? ___Yes _X_ No; if yes, identify the ORW and its location. ______________________________________ (NOTE: Outstanding Resource Waters include Class A public water supplies, their tributaries, and bordering wetlands; active and inactive reservoirs approved by MassDEP; certain waters within Areas of Critical Environmental Concern, and certified vernal pools. Outstanding resource waters are listed in the Surface Water Quality Standards, 314 CMR 4.00.) Are there any impaired water bodies on or within a half-mile radius of the project site? _X_ Yes __ No; if yes, identify the water body and pollutant(s) causing the impairment: __Cape Cod Canal - fecal coliform (TMDL complete)________. -71616571_1 Is the project within a medium or high stress basin, as established by the Massachusetts Water Resources Commission? ___Yes _X_ No STORMWATER MANAGEMENT: Generally describe the project's stormwater impacts and measures that the project will take to comply with the standards found in MassDEP's Stormwater Management Regulations: Both projects will be designed in compliance with the MassDEP Stormwater Management Regulations. Practices to control runoff and manage stormwater during and after construction will be designed and implemented at both the Simple-Cycle Site and the Solar Site. MASSACHUSETTS CONTINGENCY PLAN: Has the project site been, or is it currently being, regulated under M.G.L.c.21E or the Massachusetts Contingency Plan? _X_ Yes ___ No; if yes, please describe the current status of the site (including Release Tracking Number (RTN), cleanup phase, and Response Action Outcome classification): See Attachment 3 for list of Release Tracking Notification Numbers for the Property. Is there an Activity and Use Limitation (AUL) on any portion of the project site? ___ Yes _X_ No; if yes, describe which portion of the site and how the project will be consistent with the AUL: _____________. Are you aware of any Reportable Conditions at the property that have not yet been assigned an RTN? ___ Yes _X_ No; if yes, please describe: _____________________________________. SOLID AND HAZARDOUS WASTE: If the project will generate solid waste during demolition or construction, describe alternatives considered for re-use, recycling, and disposal of, e.g., asphalt, brick, concrete, gypsum, metal, wood: Material resulting from demolition of the concrete-slab, aluminum-sided warehouses will be re-used and recycled as appropriate or disposed of at licensed facilities in accordance with existing sold waste disposal regulations. (NOTE: Asphalt pavement, brick, concrete and metal are banned from disposal at Massachusetts landfills and waste combustion facilities and wood is banned from disposal at Massachusetts landfills. See 310 CMR 19.017 for the complete list of banned materials.) Will your project disturb asbestos containing materials? ___ Yes _X_ No; if yes, please consult state asbestos requirements at http://mass.gov/MassDEP/air/asbhom01.htm Describe anti-idling and other measures to limit emissions from construction equipment: MGL Chapter 90, Section 16A and the MassDEP idling reduction regulations (310 CMR 7.11(1)(b)) both prohibit unnecessary vehicle idling and require that engines must be shut down if the vehicle will be stopped for more than five minutes. This regulation will be included in the contract specifications for site construction contracts. NOTE: MGL Chapter 90, Section 16A and the Massachusetts Department of Environmental Protection (DEP) idling reduction regulation (310 CMR 7.11(1)(b)) both prohibit unnecessary vehicle idling and require that engines must be shut down if the vehicle will be stopped for more than five minutes. This regulation will be included in the contract specifications for all construction subcontractors. -81616571_1 DESIGNATED WILD AND SCENIC RIVER: Is this project site located wholly or partially within a defined river corridor of a federally designated Wild and Scenic River or a state designated Scenic River? ___ Yes _X_ No; if yes, specify name of river and designation: If yes, does the project have the potential to impact any of the “outstandingly remarkable” resources of a federally Wild and Scenic River or the stated purpose of a state designated Scenic River? ___ Yes ___ No; if yes, specify name of river and designation: _____________; If yes, will the project will result in any impacts to any of the designated “outstandingly remarkable” resources of the Wild and Scenic River or the stated purposes of a Scenic River. ___ Yes ___ No; if yes, describe the potential impacts to one or more of the “outstandingly remarkable” resources or stated purposes and mitigation measures proposed. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. List of all attachments to this document. – See Attachment 1 U.S.G.S. map (good quality color copy, 8-½ x 11 inches or larger, at a scale of 1:24,000) indicating the project location and boundaries. – See Attachment 4, Figure 1 Plan, at an appropriate scale, of existing conditions on the project site and its immediate environs, showing all known structures, roadways and parking lots, railroad rights-of-way, wetlands and water bodies, wooded areas, farmland, steep slopes, public open spaces, and major utilities. – See Attachment 5, Figures 2 and 3 Plan, at an appropriate scale, depicting environmental constraints on or adjacent to the project site such as Priority and/or Estimated Habitat of state-listed rare species, Areas of Critical Environmental Concern, Chapter 91 jurisdictional areas, Article 97 lands, wetland resource area delineations, water supply protection areas, and historic resources and/or districts. – See Attachment 6, Figures 5 and 6 Plan, at an appropriate scale, of proposed conditions upon completion of project (if construction of the project is proposed to be phased, there should be a site plan showing conditions upon the completion of each phase). – See Attachment 7, Figure 4 List of all agencies and persons to whom the proponent circulated the ENF, in accordance with 301 CMR 11.16(2). – See Attachment 8 List of municipal and federal permits and reviews required by the project, as applicable. – See Attachment 9 -91616571_1 LAND SECTION – all proponents must fill out this section I. Thresholds / Permits A. Does the project meet or exceed any review thresholds related to land (see 301 CMR 11.03(1) ___ Yes _X_ No; if yes, specify each threshold: II. Impacts and Permits A. Describe, in acres, the current and proposed character of the project site, as follows: Northern Area Footprint of buildings Internal roadways Parking and other paved areas Other altered areas Undeveloped areas Total: Project Site Acreage Existing ___6____ ___3____ ___6____ ___34___ ___3____ ___52___ Change ___1____ ___2____ ___0____ ___-3___ ___0____ ___0____ Total ___7___ ___5___ ___6___ ___31__ ___3___ ___52__ Existing ___0____ ___0____ ___0____ ___17*___ ___19____ ___36___ Change ___0___ ___0___ ___0___ __8.2___ __-8.2___ ___0___ Total ___0___ ___0___ ___0___ __25.2__ __10.8__ ___36__ Southern Area Footprint of buildings Internal roadways Parking and other paved areas Other altered areas Undeveloped areas Total: Project Site Acreage *4 acres occupied by oil tanks supporting the existing Canal Generating Station; 13 acres occupied by the Eversource transmission corridor B. Has any part of the project site been in active agricultural use in the last five years? ___ Yes _X_ No; if yes, how many acres of land in agricultural use (with prime state or locally important agricultural soils) will be converted to nonagricultural use? C. Is any part of the project site currently or proposed to be in active forestry use? ___ Yes _X_ No; if yes, please describe current and proposed forestry activities and indicate whether any part of the site is the subject of a forest management plan approved by the Department of Conservation and Recreation: D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article 97? ___ Yes _X_ No; if yes, describe: D. Is any part of the project site currently subject to a conservation restriction, preservation restriction, agricultural preservation restriction or watershed preservation restriction? ___ Yes _X_ No; if yes, does the project involve the release or modification of such restriction? ___ Yes ___ No; if yes, describe: E. Does the project require approval of a new urban redevelopment project or a fundamental change in an existing urban redevelopment project under M.G.L.c.121A? ___ Yes _X_ No; if yes, describe: - 10 1616571_1 F. Does the project require approval of a new urban renewal plan or a major modification of an existing urban renewal plan under M.G.L.c.121B? ___ Yes _X_ No; if yes, describe: III. Consistency A. Identify the current municipal comprehensive land use plan Title: _The Sandwich Local Comprehensive Plan ___ Date: ____May 2009_____ B. Describe the project’s consistency with that plan with regard to: 1) Economic Development: The projects involve the development of new electric generating facilities within property already in use by an electric generating facility. The Northern Area is zoned for industrial use, while the Southern Area is zoned as Business Limited 1. Although solar energy generation is not currently a permitted use on land zoned as Business Limited 1, an overlay district has been proposed which would make solar energy generation a permitted use. The Sustainable Development Principles of Massachusetts, as adopted by the Town of Sandwich in their 2009 Comprehensive Plan, encourages concentrated development to conserve land and minimize adverse impacts. 2) Adequacy of Infrastructure: Transportation, water, and sewer infrastructure, built to support the existing facility, is located adjacent to the north of the Solar Site and west of the Simple-Cycle Site. Neither project will result in construction of new water or sewer infrastructure to a previously unserved area. 3) Open Space Impacts: Most of Canal Unit 3 is proposed on already disturbed portions of the Property, which are currently occupied by trailers, tanks, storage warehouses, and temporary parking. The Property is currently utilized to support the existing station, and development will not represent a change in land use. Although portions of the Solar Site are undeveloped, vegetated area, as further described in the Expanded ENF, no significant adverse impacts on open space resources are anticipated. 4) Compatibility with Adjacent Land Uses: Canal Unit 3 and Canal Community Solar will be developed within land zoned for industrial and commercial development, and will be situated adjacent to an existing steam electric generating station, which has been in operation since 1968. The existing facility is water-dependent, and was constructed on the Cape Cod Canal to facilitate fuel deliveries and provide constant access to water for its once-through cooling system. The Project will utilize some of the infrastructure built to support the existing facility. There will be no new discharges of wastewater to the Cape Cod Canal as a result of either project, and no in-water work is proposed. C. Identify the current Regional Policy Plan of the applicable Regional Planning Agency (RPA) RPA: __Cape Cod Commission__________________ Title: _Cape Cod Regional Policy Plan __ Date: _August 2012 (As Amended) __ D. Describe the project’s consistency with that plan with regard to: 1) Economic Development: Canal Unit 3 involves the development of a new simple-cycle generating unit on the Northern Area. Canal Community Solar involves the development of a photovoltaic solar array on the Southern Area. Both projects are proposed on property already developed to support a steam electric generation station and designated as an Economic Center on the Cape Cod Regional Land Use Vision Map. (Cape Cod Regional Policy Plan. August 2012. Page 14.) To minimize adverse impacts, the Cape Cod Regional Policy Plan identifies the need for efficient and collocated land uses, and emphasizes that towns should adopt policies and regulations that encourage development within Economic Centers. - 11 1616571_1 2) Adequacy of Infrastructure: Canal Unit 3 and Canal Community Solar will be constructed within a property already developed to support a steam electric generating facility. Some of the existing infrastructure, which currently supports this existing facility, is needed to serve the projects. Additionally, the Cape Cod Regional Policy Plan identifies the need for adequate capital facilities and infrastructure, such as a reliable energy source, to meet community and regional needs and support economic growth. Canal Unit 3 will provide a flexible and reliable energy supply. 3) Open Space Impacts: Since Canal Unit 3 and Canal Community Solar will be contained within a property already developed as an existing energy generating station, no impacts to any existing open space areas in the Cape Cod Canal area are anticipated. - 12 1616571_1 RARE SPECIES SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat (see 301 CMR 11.03(2))? ___ Yes _X_ No; if yes, specify, in quantitative terms: (NOTE: If you are uncertain, it is recommended that you consult with the Natural Heritage and Endangered Species Program (NHESP) prior to submitting the ENF.) B. Does the project require any state permits related to rare species or habitat? __Yes _X_ No C. Does the project site fall within mapped rare species habitat (Priority or Estimated Habitat?) in the current Massachusetts Natural Heritage Atlas (attach relevant page)? ___ Yes _X_ No. D. If you answered "No" to all questions A, B and C, proceed to the Wetlands, Waterways, and Tidelands Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Rare Species section below. II. Impacts and Permits A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _ _ Yes ___ No. If yes, 1. Have you consulted with the Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP)? _ _ Yes ___No; if yes, have you received a determination as to whether the project will result in the “take” of a rare species? ___ Yes __ No; if yes, attach the letter of determination to this submission. 2. Will the project "take" an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.131A (see also 321 CMR 10.04)? ___ Yes _ _ No; if yes, provide a summary of proposed measures to minimize and mitigate rare species impacts 3. Which rare species are known to occur within the Priority or Estimated Habitat? 4. Has the site been surveyed for rare species in accordance with the Massachusetts Endangered Species Act? ___ Yes _ _ No. 4. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an Order of Conditions for this project? ___ Yes __ No; if yes, did you send a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? __ Yes __ No B. Will the project "take" an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.131A (see also 321 CMR 10.04)? _ _ Yes _ _ No; if yes, provide a summary of proposed measures to minimize and mitigate impacts to significant habitat: - 13 1616571_1 WETLANDS, WATERWAYS, AND TIDELANDS SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to wetlands, waterways, and tidelands (see 301 CMR 11.03(3))? _X_ Yes ___ No; if yes, specify, in quantitative terms: 11.03(3)(b)1.f – Alteration of ½ or more acres of any other wetlands – Canal Unit 3 will result in development within 12 acres of Land Subject to Coastal Storm Flowage. Canal Community Solar will include a 0.31-acre vegetated bio-retention area for stormwater management that will also be located with LSCSF. B. Does the project require any state permits (or a local Order of Conditions) related to wetlands, waterways, or tidelands? _X_ Yes ___ No; if yes, specify which permit: MassDEP – Order of Conditions under Wetlands Protection Act associated with Land Subject to Coastal Storm Flowage and buffer zone. C. If you answered "No" to both questions A and B, proceed to the Water Supply Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Wetlands, Waterways, and Tidelands Section below. II. Wetlands Impacts and Permits A. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act (M.G.L. c.131A)? _X_ Yes ___ No; if yes, has a Notice of Intent been filed? ___ Yes _X_ No; if yes, list the date and MassDEP file number: ______; if yes, has a local Order of Conditions been issued? ___ Yes ___ No; Was the Order of Conditions appealed? ___ Yes ___ No. Will the project require a Variance from the Wetlands regulations? ___ Yes _X_ No. B. Describe any proposed permanent or temporary impacts to wetland resource areas located on the project site: Construction of Canal Unit 3 will result in alteration of 12 acres within the 100-year floodplain, designated as Land Subject to Coastal Storm Flowage (LSCSF) and considered a jurisdictional wetland. Of that, 10.6 acres will be permanently altered for new structures and internal roadways. No impacts to the Coastal Bank along the Cape Cod Canal edge of the Project Site will result from the proposed facility. Less than 1,000 square feet of potential impact within the buffer zone of off-site Bordering Vegetated Wetland is anticipated. No significant adverse impacts to the area’s ability to serve as flood protection is anticipated. Construction of Canal Community Solar will include a 0.31-acre vegetated bio-retention area for stormwater management that will also be located within LSCSF. No adverse impact to this area’s ability to serve as flood protection is anticipated. C. Estimate the extent and type of impact that the project will have on wetland resources, and indicate whether the impacts are temporary or permanent: Coastal Wetlands Area (square feet) or Length (linear feet) Temporary or Permanent Impact? Land Under the Ocean Designated Port Areas Coastal Beaches Coastal Dunes _______0_________ _______0_________ _______0_________ _______0_________ ____________________ ____________________ ____________________ ____________________ - 14 1616571_1 Barrier Beaches Coastal Banks Rocky Intertidal Shores Salt Marshes Land Under Salt Ponds Land Containing Shellfish Fish Runs Land Subject to Coastal Storm Flowage _______0_________ _______0_________ _______0_________ _______0_________ _______0_________ _______0_________ _______0_________ _______10.6*______ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ _____Permanent_______ * An additional 1.5 acres will be temporarily impacted during construction; however, this temporary use is not expected to permanently impact any wetland resources. A 0.31-acre bio-retention area is proposed within LSCSF on the Solar Site. Inland Wetlands Bank (lf) Bordering Vegetated Wetlands Isolated Vegetated Wetlands Land under Water Isolated Land Subject to Flooding Bordering Land Subject to Flooding Riverfront Area _______0_________ _______0_________ _______0_________ _______0_________ _______0_________ _______0_________ _______0_________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ D. Is any part of the project: 1. proposed as a limited project? ___ Yes _X_ No; if yes, what is the area (in sf)? ___ 2. the construction or alteration of a dam? ___ Yes _X_ No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? ___ Yes _X_ No 4. dredging or disposal of dredged material? ___ Yes _X_ No; if yes, describe the volume of dredged material and the proposed disposal site: 5. a discharge to an Outstanding Resource Water (ORW) or an Area of Critical Environmental Concern (ACEC)? ___ Yes _X_ No 6. subject to a wetlands restriction order? __ Yes _X_ No; if yes, identify the area (sf): 7. located in buffer zones? _X_ Yes ___ No; if yes, how much (in sf) _< 1,000__ E. Will the project: 1. be subject to a local wetlands ordinance or bylaw? _X_ Yes ___ No 2. alter any federally-protected wetlands not regulated under state law? ___ Yes _X_ No; if yes, what is the area (sf)? III. Waterways and Tidelands Impacts and Permits A. Does the project site contain waterways or tidelands (including filled former tidelands) that are subject to the Waterways Act, M.G.L.c.91? ___ Yes _X_ No; if yes, is there a current Chapter 91 License or Permit affecting the project site? ___ Yes _ _ No; if yes, list the date and license or permit number and provide a copy of the historic map used to determine extent of filled tidelands: Although neither the Simple-Cycle Site nor the Solar Site contains filled tidelands, there are several Chapter 91 licenses associated with the Property for in-water work which occurred in the Cape Cod Canal during the construction of the existing Canal Generating Station. The proposed projects do not include any new in-water work, and will not require a new or modified Chapter 91 license. B. Does the project require a new or modified license or permit under M.G.L.c.91? __ Yes _ X_ No; if yes, how many acres of the project site subject to M.G.L.c.91 will be for nonwater-dependent use? Current ___ Change ___ Total ___ If yes, how many square feet of solid fill or pile-supported structures (in sf)? - 15 1616571_1 C. For non-water-dependent use projects, indicate the following: Area of filled tidelands on the site: _____0_______________ Area of filled tidelands covered by buildings: _____0______ For portions of site on filled tidelands, list ground floor uses and area of each use: ___N/A___________ Does the project include new non-water-dependent uses located over flowed tidelands? ___ Yes _X_ No Height of building on filled tidelands _____N/A___________ Also show the following on a site plan: Mean High Water, Mean Low Water, Waterdependent Use Zone, location of uses within buildings on tidelands, and interior and exterior areas and facilities dedicated for public use, and historic high and historic low water marks. D. Is the project located on landlocked tidelands? ___ Yes _X_ No; if yes, describe the project’s impact on the public’s right to access, use and enjoy jurisdictional tidelands and describe measures the project will implement to avoid, minimize or mitigate any adverse impact: E. Is the project located in an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations? ___Yes _ X_ No; if yes, describe the project’s impact on groundwater levels and describe measures the project will implement to avoid, minimize or mitigate any adverse impact: F. Is the project non-water-dependent and located on landlocked tidelands or waterways or tidelands subject to the Waterways Act and subject to a mandatory EIR? __ Yes _X_ No; (NOTE: If yes, then the project will be subject to Public Benefit Review and Determination.) G. Does the project include dredging? ___ Yes _X_ No; if yes, answer the following questions: What type of dredging? Improvement ___ Maintenance ___ Both ____ What is the proposed dredge volume, in cubic yards (cys) ________ What is the proposed dredge footprint ____length (ft) ___width (ft) ___depth (ft); Will dredging impact the following resource areas? Intertidal ___ Yes ___ No; if yes, _______ sq ft Outstanding Resource Waters ___ Yes ___ No; if yes, _______ sq ft Other resource area (i.e. shellfish beds, eel grass beds) ___ Yes ___ No; if yes ______ sq ft If yes to any of the above, have you evaluated appropriate and practicable steps to: 1) avoidance; 2) if avoidance is not possible, minimization; 3) if either avoidance or minimize is not possible, mitigation? If no to any of the above, what information or documentation was used to support this determination? Provide a comprehensive analysis of practicable alternatives for improvement dredging in accordance with 314 CMR 9.07(1)(b). Physical and chemical data of the sediment shall be included in the comprehensive analysis. - 16 1616571_1 Sediment Characterization Existing gradation analysis results? ___Yes ___No: if yes, provide results. Existing chemical results for parameters listed in 314 CMR 9.07(2)(b)6? ___Yes ___ No; if yes, provide results. Do you have sufficient information to evaluate feasibility of the following management options for dredged sediment? If yes, check the appropriate option. Beach Nourishment ___ Unconfined Ocean Disposal ___ Confined Disposal: Confined Aquatic Disposal (CAD) ___ Confined Disposal Facility (CDF) ___ Landfill Reuse in accordance with COMM-97-001 ___ Shoreline Placement ___ Upland Material Reuse____ In-State landfill disposal____ Out-of-state landfill disposal ____ (NOTE: This information is required for a 401 Water Quality Certification.) IV. Consistency: A. Does the project have effects on the coastal resources or uses, and/or is the project located within the Coastal Zone? _X_ Yes ___ No; if yes, describe these effects and the projects consistency with the policies of the Office of Coastal Zone Management: Like all of Cape Cod, the Canal Unit 3 and Canal Community Solar are located in the coastal zone, but are not expected to have adverse effects on coastal resources areas or uses. See Attachment 10 – CZM Consistency. Further information on Coastal Zone consistency of the Solar Site is discussed in Attachment 2. B. Is the project located within an area subject to a Municipal Harbor Plan? ___ Yes _X_ No; if yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: - 17 1616571_1 WATER SUPPLY SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to water supply (see 301 CMR 11.03(4))? ___ Yes _ X_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to water supply? _X_ Yes ___ No; if yes, specify which permit: Water Management Act Approval C. If you answered "No" to both questions A and B, proceed to the Wastewater Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Water Supply Section below. II. Impacts and Permits A. Describe, in gallons per day (gpd), the volume and source of water use for existing and proposed activities at the project site: Existing Change Total Municipal or regional water supply ___0_____ ___0_____ ____0____ Withdrawal from groundwater _449,315__ _125,129*__ _574,444__ Withdrawal from surface water 518,000,000 ___0_____ 518,000,000 Interbasin transfer ___0_____ ___0_____ ____0____ *All withdrawal from groundwater is in support of Canal Unit 3; Canal Community Solar does not require any water for operation (NOTE: Interbasin Transfer approval will be required if the basin and community where the proposed water supply source is located is different from the basin and community where the wastewater from the source will be discharged.) B. If the source is a municipal or regional supply, has the municipality or region indicated that there is adequate capacity in the system to accommodate the project? ___ Yes ___ No N/A C. If the project involves a new or expanded withdrawal from a groundwater or surface water source, has a pumping test been conducted? _X__ Yes ___ No; if yes, attach a map of the drilling sites and a summary of the alternatives considered and the results. Well No. 4 was installed and constructed by the R.E. Chapman Company between December 2000 and February 2001 to a depth of 146 feet below ground surface (bgs). The well was constructed using 12-inch casing and an 8-inch telescoping screen with 20 to 30 slot openings from 117 to 142 feet bgs. Installation of this well was based on a pair of 2.5-inch diameter test wells that indicated the presence of moderately permeable sands between depths of about 120 to 150 feet in the area of Well No. 4. See Attachment 11, Figure 8 for a map of drilling sites. Well No. 4 was previously developed but not brought online. There are two existing supply wells, Wells No. 2 and 3, which serve the Canal Generating Station, located adjacent to the west of the proposed Simple-Cycle Site. Withdrawals from Wells No. 2 and 3 are authorized under the Canal Generating Station’s existing Water Management Act Registration. When installed, these wells produced 339 and 425 gpm, respectively. About 100 borings were drilled at the Canal Generating Station during the design of Unit 1 and 2. Eight additional borings were installed east of Unit 2 in 2001 to provide additional subsurface data. Therefore, the understanding of the underlying aquifer and lithology of the glacial sediments in the area is extensive. - 18 1616571_1 A pumping testing, conducted in April 2001, demonstrated that Well No. 4 would yield 400 gallons per minute (gpm), with a pumping level (drawdown) of about 35 feet bgs even while pumping nearby wells at normal rates. The pumping test indicates a stabilized specific capacity of approximately 11 gallons/minute/foot after correction for tidal fluctuation. Therefore, based on well construction details the withdrawal potential (or safe yield) from this well is most likely significantly higher than 400 gpm. A set of piezometers, installed to observe the effects of the pumping on nearby wetlands, confirmed that no adverse impacts were anticipated. Water quality monitoring was recommended to confirm that any resulting shift in the position of the interface between fresh water and salt water would not degrade water quality in the supply wells. Additional withdrawal from Wells No. 2 and 3 was considered, however, withdrawal from previously developed, but currently unused, Well No. 4 was determined to provide greater reliability to the proposed Canal Unit 3 project. D. What is the currently permitted withdrawal at the proposed water supply source (in gallons per day)? 0 gpd Will the project require an increase in that withdrawal? _X_ Yes __ No; if yes, then how much of an increase (gpd)? ___125,129 gpd________________ E. Does the project site currently contain a water supply well, a drinking water treatment facility, water main, or other water supply facility, or will the project involve construction of a new facility? _X_ Yes ___No. If yes, describe existing and proposed water supply facilities at the project site: See Section C, above, regarding the Water Management Act Registration for existing Well No. 2 and 3. Well No. 4, previously developed but not currently used, is proposed to serve Canal Unit 3 and will be permitted. Permitted Flow Capacity of water supply well(s) (gpd) ___ 0____ Capacity of water treatment plant (gpd) __N/A____ Existing Avg Daily Flow ___0_____ ___N/A___ Project Flow Total _125,129__ __ N/A___ _125,129__ __N/A____ F. If the project involves a new interbasin transfer of water, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? N/A G. Does the project involve: 1. new water service by the Massachusetts Water Resources Authority or other agency of the Commonwealth to a municipality or water district? ___ Yes _X_ No 2. a Watershed Protection Act variance? ___ Yes _X_ No; if yes, how many acres of alteration? 3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? ___ Yes _X_ No III. Consistency Describe the project's consistency with water conservation plans or other plans to enhance water resources, quality, facilities and services: NRG Canal 3 proposes to use Well No. 4, a previously developed but not previously permitted or brought on line, located on the Simple-Cycle Site. As a private well, this water supply will not impact any municipal supply system. Best available conservation technology has been incorporated into the design of proposed projects wherever possible. - 19 1616571_1 WASTEWATER SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to wastewater (see 301 CMR 11.03(5))? ___ Yes _X_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to wastewater? ___ Yes _X_ No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Transportation -- Traffic Generation Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Wastewater Section below. II. Impacts and Permits A. Describe the volume (in gallons per day) and type of disposal of wastewater generation for existing and proposed activities at the project site (calculate according to 310 CMR 15.00 for septic systems or 314 CMR 7.00 for sewer systems): Discharge of sanitary wastewater Discharge of industrial wastewater TOTAL Discharge to groundwater Discharge to outstanding resource water Discharge to surface water Discharge to municipal or regional wastewater Facility TOTAL Existing Change Total ________ ________ ________ ________ ________ ________ ________ ________ ________ Existing ________ ________ ________ Change ________ ________ ________ Total ________ ________ ________ ________ ________ ________ ________ ________ ________ B. Is the existing collection system at or near its capacity? ___ Yes ____ No; if yes, then describe the measures to be undertaken to accommodate the project’s wastewater flows: C. Is the existing wastewater disposal facility at or near its permitted capacity? ___ Yes ___ No; if yes, then describe the measures to be undertaken to accommodate the project’s wastewater flows: D. Does the project site currently contain a wastewater treatment facility, sewer main, or other wastewater disposal facility, or will the project involve construction of a new facility? ___ Yes ___ No; if yes, describe as follows: Wastewater treatment plant capacity (in gallons per day) Permitted Existing Avg Daily Flow Project Flow Total _______ ________ ________ ________ E. If the project requires an interbasin transfer of wastewater, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or new? (NOTE: Interbasin Transfer approval may be needed if the basin and community where wastewater will be discharged is different from the basin and community where the source of water supply is located.) - 20 1616571_1 F. Does the project involve new sewer service by the Massachusetts Water Resources Authority (MWRA) or other Agency of the Commonwealth to a municipality or sewer district? ___ Yes ___ No G. Is there an existing facility or is a new facility proposed at the project site for the storage, treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings, wastewater reuse (gray water) or other sewage residual materials? __ Yes __ No; if yes, what is the capacity (tons per day): Existing ________ ________ ________ ________ ________ Storage Treatment Processing Combustion Disposal Change ________ ________ ________ ________ ________ Total ________ ________ ________ ________ ________ H. Describe the water conservation measures to be undertaken by the project, and other wastewater mitigation, such as infiltration and inflow removal. III. Consistency A. Describe measures that the proponent will take to comply with applicable state, regional, and local plans and policies related to wastewater management: B. If the project requires a sewer extension permit, is that extension included in a comprehensive wastewater management plan? ___ Yes ___ No; if yes, indicate the EEA number for the plan and whether the project site is within a sewer service area recommended or approved in that plan: - 21 1616571_1 TRANSPORTATION SECTION (TRAFFIC GENERATION) I. Thresholds / Permit A. Will the project meet or exceed any review thresholds related to traffic generation (see 301 CMR 11.03(6))? ___ Yes _X_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to state-controlled roadways? ___ Yes _X_ No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Roadways and Other Transportation Facilities Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Traffic Generation Section below. II. Traffic Impacts and Permits A. Describe existing and proposed vehicular traffic generated by activities at the project site: Existing Change Total Number of parking spaces _______ ________ _______ Number of vehicle trips per day ________ ________ ________ ITE Land Use Code(s): ________ ________ ________ B. What is the estimated average daily traffic on roadways serving the site? Roadway Existing Change 1. ___________________ ________ ________ 2. ____________________ ________ ________ 3. ____________________ ________ ________ Total ________ ________ ________ C. If applicable, describe proposed mitigation measures on state-controlled roadways that the project proponent will implement: D. How will the project implement and/or promote the use of transit, pedestrian and bicycle facilities and services to provide access to and from the project site? C. Is there a Transportation Management Association (TMA) that provides transportation demand management (TDM) services in the area of the project site? ____ Yes ____ No; if yes, describe if and how will the project will participate in the TMA: D. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation facilities? ____ Yes ____ No; if yes, generally describe: E. If the project will penetrate approach airspace of a nearby airport, has the proponent filed a Massachusetts Aeronautics Commission Airspace Review Form (780 CMR 111.7) and a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (CFR Title 14 Part 77.13, forms 7460-1 and 7460-2)? III. Consistency Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services: - 22 1616571_1 TRANSPORTATION SECTION (ROADWAYS AND OTHER TRANSPORTATION FACILITIES) I. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other transportation facilities (see 301 CMR 11.03(6))? ___ Yes _X_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to roadways or other transportation facilities? _X_ Yes ___ No; if yes, specify which permit: MassDOT Approval under M.G.L. Ch. 40, Section 54A C. If you answered "No" to both questions A and B, proceed to the Energy Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Roadways Section below. II. Transportation Facility Impacts A. Describe existing and proposed transportation facilities in the immediate vicinity of the project site: Existing NRG-owned rail spurs, located on the Simple-Cycle Site, may be considered appurtenant to railroad right-of-way and require approval by MassDOT under M.G.L. Ch. 40, Section 54A. B. Will the project involve any: 1. Alteration of bank or terrain (in linear feet)? 2. Cutting of living public shade trees (number)? 3. Elimination of stone wall (in linear feet)? ____No______ ____No______ ____No______ III. Consistency -- Describe the project's consistency with other federal, state, regional, and local plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, including consistency with the applicable regional transportation plan and the Transportation Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan: Approval under M.G.L. Ch. 40, Section 54A is sought for private rail spurs located on the Simple-Cycle Site. The private railroad spurs are owned and operated by NRG Canal and were never owned or operated by any railroad company or by the Commonwealth. Therefore, project-related activities will not impact the Transportation Improvements Plan, the State Bicycle Plan or the State Pedestrian Plan. - 23 1616571_1 ENERGY SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to energy (see 301 CMR 11.03(7))? _X_ Yes ___ No; if yes, specify, in quantitative terms: 301 CMR 11.03(7)(a)2 – expansion of an existing electric generating facility by 100 or more MW – The Project has a net nominal generating capacity of 331.5 MW, with Canal Unit 3 generating 330 MW and Canal Community Solar generating approximately 1.5 MW. B. Does the project require any state permits related to energy? _X_ Yes ___ No; if yes, specify which permit: Energy Facilities Siting Board – Approval of Petition to Construct* Department of Public Utilities – Grant of Exemption from Zoning Requirements* *Required for Canal Unit 3, but not for Canal Community Solar C. If you answered "No" to both questions A and B, proceed to the Air Quality Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Energy Section below. II. Impacts and Permits A. Describe existing and proposed energy generation and transmission facilities at the project site: Existing Change Total Capacity of electric generating facility (megawatts) _1,120__ _331.5*__ _1,451.5_ Length of fuel line (in miles)** ___0___ __0.68___ __0.68__ Length of transmission lines (in miles)*** ___0____ __1.05___ __1.05__ Capacity of transmission lines (in kilovolts) __345___ ___0____ __345___ * 330 MW from Canal Unit 3; approximately 1.5 MW from Canal Community Solar ** A 0.64 mile ULSD line and a 0.68 mile natural gas pipeline are proposed for Canal unit 3. Both will be entirely contained within the Property. *** Canal Unit 3 will connect to an electrical switchyard owned by Eversource located proximate to the south of the Property via an approximately 0.8 mile transmission line. Canal Community Solar will include approximately 0.25 mile of underground circuit and a new 22.8-kV three-phase overhead circuit proposed on the Solar Site, which will connect Canal Community Solar to the existing Eversource 22.8-kV three-phase overhead distribution circuit along Route 6A, south of the Solar Site. B. If the project involves construction or expansion of an electric generating facility, what are: 1. the facility's current and proposed fuel source(s)? The existing Canal Generating Station includes two steam-electric generating units capable of running on Number 6 fuel oil or natural gas. The proposed Canal Unit 3 project will be capable of running on either natural gas or ultra-low sulfur distillate. The proposed Canal Community Solar project will run on light energy (photons) from the sun. 2. the facility's current and proposed cooling source(s)? The existing Canal Generating Station utilizes a once-through cooling system which withdraws water from the Cape Cod Canal. The proposed Canal Unit 3 project, as a simple-cycle facility, does not require steam condenser cooling. Air-cooled fin fan coolers will be utilized for ancillary - 24 1616571_1 equipment cooling. Canal Community Solar does not require any cooling source. C. If the project involves construction of an electrical transmission line, will it be located on a new, unused, or abandoned right of way? ___Yes _N/A_ No; if yes, please describe: D. Describe the project's other impacts on energy facilities and services: Canal Unit 3 will connect to the existing electrical switchyard located adjacent to the south of the Property. Canal Unit 3 will be served by an existing Algonquin Gas Transmission Company (Algonquin) gas transmission line, which currently serves the existing station. Due to pressure differences in facility requirements, a separate piping corridor will extend from the existing Algonquin line across the Property to the Simple-Cycle Site. III. Consistency Describe the project's consistency with state, municipal, regional, and federal plans and policies for enhancing energy facilities and services: The Cape Cod Commission Regional Policy Plan states that adequate, high-quality infrastructure, including a reliable energy source, is necessary for economic growth. Canal Unit 3, as a simple-cycle peaking unit, will act as an efficient, flexible source of electricity for the region. In accordance with this regional plan, the Town of Sandwich’s Local Comprehensive Plan also indicates a need for regional infrastructure, such as energy supply, to meet community and regional needs. In addition, Canal Community Solar is also consistent with the Global Warming Act’s goal of reduced reliance on carbon-based generation. - 25 1616571_1 AIR QUALITY SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to air quality (see 301 CMR 11.03(8))? _X_ Yes ___ No; if yes, specify, in quantitative terms: 301 CMR 11.03(8)(a)2. – Modification of an existing Stationary Source with federal potential emissions that collectively will result, after construction and the imposition of required controls, of 75,000 tpy of GHGs based on CO2 Equivalent. The collective emissions from Canal Unit 3 will be 1,001,028 tpy of GHGs (as CO2e). 301 CMR 11.03(8)(b)2 - Modification of an existing stationary source resulting in a "significant net increase" in actual emissions, provided that the stationary source or facility is major for the pollutant, emission of which is increased by: 15 tpy of PM as PM10; 100 tpy of CO; 40 tpy of SO2; 25 tpy of VOC or NOX; 0.6 tpy of lead – The proposed Canal Unit 3 project will have potential emissions of 108.4 tons per year of NOX and 98.6 tons per year of PM. Canal Unit 3 is below the modification thresholds for the other pollutants specified in 301 CMR 11.03(8)(b)2. B. Does the project require any state permits related to air quality? _X_ Yes ___ No; if yes, specify which permit: MassDEP – Air Plan Approval/NSR Review/Title V Operating Permit Modification MassDEP – Federal PSD Permit C. If you answered "No" to both questions A and B, proceed to the Solid and Hazardous Waste Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Air Quality Section below. II. Impacts and Permits A. Does the project involve construction or modification of a major stationary source (see 310 CMR 7.00, Appendix A)? _X_ Yes ___ No; if yes, describe existing and proposed emissions (in tons per day) of: Existing Change1 Total __2.58__ _130.16_ _142.10_ __0.65__ __36.17__ _0.00130_ __0.31___ _20,964__ Particulate matter Carbon monoxide Sulfur dioxide Volatile organic compounds Oxides of nitrogen Lead Any hazardous air pollutant Carbon dioxide 1 __1.16__ __0.49__ __0.06__ __0.11___ __0.81___ _0.00003_ __0.01___ __6,760___ __3.74___ _130.65__ _142.16__ __0.76___ __36.98__ _0.00133_ __0.32___ _27,724__ Emissions data are for Canal Unit 3 B. Describe the project's other impacts on air resources and air quality, including noise impacts: Canal Unit 3 will incorporate state-of-the-art emission controls and will comply with all regulations and standards associated with air quality. Noise mitigation will be incorporated in the design of Canal Unit 3 to comply with applicable standards and prevent significant impact to nearby sensitive receptors. The beneficial impacts of Canal Community Solar on air quality are discussed in Attachment 2. - 26 1616571_1 III. Consistency A. Describe the project's consistency with the State Implementation Plan: Canal Unit 3 and Canal Community Solar will meet the requirements of all applicable federal and state regulations. Therefore, both projects will be consistent with the State Implementation Plan. B. Describe measures that the proponent will take to comply with other federal, state, regional, and local plans and policies related to air resources and air quality: Canal Unit 3 will comply with all applicable Best Available Control Technology (BACT) requirements and will meet the Lowest Achievable Emission Rate (LAER) for NOX by incorporating low NOX combustion technology with selective catalytic reduction. An oxidation catalyst system will be used to reduce carbon monoxide emissions with an anticipated co-benefit of a reduction of volatile organic compound emissions. Canal Unit 3 will comply with the Regional Greenhouse Gas Initiative (RGGI) and obtain CO2 allowances, as required. Both Canal Unit 3 and Canal Community Solar will also adhere to the Executive Office of Energy and Environmental Affairs Greenhouse Gas Policy. - 27 1616571_1 SOLID AND HAZARDOUS WASTE SECTION I. Thresholds / Permits A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see 301 CMR 11.03(9))? ___ Yes _X_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to solid and hazardous waste? __Yes _X_ No; if yes, specify which permit: C. If you answered "No" to both questions A and B, proceed to the Historical and Archaeological Resources Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Solid and Hazardous Waste Section below. II. Impacts and Permits A. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of solid waste? ___ Yes ___ No; if yes, what is the volume (in tons per day) of the capacity: Existing Change Total Storage ________ ________ ________ Treatment, processing ________ ________ ________ Combustion ________ ________ ________ Disposal ________ ________ ________ B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or disposal of hazardous waste? ___ Yes ___ No; if yes, what is the volume (in tons or gallons per day) of the capacity: Storage Recycling Treatment Disposal Existing ________ ________ ________ ________ Change ________ ________ ________ ________ Total ________ ________ ________ ________ C. If the project will generate solid waste (for example, during demolition or construction), describe alternatives considered for re-use, recycling, and disposal: D. If the project involves demolition, do any buildings to be demolished contain asbestos? ___ Yes ___ No E. Describe the project's other solid and hazardous waste impacts (including indirect impacts): III. Consistency Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: - 28 1616571_1 HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds / Impacts A. Have you consulted with the Massachusetts Historical Commission? _X_ Yes ___ No; if yes, attach correspondence. For project sites involving lands under water, have you consulted with the Massachusetts Board of Underwater Archaeological Resources? ____Yes _N/A_ No; if yes, attach correspondence. See Attachment 13. B. Is any part of the project site a historic structure, or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _X_ Yes ___ No; if yes, does the project involve the demolition of all or any exterior part of such historic structure? ___ Yes _X_ No; if yes, please describe: The projects are proposed within the property boundaries of the Canal Generating Station, a Historic Site listed on the Massachusetts State Register of Historic Places (SRHP) and recognized by the Town of Sandwich. The Property is also within the Old King’s Highway Historic District, a district first listed on the SRHP in 1973 and the National Register of Historic Places in 1987. As part of this Historic District, all proposed development on the Property must be reviewed and approved by the town’s Old King’s Highway Historic Commission. Neither project involves the demolition of any existing historic structures. C. Is any part of the project site an archaeological site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? ___ Yes _X_ No; if yes, does the project involve the destruction of all or any part of such archaeological site? ___ Yes ___ No; if yes, please describe: D. If you answered "No" to all parts of both questions A, B and C, proceed to the Attachments and Certifications Sections. If you answered "Yes" to any part of either question A or question B, fill out the remainder of the Historical and Archaeological Resources Section below. II. Impacts Describe and assess the project's impacts, direct and indirect, on listed or inventoried historical and archaeological resources: The projects are located on the Canal Generating Station, which was designated by the Town of Sandwich as a Historic Site within the Old King’s Highway Regional Historic District in the 1970s. Proposed structural development and alterations in this District are subject to review and approval by the Town’s Old King’s Highway Historic Commission. Canal Unit 3 is consistent with current land use and zoning, and is aligned with the goals and policies of the Town; however, Canal Community Solar is proposed on property zoned as Business Limited 1 and under the local zoning regulations, solar energy generation is not a permitted use. An overlay district has been proposed which would allow solar energy generation on this Property. The projects are not anticipated to directly or indirectly impact any known historical or archaeological resources. III. Consistency Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to preserving historical and archaeological resources: The projects are aligned with the goals and policies of the Town, and marks no significant change in land use. The Cape Cod Commission identifies the Property as within an Economic Center, and encourages industrial/commercial development. The Town of Sandwich outlines the need for efficient land use, specifically - 29 1616571_1 emphasizing collocation. As the Property is already occupied by an electric generation facility, and zoned for industrial and commercial development, the projects are not anticipated to significantly impact any known historical or archaeological resources. - 30 1616571_1 Attachment 1: List of All Attachments Attachment 1: List of All Attachments Attachment 2: Expanded Environmental Notification Form / Phase I Waiver Request Attachment 3: List of Release Tracking Notifications Attachment 4: Project Locus Maps o Figure 1 – USGS Locus Map (as required by both MEPA and CCC) o Figure 2 – Project Overview Aerial Photograph o Figure 3 – Project Site Aerial Photograph Attachment 5: Constraint Maps o Figure 4 – Environmental Constraints o Figure 5 – Cultural Constraints Attachment 6: Site Plan o Figure 6 – Existing Conditions Plan (as required by both MEPA and CCC) Attachment 7: Proposed Development Plans o Figure 7 – Proposed Site Plan (as required by both MEPA and CCC) Attachment 8: ENF Circulation List Attachment 9: List of Federal, State, and Municipal Agency Permits Potentially Required by the Canal Unit 3 (as required by both MEPA and CCC) Attachment 10: CZM Consistency Attachment 11: Water Supply Section Figure o Figure 8 – Map of Drilling Sites for Well No. 4 Attachment 12: Application Cover Sheet (as required by CCC) Attachment 13: Certified List of Abutting Property Owners for Canal Unit 3 (as required by CCC) Attachment 14: MHC Notification Form (as required by CCC) o Attachment 15: Certification of Local Filing (as required by CCC) o Proof of Receipt of PNF by MHC Exhibit A: Service List Attachment 16: Photographs of the Simple-Cycle Site (as required by CCC) Attachment 2: Expanded Environmental Notification Form / Phase I Waiver Request Introduction In accordance with Section 11.05(7) of the Massachusetts Environmental Policy Act (MEPA) regulations at 301 CMR 11.00, NRG Canal 3 Development LLC (NRG Canal 3) and NRG Renew Canal 1 LLC (NRG Renew Canal) are submitting this Expanded Environmental Notification Form (Expanded ENF) with a Request for a Phase I Waiver so that Canal Community Solar, as defined below, can proceed in advance of Canal Unit 3, as defined below. NRG Energy, Inc. (NRG Energy) is a Fortune 200 energy company, supporting clean energy resources and technologies critical to our transition to a sustainable, low-carbon society. NRG Energy’s diverse power generating facilities have a capacity of over 50,000 megawatts (MW), capable of supporting nearly 1/3 of the U.S. population. NRG Energy electricity providers serve nearly 3 million recurring retail customers. NRG Canal 3 is a business affiliate of NRG Energy’s Wholesale Business division, a separate business unit within NRG Energy focusing on wholesale electricity generation. NRG Renew Canal is a business affiliate of NRG’s Renew division, a separate business unit within NRG Energy focusing on renewable energy projects. Canal Unit 3: NRG Canal 3 seeks to permit, construct, and operate a state-of-the-art, fast-starting, dualfueled simple-cycle electric generating facility (Canal Unit 3). Canal Unit 3 will consist of a single combustion turbine with an approximate net nominal capacity of 330 MW that will operate during peak times of energy demand, for up to 4,380 hours per year. Natural gas will be the primary fuel, with a maximum equivalent of 1,440 hours using the backup fuel, ultra-low sulfur distillate (ULSD), to provide the flexibility and reliability to meet the region’s demonstrated power needs. Canal Unit 3 will include an approximately 215-foot tall stack. Canal Community Solar: NRG Renew Canal seeks to permit, construct, and operate an approximately 1.5MW state-of-the-art solar photovoltaic community solar garden array (Canal Community Solar). NRG Renew Canal is requesting a Phase I Waiver for Canal Community Solar, which is the subject of this Expanded ENF. Existing Site Conditions NRG Canal LLC, an affiliate of NRG Energy, owns approximately 88 acres of land in the town of Sandwich, at which the existing Canal Generating Station and ancillary structures and infrastructure are currently located (the Property). As shown on Figure 1, the Property is comprised of two separate areas. As described further below, the two areas are not physically contiguous to one another. Rather, the two areas are bisected by a separate parcel owned by the Massachusetts Department of Transportation (MassDOT) and operated as an active railroad right-of-way (ROW) by the Cape Cod Central Railroad. However, due to the common ownership of the two areas and their close proximity to one another, the two areas will be treated as one “property” for purposes of MEPA review. The northern portion of the Property (the Northern Area) comprises approximately 52 acres (approximately 48 acres of land above water and 4 acres of land under the water) on which in-water work was completed for infrastructure associated with the existing Canal Generating Station. The Northern Area is bounded by Freezer Road and land owned by the United States Army Corps of Engineers (USACE) to the east; Canal Service Road and the Cape Cod Canal to the north; the town of Bourne to the west; and Rickey’s Road and the railroad ROW to the south. Like all of Cape Cod, the Northern Area is located within the Massachusetts Coastal Zone, and a majority of the Northern Area is located within the FEMA-Mapped 100year flood zone. The Northern Area is zoned “Industrial Limited.” The majority of the Northern Area is currently developed to support the existing Canal Generating Station, which includes two dual-fueled electric generation units totaling approximately 1,120 MW, a 498-foot high exhaust stack, several aboveground oil storage tanks, ammonia storage tanks, and appurtenant structures 1 and infrastructure. The existing Canal Generating Station occupies the western portion of the Northern Area with some facilities and equipment located across portions of the 12-acre area on which temporary impact from Canal Unit 3 is proposed (the Simple-Cycle Site). The Canal Generating Station connects to an existing NSTAR Electric Company d/b/a Eversource Energy (Eversource) switchyard located to the south of the Northern Area across Rickey’s Road and the railroad ROW. The southern portion of the property (the Southern Area) is comprised of approximately 36 acres of land. The Southern Area is bounded by the town of Bourne to the west; Route 6A and Tupper Road to the south; an active railroad ROW, owned by MassDOT, to the north; and undeveloped property owned by Eversource to the east. The northern portion of the Southern Area is occupied by two large oil tanks which service the existing Canal Generating Station, with several unimproved roadways traversing the property. A 360-foot wide transmission corridor, held by Eversource under easement, occupies the eastern section of the Southern Area. The Southern Area, which is separated from the Northern Area by an active railroad corridor, is zoned “Business Limited 1.” The Southern Area is located within the Massachusetts Coastal Zone, with a portion located within the FEMA-mapped 100-year flood zone. Canal Community Solar will be located within an approximately 10-acre portion of the Southern Area (Solar Site), as shown on Figure 2, with 8.2 acres permanently occupied by the proposed solar arrays, access road, and electrical interconnection equipment. The Solar Site is undeveloped land, comprised of a mix of open fields, scrub/shrub, and wooded vegetation. The Solar Site will be accessed off an existing access road off of Tupper Road using an existing curbcut. Except for a small area of Land Subject to Coastal Storm Flowage, there are no wetland resources or buffer zones within the Solar Site. The solar arrays themselves will not be located within the FEMA mapped 100year flood plain; however, a vegetated bio-retention area, which will collect stormwater from the Solar Site and allow it to infiltrate into the ground, will occupy approximately 0.3 acres of floodplain. As shown on Figure 3, soils on the Solar Site are classified as Carver Loamy Coarse Sand, 3 to 8 percent slope, according to the United States Department of Agriculture. These soils are classified as “excessively drained.” Canal Community Solar Development Program Canal Community Solar will be an approximately 1.5-MW community solar project, consisting of two separate arrays, reflecting the two distinct lots that comprise the Solar Site (Map 86, Lots 13 and 15). Array 1 consists of 3,784 305-watt solar panels, with a combined output of approximately 1.15 MW. Array 2 consists of 1,956 305-watt solar panels, with a combined output of approximately 0.6 MW Canal Community Solar arrays will be configured in a series of smaller portions or rows, as shown on Figure 2. These rows can be allocated to different “off-takes” or customers, where each customer is given a certain kilowatt (kW) load allotment. For Canal Community Solar, the take-offs/customers could be both residential and business customers. However, NRG Renew Canal’s community solar strategy is focused around residential offtakes. For example, the recent 1-MW Freetown, Massachusetts community solar project is subscribed by 160 homeowners. The specific kW allotment per customer will be determined based on a 20-year contract between the customer and NRG. The contract also establishes a monthly rate paid by the customer to NRG. The customer is then credited on its monthly utility bill for the energy that the customer’s particular portion of the array produces in that month. No more than two participants may receive net metering credits in excess of those produced annually by 25-kW of nameplate DC capacity, and the combined share of said participants’ capacity shall not exceed 50% of the total capacity of the Generation Unit. The community solar garden is particularly helpful for those customers who wish to utilize solar energy but who cannot install solar panels on their own property for a variety of reasons. For example, residential customers may not have sufficient space on their property to install solar panels or they may reside in a 2 building (e.g., apartment or condominium) where solar installations are not available. In addition, by constructing a large 1.5-MW solar array, NRG is able to enjoy economies of scale such as lower construction and maintenance costs that can be passed on to the customers in terms of lower contract rates. Approximately 7.9 acres of the Solar Site will be cleared, graded and seeded with a grass mixture prior to installation of the arrays. By constructing the arrays on a seeded area, as opposed to a gravel surface or concrete pads, no significant increase in impervious area will result, except for the gravel access road connecting to the existing access driveway off of Tupper Road and the footing anchors of the panels themselves. Stormwater that does not infiltrate from the grassy area will be directed to a vegetated bioretention stormwater collection area, as shown on Figure 2. The 0.3-acre vegetated bio-retention area will be situated on the northern portion of the Solar Site, within Land Subject to Coastal Storm Flowage. Based on the existing and planned grade of the Solar Site and the general direction of water flow, this location is most suitable for this stormwater feature. Water collected in the vegetated bio-retention area will attenuate into the ground. As shown on Figure 2, a new 22.8-kV three-phase Eversource overhead circuit will be situated on the southern portion of the Solar Site, adjacent to Route 6A and the existing Eversource 22.8-kV three-phase overhead distribution circuit. Two new 22.8-kV three-phase underground circuits will be trenched across the western and eastern edge of the Solar Site to connect Array 1 and 2, respectively, into the existing Eversource circuit. A 22.8-kV to 480-volt pad-mount transformer and 480-volt main panel board will be situated amidst the solar panels and interconnect into the new underground circuits. Canal Unit 3 Development Program Canal Unit 3 is being developed by NRG Canal 3, a separate NRG Energy affiliate, and on a longer schedule than Canal Community Solar. Canal Unit 3 itself constitutes a MEPA Categorical Inclusion requiring a Draft and Final Environmental Impact Report, in addition to the ENF. As described later, the two projects are not co-dependent as NRG Renew Canal and NRG Canal 3 are prepared to proceed completely independently of one another. Since Canal Unit 3 will be the subject of a comprehensive draft and final Environmental Impact Report, it is not discussed further in this Expanded ENF. Required Permits for Phase I Solar Project There are no state permits required in connection with Canal Community Solar. Canal Community Solar will be subject to the NPDES General Permit for Construction Activities. Canal Community Solar will be subject to the jurisdiction of the Cape Cod Commission, and it is anticipated that Canal Community Solar will be reviewed as a Limited Development of Regional Impact Project, independent of the Commission’s review of Canal Unit 3. Canal Community Solar is located within the Town of Sandwich Old King’s Highway Historic District. As such, it will require a Committee Certificate of Appropriateness. Finally, Site Plan Approval from the Town of Sandwich Planning Board will also be required. It is noted that solar arrays currently are not permitted uses in the “Business Limited 1” District. NRG Renew Canal will seek rezoning of the Solar Site to allow the proposed Canal Community Solar project. Alternatives Analysis This section addresses the alternatives analysis conducted by NRG Renew Canal in connection with Canal Community Solar. This analysis considered on-site alternative configurations as well as off-site alternative locations for development of Canal Community Solar, as described below. 3 On-site Alternatives On-site alternatives considered included: (1) locating the solar arrays on the Simple-Cycle Site in a previously cleared area proximate to the proposed new simple-cycle turbine; (2) locating the solar arrays on the Simple-Cycle Site in a location between the existing Canal Unit 1 and aboveground oil storage tanks; (3) constructing a larger solar array on the proposed Solar Site; and (4) constructing the preferred solar array on the proposed Solar Site. 1. Use of Simple-Cycle Site for Solar Project Canal Unit 3 will be developed on the easternmost portion of the Northern Area, in a previously cleared and disturbed area. NRG Renew Canal evaluated the alternative of locating solar arrays adjacent to the proposed Canal Unit 3. This alternative had the advantages of: being located in the Industrial zoning district where large scale solar arrays are an allowed use; utilizing an area that had already been cleared; avoiding any significant loss of vegetation; and, being proximate to the proposed new units. However, this alternative was rejected for the reasons described below. The limited space available would have severely restricted the size of the solar array and, therefore, it’s electric output making the project uneconomical. The entire Northern Area is located in Land Subject to Coastal Storm Flowage. Accordingly, locating the solar arrays in this area would increase encroachment on that resource area and require additional storm protection. The solar arrays would be visible from areas subject to the jurisdiction of the Old King’s Highway Regional Historic District, including the pedestrian walkway along the Cape Cod Canal, as well as from the nearby marina. The solar arrays would be in the shadow of the existing and proposed new Canal Units, reducing the arrays’ output. 2. Use of Vacant Space on Northern Area An existing strip of undeveloped land is located within the Northern Area, west of the existing Canal Unit 1 and east of the fuel storage tanks. NRG Renew Canal evaluated locating the solar arrays in that portion of the Property. This alternative has the advantages of: being located in the Industrial zoning district where large scale solar arrays are an allowed use, and being located proximate to the existing units but outside of Land Subject to Coastal Storm Flowage. However, this alternative was rejected for the reasons described below. The limited space available would have severely restricted the size of the solar array and, therefore, its electric output, making the project uneconomical. The solar arrays would be located within the buffer zone of a salt marsh located south of the railroad ROW. The solar arrays would be visible from the pedestrian walkway along the Cape Cod Canal. The available area is entirely wooded and would need to be cleared, offering no advantage over the proposed location. 3. Increased Build Alternative on the Proposed Solar Site NRG Renew Canal considered a larger array on the proposed Solar Site. Portions of the Solar Site that could have accommodated additional arrays include the northern-most portion of the site, west of the existing oil tanks and the southeastern-most portion of the site, east of the natural gas pipeline easement and south of the electric easement. Adding additional arrays in these areas would increase the output of the project. However, this alternative was rejected for the following reasons: 4 The area in the northern portion of the site not slated for solar panels is within the 100-year floodplain, which is regulated as Land Subject to Coastal Storm Flowage. This area is proposed to be used for stormwater management for the Solar Site. As shown on Figure 2, locating solar panels in this areas would require locating the stormwater management areas further north into the buffer zone of a Bordering Vegetated Wetland. Solar panels located in the southeastern portion of the site, east of the natural gas pipeline ROW would be visible from Route 6A, which is also known as Old King’s Highway, part of the Old King’s Highway Regional Historical District. 4. Proposed Solar Site The proposed Solar Site maximizes the output of the Solar Project while restricting encroachment on jurisdictional wetlands to creation of a vegetated bio-retention area for stormwater management. No solar arrays will be placed in jurisdictional wetland areas. It further represents the alternative with the least visual impact, being well screened from Route 6A (Old King’s Highway), Tupper Road, and the Cape Cod Canal. It takes advantage of an underutilized industrial property that currently supports oil storage for the existing Canal Station, several electrical transmission easements and a natural gas pipeline ROW. For the reasons stated above, the on-site alternative locations were deemed to be inferior to the proposed Solar Site. Off-site Alternative NRG Renew Canal evaluated an approximately 44-acre site, consisting of five separate parcels owned by NRG Canal LLC co-located off of Town Neck Road and Coast Guard Road in Sandwich, Massachusetts called the Town Neck Site. Due to its size, the Town Neck Site could potentially accommodate solar arrays totaling approximately 2 MW. The Town Neck Site, shown on Figure 4, is located directly to the south of the Cape Cod Canal at the mouth of the waterway. The site is bounded by: Cape Cod Bay to the East; Canal Service Road and the Cape Cod Canal to the North; Town Neck Road to the south; and United States Coast Guard property and a restaurant to the west. The Town Neck Site is undeveloped and vegetated; the southern-most lots contain considerable wetlands, including potentially jurisdictional vernal pools. While this alternative initially had the advantage of greater capacity than the proposed location, it was rejected for the following reasons. The Town Neck Site was nearly completely wooded and would need to be cleared, offering no advantage over the proposed location. The entire array would be located in Land Subject to Coastal Storm Flowage, encroaching on that resource area and requiring additional storm protection. On-site wetland areas were determined to be more extensive than appeared on GIS mapping, resulting a greatly reduced buildable area and additional wetland impacts. The Town Neck Site would be visible from Cape Cod Bay beachfront as well as residences to the south. The Town Neck Site is considerably farther from the electric transmission system and a new offsite electrical connection would be required. For the reasons stated above, the off-site alternative location was deemed to be inferior to the proposed site. Phase I Solar Project Impacts This section addresses the potential environmental impacts from the Canal Community Solar project. Canal Community Solar does not require any state permits and it does not itself exceed any thresholds for an ENF or mandatory EIR. 5 Land Impacts The Solar Site will involve clearing of approximately 8.2 acres of land currently characterized by a mix of field, scrub/shrub, and wooded areas. The areas cleared for the solar panels will be seeded with a grass mixture prior to the installation of the approximately 1.5-MW of ground-mounted solar arrays. The panels are not considered “impervious” as rainwater will run off the panels which are tilted at a 20 to 30 degree angle onto the grassed area. As shown of Figure 2, Canal Community Solar includes a stormwater management system which conveys the stormwater from the Solar Site to a vegetated bio-retention area consistent with the Massachusetts Department of Environmental Protection (MassDEP), Cape Cod Commission, and Town of Sandwich stormwater management best practices and guidelines. Accordingly, impervious surfaces have been minimized and are limited to the 0.4 acre upland area for the footings of the proposed solar arrays and for the proposed gravel roadway. State Listed Species under M.G.L. c. 131A As shown on Figure 5, Canal Community Solar does not involve the alteration of designated significant habitat or disturbance of designated priority habitat, as defined in 321 CMR 10.02. Therefore, significant impacts to state-listed endangered or threatened species or species of special concern are not expected to occur. Wetlands, Waterways and Tidelands As shown on Figure 5, other than Land Subject to Coastal Storm Flowage, the Solar Site does not contain any wetland resource areas, waterways or tidelands. Accordingly, there will be no impacts to wetlands, waterways or tidelands associated with Canal Community Solar other than the creation of a vegetated bioretention area for collecting stormwater from the site, which will be allowed to infiltrate into the ground, consistent with best management practices for stormwater control. Water Use There will be no new water use associated with Canal Community Solar. Accordingly, there will be no water supply impacts associated with the project. Wastewater There will be no wastewater generated by Canal Community Solar. wastewater impacts associated with the project. Accordingly, there will be no Transportation As shown on Figure 2, access to the Solar Site will be provided by constructing a short, gravel roadway to connect the Solar Site to an existing unpaved roadway with existing access onto Tupper Road. Construction of Canal Community Solar is expected to take approximately five months. During that time a maximum of 10 construction workers and delivery trucks would be expected to access the site daily. Site access during construction would be via an existing access driveway off of Tupper Road. The construction worker and delivery vehicle trips would have an insignificant impact on traffic on Tupper Road and Route 6A. Once operational there will be no appreciable traffic generated by Canal Community Solar. The site will be unmanned and accessed via an existing access driveway off of Tupper Road for maintenance purposes. Energy Canal Community Solar will have an electrical generation capacity of approximately 1.5 MW of renewable energy. Based on the expected capacity factor, this will result in supply of 2,023,000 kW-hours/year of 6 electrical energy to the regional electric supply. Accordingly, the proposed Phase I Canal Community Solar project will have a positive impact on energy generation. Air Quality Canal Community Solar will supply approximately 2,023,000 kW-hours of renewable energy to the regional electric supply annually. The addition of this clean, renewable energy will displace older, more polluting generating facilities and is expected to result in a net decrease of emissions of air pollutants, including 924.5 tons per year of CO2 emissions1. Accordingly, the proposed Canal Community Solar project will have a positive impact on emissions of air pollutants and greenhouse gases. Solid and Hazardous Waste There will be no solid or hazardous waste generated by Canal Community Solar. There have been no known releases or threats of release of hazardous materials at the Solar Site. Historical and Archaeological Resources There are no state-listed historical or archaeological resources on the Solar Site. The Solar Site is located within the Old King’s Highway Regional Historic District. Further, the southernmost portion of the Solar Site is located in the Route 6A West section of the Old King’s Highway Regional Historic District. The proposed Canal Community Solar project will undergo review by both the Cape Cod Commission and the Town of Sandwich Old King’s Highway Historic District. As the solar arrays are low to the ground and completely obscured by the surrounding vegetation, they will not be visible from Old King’s Highway or the surrounding area. Therefore, the proposed Canal Community Solar project is not expected to have an adverse effect on any historic resources. Areas of Critical Environmental Concern There are no designated Areas of Critical Environmental Concern located at the Solar Site. Accordingly, the proposed Canal Community Solar project will have no impact on any such areas. Environmental Justice Areas As shown on Figure 6, there are no qualifying Environmental Justice areas within 5 miles of the Solar Site. Therefore, Canal Community Solar will not adversely impact these areas. Consistency with Local and Regional Plans This section describes Canal Community Solar’s consistency with applicable local and regional plans and policies. Commonwealth of Massachusetts Policies Canal Community Solar is consistent with the objectives of recent Commonwealth of Massachusetts legislative acts and programs, including the Global Warming Solutions Act of 2008 and the Green Communities Act of 2008. This legislation and implementing programs encourage the reduction of greenhouse gas emissions (GHG’s), through a number of policies, including the development of solar power generation. Most recently the Commonwealth’s goal to increase solar power generation has expanded to a total of 1,600 MW by the year 2020. 1 Based on the ISO-New England marginal emission rate of 914 pounds per megawatt-hour (lb/MW-hour). The system average emission rate of 730 lb/MW-hour would result in displacement of 738.4 tons per year of CO2. 7 Coastal Zone Management Plan Canal Community Solar is consistent with the Coastal Zone Management policies as follows: Energy Policy #1 Summary Statement For coastally dependent energy facilities, assess siting in alternative coastal locations. For noncoastally dependent energy facilities, assess siting in areas outside of the coastal zone. Weigh the environmental and safety impacts of locating proposed energy facilities at alternative sites. Expansion of existing energy facilities located in or affecting the coastal zone may be coastally dependent if: • The existing and expanded facility is dependent on existing infrastructure, such as fuel delivery systems and transmission lines that are currently located in the coastal zone. • All new facility and ancillary construction (including but not limited to transmission lines, fuel delivery systems, and traffic systems) are fully described and impacts to the land and water resources and uses of the Massachusetts coastal zone are fully assessed, avoided, minimized, and mitigated. • In keeping with Executive Order (E.O.) 385 Planning for Growth, the effects of the proposed additional energy capacity on residential and commercial growth are described. Canal Community Solar is not a coastally dependent energy facility. All of Cape Cod is located in the coastal zone. Accordingly, there are no on-Cape alternative sites for the Community Solar Project. Energy Policy #2 Summary Statement Encourage energy conservation and the use of renewable sources such as solar and wind power in order to assist in meeting the energy needs of the Commonwealth. Key Policy Elements CZM strongly endorses efforts to conserve energy and to develop alternative sources of power. To this end, CZM will cooperate with EEA, the Department of Energy Resources, Massachusetts Clean Energy Center, and others in implementing the Commonwealth’s comprehensive energy conservation program, insofar as it relates to state activities within the coastal zone. In addition, CZM will support alternative energy source demonstration projects that may be proposed in the coastal zone, assuming that the proposed projects have minimal impacts on coastal resources and uses and will assist in locating appropriate sites and evaluating feasibility studies as appropriate. Canal Community Solar is consistent with this policy as the project is a renewable energy source that will assist meeting the energy needs of the Commonwealth with minimal impact on coastal resources and uses. Cape Cod Regional Plan Goal E-1 of the Cape Cod Regional Plan identifies the following related to Emissions and Energy Use: To promote a sustainable economic, natural, built, and social environment by reducing greenhouse gas emissions and energy consumption through design and construction practices that increase energy conservation, promote energy efficiency, and promote self-sufficiency through the use of locally distributed renewable energy. Additionally, the Cape Cod Regional Plan identifies specific actions for both the Cape Cod Commission and the municipalities to pursue with regard to encouraging solar energy development. 8 Canal Community Solar is consistent with this identified goal as well as the solar energy-related action items identified in the Regional Plan. Town of Sandwich Local Comprehensive Plan (2009) The Town of Sandwich’s Local Comprehensive Plan (LCP) makes many references to promoting the use of renewable energy, including solar energy, and supporting the Commonwealth’s sustainable energy policies. Many of the goals, policies and action plans of the LCP encourage the use and development of solar energy to reduce impacts on the environment and correlate to the Cape Cod Commission’s goals for air pollution reduction in the region, climate change, energy conservation and development, hazard mitigation and adaptation, land conservation, and Smart Growth Development. Town of Sandwich Protective Zoning By-Law Under Massachusetts General Law 40A Section 3, local zoning may not prohibit the installation of solar energy facilities. No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. Under Section 2200 of the Town of Sandwich Use Regulations of the Protective Zoning By-Law, Solar Photovoltaic Installations (Large Scale Ground Mounted [greater than 250 kilowatts]) are allowed by right in the IND (Industrial Limited) district. NRG Canal Renew is pursuing a zoning change for the Solar Site that would enable Canal Community Solar to move forward. Assuming the zoning change is approved, Canal Community Solar will be consistent with local zoning requirements. Greenhouse Gas Analysis This section addresses Canal Community Solar’s compliance with the Greenhouse Gas Emission Policy and Protocol (GHG Policy). The GHG Policy requires that proponents of projects that require preparation of an environmental impact report to quantify the greenhouse gas (GHG) emissions from the proposed project and analyze proposed mitigation measures for those emissions. The GHG Policy further provides that if a project proponent seeks a Phase I Waiver pursuant to 301 CMR 11.11(4), the EENF should contain the required GHG analysis only if the Phase I project will result in material GHG emissions itself. The proposed Canal Community Solar project will not result in any appreciable emissions of GHG. Very minimal traffic (less than 10 trips per day) is expected during the five-month construction period, and very infrequent traffic will occur during operation. In fact, Canal Community Solar is expected to offset 924.5 tons per year of CO2 by displacing the operation of GHG-emitting resources. Accordingly, no further GHG analysis of Canal Community Solar is required under the GHG Policy. NRG Canal 3 will conduct and submit a comprehensive GHG analysis for Canal Unit 3 as part of its draft Environmental Impact Report filing. Phase I Waiver Criteria Requirements This section addresses the standards for grant of a Request for Phase I Waiver under the MEPA regulations at 310 CMR 11.11(1) and (4). 9 Pursuant to 301 CMR 11.11(1) Standards for all Waivers, the Secretary may waive requirements of provisions of the MEPA regulations if the Secretary finds that strict compliance with those provisions would: (a) result in a hardship for the Proponent, unless based on delay in compliance by the Proponent; and (b) not serve to avoid or minimize damage to the environment. In addition, pursuant to 301 CMR 11.11(4) Determination for Phase I Waiver, the Secretary must find that: (a) the potential environmental impacts of phase one, taken alone are insignificant; (b) ample and unconstrained infrastructure facilities and services exist to support phase one; (c) the Project is severable, such that phase one does not require the implementation of any other future phase of the Project or restrict the means by which potential environmental impacts from any other phase of the Project may be avoided, minimized or mitigated; and (d) the Agency Action on phase one will contain terms such as a condition or restriction in a Permit, contract or other relevant document approving or allowing the Agency Action, or other evidence satisfactory to the Secretary, so as to ensure due compliance with MEPA and 301 CMR 11.00 prior to commencement of any other phase of the Project. As discussed in more detail below, the proposed Canal Community Solar project meets all standards for grant of a Phase I Waiver. 1. Failure to grant the waiver would result in significant hardship for the Proponent NRG Renew Canal is requesting a Phase I Waiver so that Canal Community Solar can proceed in advance of the MEPA review process for Canal Unit 3. This request is due to the fact that, if Canal Community Solar were subject to the same review requirements/timeframes as the review requirements/timeframes for Canal Unit 3, the Proponent would not move forward with Canal Community Solar. As described in more detail below, NRG Renew Canal needs to take advantage of certain investment tax credits that are set to expire at the end of 2016. In order to take advantage of these tax credits, Canal Community Solar must be operational by December 31, 2016. Canal Unit 3 will require the preparation and review of both Draft and Final Environmental Impact Reports, which will include a number of complex analyses not relevant to the solar project (e.g., air quality and noise impact modeling). The anticipated time period to complete this comprehensive MEPA review process for Canal Unit 3 would not accommodate Canal Community Solar’s need to be operational by December 31, 2016. The solar Investment Tax Credit (ITC) was designed to support the widespread deployment of solar energy, and was created as part of the Energy Policy Act of 2005 and extended for eight years in the Emergency Economic Stabilization Act of 2008. It is the principle federal policy mechanism supporting the solar industry. Specifically, the ITC allows companies and individuals that install, develop, or finance solar systems to claim a tax credit in the amount of 30% of the investment cost of the project. The 30% credit has been instrumental in jump-starting and growing the United States solar industry but is only in effect until December 31, 2016, at which point the credit will drop to 10% for third-party owned systems and to 0% for residentially owned systems. To qualify for the 30% credit, projects must be placed in service prior to December 31, 2016. The economic and growth impacts of the ITC “cliff” across the solar industry will be significant and widespread; it is a widely held belief that the market will experience a dramatic slowdown in growth due to infeasibility of project economics. Projections from leading energy models, including the United States Energy Information Agency, forecast the coming solar cliff due to the ITC step down will depress solar installations for many years to come. The 2015 market report by the Solar Energy Industry Association (SEIA)2, one the largest and well-reputed national non-profit trade associations for solar energy in the U.S., opines the following: 2 http://www.seia.org/research-resources/solar-market-insight-report-2015-q1 10 Businesses across the solar energy industry have begun preparing for the worst while hoping for the best. In general, solar businesses will try to bring as much capacity online as possible before the scheduled stepdown. Solar development will continue, but some markets will fare better than others, and resumption of growth after 2017 will look different from the growth seen over the past eight years. For all market segments, the total addressable market will shrink post-2016, some states will fall off the solar map entirely, and resumption of growth at a national level will be due to several states with strong economics…Overall, installations are expected to drop 57% in 2017. The reduction in the ITC will increase solar arrays’ corresponding power purchase agreement (PPA)3 rates by 20 to 40% between projects placed in service in 2016 versus the same project placed in service in 2017. For example, a competitive PPA rate today for the first year of a contract for a 1 MW AC community solar project in Massachusetts with standard economic assumptions4 might be approximately $0.15/kWh. As such, this project would be marketable to residential offtakes since that PPA rate can provide homeowners with a cost savings in comparison with what they would otherwise be paying on their current electricity bill. The cost savings occur when the offtake buys electricity generated from the solar project at a lower dollar per kilowatt-hour ($/kWh) PPA rate than the $/kWh rate at which they buy electricity from the grid via their current electricity supplier. When modeling that same project going into commercial operation in 2017, the PPA rate would increase to approximately $0.19/kWh due to the need to compensate for the lost value of the ITC. The completion of the solar project thus becomes unlikely due to a lack of interest from homeowners who may not save money on their electricity bill by subscribing as a power offtake. If the solar project were to maintain that $0.15/kWh rate in a post-ITC environment, it would see a net economic loss over the project’s 20-year life and, therefore, the project would not move forward. In summary, without the Phase I Waiver, NRG Renew Canal cannot take advantage of the solar ITC. If NRG Renew Canal cannot construct Canal Community Solar in time to take advantage of the solar ITC, Canal Community Solar will not be economically viable and NRG Renew Canal will not pursue Canal Community Solar. Accordingly, the hardship to NRG Renew Canal is based upon the reality that without the Phase I Waiver, Canal Community Solar is not economically viable, and simply will not go forward. Clearly, the inability of NRG Renew Canal to pursue Canal Community Solar would result in an economic hardship. If Canal Community Solar does not go forward, NRG Renew Canal would be forced entirely to forego this otherwise profitable business endeavor. Moreover, the inability of NRG Renew Canal to pursue Canal Community Solar also results in a hardship to members of the public who wish to avail themselves of the benefits of the community solar project. That is, without Canal Community Solar, members of the community would not be able to take advantage of the environmentally beneficial opportunity to “go solar” or the financially beneficial opportunity to reduce their electric bills. As important, and as described in greater detail in Section 2, below, failure to grant the Phase I Waiver would also result in a significant hardship to the environment because of the recognized environmental benefits afforded by solar energy. 3 A PPA is a contract between two parties, one who generates electricity (the seller) and one who purchases the electricity (the buyer). 4 Assumes 1 MW AC ground-mounted fixed-tilt project under a 20-year PPA contract term. 11 2. Failure to Grant the requested Phase I Waiver would not serve to avoid or minimize damage to the environment. As described in the foregoing sections and as summarized below, the work associated with Canal Community Solar will have insignificant adverse impact to the environment. Taken alone, Canal Community Solar does not trigger any thresholds for an ENF or mandatory EIR, and no independent state permits are required for Canal Community Solar. In contrast, Canal Community Solar provides significant benefits to the environment. As stated in the Greenhouse Gas Analysis section above, Canal Community Solar will result in the displacement of 924.5 tons per year of CO2 emissions that would otherwise occur. 3. The potential environmental impacts of Canal Community Solar, taken alone, are insignificant. As detailed in this Expanded ENF, Canal Community Solar does not involve any adverse impacts to any Areas of Critical Environmental Concern, mapped rare species habitat, historic or archaeological resources, wetlands, water resources, waterways, air quality, or traffic. Although a vegetated, bioretention area will be created within Land Subject to Coast Storm Flowage, no significant long-term adverse impact to this resource is anticipated. The only area of potential environmental concern associated with Canal Community Solar is related to clearing of the Solar Site. Canal Community Solar has minimized impact to land due to the compact layout of the solar arrays. Further, the arrays will be underlain by grass which is not considered an impermeable surface. While construction of Canal Community Solar will involve clearing of vegetation, clearing is limited to those areas needed to accommodate the arrays. The Solar Site also contains areas that have been previously disturbed as well as areas that are “burdened” by existing utility easements. 4. Ample and unconstrained infrastructure facilities and services exist to support phase one. Canal Community Solar does not require additional off-site infrastructure facilities or services. Canal Community Solar does not require either sewer or water services. Access to the Solar Site will be via an existing access road off of Tupper Road, utilizing existing curbcuts. Canal Community Solar includes a new 22.8-kV three-phase overhead circuit and two underground 22.8-kV three-phase circuits, as well as two pad-mount transformers and two panel boards, one for each solar array. Canal Community Solar will connect to the existing Eversource 22.8-kV three-phase overhead distribution circuit which follows Route 6A, located south of the Solar Site. 5. The Project is severable, such that phase one does not require the implementation of any other future phase of the Project or restrict the means by which potential environmental impacts from any other phase of the Project may be avoided, minimized or mitigated Canal Community Solar is completely independent of, and does not depend in any way on, the development of Canal Unit 3. The two projects have separate and distinct purposes. Canal Community Solar is intended to provide retail users the ability to enter contracts to purchase solar energy as an alternative to installing solar arrays on their own. This is particularly important to retail customers for whom installation of personal solar arrays is not feasible. Canal Unit 3 is intended to provide utilityscale, needed peak-demand generation capacity to a currently constrained load-zone in the ISO-New England electricity grid. Implementation of Canal Community Solar will in no way restrict the means by which impacts from Canal Unit 3 may be avoided, minimized or mitigated. Any environmental impacts of Canal Unit 3 can be adequately avoided, minimized or mitigated utilizing the Northern Area of the Property and Canal Unit 3 does not in any way depend on Canal Community Solar. Similarly, Canal Community Solar does not depend on Canal Unit 3 moving forward. 12 6. The Agency Action on phase one will contain terms such as a condition or restriction in a Permit, contract or other relevant document approving or allowing the Agency Action, or other evidence satisfactory to the Secretary, so as to ensure compliance with MEPA and 301 CMR 11.00 prior to commencement of any other phase of the project. NRG Canal 3 agrees to prepare and file a comprehensive Draft and Final EIR for review of Canal Unit 3 prior to development of that project, and expects that the Secretary will memorialize this commitment in any Certificate or Order granting a Phase I Waiver. 13 Figures Figure 1: Location Map Figure 2: Solar Site Plan Figure 3: NRCS Soil Units Figure 4: Offsite Alternate Solar Site Figure 5: Environmental Constraints Figure 6: Environmental Justice Areas N NH H V V TT Legend N NY Y MA Canal Property ¯ Project Location R R II ! C C TT Atla nti c Oc ea n 0 500 1,000 2,000 Feet Figure 1 Location Map NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Figure1_Canal3_topo.mxd Figure 2 Solar Site Plan NRG Renew Canal 1 LLC Sandwich, Massachusetts N NH H V V TT Legend Northern Area N NY Y MA Southern Area Project Location R R II Figure 3 NRCS Soil Units Soil Unit 259B: Carver loamy coarse sand, 3-8% slopes 380B: Nantucket sandy loam, 3-8% slopes ! 54A: Freetown and Swansea mucks, coastal lowland, 0-1% slopes C C TT O Atla ntic n cea 665: Udipsamments, smoothed 0 100 200 400 Feet ¯ Source: United States Department of Agriculture. Natural Resource Conservation Service. NRG Renew Canal 1 LLC Sandwich, Massachusetts Date: 5/12/2015 Path: N:\EP\Sandwich Power\Figure 1 Project Locus_Solar.mxd Project Locus 1 inch = 2,000 feet 0 1,000 Feet 2,000 Figure 4 Offsite Alternate Solar Site ¹ NRG Renew Canal 1 LLC Sandwich, Massachusetts N NH H V VT T Legend Northern N NY Y MA Project Location R R II Chapter 91 Jurisdictional Coastal Bank Bluff or Sea Cliff Simple-Cycle Site NHESP Priority Habitats of Rare Species Salt Marsh Shallow Marsh Meadow or Fen Shrub Swamp Atla nti c O ce an ¯ DEP Mapped Wetland Type Southern Solar Site ! C CT T 100-year Flood Zone Wooded Swamp Deciduous 0 125 250 Figure 5 Environmental Constraints 500 Feet Source: FEMA Flood Zones 2014, Department of Environmental Protection (DEP) Wetlands Conservancy Program (WCP) 2014, NHESP 2014, ESRI Imagery 2013. NRG Renew Canal 1 LLC Sandwich, Massachusetts Note: No NHESP Certified Vernal Pools in map extent. R:\Projects_2014\Canal_3\maps\Figure4_Canal3_Environmental_Constraints.mxd White Island Shores ! Sagamore ! Wareham ! Sandwich Buzzards Bay ! ! Wareham Center ! East Sandwich Onset ! ! Bourne ! Monument Beach West Barnstable ! ! Barnstable ! Forestdale Pocasset ! ! N NH H V V TT Legend N NY Y MA Project Area Project Location R R II 5-mile Buffer ! EJ Criteria, by Block Group Minority 0 Income C C TT Minority and Income Atla ntic O ce an 0.5 1 2 Miles ¯ Source: MassGIS. 2010 U.S. Census. Environmental Justice Populations. December 2012. Figure 6 Environmental Justice Areas NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Canal3_EJ_Areas.mxd Attachment 3: List of Release Tracking Numbers 9 Freezer Road RTN 4-0010231 4-0010297 4-0010303 4-0010584 Date 1994-01-25 1995-02-25 1994-02-28 1994-06-29 4-0013525 1997-11-19 4-0013791 1998-05-04 4-0013851 4-0013963 4-0014588 1998-05-04 1998-06-17 1999-03-12 4-0014831 4-0015444 4-0018844 4-0021809 4-0022326 4-0024673 4-0024883 4-0024946 1999-07-07 2000-04-26 2005-01-01 2009-02-27 2009-12-03 2013-07-15 2013-11-23 2014-01-04 Description Release of 200 gallons of #6 fuel oil on soil and gw (cat. 1) Release of 35 gallons of sodium hydroxide on soil (cat. 2) Release of 25 gallons of lubricating oil Release of 3,039 gallons of hypochlorous acid/sodium salt and 10 pounds of sodium hypochlorite on soil and gw (cat. 1) Release to soil and gw (cat. 1) of: - 230 ppb aromatics - 380 ppm aromatics - 120 ppb arsenic - 6.5 ppm benzo(a)anthracene - 0.2 ppb benzo(a)pyrene - 5.9 ppm benzo(a)pyrene - 6.6 ppm benzo(b)fluoranthene - 64 ppb lead - 120 ppb nickel Release of 5,000 ppb of C9 through Aliphatic hydrocarbons and 25,000 ppm of TPH on soil and gw (cat. 1) Release of 300 ppm of aromatics on soil and gw (cat. 1) Release of 10 gallons of transformer oil on soil and gw (cat. 1) Release of 500 gallons of #2 fuel oil and an unknown amount of magnesium oxide on soil and gw (cat. 1) Release of 25 gallons of mineral oil on soil (cat. 3) and gw (cat. 1) Release of 60 gallons of transformer oil Release of 5,000 gallons of #6 oil on soil & gw (category 1) Release of 2,000 gallons of #6 fuel oil on soil and gw (category 1) Release of 48 mg/kg of chromium on soil and gw (category 1) Release of 800 gallons of non-pcb transformer oil Release of 25 gallons of #6 fuel oil on soil (category 1) Release of 50 gallons of #6 fuel oil on soil (category 1) RAO Class/Phase A2 A1 A1 A1 C1 / Phase IV A2 B1 A2 A2 A1 A1 A2 A2 A2 Phase II A2 A1 Freezer Road RTN 4-0011049 4-0012223 Date 1995-01-11 1996-05-29 4-0010221 1994-01-20 Description RAO Class/Phase Release of 40 gallons of #2 fuel oil on soil (cat. 3) and gw (cat. 1) A2 Release of 10 gallons of #6 fuel oil and 16 ppm of 2-Methylnphthalene on soil A2 and gw (cat. 3) Release of 25 gallons of diesel fuel off a boat Not Required 20 Freezer Road RTN 4-0018469 Date 2004-06-02 4-0021508 2008-09-12 Description Release of unknown amount of ammonia sulfide on soil (cat. 2) and gw (cat. 1) Release of 10 gallons of motor oil on soil (cat. 1) RAO Class/Phase A1 A1 Source: Massachusetts Department of Environmental Protection. Waste Site/ Reportable Releases LookUp, Version: 1.0.0.2 ~ Built Date: 5/5/2015. http://public.dep.state.ma.us/SearchableSites2/Search.aspx. Attachment 4: Project Locus Maps Figure 1 – USGS Locus Map (as required by both MEPA and CCC) Figure 2 – Project Overview Aerial Photograph Figure 3 – Project Site Aerial Photograph N NH H V VT T Legend N NY Y MA Figure 1 USGS Locus Map Canal Property Project Location R R II ¯ ! C CT T Atla nti c Oc ea n 0 500 1,000 2,000 Feet NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Figure1_Canal3_topo.mxd Sc us n Sagamore Elementary se Scusset Scusset Beach Beach State State Reservation Reservation tB ea ch Rd School Shawme Shawme Park Park U V 6 Shawme Shawme Crowell Crowell State State Forest Forest U V 130 Camp Camp Edwards Edwards Army Army Natl Natl Guard Guard £ ¤ 6 n Henry T Wing School Legend n Northern Area Railroad Southern Area Proposed Electrical Interconnection Simple-Cycle Site Proposed Natural Gas Interconnection Solar Site Proposed Oil Interconnection School State Park or Forest Major Road Local Park or Recreational Area Local Road Military Installation 0 Figure 2 Project Overview Aerial Photograph ¯ 500 1,000 2,000 Feet NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Figure2_Canal3_Overview_Aerial.mxd Ed Mo ffi tt D r Scusset Scusset Beach Beach St St Reservation Reservation r Tuppe N NH H V VT T Legend N NY Y MA Project Location R R II ! C CT T Atla nti c O ce an Northern Area Proposed Oil Interconnection Southern Area Proposed Natural Gas Interconnection Simple-Cycle Site Proposed Electrical Interconnection Solar Site State Park or Forest Railroad Rd Figure 3 Project Site Aerial Photograph ¯ 0 100 200 400 Feet NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Figure3_Canal3_Detail_Aerial.mxd Attachment 5: Constraint Maps Figure 4 – Environmental Constraints Figure 5 – Cultural Constraints N NY Y MA ¯ Legend N NH H V VT T Project Location R R II Northern 100-year Flood Zone Southern Chapter 91 Jurisdictional Coastal Bank Bluff or Sea Cliff Simple-Cycle Site NHESP Priority Habitats of Rare Species Salt Marsh Solar Site ! C CT T DEP Mapped Wetland Type Shallow Marsh Meadow or Fen Shrub Swamp Atla nti c O ce an Wooded Swamp Deciduous 0 125 250 Figure 4 Environmental Constraints 500 Feet Source: FEMA Flood Zones 2014, Department of Environmental Protection (DEP) Wetlands Conservancy Program (WCP) 2014, NHESP 2014, ESRI Imagery 2013. Note: No NHESP Certified Vernal Pools in map extent. NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Figure4_Canal3_Environmental_Constraints.mxd ( ! Scusset Beach State Reservation Canal Fish and Freezing ( Company ! Old King's Highway Regional Historic District Cape Cod Canal Access ( ! Canal Electric Company Plant Cape Cod Canal Access Freeman Farm Town Neck ( ! ( ! ( ! Route 6A - West Area Water District Land Saddle and Pillion Legend N NH H V VT T ( ! N NY Y MA ( ! ( ! Southern Area ( ! Simple-Cycle Site ( ! ! ( ! ( ! C CT T O Atla nti c ( ! ( ! Solar Site ( ! ¯ Route 6A - West Area Town Neck ( ! Protected and Recreational Open Space n cea Historic Point ( ! Project ( ! Location R R II Historic Northern Area ( ! Route 6A - West Area Roberti Dairy Farm ! ( ( Burial Ground ! ( ! ( ! ( ( King's ! ! Old Highway Regional Historic District ( ! Old King's Highway Regional Historic District ( ! ( ! 0 100 200 400 Feet Source: MassGIS 2014, ESRI Imagery 2013. Figure 5 Cultural Constraints NRG Canal 3 Development LLC ( ! NRG Renew Canal 1 LLC Sandwich, Massachusetts R:\Projects_2014\Canal_3\maps\Figure5_Canal3_Cultural_Constraints.mxd ( ! Attachment 6: Site Plan Figure 6 – Existing Conditions Plan (as required by both MEPA and CCC) Figure 6 Existing Conditions Plan NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts Attachment 7: Proposed Development Plans Figure 7 – Proposed Site Plan (as required by both MEPA and CCC) Figure 7 Proposed Site Plan NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts Attachment 8: ENF Circulation List Martin Suuberg, Commissioner MassDEP One Winter Street Boston, MA 02108 Kimberly Groff MassDEP Division of Watershed Management 627 Main Street, 2nd Floor Worcester, MA 01608 MassDEP Southeast Regional Office Attn: MEPA Coordinator 20 Riverside Drive Lakeville, MA 02347 MassDEP Southeast Regional Office Industrial Wastewater Permit Program 20 Riverside Drive Lakeville, MA 02347 MassDEP Southeast Regional Office Division of Air Quality Control 20 Riverside Drive Lakeville, MA 02347 Massachusetts Department of Transportation Public/Private Development Unit 10 Park Plaza Boston, MA 02116 Massachusetts Department of Transportation District 5 Office Attn: MEPA Coordinator 1000 County St Taunton, MA 02780 Massachusetts Historical Commission 220 Morrissey Boulevard Boston, MA 02125 Department of Energy Resources Attn: MEPA Coordinator 100 Cambridge Street, 10th Floor Boston, MA 02114 Coastal Zone Management Attn: Project Review Coordinator 251 Causeway Street, Suite 800 Boston, MA 02114 Massachusetts Department of Safety Department of Fire Services Stephen D. Coan, Fire Marshal 1 State Road Stow, MA 01775 Division of Marine Fisheries (South Shore) Attn: Environmental Reviewer 1213 Purchase Street -3rd Floor New Bedford, MA 02740 Energy Facilities Siting Board Attn: MEPA Coordinator One South Station, Fifth Floor Boston, MA 02110 Cape Cod Commission 3225 Main Street (Route 6A) Barnstable, MA 02630 Old King’s Highway Historic District Committee 130 Main Street Sandwich, MA 02563 Sandwich Historical Commission 142 Main Street Sandwich, MA 02563 Town of Sandwich George H. Dunham, Town Manager 130 Main Street Sandwich, MA 02563 Town of Sandwich Planning Board 130 Main Street Sandwich, MA 02563 Sandwich Conservation Commission 16 Jan Sebastian Drive Sandwich, MA 02563 Town of Sandwich Board of Selectmen 130 Main Street Sandwich, MA 02563 Sandwich Board of Health 16 Jan Sebastian Drive Sandwich, MA 02563 Town of Bourne Board of Selectmen 24 Perry Avenue Buzzards Bay, MA 02532 Town of Bourne Conservation Commission 24 Perry Avenue, Room 201 Buzzards Bay, MA 02532 Town of Bourne Thomas M. Guerino, Town Administrator 24 Perry Avenue, Room 101 Buzzards Bay, MA 02532 Town of Bourne Board of Health 24 Perry Avenue, Room 201 Buzzards Bay, MA 02532 Town of Bourne Planning Board 24 Perry Avenue, Room 201 Buzzards Bay, MA 02532 Attachment 9: List of Federal, State, and Municipal Agency Permits Anticipated for Canal Unit 3 Agency Permit Federal Aviation Administration (FAA) Notice of Construction for Stack U.S. Environmental Protection Agency (USEPA) NPDES Stormwater Permits (construction and operation) Energy Facilities Siting Board (EFSB) EFSB Approval Massachusetts Department of Environmental Protection (MADEP)/Bureau of Waste Prevention – Air Quality New Source Review/Air Plan Approval MADEP/Bureau of Waste Prevention – Air Quality Federal Prevention of Significant Deterioration MADEP/Water Management Act Program Water Management Act Approval MADEP/Division of Water Quality Water Quality Certification (integrated in other approvals) MADEP/Sandwich Conservation Commission Notice of Intent under Wetlands Protection Act Massachusetts Department of Public Safety Aboveground Storage Tank – Fuel Oil Tank Approval Massachusetts State Fire Marshall Hazardous Substance Tank Approval Massachusetts Department of Transportation (MassDOT) Approval under M.G.L. Ch. 40, Section 54A Cape Cod Commission Development of Regional Impact Review Town of Sandwich Old King’s Highway Historic District Committee Certificate of Appropriateness Note: See Attachment 2: Expanded ENF for list of permits required by Canal Community Solar. Attachment 10: CZM Consistency This section outlines Canal Unit 3’s consistency with CZM Policies. Consistency of Canal Community Solar is discussed in Attachment 2. 1.0 MASSACHUSETTS OFFICE OF COASTAL ZONE MANAGEMENT The Massachusetts Office of Coastal Zone Management (CZM) is the primary policy and planning agency on coastal and ocean issues within the Executive Office of Energy and Environmental A ffairs (EOEEA). Policies established by CZM serve as the foundation for the Massachusetts Coastal Program and provide the framework for all project review activities. Policies are organized into nine categories: Coastal Hazards Energy Growth Management Habitat Ocean Resources Ports and Harbors Protect Areas Public Access Water Quality The CZM Program was established to protect and manage the development and use of the coastal zone under the provisions of the Federal Coastal Zone Management Act of 1972. This goal is accomplished by reviewing proposed activities within the coastal zone in terms of consistency with the CZM Coastal Policies and Management Principles. The activities proposed in conjunction with construction and operation of the project comply with the Massachusetts Coastal Program Policies and will be conducted in a manner consistent with such policies, as set forth in the following sections. 1.1 Coastal Hazards Hazardous areas are defined as areas susceptible to storm surge and waves, flooding, erosion, and relative sea level rise. 1.1.1 Coastal Hazards Policy #1 Preserve, protect, restore, and enhance the beneficial functions of storm damage prevention and flood cont rol provided by natural coastal landforms, such as dunes, beaches, barrier beaches, coastal bank s, land subject to coastal storm flowage, salt marshes, and land under the ocean. The propos ed Project will conform with Coastal Hazard Policy #1. The Project will result in alterations to Land Subject to Coastal Storm Flowage (LSCSF), but will not result in adverse impacts to the storm damage and flood control functions. As the Project Site is currently occupied by warehouses, trailers, tanks, and temporary parking, the Project does not represent a significant change in land use. All energy generating facilities located within the 100 -year floodplain will be constructed in compliance with Massachusetts State Building Code requirements for structures within the floodplain. Although the entire Project is proposed within the 100-year floodplain, construction is not expected to result in redirection of storm waves so as to affect abutting properties. Canal Unit 3 Attachment 8: CZM Consistency The floodplain associated with the Cape Cod Canal is regulated as LS CSF under the Massachusetts Wetlands Protection Act. Impacts to approximately 10.6 acres of LS CSF will result from construction of the energy generating facilities and ancillary equipment, including access roadways on the Site. There will be no alteration to coastal bank or land under the ocean. The site does not contain salt marsh, dunes or barrier beaches. Construction of the new facilities will be entirely within areas previously disturbed for construction of the existing Canal Generating Station. 1.1.2 Coastal Hazards Policy #2 Ensure that construction in wat er bodies and contiguous land areas will minimize interference with water circulation and s ediment transport. Flood or erosion control projects must demonstrate no significant adverse effects on the project site or adjacent or downcoast areas. The Project will conform wit h Coastal Hazard Policy #2. The Project does not include construction in the Cape Cod Canal or other water bodies. Construction activities on the Project Site will not interfere with existing water circulation and sediment transport patterns within the harbor. 1.1.3 Costal Hazards Policy #3 Ensure that state and federally funded public work s projects proposed for locations within the coastal zone will: Not exacerbate existing hazards or damage natural buffers or other natural resources. Be reasonably safe from flood and erosion-related damage. Not promote growth and development in hazard -prone or buffer areas, especially in velocity zones and Areas of Critical Environmental Concern. Not be used on Coastal Barrier Resource Units for new or substantial reconstruction of structures in a manner inconsistent with the Coastal Barrier Resource/Improvement Acts. The Project is a private project and not a state or federally funded public works project. As such, Coastal Hazards Policy #3 does not apply. 1.1.4 Coastal Hazards Policy #4 Prioritize acquisition of hazardous coastal areas that have high conservation and/or recreation values and relocation of structures out of coastal high-hazard areas giving due consideration to the effects of coastal hazards at the location to the use and manageability of the area. The Project is a private project and does not include acquisition of hazardous coastal areas. As such, Coastal Hazards Policy #4 does not apply. 1.2 Energy These policies are designed to ensure that the development and maintenance of energy resources are completed with minimal displacement of water-dependent industry and by the least environmentally damaging means practicable. 1.2.1 Energy Policy #1 For coastally dependent energy facilities, assess siting in alternative coastal locations. For non -c oastally dependent energy facilities, assess siting in areas outside of the coastal zone. Weigh the environmental and safety impacts of location proposed energy facilities at alternative sites. The Project will conform with Energy Policy #1. The Project is a proposed expansion of an existing coastally dependent energy facility. Canal Generating Station was built in the 1960s as an electric generation unit dependent on the Cape Cod Canal for fuel deliveries as well as a continuous source of water for its once -through 2 Canal Unit 3 Attachment 8: CZM Consistency cooling system. The new unit will utilize some of the existing infrastructure, and interconnect into the same electrical switchyard, which is located adjacent to the south of the existing units. In selecting the site for the Project, NRG considered a range of alt ernate site locations. The p urpose of the Project is to respond to an acknowledged need for additional electric generating capacity in the Independent System Operator-New England (ISO-NE) system. NRG determined that the addition of capacity to one of its existing power plants is highly preferable to development on a new greenfield site. Adding capacity to an existing facility has significant technical, financial, and environmental benefits compared to developing a new power plant on a greenfield site not currently in use for electric generation. NRG operates seven electric generating plants in New England and evaluated each location in terms of available space, access to adequate infrastructure, and location within the grid. The Canal site was selected as the location that best combined adequate space for a new unit, sufficient natural gas supply, and proximity to a favorable electrical interconnection location. In addition, the Canal facility is located within an ISO -NE zone with a growing peak demand capacity need. 1.2.2 Energy Policy #2 Encourage energy conservation and the use of renewable sources such as solar and wind power in order to assist in meeting the energy needs of the Commonwealth. The Project is consistent with Energy Policy #2. Canal Unit 3 is comprised of a simple-cycle electric generating unit capable of producing 330 MW of output. As a quick-start, simple-cycle unit, Canal Unit 3 can immediately respond to fluctuations in energy demand. This type of electric generating unit is an excellent complement to intermittent energy resources, such as wind and solar, as it can balance the fluctuating output of those resources. 1.3 Growth Management The Commonwealth of Massachusetts and the EOEEA have made significant efforts to manage community growth, particularly the effects of growth on environmental resources. Though most of the land us e and zoning decisions within the Commonwealth fall under local control, there are several state policies, tools, and incentives that seek to promote and support sustainable development. 1.3.1 Growth Management Policy #1 Encourage sustainable development that is consistent with state, regional, and local plans and supports the quality and character of the community. The Project will conform with Growth Management Policy #1. Th e Project proposes to develop an underutilized portion of the existing Canal Generating Station property. By locating the new unit wit hin a site properly zoned for, and currently engaged in, electric generation, the Project is consistent with the current and future land use plans for the Property. The Sandwich Local Comprehensive Plan, issued in May 2009, encourages collocation of industrial and commercial development to conserve land and minimize adverse impacts. The Project will be developed adjacent to an existing steam electric generating plant, whic h has been in operation since 1968, on land zoned for industrial and commercial development. Trans port ation, wat er, and electrical transmission infrastructure, built to support the existing facility, will be utilized to s erve the Project; therefore, no construction of new water infrastructure to a previously unserved area will be required. The Cape Cod Regional Policy Plan, issued by the Cape Cod Commission in January 2009, and amended in August 2012, identifies the need for efficient and collocated land uses to minimize adverse impacts, and emphasizes that towns should adopt policies and regulations that encourage development within Economic Cent ers. The Project involves the development of a new simple -cycle power plant within property already occupied by a steam electric generation plant and designated as an Economic Center on the Cape Cod Regional 3 Canal Unit 3 Attachment 8: CZM Consistency Land Use Vision Map. Additionally, the Cape Cod Regional Policy Plan identifies the need for adequate capital facilities and infrastructure, such as a reliable energy source, to meet community and regional needs and support economic growth. 1.3.2 Growth Management Policy #2 Ensure that state and federally funded infrastructure projects in the coastal zone primarily s erve existing developed areas, assigning highest priority t o projects that meet the needs of urban and community development centers. The proposed facility is a private project and will not rec eive state or federal funding. Management Policy #2 does not apply. As such, Growth 1.3.3 Growth Management Policy #3 Encourage the revit alization and enhancement of existing development centers in the coastal zone through technical assistance and financial support for residential, commercial, and industrial development. The proposed facility is a private project and is not receiving technical assistance or financial support. As such, Growth Management Policy #3 does not apply. 1.4 Habitat CZM attempts to balance the protection of coastal, estuarine, and marine habitats for their important ecosystem functions and human services with other management interests. 1.4.1 Habitat Policy #1 Protect coastal, estuarine, and marine habitats – including salt marshes, shellfish beds, submerged aquatic vegetation, dunes, beaches, barrier beaches, banks, salt ponds, eelgrass beds, tidal flats, rock y shores, bays, sounds, and other ocean habitats – and coastal freshwat er streams, ponds, and wetlands to preserve critical wildlife habitat and other important functions and services including nutrient and sedim ent attenuation, wave and storm damage protection, and landform movement and processes. The proposed facility conforms with Habitat Policy #1. As none of the coastal, estuarine, and marine habitats listed in Habitat Policy #1 occur on the Site, there will be no impacts to existing nutrient and sediment attenuations, wave and storm damage protection, and landform movement and processes. There is no critical wildlife habitat located on the Site. 1.4.2 Habitat Policy #2 Advance the restoration of degraded or former habitats in coastal and marine areas. The proposed facility conforms with Habitat Policy #2. Th e Site is a developed industrial site and is located adjacent to the Cape Cod Canal. By avoiding degraded or former marine habitats, the Project does not preclude restoration of those areas. 1.5 Ocean Resources Near and offshore wat ers of the Commonwealth are managed to avoid advers e effects and incompatibility in order to protect the integrity of ocean resources and ecosystem services and to accommodate compatibility and sustainable use. 1.5.1 Ocean Resources Policy #1 Support the development of sustainable aquaculture, both for commercial and enhancement (public shellfish stock ing) purposes. Ensure that the review process regulating aquaculture facility sites (and assess routes to 4 Canal Unit 3 Attachment 8: CZM Consistency those areas) protects significant ecological resources (salt marshes, dunes, beaches, barrier beaches, and salt ponds) and minimizes adverse effects on the coastal and marine environment and other water-dependent uses. The Project does not involve an aquaculture facility. As such, Ocean Resources Policy #1 does not apply. 1.5.2 Ocean Resources Policy #2 Except where such activit y is prohibited by the Ocean Sanctuaries Act, the Mass achusetts Ocean Management Plan, or ot her applicable provision of law, the extraction of oil, natural gas, or marine minerals (other than sand and gravel) in or affecting the coastal zone must protect marine resources, marine water qualit y, fisheries, and navigational, recreational, and other uses. The Project does not involve extraction of oil, natural gas or marine minerals. As such, Ocean Resources Policy #2 does not apply. 1.5.3 Ocean Resources Policy #3 Accommodate offshore sand and gravel extraction needs in areas and in ways that will not adversely affect marine resources, navigation, or shoreline areas due to alteration of wave direction and dynamics. Extraction of sand and gravel, when and where permitted, will be primarily for the purpose of beach nourishment or shoreline stabilization. The Project does not involve offshore mining of sand and gravel. As such, Ocean Resource Policy #3 does not apply. 1.6 Ports and Harbors Waterways and port resources of the Commonwealth must be maint ained and improved by the least environmentally damaging practicable alternatives. 1.6.1 Ports and Harbors Policy #1 Ensure t hat dredging and disposal of dredged material minimize adverse effects on water quality, physical processes, marine productivity, and public health and tak e full advantage of opportunities for beneficial re -use. The Project does not involve dredging. As such, Ports and Harbors Policy #1 does not apply. 1.6.2 Ports and Harbors Policy #2 Obtain the widest possible public benefit from channel dredging and ensure that designated Port Areas and developed harbors are given highest priority in the allocation of resources. The Project does not involve dredging. Moreover, the Project also does not involve public funds or allocation of public resources. As such, Ports and Harbors Policy #2 does not apply. 1.6.3 Ports and Harbors Policy #3 Preserve and enhance the capacity of Designated Port Areas to accommodate water -dependent industrial uses and prevent the exclusion of such uses from tidelands and any other DPA lands over which an EOEEA agency exerts control by virtue of ownership of other legal authority. The Project is not located within a Designated Port Area. As such, Ports and Harbors Policy #3 does not apply. 1.6.4 Ports and Harbors Policy #4 For development on tidelands and other coastal wat erways, preserve and enhanc e the immediate waterf ront for vessel-relat ed activities that require sufficient space and suitable facilities along the water’s edge for operational purposes. 5 Canal Unit 3 Attachment 8: CZM Consistency Although located proximate to the Cape Cod Canal, the Project is not located on filled or flowed tidelands. The Property is separat ed from the Cape Cod Canal by an approximately 18-foot wide public walkway. The majority of activities associated with the P roject will occur on the Project Site, which is more than 350 feet south of this public walk way; however, the proposed natural gas interconnection will run west-to-east approximat ely 35 feet south of this path. All Project work will occur within the Property’s fence line, and will not affect the immediate wat erfront or public areas closer to the water. As such, the Project is consistent with Ports and Harbors Policy #4. 1.6.5 Ports and Harbors Policy #5 Encourage, through technical and financial assistance, expansion of water -dependent uses in Designated Port Areas and developed harbors, re-development of urban waterfronts, and expansion of physical and visual access. The Project is a privat e project, not located in a Designated Port Area, and will not receive direct technical or financial assistance to expand water-dependent uses, redevelopment of urban waterfronts or expansion of physical or visual access. As such, Ports and Harbors Policy #5 does not apply. 1.7 Protected Areas CZM protects recognized complexes of marine resources by ensuring that activities in or affecting such areas avoid or minimize adverse effects. 1.7.1 Protected Areas Policy #1 Preserve, restore, and enhance coastal Areas of Critical Environmental Conc ern, which are complexes of natural and cultural resources of regional or statewide significance. There are no A reas of Critical Environmental Concern on the Project Site or in the surrounding area surrounding. As such, Protected Areas Policy #1 does not apply. 1.7.2 Protected Areas Policy #2 Protect state designated scenic rivers in the coastal zone. There are no designated scenic rivers on the Project Site or in the surrounding area surrounding. As such, Protected Areas Policy #2 does not apply. 1.7.3 Protected Areas Policy #3 Ensure that proposed developments in or near designat ed or registered historic plac es respect the preservation intent of the designation and that potential adverse effects are minimized. The Project will conform with Prot ected Areas Policy #3. The Project is propos ed on land adjacent to the Canal Electric Company Plant, a Historic Structure listed on the Massachusetts State Register of Historic Places (SRHP) and recognized by the Town of S andwich. The Property is also located in the Old Kings Highway Historic District, a recognized historic resource on the SRHP and the National Register of Historic Places. Based on this location, the Project must obtain a Certification of Appropriateness with the Town of Sandwic h Old King’s Highway Historic District Committee prior to commencement of construction activities. Development of the Project Site with a state-of-the-art natural gas- and ULSD-fired peak electric generating facility will not adversely affect the nearby historic resources. The proposed generati on of electricity is a continuation of the long-standing use of the Property and does not represent a significant inc rease in the intensity of that use. Heights of Project elements will be lower than the existing buildings and stacks. 6 Canal Unit 3 1.8 Attachment 8: CZM Consistency Public Access CZM attempts to promote, maintain, and improve efforts to help the public get to and enjoy the coast and coastal zone. 1.8.1 Public Access Policy #1 Ensure that development (both wat er-dependent or nonwater-dependent) of coastal sites subject to state waterways regulation will promote general public use and enjoyment of the water’s edge, to an extent commensurate with the Commonwealth’s interests in flowed and filled tidelands under the Public Trust Doctrine . The Project will conform with Public Access Policy #1. There are no filled tidelands located on the Project Site. The Property does have several associated Chapt er 91 Licenses for in-water work which occurred in the Cape Cod Canal during construction of the Canal Generating Station. Any work within the Cape Cod Canal would require a Chapter 91 License; however, no in-wat er work is proposed for the P roject. The new facilities will be located in uplands, well inland of flowed tidelands. A public access walkway is located between the northern Property boundary, marked by a fence, and the Cape Cod Canal. No alteration of this public area is proposed. The proposed simple-cycle unit will be located on the southeast portion of the Property, closer to the southern P roperty line; therefore, no adverse impacts to the walkway are anticipated. 1.8.2 Public Access Policy #2 Improve public access to existing coastal recreation facilities and alleviate auto traffic and park ing problems through improvements in public transportation and trail link s (land- or water-based) to other nearby facilities. Increase capacity of existing recreation areas by facilitating multiple use and b y improving management, maintenance, and public support facilities. Ensure that the adverse impacts of developments pr oposed near existing public access and recreation sites are minimized. The Project will conform wit h Public Access Policy #2. An existing waterfront walkway, bet ween the northern Property boundary and the Cape Cod Canal, affords public access along the wat erfront and will not be altered by the Project. The new simple-cycle unit is proposed on the southeast portio n of the Property, away from the waterfront, immediately adjacent to the much larger existing power plant units, in an area that is not currently accessible to the public. 1.8.3 Public Access Policy #3 Expand existing recreation facilities and acquire and develop new public areas for coastal recreational activities, giving highest priorit y to regions of high need or limited site availability. Provide technical assistance to developers of both public and private recreation facilities and sites that increase public access to the shoreline to ensure that both transportation access and the recreation facilities are compatible with social and environmental characteristics of surrounding communities. The Project will conform with Public Access Policy #3. A public access walkway is located bet ween the Project and the Cape Cod Canal. No change to the character of the Property is proposed, and the Project will not preclude expanded development of the waterfront for coastal recreational activities. 1.9 Water Quality The Massachusetts coastal management program supports the attainment of state and national water quality goals for all waters of the coastal zone. 7 Canal Unit 3 Attachment 8: CZM Consistency 1.9.1 Water Quality Policy #1 Ensure t hat point-source discharges and withdrawals in or affecting the coastal zone do not compromise water quality standards and protect designated uses and other interests. The Project will conform with Water Quality Policy #1. The Project will not result in the point -source discharge of process wastewater flows or t he withdrawal of water from t he Cape Cod Canal. The simple-cycle unit does not require steam condenser cooling; ancillary equipment will be air-cooled through fin fan coolers. The minimal process wastewater from the proposed unit will be treated in a near-z ero liquid discharge facility or trucked offsite. Construction stormwat er runoff from t he Site will be managed in accordance with the USEPA’s National P ollutant Discharge Elimination System (NPDES) Construction General Permit. Operation stormwater management will be designed to meet the Massachusetts Stormwater Standards prior to discharging into an infiltration pond. 1.9.2 Water Quality Policy #2 Ensure the implementation of nonpoint source pollution cont rols to promote the attainment of water quality standards and protect designated uses and other interests. The Project will conform with Water Quality Policy #2. Construction nonpoint source pollution cont rol measures will be included in the Stormwater Pollution P revention Plan in accordance wit h the USEPA’s NDPES Construction General P ermit. Post development or operational controls will include the implementation of an operation and maintenance plan. 1.9.3 Water Quality Policy #3 Ensure that subsurface water discharges conform to applicable standards, including the siting, construction, and maintenance requirements for on-site wastewater disposal systems, water qualit y standards, established Total Maximum Daily Load limits, and prohibitions on facilities in high-hazard areas. There will be no subsurface waste discharges associated with the P roject. As such, Water Quality Policy #3 does not apply. 8 Attachment 11: Water Supply Section Figure Figure 8 – Map of Drilling Sites for Well No. 4 Figure 8 Drilling Sites for Well No. 4 NRG Canal 3 Development LLC NRG Renew Canal 1 LLC Sandwich, Massachusetts Attachment 12: Application Cover Sheet Application Cover Sheet For Commission Use Only Date Received: Fee ($): Check No: File No: Cape Cod Commission 3225 Main Street, PO Box 226 Barnstable, MA 02630 Tel: (508) 362-3828 • Fax: (508) 362-3136 A Type of Application (check all that apply) Development of Regional Impact (DRI) Hardship Exemption Jurisdictional Determination DRI Exemption Limited DRI Review X Request for Joint MEPA/DRI Review B Project Information NRG Canal 3 Development Project Project Name: ____________________________________________________________ 52.02 acres Total Site Acreage: __________________________ 9 Freezer Road, Sandwich, Barnstable County, MA 02563 Project/Property Location: ___________________________________________________ Industrial Zoning: ___________________________________ Brief Project Description: Include total square footage of proposed and existing development, gross floor area, number of lots existing or to be created, specific uses, description of existing conditions, as applicable (attach additional sheets if necessary). See Attached Sheet. ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________ C Owner(s) of Record List the following information for all involved parcels. Provide copies of each Deed and Purchase and Sale Agreement and/or evidence of leasehold interest, if applicable, for all involved parcels. Proof of ownership/legal rights for Applicant(s) to proceed with the proposed development must be documented prior to the Commission deeming any application complete (attach additional sheets if necessary). Map/Parcel Owner’s Name Lot & Plan Land Court Certificate of Title # Registry of Deeds Book/Page # Map 91 Lot 3 NRG Canal LLC* Lot 7 Plan 14716-D Ctf. No. 151549 ______________________________________________________________________________________________________________________________________ Map 92 Lot 2 NRG Canal LLC* Plan 33200A Ctf. No. 151549 ______________________________________________________________________________________________________________________________________ *Southern Energy Canal LLC has changed its name to NRG Canal LLC ______________________________________________________________________________________________________________________________________ There ARE/ARE NOT (circle one) court claims, pending or completed, involving this property (if yes, please attach relevant information). D Certification BILLABLE ENTITY PROPERTY OWNER CONTACT CO-APPLICANT APPLICANT I hereby certify that all information provided on this application form and in the required attachments is true and accurate to the best of my knowledge. I agree to notify the Cape Cod Commission of any changes on the information provided in this application, in writing, as soon as is practicable. I understand failure to provide the required information and any fees may result in a procedural denial of my project. NOTE: For wireless communication facilities, a licensed carrier should be either an applicant or a co-applicant. (617) 529-3874 NRG Canal 3 Development LLC Applicant(s) Name: ______________________________________ Tel: _______________________ Fax: _________________________ 9 Freezer Road, Sandwich, Barnstable County, MA 02563 Address: __________________________________________________________________________________________________________ Signature: ______________________________________________ 7/30/2015 Date: ___________________________ Co-Applicant(s) Name: ___________________________________ Tel: _______________________ Fax: __________________________ Address: __________________________________________________________________________________________________________ Signature: ______________________________________________ Date: ___________________________ Shawn Konary (617) 529-3874 Contact: _______________________________________________ Tel: _______________________ Fax: _________________________ 9 Freezer Road, Sandwich, Barnstable County, MA 02563 Address: __________________________________________________________________________________________________________ Signature: ______________________________________________ 7/30/2015 Date: ___________________________ (617) 529-3874 NRG Canal LLC* Property Owner: ________________________________________ Tel: _______________________ Fax: _________________________ 9 Freezer Road, Sandwich, Barnstable County, MA 02563 Address: __________________________________________________________________________________________________________ Signature: ______________________________________________ 7/30/2015 Date: __________________ *Southern Energy Canal LLC has changed its name to NRG Canal LLC (617) 529-3874 NRG Canal 3 Development LLC Name: _________________________________________________ Tel: _______________________ Fax: _________________________ 9 Freezer Road, Sandwich, Barnstable County, MA 02563 Address: __________________________________________________________________________________________________________ Page 1 of 2 Cape Cod Commission - Application Cover Sheet (Continuation Page 1a) Brief Project Description: NRG Canal LLC owns approximately 88 acres of land in the Town of Sandwich at which the existing Canal Generating Station and ancillary structures and infrastructure currently are located (the “Property”). As shown on Attachment 3, Figure 1, the Property is comprised of two separate areas. The two areas are bisected by a separate parcel owned by MassDOT and operated as an active railroad right-of-way (ROW) by the Cape Cod Central Railroad. The northern portion of the Property (the “Northern Area”) comprises approximately 52 acres (approximately 48 acres of land above water and 4 acres of land under the water) on which in-water work was completed for infrastructure associated with the existing Canal Generating Station. The Northern Area is bounded by Freezer Road and land owned by the US Army Corps of Engineers (Corps) to the east; by Canal Service Road and the Cape Cod Canal to the north; the Town of Bourne to the west; and Rickey’s Road and railroad ROW to the south. The majority of the Northern Area is currently developed to support the existing Canal Generating Station, which includes two dual-fueled electric generation units totaling approximately 1,120 MW, a 498-foot high exhaust stack, several aboveground oil storage tanks, ammonia storage tanks, and appurtenant structures and infrastructure. The Northern Area is located within the Massachusetts Coastal Zone and a majority of the Northern Area is located within the FEMAMapped 100 year flood zone. The Northern Area is zoned “Industrial Limited.” NRG Canal 3 Development LLC (“NRG Canal 3”), a business affiliate of NRG Energy, Inc.’s Wholesale Business division, seeks to permit, construct, and operate a state-of-the-art, fast-starting, dual-fueled simple-cycle electric generating facility (“Canal Unit 3”) proposed on the Northern Area. Canal Unit 3 will utilize a single General Electric (GE) 7HA.02 combustion turbine with an approximate net nominal capacity of 320 MW and will operate during peak times of energy demand, for up to 4,380 hours per year with a maximum of 1,440 hours on ultra-low sulfur distillate (ULSD) to provide the flexibility and reliability to meet the region’s demonstrated power needs. Canal Unit 3 will include an approximately 213-foot tall stack. Canal Unit 3 is proposed on approximately 12 acres on the Northern Area (the “Simple-Cycle Site”), of which Canal Unit 3 will permanently occupy 10.6 acres, with natural gas and ULSD interconnections running west-to-east along existing interconnection corridors. The Simple-Cycle Site is currently occupied by concrete-slab, aluminum-sided warehouses, two ammonia storage tanks, several temporary trailers, and hard-packed open area used for temporary parking. An electrical interconnection will connect the simple-cycle unit to the existing electrical grid via the Eversource-owned switchyard, located to the south from the Northern Area, across Rickey’s Road and the Cape Cod Central Railroad ROW, owned by Massachusetts Department of Transportation (MassDOT). Temporary use of land within the Northern Area will occur during construction for parking and laydown. The proposed in-service date for Canal Unit 3 is June 2019. REQUIRED FILING MATERIALS The following must be attached to the Application Form at the time of its filing: X Certified List of Abutters (required for all application types except Attachment 5, Jurisdictional Determination). A list of abutting property owners within 300 feet of the boundaries of the development site and their addresses. Include both local and off-Cape addresses when applicable. X X N/A N/A X X X This list must be formatted in three columns consistent with the Standard Label Format designed to print on Avery Labels #5160. List must be certified by the Town Assessor’s office. Note: Assessor’s offices may take up to 10 days to certify an abutter’s list. If there are more than 50 abutters, applicants must provide three sets of the certified list on self-adhesive labels. Required Filing Fee. Please calculate according to the Schedule of Fees (see Enabling Regulations, Section 14). Please make check payable to BARNSTABLE COUNTY TREASURER. An 8 1/2”x 11” copy of the U.S.G.S. quadrangle map of the area, containing sufficient information for the Commission to locate the site of the proposed development. See Attachment 2, Figure 1. Development Plans. File as required for each application type you are making. See list of Attachment(s) below for specific instructions. See Attachment 5, Figure 7. Permits or Actions. List of local, state, or federal agencies or boards from which a permit or other actions have, will, or may need to be sought. Include agency/board name, type of permit, date filed, and file number. If one of the listed permits or actions requires the filing of an Environmental Notification Form under the Massachusetts Environmental Policy Act (MEPA), please contact the Commission’s Chief Regulatory Officer to discuss the potential for joint Commission and MEPA review. For information on MEPA regulations contact the Executive Office of Energy and Environmental Affairs, MEPA Unit, at (617) 626-1020. Please attach all relevant MEPA documents and describe the status of the MEPA filing. See Attachment 7. Applicants must also submit the necessary attachment(s) based on the type of application(s) being made: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: DRI Application Filing Procedures & Requirements DRI Exemption Application Filing Procedures & Requirements Hardship Exemption Application Filing Procedures & Requirements Limited DRI Review Application Filing Procedures & Requirements Jurisdictional Determination Application Filing Procedures & Requirements Joint MEPA/DRI Review Application Page 2 of 2 SECTION II. REQUIRED SUBMITTALS: X 1. Application Cover Sheet and its Required Filing Materials. The Application should include a statement that if an EIR is required, the EIR will cover issues of concern to, and within the jurisdiction of, both MEPA and the Commission. X 2. A completed Environmental Notification Form (ENF), as required by t h e Massachusetts Executive Office of Environmental Affairs – MEPA Unit. X 3. Massachusetts Historical Commission (MHC) Notification Form. Applicant must complete and submit a Project Notification Form (PNF) to the MHC (PNF may be obtained from Commission staff or from MHC’s web site (http://www.sec.state.ma.us/mhc/mhcform/formidx.htm). See Attachment 10. See Attachment 12. a. If the proposed project involves demolition or alteration of a historic structure, current photographs of the historic structure and elevation drawings showing all proposed building facades should be included with the PNF. (This will allow MHC t o provide comments on the PNF more quickly.) Copies of all submitted materials must be provided to the Commission. X Submit proof of receipt of PNF by the MHC. b. X 4. Certification of Local Filing. Provide certification of filing copies of this completed application with all relevant municipal agencies, including any local board before which a permit is pending or action is required for this proposed project. It is the ongoing responsibility of the Applicant to continue to provide these municipal agencies and boards with all materials provided to the Commission throughout the Joint Review process. See Attachment 13. X 5. Development Plans & Supporting Studies. Applications for Joint Review that are initiated at the ENF filing stage should include the information required in sections A, B and C below. Applications for Joint Review that are initiated at the EIR filing stage (or any EIR prepared for a Joint Review) should include the information required in sections D and E below. *** FOR JOINT REVIEW INITIATED AT ENF FILING *** A. X Plan Size Requirements. For each plan submitted, provide each of the following: Copy of plan(s) reduced to fit sheet size 11" x 17" See Attachment 5, Figure 7. B. Existing Conditions Plans. Submit Existing Conditions Plan including gross square footage calculations of existing building(s) on the project site (following Plan Size Requirements listed in 5(A) above), as well as photographs and/or any other pertinent information illustrating the most recent use(s) of the site. See Attachment 3, Figure 4, and Attachment 14. C. Proposed Development Plans. Plans should illustrate the proposed project clearly, although the design does not need to be fully developed at the ENF stage. X All plans should be drawn at an appropriate scale that provides sufficient detail t o understand the project. N/A If the plan requires more than one sheet, a cover sheet showing the entire property must be included. X Include a locus map with the outline of the entire property clearly shown. See Attachment 2, Figure 1. Attachment 6 (5/2/05) Page 3 of 4 *** FOR JOINT REVIEW INITIATED AT EIR FILING and INFORMATION TO BE INCLUDED IN ALL JOINT REVIEW EIRS *** D. Required Plans. Plans submitted for Joint Review at EIR stage should include all information necessary for DRI review as listed in Section II (4), Attachment 1: DRI Application Filing Procedures & Requirements, that may be obtained from Commission staff or the Commission’s web site (www.capecodcommission.org). E. Supporting Studies, Reports, or Information. Supporting Studies, Reports, or Information needed for DRI review should be included at the EIR stage of the Joint Review and should include all information listed in Section II (5), Attachment 1: DRI Application Filing Procedures & Requirements, that may be obtained from Commission staff or the Commission’s web site (www.capecodcommission.org). SECTION III. IMPORTANT NOTES AND POLICIES: If you have any questions or require assistance in completing this application form, please contact a member of the Commission’s regulatory staff at (508) 362-3828. A copy of the current Regional Policy Plan and Commission Regulations are available at the Commission office or on the web at www.capecodcommission.org. Applicant’s Responsibility to Pay Costs of Legal Notices and Other Fees The Applicant is responsible to pay for the actual costs of publishing and mailing legal notices throughout the Joint Review process. Please see the Schedule of Fees (within the Enabling Regulations) for these and other charges that are the responsibility of the Applicant. All publishing and mailing notices for the DRI review shall also be the responsibility of the Applicant. Attachment 6 (5/2/05) Page 4 of 4 Attachment 13: Certified Abutters List for Canal Unit 3 Attachment 14: MHC Project Notification Form MHC Notification Form Proof of Receipt of PNF by MHC 950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH APPENDIX A MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD BOSTON, MASS. 02125 617-727-8470, FAX: 617-727-5128 PROJECT NOTIFICATION FORM (1) Canal Unit 3; (2) Canal Community Solar Project Name: ________________________________________________________________________________ 9 Freezer Road Location / Address: ___________________________________________________________________________ Sandwich City / Town: ________________________________________________________________________________ Project Proponent (1) NRG Canal 3 Development LLC; (2) NRG Renew Canal 1 LLC Name: ______________________________________________________________________________________ 9 Freezer Road Address: ____________________________________________________________________________________ Sandwich, Barnstable County, MA, 02563, (508) 833-5363 City/Town/Zip/Telephone: _____________________________________________________________________ Agency license or funding for the project (list all licenses, permits, approvals, grants or other entitlements being sought from state and federal agencies). Agency Name Type of License or funding (specify) See attached Continuation Page 1a. Project Description (narrative): See attached Continuation Page 1b. Does the project include demolition? If so, specify nature of demolition and describe the building(s) which are proposed for demolition. The Project will include demolition of several slab-based, aluminum-sided warehouse structures which currently occupy the SimpleCycle Site (Photograph 3). Several trailers and two ammonia storage tanks will also be relocated within the Property (Photograph 4). No structural demolition is required at the Solar Site, however, clearing of wooded vegetation and scrub/shrub will occur. A vegetated buffer will be left around the solar array to minimize visual impact. Does the project include rehabilitation of any existing buildings? If so, specify nature of rehabilitation and describe the building(s) which are proposed for rehabilitation. The Project does not include rehabilitation of any existing buildings. Does the project include new construction? If so, describe (attach plans and elevations if necessary). Construction of Canal Unit 3 will include a GE 7HA.02 generating unit, or equivalent, an approximatly 213foot tall exhaust stack, several interconnections, and associated ancillary equipment. Canal Solar will include installation of two solar arrays comprised of 305Watt LG photovolatic modules. All elements will be no taller than existing structures, and contained within the 88acre Property. Plot Plans for Canal Unit 3 and Canal Solar are attached. 5/31/96 (Effective 7/1/93) - corrected 950 CMR - 275 MHC Project Notification Form (Continuation Page 1a) List of Agency Permits Potentially Required Agency Name Type of License Comments Federal Aviation Administration (FAA) Notice of Construction for Stack Existing structures will be taller than proposed Project elements U.S. Army Corps of Engineers (USACE) Programmatic General Permit Not anticipated, as wetlands can likely be avoided U.S. Environmental Protection Agency (USEPA) NPDES Stormwater Discharge Permits (construction and operation) Energy Facilities Siting Board (EFSB) EFSB Approval Massachusetts Department of Environmental Protection (MADEP)/Bureau of Waste Prevention – Air Quality PSD/NSR/Air Plan Approval/Title V Operating Permit Modification MADEP/Division of Water Quality Industrial Discharge Permit MADEP/Division of Water Quality Water Quality Certification MADEP/Division of Waterway Chapter 91 License Not anticipated, as no in-water work is proposed MADEP/Sandwich Conservation Commission Request for Determination of Applicability and/or Notice of Intent under Wetlands Protection Act Associated with Land Subject to Coast Storm Flowage Massachusetts State Fire Marshall Hazardous Substance Tank Approval Massachusetts Department of Transportation (MassDOT) Approval under M.G.L. Ch. 40, Section 54A Coastal Zone Management (CZM) Federal Consistency Concurrence Cape Cod Commission Development of Regional Impact Review Joint review with MEPA Town of Sandwich Old King’s Highway Historic District Committee Certificate of Appropriateness Proposed work is consistent with goals and policies of the Town. MCH Project Notification Form (Continuation Page 1b) Proposed Description (narrative): NRG Canal 3 Development LLC seeks to permit, construct, and operate a dual-fueled simple cycle electric peaking unit (Canal Unit 3) and NRG Renew Canal 1 LLC seeks to permit, construct, and operate a photovoltaic solar array (Canal Solar). Both projects are proposed to be located within the existing Canal Generating Station property in Sandwich, Barnstable County, Massachusetts. The Property is bisected by an existing railroad right-of-way, with the 52-acre Northern Area proposed for Canal Unit 3 and the 36-acre Southern Area proposed for Canal Solar. Although the two proposed projects will only occupy a fraction of the Canal Generating Station property, review of the entire 88-acre Property (see Figure 1) is requested, as project-related interconnections and relocation of existing facilities may occur in selected locations. The Property is bounded by Freezer Road to the East; by Canal Service Road to the North; the Town of Bourne to the west; and Tupper Road and Route 6A to the south. The existing Canal Generating Station occupies the entire northwestern portion of the Property. To the North, beyond Canal Service Road, is the Cape Cod Canal; East Boat Basin, a recreational and commercial marina, lies east of the Property, on the eastern side of Freezer Road. The entire Property is located within the Massachusetts Coastal Zone, with a majority of the Property located within the 100-year flood zone as delineated by Federal Emergency Management Agency (FEMA). Much of the Northern Area is currently developed to support the existing Canal Generating Station, a 1,200-megawatt dual-fueled steam electric generating plant, located adjacent to the proposed SimpleCycle Site (Photographs 1 – 4). Two large aboveground storage tanks are located on the northern portion of the Southern Area, adjacent to the proposed Solar Site (Photographs 5 – 8). A switchyard and associated high-voltage transmission lines, owned by Eversource (formerly known as NSTAR) and located on Rickey’s Road south of the existing units, connect the generating units to the New England power grid. 950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH APPENDIX A (continued) To the best of your knowledge, are any historic or archaeological properties known to exist within the project’s area of potential impact? If so, specify. The Canal Generating Station is designated by the Town of Sandwich as a Historic Site within the Old King's Highway Regional Historic District. Proposed structural development and alterations in this District are subject to review and approval by the Town's Old King's Highway Historic Commission. The proposed Project is consistent with the goals and policies of the Town; therefore, the Project is not anticipated to significantly affect any known historical or archaeological resources. What is the total acreage of the project area? Woodland ______________ acres 2.2 Wetland________________ acres 5.5 Floodplain______________ acres 57.3 Open space______________ acres 9.8 Developed ______________ acres 49.7 Productive Resources: Agriculture _________________ acres 0 Forestry ___________________ acres 0 Mining/Extraction ___________ acres 0 Total Project Acreage_________ acres 88 What is the acreage of the proposed new construction? _________________ acres 22 What is the present land use of the project area? Much of the Property is developed to support the existing Canal Generating Station, a 1,200-megawatt steam electric generating plant which includes two dual-fueled electricity generating units, a 498-foot high exhaust stack, several oil tanks, ammonia storage tanks, and appurtenant facilities. A switchyard and associated high-voltage transmission lines, located on Rickey's Road, connect the station to the power grid. The Nothern Area, on which the existing generaiton station is located and Canal Unit 3 is proposed, is zoned “Industrial,” and the Southern Area, on which Canal Solar is proposed, is zoned “Business Limited.” Please attach a copy of the section of the USGS quadrangle map which clearly marks the project location. See Figure 1. This Project Notification Form has been submitted to the MHC in compliance with 950 CMR 71.00. Signature of Person submitting this form: _________________________________Date: ____________________ Bruce Name:Jackie ______________________________________________________________________________________ Littleton Road, Suite 201-B Address: 238 ____________________________________________________________________________________ MA, 01886 City/Town/Zip: Westford, ______________________________________________________________________________ 212-3284 Telephone: (978) __________________________________________________________________________________ REGULATORY AUTHORITY 950 CMR 71.00: M.G.L. c. 9, §§ 26-27C as amended by St. 1988, c. 254. 7/1/93 950 CMR - 276 N NH H V V TT Legend N NY Y MA USGS Topographic Map Canal Property Project Location R R II ¯ ! C C TT Atla nti c Oc ea n 0 500 1,000 2,000 Feet NRG Renew Canal 1 LLC NRG Canal 3 Development LLC Sandwich, Massachusetts Photograph 4 Photograph 3 LEGEND Northern Area SimpleCycle Site Overview of Photograph Locations for Canal Unit 3 Photographs 1 & 2 Photograph 1. The Project Site (view toward the southwest) Photograph 2. The Project Site (view toward the northwest) Photograph 3. Warehouses to be demolished (view toward the northwest) Photograph 4. Ammonia tanks & trailers to be relocated (view toward the northwest) Photograph 5. View of Solar Site (view toward the northeast) Photograph 6. View of Solar Site (view toward the north) Photograph 5. View of Solar Site (view toward the northwest) Photograph 5. View of Solar Site (view toward the south) LEGEND 001 GAS TURBINE GE 7HA.02 002 GENERATOR 003 SCR/CO2 CATALYST 004 TEMPERING/PURGE FANS 005 STACK N H 006 EMERGENCY DIESEL GENERATOR 007 LUBE OIL SKID 008 CEMS 009 COMPRESSED AIR SYSTEM 010 COOLING FAN MODULE 011 EXISTING WELL NO.4 012 SERVICE WATER/FIRE PROTECTION PUMP HOUSE 013 DEMINERALIZED WATER SYSTEM 014 WATER TREATMENT PLANT 015 HYDROGEN STORAGE AREA 016 EXISTING TRAINING BLDG. / NEW CONTROL RM. 017 EXISTING AMMONIA STORAGE AREA 018 GAS COMPRESSOR 019 GAS PRE-HEATER AREA 020 NEW GAS LINE 021 NEW FUEL OIL LINE 022 GSU TRANSFORMER 023 PDC 024 TRANSMISSION LINES 025 SLUDGE ROLL-OFF BIN 026 OIL WATER SEPARATOR G 027 DELETED 028 EVAP0RATOR COOLER BLOWDOWN COLLECTION TANK 029 SERVICE WATER/FIRE WATER TANK 030 DEMINERALIZED WATER TANK 031 CO2 STORAGE AREA 032 FUEL OIL PUMP HOUSE F E D C NOTES: 1. ROAD MAY NEED TO BE ADJUSTED AFTER SURVEY LOCATION OF RAILWAY TRACKS. 2. ELEVATIONS MAY NEED SOME ADJUSTMENT AS MORE INFORMATION BECOMES AVAILABLE. B 3. THE LOCATION OF THE STACK IS BASED ON THE MASSACHUSETTS STATE PLANE SYSTEM, (NAD27, DATUM) FOR THE HORIZONTAL COORDINATES. THE GRID PRESENTED WAS CREATED FROM IMAGE FILES RECEIVED FROM NRG, COORDINATE LOCATION REQUIRES RECHECK WHEN SURVEY DATA IS OBTAINED. MORE DETAILED DESIGN OF THE SITE ARRANGEMENT INCLUDING FACILITY PLACEMENT, GRADING AND DRAINAGE WILL REQUIRE TOPOGRAPHIC SURVEY WITH TIES TO THE PROPERTY AND EASEMENTS. REVISION APPROVAL RECORD DISCIPLINE BY DATE DISCIPLINE REV NO REV BY DATE DATE ISSUED FOR ENF PERMITTING RLR MD REVISED GRADING RLR MD ADDED FUEL OIL PUMPHOUSE; DELETED FUTURE ITEMS TJK RLR B 5/18/15 BUILDING SERVICES PIPING C 6/9/15 ELECTRICAL QA / QC ENVIRON. STRUCTURAL CHKR 5/14/15 MECHANICAL PROCESS BY A ARCH. CIVIL REVISIONS PROJECT NO.: DRAWING STATUS ISSUED REV DATE SDE PEM DRAWN: PRELIMINARY C 6/9/15 510 CARNEGIE CTR. 31380 (609) 720-2000 DATE: RLR PKS PRINCETON, NJ 08540 CHECKED: MD 4/23/15 CANAL GENERATING PLANT 5/14/15 SIMPLE CYCLE PROJECT STACK WEST PLOT PLAN APPROVED FOR CONSTRUCTION GEN. ARRANG. NOT APPROVED FOR CONSTRUCTION UNLESS SIGNED I & C AND DATED. DESTROY ALL PRINTS BEARING EARLIER DATE AND/OR REV.NO. 8 7 6 5 4 3 A URS ENERGY & CONSTRUCTION, Inc. DATE: SCALE: DWG. NO. REV 31380-B024-16-11-220-WEST 1" = 60’-0" 2 1 C Bruce, Jackie From: Sent: To: Subject: [email protected] Wednesday, July 29, 2015 8:59 AM Bruce, Jackie FedEx Shipment 774150650731 Delivered Your package has been delivered Tracking # 774150650731 Ship date: Delivery date: Tue, 7/28/15 Wed, 7/29/15 8:55 am Jacqueline Bruce Massachusetts Historical Westford, MA 01886 Commission US Delivered 220 Morrissey Boulevard BOSTON, MA 02125 US Shipment Facts Our records indicate that the following package has been delivered. Tracking number: 774150650731 Status: Delivered: 07/29/2015 08:55 AM Signed for By: D.DESHWAN Reference: 194-5285.14.01 Signed for by: D.DESHWAN Delivery location: BOSTON, MA Delivered to: Receptionist/Front Desk Service type: FedEx Priority Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb. Special handling/Services: Deliver Weekday 1 Please do not respond to this message. This email was sent from an unattended mailbox. 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Thank you for your business. 2 Attachment 15: CCC Certificate of Service CERTIFICATE OF LOCAL FILING I ________________, hereby certify that on this ______ 2015, I caused July Fred Sellars 31 day of _______, a copy of the foregoing Environmental Notification Form and Cape Cod Commission Application Cover Sheet/Request for Joint MEPA/DRI Review (“Application Cover Sheet”) to be served upon the Service List attached hereto as Attachment 8 and incorporated herein by reference in accordance with the requirements of Section II.4. of Attachment 6 to the Application Cover Sheet. ____________________________________ Attachment 16: Photographs of the Simple -Cycle Site Photograph 1 – View of Simple-Cycle Site looking northeast Photograph 2 – View of Simple-Cycle Site looking north Photograph 3 – View of Simple-Cycle Site looking northeast Photograph 4 – View of Simple-Cycle Site looking north Photograph 5 – View of Simple-Cycle Site looking northwest Photograph 1 – View looking northeast Photograph 6 – View of Simple-Cycle Site looking north-northwest