Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Applicant.
An applicant for a site permit must provide the following
background information regarding the applicant:
A. a letter of transmittal signed by an
authorized representative or agent of the applicant;
B. the complete name, address, and telephone
number of the applicant and any authorized representative;
C. the signature of the preparer of the
application if prepared by an agent or consultant of the applicant;
D. the role of the permit applicant in the
construction and operation of the LWECS;
E. the identity of any other LWECS located in
Minnesota in which the applicant, or a principal of the applicant, has an
ownership or other financial interest;
F. the operator of the LWECS if different
from the applicant; and
G. the name
of the person or persons to be the permittees if a site permit is
issued.
Subp. 2.
Certificate of need or other commitment.
A. The applicant shall state in the
application whether a certificate of need for the system is required from the
commission and, if so, the anticipated schedule for obtaining the certificate
of need. The commission shall not issue a site permit for an LWECS for which a
certificate of need is required until the applicant obtains the certificate,
although the commission may process the application while the certificate of
need request is pending before the commission.
B. The commission may determine if a
certificate of need is required for a particular LWECS for which the commission
has received a site permit application.
C. If a certificate of need is not required
from the commission, the applicant shall include with the application a
discussion of what the applicant intends to do with the power that is
generated. If the applicant has a power purchase agreement or some other
enforceable mechanism for sale of the power to be generated by the LWECS, the
applicant shall, upon the request of the commission, provide the commission
with a copy of the document.
Subp.
3.
State policy.
The applicant shall describe in the application how the
proposed LWECS project furthers state policy to site such projects in an
orderly manner compatible with environmental preservation, sustainable
development, and the efficient use of resources.
Subp. 4.
Proposed site.
The applicant shall include the following information about the
site proposed for the LWECS and any associated facilities:
A. the boundaries of the site proposed for
the LWECS, which must be delineated on a United States Geological Survey Map or
other map as appropriate;
B. the
following characteristics of the wind at the proposed site:
(1) interannual variation;
(2) seasonal variation;
(3) diurnal conditions;
(4) atmospheric stability, to the extent
available;
(5) turbulence, to the
extent available;
(6) extreme
conditions;
(7) speed frequency
distribution;
(8) variation with
height;
(9) spatial variations;
and
(10) wind rose, in eight or
more directions;
C.
other meteorological conditions at the proposed site, including the
temperature, rainfall, snowfall, and extreme weather conditions; and
D. the location of other wind turbines in the
general area of the proposed LWECS.
Subp. 5.
Wind rights.
The applicant shall include in the application information
describing the applicant's wind rights within the boundaries of the proposed
site.
Subp. 6.
Design
of project.
The applicant shall provide the following information regarding
the design of the proposed project:
A.
a project layout, including a map showing a proposed array spacing of the
turbines;
B. a description of the
turbines and towers and other equipment to be used in the project, including
the name of the manufacturers of the equipment;
C. a description of the LWECS electrical
system, including transformers at both low voltage and medium voltage;
and
D. a description and location
of associated facilities.
Subp.
7.
Environmental impacts.
An applicant for a site permit shall include with the
application an analysis of the potential impacts of the project, proposed
mitigative measures, and any adverse environmental effects that cannot be
avoided, in the following areas:
A.
demographics, including people, homes, and businesses;
B. noise;
C. visual impacts;
D. public services and
infrastructure;
E. cultural and
archaeological impacts;
F.
recreational resources;
G. public
health and safety, including air traffic, electromagnetic fields, and security
and traffic;
H. hazardous
materials;
I. land-based economics,
including agriculture, forestry, and mining;
J. tourism and community benefits;
K. topography;
L. soils;
M. geologic and groundwater
resources;
N. surface water and
floodplain resources;
O.
wetlands;
P. vegetation;
Q. wildlife; and
R. rare and unique natural resources.
The analysis of the environmental impacts required by this
subpart satisfies the environmental review requirements of chapter 4410, parts
7849.1000 to
7849.2100, and Minnesota Statutes,
chapter 116D. No environmental assessment worksheet or environmental impact
statement shall be required on a proposed LWECS project.
Subp. 8.
Construction of
project.
The applicant shall describe the manner in which the project,
including associated facilities, will be constructed.
Subp. 9.
Operation of project.
The applicant shall describe how the project will be operated
and maintained after construction, including a maintenance schedule.
Subp. 10.
Costs.
The applicant shall describe the estimated costs of design and
construction of the project and the expected operating costs.
Subp. 11.
Schedule.
The applicant shall include an anticipated schedule for
completion of the project, including the time periods for land acquisition,
obtaining a site permit, obtaining financing, procuring equipment, and
completing construction. The applicant shall identify the expected date of
commercial operation.
Subp.
12.
Energy projections.
The applicant shall identify the energy expected to be
generated by the project.
Subp.
13.
Decommissioning and restoration.
The applicant shall include the following information regarding
decommissioning of the project and restoring the site:
A. the anticipated life of the
project;
B. the estimated
decommissioning costs in current dollars;
C. the method and schedule for updating the
costs of decommissioning and restoration;
D. the method of ensuring that funds will be
available for decommissioning and restoration; and
E. the anticipated manner in which the
project will be decommissioned and the site restored.
Subp. 14.
Identification of other
permits.
The applicant shall include in the application a list of all
known federal, state, and local agencies or authorities, and titles of the
permits they issue that are required for the proposed LWECS.
Statutory Authority: MS s 116C.695;
216F.05
