MACC Annual Environmental Conference 2017 Series B, Workshop 12 Solar Arrays: Permitting Issues for Commissions to Consider

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Molly Stevens
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1 MACC Annual Environmental Conference 2017 Series B, Workshop 12 Solar Arrays: Permitting Issues for Commissions to Consider March 4, 2017

2 Are solar arrays pervious or impervious? Are solar arrays subject to Stormwater Regulations?

3 DEP Policy on Photovoltaic System Solar Array Review under the WPA At least 230 solar projects filed NOIs between 2011 and 2017, including 83 last year Drafted by DEP staff DEP solicited comments from Stakeholder Group Content: Identifies project components Identifies potential impacts Applies impact avoidance and minimization standard Provides guidance on applying performance standards for: BVW Riverfront Area Stormwater Management

4 Stakeholder Group MACC: Michael Howard (Epsilon/AMWS), Heidi Ricci (MassAudubon), Matt Schweisberg (Wetlands Strategies and Solutions), Gene Benson (MACC Exec. Director), Jen Carlino (MACC President, Norton Conservation Commission) Laura LaPierre VT Department of Environmental Conservation Thomas Benjamin Solar Farm Site Consulting/ Bluewave Stacy Minihane - Beals and Thomas Drew Pierson Blue Wave Renewables Roger Freeman Solventerra Arthur Allen - EcoTec

5 Major Comments on Draft Policy Comment: Clearly state purpose of policy DEP Response: Purpose: To provide technical and regulatory guidance to Conservation Commissions, the solar industry and consultants for the permitting and siting of solar arrays that avoids or minimizes adverse effects on wetland resources.

6 Major Comments on Draft Policy Comment: Exceeds DEP s authority & requires public review & regulatory promulgation process DEP Response: Policy provides context (need for policy and other related laws) Agencies are given broad authority to interpret regulation (Biogen IDEC MA, Inc. v. Treasurer & Receiver Gen., 454 Mass. 174, 184 (2009)) Policy establishes DEP opinion on how to apply regulatory standards Wetlands appeals process unaffected by policy document (no changes)

7 Major Comments on Draft Policy Comment: Are panels built over a wet meadow or herbaceous wetland a loss? DEP Response: DEP clarified that performance standard for BVW is shall not impair or destroy any portion

8 Major Comments on Draft Policy Multiple Comments on Stormwater Management DEP Response: DEP clarified that stormwater management standards can be met by complying strictly with Stormwater Handbook, Volume 3 including utilizing Environmentally Sensitive Site Design through Low Impact Development (LID). Stakeholders helped DEP refine LID design recommendations. Stakeholders helped DEP clarify discussion about spacing between panels/tables.

9 Major Comments on Draft Policy Comment: Do applicants have option of strictly meeting stormwater controls per Stormwater Handbook Volume 3 or through LID? DEP Response: Yes, while either method is acceptable, LID will likely reduce amount of land area necessary for stormwater management over more traditional methods.

10 Why are solar arrays subject to stormwater policy? Precipitation sheets down glass panels and is concentrated at the drip line, creating the potential for gullying and erosion. Stormwater runoff from all projects subject to regulation under M.G.L. c. 131, 40 including site preparation, construction, and redevelopment and all point source stormwater discharges shall be provided with stormwater best management practices in accordance with the following Stormwater Management Standards, 310 CMR 10.05(6)(k) Proper stormwater controls should infiltrate stormwater, recharge groundwater and control Total Suspended Solids (TSS)

11 Solar arrays subject to Stormwater Standards for peak rate control, recharge, TSS & erosion/siltation controls

have significant grades; Resource areas usually located at the bottom of the

12 Issues Much of work outside of DEP jurisdiction; Heavy equipment on the landscape clearing stumps and grading; Lots of exposed, bare soil; Many sites have significant grades; Resource areas usually located at the bottom of the slope; Significant chance of failure of the E and S controls; Unplanned stormwater conveyances.

13 Considerations for LID credit Pre-construction condition of land, e.g. forested, grass Panel orientation relation to slope Slope of proposed ground surface Vegetated surface below panels Adequate space between rows of panels for light to reach vegetation Height of drip edge above ground and angle of panels should be considered when selecting BMPs

14 LID Site Design Credits may be used to satisfy the recharge and TSS treatment, provided the LID credit provisos are met.

15 Long Term stormwater O/M Plan must be provided and implemented (310 CMR 10.05(6)(k)(9)

16 Erosion Control Plan must be provided and implemented (310 CMR 10.05(6)(k)8)

17 Understanding the Construction Process

18 Site Preparation Photos courtesy of Bluewave and Fields Engineering.

19 Installation of Sedimentation & Erosion Controls The Good! The Not So Good!

20 Access Roads/Wetland Crossings Photo courtesy of NEE

21 Electrical Interconnection Photos courtesy of Epsilon

22 Foundation Designs

23 Photos courtesy of Bluewave and Fields Engineering. Panel Installation

24 Solar Arrays Photos courtesy of Bluewave and Fields Engineering.

25 Perimeter Fencing Photos courtesy of Bluewave and Fields Engineering.

26 Source: Site Stabilization Measures

27 Complying with Performance Standards

Solar projects proposed in Riverfront Area that is not otherwise previously developed or degraded are required (in part) to make a demonstration to the Commission or MassDEP that there is: no

28 Solar projects proposed in Riverfront Area that is not otherwise previously developed or degraded are required (in part) to make a demonstration to the Commission or MassDEP that there is: no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the interests. Example 1 - Riverfront Area This is demonstrated through an alternatives analysis. Photo courtesy of Epsilon

29 Example 1 - Riverfront Area (continued) 200 Ft Riverfront Area 200 Ft Riverfront Area

30 Example 2: Bordering Vegetated Wetlands Solar projects are required to meet the general performance standards for work within wetland resource areas and should be sited outside of wetland resource areas whenever possible. The BVW general performance standards are found at 310 CMR 10.55(4)(a): any proposed work in a Bordering Vegetated Wetland shall not destroy or otherwise impair any portion of said area. the issuing authority may issue an Order of Conditions permitting work which results in the loss of up to 5,000 square feet of Bordering Vegetated Wetland when said area is replaced. In the exercise of this discretion, the issuing authority shall consider the magnitude of the alteration and the significance of the project site to the interests the extent to which adverse impacts can be avoided, the extent to which adverse impacts are minimized, and the extent to which mitigation measures, including replication or restoration, are provided. There is no Limited Project provision associated with the siting of solar arrays in BVW. Other project elements may qualify as Limited Projects (electric interconnections, access roadway/driveway) if the proposed work cannot otherwise meet the general performance standards.

31 Clearing of Trees to Minimize the Effects from Shading on the Solar Panels

32 Surveying & Flagging Trees to be Selectively Removed Identifying Trees to be Removed

33 Quantifying Impacts Photos courtesy of Epsilon

34 Wetland Impact Minimization Techniques: Specialized Tree Clearing Equipment Photos courtesy of Epsilon

35 Potential Mitigation Measures for Unavoidable Alterations: Wetland Replication & Supplemental Buffer Zone and Wetland Plantings Photos courtesy of Epsilon

36 Potential Mitigation Measures & Wildlife Habitat Enhancements Photos courtesy of Epsilon

A. General Information

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection A. General Information 1. Project