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Dec Endangered Species Letters

Dec Endangered Species Letters

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Published by pandorasboxofrocks
DEC letters to town supervisors of Cape Vincent NY & Clayton NY.
RE: Industrial Wind Development and impact on endangered species- [Indiana Bat & Blanding Turtle]
DEC letters to town supervisors of Cape Vincent NY & Clayton NY.
RE: Industrial Wind Development and impact on endangered species- [Indiana Bat & Blanding Turtle]

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Published by: pandorasboxofrocks on Aug 31, 2010
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08/31/2010

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New
York
State Department
of
Environmental
Conservatio
BUREAU
OF
FISH WILDLIFE
AND
MARINE
RESOURCES
5TH
FLOOR
317
WASHINGTON
ST.
WATERTOWN
NY
13601
Phone:
(3
1
5)
785-2261
Fax:
(3
15)
785.2242
w
Website:
www.dec.nv.qov
-
lexander B.
Grannte
Commissioner
January
27,2009
Town
of
Cape
Vincent
Attn:
Thomas
K.
Rienbeck,
SupervisorPO
Box 915
Cape
Vincent,
NY
13618
Town
of
Cape
Vincent
Attn:
Mene
V.
Ingerson,
Town
Planning
Board
PO
Box
915Cape
Vincent,
NY
1361
8
Re:
State
Environmental Quality
Review (SEQR)
Proposed
Wind
Power
Project
St
Lawrence Windpower,
LLC
EndangeredtThreatened
Species
Dear
Supervisor Rienbeck and
Clerk
Ingerson:This letter
is
intended to
follow
up
on
comments
that the
New
York
State
Department
of
Environmental Conservation
(NYSDEC)provided
in
their
letters
dated March
9
and June
15,
2007 with
regard
to their
review
of
the
Draft
Environmental Impact Statement
(DEIS)
prepared
for
the above-referenced project.
In
that letter
DEC
pointed
out
that additional data
would be
needed
before potential impacts
to
birds and
bats
could
be
meaningfully critiqued. Further
review
of
the proposed
project
with
regard
to
wildlife
impacts
has
led
the
DEC
to
conclude that
the
operation
of
this wind
power
project,
as
proposed,
may
result
in
.a
lake"
of
one
or
moreendangered
or
threatened
wildlife species,
or
their
habitat
as
defined
by
the EnvironmentalConservation
Law
(ECL).
Taken
of
a fish
or wildlife
species
fisted
as
endangered or threatened
is
prohibited without
a
permit
from
NYSDEC
issued pursuant to Article
11
Section
0535
of
the
ECL.
Therefore
you
and
the
project
sponsor, Acciona,
are
advised to include the potentialrequirement for
an
Endangered
andThreatenedSpecies
Incidental Take Permit in
future
planning,
review and
permitting
efforts.
Take
or
Taking
means the
pursuing,
shooting, hunting,
Wlling,
capturing,
trapping,
snaring
and
netting
of
any
species listed
as
endangered
or
threatened,
and
all
lesser
acts
such
as
disturbing, harrying
or
worrying.
Lesser
acts
also
include
harassing,
harming, maiming, wounding
or
collecting
any
species
listed as
endangered
or
threatened, any act
which
is
likely
to
cause
the
death
of
or
injury
to
any
individual memberfs)
of
a
species
listed
as
endangered
or threatened,
any
adverse
modification,
degradation
or
destruction
of
occupied
habitat
of
any
species
listed
as
endangered
or
threatened,
and
any
interference
with or
impairment of
essential
behaviors
of
a listed
species.
In
the
event
that
it
is
not possible to
avoid such
impacts,
an incidental
take
pernit,
as
noted
above,
may
be
required.
 
Specific to this
pbject,
the
occurrence
of
Short-eared
Owls
(Asia
ffammeus)
and
Northern
Harriers
(Cireus
cyaneus)
on
or
adjacent to
proposed
project locations
has
been
documented.
The
Short-eared
owl
is
listed
as
an
endangered species and
the
Northern
Harrier
is
listed as threatened in
New
York
Codes,
Rules
and
Regulations
Part
182.
The
Department
is
concerned
that
take
of
these
species
may occur from
the
oss and fragmentation
of
habitatutilized
by
listed species due to
the
clearing, grading and construction activities. There is also
a
potential
for
take
to
occur
from the operation
of
the
facility
through the collision
of
listed specieswith wind towers and
blades
and disptacement
of
listed species due
to
disturbance
caused
by
the
operation and maintenance
of
the
turbines.
In
addition,
the
take
of
other
fisted bird
species
whose
occurrences
have
not
necessarily
been
documented within
or adjacent
to proposed project locations,
may
result
from
this project
by
virtue of
the
project's
location within
the
St.
Lawrence
Plain
Grassland
Focus
Area.
This
focus
area supports
key
habitat for grassland bird
species
such
as Henslov/s Sparrow
(Ammodramus
henslowii)
(NYSDEC
Threatened),
Sedge
Wren
{Cisfothorus
platensis)
(NYSDEC
hreatened)
and
Upland Sandpiper
{Bartramia
longicauda)
(NYSDEC Threatened).
Their
respective presencelabsence relative to the project
area
should
be
evaluated
by
comprehensive pre-construction
field
study and
the
results
of
such
study
used
to
guide
futureproject related planning, review and permitting
efforts
for
these
species.
Finally,
two
non-bird listed wildlife
species
have
also
been
associated with the project
area
-
Blandings turtle
(Emydoidea
blandingio
(NYSDECThreatened) and Indiana bat
{Myotis
sodalis)(Federal and
NYSDEC
Endangered). Their
presencelabsence
within
the
project
area
should also
be
thoroughly
assessed
by
pre-construction field
study,
to
provide
a
basis
to
guide
future
project
related
planning,
review
and permitting, efforts
for
these species.
.
If
you
have
questions
or
need
further
information
regarding
Endangered
and
Threatened
'1
SpeciesIncidental Takepermit requirements, pleasecontactouroffice.&ional widlife ManagerRegion
6
-
Watertown
W
HG/
cc:
L
Arnbeau
J.
Burke
B.
Gundeman
K.
-Kogut
J.
Nasca
D.
RosenblattS.Tomasik
R.
Young
 
New
York
State
Department
of
Environmental
Conservation
BUREAU
OF
FISH
WILDLIFE
AND
MARINE
RESOURCES
5TH
FLOOR
31
7
WASHINGTON
ST,
WATERTOWM
MY
1
3601
.Phone:
(31
5)
785-2261
Fax:
(31
5)
785-2242
w
Website:
www.dec.
nv.aov
-
lexander
B. Grannis
Commissioner
Town of Clayton
Attn:
Mr.
Justin
A.
Taylor, Supervisor
405
Riverside
Drive
Clayton,
NY
13624
Town
of
ClaytonAttn:
Ms.
Kathleen
E.
LeClair,
Planning
Board
405
RiversideDrive
Clayton,
NY
13624
Re:
State EnvironmentalQuality
Review
(SEQR)
ProposedWind
Power
ProjectHorse
Creek
-
PPM
EnergyEndangeredtThreatenedSpeciesThis letter
s
intended
to
follow
up
on
comments that the
NewYork
State Department
of
Environmental Conservation
(NYSDEC)
provided
in
their
letter dated June
15,2007
with
regard
to
their review
of the
Draft Environmental
Impact
Statement
<DEE)
prepared for
the
above-
referenced
project.
In
that IetterDEC
pointed out
that
additional
data
would
be
needed
before
potential
impacts
to
birds
and
bats
could
be
meaningfully critiqued.Further
review
of
the
proposed
project
with
regard
to wildlife impacts
has led
the
DEC to
conclude that the
opeation
of
his
wind
power project, as
proposed,
may
result
in
a
"take"
of
one or
more
endangered or
threatened
wildlife
species,
r
their
habitat
as
defined
by
the
Environmental Conservation
Law
(ECL).
Take"
ofa
fish
or
wildlife
species
isted
as
endangered
or
threatened
is
prohibited
withouta
permit
from
NYSDEC
issued pursuant
to
Article
11
Section
0535
of the
ECL.
Therefore
you
and
the
project
sponsor,
PPM
Energy,
are advised
to
includethepotential
requirement
for an
Endangered
and
Threatened
Species
Incidental
Take
Permit
in
future
planning, review
and
permitting efforts.
Take
or
Taking
means thepursuing,
shooting,
hunting,killing, capturing,
trapping,
snaring
and
netting
of
any
species
listed
as
endangered
or
threatened,
and
all
lesser
acts
such
as
disturbing, harrying
or
worrying.
Lesser acts
also
indudeharassing,
harming,
maiming, wounding
or
collecting any
species
isted
as
endangered or
x
threatened,
any
act
which
is
likely to
cause
the
death
of or
injury
to any individual
member(s)
of
a
species
listed
as
endangered
or
threatened,any
adverse
modification,
degradation
ordestruction
of
occupied
habitat of
any
species listed
as
endangered or threatened
and
any

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