Petition No 983 BNEColebrook

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Far below normal precipitation has caused a drought and increased fire danger levels. All of Connecticut is currently in a Stage 2 Drought Advisory. Residents are encouraged to be mindful of water consumption and use extra caution to prevent fires. An emergency burn ban remains in effect at all state parks, forests, and wildlife management areas, prohibiting the use of all outdoor grills, firepits, campfires, etc.

PETITION NO. 983 - BNE Energy, Inc. petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the construction, maintenance, and operation of a 4.8 MW Wind Renewable Generating facility located on Flagg Hill Road, Colebrook, Connecticut.

Service List 08/20/18
Service List 08/30/18
Service List 01/30/20
Service List 02/24/20
Service List 03/04/20
Service List, 09/15/21

Decision

Findings of Fact

Dissenting Opinion

Dissenting Opinion-Errata Sheet

Conclusions of Law

Conclusions of Law-Errata Sheet

Decision and Order

Petition Filing 12/06/10

Volume I (Exhibits A-E)

Volume II (Exhibit F) (Exhibit G) (Exhibit H)

Volume III (Exhibit I) (Exhibit J) (Exhibit K-M)

Schedule 01/20/11 - corrected

Revised Schedule

Hearing Notice for Petition Nos. 983 and 984

Field Review Notice and Directions for Petition Nos. 983 and 984

Correspondence

Memorandum Re Colin Tait's Status as Norfolk Inland Wetlands Chairman

Attorney Tinley Letter to CSC 03/22/11

Chairman Caruso Response 03/24/11

Chairman Stein Participation Memo, dated 04/27/11

FairwindCT Objection to Stein Participation, dated 4/29/11

BNE Reply to FairwindCT Objection to Stein Participation, dated May 5, 2011

BNE Objection to Tait Participation, dated May 5, 2011

BNE Clarification re Tait Participation, dated May 6, 2011

FairwindCT Reply to BNE Clarification re Tait Participation, dated May 6, 2011

CSC Memo RE Daniel P. Lynch, Jr. Recusal, dated May 19, 2011

Appearance Removal, 08/23/18
The Nature Conservancy, Inc. Application to Intervene under CEPA, § 22a-19, §
4-177a and § 16-50n and Motion to Open Proceedings, 2/24/2020
Council Response to The Nature Conservancy, Inc. Application to Intervene and Motion to Open Proceedings, 02/27/2020
Request for Party Status and Notice of CEPA Intervention by Julia and Jonathan Gold, 03/04/20
Council Response to Julia and Jonathan Gold Request for Party Status and Notice of CEPA Intervention, 03/06/20
Request for Party Status and Notice of CEPA Intervention by Grant Swamp Group (GSG), 03/04/20
Council Response to GSG Request for Party Status and Notice Of CEPA Intervention, 03/06/20

State Agency Comments

Department of Environmental Protection Comments 04/06/11

CSC Request for Additional State Agency Comments, dated 04/27/11

DOT Comments, dated March 23, 2011

SHPO Comments, dated May 19, 2011

Transcripts

Transcript Receipt 04/02/11

Transcript Receipt 04/25/11

Transcript Receipt 05/03/11

Transcript Receipt 05/06/11

Town Comments

Letter to Colebrook and Norfolk

Letter to Winsted

Town of Colebrook Planning and Zoning Comment 12/20/10

Town of Colebrook Board of Selectmen Comment

Town of Colebrook Conservation Commission Comment

Parties and Intervenors Correspondence

Robin L. Hirtle Request for Party Status 12/11/10

BNE Objection to Hirtle Request 01/06/11

CSC Acknowledgement of Hirtle Request for Status 12/14/10

Hirtle Notice of CEPA Intervention as a Party 3/4/11

Town of Colebrook Request for Status 01/03/11

Stella and Michael Somers Request for Party Status 01/04/11

BNE Objection to Stella and Michael Somers Request for Party Status 01/05/11

Stella and Michael Somers Party Status Granted 02/10/11

Stella and Michael Somers Notice of CEPA Intervention as a Party 02/24/11

FairwindCT, Inc. Request for Party Status 01/11/11

FairwindCT, Inc. Notice of CEPA Intervention as a Party 02/24/11

Mow Party Request 01/11/11

Mow Party Status Granted 02/10/11

Mow Notice of Appearance 3/04/11

The Connecticut Light and Power Request for Status 01/10/11

Lawrence and Lemelin Request

Walter M. Zima Notice of CEPA Intervention as a Party 03/04/11

Eva Villanova Party Request 03/10/11

Brady Grant Party Request 03/14/11

BNE Appearance Update, dated May 6, 2011
FairWindCT Inc. Service List Change, 1/30/20

Town of Colebrook Service List Change, 2/21/20

FairwindCT Service List Change, 03/04/20
Hirtle Service List Change Request, 09/15/21

Limited Appearance Statements

Honorable Vickie Nardello, Honorable Joan Hartley, Honorable Kevin Witkos &
Honorable John Rigby, 01/11/11

BNE Response to State Officials letter 01/20/11

CSC Response Letters

Interrogatories

CSC Interrogatories to BNE 01/28/11

BNE's Amended Responses to CSC Interrogatories 02/24/11

BNE Interrogatories to FairwindCT 02/01/11

FairwindCT Responses to BNE Interrogatories 02/11/11

FairwindCT's Interrogatories to BNE 02/23/11

BNE's Responses to FairwindCT Interrogatories, Set One 03/15/11

FairwindCT's Interrogatories to BNE, Set Two, 03/08/2011

BNE's Responses to FairwindCT Interrogatories, Set Two 03/15/11

FairwindCT's Interrogatories to BNE, Set Three, 03/30/11

BNE's Responses to FairwindCT Interrogatories, Set Three 04/07/11

FairwindCT's Interrogatories to CL&P 02/18/11

CL&P's Responses to FairwindCT 03/15/11

Hirtle's Interrogatories to BNE 03/03/11

BNE's Responses to Hirtle Interrogatories 03/15/11

Zima Interrogatories to BNE 03/07/11

BNE's Responses to Zima Interrogatories 03/15/11

Mow Interrogatories to BNE 03/07/11

BNE's Responses to Mow Interrogatories, 03/15/11

Town of Colebrook Interrogatories to BNE 03/07/11

BNE's Responses to Colebrook Interrogatories 03/15/11

Town of Colebrook Interrogatories to BNE, Set Two, 04/06/11

BNE Filings

BNE's Witness List and Exhibit List 03/15/11

BNE's Request for Administrative Notice 03/15/11

Pre-Filed Testimony of Paul Corey 03/15/11

Pre-Filed Testimony of Michael Libertine 03/15/11

Exh. 1 (Resume) Exh. 2 (Supplemental Visual Report) Exh. 3 (Supplemental Flicker Analysis)

Pre-Filed Testimony of Matthew Davison 03/15/11

Pre-Filed Testimony of Thomas Wholley 03/15/11

Pre-Filed Testimony of David Tidhar 03/15/11

Pre-Filed Testimony of Melvin Cline 03/15/11

Exh. 1 (Rev. Site Plan Part 1 of 2) Exh. 2 (Part 2 of 2) Exh. 2(Stormwater Mgmt. Plan) Exh. 3 (E&S Control Plan)

Pre-Filed Testimony of Joel Rinebold 03/15/11

Pre-Filed Testimony of Pierre Heraud 03/15/11

Pre-Filed Testimony of Douglas Roy 03/15/11

Pre-Filed Testimony of Michael Klemens 03/15/11

Motion for Protective Order and to File Under Seal 03/15/11

Objection to Mow Intervention 03/16/11

Objection to Grant Intervention 03/16/11

Objection to Villanova Intervention 03/16/11

Objection to Zima Intervention 03/16/11

Objection to Hirtle Intervention 03/16/11

Objection to FairwindCT Motion for Council to Issue Subpoena 04/07/11

Objection to Witness List - Hirtle 04/07/11

Objection to FairwindCT, Inc.'s Motion for Mistrial or in the Alternative for Continuance, Reconsideration and to Alter Schedule 04/08/11

BNE Late File Exhibit, dated May 5, 2011

Motion to Strike Pre-Filed Testimony of Chalder, dated May 10, 2011

FairwindCT, Inc., Stella and Michael Somers, and Susan Wagner Filings

FairwindCT's, Somers', and Wagner's Witness and Exhibit List dated February 25, 2011

FairwindCT's, Somers', and Wagner's Request for Admin Notice date February 25, 2011

FairwindCT/Wagner/Somers Request for Administrative Notice Items

FairwindCT Witness and Exhibit List

Pre-Filed Testimony of Stella Somers

Pre-Filed Testimony of Susan Wagner

Pre-Filed Testimony of Joyce Hemingson

Pre-Filed Testimony of Gerry Meyer

Pre-Filed Testimony of Arline Bronzaft

Pre-Filed Testimony of Wilson Faude

Pre-Filed Testimony of Charter Oak Environmental

Pre-Filed Testimony of David Pressman

Objection to Hearing Procedure and Motion to Consolidate Evidentiary Hearing

Susan Wagner's Request for Party Status and Notice of CEPA Intervention as a Party 03/12/11

Pre-Filed Testimony of Noise Control Engineering, Inc.

Pre-filed Testimony of William T. Carboni

Pre-Filed Testimony of Michael S. Klein
Pre-Filed Testimony of D. Scott Reynolds, Ph.D.

Pre-Filed Testimony of Eric Davison

Motion for Protective Order and to File Under Seal with Affidavit of Emily A. Gianquinto in support of Protective Order

FairwindCT, Inc.'s Motion for Mistrial or in the Alternative for Continuance, Reconsideration and to Alter Schedule 03/29/11

Zima/Grant Election not to be Members of a Group 04/04/11

Supplemental Pre-Filed Testimony of Noise Control Engineer Michael Bahtiarian 04/04/11

Fairwind/Wagner/Somer Revised Witness and Exhibit List 04/07/11

Pre-filed Chalder 04/07/11

Supplemental Pre-Filed Testimony of Glen Chalder, dated May 6, 2011

FairwindCT Objection to Motion to Strike Pre-Filed Testimony of Chalder, dated 05/10/11

FairwindCT Late Filed Request for Administrative Notice, dated May 16, 2011

Zima Filings

Pre-filed Testimony 03/15/11

Grant/Zima Request to Add Evidence 03/20/11

Wind Farms, Residential Property Values, and Rubber Rulers by Albert Wilson

Grant Filings

Pre-filed Testimony 03/15/11

Grant/Zima Request to Add Evidence 03/20/11

Wind Farms, Residential Property Values, and Rubber Rulers by Albert Wilson

Hirtle/Mow Filings

Administrative Notice List 03/14/11

Pre-Filed Testimony of Hirtle 03/14/11

Pre-Filed Testimony of Mow 03/14/11

Support of Motion to Consolidate Hearings 03/16/11

Objection to Modify Pre-File Deadlines 03/16/11

Mow Notice of CEPA Invention as a Party 03/03/11 Cover Letter 03/03/11

Request not to be Grouped 03/28/11

Request Schedule Change 04/09/11

Lawrence Filings

Pre-Filed Testimony of Dr. David Lawrence

Motions, Briefs, Draft Findings of Fact

Request to Consolidate Evidentiary Hearings for PE980, 983, 984 01/31/11

BNE Objection to Request to Consolidate Evidentiary Hearings 02/02/11

Hirtle in Support on Partial Consolidation 02/02/11

CSC Decision on Motion to Consolidate and Continued Hearing Dates 02/14/11

Grant/Zima Objection to Striking Information Regarding Setback and Objection to BNE's Motion to Suppress Recommendations based on Propietary Information 03/20/11

Grant/Zima Request to Add Evidence 03/20/11

BNE's Objection to Motion to Consolidate 03/22/11

BNE's Objection to FairwindCT Motion for Protective Order and Motion to Strike Testimony 03/22/11

BNE's Objection to Motion to Allow GE Setbacks 03/22/11

Town of Colebrook's Objection to Motion for Protective Order 03/22/11

FairwindCT/Wagner/Somers Objection to Motion for Protective Order as it Relates to Mechanical Loads Assessment and Noise Emission Characteristics 03/22/11

FairwindCT/Wagner/Somers Objection to Motion for Protective Order as it Relates to BNE Wind Data 03/22/11

FairwindCT/Wagner/Somers Objection to Motion for Protective Order as it Relates to GE Setback Recommendations 03/22/11

FairwindCT/Wagner/Somers Motion to Strike Certain Evidence from the Record 03/23/11

FairwindCT/Wagner/Somers Request for Supplemental Administrative Notice 03/28/11

FairwindCT/Wagner/Somers Motion for Council to Issue Subpoena 03/29/11

FairwindCT, Inc.'s Motion for Mistrial or in the Alternative for Continuance, Reconsideration and to Alter Schedule 03/29/11

BNE's Objection to Motion for Mistrial or in the Alternative for Continuance, Reconsideration and to Alter Schedule 04/08/11

CSC Rulings on Motions at March 23, 2011, evidentiary hearing, dated 04/01/11

BNE Motion to Strike Testimony - Hemingson 04/07/11

BNE Motion to Strike Testimony - Bronzaft 04/07/11

BNE Motion to Strike Testimony - Faude 04/07/11

BNE Motion to Strike Testimony - Pressman 04/07/11

FairwindCT/Wagner/Somers Objection to Motion to Strike Pre-Filed Testimony - Pressman 04/11/11

BNE Motion to Strike Testimony - Somers 04/07/11

FairwindCT/Wagner/Somers Objection to Motion to Strike Pre-Filed Testimony - Somers 04/11/11

FairwindCT/Wagner/Somers Motion to Strike Certain Pre-Filed Testimony - Rinebold 04/11/11

FairwindCT/Wagner/Somers Motion to Compel Interrogatory Responses, or in Alternative to Strike 04/11/11

FairwindCT/Wagner/Somers Objection to Motion to Strike Pre-Filed Testimony - Faude 04/11/11

CSC Rulings on Motions at April 14, 2011, Evidentiary hearing, dated April 19, 2011

CSC Ruling on Motions and other related matters at April 26, 2011, Evidentiary Hearing, dated April 26, 2011

Lawrence/Lemelin Post Hearing Brief, dated May 18, 2011

CSC Draft Findings of Fact, dated May 19, 2011

Town of Colebrook's Post Hearing Brief and Proposed Findings of Fact, dated May 20, 2011

Hirtle/Mow Proposed Findings of Fact, dated May 20, 2011

FairwindCT Proposed Findings of Fact, dated May 20, 2011

BNE Proposed Findings of Fact, dated May 20, 2011

BNE Post Hearing Brief, dated May 20, 2011

BNE Motion to Strike GE Setback Information, dated May 24, 2011

Development and Management Plan, received September 16, 2011

Set of Plans - Part One - Cover Sheet and Drawing Nos. C001 to C302

Set of Plans - Part Two - Drawing Nos. C303 to C503

Set of Plans - Part Three - Drawing Nos. C504 to E201

Foundation Drawings

Geotechnical Report

Geotechnical Report Exploration Location Plan

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 1 - Part 1

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 1 - Part 2

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 1 - Part 3

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 1 - Part 4

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 1 - Drawings

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 2 - Part 1

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 2 - Part 2

Stormwater Management Plan with Stormwater Pollution Prevention Plan - Volume 2 - Part 2

Erosion and Sedimentation Control Plan

Report on Need for Town Infrastructure Improvements

Decommissioning Plan

Ice Management Safety Plan

Conservation Plan

Post-construction Noise Monitoring Program

Summary of Ongoing Field Studies and Reporting for Pre-construction Wildlife Surveys

Study Plan for Post-construction Fatality Monitoring and Bat Acoustic Monitoring

D&M Plan Interrogatories

Set One of Council Interrogatories to BNE, dated October 11, 2011

BNE's Response to Council Interrogatories, Set One, dated October 14, 2011

Set Two of Council Interrogatories to BNE, dated October 21, 2011

BNE's Response to Council Interrogatories, Set Two, dated October 28, 2011

Set Three of Council Interrogatories to BNE, dated October 25, 2011

BNE's Response to Council Interrogatories, Set Three, dated November 1, 2011

Other BNE Filings

BNE Filing Re: Dr. Michael Klemens as Environmental Inspector, dated October 19, 2011

BNE Submittal of Existing Road Condition Study, 12/1/11

BNE Notification of Escrow to the Town of Colebrook and Commencement of Construction, 12/2/11

Comments on D&M Plan

Town of Colebrook's Comments dated October 19, 2011

Correspondence from the Town of Colebrook, 11/16/11

Comments from FairwindCT, Inc., et al., 11/16/11

BNE Response to FairwindCT, Inc., et al, 11/17/11

Letter from Reid & Riege re Site Clearing, 11/23/11

BNE Response to Reid & Riege re Site Clearing, 11/28/11

D&M Plan Decision

Council Decision Re: Site Clearing and Environmental Inspector, dated October 21, 2011

Council Decision on D&M Plan, dated November 22, 2011

BNE Submittal of Ice Safety/Mitigation Fence Delineation and Locations and Examples of Warning Signs, 12/22/11

Richard Ronzoy's Comments on BNE's Submission, 1/10/12

BNE's Clarification of Ice Safety Plan, 1/13/12

Council Decision on BNE's Ice Safety/Mitigation Fence Delineation and Locations and Locations of Warning Signs, 1/17/12

BNE Request for Extension to Submit the Conservation Easement, 02/21/12

Council Approval of BNE's Request for Extension to Submit the Conservation Easement, 3/2/12

BNE Additional Request for an Extension to Submit the Conservation Easement, 03/15/12

Council Approval of Extension Request, 03/30/12

BNE Submittal of Conservation Easement, 03/30/12

Council Approval of Conservation Easement, 04/09/12

D&M Plan Revision, 11/02/12
Cover Letter, 11/02/12
Revised Stormwater Management Plan with Stormwater Pollution Prevention Plan (SMP-SPP) Volume 1:
SMP-SPP - Volume 1 - Part 1 SMP-SPP - Volume 1 - Part 2 SMP-SPP - Volume 1 - Part 3 SMP-SPP - Volume 1 - Part 4
Revised Stormwater Management Plan with Stormwater Pollution Prevention Plan (SMP-SPP) Volume 2
Revised Erosion and Sediment Control Plan
Revised Maps and Drawings
Council Request for Extension on D&M Plan Revision, 12/14/12

BNE's Granting of Council's Request, 12/19/12

Council Interrogatories to BNE on D&M Revision, 12/4/12

BNE Responses to Council Interrogatories, 1/22/13

Council Decision on D&M submitted on 11/2/12, dated February 13, 2013

Letter from Linda Roberts to BNE re Revised D&M Plan Conditions, 3/25/13

Request to Modify D&M, 11/5/13

Modification Filing, 11/5/13

Objection to Partial Sealing of BNE Energy Inc.'s Development and Management Plan Modification 12/03/13

Objection to BNE Energy Inc.'s Development and Management Plan Modification 12/04/13

BNE Response to Objection 12/05/13

FairwindCT Response to BNE filings 12/06/13

CSC Approval of D&M Plan Modification and Rulings on Objections 12/17/13

D&M Plan Modifications Cover Letter, 01/09/20

Exhibit A - Enercon Turbine Product Portfolio - E-138 EP3

Exhibit B - Redacted Option Agreement 03/01/19

Exhibit C - Redacted Purchase Option Agreement, 03/25/19

Exhibit D- Revised D&M Project Plans

Exhibit E - Stormwater Management Plan with Stormwater Pollution Prevention Plan, Addendum #1, December 2019

Exhibit F - GE Renewable Energy Setback Considerations for Wind Turbine Siting

Exhibit G - Enercon Technology for Sites at Risk of Ice Formation
Council Interrogatories on D&M Plan Modification, 01/24/20
BNE Request for Extension to Respond to D&M Plan Modification Interrogatories, 02/12/2020
Council Decision on Request for Extension to Respond to Interrogatories and Council Request for Extension to Render a Decision on the D&M Plan Modification, 02/13/2020
BNE Response to the Council's Request for Extension to Render a Decision on D&M Plan Modification, 02/13/2020
BNE Responses to Council D&M Plan Modification Interrogatories, 02/21/20
BNE Corrected Response to Council D&M Plan Modification Interrogatory No. 2, 02/25/20
Council Interrogatories on D&M Plan Modification, Set Two, 02/25/2020
BNE Responses to Council D&M Plan Modification Interrogatories, Set Two, 03/02/20
BNE Response to Council D&M Plan Modification Interrogatory No. 7, 03/04/20
FairwindCT, Inc. Objection to BNE's D&M Plan Modification, 03/04/20
Council Decision and Staff Report on D&M Plan Modification, 03/06/20
Town of Colebrook's Objection to the D&M Plan Modification, received 03/09/20
U.S. Army Corps of Engineers Correspondence, 09/18/20

D&M Plan Inspection and Monitoring Reports

Extension Request

Council Request for Extension of Time, dated October 11, 2011

Fairwind, Somers, and Wagner Request for Addt'l to Submit Comments, dated October 14, 2011

BNE's Response regarding Extension, dated October 18, 2011

Motion for Extension to Complete Construction, 07/17/18

Additional Information Regarding Motion for Extension, 08/16/18

Council Decision on Extension, 08/31/18
BNE Request for Extension of Time to Complete Construction, 09/14/21
Council's Decision on BNE Request for Extension of Time to Complete Construction, 09/23/21

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