Winter Season Avian Pre-construction Survey Technical Report

Transcription

1 SECTION 4.0 RESULTS This section of the describes the results that support the characterization and evaluation of winter bird species, including specialstatus avian species, at the proposed (LWEP; proposed project), Santa Barbara County, California. The results described in this section provide the substantial evidence required to address the scope of analysis recommended in Appendix G of the State of California Environmental Quality Act Guidelines for native resident or migratory species of wildlife, specifically avian species potentially present within the proposed project property during the winter season and associated special status and locally important avian species. 4.1 RESIDENT AND MIGRATORY AVIAN SPECIES Weather Temperatures ranged from 0 degrees Celsius (32 degrees Fahrenheit) with heavy frost on several days in early February to 18.3 degrees Celsius (65 degrees Fahrenheit) with typical temperatures ranging from 4.4 degrees Celsius (40 degrees Fahrenheit) to 12.8 degrees Celsius (55 degrees Fahrenheit). Northerly winds ranged from 2 miles per hour (mph) to over 30 mph, with generally light to moderate winds (7 15 mph); only two days had wind directions from the west and southeast. Skies were generally clear or partly cloudy on over 75 percent of the days; four days had appreciable ground fog that persisted all or most of the day, with visibility at the highest elevations sometimes reduced to 50 to 100 meters (164 to 328 feet). Two days had light precipitation (rain) Species Richness and Abundance Of the 344 species previously recorded for Vandenberg Air Force Base (VAFB), 73 avian species were recorded at the LWEP property as a result of winter avian pre-construction surveys conducted from December 2007 through March 2008 (Compendium A, Avifaunal Compendium). These 73 avian species were categorized as 39 year-round residents, 17 winter residents, and 17 winter transients (or early spring migrants). The 39 year-round residents included 4 special-status species [Species of Special Concern as designated by the California Department of Fish and Game (CDFG)] and 3 common species of interest; the 17 winter residents included 4 special-status species (Species of Special Concern as designated by the CDFG) and 2 common species of interest; the 17 winter transients included 3 special-status species (Species of Special Concern as designated by the CDFG) and 1 common species of interest. Fifty-five (55) of these 73 species had previously been recorded at the LWEP site. 40,41 An additional 18 species were reported as a result of the winter season avian pre-construction surveys: Olson, Thomas, and Katherine Rindlaub : Biological Resources. Provided to: Acciona Wind Energy USA LLC, La Jolla, CA. 41 Olson, T. 8 February : Results of Winter Bird Surveys. Unpublished. Prepared for: Acciona Wind Energy USA LLC, La Jolla, CA. 42 Of these 18 additional species reported as a result of winter season avian pre-construction surveys, two species (the long-billed curlew and the burrowing owl) were also identified as species potentially present as a result of the literature review. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-1

2 mallard (Anas platyrhynchos) greater yellowlegs (Tringa melanoleuca) long-billed curlew (Numenius americanus) Wilson s snipe (Gallinago delicata) western gull (Larus occidentalis) rock pigeon (Columba livia) band-tailed pigeon (Patagioenas fasciata) greater roadrunner (Geococcyx californianus) great horned owl (Bubo virginianus) burrowing owl (Athene cunicularia) belted kingfisher (Megaceryle alcyon) common raven (Corvus corax) tree swallow (Tachycineta bicolor) northern rough-winged swallow (Stelgidopteryx serripennis) ruby-crowned kinglet (Regulus calendula) hermit thrush (Catharus guttatus) chipping sparrow (Spizella passerina) brown-headed cowbird (Molothrus ater) These 18 new species represent 6 species of waterbirds (counting the kingfisher as a waterbird) and 12 species of landbirds. With the addition of these 18 species, the total number of avian species recorded at the LWEP property through March 2008, including species documented in the Draft Environmental Impact Report (EIR) and the two biological reports, is 91 avian species. These 91 avian species represent 38 families, with 6 families added to the list as a result of the winter season avian surveys at the LWEP property. The six new families are: Anatidae, Scolopacidae, Cuculidae, Strigidae, Alcedinidae, and Regulidae. A total of 33 species were recorded on 108 area search counts centered around 50-meter radius circles (both sampling periods combined) over 22 days from February 4 to 20 March, 2008 (Table 4.1-1, Winter Avian Species Recorded on Area Search Counts). Thirty (30) species were recorded during the first sampling period and 26 species during the second sampling period. Thus, the decrease in the number of species between sampling periods was not pronounced. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-2

3 TABLE WINTER AVIAN SPECIES RECORDED ON AREA SEARCH COUNTS All Counts Wind Turbine Corridor Count Circles (n) Number of Birds (range) Outside Wind Turbine Corridor Count Circles (n) Species Count Circles (n) Number of Birds (range) Number of Birds (range) Turkey vulture (1 3) 8 10 (1 3) 8 10 (1 2) Northern harrier N/A Red-tailed hawk 3 3 (1) 2 2 (1) 1 1 American kestrel 5 5 (1) 2 2 (1) 3 3 (1) Rock pigeon N/A Mourning dove 5 6 (1 2) 3 4 (1 2) 2 2 (1) White-throated swift N/A 1 3 Black phoebe N/A 1 1 Say s phoebe 4 4 (1) 2 2 (1) 2 2 (1) Loggerhead shrike N/A Western scrub-jay 4 6 (1 2) 2 3 (1 2) 2 3 (1 2) American crow 2 3 (1 2) Common raven 4 5 (1 2) 3 4 (1 2) 1 1 Horned lark (1 33) (1 23) 8 66 (1 33) Western bluebird 7 15 (1 5) 3 5 (1 2) 4 10 (1 5) Hermit thrush 2 2 (1) 0 N/A 2 2 (1) Wrentit N/A California thrasher 4 5 (1 2) 0 N/A 4 5 (1 2) European starling 7 47 (1 24) 5 41 (1 24) 2 6 (2 4) American pipit (1 16) 5 8 (1 4) 6 41 (1 16) Yellow-rumped 3 3 (1) 2 2 (1) 1 1 warbler Spotted towhee 3 4 (1 2) (1 2) California towhee 4 4 (1) (1) Lark sparrow 2 4 (2) Savannah sparrow (1 6) 9 18 (1 6) 7 14 (1 6) Grasshopper sparrow N/A Song sparrow N/A 1 1 Golden-crowned 6 9 (1 3) 3 6 (1 3) 3 3 (1) sparrow Western meadowlark (1 10) (1 8) 6 26 (1 10) Brewer s blackbird 7 14 (1 6) 4 5 (1 2) 3 9 (1 6) Purple finch 7 11 (1 3) 3 3 (1) 4 8 (1 3) House finch 5 5 (1) 2 2 (1) 3 3 (1) Lesser goldfinch 2 2 (1) 2 2 (1) 0 N/A Zonotrichia, spp N/A No birds Total Birds Total Number of Count Circles Mean Number of Birds per Count Circle W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-3

4 Zero to five avian species were recorded on 108 area search counts centered around 50-meter radius circles (both sampling periods combined), with the following frequencies: 0 species were observed on 16 counts (15 percent; rounded to nearest whole number), 1 species was observed on 36 counts (33 percent), 2 species were observed on 25 counts (23 percent), 3 species were observed on 22 counts (20 percent), 4 species were observed on 7 counts (6.5 percent), and 5 species were observed on 1 count (1 percent). Therefore, most counts (77 percent) had one to three species. The number of avian species recorded on 54 count circles between the two sampling periods did not change appreciably. The main difference between the two sampling periods is that the number of counts with two species was less during the first sampling period compared to the second sampling period (10 counts versus 15 counts; a proportional difference of 18.5 percent versus 28 percent), whereas the number of counts with three species was greater during the first sampling period (13 counts versus 9 counts; a proportional difference of 24 percent versus 17 percent). Thus, the decrease in the number of species at count circles between the two sampling periods was not pronounced. The horned lark was the most frequently recorded species on area search counts (25 of 108 counts, 23 percent; Table 4.1-1), followed by three other species of grassland birds [in order of decreasing frequency: western meadowlark, savannah sparrow (Passerculus sandwichensis), and American pipit]. The only other species recorded more than 10 times on area search counts was the turkey vulture (Cathartes aura). The other three raptors recorded on area search counts, in order of decreasing frequency, was American kestrel, red-tailed hawk, and northern harrier. None of these three species was recorded frequently (range: 1 percent to 5 percent). Zero (0) to 41 birds were recorded on 108 area search counts. However, zero to six birds were recorded on 94 area search counts whereas only six counts had more than 16 birds. A similar number of birds were recorded during the first sampling period (n = 256) compared to the second sampling period (n = 245). The six most numerous species on all area search counts (Table 4.1-1), in decreasing order of abundance, were: horned lark, western meadowlark, American pipit, European starling, savannah sparrow, and the turkey vulture. Only four species had individual counts of greater than six birds within count circles, in decreasing order of abundance: horned lark (n = 6; 8 33 birds), western meadowlark (Sturnella neglecta; n = 4; 8 10 birds), American pipit (n = 3; 8 16 birds), and European starling (Sturnus vulgaris; n = 2; 8 24 birds). In addition, 12 Zonotrichia sparrows were recorded on one count. The most numerous raptors were, in decreasing order of abundance, turkey vulture, red-tailed hawk, and American kestrel. No other raptors were recorded on area search counts, except for one northern harrier. The mean number of birds per count circle [within and outside of wind turbine corridors (WTCs)] was 4.64 (4.35 within WTCs). This translates to 251 birds (235 within WTCs) over all 54 count circles or 2.4 birds per acre for the entire LWEP property and 2.25 birds per acre at WTCs within non-native annual grassland and grassland-central coast shrub mosaic. This calculation assumes no movement of birds between circles overwinter, which is unlikely for mobile flocking species such as horned lark. Actual bird densities over both habitats combined (non-native annual grassland and grassland-central coast shrub mosaic) are probably less. The total number of birds observed on area search counts within WTCs (n = 270) and outside WTCs (n = 231) was fairly even (Table 4.1-1). However, the mean number of birds per count circle was greater outside of WTCs compared to within WTCs (5.02 versus 4.35; Table 4.1-1). More count circles within WTCs had no birds more frequently than count circles outside of WTCs, which contributed to this result. Sample sizes were large enough for the five most abundant grassland avian species and turkey vulture to test for differences (Chi-square tests) in expected W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-4

5 abundance within (57 percent expected frequency value) and outside of WTCs (43 percent expected frequency value). American pipits were more abundant outside of WTCs (P < 0.01), European starlings were more abundant within WTCs (P < 0.01), whereas horned larks, western meadowlarks, savannah sparrows, and turkey vultures showed no differences in abundance within WTCs or outside of WTCs (P > 0.05). There are no developed wind farms in Santa Barbara County; therefore, there is no empirical data on avian collision rates and mortality at wind farms in Santa Barbara County, California. Available data from other comparable sites in California and western North America appear to generally support the conclusion that few birds other than selected species of raptors such as golden eagle are killed at modern wind turbine farms of tubular and not lattice construction 43,44,45,46 (also see Johnson et al. 47 ), especially when compared to collision rates at other structures such as communication towers. 48,49 Wind turbines at the proposed project property are expected to be placed along or near ridge-tops, in non-native annual grassland and grassland-central coast scrub mosaic habitats. The proposed placement of most wind turbines in grassland and grassland-scrub habitats should reduce collision risk to most birds during the winter because species diversity and abundance is generally lower in these habitats compared to more complex structured habitats such as riparian woodlands and oak forests that provide more abundant shelter and sources of food. Moreover, the mean of 2.4 birds per acre (2.25 birds per acre at WTCs) within non-native annual grasslands and grassland-central coast shrub mosaic habitats where wind turbines would be operating is a low to medium population density in these habitat types during the winter in California, further reducing potential 43 Erickson, W.P., G.D. Johnson, M.D. Strickland, D.P. Young, Jr., K.J. Sernka, and R.E. Good Avian Collisions with Wind Turbines: A Summary of Existing Studies and Comparisons to Other Sources of Avian Collision Mortality in the United States. Washington, DC: National Wind Coordinating Committee. Available at: 44 National Wind Coordinating Committee. November Wind Turbine Interactions with Birds and Bats: A Summary of Research Results and Remaining Questions. Fact Sheet: Second Edition. Available at: 45 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 46 Manville, A.M., II Bird Strikes and Electrocutions at Communication Towers, Power Lines, and Wind Turbines: State of the Art and State of the Science Next Steps Toward Mitigation. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C.J. Ralph and T.D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 47 Johnson, G.D., W.P. Erickson, M.D. Strickland, M.F. Shepherd, D.A. Shepherd, and S.A. Sarappo Collision Mortality of Local and Migrant Birds at a Large-scale Wind Power Development on Buffalo Ridge, Minnesota. Wildlife Society Bulletin, 30: Kerlinger, P Avian Mortality at Communication Towers: A Review of Recent Literature, Research, and Methodology. Arlington, VA: Office of Migratory Bird Management, U.S. Fish and Wildlife Service. Available at: 49 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-5

6 collision risk to birds during winter. Therefore, it is anticipated that impacts to resident and migratory birds as a result of the implementation, operation, and maintenance of the proposed project would not be significant. In the unanticipated event that mortality exceeds those predicted by the EIR as a result of postconstruction mortality monitoring, the project proponent shall undertake adaptive mitigation to avoid and minimize incidental mortality to resident and migratory birds during operation of the proposed project. Mitigation Measures Although the proposed project is not expected to result in significant impacts to resident and migratory birds, the project developer shall consider feasible measures to avoid and minimize incidental mortality during operation, consistent with the assumptions used in the impact analysis, in the form of adaptive mitigation that specifies compensation to support the regional conservation of airborne species. The adaptive mitigation measure defines four levels of compensation measures to avoid, reduce, or compensate for mortality levels in excess of those anticipated by the EIR. 50 Such measures will be employed until sufficient reductions in mortality or off-setting benefits are achieved to demonstrate substantial conformance with the EIR analysis. The EIR anticipates that mortality to migratory birds would be equal to or less than an average of 1.85 birds per turbine per year based on reported data for other comparable projects in California, which translates into 148 bird deaths based on the construction of 80 turbines at the LWEP property The veracity of these conclusions is further supported by the low levels of migratory birds using the site within the operational zone of the turbines as a result of directed surveys during winter and spring migration of The project applicant has recommended this tiered approach for the implementation of adaptive mitigation that triggers the requirement for funding of conservation measures. The level of funding required would be directly related to the magnitude of reported postconstruction mortality rates (Table 4.1-2, Supplemental Funding of Regional Conservation Measures). TABLE SUPPLEMENTAL FUNDING OF REGIONAL CONSERVATION MEASURES Mitigation Measure: Funding of Regional Conservation Easement Level 1 Level 2 Level 3 Level 4 $25, $50, $75, $100, Threshold values would trigger the implementation of adaptive mitigation, as described below (Table 4.1-3, Threshold Values for Adaptive Mitigation for Birds). 50 CH2MHill Draft Environmental Impact Report:. Prepared for County of Santa Barbara Planning and Development Department. Available at: W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-6

7 TABLE THRESHOLD VALUES FOR ADAPTIVE MITIGATION FOR BIRDS Avian Group Deaths/Turbine/Year Total Deaths/Year (80 Turbines) Level 1 Compensatory Mitigation Threshold Special Status Avian Species Raptors Resident and Migrant Avian Species Level 2 Compensatory Mitigation Threshold Special Status Avian Species Raptors Resident and Migrant Avian Species Level 3 Compensatory Mitigation Threshold Special Status Avian Species Raptors Resident and Migrant Avian Species Level 4 Compensatory Mitigation Threshold Special Status Avian Species Raptors Resident and Migrant Avian Species Diurnal Raptors Up to seven raptor species were observed during each survey week at the LWEP property from February into early March. The number of raptors observed dropped to three to four raptor species for the survey weeks from mid to late March. The first survey on March 18 19, 2008 produced 12 turkey vultures, 6 adult red-tailed hawks, and two female American kestrels. The second survey on March produced 22 turkey vultures, 6 adult red-tailed hawks, and 1 common raven (Corvus corax). For the raptors, this translates to the number of individual raptor species per kilometer for: turkey vulture ( birds per km), red-tailed hawk (0.4 birds per km), and American kestrel (0 0.1 birds per km). There are no developed wind farms in Santa Barbara County; therefore, there is no empirical data on raptor collision rates and mortality at wind farms in Santa Barbara County, California. Available data from other comparable sites in California appear to generally support the conclusion that few raptors are killed at modern wind turbine farms of tubular and not lattice construction 51,52,53,54 (also 51 Erickson, W.P., G.D. Johnson, M.D. Strickland, D.P. Young, Jr., K.J. Sernka, and R.E. Good Avian Collisions with Wind Turbines: A Summary of Existing Studies and Comparisons to Other Sources of Avian Collision Mortality in the United States. Washington, DC: National Wind Coordinating Committee. Available at: 52 National Wind Coordinating Committee. November Wind Turbine Interactions with Birds and Bats: A Summary of Research Results and Remaining Questions. Fact Sheet: Second Edition. Available at: W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-7

8 see Johnson et al. 55 ), especially when compared to collision rates at other structures such as communication towers. 56,57 Wind turbines at the proposed project site are expected to be placed along or near ridge-tops, in non-native annual grassland and grassland-central coast scrub mosaic habitats. While it is known that some raptors in particular are concentrated along ridgelines within the proposed project property, especially diurnal raptors, such as the state-designated sensitive golden eagle and the commonly occurring red-tail hawk and American kestrel, proposed placement of most wind turbines in grassland and grassland-scrub habitats should reduce the collision risk to foraging raptors during winter. Implementation of the proposed project is not anticipated to result in significant impacts. In the unanticipated event that mortality exceeds that predicted by the EIR as a result of postconstruction mortality monitoring, the project proponent shall undertake adaptive mitigation to avoid and minimize incidental mortality to diurnal raptors during operation of the proposed project. Mitigation Measures Although the proposed project is not expected to result in significant impacts to diurnal raptors, the project developer shall consider feasible measures to avoid and minimize incidental mortality during operation, consistent with the assumptions used in the impact analysis, in the form of adaptive mitigation that specifies compensation to support the regional conservation of airborne species. The results of the winter season avian studies will be compared to the mortality rate identified in the EIR analysis. The establishment of threshold values for raptor mortality are currently in the developmental stage, and in some cases, these values are determined by public hearings or federal or state agencies. In California, thresholds for raptor mortality have not been established. An innovative approach is provided here based on the biology of raptors including general population sizes, home range, and life history data. 58 The national average for raptor death across wind farms 53 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 54 Manville, A.M., II Bird Strikes and Electrocutions at Communication Towers, Power Lines, and Wind Turbines: State of the Art and State of the Science Next Steps Toward Mitigation. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C.J. Ralph and T.D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 55 Johnson, G.D., W.P. Erickson, M.D. Strickland, M.F. Shepherd, D.A. Shepherd, and S.A. Sarappo Collision Mortality of Local and Migrant Birds at a Large-scale Wind Power Development on Buffalo Ridge, Minnesota. Wildlife Society Bulletin, 30: Kerlinger, P Avian Mortality at Communication Towers: A Review of Recent Literature, Research, and Methodology. Arlington, VA: Office of Migratory Bird Management, U.S. Fish and Wildlife Service. Available at: 57 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 58 Due the large size of raptor home ranges and the low number of offspring produced on an annual bases, the loss of one individual can significantly influence population trends of a given raptor population at the property. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-8

9 outside of California is approximately deaths per turbine per year. This average is lower than the mortality rate experienced at three wind farms located in California, which had a mortality rate of deaths per turbine per year. This figure is considerably higher than the national average but is most likely due to the placement of wind turbines at these facilities in primary avian migration routes. 59 The adaptive mitigation measure defines four levels of compensation measures to avoid, reduce, or compensate for mortality levels in excess of those anticipated by the EIR. 60 Such measures will be employed until sufficient reductions in mortality or offsetting benefits are achieved to demonstrate substantial conformance with the EIR analysis. A threshold of to 0.03 deaths per turbine per year was determined to be an appropriate initial threshold that would trigger Level 1 of adaptive mitigation. This first threshold would allow for one raptor death for the entire proposed project site per year. Subsequent levels for raptors are described in Table These values are based on local population estimates of raptor populations and what is biologically acceptable for raptor mortality. The veracity of these conclusions is further supported by the low levels of raptors using the site within the operational zone of the turbines as a result of directed surveys during winter and spring migration of The project proponent has recommended this tiered approach for the implementation of adaptive mitigation that triggers the requirement for funding of conservation measures. The level of funding required would be directly related to the magnitude of reported postconstruction mortality rates (Table 4.1-2) Active Raptor Nest Sites Red-tailed Hawk Nest Active nests were identified for two species of raptors: red-tailed hawk and great horned owl (Figure 4.1-1, Active Raptor Nest Sites). An active nest of a red-tailed hawk was discovered in a tall eucalyptus tree in the upper Honda Creek valley on February 23, below count circle 003, down slope, and approximately 400 feet from the WTC boundary. This nesting pair is one of four resident pairs of red-tailed hawks that include at least a portion of the LWEP property within their home range. Two of the three remaining pairs almost certainly nest outside the LWEP property. Four resident pairs of the red-tailed hawk at the LWEP site is a very low number of birds when compared to habitat throughout North America and more specifically throughout Southern California. 61,62 59 Erickson, W.P., G.D. Johnson, M.D. Strickland, D.P. Young, Jr., K.J. Sernka, and R.E. Good Avian Collisions with Wind Turbines: A Summary of Existing Studies and Comparisons to Other Sources of Avian Collision Mortality in the United States. Washington, DC: National Wind Coordinating Committee. Available at: 60 CH2MHill Draft Environmental Impact Report:. Prepared for County of Santa Barbara Planning and Development Department. Available at: 61 Garrett, K., and J. Dunn Birds of Southern California: Status and Distribution. Page 408. Los Angeles, CA: Los Angeles Audubon Society. 62 Sibley, D. A The Sibley Guide to Birds. New York, NY: Alfred A. Knopf, Inc. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-9

10 Due to its location down slope and 400 feet away from the WTC boundary and 500 feet from the nearest wind turbine, impacts as a result of construction, operation, and maintenance of the proposed project to the active red-tailed hawk nest within the LWEP property are not anticipated. A buffer zone of 500 feet will be placed around occupied nests of the red-tailed hawk, which is afforded protection pursuant to the Migratory Bird Treaty Act and the State Fish and Game Code. No construction activities shall occur within the buffer area until the nesting cycle has been completed. Thus, no direct or indirect take is anticipated and mitigation measures are not warranted. Great Horned Owl Nest An active nest of a great horned owl was discovered in another tall eucalyptus tree in the lower Honda Creek valley on February 27, approximately 500 feet from the WTC boundary (Figure 4.1-1). This great horned owl pair is one of two pairs present at the LWEP property; the other pair frequents the Larsen tract and areas outside the LWEP property where it may nest. Due to its location down slope and 500 feet away from the WTC boundary and 600 feet from the nearest wind turbine, impacts as a result of construction, operation, and maintenance of the LWEP to the active great horned owl nest within the LWEP property are not anticipated. A buffer zone of 500 feet will be placed around occupied nests of the great horned owl, which is afforded protection pursuant to the Migratory Bird Treaty Act and the State Fish and Game Code. No construction activities shall occur within the buffer area until the nesting cycle has been completed. Thus, no direct or indirect take is anticipated and mitigation measures are not warranted. 4.2 SPECIAL-STATUS SPECIES Of the total of 21 special-status species (listed, sensitive, and locally important species) that were determined to have the potential to be present within the LWEP property as a result of the literature review, a total of 11 special-status sensitive species comprised 15 percent of the 73 species observed during the winter season avian surveys within and adjacent to the proposed project property. These 11 sensitive species, all California species of special concern, included four yearround residents: Cooper s hawk, golden eagle (not listed in Table 4.1-1), horned lark, and rufouscrowned sparrow; four winter residents: northern harrier, sharp-shinned hawk, ferruginous hawk, and burrowing owl; and three winter transients: long-billed curlew, loggerhead shrike, and grasshopper sparrow. Of these, six species were raptors. The remaining 10 special-status species that have the potential to be present at the proposed project site were determined to be absent as a result of the winter season surveys: State-listed Species peregrine falcon Species of Special Concern white-tailed kite merlin W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-10

11 LEGEND Raptor Nest Wind Turbine Corridor Proposed Project Boundary Plant Communities Agricultural Field Great Horned Owl Eucalyptus Grove Central Coastal Riparian Scrub Annual Grassland Native Grassland Central Coast Scrub Grassland - Central Coast Scrub Mosaic Red-tailed Hawk Evergreen Forest and Woodland 0 1,000 2,000 4,000 6,000 Feet 1:24,000 Q:\1537\ \SEI\ArcProjects\WinterBirdSurvey\RaptorNestSites.mxd FIGURE Active Raptor Nest Sites

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13 prairie falcon mountain plover long-eared owl short-eared owl tricolored blackbird Locally Important Species rock wren Lawrence s goldfinch Sensitive Species Of the 18 sensitive avian species that were the subject of this study, 11 sensitive species were observed during the winter season bird surveys within and/or near the boundary of the proposed project: northern harrier, sharp-shinned hawk, Cooper s hawk, ferruginous hawk, golden eagle, long-billed curlew, burrowing owl, loggerhead shrike, horned lark, rufous-crowned sparrow, and grasshopper sparrow. Six of these 11 sensitive species are raptors Locally Important Species Of the two locally important species that were identified to have the potential to be present within the LWEP property as a result of the literature review, both were determined to be absent from the LWEP property Year-round Residents Cooper s Hawk Single birds were observed hunting on three days (February 8, February 26, and March 4) at low heights above ground (< 100 feet) in the Honda Creek valley or along the South Ridge. The single birds were adults, when the age could be determined (1 of 3 times). In addition, one unidentified immature Accipiter (either sharp-shinned or Cooper s hawk) was observed hunting on February 6 at a low height above ground in the Honda Creek valley. Later, in spring, two nesting pairs of Cooper s hawks occurred within or near the LWEP site in central coast riparian scrub and evergreen forest and woodland habitats (complete details are available in the breeding season report). Cooper s hawks occurred over all habitats throughout the LWEP site (2,950 acres) depending on their activities. Few Cooper s hawks flew within wind turbine blade swept heights of 135 to 400 feet at the LWEP site, and they are not known to be susceptible to collisions with wind turbines. 63,64 63 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 64 Erickson, W.P., G.D. Johnson, M.D. Strickland, D.P. Young, Jr., K.J. Sernka, and R.E. Good Avian Collisions W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-11

14 The two resident pairs along with any additional number of wintering birds at the LWEP site suggests that concern is not warranted for a species that is now fairly common to common in appropriate habitat throughout Southern California and North America where it has dramatically increased in numbers over the last years since its low numbers during the DDT/DDE era. 65,66 Nest sites of Cooper s hawk are over 2,000 feet away from operational wind turbines at the LWEP site. A buffer zone of 500 feet will be placed around occupied nests of Cooper s hawk, which is afforded protection pursuant to the Migratory Bird Treaty Act and the State Fish and Game Code. No construction activities shall occur within the buffer area until the nesting cycle has been completed. Thus, implementation of the proposed project is not anticipated to result in significant impacts to the Cooper s hawk, and mitigation measures are not warranted for nests or birds. Golden Eagle One immature bird was observed hunting on March 5 at a low height above ground (< 130 feet) along the North Ridge. The eagle was evicted from the area by a territorial red-tailed hawk. Individual golden eagles were also detected later during spring. Golden eagles occurred over all habitats throughout the LWEP site (2,950 acres), depending on their activities, but were most frequently detected foraging over open habitats such as non-native grassland. Golden eagles do not nest at the LWEP site, although it is reputed but not confirmed that one pair may nest nearby in the vicinity of Tranquillon Peak on VAFB. 67 Golden eagles may fly within wind turbine blade swept heights of 135 to 400 feet at the LWEP site, and under certain foraging conditions, such as when suitable prey like California ground squirrels are concentrated, golden eagles are susceptible to collisions with wind turbines. 68,69 Regardless, the low number of resident birds during winter at the LWEP site suggests that concern is not warranted for a species that is still fairly common in appropriate habitat in some areas of Southern California and western North America. 70,71 Implementation of the proposed project is not anticipated to result in significant with Wind Turbines: A Summary of Existing Studies and Comparisons to Other Sources of Avian Collision Mortality in the United States. Washington, DC: National Wind Coordinating Committee. Available at: 65 Garrett, K., and J. Dunn Birds of Southern California: Status and Distribution. Page 408. Los Angeles, CA: Los Angeles Audubon Society. 66 Sibley, D. A The Sibley Guide to Birds. New York, NY: Alfred A. Knopf, Inc. 67 CH2MHill Public Draft Environmental Impact Report:. Prepared for: County of Santa Barbara Planning and Development Department. Available at: 68 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 69 Erickson, W.P., G.D. Johnson, M.D. Strickland, D.P. Young, Jr., K.J. Sernka, and R.E. Good Avian Collisions with Wind Turbines: A Summary of Existing Studies and Comparisons to Other Sources of Avian Collision Mortality in the United States. Washington, DC: National Wind Coordinating Committee. Available at: 70 Garrett, K., and J. Dunn Birds of Southern California: Status and Distribution. Page 408. Los Angeles, CA: Los Angeles Audubon Society. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-12

15 impacts to the golden eagle. In the unanticipated event that mortality exceeds those predicted by the EIR as a result of postconstruction mortality monitoring, the project proponent shall undertake adaptive mitigation to avoid and minimize incidental mortality to the golden eagle during operation of the proposed project. Mitigation Measures Although the proposed project is not expected to result in significant impacts to the golden eagle, the project developer shall consider feasible measures to avoid and minimize incidental mortality during operation, consistent with the assumptions used in the impact analysis, in the form of adaptive mitigation that specifies compensation to support the regional conservation of airborne species. The adaptive mitigation measure defines four levels of compensation measures to avoid, reduce, or compensate for mortality levels in excess of those anticipated by the EIR. 72 Such measures will be employed until sufficient reductions in mortality or off-setting benefits are achieved to demonstrate substantial conformance with the EIR analysis. A threshold of to 0.03 deaths per turbine per year was determined to be an appropriate initial threshold that would trigger Level 1 of adaptive mitigation. This first threshold would allow for one raptor death for the entire proposed project site per year. Subsequent levels for raptors are described in Table These values are based on local population estimates of raptor populations and what is biologically acceptable for raptor mortality. The veracity of these conclusions is further supported by the low levels of raptors using the site within the operational zone of the turbines as a result of directed surveys during winter and spring migration of The project proponent has recommended this tiered approach for the implementation of adaptive mitigation that triggers the requirement for funding of conservation measures. The level of funding required would be directly related to the magnitude of reported postconstruction mortality rates (Table 4.1-2). Horned Lark The horned lark was the most frequently recorded species on area search counts (25 of 108 counts, 23 percent). Horned lark was also the most abundant species on area search counts (150 birds), with six counts of flocks of 8 to 33 birds. Horned larks were widely distributed along all surveyed ridgelines on proposed impact areas (except for the northern portion of the Larsen landholding), with flocks as high as 41 birds. However, some horned larks were paired on territory as early as early February. The horned lark was recorded only on non-native annual grassland and grassland-central coast scrub mosaic habitats, not at arable fields (unlike American pipits), which is a total of 1,710 acres. 71 Sibley, D. A The Sibley Guide to Birds. New York, NY: Alfred A. Knopf, Inc. 72 CH2MHill Draft Environmental Impact Report:. Prepared for County of Santa Barbara Planning and Development Department. Available at: W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-13

16 Implementation of the proposed project is anticipated to temporarily disturb 54 acres and permanently disturb 34 acres, primarily within annual grassland and grassland-central coast scrub habitats. Thus permanent impacts would constitute approximately 2 percent of the 1,710 acres of annual grassland and grassland-central coast scrub mosaic habitats within the LWEP property. The mean number of birds per count circle (within and outside of WTCs) was 1.39 (or only within WTCs, 0.78). This translates to 75 birds (42 within WTCs) over all 54 count circles or 0.72 birds per acre and 0.40 birds per acre at WTCs within non-native annual grassland and grassland-central coast shrub mosaic habitats. This calculation assumes no movement of birds between circles over the winter season, which is unlikely for mobile flocking species such as the horned lark. Actual horned lark densities over both habitats combined were probably much less. Nonetheless, the number of horned larks wintering at the LWEP site was much greater than documented previously. 73,74 Horned larks have sharply declined in most coastal and near-coastal areas of Southern California although they are still numerous in regions such as the Mohave Desert and are widespread and abundant in many areas of North America. 75,76 Horned larks may be susceptible to collisions with wind turbines, at least breeding males during display flights. 77 Nevertheless, implementation of the proposed project is not anticipated to result in significant impacts to the horned lark. In the unanticipated event that mortality exceeds those predicted by the EIR as a result of postconstruction mortality monitoring, the project proponent shall undertake adaptive mitigation to avoid and minimize incidental mortality to the horned lark during operation of the proposed project. Mitigation Measures Although the proposed project is not expected to result in significant impacts to the horned lark, the project developer shall consider feasible measures to avoid and minimize incidental mortality during operation, consistent with the assumptions used in the impact analysis, in the form of adaptive mitigation that specifies compensation to support the regional conservation of airborne species. The adaptive mitigation measure defines four levels of compensation measures to avoid, reduce, or compensate for mortality levels in excess of those anticipated by the EIR. 78 Such measures will be employed until sufficient reductions in mortality or off-setting benefits are achieved to demonstrate substantial conformance with the EIR analysis. 73 Olson, Thomas, and Katherine Rindlaub : Biological Resources. Provided to: Acciona Wind Energy USA LLC, La Jolla, CA. 74 Olson, T. 8 February : Results of Winter Bird Surveys. Unpublished. Prepared for: Acciona Wind Energy USA LLC, La Jolla, CA. 75 Olson, Thomas, and Katherine Rindlaub : Biological Resources. Provided to: Acciona Wind Energy USA LLC, La Jolla, CA. 76 Olson, T. 8 February : Results of Winter Bird Surveys. Unpublished. Prepared for: Acciona Wind Energy USA LLC, La Jolla, CA February Memorandum for the Record, , No. 12. Pasadena, CA. 78 CH2MHill Draft Environmental Impact Report:. Prepared for County of Santa Barbara Planning and Development Department. Available at: W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-14

17 The EIR anticipates that mortality to resident and migratory birds would be equal to or less than an average of 1.85 birds per turbine per year based on reported data for other comparable projects in California which translates into 148 bird deaths based on the construction of 80 turbines at the LWEP property The veracity of these conclusions is further supported by the low levels of resident and migratory birds using the site within the operational zone of the turbines as a result of directed surveys during winter and spring migration of The project proponent has recommended this tiered approach for the implementation of adaptive mitigation that triggers the requirement for funding of conservation measures. The level of funding required would be directly related to the magnitude of reported postconstruction mortality rates (Table 4.1-2). Rufous-crowned Sparrow One bird was detected at a rocky knoll above count circle 034 and below the South Ridge on March 4, Rufous-crowned sparrows will only occur under a subset of specific habitat conditions within central coast scrub habitat (< acres). Even with additional sampling during spring and the breeding season, fewer than 10 adult birds are anticipated to be present at the LWEP site. Known occupied areas or anticipated areas to be occupied are or probably will be located away from proposed project impact areas since these areas avoid rocky knolls. Like other scrub species, the rufous-crowned sparrow rarely flies above 30 feet. In addition, rufous-crowned sparrows are locally distributed in Southern California and the southwestern United States. 79,80 Implementation of the proposed project is not anticipated to result in significant impacts to the rufous-crowed sparrow, and mitigation measures are not warranted Winter Residents Northern Harrier One adult male northern harrier flew over the LWEP property at a low height above ground (< 100 feet) on March 4, Northern harriers may fly over all habitats throughout the LWEP site (2,950 acres), although they prefer foraging in open and semi-open habitats and generally avoid forested closed habitats. Despite a decline in northern harrier abundance in Southern California because of loss of open and 79 Garrett, K., and J. Dunn Birds of Southern California: Status and Distribution. Page 408. Los Angeles, CA: Los Angeles Audubon Society. 80 Sibley, D. A The Sibley Guide to Birds. New York, NY: Alfred A. Knopf, Inc. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-15

18 semi-open habitats, the low number of wintering birds at the LWEP site suggests that concern is not warranted for a species that is widespread and fairly numerous in many areas of North America. 81,82 Implementation of the proposed project is not anticipated to result in significant impacts to the northern harrier, and mitigation measures are not warranted. Sharp-Shinned Hawk Single birds were observed hunting on three days (February 5, March 13, and March 18) at low heights above ground (< 100 feet) in the Honda Creek valley or along the South Ridge. The single birds were adults, when the age could be determined (2 of 3 times). Like Cooper s hawk, sharp-shinned hawks occurred over all habitats throughout the LWEP site (2,950 acres) depending on their activities. No sharp-shinned hawks flew within wind turbine blade swept heights of 135 to 400 feet at the LWEP site, and they are not known to be susceptible to collisions with wind turbines. 83,84 The low number of wintering birds at the LWEP site suggests that concern is not warranted for a species that is common in appropriate habitat throughout Southern California and North America where it has increased in numbers over the last years although its increase has not been as dramatic as that of Cooper s hawk. 85,86 Implementation of the proposed project is not anticipated to result in significant impacts to the sharp-shinned hawk, and mitigation measures are not warranted. Ferruginous Hawk One adult bird (light-morph) was observed foraging low along the North Ridge and a photograph was taken when the bird landed on the ground in January Garrett, K., and J. Dunn Birds of Southern California: Status and Distribution. Page 408. Los Angeles, CA: Los Angeles Audubon Society. 82 Sibley, D. A The Sibley Guide to Birds. New York, NY: Alfred A. Knopf, Inc. 83 Erickson, W.P., G.D. Johnson, and D.P. Young, Jr A Summary and Comparison of Bird Mortality from Anthropogenic Causes with an Emphasis on Collisions. In Bird Conservation Implementation and Integration in the Americas: Proceedings at the Third International Partners in Flight Conference; 2002 March 20 24; Asilomar, CA; Volume 2; p Edited by C. J. Ralph and T. D. Rich. (General Technical Report PSW-GTR-191). Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 84 Erickson, W.P., G.D. Johnson, M.D. Strickland, D.P. Young, Jr., K.J. Sernka, and R.E. Good Avian Collisions with Wind Turbines: A Summary of Existing Studies and Comparisons to Other Sources of Avian Collision Mortality in the United States. Washington, DC: National Wind Coordinating Committee. Available at: 85 Garrett, K., and J. Dunn Birds of Southern California: Status and Distribution. Page 408. Los Angeles, CA: Los Angeles Audubon Society. 86 Sibley, D. A The Sibley Guide to Birds. New York, NY: Alfred A. Knopf, Inc. W:\PROJECTS\1537\ \Documents\Winter Bird Survey\Final Lompoc Winter Avian Report.Doc Page 4-16