PETITION NO. 1313 – DWW Solar II, LLC petition for a declaratory ruling that no Certificate of Environmental Compatibility and Public Need is required for the proposed construction, maintenance and operation of a 26.4 megawatt AC solar photovoltaic electric generating facility on approximately 289 acres comprised of 5 separate and abutting privately-owned parcels located generally west of Hopmeadow Street (US 202/CT 10), north and south of Hoskins Road, and north and east of County Road and associated electrical interconnection to Eversource Energy’s North Simsbury Substation west of Hopmeadow Street in Simsbury, Connecticut.
PETITION
- Filing Received, 6/29/2017 (petition and attachments combined)
- Petition
- Exhibit A - DWW Solar II, LLC Company Resumes
- Exhibit B - Figures
- Exhibit C - Site Plans
- Exhibit D - Public Information Session Information
- Exhibit E - Abutting Property Owner List and Notice
- Exhibit F - List of Municipal Officials and Government Agencies and Notice
- Exhibit G - Visibility Assessment
- Exhibit H - Soil Scientists Report
- Exhibit I - Wildlife Evaluations Technical Memorandum
- Exhibit J - CT DEEP NDDB Correspondence
- Exhibit K - Vernal Pool Survey Technical Memorandum
- Exhibit L - Stormwater Management Report
- Exhibit M - SHPO Correspondence and Cultural Resources Survey
- Exhibit N - Acoustical Study
- Exhibit O - Phase I Environmental Site Assessment
- Exhibit P - Carbon Debt Analysis
- Exhibit Q - Operations & Maintenance Plan
- Exhibit R - FAA Notice of Proposed Construction
- Exhibit S - Decommissioning Plan
PROCEDURAL CORRESPONDENCE
- Council Letter to the Town of Simsbury, 6/30/2017
- Council Letter to the Town of Granby, 6/30/2017
- Completeness Review, 07/20/17
- Council Interrogatories to Petitioner, 08/09/17
- Council Memorandum Requesting Comments on DEEP's Notice of Intent, 08/09/17
- Petitioner's Responses to Council's Request for Comments, 8/24/2017
- DEEP's Responses to Council's Request for Comments, 8/24/2017
- Department of Agriculture's Responses to Council's Request for Comments, 8/23/2017
- Department of Agriculture Tab A to Comments Regarding Party Status of Department of Energy and Environmental Protection, 08/29/17
- Council Memorandum Requesting Comments on the Department of Agriculture's Motion to Deny Declaratory Ruling, 8/24/2017
- Council Memorandum Regarding Motions from August 31, 2017 energy/telecommunications meeting, 09/05/17
- Field Review Notice, 09/05/17
- Council Memorandum on Continuation of Evidentiary Hearing, 09/13/17
- Council Interrogatories to Department of Agriculture, 09/19/17
- Council Interrogatories to DWW Solar II, LLC, Set Two, 09/20/17
- Council Interrogatories to the Town of Simsbury, 09/20/17
- Council Memorandum Regarding Rulings on Motions from 09/28/17 energy/telecommunications meeting, 09/29/17
- Council Memorandum Regarding the October 10, 2017 Evidentiary Hearing Continuation, 10/05/17
- Council Memorandum on Continuation of Evidentiary Hearing with revised schedule, 10/11/17
- Council Interrogatories to DWW Solar II, LLC, Set Three, 10/12/17
- Council Memorandum Requesting Comments on Requests from Flammini, et al., 10/17/17
- Council Memorandum Regarding Rulings on Motions from 10/26/17 energy/telecommunications meeting, 10/27/17
- Council Memorandum Regarding Ruling on Motions from 11/2/17
- Council Memorandum Regarding Ruling on Motions, 12/08/17
- Council Response Letter to Change of Ownership Notification, 07/25/18
- Council Acknowledgement of Change of Ownership Notification, 07/30/18
STATE AGENCY COMMENTS
- Connecticut State Agencies Comment Memo, 6/30/2017
- The Department of Transportation Comments Received, August 28, 2017
- The Council on Environmental Quality Comments Received, August 29, 2017
- Comments from the Department of Energy and Environmental Protection, 09/11/17
- Department of Public Health, Drinking Water Section, Comments, 12/14/17
MUNICIPAL COMMENTS
PUBLIC OFFICIAL COMMENTS
HEARING INFORMATION
Schedule
Service List
- Service List, 07/12/17
- Service List, 07/20/17
- Service List, 08/01/17
- Service List, 08/31/17
- Service List, 10/02/17
- Service List, 10/10/17
- Service List, 10/26/17
- Service List, 07/30/18
Hearing Programs
Transcripts
- Evidentiary Hearing Transcript, 09/12/17
- Public Comment Session Transcript, 09/12/17
- Transcript Receipt Memorandum, 09/20/17
- Evidentiary Hearing Transcript, 10/10/17
- Transcript Receipt Memorandum, 10/19/17
- Evidentiary Hearing Transcript, 11/02/17
- Transcript Receipt Memorandum, 11/14/17
PARTIES AND INTERVENORS
PETITIONER - DWW Solar II, LLC
Exhibits
- DWW Solar II, LLC's Responses to Council Interrogatories, 8/28/17
- DWW Solar II, LLC's Responses to the Town of Simsbury Interrogatories, 09/05/17
- DWW Solar II, LLC's Proposed Field Review Driving Route, 09/01/17
- DWW Solar II, LLC's Aerial Drone Video Footage of Proposed Site, 09/01/17
- DWW Solar II, LLC's Responses to Department of Agriculture's Interrogatories, 09/05/17
- DWW Solar II, LLC's Sign Posting Information, 09/05/17
- DWW Solar II, LLC's Responses to Council Interrogatories, Set II, 10/03/17
- Exhibit A - Project Layout Map
- Exhibit B - Farmland Soils & Proposed Grading Limits on Existing Agricultural Fields
- Exhibit C - The Flexrack Series G3-X
- Exhibit D - GZA Opinion Letter
- Exhibit E - Generator Summary Report
- DWW Solar II, LLC's Visual Simulation Revision of Viewpoint 44, depicting Changes from the October 3, 2017 Project Layout Map, 10/09/17
- DWW Solar II, LLC's Responses to Council Interrogatories, Set III, 10/26/17
- Exhibit A - Key Habitat Characterization & Assessment Plots, 10/26/17
- Exhibit B - Open Space Adjacent to Project Area Maps, 10/26/17
- Exhibit C - Habitat Assessment & Forest Characterization Memo, 10/26/17
- Exhibit D - Carbon Debt Analysis Memo, revised 10/24/17
- DWW Solar II, LLC's Responses to Flammini, et Al. Interrogatories, Set I, 10/26/17
- DWW Solar II, LLC's Revised Response to Council Interrogatory #84, 11/02/17
- Exhibit 1 - Groundwater Sample Results, Hall Farm, Simsbury
- Exhibit 2 - Part 1 - DEEP Correspondence, dated May 20, 2008
- Exhibit 2 - Part 2 - DEEP Correspondence, dated June 16, 2011
- Exhibit 2 - Part 3 - DEEP Correspondence, dated April 16, 2013
- Exhibit 2 - Part 4 - DEEP Correspondence, dated September 10, 2013
- Exhibit 2 - Part 5 - DEEP Correspondence, dated June 11, 2013
- Exhibit 2 - Part 6 - DEEP Correspondence, dated January 9, 2013
- Exhibit 2 - Part 7 - DEEP Correspondence, dated June 11, 2013
Correspondence
- DWW Solar II, LLC List of Witnesses, 09/05/17
- DWW Solar II, LLC Interrogatories to the Town of Simsbury, Set One, 09/26/17
- DWW Solar II, LLC Interrogatories to Flammini et al., Set One, 09/26/17
- DWW Solar II, LLC Interrogatories to the Department of Agriculture, 09/26/17
- DWW Solar II, LLC Cover Letter and Additional Witness, 10/03/17
- DWW Solar II, LLC Interrogatories to the Town of Simsbury, Set Two, 10/19/17
- DWW Solar II, LLC Interrogatories to Flammini, et Al, Set Two, 10/19/17
- DWW Solar II, LLC Interrogatories to the Department of Agriculture, Set Two, 10/19/17
- Change in Ownership Letter, 07/23/18
- Transfer of Ownership Letter, 07/27/18
Motions and Objections
- DWW Solar II, LLC Objection to Town of Simsbury Motion to Continue Hearing, 08/03/17
- DWW Solar II, LLC Objection to Department of Agriculture Motion to Continue Hearing, 08/09/17
- DWW Solar II, LLC Request for Administrative Notice, 09/05/17
- DWW Solar II, LLC Objection to Department of Agriculture's Motion to Deny, 09/14/17
- DWW Solar II, LLC Motion to Compel Responses toInterrogatories, 10/04/17
- DWW Solar II, LLC Reply Related to Its Motion to Compel Responses to Interrogatories, 10/05/17
- DWW Solar II, LLC Response to Council's Memorandum on Flammini Requests, 10/20/17
- DWW Solar II, LLC Request for Administrative Notice, 10/26/17
- DWW Solar II, LLC's Motion to Compel Responses to Interrogatories, 11/02/17
- DWW Solar II, LLC's Opposition to Flammini, et al. Submittal of Evidence After the Evidentiary Record Has Closed, 12/04/17 Cover Letter Exhibit B - Abutters
Post Hearing Briefs and Draft Findings of Fact
PARTY - Town of Simsbury
Exhibits
- Town of Simsbury's Request for Party Status and Motion for Hearing, 7/6/2017
- Town of Simsbury's Pre-Hearing Submission, 09/05/17
- Town of Simsbury's Prefiled Testimony of James D. Rabbitt, 10/02/17
- Town of Simsbury's Responses to DWW Solar II, LLC's Interrogatories, 10/03/17
- Attachment A - Interrogatory No. 6
- Attachment B - Interrogatory No. 10 Part 1
- Attachment B - Interrogatory No. 10 Part 2
- Attachment C - Interrogatory No. 19
- Attachment D - Interrogatory No. 27
- Attachment E - Interrogatory No. 28 Part 1
- Attachment E - Interrogatory No. 28 Part 2
- Attachment F - Interrogatory No. 33
- Town of Simsbury's Responses to Council Interrogatories, 10/03/17 Attachments A-N
- Town of Simsbury's Addendum to Council Interrogatory #A6f-2, 10/03/17
- Town of Simsbury's Supplemental Disclosure to DWW Solar II, LLC's Interrogatories Concerning Review of Town and DEEP files, 10/05/17
- Town of Simsbury's Supplemental Disclosure to DWW Solar II, LLC's Interrogatories Concerning Correspondence from SHPO, 10/06/17
- Town of Simsbury's Response to DWW Solar II, LLC's Interrogatories, Set Two, 10/26/17
- Town of Simsbury's Large-Scale Demonstrative Site Plan (full map), 11/02/17
- Section 1 Section 2 Section 3
Correspondence
- Council Acknowledgement of Town of Simsbury Requests, 7/7/2017
- Council Approval of Town of Simsbury Party Request, 07/21/17
- E-Mail Correspondence Regarding August 14, 2017 Site Visit
- Town of Simsbury's Response to Request for Comments, 08/18/17
- Town of Simsbury's Interrogatories to DWW Solar II, LLC, 08/28/17
- Town of Simsbury's E-mail Correspondence Regarding the October 10, 2017 Evidentiary Hearing Continuation, 10/05/17
Motions and Objections
- Town of Simsbury's Request for Party Status and Motion for Hearing, 7/6/2017
- Town of Simsbury's Motion to Continue Hearing, 07/28/17
- Town of Simsbury Reply to Motion to Continue Hearing, 08/18/17
- Town of Simsbury's Motion to Deny, 09/08/17
- Town of Simsbury's Request for Oral Argument on Motions to Deny Declaratory Ruling, 09/25/17
- Town of Simsbury Reply to Motion to Deny Declaratory Ruling, 9/26/2017
Post Hearing Briefs and Draft Findings of Fact
- Town of Simsbury's Post Hearing Brief Cover letter 12/01/17
- Town of Simsbury's Proposed Findings of Fact
PARTY - Department of Agriculture
Exhibits
- Department of Agriculture's Request for Party Status, 08/01/17
- Department of Agriculture's Comments from Steven K. Reviczky, Commissioner, 08/30/17
- Department of Agriculture's Pre-filed Testimony of Kipen Kolesinskas, 09/05/17
- Department of Agriculture's Responses to Council Interrogatories, Set One, 10/03/17
- Department of Agriculture's Responses to DWW Solar II, LLC's Interrogatories, Set One, 10/06/17
- Department of Agriculture's Amended Responses to DWW Solar II, LLC's Interrogatories, Set One, 10/19/17
- Department of Agriculture's Responses to DWW Solar II, LLC's Interrogatories, Set Two, 10/26/17
Correspondence
- E-Mail Correspondence Regarding August 14, 2017 Site Visit
- Department of Agriculture's Interrogatories to DWW Solar II, LLC, 08/29/17
- Department of Agriculture's Witness and Exhibit List, 09/05/17
- Department of Agriculture's Administrative Notice Items, dated September 5, 2017
- E-Mail Correspondence Regarding Department of Agriculture's Participation in the September 12, 2017 Evidentiary Hearing Session, 09/11/17
Motions and Objections
- Department of Agriculture Motion to Continue Hearing, 08/08/17
- Department of Agriculture Reply to Objection to Motion to Continue Hearing, 08/10/17
- Department of Agriculture Motion to be Placed on the Service List, 08/10/17
- Department of Agriculture's Motion to Deny Declaratory Ruling, 8/23/2017
- Department of Agriculture's Memorandum in Support of Motion to Deny Declaratory Ruling, 8/23/2017
- Affidavit of Steven K. Reviczky in Support of Motion to Deny Declaratory Ruling, 8/23/2017
- Department of Agriculture's Reply to DWW Solar II, LLC's Objection to Motion to Deny Declaratory Ruling, 09/21/17
Post Hearing Briefs and Draft Findings of Fact
PARTY - Department of Energy and Environmental Protection (DEEP) - Party Status Withdrawn
Exhibits
- Department of Energy and Environmental Protection's Request for Party Status, 08/01/17
- Comments from the Department of Energy and Environmental Protection, 09/11/17
Correspondence
Motions and Objections
- Council Acknowledgement of Department of Energy and Environmental Protection's Request for Party Status. 8/3/2017
- DEEP's Motion to be Placed on the Service List, 08/10/17
- DEEP's Statement in Support of Department of Agriculture's Motion to Deny, 09/14/17
- DEEP's Motion to Withdraw Party Status, 10/24/17
PARTY - Abutting Property Owners, Flammini et al.
Exhibits
- Abutting Property Owners, Flammini et al., Request for Party Status, 08/28/18
- Abutting Property Owners, Flammini et al., Pre-filed Testimony of George Logan, 09/08/17
- Abutting Property Owners, Flammini et al., Pre-filed Testimony (homeowners), 09/11/17
- Abutting Property Owners, Flammini et al., Response to DWW Solar II, LLC's First Set of Interrogatories, 09/27/17
- Abutting Property Owners, Flammini et al., Additional Pre-filed testimony of Laura Nigro, Chris Kilbourn-Jones and John Marcktell, 10/09/17
Correspondence
- Council Acknowledgement of Abutting Residents Party Request, 08/29/17
- Council Approval of Abutting Resident Party Status Request, 09/06/17
- Flammini et al. E-Mail Correspondence Regarding the October 10, 2017 Evidentiary Hearing Continuation, 10/05/17
- Flammini, et al. Interrogatories to DWW Solar II, LLC, Set One, 10/18/17
Motions and Objections
- Flammini et al. Memorandum in Support of Motion to Deny Declaratory Ruling, 09/06/17
- Flammini et al. Response to DWW Solar II, LLC's Motion to Compel Responses to First Set of Interrogatories, 10/04/17
- Flammini et al. Request for Withdrawal of Mr. George Logan's Testimony and Exhibits and Request for Relief from the Order to Compel, 10/17/17
- Flammini, et al. Response to DWW Solar II, LLC's October 20 Filing in Opposition to Flammini, et al. Request for Relief from Order to Compel, 10/24/17
- Flammini, et al. Opposition to Petition, 11/30/17
- Flammini, et al. Request for Administrative Notice, 12/01/17
PARTY - Christine Kilbourn-Jones
Exhibit
Correspondence
- Council Acknowledgment of Christine Kilbourn-Jones Party Request, 10/02/17
- Council Approval of Party Status Request, 10/11/17
DRAFT FINDINGS OF FACT
- Council's Draft Findings of Fact, 12/08/17
- Department of Agriculture's Comments on Draft Findings of Fact, 12/14/17
FINAL DECISION
DEVELOPMENT AND MANAGEMENT PLAN (D&M PLAN)
Development and Management Plan, received 01/31/19
- D&M Plan Narrative
- Exhibit A - Figures
- Exhibit B - Stormwater Pollution Control Plan and Site Plans
- Exhibit C - Soil Management Plan
- Exhibit D - Acoustical Study Addendum
- Exhibit E - Pollinator Habitat Plan
- Exhibit F - SHPO Correspondence and Cultural Resources Survey
- Exhibit G - FAA Notice of Proposed Construction
- Exhibit H - Agricultural Protection Plan
- Exhibit I - Site Specific Soil Survey
- Exhibit J - Carbon Debt Analysis
- Exhibit K - Resource Protection Plan
- Exhibit L - Barn Management Plan
- Exhibit M - DPH General Construction Best Management Practices
- for Sites within a Public Drinking Water Supply Area
- Exhibit N - Traffic Management Plan
- Exhibit O - Visual Screening Plan
- Exhibit P - Vegetation Management Plan
- Exhibit Q - Decommissioning Plan
- Exhibit R - CT DEEP NDDB Correspondence
- Exhibit S - Operations & Maintenance Plan
- Supplement to Development & Management Plan, (FAA Reports), 2/5/19
- Council D&M Interrogatories to DWW Solar II, 02/25/19
- Letter Indicating Copy of D&M Plan Provided to Town of Granby, 3/8/19
- Town of Simsbury's Comments on Development & Management Plan, 3/8/19
- Council D&M Interrogatories to DWW Solar II, Set Two, 3/8/19
- DWW Solar Responses to Council D&M Plan Interrogatories, Set One, 3/12/19
- DWW Solar Responses to Council D&M Plan Interrogatories, Set Two, 3/21/19
- DWW Solar Revised Response to Council D&M Plan Interrogatories, Set One, Interrogatory No. 6, 03/27/19
- Council Decision and Staff Report on D&M Plan, 03/29/19
- DWW Solar Response to Council's D&M Approval Conditions, 08/30/19
- Council Acknowledgment of D&M Plan Conditions Submission, 09/04/19
- D&M Plan Amendment Request - Additional Boring Pit Location, 09/20/19
- Council Decision on D&M Plan Amendment Request, 09/20/19
- Commercial Operation Date Letter, 12/10/19
- Council Letter Regarding Condition of Landscaping, 02/01/21
- DWW Solar Response to Council's Letter Regarding Condition of Landscaping, 02/22/21
- Council Acknowledgement and Response to Letter Regarding Condition of Landscaping, 02/24/21
- DWW Solar Response to Council's Letter Regarding Condition of Landscaping, 06/30/21
- Council Request for Landscaping and Barn Repairs Report, 03/02/22
- Response to Council Request for Landscaping and Barn Repairs Report, received 3/7/22
- Council Correspondence Regarding Barn Maintenance, 05/02/22