Wind and Wildlife: Guidance and Regulations From Neighboring States

1. Wind and Wildlife:Guidance and RegulationsFrom Neighboring States

2. Delaware Wind farm interests: Delaware Bay and Atlantic Ocean Land-based wind farms were explored but dropped from further consideration No policies, regulations, or guidelines for wind energy development Would like to develop guidelines in the future

3. Delaware Off-shore permits issued by US Army Corps of Engineers DNREC can get involved in the approval process in issuing statement of consistency with state and federal policies Contact: Karen Bennett, DNREC (302)653-2883 Karen.Bennett@state.De.Us

4. Maryland Permit to construct a power plant is a Certificate of Public Convenience and Necessity (CPCN) CPCN is issued by the Public Service Commission Maryland is proposing changes to state regulations concerning applications for a CPCN for Wind-Powered Electric Generating Facilities Regulations are in the process of approval (www.psc.state.md.us under �administrative docket�, wind energy regulations are �RM24� docket)

5. Maryland Proposed regulations: Include recommendations by the Technical Advisory Group (TAG) on avian and bat issues Require an evaluation of the impact of avian species from fragmentation and loss of forest and other affected habitat (Renewable Energy Portfolio legislation) Restrict discovery of site-specific locations of endangered and threatened species (Maryland Public Information Act)

6. Maryland Siting Guidelines to Mitigate Avian and Bat Risks from Windpower Projects, Final Recommendations of the Wind Energy Technical Advisory Group (June 2006): (available at www.psc.state.md.us under RM24 docket) Standards that will avoid or minimize impacts on birds and bats from construction and operation of wind facilities A tiered system of standards that vary with size of the facility

7. Maryland Tag Recommendations (Cont.) Assessments of avian and bat populations before issuance of permit 1 year pre-construction monitoring of birds/bats Assessment of potential bat habitat Phase I avian risk assessment Breeding bird survey Evaluation of rare, threatened, and endangered species

8. Maryland TAG recommendations (Cont.) Additional monitoring studies of avian and bat populations and behavior during and after construction of facility Establishment of peer review group external to state agencies to assess monitoring plans and data Three year post-construction study of bird and bat mortality rates Any additional research-related studies identified by the State are not the responsibility of the applicant

9. Maryland TAG recommendations (Cont.) Mitigation appropriate to address any impact on avian and bat populations above a threshold level Efforts to avoid or minimize impacts should be made Actions in each mitigation plan should be graded to reflect level of observed impact and probability of successful mitigation Plan should define and bound operation limitations or costs of mitigation action

10. Maryland Mitigation (Cont.) May involve on- or off-site activity Nesting/maternity areas disturbed in construction should be reestablished as feasible Mitigation plans may be identified during both the licensing and operational phases of the project Contact: Michael Dean, Maryland Public Service Commission (410) 767-8149 mdean@psc.state.md.us

11. New Jersey Primary wind farm interests: Atlantic Ocean and coastal areas Permitting of new energy production facilities in coastal areas: Board of Public Utilities � license NJDEP � coastal zone permit US Army Corps of Engineers - >3 miles off-shore (with state as part of review process)

12. New Jersey No regulations or guidance for wind energy development NJ Audubon Society calling for regulatory agencies to adopt clear and uniform policies to assess impacts to natural resources from wind facilities Blue Ribbon Panel on Development of Wind Turbine Facilities in Coastal Waters � report submitted to Governor Jon Corzine (April 2006) http://www.njwindpanel.org/docs/finalwindpanelreport.pdf

13. New Jersey Blue Ribbon Panel (Cont.) Contains section on Risk Evaluation and Assessment for Living Natural Resources Outlines methods to evaluate and assess risk to birds, marine mammals, and marine turtles Suitability Index determined for each species Used to compare ecological impacts for several sites Uncertain whether recommendations will be adopted as rules, guidance, or whether modifications will be made Contacts: Kevin Hassell, NJDEP (609)633-2201 Eric Stiles, New Jersey Audubon Society (908)766-5787 eric.stiles@njaudubon.org

14. New York

15. New York

16. New York Local governments defer to the state on issues of wind and wildlife NYSDEC Draft Guidance: �New York State Department of Environmental Conservation Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects� (work in progress) Contacts: Jack Nasca, NYSDEC (518) 402-9172 janasca@gw.dec.state.ny.us and Brianna Gary, NYSDEC (518) 402-9172 bmgary@gw.dec.state.ny.us

17. Ohio Wind power developments under 50 MW are unregulated (other than local zoning etc.) and compliance with guidance is voluntary. Wind power developments at or above 50 MW are regulated by the Ohio Power Siting Board, which requires coordination with Ohio Department of Natural Resources (ODNR) and US Fish and Wildlife Service (FWS) Ohio Siting Board Guidance Document: Siting New Energy Infrastructure in Ohio (February 2005) www.puco.ohio.gov/emplibrary/files/mediaOPSB/OhioSitingManual.pdf

18. Ohio ODNR Draft Guidelines: �Assessing the Impacts of Wind Power Development on Ohio�s Wildlife � Information Review Habitat Mapping Raptor Nest Surveys General Avian Use Surveys (3 seasons in concern zones and 1 season elsewhere) Surveys of Threatened, Endangered, and Other Sensitive Species

19. Ohio ODNR has identified Avian Concern Zones: Three-mile buffer zone along the Lake Erie Coast Five-mile buffer on existing bald eagle nests One-mile buffer on major Ohio rivers Open waters of Lake Erie ODNR has no regulatory authority in siting wind facilities, unless the property is along Lake Erie shoreline and would require a submerged lands lease ODNR does have regulatory authority to address bird kills once wind turbines are in place

20. Ohio Siting wind turbines in Lake Erie Impacts to US waters (including Great Lakes) are regulated by US Army Corps of Engineers Triggers review under National Environmental Policy Act (NEPA) Process outlined in the following paper: Federal and State Agencies and Applicable Regulations Relative to Offshore Wind Turbine Siting in the Great Lakes (Megan Seymour, FWS, December 2006)

21. Ohio Ohio Wind Working Group Comprised of agencies, local governments, environmental groups, and industry Environmental committee has mapped areas of concern relative to birds and bats: 5-mile buffer around Federally-listed avian species Audubon Important Bird Areas 1 mile buffer around major river corridors 3-mile buffer along Lake Erie shoreline. www.fws.gov/midwest/eco_serv/wind/wind_maps/OHWildlifeMap10-06.pdf

22. Ohio Wildlife Data Map

23. Ohio Ohio Wind Working Group (Cont.) Additional studies are strongly recommended prior to wind development in these concern areas: Bird use studies Risk assessments On-site habitat delineations Implementation of bird conservation measures Post-construction studies

24. Ohio Ohio Wind Working Group (Cont.) If significant post-construction bird kills are documented, remedial actions may be recommended and enforcement action could be taken by state or Federal agencies For monitoring protocols, FWS recommends following the FWS National guidance Contacts: Megan Seymour, FWS (614) 469-6923 ext.16 Megan_Seymour@fws.gov and Mindy Bankey, ODNR Mindy.Bankey@dnr.state.oh.us

25. West Virginia Permit is issued by the Public Service Commission West Virginia Division of Natural Resources (DNR) and FWS can get involved in the approval process DNR does not have regulations or guidance for wind energy facilities DNR would like to develop guidance over the next 12 months Contact: Roger Anderson, West Virginia DNR (304) 637-0245 ext.2002 rogeranderson@wvdnr.gov

26. That�s all folks