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w York State Department of EnvironmentalConservatioOF FISH WILDLIFEAND MARINERESOURCES 5TH FLOOR7 WASHINGTON ST.WATERTOWN NY 13601

(315)785-2261 Fax: (315) 785.2242w

www.dec.nv.qov -lexander B. GrannteCommissionerJanuary 27,2009

Town of Cape VincentAttn: Thomas K. Rienbeck, SupervisorPO Box 915Cape Vincent, NY 13618Town of Cape VincentAttn: Mene V. Ingerson, Town Planning BoardPO Box 915Cape Vincent, NY 13618

Re: State Environmental Quality Review (SEQR)ProposedWind Power ProjectSt Lawrence Windpower, LLCEndangeredtThreatened SpeciesDear Supervisor Rienbeck and Clerk Ingerson:

This letter is intended to follow up oncomments that the NewYork State Department ofEnvironmental Conservation (NYSDEC) provided in their letters dated March 9 and June 15,2007 with regard to their reviewof the Draft Environmental Impact Statement (DEIS) preparedfor the above-referenced project. In that letterDEC pointedout that additional data would beneeded before potential impacts to birds and bats could be meaningfully critiqued. Furtherreview of the proposed project with regard to wildlife impacts has led the DEC to conclude thatthe operation of this wind power project, as proposed, may result in .a lake" of one or moreendangered or threatened wildlife species, or their habitat as defined by the EnvironmentalConservation Law (ECL). Takenof a fish or wildlife species fisted as endangered or threatenedis prohibited without a permit from NYSDEC issued pursuant to Article 11 Section 0535 of theECL.

Therefore you and the project sponsor, Acciona, are advised to include the potentialrequirement for an Endangeredand Threatened Species Incidental Take Permit in futureplanning, review and permitting efforts. Take or Taking means the pursuing, shooting, hunting,Wlling, capturing, trapping, snaring and nettingofany species listedas endangered orthreatened, andall lesseracts such as disturbing, harryingorworrying. Lesseractsalso includeharassing, harming, maiming, wounding or collectingany species listed as endangered orthreatened, any act which is likely to cause the death ofor injury to any individual memberfs)of aspecies listed as endangered or threatened, any adverse modification, degradation ordestructionof occupied habitat of any species listed as endangered or threatened, and anyinterferencewith or impairment of essential behaviors of a listedspecies. In the event that it isnot possible to avoid such impacts, an incidental take pernit, as notedabove, maybe required.

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Specific to this pbject, the occurrence ofShort-eared Owls (Asia ffammeus) andNorthernHarriers (Cireus cyaneus)on or adjacent to proposed project locations has beendocumented. The Short-eared owl is listed as an endangered species and the Northern Harrieris listed as threatened in New York Codes, Rules and RegulationsPart 182.The Department isconcerned that take of these species may occur from the oss and fragmentation of habitatutilized by listed species due to the clearing, grading and construction activities. There is also apotential for take to occur from the operation of the facility through the collision of listed specieswith wind towers and bladesand disptacement of listed species due to disturbancecaused bythe operation and maintenanceof the turbines.

In addition, the take ofother fisted bird specieswhose occurrences have not necessarilybeen documented within or adjacent to proposed project locations,may result from this projectbyvirtue of the project's location within the St. Lawrence Plain GrasslandFocusArea. Thisfocus area supports key habitat for grassland bird species such as Henslov/s Sparrow(Ammodramus henslowii)(NYSDEC Threatened), Sedge Wren {Cisfothorusplatensis)(NYSDEC hreatened) and Upland Sandpiper {Bartramia longicauda) (NYSDEC Threatened).Their respective presencelabsence relative to the project area should be evaluated bycomprehensive pre-construction field study and the results of such study used to guide futureproject related planning, review and permittingefforts for these species.Finally, two non-bird listed wildlife specieshave also been associated with the projectarea - Blandings turtle (Emydoidea blandingio (NYSDEC Threatened) and Indiana bat {Myotissodalis)(Federal and NYSDEC Endangered). Their presencelabsence within the project areashould also be thoroughlyassessed bypre-construction field study, to provide a basis to guidefuture project relatedplanning, review and permitting, efforts for these species. .If you have questions or need further information regarding Endangered and ThreatenedSpecies Incidental Takepermit requirements, please contact our office.

&ional widlife ManagerRegion 6 - WatertownW HG/cc: L ArnbeauJ. BurkeB. GundemanK.-KogutJ. NascaD. RosenblattS.Tomasik

R. Young

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ew York State Department of EnvironmentalConservationOFFISHWILDLIFEANDMARINERESOURCES 5TH FLOOR7WASHINGTONST,WATERTOWM MY 13601

(315) 785-2261 Fax: (315)785-2242 wwww.dec.nv.aov -lexander B. GrannisCommissionerTown of ClaytonAttn: Mr. JustinA. Taylor, Supervisor405 Riverside DriveClayton, NY 13624Town of ClaytonAttn: Ms.Kathleen E. LeClair,PlanningBoard405 Riverside DriveClayton,NY 13624

Re: State EnvironmentalQualityReview (SEQR)Proposed Wind Power ProjectHorse Creek -PPM EnergyEndangeredtThreatenedSpeciesThis letter s intended to follow up on comments that the NewYorkState Departmentof

Environmental Conservation (NYSDEC) provided in their letter dated June 15,2007 with regardto their review of the Draft Environmental ImpactStatement

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interferencewith or impairmentof essential behaviorsof a listed species, h he event that it.isnotpossibleto avoid such impacts, an incidental ake permit, as noted above, may be required-Specific to this project, the occurrence of Short-eared Owls (Asio f fammeus) ,Northern

Harriers (Circus cyaneus),and Henslow's Sparrow (Ammodramushenslowlf)on or adjacenttoproposed project locations has beendocumented. The Short-earedowl is listed asanendangered species and both the NorthernHarrierand Henslow's Sparroware listed asthreatened in New York Codes, Rules and Regulations Part 182. The Department is concernedthat take of these species mayoccur from the loss and fragmentation of habitat utilized by listedspecies due to the dealing, grading and construction activities. There is also a potential or taketo occur from the operation of the facility through the collision of listed species with wind towersand blades and displacementof listed species due to disturbance caused by the operation andmaintenance of the turbines.

In addition, the take ofother listed bird species may result from this project by virtue ofthe project's location, within the St. Lawrence Plain GrasslandFocusArea and thePerch RiverImportant Bird Area. These apas provide key habitat for the above mentionedandothergrassland bird species such as: SedgeWren (Cistothonis platensis) (NYSDEC Threatened)andUpland Sandpiper (Bartramia longicauda) (NYSDEC Threatened). Their respectivepresencelabsence relative to theprojectarea should be evaluated by comprehensive pre-construction field study,and the resultsof such study used to guide future project relatedplanning, reviewand permitting efforts for these species.

Finally, two non-bird listedwildlife species have also been associated with the project.area - Blandings turtle (Emydoideablandhgi/)(NYSDECThreatened)and Indiana bat (Myotis .socfalis)(Federal and NYSDEC Endangered). Their presencelabsence within the project areashould also be thoroughly assessed by pre-construction field study, to provide a basis to guidefuture project related planning, review and permittingefforts for these species.If you have questions or need further information regarding EndangeredandThreatenedSpecies IncidentalTake permit requirements,please contact ouroffice.

~eg ion -Watertowncc: . L. AmbeauJ, BurkeJ. Drabicki

K.KogutJ. NascaD. RosenblattS. Tomasik