ERVING — A special permit application for the French King Solar project was approved by the board of selectmen acting in their capacity as water commissioners in a public hearing on Tuesday, Aug. 21. The 6.45 megawatt 60-acre facility will be located at 129 French King Highway.
The water commissioners approved the special permit application with contingencies including adding tree replacement to the vegetation plan when the facility is decommissioned, vegetable oil will be used to power transformers on site, soil testing to assure the storm water management plan is accurate to the site and others in the joint meeting with the Conservation Commission.
The public hearing for the conservation commission was continued to Monday, Sept. 10 at 7:30 p.m. with updates regarding concerns about a stream located on the southern side of the property.
The French King Solar facility is a private solar project, but the conservation commission and water commission became involved because of the location which is on a Zone I groundwater area.
There were concerns about the stream from the conservation commission.
Chairman of the Conservation Commission, David Brule, said he spoke with two consultants, Emily Stockman and Mark Stinson, who identified concerns about the stream.
“Her (Stockman’s) feeling is that the proponent did not overcome the presumption required for the change of status to an intermittent stream,” said Brule. “So we are a still at a place where we need further documentation. This came from Emily Stockman and a person from DEP. In my mind means further documentation should be provided or the project parameters should be changed to effect the setback.”
If the stream is not found intermittent, the site plan would need to change because the setback would need to be 200 feet from the street rather than 100 hundred feet, according to the water commissioners.
Steven Herzog, of AMEC, asked why they did not find the documentation provided was sufficient.
“With all due respect, regardless of the reason, the channel is dry so it’s not a perennial stream,” Herzog said. “If it doesn’t show evidence of being a wetland, it’s not a wetland. Therefore, it’s an intermittent stream. It may contain water during periods of storm water flow, but a perennial stream flows every day, all year long.”
Stinston said the photos provided by the engineering firm, AMEC, were not in compliance to the DEP regulations of proving the stream was, in fact, intermittent rather than a continuously flowing stream.
“Photos alone are not in compliance with the regulations,” Stinson said. “You have to prove that it’s not affected by water supply by well. I have no idea whether the water supply well impacts or draws down the stream. You also have to show its not affected by direct withdrawals or other human made flow reductions or diversions.”
Brule said he thought it would be best for AMEC to provide the conservation commission with a video of a walk-through of the channel.
Water Superintendent, Peter Sanders, agreed to go with the AMEC engineers to walk the stream.