Greene County Solar Facility Case No. 17-F-0619

Attachment 22C Revised Exhibit 22 Appendices

Revised Appendix 22-C. Habitat Assessment and Preliminary Impact Determination Report Revised Appendix 22-E. Avian Cumulative Impact Assessment Report

Supplement Greene County Solar Facility

Greene County Solar Facility Case No. 17-F-0619

Attachment 22C Revised Exhibit 22 Appendices

Revised Appendix 22-C. Habitat Assessment and Preliminary Impact Determination Report Revised Appendix 22-E. Avian Cumulative Impact Assessment Report

Supplement Greene County Solar Facility

Habitat Assessment and Preliminary Impact Determination for Federal and State Protected Species (Revision 2.0) for the

Greene County Solar Facility Town of Coxsackie, Greene County, New York

March 2020

Prepared for:

Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC 621 W. Randolph Street Chicago, Illinois 60661

Prepared by:

Tetra Tech, Inc. 301 Ellicott Street Buffalo, New York 14203

Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

TABLE OF CONTENTS

INTRODUCTION ...... 1 PROJECT DESCRIPTION ...... 1 SITE BACKGROUND INFORMATION...... 2 METHODS ...... 3 DESKTOP DATA REVIEW ...... 3 FIELD SURVEY ...... 3 AGENCY COORDINATION ...... 3 PRESENCE/ABSENCE SURVEYS ...... 4 PROTECTED SPECIES PRELIMINARY IMPACT DETERMINATION ...... 4 RESULTS ...... 5 HABITATS IDENTIFIED AND PROPOSED IMPACTS ...... 5 Agricultural Land ...... 5 Open Land ...... 5 Immature hardwood forest...... 6 Mature hardwood forest ...... 6 Scrub-shrub ...... 6 Residential ...... 6 Commercial/Industrial ...... 6 Roads ...... 7 AGENCY COORDINATION ...... 7 Indiana Bat ...... 8 Northern Long-eared Bat ...... 9 Bald Eagle ...... 9 Northern Harrier ...... 9 Peregrine Falcon ...... 10 Short-eared Owl ...... 11 Cooper’s Hawk ...... 11 Grasshopper Sparrow ...... 11 Horned Lark ...... 12 Northern Goshawk ...... 12 Osprey ...... 12

i Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Sharp-shinned Hawk ...... 13 American Kestrel ...... 13 Barred Owl ...... 13 Bobolink ...... 14 Eastern Meadowlark ...... 14 SPECIES-SPECIFIC SURVEYS ...... 14 STATE-Regulated Occupied Habitat ...... 15 IMPACT ASSESSMENT ...... 17 PROPOSED HABITAT IMPACTS ...... 17 IMPACT ASSESSMENT AND PRELIMINARY DETERMINATION FOR LISTED SPECIES ...... 17 Indiana Bat ...... 17 Northern Long-eared Bat ...... 18 Bald Eagle ...... 18 Northern Harrier ...... 18 Peregrine Falcon ...... 20 Short-eared Owl ...... 20 Cooper’s Hawk ...... 21 Grasshopper Sparrow ...... 21 Horned Lark ...... 22 Northern Goshawk ...... 22 Osprey ...... 22 Sharp-shinned Hawk ...... 23 American Kestrel ...... 23 Barred Owl ...... 23 Bobolink ...... 24 Eastern Meadowlark ...... 24 SUMMARY ...... 26 REFERENCES ...... 27

LIST OF TABLES

Table 1. Habitats Identified and Proposed to be Impacted ...... 5 Table 2. Protected Species Identified Near the Facility Area ...... 8

ii Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

LIST OF APPENDICES

APPENDIX A Proposed Facility Layout and Design

APPENDIX B Solar Module Installation Typical Drawing

APPENDIX C Figures Figure 1. Facility Location Figure 2. Habitat Assessment Area Boundaries Figure 3. Habitats Impacted by the Facility

APPENDIX D Photographic Log

APPENDIX E Protected Species Correspondence

PRIVILEGED AND CONFIDENTIAL APPENDIX F Avian Species-Specific Survey Reports 2017-2018 Wintering Grassland Raptor Survey Report 2018 Grassland Breeding Bird Survey Report Memo Summary of NYSDEC Winter Raptor Surveys Near the Greene County Solar Facility

iii Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

LIST OF ACRONYMS AND ABBREVIATIONS

AC alternating current Assessment Area 500-foot buffer of the Facility Area used for habitat delineation CHGE Central Hudson Gas and Electric DC direct current ESA Endangered Species Act of 1973, as amended Facility equipment and infrastructure associated with the Greene County Solar Farm Facility Area 827-acre area being leased Ft feet GIS Geospatial Information System Hecate Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene 3 LLC IPaC Information, Planning, and Conservation System ITP Incidental Take Permit kV kilovolts LOD limit of disturbance MW megawatt NLEB northern long-eared bat NMFS National Marine Fisheries Service NRCS Natural Resources Conservation Service NYCRR New York Code of Rules and Regulations NYNHP New York Natural Heritage Program NYS New York State NYSDEC New York State Department of Environmental Conservation NYSDPS New York State Department of Public Service NLEB northern long-eared bat Part 182 6 NYCRR Part 182 Pd Pseudogymnoascus destructans PV photovoltaic ROW right-of-way Tetra Tech Tetra Tech, Inc. U.S.C. United States Code USDA United States Department of Agriculture USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey WNS white-nose syndrome

iv Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

INTRODUCTION

Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene 3 LLC (Hecate) is proposing to construct the Greene County Solar Facility (Facility) on an approximately 827-acre lease of privately- owned land (Facility Area). Once completed, the fenced limits of the constructed Facility will be approximately 335 acres. On behalf of Hecate, Tetra Tech, Inc. (Tetra Tech) completed desktop and field surveys to support an evaluation of the potential impacts from construction and operation of the Facility on any protected species with the potential to occur within or near the Facility Area. Protected species is defined as those species that are protected under the federal Endangered Species Act of 1973, as amended (16 United States Code [U.S.C.] 1531 et seq.) (ESA) and/or New York State’s Endangered and Threatened Species, and Species of Special Concern Act (ECL § 11-0535). This report provides a detailed habitat assessment, an evaluation of the potential impacts, and the preliminary impact determinations for each protected species, consistent with published guidelines for U.S. Fish and Wildlife Service (USFWS) coordination under section 7 of the ESA. This report format and analysis should also be acceptable for compliance with Title 6 Part 182 (Part 182) of the New York State Codes of Rules and Regulations (NYCRR). Due to the difference in enforcement of the federal and state ESAs, for protected state-listed species there are separate determinations for both direct take of a protected species and occupied habitat for the protected species.

PROJECT DESCRIPTION

Hecate Energy is proposing to construct the Facility on approximately 827 acres of privately-owned located in the Town of Coxsackie along Farm to Market Road, between United States Route 9W and New York State Route 385, approximately 21 miles south of the City of Albany, New York. The Facility will have a nameplate capacity of approximately 50 MW (alternating current [AC]) and is expected to generate approximately 93,406 megawatt-hours of energy annually. The Facility will consist of solar arrays and associated infrastructure and have a footprint that occupies approximately 379 acres (46 percent [%]) of the total 827-acre Facility Area. The design of the Facility consists of the following components: • A solar field of photovoltaic (PV) panels producing direct current electricity mounted on single-axis tracking structures that will follow the sun throughout the day; • Inverters within weather rated enclosures dispersed throughout the Facility (amongst the solar arrays) to convert direct current electricity to AC electricity; • Medium voltage transformers that will raise the low voltage from the inverters to medium voltage cable collection systems (13.8 kilovolt [kV] and 34 kV) that will extend underground to collection points for connection to the transmission grid; • New on-site adjacent collection substations to which the solar 34 kV medium voltage collection systems will connect to and be raised to the 69 kV transmission voltage; • New Central Hudson Gas and Electric Corporation (CHGE) built switchyard to be located adjacent to the solar collection substation on lands within the Facility Area that will connect to the Facility to the CHGE 69 kV transmission line located directly adjacent to the Facility Area; • A new 13.8 kV pole mounted electrical recloser switch which will connect the 13.8 kV medium voltage solar collection system to the CHGE grid; • A new CHGE-built, approximately 0.85 mile long offsite 13.8 kV distribution line that will connect a portion of the Facility to the existing offsite Coxsackie Substation that is connected to the CHGE 69 kV transmission line; • Monitoring, control, and protection systems to remotely control the solar Facility to reliably operate on the New York State grid;

1 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

• Internal civil infrastructure, including parking, permanent gravel access roads and grass pathways, security fencing around Facility equipment, and landscape screening vegetation; • Temporary laydown, construction office trailers, and other temporary facilities and equipment staging areas during construction of the Facility, all within the planned limit of disturbance within Facility Area; and • Conservation areas planned for continued agricultural uses, or potentially for habitat conservation. The Facility will use the same type of PV panels installed on over one million homes in the United States. The PV panels for the Facility will be ground-mounted on a low-profile racking system that will be supported by I-beam posts driven into the ground. The result is an extremely small ground disturbance footprint associated with the panels. A portion of the Facility output (the two 20-megawatt outputs) will connect to the be on CHGE’s 69 kV transmission line that extends between the existing North Catskill and Coxsackie Substations. The remaining portion of the Facility output (the 10 megawatt output) will connect to CHGE’s grid at the Coxsackie 13.8 kV Substation, via a new CHGE-built and owned 0.85-mile long, offsite 13.8 kV distribution line to be located within an existing CHGE right- of-way along Stacy Road.

SITE BACKGROUND INFORMATION

The Facility area is located within the Hannacroix Creek-Hudson River (Hydrologic Unit Code [HUC] 0202000604) and Saw Kill-Hudson River (HUC 0202000611) watersheds. Within a 2-mile radius around the Facility Area, are various commercial and residential developments, with the nearest residential neighborhood located immediately to the south, along Sleepy Hollow Road. Several rural residences are also located adjacent to the Facility Area, but more sparsely amongst the agricultural fields and forested areas. The Coxsackie-Athens Junior and Senior High Schools are located approximately one half mile north of the Facility Area, and the town of Coxsackie is located approximately 0.5 mile to the northeast. Appendix C, Figure 1 depicts the Facility location on a topographic base map, and Figure 2 provides the Facility Area on an aerial base map. According to Descriptions of the Ecosystem Regions of the United States (Bailey 1995), the Facility Area is entirely within the Eastern Broadleaf Forest (Oceanic) Province, which is characterized by a temperate deciduous forest dominated by tall broadleaf trees. These trees typically provide a high canopy that is dense and continuous in the summer months, then shed their leaves in winter (United States Forest Service [USFS] 2014). Topography can be characterized as flat to moderate slopes with occasional steep-sided stream valleys dispersed throughout. Soils within the Facility Area are predominantly silt loam, sandy loam, and silty clay loam (USDA 2019).

2 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

METHODS

Tetra Tech used a combination of desktop assessment, field surveys, and post-field data analysis to develop the habitat assessment survey and preliminary impact determinations for protected species in the Facility Area.

DESKTOP DATA REVIEW

Desktop analysis of existing site information and available data included review of the following resources: • Aerial photographs to identify general habitat types, drainages, and other landscape features; • Land use and cover type maps; • United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey; • U.S. Geological Survey (USGS) 7.5-minute series topographic maps; and, • On site aquatic resource data from the wetland and waterbody delineation field efforts 2016-2019 (Tetra Tech 2019a and 2019b). • 2017-2018 Wintering Grassland Raptor Survey Report (Tetra Tech 2019c), 2018 Grassland Breeding Bird Survey Report (Tetra Tech 2019d), and Greene County Solar Facility NYSDEC Winter Raptor Survey Memo (Tetra Tech 2019e)

The desktop analysis included background research and review of existing survey data to compile known species occurrences, natural history and habitat requirements, and habitat information for the Facility Area and surrounding areas.

FIELD SURVEY

Tetra Tech biologists conducted a general habitat assessment in conjunction with wetland and waterbody delineation field surveys from November 2016 to August 2019. Surveyors documented general habitat boundaries and characteristics, representative plant species, vegetation age class, and notable habitat features such as snags, large diameter trees or woody debris, and rock outcroppings.

AGENCY COORDINATION

On behalf of Hecate, Tetra Tech initiated coordination with the regulating agencies, and prepared protected species requests specific to the Facility to submit to USFWS through the Information for Planning and Consultation (IPaC) module on November 20, 2019, to the New York Natural Heritage Program (NYNHP) in early 2018, and meetings with NYSDEC in March 2019. The letters requested identification of any federal and/or state listed threatened, endangered, or species of concern, National Wildlife Refuges/management areas, significant habitats, or other natural landscape features that may be directly or indirectly impacted by construction and operation of the Facility. A geographic information system (GIS) shapefile of the approximately 827-acre Facility Area was submitted with these requests to be used as the minimum boundary limits to be evaluated by each agency.

3 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

PRESENCE/ABSENCE SURVEYS

If agency coordination identified a need to complete species-specific surveys, surveys were scheduled during the appropriate season and completed according to approved methods by competent staff with appropriate experience, licenses, and/or permits.

PROTECTED SPECIES PRELIMINARY IMPACT DETERMINATION

Tetra Tech created an Assessment Area that included the 827 acre Facility Area and a 500-foot buffer to facilitate the impact determination for identified protected species. The Assessment Area was used to map the extent of the different habitat types not only inside, but outside and adjacent to the Facility Area boundary. Field results from ground surveys were used to map the different habitats with the Facility and areas not visited in the field were evaluated by aerial interpretation. The mapped habitats in the Assessment Area provides a total of approximately 1,137 acres to use for evaluation of potential use of the Facility by protected species. Following this detailed mapping, Tetra Tech used the approximately 379-acre limit of disturbance (LOD) boundary to depict the extents and quantity of impact to each identified habitat type during Facility construction and operation. The boundaries of the Assessment Area and the LOD are depicted in Appendix C, Figure 2. This habitat impact area calculation was used in conjunction with results of species-specific surveys, likelihood of species presence, proposed mitigation and minimization efforts for Facility construction, and the scope and scale of the proposed activities associated with construction and operation of the Facility to assess the impact to each protected species. The resulting potential impacts to the species was then used to apply one of the potential effects determination statements from the Endangered Species Consultation Handbook (USFWS & NMFS 1998). Unless there is designated critical habitat, USFWS does not regulate impacts to habitat occupied by protected species. At the state level, the ECL regulates all “activities that will result in direct harm to listed species or the adverse modification of the occupied habitat of endangered or threatened species”. Part 182 does not specifically define take to include adverse modification of habitat, it is defined under “lesser act”. Along with this definition and appellate court decisions, the ECL regulates adverse modification to habitat as an activity that requires an Incidental Take Permit (ITP) (NYSDEC 2019f). Part 182 defines adverse modification of habitat as “any alteration of the occupied habitat of any species listed as endangered or threatened in this Part that, as determined by [NYSDEC, or the Siting Board under Article 10], is likely to negatively affect one or more essential behaviors of such species”. In order to receive a Part 182 ITP, any unavoidable impacts to protected species or their habitat proposed by a project must have a mitigation plan that completely offsets these impacts and results in a net conservation benefit.

4 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

RESULTS

HABITATS IDENTIFIED AND PROPOSED IMPACTS

Generally, the habitats present within the Assessment Area can be grouped into the following types: agricultural land, open land, immature hardwood forest, mature hardwood forest, scrub-shrub, residential areas, commercial/industrial areas, and roads. Based on data collected in the field as well as an evaluation of satellite imagery, seven primary habitat types were identified in the Assessment Area during the survey efforts. Table 1 below summarizes the extent of each of the habitats present within the Assessment Area and the proposed impact area in the Facility LOD. Appendix C, Figure 3 shows the extent of the habitats delineated in the vicinity of the Facility, and the extents of the LOD. Representative photographs of the habitat types identified are provided in Appendix D.

Table 1. Habitats Identified and Proposed to be Impacted

Acreage in % of Acreage % of Habitat Type Assessment Assessment in LOD LOD Area Area

Agricultural 756.15 54.55 344.95 91.09

Open land 187.38 13.52 14.69 3.88

Immature Hardwood Forest 9.32 0.67 2.20 0.58

Mature Hardwood Forest 262.88 18.96 9.95 2.63

Scrub-shrub 34.93 2.52 3.38 0.89

Residential 92.90 6.70 0.66 0.18

Commercial/Industrial 20.13 1.45 0.25 0.07

Roads 22.54 1.63 2.59 0.68

TOTALS* 1,386.23 100% 378.68 100%

*grouping and rounding may result in minor, discountable acreage inconsistencies.

Agricultural Land

Agricultural land occupies the most area within the Facility Area and consists of land used for row or field crops such as corn, potatoes, soybeans, alfalfa, wheat, timothy, and oats, as well as cover crops planted during fallow seasons. Most of the agricultural areas in the Facility Area have been used for multiple seasons and have been actively farmed. Also included in this habitat type are pastures and hayfields that are in constant agricultural production or grazing rotation.

Open Land

Open Land in the Facility Area consists of marshes, meadows, and successional old fields without an overstory or consistent vertical structure. They are typically managed seasonally by mechanical means (e.g., mowing) but not

5 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination used for agricultural production, such as former agricultural fields that are now fallow and maintained rights-of-way. Most of the open land at the Facility Area is either previous agricultural land or land unsuitable for agricultural production due to frequent inundation (such as marshes and wetlands).

Immature hardwood forest

Immature hardwood forests consist of early-successional stands of hardwood trees common to the region, including oak (Quercus spp.), hickory (Carya spp.), ash (Fraxinus spp.), and maple (Acer spp.). Also prominent is a subcanopy of small trees and shrubs, including hophornbeam (Ostrya virginiana) and assorted shrubs. Stands are typically of mixed age, but dominated by young trees. Trees of this age typically are not mature enough to develop peeling bark. Immature hardwood forest areas at the Facility Area are mostly located in uncultivated areas between or at the margins of agricultural fields, especially in uncultivated woodlots and stream valleys.

Mature hardwood forest

Mature hardwood forest consists of later-successional stands of hardwood trees common to the region, including oak, hickory, ash, and maple. The shrub layer is more sparse than immature hardwood forest, above, but may include witch hazel (Hamamelis virginiana), serviceberry (Amalanchier arborea), and various dogwoods (Cornus spp.). Ground-layer herbs may include wild sarsaparilla (Aralia nudicaulis), false Solomon’s seal (Maianthemum racemosum), and Pennsylvania sedge (Carex pennsylvanica). Stands are dominated by larger-diameter trees that may have developed peeling bark or dead/hollow branches that may provide habitat for wildlife. In the Facility area, mature hardwood forests can be found along Farm to Market Rd. and along the eastern edge, near a prominent wetland, as well as larger woodlots, such as those on uncultivated hills within agricultural fields.

Scrub-shrub

Scrub-shrub areas include previously disturbed areas in the early stages of succession and various transitional habitats in highly-fragmented agricultural landscapes. This habitat is characteristically dominated by shrubs with less than a 3-centimeter diameter at breast height and greater than 1 meter tall. Common species includes buckthorn (Rhamnus cathartica), dogwoods, honeysuckle (Lonicera spp.), blackberry (Rubus spp.), multiflora rose (Rosa multiflora), and grape (Vitis spp.), interspersed with various forbs and grasses. Scrub-shrub areas are common at the Facility area along the margins of agricultural fields and in transitional areas between forested and open habitats.

Residential

Residential areas consist of moderately-spaced homes with lawns, driveways, and other outbuildings or facilities such as sheds and pools. Lawns are dominated by grasses and forbs, but trees and shrubs are common at low densities. Vegetable or ornamental flower gardens may be present. The largest residential area in the vicinity of the Facility Area is present along its southern edge, but others exist more sporadically around its borders.

Commercial/Industrial

Commercial/industrial areas consists of land devoted to higher-intensity business uses or development, such as offices, factories, energy infrastructure, farm buildings, and associated facilities. Vegetation is often sparse, but commonly includes grasses, dandelion (Taraxacum officinale), and common plantain (Plantago major). Commercial/industrial land at the Facility Area is somewhat rare, but present in isolated areas at the margins of the

6 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Facility Area plus some isolated agricultural outbuildings within the Facility Area itself. A railroad and overhead electrical ROW also parallel the western edge of the Facility Area; the vegetation in this mowed/maintained strip is dominated by grasses, forbs, vines, and low shrubs that can tolerate infrequent mowing.

Roads

Roads include both paved and unpaved (gravel or dirt) roads sufficient for motor vehicle travel. Vegetation is limited to what can survive along roadsides or highly disturbed areas, including grasses and various weeds. Several paved roads border and/or bisect the Facility Area, such as Farm to Market Road and Adams Road Unpaved roads are common between active agricultural fields within the Facility Area.

AGENCY COORDINATION

The IPaC report (dated December 11, 2019) and NYNHP letter response (dated March 6, 2018) indicated that the Facility Area is within range of two different federally-listed species and two species protected at the state level. The IPaC report identified the potential for the northern long-eared bat (Myotis septentrionalis) (NLEB) and Indiana bat (Myotis sodalis) to be in or near the Facility. No federally designated critical habitats or other significant habitats were identified by USFWS. NYNHP identified the state-threatened northern harrier (Circus cyaneus) and the state- endangered short-eared owl (Asio flammeus), as well as an “animal assemblage” feature of a “Raptor Winter Concentration Area; Nonbreeding” within the Facility Area. Both the IPaC report and the NYNHP response letter are provided in Appendix E. In a meeting on March 14, 2018, NYSDEC identified the northern harrier, the short-eared owl, and the state-listed special concern horned lark (Eremophilia alpestris) as species of concern. Due to the public Article 10 process, NYSDEC stated they are unable to provide an official list of protected species that are known or expected to occur in the vicinity of the Facility Area. Two state-listed species of special concern, grasshopper sparrow (Ammodrammus savannarum) and Cooper’s hawk (Accipiter cooperi), and two species of greatest conservation need (SGCN), bobolink (Dolichonyx oryzivorus) and high priority SGCN (SGCN-HP) eastern meadowlark (Sturnella magna), were observed during on-site surveys conducted by Hecate. Additionally, NYSDEC winter raptor surveys conducted in proximity to the Facility Area documented several other species of concern including the following: state-listed endangered species peregrine falcon (Falco peregrinus); state-listed threatened species bald eagle (Haliaeetus leucocephalus); species of special concern northern goshawk (Accipiter gentilis), osprey (Pandion haliaetus), and sharp-shinned hawk (Accipiter striatus); and, SGCN-HP American kestrel (Falco sparverius) and barred owl (Strix varia) in or near the Facility Area. These species are evaluated in this report along with the remaining five species identified during the agency coordination phase of Facility planning.

Based on the response letter from NYNHP, the USFWS’s IPaC report, communications with NYSDEC, and field survey data, there are 12 protected species and four SGCN/SGCN-HP known to occur in the vicinity of the Facility Area (Table 2). All of the 12 protected species are protected in New York, but only two of the 12 species are federally protected. While the four species that are classified by NYSDEC as SGCN/SGCN-HP are the target of state-level conservation actions or management intervention because they are either experiencing some level of population decline or are at risk due to one or more identified threats, the designation carries no federal- or state-level regulatory protection. Sections 3.2.1 through 3.2.16 below summarize the natural history, habitat requirements, and potential presence of required habitat within the Facility Area for each of the species of concern.

7 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Table 2. Protected Species Identified Near the Facility Area

Species Scientific Name Federal Status State Status SGCN Listing Indiana bat Myotis sodalis Endangered Endangered SGCN-HP

Northern long-eared bat Myotis septentrionalis Threatened Threatened SGCN-HP

Bald eagle Haliaeetus leucocephalus n/a Threatened SGCN

Northern harrier Circus cyaneus n/a Threatened SGCN

Peregrine falcon Falco peregrinus n/a Endangered SGCN

Short-eared owl Asio flammeus n/a Endangered SGCN-HP

Cooper’s hawk Accipiter cooperi n/a Special Concern SGCN-HP

Ammodrammus SGCN-HP Grasshopper Sparrow n/a Special Concern savannarum

Horned lark Eremophilia alpestris n/a Special Concern SGCN-HP

Northern goshawk Accipiter gentilis n/a Special Concern SGCN

Osprey Pandion haliaetus n/a Special Concern SGCN

Sharp-shinned hawk Accipiter striatus n/a Special Concern SGCN-HP

American kestrel Falco sparverius n/a n/a SGCN-HP

Barred owl Strix varia n/a n/a SGCN-HP

Bobolink Dolichonyx oryzivorus n/a n/a SGCN

Eastern meadowlark Sturnella magna n/a n/a SGCN-HP

Indiana Bat

The Indiana bat is classified as an endangered species by both USFWS and NYSDEC. The IPaC report identified the potential for the Indiana bat to occur in the vicinity of the Facility Area. Natural History Overview – The Indiana bat hibernates during winter in caves and abandoned mines. The species prefer cool, humid caves that support stable temperatures. After hibernation, the Indiana bat migrates to summer habitats in large wooded areas, roosting under loose bark and cavities of dead or dying trees. This species preys on several species of flying insects along lakes, rivers, and in upland areas (USFWS 2018a). The Indiana bat is found predominantly across the eastern half of the United States. In New York, knowledge of distribution is limited to winter hibernacula. There are eight known hibernacula located in Albany, Essex, Warren, Jefferson, Onondaga, and Ulster Counties, New York. Although it is known that this species’ range increases greatly after hibernation, the full range is not clear due to the wide dispersal of summer roosting habitat (USFWS 2018a). Conditions in the Assessment Area – Within the Assessment Area, potential habitat exists within wooded areas, such as the hardwood forest areas, where bats would spend their summer months. Dead and dying trees where bats can roost underneath loose bark and live trees with loose bark, such as shagbark hickory, are most ideal. There are no known caves or mines within the Assessment Area, but potential roosting habitat is present in the observed forested areas.

8 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Northern Long-eared Bat

The northern long-eared bat is listed as a threatened species by NYSDEC and USFWS. The IPaC report identified the potential for construction of the Facility to impact the NLEB and this species was not identified by NYNHP. Natural History Overview – NLEB spends the winter hibernating in caves and underground mines. Various sized caves and mines with constant temperatures, high humidity, and no air currents are used by the species. In summer, individuals roost singly or in colonies beneath bark, in natural cavities or crevices of live or dead trees. As a species, the NLEB is rather opportunistic in choosing roosting areas, but rarely roosts in structures such as barns or sheds. Emerging at dusk to feed, NLEB primarily forage on moths, flies, leafhoppers, caddisflies, and beetles (USFWS 2018b). As the summer habitat for NLEB has not been well-defined by scientific research, almost any forested area may serve as potential foraging and/or roosting habitat. The species forages over waterbodies (e.g. streams and ponds), under forest canopies, and along forest edges. Conditions in the Assessment Area – Since the species is known as an opportunistic rooster, potential habitat for this species is present in all forested areas of the Assessment Area. The hardwood forest areas in the central and southernmost sections of the Assessment Area include many trees with exfoliating bark and crevices which could serve as NLEB roosting sites.

Bald Eagle

The bald eagle is listed as a threatened species by NYSDEC. Bald eagles were observed in or near the Facility Area by NYSDEC during field surveys conducted between 2008 to 2019. Once listed for protection under the ESA, the bald eagle’s recovery prompted its removal from the Endangered Species list in June 2007. While they are no longer an endangered species, bald eagles are still protected by multiple federal laws such as the Bald and Golden Eagle Protect Act. Bald eagles numbers have rebounded substantially in the New York State and they occur in the state year-round. Natural History Overview –Bald eagles construct large, conspicuous nest in tall trees within forested areas adjacent to large bodies of water, and exhibit high site fidelity. They forage primarily on fish but are opportunistic and will consume birds, reptiles, amphibians, larger invertebrates, and small mammals. They take their prey live, fresh, or as carrion. Conditions in the Assessment Area – The Assessment Area does not contain any large, open water areas and therefore does not provide habitat for bald eagles’ primary food source. However, the Assessment Area is within proximity (approximately 1 mile) to known nesting sites along the Hudson River, and contains abundant open areas and habitat for other prey items. While many of the forested areas within the Assessment Area are scrubby and lack the tall, emergent trees preferred by eagle for nesting, some taller trees (particularly white pine) may occur, particularly on the eastern side.

Northern Harrier

The northern harrier is not federally protected under the ESA but is classified as a threatened species by NYSDEC. NYSDEC identified northern harrier as a species of concern during pre-application meetings and communications for the Facility that were conducted in March 2018. Natural History Overview – The northern harrier inhabits the state year-round. Winter months are spent roosting in communal flocks in open habitats with high rodent populations, such as abandoned fields and salt marshes. During breeding season, important habitat includes both freshwater and brackish marshes, tundra, fallow grasslands, meadows and cultivated fields (NYNHP 2019a). Northern harriers prey primarily on various species of rodents,

9 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination small birds, large reptiles such as snakes and lizards, and some rabbit species. They are also known to feed on carrion, especially during winter months. Populations of Northern Harriers have declined in North America in the twentieth century due to draining of wetlands and reforestation of wetlands (Smith et al. 2011). However, the species is nomadic and regional trends vary considerably. For example, the number of survey blocks where the species was observed between the first (1980- 1985) and second (2000- 2005) New York State Breeding Bird Atlas declined only 1%. Christmas Bird Count data from 1950 to 2010 showed increasing trends in New York’s wintering population (DEC 2015). A positive trend was likewise observed in Vermont, with an increase of 91% of survey block occupancy from the first (1976-1981) to the second (2003-2007) breeding bird atlas (Renfrew 2013). Overall, the distribution and abundance trend of the species in New York is listed as “Stable”. Conditions in the Assessment Area – The Assessment Area contains abundant habitat for prey species hunted by the northern harrier. Open land and scrub-shrub areas provide suitable habitat for various rodent and small bird species, as well as rabbits. Forested areas also provide essential habitat for many of these species. Legal Standing – NYSDEC is proposing to revise the list of endangered, threatened, and special concern species (NYSDEC 2019a). The northern harrier is one of the species included on the Draft List Under Part 182.5 Pre- proposal–October 2019 with the proposed revision in a status from Threatened to a Species of Special Concern in the State of New York (NYSDEC 2019b). The current List of Endangered, Threatened, and Special Concern Fish and Wildlife Species of New York State, on which the species is currently listed as Threatened, was developed under the authority of ECL of New York, Section 11-0535 and 6 New York Codes of Rules and Regulations (NYCRR) Part 182, which went into effect December 4, 1999 (NYSDEC 2019a). In-depth species status assessments were conducted in conjunction with the New York State Wildlife Action Plan and the northern harrier was included as a Species of Greatest Conservation Need, not Threatened, on that assessment (NYSDEC 2015b). Information collected from those assessments serve as justification for the proposed changes in listing status 10 years following the initial listing in 1999. A 90-day public comment period on the proposed changes opened on October 25, 2019 and closes on January 24, 2020 (NYSDEC 2019b); the public is invited to review draft changes and submit relevant information that may assist the Department in making a final listing determination. A final listing determination date is not available at this time.

Peregrine Falcon

The peregrine falcon is not federally protected under the ESA but is classified as an endangered species by NYSDEC. Peregrine falcon was observed at the Facility Area during a wintering raptor survey conducted by NYSDEC in January of 2016. Natural History Overview – Breeding range for the peregrine falcon in New York State has been significantly reduced due the impact of habitat loss and pesticides such as DDT, but currently includes the eastern Adirondacks and lower Hudson Valley, as well as scattered urban locations in Buffalo, Rochester, Binghamton, and New York City (NYSDEC 2020a). They typically nest on ledges or holes on rocky cliff faces, but will also use manmade structures such as bridges and tall buildings. Breeding occurs between May and July, with clutches of 3-4 eggs. The species is considered migratory throughout the rest of the state, but may be spotted any time of year. During migration and winter, these falcons can be observed in nearly any open habitat. Peregrine falcon primarily hunts songbirds and waterfowl, which it catches in a steep aerial dive (stoop) from above (NYNHP 2020). Conditions in the Assessment Area – Given its close proximity to the Hudson River, the Assessment Area falls within the current breeding range of the peregrine falcon. However, no breeding habitat such as high cliff faces exist within the Assessment Area itself. Foraging habitat is present, though not ideal, as the Assessment Area lacks sufficiently elevated perches.

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Short-eared Owl

The short-eared owl is not federally protected under the ESA but is classified as an endangered species by NYSDEC. NYSDEC identified short-eared owl as a species of concern during pre-application meetings and communications for the Facility that were conducted in March 2018. Natural History Overview – The most northern counties of New York State are within the southern limits of the breeding range for the short-eared owl. Since the species spends summer months in more northern latitudes, individuals are generally found in New York during the winter months. If conditions are favorable (minimal snow cover favoring hunting opportunity) short-eared owls will occasionally breed in parts of the state including the Champlain and St. Lawrence Valley, western New York, and coastal Long Island. Short-eared owls prey predominantly on small mammals—particularly the meadow vole—but also eat small birds and insects (NYNHP 2019b). Conditions in the Assessment Area – The Assessment Area is in the short-eared owl’s winter range, but outside of the known breeding range and the rare breeding occurrences in the more southern reaches of New York. The Facility Area contains suitable habitat for various prey species as well as winter nesting habitat for the species, primarily in open land and scrub-shrub habitats.

Cooper’s Hawk

The Cooper’s hawk is not federally protected under the ESA but is classified as a special concern species by NYSDEC. Cooper’s hawks were observed by both Tetra Tech and NYSDEC during wintering raptor surveys conducted at the Facility Area. Natural History Overview – Cooper’s hawk is a woodland hawk that has been recorded as breeding throughout New York State (McGowan and Corwin 2008) and can be found in the state year-round. It nests primarily in extensive forests (approximately 10-20 acres) in trees (typically pine, oak, Douglas-fir, beech, or spruce), often 25- 50 feet high on a horizontal branch, and produces one brood of 2-6 young per season. Cooper’s hawks hunt small birds and mammals by stealth, at high speeds through forest canopy or by maneuvering with patience from perch to perch in dense cover to overtake prey. It is a common hunter in suburban areas, parks, and fields and especially near feeders (Cornell 2019). Conditions in the Assessment Area – Breeding and foraging habitat for the Cooper’s hawk are present in the Assessment Area. The several woodlots within and adjacent to the Assessment area may provide breeding habitat, while the abundant open areas and proximity to residential and/or low-intensity developed areas are favorable foraging habitat.

Grasshopper Sparrow

The grasshopper sparrow is not federally protected under the ESA but is classified as a species of special concern by NYSDEC. The grasshopper sparrow was identified during on-site surveys in the Facility Area in 2018. Natural History Overview – The entirety of New York State is within the breeding range of the grasshopper sparrow, although the observed distribution of the species occurs primarily in low elevation areas of the state within suitable grassland habitats, outside of the interior mountainous regions (Fink et al. 2019). Preferred habitat within the breeding range includes large tracts of dense grasslands, such as hayfields, upland meadows, and pastures with little to no shrub cover and some bare ground (NYSDEC 2019d; Vickery 1996). Under favorable breeding conditions, it is common for the grasshopper sparrow to have two brood cycles per year, with egg laying beginning in late May, even in northern regions. Summer diet consists primarily of grasshoppers, but is usually augmented by other insects and seeds (Vickery 1996).

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Conditions in the Assessment Area – The Assessment Area is entirely within the breeding range for the grasshopper sparrow. Limited permanent grassland habitat exists within the Assessment Area, but it is possible that favorable nesting and/or foraging sites conditions are present during the breeding season.

Horned Lark

The horned lark is not federally protected under the ESA but is classified as a species of special concern by NYSDEC. NYSDEC identified the horned lark as a species of concern during pre-application meetings and communications for the Facility that were conducted in March 2018. Natural History Overview – New York State is at the northern edge of the year-round range for the horned lark. It is the earliest New York State native species to nest – with favorable conditions, the species will nest as early as February. Typically, the species has two clutches per year. The horned lark prefers habitats with short grasses or barren ground and is apt to nest in row crops. As is typical of many songbirds, the horned lark generally feeds on invertebrates and seeds (NYSDEC 2019c). Conditions in the Assessment Area – The Assessment Area is entirely within the year-round range for the horned lark. There is a significant representation of agricultural field habitat within the Assessment Area, and it is highly likely that the horned lark could be present in the Facility Area at any point of the year.

Northern Goshawk

The northern goshawk is not federally protected under the ESA but is classified as a special concern species by NYSDEC. A Northern goshawk was observed at the Facility Area during wintering raptor survey conducted by NYSDEC and during surveys in support of the Facility. Natural History Overview – The northern goshawk breeds throughout New York State, and can be found there year- round (McGowan and Corwin 2008). It typically chooses the largest tree in a stand of mature or old-growth forest with greater than 60% canopy cover for a nest site, placing the nest next to the trunk on a horizontal branch. The northern goshawk is rare, but can be found in forested areas, along riparian corridors, and open habitats. They hunt a wide variety of prey including birds, mammals, and reptiles, but ground mammals such as squirrels and rabbits are the most common. It strikes prey feet-first after gliding, but if detected, may pursue fleeing prey through the forest or underbrush (Cornell 2019). Conditions in the Assessment Area – There are no old-growth or mature forested stands in or within the immediate vicinity of the Assessment Area that are likely to be favorable breeding habitat for the northern goshawk. However, the species may utilize the Assessment Area as foraging habitat, as considerable open space and forest edge is available, and prey species such as squirrels, rabbits, and songbirds are common.

Osprey

The osprey is not federally protected under the ESA, but is listed by NYSDEC as a special concern species. Osprey was observed at the Facility Area during a wintering raptor survey conducted by NYSDEC. Natural History Overview – There are three main breeding locations for osprey in New York State, the Adirondacks, northern Finger Lakes/Syracuse area, and Long Island, but breeding pairs can be found outside that range where conditions are suitable. Osprey construct large nests of sticks atop a dead tree, telephone pole, or man-made nesting platform, within about 12 miles of open water. Females lay 1-4 eggs in the spring, and nests are commonly re-used in consecutive years (NYSDEC 2020c). Osprey hunt live fish, which they catch from the air in a plunging, feet-first dive. They are found around open water including rivers, lakes, reservoirs, and marshes (Cornell 2019).

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Conditions in the Assessment Area – The Assessment Area is not within the known breeding range of osprey, but conditions are likely to be suitable for breeding along the Hudson River and near Sleepy Hollow Lake, both within one mile of the Assessment Area. The New York State Breeding Bird Atlas listed the breeding status for osprey in the area as “Probable” in its latest assessment (McGowan and Corwin 2008). While suitable foraging habitat occurs in proximity to the Assessment Area, ospreys are unlikely to utilize the Assessment Area itself, though, as no large open water bodies are present within its limits.

Sharp-shinned Hawk

The sharp-shinned hawk is not federally protected under the ESA but is classified as a special concern species by NYSDEC. Sharp-shinned hawk was observed at the Facility Area during wintering raptor surveys conducted by NYSDEC. Natural History Overview – The sharp-shinned hawk breeds throughout New York State (McGowan and Corwin 2008) and can be found there year-round. They nest primarily in conifers, near the top of the tree and under dense forest cover, producing one brood of 2-3 young per year. Sharp-shinned hawks are small woodland raptors that pursue prey such as small birds, rodents, and insects while in flight from a hidden perch. They are commonly found in forests and forest edges but can also be found in more open habitats such as suburban areas with bird feeders (Cornell 2019). Conditions in the Assessment Area – There are few tall conifers in or in the vicinity of the Assessment Area, and none of those forested areas have highly-closed canopies. Therefore, the Assessment Area is unlikely to provide breeding habitat for the sharp-shinned hawk. However, foraging habitat for the species is present, as woodlots and forest edges provide cover for hunting birds and small mammals, which are likely to be common at the Assessment Area.

American Kestrel

The American kestrel is not federally protected under the ESA, but is classified by NYSDEC as SGCN-HP. American kestrel was observed at the Facility Area during wintering raptor surveys conducted by NYSDEC. Natural History Overview – The American kestrel breeds throughout New York State, except for the Adirondacks. It nests beginning in late March-early April in tree cavities, crevices, or man-made nest boxes. It can be found year- round in other regions of the state, though populations in the Adirondacks, Alleghenys, Catskills, lower Hudson, and Long Island have experienced declines in recent decades (NYSDEC 2020b). American kestrel can be found in grasslands and other open habitats, where it primarily hunts insects, invertebrates, and small rodents. It searches for prey form an elevated perch such as a telephone line, then flies and hovers in midair above prey before pouncing downward (Cornell 2019). Conditions in the Assessment Area – While many of the forested area within the Facility Area are dense, young forests consisting of small diameter trees, some woodlots that provide suitable nesting habitat do occur at the Assessment Area. Additionally, the Assessment Area is ideal foraging habitat for the species. Open grasslands with elevated perches are ubiquitous, and prey species are likely to be readily available.

Barred Owl

The barred owl is not federally protected under the ESA, but is classified by NYSDEC as SGCN-HP. Barred owl was observed at the Facility Area during a wintering raptor survey conducted by NYSDEC. Natural History Overview – The barred can be found year-round throughout New York State in dense, forested areas, often near low, wet woods. It nests in natural cavities, about 20-40 feet high in a large tree, but may also use

13 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination stick platform nests built by other animals as well as man-made nest boxes. They are active at night, hunting small mammals, birds, amphibians, reptiles, and invertebrates from an elevated perch (Cornell 2019). Conditions in the Assessment Area – Low, wet woods and hardwood swamps are rare at the Assessment Area, but potential breeding habitat for the barred owl may be present in and around wetland W-33, a forested wetland. This wetland is at an immature stand age, however, and sufficient dying or standing dead trees with nesting cavities may not be present. The species may utilize the rest of the Assessment Area as foraging habitat, as woodlots along the edge of open fields are common throughout.

Bobolink

The bobolink is not federally protected under the ESA, but is classified by NYSDEC as SGCN. Bobolink were observed within the Facility Area in grassland bird surveys conducted by Tetra Tech. Natural History Overview – Bobolink breed throughout New York State and can be found there throughout the summer months. They nest in large, open grasslands and former hayfields with a mixture of medium-tall grasses and forbs with few shrubs or trees. Nests are constructed out of dead grasses and weeds on the ground in small depressions. Nesting occurs in mid-May, and pairs have clutches of 1-7 eggs per nest (NYSDEC 2020d). During the breeding season, bobolinks eat weed seeds, insect larvae and adults, and spiders, foraging during the daytime in open grassland habitats (Cornell 2019). Conditions in the Assessment Area – Open grassland habitats are abundant at the Assessment Area, though they consist primarily of recently-cultivated crop fields and hay fields. The cultivated fields do not have sufficient coverage of grasses and forbs to that provide cover and are not considered suitable habitat for bobolink. However, hay fields do provide suitable breeding and/or foraging habitat as long as they are not mowed too early in the summer before fledging occurs.

Eastern Meadowlark

The eastern meadowlark is not federally protected under the ESA, but is classified by NYSDEC as SGCN-HP. Eastern meadowlarks were observed or heard singing during multiple on-site field surveys completed within the Facility Area. Natural History Overview – The eastern meadowlark breeds throughout New York State (except the Adirondacks and Catskills) in farmland and open habitats such as grasslands, pastures, hayfields, and airports. They construct a cup nest of woven grasses, plant stems, and strips of bark often in a small depression hidden by dense vegetation. Females may lay two clutches of 2-7 eggs per season (NYSDEC 2020e). Eastern meadowlarks forage in thickly- vegetated grasslands for crickets, grasshoppers, caterpillars, and grubs as they walk on the ground, probing with their bill. Conditions in the Assessment Area – Open grassland habitats are abundant at the Assessment Area, though they consist primarily of recently-cultivated crop fields and hay fields. The cultivated fields do not have sufficient coverage of grasses and forbs to that provide cover and are not considered ideal habitat for eastern meadowlark. However, hay fields do provide suitable breeding and/or foraging habitat as long as they are not mowed too early in the summer before nestlings fledge.

SPECIES-SPECIFIC SURVEYS

At a meeting on March 14, 2018, NYSDEC recommended that, given the presence of appropriate habitats, species- specific surveys be conducted in the Facility Area to determine if state-listed grassland birds use the proposed

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Facility Area during the breeding or wintering seasons. In response to that request, Tetra Tech completed winter raptor surveys in 2017-2018 and grassland breeding bird surveys in 2018. All surveys were completed during the appropriate season timeframe, and methods used for each of the three surveys were generally consistent with the NYSDEC Survey Protocol for State-listed Wintering Grassland Raptor Species (Draft – 2015) (NYSDEC 2015a) and the NYSDEC Draft Survey Protocol for State-listed Breeding Grassland Bird Species (NYSDEC 2015c). Both the wintering raptor and breeding bird surveys consisted of several individual field visits, as per standard breeding bird and winter raptor survey protocols. The final reports for each of the two surveys describe the methods used for each survey and provide detailed results. The two final reports are provided in Appendix F, marked as privileged and confidential. During the 2017-2018 wintering grassland raptor survey, five northern harrier observations, three short-eared owl observations, and one Cooper’s hawk were documented within the Facility Area, all from stationary points. Furthermore, the carcass of a juvenile northern goshawk was observed. During the 2018 grassland breeding bird survey, 450 bobolink observations, 15 grasshopper sparrow observations, 8 meadowlark observations, and 1 northern harrier individual were documented within the Facility Area. No horned lark or short-eared owls were observed. In addition to the avian surveys completed in support of the Facility, NYSDEC biologists completed surveys from November 1–March 31, 2008–2019. Although the draft methods document that NYSDEC distributes for surveyors is dated 2015, it is assumed that the surveys for this entire period generally follow NYSDEC’s Survey Protocol for State-listed Wintering Grassland Raptor Species. Data from these surveys efforts were provided to Tetra Tech for review and analysis, with an emphasis given to the species of concern identified for the Facility. According to NYSDEC’s avian data, both short-eared owls and northern harriers were present within and near the Facility during the winter surveys from December–March 2008–2019. Northern harrier observations within the Facility ranged from nine observations during the 2015/16 survey to 82 observations during the 2009/10 survey. Short-eared owls were not observed within the Facility during every year of available survey data, with no observations during the 2013/14, 2014/15, and 2015/16 surveys, and a high count of 16 individuals during the 2012/13 survey. Short-eared owls were seen near the Facility in all years except for 2014/15, 2015/16, and 2018/19 surveys. Behavior data recorded for the observations show that most northern harriers and short-eared owls were either perched, hunting (foraging), or in-flight traversing through the survey areas. Flight direction, when documented, was variable for both species. Short-eared owls were also tracked via radio-telemetry and their home ranges were mapped during the winters of 2008/09 and 2010/11. The full memo report summarizing the data and providing the mapping of the short-eared owl home ranges is provided in Appendix F (Tetra Tech 2019e). In addition to seven species of concern documented during surveys in support of the Facility, NYSDEC confirmed six other state protected species and SGCN/SGCN-HP in or near the Assessment Area during the 11-year survey period. Bald eagles were documented in eight of the survey years with observations ranging from one to nine. Cooper’s hawk were documented in seven survey years during which a single individuals were observed (twice in 2011). Sharp-shinned hawks were observed in eight of 11 survey years with observations ranging from one to four. American kestrels were reported from six survey years with observations ranging from one to four. Finally, NYSDEC biologists documented single osprey flying over the Assessment Area in 2011, one peregrine falcon flying over the site in January 2016, and one barred owl was heard calling in 2017.

STATE-REGULATED OCCUPIED HABITAT

In a recent NYSDPS Article 10 hearing regarding Canisteo Wind, LLC (Case No. 16-F0205), NYSDEC provided testimony which proposed methods to calculate the amount of protected grassland bird occupied habitat impacted by the project. This resulted in a value which was essentially the amount of take to the protected species’ occupied habitat that must be mitigated. In the testimony, NYSDEC estimated the occupied habitat take by evaluating NYSDEC records in the project area during only the breeding period, and providing further species specific

15 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination calculation, including a definition of “all open area greater than 25 acres that occur within each occupied habitat area” for the northern harrier. NYSDEC did provide a caveat to this formula, identifying that “a mitigation measure must be reasonably expected to have a positive impact on the species, and not just exceed the calculated loss of habitat” (NYSDEC Grassland Bird Panel pp 25-26, 2019).

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IMPACT ASSESSMENT

This section provides a brief assessment of the overall proposed impacts to the habitats in the LOD. Each of the six species of concern are presented below, along with a brief summary of the potential for the species to be present in the Facility LOD, known occurrence, avoidance and minimization efforts (if applicable), and a preliminary impact determination statement.

PROPOSED HABITAT IMPACTS

Approximately 379 acres of the mapped habitats will be either temporarily disturbed or permanently converted due to construction and operation of the Facility. Approximately 363.14 acres of the LOD consists of agricultural, open, maintained ROW, residential, or road habitats, all of which have been previously disturbed at regular or odd intervals (e.g., mowing, herbicide, plowing, disking, and planting). The majority of the 3.38 acres of scrub-shrub habitat proposed to be impacted have also been previously disturbed, either by farming or clearing. With previously disturbed habitat areas totaling 366.52 acres of the 379-acre total LOD, Hecate has concentrated approximately 97% of the planned disturbance within habitats that are prone to anthropogenic manipulation, resulting in minor and discountable impacts to other more natural and intact habitats. Approximately 12.15 acres of forested land will also be impacted by construction of the Facility.

IMPACT ASSESSMENT AND PRELIMINARY DETERMINATION FOR LISTED SPECIES

Indiana Bat

Impact Assessment – The Facility will involve tree clearing in the northwest, eastern, and southern sections of the LOD, which potentially provides summer roosting and/or foraging habitat for the species. No impacts to hibernacula are expected. The activities proposed to construct the Facility are not expected to significantly reduce summer foraging and roosting habitat for this species. However, Indiana bats may be directly impacted if roost trees within the construction workspace are cleared while bats are roosting, or if trees in individuals’ home range are cleared during important periods (e.g., volancy period). In addition, bats may be indirectly impacted by tree clearing (loss of forest habitat, including roost trees or potential future roost trees) required for construction of the Facility. To avoid and minimize any potential impact to the species, Hecate has committed to conduct all tree clearing between November 1 and April 1, outside of the Indiana bat’s active season (April 1 to October 31). However, should delays in schedule require that these areas are cleared during the Indiana bat active season, Hecate will hire a USFWS-permitted biologist to identify any potential roost trees in the affected area. If that investigation reveals roost trees, then Hecate will coordinate with USFWS to design a presence/absence survey (mist-netting or acoustic) according to the USFWS Revised Range-wide Indiana Bat Survey Guidelines (Guidelines)(USFWS 2019). Results would then be discussed with USFWS and NYSDEC to determine whether the trees could be cut at that time. Alternatively, if appropriate for the number of potential roost trees to be cut, a qualified Indiana bat surveyor will perform emergence surveys and trees cut immediately according to the Guidelines. Preliminary Impact Determination – Based on the proposed timing of tree clearing for Facility construction (between November 1 and March 31), along with range and activity information from NYSDEC and USFWS, construction and operation of the Facility is not likely to adversely affect the Indiana bat.

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Northern Long-eared Bat

Impact Assessment – Based on the USFWS IPaC report and species distribution information, the Facility has the potential to impact NLEB. Because NLEB are considered opportunistic roosters, all forested areas in the Facility Area are considered potential NLEB habitat (USFWS 2019). Several forested areas in the northwestern, eastern and southern sections of the LOD will be cleared. To avoid impact on NLEB, all tree clearing will occur between November 1 and April 1 when the bats are hibernating. Potential foraging habitat for NLEB occurs across much of the Facility Area, but roosting habitat is limited to forested areas. The Facility is not anticipated to significantly reduce foraging habitat for this species. However, NLEB populations may be directly impacted if roost trees within the construction workspace are cleared while bats are roosting, or if trees in the home range are cleared during important periods (e.g., volancy period). In addition, bats may be indirectly impacted by tree clearing (loss of forest habitat, including roost trees or potential future roost trees) required for construction of the Facility. The Facility is located in Greene County, where White-Nose Syndrome (WNS)/Pseudogymnoascus destructans (Pd)(the fungus that causes WNS) has not been confirmed. Therefore, the Facility does not fall under USFWS Provisions of the Final 4(d) Rule for the Northern Long-Eared Bat (Final 4(d) Rule) (United States Federal Register 2016). In an effort to avoid potential impact to NLEB, all tree clearing for the Facility will take place between November 1 and April 1. However, should delays in schedule require that this area is cleared during the window between July 15 and July 31, a contractor will be hired to perform emergence surveys at the identified roost trees for at least two nights that meet the weather criteria for surveys, per USFWS guidance (USFWS 2019). The results would then be discussed verbally with USFWS and NYSDEC to determine whether the trees could be cut at that time. Preliminary Impact Determination – For all tree clearing in the Facility Area to occur between November 1 and March 31. As a result, construction and operation of the Facility is not likely to adversely affect the northern long-eared bat.

Bald Eagle

Impact Assessment – Direct impacts to bald eagle individuals is unlikely. Large areas of open water are not present on site and therefore, neither is their primary food source. However, these birds are also known to forage for various prey in open areas and known nest sites occur along the Hudson River approximately 1 mile to the east of the Assessment Area. As such, it is possible that nesting individuals (or individuals migrating) occasionally forage in the Assessment Area. Therefore, there is the potential for minor disruption to foraging habitat that could occur during construction. However, such disruption would be temporary in nature as a majority of open areas will return to their former condition following construction. No bald eagle nests have been observed in the Facility Area. Furthermore, much of the forested areas that are proposed to be cleared are relatively young, scrubby hedgerows or small isolated patches of forest that lack the tall, emergent trees that bald eagles prefer for nesting. Forested areas within the Assessment Area that have the greatest potential to possess large trees (especially white pine) that could be suitable for bald eagle nesting, occur on the eastern side but no clearing is proposed in these areas. Species-Specific Survey Results – Twenty-one (21) bald eagle observations were recorded by NYSDEC biologists during winter raptor surveys in the vicinity of the Facility Area, from 2008-2019 (Tetra Tech 2019e). In 10 of 11 survey years (2008- 2018) between zero and four bald eagle observations were recorded in the Facility Area. In 2019, nine observations were recorded. No bald eagle nests were observed within the Facility Area during field surveys. Preliminary Impact Determination – Neither USFWS nor NYSDEC identified the bald eagle as a species of concern for the Facility. As almost any open areas can be considered foraging habitat, the Facility does provide habitat in that regard, and there will be temporary impacts resulting from construction of the Facility to this potential foraging habitat for the bald eagle. However, such impacts will not significantly alter land use or habitat availability for the

18 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination species in the vicinity of the Facility Area. Furthermore, there is no known nest in the vicinity of the Facility and no trees that would reasonably serve as nesting habitat for the bald eagle within the Facility. Based on the proposed avoidance in siting the Facility, construction and operation activity, known habitat preferences and distribution of the species in New York State, construction and operation of the Facility is not likely to adversely affect the bald eagle.

Northern Harrier

Impact Assessment – Direct impact to northern harrier individuals is unlikely, but not impossible. Known winter habitat that has potential to be impacted by the construction of the Facility includes open areas and agricultural fields. Solar panels will be installed in these areas, potentially disturbing or disrupting the activity of prey species. Most potential impact will occur upon installment of the PV panels, with little activity occurring following construction aside from occasional maintenance. Additionally, these areas are currently being managed by landowners for agricultural use, which frequently disrupts small mammal habitat. Conversion of these habitats to use by Facility infrastructure would represent equal, if not lesser, disturbance than their current use as soils will no longer be regularly tilled and tunneling or burrowing species will be allowed to populate. Species-Specific Survey Results – Five northern harriers were recorded in the 2017-2018 wintering raptor survey and only one flyover was observed during the 2018 breeding bird survey. One adult and one juvenile were observed hunting on two separate occasions on April 2, 2018; and one adult was observed hunting over the Facility Area on April 11, 2018 (Tetra Tech 2019c). In addition to surveys conducted by Tetra Tech, the NYSDEC conducted winter raptor surveys in the vicinity of the Facility Area, from 2008-2019. A total of 310 individuals were observed in the Facility during that time period, with 25 observed during 2017-2018 and 32 observed during 2018-2019 survey periods (Tetra Tech 2019e). Preliminary Impact Determination – Impacts to wintering habitat for the northern harrier will occur on the Facility, but those impacts will not significantly alter land use or habitat availability for the species in the vicinity of the Facility Area. Since the northern harrier is not necessarily area-dependent (NYSDEC 2019e), minor habitat fragmentation or disruption due to proposed impacts are unlikely to affect overall behavior, habitat use, or reproductive success at the Facility Area. In fact, significant amounts of foraging, breeding, and roosting habitat for the species will remain in the Facility Area after construction and in the greater landscape layout of Greene County, including the nearby Coxsackie Creek Grasslands Preserve (1.5 miles north of the Facility Area), where northern harriers are a focal species for grassland management. Northern harriers nest on the ground in marshes or emergent wetlands, but there is little high-quality wetland habitat at the Facility Area that is likely to be utilized for nesting. In addition, wetland impacts that will occur at the Facility are not significant, and will not substantially change any potential habitat characteristics they currently provide for the species. Based on the species’ stable populations throughout New York, the unfavorable nesting conditions in the Facility Area, and the lack of observations of young and females during the breeding season, construction and operation of the Facility is not likely to affect the northern harrier. As described in Section 3.2.4 above, northern harrier populations in New York State are stable, and NYSDEC has officially proposed to revise the protected status from Threatened to a Species of Special Concern. Avoidance, minimization, and mitigation efforts required under 6 CRR-NY 182.11 only apply to those species listed as Threatened or Endangered, thus, NYSDEC already has determined through best available data that the species should not be classified in such a way where mitigation is required for impacts to the species or habitat. As it is expected that the final listing determination of the northern harrier will be made before the Facility receives all required certificates, permits, and authorizations based on the limited, temporary impacts to habitat proposed, the species’ stable populations throughout New York, the pending proposed reclassification, and considering the analysis of no adverse effect described above, no mitigation plan or specific avoidance measures is being proposed at this time.

19 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Peregrine Falcon

Impact Assessment – Peregrine falcon habitat subject to potential impact by the Facility is just about any open areas where individuals may hunt, primarily for birds, during migration. Open areas will be present following completion of Facility construction. No suitable nesting habitat is present within the Facility Area. Species-Specific Survey Results – A single peregrine falcon was documented during 11 years of survey of the Assessment Area by NYSDEC biologists. The individual was observed flying over the site in January 2016. Preliminary Impact Determination – Based on the proposed construction and operation activity, known habitat preferences and distribution of the species in New York State, and a lack of presence during the species-specific survey events, construction and operation of the Facility is not likely to adversely affect the peregrine falcon.

Short-eared Owl

Impact Assessment – Short-eared owl habitat subject to potential impact by the Facility is predominantly open areas and agricultural fields. Prey species may be disturbed upon installation of solar panels, but little impact from operation and/or maintenance are anticipated. Additionally, these habitats are currently being managed by landowners for agricultural use, which frequently disturbs small mammal habitat. Conversion of these habitats to use by Facility infrastructure would represent equal, if not lesser, disturbance than their current use. Tunneling and burrowing species will be allowed to populate because soils will no longer be regularly tilled. The species is known to occur in the larger landscapes surrounding the Facility Area during the winter months and may be present occasionally during that time. It is present year-round only in the northernmost areas of New York State, and rarely breeds further south. Species-Specific Survey Results – During the NYSDEC surveys, 52 individuals were observed in the Facility Area in the winter months from 2008-2019, with 3 observed during 2017-2018 and 11 observed during 2018-2019 survey periods (Tetra Tech 2019e). Short-eared owls were seen near the Facility in all years except for 2013/14, 2014/15, and 2015/16 surveys. Three individuals were observed at the Facility Area during March-April 2018 wintering grassland raptor surveys (Tetra Tech 2019c). Preliminary Impact Determination – Known winter habitat for the short-eared owl will be impacted by Facility construction and operation, but the species is not known to breed in any reasonable proximity to the Facility, meaning only adult individual will reasonably be present in the vicinity of the Facility, and thus could fly away and avoid any potential direct impacts during Facility construction, indicating only temporary displacement of the species in the Facility Area. Observation trends from the long-term NYSDEC surveys show significant variation in observations, indicating that this species must not have a high fidelity to the Facility Area, and the temporary displacement should not be considered detrimental to the species. Based on the proposed construction and operation activity, and the known breeding range, construction and operation of the Facility is not likely to adversely affect the short-eared owl. Any impacts or losses to the wintering habitat in the Facility Area will not significantly alter land use or habitat availability for the species in greater landscape layout. Any habitat disturbance that takes place during the winter months will temporarily displace adult individuals and there is sufficient area in the greater landscape for individuals to use as a replacement wintering area. Based on NYSDEC’s testimony calculating regulated habitats by using breeding season observations, and the lack of site fidelity shown in the survey data, construction and operation of the Facility is not likely to adversely affect the habitat of the short-eared owl.

20 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Cooper’s Hawk

Impact Assessment – Some Cooper’s hawk foraging and nesting habitat has the potential to be impacted by construction of the Facility. These birds are primarily a species of woodland habitat, and prefer larger (≥10 acres) tracts of forest for nesting. A total of 12.15 acres of tree clearing is proposed for the Facility, most of which is scrubby, dense hedgerow or small, fragmented forest surrounded by open fields. The larger and more contiguous sections of forest that are more suitable, occur on east side of the Facility Area, mostly or completely outside the LOD. Furthermore, Hecate has committed to conducting all tree clearing between November 1 and April 1, outside of the nesting season. Species-Specific Survey Results – During the NYSDEC surveys, eight observations of Cooper’s hawk were within or near the Facility Area were documented in the winter months from 2008-2019, with two observations occurring in 2011 and a one observation occurring in six other years observed over the 2008-2019 survey period (Tetra Tech 2019e). In addition to the NYSDEC survey effort, one individual was observed in flight within the Facility Area, and a second individual was observed to the north and outside the Facility Area during the March-April 2018 wintering grassland raptor surveys (Tetra Tech 2019c). Preliminary Impact Determination – While surveys focusing on breeding woodland raptors have not been conducted, results of extensive wintering raptor survey efforts by NYSDEC indicate that use of the Facility Area by Cooper’s hawk is minimal. Impacts to potential foraging habitat for the Cooper’s hawk will occur on the Facility, but those impacts will not significantly alter land use or habitat availability for the species in the vicinity of the Facility Area. Furthermore, impacts to some potentially suitable nesting habitat may occur. However, the larger tracts of forest preferred by this species for nesting will have minimal clearing or be completely avoided, and tree clearing will occur outside the active nesting season. Based on the relative lack of recorded presence at the Facility, proposed avoidance in siting the Facility, and known habitat preferences and distribution of the species in New York State, construction and operation of the Facility is not likely to adversely affect the Cooper’s hawk.

Grasshopper Sparrow

Impact Assessment – Some grasshopper sparrow habitat has the potential to be impacted by construction of the Facility, primarily some of the meadows and successional old field areas considered open habitat. Solar panels will be installed in some of those areas, potentially limiting habitat access or creating temporary disruption of foraging or breeding/nesting behavior. Most potential impact will occur upon installment of the PV panels, with little activity occurring following construction aside from occasional maintenance. Conversion of these habitats to use by Facility infrastructure would represent equal, if not lesser, disturbance than their current use as tilling, seeding, and harvesting will no longer happen on adjacent agricultural areas. Those areas will be allowed to revert to grasslands, potentially increasing overall habitat availability for the species following construction. Species-Specific Survey Results – Fifteen grasshopper sparrows were observed in the 2018 grassland breeding bird survey conducted by Tetra Tech: five males were observed singing on May 24, 2018, one male was observed singing on May 29, 2018, two males were observed singing on June 11, 2018, two males were observed singing on June 21, 2018, three males were observed singing and one bird (unknown sex) was observed >100 m from a survey point on June 29, 2018, and one male was observed singing on July 7, 2018. Preliminary Impact Determination – Temporary impacts to foraging and/or breeding habitat for the grasshopper sparrow will occur on the Facility, but those impacts will not significantly alter land use or habitat availability for the species in the vicinity of the Facility Area. The majority of habitat utilized by grasshopper sparrows (i.e. hayfields) within the LOD will be restored to pre-construction conditions as they will be replanted with native grassland species. In addition, long-term habitat may potentially be gained following construction, given that areas now used for intensive agricultural production (row crops) will be reverted to grasslands habitat with low-intensity management regimes. Based on the proposed construction and operation activity, likely gain of potential habitat following

21 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination construction, and seasonal distribution of the species in New York State, construction and operation of the Facility is not likely to adversely affect the grasshopper sparrow.

Horned Lark

Impact Assessment – Horned lark habitat subject to potential impact by the Facility is predominantly open areas and agricultural fields. This species tends to be generally forgiving of farming activities, and the larger area with maintained preferred habitat that will result from construction and operation of the Facility. Species-Specific Survey Results – No horned larks were identified in the Facility Area during the 2017-2018 wintering raptor surveys or the 2018 breeding bird surveys (Tetra Tech 2019c and 2019d). Preliminary Impact Determination – Based on the proposed construction and operation activity, known habitat preferences and distribution of the species in New York State, and a lack of presence during the species-specific survey events, construction and operation of the Facility is not likely to adversely affect the horned lark.

Northern Goshawk

Impact Assessment – Northern goshawk foraging habitat subject to potential impact by the Facility include forested and open habitats of the Facility Area. Suitable nesting habitat has not be identified within the Facility Area. Solar panels will be installed in portions of the open areas, potentially limiting habitat access or creating temporary disruption during PV panel installation. Tree clearing will result in impacts to forest habitat, though much of the clearing will occur in scrubby, dense, hedgerows and isolated forest patches. The larger and more intact areas of forest that occur in the Facility, primarily in the eastern portion of the Facility Area, are outside of the LOD. Species-Specific Survey Results – A single northern goshawk was documented during 11 years of survey of the Assessment Area by NYSDEC biologists. The individual was observed flying over the site in February 2017. Additionally, the carcass of a juvenile northern goshawk was documented from within the Facility Area during the March-April 2018 wintering grassland raptor surveys (Tetra Tech 2019c). Preliminary Impact Determination – Based on the proposed avoidance in siting the Facility, known habitat preferences and distribution of the species in New York State, and a lack of presence during field survey events, construction and operation of the Facility is not likely to adversely affect the northern goshawk.

Osprey

Impact Assessment – Osprey habitat subject to potential impact by the Facility includes potential nesting habitat in the forested portions of the Facility Area. Much of the forest area to be cleared includes dense, young forest or hedgerow, which is not suitable nesting habitat for this species. The larger and more intact areas of forest that occur in the Facility, primarily in the eastern portion of the Facility Area, are outside of the limit of disturbance. Furthermore, Hecate has committed to conducting all tree clearing between November 1 and April 1, outside of the active nesting season. Species-Specific Survey Results – A single observation was documented during 11 years of survey of the Assessment Area by NYSDEC biologists. The individual was observed flying over the site in March 2011. Preliminary Impact Determination – Based on the proposed avoidance in siting the Facility, proposed construction and operation activity, known habitat preferences and distribution of the species in New York State, the proposed timing of tree clearing for Facility construction (between November 1 and March 31), and a lack of presence during the species-specific survey events, construction and operation of the Facility is not likely to adversely affect the osprey.

22 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Sharp-shinned Hawk

Impact Assessment – Some sharp-shinned hawk habitat has the potential to be impacted by construction of the Facility. While nesting habitat has not been observed within the Facility Area, foraging habitat is present within and along forested areas. A total of 12.15 acres of tree clearing is proposed for the Facility, most of which is scrubby, dense hedgerow or small, fragmented forest surrounded by open fields. The larger and more contiguous sections of forest that occur on east side of the Facility Area will remain intact. Species-Specific Survey Results – During the NYSDEC surveys, 14 sharp-shinned hawk observations were documented within or near the Facility Area in the winter months from 2008-2019 (Tetra Tech 2019e). Sharp- shinned hawk observations occurred in 8 of 11 survey years with counts ranging from one to four observations. Preliminary Impact Determination – Impacts to potential foraging habitat for the Cooper’s hawk will occur on the Facility, but those impacts will not significantly alter land use or habitat availability for the species in the vicinity of the Facility Area. Based on the proposed avoidance in siting the Facility, construction and operation activity, and known habitat preferences and distribution of the species in New York State construction and operation of the Facility is not likely to adversely affect the sharp-shinned hawk.

American Kestrel

Impact Assessment – Some American kestrel habitat has the potential to be impacted by construction of the Facility. These birds are primarily a species of woodland habitat. Construction of the Facility will result in temporary disruption to foraging habitat and the clearing of hedgerows, forest, and standing snags (presumably within the clearing area) may eliminate potential nesting sites. Following the completion of Facility construction, much of the open habitat will be returned to pre-construction conditions, or better. By removing the regular application of pesticides associated with conventional farming, the abundance of prey (e.g., insects and spiders) for this species may increase. Seasonal restrictions that avoid tree clearing within the species breeding window will minimize potential direct impacts. Furthermore, to offset impacts to potential nesting cavities, Hecate will install five artificial nesting structures at or near the location of potentially suitable nesting structures that are cleared. Species-Specific Survey Results – During the NYSDEC surveys, 14 observations of American kestrel were documented within or near the Facility Area in the winter months from 2008-2019. Observations were recorded in 6 of 11 survey years with counts ranging from one to four observations (Tetra Tech 2019e). Preliminary Impact Determination – Construction of the Facility will result in temporary disruption to foraging habitat and impacts to some suitable nesting habitat. However, larger, more contiguous areas of forest have been avoided. Based on the proposed avoidance in siting the Facility, construction and operation activity, proposed timing of tree clearing outside of the active nesting season (clearing between November 1 and March 31), and installation of artificial nesting structures, construction and operation of the Facility is not likely to adversely affect the American kestrel.

Barred Owl

Impact Assessment – Barred owl habitat subject to potential impact by the Facility is predominantly woodlots and open areas where individuals may hunt. Potentially suitable nesting habitat may occur within the Facility on the east side but this area is outside the limit of disturbance for the Facility. Species-Specific Survey Results – A single barred was documented during 11 years of survey of the Assessment Area by NYSDEC biologists. The individual was observed flying over the site in January 2017 (Tetra Tech 2019e).

23 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Preliminary Impact Determination – Based on the proposed avoidance in siting the Facility, known habitat preferences and distribution of the species in New York State, and a lack of presence during the field survey events, construction and operation of the Facility is not likely to adversely affect the barred owl.

Bobolink

Impact Assessment – Some bobolink habitat has the potential to be impacted by construction of the Facility, primarily some of the meadows and successional old field areas considered open habitat. Solar panels will be installed in some of those areas, potentially limiting habitat access or creating temporary disruption of foraging or breeding/nesting behavior. Most potential impact will occur upon installment of the PV panels, with little activity occurring following construction aside from occasional maintenance. Conversion of these habitats to use by Facility infrastructure would represent equal, if not lesser, disturbance than their current use as tilling, seeding, and harvesting will no longer happen on adjacent agricultural areas. Those areas will be allowed to revert to grasslands, potentially increasing overall habitat availability for the species following construction. Species-Specific Survey Results – A total of 437 bobolink observations were documented during the 2018 grassland breeding bird survey conducted by Tetra Tech, including 326 observations at survey points (the remaining observations were outside survey point zone or between survey points). Survey point data indicate that 246 observations were of male bobolinks, 70 were of female birds, and 10 observations were of birds of undetermined sex. Preliminary Impact Determination – Temporary impacts to foraging and/or breeding habitat for the bobolink will occur on the Facility, but those impacts will not significantly alter land use or habitat availability for the species in the vicinity of the Facility Area. The majority of habitat utilized by bobolink (i.e. hayfields) within the LOD will be restored to pre-construction conditions as they will be replanted with native grassland species. In addition, long- term habitat may potentially be gained following construction, given that areas now used for intensive agricultural production (row crops) will be reverted to grasslands habitat with low-intensity management regimes. Based on the proposed construction and operation activity, likely gain of potential habitat following construction, and seasonal distribution of the species in New York State, construction and operation of the Facility is not likely to adversely affect the bobolink.

Eastern Meadowlark

Impact Assessment – Some eastern meadowlark habitat has the potential to be impacted by construction of the Facility, primarily some of the meadows and successional old field areas considered open habitat. Solar panels will be installed in some of those areas, potentially limiting habitat access or creating temporary disruption of foraging or breeding/nesting behavior. Most potential impact will occur upon installment of the PV panels, with little activity occurring following construction aside from occasional maintenance. Conversion of these habitats to use by Facility infrastructure would represent equal, if not lesser, disturbance than their current use as tilling, seeding, and harvesting will no longer happen on adjacent agricultural areas. Those areas will be allowed to revert to grasslands, potentially increasing overall habitat availability for the species following construction. Species-Specific Survey Results – Eight observations of eastern meadowlark were documented during the 2018 grassland breeding bird survey conducted by Tetra Tech, including two males identified within the point survey zone. The remaining six meadowlark observations were from beyond the 100 meter survey zone or between survey locations and were of individuals of undetermined sex. Preliminary Impact Determination – Temporary impacts to foraging and/or breeding habitat for the eastern meadowlark will occur on the Facility, but those impacts will not significantly alter land use or habitat availability for the species in the vicinity of the Facility Area. The majority of habitat utilized by eastern meadowlark (i.e. hayfields) within the LOD will be restored to pre-construction conditions as they will be replanted with native grassland species.

24 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

In addition, long-term habitat may potentially be gained following construction, given that areas now used for intensive agricultural production (row crops) will be reverted to grasslands habitat with low-intensity management regimes. Based on the proposed construction and operation activity, likely gain of potential habitat following construction, and seasonal distribution of the species in New York State, construction and operation of the Facility is not likely to adversely affect the eastern meadowlark.

25 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

SUMMARY

Hecate has reviewed the list of federal- and state-protected species that have been provided for the Facility and completed a habitat assessment and preliminary impact determination. The findings presented in this report are based on literature review, data collected during site-specific field surveys, background information from USFWS and NYSDEC, and GIS desktop analysis. Hecate has implemented impact avoidance and minimization measures during Facility planning and will execute other measures during construction and restoration to avoid potential impacts to protected species. Preliminary impact determinations for the 12 protected species and 4 SGCN/SGCN-HP identified by USFWS, NYNHP, and NYSDEC indicate that based on the natural life history of each species, the conditions in the Facility Area, avoidance and minimization efforts proposed, and results of species-specific surveys, the Facility is not likely to have an adverse effect on any of the species of concern.

26 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

REFERENCES

Bailey, Robert G. 1995. Description of the ecoregions of the United States. 2d ed. rev. and expanded (1st ed. 1980). Misc. Publ. No. 1391 (rev.), Washington, DC: USDA Forest Service. 108 p. with separate map at 1:7,500,000.

Cornell Lab of Ornithology. 2019. All About Birds, Cornell University. Accessed March 5, 2020. Available at: https://www.allaboutbirds.org

Fink, D., T. Auer, A. Johnston, M. Strimas-Mackey, O. Robinson, S. Ligocki, B. Petersen, M. Iliff, and S. Kelling. eBird Status and Trends. Version: November 2019. https://ebird.org/science/status-and-trends. Cornell Lab of Ornithology, Ithaca, New York.

McGowan, K. J. and K. Corwin, eds. 2008. The second atlas of breeding birds in New York State. Cornell University Press, Ithaca, NY.

New York Natural Heritage Program [NYNHP]. 2019a. Online Conservation Guide for Circus. Available at: https://guides.nynhp.org/northern-harrier/. Accessed March 14, 2019.

______. 2019c. Online Conservation Guide for Asio flammeus. Available from: https://guides.nynhp.org/short- eared-owl/. Accessed March 14, 2019.

______. 2020. Peregrine falcon, Falco peregrinus. Accessed March 3, 2020. Available at: https://guides.nynhp.org/peregrine-falcon/

New York State Department of Environmental Conservation [NYSDEC]. 2015a. Survey Protocol for State-listed Wintering Grassland Raptor Species (Draft – 2015). NYS Department of Environmental Conservation. Division of Fish, Wildlife, and Marine Resources. Albany, NY. 3p.

______. 2015b. New York State Wildlife Action Plan. Species of Greatest Conservation Need. Birds. Available at: https://www.dec.ny.gov/docs/wildlife_pdf/sgcnbirds.pdf. Accessed December 2019.

______. 2015c. Survey Protocol for State‐listed Breeding Grassland Bird Species. Draft -2015. NYS Department of Environmental Conservation. Division of Fish, Wildlife, and Marine Resources. Albany, NY. 3p.

______. 2019a. List of Endangered, Threatened and Special Concern Fish and Wildlife Species of New York State. Available online at: https://www.dec.ny.gov/animals/7494.html. Accessed December 2019.

______. 2019b. DEC. 2019b. Draft List Under Part 182.5 Pre-proposal –October 2019. Available online at: https://www.dec.ny.gov/docs/wildlife_pdf/preproposal182.pdf. Accessed December 2019.

______. 2019c. Horned Lark Fact Sheet. Available at: https://www.dec.ny.gov/animals/60055.html. Accessed March 14, 2019.

______. 2019d. Grasshopper Sparrow. Available online at: https://www.dec.ny.gov/animals/59577.html. Accessed Dec. 12, 2019.

______. 2019e. Protecting Grassland Birds on Private Lands: A Landowner Incentive Program Habitat Protection Project. Available at: https://www.dec.ny.gov/pubs/32891.html. Accessed Dec. 13, 2019.

______. 2019f. New York's Endangered Species Regulations: DEC's Proposed Revisions to New York's Endangered Species Regulations. Available at: https://www.dec.ny.gov/animals/68645.html. Accessed Dec. 17, 2019.

27 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

______. 2020a. Peregrine falcon. Accessed March 3, 2020. Available at: https://www.dec.ny.gov/animals/7294.html

______. 2020b. American kestrel. Accessed March 3, 2020. Available at: https://www.dec.ny.gov/animals/87381.html9

______. 2020c. Osprey. Accessed March 3, 2020. Available at: https://www.dec.ny.gov/animals/7088.html

______. 2020d. Bobolink. Accessed March 3, 2020. Available at: https://www.dec.ny.gov/animals/87396.html

______. 2020e. Eastern meadowlark. Accessed March 3, 2020. Available at: https://www.dec.ny.gov/animals/87384.html

Renfrew, R. 2013. Second Atlas of the Breeding Birds of Vermont, 2003-2007. Vermont Center for Ecostudies – Vermont Atlas of Life. Retrieved from http://val.vtecostudies.org. Accessed December 2019.

Smith, K. G., S. R. Wittenberg, R. B. Macwhirter, and K. L. Bildstein (2011). Hen/Northern Harrier (Circus cyaneus/hudsonius), version 2.0. In: The Birds of North America (A. F. Poole, Editor). Cornell Lab of Ornithology, Ithaca, NY, USA. Available at: https://doi.org/10.2173/bna.210

State of New York State Board on Electric Generation Siting and the Environment. NYSDEC Grassland Bird Panel (Direct Testimony of Brianna Denoncour and Heidi Kennedy). Case No 16-F-0205, Canisteo Wind Energy LLC. July 12, 2019. Available at: http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={D5637A19-F9DF-4959-AE4B- 2FC280E88BBE}.

Tetra Tech. 2019a. 2019 Aquatic Resources Report for the Greene County Solar Facility. Prepared by Tetra Tech, Inc. Prepared for Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene 3 LLC (Hecate). Submitted July 2019.

______. 2019b. Supplemental Aquatic Resources Report for the Greene County Solar Facility. Prepared by Tetra Tech, Inc. Prepared for Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene 3 LLC (Hecate). Submitted October 2019.

______. 2019c. 2018 Grassland Breeding Bird Survey Report for the Greene Solar Farm. Submitted May 2019.

______. 2019d. 2018-2019 Wintering Grassland Raptor Survey Report for the Greene County Solar Facility. Submitted May 2019.

______. 2019e. Memo Summary of NYSDEC Winter Raptor Surveys Near the Greene County Solar Facility. Prepared by Tetra Tech, Inc. Prepared for Hecate Energy, LLC.

United States Department of Agriculture [USDA]. 2017. Web Soil Survey. Available at: https://websoilsurvey.sc.egov.usda.gov/. Accessed March 13, 2019.

United States Federal Register. 2016. Title 50 Code of Federal Regulations (CFR), Part 17. Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Northern Long-Eared Bat With 4(d) Rule; Final Rule. Volume 81, No. 9. Thursday, January 14, 2016. (23 pp.)

United States Fish and Wildlife Service and National Marine Fisheries Service [USFWS & NMFS]. 1998. Endangered Species Consultation Handbook: Procedures for Conducting Consultation and Conference

28 Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

Activities Under Section 7 of the Endangered Species Act. Available at: https://www.fws.gov/endangered/esa-library/pdf/esa_section7_handbook.pdf. Accessed April 9, 2019.

United States Fish and Wildlife Service [USFWS]. 2018a. Fact Sheet: Indiana Bat (Myotis sodalis) Available at: https://www.fws.gov/midwest/endangered/mammals/inba/inbafctsht.html. Accessed March 14, 2019.

______. 2018b. Fact sheet: Northern Long-eared Bat (Myotis septentrionalis). Available at: https://www.fws.gov/midwest/endangered/mammals/nleb/nlebfactsheet.html. Accessed March 14, 2019.

______. 2019. Revised Range-wide Indiana Bat Survey Guidelines. Pub. April 2019. Available online at: https://www.fws.gov/midwest/endangered/mammals/inba/surveys/pdf/2019_Rangewide_IBat_Survey_Gui delines.pdf

United States Forest Service [USFS]. 2014. Eastern Broadleaf Forest (Oceanic) Province. Available at: https://www.fs.fed.us/land/ecosysmgmt/colorimagemap/images/221.html. Accessed March 13, 2019.

Vickery, P. D. 1996. Grasshopper Sparrow (Ammodramus savannarum), version 2.0. In The Birds of North America (A. F. Poole and F. B. Gill, Editors). Cornell Lab of Ornithology, Ithaca, NY, USA. Available at: https://doi.org/10.2173/bna.239. Accessed Dec. 12, 2019.

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Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

APPENDIX A PROPOSED FACILITY LAYOUT AND DESIGN

Included in original Application for Greene County Solar Facility

Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

APPENDIX B SOLAR MODULE INSTALLATION TYPICAL DRAWING

Included in original Application for Greene County Solar Facility

Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

APPENDIX C FIGURES

Included in original Application for Greene County Solar Facility

Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

APPENDIX D PHOTOGRAPHIC LOG

Included in original Application for Greene County Solar Facility

Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

APPENDIX E PROTECTED SPECIES AGENCY CORRESPONDENCE

Included in original Application for Greene County Solar Facility

Greene County Solar Facility Protected Species Habitat Assessment and Preliminary Impact Determination

APPENDIX F AVIAN SPECIES-SPECIFIC SURVEY REPORTS

PRIVILEGED AND CONFIDENTIAL

Avian Cumulative Impact Assessment Report (Revision 2.0) for the

Greene County Solar Facility Coxsackie, Greene County, New York

March 2020

Prepared for: Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene County 3 LLC 621 W. Randolph Street Chicago, Illinois 60661

Prepared by:

Tetra Tech, Inc. 301 Ellicott Street Buffalo, New York 14203

Greene County Solar Facility Avian Cumulative Impact Assessment Report

TABLE OF CONTENTS

INTRODUCTION ...... 1 PROJECT DESCRIPTION ...... 2 METHODS ...... 3 Study Project Identification ...... 3 Land Cover Assessment ...... 3 Additional Reviews ...... 4 ADDITIONAL DATA REVIEW ...... 5 Agency Data ...... 5 NYSDEC Survey Data ...... 5 Protected Species and Habitats ...... 6 Horned Lark ...... 6 Grasshopper Sparrow ...... 6 Northern Harrier ...... 7 Short-eared Owl ...... 7 Peregrine Falcon ...... 7 Bald Eagle ...... 7 Cooper’s Hawk ...... 7 Northern Goshawk ...... 8 Osprey ...... 8 Sharp-shinned Hawk ...... 8 American kestrel ...... 8 Barred Owl ...... 9 Bobolink ...... 9 Eastern Meadowlark ...... 9 On-Site Grassland Bird Surveys ...... 9 Grassland Breeding Bird Survey ...... 9 Winter Grassland Raptor Survey ...... 10 Literature Review ...... 10 Potential Effects on Grassland Birds ...... 10 DESKTOP REVIEW RESULTS ...... 12 Site Background Information ...... 12 Historical Land Use ...... 12 Coxsackie Creek Grassland Preserve ...... 12

i Greene County Solar Facility Avian Cumulative Impact Assessment Report

Grassland Study Area ...... 12 Facility and Cumulative Impacts to Grassland Habitat ...... 13 Facility and Cumulative Impacts to Other Protected Bird Habitat ...... 13 DISCUSSION ...... 15 Grassland Bird Use ...... 15 Other Protected Bird Use ...... 16 Potential Effects to Grassland Birds ...... 17 Potential Effects to Other Protected Bird Species ...... 17 CUMULATIVE EFFECT DETERMINATION ...... 19 REFERENCES ...... 20

ii Greene County Solar Facility Avian Cumulative Impact Assessment Report

LIST OF TABLES

Table 1. NLCD Land Cover Data for the Facility Area and Grassland Study Area ...... 14

LIST OF GRAPHICS

Graphic 1. Changes in New York State’s Forest Land Area ...... 15

FIGURES

Figure 1. Project Location and Evaluation Area

iii Greene County Solar Facility Avian Cumulative Impact Assessment Report

LIST OF ACRONYMS/ABBREVIATIONS

% percent AC alternating current BBA Breeding Bird Atlas C-CAP Coastal Change Analysis Program CHGE Central Hudson Gas and Electric Corporation CR County Route DC direct current Facility equipment and infrastructure associated with the Greene County Solar Facility Facility Area 827-acre area being leased ft feet GIS Geospatial Information System Grassland Study Area 100-mile radius around the Facility Area, but within New York State GSA Grassland Study Area Hecate Hecate Energy Greene 1 LLC, Hecate Greene 2 LLC, and Hecate Greene 3 LLC IPaC Information, Planning, and Conservation System kV kilovolts LOD limit of disturbance MW megawatt NLCD National Land Cover Data NOAA National Oceanic and Atmospheric Administration NYNHP New York Natural Heritage Program NYS New York State NYSDEC New York State Department of Environmental Conservation NYSDPS New York State Department of Public Service NLEB Northern Long-eared Bat PSS Preliminary Scoping Statement PV photovoltaic ROW right-of-way Tetra Tech Tetra Tech, Inc. US United States USFS United States Forest Service USFWS United States Fish and Wildlife Service USGS United States Geological Survey

iv Greene County Solar Facility Avian Cumulative Impact Assessment Report

INTRODUCTION

Hecate Energy Greene 1 LLC, Hecate Energy Greene 2 LLC, and Hecate Energy Greene 3 LLC (Hecate) is proposing to construct the Greene County Solar Facility (the Facility), a 50-megawatt (MW) photovoltaic (PV) solar generation facility within approximately 827 acres of privately-owned land (Facility Area) pursuant to Article 10 of the Public Service Law. Facility components will occupy only approximately 379 acres. The Facility’s Stipulations, last dated on August 28, 2019, detail the components of each Article 10 Application Exhibit. The focus of this report is to satisfy Stipulation 22(d)(10). The full text of that Stipulation reads as follows: A cumulative impact analysis will be done to evaluate the actual and expected impacts from the construction, operation and maintenance of the Facility on federally and State-listed T&E species, particularly grassland birds, as they relate to proposed and operating solar energy projects with nameplate capacities greater than or equal to 5 MW occupying grassland habitat within 100 miles of the Facility Area based upon information provided by NYSDEC (Study Projects), but not beyond New York State borders (Grassland Study Area). The Co-Applicants are not required to perform any avian studies at the Study Projects. This analysis will include, at a minimum: (i) Examination of publicly available grassland habitat data on the Study Projects within the Grassland Study Area; (ii) Estimated take of state-listed birds at the Facility, if any, and a description of methods used and sources consulted to estimate take; (iii) Estimates of available grassland habitat within the Grassland Study Area, including the Coxsackie Flats Grasslands; (iv) Estimates of acres of grassland breeding bird habitat lost directly through installation of panels and other project components at the Study Projects, using best available information and through consultation with NYSDEC; (v) Estimates of acres of grassland habitat indirectly affected by the Study Projects due to functional loss/degradation of habitat, to the extent applicable; and (vi) Cumulative impacts of grassland habitat use, particularly potential impacts on state-listed grassland bird species, within the Facility Area. On behalf of Hecate, Tetra Tech, Inc. (Tetra Tech) completed desktop and field surveys to support an evaluation of the potential impacts from construction and operation of the Facility on any protected species with potential to occur near or within the Facility Area. Specific discussion and analysis of species protected at a federal or state level is provided under separate cover in the Habitat Assessment and Preliminary Impact Determination for Federal and State Protected Species (Tetra Tech 2019) (provided as Appendix 22-C to the Article 10 Application). That report is structured to provide an evaluation of the potential impacts and the preliminary impact determinations for each protected species, including potential impacts. Based on the details and conclusions provided in that report, any impacts, including cumulative impacts, to protected species are either insignificant or not anticipated at all. A basic assumption of a cumulative impacts analysis is that if there are no project-related impacts for a particular resource, there would be no cumulative impacts for that resource. Similarly, if the activities involved for the project are determined to have a negligible impact on a particular resource, the cumulative impacts resulting from the project would also be negligible on that particular resource (Council on Environmental Quality 1997). The following sections of this report discuss the potential cumulative impacts that the Facility in combination with other solar projects (Study Projects) may have on grassland birds and habitats. This assessment included solar projects with nameplate capacities greater than or equal to 5 MW within 100 miles of the Facility Area, but only within New York State (the Grassland Study Area [GSA]).

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PROJECT DESCRIPTION

Hecate is proposing to construct the Facility on approximately 827 acres of privately-owned located in the Town of Coxsackie along Farm to Market Road, between United States Route 9W and New York State Route 385, approximately 21 miles south of the City of Albany, New York. The Facility will have a nameplate capacity of approximately 50 MW (alternating current [AC]) and is expected to generate approximately 93,406 megawatt-hours of energy annually. The Facility will consist of solar arrays and associated infrastructure and have a footprint that occupies approximately 379 acres (46 percent [%]) of the total 827-acre Facility Area. The design of the Facility consists of the following components: • A solar field of PV panels producing direct current electricity mounted on single-axis tracking structures that will follow the sun throughout the day; • Inverters within weather rated enclosures dispersed throughout the Facility (amongst the solar arrays) to convert direct current electricity to alternating current electricity; • Medium voltage transformers that will raise the low voltage from the inverters to medium voltage cable collection systems (13.8 kilovolt [kV] and 34 kV) that will extend underground to collection points for connection to the transmission grid; • New on-site adjacent collection substations to which the solar 34 kV medium voltage collection systems will connect to and be raised to the 69 kV transmission voltage; • New Central Hudson Gas and Electric Corporation (CHGE) built switchyard to be located adjacent to the solar collection substation on lands within the Facility Area that will connect to the Facility to the CHGE 69 kV transmission line located directly adjacent to the Facility Area; • A new 13.8 kV pole mounted electrical recloser switch which will connect the 13.8 kV medium voltage solar collection system to the CHGE grid; • A new CHGE-built, approximately 0.85 mile long offsite 13.8 kV distribution line that will connect a portion of the Facility to the existing offsite Coxsackie Substation that is connected to the CHGE 69 kV transmission line; • Monitoring, control, and protection systems to remotely control the solar Facility to reliably operate on the New York State grid; • Internal civil infrastructure, including parking, permanent gravel access roads and grass pathways, security fencing around Facility equipment, and landscape screening vegetation; • Temporary laydown, construction office trailers, and other temporary facilities and equipment staging areas during construction of the Facility, all within the planned limit of disturbance within Facility Area; and • Conservation areas planned for continued agricultural uses, or potentially for habitat conservation. The Facility will use the same type of PV panels installed on over one million homes in the United States. The PV panels for the Facility will be ground-mounted on a low-profile racking system that will be supported by I-beam posts driven into the ground. The result is an extremely small ground disturbance footprint associated with the panels. A portion of the Facility output (the two 20-MW outputs) will connect to the be on CHGE’s 69 kV transmission line that extends between the existing North Catskill and Coxsackie Substations. The remaining portion of the Facility output (the 10 megawatt output) will connect to CHGE’s grid at the Coxsackie 13.8 kV Substation, via a new CHGE-built and owned 0.85-mile long, offsite 13.8 kV distribution line to be located within an existing CHGE right-of-way along Stacy Road.

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METHODS

Tetra Tech used a combination of desktop assessment, field surveys, and post-field data analysis to develop the cumulative impact assessment for grassland birds and grassland habitats within the Grassland Study Area. Projects within the Study Area that are 5 MW and greater in size were considered for this assessment. The Grassland Study Area is shown on Figure 1.

STUDY PROJECT IDENTIFICATION

New York State Department of Environmental Conservation (NYSDEC) provided Hecate with a geospatial database containing all of the solar projects known in New York State. Tetra Tech identified a total of 378 projects within the database that fall within the Grassland Study Area. Tetra Tech removed those projects which were documented below 5 MW. Where MW size of projects was not defined, Tetra Tech removed projects with a project area of less than 20 acres. or were under 20 acres in size, based on the industry standard of 1 MW requiring about 5 acres of development; this resulted in a total of 285 projects in the Grassland Study Area. Five projects classified as “cancelled” in the database were removed, leaving 280 projects to be assessed within the Grassland Study Area. These 280 projects are considered the Study Projects. Tetra Tech identified that only 36 of these 280 projects are currently tracked with some sort of permitting reference number, either an identification code by NYSDEC or a Case Number for Article 10 projects. These 36 projects were evaluated separately and identified as the Tracked Projects.

LAND COVER ASSESSMENT

The National Land Cover Database (NLCD) (MRLCC 2016) was used to determine the extent of grassland habitat within the Grassland Study Area (GSA) and within each of the Study Projects. NLCD data is compiled by several federal agencies based on decadal Landsat satellite imagery and supplementary datasets to illustrate major land use types for the continental United States, Alaska, Hawaii, and Puerto Rico. NLCD data released in 2016 was used in this analysis. Land use classifications within the NLCD can be used to quantify the approximate area available for species with certain habitat preferences. Grassland birds naturally utilize lands classified as “Grassland/Herbaceous” (value 71) in the NLCD. However, grassland birds may also utilize additional land cover classes depending available resources and seasonal changes. For example, “Cultivated Crops” may provide foraging opportunities for some species in the breeding season and for others during the winter. Similarly, “Emergent Herbaceous Wetlands” may serve as valuable nesting habitat for species such as the northern harrier during the breeding season. To account for variation in life histories and habitat preferences within the broad group of grassland birds, multiple NLCD land cover classifications were used to represent habitat that may be used by grassland birds.. The term “grassland habitat” will heretofore refer to these four NLCD classes. Due to these different conditions and parameters for each component to be described in this report, when grassland is discussed, it reflects “Grassland/Herbaceous” and “Emergent Herbaceous Wetlands” (values 71 and 95, respectively) in the NLCD. When discussing potential habitat for grassland birds, “Grassland/Herbaceous”, “Pasture/Hay”, “Cultivated Crops”, and “Emergent Herbaceous Wetlands” (NLCD values 71, 81, 82, and 95, respectively) are considered. These slight differences are intentional, as agricultural lands would generally not meet the ecological definition of grasslands, even though they may serve as habitat for grassland bird species. Using these data sets and Geospatial Information Systems (GIS) software, Tetra Tech then assessed recent trends in land cover data for both the Grassland Study Area and each of the Study Projects’ locations. Primarily, the most

3 Greene County Solar Facility Avian Cumulative Impact Assessment Report valuable component of this dataset is identifying trends and changes of grasslands and habitat for grassland birds in ways that can be measurable and quantified, appropriate from which to draw conclusions.

ADDITIONAL REVIEWS

Tetra Tech also reviewed publicly available federal and state databases and any agency correspondence for the Facility to identify any rare, threatened, or endangered grassland bird species. Specifically, the following sources were reviewed: • United States Fish and Wildlife Service (USFWS) Information, Planning, and Conservation (IPaC) module; • Winter raptor survey data provided by NYSDEC per special request; • Route-level data from the USGS North American Breeding Bird Survey for survey routes within the vicinity of the Facility; • County-level data from the New York Natural Heritage Program (NYNHP) Nature Explorer online system for Greene County; and • NYSDEC’s Environmental Resource Mapper. Additionally, previous meetings and site surveys were used to ensure that protected grassland bird species were evaluated where necessary. NYSDEC did not provide information in response to a March 11, 2019 request for an official list of protected species that are known or expected to occur in the vicinity of the Facility, indicating their intent to review and comment on related issues as a part of their review of the Article 10 application.

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ADDITIONAL DATA REVIEW

AGENCY DATA

The USFWS IPaC module determined that there are no federally listed threatened or endangered grassland bird species in the vicinity of the Facility Area. The NYNHP Nature Explorer online system (NYNHP 2019a) indicated the presence of two species of concern within the Facility Area, the state-threatened northern harrier (Circus cyaneus) and the state-endangered short-eared owl (Asio flammeus), as well as an “animal assemblage” feature of a “Raptor Winter Concentration Area; Nonbreeding”. In a meeting on March 14, 2018, NYSDEC identified the northern harrier, the short-eared owl, and the state-listed special concern horned lark (Eremophilia alpestris) as species of concern.

NYSDEC Survey Data

NYSDEC biologists completed surveys from November 1–March 31, 2008–2019. Although the Draft methods NYSDEC distributes for surveyors are dated 2015, it is assumed that the surveys for this entire period generally follow NYSDEC’s Survey Protocol for State-listed Wintering Grassland Raptor Species. NYSDEC conducted periodic surveys between 2008 and 2019 targeting the state-listed endangered short‐eared owl and the state-listed threatened northern harrier. Data collected by NYSDEC was provided to and summarized by Tetra Tech to gain a better understanding of use of the Facility Area by these state-listed species. Both short-eared owls and northern harriers were present within and near the Facility Area during the winter surveys from December to March 2008– 2019. Northern harriers were observed within or near the Facility Area every survey year with the total number of observations ranging from 41 (2014/15) to 135 (2018/19). No short-eared owls where observed within or near the Facility Area in two survey-years (2014/15, 2015/16) and the highest number of observations (n=30) were made in 2012/13. Behavior data recorded for the observations show that most northern harriers and short-eared owls were either perched, hunting (foraging), or in-flight traversing through the survey areas. NYSDEC also conducted short-eared owl telemetry surveys involving 22 individuals in 2008/09 and 2010/11. Home range size varied greatly among individuals and differences were attributed to cycles in the small mammal prey population (e.g., mice, voles), snow conditions, and overall habitat conditions (e.g., natural fields compared to crops). Fields used for foraging had a significantly greater number of vole runways and significantly greater forb cover than either roost fields or non-use fields. In addition to the grassland species, two additional state-threatened or endangered species were documented during the wintering raptor surveys; bald eagle and peregrine falcon. Twenty-one (21) bald eagle observations were recorded by NYSDEC biologists during winter raptor surveys in the vicinity of the Facility Area. In 10 of 11 survey years between zero and four bald eagle observations were recorded in the Facility Area, and in 2019, nine observations were recorded. Without more specific data regarding the circumstances of these observations, the reason for the increase in sightings in 2019 cannot reasonably be extrapolated. The most likely explanations are that the same individual was observed several times, individuals from a known nest have modified their typical home range for hunting, or a new nest was constructed and the home range extends over the Facility Area. Lastly, a single peregrine falcon was documented during 11 years of survey. The individual was observed flying over the site in January 2016.

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PROTECTED SPECIES AND HABITATS

Populations of grassland birds in the northeastern US have declined significantly in the last 40 years (Murphy 2003; Sauer et al. 2008). The cause of this decline can be traced primarily to loss of grassland habitat in the region, which has declined by about 60% since the 1930s (Vickery et al. 1994). Specifically, the abandonment of agricultural lands, decline of hayfield area, earlier and more frequent crop rotations, reversion to later successional stages, and conversion to development/sprawl have all contributed to these losses (Morgan and Burger 2008). Many grassland bird species are particularly vulnerable to habitat loss and fragmentation associated with these types of land cover conversions (Herkert 1994; Vickery et al. 1994). In light of these declines, researchers have highlighted the need for a regional conservation plan for grassland birds, as well as wider coordination between federal/state agencies and nongovernmental organizations (such as land trusts) to protect grassland birds and habitat in the region (Morgan and Burger 2008; Norment 2002). To address losses of grassland habitat in New York State, the United States Department of Agriculture (USDA), in conjunction with Audubon New York, has identified eight “Grassland Focus Areas”, regions of the state that support key, residual populations of grassland birds (Morgan and Burger 2008). Efforts aimed at grassland bird and habitat conservation should be prioritized within those areas in order to maximize opportunities for success, given limited funding and continually changing landscape-level factors. The Facility Area is not within any designated Grassland Focus Area. It lies approximately 50 miles from Grassland Focus Area 4 (Central Leatherstocking and Mohawk River Valley) and approximately 60 miles from Grassland Focus Area 6 (Fort Edward Grasslands Important Bird Area [IBA]). The Mohawk Valley was also found to be an important area for eastern meadowlarks in the northeast United States (Shriver et al. 2005). The following sections include brief descriptions of four protected grassland species that were either identified during agency coordination as having the potential to occur at the Facility Area, or were observed in or near the Facility Area during species-specific surveys conducted in support of the Facility. These include northern harrier, the short-eared owl, horned lark, and grasshopper sparrow (Ammodramus savannarum). Furthermore, descriptions are provided for two additional species, state-endangered peregrine falcon (Falco peregrinus) and state-threatened bald eagle (Haliaeetus leucocephalus), and ten other species of concern that were observed at the Facility Area by NYSDEC during winter raptor surveys for which NYSDEC provided Hecate with data for survey events that took place from 2008-2019.

Horned Lark

Horned larks (NYS species of special concern) favor bare, dry ground and areas of short, sparse vegetation, including prairies, deserts, tundra, beaches, dunes, and grazed pastures. They are also common in cleared agricultural fields, mowed expanses, roadsides, and feedlots. They feed primarily on seeds and insects, which they forage from the ground. They may also pluck and eat sprouting lettuce, wheat, and other crop seedlings in agricultural fields. Horned lark nest on bare ground in a natural depression (Cornell 2019) and breed in northern North America in summer and move into the lower 48 states for winter, though some populations are year-round residents in northern North America. Horned lark is found throughout New York State, but primarily in central/western New York State and along the St. Lawrence River valley; absent in Adirondacks (NYS BBA 2008).

Grasshopper Sparrow

The entirety of New York State is within the breeding range of the grasshopper sparrow (NYS species of special concern), although the observed distribution of the species occurs primarily in low elevation areas of the state within suitable grassland habitats, outside of the interior mountainous regions (Fink et al. 2019). Preferred habitat within the breeding range includes large tracts of dense grasslands, such as hayfields, upland meadows, and pastures with little to no shrub cover and some bare ground (NYSDEC 2019d; Vickery 1996). Under favorable breeding

6 Greene County Solar Facility Avian Cumulative Impact Assessment Report conditions, it is common for the grasshopper sparrow to have two brood cycles per year, with egg laying beginning in late May, even in northern regions. Summer diet consists primarily of grasshoppers, but is usually augmented by other insects and seeds (Vickery 1996).

Northern Harrier

Northern harriers (NYS threatened) are found in large, undisturbed tracts of wetlands and grasslands with low, thick vegetation, where they hunt small mammals, reptiles, amphibians, and birds. They breed in freshwater marshes, lightly grazed meadows, old fields, tundra, dry upland prairies, drained marshlands, shrubsteppe, and riverside woodlands. Their summer range is Canada and the northern US, and winter range is the southern US, Mexico, and Central America, but year-round resident populations exist in the western US. Winter habitat includes deserts, coastal sand dunes, pasturelands, croplands, dry plains, grasslands, old fields, estuaries, open floodplains, and marshes (Cornell 2019). They are found widely throughout New York State, but less densely in the Adirondacks and Catskills (NYS BBA 2008).

Short-eared Owl

Short-eared owls (NYS endangered) are found in large, open areas with low vegetation, including prairie and coastal grasslands, heathlands, meadows, shrub steppe, savanna, tundra, marshes, dunes, and agricultural areas. At dawn and dusk, they emerge from roost areas to hunt small mammals and adult or nestling shorebirds and songbirds, using acute hearing to locate prey while flying silently overhead. They are migratory, breeding primarily in Canada and wintering in the lower 48 states, though there is some overlap between breeding and wintering ranges from the northern Great Plains and Northern Rockies to the Pacific Northwest (Cornell 2019). In New York State, they are widely distributed and primarily observed in the central/western portions of the state and along the St. Lawrence River corridor and Lake Champlain (NYS BBA 2008).

Peregrine Falcon

Breeding range for the peregrine falcon (NYS endangered) in New York State has been significantly reduced due the impact of habitat loss and pesticides such as DDT, but currently includes the eastern Adirondacks and lower Hudson Valley, as well as scattered urban locations in Buffalo, Rochester, Binghamton, and New York City (NYSDEC 2020a). They typically nest on ledges or holes on rocky cliff faces, but will also use manmade structures such as bridges and tall buildings. Breeding occurs between May and July, with clutches of 3-4 eggs. The species is considered migratory throughout the rest of the state, but may be spotted any time of year. During migration and winter, these falcons can be observed in nearly any open habitat. Peregrine falcon primarily hunts songbirds and waterfowl, which it catches in a steep aerial dive (stoop) from above (NYNHP 2020).

Bald Eagle

Bald eagles (NYS threatened) can be found in the state year-round. They construct large, conspicuous nests in tall trees within forested areas adjacent to large bodies of water, and exhibit high site fidelity. They forage primarily on fish but are opportunistic and will consume birds, reptiles, amphibians, larger invertebrates, and small mammals. They take their prey live, fresh, or as carrion.

Cooper’s Hawk

Cooper’s hawk (NYS species of special concern) is a woodland hawk that has been recorded as breeding throughout New York State (McGowan and Corwin 2008) and can be found in the state year-round. It nests primarily

7 Greene County Solar Facility Avian Cumulative Impact Assessment Report in extensive forests (approximately 10-20 acres) in trees (typically pine, oak, Douglas-fir, beech, or spruce), often 25-50 feet high on a horizontal branch, and produces one brood of 2-6 young per season. Cooper’s hawks hunt small birds and mammals by stealth, at high speeds through forest canopy or by maneuvering with patience from perch to perch in dense cover to overtake prey. It is a common hunter in suburban areas, parks, and fields and especially near feeders (Cornell 2019).

Northern Goshawk

The northern goshawk (NYS species of special concern) breeds throughout New York State, and can be found there year-round (McGowan and Corwin 2008). It typically chooses the largest tree in a stand of mature or old- growth forest with greater than 60% canopy cover for a nest site, placing the nest next to the trunk on a horizontal branch. The northern goshawk is rare, but can be found in forested areas, along riparian corridors, and open habitats. They hunt a wide variety of prey including birds, mammals, and reptiles, but ground mammals such as squirrels and rabbits are the most common. It strikes prey feet-first after gliding, but if detected, may pursue fleeing prey through the forest or underbrush (Cornell 2019).

Osprey

There are three main breeding locations for osprey (NYS species of special concern) in New York State, the Adirondacks, northern Finger Lakes/Syracuse area, and Long Island, but breeding pairs can be found outside that range where conditions are suitable. Osprey construct large nests of sticks atop a dead tree, telephone pole, or man-made nesting platform, within about 12 miles of open water. Females lay 1-4 eggs in the spring, and nests are commonly re-used in consecutive years (NYSDEC 2020c). Osprey hunt live fish, which they catch from the air in a plunging, feet-first dive. They are found around open water including rivers, lakes, reservoirs, and marshes (Cornell 2019).

Sharp-shinned Hawk

The sharp-shinned hawk (NYS species of special concern) breeds throughout New York State (McGowan and Corwin 2008) and can be found there year-round. They nest primarily in conifers, near the top of the tree and under dense forest cover, producing one brood of 2-3 young per year. Sharp-shinned hawks are small woodland raptors that pursue prey such as small birds, rodents, and insects while in flight from a hidden perch. They are commonly found in forests and forest edges but can also be found in more open habitats such as suburban areas with bird feeders (Cornell 2019).

American kestrel

The American kestrel (high priority species of greatest conservation need) breeds throughout New York State, except for the Adirondacks. It nests beginning in late March-early April in tree cavities, crevices, or man-made nest boxes. It can be found year-round in other regions of the state, though populations in the Adirondacks, Alleghenys, Catskills, lower Hudson, and Long Island have experienced declines in recent decades (NYSDEC 2020b). American kestrel can be found in grasslands and other open habitats, where it primarily hunts insects, invertebrates, and small rodents. It searches for prey form an elevated perch such as a telephone line, then flies and hovers in midair above prey before pouncing downward (Cornell 2019).

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Barred Owl

The barred owl (high priority species of greatest conservation need) can be found year-round throughout New York State in dense, forested areas, often near low, wet woods. It nests in natural cavities, about 20-40 feet high in a large tree, but may also use stick platform nests built by other animals as well as man-made nest boxes. They are active at night, hunting small mammals, birds, amphibians, reptiles, and invertebrates from an elevated perch (Cornell 2019).

Bobolink

Bobolink (species of greatest conservation need) breed throughout New York State and can be found there throughout the summer months. They nest in large, open grasslands and former hayfields with a mixture of medium- tall grasses and forbs with few shrubs or trees. Nests are constructed out of dead grasses and weeds on the ground in small depressions. Nesting occurs in mid-May, and pairs have clutches of 1-7 eggs per nest (NYSDEC 2020d). During the breeding season, bobolinks eat weed seeds, insect larvae and adults, and spiders, foraging during the daytime in open grassland habitats (Cornell 2019).

Eastern Meadowlark

The eastern meadowlark (high priority species of greatest conservation need) breeds throughout New York State (except the Adirondacks and Catskills) in farmland and open habitats such as grasslands, pastures, hayfields, and airports. They construct a cup nest of woven grasses, plant stems, and strips of bark often in a small depression hidden by dense vegetation. Females may lay two clutches of 2-7 eggs per season (NYSDEC 2020e). Eastern meadowlarks forage in thickly-vegetated grasslands for crickets, grasshoppers, caterpillars, and grubs as they walk on the ground, probing with their bill.

ON-SITE GRASSLAND BIRD SURVEYS

On-site grassland bird surveys for the Study Projects were evaluated wherever that data was available. Both wintering raptor and breeding grassland bird surveys were performed for the Facility, and those surveys are described below.

Grassland Breeding Bird Survey

A total 652 observations of grassland birds representing five species were recorded within the Facility Area over the course of the 9-week survey from May 24 to July 19, 2018 (bobolink, savannah sparrow, grasshopper sparrow, eastern meadowlark, and northern harrier). This included birds observed during surveys within and outside of the 100-meter radius circular plot and birds observed while traveling between count circles. Bobolinks (n=437) were the most commonly observed species and comprised 67.0% of all grassland birds observed. Mean use (# of birds/100-meter/per 5-minute count) was highest for bobolinks (3.58) followed by savannah sparrow (1.35), grasshopper sparrows (0.16 birds), and eastern meadowlark (0.02). A total of 15 observations of grasshopper sparrows, a New York State species of Special Concern, and a single northern harrier, a Threatened species New York State, were documented during the 9-week survey. There were no other non-raptor grassland species observed during the surveys. Complete results of these surveys are provided as an appendix to the Habitat Assessment and Preliminary Impact Determination Report, provided as Appendix 22-C to the Article 10 Application.

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Winter Grassland Raptor Survey

Tetra Tech conducted survey of wintering winter grassland birds at the Facility Area from March 26 through April 11, 2018. to determine presence and estimate site use by the state-listed grassland raptors as required by NYSDEC. Three target species were identified by NYSDEC for surveys: short-eared owl, northern harrier, and horned lark. The NYSDEC Survey Protocol for State-listed Wintering Grassland Raptor Species (Draft – 2015) was not used for establishing survey methodology, but through communication with NYSDEC, methods for the survey were determined to be appropriate for evaluating the presence of the target species in the Facility Area. A total of 14 birds from six species were observed within the Facility Area. Northern harriers had the highest number of occurrences (n=5), accounting for 31% of all observations; however, two of the documented northern harrier observations are presumed to be duplicate observations. Three short-eared owls, two Cooper’s hawks (Accipiter cooperii), two red-tailed hawks (Buteo jamaicensis), one eastern screech owl (Megascops asio), and one northern goshawk (Accipiter gentilis) were also observed within the Facility Area. One of the Cooper’s hawk observations and one northern harrier observation occurred on the northern parcel outside of the Facility Area. Observed protected species included the five northern harriers (state-listed threatened), three short-eared owls (state-listed endangered), and two Cooper’s hawks (state-listed special concern) were observed during the 2017-2018 winter grassland raptor surveys. Complete results from both surveys are provided as appendices to the Habitat Assessment and Preliminary Impact Determination Report, under separate cover.

LITERATURE REVIEW

Scientific research on the overall impacts of solar facilities on grassland bird species is “severely limited” (Northrup and Wittemeyer 2011), and there are examples of both detrimental and beneficial effects on different various bird taxa in the available literature (DeVault et al 2014; Visser 2016). On potential impacts, the Royal Society for the Protection of Birds (RSPB) said in a briefing, “If correctly sited (so as not to impact sensitive species) and with appropriate land/habitat management and other mitigation measure [sic] employed, the deployment of solar might be of benefit to birds in the wider countryside. There is no scientific evidence of fatality risks to birds associated with solar PV arrays. Collision is most likely to be a risk for waterfowl, which may be attracted to PV panels (though there is little evidence for this).” (RSPB 2011) Based on a thorough review of the available scientific literature, there is no conclusive evidence that PV arrays or facilities, when appropriately designed and operated, detrimentally impact populations of sensitive grassland birds or habitats. Impacts are highly variable and difficult to generalize, and depend largely on local conditions such as ecoregion/climate, surrounding land use, disturbance history, and existing species in the area. In addition, still much remains unknown, and further research is needed on, for example, methods and data for modeling grassland land cover, the impacts of management on the productivity of grassland birds, and the potential benefits of native grass species versus non-native cool season grasses (Morgan and Burger 2008).

Potential Effects on Grassland Birds

In general, construction, operation, and maintenance of solar facilities may theoretically result in loss or degradation of grassland habitat, specifically in the form of mowing/clearing, digging, and heavy equipment use (Jenkins et al. 2015). This may lead to direct loss of young or adult birds or habitat used for foraging or nesting. Other potential impacts include increased flight hazards and/or collision risks associated with overhead power transmission lines, fencing, and panel surfaces. Birds unfamiliar with solar infrastructure may be at risk for collision with or electrocution from unmarked or unprotected electrical features or infrastructure (Turney and Fthenakis 2011). Some birds, such as waterfowl, may also confuse the reflective surfaces of PV panels for bodies of water and become confused or

10 Greene County Solar Facility Avian Cumulative Impact Assessment Report attracted to them (BSG Ecology 2014; Jenkins et al. 2015). Additionally, secondary effects such as habitat fragmentation may be exacerbated by installation of solar facilities (Jenkins et al. 2015). Tree clearing, road construction, and installation of PV arrays may result in changes in landscape connectivity, resource availability, and mobility for birds (Visser 2016), which may require large home ranges and a mosaic of habitat types. Last, installation of solar infrastructure may have effects on local microclimates (e.g., shade, wind, humidity), altering bird behavior (Northrup and Wittemeyer 2011) or use of the site for foraging, roosting, and nesting. Potential impacts to grassland birds and habitats can be minimized through proactive measures employed during construction and operation. For example, use of anti-collision marking devices on new or existing power lines or fences can reduce collision mortality, while bird-friendly designs of electrical infrastructure can deter bird use of those areas and prevent electrocution. In addition, landscape management practices that preserve and enhance grassland bird habitat at the sites can be adopted, such as minimizing the amount clearing of natural vegetation, avoiding creating conditions that will attract birds (e.g., standing water and waste), and minimizing the use of outdoor lighting, especially at night (Smit [undated]).

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DESKTOP REVIEW RESULTS

SITE BACKGROUND INFORMATION

The Facility Area is located within the Hannacroix Creek-Hudson River (Hydrologic Unit Code [HUC] 0202000604) and Saw Kill-Hudson River (HUC 0202000611) watersheds. Within a 2-mile radius around the Facility Area are various commercial and residential developments, with the nearest residential neighborhood located immediately to the south, along Sleepy Hollow Road. Several rural residences are also located adjacent to the Facility Area, but are more sparsely amongst the agricultural fields and forested areas. The Coxsackie-Athens Junior and Senior High Schools are located approximately one half mile north of the Facility Area, and the town of Coxsackie is located approximately 0.5 mile to the northeast. Figure 1 depicts the Facility location in New York State. According to Descriptions of the Ecosystem Regions of the United States (Bailey 1995), the Facility Area is entirely within the Eastern Broadleaf Forest (Oceanic) Province, which is characterized by a temperate deciduous forest dominated by tall broadleaf trees. These trees typically provide a high canopy that is dense and continuous in the summer months, then shed their leaves in winter (United States Forest Service [USFS] 2014). Topography can be characterized as flat to moderate slopes with occasional steep-sided stream valleys dispersed throughout. Soils within the Facility Area are predominantly silt loam, sandy loam, and silty clay loam (USDA 2019).

Historical Land Use

Early European settlement of New York State brought about dramatic changes in land use. As previously forested areas were cleared and converted for other purposes, forest cover in New York declined precipitously, declining from about 27 million acres in 1600 to a low of about 6 million acres by 1875 (NYSDEC 2019a). Most of the lost forest area was converted for agricultural production or cleared for timber harvesting. Since that time, however, forested land area in the state has rebounded substantially, up to a current total of about 18.9 million acres, or about 63% of the total land area (NYSDEC 2019b). NYSDEC data also indicates that since the 1970s, small- and medium- diameter forests in the state have been allowed to mature into later successional, large-diameter forests (Albright and Olsen 2017), meaning that most forested area that has been reestablished has remained intact.

Coxsackie Creek Grassland Preserve

The Coxsackie Creek Grassland Preserve is an approximately 500-acre protected wildlife sanctuary located in the town of Coxsackie, 1.5 miles north of the Facility Area. Established in 2004 and owned and operated by the Greene Land Trust, the preserve operates on a three-year mowing cycle to manage grassland habitat for migratory and overwintering grassland birds. Primary species targeted for conservation are the northern harrier and short-eared owl, both cited as focal species in the Greene County Grassland Management Plan (Strong et al. 2014), but other species such as upland sandpiper are also considered in management practices. The preserve consists of a mix of habitat types, including approximately 20% wet clay meadow, 37% upland heath meadow, 38% riparian, 1% deciduous shrub swamp, and 3% hardwood swamp (Greene Land Trust 2019).

GRASSLAND STUDY AREA

Land cover within the Study Area is largely similar to that of the Facility Area. Central and eastern New York State, including the Mohawk and Hudson Valleys, are primarily rural, with land being used for a mix of agricultural

12 Greene County Solar Facility Avian Cumulative Impact Assessment Report purposes. The most heavily developed area of the state within the 100-mile buffer area are the downstate counties of Rockland and Westchester, just north of New York City.

Facility and Cumulative Impacts to Grassland Habitat

According to NLCD, land use within the Facility Area is dominated by cultivated crops (accounting for almost 66%) of the Facility Area (Table 1). When this class is combined with other additional classes which are likely more valuable to grassland birds, the area of grassland habitat within the Facility Area increases to 789.95 acres or 89%. In comparison, the Grassland Study Area contains approximately 1,947,312 acres of grassland habitat, meaning the Facility Area contains approximately 0.041% of grassland habitats within the Grassland Study Area (Table 1). The 280 Study Projects total 39,380 acres within the 11,534,230-acre GSA (0.34% of the total area). The Study Projects provide a total of 20,123 acres of grassland habitat within the GSA, which accounts for 1.03% of all grassland habitat within the GSA. Grassland habitat within the Study Projects accounts for about 51% of the proposed area of development among the Study Projects. The 36 Tracked Projects total 16,576 acres (0.14%) within the GSA. The Tracked Projects provide a total of 10,786 acres of grassland habitat in the GSA, accounting for 0.55% of the total grassland habitat available. Grassland habitat within the Tracked Projects accounts for about 65% of the proposed area of development for these projects. The differences in the grassland habitat coverage between the Study Projects and the Tracked Projects are expected. Solar developers prefer those areas requiring less clearing and tree-cutting, for both cost efficiency of project development and maximizing solar exposure to generate more electricity.

Facility and Cumulative Impacts to Other Protected Bird Habitat

Both bald eagles and peregrine falcons are known to forage in almost any type of open area. Although construction of solar facilities may cause a temporary disruption in foraging habitat availability, in most areas of New York State there will be little change in open habitat once construction is complete. At the Facility in particular, there is also large patches of open areas in the Facility Area which will not be impacted by construction or operation activities. As stated previously, open areas within the Tracked Projects represents a fraction (1.03%) of the grassland habitat within the GSA (Table 1). Therefore, even if these species no longer had access to the open habitat within the Tracked Projects, overall loss of foraging habitat would be minor. While no suitable peregrine falcon nesting habitat is present within the Facility Area, some potentially suitable bald eagle nesting habitat occurs within the Facility Area, though outside the Facility LOD. Total potential suitable habitat (upland forested areas) within the Tracked Projects is (at most) approximately 0.2% of the GSA (Table 1). It is likely that at least some of the Tracked Projects are not in proximity to open water, and therefore not actually suitable for nesting bald eagle.

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Table 1. NLCD Land Cover Data for the Facility Area and Grassland Study Area

Relative Relative NYSDEC Percent of Relative Percent of Grassland Study Percent of Tracked NLCD Land Cover Class Facility Area Facility NYSDEC Tracked Study Area Projects Study Projects Study Area to Projects to GSA3 to GSA2 Projects GSA1 Open Water 483,902.20 0.22 0.000% 64.94 0.013% 10.67 0.002% Developed, Open Space 649,988.30 16.59 0.003% 1,067.05 0.164% 478.15 0.074% Developed, Low Intensity 266,602.70 4.30 0.002% 399.20 0.150% 174.80 0.066% Developed, Medium Intensity 132,746.10 0.61 0.000% 161.68 0.122% 33.80 0.025% Developed, High Intensity 46,727.60 0.89 0.002% 49.59 0.106% 14.90 0.032% Barren Land 26,182.90 0.00 0.000% 41.59 0.159% 8.00 0.031% Deciduous Forest 4,679,453.60 54.69 0.001% 8,934.93 0.191% 2,517.06 0.054% Evergreen Forest 938,889.80 0.66 0.000% 1,446.23 0.154% 382.74 0.041% Mixed Forest 1,654,843.60 0.00 0.000% 4,180.80 0.253% 938.28 0.057% Shrub/Scrub 49,847.90 0.00 0.000% 195.04 0.391% 90.74 0.182% Herbaceous 92,580.60 0.22 0.000% 451.91 0.488% 114.53 0.124% Hay/Pasture 1,459,095.90 190.79 0.013% 13,778.91 0.944% 7,487.58 0.513% Cultivated Crops 327,600.00 587.32 0.179% 5,436.66 1.660% 3,037.69 0.927% Woody Wetlands 657,733.10 20.61 0.003% 2,716.33 0.413% 1,141.11 0.173% Emergent Herbaceous Wetlands 68,035.40 11.62 0.017% 455.02 0.669% 146.34 0.215% Total "Grassland" Land Cover Classes 1,947,311.90 789.95 0.041% 20,122.50 1.033% 10,786.14 0.554% Total of all Land Cover Classes 11,534,229.70 888.53 39,379.88 16,576.39

Percent “Grassland” Land Cover 16.88% 88.91% 51.10% 65.07% Classes

1 – Overall contribution of Facility Area acres to NLCD class within the GSA 2 – Overall contribution of Study Project acres to NLCD class within the GSA 3 – Overall contribution of Tracked Project acres to NLCD class within the GSA

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DISCUSSION

The changes in land cover in New York State have led to an overall trend of decreasing grassland habitat area in New York State in the last century. As areas devoted to agriculture have decreased in New York State, associated grassland habitats, such as successional old fields, pastures, emergent wetlands, and row or field crop areas themselves have also declined. Grassland bird populations have undergone significant declines over that time period (NYSDEC 2008; USGS 2019), with the loss of grassland habitats generally associated with agriculture likely to be a major contributing factor. When looked at through the lens of species development and habitat dependency, decreases in grassland bird populations and habitats have only occurred very recently in New York State. The loss of grassland habitats are generally reflective of the decline in agricultural production and the following return to pre-settlement conditions in the state, when forests covered approximately 90% of New York State, and open grassland areas were far more rare relative to the settlement periods of the 1800 and 1900s. Graphic 1 illustrates the change of forest land in New York. Graphic 1. Changes in New York State’s Forest Land Area

Source: https://www.dec.ny.gov/lands/42065.html It is likely that, with the onset of intensive clearing and conversion of forested areas to agriculture during the 18th and 19th centuries, grassland birds expanded their range and populations in New York State, given the newly available habitat area and resources. The reversion and loss of much agricultural land documented since the early 20th century is primarily a return to the forested natural land conditions prior to human intervention in the landscape.

GRASSLAND BIRD USE

Of the focal species included in NYSDEC protocols for State-listed Breeding Grassland Birds and Wintering Grassland Raptors, presence of the following species was confirmed in the Facility area in 2017-2018: short-eared owl, northern harrier, grasshopper sparrow, American kestrel, bobolink, eastern meadow lark, and savannah sparrow. Within the breeding season, bobolink was the species most commonly observed species, followed by

15 Greene County Solar Facility Avian Cumulative Impact Assessment Report savannah sparrow and grasshopper sparrow. Northern harrier was observed in both the breeding and wintering surveys and short-eared owl observations were only made during the winter survey. Availability of seasonally specific resources is likely the largest factor determining species presence in the Facility as habitat and food requirements vary by species (NRCS 1999). For example, nesting structure during the breeding season is most important summer variable for grassland bird species and availability of food sources (i.e. rodents) is the most important variable for raptors during the winter (Novak et al. 2014). Quantifying the precise area of habitat loss as a result of development within the Facility is difficult to determine because of generalizations within land cover types and actual land uses. For example, cultivated crops do not serve as nesting habitat but was included in this analysis because it is potential foraging habitat although the relative value may be low. Similarly, hayfields, which do provide nesting habitat, may not functionally add to reproductive success due to timing of mowing. On the contrary, lands within a developed solar facility may be counted as “habitat loss” but still serve as valuable foraging areas for wintering raptors if an adequate prey base is present. Little information is available on long-term use of solar facilities by grassland birds (Waltson et al. 2016). The use of solar facilities by grassland bird species is not well studied, and conclusions cannot be reached from published, peer-reviewed data. Speculation based on the analysis of many similar factors can, however, lead to reasonable prediction of outcomes and long term effects. Specifically, it is likely that conversion of agricultural areas to utility-scale solar facilities will provide a net benefit to grassland bird species, especially passerine species.

OTHER PROTECTED BIRD USE

A single peregrine falcon was observed flying over the sight. Given its close proximity to the Hudson River, the Facility Area falls within the current breeding range of the peregrine falcon. However, no breeding habitat such as high cliff faces exist within the Assessment Area itself. Foraging habitat is present, though not ideal, as the Assessment Area lacks sufficiently elevated perches. Given the timing of the observation in January 2016, it is likely the individual was either foraging or just flying over, during migration. Therefore, extensive survey efforts and lack of suitable nesting habitat suggest peregrine falcons don’t utilize the habitat within the Facility Area. Forested areas with large, emergent trees located within proximity to large open water may provide suitable nesting habitat for bald eagles. Within the Facility Area, potentially suitable habitat occurs on the east side, outside the LOD. However, no eagle nests were observed during species surveys. Any open area has the potential to provide foraging habitat for bald eagles, though no know roosting or congregation areas have been documented within the Facility Area. Therefore, following step-by-step guidance by USFWS (USFWS 2020), an incidental take permit under the Bald and Golden Eagle Protection Act (Act) is not necessary. Despite not requiring an incidental take permit, or any other permit under the Act, for the Facility, Hecate will meet the minimum commitments under the Act even though there is no known nest within or in proximity to the Facility Area. One osprey was observed by a NYSDEC biologist in 2011, single observations of barred owl and northern goshawk were documented by NYSDEC in 2017. Additionally, the carcass of a juvenile northern goshawk was observed in the Facility Area during the 2017-2018 wintering raptor survey conducted by Tetra Tech in support of the Facility. These occurrences represent one or two observations of each species over an 11-year survey period, and the relative lack of observations of peregrine falcon, barred owl, northern goshawk, and osprey indicate a lack of presence within the Facility Area. The two woodland raptors, sharp-shinned hawk and Cooper’s hawk, were observed at the Facility Area during winter months. Both species may forage within the forest and forest edges within the Facility. While no sharp- shinned nesting habitat has been observed within the Facility Area, the larger swaths of forest that occur on the east side of the Facility Area (and outside the LOD) may provide suitable nesting habitat for Cooper’s hawk.

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POTENTIAL EFFECTS TO GRASSLAND BIRDS

Most solar site construction plans, including the Facility’s, require reseeding of row and field crop areas beneath PV panels with an appropriate native herbaceous upland or wetland vegetation seed mix. Revegetation beneath and surrounding the PV panel area, as potential to provide more-permanent grassland habitat that was not previously available when the area was used for agricultural production. Row and field crop areas are not traditional grasslands that these species have evolved to depend on. Though some agricultural activities in moderation are good management tools for grassland habitats when completed at appropriate times and intervals, typical agricultural activities such as frequent disturbance (especially plowing/disking/tilling during breeding bird season), vegetation monocultures, low structural heterogeneity, and fertilizer/pesticide application are all generally undertaken without respect to grassland habitats or grassland bird species populations, and will decrease the value of the habitat for these species. At solar sites, disturbance to revegetated areas below panels will be infrequent and low-intensity. These activities are generally limited to mowing with small (residential-sized, commercial grade) equipment, weed whacking, and occasional selective and targeted application of biocides to ensure the integrity of the site components. If necessary, solar sites that are designed with an effort to retain and manage grassland habitat through detailed mowing and maintenance schedules are used for the majority of groundcover maintenance have the potential to be long-term safety nets for grassland bird species, because the habitat will remain in a grassland state for as long as the sites are producing energy. It is possible that the panel installation into grasslands may create conditions that are not suitable for grassland raptors because of the decreased sightlines for hunting prey. It is also possible that the protection offered by the stationary panels, including fencing to minimize predator presence in the Facility Area, may make the habitat more beneficial to many passerine grassland bird species, and populations may thrive in that situation. Visser (2016) further points out that “…solar developments replacing previously degraded lands, such as old landfills or agricultural sites, can play an important role in promoting biodiversity”. In that sense, solar sites can become productive and valuable habitats for grassland birds following construction, as reseeding with native grassland vegetation can encourage recolonization by migrant, breeding or winter occupant grassland bird species. Compared to other industrial or commercial development or natural habitat succession, solar facilities have small percentages of permanent changes to the operating area. At most solar sites, there is overall very little area being converted from a vegetated land cover, and most of the more permanent components (e.g., roads and concrete footers in electrical components) are easily converted back to a state that can be vegetated. In general, decommissioning of solar sites involves removal of the panels, racking, and most of the other aboveground components, which immediately provides an almost natural land cover and availability to function as a traditional grassland habitat, or be able to be converted back to agricultural use – both of which may serve as habitat for grassland bird species. While it is possible that large expanses of lands are purchased for conservation value and managed in their natural state separately by a public or private entity, that is a rare case. In most situations, retired farm land is left unmanaged or is sold to developers and turned into residential or commercial buildings. Based on the information presented and discussed in this report, a solar facility is likely the most preferable outcome for grassland birds, specifically because it is reasonable to assume that they may increase available habitat and quality for passerine grassland bird species, and the successional state of the land is preserved during the operation period of the facility.

POTENTIAL EFFECTS TO OTHER PROTECTED BIRD SPECIES

Based on the lack of habitat within the Facility Area, poor habitat quality in the Facility Area, the low occurrence and limited use of the Facility Area from more than ten years of surveys, coordination with regulatory agencies, or a

17 Greene County Solar Facility Avian Cumulative Impact Assessment Report combination of these factors, the Facility is not reasonably expected to result in impacts to any of the other protected bird species described in Section 3.2. Without site-specific data obtained for each of the projects in the Study Area, the general trends and practices of solar facility develop must be used to determine the potential for impacts to protected non-grassland bird species, and, as described above, sites that are heavily forested are generally not favored for solar development and therefore, utility-scale solar is unlikely to have measurable or significant effects on protected non-grassland birds.

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CUMULATIVE EFFECT DETERMINATION

As the Facility is not expected to have an effect on any of the protected non-grassland bird species, the Facility will not contribute to any potential cumulative impacts relative to these protected bird species. As described in Section 5.4, impacts to potential habitats caused by solar facilities is not measurable or significant. Therefore, no further consideration for cumulative impacts of utility-scale solar on protected non-grassland bird species is necessary. Most grassland habitat that has been lost, in New York State and within the Grassland Study Area, has been due to reforestation where grassland habitats were permanently converted to a different successional state that is inherently incongruous with grassland bird species habitat requirements. These permanent changes also alter the functional structure and connectivity of the overall landscape. Conversely, solar facilities in agricultural areas retain many characteristics of grassland habitat preventing the succession of agricultural areas to scrub-shrub or forested, which would be a loss of grassland bird species habitat. In general, the vast majority of grassland habitat lost is due to consolidation of the farming industry to large farms in other parts of the US. These abandoned farm lands are generally left fallow, and without any land management activities, woody species begin to grow. As the historic natural land cover of New York State (including the Grassland Study Area) is forest, abandoned farmlands rapidly progress through natural successional stages, from meadow and old-field to scrub-shrub or young forest. Some grassland habitats are lost through development, whether it is residential, commercial, or industrial – however, few utility-scale solar facilities have been developed in New York State and they have had no effect on the documented loss of grassland habitat and observations of declining grassland bird populations to date. Since Study Project limits of disturbance are not public, the total impact to potential grassland habitat cannot be calculated, but it is reasonable to state the impacts in the final developed areas of the Study Projects are expected to be significantly lower. As there are documented reasons why grassland bird habitat has been in decline long before solar was in development, the relatively low percent of habitat available within the Grassland Study Area, to be used by the Facility, and the beneficial effect solar may have for habitat, solar projects, and specifically the Facility, do not present a significant adverse cumulative impact to grassland habitats and grassland bird populations in the Grassland Study Area, and in fact may help promote the creation and preservation of habitat.

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REFERENCES

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FIGURES

Included in original Application for Greene County Solar Facility