License Review Routing Sheet
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STATE OF MAINE Department of Environmental Protection JOHN ELIAS BALDACCI David P. Littell GOVERNOR COMMISSIONER April, 2010 Central Maine Power Company ATTN: Mary Smith 83 Edison Drive Augusta ME 04330 RE: Site Location of Development Act Application, Kittery – Orrington #L-24620-26-A-N, #L-24620-TG-B-N, #L-24620-VP-C-N #L-24260-IW-D-N and #L-24620-L6-E-N Dear Ms. Smith: Please find enclosed a signed copy of your Department of Environmental Protection land use permit. You will note that the permit includes a description of your project, findings of fact that relate to the approval criteria the Department used in evaluating your project, and conditions that are based on those findings and the particulars of your project. Please take several moments to read your permit carefully, paying particular attention to the conditions of the approval. The Department reviews every application thoroughly and strives to formulate reasonable conditions of approval within the context of the Department’s environmental laws. You will also find attached some materials that describe the Department’s appeal procedures for your information. If you have any questions about the permit or thoughts on how the Department processed this application please get in touch with me directly. I can be reached at 207-822-6324 or at [email protected]. Yours sincerely, Dawn Hallowell, Project Manager Division of Land Resource Regulation Bureau of Land & Water Quality pc: File AUGUSTA 17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK (207) 624-6550FAX: (207) 624-6024 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-6477 FAX: (207) 764-1507 web site: www.maine.gov/dep STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 17 STATE HOUSE STATION AUGUSTA, ME 04333 DEPARTMENT ORDER IN THE MATTER OF CENTRAL MAINE POWER COMPANY ) SITE LOCATION OF DEVELOPMENT ACT 78 Municipalities (listed in Appendix A) ) NATURAL RESOURCES PROTECTION ACT 13 Counties (listed in Appendix A) ) FRESHWATER WETLAND ALTERATION MAINE POWER RELIABILITY PROGRAM ) VERNAL POOL ALTERATION L-24620-26-A-N ) INLAND WADING BIRD AND L-24620-TG-B-N ) WATERFOWL HABITAT L-24620-VP-C-N ) STREAM ALTERATION L-24620-IW-D-N ) WATER QUALITY CERTIFICATION L-24260-L6-E-N (approval) ) FINDINGS OF FACT AND ORDER Pursuant to the provisions of 38 M.R.S.A. Sections 481 et seq. and 480-A et seq., and Section 401 of the Federal Water Pollution Control Act, the Department of Environmental Protection has considered the application of CENTRAL MAINE POWER COMPANY with the supportive data, agency review comments, comments from members of the public and other related materials on file and FINDS THE FOLLOWING FACTS: 1. PROJECT DESCRIPTION: A. History of Project: Central Maine Power Company (CMP) has been developing its transmission corridors over a period of years. Much of this development pre-dates the Site Location of Development Law (Site Law) and the Natural Resources Protection Act (NRPA). There also have been many Department and Board Orders issued in the past which have approved the construction of new electrical transmission lines, upgrades of existing electrical transmission lines and the construction and expansion of new and existing substations. Previous Department Orders issued for projects located in this transmission corridor include: #49-0834-05269, dated February 27, 1974; #49-6001- 10020 and #49-6001-11130, both dated May 23,1979; #L-17618-29-A-N, dated August 28, 1991; #L-016261-29-A-N, dated January 19, 1994; #L-19673-24-A-N and #L-19673- 31-B-M, both dated December 4, 1998; #L-19673-31-B-M, dated December 4, 1998; and #L-19673-24-M-M and #L-19673-TA-N-N, both dated March 20, 2008. Previous Department Orders issued for substation projects located within the corridor under consideration in this Order include #L-23715-26-A-N (Maguire Road substation expansion in Kennebunk), dated September 28, 2007; #L-17618-TE-C-N (Spring Street substation expansion in Westbrook), dated March 10, 2000; #L-T00822-TB-A-N (Surowiec Substation expansion in Pownal), dated September 8, 1999; and #L-17973-26- AJ-M and #L-17973-26-AK-T (Maine Yankee Substation expansion in Wiscasset), dated December 15, 2006. B. Summary: With this application the applicant is requesting permits for a proposal to upgrade 354 miles of existing electrical transmission corridor that runs between Eliot and Orrington and construct an additional 6.4 miles of new electrical transmission corridor (Segment 15Alt.). The project will affect 78 municipalities and is known as the `L-24620 A through-E 2 of 114 Maine Power Reliability Program (MPRP). It involves the upgrade of existing transmission systems to 345 kilovolt (kV) and 115 kV, the rebuilding of existing 345 kV and 115 kV lines and the construction or expansion of 13 substations. The applicant conducted a Needs Assessment which assumed that no Maine generating stations would be retired, while considering all currently proposed plan applications to upgrade the generation and transmission system in Maine and New England as if they were constructed and operating. The results of the needs assessment were submitted with the NRPA application. The applicant states that the purpose of the proposed project is to make necessary improvements to the existing bulk power transmission system to ensure compliance with federally mandated power transmission system standards and to continue to provide power and service to the applicant’s customers. The applicant further states that the existing transmission system is presently at the limits of its technical and physical ability to meet the growing demand of Maine customers and the reliability standards established by the North American Electric Reliability Corporation (NERC), the Northeast Power Coordinating Council (NPCC) and the Independent System Operator of New England (ISO-NE). Transmission Lines: Both the proposed 115 kV lines and 345 kV lines will be supported on a variety of poles, depending on site conditions. The types of poles include single pole structures, H-frame structures and lattice structures. The typical height of single pole structures will range between 125 feet and 135 feet. The height of a typical H-frame structure is 84 feet. Lattice structures are used at major crossings, such as river crossings, and can range in height between 140 feet and 350 feet tall. Certain portions of the upgraded project, specifically Segments 10A, 30A, 34A, 34B, 34C, 35B, 38B, and 40A, are considered to be re-rated lines which are not subject to approval under the Site Location of Development Act (Site Law). Re-rated lines are existing transmission lines that will be rebuilt and/or reconstructed in the same right-of- way. 38 M.R.S.A. §488 states, “This article does not apply… to the rebuilding or reconstruction of natural gas pipelines or transmission lines within the same right-of- way.” However any impacts to protected natural resources in these segments are regulated by the NRPA. Summaries of the individual segments and the resources affected are listed below: Segment 1 involves the construction of a new 115 kV transmission line and a new 345 kV transmission line in an existing 15.5 mile transmission line corridor from the Orrington Substation to the point where it meets Segments 3 and 4 in Frankfort. The segment is located in the towns of Orrington, Bucksport, Winterport, and Frankfort. Ninety-three wetlands were identified, delineated, and mapped within the Segment 1 transmission line corridor. Segment 1 crosses the Penobscot River, Marsh Stream, Sedgeunkedunk Stream, Fields Pond, Meadow Brook, and several smaller tributaries. Segment 2 involves the upgrade and relocation of the two existing 115 kV transmission lines in a 0.3 mile transmission line corridor in Bucksport from the Verso Paper Mill to the existing Section 205, approximately 1,800 feet north of the existing Bucksport Substation. Segment 2 is located adjacent to a tidal-influenced stretch of the Penobscot `L-24620 A through-E 3 of 114 River. There will be no temporary or permanent impacts to wetlands either from clearing or fill. Segment 3 involves the construction of a new 345 kV transmission line in an existing 24.4 mile transmission corridor from the junction of Segments 1 and 4 in Frankfort to the Detroit Substation in Detroit. The segment is located in the towns of Frankfort, Monroe, Winterport, Dixmont, Troy, Plymouth and Detroit. One hundred and fourteen wetlands were identified, delineated, and mapped within the Segment 3 transmission line corridor. Segment 3 crosses Marsh Stream, Thurlow Brook, Martin Stream, Chase Stream, Olney Brook, Chase Bog, Cates Meadows, Big Meadow Bog and the East Branch of the Sebasticook River. Segment 4 involves the construction of a 115 kV transmission line, built to 345 kV standards, in an existing 8.9 mile transmission line corridor from the intersection of Segments 1, 3 and 4 in Frankfort to where it meets Segment 6 on the Waldo/Brooks town line. The segment is located in the towns of Frankfort, Monroe, Swanville, Waldo and Brooks. Forty two wetlands were identified, delineated, and mapped within the Segment 4 transmission line corridor. Dead Brook, White Brook, and several small unnamed streams traverse the segment. Segment 6 involves the construction of a 115 kV transmission line, built to 345 kV standards, in an existing 29.6 mile transmission line corridor from the intersection of Segment 4 to the intersection of Segments 6 and 10, just northwest of the proposed Coopers Mills Road Substation, in Windsor, Maine. The segment is located in the towns of Waldo, Montville, Morrill, Searsmont, Brooks, Appleton, Liberty, Washington, Hibberts Gore, Somerville and Windsor.