Memorandum. To: Heritage Wind, LLC. From: Justin Zoladz. Date: October 30, Re: 2017 Spring Migratory Raptor Survey Results

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1 To: From: Justin Zoladz Date: Re: 2017 Spring Migratory Raptor Survey Results 1 Project Description (Heritage) is developing the Heritage Wind Project (Project) in the town of Barre, Orleans County, New York (Figure 1-1). The proposed Project would generate up to 200 megawatts (MW) of electricity from approximately 67 wind turbine generators (WTGs) and include access roads, underground electrical collection lines, a substation, permanent meteorological towers, and a temporary construction staging area. The Project Area includes an airport setback area where turbines are unlikely to be installed. As part of a larger study effort for the Project, spring migratory raptor surveys were conducted from March through May 2017, in accordance with the agency-approved study plan (Avian and Bat Study Plan for the Proposed Heritage Wind Project, Orleans County, New York [Study Plan Ecology and Environment, Inc. (E & E) 2017]). The Study Plan outlined recommended studies to be performed within the Project area per New York State Department of Environmental Conservation (NYSDEC) Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects (Guidelines; NYSDEC 2016) and the U.S. Fish and Wildlife Service (USFWS) Eagle Conservation Plan Guidance, Module 1 Land-based Wind Energy, Version 2 (ECPG [April 2013]). The methodology and results of the spring migratory raptor survey effort are summarized in this memorandum.

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3 Page 3 2 Methodology Spring migratory raptor surveys were conducted by E & E to document the movement of raptors migrating through the Project area. Surveys were conducted weekly for 13 weeks from March 6 through May 22 by completing 1-hour point counts at eight points. There were a total of 16 points throughout the Project area and each point was surveyed once every other week (eight on one day and the remaining eight on another day the following week). Surveying effort included 40 hours (five survey days) in March, 32 hours (four survey days) in April, and 32 hours (four survey days in May), for a total of 104 hours over the survey period. The survey locations are identified in Figure 2-1. Surveys were conducted by one of three E & E avian biologists at each point during spring migration, between approximately 8 a.m. and 5 p.m. when visibility was greater than 200 meters vertically and 800 meters horizontally. For each raptor observed, the surveyor recorded the time of the sighting, species, number of individuals, flight direction, flight behavior, approximate flight height (below 50 meters above ground level [agl], 50 to 200 meters agl, and above 200 meters agl), and any additional notes regarding the sighting, as outlined in the NYSDEC Guidelines. Per the NYSDEC Guidelines, all migrant raptor sightings were recorded, regardless of distance from the observer (i.e., this includes raptors observed beyond the 800-meter plot). Detection rates were calculated and spatial variation of raptor use in the Project area was examined. 3 Results A total of 977 raptor observations of 11 species were recorded in 104 hours of surveys from March 6 through May 22, 2017 (Table 3-1). Approximately 71% of the sightings were of turkey vulture (693 sightings), followed by red-tailed hawk (151 sightings [15% of total raptor sightings]), and broad-winged hawk (53 sightings [5% of total raptor sightings]). Detailed information regarding raptor sightings by survey date is provided in Attachment A. Migrant raptors were defined as individuals moving in a non-southerly direction; therefore, the migrant count may inadvertently include some local raptors observed moving in a non-southerly direction. Migrant raptors comprised approximately 73% (712) of the total raptors observed, encompassing all 11 species observed (Table 3-2). Of the 712 migrant raptors observed, those moving in a northerly direction (north, northeast, or northwest) comprised approximately 33% (322) of the total raptors, whereas 23% (218) moved east, and 18% (172) moved west. Raptors not counted as migrants include 23% (228) that moved in a southerly direction (south, southeast, or southwest), 2% (24) that were only observed perched, and 1% (13) that were too distant (1,000 to 2,000 m) to discern flight direction aside from circling. The most numerous species observed were turkey vulture (507 sightings [71% of total migrant raptor sightings]), red-tailed hawk (96 sightings [13% of total migrant raptor sightings]), and broad-winged hawk (53 sightings [7% of total migrant raptor sightings]).

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5 Page 5 Table 3-1 Spring 2017 Total Raptor Sightings (Migrants and Locals) Detection Species Number Observed Percent of Total (%) Rate (raptors per hour) Turkey Vulture Red-tailed Hawk Broad-winged Hawk American Kestrel Bald Eagle Osprey Sharp-shinned Hawk Cooper s Hawk Northern Harrier Red-shouldered Hawk Northern Goshawk Total Table 3-2 Spring 2017 Migrant Raptor Sightings Species Number Observed Percent of Total (%) Detection Rate (raptors per hour) Turkey Vulture Red-tailed Hawk Broad-winged Hawk American Kestrel Bald Eagle Osprey Sharp-shinned Hawk Cooper s Hawk Northern Harrier Red-shouldered Hawk Northern Goshawk Total Based on 104 survey hours, the spring migrant raptor detection rate was 6.85 raptors per hour. Excluding turkey vultures from the analysis, the spring migrant raptor detection rate was 1.97 raptors per hour. Of the 977 total raptor sightings, approximately 46% (449) were observed flying between 50 meters (m) and 200 m above ground level (agl). Approximately 49% (482 sightings) were flying

6 Page 6 below 50 m agl or perched and 5% (46 sightings) were observed above 200 m agl (Table 3-3). Excluding turkey vultures from the analysis, total sightings of raptors above 200 m, between 50 and 200 m, and below 50 m were 31 (11%), 134 (47%), and 119 (42%), respectively. Table 3-3 Spring 2017 Raptor Flight Heights Flight Height Number Observed Percent of Total (%) Detection Rate (raptors per hour) Above 200 meters agl to 200 meters agl Below 50 meters agl Total Of the 712 sightings of raptors exhibiting migratory behavior, approximately 47% (332 sightings) were observed flying between 50 m and 200 m agl; 48% (342 sightings) were observed flying below 50 m agl; and 5% (38 sightings) were observed above 200 m agl (Table 3-4). Excluding migrant turkey vultures from the analysis, total sightings of migrant raptors above 200 m, between 50 and 200 m, and below 50 m were 29 (14%), 108 (53%), and 68 (33%), respectively. Table 3-4 Spring 2017 Migrant Raptor Flight Heights Flight Height Number Observed Percent of Total (%) Detection Rate (raptors per hour) Above 200 meters agl to 200 meters agl Below 50 meters agl Total Raptor activity was documented throughout the Project area with detection rates relatively similar across the site (Figures 3-1 and 3-2). Overall, detection rates for migratory raptors were similar across point locations, ranging from 0.44 at point 11A to 1.12 raptors per hour at point 7. Survey point 11A had the lowest rates, potentially due to a more limited viewshed compared with other survey points (Figure 2-1). Survey locations in the northwest portion of the Project area (points 15, 1, and 5) appeared to have slightly less raptor activity compared to other survey locations. Throughout the survey period, a total of 16 bald eagle and no golden eagle sightings were recorded (Table 3-1). Of these, 10 (63%) bald eagle sightings were considered migrant (Table 3-2). The 16 bald eagle sightings were identified at nine of the 16 survey points, with one, two, or three sightings per point (Figure 3-1). Survey point 16 had the highest detection rates for total

7 Page 7 bald eagle observations (i.e., migrant and non-migrant) by a small margin; this survey point is located farthest to the southwest and is closest to the known bald eagle nest located 0.8 miles south of the southwestern edge of the project area based on NYSDEC 2017 data (Denoncour 2017). Survey point 5 had the highest eagle detection rate when considering only migrant raptors. 1.8 Passage Rate (raptors per hour) A 14A Survey Location Turkey Vulture Other Raptors Bald Eagle Figure 3-1 Spring 2017 Raptor Detection Rates (raptors per hour) by Survey Location

8 Page Passage Rate (raptors per hour) A 14A Survey Location Turkey Vulture Other Raptors Bald Eagle Figure 3-2 Spring 2017 Migrant Raptor Detection Rates (raptors per hour) by Survey Location 4 Discussion Comparison with Other Wind Project Studies in New York State The results of the spring migratory raptor surveys within the Project area were compared to spring raptor surveys conducted at other wind power sites in New York State (Table 4-1). Sampling periods (including sample dates and hours of day) were mostly consistent between previous studies. The mean migrant detection rate of 6.85 raptors per hour observed during this study was in the mid-range of other studies conducted within New York State. Comparison to Regional Hawk Watch Sites The nearest Hawk Migration Association of North America (HMANA) hawk watch that tallies spring raptor migration data is the Braddock Bay Hawk Watch, which is approximately 25 miles northeast of the Project Area (HMANA 2017). Braddock Bay is a lakeside hawk watch on the southern shore of Lake Ontario near Rochester, New York. The hawk watch is staffed daily and has years of publicly available survey data, starting in The large number of raptors observed at this site is attributed to local geography as raptors concentrate along the Lake Ontario shore, converging near the hawk watch, as they move (typically east) along the

9 Page 9 Table 4-1 Spring Migrant Raptor Survey Data from Proposed Wind Power Sites in New York State Location Year Dates Sampled No. of Days Hours Sampled No. of Species Total No. Individuals % Turkey Vulture Raptors/ Hour Raptors/ hour exclude TUVU Ripley-Westfield, Chautauqua Co /17-5/ , Escarpment & Lake Erie Plain (outside Project Area) Chautauqua Windpower, Chautauqua /17-5/ , Co. Lake Erie plain (outside Project Area) Chautauqua Windpower, Chautauqua /17-5/ , Co. Ridge area Lighthouse, Niagara Co /6-5/ , Lighthouse, Niagara Co /12 5/ , Horse Creek / Clayton, Jefferson Co /30-5/ N/A 12.1 N/A Chautauqua Windpower, Chautauqua /17-5/ Co. Inland area St. Lawrence, Jefferson Co /21-5/ N/A 11 N/A St. Lawrence, Jefferson Co /21-5/ N/A 9.8 N/A Alabama, Genesee Co /16-4/ Cape Vincent, Jefferson County 2006/ 3/21-5/ N/A 8.6 N/A 2007 St. Lawrence, Jefferson Co /14-5/ N/A 7.5 N/A Heritage, Orleans Co /6-5/ Ripley-Westfield, Chautauqua Co /17-5/ , Project Area St. Lawrence, Jefferson Co /14-5/ N/A 6.5 N/A West Hill, Madison Co /5-5/ N/A 6.25 N/A Steel Winds, Erie Co /1-5/

10 Page 10 Table 4-1 Spring Migrant Raptor Survey Data from Proposed Wind Power Sites in New York State Location Year Dates Sampled No. of Days Hours Sampled No. of Species Total No. Individuals % Turkey Vulture Raptors/ Hour Raptors/ hour exclude TUVU Villenova / Ball Hill, Chautauqua Co. 2007/ 3/30-5/ Windfarm Prattsburgh, Steuben Co Not reported 10 (60) N/A 5.23 N/A Howard, Steuben Co /3-5/ Stockton, Chautauqua Co. 2005/ 4/16-5/ N/A 4.65 N/A 2007 Arkwright, Chautauqua Co. 2005/ 4/16-5/ N/A 4.37 N/A 2007 Moresville, Delaware Co /28-5/ N/A 3.8 N/A Hartsville, Steuben Co /13-4/ High Sheldon, Wyoming Co /2-5/ N/A 3.2 N/A Jericho Rise, Franklin Co /4-5/ Marble River, Clinton Co /5-5/ Cohocton, Steuben Co Not reported Dairy Hills, Wyoming Co /15-4/ (2.5) 1.00 Chateaugay, Franklin Co /19-4/ Allegany, Cattaraugus Co /23-5/ Ellenburg, Clinton Co /30-5/ N/A 1.1 N/A Bliss, Wyoming Co /21-4/28 3 (21) (0.9) 0.81 Stony Creek, Wyoming Co /19-5/ Wethersfield, Wyoming Co /22-4/ N/A 0.1 N/A Altona, Clinton Co /4-5/6 3 (21) 0 0 N/A 0 N/A Clinton, Clinton Co /18-4/20 3 (21) 0 0 N/A 0 N/A Source: Entries provided by E & E. (#) = Value not reported in original results the number was calculated by NYSDEC based on original report text and tables.

11 Page 11 shoreline. A total of 73,222 migrating raptors were counted at the Braddock Bay Hawk Watch in spring 2017, with a spring detection rate of raptors per hour from March through May (HMANA 2017), which encompasses the survey period evaluated for the Project area (March through May). The difference in overall spring migrant sighting rates between Braddock Bay and the Heritage Project site is substantial, where Braddock Bay saw approximately 35 times as much activity per hour throughout the spring migration period, relative to the Heritage Project site. Over the past 10 years (2008 through 2017), Braddock Bay has an average detection rate of raptors per hour for spring migration (HMANA 2017), approximately 47 times that measured at the Heritage Project site. On average, approximately 34% of the annual sightings over the past 10 years at Braddock Bay were comprised of turkey vulture (HMANA 2017). Because the survey coverage was not the same for each set of surveys, daily comparisons are shown in Table 4-2 for the 13 dates where the two surveys overlapped. Analysis of the Braddock Bay Hawkwatch site over the past 10 years suggests that 2017 was a below-average year for raptor migration. Comparing only those 13 survey dates that overlapped, the Project area saw a spring migratory detection rate of 6.85 raptors per survey hour, while Braddock Bay saw raptors per survey hour. The total survey time over the 13 dates for Heritage was 104 hours with a total of 712 migratory raptor sightings, while Braddock Bay had a total survey effort of hours with a total of 21,854 migratory raptor sightings (Table 4-2). When turkey vultures were removed from the analysis for all dates indicated in Table 4-2 for both locations, the migrant detection rate drops to 1.97 and raptors per hour for the Heritage Project area and the Braddock Bay Hawk Watch site, respectively. Braddock Bay is a known spring migration concentration area for raptors; therefore, the notably lower detection rate in the Heritage Project area is indicative of more diffuse spring raptor migration and an area that is not concentrating migratory raptor activity. Potential for Impacts to Migrating Raptors Migratory raptors may occur in the Project Area during the spring migratory period. As such, there is potential for direct mortality or injury to raptors resulting from collision with wind turbines and the potential for harassment, displacement, or habitat impacts. However, the detection rates in the Heritage Project area suggest the risk of post-construction raptor mortality appear to be relatively low, particularly compared to spring migration corridors where migratory raptors concentrate. Erickson et al. (2017) estimated a continent-wide mortality rate for raptors of 0.13 to 0.26 raptor fatalities per MW per year, or 10-22,000 total raptors across the United States (including vultures and owls). The estimate was calculated using data from over 146 studies on bird mortality at over 85 wind energy facilities. According to this study, compared to United States population sizes, less than 0.5% of the breeding population of raptors is directly impacted by wind turbine-related mortality (Erickson et al. 2017). Example mortality studies at four wind energy facilities in New York State ranged from approximately 0.04 to 0.32 raptor fatalities per MW per year (NWCC 2010), encompassing the continental mortality estimate. Raptor mortality has been low in studies at New York wind energy sites, and the impacts to raptors in the Project Area would be expected to be similar to other inland sites in the state.

12 Page 12 Table 4-2 Daily Comparison of Migrant Raptors and Eagles Counted during E & E Surveys at Heritage and Braddock Bay Hawk Watch, Spring 2017 Date Heritage Project Area Migrant Raptor Totals Heritage Survey Effort (hours surveyed) Braddock Bay Hawk Watch Raptor Totals 1 Braddock Bay Survey Effort (hours surveyed) 1 Heritage Golden Eagle Heritage Bald Eagle Braddock Bay Golden Eagle 1 Braddock Bay Bald Eagle 1 3/6/ /17/ /20/ /24/ /27/ , /3/ /9/ , /17/ /27/ , /2/ , /8/ /17/ , /22/ Total , Survey Hours Detection Rate Note: 1 Data obtained from Hawkwatch

13 Page 13 5 References Denoncour, Brianna M Avian Ecologist. New York State Department of Environmental Conservation, Albany, NY. Personal Communication. on April 13, 2017 to Dave Phillips, Apex Clean Energy, Charlottesville, VA. Ecology and Environment, Inc. (E & E) Avian and Bat Study Plan for the Proposed Heritage Wind Project, Orleans County, New York. Prepared for. May. Erickson, Wallace, Kimberly Bay, and Shay Howlin PNWWRM XI. Proceedings of the Wind-Wildlife Research Meeting XI. Broomfield, CO, November 30 - December 2, Prepared for the National Wind Coordinating Collaborative by the American Wind Wildlife Institute, Washington, DC, Susan Savitt Schwartz, ed. 164 pp. Hawk Migration Association of North America (HMANA) Braddock Bay, Monthly Summaries. Accessed online at: Accessed in June National Wind Coordinating Collaborative (NWCC) Wind Turbine Interactions with Birds, Bats, and their Habitats: A Summary of Research Results and Priority Questions. New York State Department of Environmental Conservation (NYSDEC) Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects. June. Accessed online at: Accessed in June United States Fish and Wildlife Service (USFWS). April Eagle Conservation Plan Guidance, Module 1 Land-based Wind Energy, Version 2. Accessed online at: Accessed in June 2017.

14 Attachment A Total Raptor Sightings A-1

15 Date Turkey Vulture Osprey Bald Eagle Attachment A Number of Raptor Sightings by Survey Date Count of Raptor Species Northern Harrier Sharpshinned Hawk Cooper s Hawk Northern Goshawk Redshouldered Hawk Broadwinged Hawk Redtailed Hawk American Kestrel 3/6/ /17/ /20/ /24/ /27/ /3/ /9/ /17/ /27/ /2/ /8/ /17/ /22/ Total Percentage of Total Detection Rate (Raptors / hr) Total Attachment A.Docx-10/30/2017