NYSDEC ~ the operation of this wind power project, as proposed, may result in a “Take” of one or more endangered or threatened wildlife species

The letter below is from  Region 6 ~ New York State Department of Environmental Conservation to Supervisor T. Reinbeck ,concerning St. Lawrence Wind’s State Environmental Quality Review and  the impact of their proposed project on threatened and endangered species.

Planning Board Chair , and wind lease holder Richard Edsall  had this to say about the letter from  Region 6 ~  of the N Y S D E C

   “These people are like the school janitor, telling the teachers what curriculum to teach.”

~~~~~~~~~~ 

January 27, 2009

Town of Cape Vincent

Attn: Thomas K. Reinbeck Supervisor

PO box 915

Cape Vincent, NY 13618

RE:        State Environmental Quality Review (SEQR)

              Proposed Wind Power Project

              St. Lawrence wind power, LLC

              Endangered/Threatened Species

Dear Supervisor Reinbeck 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 – reference to 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 “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 the 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 and 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, soon 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 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. In the event that it is

not possible to avoid such impacts, and incidental take permit, as noted above may be required.

Page 2.

         Specific to this project, the occurrence of the Short – eared Owls and (Asio Flammeus) and

Northern Harriers (Circus 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 for 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 whose occurrences have not necessarily

been documented within or adjacent to proposed project locations, may result from this project

by virtue of the projects location within the St. Lawrence Plain Grassland Focus Area. This

focus area supports key habitat for grassland bird species Henslow’s sparrow (Ammodramus henslowii) (NYSDEC Threatened), Sedge Wren  (Cistothous platensis)

(NYSDEC Threatened) and Upland Sandpiper (Bartramia Longicauda) (NYSDEC Threatened).

Their respective presence/absence relative to the project eared 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, to non-bird listed wildlife species have also been associated with the project

area – Blandings turtle (Emydoidea blandingii) (NYDEC Threatened) and Indiana bat ( Myotis

sodalist) (Federal and NYSDEC Endangered). Their presence/absence within the project area

should also be thoroughly assessed by pre – construction field study, to provide a basis to guide

future project related planning, reviewing permitting efforts for these species.

                   If you have questions or need further information regarding Endangered and Threatened Species Incidental Take Permit requirements, please contact our office.

Sincerely,

William H a Gordon

Region 6 – Watertown

Video below of planning Board Chair Edsall's critique of DEC region 6