VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ...
VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION INDIVIDUAL WETLAND PERMIT
In the matter of: Green Mountain Power, GMP c/o Charlie Pughe 163 Acorn Lane Colchester, VT 05446-6661 Application for the construction of a windfarm, associated infrastructure, and transmission line upgrade, to impact 33,480 square feet of Class II wetland, and 47,476 square feet of buffer zone. East of Route 100, Mears Road, Lowell Route 100, Lowell Route 100 Westfield North Hill Road, Westfield Cross Road, Jay Route 105, Jay
File #: 2008-364 DEC ID #: SJ09-0194
Date of Decision: August 19, 2011 Decision: Approved Expiration Date: August 19, 2014
10 V.S.A. §913 and Section 9.1 of the Vermont Wetland Rules provides that any activity in a Class 1 or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use under the Wetland Rules or unless it receives a permit allowing such activity. Applicants for an individual permit for a proposed activity in any Class I or Class II wetland or its buffer zone have the burden of proof to show that the proposed activity complies with the Wetland Rules and will have no undue adverse impact on protected functions and values.
The Vermont Agency of Natural Resources (Agency) received an application dated March 17, 2011 from Vanasse Hangen Bruslin, Inc. (VHB) on behalf of Green Mountain Power Corporation (GMP) for a Vermont Wetland Permit #2008-364 for a project involving activities in a wetland and associated buffer zone located in Lowell, Westfield and Jay, Vermont. Subsequent updates to the application were received May 19, 2011, and June 20, 2011. Public notice of the application was given in accordance with the Vermont Wetland Rules, and
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extended beyond 15 days, with the notice period beginning June 15, 2011 and ending July 19, 2011. Any comments received during the public comment period were considered during review of the application and issuance of this permit.
DECISION AND PERMIT CONDITIONS 1.
Based on the Findings contained in this permit, the permit application, and information obtained during site visits by Agency staff, the Secretary finds that the proposed activities will comply with the Vermont Wetlands Statute, 10 V.S.A. §901 et. seq. and the Vermont Wetland Rules. The applicant has demonstrated that the project will have no undue adverse effects on the protected functions and values of the subject significant wetlands and associated buffer zones, and adjacent wetland complexes, provided the project is conducted in accordance with the following conditions: A.
All activities in the wetlands and buffer zones in question shall be completed, operated and maintained as set forth in the permit application #2008-364 and the supporting materials listed in•Section 13 of the permit application, and in supplemental materials received under a cover letter from VHB dated June 20, 2011. No material or substantial changes shall be made to the project without the prior written approval of the Vermont Wetlands Section. Project changes may require a permit amendment and additional public notice.
B.
The applicant shall record this permit in the land records of the Towns of Lowell, Westfield and Jay for all properties subject to the permit. Within 30 days of the date of issuance of this permit, the applicants shall supply the Vermont Wetlands Section with a copy of the recording of this permit.
C.
The applicant shall notify the Vermont Wetlands Section in writing or by email prior to the start of the approved project.
D.
Prohibitions: No additional activities are allowed in the wetlands and associated buffer zones without the approval of the Secretary unless such activities are Allowed Uses under the Vermont Wetland Rules. No draining, dredging, filling, grading or alterations of the water flow is allowed. No cutting, clearing or removal of vegetation within the wetland and buffer zone is allowed with the exception of the proposed project area as approved by this permit.
E.
All construction activities in the wetland and adjacent 50-foot buffer zone shall be completed within three years of the date of this permit or this permit will expire. Upon request by the permittee, the Secretary may grant a two year extension to this three-year period. Any request for an extension must be received by the Department at least 30 days prior to the end of the three year period in order to prevent the expiration of the permit. A request for extension may be considered a minor modification at the discretion of the Secretary. Projects may not be extended beyond ten years of the issuance date, in accordance with Section 9.1 of the Vermont Wetland Rules.
F.
The wetland boundary delineation is valid for five years from the date of this determination. The delineation will need to be re-evaluated by a qualified wetland
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consultant if the project is not constructed, or additional impacts are proposed, after the five-year time period expires. G.
Within thirty (30) days of completion of the work approved by this permit, the permittee or their representative shall supply the Vermont Wetlands Section with a letter certifying that the project was constructed in compliance with the conditions of this permit.
H.
A stormwater construction permit is being obtained for this project, and the erosion prevention and control requirements of that permit shall be followed.
I.
All contractors' equipment shall be cleaned so as to contain no observable soil or vegetation prior to work in wetlands and buffer zones to prevent the spread of invasive species. Inspection and control of invasive species shall follow the "Kingdom Community Wind Invasive Species Monitoring Plan" dated June 2011.
2.
The Agency maintains continuing jurisdiction over this project and may at any time order that remedial measures be taken if it appears that undue adverse impacts to the protected functions and values of the wetlands or buffer zones will occur.
3.
This permit does not relieve the applicant of the responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits.
4.
The permittee shall allow the Secretary or his/her representatives, at reasonable times and upon presentation of credentials, to enter upon and inspect the permitted property for the purpose of ascertaining compliance with this permit, the Vermont Wetland Rules and the Vermont Water Quality Standards and to have access to and copy all records required to be prepared pursuant to this permit.
5.
The Agency, by issuing this permit, accepts no legal responsibility for any damage direct or indirect of whatever nature and by whomever suffered arising out of the approved project. This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights, or any infringement of federal, state or local laws or regulations. This permit does not obviate the necessity of obtaining such federal, state or local permits or approvals as may be required by law. Nothing in this permit shall be construed to preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject to under other laws.
6.
Within 15 days of the date of the decision, the applicant, any person entitled to notice under Section 9.2 of the Vermont Wetland Rules, or any person who filed written comments regarding the permit application may request in writing reconsideration of the decision by the Secretary in accordance with Section 9.6 of the Rules.
7.
Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. §917. Pursuant to 10 V.S.A. Chapter 220, any appeals of this decision must be filed with the Vermont Public Service Board pursuant to 10 V.S.A. §8506. Any appeal under this section must be filed with the Clerk of the Public Service Board within 30 days of the date
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of this decision; the appellant must file with the Clerk an original and six copies of its appeal. The appellant shall provide notice of the filing of an appeal in accordance with 10 V.S.A. 8504(c)(2), and shall also serve a copy of the Notice of Appeal on the Vermont Department of Public Service. For further information, see the Rules and General Orders of the Public Service Board, available on line at www.psb.vermont.gov . The address for the Public Service Board is 112 State Street, Montpelier, Vermont, 05620-2701 (Tel. # 802-828-2358).
FINDINGS 1.
A complete application was received from Vanasse Hangen Bruslin, Inc. (VHB) on behalf of Green Mountain Power Corporation (GMP)for Vermont Wetland Permit #2008-364 on May 19, 2011. Final plans with reduced wetland and buffer impacts were submitted June 20, 2011.
2.
The wetlands and adjacent 50-foot buffer zones are located at various points along the wind farm access road, leading to the ridgeline east of Route 100 in Lowell, and along the transmission line Right of Way (ROW) along Route 100 in Lowell and Westfield, North Hill Road in Westfield, Cross Road in Jay, and Route 105 in Jay. Details of the location of the project and wetland are available as a response in Section 4 of the application, and the Site Location Map in Attachment 2.
3.
Shannon Morrison, District Wetlands Ecologist, conducted site visits to the subject property with representatives from GMP and ANR on 11/12/2008; 5/12/2010; 8/17/2010 and 9/21/2010. Details of other attendees are located in the response to Section 5 of the application.
4.
A portion of the subject wetlands are identified as palustrine wetlands on the Vermont Significant Wetlands Inventory maps, or are contiguous to those mapped wetlands, and are therefore designated as Class Two wetlands in the Vermont Wetland Rules. The following wetlands (Listed in Table 1) meet the presumptions listed in Section 4.6 of the Vermont Wetland Rules, and the Secretary has determined based on an evaluation of the functions and values of the subject wetlands that they are significant wetlands and therefore designated as Class II wetlands: Table 1: List of unmapped wetlands that meet the Section 4.6 presumption of significance under the Vermont
Wetland Rules
Wind Farm Component Proposed Class II Wetlands- (Impacts Proposed) - 2009-050 - 2009-B3 - 2009/2010-05 - 2009-C44
Transmission Component Proposed Class II Wetlands- (Impacts Proposed) - 2009-C11 - 2009-C25 - 2009-C28 - 2009-C31
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- 2009/2010-05 - 2009-C44 - 2009-C45 - 2009-C23 - 2009-C37/38
- 2009-C28 - 2009-C31 - 2009-C32 - 2009-D3/2010-A1 - 2009-Z6B - 2010-R1
Proposed Class II Wetlands (No Impacts Proposed) - 2009-B4 - 2009-C15 - 2009-C36 - 2009-055 - 2009-056 - 2009-057 - 2009-058 - 2009-059 - 2009-C101
Proposed Class II Wetlands- (No Impacts Proposed) - 2009-C18 - 2009-C33 - 2009-Z12 - 2009-Z13 - 2010-C2 - 2010-C4
Further information on wetland classifications presented on the Class II Wetland and Buffer Summary and Impact Analysis (21) Turbine Design Wind Farm Site and the Class II Wetland and Buffer Summary and Impact Analysis Upgrades for Electric Collection and Transmission (Attachment 4 of the application), and the September 30, 2010 Vermont Wetland Rules Re-Classification Memorandum, (Attachment 5 of the application). The wetlands in question are described in detail in Section 7 and Section 8 of the permit application. A summary of Class II wetlands, including information is located in Table 3 and Table 4 of this permit. 5.
The proposed construction of both the Wind Farm and Transmission Line Components of the Project will result in the discharge of fill material, temporary impacts, and other permanent impacts to Vermont Class II Wetlands and 50-foot buffers. For the Wind Farm Component, permanent impacts will result from the filling of wetlands for the improvement of the existing access road, construction of new sections of access road and crane path and the construction of a permanent stormwater management system. Temporary impacts have been estimated within a 10-foot offset from the proposed limits of grading/excavation and would result from the installation of temporary Erosion Prevention Sediment Control (EPSC). The Wind Farm also involves other permanent impacts from the permanent clearing of forested wetlands and buffers (or those in forested settings, i.e. palustrine emergent wetlands enclosed within upland forest canopy) for a new 2.76-mile overhead electric collector line. Completion of the Transmission Line Component of the Project will result in other permanent impacts from the clearing of forested wetlands within new sections of Right of Way (ROW) or widening/trimming of existing ROW. Permanent fill impacts will result from the placement of new utility poles within wetlands. Temporary access from the placement of 4 x 16-foot timber mats to access new utility pole sites or
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remove existing utility poles, and 20 x 20-foot temporary work areas at poles within wetlands, is planned but the use of temporary wetland matting (that does not require clearing) would not be considered an impact under the Vermont Wetland Rules. The proposed project is described in more detail in Section 10 and 11 of the permit application. Impacts to the wetland and buffer zone as proposed in Section 11 of the permit application are as follows: Table 2: Summary of impacts to Class I and Class II wetlands
Buffer Zone Alteration:
Wetland Alteration:
6.
Wetland Fill:
85 s.f.
Temporary:
44 s.f.
Temporary:
6,589 s.f.
Permanent: :
33,351 s.f.
Permanent: :
40,887 s.f.
Total Wetland Impact
33,480 s.f.
Total Buffer Zone Impact:
47,476 s.f.
Mitigation was proposed in the federal Section 404 Permit, and serves in part to offset impacts to Class II wetlands. Mitigation is summarized in 12.4.3 and Appendix 6 of the application, and consists of: A. The preservation of aquatic and riparian buffer resources within an approximately 178-acre parcel of land located adjacent to the proposed Wind Farm Component site. i.
The 178-acre parcel will offer up to 169 acres toward mitigation credit for the preservation of wetland resources, upland buffer to wetland, and upland buffer to stream channels. This meets the recommended 15:1 mitigation ratio outlined in 2010 United States Army Corps of Engineers preservation mitigation guidelines. Wetlands and aquatic resources total approximately 17 acres of wetland and 8,700 linear feet of streams on the 178-acre parcel.
ii.
The acreage proposed for preservation is at an elevation between 1,300 feet and 1,700 feet, while average impacts to the Wind Farm Component are around 1,816 feet in elevation. The principal wetland functions and values that will be protected are similar to those impacted including Groundwater Discharge, Wildlife Habitat, and Sediment/Shoreline Stabilization. The 178-acre parcel is currently part of lands actively managed for timber harvesting and is under direct threat of commercial harvesting and/or future development. The parcel is located less than a mile from three contiguous land parcels permanently conserved by The Vermont Land Trust and The Nature Conservancy co-ownership. The parcel will be contiguous with other lands proposed for conservation under the stipulation agreement.
iii.
GMP proposes to permanently conserve the 178-acre parcel in perpetuity through implementation of a conservation easement to be held by a third party. The final Conservation Easement with a survey plat depicting preservation area metes and
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bounds will be filed with the Town of Lowell upon approval of all permits prior to project construction. B. Reimbursement to the Vermont Green Mountain Club, Inc. for the purchase of the approximately 110-acre Villeneuve Property in Lowell following the approval of all permits, as a form of secondary mitigation. i. Reconnaissance-level mapping shows nearly 6 acres of valuable high elevation and beaver flowage wetland resources and 4,700 linear feet of stream channel. 7. As part of the application for a Certificate of Public Good (30 V.S.A. §248), the applicant has entered an agreement with the Agency entitled Stipulation Between Green Mountain Power and the Vermont Agency of Natural Resources Regarding Mitigation for Impacts to Bear Habitat, State Significant Natural Communities and from Habitat Fragmentation, State of Vermont Public Service Board (Docket No. 7628), dated February 23, 2011.
8.
A.
Additional mitigation is included in the agreement, particularly to offset impacts to necessary wildlife habitat (primarily black bear forage habitat), significant natural communities (montane spruce fir forest and montane yellow birch-red spruce forest), and overall habitat fragmentation.
B.
In addition to the preservation of the 178-acre Parcel 3 (primary water resource mitigation area mentioned above), the applicant will be further protecting onsite lands known as Parcel 1 (292-acres preserved for the life of the project), Parcel 2 (116.9 acres to be permanently conserved), and Parcel 4 (311.6, to be permanently conserved following Project decommissioning, including an overlap with Parcels 1 and 2 of 30.6 acres along the ridgeline to be more immediately conserved).
C.
Parcels 1, 2 and 4 represent an additional four acres of wetland conservation, and 37,515 linear feet of stream conservation. Approximately 155,098 square feet (3.56 acres) of high elevation wetland are proposed for preservation on Parcels 2 and 4. The doubling of the amount of high elevation wetland area to be conserved is a result of both the modification based on condition 31 of the PSB Order, as well as the reduction of ridgeline impacts in the final design (see Natural Resources and Potential Mitigation Areas Map, prepared by VHB, dated June 27, 2011, Revised: July 14, 2011 on page 2 of the Attachment; and the Additional Mitigation for Impacts to High Elevation Wetlands summary memorandum, dated June 10, 2011 on pages 3 through 7 of the Attachment).
D.
Totals from all proposed mitigation parcels both onsite (Parcels 1-4) and offsite (Villenueve Parcel) represent 978 total acres of preservation, 26 acres of which are wetlands, and 50,935 linear feet are streams.
The protected functions of the subject wetlands include the following: water storage for flood water and storm runoff (§5.1 of the Vermont Wetland Rules), surface and groundwater protection (§5.2), wildlife and migratory bird habitat (§5.4), threatened and endangered species habitat (§5.6), and erosion control through binding and stabilizing the
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soil (§5.10). A summary of functions and values associated with the Class II wetlands is located in Table 3 (Wind Farm) and Table 4 (Transmission Line). 9.
The following functions are either not present or are present at such a minimal level as to not be protected functions: fish habitat (§5.3), exemplary wetland natural community (§5.5), education and research in natural science (§5.7), recreational value and economic benefits (§5.8), and open space and aesthetics (§5.9).
Table 3: Summary of wetland function and value under the Vermont Wetland Rules for each wetland affected by the project, Wind Farm.
Wetland ID
2009-B3
2009-B4
2009/2010C5
VWR Section 5 Functional Criteria Presence
Comments
Cowardin Classification2
Presumptive Criteria or Rationale'
PFOlY
Connected beyond study area to B4 and when considered cumulatively with B4 and C5, is >0.5 acre and meets (a)
5.2, 5.4
Histic epipedon; saturated to surface with drainage patterns; wetland extends beyond investigation area
PEM/FOlY
Connected beyond study area to B3 and when considered cumulatively with B4 and C5, is >0.5 acre and meets (a)
5.2, 5.4
Extends off investigation area, deer droppings; tip-ups
PEM1Y
disconnected from 2009-B3 by log road culvert; when considered cumulatively with B3 and B4, is >0.5 acre and meets (a)
5.2, 5.4
Histic epipedon soils, saturated to the surface; extends beyond investigation area
5.6
Wetland feature along road between a distinct topo break; soils mucky with many prominent redoximorphic features; extends beyond investigation area
PEM/SS1Y
Contains Galium kamtshaticum (S2S3); (g)
2009-C23
PEM1Y
Headwater wetland above 2,500' elev. and contributes to stream (e)
5.2
Saturated to surface; tip-ups; drainage channels; hydrologically connected to 2009-SC-C15a and 2009-SC-C15b
2009-C36
PEM1Y
see buffer notes in 2009C37/38
5.2, 5.4
Feature saturated to the surface with drainage channels; distinct topographical break
2009-C15
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2009C37/C38
2009-C44
2009-C45
PEM/FO1Y
Does not meet Size requirement for (a); does not receive stream hydrology, is not characterized by emergent vegetation along a stream, therefore does not meet "b" or "c"; VT DEC would consider the wetland assemblage (C37/38, C36, C55, C56, C57, C58, C59) Class II based on Section 5 of the VWR: functional criteria for evaluating a wetlands significance
PEM/FO1Y
In combination with C-45, meets the Size requirement for (a); stream present but vegetation does not meet "b" or "c"
PEM/FO1Y
In combination with C-44 and wetland continuation, meets the Size requirement for (a); does not receive stream hydrology, is not characterized by emergent vegetation along a stream, therefore does not meet "b" or "c"
5.2. 5.4
Feature saturated to the surface, mineral histic soils with > 12" organic layer; hydrologically connected via groundwater to feature 2009-C36; drains to wetland 2009-055 via intermittent stream 2009-C64
5.2, 5.4
Seep fed wetland; saturated to surface; drainage channels; previously recon feature; mineral histic soils; distinct topo; in close proximity to recently logged area; hydrologically connected to 2009C4 via stream 2009-SC-C4
5.2, 5.4
Extends beyond investigation area; saturated to surface; hummock and hollow micro topography; mineral histic soils; connected to 2009-C45 via stream 2009-SC-C4
5.2, 5.4
Slightly disturbed feature on edge; distinct topo break; previously recon feature; cedar swamp hummock and hollow micro topography
5.2, 5.4
Drains from wetland 2009-SC-C64; saturated to the surface
5.2, 5 A
Hydrologically connected to wetland 2009-055; hummock and hollow microtopography; saturated to the surface
Meets forested swamp type 2009-050
PEM/FO1Y
(Thuja occidentalis present) and >0.5 acre (a)
see buffer notes in 2009C37/38
2009-055
2009-056
PEM1Y
see buffer notes in 2009C37/38
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5.2, 5.4
Large feature; saturated to the surface; multiple drainage channels; extends beyond investigation area
2009-057
PEM1Y
see buffer notes in 2009C37/38
2009-058
PEM1Y
see buffer notes in 2009C37/38
5.2, 5.4
Wetlands 2009-056, 2009-057, and 2009-058 hydrologically connected
2009-059
PEM1Y
see buffer notes in 2009C37/38
5.2, 5.4
Isolated feature on plateau; extend beyond investigation area
5.2
Majority of feature outside of the Project property but delineated in order to define any buffer setbacks; saturated to the surface; distinct topographical break
2010-C101
PSS/PFO
is >0.5 acre and meets (a)
Table 4: Summary of wetland function and value under the Vermont Wetland Rules for each wetland affected by the project, Tranmission Line.
Wetland ID
2009-C2
2009-05
2009-C11
2009C14A
2009-C14B
Cowardin Classification'
PEM/SS1Y/FO
Presumptive Criteria or Rationales
Original and 2010 VSWI
PEM1Y
Original and 2010 VSWI
PEM/SS1Y
>0.5 acre and generally meets size and type threshold for (a)
PEM1Y
2010 Updated Interim Mapping
PEM1Y
Contiguous feature to Class II C-14/A
VWR Section 5 Functional Criteria Presence6
Comments
5.2
Saturated to the surface, sulfidic odor; extends beyond investigation area; amphibian habitat; forested fringe
5.2
Close proximity to Route 100; saturated to surface; wetland extends beyond ROW
5.1
Large feature, extends off ROW; saturated to surface with drainage channels; three large culverts drain to feature
5.2
Emergent wetland feature in field; close in proximity to grazing activity; receives runoff from Route 100; hydrologically connected to wetland 2009-C14B; wetland extends beyond ROW
5.2
Emergent wetland feature in field; close in proximity to grazing activity; receives runoff from Route 100; hydrologically connected to
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wetland 2009-C14A
2009-C17
PEM1Y
Original and 2010 VSWI
5.10
Drainage channels; saturated to the surface; hydrologically connected to mapped Class II pond; drains under route 100 via 12" CMP culvert; wetland extends beyond ROW
2009-C18
PEM/SS/FO1Y
>0.5 acre and generally meets size and type threshold for (a)
5.2
Saturated to the surface; forested fringe; distinct topographic break; deer tracks at time of survey
5.1, 5.2
Mapped Class II Wetland; saturated to surface; clear break in topography; stream feature 2009SC-C22 abuts feature; wetland extends off-ROW
5.10
Within field, borders 2009-SC/TBC24A; close in proximity to Route 100; distinct topo; drainage swale; wetland extends off ROW
5.10
Road splits features 2009-C22 and 2009-C-23; drains through culvert, gleyed soils; borders agricultural field, hydrologically connected to 2009-SC/TB-C24 and 2009-SC-C25A; wetland feature extends beyond ROW
5.2, 5.4
Large feature, extends off ROW with forested fringe; saturated to surface with network of drainage channels; dense shrub layer under utility line; hydrologically associated with stream 2009-SCC27B
2009-C21
2009-C22
2009-C23
PSS1Y
PEM1Y
PEM/SS1Y
Original and 2010 VSWI
Greater than .5 acre
Contiguous to 2010 VSWI
PEM/SS/FO1Y
A (alder shrub swamp and >0.5 acre)
2009-C28
PEM/FOlY
B (Adjoins stream with woody vegetation)
5.10
Borders stream 2009-SC-C30; stream bank stabilization; receives runoff from North Hill Road; wetland feature extends off- ROW
2009-C31
PEM/SS1Y
D (verified vernal pool VP-C1 in ROW and VP-C2 is beyond ROW study limits)
5.2. 5.4
Narrow feature along road, along roadside drainage, saturated to surface
PEM/FO1Y
A (forested hemlock swamp and >0.5 acre)
5.2, 5.4
Along Cross Road; receives runoff from road; saturated to surface, areas of standing water, extends off
2009-C25
2009-C32
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of ROW
•
2009-C33
PEM/SS1Y
D (verified 1,280 s.f. vernal pool VP-J3)
5.2, 5.4
Vernal Pool; saturated to surface; standing water; frogs and minnows noted in pooled water
2009-C37
PEM/SS/FO1Y
Original and 2010 VSWI
5.2, 5.4, 5.10
Large feature extends off ROW; receives runoff from road; saturated to surface with drainage channels; deer tracks noted at time of field visit
2009-D2
PEM/SS1Y
Original and 2010 VSWI
5.2
Saturated to surface, drains to 2009TB/SC-D2; receives hydrology from pond; extends off-ROW
PEM1Y
Greater than .5 acre; hydrologically connected to mapped VSWI Class II Pond
5.2
2009-Z1
PEM/SS/FO1Y
Original and 2010 VSWI
5.2
2009-Z2
PEM1Y
Original and 2010 VSWI
52
2009-Z3
PEM/SSlY
Original and 2010 VSWI
5.2
2009-Z4
PEM/SSlY
Original and 2010 VSWI
5.2
PEM/FO1Y
Possibly contiguous with 2010 VSWI offsite, A (forested swamp and >0.5acre)
2009D3/2010Al
2009-Z5
5.2
Hydrologically connected to Class II mapped pond; saturated to surface, located adjacent to packed dirt road; extends off-ROW; portion of wetland to the east of ROW digitized based on aerial and windshield survey due to landowner access issues. This area is a large emergent feature dominated by sedges. Large feature; hydrologically connected to Class II feature off ROW; receives runoff from road; hydrologically connected to feature 2009-SC-Z1 extends off-ROW Saturated to surface, emergent feature; distinct topo break; extends off-ROW Receives hydrology from stream 2009-SC-Z3; saturated to surface with a network of drainage channels; extends off ROW Saturated to surface with network of drainage channels; hummock/hollow microtopography; mineral histic soils; extends off-ROW Hummock and hollow microtopography; saturated to the surface; network of drainage channels; extends off-ROW
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2009-Z6B
2009-Z11
2009-Z12
2009-Z13
PEM/SS/FO1Y
B, C
5.10
Borders stream feature 2009-TB-Z5; saturated to surface with distinct topo break; forested fringe; receives runoff from road; extends off-ROW
5.2, 5.4
Saturated to surface; beaver activity; standing water; network of drainage channels; receives runoff from Route 105; stream 2009-TB/SCZ8 drains into feature; extends offROW
PEM/SS1Y
Original and 2010 VSWI
PSS1Y
8/16/10 field visit confirmed
In the matter of: Green Mountain Power, GMP c/o Charlie Pughe 163 Acorn Lane Colchester, VT 05446-6661 Application for the construction of a windfarm, associated infrastructure, and transmission line upgrade, to impact 33,480 square feet of Class II wetland, and 47,476 square feet of buffer zone. East of Route 100, Mears Road, Lowell Route 100, Lowell Route 100 Westfield North Hill Road, Westfield Cross Road, Jay Route 105, Jay
File #: 2008-364 DEC ID #: SJ09-0194
Date of Decision: August 19, 2011 Decision: Approved Expiration Date: August 19, 2014
10 V.S.A. §913 and Section 9.1 of the Vermont Wetland Rules provides that any activity in a Class 1 or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use under the Wetland Rules or unless it receives a permit allowing such activity. Applicants for an individual permit for a proposed activity in any Class I or Class II wetland or its buffer zone have the burden of proof to show that the proposed activity complies with the Wetland Rules and will have no undue adverse impact on protected functions and values.
The Vermont Agency of Natural Resources (Agency) received an application dated March 17, 2011 from Vanasse Hangen Bruslin, Inc. (VHB) on behalf of Green Mountain Power Corporation (GMP) for a Vermont Wetland Permit #2008-364 for a project involving activities in a wetland and associated buffer zone located in Lowell, Westfield and Jay, Vermont. Subsequent updates to the application were received May 19, 2011, and June 20, 2011. Public notice of the application was given in accordance with the Vermont Wetland Rules, and
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extended beyond 15 days, with the notice period beginning June 15, 2011 and ending July 19, 2011. Any comments received during the public comment period were considered during review of the application and issuance of this permit.
DECISION AND PERMIT CONDITIONS 1.
Based on the Findings contained in this permit, the permit application, and information obtained during site visits by Agency staff, the Secretary finds that the proposed activities will comply with the Vermont Wetlands Statute, 10 V.S.A. §901 et. seq. and the Vermont Wetland Rules. The applicant has demonstrated that the project will have no undue adverse effects on the protected functions and values of the subject significant wetlands and associated buffer zones, and adjacent wetland complexes, provided the project is conducted in accordance with the following conditions: A.
All activities in the wetlands and buffer zones in question shall be completed, operated and maintained as set forth in the permit application #2008-364 and the supporting materials listed in•Section 13 of the permit application, and in supplemental materials received under a cover letter from VHB dated June 20, 2011. No material or substantial changes shall be made to the project without the prior written approval of the Vermont Wetlands Section. Project changes may require a permit amendment and additional public notice.
B.
The applicant shall record this permit in the land records of the Towns of Lowell, Westfield and Jay for all properties subject to the permit. Within 30 days of the date of issuance of this permit, the applicants shall supply the Vermont Wetlands Section with a copy of the recording of this permit.
C.
The applicant shall notify the Vermont Wetlands Section in writing or by email prior to the start of the approved project.
D.
Prohibitions: No additional activities are allowed in the wetlands and associated buffer zones without the approval of the Secretary unless such activities are Allowed Uses under the Vermont Wetland Rules. No draining, dredging, filling, grading or alterations of the water flow is allowed. No cutting, clearing or removal of vegetation within the wetland and buffer zone is allowed with the exception of the proposed project area as approved by this permit.
E.
All construction activities in the wetland and adjacent 50-foot buffer zone shall be completed within three years of the date of this permit or this permit will expire. Upon request by the permittee, the Secretary may grant a two year extension to this three-year period. Any request for an extension must be received by the Department at least 30 days prior to the end of the three year period in order to prevent the expiration of the permit. A request for extension may be considered a minor modification at the discretion of the Secretary. Projects may not be extended beyond ten years of the issuance date, in accordance with Section 9.1 of the Vermont Wetland Rules.
F.
The wetland boundary delineation is valid for five years from the date of this determination. The delineation will need to be re-evaluated by a qualified wetland
3 of 17 Green Mountain Power Corporation, Lowell Wind Farm VWP #2008-364
consultant if the project is not constructed, or additional impacts are proposed, after the five-year time period expires. G.
Within thirty (30) days of completion of the work approved by this permit, the permittee or their representative shall supply the Vermont Wetlands Section with a letter certifying that the project was constructed in compliance with the conditions of this permit.
H.
A stormwater construction permit is being obtained for this project, and the erosion prevention and control requirements of that permit shall be followed.
I.
All contractors' equipment shall be cleaned so as to contain no observable soil or vegetation prior to work in wetlands and buffer zones to prevent the spread of invasive species. Inspection and control of invasive species shall follow the "Kingdom Community Wind Invasive Species Monitoring Plan" dated June 2011.
2.
The Agency maintains continuing jurisdiction over this project and may at any time order that remedial measures be taken if it appears that undue adverse impacts to the protected functions and values of the wetlands or buffer zones will occur.
3.
This permit does not relieve the applicant of the responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits.
4.
The permittee shall allow the Secretary or his/her representatives, at reasonable times and upon presentation of credentials, to enter upon and inspect the permitted property for the purpose of ascertaining compliance with this permit, the Vermont Wetland Rules and the Vermont Water Quality Standards and to have access to and copy all records required to be prepared pursuant to this permit.
5.
The Agency, by issuing this permit, accepts no legal responsibility for any damage direct or indirect of whatever nature and by whomever suffered arising out of the approved project. This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights, or any infringement of federal, state or local laws or regulations. This permit does not obviate the necessity of obtaining such federal, state or local permits or approvals as may be required by law. Nothing in this permit shall be construed to preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject to under other laws.
6.
Within 15 days of the date of the decision, the applicant, any person entitled to notice under Section 9.2 of the Vermont Wetland Rules, or any person who filed written comments regarding the permit application may request in writing reconsideration of the decision by the Secretary in accordance with Section 9.6 of the Rules.
7.
Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. §917. Pursuant to 10 V.S.A. Chapter 220, any appeals of this decision must be filed with the Vermont Public Service Board pursuant to 10 V.S.A. §8506. Any appeal under this section must be filed with the Clerk of the Public Service Board within 30 days of the date
4 of 17 Green Mountain Power Corporation, Lowell Wind Farm VWP #2008-364
of this decision; the appellant must file with the Clerk an original and six copies of its appeal. The appellant shall provide notice of the filing of an appeal in accordance with 10 V.S.A. 8504(c)(2), and shall also serve a copy of the Notice of Appeal on the Vermont Department of Public Service. For further information, see the Rules and General Orders of the Public Service Board, available on line at www.psb.vermont.gov . The address for the Public Service Board is 112 State Street, Montpelier, Vermont, 05620-2701 (Tel. # 802-828-2358).
FINDINGS 1.
A complete application was received from Vanasse Hangen Bruslin, Inc. (VHB) on behalf of Green Mountain Power Corporation (GMP)for Vermont Wetland Permit #2008-364 on May 19, 2011. Final plans with reduced wetland and buffer impacts were submitted June 20, 2011.
2.
The wetlands and adjacent 50-foot buffer zones are located at various points along the wind farm access road, leading to the ridgeline east of Route 100 in Lowell, and along the transmission line Right of Way (ROW) along Route 100 in Lowell and Westfield, North Hill Road in Westfield, Cross Road in Jay, and Route 105 in Jay. Details of the location of the project and wetland are available as a response in Section 4 of the application, and the Site Location Map in Attachment 2.
3.
Shannon Morrison, District Wetlands Ecologist, conducted site visits to the subject property with representatives from GMP and ANR on 11/12/2008; 5/12/2010; 8/17/2010 and 9/21/2010. Details of other attendees are located in the response to Section 5 of the application.
4.
A portion of the subject wetlands are identified as palustrine wetlands on the Vermont Significant Wetlands Inventory maps, or are contiguous to those mapped wetlands, and are therefore designated as Class Two wetlands in the Vermont Wetland Rules. The following wetlands (Listed in Table 1) meet the presumptions listed in Section 4.6 of the Vermont Wetland Rules, and the Secretary has determined based on an evaluation of the functions and values of the subject wetlands that they are significant wetlands and therefore designated as Class II wetlands: Table 1: List of unmapped wetlands that meet the Section 4.6 presumption of significance under the Vermont
Wetland Rules
Wind Farm Component Proposed Class II Wetlands- (Impacts Proposed) - 2009-050 - 2009-B3 - 2009/2010-05 - 2009-C44
Transmission Component Proposed Class II Wetlands- (Impacts Proposed) - 2009-C11 - 2009-C25 - 2009-C28 - 2009-C31
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- 2009/2010-05 - 2009-C44 - 2009-C45 - 2009-C23 - 2009-C37/38
- 2009-C28 - 2009-C31 - 2009-C32 - 2009-D3/2010-A1 - 2009-Z6B - 2010-R1
Proposed Class II Wetlands (No Impacts Proposed) - 2009-B4 - 2009-C15 - 2009-C36 - 2009-055 - 2009-056 - 2009-057 - 2009-058 - 2009-059 - 2009-C101
Proposed Class II Wetlands- (No Impacts Proposed) - 2009-C18 - 2009-C33 - 2009-Z12 - 2009-Z13 - 2010-C2 - 2010-C4
Further information on wetland classifications presented on the Class II Wetland and Buffer Summary and Impact Analysis (21) Turbine Design Wind Farm Site and the Class II Wetland and Buffer Summary and Impact Analysis Upgrades for Electric Collection and Transmission (Attachment 4 of the application), and the September 30, 2010 Vermont Wetland Rules Re-Classification Memorandum, (Attachment 5 of the application). The wetlands in question are described in detail in Section 7 and Section 8 of the permit application. A summary of Class II wetlands, including information is located in Table 3 and Table 4 of this permit. 5.
The proposed construction of both the Wind Farm and Transmission Line Components of the Project will result in the discharge of fill material, temporary impacts, and other permanent impacts to Vermont Class II Wetlands and 50-foot buffers. For the Wind Farm Component, permanent impacts will result from the filling of wetlands for the improvement of the existing access road, construction of new sections of access road and crane path and the construction of a permanent stormwater management system. Temporary impacts have been estimated within a 10-foot offset from the proposed limits of grading/excavation and would result from the installation of temporary Erosion Prevention Sediment Control (EPSC). The Wind Farm also involves other permanent impacts from the permanent clearing of forested wetlands and buffers (or those in forested settings, i.e. palustrine emergent wetlands enclosed within upland forest canopy) for a new 2.76-mile overhead electric collector line. Completion of the Transmission Line Component of the Project will result in other permanent impacts from the clearing of forested wetlands within new sections of Right of Way (ROW) or widening/trimming of existing ROW. Permanent fill impacts will result from the placement of new utility poles within wetlands. Temporary access from the placement of 4 x 16-foot timber mats to access new utility pole sites or
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remove existing utility poles, and 20 x 20-foot temporary work areas at poles within wetlands, is planned but the use of temporary wetland matting (that does not require clearing) would not be considered an impact under the Vermont Wetland Rules. The proposed project is described in more detail in Section 10 and 11 of the permit application. Impacts to the wetland and buffer zone as proposed in Section 11 of the permit application are as follows: Table 2: Summary of impacts to Class I and Class II wetlands
Buffer Zone Alteration:
Wetland Alteration:
6.
Wetland Fill:
85 s.f.
Temporary:
44 s.f.
Temporary:
6,589 s.f.
Permanent: :
33,351 s.f.
Permanent: :
40,887 s.f.
Total Wetland Impact
33,480 s.f.
Total Buffer Zone Impact:
47,476 s.f.
Mitigation was proposed in the federal Section 404 Permit, and serves in part to offset impacts to Class II wetlands. Mitigation is summarized in 12.4.3 and Appendix 6 of the application, and consists of: A. The preservation of aquatic and riparian buffer resources within an approximately 178-acre parcel of land located adjacent to the proposed Wind Farm Component site. i.
The 178-acre parcel will offer up to 169 acres toward mitigation credit for the preservation of wetland resources, upland buffer to wetland, and upland buffer to stream channels. This meets the recommended 15:1 mitigation ratio outlined in 2010 United States Army Corps of Engineers preservation mitigation guidelines. Wetlands and aquatic resources total approximately 17 acres of wetland and 8,700 linear feet of streams on the 178-acre parcel.
ii.
The acreage proposed for preservation is at an elevation between 1,300 feet and 1,700 feet, while average impacts to the Wind Farm Component are around 1,816 feet in elevation. The principal wetland functions and values that will be protected are similar to those impacted including Groundwater Discharge, Wildlife Habitat, and Sediment/Shoreline Stabilization. The 178-acre parcel is currently part of lands actively managed for timber harvesting and is under direct threat of commercial harvesting and/or future development. The parcel is located less than a mile from three contiguous land parcels permanently conserved by The Vermont Land Trust and The Nature Conservancy co-ownership. The parcel will be contiguous with other lands proposed for conservation under the stipulation agreement.
iii.
GMP proposes to permanently conserve the 178-acre parcel in perpetuity through implementation of a conservation easement to be held by a third party. The final Conservation Easement with a survey plat depicting preservation area metes and
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bounds will be filed with the Town of Lowell upon approval of all permits prior to project construction. B. Reimbursement to the Vermont Green Mountain Club, Inc. for the purchase of the approximately 110-acre Villeneuve Property in Lowell following the approval of all permits, as a form of secondary mitigation. i. Reconnaissance-level mapping shows nearly 6 acres of valuable high elevation and beaver flowage wetland resources and 4,700 linear feet of stream channel. 7. As part of the application for a Certificate of Public Good (30 V.S.A. §248), the applicant has entered an agreement with the Agency entitled Stipulation Between Green Mountain Power and the Vermont Agency of Natural Resources Regarding Mitigation for Impacts to Bear Habitat, State Significant Natural Communities and from Habitat Fragmentation, State of Vermont Public Service Board (Docket No. 7628), dated February 23, 2011.
8.
A.
Additional mitigation is included in the agreement, particularly to offset impacts to necessary wildlife habitat (primarily black bear forage habitat), significant natural communities (montane spruce fir forest and montane yellow birch-red spruce forest), and overall habitat fragmentation.
B.
In addition to the preservation of the 178-acre Parcel 3 (primary water resource mitigation area mentioned above), the applicant will be further protecting onsite lands known as Parcel 1 (292-acres preserved for the life of the project), Parcel 2 (116.9 acres to be permanently conserved), and Parcel 4 (311.6, to be permanently conserved following Project decommissioning, including an overlap with Parcels 1 and 2 of 30.6 acres along the ridgeline to be more immediately conserved).
C.
Parcels 1, 2 and 4 represent an additional four acres of wetland conservation, and 37,515 linear feet of stream conservation. Approximately 155,098 square feet (3.56 acres) of high elevation wetland are proposed for preservation on Parcels 2 and 4. The doubling of the amount of high elevation wetland area to be conserved is a result of both the modification based on condition 31 of the PSB Order, as well as the reduction of ridgeline impacts in the final design (see Natural Resources and Potential Mitigation Areas Map, prepared by VHB, dated June 27, 2011, Revised: July 14, 2011 on page 2 of the Attachment; and the Additional Mitigation for Impacts to High Elevation Wetlands summary memorandum, dated June 10, 2011 on pages 3 through 7 of the Attachment).
D.
Totals from all proposed mitigation parcels both onsite (Parcels 1-4) and offsite (Villenueve Parcel) represent 978 total acres of preservation, 26 acres of which are wetlands, and 50,935 linear feet are streams.
The protected functions of the subject wetlands include the following: water storage for flood water and storm runoff (§5.1 of the Vermont Wetland Rules), surface and groundwater protection (§5.2), wildlife and migratory bird habitat (§5.4), threatened and endangered species habitat (§5.6), and erosion control through binding and stabilizing the
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soil (§5.10). A summary of functions and values associated with the Class II wetlands is located in Table 3 (Wind Farm) and Table 4 (Transmission Line). 9.
The following functions are either not present or are present at such a minimal level as to not be protected functions: fish habitat (§5.3), exemplary wetland natural community (§5.5), education and research in natural science (§5.7), recreational value and economic benefits (§5.8), and open space and aesthetics (§5.9).
Table 3: Summary of wetland function and value under the Vermont Wetland Rules for each wetland affected by the project, Wind Farm.
Wetland ID
2009-B3
2009-B4
2009/2010C5
VWR Section 5 Functional Criteria Presence
Comments
Cowardin Classification2
Presumptive Criteria or Rationale'
PFOlY
Connected beyond study area to B4 and when considered cumulatively with B4 and C5, is >0.5 acre and meets (a)
5.2, 5.4
Histic epipedon; saturated to surface with drainage patterns; wetland extends beyond investigation area
PEM/FOlY
Connected beyond study area to B3 and when considered cumulatively with B4 and C5, is >0.5 acre and meets (a)
5.2, 5.4
Extends off investigation area, deer droppings; tip-ups
PEM1Y
disconnected from 2009-B3 by log road culvert; when considered cumulatively with B3 and B4, is >0.5 acre and meets (a)
5.2, 5.4
Histic epipedon soils, saturated to the surface; extends beyond investigation area
5.6
Wetland feature along road between a distinct topo break; soils mucky with many prominent redoximorphic features; extends beyond investigation area
PEM/SS1Y
Contains Galium kamtshaticum (S2S3); (g)
2009-C23
PEM1Y
Headwater wetland above 2,500' elev. and contributes to stream (e)
5.2
Saturated to surface; tip-ups; drainage channels; hydrologically connected to 2009-SC-C15a and 2009-SC-C15b
2009-C36
PEM1Y
see buffer notes in 2009C37/38
5.2, 5.4
Feature saturated to the surface with drainage channels; distinct topographical break
2009-C15
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2009C37/C38
2009-C44
2009-C45
PEM/FO1Y
Does not meet Size requirement for (a); does not receive stream hydrology, is not characterized by emergent vegetation along a stream, therefore does not meet "b" or "c"; VT DEC would consider the wetland assemblage (C37/38, C36, C55, C56, C57, C58, C59) Class II based on Section 5 of the VWR: functional criteria for evaluating a wetlands significance
PEM/FO1Y
In combination with C-45, meets the Size requirement for (a); stream present but vegetation does not meet "b" or "c"
PEM/FO1Y
In combination with C-44 and wetland continuation, meets the Size requirement for (a); does not receive stream hydrology, is not characterized by emergent vegetation along a stream, therefore does not meet "b" or "c"
5.2. 5.4
Feature saturated to the surface, mineral histic soils with > 12" organic layer; hydrologically connected via groundwater to feature 2009-C36; drains to wetland 2009-055 via intermittent stream 2009-C64
5.2, 5.4
Seep fed wetland; saturated to surface; drainage channels; previously recon feature; mineral histic soils; distinct topo; in close proximity to recently logged area; hydrologically connected to 2009C4 via stream 2009-SC-C4
5.2, 5.4
Extends beyond investigation area; saturated to surface; hummock and hollow micro topography; mineral histic soils; connected to 2009-C45 via stream 2009-SC-C4
5.2, 5.4
Slightly disturbed feature on edge; distinct topo break; previously recon feature; cedar swamp hummock and hollow micro topography
5.2, 5.4
Drains from wetland 2009-SC-C64; saturated to the surface
5.2, 5 A
Hydrologically connected to wetland 2009-055; hummock and hollow microtopography; saturated to the surface
Meets forested swamp type 2009-050
PEM/FO1Y
(Thuja occidentalis present) and >0.5 acre (a)
see buffer notes in 2009C37/38
2009-055
2009-056
PEM1Y
see buffer notes in 2009C37/38
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5.2, 5.4
Large feature; saturated to the surface; multiple drainage channels; extends beyond investigation area
2009-057
PEM1Y
see buffer notes in 2009C37/38
2009-058
PEM1Y
see buffer notes in 2009C37/38
5.2, 5.4
Wetlands 2009-056, 2009-057, and 2009-058 hydrologically connected
2009-059
PEM1Y
see buffer notes in 2009C37/38
5.2, 5.4
Isolated feature on plateau; extend beyond investigation area
5.2
Majority of feature outside of the Project property but delineated in order to define any buffer setbacks; saturated to the surface; distinct topographical break
2010-C101
PSS/PFO
is >0.5 acre and meets (a)
Table 4: Summary of wetland function and value under the Vermont Wetland Rules for each wetland affected by the project, Tranmission Line.
Wetland ID
2009-C2
2009-05
2009-C11
2009C14A
2009-C14B
Cowardin Classification'
PEM/SS1Y/FO
Presumptive Criteria or Rationales
Original and 2010 VSWI
PEM1Y
Original and 2010 VSWI
PEM/SS1Y
>0.5 acre and generally meets size and type threshold for (a)
PEM1Y
2010 Updated Interim Mapping
PEM1Y
Contiguous feature to Class II C-14/A
VWR Section 5 Functional Criteria Presence6
Comments
5.2
Saturated to the surface, sulfidic odor; extends beyond investigation area; amphibian habitat; forested fringe
5.2
Close proximity to Route 100; saturated to surface; wetland extends beyond ROW
5.1
Large feature, extends off ROW; saturated to surface with drainage channels; three large culverts drain to feature
5.2
Emergent wetland feature in field; close in proximity to grazing activity; receives runoff from Route 100; hydrologically connected to wetland 2009-C14B; wetland extends beyond ROW
5.2
Emergent wetland feature in field; close in proximity to grazing activity; receives runoff from Route 100; hydrologically connected to
11 of 17 Green Moun ain Power Corporation, Lowell Wind Farm VWP #2008 364
wetland 2009-C14A
2009-C17
PEM1Y
Original and 2010 VSWI
5.10
Drainage channels; saturated to the surface; hydrologically connected to mapped Class II pond; drains under route 100 via 12" CMP culvert; wetland extends beyond ROW
2009-C18
PEM/SS/FO1Y
>0.5 acre and generally meets size and type threshold for (a)
5.2
Saturated to the surface; forested fringe; distinct topographic break; deer tracks at time of survey
5.1, 5.2
Mapped Class II Wetland; saturated to surface; clear break in topography; stream feature 2009SC-C22 abuts feature; wetland extends off-ROW
5.10
Within field, borders 2009-SC/TBC24A; close in proximity to Route 100; distinct topo; drainage swale; wetland extends off ROW
5.10
Road splits features 2009-C22 and 2009-C-23; drains through culvert, gleyed soils; borders agricultural field, hydrologically connected to 2009-SC/TB-C24 and 2009-SC-C25A; wetland feature extends beyond ROW
5.2, 5.4
Large feature, extends off ROW with forested fringe; saturated to surface with network of drainage channels; dense shrub layer under utility line; hydrologically associated with stream 2009-SCC27B
2009-C21
2009-C22
2009-C23
PSS1Y
PEM1Y
PEM/SS1Y
Original and 2010 VSWI
Greater than .5 acre
Contiguous to 2010 VSWI
PEM/SS/FO1Y
A (alder shrub swamp and >0.5 acre)
2009-C28
PEM/FOlY
B (Adjoins stream with woody vegetation)
5.10
Borders stream 2009-SC-C30; stream bank stabilization; receives runoff from North Hill Road; wetland feature extends off- ROW
2009-C31
PEM/SS1Y
D (verified vernal pool VP-C1 in ROW and VP-C2 is beyond ROW study limits)
5.2. 5.4
Narrow feature along road, along roadside drainage, saturated to surface
PEM/FO1Y
A (forested hemlock swamp and >0.5 acre)
5.2, 5.4
Along Cross Road; receives runoff from road; saturated to surface, areas of standing water, extends off
2009-C25
2009-C32
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of ROW
•
2009-C33
PEM/SS1Y
D (verified 1,280 s.f. vernal pool VP-J3)
5.2, 5.4
Vernal Pool; saturated to surface; standing water; frogs and minnows noted in pooled water
2009-C37
PEM/SS/FO1Y
Original and 2010 VSWI
5.2, 5.4, 5.10
Large feature extends off ROW; receives runoff from road; saturated to surface with drainage channels; deer tracks noted at time of field visit
2009-D2
PEM/SS1Y
Original and 2010 VSWI
5.2
Saturated to surface, drains to 2009TB/SC-D2; receives hydrology from pond; extends off-ROW
PEM1Y
Greater than .5 acre; hydrologically connected to mapped VSWI Class II Pond
5.2
2009-Z1
PEM/SS/FO1Y
Original and 2010 VSWI
5.2
2009-Z2
PEM1Y
Original and 2010 VSWI
52
2009-Z3
PEM/SSlY
Original and 2010 VSWI
5.2
2009-Z4
PEM/SSlY
Original and 2010 VSWI
5.2
PEM/FO1Y
Possibly contiguous with 2010 VSWI offsite, A (forested swamp and >0.5acre)
2009D3/2010Al
2009-Z5
5.2
Hydrologically connected to Class II mapped pond; saturated to surface, located adjacent to packed dirt road; extends off-ROW; portion of wetland to the east of ROW digitized based on aerial and windshield survey due to landowner access issues. This area is a large emergent feature dominated by sedges. Large feature; hydrologically connected to Class II feature off ROW; receives runoff from road; hydrologically connected to feature 2009-SC-Z1 extends off-ROW Saturated to surface, emergent feature; distinct topo break; extends off-ROW Receives hydrology from stream 2009-SC-Z3; saturated to surface with a network of drainage channels; extends off ROW Saturated to surface with network of drainage channels; hummock/hollow microtopography; mineral histic soils; extends off-ROW Hummock and hollow microtopography; saturated to the surface; network of drainage channels; extends off-ROW
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2009-Z6B
2009-Z11
2009-Z12
2009-Z13
PEM/SS/FO1Y
B, C
5.10
Borders stream feature 2009-TB-Z5; saturated to surface with distinct topo break; forested fringe; receives runoff from road; extends off-ROW
5.2, 5.4
Saturated to surface; beaver activity; standing water; network of drainage channels; receives runoff from Route 105; stream 2009-TB/SCZ8 drains into feature; extends offROW
PEM/SS1Y
Original and 2010 VSWI
PSS1Y
8/16/10 field visit confirmed
