Deerfield Wind, LLC (Deerfield Wind) has received a certificate of public good from the Public Service Board of the State of Vermont (Board) for the construction of the proposed Deerfield wind generation facility project (the project). The 15 turbine, 30 megawatt wind generation facility, and associated transmission and interconnection facilities will be constructed on about 80 acres in the Green Mountain National Forest, located in Searsburg and Readsboro, Vermont.
Seven turbines will be placed on the east side of Route 8 on the same ridgeline as the existing GMP Searsburg wind facility (Eastern project area), and 8 turbines along the ridgeline to the west of Route 8 in the northwesterly orientation (Western project area).
Certificate of Public Good is issued to Deerfield Wind subject to the following conditions
— Construction, operation and maintenance of the Project shall be in accordance with the findings and requirements set forth in the Order.
— Prior to proceeding with construction, Deerfield Wind shall file, for Board approval, final construction plans for the turbines, access roads, collector lines, and substation. Deerfield Wind shall note any changes in the final plans form the plans approved by this Order.
— Deerfield Wind shall obtain all necessary permits and approvals for the Project. Construction, operation, and maintenance of the Project shall be in accordance with such permits and approvals.
— Deerfield Wind shall enter into long-term, stably-priced power contracts with Vermont utilities for a substantial portion of the Project’s power output. Deerfield Wind shall provide an update of any negotiations with Vermont utilities 90 days after the date of this Order.
— Prior to commencement of construction, Deerfield Wind shall file any such contracts entered into with Vermont utilities for Board review to determine if the contracts contain appropriate terms and conditions, including price stability and prices favorable to market purchases, to promote the general good of the State of Vermont. Along with the contracts, Deerfield Wind must also file an explanation as to how the contracts promote the general good of the state. If, after good-faith efforts on the part of Deerfield Wind and the utilities, Deerfield Wind cannot obtain in-state power contracts as specified above for the Project for a substantial portion of the output, it shall file a statement explaining why an agreement cannot be reached and why the Board should modify or remove this requirement.
— Access roads will be gated and access to facility roads will be limited to authorize personnel only. The east-side access road will be double-gated with the existing gate at the end of the current Green Mountain Power Corporation access road (at the beginning of the Deerfield Wind access road). The west-side access road will be gated at the beginning of the Deerfield Wind access road and again after the transmission corridor. Deerfield Wind will include measures to prohibit and deter illegal ATV access and other unauthorized access.
— Deerfield Wind will prohibit major scheduled repairs and maintenance activities during fall periods when bears may be using beech trees.
— Deerfield Wind personnel will be restricted from the site during the night time hours and during the crepuscular periods that have been shown to be important periods for bear activity (one hour before and after sunrise and sunset), except in emergency situations and during necessary wildlife study periods not otherwise avoidable.
— On the ground lighting at the facility will be limited to motion sensor lights at the substation.
— Deerfield Wind will evaluate each access road after construction to determine whether there are any specific bear crossings, and if identified, will take actions to preserve those crossing areas.
— Deerfield Wind shall file a proposal, for approval by the Board, for the land it proposes to conserve as a mitigation measure for the impact of the Project on bears. The proposal shall conserve at least 144 acres of land that is comparable to the remote, high elevation area of concentrated beech stands impacted by the Project.
— Deerfield Wind shall conduct a multi-year study on the impact of the Project on bears. Deerfield Wind shall file a proposed study protocol for approval by the Board.
— Deerfield Wind shall file a detailed proposal describing how it will minimize indirect impacts to bears. Such a proposal shall address, at a minimum, gating the access roads, utilizing remote cameras to deter illegal entry, patrols by law enforcement, limiting activity at the Project during certain time periods, and preserving bear crossing areas along the access roads.
— Deerfield Wind shall not undertake construction activities during May and June to protect breeding birds. If Deerfield Wind anticipates that construction will occur over the course of two seasons, Deerfield Wind may propose that construction be allowed during May and June, but shall demonstrate that such permission will lessen the impact on breeding birds.
— Deerfield Wind Wind shall submit a post-construction bird and bat mortality study to the Board for review and approval, and shall obtain such approval prior to commencing commercial operation of the Project. Prior to submission to the Board, Deerfield Wind Wind shall first submit a draft of the plan to Vermont Agency of Natural Resources (ANR) for its review and concurrence. If after good faith discussions, Deerfield Wind Wind is unable to obtain ANR’s approval of the plan; it may submit the plan to the Board for resolution of any outstanding issues and final approval. The bird and bat mortality study plan shall at a minimum include the following elements:
– The study will be conducted for up to three years, with a minimum of two years.
– The studies will be performed by a qualified third party consultant;
– The study periods will cover both spring and fall migration;
– Scavenging rates and searcher efficiency controls will be established for each period of study;
– Scientifically and statistically valid survey protocols will be employed based on the best available scientific information;
– Use of dogs on the project site will be limited to the extent absolutely necessary to design and test valid survey methods;
– The methodology will be designed to minimize impacts on other natural resources within the project area including bear and moose habitat; and
– The Board and parties will have the opportunity to review the study results at the end of each study year.
— Deerfield Wind Wind will engage with ANR in a cooperative, team-based process to review bird and bat mortality data. If post-construction fatality monitoring demonstrates that the Project is having an undue adverse impact, i.e., avian or bat fatality estimates over the two-year period exceed the most current established threshold ranges for mortality at wind projects on northern forested ridges, Deerfield Wind Wind shall submit an adaptive management plan to ANR and the Board. The adaptive management plan will incorporate reasonable scientifically-proven measures to reduce fatality rates of the affected bird or bat species, and perform monitoring to evaluate the efficacy of the adaptive management measures. Actual measures to be taken will depend on the type and severity of impacts, cost benefit considerations, likelihood of accomplishing the desired outcome, and practicality. In the event that Deerfield Wind Wind is unable to reach consensus with ANR during this review process, either entity may bring the matter to the Board for resolution. The Board shall retain final review and approval authority regarding the implementation of any adaptive management plan, and the need for a third year of mortality studies.
— Deerfield Wind shall submit to the Board and parties its NPDES Permit for Construction Sites for the Project prior to the commencement of earth-disturbing construction activities.
— Deerfield Wind shall submit to the Board and parties its Vermont operational phase stormwater permit prior to the creation of any impervious surfaces at the site.