Connecticut Department of ENERGY & ENVIRONMENTAL PROTECTION February 10, 2021 Ms. Susan Moberg Vanasse Hangen Brustlin 100 Great Meadows Road, Suite 200 Wethersfield, CT 06109 [email protected] Project: Proposed 120 MW Utility-Scale Gravel Pit Solar Project on 726 Acres consisting of eight separate parcels of land with Frontage on Apothecaries Hall, Plantation, Wapping and Windsorville Roads in East Windsor, Connecticut NDDB Final Determination No.: 202002957 (Preliminary Assessment No’s. 201914275 and 202002957) Dear Susan Moberg, I have re-reviewed Natural Diversity Data Base maps and files regarding the area delineated on the map provided for a proposed 120 MW Utility-Scale Gravel Pit Solar Project on 726 Acres consisting of eight separate parcels of land with Frontage on Apothecaries Hall, Plantation, Wapping and Windsorville Roads in East Windsor, Connecticut. The Project includes the construction of solar photovoltaic arrays across an approximate 485-acre Project Area. As you are aware, according to our records there are extant populations of State Listed Species known to occur within or close to the boundaries of this property. The species include: Amphibians and Reptiles Glyptemys insculpta (Wood turtle) – Special Concern Birds Eremophila alpestris (Horned lark) - Endangered Melanerpes erythrocephalus (Red-headed woodpecker) – Endangered Asio flammeus (Short-eared owl) – Threatened Falco sparverius (American kestrel) – Special Concern Toxostoma rufum (Brown thrasher) – Special Concern Passerculus sandwichensis (Savannah sparrow) – Special Concern Invertebrates Cicindela formosa generosa (Big sand tiger beetle) – Special Concern Lycaena epixanthe (Bronze copper) – Special Concern Sympistis perscripta (Scribbled sallow moth) – Special Concern Margaritifera margaritifera (Eastern pearlshell) – Special Concern Plants Gaylussacia bigeloviana (Dwarf huckleberry) –Threatened Alopercurus aequalis (Short-awned meadow foxtail) – Threatened Asclepias purpurascens (Purple milkweed) – Special Concern Lygodium palmatum (American climbing Fern) – Special Concern Thank you for your report submitted July 17, 2020. Information from that report as well as our November 20, 2020 meeting are included in the details outlined below. Protection for State Listed Bat Species As discussed in our conference call on November 20th tree clearing is a concern in the Ketch Brook area of the project footprint. We do have records of tree roosting bats in the area and to minimize the possibility of adversely 79 Elm Street, Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer impacting tree roosting bat species, no tree removal should take place during the bat pupping season (between June 1st and September 1st). Protection for State Listed Invertebrates Insect invertebrates: Survey results included in VHB Memorandum dated July 17, 2020 from Jeffery C. Peterson and Chelsea O. Glinka indicate the following: • Bog copper – No suitable habitat occurs on the project site and no conservation measures are proposed. • Big sand tiger beetle – No individuals were observed, however, if encountered, project proponents will coordinate with NDDB to prepare conservation measures. • Scribbled sallow moth – Small, scattered populations of host species Canada toadflax. No conservation measures are proposed, however the project proponent is willing to negotiate incorporation of this species into perimeter seed mixes where appropriate. NDDB concurs with the conclusions drawn in the report, and the proposed measures offered. Gravel Pit Solar has agreed to the following conservation measures to protect freshwater mussels from adverse impacts from this solar project: • Gravel Pit Solar will revise proposed HDD pits to reduce tree clearing and soil disturbance near Ketch Brook. The attached map depicts the previously proposed HDD clearing in yellow and the revised HDD clearing in a red hatch. • Provide an HDD Contingency Plan to outline Best Management Practices for HDD activities and planned response measures in the event of a frac-out. Gravel Pit Solar will engage a freshwater mussel specialist (e.g. Biodrawversity) to prepare a contingency plan and monitor the stream during HDD operations. The contingency plan and any monitoring reports during the directional drilling will be provided to the NDDB Program ([email protected]) as soon as it is possible to do so. • Gravel Pit Solar will minimize clearing within a 300-foot buffer to the thread of Ketch Brook (approximately 74 acres within Project Site). The attached map depicts proposed clearing in the 300-foot buffer to Ketch Brook. Gravel Pit Solar will limit clearing within the 300 foot buffer area to approximately 1.1 acres. • Gravel Pit Solar will minimize clearing within a 300-foot buffer to wetlands associated with Ketch Brook (approximately 67 acres within Project Site). The attached map depicts proposed clearing in the 300-foot buffer to wetlands associated with Ketch Brook. Gravel Pit Solar will limit clearing within the 300-foot buffer area to wetlands associated with Ketch Brook to approximately 2 acres. • Gravel Pit Solar will prepare and implement a comprehensive sedimentation and erosion control plan for the construction phase of this project. • A stormwater management plan will be developed and implemented and must comply with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, 2004 Connecticut Stormwater Quality Manual and the DEEP Stormwater Management at Solar Farm Construction Projects, dated September 8, 2017. The overall stormwater management plan will emphasize infiltration and groundwater recharge which will contribute to aquatic base flow within Ketch Brook. There will be no discharge of untreated stormwater to Ketch Brook or associated wetlands. All stormwater runoff will be treated within the Project Area through the use of sediment basins and traps and natural closed depressions, and treated water will be designed to dissipate and infiltrate in vegetated upland areas prior to reaching Ketch Brook and will not be discharged into any wetlands associated with Ketch Brook. Protection and Mitigation for State Listed Amphibians and Reptiles VHB Memorandum dated July 17, 2020 from Jeffery C. Peterson and Chelsea O. Glinka includes the following protection measures for wood turtle to be utilized throughout the implementation of the project: • No work is proposed along Ketch Brook or in its floodplain. • The Project will create and maintain cleared areas outside of the fenced solar arrays in early successional habitat potentially suitable for turtle foraging and nesting. These areas will not be mowed between April 30 and November 1. • Maintain gaps under perimeter fencing to allow turtles to pass through the grassed solar arrays to avoid habitat fragmentation. 2 • The development will seek to curtail illicit ATV operation within the properties it will control with fencing and other barriers (e.g., boulders, bollards, Mafia block, etc.). • No practices that could increase the temperature of the discharge to Ketch Brook (e.g., discharge from surface detention) will be proposed. Existing drainage patterns will be maintained to the greatest extent practicable. The following protection measures are specific to construction phase: • The use of entrenched silt fence (EF) at least 20-inches tall to isolate any work area within 0.2 miles of Ketch Brook from potential wood turtle between April 1 and November 1 each construction season. • Special pervious exclusionary fencing will be used periodically along silt fence lines to release entrapped stormwater and reduce the likelihood of EF failure • This EF should be installed between November 1 and April 1 when turtles can be presumed to be within the brook. Tree clearing operations within potential habitat should also be undertaken during this period unless previously isolated by this exclusionary fencing. • The EF shall be regularly maintained (at least bi-weekly and after rainfall events greater than 0.5 inches in 24/hours) to secure any gaps or openings at ground level that may let animal pass through. Debris collected at pervious sections of fencing shall be removed to ensure function during the next storm. • Should the previous condition not be met, it is essential that all existing open sands, unvegetated soil areas and other early successional habitats in work areas within 0.2 miles of Ketch Brook be isolated with exclusionary fencing prior to May 15 to prevent female turtles from nesting in the work area. This will include the portion of the gravel access road to the Gravel Pit from Wapping Road. • Because exclusionary measure can potentially fail, the Contractor must search the work areas within 0.2 miles of Ketch Brook each morning prior to beginning work.* • All construction personnel working within the turtle habitat must be apprised of the species description and the possible presence of a listed species. • Any turtles encountered within the work area shall be carefully moved to an adjacent area outside of the excluded area and fencing should be inspected to identify and eliminate the suspected access point. • These animals are protected by law and no turtles should be relocated from the site. • In areas where silt fence is used for exclusion, it shall be removed as soon as the area is stable to allow for reptile and amphibian passage to resume. • No heavy machinery or vehicles may be parked in any turtle habitat not previously secured by EF. • Special precautions must be taken to avoid degradation