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Ross & Depaulo ROSS & DEPAULO ATTORNEYS AT LAW PROFESSIONAL LIMITED LIABILITY COMPANY ALEXANDER J. ROSS 151 DUDDING AVENUE TEL 304-562-9045 WILLIAM V. DEPAULO HURRICANE, WV 25526-1417 FAX: 304-562-9093 [email protected] November 17,2000 Ms. Sandra Squire Executive Director I Public Service Commission L " i P. 0. Box 8 12 201 Brooks Street Charleston, WV 25323 Re: Case No. 00- 1209-E-CN Backbone Mountain Windpower, LLC Dear Ms. Squire: On behalf of the West Virginia Highlands Conservancy, I have enclosed for filing in the above referenced matter, the original and 12 copies of the following documents: 1. a December 5, 2000 email from Ronald Canterbury, Ph.D. to Frank Young, President of the W. Va. Highlands Conservancy suggesting that additional avian studies are required prior to issuance of a certificate of convenience in this proceeding; 2. a November 21, 2000 new release pertaining to a September 14, 2000 interim guideline adopted by the U. S. Fish & Wildlife Service relating to bird kills at communications towers; ) I 3. a projection of the economic impact on Tucker County which would flow from I the incorporation of the Blackwater Falls State Park into the National Park system, and a discussion of the manner in which DO1 evaluates sites for inclusion into the National Park system. With these submissions, the West Virginia Highlands Commission believes that it has sustained its position that a complete and independent environmental impact statement is required for this project in order to adequately assess avian impact, and that the nocturnal light visible from the lower two arrays of the project jeopardize the recreational value of the Blackwater State Falls Park. We reiterate our position that, apart from the foregoing matters, the Conservancy does not oppose this project and supports the diversification of energy generation sources in the state. Very truly yours, r- William V. DePiulo cc: Robert Rodeker, Esq. Don Gasper Received: 12/ 6/00 12:49; -> ROSS & DePAULO-PLLC; Page 3 .'P-lLL-4995 G:31PM FROM ,", P. 3 From: Ron Canterbury <[email protected]> To: Frank Young [email protected]> CC: Sheila McEntee <[email protected]> Date: Tuesday, December 05,2000 534 PM Subject: Comments on a migration study used to assess the potential effects of wind turbine,s.on Backbone.Mountain ., . .:, .,*.... " , ... -..-.-._ ~~-~s-=---=.:,'*:I"., .A. 1:'-"<---------------- "--"--._.I..:.' _e.. '.. _. ...1<.-7.;..., Dear Frank, I am writing in response to your letter dated 30 November 2000 and inquiry regarding my opinion of the migration study on Backbone Mountain to assess the potential impacts of a proposed wind power project. Befo~elaunching \ into my views, I will first explain my connection with the project. As a leading state ornithologist, t was interviewed by Or. Paul Kertinger, the lead consultant on the migration impad study, to project my estimate of potential impacts on migratory songbirds and raptors. This interview, if I recall correctly, was conducted about a year ago. At that time, I also indicated that I would be willing to assist with any needed studies. This, however, did not happen. I am Chair of the WV Partners In Flight Research (PIF) and Monitoring and have seen numerous discussions of this project within W PIF. I have camfully read Dr. Kerlinger's report and understand that twcr graduate students conducted the migration field study. Although I have the highest respect for Dr. Kerlinger, 1 do have a few mncems about the study. Dr. Kerlinger is considered a national expert on avian migration ecology and is well published in the national literature. My concerns, hourever, involve the length and nature of the study. I am not necessarily convinced that I Backbone Mountain is a poor, or moderate, area for migrant birds. I conclude this from several reasons. Bird banding was NOT conducted by experts in the field to adequately assess what migrants were using the area. "Snap-shot" visual counts will surely miss some secretive andlor non-vocal species. Nor, did the study attempt to determine abundance of migrants. Yearly variation in migration is also NOT considered. For example, it was a poor fall migration season at the Allegheny Front Migration Observatory (AFMO) in Grant County (Hall, pes. comm.), which is close to the site studied in Kerlinger's report. Thus, it was likely a poor migration this fall along Backbone Mountain, too. Other areas experienced a good migration pattern. For example, it ms a fairly good migration season in southern West Virginia (Canterbury in press). Thus, the study did not deal with temporal and spatial varidon in avian migration. Backbone Mountain could be a good site for migrants in some years. West Virginia is a key state for many threatened and endangered migrant landbirds, as well as for many declining species and species of special concern. Northeast PIF and Cornelt Laboratory of Ornithology have advocated the importance of West Virginia to Golden-winged and Cerulean Warblers, for example. 12/6/00 Received: 12/ 6/00 12:50; -> ROSS & DePAULO-PLLC; Page 4 ' . ~a-i~1-1995G:~~PM FROM P. 4 Page 2. of 3 By my 14 years of research on birds in West Virginia, and especially that of eight years of migration studies using mist-netting and bird banding, I know that birds show remarkable variation within and between years and among habitats. A particutar area may have a(n) good or excellent flight of migrants one year, but not the next. I highly encourage more detailed studies on the site over longer periods of time. I recommend the use of bird-banding and use of experts in West Virginia. These suggestions are likely to provide a clearer picture of avian migration along Backbone Mountain, as well as a more robust assessment of use of the site by migrant tandbirds. I don't believe we should consider the building 01 wind turbines before more detailed studies are produced. I am NOT against wind power, nor do I advocate them. I do, however, betieve we need alternatives to fossil fuels and other energy sources, but believe the appropriate studies should be I conducted beforehand. Companies investing in wind turbines can only potentially benefit from adequate environmental decisions. These will ultimately lead to an easier road to travel when the next recommended site/project becomes available. Adequate investment in more detailed environmental impact studies will redwoe the burden of permit approval, etc. during future transactions. Migratory birds are being decimated by loss of habitat through suburban sprawl and mortalities in migration by crashing into telecommunication towen, buildings, as well as great lasses due to cats. We cannot, end shoutd not, contribute to additional losses without adequate environmental studies. Many national and WV Piers are concerned about the potential loss of songbirds and raptors at this site if the towers are. constructed. However, I predicted (from the literature, location of the site, my past experience, type of towers proposed, etc.)that the site in discussion is i probably not that important to migrant landbirds and may not produce mass matalities. I would, however, not bet on this predication based on temporal and spatial variation in migration patterns and without detailed studies. I urge Dr. Keriinger and the company involved, as welt as WV Division of Natural Resources, USFWS, etc. to consider my request to do more detailed studies on the site before a decision is made on whether or not to build wind towers on Backbone Mountain. Iwoutd eagerly like to work with Dr. Kerlinger on this issue. I firmly believe my expertise with migrant songbirds and evaluation of the situation coutd provide those involved with a more detailed and adequate resolution, or at least enough data for making a sound decision here in West Virginia. In summary, the migration study used to assess whether the projected site is a valuable area for migrants and, thus, not useful for wind turbines is (7) too short in duration, (2) lacks mist-netting and bird banding to assess the complete migration picture, and (3) does not consider temporal variation in migration patterns. One additional note is that the Golden-winged Warbler occurs in the area. This species is curtvntly being 12/6/00 -> ROSS & DePAULO-PLLC; Page 5 Received: 12/ 6/00 12:51; P. 5 , ' 4-1 4-1 995 *6: 32PM FROM Page 3 of 3 evaluated for federal endangerment status. Finally, the study does NOT consider how impacts of the wind towers OR bird populations IocaHy tie in with regional biodiversity and ecosystem structure. In other words, the concept of additivity. How does small disturbances in Wert Virginia contribute to ovetalllregional declines of migratory landbirds? Even small disturbances are likely to impact wildlife in some way, and these ace usually negative impacts. Much can be done to circumvent these impacts if continued studies are conducted or if there is long-term monitoring. These studies could be used to predict changes in bird populations, to justify application of restomtion ecology, as we\\ as to p~ediCtchanges in tower construction to minimize impacts. I do assume, however, that adequate sites for wind turbines may be present in West Virginia, but justifiable, sound environment€d studies are needed to document these areas. Sincerely, Ronald A. Canterbury Assistant Professor Chair, WV Partners In Flight Research and Monitoring Editor, WV Academy of Science Department of Biology The Southern WV Bird Research Center Concord College Athens, W 247 I2 Voice: (304) 384-5214 Fax: (304) 384-9044 E-mail: canterQu-=@consord-edu i 12/6/00. Received: 12/ 5/00 17:28; 202 219 2428 -> ROSS & DePAULO-PLLC; Page 2 ” 12/05/!00, 16:S2 FAX 202 219 2428 , MEDIA SERVICES-FWS -, --.
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