JACKSON@LYATTORNEYS AT LAW PLLC 1600 IAIDLMTOWER PO.BOX 553 * CHARLESTON,WESTVlRGlNIA 25322 ‘TELEPHONE: 304-340-1000 *TELECOPIER 304-340-1 I30 wJacksonkelly.com Direct Dial No. (304) 340- 1251 e-mail: [email protected] State Bar ID No. 599 1 September 24,2002 Via hand delivery Sandra Squire, Executive Secretary $5 Public Service Commission of West Virginia 201 Brooks Street Post Office Box 8 12 Charleston, West Virginia 25323 Re: Case No. 02- 1189-E-CN NedPower Mount Storm LLC Dear Ms. Squire: Enclosed please find an original and six copies of an “Endangered Species Status and Phase I Avian Risk Assessment” for the Project prepared by Potesta & Associates, Inc., NedPower’s environmental consultants on the Project (“Study”). In the Study, Potesta summarizes three assessments performed in L.c% connection with the Project and attached to the Study as Appendices A, B and C, respectively: A. “Surveys for Potential Habitat of the West Virginia Northern Flying Squirrel at the Proposed NedPower Mount Storm LLC Windmill Turbines Project Site,” prepared by Dr. Edwin D. Michael, Professor Emeritus, West Virginia University; B. “Habitat Assessments for Potential Habitat of Cheat Mountain Salamanders (Plethodon nettingi) in Proposed Windmill Sites of the NedPower Mount Storm LLC,” prepared by Dr. Thomas K. Pauley, Professor, Marshall University; and C. “Phase I Avian Risk Assessment for a Proposed Wind Farm in Grant County, West Virginia,” prepared by Dr. Ronald A. Canterbury, Professor, Concord College. We would be pleased to provide additional copies of the Study to the Commissioners shouy they so request. #L ~ . , - -.* %,, . ,- ,, > Was~~.C~~~~~~,*~in~on,KY Fairmont, WV Martinsburg, WV Wheeling, WV Morgantown, WV New Martinsville,WV Parkersburg,WV , .. Sandra Squire, Executive Secretary September 24,2002 Page 2 Please file this letter and the attached Study and circulate the six additional copies to the appropriate parties at the Commission. We also ask that you date stamp the extra copies of this letter and return them with our messenger. As always, we appreciate your assistance in this matter. CLC/dgc cc: William V. DePaulo, Esq. (w/enc.) Caryn W. Short, Esq. (w/o enc,) Leslie J. Anderson, Esq. (w/o enc.) Vincent Trivelli, Esq. (w/enc.) Jerome Niessen (w/o enc.) Timothy P. Heinle (w/o enc.) James Alexander (w/o enc.) Laidley E. McCoy (w/o enc.) C0646305.1 Potesta 6’Associates, Inc. Engineers and Environmental Consultants 2300 MacCorIde Avenue S.E.,Cox Hall, Charleston, West Virginia 25304-1099 Telephone: (3041342-1400 Fax: (304)343-9031 E-mail: [email protected] September 2002 Endangered Species Status and Phase I Avian Risk Assessment For a Proposed Wind Farm in Grant County, West Virginia Preliminary Report - September 23,2002 Prepared for: NedPower Mount Storm LLC 5 160 Parkstone Drive, Suite 260 Chantilly, Virginia 201 5 1 Prepared by: Potesta & Associates, Inc. 2300 MacCorkle Avenue, S.E. Charleston, West Virginia 25304 Project No. 02-0083 Endangered Species Status and Avian Risk Assessment for a Proposed Wind Farm in Grant County, WV September 23, 2002 TABLE OF CONTENTS 1.0 INTRODUCTION .............................................................................................................. 1 2.0 HABITAT EVALUATIONS .............................................................................................. 1 2.1 West Virginia Northern Flying Squirrel ................................................................. 2 2.2 Cheat Mountain Salamander ................................................................................... 3 2.3 Indiana and Virginia Big-eared Bats ....................................................................... 3 3.0 PHASE I AVIAN RISK ASSESSMENT ........................................................................... 3 4.0 CLOSING ........................................................................................................................... 4 - APPENDICES “Surveys for Potential Habitat of the West Virginia Northern Flying Squirrel at Proposed NedPower, Mount Storm LLC Windmill Turbines Project Site” by Dr. Edwin D. Michael, Professor Emeritus, West Virginia University.. ......................................................... APPENDIX A “Habitat Assessments for potential Habitat of Cheat Mountain Salamanders in Proposed Windmill Sites of the NedPower Mount Storm LLC” by Dr. Thomas K. Pauley, Professor Marshall University ................................................................................................... APPENDIX B “Phase I Avian Risk Assessment for a Proposed Wind Farm in Grant County, West Virginia” by Dr. Ronald A. Canterbury, Assistant Professor of Biology, Concord College ..........APPENDIX C Endangered Species Status and Avian Risk Assessment, September 2002 Endangered Species Status and Phase I Avian Risk Assessment For a Proposed Wind Farm in Grant County, West Virginia 1.0 INTRODUCTION NedPower Mount Storm LLC (NEDPOWER) is currently developing a wind power project along the Allegheny Front near Mount Storm, Grant County, West Virginia. The project entails the construction of a wind farm (up to 300MW) to be completed in three phases. The Project will consist of up to 200 wind turbines each with a rated capacity of 1.5 to 2.5 megawatts. Each turbine will be mounted on a steel tower approximately 15 feet (4.6 m) in diameter and 210 to 330 feet (64 to 101 m) in height. Each turbine will have three blades of approximately 115 feet (35 meters) with each turbine’s blades being more than 82 feet (25 meters) from the ground. The proposed NedPower Mount Storm wind farm project will be located on a site approximately 14 miles long with an average width of 0.5 miles near the Mount Storm power plant and Mount Storm Lake in Grant County, West Virginia. The Site extends along the Allegheny Front from east of the Stony River Reservoir to about 0.75 mile (1.21 km) from Mt. Pisgah. The site is private land primarily used for commercial logging and surface mining purposes. Telecommunications towers and utility rights-of-ways (ROWS) are found throughout the Mount Storm area. Actual land disturbance from the Project is expected to be less than 200 acres. Any land disturbance that requires alteration in habitat has the potential to present risk to federally listed threatened and endangered species that may be present. Additionally, large stationary objects, such as cell towers or wind turbines, may present risk to avian species. It is for these reasons, as well as issues pursuant to Section 9 of the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA) and Section 2 of the State Code (Natural Resources), I that NEDPOWER is presenting the following status report. This report summarizes activities to date related to rare, threatened and endangered species as well as avian risk. 2.0 HABITAT EVALUATIONS Letters were sent on June 10 and July 8, 2002 to the US Fish and Wildlife Service (Service), Elkins, West Virginia and to the West Virginia Department of Natural Resources Natural Heritage Program (DNR), Elkins, West Virginia respectively. These letters were written to inform the agencies of the project and to make inquiries about rare, threatened and endangered species. The Service visited the site on July 23, 2002. Based on this visit, the Service determined that the following federally listed species could occur in the proposed project area and could be impacted: the endangered Indiana bat (Myotis sodalis), the endangered Virginia big-eared bat (Corynorhinus townsendii virginianus), the endangered West Virginia northern flying squirrel Endangered Species Status and Avian Risk Assessment, September 2002 Page 1 (GZaucomys sabrinus fuscus) and the threatened Cheat Mountain salamander (Rethodon nettingi). The Service has suggested habitat surveys for the Cheat Mountain salamander and the West Virginia northern flying squirrel. If potential habitat exists, the service recommends that the area with known habitat be surveyed for the presence of these species. The Service recommended two courses of action in regard to the Indiana bat. The first option is to conduct mist net surveys to determine if summer foraging and roosting habitat occur within the proposed area. These types of surveys must be conducted between May 15 and August 15. If no Indiana bats are found during the mist net survey, the Service considers that if they are present, they are in low numbers. Therefore, the likelihood of a take from project construction is minimal, and tree removal can occur at any time of the year. The second option is to clear trees during the November 15 to March 31 time period. However, the Service recommends that a I habitat survey and analysis of the area within two miles from the centerline of the project be - completed prior to utilizing this option. This is done in an effort to determine if sufficient Indiana bat summer habitat will remain after the proposed projects tree removal. If tree removal in the NEDPOWER project area will significantly impact the available Indiana bat summer habitat, the service recommends that an additional mist net survey be completed. The Service considers the southern portion of the proposed project area likely to be used by the Virginia big-eared bat for foraging. Due to this supposition, the Service is requesting an assessment of the potential “take” of the Virginia big-eared bat. The Service would also like an assessment of the potential for “take” completed on any other threatened or endangered species found within the project