Instrument Decision Notice:

A Renewable Energy Approval has been issued to wpd Napier Wind Incorporated for the Napier Wind Project. The project will be located at 27904 Brown Road, Township of Adelaide Metcalfe, County of Middlesex, Ontario. This is a Class 4 wind facility with a total expected generation capacity of 4.1 megawatts (MW). The wind facility will be connected to Hydro One’s distribution system.

The Renewable Energy Approval requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarized below, require the proponent to:

• construct and install the facility in accordance with the documentation considered for the issuance of this approval,
• properly decommission the facility upon retirement of the facility,
• notify the ministry at least 10 days prior to commencement of construction or installation activities or operation of the facility,
• construct and install the facility within 3 years of the date the Renewable Energy Approval is issued,
• comply with the ministry’s noise emission limits at all times,
• carry out an acoustic immision audit of the sound levels produced by the operation of the equipment,
• carry out an acoustic emission audit of the acoustic emissions produced by the operation of the wind turbine generators,
• employ best management practices for stormwater management and sediment and erosion control during construction, installation, use, operation, maintenance and retiring of the facility,
• not take more than 50,000 litres of water on any day by any means,
• implement the pre and post construction Natural Heritage monitoring program, which includes bird and bat monitoring,
• prepare a Traffic Management Plan to be provided to the municipalities and enter into a Road Users Agreement,
• properly address any archaeological resources discovered,
• create a community liaison committee with members of the public and applicant,
• maintain and operate the facility in accordance with good engineering practices and as recommended by the equipment suppliers,
• maintain records of the operation and maintenance of the equipment and inspections and complaints related to the facility,
• notify the ministry of complaints received alleging adverse effect caused by the construction, installation, operation, use or retirement of the facility, and
• notify the ministry prior to a change of ownership.

This renewable energy project has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and Ontario Regulation 359/09 (O.Reg.359/09).

NOTE: Regarding Third Party Hearing Provisions

Third Party Hearing Provisions are listed immediately below. The Leave to Appeal Provisions indicated in the section titled “Leave to Appeal Provisions” at the end of the posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA.

Any resident of Ontario may require a hearing by the Environmental Review Tribunal (ERT) within 15 days after the date this Decision was loaded to the Environmental Registry (see top right of decision notice) by written notice served upon all of the following:

Appellate Body:
Secretary
Environmental Review Tribunal
655 Bay Street
Floor 15
Toronto
M5G 1E5
Phone: (416) 212-6349
Fax: (416) 314-4506

Environmental Commissioner of Ontario:
Environmental Commissioner of Ontario
1075 Bay Street
Suite 605
Toronto Ontario
M5S 2B1
Phone: (800) 701-6454

Issuing Authority:
Vic Schroter
Director, Section 47.5 Environmental Protection Act
Environmental Approvals Branch
2 St. Clair Avenue West
Floor 12A
Toronto Ontario
M4V 1L5
Phone: 416-314-8573

Proponent:
wpd Napier Wind Incorporated
2233 Argentia Rd, No. 102
Mississauga, Ontario
L5N 2X7

An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.

Further information is provided on the ERT’s website at: http://www.ert.gov.on.ca/english/guides/index.htm. 

If you have any questions about the hearing process please consult a lawyer or contact the ERT.

Public Consultation on the proposal for this decision was provided for 45 Days, from May 22, 2013 to July 06, 2013.

As a result of public consultation on the proposal, the Ministry received a total of 13 comments: 0 comments were received in writing and 13 were received online.

Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.

A selection of these comments are available:

All comments received were reviewed by the ministry and considered during the review of the application. These concerns and comments have been summarized below:

Natural Heritage / Environment

Ministry of Natural Resources (MNR) staff have reviewed the necessary natural heritage reports for the Napier Wind Project and provided their confirmation letter (dated September 6, 2012 as an addendum to the original confirmation letter dated March 27, 2012) for wpd Napier Wind Incorporated’s (the Company) Natural Heritage Assessment (NHA). The March 27, 2012 letter confirms that the Company used appropriate evaluation criteria or procedures accepted by the MNR for the:

• determination of the existence and boundaries of natural features;
• preparation of the site investigation and records review;
• evaluation of the significance or provincial significance of the natural features;
• determination that the project location is not in a provincial park or conservation reserve; and
• preparation of the environmental impact assessment report.

The September 6, 2012 letter confirms that upon the Company’s elimination of the feeder line from the project, the project no longer requires an environmental impact study report be prepared as there are no longer any significant natural features identified within 120 m of the project location, and MNR is satisfied that the NHA requirements of O.Reg.359/09 have been met.

Consultation

Opportunity for public comment on this project has been provided since 2011.

In addition, the Ministry of the Environment (MOE) posted the proposal for the project on the Environmental Registry, allowing for a total of 45 days for public comment directly to the ministry. Most proposals for instruments are posted on the Environmental Registry for 30 days.

The applicant accepted and replied to communications received (e-mails, phone calls, letters, faxes or public meeting feedback forms) as documented in their Consultation Report submitted with the Renewable Energy Approval (REA) application. A telephone number and e-mail address were also provided in order to accept communications.

MOE is committed to ensuring that renewable energy applicants are good neighbours when situating a new wind facility in a local community. In order to address concerns raised about wpd Napier Wind Incorporated, the MOE has included a condition to create a Liaison Committee for the Napier Wind Project. This Liaison Committee will be made up of individuals in the community and wpd Napier Wind Incorporated representatives. The aim of the committee will be to keep the lines of communication open during the implementation of the Napier Wind Project, deal with issues that arise during implementation and report on an annual basis to the MOE.

Health and Safety

The Ontario Chief Medical Officer of Health’s report concluded that scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. Scientific evidence to date indicates that, at the typical setback distances in Ontario, there is no direct health risk from wind turbine noise, including low frequency noise and infrasound.

The MOE has built safety requirements into O. Reg. 359/09. For wind facilities, a proponent must meet section 53 of O. Reg. 359/09, which prohibits a proponent to place a turbine closer than the height of the turbine to a property boundary. The proponent prepared a Property Line Setback Assessment (PLSA), as one turbine is closer than the hub height.

MOE staff have reviewed the PLSA and determined that it meets regulatory requirements. Further, a condition has been imposed on the REA to operate and maintain the facility in accordance with good engineering practices and as recommended by the equipment suppliers.

Birds and Bats

Ontario’s REA process includes clear requirements to ensure consideration and protection for natural heritage features, including 120 m setbacks to significant bird and bat habitats. The process also includes requirements for monitoring and mitigation of potential negative effects to birds, bats and their habitats. The developer must identify any negative impacts the renewable energy project may have to natural features and develop measures to mitigate those effects.

An Environmental Effects Monitoring Plan (EEMP) for bird and bat monitoring has been completed and provided to MNR for review and comment. Conditions have been included in the approval for wpd Napier Wind Incorporated to implement its EEMP for birds and bats as submitted as part of the application, and to implement mitigation and monitoring as outlined in the EEMP.

The bird and bat monitoring plan has been developed in accordance with MNR guidelines. This monitoring plan has been reviewed and approved by the MNR.

Setbacks

The range of setback distances for wind facilities with one or more specified turbine is provided in the table in Section 55 of O.Reg.359/09. The table of noise setbacks is used to illustrate the closest distance the base of any turbine can be from the nearest noise receptor. The minimum setback distance of 550 metres (m) must be met in all cases and greater numbers of turbines may result in higher required setback distances applied to the nearest turbine. Proponents are also given the option of conducting a noise study to prove that siting turbines closer than the setback distances (but no closer than 550 m) in the table to Section 55 of O. Reg. 359/09 will not cause adverse effects. Such a study must be prepared in accordance with the MOE’s Noise Guidelines for Wind Farms (2008) and must be submitted as part of the REA application.

For this project, the applicant completed a noise impact assessment that was reviewed by MOE. It was concluded that the applicant has met and is in compliance with all applicable sound level limits as identified in MOE’s Noise Guidelines for Wind Farms (2008).

The setback distances are based on the MOE’s conservative sound level limit of 40 dBA at the nearest noise receptor. This stringent 40 dBA sound level limit has been used in Ontario for the approval of industrial facilities built in rural areas for the past 30 years. Furthermore, this sound level limit is consistent with the World Health Organization’s recommendation that the outdoor annual average night sound level should not exceed 40 dBA.

The project meets the minimum 550 m setback distance from all receptors and is compliant with O. Reg. 359/09.

Loss of Agricultural Land

The role of the MOE, with respect to energy proposals, is to ensure that they comply with regulations that have been put in place to protect human health and the environment. The Ministry of Energy takes the lead on the development of renewable energy projects, and the Ontario Power Authority (OPA) issues contracts under the province’s Feed-In Tariff (FIT) program to purchase power. The FIT contracts awarded to project developers restrict the development of solar facilities on prime agricultural lands, e.g. Class 1 and Class 2 agricultural land, as determined by the OPA, in consultation with the Ontario Ministry of Agriculture and Food. However, no such restriction exists for wind facilities, and the development of wind turbines on agricultural land is determined by the developer in collaboration with the landowners.

Wind turbines occupy only a small fraction of the land they are sited on, and farming or grazing may continue undisturbed.

Ancillary Infrastructure

The MOE understands that the proponent’s preference is to place the collector lines underground. However, the proponent is still working with the County and Township to determine how the collector lines will be built and the associated details.

The MOE recognizes the importance of local interest with respect to specific matters related to municipal land, infrastructure, services and information. For this reason, an applicant of a renewable energy must consult with local municipalities.

Livestock

With respect to livestock, there is some potential for stray voltage to occur on farms connected to any electricity distribution system and is not unique to systems located near renewable energy projects. The ministry has developed guidance instructing proponents to identify in their REA application any potential for their project to contribute to stray voltage on nearby farms, as well as to describe how they will work with the local distribution company to investigate and address reports of stray voltage. Ontario’s Distribution System Code requires distributors to investigate reports of stray voltage on farms and to take corrective action to reduce levels as necessary.

Health Canada Study / Moratorium

When developing the REA regulation, MOE drew upon extensive existing scientific research from around the world. Reviewing a large body of peer-reviewed reports and studies enabled MOE to develop a regulation that was based on the best available science to protect human health and the environment. MOE continues to review emerging scientific and engineering studies to ensure Ontario's REA regulation remains in line with the latest and best in science.

Efficiency

The Province of Ontario has identified wind as one component of a diversified energy mix for the province, as identified in Ontario’s Long-Term Energy Plan. The OPA, the agency responsible for supply procurement, and the Independent Electricity System Operator (IESO), the agency responsible for the reliability of Ontario electricity system, have both researched, modeled and proposed a target for wind (10% by 2030) that ensures an efficient and reliable system supply to meet Ontario electricity demands while satisfying the Government’s and the Ontario public’s goals for new supply.

Noise

MOE noise engineers have reviewed the Acoustic Assessment Report provided by the applicant and have confirmed that the project will meet the ministry’s standards for wind facilities. Further, the noise impact assessment and the project have met the requirements of O.Reg.359/09.

The noise impact assessment was carried out in accordance with “Noise Guidelines for Wind Farms”, MOE, 2008.

If the public has any noise concerns, incidents to report, or has any complaints they would like to raise relating to a wind facility operation, they should contact their local MOE district or area office. The MOE is committed to providing timely services for receiving, assessing, and coordinating responses to all complaints related to potential environmental incidents (including those from wind facilities). The MOE’s first level of field response is provided by environmental officers working out of the MOE’s district or area offices.

Shadow Flicker

During the development of the REA regulation, O.Reg.359/09, the ministry explored the issue of shadow flicker produced by wind turbines. It was determined, based on the research and studies reviewed, that any potential impacts could be mitigated through proper siting of the turbines and potentially additional landscape and/or artificial screening. As such, shadow flicker was accounted for in the regulated setbacks distances to property lines and noise receptors.

Competence/Accountability

Each REA application accepted by the MOE is carefully reviewed by a team of inter-ministerial experts that includes project evaluators, engineers, scientists and technical experts from the MOE, the Ministry of Tourism, Culture and Sport (MTCS), and the MNR. The review team: ensures the application satisfies all regulatory requirements; reviews all submitted reports, including the Consultation Report; and considers all comments submitted to the MOE prior to making a decision on the application. A significant part of the REA review process is the consideration of how the applicant addressed municipal, public and Aboriginal community concerns raised during the pre-application consultation process and the direct municipal, public and Aboriginal community input received during the review process.

Support for the project

Comment noted and considered.

Note – This is the end of the decision notice. Please disregard the “Leave to Appeal Provisions” section below.

Any resident of Ontario may seek leave to appeal this decision, by serving written Notice, within 15 days of December 03, 2013 upon all of the following:

Secretary
Environmental Review Tribunal
655 Bay Street
Floor 15
Toronto
M5G 1E5
Phone: (416) 212-6349
Fax: (416) 326-5370
Toll Free Phone: (866) 448-2248

Environmental Commissioner of Ontario
1075 Bay Street
Suite 605
Toronto Ontario
M5S 2B1
Phone: (416) 325-3377
Toll Free Phone: (800) 701-6454

Vic Schroter
Director, Section 47.5, Environmental Protection Act
Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 314-8573
Toll Free Phone: (800) 461-6290

wpd Napier Wind Incorporated
2233 Argentia Road
No. 102
Mississauga Ontario
Canada L5N 2X7

An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.

Further information is provided on the ERT’s website at: http://www.ert.gov.on.ca/english/guides/index.htm

If you have any questions about the hearing process please consult a lawyer or contact the ERT.

The attached Certificate document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version.

Ramona Afante
Senior Project Evaluator
Ministry of the Environment
Operations Division
Environmental Approvals Branch
Approval Services
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 325-3306
Fax: (416) 314-8452
Toll Free Phone: (800) 461-6290

27904 Brown Road
Township of Adelaide Metcalfe, County of Middlesex

TOWNSHIP OF ADELAIDE-METCALFE

London District Office
733 Exeter Road
London Ontario
N6E 1L3
Phone: (519) 873-5000
Toll Free Phone: (800) 265-7672

Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 314-8001
Toll Free Phone: (800) 461-6290