Amendment to Renewable Energy Approval (REA) No. 4353-9HMP2R for Niagara Region Wind Farm

This is an amendment to Renewable Energy Approval No. 4353-9HMP2R issued to 1021702 B.C. Ltd., as general partner for and on behalf of FWRN LP (“FWRN LP”) for the Niagara Region Wind Farm. This amendment will make an administrative change within the approval to outline daytime and nighttime operation requirements for wind turbine T08 at the facility.

Measuring noise levels and achieving compliance

The Ministry of the Environment, Conservation and Parks’ Compliance Protocol for Wind Turbine Noise describes the assessment procedure for long-term 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 once a facility begins operating to indicate whether it meets the ministry’s noise limits. There are two types of acoustic audits:

• emission audits (E-audits) measure noise levels taken at the source of noise such as wind turbines
• immission audits (I-audits) measure noise levels at receptors such as residential homes

A Noise Abatement Action Plan (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.

When the I-audit was completed at the Niagara Region Wind Farm in 2018, the measured noise levels were found to be out of compliance with the ministry’s allowable noise level limits at one receptor (known as receptor O0085). FWRN LP, in partnership with the wind turbine manufacturer Enercon, undertook a NAAP, which was approved by the ministry. The NAAP was found to be effective (with the exception of a certain mode of operation) during an I-audit that was conducted. The NAAP has since been updated to remove the ineffective mode of operation and replaced with a different mode of operation to reduce potential noise to meet ministry noise level limits.

The updated NAAP was implemented at the Niagara Region Wind Farm in 2019 to address the non-compliant noise impact at receptor O0085. The August 27, 2021, I-audit report addressed all outstanding issues at receptor O0085. The wind facility has now demonstrated compliance in all required I-audits.

Daytime and nighttime operation requirements

The Renewable Energy Approval has been amended to update Schedule A of the approval to reflect:

• allowed daytime operation of wind turbine T08
• allowed nighttime operation of wind turbine T08

During the daytime hours from 7:00 am to 7:00 pm, wind turbine T08 must operate at a maximum sound power level of 104.8 dBA at 3.0 megawatts.

During the nighttime hours of 7:00 pm to 7:00 am, wind turbine T08 must operate:

• at a maximum sound power level of 104.8 dBA at 3.0 megawatts when the wind direction is in a certain range
• at a maximum sound power level of 101.6 dBA at 1 and 1.5 megawatts when the wind direction is in a different range

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 the daytime and nighttime operations of wind turbine T08 reduces the amount of noise generated and is considered an added protection.

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

The Class 4 wind facility, known as the Niagara Region Wind Farm, is located in the Townships of West Lincoln and Wainfleet and the Town of Lincoln within Niagara Region and Haldimand County.

Third-party hearing provisions

Any resident of Ontario may require a hearing by the Ontario Land 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 am – 5:00 pm, Monday – Friday
Tel: (416) 212-6349 or toll free (866) 448-2248
TTY: (800) 855-1155 vi Bell relay

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

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

Issuing authority

Miroslav Ubovic, P. Eng.
Director, Section 47.5, Environmental Protection Act
Environmental Permissions Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (437) 216-7610
Toll-Free Phone: (800) 461-6290
Email: enviropermissions@ontario.ca

Proponent

1021702 B.C. Ltd., as general partner for and on behalf of FWRN LP
c/o Pascal Hurtubise, Secretary
36 Lajeunesse Street
Kingsey Falls, QC J0A 1B0
Email: pascal.hurtubise@boralex.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/