20110615 Ver 2_WRC Comments_20110930

K' :1'North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
MEMORANDUM
TO: Tracey Wheeler
US Army Corps of Engineers, Wilmington District
and
Ian McMillan
NC Division of Water Quality
and
Stephen Rynas
NC Division of Coastal Resources
FROM: Maria T. Dunn, Northeast Coastal Region Coordinator
Habitat Conservation Program
DATE: September 30, 2011
SUBJECT: Atlantic Wind, LLC c/o Iberdrola Renewables, Inc., Pasquotank and Perquimans
Counties, North Carolina.
Corps Action ID #: SAW-2010-00903
DCM # 20110148
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the public notice and permit application with regard to impacts on fish and wildlife
resources. The project site is located on 2,513 acres of a 24,242 acre project area located 7.5
miles west of Elizabeth City and 2.5 miles north of the Town of Windfall. The project area is
located between Highway 158 to the north, Highway 17 to the east and south, and SR 1002 to the
west. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. I I3A-100 through I I3A-128), as amended, Sections 401 and 404 of the
Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.).
Atlantic Wind, LLC proposes to construct and operate a 300 MW wind energy generation
facility called Desert Wind. This facility will incorporate 150 turbines, temporary and permanent
access roads to each turbine, underground and overhead electrical lines, substation facilities,
switching station, maintenance facility, temporary batch plant, meteorological tower and
idaili.?g Address: Division of Inland Fishc:-ies • 1721 1`.'Iail ervice Center • R sleigh, NC 2','699-1721
'felephane: [phone] • Fax: [phone]
Atlantic Wind, LLC 2 September 30, 2011
Desert Wind
temporary lay down and contractor staging area. The project as proposed will result in the
temporary impact of 249.21 acres of forested wetlands and 45.67 acres of jurisdictional
tributaries for the establishment of access roads and construction areas. The project will also
result in the permanent impact of 29.23 acres of forested wetlands and 1.37 acres of
jurisdictional tributaries. To mitigate for these permanent impacts, the applicant proposes to
purchase 15.35 acre credits from the Great Dismal Swamp Mitigation Bank. The waters and
wetlands impacted from this project affect tributaries of the Perquimans River, Little River, and
Pasquotank River.
The NCWRC has reviewed the project during the permit application process and has also
been contacted by the applicant prior to permit application submittal. We appreciate the effort
demonstrated by Atlantic Wind, LLC to gather resource and regulatory agency comments and
concerns. These efforts have resulted in several studies and data presentations to help aid in the
determination of the project's impacts to fish and wildlife resources.
The project as proposed permanently impacts 29.23 acres of jurisdictional wetlands and
1.37 acres of jurisdictional tributaries. We understand the need to temporarily impact the greater
acreage of wetlands and waters to construct access roads and turbines. However, we do not
believe avoidance and minimization of permanent wetland impacts has been demonstrated. The
proposed turbine grid system includes placing numerous structures in wooded wetland areas.
Although the majority of these areas are managed, they remain wooded wetlands and maintain
important water quality and wildlife habitat functions. Avoidance of these areas or minimizing
the number of turbines in these areas would reduce permanent wetland impacts. We understand
the applicant's goal is to establish a 300 MW facility, but the number of turbines may need to be
reduced or other areas leased to minimize wetland impacts. The applicant's statement that
originally 156 turbines were desired for a 300 MW facility does not alone demonstrate avoidance
and minimization.
Once avoidance and minimization has been satisfied, the applicant may consider
mitigation. The proposed purchase of wetland credits from the Great Dismal Swamp Mitigation
Bank is less than a 1:1 ratio. The applicant's reasoning for this that the majority of the wetlands
impacted are managed. However, we believe a minimum 1:1 ratio of mitigation credits should be
purchased and all remaining onsite wetlands be placed in a conservation easement stating that
they cannot be permanently impacted for wind energy development.
In addition to our concerns regarding wetland impacts, we believe the project will have a
negative impact to resident and migratory bird and bat species.
Due to minimal inventory data on bats, it is difficult to state the species and numbers of
bats that may be affected by this project. To help determine impacts, the applicant conducted an
acoustical monitoring study in 2010 using AnaBat detectors. Results from this study showed
there were 2040 passes and the majority of the activity occurred from late July through mid-
September. The majority of the documented passes (62%) were from mid-frequency species.
Since the project area does exhibit areas that likely serve as resident summer and winter habitats,
we are concerned the project will have negative impacts to the mid-frequency species like the
eastern red bat (Lasiurus borealis), hoary bat (Lasiurus cinereuc), and tricolored bat (Pipistrellus
Atlantic Wind, LLC 3 September 30, 2011
Desert Wind
subflavus). This concern is especially extended to the Rafinesque's eastern big eared bat
(Corynorhinus rafinesquii) that is listed as a state and federal species of concern. Unfortunately,
as stated in the August 2011 bat acoustical monitoring report, it is difficult to determine the
presence of Rafinesque's eastern big eared bat acoustically. Therefore too help minimize impacts
to bats; we request the applicant remove turbines from suitable habitat areas. This would include
the wooded areas at the northern end of the project area along the Great Dismal Swamp.
Removal of wind facility use from this area would likely minimize bat interaction as well as
reduce permanent wetland impacts.
Impacts to avian species have been documented at wind facilities, including neo-tropical
song birds, passerines, and raptors. The coast of North Carolina serves as a migratory route for
many neo-tropical species. We have concerns that this facility when coupled with other proposed
facilities may negatively impact large migratory flocks during seasonal migrations. Due to
weather patterns, it is difficult to know exactly when large flocks of neo-tropical birds may fly
through an area. We request that as information is gathered or as technological advances occur
that lead to better understanding and predication of migration patterns and flight times, the
applicant considers temporary operational changes to help minimize impacts to avian species.
This may include taking turbines offline during peak migration.
Bald eagles (Haliaeetus leucrocephalus) and other raptors have been observed using
wind facilities as hunting and foraging areas. Several studies have been conducted and
adjustments to facilities made to minimize conflicts between raptors and turbines. To minimize
impacts specifically to bald eagles, we request the applicant consult and adhere to guidance
provided by the US Fish and Wildlife Service.
Eastern North Carolina serves as important wintering habitat to numerous species of large
bodied migratory waterfowl, including Tundra swan (Cygnus columbianus) and snow geese
(Chen caerulescens). Due to no previously constructed facility in a similar environment, it is
difficult to predict the impact commercial wind facilities may have on avian populations. Other
facilities and studies have observed mortality and behavior modification of waterfowl near wind
facilities, but these waterfowl were duck sized birds, not the larger bodied Tundra swan and
snow geese. Maneuverability for these large bodied birds may lead to some mortality, but our
major concern is the avoidance of foraging habitat in agriculture fields within the boundaries of
the wind facility. This avoidance of forage habitat could compromise the overwintering health of
birds that are used to utilizing the area. Not only could this be detrimental to the health of the
Atlantic Flyway, but to the revenue that is generated from the numerous people who come to
eastern North Carolina to hunt and observe these birds. We understand the applicant proposes
post-construction and operation monitoring to observe changes to avian behavior. This
information is extremely important to determine direct and secondary impacts to large bodied
migratory water fowl. However, this information is likely years in the future and may be useless
to protect species once numerous wind facilities are constructed. Currently wind facilities are in
various stages of planning in Beaufort, Camden, Currituck, Pamlico, Washington, Tyrrell, and
Hyde counties. If all of these facilities are constructed, they may encompass significant areas of
land adjacent to national wildlife refuges, state owned gamelands and Albemarle and Pamlico
Sounds all of which serve as important wintering habitat for migratory waterfowl. The
cumulative effects ofthese facilities will be significant.
Atlantic Wind, LLC 4 September 30, 2011
Desert Wind
In summary, we believe the Desert Wind project should demonstrate more avoidance and
minimization of permanent wetland impacts. This can be accomplished with the removal of
several proposed turbines within the managed forested wetlands and potentially leasing other
adjacent agriculture lands to the east if the facility must achieve a 300 MW output. Mitigation
ratios for unavoidable impacts should also be held to a 1:1 ratio. Removal of forested wetland
areas near the Great Dismal Swamp from production may also minimize bat interaction and
impacts. We support the guidelines provided by the US Fish and Wildlife Service with regards to
post-construction monitoring procedures and duration as well as any additional requests that may
be requested for this specific site.
We strongly encourage this facility to cooperate with federal and state resource agencies
to monitor and study avian and bat behaviors to determine the best compromise for wildlife and
wind generation facilities. Operational changes including shutting down turbines during peak
migration seasons and taking turbines with high avian or bat mortalities off-line should be
considered. In addition to these measures for this specific facility, we encourage and emphasize
proper siting of facilities to avoid major avian and bat flyways and areas with high avian use.
Development of several large facilities in eastern North Carolina without understanding impacts
could be detrimental to our wildlife heritage.
The NCWRC appreciates the opportunity to review and comment on this permit
application. If you need further assistance or additional information, please contact me at (252)
948-3916.