Renewed request for Environmental Statement

July 2, 2019

EXPRESS MAIL

U.S. Army Corps of Engineers
New England District
696 Virginia Road
Concord, MA 01742

Attn: Alex Kostra

alexander.a.kostra@usace.army.mil

Re: File No. NAE-2016-00505. Response to Public Notice - Request for an Environmental Impact Statement (EIS) and Public Hearing - Invenergy Thermal Development LLC's Proposed Clear River Energy Center (CREC) and Burrillville Interconnect Project (BIP) Burrillville, Rhode Island -

Dear Mr. Kostra:

I am writing on behalf of my client, the Town of Burrillville, Rhode Island ("the Town") to provide commentary on a Clean Water Act ("CWA") Section 404 Wetlands Application ("the application") (fi le No. NAE-2016-00505) to the U.S. Army Corps of Engineers - New England District Regulatory Division ("ACOE-NED"). The application was submitted by Invenergy Thermal Development LLC (the "Applicant") for the proposed construction of the Clear River Energy Center (CREC) proposed off Wallum Lake Road in Burrillville, Rhode Island. Construction of the facility as proposed would involve work within watercourses and vegetated wetlands resulting in direct and indirect impacts to waters of the United States. The Town and various stakeholders share several concerns related to the adverse impacts to the environment that the construction and operation of this plant would have should this application be approved without due regard to its environmental impacts.

...

SUMMARY

In summation, the approval by permit of wetland impacts via the Section 404 process of the CWA would constitute a major federal action and is, therefore, subject to compliance with NEPA. Since the proposed action does not qualify for a Department of Defense Categorical Exclusion23 under NEPA, the impacts must be addressed via either an Environmental Assessment or an Environmental Impact Statement. Strong evidence has been presented during the RIEFSB hearing regarding the CREC faci lity that demonstrates that adverse impacts to natural resources in both the upland and wetland environments are significant and cannot be mitigated by merely replacing the lost acreage of wetland cover types either on-site or offsite. Other facts presented above point to the conclusion that a Finding of No Significant Impact, which is one of possible outcomes of the EA process under NEPA, is not substantively possible for this project and an EIS is necessary.

Town of Burrillville
105 Harrisville Main St.
Harrisville, RI  02830
401-568-4300
townclerk@burrillville.org