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Annex13 Idnrresponsetoecocat Annex13_IDNRResponsetoEcocat May 29, 2019 William Blessman County Administrator 125 N Plum Havana, IL 62644 RE: Glacier Sands Wind Project Project Number(s): 1901976 County: Mason Dear Mr. Blessman, This letter addresses consultation on the development of a wind energy generation facility pursuant to the requirements of the Illinois Natural Areas Preservation Act [525 ILCS 30/17], the Illinois Endangered Species Protection Act [520 ILCS 10/11], and Title 17 Illinois Administrative Code Part 1075. Additionally, the Department may offer advice and recommendations for species covered under the Fish & Aquatic Life Code [515 ILCS 5, et seq.]; the Illinois Wildlife Code [520 ILCS 5, et seq.]; and the Herptiles-Herps Act [510 ILCS 69]. The proposed action being reviewed in this letter consists of development of the Glacier Sands wind farm in Mason County by Swift Current Energy. The project is generally located in the east-central area of Mason County. The purpose of this review is to provide advisory recommendations which the County has the discretion to adopt, modify, or reject in accordance with its authorities. The only exception is when the action would be certain to “kill or injure an Illinois listed animal species.” In that case, before the County may authorize the project, the applicant must demonstrate it has received an Incidental Take Authorization (ITA) from the Department of Natural Resources pursuant to (520 ILCS 10/5.5 and 520 ILCS 10/11(b)). The statutes cited above require Mason County to consider whether the action it may authorize might adversely affect or modify protected natural resources. The Illinois Natural Areas Preservation Act requires the Department to recommend measures to avoid, minimize, or mitigate for adverse effects to protected natural areas designated by the Illinois Nature Preserves Commission. No recommendations made by the Department herein should be construed to imply the Department’s approval, endorsement, or authorization of the proposed action. EcoCAT has indicated records of several state-listed threatened plant and animal species within the vicinity of the project footprint. Listed Plants: EcoCAT has indicated Hall’s Bulrush (Schoenoplectus hallii) in the project vicinity. The Department recommends a qualified biologist search potential habitat areas for this plant before construction activities and report any occurrences to the Department. The Department recommends impacts to the plants be 1 avoided, if possible. If the plant cannot be avoided, the Department recommends topsoil conservation and/or translocation and seed collection with re-planting in nearby suitable habitat to help promote the continued existence of the plant. In cases of state-listed plant species, impacts are at the discretion of the landowner and removal or disturbance requires express written permission of the landowner (520 ILCS 10/3). Listed Animals: EcoCAT has also identified records of the state-listed threatened Ironcolor Shiner (Notropis chalybaeus), and Starhead Topminnow (Fundulus dispar) within the vicinity of the proposed wind development. The Department has determined that impacts to these fishes are not likely for this project; however, as plans for in-stream work in the area become available, the Department should be re-consulted for further guidance. EcoCAT has also identified records of the Illinois chorus frog (Pseudacris illinoensis) within the vicinity of the proposed wind development. This species spends most of its life underground in sandy soils and emerges to breed in wetlands and ditches which hold water from late February through early April. The young leave the waterbodies after metamorphosis by approximately early June in search of burrowing habitat. Given the life history of this species and soil types conducive to this species in the project area, the Department has determined that “take” of this species is likely for the project as defined under the Illinois Endangered Species Protection Act [520 ILCS 10/2]. • The Department recommends the County consider requiring the applicant to execute an Incidental Take Authorization (ITA) for the Illinois chorus frog for the purposes of this project. The Department understands the applicant is already pursuing an ITA for the Illinois chorus frog for this project. All issues regarding ITA should be coordinated with the Office of Resource Conservation Incidental Take Authorization coordinator, Jenny Skufca, at Jenny.Skufca@illinois.gov. Although there are no records of the Northern Long-eared Bat (Myotis septentrionalis) within the project footprint, records of this species exist within 12 miles in Mason County. Considering the random nature of take of listed bat species by wind farm facilities in Illinois, and the relative proximity of recent records of the species, the Department offers the following recommendations for listed bat species: • The Department recommends the County consider requiring three years of mortality monitoring to statistically quantify both bird and bat mortality, by species, due to turbine operations. If the County chooses not to do so, the applicant should consider implementing such a program to demonstrate the level of mortality experienced and the species affected, and compliance with applicable regulations. o The Department recommends a proposal on bird and bat mortality monitoring be sent to the Department for review and concurrence on methods and a report on results annually. The project proponent should seek the necessary research permits from the Department’s Office of Resource Conservation to handle birds and bats. If state-listed species are found during this monitoring, ITA would likely be recommended. • The Department recommends that the County consider requiring the applicant to curtail wind turbine operations below 5.0 meters per second between July 15 and October 15 to minimize mortality of all bat species. 2 • The Department recommends that the County consider requiring the applicant to feather turbine blades when not in operation to conserve all bat species. • Due to the relative proximity of records, the Department recommends that the County consider requiring the applicant to pursue Incidental Take Authorization for the Northern Long-eared Bat if the above recommendations are not adopted. Waterfowl The proposed wind farm is also situated in the vicinity of an important waterfowl migration route with the Middle Illinois River and several backwater conservation areas located approximately 10 to 15 miles to the northwest. These sites include the Rice Lake State Fish and Wildlife Area, Chautauqua National Wildlife Refuge, and Emiquon Preserve. Using 15 years of weather surveillance radar data, researchers have found that waterfowl departing from these backwater conservation areas in the fall typically fly in a south/southeast direction as opposed to following the river to the southwest (O’Neal et al. 2014). This direction of migration is directly toward the proposed wind turbine array. However, it is possible that waterfowl could reach cruising height (400-600 meters, O’Neal et al. 2010) before encountering the wind turbine array, resulting in little to no mortality events. Regardless, the potential for significant waterfowl mortality remains a concern of the Department at this location and underscores the need for bird and bat mortality monitoring. • Therefore, the Department recommends bird and bat mortality monitoring also be designed to represent the waterfowl migration period from September 1 through January 15. • If waterfowl mortality is determined to be a significant issue at this site, the Department would recommend curtailment be implemented during peak waterfowl migration events from September 15 through December 31 and during the sunset period as described by O’Neal et al. 2010. Further bird and bat mortality monitoring, as requested, may also suggest adjustments to this period are necessary. Consultation on the part of the Department is closed unless Mason County or the developer desires additional information or advice related to this proposal. In accordance with 17 Ill. Adm. Code 1075.40(h), please notify the Department of your decision regarding these recommendations. Consultation for Part 1075 is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. In accordance with 17 Ill. Adm. Code 1075.40(h), the County should notify the Department of its decisions on these recommendations in writing: whether it will proceed with the action as proposed; whether it will require modification of the proposed action consistent with the Department’s recommendation or otherwise; or whether it will forego the proposed action. The natural resource review reflects the information existing in the Illinois Natural Heritage Database and the Illinois Wetlands Inventory at the time of the project submittal, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project’s implementation, the applicant must comply with the applicable statutes and regulations. Also, note that termination does not
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