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HomeMy WebLinkAboutMass Wildlife New England Wind2_Comment CommonwealthWind_17-37398_MEPA_ENF_ November 30, 2022 Bethany Card, Secretary Executive Office of Energy and Environmental Affairs Attention: MEPA Office Alex Strysky, EEA No. 16611 100 Cambridge Street Boston, Massachusetts 02114 Project Name: New England Wind 2 Connector Proponent: Commonwealth Wind LLC Location: Offshore export cables from a proposed 1,232 megawatt (MW) wind generation facility within Federal waters through Massachusetts waters northerly through Nantucket Sound to Dowses Beach, Barnstable (Preferred Route). Onshore routes (Main Street and Old Mill Road Alternatives) from Dowses Beach to a proposed substation off Oak Street, Barnstable. Project Description: Utility- Transmission Cables Document Reviewed: Environmental Notification Form EEA File Number: 16611 NHESP Tracking No.: 17-37398 Dear Secretary Card, The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the Division) has reviewed the Environmental Notification Form (ENF) for the proposed New England Wind 2 (NEW2) Connector and would like to offer the following comments. The Commonwealth Wind offshore and onshore components, as currently proposed, will occur within areas of Priority Habitat and Estimated Habitat for state-listed species. The Preferred Route offshore will occur within key migratory and foraging habitat for the state-listed terns listed below. The Preferred Route onshore at Dowses Beach will occur within nesting habitat for Piping Plover and Least Tern. Additionally, the Old Mill Road Alternative will occur within Priority Habitat for Water Willow Stem Borer. Scientific Name Common Name Taxonomic Group State Status Sterna dougallii Roseate Tern Vertebrate - Bird Endangered* Sterna hirundo Common Tern Vertebrate - Bird Special Concern Sternula antillarum Least Tern Vertebrate - Bird Special Concern Charadrius melodus Piping Plover Vertebrate - Bird Threatened* Papaipema sulphurata Water-willow Stem Borer Invertebrate - Moth Threatened *Species also protected pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). These species and their habitats are protected pursuant to the Massachusetts Endangered Species Act (M.G.L c. 131A) and its implementing regulations (MESA, 321 CMR 10.00). State-listed species habitats are also protected pursuant to the rare wetland wildlife provisions of the Massachusetts Wetlands Protection Act and its implementing regulations (WPA, 310 CMR 10.00). This project will require a direct filing with the Division for compliance with the MESA and the rare species provisions of the WPA. Renewable energy sources, such as offshore wind power, would reduce the reliance upon fossil fuels, provide zero-emissions energy generation, and are necessary to achieve the Commonwealth’s renewable energy requirements. Wind energy generation can have unintended impacts, particularly upon avian species. Thus, the wind energy planning, review and permitting processes must thoroughly and comprehensively assess impacts and risks to imperiled birds – this is particularly critical for imperiled bird populations with existing stressors, including, small population sizes, low reproduction or recruitment rates, and compounding factors related to climate change. Background Massachusetts is a globally significant nesting, feeding, staging and overwintering area for numerous migratory birds, from common waterfowl to ESA-and MESA-listed bird species. A large proportion of the North American Roseate Tern (ESA- & MESA-Endangered) population and Atlantic Coast Piping Plover population (ESA- & MESA-Threatened) are reliant upon Massachusetts for reproduction. As such, Massachusetts’s responsibility for state- and federally-listed coastal waterbirds is disproportionately high. To that end, the Division has expended considerable funds and resources to protect and manage these birds, as well as restore nesting habitat. As a result of management efforts occurring since the 1980s, Massachusetts supports over 740 pairs of Piping Plover (almost 40% of the Atlantic Coast breeding population). The Commonwealth also supports approximately 50% (about 2,200 pairs) of the North American Roseate Tern population on three islands actively managed by the Division since the 1990s (previously managed by other organizations since the 1960s). In addition, the Division manages significant nesting colonies of Common and Least terns. ESA- and MESA-listed terns forage in the waters surrounding Massachusetts during the nesting, staging, and migratory seasons. The post-breeding tern aggregation (“staging”) beaches of Cape Cod, Martha’s Vineyard, and Nantucket are used during July – September. These sites are regionally and continentally important migratory preparation areas where adults care for fledged young until they become proficient at feeding themselves and birds put on body mass for their over-sea journey to wintering areas in South America. These staging areas appear to support a majority if not all the North American Roseate Tern population (Jedrey et al. 2010).  Onshore Components The Preferred Alternative for onshore components, including, cable route, new substation site and proposed substation off Oak Street, Barnstable primarily avoid areas identified as Priority and Estimated Habitat for state-listed species. However, there are two exceptions: the proposed cable landfall location at Dowses Beach and the conduit installation at Bumps River Road (Old Mill Road Alternative) are located within Priority Habitat for state-listed species. The proposed cable landfall at Barnstable’s Dowses Beach provides important nesting habitat for the Piping Plover and Least Tern. Additionally, the beaches within larger Centerville Harbor provide nesting, feeding and staging habitat for state-listed terns species. The ENF identifies that the onshore transmission cable route for the Old Mill Road Alternative is located entirely within public roadway layouts. The Division notes that the conduit installation at Bumps River Road (Old Mill Road Alternative) may qualify for an exemption from the MESA pursuant to 321 CMR 10.14(10). Within the ENF, the Proponent references a Piping Plover Protection Plan that was approved for the Vineyard Wind Connector 1 (EEA #15787) project. The cable landing location associated with Commonwealth Wind/ NEW2 Connector is proposed at Dowses Beach, Barnstable. Dowses Beach is nesting habitat for both Piping Plover and Least Tern. Thus, at this time and without site specific details regarding construction and restoration timelines, temporary impacts, etc., the Division cannot to assess whether the Piping Plover Protection Plan would be adequate and sufficient to avoid both temporary and permanent impacts to state-listed plovers and terns as well as their habitats. Offshore Components Based on the information provided within the ENF, the offshore cable installation process is anticipated to impact up to 183 acres of wetlands in state waters. The impacts associated with the cable installation in state waters are described as temporary impacts. For context, the Proponent provides an overview of the Commonwealth Wind Project located within both state and federal waters (ENF Attachment A, Section 2). As the inter-array cables, foundations, wind turbine generators (WTG’s) and other components of the Commonwealth Wind (1,232 MW) project are located within federal waters, the Division anticipates providing comments through the Bureau of Ocean Energy Management (BOEM) National Environmental Policy Act (NEPA) process or coordinating through the Office of Coastal Zone Management Federal Consistency process, as appropriate. However, given the Division’s responsibility of managing and protecting ESA- & MESA-listed avian species and the importance of Massachusetts both nationally and continentally, the Division would like to offer the following comments relative to offshore components. Acknowledged in BOEM’s Supplemental Draft Environmental Impact Statement (SDEIS) for Vineyard Wind 1, the construction and operation of wind turbine generators is expected to result in direct mortality of Common Tern, a MESA-listed avian species. Thus, cumulative impacts to MESA-listed species associated with Park City Wind (New England Connector 1) and now Commonwealth Wind (New England Connector 2) can also reasonably be expected. As previously identified, a large proportion of the North American Roseate Tern population is reliant upon Massachusetts for nesting (primarily, on Bird, Ram & Penikese Islands managed by the Division). Massachusetts breeding Roseate Terns and those that breed in New York (Great Gull Island) convene in Massachusetts waters during the staging period (July - September) prior to migrating south. Thus, in addition to Common Terns, and because a large proportion of the population of this imperiled avian species is likely to forage within and travel through the Vineyard Wind Lease Area, wind turbine generators (WTGs) are also anticipated to result in direct mortality to Roseate Terns and other avian species (e.g., Least Tern and Piping Plover). Therefore, the Proponent should consult with the Division to develop and integrate suitable conservation measures to mitigate unavoidable project impacts to affected imperiled avian species associated with Vineyard Wind 1, Park City Wind, and now also Commonwealth Wind. Conservation measures may include, but are not limited to, support for ongoing tern colony and plover monitoring and management and the restoration and enhancement of critical nesting habitats. These actions would provide meaningful and measurable benefits to the Roseate Tern and because terns typically nest in mixed species colonies, would also benefit other avian species. The Division notes, as part of the Secretary’s February 1, 2019 Certificate on the MEPA FEIR for Vineyard Wind Connector 1, it was requested that the Proponent develop a comprehensive post-construction monitoring and adaptive management plan for avian species and support conservation measures that provide meaningful and measurable benefit to these species. To date, the Proponent has not provided such a plan or consulted with the Division regarding mitigative measures, as identified in both the NEPA and MEPA review processes. Conclusion The Proponent should evaluate all alternatives to reduce or minimize impacts to avian species, for both onshore and offshore project components; this is particularly important relative to cumulative impacts from Vineyard Wind Connector 1, New England Wind Connector 1, New England Wind Connector 2 and their associated offshore components (Vineyard Wind 1, Park City Wind, and Commonwealth Wind), and potential future development within the Proponent’s offshore Lease Areas. Given the Division’s responsibility to protect and manage imperiled avian resources, every effort should be made to avoid and minimize risks, as well as monitor and mitigate unavoidable Project impacts to the Commonwealth’s wildlife resources. Through such efforts, we can ensure that offshore wind projects not only contribute to meeting critical renewable energy needs, but also help to ensure healthy populations of coastal waterbirds, including vulnerable MESA and ESA-listed species, for the benefit of our citizens. The Division will not render a final decision until the MEPA review process and associated public and agency comment period is completed, and until all required MESA filing materials are submitted by the Proponent to the Division. As our MESA review is not complete, no alteration to the soil, surface, or vegetation and no work associated with the proposed project shall occur until the Division has made a final determination. If you have any questions about this letter, please contact Amy Hoenig, Endangered Species Review Biologist, at (508) 389-6364 or Amy.Hoenig@mass.gov. We appreciate the opportunity to comment on this project. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Commonwealth Wind LLC Marc Bergeron, Epsilon Associates, Inc. Barnstable Board of Selectmen Barnstable Conservation Commission Barnstable Planning Department DEP Southeast Regional Office, MEPA Lisa Engler, CZM Bob Boeri, CZM References Jedrey, E. L., R. J. Harris, and E. A. Ray. 2010. Roseate Terns— citizens of the world: the Canada to Cape Cod connection. Bird Observer 38:146-150.