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 - w Website: www.dec.nv.qov -

Alexander B. Grannte Commissioner

January 27,2009

Town of Cape Vincent Attn: Thomas K. Rienbeck, Supervisor PO Box 915 Cape Vincent, NY 13618

Town of Cape Vincent Attn: Mene V. Ingerson, Town Planning Board PO Box 915 Cape 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 more endangered or threatened wildlife species, or their habitat as defined by the Environmental Conservation 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 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 {Cisfothorus 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 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 31 7 WASHINGTON ST, WATERTOWM MY 1 3601 .Phone: (31 5) 785-2261 Fax: (31 5) 785-2242 w Website: www.dec. nv.aov -

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 EndangeredtThreatened Species

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 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 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 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 (Ammodramus henslowlf) 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 Grassland Focus 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 Endangered and Threatened Species Incidental Take permit requirements, please contact our office.

~eg ion 6 - Watertown

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