New York State Department of Environmental Conservatio

BUREAU OF FISH WILDLIFE AND MARINE RESOURCES 5TH FLOOR

317 WASHINGTON ST. WATERTOWN NY 13601
Phone: (3 15) 785-2261 Fax: (3 15) 785.2242
Website: www.dec.nv.qov

January 27,2009

Town of Cape Vincent

Attn: Thomas K. Rienbeck, Supervisor
w --
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Alexander B. Grannte
Commissioner

PO Box 915
Cape Vincent, NY 13618

Town of Cape Vincent

Attn: Mene V. Ingerson, Town Planning Board
PO Box 915
Cape Vincent, NY 13618

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 more
endangered or threatened wildlife species, or their habitat as defined by the Environmental
Conservation Law (ECL). Takenof 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 potential
requirement for an Endangered and Threatened Species 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 loss and fragmentation of habitat
utilized 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 species
with 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 {Cisfothorusplatensis)
(NYSDECThreatened) 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 future
project 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 (NYSDEC Threatened) 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 Species Incidental Takepermit requirements, please contact our office.

&ional widlife Manager

Region 6 - Watertown

W HG/
cc: L Arnbeau
J. Burke
B. Gundeman
K. -Kogut
J. Nasca
D. Rosenblatt
S.Tomasik
R. Young
New York State Department of Environmental Conservation
BUREAU OF FISH WILDLIFE AND MARINE RESOURCES 5TH FLOOR
317 WASHINGTON ST, WATERTOWM MY 13601
.Phone: (315) 785-2261 Fax: (315) 785-2242
Website: www.dec. nv.aov
w
-
Alexander B. Grannis
Commissioner

Town of Clayton
Attn: Mr. Justin A. Taylor, Supervisor
405 Riverside Drive
Clayton, NY 13624

Town of Clayton
Attn: Ms. Kathleen E. LeClair, Planning Board
405 Riverside Drive
Clayton, NY 13624

Re: State Environmental Quality Review (SEQR)

Proposed Wind Power Project
Horse Creek - PPM Energy
EndangeredtThreatenedSpecies

This letter is 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 IetterDECpointed 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
ofthis wind power project, as proposed, may result in a "take"of one or more endangered or
threatened wildlife species,or their habitat as defined by the Environmental Conservation Law
(ECL). Take" of a fish or wildlife species listed 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, PPM Energy, are advised to include the potential
requirement for an Endangered and Threatened Species Incidental Take Permit in future
planning, review and permitting efforts. Take or Taking means the pursuing, 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 indude
harassing, harming, maiming, wounding or collecting any species listed 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 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, h the event that it.is
notpossible to avoid such impacts, an incidental take permit, as noted above, may be required-

Specific to this project, the occurrence of Short-eared Owls (Asio ffammeus),Northern

Harriers (Circus cyaneus), and Henslow's Sparrow (Ammodramushenslowlf)on or adjacent to
proposed project locations has been documented. The Short-eared owl is listed as an
endangered species and both the Northern Harrier and Henslow's Sparrow are 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 loss and fragmentation of habitat utilized by listed
species due to the dealing, grading and construction activities. There is also a potential for take
to occur from the operation of the facility through the collision of listed species with wind towers
and blades and displacement of listed species due to disturbance caused by the operation and
maintenance of the turbines.

In addition, the take of other listed bird species may result from this project by virtue of
the project's location, within the St. Lawrence Plain GrasslandFocus Area and the Perch River
Important Bird Area. These apas provide key habitat for the above mentioned and other
grassland bird species such as: Sedge Wren (Cistothonis platensis) (NYSDEC Threatened) 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 future project 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 blandhgi/)(NYSDEC Threatened)and Indiana bat (Myotis .
socfalis)(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 Endangeredand Threatened

Species Incidental Take permit requirements, please contact our office.

6 - Watertown
~egion

cc: . L. Ambeau
J, Burke
J. Drabicki
K. Kogut
J. Nasca
D. Rosenblatt
S. Tomasik