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Minnesota Legislature

Office of the Revisor of Statutes

7854.0500 SITE PERMIT APPLICATION CONTENTS.

Subpart 1.

Applicant.

An applicant for a site permit must provide the following background information regarding the applicant:

A.

a letter of transmittal signed by an authorized representative or agent of the applicant;

B.

the complete name, address, and telephone number of the applicant and any authorized representative;

C.

the signature of the preparer of the application if prepared by an agent or consultant of the applicant;

D.

the role of the permit applicant in the construction and operation of the LWECS;

E.

the identity of any other LWECS located in Minnesota in which the applicant, or a principal of the applicant, has an ownership or other financial interest;

F.

the operator of the LWECS if different from the applicant; and

G.

the name of the person or persons to be the permittees if a site permit is issued.

Subp. 2.

Certificate of need or other commitment.

A.

The applicant shall state in the application whether a certificate of need for the system is required from the commission and, if so, the anticipated schedule for obtaining the certificate of need. The commission shall not issue a site permit for an LWECS for which a certificate of need is required until the applicant obtains the certificate, although the commission may process the application while the certificate of need request is pending before the commission.

B.

The commission may determine if a certificate of need is required for a particular LWECS for which the commission has received a site permit application.

C.

If a certificate of need is not required from the commission, the applicant shall include with the application a discussion of what the applicant intends to do with the power that is generated. If the applicant has a power purchase agreement or some other enforceable mechanism for sale of the power to be generated by the LWECS, the applicant shall, upon the request of the commission, provide the commission with a copy of the document.

Subp. 3.

State policy.

The applicant shall describe in the application how the proposed LWECS project furthers state policy to site such projects in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources.

Subp. 4.

Proposed site.

The applicant shall include the following information about the site proposed for the LWECS and any associated facilities:

A.

the boundaries of the site proposed for the LWECS, which must be delineated on a United States Geological Survey Map or other map as appropriate;

B.

the following characteristics of the wind at the proposed site:

(1)

interannual variation;

(2)

seasonal variation;

(3)

diurnal conditions;

(4)

atmospheric stability, to the extent available;

(5)

turbulence, to the extent available;

(6)

extreme conditions;

(7)

speed frequency distribution;

(8)

variation with height;

(9)

spatial variations; and

(10)

wind rose, in eight or more directions;

C.

other meteorological conditions at the proposed site, including the temperature, rainfall, snowfall, and extreme weather conditions; and

D.

the location of other wind turbines in the general area of the proposed LWECS.

Subp. 5.

Wind rights.

The applicant shall include in the application information describing the applicant's wind rights within the boundaries of the proposed site.

Subp. 6.

Design of project.

The applicant shall provide the following information regarding the design of the proposed project:

A.

a project layout, including a map showing a proposed array spacing of the turbines;

B.

a description of the turbines and towers and other equipment to be used in the project, including the name of the manufacturers of the equipment;

C.

a description of the LWECS electrical system, including transformers at both low voltage and medium voltage; and

D.

a description and location of associated facilities.

Subp. 7.

Environmental impacts.

An applicant for a site permit shall include with the application an analysis of the potential impacts of the project, proposed mitigative measures, and any adverse environmental effects that cannot be avoided, in the following areas:

A.

demographics, including people, homes, and businesses;

B.

noise;

C.

visual impacts;

D.

public services and infrastructure;

E.

cultural and archaeological impacts;

F.

recreational resources;

G.

public health and safety, including air traffic, electromagnetic fields, and security and traffic;

H.

hazardous materials;

I.

land-based economics, including agriculture, forestry, and mining;

J.

tourism and community benefits;

K.

topography;

L.

soils;

M.

geologic and groundwater resources;

N.

surface water and floodplain resources;

O.

wetlands;

P.

vegetation;

Q.

wildlife; and

R.

rare and unique natural resources.

The analysis of the environmental impacts required by this subpart satisfies the environmental review requirements of chapter 4410, parts 7849.1000 to 7849.2100, and Minnesota Statutes, chapter 116D. No environmental assessment worksheet or environmental impact statement shall be required on a proposed LWECS project.

Subp. 8.

Construction of project.

The applicant shall describe the manner in which the project, including associated facilities, will be constructed.

Subp. 9.

Operation of project.

The applicant shall describe how the project will be operated and maintained after construction, including a maintenance schedule.

Subp. 10.

Costs.

The applicant shall describe the estimated costs of design and construction of the project and the expected operating costs.

Subp. 11.

Schedule.

The applicant shall include an anticipated schedule for completion of the project, including the time periods for land acquisition, obtaining a site permit, obtaining financing, procuring equipment, and completing construction. The applicant shall identify the expected date of commercial operation.

Subp. 12.

Energy projections.

The applicant shall identify the energy expected to be generated by the project.

Subp. 13.

Decommissioning and restoration.

The applicant shall include the following information regarding decommissioning of the project and restoring the site:

A.

the anticipated life of the project;

B.

the estimated decommissioning costs in current dollars;

C.

the method and schedule for updating the costs of decommissioning and restoration;

D.

the method of ensuring that funds will be available for decommissioning and restoration; and

E.

the anticipated manner in which the project will be decommissioned and the site restored.

Subp. 14.

Identification of other permits.

The applicant shall include in the application a list of all known federal, state, and local agencies or authorities, and titles of the permits they issue that are required for the proposed LWECS.

Statutory Authority:

MS s 116C.695; 216F.05

History:

26 SR 1394; L 2005 c 97 art 3 s 19

Published Electronically:

October 13, 2009