HomeMy WebLinkAboutCape Cod Comission Decision. 05112023pdf3225 MAIN STREET «P.O.BOX 226
BARNSTABLE,MASSACHUSETTS 02630
CAPE COD
(508)362-3828 «Fax (508)362-3136 ®www.capecodcommission.org COMMISSION
CERTIFIED MAIL- RETURN RECEIPT REQUESTED
TRACKING NUMBER:7021 0950 0000 2243 4119
May 17,2023
Park CityWind,LLC
125 High Street,6'^Floor
Boston,MA 02110
ATTN:Hans van Lingen
RE:New England Wind 1 Connector (f/k/a Vineyard Wind 2)CCC File No:22005
Dear Mr.van Lingen,
Enclosed please finda copyofthe Development of Region Impact (DRI)Decision for New England
Wind1Connector that was approved,with conditions, bythe Cape Cod Commission at its regular
meetingon Thursday,May 11,2023. Afterthe 30-dayappeal period has elapsed and no appeals
have been filed(or ifsuch an appeal isfiled,after it has been dismissed or adjudicated inthe
applicant's favor),the Cape Cod Commission will record the original decision with the Barnstable
County Registryof Deeds.
Thank youforyourattention to this matter and shouldyouhaveanyquestions, please do not
hesitate to call.
Sincerely,
ia Dillon
Commission Clerk
CC w/enc:
Certified Mail:Ann Quirk,Town Clerk,Barnstable Tracking Number: 7021 0950 0000 2243 4140
Brian Florence,Building Commissioner,Barnstable Tracking Number:7021 095000002243 4126
Regular Mail:Elizabeth Jenkins,Assistant Director of Planning and Development;Thomas
McKean,Health Inspector
Chair -Zoning Board of Appeals,Conservation Commission,Planning Board
3225 MAIN STREET ®P.O.BOX 226
BARNSTABLE.MASSACHUSETTS 02630
i ll /i
CAPE COD
(508)362-3828 «Fax (508)362-3136 ®www.capGcodcommission.org COMMISSION
CAPE COD COMMISSION
DEVELOPMENT OF REGIONAL IMPACT (DRI)DECISION
Date:May 11,2023
Project:New England Wind 1 Connector (f/k/a Vineyard Wind 2)
Cape Cod Commission File No.22005
Project Applicant:Park City Wind,LLC
125 High Street,6th Floor
Boston,MA 02110
Project Location:Townof Barnstable
SUMMARY
The Cape Cod Commission ("Commission")herebygrants Development of Regional Impact
("DRI")approval,with Conditions,for "New England Wind 1 Connector,"to constructa
substation and transmission infrastructure necessary to deliver offshore wind power to the
power grid,pursuant to a vote ofthe Commission at itsmeetingon May 11,2023.
FINDINGS
The Cape Cod Commission hereby findsand determines as follows:
F1.Park City Wind,LLC ("Applicant")proposes developmentofthe substation and
transmission infrastructure necessary to deliver approximately 800 MW of offshore
wind powergenerated in federal watersto the ISO-New England regional power grid.
Components ofthe Project located within Barnstable County include:
• installation oftwo export cables through approximately 6.9 milesof state
waters within Barnstable County;
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• approximately 4.0 milesof buried duct bank and export cables, primarily
proposed in public roadway layoutsfrom the landfall site to the proposed
substation;
• a new substation located at 6 and 8 Shootflying Hill Road in the Town of
Barnstable;
•approximately 0.7 milesof buried duct bank and export cables primarily
proposed in existing utilityright-of-way (ROW)in the Townof Barnstable
from the proposed substation to the West Barnstable Substation (grid
interconnection route);and
• new equipment at the existing West Barnstable Substation on Oak Street to
facilitate the Project's interconnection to the electrical grid (collectively,the
"Project").
F2.The wind turbine array associated with the Project is located in federal waters outside
the Jurisdictionof the Cape CodCommission ("Commission").Electricity generated by
the wind turbine array will be transported to the existing land-based transmission
system viatwo new 275 kV three-core AC offshore transmission cable systems that
will travel north from the wind turbine array and make landfall on the Cape Cod
mainland at CraigvilleBeach in Barnstable.
F3.The offshore cables will connect to the onshore cables at the landfall site.All onshore
cables will be contained within a buried concrete duct bank.The cable route will
follow existing rights of way, primarily through the village of Centerville. The onshore
substation site is an approximately 6.7-acre privately-owned parcel at 8 Shootflying
Hill Road in Barnstable,which is currently occupied by the Knighfs Inn motel.
DRI lurisdiction
F4.The Project requires mandatory DRI review pursuant to Section 2(d)(i)of the
Commission's Chapter A:EnablingRegulations Governing Review of Developments of
RegionalImpact ("Enabling Regulations"),revised November 2021,because the Project
required the preparation ofan Environmental Impact Report ("EIR")pursuant to the
Massachusetts Environmental PolicyAct,M.G.L c.30, §§61-621 ("MEPA").
Procedural History
F5.The Project required a mandatory Environmental Impact Report under MEPA due to
the project altering ten or more acres of wetlands (land under the ocean [LUO])and
involving construction of electric transmission lines with a capacity of 230 or more kV.
The Project received its certificate on its Final Environmental Impact Report ("FEIR")
stating that the project properly and fully complies with MEPA on January 28,2022.
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F6.A staff hearing officer opened the DRI hearing period procedurally on March 14,2022.
TheApplicant submitted a DRI applicationfor the Projectto the Commission onJune
10,2022.The Applicant and Commission mutually agreed to extend the hearing
period three times, through June 10,2023.Another extension will be needed.
F7.The Applicantand the Townof Barnstable entered Into a Host Community Agreement
("HCA"),which was authorized by vote and resolution of the Town Council and
executed In May 2022.
F8.The substantive public hearing was opened bya Subcommittee of the Commission on
March 7,2023.Subsequent public hearings were held by the Subcommittee on March
27,2023 and April 24,2023.
F9.The full Cape CodCommissionheld a hearing on the Project at Itsmeeting on May 11,
2023.It considered the recommendation of the Subcommittee,Including the draft
written DRI decision. At the hearing on May 11,2023 the Commission voted to adopt
the draft written DRI decision,and approve the Project,with the Conditions set out In
said decision.
/
DRI Review Standards
F10.Section 7(c)(vlll)of the Commission's Enabling Regulations contains the standards to
be met for DRI approval,which Include,as applicable,consistency with the CapeCod
Regional Policy Plan,municipal development bylaws.District of Critical Planning
Concern ("DCPC")Implementingregulations and Commission-certified Local
Comprehensive Plans ("LCP").The Commission must also find that the probable
benefit from the Project Is greater than Its probable detriment.
F11.DRI review of the Project Is subject to the 2018 Regional Policy Plan ("RPP"),as
amended In March 2021,which Is the version of the RPP In effect at the time of the
Commission's first substantive public hearing on the Project. The Commission
determines the Project's consistency with the Act and RPP by determining whether
the ProjectIsconsistent with the Goalsand Objectives In Section6ofthe 2018 RPP,as
particulargoalsand objectives are deemed applicableand materialto the Project.
Cape Cod Regional Policy Plan
Applicable and Material RPP Goals
F12.The following RPP Goals are applicable, material,and regionallysignificantand are
thus subjectto RPP consistency review:Community Design,Cultural Heritage,
Transportation,Water Resources,Ocean Resources,Wetland Resources,Wildlife and
Plant Habitat,Open Space,Coastal Resiliency,Capital Facilities and Infrastructure,and
Energy.
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F12a.AppendixAofthe Energy Technical Bulletin addresses standards for the
review of Wind EnergyConversion Facilities (WECFs).As the WECFs
themselves are within federal waters and outside of the jurisdiction of the
Cape CodCommission,these are not applicable to the Project.The review is
limited to only the onshore infrastructure and cables within the waters of
Barnstable County.
Community Design
F13.The Community Design Goalof the RPR isto protect and enhance the unique
character of the region's buiitand natural environment based on the localcontext.
The following Objectiveisapplicable and material to the Project:to promote context
sensitive building and site design (CD1).
F14.Consistencywith Objective CD1 isachievedthrough the use of regionally appropriate
forms and materials,siting equipment away from distinctive neighborhoods and
cultural areas,and providing appropriate landscaping.The Project is consistent with
CD1 in that the visibility will be limited.
F15.The Applicant submitted a visual assessment and photo-simulations that illustrate the
visibility of the proposed substation off Shootfiying Hill Road.The visual assessment
shows how the substation will be visible from the adjacent streetscape,and how
some parts ofthe substation,likely the mast poles,will also be visible from the
southwestern shores of Lake Wequaquet,though at that distance they are unlikely to
have significantvisualimpacts.Thetailmast poles will be most visible due to their
height, but their narrow profile will limit their visualimpact on surrounding areas,
especially when viewed froma distance.While the proposed substation will be visible
from some public areas such as Route6 and the Barnstable RestArea/Parkand Ride
facility,the lowerground heightand solid sound wallofthe substation will limit the
height and visibility of the substation equipment and the north side of the substation
will be partiaNy screened by vegetated plantings.
F16.The Applicant submitted a landscape planfor the Shootfiying Hill substation site that
includes a mixof species,but the plantings would create a more effective landscape
screen if grouped into natural-appearing groupings.The proposed "slatted fence"on
the north side of the substation (along Shootfiying Hill Road)will be highlyvisibleuntil
the proposed plantings havereached maturity,thus better fencingmaterialor
improved landscape screening should be provided. With conditions included herein
requiring further submittals for review,the Projectis consistent with CD1.
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Cultural Heritage
F17.The Cultural Heritage Goalof the RPP Is to protect and preserve the significant
cultural, historic,and archaeological values and resources of Cape Cod.The following
Objectives are applicableand materialto the Project:to protect and preserve forms,
layouts,scale, massing,and key character defining features of historic resources.
Including traditional development patterns of villages and neighborhoods (CHI);and
to protect and preserve archaeological resources and assets fromalteration or
relocation (CH2).
F18.The Project Is consistent with Objective CHI as the Project proposes to use best
practices for construction In historic areas.Including that vibration levels be limited
and monitored during construction and that the Applicantcommit to repairing any
damage found In the post-construction surveyfor purposes of protecting historic
resources consistent with CH1.
F19.Thepreferredroute ofthe undergroundcablevaultforthe New England Wind project
passesthrough the Centervllle National Register Historic District,an area that was
listed on the National Registerof Historic Places In 1987.The alternate route passes
bytwo National Register-listed properties,theJohn Richardson Houseat 242Phlnneys
Lane and the Ancient Burying Ground (Phlnneys Lane Cemetery).
F20.As the exact location of duct banks will depend on other constraints such as the
location of new and existingInfrastructure such as sewer, water, and gas, the
Applicant has submitteda Construction Impact Mitigation Plan wherethe Applicant
commitsto protectionsfor historic buildings alongthe entire route within the
Centervllle Historic District.Specifically,the proponent commits to pre- and post-
construction surveys bya qualifiedarchitect or structural engineer to determine
baseline conditions and provide a damage assessment Ifany changes occur during
construction.Inaddition,the proponent will require certain construction techniques
to limit vibrations that could cause damage to historic structures.Vibratoryrollers will
be used only In non-vibratorymodes withinthe Centervllle Historic District,and the fill
materials used will not require vibrationfor compacting.The Applicant also commits
to consideringhistoricstructures when<locating the duct bank,trench boxes,and
equipment loading/unloading areas as part ofthe final engineering design.
F21.Theseproposed methods are consistent with best practicesfor construction in
historic areas,and with Objective CHI,provided that vibration monitoringduring
construction be included to ensure vibration levels caused by other equipment do not
exceed0.2Inchespersecond,which Is commonly used as athresholdto prevent
damage In historic resource areas.
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F22.Provided that the Massachusetts Historical Commission ("MHC")approves the
Applicant's proposed Unanticipated Discoveries Protocol,the Projectisconsistent
Objective CH2 as the Applicant has investigated areas of archeological sensitivity and
will appropriately address archaeological resources ifdiscovered during construction.
F23.An archaeological survey ofsensitive areas was completed by the Applicant's
consultant,PAL Inc.,under direction from MHC.Areas of moderate and high
archaeological sensitivitywere identified within the project impact area and were
further investigated by the consultant in 2021.None of the sites investigated were
found to have significant cultural resources or to be potentially eligiblefor the
National Registerof Historic Places.While MHC did not request that the Projectavoid
these sites,MHC did request a Post-ReviewDiscoveries protocol and archaeological
monitoringto address any archaeological resources that might be reveaied during
projectconstruction.The Applicant's consultant prepared "Procedures Guiding
Discoveryof Unanticipated Archaeological Resources and Human Remains"(revised
August 2022)and submitted itfor MHC review.
Transportation
F24.TheTransportation Goal ofthe RPP isto provideand promote a safe,reliable,and
multi-modal transportation system. ThefollowingObjective isapplicable and material
to the Project:to improvesafety and eliminate hazards for allusers of Cape Cod's
transportation system (TR1).
F25.Consistent with this goal and as conditioned herein,the site driveway access points at
the transmission substation will be designed,constructed,and maintained to provide
adequate sight linesalong Shootflying Hill Road.The Applicant will continueto focus
on safety and minimizing impactsto the traveling publicas itdevelopsfinal Traffic
Management Plans ('TMP")and the Projectimplementation schedule, consistent with
Objective TR1.
F26.Temporary construction impacts associated with the offshore cable installation will be
mitigatedwith TMPs developed bythe Applicant and approved by state and local
officialsfor the affected roadways. DraftTMPsfor the Route 28/Old Stage Road
intersection are provided in Attachment Dof the Application,along with several
typical TMPs.TMPs will be finalized through coordination withthe Town of Barnstable
and MassDOT to avoid and minimize temporary traffic-related impacts,and to avoid
any regional impacts during construction.
F27.Directional drilling will be used as part of the duct bank installation under Route 6
(Mid-Cape Highway)to minimizetraffic impacts, as wellas micro tunneling Is planned
to be used for the Centerville River crossing adjacent to the existing bridge structure.
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F28.New England Wind intendsto work simultaneously ontwosegmentsat atime with
approximately 80-200feet completed per day.For mostofthe route,laneor road
closures are necessary for the cable installation.
Water Resources
F29.The Water Resources Goal of the RPPis to maintain a sustainable supply of high-
quality untreated drinking waterand protect,preserve,or restore the ecological
integrity of Cape Cod's freshand marine surfacewater resources.The following
Objectives are applicable and material tothe Project:to protectand preserve
groundwater quality (WR1);to protect,preserve,and restorefreshwaterresources
(WR2);and to manage and treat stormwater to protect and preservewater quality
(WR4).
F30.The Project is located within areas mapped bythe Commission for:Wellhead
Protection (Barnstable Fire District);Freshwater Recharge(Garretts Pond-W.
Barnstable substation);and MarineWater RechargeArea(Barnstable Harbor).
F31.Proper management during andafter construction will mitigate any potential ground
water impacts.Thereare no ongoing impacts or risks to ground water from the
export cables after Installation.
F32.The Project is consistent with the methods for Objective WR1 related to site-wide
nitrogen loading as itis calculated to be 0.15 ppm,which islessthanthe 1 ppm
standard set bythe Cape Cod Commission and lower thanthe previous use.With
conditions herein related to approvals of plans and documents prior to construction
ofthe substation,detailed later inthis report, the Projectisconsistent withthe
methods for Objective WR1 relatedto hazardous materials.
F33.Tobe consistentwith Objective WR2,the Project must employmethods to protect
freshwater resources.The Projectisconsistent,subject to conditions requiring the
Applicant to provide for review and approval,engineering design,details,and
stormwater management details ofthe West Barnstable substation expansion and
the Operation and Maintenance (O&M)Plans forthe proposed stormwater
treatments and the Petro-barrier film.Any impacts to the freshwater resource,
Garretfs Pond,will be assessed as details about the modification of the West
Barnstable substation become available from Eversource,prior to construction.
F34.The Project isconsistent with WR4,asthe Project meets requirementsto capture,
treat,and infiltrate stormwater runoffon site.The Project will result inan
approximately 0.4-acre net decrease of impervious area.The proposed stormwater
conveyances,pretreatment,and recharge BMPs will result in improved groundwater
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recharge,decreased total and peak runoff rates, and Improved post-development
hydrology at the site.
F35.For purposes ofconsistencywith WR4,the Applicant will provide:(1)a stormwater
maintenance and operation plan detailing inspection,monitoring and maintenance
schedules,and identify the party responsible for implementation and (2)a
Professional Engineer certified letter that details inspection of the stormwater
treatment systems one-year post-construction and certifies the systems were
installed and continue to function as designed and approved.
Ocean Resources
F36.The Ocean Resources Goal isto protect, preserve, or restore the qualityand natural
values and functions of ocean resources.The following Objectives are applicable and
material to the Project: to locate development away from sensitive resource areas
and habitats (0R1);to preserve and protect ocean habitat and the species it supports
(0R2);and to protect significant human use area and vistas (0R3).
F37.While the Project proposes to install two offshore export cables that will result in
alterations to the seafloor within Cape Cod's ocean environment,the Applicant has
made route,design,and construction choices and adjustments through the MEPA and
other State review processes that serve to minimize impacts to ocean resources.
F38.The Projectis consistent with 0R1 as the offshore export cables are not located within
designated prohibited areas for ocean species or exclusionary areas as Identifiedin
the Cape CodOcean Management Plan.TheApplicantIsworkingwith the relevant
state and federal agencies to identify Best Management Practices (BMPs)including
time-of-year (TOY)and speed restrictions to avoid, minimize,or mitigate potential
Impactsto rare and sensitivespecies and their habitats that are proximate to or In the
Project area.
F39.While portions of the offshore export cables are located within rare species and
suitable shellfish habitat areas,installation of the cables by Horizontal Directional
Drilling ("HDD")from the landfallsite out to approximately 1,000 to 1,200 feet from
shore (with installation depth of approximately 40 feet below the ground surface at
mean highwater)will avoidor minimize impacts to pipingploversand other rare
birds and other sensitive nearshore resource areas including eelgrass beds,areas of
hard bottom,and most of a mapped suitable shellfish habitat area;however,
depending on final HDD design,approximately 200 linear feet of shellfish habitat may
be impacted.TheApplicanthas consulted with Massachusetts Office of CoastalZone
Management (CZM),Division of Marine Fisheries (DMF),Department of Environmental
Protection (MassDEP),and Natural Heritage and Endangered Species Program
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(NHESP),as well as relevant federal agencies,to identify Best Management Practices
(BMPs)includingtime-of-year (TOY)and speed restrictions to avoid,minimize,or
mitigatepotentialimpactsto marine mammals,fish,shellfish,sea turtles, sea ducks,
and shorebirds and their habitats.TheApplicantisalso consulting with these and
other relevant agencieson appropriate FisheriesStudies,and Piping Plover
Protection, Benthic Habitat Monitoring,and Fisheries Communication Plans.
F40.The use of HDD will avoid impacts to eelgrass.The Project area avoids Core Habitat for
whales andis within Core Habitat forsea ducks.The Project is consistent wit>i 0R2 as
the potentialimpactto sensitive species within Barnstable County waters isvery
limited due to the temporary nature ofcable installation activities and the veryslow
speed (less than one knot per hour)of cable laying operations.In addition,noise
impacts are not anticipated fromthe offshoreexportcable installation portion ofthe
Project given that noisefromassociatedvessel traffic is likely to be similar to
background vessel traffic noise.Consistent with 0R2,the Project furthers a
substantial public purpose as it will deliverapproximately800 MW ofoffshorewindto
the ISO-New England regional powergrid.This renewableenergy will replace fossil
fuel energy and support regionalclimategoals.
F41.The Applicant has coordinated the routeofthe offshoreexportcable with existing
cable routes to minimize harm to the environment.The offshore export cable corridor
("OECC")where the two offshoreexport cablesare proposed to be installed was
evaluatedand approvedforthe Vineyard Wind Connectorand remains largely the
same forthe proposed Project.Since the cablesfromthe Vineyard Wind Connector
will alreadybe installed within the OECC twoto three years priorto the New England
Wind I Connector cable installation,this widening is expected to enhance the
Applicant's ability to micro-site the New England Wind I Connector cables.The
majority ofthe OECC will remain unaffected bycable installation asthe direct
trenching disturbance foreachofthe cablesis anticipated to be approximately 3.3
feet wide.
F42.The Applicant proposesto implement appropriatecable installation methodologies
and construction practices to minimizecumulative impacts to ocean resources.From
the oceanfloorexitpointofthe HDD-installed section ofcable,the remaining
offshore export cable will be installed primarily using simultaneous lay-and-bury via
jet-plow;however,the Applicant indicates other methods (e.g.,mechanical plow,
mechanical trenching)maybe required in areas ofhard bottomor other challenging
conditions.The Applicant also identifies other installation methodologies (shallow-
water cable installation vehicle,pre-pass jetting, pre-trenching,pre-lay plow,boulder
relocation,precision installation,and jetting)that maybe used in specialized
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situations.In places,offshore cable installation may also require sand wave dredging,
anchoring, and cable protection.A pre-lay survey will be conducted to identify any
new obstructions that were not previously observed within the cable route and
inform any additional micro-siting alterations to the intended cable alignment before
installation. Apre-lay grapnel run will take place to provide clearance for installation
and sand wave dredging.
F43. The cables will have a target burial depth of 5 to 8 feet below stable seabed.Once the
equipment moves on,sediment will naturallysettle out of suspension,backfilling the
narrow trench.In cases where adequate burial depth is not possible due to
subsurface conditions, cable protection may be necessary.The Applicant intends to
avoid or minimize the need for cable protection to the greatest extent feasible
through site assessment and selection of the most appropriate cable Installation tool
to achieve sufficient burial.
F44.Approximately two miles (31,000cubicyards) of sand wave dredging is anticipated
within a stretch of the OECC close to federal waters.Sand waves are dynamic features
that generally do not enable the formation of complex benthic communities.
Accordingto the Applicant,sand wave dredging, if performed,wouid not occur along
the entire two-mile stretch but only to remove tops of sand waves as needed during
construction to ensure sufficient burial within the stable seabed.Proposed methods
for sand wave dredging include trailer suction hopper dredge which uses suction to
remove materiai,deposit it in a hopper,and release it elsewhere in the OECC that also
contains sand waves,or jetting by controlled flow excavation which uses a pressurized
stream of water to push sediments to the side.
F45.Post-construction surveys will be conducted to inspect cable depth of burial and
conduct as-built cable surveys. The Applicant isdeveloping a Benthic Habitat
Monitoring Planfor the Project in consultation with state and federal agencies
intended to document habitat and benthic community disturbance and recovery
following construction.
F46.Given the proposed offshore cable installation methodologies,narrow trench widths,
target burial depths,and anticipated minimal need for cable protection,the post-
construction impacts from cable installation on benthic habitats are anticipated to be
temporary and minor.Taking into consideration Project impacts in conjunction with
other ocean-based development in this area together with design considerations,
construction practices, and mitigation actions proposed by the Applicant,it is unlikely
that the cumulative impacts of development will degrade ocean habitats and human
use areas within the Project area post-construction.
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F47.The Projectisconsistent with OR3,it wiil maintain a safetyzone to be determined with
the United States Coast Guard,it will not result in restrictions to vessel transit or
fishing in the Project area, and it will avoid or mitigate potentialadverse effectsto
significant cultural resources.
F48.Otherthan temporary and limited restrictions In the safetyzone,the Project will not
result in restrictions to vessel transit or fishing in the Project area.Impacts to
commercial fisheries will be further mitigated byongoing communications via the
.Fisheries Communication Plan (FCP)and the use of Fisheries Liaisons and Fisheries
Representatives.According to the application,there wiil bea maximum of
approximately six vessels used during cable installation,and construction will proceed
ina single phase.Vessels will be usedfor route clearance,cable-laying and burial,and
installation ofcableprotection.In addition,a guard vesselmaybe used to monitor
vessel activity around the constructionarea and a crewtransfer vesselmaybe usedto
transport crew and supplies betweenshoreandthe installation vessels.
F49.The Applicant conducted a marine archaeological assessmentthat will assist in
avoiding and mitigating potential adverse effects to significant cultural resources
resulting from the Project.According to the Applicant,archaeological investigations of
the OECC have recovered no pre-Contact Native American cultural materials to date.
While the geoarchaeological analysis of geophysical and geotechnical data indicate
there are ancient stream channel,lake, pond, and estuarine landscape features within
the Project area that may have the potential to contain archaeological materials,
together,the geophysical and geotechnical investigation indicate that there is little
potential for submerged cultural resources.Any unanticipated discoveries of cultural
resources wouldbe managed inaccordance withan unanticipated discoveriesplan
that will be developed inconsultationwith MassachusettsBoardof Underwater
Archaeological Resources (MBUAR)and Massachusetts Historical Commission (MHC).
F50.Through the combination oftimeofyear ('TOY")restrictions and HDD and the
installationof the transition vaults underground beneath the Craigville Beachparking
lot at the landfall site,scenic vistas toward Craigville Beach from both land and water,
and recreational access to the beach,will be preserved. Sensitivearchaeological sites
are not anticipated along the proposed offshore export cable installation route.The
temporary natureof offshore export cable installation impacts andthe limited
permanent footprint duetoany cable protection serves to protect offshore human
use areas,consistent with 0R3.
F51.The Project is consistent with the Ocean Resources Goal and Objectives ofthe RPP,
provided proposed Best Management Practices and mitigation measuresare
implemented.The Applicant hasmade route,design,and construction choices that
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should serve to minimize impacts to ocean resources.Through offshore cable route
selection,cable installation methods,TOY restrictions,and the use of HDD for the
offshore-onshore transition,the Project locates development away from sensitive
ocean resource areas and habitats and preserves and protects ocean habitat and the
species it supports.
Wetlands Resources
F52. The Wetlands Resources Goal of the RPR is to protect,preserve,or restore the quality
and natural values and functions of inland and coastal wetlands and their buffers.The
following Objective is applicable and material to the Project:to protect wetlands and
their buffers from vegetation and grade changes (WET1).
F53.The RPP allows for utility installation in wetlands and their buffers where the
Applicant can show that there isa public benefit,there isno feasible alternative to
alteration,and the impacts from the alteration are minimized and mitigated.The
Project is consistent with Objective WET1 because the Project is the water-dependent
installation of utilitylines,there will be no permanent impacts to wetland resource
areas within the land-based portion of the Project,and temporary impacts within the
limited wetland resource areas through which the Project passes will be minimized
with construction Best Management Practices and restored to existing conditions
after construction.
F54. The Project will facilitate several public benefits including improved electricity
reliabilityand generation of a large quantity of renewable energy that will help meet
regional greenhouse gas emissions goals in NewEngland.Asa water-dependent
project providinga connection between offshore wind turbine generators and the
land-based electrical grid,there is no feasible alternative to the cable location within
Land Under the Ocean and the affected areas of Coastal Dune and Land Subject to
Coastal Storm Flowage.The Applicant has taken steps to select a route,design
installation and construction,and accommodate TOY restrictions to protect wetland
resources,such that impacts from the installation will be minimized and mitigated.
The wetland resource areas that will be temporarily impacted by the proposed project
are mostly already paved or otherwise developed.Use of proposed underground
installation methodologies and erosion and sedimentation controls will further
minimize impacts to resource areas.Finally,impacted areas will be restored to
existing conditions after construction.
F55. As documented in the Applicant's Natural Resources Inventory (NRI),there are no
wetlands on the parcels associated with the proposed substation or the parcel
associated with the expansion and interconnection with the electrical grid at the West
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Barnstable Substation.The Project will impact wetland resource areas along the
onshore cable installation route at the landfall site at Craigville Beach and at the
Centerville River crossing. Accordingto the Application,wetland resource areas at the
landfall and river crossing include Land Under the Ocean, Barrier Beach, Coastal
Dune, LandSubjectto CoastalStorm Flowage,LandContainingShellfish,Salt Marsh,
Coastal Bank,and Riverfront Area. The only undeveloped areas within these wetland
resource areas that the Project will temporarily disturb are a narrow strip of remnant
Coastal Dune located between the paved Craigville Beach parking lot and Craigville
Beach Road and LandSubject to Coastal Storm Flowageat the previously developed
residential property at 2 Short Beach Road,that may be used for staging construction
for the rivercrossing.The remainder of the onshore cable installation route is
proposed within existing roadwaylayoutsor utility easements. Shortsegments ofthe
route pass within the 100-foot bufferzone offreshwater wetland resource areas;
however,the installation will be within the existing roadway layout beneath or within
10 feet of pavement and BestManagement Practicessuch as erosion and sediment
controls will be Implemented to protect wetland resources.
F56.The other Wetlands Resources Objectives are not applicable or material to the Project
as the Project will not result inany changes inhydrologyor increased stormwater
discharges to wetlands and does not involve restoration of degraded wetland
resource areas.
Wildlife and Plant Habitat
F57.The Wildlife and Plant Habitat Goal of the RPP is to protect,preserve,or restore
wildlife and plant habitat to maintain the region's natural diversity.The following
Objectives are applicable and materialto the Project:to maintain existing plantand
wildlife populationsand species diversity (WPHI);to protect and preserve rare species
habitat,vernal pools,350-foot buffers to vernal pools (WPH3);to manage invasive
species (WPH4);andto promotebest management practices to protect wildlife and
plant habitatfromthe adverse impactsofdevelopment (WPH5).
F58.Consistent with WPHI,the Project minimized clearingof vegetation and alteration of
naturaltopographyto the extent feasibleand maximized the protectionof large
unfragmentedareas through substation site selection proximateto existing utility and
other development,and avoidssensitive areas as defined inthe State Wildlife Action
Pian and BioMap.
F59.Theproposedsitesare appropriateforthe Project.Thelargest parcel is already
partially developed anddegraded with invasive plant species.Thesitesare also
adjacentto existing energy andtransportation infrastructure.Wildlife and plant
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habitat around the sites is currently somewhat fragmented byexisting highway,
roads, and utility corridors.Thesites are not in Key Sitesas identified in the State
Wildlife Action Plan,or in BioMap CoreHabitator Critical Natural Landscape and do
not provideconnectionsto a larger habitat network.
F60.Theproposedonshorecable installation route passesthroughsome limited areas of
mapped BioMap Core Habitat and Critical Natural Landscape,and will requiresome
tree clearingalongthe route; however,as noted above in the Wetlands Resources
section, installation will be within existing roadway layouts and utility easements and,
provided construction Best Management Practices are followed,isnot expected to
result inanyadverse impactsto mapped resources.As noted inthe Applicant's
supplemental filing,tree impacts alongthe routeare still being investigated and need
to be coordinated withthe Town.The Applicant isconsultingwiththe Town,including
their TreeWarden,on the Projectand the Applicant commitsto fully complywith
mitigation requirementsassociated with the Town of Barnstable Tree Ordinance.Tree
removal alongthe onshore cable installation route will be minimized to the maximum
extent feasible,specimen trees along the route will be identified and protected if
possible,and replacement trees will be planted within the Town to offsettrees
removed.
F61.The Applicant prepareda Natural Resources Inventory (NRI)forthe parcelsofland
where substation and grid-interconnection-related development are proposed.The
Applicant proposes substantial clearing onthese parcels of land to build a new
substation and expand upon an existingsubstationto facilitate interconnectionwith
the electrical grid.Thelargest parcel isapproximately6.5acres and iscurrently
partially developed with an existing moteland utility infrastructure -approximately
three acres of currently undisturbed land on this parcel will be impacted withciearing
•and grading.Portions ofother parcelsproposedfor developmentthat are currently
wooded will also require clearing.Atotal of approximately6.39acres of currently
wooded land will be cleared for the proposed Project.
F62.The parcelsassociatedwith the proposed substation developmentand grid
interconnection are not mapped rare species habitat,BioMap CoreHabitator Critical
Natural Landscape,and are not withinthe floodplain.As noted above,there are no
wetlands or wetland buffers on these parcels.
F63.According to the NRI ofthe substation sites,these areas are mostly naturally
vegetated withpitchpine-oakforests withshrub understories, do not appear to
support unusualor sensitive habitats, and do notcontainwetlandsorvernalpoolsor
their buffers.
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F64.The Applicant selected the proposed substation and grid-interconnection sites for the
proposed development based on a careful review of numerous alternatives as
described in their MEPA filings.Accordingto the Applicant,these sites are critical
aspects of the overall development and were selected because they met the
Applicant's criteria including:a buildablearea ofat least five acres;suitable
surrounding land uses; suitable site topography and existingconditions;availability of
real estate;site access;suitable buffering from residential areas;and reasonable
proximity to the WestBarnstableSubstation.While there are wildlife and plant habitat
concerns on the proposed sites due to the clearing and grading proposed,
alternatives considered and described in the Applicant's MEPA filings also had similar
and additional environmental constraints.
F65.The Projectisconsistent with the rare species methods of WPH3 as the Project will
largely avoidrare species habitat and avoidor minimize impactswhere portions of
the Projectoverlapwith rare species habitat. Asmallportion ofthe Projectislocated
within the 350-foot buffer to a NHESP-certified vernal pool. The Applicant has
designed the Projectsuch that itcouldbe protectiveofthe vernal poolbufferwith
appropriate conditions.
F66. As described in the Ocean Resources section,while portions of the offshore export
cable route and offshore-onshore transition are located within areas NHESP has
mapped as rare species habitat,the use of HDD to install the cable at the offshore-
onshore transition,observance of TOY restrictions,and adherence to an NHESP-
approved Piping Plover Protection Plan will avoid impacts to state-listed plovers and
terns In the onshore and nearshore environments to the maximum extent feasible.
The Applicant Included documentationfrom NHESP Indicating the Project will not
result In a "take"of rare species. Providedconditions outlined in NHESP's
determination are followed,the Project complies with the rare species provisions of
WPH3.
F67.ROW 345,where the preferred interconnection between the proposed substation and
the existingWestBarnstableSubstation isplanned, passes through.a 350-footbuffer
to a NHESP-certified vernal pool.Proposed workwithin the existing ROW and vernal
pool buffer includes construction ofa portion ofthe onshore buried cable ductbank
system via open trenching with equipmentsuchas excavators and backhoes - the top
ofthe trench maybe up to 9to 11 feet wide.Installation ofduct bankwithinthe utility
ROW will require clearing and grading within a corridor wide enough to accommodate
excavation and stockpilingof soils, and to provide space for construction equipment
access alongthe workzone.Onshore constructionisexpectedto proceed at an
average rate of approximateiy 80to 200feet per day.Open-trench work areas will be
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keptto a minimum,and anyopen trench will be covered with heavy steel platesat the
end ofeach day,and excavationand installation ofthe duct bankwould be followed
by restoration to match existing conditions.
F68.Per WPH3,where a projectsite islocated adjacent to a vernal pool,development must
be located outside of a 350-foot undisturbed buffer around these resources to
protect boththe pool habitatas well asthe important upland habitataround them.
The ROW isalready disturbed with existing utility infrastructure,a gravel maintenance
road,and periodic vegetation maintenance and may othen/vise be an appropriate
route for the proposed cable installation.
F69.The Applicant submitteda memorandum dated October 17,2022 with supplemental
information regardingthe vernal pool.The memorandum providesadditional
information on the vernal pool and its surroundings,as wellas how the proposed
work will be protectiveofthe vernal pool buffer.Toavoidand minimize impacts to the
vernal pool buffer,the Applicant proposes to locatethe transmission lineas farfrom
the vernal pooland as closeto the northern edge ofthe ROW as possible.According
to the Applicant,workinthe buffer will be short-term and temporary with
construction anticipated to move at a fast pace through the area and backfilling and
restoration of the area to its preexisting condition.
F70.Consistent with WPH4,the Applicant will implement an invasive species management
plan.
F71.Invasive plantspecies,including Japanese knotweed,autumn olive,multiflora rose,
and Asian bittersweet,were documented along the southern perimeter of the
developed portionofthe 8 Shootflying Hill parcel inthe vicinity ofthe leaching field
for the motel's on-site septic system. Asnoted in the Applicant's supplemental filing,
because the invasive plants are located withinthe footprint of the proposed
substation,these will be removed as a result of the development.
F72.The Applicant proposes to install perimeter constructionfencingand erosion controls
at the substation sites before initiation of construction activities that should help to
protect wildlife and plant habitat locatedoutsidethe constructionenvelope consistent
with the methods to evidence compliance with Objective WPH5.
Open Space
F73.The Open Space Goal ofthe RPP isto conserve, preserve, or enhance a networkof
open space that contributes to the region'snatural and communityresources and
systems. The following Objectives are applicableand materialto the Project:to
protect and preserve natural, cultural,and recreational resources (0S1);to maintain
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