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Elements of a Conditional Use Permit, Cont.
Socioeconomic impacts
The local economic benefit of wind power can be one of the strongest arguments in favor of wind development, particularly for projects where local investment or ownership delivers a greater share of profits directly back to the local community. The process of developing construction plans and cash-flow models will yield some estimates of local economic benefits, including number of construction and long-term jobs, business for local contractors, local tax revenues, etc. It may also be helpful to refer to the known economic impacts of existing local projects (commercial-scale or community-scale) and publications discussing economic benefits of wind energy. Two useful documents which discuss the economic impacts of wind development are “A Methodology for Assessing the Economic Development Impacts of Wind Power,” prepared by the National Wind Coordinating Committee, and “A Guidebook For Estimating the Local Economic Benefits of Small Wind Power Projects for Rural Counties In Washington State,” prepared by ECONorthwest.
Transportation impacts
The primary period of impact to local transportation resources is the relatively short construction phase of a wind project, when large turbine and tower components and installation equipment and vehicles travel to and around the project area. Local permitting authorities may request an estimate of expected vehicle trips per day during construction and O&M phases of the project. They may also request information about how and where large project components will be delivered. An agreement with the county roadmaster will be needed to have an approved routing for the heavy and large deliveries, to assess road and bridge capacity for the loads, to provide for any necessary upgrading, to document condition before the transport, and to restore public roads to their prior condition after construction is completed.
Impacts on other resource uses (e.g. farming, forests)
The amount of land taken out of production for each wind turbine—including that for roads, trenches for cables, transformers, and accessory structures—is minimal compared to other types of energy facilities. A general rule is that around one-quarter to one-half acre of land will be taken out of production for each turbine—this area will of course vary by project design and site characteristics. Clearly explain to local permitting officials how much resource land will be temporarily and permanently disturbed. Also make clear your plans for effectively restoring land temporarily disturbed during construction so that it may be used for renewed resource activities in the future. In addition, the land-lease agreement signed with each landowner may stipulate an additional payment to be made to the landowner to compensate for the loss of productive agricultural land.
Wildlife/habitat impacts
The impact on birds and other wildlife is one of the most common concerns raised about wind energy projects. Pre-development studies and the siting decisions made based on these studies can help avoid significant wildlife impacts by indicating locations within the proposed site that would likely have more or less impact on birds or other wildlife.
To find out whether threatened and endangered species or critical habitats are present on or near the project site, consult with your Department of Fish and Wildlife (DFW) field office. If extensive pre-development wildlife studies are required for your site, your wildlife consultant may work with DFW staff directly. If long-term wildlife surveys are not required—for example, for a single-turbine project on a previously disturbed site with no known sensitive habitats or species—a review of DFW databases or a site visit by an DFW biologist may yield sufficient information about on-site wildlife resources to apply for local permits. DFW staff can also work with local planning officials to help determine prevention or mitigation strategies to protect wildlife while allowing project development to go forward.
Local authorities may also recommend some project design options and construction practices that can help prevent and mitigate wildlife impacts, including:
- designing project components to discourage avian perching or nesting near turbines (e.g. using best available turbine and tower technology; minimizing overhead lines and guy wires; installing anti-perching devices on structures constructed near turbines)
- designing towers and other project infrastructure to avoid creation of artificial habitat or shelter for raptor prey
- when possible, siting turbines and roads to preserve existing trees, vegetation, water resources, habitat, and other significant natural resources
- when pre-development studies indicate nesting activity in the area, avoiding construction activities near nesting locations during sensitive breeding periods and establishing appropriate no-construction zones around nest sites
Remember, disturbing sensitive or protected species or removing empty nests (except in cooperation with DFW) is illegal. Consult early with DFW to avoid inadvertently harming sensitive species or habitats.
Finally, because the image that wind turbines are unavoidable hazards for birds is a very common misperception, it may be worthwhile to do some basic outreach and education throughout project development, both for local planning officials and for the general public. A good place to start is the AWEA FAQ on birds and other environmental issues around wind power (http://www.awea.org/faq/tutorial/wwt_environment.html). Compared to many other human activities—including extracting and burning fossil fuels, constructing tall buildings, and even driving—most wind projects have a negligible effect on birds and wildlife.
Conducting the necessary research on local habitats and species, and designing the project to avoid significant impacts to these habitats and species, will ensure that your community wind project maximizes the considerable environmental benefits of wind power while minimizing any negative impacts on wildlife.
Wetlands impacts
It is unlikely that a wind project would affect wetlands because wetlands tend to form in low-lying areas and the wind resource tends to be better on higher ridges or buttes. Unless water drainage patterns that lead to a wetland are significantly altered by the construction of a wind project, any impact to wetlands would be unlikely. Consultants hired for wildlife surveys or DFW staff can help project developers determine whether any wetlands exist that might be affected by the wind project.
Public safety/prevention and mitigation of criminal activity
While fencing off the entire site to restrict access may not be necessary, restricting public access to the turbine itself and other site facilities will likely be required. Tubular towers are usually designed with no exterior ladders, or with a ladder that begins well above ground level. Access to the interior of a tubular tower can be restricted with a locking door. In the event that a lattice tower is used, it should be designed to discourage climbing for the first twelve feet. Restricting access to the wind project site, when required, is intended to help prevent the wind project from becoming an “attractive nuisance” or something that attracts undesirable activity such as vandalism, trash dumping, arson, etc.
Local authorities will likely seek assurance that all electrical equipment and power lines associated with the project are properly labeled with standard warning signs, and are designed per industry standards to prevent unauthorized access.
“Covenant Not to Sue” for generally accepted farming practices
Some local permitting authorities may request that wind project developers sign a “Covenant Not to Sue” or similar assurance to permit existing farming or forestry activities to continue as before in the areas surrounding the wind project. The impetus for such a requirement may be the fact that increasing residential development in rural areas has at times caused conflict between existing agricultural operations and new residents. Complaints from wind farm operators about nearby farming activity are unlikely as agricultural activities have, in hundreds of projects across the country, proven to be very compatible with wind energy projects.
Fire prevention/emergency response plan
Local permitting officials may require that you prepare a plan detailing the procedures to be employed by project personnel for preventing, controlling, and mitigating fire or other emergencies that occur at the project site. This plan is of particular importance during the construction phase. During normal wind project operations, the risk of fire or turbine malfunction is low. Modern utility-scale turbines are equipped with sophisticated lightning protection systems. They also employ automatic braking systems to stop the turbine in the event of malfunction. Describe for local permitting authorities the specific safety features of the planned turbine, and develop a maintenance plan that will ensure that such safety features operate properly.
Erosion control plan
The erosion control plan will be part of the National Pollutant Discharge Elimination System (NPDES) permit, which will be required either before or after the Conditional Use Permit. Permitting authorities will want to know whether any construction will take place on steep slopes or other areas prone to erosion. They may also ask that new roads be covered in gravel to avoid wind erosion of dirt roads, and that an erosion control plan be implemented to minimize erosion and sediment runoff from roads or other construction areas. It may be necessary to obtain a separate road permit for new road construction. One way to minimize the impact of road construction is to use existing roads rather than building new ones when possible. Promptly revegetating areas temporarily disturbed by construction will also help minimize erosion. A permit from the county roadmaster will be required if any work needs to be done on public roads.
Weed control plan
Invasive weed species can be carried to a wind project site on construction vehicles and equipment, and can pose a hazard to local ecosystems and farming operations. Some local permitting authorities may require that a plan be developed and implemented to prevent the introduction of invasive weeds to the area, including thoroughly cleaning the undercarriage and tires of all construction vehicles, cleaning dirt and organic matter from excavation equipment, etc.
Decommissioning plan
It is important for a local community to know that, at the end of a wind project’s useful life span, project components will be removed and the site restored to a usable condition. Some local authorities may require that project developers provide a bond or letter of credit to the county in the amount necessary to properly decommission the turbine.
Reporting
Some local authorities have required wind projects to prepare an annual report of energy production, non-proprietary wind information, summary of changes, summary of avian monitoring program, employment impacts, success/failure of weed control, status of decommissioning fund, and/or summary comments.
