Amendment to Renewable Energy Approval (REA) No. 5272-A9FHRL for North Kent Wind Project

This is an amendment to existing Renewable Energy Approval No. 5272-A9FHRL. This amendment will make an administrative change within the approval to outline daytime and nighttime operation requirements for the North Kent Wind Project.

The Ministry of the Environment, Conservation and Parks’ Compliance Protocol for Wind Turbine Noise describes the measurement procedure for long term acoustic measurements of wind turbine noise that is normally required of wind facility operators through conditions of approval for post-construction acoustic audits.

Acoustic audits are included as a condition in most wind facility Renewable Energy Approvals and are conducted at wind facilities to indicate whether it meets the ministry’s noise limits. Emission audits (E-audits) measure noise levels taken at the source of noise such as wind turbines, whereas immission audits (I-audits) measure noise levels at receptors such as residential homes.

The ministry reviewed the I-audits submitted for the North Kent Wind Project and found that there was an exceedance of the ministry’s noise limits of 1 dB at a receptor. In accordance with the Compliance Protocol for Wind Turbine Noise, the wind facility operator was required to prepare a Noise Abatement Action Plan (NAAP) in response to the exceedance.

A NAAP is a noise abatement program developed by the owner/operator of a wind facility to achieve compliance with the noise limits set out in section D6 of the Compliance Protocol for Wind Turbine Noise. The NAAP must be reviewed and approved by the ministry before it is incorporated into the wind facility.

The NAAP for the North Kent Wind Project addresses the nighttime operation of turbines T03 and T04 and concluded that T03 and T04 must continue to operate at the -3.0 dB operating mode during the nighttime to meet the ministry’s noise limits. Daytime operation is defined in the NAAP as 07:00 to 19:00 and nighttime operation is 19:00 to 07:00.

As the Renewable Energy Approval for the North Kent Wind Project that was issued on June 29, 2016 did not describe the operation of T03 and T04 with the NAAP implemented, the Director has amended the Renewable Energy Approval on October 19, 2019 on his own initiative to update Schedule A and B of the approval for operation of turbines T03 and T04.

No new environmental effects are expected beyond those that were previously identified, documented and consulted on through the renewable energy approval process. Amending the renewable energy approval to outline daytime and nighttime operations is considered an added protection.

Re-confirmation letters from the Ministry of Natural Resources and Forestry and the Ministry of Heritage, Sport, Tourism and Culture Industries are not required because the changes did not result in relocating any project components beyond the project location that was already assessed.

This Class 4 wind facility, known as the North Kent Wind Project, is located within an area generally bounded by Oldfield Line to the north, Bear Line Road to the west, Pioneer Line and Pine Line/Darrell Line to the south and Centre Side Road and Caledonia Road to the east, in the Municipality of Chatham-Kent.

Third party hearing provisions

Any resident of Ontario may require a hearing by the Ontario Lands Tribunal (OLT) within 15 days after the date this decision is loaded to the Environmental Registry by written notice served upon all of the following:

Appellate body

In response to COVID-19, all in-person service counters are closed until further notice. Where possible, please use email to contact the OLT:

Document Submission: OLT.Registrar@ontario.ca

General Inquiries: OLT.General.Inquiry@ontario.ca

Telephone Contact Hours: 8:30 a.m. – 5:00 p.m., Monday – Friday
Tel: (416) 212-6349 or toll free (866) 448-2248
TTY: (800) 855-1155 via Bell relay

If submitting in hard copy, applications should be addressed to:

Ontario Lands Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario M5G 1E5

Issuing authority

Denton Miller, P. Eng.
Director, Section 47.5, Environmental Protection Act
Environmental Permissions Branch
135 St. Clair Avenue West, Floor 1
Toronto, Ontario M4V 1P5
Phone: (416) 725-2157
Toll Free Phone: (800) 461-6290
Email: enviropermissions@ontario.ca

Proponent

North Kent Wind 1 GP Inc., as general partner for and on behalf of North Kent Wind 1 LP
c/o Robert Campbell
Pattern Energy Group Inc.
1201 Louisiana St., Suite 3200
Houston, Texas 77002
United States of America
Email: Robert.Campbell@patternenergy.com

An applicant for a hearing shall state in the notice requiring the hearing:

1. A description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause either:

• serious harm to human health
• serious and irreversible harm to plant life, animal life or the natural environment

2. The portion of the renewable energy approval in respect of which the hearing is required
3. The relief sought.

Further information is provided on the OLT’s website at:
https://olt.gov.on.ca/about-olt/