HounsfieldWindFarm

NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010

HounsfieldWindFarm
Endangered/ThreatenedSpeciesPermitApplication
SupplementalMaterial
1.0 Introduction
The NYSDEC has determined that the Hounsfield Wind Project (Project) will require
an Endangered/Threatened Species Permit pursuant to Environmental Conservation Law
section 110535 and 6 NYCRR Part 182. Thissupplementwillcompletetheapplication
for an incidental take permit for grassland birds (various species) and Bald Eagle
(
Haliaeetus leucocephalus
). The Bald Eagle, Northern Harrier (
Circus cyaneus
), and
Upland Sandpiper (
Bartramia longicauda
) have been identified as State Listed
Threatened Species. The Shorteared Owl (
Asio flammeus
) has been identified as State
Listed Endangered Species. This permit is required because the NYSDEC has
determined that the Project mayresultinthetakeortakingthroughthedirectkilling,
harassment,destructionofbirdsnestsordestructionoradversemodificationofbreeding,
roosting, and/or foraging habitats during construction, operation and maintenance of the
Project. According to the NYSDEC, a Grassland Bird location taking could be
considered an individual bird andcouldalso beconsideredanestofgrasslandbirds. The
incidental take permit that the Project Sponsor is requesting would allow the taking of
habitat and up to 5 (five) threatened/endangered avian species including Grassland
Bird/Bird locations or Bald Eagle/Bald Eagle locations. The mitigation measures and
conditions set forth by the Project Sponsor below will avoid, minimize and mitigate
adverseimpactstotheendangeredandthreatenedspeciesidentifiedherein.
The information in this application is drawnfromandbasedonthefollowingstudiesand
reports,aswellascommentsfromtheNYSDEC,whichareincorporatedherein:
Draft Environmental Impact Statement for the Hounsfield Wind Farm, dated
January2009
Final Environmental Impact Statement for the Hounsfield Wind Farm, dated
December2009
20072008WinteringBirdSurveysBigGallooIsland,NYdatedJuly2008
Spring 2008 Radar Survey Report for the Hounsfield Wind Project on Galloo
Island,NewYorkdatedOctober2008
2008 Breeding Bird Study of Big Galloo Island, Jefferson County, NY dated
October2008
2008 Diurnal Bird Movement Study on Big Galloo Island, Jefferson County, NY
datedDecember2008
Fall 2008 Radar Survey Report for the Hounsfield Wind Project on Galloo Island,
NewYorkdatedDecember2008
2008 Acoustic Study of Avian Night Migration on Big Galloo Island dated
December2008

HounsfieldWindFarm
NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
Ecological Resources Report for theHounsfieldWindFarmonGallooIslanddated
January2009

HounsfieldWindFarm
NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
Avian Risk Assessment for the Hounsfield Wind Energy Project on GallooIsland,
JeffersonCounty,NYdatedFebruary2009
20082009WinteringBirdSurveysGallooIsland,NYdatedMay1,2009
2009 Breeding Bird Study of Galloo Island, Jefferson County, NY dated October
2009and
2009 Diurnal Bird Movement Study on Galloo Island,JeffersonCounty,NY dated
October2009.
2.0 ProjectDescription
The Hounsfield Wind Farm (Project) includes the construction and operation of the
islandportion of the wind powered electric generation facility on Galloo Island, in the
Town of Hounsfield, Jefferson County, New York which was described in the
DEIS/FEIS as consisting of 841 wind turbine generators (WTG), with a nameplate
generatingcapacityof252megawatts(MW),andrelatedsupportfacilities.
As a wind farm located on an remote island severalmilesfromthemainland,theProject
is in a unique position to assist the State in meeting the policy objectives (including the
State Energy Plan, Renewable Portfolio Standard targets and other Executive Orders)
discussed below while minimizing potential environmental impacts and impacts of local
concern typically associated with windpowered electric generating facility siting,
includingvisualandnoiseimpacts,anddevelopmentinNewYorkState.
As stated in the Final Environmental Impact Statement for the Hounsfield Wind Farm,
the NYSDEC has determined that the Project is requiredtoobtainapermitunderArticle
11 of the Environmental Conservation Law (ECL) to address potential impacts of the
Project to statelisted threatened and endangered species. As a result of this
determination and additional discussions with NYSDEC,theProjectSponsorhasrevised
the proposed Project layout to remove two WTGs (WTG 2 and WTG 3) in the southern
portionoftheisland.(SeeMap,Figure1).
The removal of these two WTGs and the NoBuild area restriction poses significant
challenges to the Project Sponsor to meet the project objectives to maximize the unique
wind resource at this island location. However, the removal of these two turbines in
combination with the delineation of approximately 58 acres as a NoBuild area
demonstrates theProjectSponsorhasachievedNYSDECs initialmandateofendangered
and threatened species avoidance. In addition to the extentpotentialimpactscannotbe
avoided, the Project Sponsor has proposed various impact minimization measures and a
mitigation plan that includes securing offsitegrasslandssetasides. Theresultisthatthe
Project Sponsor has minimized potential impactstoendangeredandthreatenedspeciesto

TheProjectSponsorhasagreedtoremovetwoturbinesinthevicinityoftheSouthernGrasslandsfrom
projectlayout,whichwouldreducethemaximumoutputto246MW.However,theDEISandFEISanalyzed
thelargerlayout.

HounsfieldWindFarm
NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
the maximum extent practicable and results in a net conservation benefit to the species
includedwithinthisapplication.
As explained in more detail in NYSDECs DEIS/FEIS, all practicable measures have
been incorporated into the design of the Project to avoid and minimize other
environmental impacts. There aremanybestpracticesthatwillbeimplementedtohelp
reducepotentialenvironmentalimpactsasdetailedintheDEIS/FEIS.
3.0

PurposeandNeed

TheProjectSponsorsgoalsandobjectivesfortheProjectareto:
Createaneconomicallyviablewindpoweredelectricgeneratingfacility
ProviderenewableenergytotheNewYorkmarketatacompetitive,lowcost
price
TakemaximumadvantageoftheuniquewindresourcewithintheProjectArea
andoneoftheonlyviablelocationsinNewYorkwithaClass4windresource
andtheabilitytoconstructafacilitywithanameplatecapacityof252MWsof
windpoweredrenewableenergy
AssistNewYorkStateinmeetingitsproposedRenewablePortfolioStandard
goalsforthegenerationofrenewableenergyintheState
AssistNewYorkStateinmeetingthegoalsoftheStateEnergyPlanand
combatingClimateChange
Promotethelongtermeconomicviabilityofthehostcommunitieslocatedinrural
areasofUpstateNewYork
Reducetheuseandpricevolatilityoffossilfuelelectricitygenerationinthe
region
IncreasetheamountofinstategenerationofelectricitytolowerNewYorks
dependenceonimportedenergyfromotherstatesandforeignnations
Satisfyregionalenergyneedsinanefficientandenvironmentallysoundmanner
Developawindpoweredelectricgenerationprojectconsistentwith
environmentalandculturalrequirementsandcommunitygoalsand
Create jobs and create revenue through PILOT payments to local taxing
jurisdictions.
The need for the Project is well established in both State and Federal policy promoting
wind powered electric generating facilities and is consistent with many statements,
policies and guidance issued by the NYSDEC. As explained in detail intheDEIS/FEIS
(Section 1.0 ofboth)theProjectisfullyconsistentwiththegoalsofpromotingrenewable
energy development and specifically wind farms in theNewYorkStateEnergyPlan,the
StateRenewablePortfoliostandardandExecutiveOrderNo.24. Asalsoexplainedinthe
DEIS/FEIS (Section 1.0 of both), in addition to meeting specific goals of the state and
federal government, the benefits of the Project include positive impacts on
socioeconomics (e.g., increased revenues to local municipalities, shortterm and
longterm employment, and purchase of local goods and services), air quality (by
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NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
offsetting generation from fossilfuelburning power plants), and climate (reduction of
greenhouse gases that contribute to global warming). By eliminating pollutants and
greenhouse gases, theProjectwillbenefitecologicalandwaterresources, includingavian
species,aswellashumanhealth,providinganetpositiveimpactontheenvironment.
In fact, the NYSDEC has underscored the salience that government should give to
advancing policies addressing renewable energys role in combating climate change and
incorporatingthatpolicyinagencydecisionmakingbystating2:
Wind energy is a key component of a clean energy future for New York. (pg.
4).
Fighting climate change is without question the most substantial environmental
challengefacingthisState,thisnationandtheworldtoday.
Commissioner Grannis ha[s] made the fight against climate change a top
priority. . . . development of wind energy isvitaltothereductionofgreenhouse
gases.
For each 100 MW of electricity generated from fossil fuels that is displaced by
wind power, approximately 500,000 to one million tons of carbon dioxide are
avoidedannually,dependingonwhetherthatpowerwouldotherwisebegenerated
bynaturalgasorcoal.(pg.45).
The expansion of wind power has multiple environmental and public health
benefits(pg.5)
ExcerptsfromApril11,2008NYSDECBrief:
FightingclimatechangeisthesubstantialenvironmentalchallengefacingNew
YorkState.(pg.2).
Windenergyisvitaltothereductionofgreenhousegases.(pg.2).
Adramaticincreaseinwindenergycapacityisanecessarycomponentofa
strategytoreducedependencyon,andtheuseoffossilfuels.(pg.2).
Theexpansionofwindpowerhasmultipleenvironmentalandpublichealth
benefitsbyreducingtheamountofpollutantsthatleadtolevelsofillnessand
deathfromrespiratoryandheartdisease,andhopefully,reducinginthelongterm,
displacingelectricgenerationthatreliesonfossilfuels.(pg.2).
As the NYSDEC has observed, decisions on wind projects cannot proceed in a vacuum.
Rather Agency decisionmakers must take into account the many policiesthat havebeen
put in place that favor wind development and will heavily depend on wind energy
2

ThereferencesarefromtestimonybytheNYSDECbeforetheNewYorkDepartmentofPublicService
(NYDPS)onJanuary11,2008(JaredSnyder,AssistantCommissionerAirResources,ClimateChangeand
Energy)andinBriefsfiledbeforeNYDPSonApril11,2008.

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NYSDECEndangered/ThreatenedSpeciesPermitApplication
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production in order to achieve critical StateandFederalgoals. Moreover,itislikelythat
the Climate Action Plan being developed by the State as part of ExecutiveOrderNo.24
will rely on the development of renewable energy sources, such as wind, in order to
reduce GHG emissions whilecontinuingtoensurethereliablefuturesupplyofelectricity
andenergyforNewYork.
4.0 ProjectAlternatives
As part of the DEIS/FEIS (Section 3.0 of the DEIS and 2.16 of the FEIS) the NYSDEC
analyzed a number of alternatives in additiontothePreferredAlternative(Figure1).This
analysismadethefollowingobservations:
NoAction
The No Action alternative assumes the proposed Project area would continue to be
used as a seasonal residence and active agricultural land. No WTG, electrical collection
system (ECS), dock, residential community or other developments on Galloo Island
would be constructed. No potential adverse environmental impacts associated with the
construction and operation of the Project would occur. In particular, no impacts would
occur to wetlands, significant habitats or shoreline no excavation of soil or blasting
would occur and there would be no visual impacts beyond those that are presently
associatedwiththebuiltstructuresontheisland.
Pertinent to this application, under the no action alternative it is likely that thegrassland
area of concern, without intervention, would become infected with pale swallowwort.
The seeds of this invasive plant are airborne and there are number of infected locations
on Galloo Island. If pale swallowwort were to establish itself in the grassland area, it
would eventually change the composition of thegrasslandandcouldprecludetheareaas
abreeding/habitatsiteforUplandSandpiperorothergrasslandavianspecies.
Determination
This alternative was not selected because it would fail to take advantage of the unique
wind resource available on Galloo Island, offshore quality wind without the associated
impacts with locating turbines in the water and the geographical location more than 5
miles from any permanent residences. The No Action alternative would not meet the
objectives of the Project Sponsor. The No Action alternative would notadd252MWto
the States wind power production. TheNoActionalternativewouldalsofailtoadvance
the States Energy PlanandRPSgoals.IftheNoActionalternativewereselected,then
no socioeconomic benefits would accrue to the area. Finally, approximately 200
temporary and 24 permanent construction and operation jobs would not be created and
potentialcontributortotheregionsGreenEconomywouldnotbebuilt.
Under the No Action alternative, the State, local communities, the public and the
environment will lose the opportunity for adding a significant source clean, renewable
energy to New York States energy mix and would thereby lose the opportunity to
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NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
reduce dependence upon fossil fuels, which are known to contribute to acid rain, green
house gases (carbon dioxide (CO
), sulfur dioxide (SO
), or nitrogen oxides (NO
)),
2
2
x
smog, and other environmental harms. Specifically, if the No Action alternative were
selected, this amountofpower(252MW)wouldhavetobeproducedfromothersources,
which, given the New York fuel mix, would also produce environmentally damaging
byproducts including: approximately 13.8 billionpoundsofCO
,49.9millionpoundsof
2
SO
,and18.5millionpoundsofNO
overaperiodof20years.

2
x
Although the No Action alternative would eliminate the collision risk associated with
the Project, it may not protect the habitat, because if there is no significant intervention
pale swallowwort is likely to choke out the grassland thus potentially eliminating
habitat,potentialbreedinggroundsandgrasslandspeciesfromtheisland.
FewerTurbinesAlternative
A Fewer Turbine Layout, considered by NYSDEC in the DEIS/FEIS was designed to
maximize the benefit derived from the renewable resource available on the island,while
minimizing the impacts to wetlands and other sensitive habitat, specifically impacts to
deciduousandmixedforesthabitatwhileretainingtheProjectbenefits.
The fewer turbine layout that could be constructed would install 51 3.0 MW wind
turbines, with a total installed capacity of 153 MW. This layout would still require the
construction of theotherfacilitiesontheisland. WithrespecttothisalternativetheDEIS
(Section3.4)notedthefollowing:
Impacts to visual resources would likely be the same as the 252MW Project. Fewer
towers would not increase or decrease the visibility of the project. Impacts to surface
waters would stay the same as the docking facility and the water intake structure would
still be constructed. Avian and bat impacts may decrease due tothefewer towerswhich
may pose a collision risk. Impacts from habitat fragmentation may also be somewhat
reduced.
Operational requirements such as septic services, sewer, lighting and solid waste would
all be provided by the projectsponsor.Thenumbersofemployeesthatwouldberequired
during construction and operational phases would be approximately 200 workers and
1218 individuals respectively. There would be no impacts to tourism, boating, fishing,
navigation/shippinglanesorcommercialbusinesses.
This layout would allow for energy to be generated from a clean renewable source.
However, this alternative woulddisplace5.45billionfewerpoundsofCO
,19.64million
2
pounds less of SO

and

7.28

billion

pounds

less

than

NO

over

the

20

year
lifecycle of
2
x
theproject.ThisAlternativewouldprovide12.4%ofthestates2008RPStarget.

HounsfieldWindFarm
NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
Determination
The DEIS/FEISobservedthatthiswasnotanoptimalalternativewhenbalancingbenefits
against impacts. Assuming that this smallerprojectwas viable,theDEIS/FEISnotedthat
fewer turbines will generate less in PILOT revenues than the Preferred Alternative.
Additionally, it would result in a decrease of 99 MW of installed capacity (39%), while
the permanent impacts to wetlands and forest land would also decrease 48% and 41%
respectively. However, in the terms of a comparison of MW of installed capacity vs.
permanent impact to land, the Fewer Turbinelayoutwouldincreasetheactualacreageof
disturbed land per MW produced (25.9% increase over thePreferredAlternative),dueto
the project elements that will not change including the dock and the residential and
operationalarea.
Pertinent to this application, this alternative is no more protective of the habitat for
threatened and endangered species than the Preferred Alternative (as modified in this
application) since each option can ensure that turbines will not be constructed in the
critical grassland habitat area. With regard to potential collision risk, there are many
variables involved with assessing potential collision risk which varies depending on
species. Generally speaking, the difference between 51 turbines and 82 turbines is
negligibleintermsoftheriskposedtoavianspecies.
Consequently, evenassumingthataprojectthissmallcould beprofitablyconstructedand
operated, it does not favorably compare to the Preferred Alternative when benefits and
impacts are balanced. Moreover it does not provide any better protection for
threatened/endangeredspeciesthandoesthePreferredAlternative.
ShorterTurbineAlternative
The wind industry has moved toward using larger scale wind turbine generators to
improve efficiency in harnessing the wind resource. The Preferred Alternative for the
Project proposes the use of the Vesta 3.0 MW turbine. As an alternative, the NYSDEC
DEIS/FEIS evaluated, the shorter GE 1.5 MW SLE turbines, using the same 84turbine
layout as the proposed project. This layout using the GE 1.5 MW was then evaluated to
assess the impacts to ground, visual, and socioeconomics versus the total power
production.
Impacts
Although the GE 1.5 MW SLE is one of the shortest commercially viable windturbines
available on the market it will require the same infrastructure as the 3.0 Vestas for the
84windturbineproposedlayout.TheNYDECDEIS(Section3.6)notedthefollowing:
VisualDisturbance
Visually, a lower turbine height would not significantly change the visual impacts. The
Preferred Alternative proposed maximum tip height of 125 m (410 feet), while the
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HounsfieldWindFarm
NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
smallest GE 1.5 MW wind turbine has a maximum tip height of 103.5 m (339.5 feet).
While theviewshedwouldbeslightlyaltered,becauseoftheclearlineofsitefromwater
based or shoreline views the shorter turbine would not have a significant effecttovisual
impacts. The reduction of21.5m(approximately70.5feet)inthetipheight(achange of
17.2%) would not significantly alter the views that would be most impacted (within 5
miles of the island). Additionally, dueto thedistance fromlandtheturbinesasproposed
are minimally visible and therefore the impact is low. Therefore using a turbine with a
lowerheightwouldnotsignificantlychangethevisualimpacts.
Other impacts would remain the same or similar including impacts to surface water
because thedockandwaterintakeandoutflowwillstillbeconstructed. AlthoughtheGE
turbine is shorter than the Preferred Alternativeimpactstobirdsandbatswouldlikelybe
the same because the numberofturbinesandanyhabitatfragmentationwouldremainthe
same.
Because this alternative uses the same layout as the Preferred Alternative, the use of a
shorter turbine would result in the same amount of habitats disturbed, total permanent
land impacts (161.88 acres) and total temporarylandimpacts(154.10acres)asthelarger
3.0 MW turbine. Because the number of turbines remains the same in this evaluation,a
lowerturbineheightwouldnotchangethelandimpactsfromtheproject.
In the terms of a comparison of installed MW produced, with a lowerturbineheight,vs.
permanent impact to land there would be anincreasetheactualacreageofdisturbedland
perMWproduced(100%increaseoverthePreferredAlternative).
Benefits
As noted above the use of the 1.5 MW turbines would have similar impacts as the
Preferred Alternative, 3.0 MW turbines. For example there would be no reductioninthe
services required with the use of shorter turbines. Operational requirements such as
septic services, sewer, lighting and solidwastewouldbethesame. Itwouldalsoprovide
some of the same benefits as the Preferred Alternative. The same number of employees
would be required during construction (approximately 200 workers) and operational
phases (approximately 24 people) of the proposed Project. Therewouldbenochangein
impactstotourism,boating,fishing,navigation/shippinglanesorcommercialbusinesses.
Based on current negotiationswiththeTown,PILOTpaymentisanticipatedtobe$8,500
per installed MW capacity. The proposed project with 84 1.5 MW turbines would
generate a yearly payment of $1,071,000. This is half of what would be expected if the
PreferredAlternativewasconstructed.
A reduction in the turbine height would result in a significant loss in power output. The
total installed capacity of the proposed 84 3.0 MW turbines is 262 MW. If a 1.5 MW
turbine is used, the efficiency of the project in producing energywouldbehalvedto126
MW of installed capacity. This would be an inefficient use of the sites unique wind
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NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
resource while not significantly reducing impacts. In comparison to the Preferred
Alternative, there would be a 100% in increase the actual acreage of disturbed land per
MW.
Halving the production of energy from a renewable source would reduce the Projects
contribution towards meeting thestatesRPSgoalandwouldalsohalvethedisplacement
ofairemissions.
Pertinent to this application, thisalternativewouldhaveessentiallythesamepotentialfor
impactsonthreatened/endangeredspeciesasthePreferredAlternative.
Determination
The DEIS/FEISobservedthatthiswasnotanoptimalalternativewhenbalancingbenefits
against impacts. Using a lower turbine height is not a viablealternativeastheamountof
disturbance per MW generated will increase, while the PILOT payment versus the
acreage of disturbancewoulddecrease. Thisalternativedoesnotmaximizethebenefitof
the wind resource when compared to the resulting impacts. Although the GE turbine is
marginally shorter than the Preferred Alternative impacts to threatened and endangered
species wouldlikelybethesame. Thisalternativewouldbenomoreprotectiveofhabitat
thanthePreferredAlternative.
5.0

NatureandExtentofPotentialImpactsonEndangered/ThreatenedSpecies
A. CharacterizationofPotentialImpacts

As part of the DEIS/FEIS, the Project Sponsor undertook two years of preconstruction
study to identify rare, threatened and endangered species on Galloo Island and to
characterize the potential impacts to these species. In addition to the studies listed in
Section 1.0 above for avian species, acoustic monitoring and mist netting for bats were
done. This study did not identify any threatened or endangered bat species. Also turtle
studies, including an intensive 28day nest search focusing onBlandingsturtles,didnot
identify turtles that were rare, threatened or endangered. Therefore, the Project Sponsor
is confident that the preconstruction monitoring studies fully identified the threatened
andendangeredspeciesthatutilizeGallooIsland.
UplandSandpiper
The Upland Sandpiper is listed as threatened in New York with a state rank of SB3,
which indicates 21100 breeding occurrences. The 20002005 NY Breeding Bird Atlas
(BBA) data supports this rank with about 100 confirmed or probable breeding bird
blocks reports for Upland Sandpipers (including Galloo Island). However, not every
grassland area in New York issurveyedintheBBAandsomeonlyreceivebriefsurveys.
Given the incomplete coverage of the BBA surveys, and considering a substantial
number of possible breeding sites noted from the BBA work, there may be several
hundred Upland Sandpiper pairs currently breeding in NY. The probablebreedingsite
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on Galloo represents about 1% of NYs known breeding blocks based on the20002005
BBAdata.
The overall statewide distribution (based on BBA data) has decreased 65% since 1985,
and abundance (based on BBS data) has declined by about 16% per year. The primary
threats to the species in NY are agricultural conversion, fragmentation, and
intensification (e.g., hay field turned to corn or soy production). In other words, the
breeding status of Upland Sandpiper hasbeeninsteepdeclineinNYandifsuchdeclines
continue the species would likely be elevated to endangered status within the next 20
years. ConstructionoftheProjectwouldnotthreatenspeciesviabilityinNewYorkState
because Galloo Island represents only 1% of NYs known breeding sites and theProject
Sponsor has proposed a mitigation program that will promote the preservation of this
species.
NorthernHarrier
The Northern Harrier is listed as threatened in New York with a state rank of S3BS3N,
which indicates 21100 breeding occurrences.3 The 20002005 NY BBA had 355
confirmed or probable breeding Harriers. However, due to the large home range of
this species, especially males, nesting individuals were likely detected in more than one
block.Therefore,thisisa muchlowerestimateoftheactualnumberofbreedingNorthern
Harriers in NY. However, not every grassland area in NewYorkissurveyedintheBBA
and some only receive brief surveys. Given the incomplete coverage of the BBA
surveys, and consideringasubstantialnumberofpossiblebreedingsitesnotedfromthe
BBA work, there may be several hundred Northern Harrier pairs currently breeding in
NY. The probable breeding detected on Galloo represents <1% of NYs known or
likelybreedingsitesbasedonthe20002005BBAdata.
The overall statewide distribution (based on BBA data) has beenapparentlysteadysince
1985, but the species is difficult to monitor accurately. The US continental population
shows decreasing trends based on the USFWS breeding bird survey. Primary threats to
the species in NYareagriculturalconversion,fragmentationandintensification(e.g.,hay
field turned to row crops). Construction of the Project would not threaten the species
viability in New York State because Galloo Islandrepresent<1%ofthebreedingsitesin
NY and the Project Sponsor has proposed a mitigation program that will promote the
preservationofthisspecies.
ShortearedOwl
The Shorteared Owl (
Asio flammeus)
is listed as endangered in New York with a state
rank of S2, which indicates 620 breeding pairs.4 The 20002005 NY BBA reported
3

NewYorkNaturalHeritageProgram.2009.OnlineConservationGuidefor
Circuscyaneus
.Availablefrom:
th
http://www.acris.nynhp.org/guide.php?id=6812.AccessedJanuary18
,2010.
4

NewYorkNaturalHeritageProgram.2009.OnlineConservationGuidefor
Circuscyaneus
.Availablefrom:
th
http://www.acris.nynhp.org/guide.php?id=6812.AccessedJanuary18
,2010.

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HounsfieldWindFarm
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confirmed or probable breeding in only 13 blocks. The breeding population is in
dangerofextirpationfromNY.
While no breeding Shorteared Owls were found on Galloo during the 2008 and 2009
breeding seasons, the island does have suitable breeding habitat for at least apairofthis
species. Construction of 82 WTGs on Galloo would potentially indirectly impact the
quality of this habitat forpotentialShortearedOwlbreeding.Thespeciesisamigranton
the island in small numbers and in some years and it is possible that it may overwinter.
Construction and Operation of the Project would not threaten species viability in New
York State because this species is currently not breeding on Galloo Island. The species
would likely benefit from the mitigation program the Project Sponsor has proposed for
theUplandSandpiperandNorthernHarrier.
BaldEagle
The Bald Eagle (
Haliaeetus leucocephalus) is listed as threatenedinNewYork.TheNY
breeding, wintering and migratory populations have been steadily increasing in recent
years. As of 2008, NYSDEC estimated there are about 150 active nests in NY and over
500 winteringbirds.Annualestimatesare variablebuttrendnumbersinrecentyearshave
increased by 1520% per year, reflecting the continuing population recovery after the
banningoftheagriculturaluseofDDTinNorthAmericain1972.
Bald Eagles are not currently breeding on Galloo Island and the closest known nest is
over 20 km away, east of Sacketts Harbor,NY.Basedonthe20072008and20082009
winter bird studies on Galloo, the Bald Eagle appears tobearegularwinter visitantwith
the numbers accruing depending on ice conditions and waterfowl activity around the
island. A high of 12 winter birds was noted in March 2008 when open areas of water
amidst ice and high waterfowl numbers were present. A few nonbreeding subadult Bald
Eagles were seen around the perimeter of the island in summers 2008 and 2009. These
latter birds were not seen flying overtheinterioroftheislandbutwereoccasionallyseen
perched in trees along the shoreline. The wintering eagles wereoftennotedperchedatop
trees in the interior of the islandand inafewcasesyoungBaldEagleswereseenfeeding
on a dead deer carcass. Night roosting of Bald Eagles was not documented though
weather hampered such surveys during the winter months when it might be more
noticeable. Winter roosting certainly seems a possibility in years when thereisabundant
foodsupply(winteringwaterfowl,deaddeer)aroundtheisland.
Therefore, due of the number of Bald Eagles wintering in New York State, the lack of
breeding on Galloo Island and the increasing population of Bald Eagles theconstruction
andoperationoftheProjectwillnotthreatenspeciesviability.
B. ProjectImpacts
The construction of turbines on Galloo Island could potentially reduce the use of the
Southern Grassland habitat by threatened/endangered grassland avian species. The2009
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Breeding Bird Study produced strong evidence that a pair Upland Sandpipers were
breeding on Galloo Island. There was territorial behaviorofoneadultinthesouthendof
the island. Upland Sandpipers require a minimum of approximately 25 to 30 acres of
th
suitable habitat to nest.5 On June 5, 12, 13, 24 26
, the Upland Sandpiper range was
identified by Old Bird, Inc., a firm experienced with avian biology. Three adultUpland
Sandpipers were identified as using this area identified on Figure 2asUplandSandpiper
Range. This is a subset of the area shown on Figure 2 and identified as Southern
Grassland (the 58 acre area described in more detail below). The Southern Grassland
area was identified by Old Bird, Inc, during sitevisits andwasexpandedfollowinginput
fromNYSDEC.
The Southern Grassland on Galloo Island is an open area in the extreme southeastern
portion of the island that is the leastdisturbedgrasslandontheisland.Thecurrentowner
has not mowed this grassland or used it for agriculture. There are also no old stumps
evident from early logging operations,suggestingthatthisareamayhavebeenoneofthe
fewnaturallyoccurringgrasslandsinNewYork.
Within the Southern Grassland there are slight altitude variations that cause a wide
diversity of grassland species and grassland communities. Some areas have no topsoilat
all and the limestone bedrock is exposed with scant vegetation. Other areas in the
southern reaches of this grassland have more topsoil, are wetter and host taller grass.
Unlike many other grassland areas on the island,paleswallowwortandCanadianthistle
have not yet dominated the Southern Grassland area. These species do encroachintothe
northernportionoftheSouthernGrassland.
This grassland has a native feel and is ideal breeding habitat for Upland Sandpiper and
good foraging and perhaps nesting habitat (southern section) for Northern Harrier. It is
likely that if the island were left undisturbed, pale swallowwort and Canadian thistle
would eventually dominate most of the grassland areas on the island. Such incursion
would likely make these grasslands unsuitable for Upland Sandpiper and other native
grasslandbirdstobreed.
The Southern Grassland area is bound on the southeastandsouthbytheshorelineterrain
of Lake Ontario to the west it graduates intoforesttothenorthitabutsanoldtreeblow
down to thenortheastittransitionsintograssland infestedwithswallowwortandthistle
and on the east it becomes open woodland. For the purpose ofmaximizingtheutilityof
this Southern Grassland area for listed NY grassland birds, a "NoBuild" area is defined
(Figure 2) in the southern grassland that is 10 meters from the shoreline terrain. The
distance from the various treelines or open woodland to the "NoBuild" area varies on
point to point measurements but generally ranges from 50 m to 130m. Existing studies

http://ny.audubon.org/PDFs/HRVC_UPLANDSANDPIPER2.pdf
and
ConservationAssessmentforUpland
Sandpiper(Bartramialongicauda).2003.USForestService,EasternRegion.
http://www.fs.fed.us/r9/wildlife/tes/caoverview/docs/birds/UplandSandpiper2003.pdf

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HounsfieldWindFarm
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February10,2010
suggest this buffer from the treeline to the grassland proper would not likely have been
utilizedfornestingbygrasslandnestingbirds. 6
Northern Harriers were also documented as likely breeders on Galloo Island. Three
young harriers were identified hunting with an adult female in the Southern Grassland.
Thelocationofthenestwasnotidentifiedinthesurveys.
The Project Sponsor has agreed to remove the two turbines thatweresituatedinthearea
identified as Upland Sandpiper Range in Figure 2. Therefore, the direct habitat take
associated with locatingWTG#2and#3atthislocationhasbeenavoidedbytheremoval
ofthesetwoWTGsbytheProjectSponsor.
There maybeanindirecttakeofaportionoftheSouthernGrasslandbyvirtueof turbines
(#1,4,7,8)placedadjacenttobutnotwithintheSouthernGrassland(shownonFigure2)
or constructionoftheProjectitself.Itisunknowniftheconstructionoroperationofthese
turbines or the project as a whole would preclude breeding and to what extent it may
impact foraging or other essential behavior. It is unknown how having turbines adjacent
to this habitat would impact these grassland species. Therefore, for purposes of this
permit application, the Project Sponsor presumes the potential reduction in use of the
habitat constitutes an indirect take of habitat consisting of 58 acres (or the entire
nobuildarea).
As identified in NYSDECs DEIS/FEIS, the operation of windturbinesonGallooIsland
introduces a collision risk to the listed species identified above. There arenoapplicable
models that predict the risk to specific species from wind turbines. The construction of
even one turbine introduces risk to threatened/endangered species. It is possible that
Upland Sandpiper and Northern Harrier may avoid nesting in this area (which could
hypothetically take one site for each species) and migrant individuals of these species
may sustain collision fatalities. The impacts to Shorteared Owl and Bald Eagle from
WTGs on Galloo Island are hypothetical, however collision fatalities for both species
may occur. There are no studies on the latter probability to make any forecast. These
impactswillbeevaluatedduringthepostconstructionfatalitystudy.
UplandSandpiper
No detailed studies of the impact on Upland Sandpiper from large commercial wind
projects exist. Upland Sandpiper has been killed by a wind project in Nebraska
(Ainsworth, NE wind energy facility) but no details (e.g., during migration or breeding
season) are available. Other studies indicate that several other grassland species do not
nest in close proximity to wind turbines7. One of the reasons suggested is that many
grassland birds apparently do not liketonestnearapotentialperchsiteforraptorspecies
6

E.g.,
Kerlinger,P.&J.Dowdell2008.EffectsofWindTurbinesonGrassland/HayfieldNestingSongbirdsatthe
MapleRidgeWindPowerProjectLewisCounty,NewYork.ReportpreparedforPPMEnergy&HorizonEnergy.

Leddy,K.,K.Higgins&D.Naugle.1999.Effectsofwindturbinesonuplandnestingbirdsin
conservationreserveprogramgrasslands.
WilsonBulletin
111:100104.
7

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HounsfieldWindFarm
NYSDECEndangered/ThreatenedSpeciesPermitApplication
February10,2010
that might hunt them. It is unknown how close an Upland Sandpiper might nest to a
WTG. The impact of the 82 WTG project on Galloo with one or more WTGs on the
western or northern border of the southern grassland area would likely result in an
indirect take of some of the adjacent portions of the southern grassland region for
potential breeding of Upland Sandpiper. This is not a direct take because no occupation
of the Upland Sandpiper Range or the Southern Grassland is being occupied by project
components. It is an indirect take because the construction of project components
proximate to this location may discourage use of this area for breeding or foraging.
However, this layout (versus previously proposed WTG layouts) would theoretically
provide room for one or twopairsofUplandSandpiperstocontinuebreeding.Morethan
40acresoftheprimarysouthern grasslandhabitatwouldbebeyond150mfromproposed
WTG locations or existing tree lines. Furthermore, no WTGs would border most of the
easternandsouthernreachesofthegrassland.WTG#1and4aretothewestofthisarea.
Even withnoWTGswithintheirbreedingarea,thereisapossibilityofUplandSandpiper
WTG collision fatalities. It isunknowntowhatextentUplandSandpipersmightcontinue
breeding in the southern grassland area would be impacted by other WTGs on Galloo
(e.g.,adultsorjuvenilesflyingaroundtheislandanight).
NorthernHarrier
No detailed studies of the impact on Northern Harrier from large commercial wind
projects exist. Northern Harrier has beendocumentedasacollisionfatalityatafewwind
projects in western US. No Northern Harrier collision fatalities at large wind projects in
eastern North America have been identified. Northern Harriers have been seenforaging
within the Maple Ridge Wind Project since its construction8 . It is possible that the
Northern Harriers lowaltitude foraging behavior and tendency not to soar as much of
otherraptors(e.g.,RedtailedHawk)maymakeitlesssusceptibletoWTGcollisions9.
Existing studies indicate that several other grassland species do not nest in close
proximity to wind turbines. There are no studies in this regard forNorthernHarrier.The
impact of the 82 WTG project on Galloo with numerous WTGs adjacent to grassland
areas would likely result in an indirect take of some of the adjacent portions of the
grassland regions for potential Northern Harrier nesting sites. This is not a direct take
because no occupation of the Southern Grassland is being occupied by project
components. It is an indirect take because the construction of project components
proximate to this location may discourage use of this area for breeding orforaging. Itis
unknown whether Northern Harrier would continue to nest on Galloo Island after the
constructionof82WTGs.

Kerlinger,P.&J.Dowdell2008.EffectsofWindTurbinesonGrassland/HayfieldNestingSongbirdsattheMaple
RidgeWindPowerProjectLewisCounty,NewYork.ReportpreparedforPPMEnergy&HorizonEnergy.andW.
Evans,personalobservationsinspringandfall2007and2008duringNYSERDAstudy.
9
Seediscussiononpage7:OldBirdInc.2008.AvianRiskAssessmentfortheHounsfieldWindEnergyProject.
ReportpreparedforUpstateNYPowerCorp.

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February10,2010
Home ranges for the NorthernHarriervarygreatlybetweensexes,duringdifferentstages
of nesting development, and between regions (likely due to varying food supply). Small
grassland fragments (~20 acres) have been used for nesting if larger grassland areas are
nearby. Males have larger ranges and have been documented foraging more than 10 km
fromnestsites.Femaleshavesmallerforagingranges.
ShortEaredOwl
Like Northern Harrier this species has a lowaltitude foraging behavior. The primary
occasions for collision risk wouldlikelybe whenthespeciesisinmigrationto(andover)
the island or during aerial courtship flight displays that may occur late in the winter.
Aggressive interactions with other raptor species could also lead to higheraltitudechase
flights that may increase the risk of collision with WTGs. Shorteared Owl collision
fatalitieshavebeendocumentedatseveralwindenergyprojectsinthewesternUS10..
BaldEagle
There is very little existing data in North America on Bald Eagle collisions withWTGs.
The first documented Bald Eagle collision fatality with a wind turbine was confirmedin
southern Ontario, Canada (Erie Shores Wind Project) in 2008. It was a subadult bird
killed sometime likely in April or May 2008. It is presumed from data reported in
Norway that breeding Bald Eagles (especially juveniles) would be very susceptible to
WTG collisionimpact11. OnGallooIsland,theProjectSponsordocumentednonbreeding
Bald Eagles during the bird studies. The 2008 and 2009 field studies indicate that a few
nonbreedingBaldEaglesmaybe presentatanytimeofyearinthevicinity ofGalloowith
the majority of their activity around the perimeter of Galloo along the shore (including
roosting in trees along the shoreline). The quantity of wintering Bald Eagles on Galloo
appears tied to specific ice conditions when relatively small sections of open water are
occupied by large numbers ofwaterfowl.Itisunlikelythatconcentrationsof BaldEagles
would occur in periods whenthewateris openaroundtheislandorwhenitistotallyiced
in.Suchconditionswouldlikelypersistmostoftheyear.
Currently there are substantial unknowns about the collision impacts to BaldEaglefrom
WTGs associated with the Hounsfield wind energy project. Based oncurrentBaldEagle
usage of Galloo and the species increasing population trends in NY, it seems that Bald
Eagle collision with WTGs proposed for Galloo Islandisapossibility.Butwealsodont
know the extent that Bald Eagles may exhibit avoidance behavior to WTGs on Galloo
10

TRCEnvironmentalCorp.2008.Postconstructionavianandbatfatalitymonitoringandbirddisplacementstudiesat
theJudithGapWindEnergyProject,WheatlandCounty,Montana
http://www.newwest.net/pdfs/AvianBatFatalityMonitoring.pdf
.andErickson,W.P.,B.Gritski,andK.Kronner,2003.
NineCanyonWindPowerProjectAvianandBatMonitoringReport,September2002August2003.Technicalreport
submittedtoEnergyNorthwestandtheNineCanyonTechnicalAdvisoryCommittee.
http://www.westinc.com/reports/nine_canyon_monitoring_final.pdf
11

OldBirdInc.2008.AvianRiskAssessmentfortheHounsfieldWindEnergyProject.Reportpreparedfor
UpstateNYPowerCorp

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February10,2010
once the wind project is constructed. The extent to which Bald Eagles are impacted by
WTGcollisionwillbeassessedduringthepostconstructionstudiesfortheproject.
6.0

ActionstoAvoidAdverseEffects

The project sponsor had originally planned to construct two WTG and associated roads
and infrastructure in the Southern Grassland area. This wouldhaveledtothedirecttake
of 1.03 acres of the area12 identified as Upland Sandpiper Range. This was the layout
submitted and analyzed by NYSDEC in the FEIS. Further discussion with NYSDEC
indicated that construction in this 30 acre grassland area used by the Upland Sandpiper
might preclude breeding in this area. The Upland Sandpiper is a threatened species in
NY and the taking of this potential breeding habitat was not likely to be permitted by
NYSDEC. Therefore, the project sponsor agreed to remove all project components and
avoid all project improvements in the area detailed on Figure 2 as Upland Sandpiper
Range. The Project Sponsor also agreed to remove all project components and avoid
projectimprovementsintheareadetailedonFigure2astheSouthernGrasslands.
As explained by the Project Sponsor, it has agreed to this modification without fully
evaluating the effect this modification will have on Project viability. The two turbines
that will be eliminated would have been among the most productive turbines in the
Project, because of their location on the island, which is best positioned to intercept the
unimpeded prevailing winds from the South. Consequently, it may be necessary for the
Project Sponsor, at sometime in the future, to further modify the Project (e.g. additional
turbinesinotherlocationsorlargerturbines)inordertoensureProjectviability.
Accordingly, as part of this permit application the Project Sponsor has asked the
NYSDEC to define the limit of the Southern Grassland NoBuild area defined as that
areawherenoprojectcomponentsareallowedtobeplaced,eitherinthecurrentproposed
projectlayout,oranyfuturemodificationstothislayout.
7.0

ActionstoMinimizeandMitigateAdverseEffects

In order to protect the viability of the NYS listedspeciesidentifiedonGallooIsland,the

Project Sponsor is proposing the following Best Management Practices and Mitigation
Proposals.
ConstructionBestManagementPractices
To minimize chances of disturbing breeding Upland Sandpipers, construction
activities associated with WTGs 1, 4, 7, and 8 will be conducted prior to Mayor
afterthemonthofAugustinanygivenconstructionseason.

12

Withregardtohabitat,thedirecttakeisdefinedasactualdestructionofhabitat.Theindirecttakeisthe
potentialtomakehabitatlessuseful.

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Elimination of agricultural operations at the north end of Galloo Island toreduce
or eliminate foraging areas for Canada Geese and migratory shorebirds, which
couldreducetheattractionoftheislandforBaldEagles.
Manage the human controlled and artificially high deer population on Galloo
Island via culling. Thiswillleadto fewerdeaddeerandreducedflightactivityof
BaldEaglesintheislandsinteriorforfeedingoncarcasses.
Minimize permanent lighting on Galloo Island to only that necessary, especially
at housing facilities, maintenance buildings and the substation. Unnecessary
lighting will be turned off after evening activity hours of people residing on the
island. Any required lighting will be shielded and pointed in the downward
directiontominimizetheattractionofpasserinesinnocturnalmigration.
HabitatManagement,EnhancementandRestoration
A mowing protocol will be undertaken every three years at current grassland
areas especially the southern grasslands, if warranted, to ensure they do not
transition to forested areas, thereby preserving habitat for species that use these
areas.
Participation in control programs to curtail pale swallowwort that eliminate
native plant species diversity. This couldincreasetheamountofgrasslandhabitat
availableforbirduse.

CompensatoryOffSiteMitigation
The compensatory offsite mitigation plan will attempt to offset the impacts generated
by the Project by providing sufficient creation, enhancement and/or preservation of
suitable grassland bird habitat to benefitthespeciesofconcerninthefuture. TheProject
Sponsor will purchase conservation easements in consultation with NYSDEC for 250
acres of land that will be managed as grassland in areas in Jefferson County, in close
proximity to where Upland Sandpipers have been identified as possibly breeding by the
20002005 Breeding Bird Atlas. The goal is to identify 250 acres of contiguous land
appropriate for conservation easements. However, if 250 contiguous acres are not
identified, smaller tracts will be purchased, totaling 250 acres. No individual tract shall
be smaller than 30 acres. The Project Sponsors preference is to purchaseconservation
easements, if however this is not possibleduetolack oflandownerinterest,theapplicant
will purchase in fee. Prior to construction the Project Sponsor will secure a bond or
similar financial instrument to ensure performance of the offsite mitigation measures
describedherein.
Potential sites have been identified in both the Cape Vincent Area and the Point
Peninsula area. The Project Sponsor would work with one of local conservation
organizations, Ontario Bays Initiative, Indian River Lakes Conservancy or theThousand
Islands Land Trust, and the NYSDEC to identify suitable habitat. The Project Sponsor
has agreed to purchase conservation easements, or if unavailable purchase in fee, and
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HounsfieldWindFarm
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February10,2010
provide funding to restore the land to grassland. The easement would likely be for land
that is currently a field with earlysuccessionalhabitatoranabandoned agriculturalfield,
where restoration would allow these lands to grassland. The Project Sponsor will also
develop, in consultation with NYSDEC a Management Plan to ensure that the land is
maintainedasgrasslandforatminimum30years.
AdaptiveManagement
The Project Sponsor has already agreed to undertake a PostConstruction Monitoring
Plan for Birds and Bats. This plan meets the standards proposed by the NYSDEC in
Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects,
January 2009. This plan was included as Appendix I of the FEIS. A fatality study is
includedinthestudyprotocol.
During the fatality searches, if a mortality of any NY State listed species is identified
NYSDEC will be immediately notified. The Project Sponsor will then work with
NYSDEC to determine if additional study and/or mitigation is required. Such measures
mayinclude:
Research to identify the factors contributing to the mortality (e.g. weather
conditions,timeofyear)andifthiswasanisolatedincidentorapatternofrisk.
Increasesurveyfrequency.
Increasereportingfrequency.
Additional behavior or movement studies, above what was detailed in the Post
ConstructionMonitoringPlan,dependingonthespeciesinvolved.
Additionaloffsitemitigationforgrasslandbirdspeciesorbaldeagle.
Consultation with NYSDEC todetermineifthesomeofthefollowingoperational
controls such as, early alert, repellant techniques, blade feathering or turbine
shutdown would be required. These operational controls would be considered
after exhausting reasonable efforts to determine the cause of mortality and the
establishment of a pattern of risk, as determined through discussion with the
NYSDEC,anddeterminingthatothermitigationscouldnotmitigatethepatternof
risk. In such circumstances, the Project Sponsor could implementtechnicallyand
economically feasible operational mitigation. If required these operational
mitigations could manage operations at certain times of day, certain
meteorological conditions or short periods identified as high risk. TheWTGthat
wereidentifiedashighriskwouldbethosetargetedforoperationalmanagement.

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8.0 NetConservationAnalysis
To ameliorate indirect take of habitat and any collision risk from the Project,the Project
Sponsor has agreed to facilitate the creation, enhancement and/or preservation of 250
acres of suitable habitat for UplandSandpipernearexistingpopulationsofthespecieson
the mainland adjacent to Galloo Island in Jefferson County. Such a tract of land could
conceivably support five or more breeding pairs of thisspecies.Thisactionwouldcreate
the conditions for a net conservation gain for the threatened species in particular the
Upland Sandpiper population in New York andwouldassistwithlongtermconservation
plansforthespecies.
The 250 acres created for the UplandSandpiperwouldalsoprovideroom foratleastone
potential Northern Harrier breeding territory and at least one potential Shorteared Owl
territory. In addition, such a tract of land would certainly be used as foraging land by
migrantandwinteringNorthernHarriersandShortearedOwls.
In addition to the benefits provided these species that are potentiallyimpactedbyWTGs
on Galloo Island, the 250 acres of createdgrasslandwouldalsolikelyprovidehabitatfor
other listed grassland bird species in New York (e.g., Henslows and Grasshopper
Sparrow).

20