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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; NewEnglandWind1 Connector,CCC No.22005 DRI Decision j May 2023 1 of 29 • 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. New England Wind 1 Connector,CCC No. 22005 DRI Decision j May 2023 2 of 29 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. New EnglandWind 1 Connector,CCC No.22005 DRI Decision | May 2023 3 of 29 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. New England Wind 1 Connector,CCC No.22005 DRI Decision j May 2023 4 of 29 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. New EnglandWind1 Connector,CCC No.22005 DRI Decision j May 2023 5 of 29 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. New England Wind 1 Connector,CCC No. 22005 DRI Decision j May 2023 6 of 29 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 New England Wind1 Connector,CCC No.22005 DRI Decision | May2023 7 of 29 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 New England Wind 1 Connector,CCC No.22005 DRI Decision j May2023 8 of 29 (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 NewEnglandWind1 Connector,CCC No.22005 DRI Decision j May 2023 9 of 29 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. New England Wind 1 Connector,CCC No. 22005 DRI Decision | May 2023 10 of 29 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 NewEnglandWind1 Connector,CCC No.22005 DRI Decision | May 2023 11 of 29 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 New England Wind 1 Connector,CCC No.22005 DRI Decision | May 2023 12 of 29 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 NewEnglandWind 1 Connector,CCC No.22005 DRI Decision | May 2023 13 of 29 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. New England Wind 1 Connector,CCC No.22005 DRI Decision j May2023 14 of 29 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 NewEnglandWind1 Connector,CCC No.22005 DRI Decision j May 2023 15 of 29 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 New England Wind 1 Connector,CCC No.22005 DRI Decision j May 2023 16 of 29