Studies and Analysis

Typical Plan of Action for Pre-construction Environmental Risk Assessment in Support of Wind Energy Facility Siting in Texas

THE PROPOSAL

TX-ESA recommends the following steps in support of providing environmental assessments of wind farm sites on private property in Texas. (NOTE: There is currently no general environmental permiting required for projects on private land in Texas).

Firstly, the client submits property boundary and proposed project area to TX-ESA, preferably in electronic GIS format (e.g. Shapefile). Based on this submission, TX-ESA develops and submits to client a scope of work proposal. The proposal will contain the following at a minimum:

1) List of Species of Concern (SOC) for the county(ies) involved, the level of protection provided at both the state and federal level for each listed species, and the expected status of each species on the property (unlikely, possible, probable).

2) Cost estimate for performing pre-construction risk assessment based upon Texas Parks & Wildlife Department (TPWD) voluntary guidelines. These guidelines currently recommend the following:

Minimum of two years of pre-construction avian risk assessment surveys in all areas of the state that have no existing wind power projects nearby. If the property can be shown to be environmentally benign due to extensive disturbance such as mineral extraction or agricultural use, and does not have nearby features of environmental concern such as bat roosts or important migratory stopover locations, the time may be reduced to one year.

Minimum of seven months of pre-construction bat monitoring (April through October).

If other wind power facilities exist in the general project area, and if sufficient data about those projects are available, the length and intensity of recommended pre-construction assessment activities may be reduced.

There is no charge for the scope of work proposal, although the proposal will typically contain proprietary information of TX-ESA that cannot be released to third parties.

THE PROCESS

The chronological order of the next recommended steps is partially driven by the magnitude of the project. TX-ESA strongly recommends early and regular communication with the designated representatives of the regulatory agencies, TPWD and FWS. Such communication throughout the project development results in a cooperative bond that minimizes confrontation if environmental problems emerge. Any requisite mitigation becomes easier and cheaper to implement.

For smaller projects on benign property, the submitted proposal will usually contain enough detail to take to the designated representatives of the regulatory agencies. This is typically done in a face to face meeting with the agency representatives, a client representative, and a TX-ESA representative. The schedule can often be arranged to have both agencies represented at the same meeting. The scope of work is discussed with the representatives, their input is solicited, and a verbal agreement on the voluntary scope of work is reached. At the request of the client, each agency will send a letter to the client stating in writing what was verbally agreed in the meeting. TX-ESA will bill for travel expenses and compensation for participation in this initial meeting.

For larger projects or those that have potential environmental concerns, TX-ESA recommends a site visit in advance preparation for the regulator meeting. During the site visit TX-ESA will ground truth all survey points, identify and spatially define potential environmental concerns, and perform initial habitat identification for any potential species of concern.

TX-ESA prefers to work with fixed price contracts, and to invoice monthly for the work completed during the month. The fixed price includes the following at a minimum:

1) Performance of all field work as defined in the scope of work contract.

Diurnal avian point counts are the primary survey method used on all projects. Depending upon the characteristics of the property survey points are established 1/2 to 1 mile apart. Each point is surveyed for ten minutes, and all birds heard or seen during that period are recorded in one of three categories: Perched (includes heard only birds), flying, and flying in the Rotor Swept Area (RSA). (Note: Heavily forested areas, such as in Pennsylvania would more typically require 20 minutes at each survey point. Such conditions do not exist in the wind resource areas of Texas.) The RSA observations are used to compute the strike risk. The cost varies considerably, depending upon the number of points and the ease of travel between points. Some properties may require the use of a UTV to perform the surveys.

TX-ESA also recommends conducting nighttime monitoring with infrared cameras and/or radar systems. TX-ESA’s radar systems of choice are those developed by DeTect, Inc. Deployment of a system similar in function and capability of DeTect’s Merlin and/or Vesper systems can preclude the need for deploying infrared cameras.

TX-ESA utilizes ultrasonic bat detectors to collect data on bat species diversity and the relative intensity of bat activity. The detectors are deployed in pairs. The number of pairs per project is driven by the size and location of the site. The analysis of the vocalizations is subcontracted to bat vocalization experts.

2) Periodic informal progress reports not including any data analysis. Any observations that could potentially have a negative impact on the project are reported as soon as practical.

3) A final written report to include the quantitative analysis of collected data expressed in terms of avian strike risk, and an assessment of the bat species diversity and relative intensity of activity.

Other items that may be included are:

Environmental Impact Statements (EIS) as required.

Threatened/Endangered species surveys, including detailed habitat assessments. TX-ESA is federally permitted to conduct such surveys on any federally listed species that might be found on a given site in Texas. Of particular interest regarding wind power are the Lesser Prairie Chicken in the Texas panhandle, Black-capped Vireo in the Edwards Plateau and Pecos River area, The Golden-cheeked Warbler in the Edwards Plateau area, and the Whooping Crane in its migratory flight path through central Texas (and Oklahoma). The Ocelot is often mentioned regarding projects in South Texas, but is unlikely to be an issue. TX-ESA is experienced in assessing habitat for the Ocelot. Other Species of Concern are more localized, and, if present, are typically easily mitigated.

Suggested mitigation strategies for any species of concern that may be present.

Wetlands delineation. TX-ESA can perform wetlands delineation to Corps of Engineers standards, but does not currently offer specific permitting assistance.

Interim formal written reports, including data analysis.

Additional activities not specified in the scope of work, such as participation in meetings, are billed separately.

MISCELLANEOUS CONSIDERATIONS

Many land owners in Texas lease part of their property for hunting. TX-ESA is experienced in working with the land owners to coordinate survey activity in a manner to not interfere with the lease holders’ activities while maintaining the integrity of the assessment goals.

Wind power sites in some locations of Texas can be controversial. TX-ESA often communicates with responsible stakeholders to identify and address local concerns. TX-ESA personnel enjoy the respect of the environmental community, minimizing opposition.

TX-ESA maintains requisite general liability and worker’s compensation insurance, and assumes primary responsibility for the safety of its personnel.