The DEC Staff's four major points are as follows:

(1) The proposed project area is an extremely important bird/raptor migration area

(2) Data collection methodology and duration for this project is extremely limited

(3) The mortality constant chosen and its application to available date are inappropriate

(4) Bald eagles and other protected species do and can be expected to us the project area.

...additional radar studies would be required to see if spring migration patterns are different than those measured in the fall. Typically spring migration is shorter than fall migration with fewer numbers in the shorter period of time. How this will affect the numbers of birds passing through the rotor swept volume is unknown. It is important to determine the seasonal timing, altitude and numbers of migrant birds passing over the proposed project site and the effects of weather upon their passage over a greater part of the whole year. In addition, it is possible to determine some of the bird and bat species passing through the project site by accoustical sensors to determine which species, that make vocal calls, are migrating through the site.

In August 2004, Chautauqua County Citizens for Responsible Wind Power submitted a letter to the NYSERDA Board of Directors outlining our concerns about NYSERDA’s involvement with the proposed Chautauqua County wind energy project. Mr. Vincent DeIorio initially responded to us in a letter dated August 24, 2004. Mr. Peter Keane then provided a supplemental response in his September 29, 2004 letter. We find that both of these letters do not address the core issues outlined in our August 2004 letter. The following summarizes our concerns in context of the responses provided by NYSERDA to date:

The attached report is on collision modeling done for the proposed Yalloak wind farm in Victoria. The wind farm was rejected because of the large risk to Wedge-tailed Eagles. This report suggests that 9 of a population of 12 would be killed in the first year resulting in a population sink.

...some wind power facilities, such as the Altamont Pass Wind Resource Area (APWRA) in eastern Alameda and Contra Costa Counties, California, are causing severe environmental impacts to raptor populations due to bird kills from collisions with turbines and electrocution on power lines.

Wind turbines in the Altamont Pass Wind Resource Area (APWRA) provide on average 1.1 billion kilowatt-hours (kWh) of emissions-free electricity annually, enough to power almost 200,000 average households per annum, but these turbines also kill birds that are legally protected, and have been doing so for decades. This five-year research effort focused on better understanding the causes of bird mortality at the world's largest wind farm. Researchers studied 2,548 wind turbines and combined their data with results from 1,526 wind turbines they had studied previously. They sought to: (1) quantify bird use, including characterizing and quantifying perching and flying behaviors of individual birds around wind turbines; (2) evaluate flight behaviors and the environmental and topographic conditions associated with them; (3) identify possible relationships between bird mortality and bird behaviors, wind tower design and operations, landscape attributes, and prey availability; and (4) develop predictive, empirical models that identify turbine or environmental conditions that are associated with high vulnerability. Researchers concluded that bird fatalities at the APWRA result from various attributes of wind turbine configuration and placement, and that species-specific behavior plays a large role in how each contributory factor affects mortality. The report details numerous specific observations. Researchers identified and evaluated possible measures to mitigate bird mortality in the APWRA. They offer recommendations to discontinue or modify some current management actions, to implement new ones immediately, and to experiment with others. Data presented in the report support these recommendations. The results suggest that repowering with carefully placed, modern wind turbines mounted on taller towers may be the preferable means to substantially reduce bird mortality.

William R. Evans, a renowned ornithologist with expertise in nocturnal bird migration, provides a comprehensive critique of the Avian Risk Assessment for the Chautauqua Wind plant (NY). As part of this critique, Evans addresses the deficiencies in the Erickson, et al. bird mortality studies widely quoted by the wind industry.

We are writing to request that the General Accounting Office undertake a study on the interim guidance issued by the U.S. Fish and Wildlife Service concerning the development of wind turbine facilities ......

Center for Biological Diversity's demand for a jury trial, as plaintiff, vs. FPL Energy et al with respect to bird kills in Altamont Pass in Alameda and Contra Costa Counties in California.

My name is John L. or Jack Kaspar. I am an ornithologist by training and professor emeritus at the University of Wisconsin-Oshkosh.