RAPID/Roadmap/7-VT-a
Vermont Small Hydropower Assistance Program (7-VT-a)
Small Hydropower Assistance Program Process
7-VT-a.1 to 7-VT-a.2 — Is the Project a New Project that Meets the Small-Low-Impact Screening Criteria?
Proposals for new hydroelectric projects, in Vermont, that meet the Small Hydropower Screening Criteria for limited resource impacts may be eligible for the Vermont Small Hydropower Assistance Program. A developer must demonstrate that the project meets all of the following criteria to qualify for a multi-agency site visit:
- The project will not be located on Class A waters, Outstanding Resource Waters, or federal or state protected river reaches. A list of Class A and Outstanding Resource Waters is available on the Vermont Agency of Natural Resources Natural Resources Atlas;
- The project will be located at an existing dam, or the project will not require a dam or other impoundment;
- The project will be located on lands controlled by the applicant (developer) or will otherwise demonstrate support from adjoining landowners;
- The project will not increase the impoundment elevation;
- The project will be operated as a true run-of river project. “A true run-of-river project is one which does not operate out of storage and, therefore, does not artificially regulate streamflows below the project’s trailrace. Outflow from the project is equal to inflow to the project’s impoundment on an instantaneous basis.” Vermont Small Hydropower Assistance Program Screening Criteria Summary and Application Instructions;
- The project will have proposed bypass flows that will meet hydrologic standards as defined by the Vermont Agency of Natural Resources Procedure for Determining Acceptable Minimum Stream Flows and Questions and Answers on the New England Flow Policy.
OR
- Where the project creates virtually no bypass (tailrace discharges at the dam or into plunge pool close to the dam such that adequate circulation is maintained) and will have a spillage proposal of at least 7Q10 drought flow. “7Q10 refers to the lowest average streamflow expected to occur for seven (7) consecutive days with an average frequency of once in ten years. If the stream is a gaged stream, ANR can supply this statistic. If not, use 0.1 csm, the statewide value.” Vermont Small Hydropower Assistance Program Summary and Application Instructions, p. 2
Vermont Small Hydropower Assistance Program Screening Criteria Summary and Application Instructions.
7-VT-a.3 — Small Hydropower Assistance Program Application
If the developer meets the Small Hydropower Screening Criteria they should submit a complete Vermont Small Hydropower Assistance Program Application to the Vermont Public Service Department.
7-VT-a.4 to 7-VT-a.5 — Review Application Materials for Completeness
The Department will review the Application for technical and administrative completeness. Vermont Small Hydropower Assistance Program Screening Criteria Summary and Application Instructions, p. 2.
7-VT-a.6 — Conduct Site Visit
After the Department determines that the Application is administratively complete and complies with the required screening criteria (technically complete), the Department, ANR and SHPO will contact the applicant (developer) to schedule a multi-agency site visit within in 30 days of receiving a complete application. Vermont Small Hydropower Assistance Program Screening Criteria Summary and Application Instructions, p. 2.
During the site visit the Department, ANR and SHPO representatives will assess potential cultural and natural resources issues raised by the project. Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary.
7-VT-a.7 — Site-Specific Determination
The Department, ANR and SHPO will make a site-specific determination based on the site visit and application materials. The site-specific determination will dictate whether the project qualifies for enhanced assistance (e.g., waiving pre-filing consultation, supporting shorter comment periods, and/or issuing a letter to FERC indicating that agency requirements are satisfied, as appropriate in each circumstance) provided by the Small Hydropower Assistance Program. Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary.
The project must meet the following resource agency determinations (made based on the site-visit) in order to qualify for enhanced assistance:
- ANR must determine that the project will:
- Not threaten or endanger species;
- Not significantly alter site aesthetics;
- Not be located where there is a bypass of high habitat value;
- Have spillage adequate enough to address aesthetics;
- Not require fish passage facilities; and
- Comply with Vt. Stat. Ann. tit. 10 § 1023(a).
In addition, where there are direct or indirect impacts to historic and archaeological resources, projects are reviewed on a case-by-case basis by the State Historic Preservation Office (SHPO), and adhere to recommendations made by that office. For more information on direct and indirect impacts, see Vermont Agency of Commerce and Community Development’s Criteria for Evaluating the Effect of Proposed Telecommunications Facilities, Transmission Lines, and Wind Power Facilities on Historic Resources.
Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary.
The Department, ANR and SHPO will notify the applicant (developer) within 30 days of the site visit of the site-specific determination. The determination will advise the applicant (developer) of potential cultural and natural resource issues that the developer will need to address in the 401 Water Quality Certification and FERC processes. Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary.
7-VT-a.8 to 7-VT-a.9 — Has the Developer Addressed the Cultural and Natural Resource Issues Raised?; Joint Letter to FERC (if applicable)
The developer must address the potential cultural and natural issues raised by the Department, ANR and SHPO in order to qualify for enhanced assistance by the state agencies. Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary. The Department, ANR and SHPO will issue a joint letter to FERC, if the applicant (developer) has satisfactorily addressed any cultural and natural resource issues raised by the agencies. The joint letter would “indicate that state agency concerns have been satisfactorily resolved, agreeing to waive scoping and/or pre-filing consultation, and potentially supporting shorter comment periods in the FERC process.” Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary.
“The timing and scope of the joint letter is determined on a case-by-case basis and is dependent upon the natural and cultural resource issues raised by the project and the steps that have been taken by the applicant (developer) to address those concerns.” Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary.
Agencies
Contact Information
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Regulations
References
- Vermont Small Hydropower Assistance Program Overview
- Vermont Small Hydropower Assistance Program Screening Criteria Summary and Application Instructions
- Vermont Small Hydropower Assistance Program Site-Specific Determinations Summary
- Vermont Agency of Natural Resources Natural Resources Atlas
- Vermont Agency of Natural Resources Procedure for Determining Acceptable Minimum Stream Flows
- Questions and Answers on the New England Flow Policy
- Vermont Agency of Commerce and Community Development’s Criteria for Evaluating the Effect of Proposed Telecommunications Facilities, Transmission Lines, and Wind Power Facilities on Historic Resources
- Vermont - Act 165 Report
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Vermont Department of Public Service
Renewable Energy Development Director
802-828-3058
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Vermont Division for Historic Preservation
State Preservation Officer
802-828-3222
us/staff Visit Website