The Department of Sustainability and Environment has considered and evaluated the above [Macarthur] application pursuant to, section 52 of the Planning and Environment Act 1987. DSE offers the following response to the above proposal.

The United States Fish and Wildlife Service (USFWS) sent two letters October 12, 2005 to David Perry, Executive Vice President of Chautauqua Windpower LLC, severely critical of the draft Avian Risk Assessment (ARA) completed by Chautauqua Windpower and its consultants for the proposed wind power development in the Towns of Ripley and Westfield, Chautauqua County, New York. The shorter of the two letters focuses on the ARA’s attention to migrating and resident American Bald Eagles; the longer of the two letters consists of a broader evaluation of the ARA and its attention to all resident and migrating birds. The pdf file below is a brief summary of the USFWS letters criticizing the risk assessment. The full text of the two USFWS letters is available via the link below.

This submission deals only with the potential impact on the natural environment and in particular birds and bats.

September 2, 2005 City of Lackawanna Planning and Development Board Room 311, City Hall 714 Ridge Road Lackawanna, NY 14218 Attn: Joseph G. Geyer Re: Steel Winds Wind Farm Route 5, Former Bethlehem Steels works Lackawanna, NY Dear Mr. Geyer; The New York Sate Department of Environmental Conservation (DEC) staff have performed an initial review of the information and material provided with the City of Lackawanna’s SEQR Notice of Coordinated Review and Declaration of Intent to Act as Lead agency. These materials include the Application for Site Plan Approval and Certain Area variances to Authorize Construction and Operation of a Wind Energy Facility on a Portion of the Former Bethlehem Steel Works Site in Lackawanna, New York (the Application), and the Analysis of Environmental Impacts pursuant to SEQR (The EA). Please be advised the DEC does not object to the City of Lackawanna assuming the role of lead agency, but the DEC does reserve the right to comment on this action if a positive determination is made. As indicated in the following text of this letter, DEC staff have concerns for the potential impacts of certain aspects of this project. Our comments and concerns are listed below under the appropriate topic.

GAO Report. "The impact of wind power facilities on wildlife varies by region and by species....however, many wind power facilities in the United States have not been studied and, therefore, scientists cannot draw definitive conclusions about the threat that wind power poses to wildlife in general."

Jon Boone is a intervenor in a Maryland Public Service Commission windpower case (No. 9008). On September 16, 2005, he formally submitted his direct testimony in this case. His testimony and attachments cover the gamut of issues surrounding the wind industry.

Jon Boone addresses wind power for the Mid-Atlantic region.

The media release from the Minister of Planning, Victoria, denying the permit for the Yaloak Wind Farm because of the unacceptable risk to the Wedge-tailed eagle.

The generation of electricity by wind is a growing industry in Pennsylvania. While wind energy is certainly an attractive alternative to the pollution produced by fossil fuel power plants, all potential environmental impacts must be measured if electricity produced this way is to truly qualify as “green energy.” Surprisingly, only minimal environmental studies need to be done to site a wind farm in Pennsylvania. Improper siting of some wind farms in the U.S. has impacted migratory bird, resident bird, and bat populations. We present bird-impaction data from an industrial facility 30 km south of a proposed wind farm in Luzurne County, Pennsylvania, that suggest caution in the blind embrace of this energy technology. Siting decisions are made at the local government levels and are primarily based on economic incentives. We argue (a) that this energy alternative must incorporate robust site-specific impaction studies at each wind farm to demonstrate effects throughout the Commonwealth, and (b) that local government officials be given the guidance necessary to encourage and provide environmental oversight to wind farms in their areas.