DEQ PERMITS FOR WIND ENERGY PLANTS
(February 2003)
DEQ administers no permits specifically for wind plants as energy facilities. Certain other permits will be necessary, depending on the locations of the roads, turbines and power lines.
A wind plant will need to follow permitting requirements for the storm water discharges associated with construction activity. These are detailed at http://www.deq.mt.gov/wqinfo/MPDES/StormwaterConstruction.asp. If you need more information, contact Brian Heckenberger (406-444-5310; bheckenberger@mt.gov). This process does not require DEQ prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS).
Construction activity impinging on streams or wetlands or occurring on floodplains may be regulated. A list of the potential permits may be found at http://www.deq.mt.gov/wqinfo/WaterDischarge/Index.asp. The Stream Permitting guide at http://www.dnrc.mt.gov/permits/default.asp is a useful starting point for determining what permits are needed. Often, thoughtful design and careful construction plans for a plant can reduce or eliminate the need to obtain these permits.
A plant may need to apply for a Major Facility Siting Act certificate if it requires a new electric transmission line with a design capacity of more than 69 kilovolts. However, lines 10 miles or less in length and with a design capacity of 230 kilovolts or less are exempt for the Act. Contact Tom Ring (406-444-6785, tring@mt.gov) for further information.
An open cut permit would be necessary if you take gravel from the site for construction. However, if you plan to hire a contractor, it is possible that he would already have the necessary permits.
Other agencies also may require permits for wind development. Some issues likely to be significant are bird and bat concerns, under the jurisdiction of US Fish and Wildlife Service; zoning issues, under the local government; and granting of a lease to use state lands, under the Montana Department of Natural Resources and Conservation. You should contact these and other agencies to learn what concerns they have if any.
The list of all DEQ permits that might be relevant to a wind plant, depending on location, is shown below. A list of permits other agencies may require can be found here: http://www.deq.mt.gov/energy/Renewable/WindWeb/OtherAgencyWindPermitsWeb.htm
| Permit/Approval Name | Nature of Permit | Authority |
|---|---|---|
| Section 401 Water Quality Certification | Provides a review of potential adverse water quality impacts potentially associated with discharges of dredged or fill materials in wetlands and other waters of the U.S. | Section 401 of the Clean Water Act |
| MPDES Wastewater Discharge Permit | Permits construction and industrial activities that would result in the discharge of wastewater to waters of the state. | Montana Water Quality Act (75-5-401 et seq., MCA) |
| General Discharge Permit for Storm Water Associated with Construction Activity | Submit Notice of Intent for coverage under General Permit to authorize storm water discharges to surface waters of the state associated with the construction activities | Montana Water Quality Act (75-5-401 et seq., MCA) |
| General Permit for Storm Water Discharges Associated with Industrial Activity | Permits storm water discharges from qualifying industrial activities | Montana Water Quality Act (75-5-401 et seq., MCA) |
| Montana Joint Application: 310 Permit | Permits construction activities in or near perennial streams on public and private lands. | Montana Natural Streambed and Land Preservation Act (75-7-101 et seq., MCA) |
| Certificate of Environmental Compatibility | Authorizes construction and operation of certain transmission lines with a design capacity greater than 69 kV. | Major Facility Siting Act (75-20-101 et seq., MCA) |
| Montana Joint Application: Floodplain Development Permit | Allows construction activities within a designated 100-year floodplain. | Montana Floodplain and Floodway Management Act (76-5-401 through 406, MCA) |
| Montana Joint Application: 318 Authorization short-term turbidity | Authorizes short-term exemptions from certain surface water quality standards. | Montana Water Quality Act (75-5-101, MCA) |
| Public Water Supply Approval | Review of engineering plans and specifications for a new public water supply for more than 25 people daily for period of at least 60 days in a one-year period. | 75-6-112, MCA: Plan Review and Approval |
| Open Cut Permit (if new gravel sources are needed for the project) | Permit to excavate 10,000 cubic yards or more total aggregate from one or more pits regardless of surface ownership. | Open Cut Mining Act (84-4-401 et seq., MCA) |