RESPONSIBLE WIND ENERGY UPDATES
BSBO Responds to Ohio Supreme Court Ruling
on Firelands Wind, LLC's Emerson Creek Wind Facility
that threatens Bald Eagles and Migratory Songbirds
August 10, 2023
The migratory bird experts at Black Swamp Bird Observatory would like the public to know that the recent decision by the Ohio Supreme Court to uphold the Ohio Power Siting Board's (OSPB) granting of a Certificate of Environmental Compliance and Public Need to Firelands Wind, LLC for their Emerson Creek Wind Facility puts millions of migratory birds, including Bald Eagles, at risk.
This decision will allow for the construction of up to 71 wind turbines in areas of Erie and Huron Counties. These turbines would be located directly in spring and fall migratory pathways of one of North America’s largest concentrations of birds and would threaten locally-nesting Bald Eagles.
In spite of the court’s ruling, we maintain our position that Firelands Wind LLC. did not provide sufficient data to the OPSB for them to adequately determine the environmental impacts to these species.
The Ohio Revised Code Section 4906.10 requires the OPSB to “…not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines the probable environmental impact …” and other considerations.
The science clearly shows that the greatest risk presented by aerial structures such as wind turbines is to nocturnally-migrating birds. Yet, there were NO studies included in the Firelands Wind LLC application addressing the presence of nocturnally-migrating birds within the proposed site. Therefore, it was not possible for the OPSB to determine the risk to migrating birds and bats at the proposed location, hence this required criteria for certification was not met.
The migratory bird experts at Black Swamp Bird Observatory would like the public to know that the recent decision by the Ohio Supreme Court to uphold the Ohio Power Siting Board's (OSPB) granting of a Certificate of Environmental Compliance and Public Need to Firelands Wind, LLC for their Emerson Creek Wind Facility puts millions of migratory birds, including Bald Eagles, at risk.
This decision will allow for the construction of up to 71 wind turbines in areas of Erie and Huron Counties. These turbines would be located directly in spring and fall migratory pathways of one of North America’s largest concentrations of birds and would threaten locally-nesting Bald Eagles.
In spite of the court’s ruling, we maintain our position that Firelands Wind LLC. did not provide sufficient data to the OPSB for them to adequately determine the environmental impacts to these species.
The Ohio Revised Code Section 4906.10 requires the OPSB to “…not grant a certificate for the construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the board, unless it finds and determines the probable environmental impact …” and other considerations.
The science clearly shows that the greatest risk presented by aerial structures such as wind turbines is to nocturnally-migrating birds. Yet, there were NO studies included in the Firelands Wind LLC application addressing the presence of nocturnally-migrating birds within the proposed site. Therefore, it was not possible for the OPSB to determine the risk to migrating birds and bats at the proposed location, hence this required criteria for certification was not met.
Equally alarming is that the OPSB and the Ohio Supreme Court chose to dismiss the presence of Bald Eagle nests within the footprint of the proposed facility. These nests were documented by local residents and our own Bald Eagle expert, but the court chose to rely wholly on the hired consultant’s survey instead.
During the hearing, the wind energy’s hired consultant made a blatant error, misidentifying a Bald Eagle on an active nest claiming it was a Red-tailed Hawk. This nest is directly in the footprint of the proposed wind turbines.
As a result of this refusal to acknowledge the error, the U.S. Fish and Wildlife Service failed to render these sections of the project footprint as off-limits to turbines as defined under Category 1 of the Eagle Conservation Planning Document. This error moves the project into Category 2, allowing them to file for an “Eagle Take Permit.” This means they can legally kill Bald Eagles.
There are organizations advocating for wind energy development that argue climate change is a greater threat to birds than wind turbines, so bird (and bat) deaths are an acceptable tradeoff. That argument is not valid in areas where migratory birds occur in such massive numbers, where grids of turbines could have a catastrophic impact.
We agree that our nation must reduce greenhouse gas emissions to address global warming. But wind turbines are not the only renewable energy option available for cleaner energy production. In areas where massive numbers of birds migrate, such as the proposed site and the lakeshore region in general, there are alternative renewable energy options, specifically distributed solar, that can be utilized on our already developed infrastructure.
Climate change should not be used as a reason to excuse negligent bird and bat mortalities.
For further information contact Kimberly Kaufman, [email protected] or 419-898-4070
During the hearing, the wind energy’s hired consultant made a blatant error, misidentifying a Bald Eagle on an active nest claiming it was a Red-tailed Hawk. This nest is directly in the footprint of the proposed wind turbines.
As a result of this refusal to acknowledge the error, the U.S. Fish and Wildlife Service failed to render these sections of the project footprint as off-limits to turbines as defined under Category 1 of the Eagle Conservation Planning Document. This error moves the project into Category 2, allowing them to file for an “Eagle Take Permit.” This means they can legally kill Bald Eagles.
There are organizations advocating for wind energy development that argue climate change is a greater threat to birds than wind turbines, so bird (and bat) deaths are an acceptable tradeoff. That argument is not valid in areas where migratory birds occur in such massive numbers, where grids of turbines could have a catastrophic impact.
We agree that our nation must reduce greenhouse gas emissions to address global warming. But wind turbines are not the only renewable energy option available for cleaner energy production. In areas where massive numbers of birds migrate, such as the proposed site and the lakeshore region in general, there are alternative renewable energy options, specifically distributed solar, that can be utilized on our already developed infrastructure.
Climate change should not be used as a reason to excuse negligent bird and bat mortalities.
For further information contact Kimberly Kaufman, [email protected] or 419-898-4070
BSBO Statement at Erie County Commissioners
Meeting Regarding Senate Bill 52 which seeks to revise
the law governing wind and solar facilities
June 28, 2023
Founded in 1992, based in Oak Harbor with our headquarters located just inside the entrance to Magee Marsh Wildlife Area, Black Swamp Bird Observatory is an independent nonprofit dedicated to bird research, education, and conservation. We are small in budget, bricks, and mortar, but huge in terms of regional impact. We’ve been studying migratory birds in this region for more than 30 years. We offer science- and curriculum-based school programs—developed under the guidance of teachers—for Erie County students. And we provide these programs at no cost to schools. We also host The Biggest Week In American Birding, a 10-day spring birding festival that brings more than 90,000 birders here from all over the world.
Birds are a unique and valuable ecological and economic asset for Erie County. Three major migratory routes that songbirds follow in spring converge in Erie County, resulting in billions of birds dropping into the habitat along the lakeshore to rest and feed before crossing Lake Erie. We have 30+ years of migration studies that document the fact that this area is, without question, one of the greatest concentrations of migratory birds in the Western Hemisphere.
Our organization has built a tourism industry centered around this massive concentrations of birds, working for more than 3 decades to create an industry that now generates an annual economic impact of more than 40 million dollars for our local communities.
Millions of dollars are being invested in habitat restoration in this area by regional and national partners, attracting even more birds to an area already rich in biodiversity. Whether you’re interested in birds or natural resources at all, as community leaders, it is incumbent upon us to be good stewards of the natural areas that are such an asset to the region.
We support renewable energy. And if wind energy alone could resolve climate change and save the planet, we would support it without hesitation. In fact, there are many wind projects being developed in Ohio that we have not objected to. But it is NOT the only renewable energy option. And it is absolutely not the right renewable energy for this, or any area, so critically important to migratory birds.
We would even argue that the more we allow turbines to destroy migratory bird habitat, the harder it is for the millions of birders in this country to support wind energy development at all. And make no mistake; habitat destruction is what these turbines represent. Birds spend much of their lives on the wing. The air column IS habitat, and one we must protect, especially in areas where birds are so concentrated.
As a major stakeholder in this county, the leading experts on migratory birds, and a community partner generating a significant economic impact, we support the County Commissioners resolution (#23-153) declaring the unincorporated areas of Erie County, Ohio to be restricted, prohibiting construction of economically significant wind farms, large wind farms and large solar facilities pursuant to O.R.C. 303.57.
Read more about Senate Bill 52 HERE.
Founded in 1992, based in Oak Harbor with our headquarters located just inside the entrance to Magee Marsh Wildlife Area, Black Swamp Bird Observatory is an independent nonprofit dedicated to bird research, education, and conservation. We are small in budget, bricks, and mortar, but huge in terms of regional impact. We’ve been studying migratory birds in this region for more than 30 years. We offer science- and curriculum-based school programs—developed under the guidance of teachers—for Erie County students. And we provide these programs at no cost to schools. We also host The Biggest Week In American Birding, a 10-day spring birding festival that brings more than 90,000 birders here from all over the world.
Birds are a unique and valuable ecological and economic asset for Erie County. Three major migratory routes that songbirds follow in spring converge in Erie County, resulting in billions of birds dropping into the habitat along the lakeshore to rest and feed before crossing Lake Erie. We have 30+ years of migration studies that document the fact that this area is, without question, one of the greatest concentrations of migratory birds in the Western Hemisphere.
Our organization has built a tourism industry centered around this massive concentrations of birds, working for more than 3 decades to create an industry that now generates an annual economic impact of more than 40 million dollars for our local communities.
Millions of dollars are being invested in habitat restoration in this area by regional and national partners, attracting even more birds to an area already rich in biodiversity. Whether you’re interested in birds or natural resources at all, as community leaders, it is incumbent upon us to be good stewards of the natural areas that are such an asset to the region.
We support renewable energy. And if wind energy alone could resolve climate change and save the planet, we would support it without hesitation. In fact, there are many wind projects being developed in Ohio that we have not objected to. But it is NOT the only renewable energy option. And it is absolutely not the right renewable energy for this, or any area, so critically important to migratory birds.
We would even argue that the more we allow turbines to destroy migratory bird habitat, the harder it is for the millions of birders in this country to support wind energy development at all. And make no mistake; habitat destruction is what these turbines represent. Birds spend much of their lives on the wing. The air column IS habitat, and one we must protect, especially in areas where birds are so concentrated.
As a major stakeholder in this county, the leading experts on migratory birds, and a community partner generating a significant economic impact, we support the County Commissioners resolution (#23-153) declaring the unincorporated areas of Erie County, Ohio to be restricted, prohibiting construction of economically significant wind farms, large wind farms and large solar facilities pursuant to O.R.C. 303.57.
Read more about Senate Bill 52 HERE.
BSBO Statement on Study Painting One Wind Turbine Blade Black
A recently released scientific paper based on work done in Norway seems to suggest that bird deaths at wind turbines can be significantly reduced by painting one of the three blades black and leaving the other two white/gray so as to make them more noticeable to birds in flight. There has been a flurry of optimism over the study and its potential impact on the use of wind turbines as a renewable energy source. We think this optimism is overstated, and would like to set the record straight.
First, the idea of painting turbine blades to reduce bird deaths was published in 2003 by the University of Maryland in conjunction with National Renewable Energy Laboratory in Colorado. This study set the groundwork for the principles behind the Norwegian study.
The conclusions of the Norwegian study were that death rates were reduced by over 70% at the painted turbines; but this needs to be tempered by the facts of the study. First of all, it was a small study, looking at fatality results of only four painted turbines and four adjacent unpainted ones. The authors of the study readily admit the small size of the study warrants that the study be repeated with a larger sampling of turbines in order to verify their results.
Secondly, the raw data appears to show a positive effect on bird deaths, which were primarily confined to white-tailed eagles, not other species. But even these results are inconclusive due to small sample size. In fact, if all the data are considered, including the data excluded by the authors of the study, the results are just the opposite: bird deaths increased with the painted turbines.
Additionally, the majority of birds killed by turbines are species other than raptors, and many of these may be killed during nocturnal migration when painting blades could not be expected to have any effect. Further, some species are predominantly killed by the stationary blades of turbines while the turbines are not operative or even the turbine tower. Even if the painting works eventually, its overall effect on most species is unknown at this time. Perhaps these are reasons why the work done in 2003 has languished for almost 20 years and still has not come to practical fruition. So, painting the blades is certainly not a panacea for bird deaths at turbines.
Finally, here in the U.S., it is an FAA regulation that turbines and blades can only be painted white or light gray in order to ensure their visibility to low flying aircraft; otherwise the turbines are required to have daytime lighting. So, for the time being, painting one blade black seems a moot point.
First, the idea of painting turbine blades to reduce bird deaths was published in 2003 by the University of Maryland in conjunction with National Renewable Energy Laboratory in Colorado. This study set the groundwork for the principles behind the Norwegian study.
The conclusions of the Norwegian study were that death rates were reduced by over 70% at the painted turbines; but this needs to be tempered by the facts of the study. First of all, it was a small study, looking at fatality results of only four painted turbines and four adjacent unpainted ones. The authors of the study readily admit the small size of the study warrants that the study be repeated with a larger sampling of turbines in order to verify their results.
Secondly, the raw data appears to show a positive effect on bird deaths, which were primarily confined to white-tailed eagles, not other species. But even these results are inconclusive due to small sample size. In fact, if all the data are considered, including the data excluded by the authors of the study, the results are just the opposite: bird deaths increased with the painted turbines.
Additionally, the majority of birds killed by turbines are species other than raptors, and many of these may be killed during nocturnal migration when painting blades could not be expected to have any effect. Further, some species are predominantly killed by the stationary blades of turbines while the turbines are not operative or even the turbine tower. Even if the painting works eventually, its overall effect on most species is unknown at this time. Perhaps these are reasons why the work done in 2003 has languished for almost 20 years and still has not come to practical fruition. So, painting the blades is certainly not a panacea for bird deaths at turbines.
Finally, here in the U.S., it is an FAA regulation that turbines and blades can only be painted white or light gray in order to ensure their visibility to low flying aircraft; otherwise the turbines are required to have daytime lighting. So, for the time being, painting one blade black seems a moot point.
Black Swamp Bird Observatory &
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While the feathering requirement for Icebreaker has been eliminated, the Avian and Bat Memorandum of Understanding and Revised Stipulations remain in place. Photo by majeczka/Shutterstock
Media Contact: Jordan Rutter, ABC Director of Public Relations, 202-888-7472 | [email protected] | @JERutter
Expert Contact: Joel Merriman, ABC Director of Bird-Smart Wind Energy, 202-888-7471 | [email protected]
Expert Contact: Kimberly Kaufman, Black Swamp Bird Observatory Executive Director, 419-898-4070 | [email protected]
(Washington, D.C., September 18, 2020) Yesterday, the Ohio Power Siting Board (OPSB) reversed its decision to require a stringent wildlife protection measure for Icebreaker Wind, approved in May to be the nation’s first freshwater offshore wind energy facility. This precedent-setting project poses high risks to birds and bats due to its location in Lake Erie, within a globally important migration hotspot. Yesterday’s decision increases these risks, but provisions remain that, if implemented correctly, could still provide protective measures for birds.
At issue was a condition of the project’s approval that required “feathering,” or turning off, turbines at night eight months of the year. The feathering requirement, which has now been removed, was required to protect birds from collisions with turbines, unless and until post-construction studies could show that impacts to wildlife are within acceptable limits. In the months since the project was approved, supporters have mounted a campaign to pressure OPSB to remove this condition.
“We’re disappointed that this requirement was removed,” says Joel Merriman, Bird-Smart Wind Energy Campaign Director for American Bird Conservancy (ABC). “For years, the developer has fought reasonable conditions to minimize and document impacts to birds and bats, and they have made no progress on the studies, plans, and mitigation that they know will be required. It’s telling that instead of doing these things, and showing that they can and will do the right thing for wildlife, they have instead continued to fight the OPSB.”
Kimberly Kaufman, Executive Director for Black Swamp Bird Observatory (BSBO), provides additional context: "While on the surface this decision by the OPSB appears to be a setback, we feel we can rely on the strength of the Avian and Bat Memorandum of Understanding (MOU) and the Revised Stipulations to adequately protect the interests of birds and bats without imposing the default mitigation method of feathering. This presupposes a genuine faith in the administration of the Ohio Department of Natural Resources to uphold the MOU and the Revised Stipulations, for which we hope we will not be disappointed."
“Initially, the OPSB felt that bird protections were necessary,” says ABC President Mike Parr. “The birds have not suddenly learned how to avoid turbines, and the danger remains. The idea that Icebreaker will turn off turbines if they notice birds hitting them sounds as though they are trying to be conscientious, but how are they going to find tiny songbird carcasses at night in the middle of a lake? We have close to 4 million square miles of land in the United States – the project site is among the worst few acres for birds in the entire nation.”
The site selected for this project is the Central Basin of Lake Erie, designated by the National Audubon Society as a Global Important Bird Area in recognition of the millions of birds that rely on it. This includes large concentrations of Common Loons, globally significant populations of Red-breasted Mergansers, and many other waterfowl, as well as transiting songbird flocks. Radar studies conducted by the U.S. Fish and Wildlife Service have recorded large numbers of migratory birds near Great Lakes shorelines, including the south shore of Lake Erie. Many of these birds were flying at altitudes that would be within the rotor-swept area of wind turbines.
“The well-documented importance of Lake Erie to birds means that a high bar must be set for any offshore wind facility to prove that it can avoid an unacceptable level of impacts,” says Merriman. “Reaching this bar starts with selecting an appropriate location. The Icebreaker facility, which would set the standard for wind energy development in the Great Lakes, was instead proposed for the heart of what could be called a ‘super highway’ for migratory species. This made it a high-stakes gambit from the start, and bird conservation groups have long voiced their concerns about the project. Nobody should be surprised that this has been a contentious process, already prompting a lawsuit to push for better environmental review.”
A recent study showed that the United States and Canada have lost nearly 3 billion birds — almost 30 percent of the total population — since 1970. Collisions with man-made structures have contributed to this decline.
“This is not the time to take chances with bird populations,” says Merriman. “We need renewable energy development to combat the effects of climate change, but it needs to be done right by avoiding high-risk areas for birds. Icebreaker Wind fails that test.”
ABC thanks the Leon Levy Foundation for its support of ABC's Bird-Smart Wind Energy Program.
###
American Bird Conservancy is a nonprofit organization dedicated to conserving birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and Twitter (@ABCbirds).
Black Swamp Bird Observatory is a 501(c)(3) not-for-profit whose mission is to inspire the appreciation, enjoyment, and conservation of birds and their habitats through research, education, and outreach.
Expert Contact: Joel Merriman, ABC Director of Bird-Smart Wind Energy, 202-888-7471 | [email protected]
Expert Contact: Kimberly Kaufman, Black Swamp Bird Observatory Executive Director, 419-898-4070 | [email protected]
(Washington, D.C., September 18, 2020) Yesterday, the Ohio Power Siting Board (OPSB) reversed its decision to require a stringent wildlife protection measure for Icebreaker Wind, approved in May to be the nation’s first freshwater offshore wind energy facility. This precedent-setting project poses high risks to birds and bats due to its location in Lake Erie, within a globally important migration hotspot. Yesterday’s decision increases these risks, but provisions remain that, if implemented correctly, could still provide protective measures for birds.
At issue was a condition of the project’s approval that required “feathering,” or turning off, turbines at night eight months of the year. The feathering requirement, which has now been removed, was required to protect birds from collisions with turbines, unless and until post-construction studies could show that impacts to wildlife are within acceptable limits. In the months since the project was approved, supporters have mounted a campaign to pressure OPSB to remove this condition.
“We’re disappointed that this requirement was removed,” says Joel Merriman, Bird-Smart Wind Energy Campaign Director for American Bird Conservancy (ABC). “For years, the developer has fought reasonable conditions to minimize and document impacts to birds and bats, and they have made no progress on the studies, plans, and mitigation that they know will be required. It’s telling that instead of doing these things, and showing that they can and will do the right thing for wildlife, they have instead continued to fight the OPSB.”
Kimberly Kaufman, Executive Director for Black Swamp Bird Observatory (BSBO), provides additional context: "While on the surface this decision by the OPSB appears to be a setback, we feel we can rely on the strength of the Avian and Bat Memorandum of Understanding (MOU) and the Revised Stipulations to adequately protect the interests of birds and bats without imposing the default mitigation method of feathering. This presupposes a genuine faith in the administration of the Ohio Department of Natural Resources to uphold the MOU and the Revised Stipulations, for which we hope we will not be disappointed."
“Initially, the OPSB felt that bird protections were necessary,” says ABC President Mike Parr. “The birds have not suddenly learned how to avoid turbines, and the danger remains. The idea that Icebreaker will turn off turbines if they notice birds hitting them sounds as though they are trying to be conscientious, but how are they going to find tiny songbird carcasses at night in the middle of a lake? We have close to 4 million square miles of land in the United States – the project site is among the worst few acres for birds in the entire nation.”
The site selected for this project is the Central Basin of Lake Erie, designated by the National Audubon Society as a Global Important Bird Area in recognition of the millions of birds that rely on it. This includes large concentrations of Common Loons, globally significant populations of Red-breasted Mergansers, and many other waterfowl, as well as transiting songbird flocks. Radar studies conducted by the U.S. Fish and Wildlife Service have recorded large numbers of migratory birds near Great Lakes shorelines, including the south shore of Lake Erie. Many of these birds were flying at altitudes that would be within the rotor-swept area of wind turbines.
“The well-documented importance of Lake Erie to birds means that a high bar must be set for any offshore wind facility to prove that it can avoid an unacceptable level of impacts,” says Merriman. “Reaching this bar starts with selecting an appropriate location. The Icebreaker facility, which would set the standard for wind energy development in the Great Lakes, was instead proposed for the heart of what could be called a ‘super highway’ for migratory species. This made it a high-stakes gambit from the start, and bird conservation groups have long voiced their concerns about the project. Nobody should be surprised that this has been a contentious process, already prompting a lawsuit to push for better environmental review.”
A recent study showed that the United States and Canada have lost nearly 3 billion birds — almost 30 percent of the total population — since 1970. Collisions with man-made structures have contributed to this decline.
“This is not the time to take chances with bird populations,” says Merriman. “We need renewable energy development to combat the effects of climate change, but it needs to be done right by avoiding high-risk areas for birds. Icebreaker Wind fails that test.”
ABC thanks the Leon Levy Foundation for its support of ABC's Bird-Smart Wind Energy Program.
###
American Bird Conservancy is a nonprofit organization dedicated to conserving birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and Twitter (@ABCbirds).
Black Swamp Bird Observatory is a 501(c)(3) not-for-profit whose mission is to inspire the appreciation, enjoyment, and conservation of birds and their habitats through research, education, and outreach.
Bald Eagle Killed by Wind Turbine in Bowling Green, Ohio
Ohio’s first known death of a bald eagle by collision with the blades of a large wind turbine, which occurred near Bowling Green in January, raises serious questions about potentially legalized killings of eagles, according to the Black Swamp Bird Observatory, of Oak Harbor.
The death of the eagle occurred Jan. 17, 2020, at a four-turbine complex in Wood County in northwest Ohio, and remains under federal and state investigation. Eagles are strictly protected both by the federal Bald and Golden Eagle Protection Act and federal Migratory Bird Treaty Act as well as state laws.
Read more HERE.
The death of the eagle occurred Jan. 17, 2020, at a four-turbine complex in Wood County in northwest Ohio, and remains under federal and state investigation. Eagles are strictly protected both by the federal Bald and Golden Eagle Protection Act and federal Migratory Bird Treaty Act as well as state laws.
Read more HERE.
BSBO Submits Comments on Proposed Take Permit for Ohio Wind Project
07/10/2020
The U.S. Fish and Wildlife Service sought public comment on a draft environmental assessment (EA) and habitat conservation plan (HCP) for the Hog Creek Wind Project in Hardin County, Ohio. The draft HCP accompanies an Endangered Species Act (ESA) permit application by Hog Creek Wind Project LLC for limited, unintentional take of the endangered Indiana bat and threatened northern long-eared bat as a result of normal operation of the company’s wind energy facility. The HCP outlines measures the company would take for long-term conservation of both bat species if the permit were approved.
Under the ESA, it is illegal to kill, harm or harass federally endangered or threatened species – even unintentionally – without a permit. As required by the ESA, the Hog Creek Wind Project HCP includes measures the facility would carry out to avoid, minimize and mitigate incidental take of the two bat species. Some of those measures include modifying operation of the turbines at night during spring and fall migration seasons and protecting existing bat habitat.
Habitat conservation plans are agreements between the Service and a landowner, private company or non-federal agency allowing them to undertake otherwise lawful activities on their property that may result in the incidental take of a federally endangered or threatened species. Permit applicants must minimize and mitigate the impact of the incidental take caused by their actions.
If approved, the Hog Creek Wind Project HCP would address incidental take that results from operating the company’s 30 wind turbines in Hardin County for 30 years. The permit would authorize incidental take of up to 97 Indiana bats and up to 30 northern long-eared bats over the life of the permit.
BSBO'S COMMENTS ON THE ENVIRONMENTAL ASSESSMENT
General comment: It seems that the entire purpose of this request for an Incidental Take Permit (ITP) is to improve the economics of the project. This is not a responsibility of the U.S.Fish and Wildlife Service (USFWS), it is the responsibility of the developer/owner. In fact, the purpose is contrary to the intent of an ITP under the Endangered Species Act, which is to minimize take, not suggest ways to increase it; therefore, the ITP should be denied and the operation at Hog Creek Wind should continue under the stipulations of the TAL of 02 Feb 2017.
Read BSBO's comments in their entirety, here: Comments on Environmental Assessment
BSBO'S COMMENTS ON THE HABITAT CONSERVATION PLAN
General comments: The HCP is heavily dependent upon two kinds of information: (1) the Evidence of Absence software manipulations to optimize the mitigation and minimization efforts to be employed at the project site; (2) upon the past mortality data generated by other wind projects. Some of the assumptions of the EoA software are debatable, and to that extent, the conclusions drawn are questionable. The data from other wind projects should not be compared with each other or with the Hog Creek project since they were generated by unknown methods, in different environments, and with different mortality estimators. Finally, the level of knowledge of bat behavior around turbines and the methods of performing good mortality searches is simply out of date, and seriously lacking.
Read BSBO's comments in their entirety, here: Comments on Draft Habitat Conservation Plan
The U.S. Fish and Wildlife Service sought public comment on a draft environmental assessment (EA) and habitat conservation plan (HCP) for the Hog Creek Wind Project in Hardin County, Ohio. The draft HCP accompanies an Endangered Species Act (ESA) permit application by Hog Creek Wind Project LLC for limited, unintentional take of the endangered Indiana bat and threatened northern long-eared bat as a result of normal operation of the company’s wind energy facility. The HCP outlines measures the company would take for long-term conservation of both bat species if the permit were approved.
Under the ESA, it is illegal to kill, harm or harass federally endangered or threatened species – even unintentionally – without a permit. As required by the ESA, the Hog Creek Wind Project HCP includes measures the facility would carry out to avoid, minimize and mitigate incidental take of the two bat species. Some of those measures include modifying operation of the turbines at night during spring and fall migration seasons and protecting existing bat habitat.
Habitat conservation plans are agreements between the Service and a landowner, private company or non-federal agency allowing them to undertake otherwise lawful activities on their property that may result in the incidental take of a federally endangered or threatened species. Permit applicants must minimize and mitigate the impact of the incidental take caused by their actions.
If approved, the Hog Creek Wind Project HCP would address incidental take that results from operating the company’s 30 wind turbines in Hardin County for 30 years. The permit would authorize incidental take of up to 97 Indiana bats and up to 30 northern long-eared bats over the life of the permit.
BSBO'S COMMENTS ON THE ENVIRONMENTAL ASSESSMENT
General comment: It seems that the entire purpose of this request for an Incidental Take Permit (ITP) is to improve the economics of the project. This is not a responsibility of the U.S.Fish and Wildlife Service (USFWS), it is the responsibility of the developer/owner. In fact, the purpose is contrary to the intent of an ITP under the Endangered Species Act, which is to minimize take, not suggest ways to increase it; therefore, the ITP should be denied and the operation at Hog Creek Wind should continue under the stipulations of the TAL of 02 Feb 2017.
Read BSBO's comments in their entirety, here: Comments on Environmental Assessment
BSBO'S COMMENTS ON THE HABITAT CONSERVATION PLAN
General comments: The HCP is heavily dependent upon two kinds of information: (1) the Evidence of Absence software manipulations to optimize the mitigation and minimization efforts to be employed at the project site; (2) upon the past mortality data generated by other wind projects. Some of the assumptions of the EoA software are debatable, and to that extent, the conclusions drawn are questionable. The data from other wind projects should not be compared with each other or with the Hog Creek project since they were generated by unknown methods, in different environments, and with different mortality estimators. Finally, the level of knowledge of bat behavior around turbines and the methods of performing good mortality searches is simply out of date, and seriously lacking.
Read BSBO's comments in their entirety, here: Comments on Draft Habitat Conservation Plan
Bird Conservation Groups File Lawsuit In Federal Court Over Icebreaker Wind Project
(Washington, D.C., December 11, 2019) American Bird Conservancy (ABC) and Black Swamp Bird Observatory (BSBO) today filed suit in federal court against the U.S. Department of Energy and U.S. Army Corps of Engineers (Case 1:19-cv-03694). The suit focuses on the agencies' failure to comply with the National Environmental Policy Act (NEPA) and Clean Water Act, respectively, during their evaluation of environmental impacts and alternatives associated with the Icebreaker Wind project. Icebreaker would place a precedent-setting wind energy facility in Lake Erie, offshore of Cleveland, Ohio.
Constructing turbines in the proposed project site would pose substantial collision risks to the enormous numbers of birds that use the area throughout the year, including large concentrations of migrating songbirds, as well as Common Loons, globally significant populations of Red-breasted Mergansers, and other waterfowl. Further, construction and increased vessel traffic associated with the project could pollute the waters used by these species. Despite this, the agencies have failed to adequately evaluate environmental impacts and reasonable alternatives that would reduce the project's impacts.
“We regret that legal action is our only recourse,” said Mike Parr, ABC's President. “The agencies did not give this project the careful evaluation it requires under applicable environmental laws. In addition, American tax dollars are paying for more than a third of the project cost – but a Norwegian corporation is in partnership with the nonprofit project implementer, LEEDCo. Why are U.S. taxpayer dollars supporting this in the first place? Migratory birds are a common good of the American people,” Parr added. “The government has a duty to protect them more than international business interests.”
If approved, Icebreaker would be the first offshore wind facility in the Great Lakes and only the second in the United States. The site selected by the developer, the Central Basin of Lake Erie, is within a National Audubon Society-designated Global Important Bird Area that draws millions of birds annually. Radar studies conducted by the U.S. Fish and Wildlife Service (USFWS) have recorded large numbers of migratory birds and bats near Great Lakes shorelines, including Lake Erie's south shore. Many were flying at altitudes that would be within the rotor-swept area of wind turbines, making these birds susceptible to collision-related deaths, injuries, and disturbances.
The Kirtland's Warbler is one such species. After more than 50 years on the endangered species list, this species has just been delisted and added to the list of successes under the Endangered Species Act. “Many agencies, NGOs, and other partners have worked for decades to see the Kirtland's Warbler recover from the brink of extinction,” said Joel Merriman, Director of ABC's Bird-Smart Wind Energy campaign. “We have no wish to see this undermined by an inadequately vetted energy project.”
Despite serious concerns regarding the risk of wind turbine-caused mortality and other impacts on birds, the Icebreaker proposal has moved forward over the last decade. Among other shortcomings, this precedent-setting project should have been evaluated through a comprehensive environmental impact statement (EIS) to comply with NEPA. USFWS — the agency with statutory jurisdiction and scientific expertise over U.S. bird populations — recommended that an EIS be developed, but was ignored.
“Existing data from the Ohio Department of Natural Resources shows that this area is important for huge numbers of birds,” said Kimberly Kaufman, Executive Director of BSBO. “The inadequate science provided by the applicant understates the risk. This highlights the importance of conducting a more comprehensive assessment of environmental impacts.”
Further, Icebreaker is a demonstration project. Its review and approval will be considered the benchmark for hundreds, possibly thousands, of additional turbines expected to be proposed for the Great Lakes over the coming decades. A robust cumulative impact assessment is needed to evaluate likely impacts of this larger scale of development. This would follow a similar requirement recently set for offshore wind facilities along the Eastern Seaboard.
“We need renewable energy development to combat the effects of climate change, but it needs to be done right,” said Merriman. “We must ensure that we're not creating new problems in the process by building turbines in high-risk areas for birds. This precedent-setting project needs to take the proper steps to demonstrate that the benefits outweigh the risks.”
The complaint seeks to require that the U.S. Department of Energy complete an EIS and comprehensive cumulative impacts assessment, and that both agencies complete a legally adequate alternatives analysis.
“Data published in September showed that North America has already lost around 29 percent of its bird population,” said Parr. “This project is an example of how birds are routinely ignored when business decisions are involved. Since birds are a public good, and taxpayer dollars are involved in benefiting a private company in this case, the agencies should be doing a much better job here.”
American Bird Conservancy and Black Swamp Bird Observatory are being represented by the public interest environmental law firm Eubanks & Associates, LLC.
ABC thanks the Leon Levy Foundation for its support of ABC's Bird-Smart Wind Energy Program.
Constructing turbines in the proposed project site would pose substantial collision risks to the enormous numbers of birds that use the area throughout the year, including large concentrations of migrating songbirds, as well as Common Loons, globally significant populations of Red-breasted Mergansers, and other waterfowl. Further, construction and increased vessel traffic associated with the project could pollute the waters used by these species. Despite this, the agencies have failed to adequately evaluate environmental impacts and reasonable alternatives that would reduce the project's impacts.
“We regret that legal action is our only recourse,” said Mike Parr, ABC's President. “The agencies did not give this project the careful evaluation it requires under applicable environmental laws. In addition, American tax dollars are paying for more than a third of the project cost – but a Norwegian corporation is in partnership with the nonprofit project implementer, LEEDCo. Why are U.S. taxpayer dollars supporting this in the first place? Migratory birds are a common good of the American people,” Parr added. “The government has a duty to protect them more than international business interests.”
If approved, Icebreaker would be the first offshore wind facility in the Great Lakes and only the second in the United States. The site selected by the developer, the Central Basin of Lake Erie, is within a National Audubon Society-designated Global Important Bird Area that draws millions of birds annually. Radar studies conducted by the U.S. Fish and Wildlife Service (USFWS) have recorded large numbers of migratory birds and bats near Great Lakes shorelines, including Lake Erie's south shore. Many were flying at altitudes that would be within the rotor-swept area of wind turbines, making these birds susceptible to collision-related deaths, injuries, and disturbances.
The Kirtland's Warbler is one such species. After more than 50 years on the endangered species list, this species has just been delisted and added to the list of successes under the Endangered Species Act. “Many agencies, NGOs, and other partners have worked for decades to see the Kirtland's Warbler recover from the brink of extinction,” said Joel Merriman, Director of ABC's Bird-Smart Wind Energy campaign. “We have no wish to see this undermined by an inadequately vetted energy project.”
Despite serious concerns regarding the risk of wind turbine-caused mortality and other impacts on birds, the Icebreaker proposal has moved forward over the last decade. Among other shortcomings, this precedent-setting project should have been evaluated through a comprehensive environmental impact statement (EIS) to comply with NEPA. USFWS — the agency with statutory jurisdiction and scientific expertise over U.S. bird populations — recommended that an EIS be developed, but was ignored.
“Existing data from the Ohio Department of Natural Resources shows that this area is important for huge numbers of birds,” said Kimberly Kaufman, Executive Director of BSBO. “The inadequate science provided by the applicant understates the risk. This highlights the importance of conducting a more comprehensive assessment of environmental impacts.”
Further, Icebreaker is a demonstration project. Its review and approval will be considered the benchmark for hundreds, possibly thousands, of additional turbines expected to be proposed for the Great Lakes over the coming decades. A robust cumulative impact assessment is needed to evaluate likely impacts of this larger scale of development. This would follow a similar requirement recently set for offshore wind facilities along the Eastern Seaboard.
“We need renewable energy development to combat the effects of climate change, but it needs to be done right,” said Merriman. “We must ensure that we're not creating new problems in the process by building turbines in high-risk areas for birds. This precedent-setting project needs to take the proper steps to demonstrate that the benefits outweigh the risks.”
The complaint seeks to require that the U.S. Department of Energy complete an EIS and comprehensive cumulative impacts assessment, and that both agencies complete a legally adequate alternatives analysis.
“Data published in September showed that North America has already lost around 29 percent of its bird population,” said Parr. “This project is an example of how birds are routinely ignored when business decisions are involved. Since birds are a public good, and taxpayer dollars are involved in benefiting a private company in this case, the agencies should be doing a much better job here.”
American Bird Conservancy and Black Swamp Bird Observatory are being represented by the public interest environmental law firm Eubanks & Associates, LLC.
ABC thanks the Leon Levy Foundation for its support of ABC's Bird-Smart Wind Energy Program.
###
American Bird Conservancy is a nonprofit organization dedicated to conserving birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and Twitter (@ABCbirds).
Black Swamp Bird Observatory is a 501(c)(3) not-for-profit whose mission is to inspire the appreciation, enjoyment, and conservation of birds and their habitats through research, education, and outreach.
American Bird Conservancy is a nonprofit organization dedicated to conserving birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and Twitter (@ABCbirds).
Black Swamp Bird Observatory is a 501(c)(3) not-for-profit whose mission is to inspire the appreciation, enjoyment, and conservation of birds and their habitats through research, education, and outreach.
Click above to donate with PayPal, call our office at 419-898-4070 to pay over the phone, or mail a check to:
13551 W. State Route 2
Oak Harbor, OH 43449
13551 W. State Route 2
Oak Harbor, OH 43449
July 2018
BSBO TESTIFIES AT OHIO POWER SITING BOARD MEETING REGARDING ICEBREAKER PROJECT
On July 19, 2018 BSBO representatives Mark Shieldcastle, Research Director, and Don Bauman, Conservation Committee Chair, gave testimony before the Ohio Power Siting Board in Cleveland outlining our objections to the proposed Icebreaker Wind Power project. Icebreaker is being proposed as a demonstration project of six wind turbines to be located seven miles offshore of Cleveland in the waters of Lake Erie. It is managed by the joint efforts of LEEDCo, Inc., a USA development company, and Fred.Olsen Renewables, a USA subsidiary of the large Norwegian company Fred.Olsen.
The proposed site of this project is designated as a Globally Important Bird Area by National Audubon Society due to the fact that over 300 species of birds, totaling over a million birds per year, use the area for migration and foraging habitat every year. The proposed turbines present significant threat to those birds. Further, while the project is said to consist of merely six turbines, the further build-out of over 1,400 turbines on the USA side, and 1,250 turbines on the Canadian side have been suggested, pending the results from this “demonstration” project.
During testimony, Don presented our position and objections to the project, while Mark presented arguments against the project based on sound ecological science. To read these comments as they were presented to the OPSB CLICK HERE.
BSBO TESTIFIES AT OHIO POWER SITING BOARD MEETING REGARDING ICEBREAKER PROJECT
On July 19, 2018 BSBO representatives Mark Shieldcastle, Research Director, and Don Bauman, Conservation Committee Chair, gave testimony before the Ohio Power Siting Board in Cleveland outlining our objections to the proposed Icebreaker Wind Power project. Icebreaker is being proposed as a demonstration project of six wind turbines to be located seven miles offshore of Cleveland in the waters of Lake Erie. It is managed by the joint efforts of LEEDCo, Inc., a USA development company, and Fred.Olsen Renewables, a USA subsidiary of the large Norwegian company Fred.Olsen.
The proposed site of this project is designated as a Globally Important Bird Area by National Audubon Society due to the fact that over 300 species of birds, totaling over a million birds per year, use the area for migration and foraging habitat every year. The proposed turbines present significant threat to those birds. Further, while the project is said to consist of merely six turbines, the further build-out of over 1,400 turbines on the USA side, and 1,250 turbines on the Canadian side have been suggested, pending the results from this “demonstration” project.
During testimony, Don presented our position and objections to the project, while Mark presented arguments against the project based on sound ecological science. To read these comments as they were presented to the OPSB CLICK HERE.
WIND ENERGY PROJECTS BSBO IS MONITORING
LEEDCO'S ICEBREAKER PROJECT OFF THE COAST OF CLEVELAND
November 2017
BSBO PROVIDES CRITICAL TESTIMONY ON LEEDCO ICEBREAKER PROJECT
BSBO testified at the November 8 public hearing for the LEEDCo Icebreaker project proposed for Lake Erie waters offshore from Cleveland, right smack in a Globally Important Bird Area.
Among other serious concerns, BSBO's statement pointed out many flaws in the Department of Energy's Environmental Assessment for the LEEDCo Icebreaker project. Read our statement here and expanded written comments here. We are not alone in our concerns.
The U.S. Fish and Wildlife Service agreed with nearly all of the red flags BSBO and ABC raised about this latest EA. Read their review here
BSBO PROVIDES CRITICAL TESTIMONY ON LEEDCO ICEBREAKER PROJECT
BSBO testified at the November 8 public hearing for the LEEDCo Icebreaker project proposed for Lake Erie waters offshore from Cleveland, right smack in a Globally Important Bird Area.
Among other serious concerns, BSBO's statement pointed out many flaws in the Department of Energy's Environmental Assessment for the LEEDCo Icebreaker project. Read our statement here and expanded written comments here. We are not alone in our concerns.
The U.S. Fish and Wildlife Service agreed with nearly all of the red flags BSBO and ABC raised about this latest EA. Read their review here
October 2017
BSBO AND ABC SUBMIT EXTENSIVE REVIEW OF THE LEEDCO ICEBREAKER WIND PROJECT'S ENVIRONMENTAL ASSESSMENT
BSBO and our partners at American Bird Conservancy have completed an extensive review of the Department of Energy’s (DOE) Environmental Assessment (EA) for Icebreaker, the proposed project to place wind turbines in Lake Erie off of Cleveland. It is our opinion that the EA and its supporting documents fail to provide evidence of low risk for birds and bats in the region.
Based on more than 30 years of studies of songbirds, raptors, and shorebirds in northern Ohio, we believe that this project poses a significant threat to migratory birds (including endangered species) and to migratory bats crossing Lake Erie.
Each section below contains additional comments and documents. The first tab contains a summary of BSBO's and ABC's comments, as well as a link to the complete document. The second tab contains the full text of the environmental assessment as well as relevant appendices.
The final tab includes a template for a letter you can send to voice your support of BSBO and ABC's comments. The public comment period ends 10 October for the DOE and 13 October for the U.S. Army Corps of Engineers.We encourage you to write your own letter in your own voice, to add a personal touch. Feel free to use our template text to get started.
BSBO AND ABC SUBMIT EXTENSIVE REVIEW OF THE LEEDCO ICEBREAKER WIND PROJECT'S ENVIRONMENTAL ASSESSMENT
BSBO and our partners at American Bird Conservancy have completed an extensive review of the Department of Energy’s (DOE) Environmental Assessment (EA) for Icebreaker, the proposed project to place wind turbines in Lake Erie off of Cleveland. It is our opinion that the EA and its supporting documents fail to provide evidence of low risk for birds and bats in the region.
Based on more than 30 years of studies of songbirds, raptors, and shorebirds in northern Ohio, we believe that this project poses a significant threat to migratory birds (including endangered species) and to migratory bats crossing Lake Erie.
Each section below contains additional comments and documents. The first tab contains a summary of BSBO's and ABC's comments, as well as a link to the complete document. The second tab contains the full text of the environmental assessment as well as relevant appendices.
The final tab includes a template for a letter you can send to voice your support of BSBO and ABC's comments. The public comment period ends 10 October for the DOE and 13 October for the U.S. Army Corps of Engineers.We encourage you to write your own letter in your own voice, to add a personal touch. Feel free to use our template text to get started.
comments from bsbo and abc
EA 2045 - BSBO's and ABC's Comments
The above link will allow you to download the complete document with our comments. While we encourage you to read the complete comments, the main points can be briefly summarized. While our comments touch on myriad inadequacies, we highlight five major concerns to support our position that Icebreaker and the DOE should complete a more detailed Environmental Impact Statement rather than a cursory EA to meet National Environmental Policy Act (NEPA) requirements. In no special order:
1) – Lack of scientific rigor and integrity
The EA uses inadequate, inappropriate, and questionably interpreted studies to support its planned finding of no significance and low risk to birds and bats. Three studies composes the background for their conclusions and our presented in the EA Appendices J,K, and L located.
2) – Kirtland’s Warbler
The EA dismisses any threat to the endangered Kirtland’s Warbler by citing dated materials and ignoring new data from transmittered birds that indicate the fall migration of this species utilizes the airspaces of Central Lake Erie almost exclusively. This new data suggest that the entire world population of this species could be at risk. In fact, the EA refers to a newspaper article for its scientific support of Cleveland area sightings 1970 to 2004 rather than any scientific literature documents.
3) – Globally Important Bird Area (IBA)
The Ohio waters of the Central Basin of Lake Erie have been registered with Bird Life International and the National Audubon Society as a globally significant area for birds. Nearly half the world population of Red-breasted Merganser has been counted in this Global IBA at one time. In addition, globally significant concentrations of Bonaparte’s Gull, and Ring-billed Gull have been documented. The Global IBA designation should meet automatic triggers for an EIS.
4) – Cumulative Effects
The EA denied knowledge of known or planned similar projects that could result in cumulative effects on birds and bats, a risk analysis that is required by NEPA. This proclamation was made in spite of the public admission by LEEDCo and the funder Fred Olsen LLC on planning and projecting thousands of turbines in Lake Erie and the public announcement that Ontario has placed all open water wind facilities in Lake Erie in a moratorium until Icebreaker is decided. These constitute a known series of planned projects.
5) – Failure to meet NEPA requirements
Completion of NEPA requirements is a condition of initiation of this project and to permit federal funding. Each of the above bullets represents lack of compliance of NEPA.
The above link will allow you to download the complete document with our comments. While we encourage you to read the complete comments, the main points can be briefly summarized. While our comments touch on myriad inadequacies, we highlight five major concerns to support our position that Icebreaker and the DOE should complete a more detailed Environmental Impact Statement rather than a cursory EA to meet National Environmental Policy Act (NEPA) requirements. In no special order:
1) – Lack of scientific rigor and integrity
The EA uses inadequate, inappropriate, and questionably interpreted studies to support its planned finding of no significance and low risk to birds and bats. Three studies composes the background for their conclusions and our presented in the EA Appendices J,K, and L located.
2) – Kirtland’s Warbler
The EA dismisses any threat to the endangered Kirtland’s Warbler by citing dated materials and ignoring new data from transmittered birds that indicate the fall migration of this species utilizes the airspaces of Central Lake Erie almost exclusively. This new data suggest that the entire world population of this species could be at risk. In fact, the EA refers to a newspaper article for its scientific support of Cleveland area sightings 1970 to 2004 rather than any scientific literature documents.
3) – Globally Important Bird Area (IBA)
The Ohio waters of the Central Basin of Lake Erie have been registered with Bird Life International and the National Audubon Society as a globally significant area for birds. Nearly half the world population of Red-breasted Merganser has been counted in this Global IBA at one time. In addition, globally significant concentrations of Bonaparte’s Gull, and Ring-billed Gull have been documented. The Global IBA designation should meet automatic triggers for an EIS.
4) – Cumulative Effects
The EA denied knowledge of known or planned similar projects that could result in cumulative effects on birds and bats, a risk analysis that is required by NEPA. This proclamation was made in spite of the public admission by LEEDCo and the funder Fred Olsen LLC on planning and projecting thousands of turbines in Lake Erie and the public announcement that Ontario has placed all open water wind facilities in Lake Erie in a moratorium until Icebreaker is decided. These constitute a known series of planned projects.
5) – Failure to meet NEPA requirements
Completion of NEPA requirements is a condition of initiation of this project and to permit federal funding. Each of the above bullets represents lack of compliance of NEPA.
environmental assessment
The following four links allow you to download and read the draft of the environmental assessment, as well as the three relevant appendices. Be aware that these files (especially the draft EA file) are rather large, so they may take a few minutes to load.
EA 2045 - Draft Environmental Assessment
EA 2045 - Appendix J
EA 2045 - Appendix K
EA 2045 - Appendix L
EA 2045 - Draft Environmental Assessment
EA 2045 - Appendix J
EA 2045 - Appendix K
EA 2045 - Appendix L
how you can help: write your own letter, or use our template (click here)
Please copy and paste the template letter below into a new text document. We think these letters will be most impactful if you take a few moments to personalize the letter and add your own voice and comments. Please print and sign two copies of your letter, and mail them to the addresses below.
Subject: Environmental Assessment LEEDCo Project Icebreaker Lake Erie, City of Cleveland, Cuyahoga County, Ohio
Buffalo District U.S. Army Corps of Engineers
Regulatory Branch
ATTN: Joseph W. Krawczyk
1776 Niagara Street
Buffalo, NY 14207-3199
U.S. Department of Energy
Golden Field office, NEPA Division
15013 Denver West Parkway
Golden, CO 80401
To Whom It May Concern:
I have read Black Swamp Bird Observatory’s (BSBO) and American Bird Conservancy’s (ABC) review of the Draft Environmental Assessment of the Icebreaker Project offshore of Cleveland, Ohio. BSBO, ABC, and critical wildlife agencies, including the U.S. Fish & Wildlife Service and Ohio Department of Natural Resources, have identified considerable failures in background supporting studies concerning risk to migratory birds, including federally endangered species such as Kirtland's Warbler, the recently de-listed Bald Eagle, and various migratory bats. The National Audubon Society also lists this area as a Globally Important Bird Area.
There are ample warnings that wind turbines in Lake Erie pose an unacceptable, high-level threat for birds. I urge that you complete a more intensive Environmental Impact Statement based on sound scientific studies to more clearly identify the true risk to these public trust resources. Wind is an important tool in our arsenal to combat climate change and build a clean energy future for our country -- but there are places where wind development is simply incompatible with other important natural resources.
Thank you for your consideration of my concerns.
Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]
Subject: Environmental Assessment LEEDCo Project Icebreaker Lake Erie, City of Cleveland, Cuyahoga County, Ohio
Buffalo District U.S. Army Corps of Engineers
Regulatory Branch
ATTN: Joseph W. Krawczyk
1776 Niagara Street
Buffalo, NY 14207-3199
U.S. Department of Energy
Golden Field office, NEPA Division
15013 Denver West Parkway
Golden, CO 80401
To Whom It May Concern:
I have read Black Swamp Bird Observatory’s (BSBO) and American Bird Conservancy’s (ABC) review of the Draft Environmental Assessment of the Icebreaker Project offshore of Cleveland, Ohio. BSBO, ABC, and critical wildlife agencies, including the U.S. Fish & Wildlife Service and Ohio Department of Natural Resources, have identified considerable failures in background supporting studies concerning risk to migratory birds, including federally endangered species such as Kirtland's Warbler, the recently de-listed Bald Eagle, and various migratory bats. The National Audubon Society also lists this area as a Globally Important Bird Area.
There are ample warnings that wind turbines in Lake Erie pose an unacceptable, high-level threat for birds. I urge that you complete a more intensive Environmental Impact Statement based on sound scientific studies to more clearly identify the true risk to these public trust resources. Wind is an important tool in our arsenal to combat climate change and build a clean energy future for our country -- but there are places where wind development is simply incompatible with other important natural resources.
Thank you for your consideration of my concerns.
Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]
October 2017 Update:
Click the links below to read each document related to this case:
EA 2045 - Draft Environmental Assessment
EA 2045 - Appendix J
EA 2045 - Appendix K
EA 2045 - Appendix L
EA 2045 - BSBO's and ABC's Comments
EA 2045 - Appendix J
EA 2045 - Appendix K
EA 2045 - Appendix L
EA 2045 - BSBO's and ABC's Comments
October, 2016 UPDATE: BSBO and American Bird Conservancy submitted the following comments on LEEDCo's Icebreaker project scoping.
Icebreaker, the initial project of what is proposed to be more than 1,700 industrial-scale wind turbines, would install six industrial-scale wind turbines eight miles northwest of Cleveland in the open waters of Lake Erie. In 2014, BSBO partnered with American Bird Conservancy (ABC) to submit a letter of concern about this project to the Ohio Power Siting Board. More recently, we renewed out opposition in a follow up letter to OPSB. Once word got out that we'd done so, LEEDCo reached out to BSBO and ABC with a request to evaluate a White Paper the company had drafted about the environmental impacts of their proposed project. BSBO and ABC found numerous flaws and inefficiencies in the paper. Read our evaluation of the paper, HERE.
The Ohio Power Siting Board also rejected the Icebreaker proposal citing 14 inefficiencies. Read the OPSB letter to LEEDCo, HERE.
The Ohio Power Siting Board also rejected the Icebreaker proposal citing 14 inefficiencies. Read the OPSB letter to LEEDCo, HERE.
IBERDROLA RENEWABLES BLUE CREEK WIND FACILITY IN VAN WERT AND PAULDING COUNTIES, OH
June, 2016: UPDATE
Iberdrola File Court Injunction to Prevent Ohio Department of Natural Resources From Turning Bird and Bat Kill Data
Iberdrola File Court Injunction to Prevent Ohio Department of Natural Resources From Turning Bird and Bat Kill Data
After months of requesting and receiving extensions on the initial April 1 deadline, Iberdrola has filed an official court injunction to prevent Ohio Department of Natural Resources Division of Wildlife from turning over the Blue Creek Wind Facilities Post-construction bird and bat kill data.
Read the official complaint HERE.
Read the official complaint HERE.
Read responses to the lawsuit from Ohio Power Siting Board, HERE and Ohio Department of Natural Resources, HERE.
Damning Evidence of the Number of Bats Being Killed at Blue Creek Hidden in the Midwest Wind Energy Multi-Species Habitat Conservation Plan
Published in the Federal Register on August 30, 2012, the draft Midwest Wind Energy Multi-Species Habitat Conservation Plan. The proposed purpose is to provide for a more comprehensive and coordinated process and program for the avoidance, minimization and mitigation of impacts of wind energy development on the Covered Species in the Plan Area.
Within the 587 page document, were tables listing the number of bat fatalities at wind facilities. Take a look at these. We know that Blue Creek killed an Indiana Bat, as that is part of the public record. So, by powers of deduction, we know that the facilities listed as "Template 1" and "Template 20" (highlighted in yellow) represent Blue Creek. Compare the number of bats killed there to all the others listed. The numbers are staggering.
Published in the Federal Register on August 30, 2012, the draft Midwest Wind Energy Multi-Species Habitat Conservation Plan. The proposed purpose is to provide for a more comprehensive and coordinated process and program for the avoidance, minimization and mitigation of impacts of wind energy development on the Covered Species in the Plan Area.
Within the 587 page document, were tables listing the number of bat fatalities at wind facilities. Take a look at these. We know that Blue Creek killed an Indiana Bat, as that is part of the public record. So, by powers of deduction, we know that the facilities listed as "Template 1" and "Template 20" (highlighted in yellow) represent Blue Creek. Compare the number of bats killed there to all the others listed. The numbers are staggering.
March, 2016: UPDATE
BSBO’s battle for the post-construction mortality data from the Blue Creek facility has now entered its third year. While the company refuses to submit data to us (citing “trade secrets”), in a 2014 meeting with IR executives, they informed us that the facility killed 40 species of birds in 2012, and 41 species in 2013. We have no idea how many total birds were killed, nor do we know the search methodology.
While U.S. Fish and Wildlife Service sided with IR on our Freedom of Information Act request, Ohio Department of Natural Resources (ODNR) has continued to press IR to allow them to release the data to us. On March 18, 2016, ODNR attorneys sent a letter to IR informing the company that they had just two weeks to file an injunction, or ODNR would release the data to us.
BSBO’s battle for the post-construction mortality data from the Blue Creek facility has now entered its third year. While the company refuses to submit data to us (citing “trade secrets”), in a 2014 meeting with IR executives, they informed us that the facility killed 40 species of birds in 2012, and 41 species in 2013. We have no idea how many total birds were killed, nor do we know the search methodology.
While U.S. Fish and Wildlife Service sided with IR on our Freedom of Information Act request, Ohio Department of Natural Resources (ODNR) has continued to press IR to allow them to release the data to us. On March 18, 2016, ODNR attorneys sent a letter to IR informing the company that they had just two weeks to file an injunction, or ODNR would release the data to us.
Here in Ohio, some environmental organizations are promoting the Blue Creek Wind Farm--Ohio's largest--as an amazing success story. They are putting a great deal of resources into their promotion of this wind farm, with slick videos, social media campaigns, etc. But here's something very important to consider.
Environmental organizations are promoting Ohio's largest wind farm with absolutely no idea what the operation's post-construction bird / bat mortality studies show. Why, you might ask. Because the company refuses to release the data. BSBO been fighting them for this data through the legal system for nearly two years, and they have refused to turn over the data citing "trade secrets." Right now, the take home message in Ohio is that birds and bats don't matter, and that we don't need to assess post-construction monitoring data to evaluate the impact to wildlife before we declare 150+ massive machines on our landscape an unqualified success for the environment.
Ohio, we have some work to do.
On January 7th, members of the BSBO staff met with representatives from Iberdrola and the Ohio Division of Wildlife to discuss the data they've refused to release. ODNR and BSBO attorneys attended the meeting, as well. The company continues to refuse to release the data; however, they were willing to share limited information from the post-construction mortality studies. Even with a limited view, the results were shocking.
In this wide-open, barren landscape, where we would have speculated birds would be safe. Quite frankly, we were shocked at the results.
2012
2013
Summary
Environmental organizations are promoting Ohio's largest wind farm with absolutely no idea what the operation's post-construction bird / bat mortality studies show. Why, you might ask. Because the company refuses to release the data. BSBO been fighting them for this data through the legal system for nearly two years, and they have refused to turn over the data citing "trade secrets." Right now, the take home message in Ohio is that birds and bats don't matter, and that we don't need to assess post-construction monitoring data to evaluate the impact to wildlife before we declare 150+ massive machines on our landscape an unqualified success for the environment.
Ohio, we have some work to do.
On January 7th, members of the BSBO staff met with representatives from Iberdrola and the Ohio Division of Wildlife to discuss the data they've refused to release. ODNR and BSBO attorneys attended the meeting, as well. The company continues to refuse to release the data; however, they were willing to share limited information from the post-construction mortality studies. Even with a limited view, the results were shocking.
In this wide-open, barren landscape, where we would have speculated birds would be safe. Quite frankly, we were shocked at the results.
2012
- 40 species were killed at the facility
- In 2012, Horned Lark and Killdeer were the top two birds killed at the facility (and their surveys only ran from April 1 - November 15, outside the time when Horned Larks would be most vulnerable)
- Of the species presented to us from the studies, we estimate 30% of mortality represented migratory birds. Meaning, these turbines are high enough to be in the active flight path of birds migrating over the open areas in western Ohio.
2013
- 41 species were killed in 2013
- In 2013, Horned Lark, Golden-crowned Kinglet, and Killdeer were the most frequent birds killed at the facility
- And in 2013, at least 35% were migratory species.
Summary
- Among the birds killed by the project were Golden-winged, Black-throated Blue, and Black-and-white Warblers, Philadelphia Vireo, Sora, and Semipalmated Sandpiper
- Lapland Longspur and American Tree Sparrow were also included on the mortality list, and this is without any winter surveys conducted, the time when these species would be in flocks and most vulnerable.
- When we asked about bat mortality, the response from Iberdrola was “Bats were more prevalent than birds.”
EDP RENEWABLES TIMBER ROAD FACILITY IN VAN WERT AND PAULDING COUNTIES
Not far from Blue Creek, the 99-turbine Timber Road wind energy facility has been in the news recently as Amazon has committed to purchase energy from this facility to power several new data centers they intend to build in central Ohio. Their commitment to purchase the power will result in a major expansion of this wind energy facility to add an additional 45 turbines. BSBO has submitted requests to both state and federal wildlife agencies for post-construction mortality data for this facility, as well as a letter request for the data sent directly to EDP Renewables.
Our motivation for pursuing the data is this: the Camp Perry turbine is presented as an “exploratory project” to determine the impact on turbines to birds – with the end goal of paving the way for utility scale wind energy development on the Lake Erie shoreline in NW Ohio. If we have the Blue Creek and Timber Road mortality data in-hand, we can prove that we don’t need exploratory wind energy projects directly on the Lake shore to know what impact turbines will have on birds. If turbines in the flat, open interior of the state are killing a lot of migratory birds, then one can safely draw the conclusion that turbines here in NW Ohio--on one of the major migratory bird routes on the continent--would be disastrous.
BSBO has been pursuing the post-construction mortality data from Blue Creek--and now Timber Road--to show that, if this facility in the flattest, most open area of Ohio is killing a lot of birds and bats, it’s a clear indication of how many birds utility scale wind would kill in an area like the Western Lake Erie Basin.
Our motivation for pursuing the data is this: the Camp Perry turbine is presented as an “exploratory project” to determine the impact on turbines to birds – with the end goal of paving the way for utility scale wind energy development on the Lake Erie shoreline in NW Ohio. If we have the Blue Creek and Timber Road mortality data in-hand, we can prove that we don’t need exploratory wind energy projects directly on the Lake shore to know what impact turbines will have on birds. If turbines in the flat, open interior of the state are killing a lot of migratory birds, then one can safely draw the conclusion that turbines here in NW Ohio--on one of the major migratory bird routes on the continent--would be disastrous.
BSBO has been pursuing the post-construction mortality data from Blue Creek--and now Timber Road--to show that, if this facility in the flattest, most open area of Ohio is killing a lot of birds and bats, it’s a clear indication of how many birds utility scale wind would kill in an area like the Western Lake Erie Basin.
camp perry air national guard
Organizations, Businesses, and Local Attractions that join BSBO in opposing the Camp Perry Wind Turbine
American Bird Conservancy, Ducks Unlimited, Ohio Conservation Federation, National Audubon Society, American Birding Association, Ohio Ornithological Society, Lake Erie Charter Boat Association, Lucas County Commissioners, Destination Toledo, Toledo Mudhens, Toledo Museum of Art, Toledo Zoo, Maumee Bay Brewery, Imagination Station, Friends of Magee Marsh, Friends of Ottawa National Wildlife Refuge.
WHY IS THIS AN ISSUE?
The Lake Erie Marsh Region is recognized as a Globally Important Bird Area, providing crucial habitat for migratory birds. The area is home to a large number of breeding Bald Eagles. Huge numbers of migratory songbirds, shorebirds, and waterfowl stop here to feed and rest every spring and fall during their long-distance migrations. Visiting birders travel to this region of northwest Ohio to observe and enjoy this spectacle, bringing millions of dollars to these lake shore communities.
HOW CAN THIS HAPPEN?
There are currently NO regulations regarding proper siting of wind turbines. All guidelines are voluntary. Only local level zoning can dictate policy and many local officials are completely unaware of the massive bird migration that takes place in northwest Ohio, the globally important stopover habitat that is essential to the survival of migratory birds, or the significant economic impact generated by tens of thousands of visiting bird watchers each year.
Most citizens assume that the wildlife agencies can protect sensitive ecological areas from wind energy development: THEY CAN'T. The wildlife agencies have no regulatory authority over wind energy development. The objections of wildlife agencies cannot prevent turbines from going up - even in the most bird-sensitive areas.
Most citizens assume that the wildlife agencies can protect sensitive ecological areas from wind energy development: THEY CAN'T. The wildlife agencies have no regulatory authority over wind energy development. The objections of wildlife agencies cannot prevent turbines from going up - even in the most bird-sensitive areas.
HAS ANY RESEARCH BEEN DONE ON THE EFFECTS OF WIND TURBINES ON MIGRATORY BIRDS?
Yes. However, most of these studies have been conducted in areas where birds are in active migration, flying at heights above the reach of the turbines. Stopover habitat changes the entire equation because birds are dropping in and taking off in these areas. In other words, if a commercial jetliner’s cruising altitude is 30,000 feet, you still wouldn’t put wind turbines at the end of the runway. Moreover, the birds are generally arriving and departing during predawn or dusk, when visibility is poor and obstacles present the greatest threat.
What can YOU do to help?
1) Sign up to receive conservation action alerts (Subscribe in the green box at the top of this page)
2) Write letters to let elected officials know you object to wind energy development in bird-sensitive areas!
Congresswoman Marcy Kaptur
One Maritime Plaza - Sixth Floor
Toledo, OH 43604
(800) 964-4699 - Tel: (419) 259-7500
Fax: (419) 255-9623
Email electronic form:
http://www.kaptur.house.gov/index.php?option=com_content
You can also post a comment on Kaptur's facebook page, here:http://www.facebook.com/pages/Marcy-Kaptur/6225522279
Senator Rob Portman
37 West Broad Street, Room 300
Columbus, OH 43215
Phone: 614-469-6774
Toll-Free: 1-800-205-6446 (OHIO)
Email electronic form: https://www.portman.senate.gov/public/index.cfm/contact-form
Senator Sherrod Brown
200 North High St.
Room 614
Columbus, OH 43215
Phone: 614-469-2083
Fax: 614-469-2171
Toll Free: 1-888-896-OHIO (6446)
Email electronic form: http://www.brown.senate.gov/contact
Senator Randy Gardner
Senate Building
1 Capitol Square, 2nd Floor
Columbus, OH 43215
Phone: 614- 466-8060
Email electronic form: http://www.ohiosenate.gov/gardner/contact
3) Make a donation to support BSBO's efforts to protect bird habitat. (Please make a general donation using this button and indicating "Responsible Wind Energy" in the comments section.)
2) Write letters to let elected officials know you object to wind energy development in bird-sensitive areas!
Congresswoman Marcy Kaptur
One Maritime Plaza - Sixth Floor
Toledo, OH 43604
(800) 964-4699 - Tel: (419) 259-7500
Fax: (419) 255-9623
Email electronic form:
http://www.kaptur.house.gov/index.php?option=com_content
You can also post a comment on Kaptur's facebook page, here:http://www.facebook.com/pages/Marcy-Kaptur/6225522279
Senator Rob Portman
37 West Broad Street, Room 300
Columbus, OH 43215
Phone: 614-469-6774
Toll-Free: 1-800-205-6446 (OHIO)
Email electronic form: https://www.portman.senate.gov/public/index.cfm/contact-form
Senator Sherrod Brown
200 North High St.
Room 614
Columbus, OH 43215
Phone: 614-469-2083
Fax: 614-469-2171
Toll Free: 1-888-896-OHIO (6446)
Email electronic form: http://www.brown.senate.gov/contact
Senator Randy Gardner
Senate Building
1 Capitol Square, 2nd Floor
Columbus, OH 43215
Phone: 614- 466-8060
Email electronic form: http://www.ohiosenate.gov/gardner/contact
3) Make a donation to support BSBO's efforts to protect bird habitat. (Please make a general donation using this button and indicating "Responsible Wind Energy" in the comments section.)
RECENT U.S. FISH AND WILDLIFE RADAR STUDY
The newly released FWS radar study on the south shore of Lake Erie (Horton et al. 2016) clearly shows that vast numbers of birds and bats move through this area in Spring and Fall each year within 5 miles of the lake shore. It also shows that migrating birds frequently descend to lower altitudes and move within the rotor sweep range of wind turbines, thus increasing the probability of collisions. The authors conclude: “high numbers of nighttime migrants may be at risk of collision with wind facilities, communication towers and other tall structures located along the shorelines of Lake Erie” (p. 41). Read the study HERE.
CURRENT GREAT LAKES WIND ENERGY - VOLUNTARY GUIDELINES
the Nature Conservancy
Great Lakes Commission
ASSOCIATED ISSUE DOCUMENT ARCHIVE
midwest multi-species habitat conservation plan
eagle permits
Climate Change, Wind Energy, and Conservation A Survey of Conflicting Issues:
a white paper by BSBO Conservation COmmittee Member, Don Bauman
a white paper by BSBO Conservation COmmittee Member, Don Bauman
There is a multiplicity of program offerings by many groups which intend to contribute to the remediation and mitigation of climate change. This multiplicity brings into play a very real problem of its own: the lack of concerted and coordinated action among the groups. The actions and planning by these groups are neither on the same track, nor do they seem to share common goals. Some of these groups are the US Department of Energy, the US Fish & Wildlife Service, the American Wind Energy Association, the American Bird Conservancy, and the National Audubon Society to name just a very few. It is the purpose of this paper to bring together a “state of the art” description of the wind energy efforts, and to relate how they are often at odds with each other, particularly with respect to the conservation of habitat and wildlife species and the mitigation of climate change.
One approach to mitigate climate change is the transformation of the energy industry toward renewable energy generation of electricity, specifically going from traditional coal-fired generation to wind energy generation. There are a number of problems that have arisen from this course of action: (1) the lack of coordination among agencies and business groups responsible for siting, installing and operating wind farms; (2) the lack of public understanding of the consequences of installing a wind farm consisting of many turbines as compared to a small number of turbines; (3) the lack of environmental regulatory authority over the businesses installing wind farms; (4) a general lack of understanding of the true nature of the environmental impact of wind farms, both to humans and other species, particularly birds and bats; and (5) most fundamentally, the unabashed lack of environmental care or concern on the part of some wind farm businesses, as if somehow a wind farm were inherently good for the planet no matter what.
Red the full White Paper HERE.
One approach to mitigate climate change is the transformation of the energy industry toward renewable energy generation of electricity, specifically going from traditional coal-fired generation to wind energy generation. There are a number of problems that have arisen from this course of action: (1) the lack of coordination among agencies and business groups responsible for siting, installing and operating wind farms; (2) the lack of public understanding of the consequences of installing a wind farm consisting of many turbines as compared to a small number of turbines; (3) the lack of environmental regulatory authority over the businesses installing wind farms; (4) a general lack of understanding of the true nature of the environmental impact of wind farms, both to humans and other species, particularly birds and bats; and (5) most fundamentally, the unabashed lack of environmental care or concern on the part of some wind farm businesses, as if somehow a wind farm were inherently good for the planet no matter what.
Red the full White Paper HERE.
THE NATURE CONSERVANCY GREAT LAKES WIND ENERGY GUIDELINES
The Nature Conservancy, a well respected organization that pursues non-confrontational, pragmatic solutions to conservation challenges by partnering with, among others, businesses and governments, recently released Great Lakes specific guidelines for the siting and operation of wind energy systems in the Great Lakes region, which were developed in the context of the specific species and systems of the Great Lakes region. Ewert, D.N., J.B. Cole, and E. Grman. 2011. Wind energy: Great Lakes regional guidelines. The Nature Conservancy, Lansing, Michigan (hereinafter “Great Lakes Guidelines”) available HERE.
Scientific research and analysis by The Nature Conservancy in Ohio and Michigan supports a recommendation against commercial wind energy development within 5 miles of Great Lakes shorelines until adequate radar studies and surveys can be conducted in the coming years. The common scientific rationale for both sets of guidance is the fact that many of most critical stopover habitats and designated Important Bird Areas (IBAs) are along the shorelines of the Great Lakes, which support large numbers of migratory birds.
Among other things, the Great Lakes Guidelines provide a list of “Sites That May Be Suitable for Siting of Wind Turbines.” Suitable areas for wind energy development may include:
Scientific research and analysis by The Nature Conservancy in Ohio and Michigan supports a recommendation against commercial wind energy development within 5 miles of Great Lakes shorelines until adequate radar studies and surveys can be conducted in the coming years. The common scientific rationale for both sets of guidance is the fact that many of most critical stopover habitats and designated Important Bird Areas (IBAs) are along the shorelines of the Great Lakes, which support large numbers of migratory birds.
Among other things, the Great Lakes Guidelines provide a list of “Sites That May Be Suitable for Siting of Wind Turbines.” Suitable areas for wind energy development may include:
- Tilled agricultural lands distant (≥ 5 mi) from the Great Lakes waters with no known or suspected species migration stopover sites.
- Industrial lands, especially those distant (> 5 mi) from the Great Lakes waters.
- Brownfields, abandoned or underused industrial and commercial facilities and land available for re-use, especially those distant (> 5 mi) from the Great Lakes waters where birds are less likely to be concentrated.