afa response smalfootedbat usfws 2011 r
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Allegheny Front Alliance
94 Orchard Street
Keyser, WV 26726304 788-5112
"To protect the Allegheny Fronts cultural and natural environment"Reference:
Comments for Eastern Small-Footed Bat and the Northern Long-Eared Bat 90 Day Finding.
Docket No. [FWS-RF ES-2011-0024] Attention US FWS, 4401 N. Fairfax Drive, MS 2042-
PDM, Arlington, VA 22203
Allegheny Front Alliance (AFA) represents interested communitymembers concerned over the construction and proposed developmentof industrial wind turbine projects. Allegheny Front Alliance, created inJanuary 2009, opposed the development of two West Virginia Projects,AES New Creek Project and the Pinnacle Project, now approved by theWest Virginia Public Service Commission. AFA offers comments andrecommendations. Pre-construction field studies identified the small-footed bat at the Pinnacle Wind Project, LLC and AES New CreekProjects. These projects are located in Mineral County and GrantCounty West Virginia. AFA believes there are serious environmentalissues industrial wind corporations ignore. Effective regulation iscritical to protect and conserve unique biological, ecological resourcessurrounding these projects.
In February 2011, AFA co-supported with Friends of Blackwater toseek and urge companies developing and operating the Mount Storm and NewCreek wind power facilities, and the U.S. Fish and Wildlife Service (FWS or
Service), the federal agency entrusted with enforcing the Endangered Species Act, 16
U.S.C. 1531 et seq., (ESA), the Migratory Bird Treaty Act, 16 U.S.C. 703-11(MBTA), and the Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d
(Eagle Act), to take concrete, expeditious measures to avoid, minimize, and mitigate
these projects impacts to wildlife.1
1 Available at: http://www.saveblackwater.org/documents/Mount%20Storm%20&%20AES%20New%20Creek%20Wind%20Energy%20Projects_Letter%202-9-11.pdf.
This document references other wind project studies, developers letters, and historical
background. Letter source is Meyer Glitzenstein & Crystal 1601 Connecticut Avenue,N.W. Suite 700 Washington, D.C. 20009-1056. Also at:
http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?
CaseActivityID=319047&NotType='WebDocket'
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The threat posed by wind power facilities is particularly concerning because huge
numbers of bats are now dying from White-Nose Syndrome (WNS). WNS has
emerged as a significant threat to bat populations. In some hibernacula, the FWS reportedmortality rates of 90 % or more. The effects of this disease, the cause of which is
unknown, have been observed in West Virginia, and the neighboring states of Virginia,
Pennsylvania, and Maryland. In fact, the West Virginia Department of Natural Resourceshas reported that WNS is present in Hellhole Cave, West Virginias largest bat cave.
Press Release, W.V. Dept of Natural Res. West Virginias Most Important Bat Cave Has
White-Nose Syndrome (Feb 23, 2010).2
AFA supports the US FWS listing the eastern small-footed andnorthern long-eared bats as threatened or endangered under theauthority of the Endangered Species Act (ESA).
At the core of scientific management of fish and wildlife is sciencesupported by theory, methods and findings. Rarely does only one studyproduce unequivocal and robust results. The National Academia of
Science represents distinguished scholars dedicated to furtherance ofscience and technology and to their use for the general welfare.Through Congressional mandate, the Academy requires to advisefederal government on scientific and technical matters. Six guidingprinciples underlie all scientific inquiry.3
1. Pose significant questions that can be investigated empirically.
2. Conduct and link research to relevant theory.
3. Use methods that permit direct investigation of the question.
4. Provide a coherent an explicit chain of reasoning.
5. Replicate and generalize across studies.6. Disclose research to encourage professional scrutiny andcritique.
Kuntz (2007) recommends, Results of scientifically sound research andmonitoring studies are needed to inform policy makers during the sitting,
permitting, and operation of renewable energy sources. Although bat fatalities atwind turbines have been reported at nearly every wind energy facility where
post-construction surveys have been conducted, few of these studies weredesigned to estimate bat fatalities and only a few included a full season or moreof monitoring. Rigorous protocols should include reliable estimates of searcherefficiency and scavenger removal to correct fatality estimates for potential
biases.4
2 Available at, http://www.wvdnr.gov/2010news/10news031.shtm3 Shavelson, R.J, & Towne, L (Eds.) 2002 Scientific Research in Education. Washington,D.C; National Academy Press. Executive Summary & Introduction, pp. 1-16. Access on
line, http://www.nap.edu/catalog.php?record_id=10236
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AFA is concerned how developers and hired consultants interpretstudy results towards wildlife protection. AFA asserts developers toooften make a number of scientifically and misleading and inaccuratestatements regarding bat endangerment.
In this petition, AFA cites and reference several documents that US
FWS should review and examine concerning these species, includinghabitat destruction and degradation, disturbance of hibernation areasand maternity roosts and impacts related wind turbine constructionand operation and impacts related to White Nose Syndrome. Existingregulations of these activities may be inadequate to protect these twospecies.
These documents are crucial for providing additional information fora status review. This includes additional data related to existing habit,feeding and sheltering, historical and current range, counts, criticalhabitat and supporting data and studies.
AES New Creek Project 5
(1) Study: Fall 2007, Bird and Bat Migration Survey Report, Visualradar, and acoustic bat surveys for the New Creek Mountain Project,WV. Prepared for AES New Creek, LLC, 4300 Wilson Blvd., Arlington,VA 22203. Prepared by Stantec Corporation, (formerly Woodlot)March 2008.6
Findings:
The consistently high nightly number of recordings at the talus detector may
indicate the presence of a valuable and frequently used habitat within the Project
area. This could be habitat used for roosting by eastern small-footed Myotis and
foraging habitat for a variety of species. Furthermore, the documentation of the highest Myotis detection rate at the talus
detector suggests a potential presence of valuable foraging and roosting small-footed
bat habitat.
(2) Study:New Creek Mountain Bird and Bat Risk Assessment:A Weight-of-EvidenceApproach to Assessing Risk to Birds and Bats at the Proposed New Creek Mountain. 7
4 Kunzi, T. H., Arnettz, Edward B., Erickson, Wallace P., (2007). Ecological
impacts of wind energy development on bats: questions, research needs, and
hypotheses.Front Ecol Environ, 5(6), 315-324.
5AESNew Creek, LLC Case 08-2105 E-CS Available at:
http://www.psc.state.wv.us/WebDocket/default.htm Use case number 08-2105
6 Available at: http://www.psc.state.wv.us/WebDocket/default.htm Use case number
08-2105
7Available at: http://www.psc.state.wv.us/WebDocket/default.htm Use case number 08-2105
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Project, West Virginia. Prepared for: AES New Creek, LLC 4300 Wilson Boulevard
Arlington, VA 22203. Prepared by: Stantec Consulting 30 Park Drive Topsham, ME
04086 Stantec December 2008.
Findings:
Two West Virginias bat species are federally listed as endangered, and four otherspecies are classified as either imperiled (S2) or critically imperiled (SI) by West
Virginias Natural Heritage Program. West Virginia does not have state endangered
species legislation; species listed as imperiled or critically imperiled are not provided anylegal protection in the state. Eastern Small footed bat is an S-1 status or critically
imperiled.
Results of the risk assessment suggest that potential impacts to bats consist largely of
collision mortality during the spring and fall migration seasons. The documentation of
collision mortality at operational wind facilities is during the summer, and bats likelyreside within the Project area year-round, bats seem most vulnerable to collision during
the fall migration period based on results from post-construction surveys at existing
facilities. Long distance migratory species are most vulnerable to collision mortality, asthey appear more vulnerable than other species and were well represented in the resultsof acoustic surveys. Onsite mist-netting surveys suggest that members of the genus
Myotis, including the uncommon small-footed Myotis (Myotis leibii), are the most
abundant bats within the Project area. Acoustic surveys documented an apparent peak inmigratory bat activity during the fall. No Threatened or Endangered bat species were
documented within the Project area. As such, the risk to bats from the Project will vary
by species and time of year but is expected to consist primarily of collision mortality tolong distance migratory bats, particularly during the fall migration period.
(3) Letter: To Mr. Trevor Peterson, Stantec Consulting, 30 Park Drive Topsham, Maine
04086. Letter from Deborah Carter, West Virginia Field Office (US FWS), 694Beverly Pike Elkins, West Virginia 26241, dated September 30, 2009. 8 Twenty-one
pages,
Remarks and recommendations:
Data collected during surveys and radio-telemetry work indicated that the projectarea provides important habitat for the small-footed bat (a state-listed sensitive
species), as well as foraging habitat for other bat species, including the hoary bat,
the red bat, and state-listed sensitive silver haired bat.
In addition, these rocky slopes and cliff faces support a variety of other sensitivewildlife species in the region (e.g., Allegheny woodrat). To protect these sensitive
resources, the Service recommends avoiding impacts to talus and rocky outcrop
areas that may be used as roost sites by small-footed bats and other sensitive species.
However, because of variability in populations and detection rates due to a
variety of local and regional factors, one year of data does not necessarily reflect
overall species composition or abundance at a site. Thus, the Service recommends
8.Available at: http://www.psc.state.wv.us/scripts/webdocket/ViewDocument.cfm?
CaseActivityID=280976&NotType='WebDocket'
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multiple years of pre-construction surveys in order to establish a more complete dataset (Service 2003). Multiple years of pre-construction data can account for natural
variations in population numbers and composition caused by varying weather
conditions and other influences.
Depending on the spread of white-nose syndrome in coming years and the
susceptibility of these endangered bats to the disease, assessments of cumulativeimpacts to both these species and the status of many other bat species, could change
dramatically including possible listing of new species under the Endangered SpeciesAct.
Bats tend to reproduce slowly and have longer life spans than birds; rates of
collision mortality at existing wind farms tend to be higher for bats than for raptors,nocturnally migrating passerines, or breeding birds; and other risks to populations
(e.&.. white-nose syndrome) are currently high for this group.
We offer the following recommendations to avoid and reduce anticipated impactsto birds and bats and to document any mortality events or changes to the species
populations and diversity due to construction and operation of the proposed New
Creek wind power facility. These recommendations are based on currently availablebest scientific information. As new information becomes available, we reserve the
right to modify these recommendations.
(4) WV PSC _ Order, September 30, 2009 granting AES New CreekProject Approval 9
The potential impacts to bats are expected to generally follow patterns similar to
those documented at other facilities, and will consist largely of collision mortality
during the spring and particularly the fall migration seasons, with bat mortality
potentially higher on warm, calm nights when long distance migratory species areexpected to be the most vulnerable to collision mortality. AES New Creek Ex. TP-D
pp. 25-26.
To reduce the potential for impact on calm nights, the blades of the New Creek
turbines will be feathered so as not to operate when wind speeds are less than 24
meters per second. Tr. I., p. 60 (Mr. Colman).10
9 Available at http://www.psc.state.wv.us/WebDocket/default.htm September 30, 2009, AES New Creek,LLC, Commission Final Order granting AES New Creek a Siting Certificate for the Project summarized in
this order and more fully described in the Application, subject to certain conditions, Use Case Number: 08-
2105
10 On November 04, 2009, AES New Creek, LLC filed for change in the commission
order. Commission Final Order deleting the last sentence of the paragraph on page 22, of9/30/2009 Order beginning Bats, and which reads, To reduce the potential for impact
on calm nights, the blades of the New Creek turbines will be feathered so as not tooperate when wind speed are less than 24 meters per second. Tr. 1, p. 60, etc.
AES New Creek suggested that the Commission incorrectly interpreted Mr. Colmans
hearing testimony appearing on page 60 of the Hearing Transcript.AES New Creek stated that the Commission could correct the error by deleting the last
sentence of the paragraph. The order was granted November 4, 2009.
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AES New Creek also noted that eastern small-footed Myotis were detected duringeach of the three survey periods. Although rare throughout the State, eastern small-
footed Myotis appear to be common on New Creek Mountain.
To understand the behavior of the eastern small-footed Myotis, Stantec conducted
radio telemetry surveys to document roosting habits of this species on New Creek
Mountain. Through the radio telemetry, Stantec detected a number of eastern small-footed Myotis roosts on the western slope of New Creek Mountain, in the clearedtransmission line corridor to the south of the Project, and in vertical rock cliff faces
within Greenland Gap.
Given their current presence, following construction, eastern small-footed Myotis
are still expected to forage within the Project area. However, these species are
thought to primarily feed and fly below the tree canopy based on their small size andforaging habits. Therefore, Stantec suggested that collision mortality for the eastern
small-footed Myotis is not expected to constitute as great a risk in comparison to
migratory species.
(5)Virginia Highlands Grotto Report entitled "The Proposed New Creek Mountain Wind
Project's Proximity to Regional Endangered Bat Habitats and Possible Cumulative
Effects", Prepared by Rick Lambert of the Virginia Highlands Grotto Of theNational Speleological Society P. O. Box 151 Monterey, Virginia 24465 Prepared
for: Allegheny Front Alliance 94 Orchard Street Keyser, WV 26726, January 29,
2009. 29 pages.11
Findings:The study purpose offers a regional perspective on the endangered bat habitat
within migratory range ofthe proposed Project. Explain why there was a lack of
endangered bat captures during mist-net surveys. Highlight the potential for impact toRTE species and common bats. Highlight the expected high mortality. Show the
cumulative effects of multiple wind projects in the area.
The proposed location for the New Creek Mountain Wind Projectis located in this endangered bat recovery area and migratorycorridor.
The existing data summarized in this report suggests thatStantec has under estimated the impact to RTE bats and thatStantecs reports contain unreliable information.
It is likely that the New Creek Mountain Wind Project will have astrong adverse effect on the populations of endangered bats andwill impede their conservation and recovery.
11 Available at:http://www.psc.state.wv.us/WebDocket/default.htmUse Case Number: 08-2105
Virginia Highlands Grotto Report entitled "The Proposed New Creek Mountain Wind Project's Proximity
to Regional Endangered Bat Habitats and Possible Cumulative Effects", filed by Rick Lambert. Also at:http://www.psc.state.wv.us/Scripts/WebDocket/ViewDocument.cfm?CaseActivityID=258580&Source=OrderSearch
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The USFWS (2008) warned AES that if the predicted 78,250 to112,125 bats deaths anticipated over the life of the New CreekMountain Wind Project went unchecked, it could lead to populationlevel-impacts to many species.
At wind projects Kuntz et al. (2007), reports that no publically available post
construction mortality surveys have documented fatalities of small-footed Myotis. Kuntzconcluded that that large mortality rates across the species range could not be expected
since the eastern small foot is uncommon.12 It is believed they migrate very small
distances. (Best and Jennings 1997, Johnson and Gates 2008)13
This is not the case of the AES New Creek Project. The largest documented numbers
for small-footed bat are located at this project site. Bats do not have to migrate to be
endangered. At the AES New Creek Project, risk increases because greater foraging timeis within the turbine project site. Recent dietary studies of the eastern small-footed
Myotis suggest the species gleans prey off vegetation (Johnson and Gates 2007);
however, no published data of foraging behavior supports or refutes this statement.
(Johnson and Gates 2008)14.
The Allegheny Front Alliance fully supports the position to raise the level of the
small-footed bat and northern long ear bat as threatened or endangered under the
authority of the Endanger Species Act. This issue is extremely important to our members.We join others in requesting you not delegate enforcement of controls critical to the
protection of wildlife to the businesses, which, by their very function, place wildlife and
habitat in serious jeopardy.
It is counter intuitive to think that profit making organizations which now ignore yourrequests will somehow hold themselves to higher standards should you decide to permit
voluntary enforcement of rules so vital to the protection of these creatures.
One needs look no further than the AES New Creek in West Virginia to see how
voluntary enforcement requested by the wind lobby will play out in real life. TonyColman, Vice President of AES wrote, May 18, 2011 the following statement concerning
US FWS response for comments on Land-Based Wind Energy Guidelines
If the Fish & Wildlife Service's Draft Land-Based Wind Energy Guidelines (FWS
Guidelines) are implemented, they will quite simply prevent the creation of tens of
thousands of jobs, result in the loss of tens of thousands of jobs, and have a negative
impact on wildlife as other less wildlife friendly technologies will remain or will be builtinstead of wind. The flaws in the FWS Guidelines are significant, and I leave it to the
12
Kunz, T.H., E.B. Arnett, W.P. Erickson, A.R. Hoar, G.D. Johnson, R.P. Larkin, M.D.Strickland, R.W. Thresher, and M.D. Tuttle. 2007a. Ecological impacts of wind energy
development on bats: questions, research needs, and hypotheses. Frontiers in Ecology andthe Environment 531 5-324.13 Johnson, J.B., and E. Gates. 2007. Food habits ofMyotis leibii during fall swarming in
West Virginia. Northeastern Naturalist 14:317-322.Johnson, J.B., and E. Gates. 2008. Spring migration and roost selection of female Myotis
leibii in Maryland. Northeastern Naturalist 15453-460.14
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many others in the wind industry who will ably identify them and offer alternatives andsolutions that the FWS should adopt.
I urge you to reconsider the guidelines and change them to match the Wind Turbine
Guidelines Advisory Committee Recommendations (FAC Guidelines). A failure to make
substantial modifications to the FWS Guidelines will have serious negative consequences
and quite candidly would be counter productive to the FWS' mission to "work withothers, to conserve, protect and enhance fish, wildlife, and plants and their habitats for
the continuing benefit of the American people."
The role of the USFWS is not to promote business, but to protect wildlife. The goal of
the wind developer is to make as much money as possible. 15
Proper scientific inquiry and assessment requires that truly defensible scientific
evaluations are independent16, comprehensive17, transparent18 and empirical19. AFA isconcerned that AES New Creek project has submitted a package that does not offer
protection to Eastern Small Footed bat or other wildlife. Any failure to satisfy all of these
four fundamental criteria can render an assessment biased, incomplete, or flawed and will
ultimately compromise the assessments conclusions and credibility. As with any trulyobjective review and evaluation process, the burden of proof rests on the proponents who
seek approval or endorsement of their projects, and Federal regulators shouldconscientiously seek verification of the benefits before endorsing such strategies. This
need is especially great for industrial wind energy, about which so little thorough and
credible research (relative to the body of political debate on the subject) has beenconducted.
AFA appreciates the opportunity to comment upon the 90 Day Findings. Our
organization sincerely hopes that the Service will consider its perspective in finalizing
these important rules and safeguards for the Eastern Small Footed Bat and Northern LongEar Bat.
Frank OHara & Greg TrainerCo Chair
Allegheny Front Alliance
15 Available at:(http://online.wsj.com/article/SB10001424052748704629104576190812458488694.html16 conducted by impartial and qualified researchers who wont benefit from one outcomeor another.17 addressing qualitatively the technical, economic, and environmental aspects of the
proposed strategy.18 presenting all supporting assumptions and data for public scrutiny.19 based on real world evidence, not a chain of assumptions or modeled data.
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