slide presentation: instreamtidal power plant …...2010/05/09 · federal permitting hydroelectric...

Instream Tidal Power Plant Feasibility StudyGeneral Environmental and Federal

Permitting Issues

May 9, 2006Andre Casavant

Devine Tarbell & Associates, Inc.

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General Environmental Issues

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Potential Effects - Installation & Decommissioning

Aquatic Life• Benthos - likely include physical disturbance and temporary effects

with redistribution of fine sediment.

– Barge anchoring – damage from chain sweep.

– Pile driving – dredge spoils may degrade benthic habitat.

– HDD – does not expose the surface of seabed, minimizes erosion and suspension of sediment.

– Jet plow – limited duration; off Cape Cod, determined to be similar to a storm event, would increase suspended sediment load. Some shellfish have the ability to move away. Clams havethe ability to close and survive such events.

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Aquatic Life (cont’d)

• Sediment disturbance - some effects to benthos, however direct mortality of juvenile and adult fish is not expected.

• Noise and Vibration – may result in marine mammals, fish, and birds avoiding the area and disrupt feeding, migration, and breeding.

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Water Quality

• Construction equipment could release oils or hydraulic fluids.

• Activities could suspend sediment, increase turbidity, disperse contaminated sediment.

• Grouting and cementing may present a concern.

• Comparison to fish trawling – typically short term and localized.

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Terrestrial Life• Typical construction activities related to installing shore

station, access roads, parking area, staging area, and ROW for grid connection.

• Potential for disturbing wetlands.• Permanent removal or conversion of terrestrial habitat

and cover-type.• Typically – only temporary effects during construction

period with main goal being to avoid altering hydrology of wetlands in order to not permanently affect groundwater discharge, sediment stabilization or other localized wetland functions.

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Marine/Land Uses– Commercial fishing

– Recreation access

– Boat traffic

– Road construction and heavy equipment

Cultural/Historic– Tidal region and land components – need to be

considered

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Potential Effects - Operation & Maintenance

Aquatic Life – Mechanical or Flow Related Injuries (conventional hydro comparison).

• No physical blockages to inhibit fish movement.• Possibility of fish attraction to accelerated flows.• Rotor and blade tip speeds are much slower.• Turbine solidity is less – lower strike probability.• Open design limits potential injuries due to pinching or grinding.• Changes in water pressure are significantly less.• No draft tubes or wicket gates.• Minimal turbulence, effect on water temp, and dissolved gases.• No change in habitat associated with inundating terrestrial areas.• Minimal visual effects for submerged design.

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Aquatic Life – Habitat• Colonization by marine life on pilings is likely.

• Structures or cover are typically sought by fish from predators (Vindeby offshore wind farm study).

• Fishing/trawling exclusion zone for commercial-size projects combined with “artificial reef” effect of project structures, may benefit fish stocks and aquatic community.

• Maintenance activities can result in habitat disturbances similar to those experienced during installation.

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Aquatic Life – Entanglement/Entrapment

• Not expected from turbine, however entrapment is possible for cables installed above seabed.

• Options:

– Install below seabed if possible.

– Anchor in a manner to provide maximum contour to seafloor.

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Aquatic Life – Noise/Vibrations & EMR

• Not quantified from a TISEC project but expected to be relatively low.

• Excessive vibration could cause marine mammals, fish and birds to avoid project area.

• EMR diminish rapidly in size with distance from source and electric fields can be shielded or attenuated by objects.

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Water Quality

• TISEC units may contain minor amounts of petroleum based substances which have the potential to release if damaged.

• Ambient contaminants in the sediment could become re-suspended due to operation.

• Anti-fouling paints may need to be applied to portions of the turbine.

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Hydrodynamics• Changes in tidal energy

– Erosion, sedimentation patterns, suspended sediment

– Creation of turbulence and velocity shadows

– Reflection or diffraction of waves

• Alteration of substrate type

• Scour around structures

• Changes in vertical mixing

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Marine Uses• Fishing exclusion zone will be required to protect the

project.• Extend zone for transmission cable not buried as it

presents an entanglement hazard to anchors and fishing gear.

• Subsurface design should have minimal consequential visual effects in sensitive areas.

• Project features could represent navigation obstacles depending on clearance – boating exclusion zone may be required.

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Canadian Federal Permitting

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Potential Permits and Authorizations Required

• Environmental Assessment – Canadian Environmental Assessment Agency

• Fish Habitat Protection Authorization –Fisheries and Oceans Canada

• Navigable Waters Protection Division Authorization – Transport Canada

• National Energy Board License – National Energy Board

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Canadian Environmental Assessment Act

Purpose• Identify the possible environmental effects• Propose measures to mitigate adverse effects• Predict whether there will be significant

adverse environmental effects, even after the mitigation is implemented

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Will a TISEC Project require an EA?1. Is there a project? Yes – as it is defined as an

undertaking related to a physical work on the Inclusion List Regulations SOR/94-637.

2. Is the project excluded? No - upon review of SOR/94-639 Exclusion List Regulations, activities related to installation and operation of a TISEC project are not excluded.

3. Is there a federal authority? Yes – there are several federal bodies that have expertise relevant to the proposed project.

4. Is there a trigger? Yes – the requirement of federal permits, licenses or approvals, triggers CEAA.

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Four different types of EAs1. Screening – determines whether or not the project is

federally supported. – Class Screening – Can streamline the environmental

assessment of certain projects using the accumulated knowledge of known mitigation measures.

2. Comprehensive Study – generally large scale, complex, and environmentally sensitive.

3. Mediation – typically involving few parties and limited issues.

4. Review Panel - used to assess project with significant adverse environmental effects.

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Federal Fisheries Act

Fish Habitat Protection Authorization –Authorized by the Minister of Fisheries and Oceans Canada is required for:

• Harmful alteration, disruption, or destruction of fish habitat (HADD).

• Works or undertakings in or around water where fish habitat may be negatively affected.

• Destruction of fish by means other than fishing.

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Federal Fisheries Act

What if a TISEC project requires authorization?• Submit a habitat compensation plan which includes

plans for mitigating and compensating any loss in the capacity of habitat to produce fish.

• Authorization contains legally-enforceable conditions which require mitigation, compensation, and monitoring activities.

Preferred option – avoid adversely affecting fish habitat by redesigning the project or relocating to a less sensitive area.

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Navigable Waters Protection Division Authorization

Administered by: Transport Canada

Purpose: Protection of the public right of marine navigation on all navigable waterways of Canada.

5(1) No work shall be built or placed in, on, over, under through or across any navigable water unless

(a) the work and the site and the plans thereof have been approved by the Minister, on such terms and conditions as the Minister deems fit, prior to commencement of construction.

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Navigable Waters Protection Division Authorization

Process:• Formal Approval - Work that is considered to

substantially interfere with navigation. (Typically longer process, may include mitigation conditions)

• Work Assessment Document - Work does not substantially interfere with navigation.

Approval:• Authorizes the work only in terms of its effect on

navigation – other permits may be required.

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National Energy Board

Export permit as issued by the NEB is required if a TISEC project plans to export energy from Canada.

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United States Federal Permitting

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Federal Permitting

Hydroelectric projects• Since 1920, U.S. government has asserted jurisdiction.

• Construction and operation of non-federal hydroelectric projects requires a license under the Federal Energy Regulatory Commission (FERC), in accordance with Section 23(b) of Federal Power Act.

• FERC regulates development with both preliminary permits and licenses.

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FERC – VerdantApril 14, 2005 FERC order (111 FERC ¶ 61,024) regarding

permitting of six tidal turbines by Verdant Power - FERC licensing not required if:

• Technology is experimental;• Proposed facilities to be used for short period for purpose

of conducting studies supporting preparation of license application; and

• Power generated from test project not to be transmitted into or displace power from the grid.

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July 27, 2005 FERC Order (112 FERC ¶ 61,143) - Verdant

• In its request for clarification, Verdant asserted that the induction generators it proposes to test must be connected to the grid.

• First 2 criteria of April 14 are met (experimental and short term for purposes of licensing).

• Provide power at no charge and compensate Consolidated Edison (make whole) eliminating any impacts on interstate commerce.

• FERC determines that under the conditions set forth in April 14 Order, as clarified in this order Verdant may test facilities without a license.

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Preliminary Permit• Purpose is to maintain the permittee’s priority of

application for license.• There are opportunities for competition, however if both

or neither applicants are either a municipality or a state, FERC will favor earliest applicant.

• Term is for up to 3 years.• If application for a preliminary permit proposes to use the

same water resource as an accepted application for a license, FERC will take action on an accepted license application first.

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Declaration of Intent• Purpose is to obtain a FERC determination as to whether

the project is FERC jurisdictional. • Provides an opportunity for the applicant to make a case

that the project is not subject to FERC jurisdiction.• Typically includes a detailed description of the project

and a compilation of references to other orders and FERC decisions.

• Proceeding without DOI may result in significant delays if the project is determined to be FERC jurisdictional at a later date.

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ILP Flowchart

http://www.ferc.gov/industries/hydropower/indus-act/flowchart.pdf

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U. S. Army Corps of Engineers (USCE) -Section 10 of the Rivers and Harbors Act of

189933 U.S.C. 403

• The USCE is required to review all work or the placement of structures in or affecting navigable waterways.

• To date, until FERC becomes engaged in the licensing process, the USCE often takes the lead federal role in permitting test units in support of FERC license application.

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SECTION 404 OF THE CLEAN WATER ACT

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 26 - WATER POLLUTION PREVENTION AND

CONTROLSUBCHAPTER IV - PERMITS AND LICENSES

Sec. 1344. Permits for dredged or fill material

(a) Discharge into navigable waters at specified disposal sites • The Secretary may issue permits, after notice and opportunity for

public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites.

• For Verdant, USCE determined that installing 6 monopoles meets the definition of “fill”, therefore the project is under USCE jurisdiction.

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Section 401 CWA – Water Quality Certificate (WQC)

• Any activity requiring a federal action that may result in a discharge into navigable waters is required to obtain certification from the applicable state(s) that any such discharge will comply with respective water quality standards.

• TISEC facility will require a section 401 WQC for USCE permit and/or FERC license.

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Endangered Species Act

• Section 7 of the ESA requires federal agencies to ensure the permitted or licensed activity does not jeopardize the continuedexistence of listed species or adversely modify critical habitat.

• USFWS and NOAA management responsibilities.– NOAA - marine and anadromous fish, cetaceans (whales and

dolphins), seals, and sea lions. – USFWS - inland fish, walruses, sea otters, manatees, and polar

bears.• If agency determines proposed action “may affect” listed

species, Section 7 consultation required.– Biological Assessment– Biological Opinion

• Incidental Take Statement• Reasonable and Prudent Measures

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Other Applicable Regulations• Coastal Zone Management Act

• National Historic Preservation Act

• Marine Mammal Protection Act

• Migratory Bird Protection Act

• Magnuson-Stevens Fishery Act

• Navigation related regulations – U.S. Coast Guard

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NEPA Review

Under NEPA, federal agencies are required to prepare environmental analyses, with input from the state and local governments, Indian Tribes (First Nation), the public, and other federal agencies, when considering a proposal for a major federal action.

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Thanks

Andre CasavantDevine Tarbell & Associates, [email protected]

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Nova Scotia – Minas PassageEnvironmental Issues

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Atlantic HerringMinas Passage

• Important fishery.

• Only spawning grounds in Bay of Fundy proper is centered on Minas Passage.– spawn over rocky, pebbly, or gravely substrate – 4-55

m.

• However, the amount of spawning that occurs here “...is trifling as compared with the production along the eastern coast of Maine and in the Grand Manan region” (Bigelow and Schroder 1953).

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Threatened and Endangered SpeciesMinas Passage

• Harbor porpoise – special concern.– Highest concentrations in Nova Scotia occur in the Bay of Fundy.– From initial assessment, DFO biologists did not expect that the

turbine would directly harm marine mammals because they would be able to see and hear the device and swim around the unit.

• Inner Bay of Fundy (IBOF) Atlantic salmon – endangered– Project located in migration corridor– Returning adults were thought to number less than 500 in 1999.

• North Atlantic right whale – endangered.– Congregate in the southern part of the Bay of

Fundy – not in project area.

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Noise Effects – Marine MammalsMinas Passage

• Harbor porpoise and common and Atlantic white-sided dolphins visit Minas Basin; pilot, minke, and humpback whales occur rarely.

• Gray and harbor seals occur in Bay of Fundy.• DFO raised noise levels as the main concern regarding

marine mammals.• Noise levels have not been quantified for TISEC devices.• Expected to be relatively low because of the low speed of

operation, especially in comparison to a boat propeller, and the need to minimize cavitation.

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SeabirdsMinas Passage

• Most nesting sites occur on the Atlantic coast of Nova Scotia.

• Few suitable sites along the Bay of Fundy coast.

• Seabirds not abundant in this area (waterfowl and shorebirds are abundant).

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Suspended Sediment, SeabedMinas Passage

High suspended sediment• Coarse material (sand) is suspended in the water

column.• Concentration of up to 100 mg/L occurring –

abrasive effects on turbine components.

Seabed• Bedrock and gravel.• Should be resistant to scour.

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Sea IceMinas Passage

• Shifting sea ice from December to April – significant feature off of Cape Split.

• May preclude access to TISEC units seasonally.

• Potential damage to underwater transmission cable, especially along shore, where shore-fast ice grows to its greatest thickness along areas of rock ledges exposed at low tides and in areas of steep gradient.– Burying transmission cable may be necessary.

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FishingMinas Passage

• About 15 vessels still operate in Minas Basin; target variety of species including groundfish and lobster.

• Due to high currents, little fishing occurs in Minas Passage.

• Anchor and fishing exclusion area likely required around turbines and anchored areas of underwater transmission cable.

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Overhead Transmission LineMinas Passage

• Over 10 km of new overhead transmission line right-of-way needed onshore.

• Area that would be crossed by transmission line is rural in nature.

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Tourism/AestheticsMinas Passage

• Tourism and eco-tourism are a growing industry in the region.

• Cape Blomindon Provincial Park.

• Other nearby recreational use (e.g., sea kayaking).

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New Brunswick – Head Harbor PassageEnvironmental Issues

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Important Local Marine IndustriesHead Harbor Passage

• Commercial fishing – Bay of Fundy is the fishing grounds for Canada’s second largest

commercial fishing fleet.

• Aquaculture– Valued at more than $150 million in Grand Manan,

Passamaquoddy Bay and Deer Island area.– Locally, occur in coves and bays along Campobello Island.

• Shipping– Head Harbor Passage – main shipping entrance channel to

Passamaquoddy Bay and Cobscook Bay from the Bay of Fundy.

• Tourism– growing industry with ‘the world’s largest tides’, whales,

and coastal scenery being the major attractions for visitors from all over the globe.

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Shipping/NavigationHead Harbor Passage

• Head Harbor Passage is 60 to 100 m deep.

• Should be adequate clearance for navigation of commercial ships, even tankers, over the project site if the Lunar RTT turbine or Verdant turbines installed.

• MCT Seagen units proposed for the TISEC project would not extend above the water surface.

• Maintenance or other activities requiring access to the TISEC project may be disrupted when commercial ships pass.

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Commercial Fishing Head Harbor Passage

• Primary fisheries in the project vicinity– Lobster– Herring– Sea urchins– Scallops

• Lobster Fishery– Mostly along the shore of Head Harbor Passage.– Due to the depth and fast current, traps are not set in

the middle of the passage.

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HerringHead Harbor Passage

• Passamaquoddy Bay–Grand Manan region – area of the Gulf of Maine where herring are most abundant.– Historical landings 4 times as great as for the Maine coast as a

whole and 13 times as great as for the Massachusetts coast.• Overwinter off the Atlantic coast of the province.• Summer off southwest Nova Scotia and the mouth of the Bay

of Fundy – feed and spawn.– No spawning areas in the project area/Passamaquoddy Bay.

• Weirs located in project vicinity but not in main part of channel where depths and currents are too great.

• Concern raised whether project will affect herring (and Atlantic salmon) migration.

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Threatened and Endangered Species Head Harbor Passage

• Harbor porpoise – special concern.– Highest concentrations in Nova Scotia occur in the

Bay of Fundy.

• North Atlantic right whale – endangered.– Come to the southern part of the Bay of Fundy to

mate, nurse their young, and to feed.– Right whale sanctuary has been designated off Grand

Manan.

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Marine MammalsHead Harbor Passage

• Fin, minke, and occasionally humpback whales reside locally in the summer months.

• Harbor porpoises common in area.

• Gray and harbor seals common in area.

• According to a DFO biologist, marine mammals are seen in the area, but do not usually occur in great numbers in Head Harbor Passage.

• From initial assessment, DFO biologists did not expect that the turbine would directly harm marine mammals because they would be able to see and hear the device and swim around the unit; were concerned if noise excessive.

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SeabedHead Harbor Passage

• Bedrock overlain primarily by gravel, cobble, and boulder.

• Project construction not expected to result in sediment re-suspension; hard substrate likely result in impacts to seafloor being minor and temporary.

• Should be resistant to scour.

• Existing submarine cable crossing Head Harbor Passage. – opportunity to share this corridor and shore-crossing easement.

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Nova Scotia Provincial Permitting

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History of Nova Scotia Tidal Power Development

• Annapolis Royal, operating since 1984.

• Concrete structure forms a barrage of the seawater to generate electricity.

• Due to the fundamental difference in operation between the Annapolis Royal Project and the TISEC projects, it is possible that some of the existing regulations which refer to a “tidal project,” may not apply in their entirety to a TISEC project.

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Nova Scotia Utility Board Approval

Under the Public Utilities Act, Chapter 380, the Nova ScotiaUtility Board has general supervisory authority over electrical utilities and producers.

• Specific requirements will vary with each project.

• The waiting period and other related requirements associated with this approval vary depending on the size and complexity of the project, and a public hearing may be required.

• Once granted, the approval never expires.

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Crown Lands Deed or Grant: Water Lot Grant

The Nova Scotia Department of Natural Resources (NSDNR), under the Crown Lands Act, Chapter 114, Section 16(1)(a), must grant approval to anyone needing ownership, lease, deed, or other conveyance of submerged land in coastal waters to permit the construction of large wharves, causeways, infills, or breakwaters.

• Applicant requests approval in writing to the Land Administration Division of the NSDNR.

• Applicant may need to:– Have the land surveyed at their own cost– Pay appraisal costs– Pay an administration fee– Pay the market value of the land– Approval may take up to 2 years– Approval will not expire once granted

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Water Allocation: Water Approval and Watercourse

Alteration• Authorized by the Nova Scotia Environment and Labour.

• Depending on the location of the TISEC facility, license may notbe required.

• “Fishway or other instream structure” requires a water approval license.

• The use of “seawater [or] the use of brackish water from an intertidal zone of a river estuary”, does not require a water approval license.

• Minas Passage should not require a license.

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Mooring Permit –Submerged Crown Land

• Authorized by Land Administration Division of the NSDNR.

• Permanent or semi-permanent moorings associated with a TISEC facility on Submerged Crown Land in Nova Scotia require a mooring permit.

• Permit can be renewed through automatic annual renewals, or valid for a specified amount of time under 3 years.

• Because of overlapping jurisdiction, an approval or exemption under the Navigable Waters Protection Act is required from the DFO.

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Environmental Assessment Approval

• Environmental Assessment purposes:

– Identifies and assesses the potential environmental effects of construction and operation of the facility prior to its development.

– Provides the public with an opportunity to contribute to decision making.

• The level of information required is based on the particular activity.

• Larger projects (Class I), including hydroelectric generating projects in excess of 10 MW, may require a focus report or an environmental assessment report.

• Agency response within 25 to 364 days, depending on project and the level of environmental assessment required.

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New Brunswick Provincial Permitting

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Electricity License

Pursuant to Section 89 of the Electricity Act (Act), the New Brunswick Board of Public Utilities (NBPUB) is authorized to issue, amend, and renew a license authorizing a developer to provide or convey electricity to the grid.

• Fee for a license is $1,700.

• The NBPUB will establish the fee for license renewal or amendment of at a later date.

• The NBPUB, when issuing, amending or renewing a license, may specify the conditions under which a developer may engage in an activity subject to licensing and may specify such other conditions as the NBPUB considers appropriate.

• License relates to generating and transmission activities only.

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Generation Connection Agreement

What triggers an agreement?• Commercial TISEC projects with a 10 MW capacity will require

connection to the NBSO transmission system (69 kV and above).

• Pilot TISEC project (500 kV to 1 MW) may connect to a distribution system (typically 12.5 kV) without agreement.

• Generation equipment less than 5,000 kVA, and greater than 1,000 kVA, may be installed, where appropriate Transmission lines exist, without an extensive engineering review.

• For facilities 1,000 kVA or smaller, transmitter approval must still be obtained, though the level of detail is less than that required for facilities greater than 1,000 kVA (NBSO 2005).

• In all cases, install appropriate protection and obtain written approval from the transmitter.

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Crown Land Utility Lease

• Administered by the New Brunswick Department of Natural Resources (NBDNR).

• Includes all or any part of land (including underwater) that is not privately owned.

• Extended use of Crown Land or activities that involve development requires a formal agreement.

• The Utility Leases are issued for a term of 10 years.

• Activities related to the Environmental Impact Assessment may need to be conducted prior to issuance of a Utility Lease.

• The Crown Lands Branch at the Department of Natural Resources is currently investigating the development of a lease policy specifically designed for tidal energy developers.

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Watercourse and Wetland Alteration Standard Permit

• Purpose is to protect the streams, rivers, wetlands, and lakes from work or ground disturbance in or near watercourses or wetlands.

• The regulation prohibits any watercourse or wetland alteration, or causing any watercourse or wetland alteration to be commenced, made or performed, unless authorized to do so by a permit issued by the Minister of the Environment and Local Government.

• Typically - limited amount of information required and provincial review within 2 months.

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Certification of Approval to Construct (Air and Water Quality Protection)

• Provides an EIA review process to identify the environmental impacts prior to the construction phase of any project, so that potential impacts can be avoided or reduced to acceptable levels before they occur.

• A TISEC project will require information to be registered with the DELG.

• The Project Assessment Branch of the DELG determines whether or not a Comprehensive Review is warranted.

• Involves several steps with the goal being to engage agencies and stakeholders in a process designed to identify methods of enhancing positive impacts and minimizing negative impacts resulting from the proposed project.

• The review and approval process can become quite involved for a Comprehensive Review.

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Department of Agriculture, Fisheries and Aquaculture

Review

• The New Brunswick Department of Agriculture, Fisheries and Aquaculture reviews aquaculture site applications.

• This agency or a similar group may likely review tidal site applications as part of the EIA process.

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Thanks


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Maine – Western Passage Environmental Issues

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NavigationWestern Passage

• Western Passage varies in depth from 55 to 73 m.• Principle navigation entrance to Passamaquoddy and

Cobscook Bays is around the northern end of Campobello Island through Head Harbor Passage to Western Passage.– Site located less than 10 km from the Head Harbor

Passage Site.• Maintenance or other activities requiring access to the

TISEC project may be disrupted when commercial ships pass.

• Should be adequate clearance for navigation of commercial ships over the project site if the Lunar RTT turbine or Verdant turbines installed.

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Commercial FisheriesWestern Passage

• Species of commercial importance in general area include lobsters, scallops, and sea urchins.– Vastly diminished juvenile herring fishery still

supports a cannery business valued at $40 million per year.

• Fishing does not typically occur in the main part of Western Passage because of very fast currents and deep water.

• Fishing and anchor exclusion area – around turbine/s and along the project transmission cable route to prevent damage to ships, their equipment, and the project.

• Aquaculture also major industry - does not occur in main part of channel.

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Threatened and Endangered SpeciesWestern Passage

• Atlantic salmon, federally endangered.– One of the listed populations is in Denny’s River – empties into

the western portion of Cobscook Bay, which is located adjacent to Western Passage.

• Bald eagle, federally threatened.• Northern right whale, federally endangered.• Humpback whale, federally endangered.• Fin whale, federally endangered.• Loggerhead sea turtle, federally threatened.

– Rarely occurs in the Gulf of Maine.

• Leatherback sea turtle, federally endangered.– Occurs primarily in offshore waters of the Gulf of Maine.

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CetaceansWestern Passage

• Fin, minke, and occasionally humpback whales are known to reside locally in the area in summer months.

• Vicinity of Grand Manan Island is visited by a population of about 200 northern right whales in the summer (only about 300 occur in North Atlantic).

• As with nearby Head Harbor Passage, it is expected that Western Passage is not an area where whale concentration is high.

• Harbor porpoise common in area.Expected that marine mammals (and fish and other mobile marine organisms) would be able to detect and avoid turbines – has not been confirmed.

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Bald EaglesWestern Passage

• Cobscook Bay area has the highest concentration of nesting bald eagle pairs in the state.

• Because project would be adjacent to Eastport, it is not anticipated that bald eagle nests are in the project area.

• Any disturbance associated with construction activities or subsequent periodic boat activity associated with project maintenance would be temporary and is unlikely to significantly disrupt bald eagles visiting the project area.

• Turbines will be located deep in the water and will not affect foraging eagles.

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SeabedWestern Passage

• Predominantly hard substrate - less prone to scour.• In areas of bedrock – transmission cable could be anchored (not

buried).

Source: Maine Coastal Surficial Geology (Hagerman and Bedard 2005a)

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Massachusetts – Muskeget Channel Environmental Issues

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Specially Designated Natural Resource Areas

Muskeget Channel• USFWS–designated Significant Coastal Habitats

– Muskeget Channel and Muskeget and Tuckernuck Islands– Martha’s Vineyard Coastal Sandplain and Beach Complex.

• Massachusetts Trustees of Reservations Land – owns much of the east and south side of Chappaquiddick– Cape Poge Wildlife Refuge (516 acres) – includes a majority of

the east side of Chappaquiddick Island – long barrier beach;– Wasque (200 acres), near Wasque Point on the southeastern

corner of Chappaquiddick Island; and– Mytoi (14 acres), located just inland of the beach on both sides of

the Dike Road by the bridge accessing the beach.

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Chappaquiddick Island

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Sea Turtles and Marine MammalsMuskeget Channel

Sea turtles • Uncommon in Nantucket Sound, though loggerhead,

Kemp’s Ridley, and leatherback turtles known to occur.

Pinnipeds• Large numbers of harbor seals and gray seals use area

sandspits, islands, and beaches.• Tuckernuck and Muskeget Islands (5.5 miles+ from

project) represent important overwintering habitat for harbor seals.

• Muskeget Island – one of only two breeding locations for gray seals in the U.S.

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Sea Turtles and Marine MammalsMuskeget Channel

Cetaceans

• Humpback, fin, long-finned pilot, minke, and northern Atlantic right whales, Atlantic white-sided dolphin, and harbor porpoise – may occur in Nantucket Sound.

• Nantucket Sound does not sustain high densities of food sources for the large species of whales.

• Based on historical information, Nantucket Sound is not considered to be important habitat for these species.

Expected that sea turtles and marine mammals would be able to detect and avoid turbines – has not been confirmed.

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Seabirds, waterfowl, shorebirdsMuskeget Channel

• Project area represents rich feeding grounds for terns and gulls during summer and sea ducks during winter.– Oldsquaws visiting the Muskeget Channel and

Muskeget and Tuckernuck Islands area represent the largest concentration of this species in the western Atlantic with over 150,000 individuals having been documented.

– Thousands of common eiders and three species of scoter also occur in this area.

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Connection to GridMuskeget Channel

• Project power would make landfall on Chappaquiddick Island.

• East and south side of Chappaquiddick Island –Massachusetts Trustees of Reservation land.

• No electric infrastructure exists beyond Dike Road Bridge. 3.5 miles from the proposed turbine deployment location (mid channel) to Dike Road Bridge and about ¼mile from the nearest shore location to the Dike Road Bridge.

• Sensitive beach habitat used, in areas, by protected species.

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Terrestrial Protected SpeciesMuskeget Channel

• Piping plovers and least terns – nest on coastal beach along the east side of Chappaquiddick Island, and south side of Martha’s Vineyard.

• Area beaches/islands - important habitat for common tern, roseate tern, northeastern beach tiger beetle, a U.S. endangered species, and sea-beach knotweed and sea-beach pigweed, both regionally rare plants.

• Bald eagles occasionally overwinter in the vicinity of Katama Bay and other ponds and embayments along the south side of Martha’s Vineyard.

It will be important for the developer of the project to work with government resource agencies to identify and avoid/minimize effect to key terrestrial habitats.

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NavigationMuskeget Channel

• Recreation, commercial fishing, and marine cargo vessels use Muskeget Channel as an offshore entry point to the Nantucket Sound and for access to commercial and recreational ports.

• Increased boat traffic occurs in Nantucket Sound from April through October.

• Channel partly marked by buoys, but the high tidal currents make navigation dangerous and larger vessels typically avoid channel.

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SeabedMuskeget Channel

• Gravel sediments are known to occur in the proposed TISEC turbine site; sand common in area.

• More information on seabed needed to determine whether the site will be resistant to scour and to what degree existing benthic habitat will be affected.

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AestheticsMuskeget Channel

• Aesthetics important both on- and offshore.• Many visitors to area.• Flat topography – Trustees of Reservations concerned

with poorly designed or poorly located development (long fields of vision).

• Trustees report that protection of the exceptional scenery is a priority, especially at the Cape Poge Wildlife Refuge.

• TISEC project– Verdant, Lunar, and the MCT Seagen units and underwater

transmission cables will be obscured from view.– Minimizing effects of project construction on existing recreation

uses will be important.• Site and design shore station and terrestrial grid connection to

minimize aesthetic impacts.

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State of Maine Permitting

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Maine Waterway Development and Conservation Act

• MWDCA is the primary State permitting mechanism for hydropower projects.

• The MWDCA provides a comprehensive, one-stop state permitting process that is administered by Maine DEP for projects throughout the State. The law requires consideration of the full range of economic, environmental, and energy benefits and adverse impacts of a hydro project.

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State of Maine Permitting MWDCA• MWDCA Permits are required for the construction of a new

hydropower project of any kind, whether using a dam, a natural water feature, natural current velocities, or tidal action.

• The MWDCA permit application must demonstrate the ability to meet seven criteria:

– financial capability and technical ability– public safety – public benefits – traffic movement – LURC zoning – environmental mitigation– environmental and energy considerations

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MWDCA – 401 Water Quality Certification

• MWDCA Permits also serve as the application for Section 401 of the Federal Clean Water Act.

• To grant a Water Quality Certification, Maine DEP must conclude that the project meets applicable Water Quality Standards that protect the uses and related characteristics of the designated standards.

• A completed FERC Application satisfies most of the information required for the MWDCA permit application.

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State of Maine Permitting Other Requirements

• MWDCA Permit is the primary permitting requirement for the State. However, there is a need to coordinate with MDEP to make sure the following requirements are also addressed.√ Coastal Impact Review by the Dept of Marine Resources√ Fisheries & Wildlife Environmental Consultation by the Dept of

Inland Fisheries and Wildlife√ Rare Plant & Natural Areas Review by the Maine Natural Areas

Program√ Coastal Zone Management Consistency Review by the State

Planning Office√ Historic Preservation Act Review by the SHPO√ Submerged Lands Lease from the Dept of Conservation

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International Joint Commission Coordination

• Prevents and resolves disputes between the U.S. and Canada under the 1909 Boundary Waters Treaty.

• Pursues the common good of both countries as an independent and objective advisor to the two governments.

• Developer for a TISEC project at boundary locations should consult with the USCE to determine whether IJC coordination is required.

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Maine Mandatory Shoreland Zoning Act

• The Shoreland Zoning Law requires that municipalities protect shoreland areas through adopting shoreland zoning maps and ordinances.

• The law is intended to: – protect water quality, – limit erosion, – conserve wildlife and vegetation, and– preserve the natural beauty of shoreland areas.

• TISEC transmission line and on-shore equipment will be subject to zoning ordinances in a given municipality.

• Specific permit requirements will vary with project location and municipality.

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State of Massachusetts Permitting

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Massachusetts Environmental Policy Act Review

• Administered by the Executive Office of Environmental Affairs.

• Provides state permitting agencies and the public an opportunity to comment on a proposal while it is still in the planning stages.

• If project triggers MEPA review thresholds, an Environmental Notification Form (ENF) and an Environmental Impact Report (EIR) may be required.

• The review thresholds identify 12 categories of projects or aspects thereof of a nature, size or location that are likely, directly or indirectly, to cause damage to the environment.

• TISEC facility is likely to trigger at least one of the review thresholds.

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Massachusetts Coastal Zone Management

• Administered by the Massachusetts Office of Coastal Zone Management (CZM).

• Ensures that a federal activity in or affecting Massachusetts’ coastal resources is consistent with the state’s coastal policies for management of:– water quality – marine habitat – protected areas – coastal hazards – port and harbor infrastructure – public access – energy – ocean resources, and– growth management

• Within 180 days of public notice, CZM must issue its concurrence or objections to the federal consistency certification.

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Massachusetts Energy Facility Siting Board

• The Energy Facilities Siting Board (Board) coordinates the permitting and licensing of hydropower generating facilities by simplifying requirements for permits and licenses by acting as a facilitator between the project developer and relevant agencies.

• TISEC facilities with a total generating capacity less than 100 MW will not fall under jurisdiction of the Board.

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Massachusetts Chapter 91 - Public Waterfront Act

• Authorization by the MDEP in accordance with Waterways Program.

• Regulates dredging, placement of structures, change in use of existing structures, placement of fill, and alteration of existing structures in flowed tidelands within three miles of shore, filled tidelands, and Great Ponds, as well as certain rivers and streams.

• Four different types of licenses: 1) DEP Waterways License; 2) DEP Waterways Permit; 3) License or Permit Amendment; and 4) Harbormaster Annual Permit.

• A TISEC project would likely be required to obtain a MDEP Waterway License.

• Fairly complex and multi-step process, complete with a public notice and comment period.

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Massachusetts Endangered Species Act

• Administered by the Division of Fisheries, Wildlife, and Environmental Law Enforcement.

• Protects endangered or threatened species by prohibiting the taking, possession, transport, export, processing, sale, or purchase of such species.

• Upon review of species habitat database, permit includes recommended measures to protect endangered or threatened species.

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Massachusetts Section 401 Water Quality Certification

• Administered through the MDEP Division of Wetlands and Waterways.

• Dredge and/or fill projects are required to obtain Section 401 WQC if: 1) the project is located in waters and wetlands subject to state and

federal jurisdiction; and 2) a federal permit (e.g., FERC license) is required for the project.

This permit is applicable to activities resulting in a discharge of dredged material, dredging, or dredged material disposal greater than 100 cubic yards.

• Mandatory conditions in the permit to ensure that state surface waters are not harmed by the project.

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Massachusetts Wetlands Protection Act

• Administered by local Conservation Commissions and the MDEP in accordance with Wetlands Program.

• Protects water resources with “no net loss of wetlands”policy and ensures that the beneficial functions of these resources are maintained.

• Projects are required to avoid impacts where possible, minimize unavoidable impacts, and mitigate for unavoidable impacts.

• Proponents of a project must apply for an Order of Conditions from the appropriate municipality’s Conservation Commission.

• If a project extends beyond the boundaries of a single municipality, the developer must receive approval from multiple Conservations Commissions.

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Massachusetts Coastal Wetlands

• The Coastal Wetlands Restriction Act prohibits development on designated wetlands.

• Currently inactive (i.e., no new areas are being added), but the restrictions are still in effect for the areas previously registered.

• Proposals to alter these registered wetlands are reviewed by the local Conservation Commissions, in accordance with the MWPA.

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Massachusetts Municipal Harbor Plans

• Establishes a community’s objectives, standards, and policies for guiding public and private utilization of land and water within Chapter 91 Public Waterfront Act jurisdiction.

• Projects located within state-approved municipal harbor planning districts must comply with these plans.

• A harbor plan may prohibit certain activities applicable to a tidal energy facility, such as in-water construction and mooring placement.

• Projects are reviewed as a part of Chapter 91 licensing and the CZM federal consistency review.

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Massachusetts Historic Properties -National Historic Preservation Act,

Section 106• Administered by the Massachusetts Historic

Commission (MHC). • Guards against inadvertent destruction of historic

resources. • Process can be used for both MEPA (15) review

requirements and the Section 106 consultation with federal resource agencies.

• Project must avoid, minimize, and mitigate adverse impacts to historical resources.

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Massachusetts Underwater Archeological Resources

• Administered by the Board of Underwater Archeological Resources.

• Protects against the accidental disturbance of underwater archeological resources.

• Anyone wishing to excavate an underwater archeological site must obtain a permit from the Board.

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Massachusetts Areas of Critical Environmental Concern

• Certain areas within the State of Massachusetts, both on the coast and inland, have been designated as Areas of Critical Environmental Concern (ACEC).

• The operative effect of regulations on permitting a TISEC project is enhanced resource protection by ensuring a closer regulatory scrutiny by certain state agencies.

• The MEPA review, as well as the MDEP’s Waterways (Chapter 91) and Wetland permitting become more involved.

– MEPA: Review thresholds are reduced for project proposals located within an ACEC.

– MDEP Waterways (Chapter 91): Regulations prohibit new fill in ACECs and place limits on new structures. Improvement dredging and the disposal of dredged material are essentially prohibited as well.

– MDEP Wetlands: The performance standard is raised to “no adverse effects” except for maintenance dredging for navigational purposes of “Land Under the Ocean.”

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