New York State Department of Environmental Conservation

Division of Fish, Wildlife and Marine Resources - Special Licenses Unit

625 Broadway
Albany, NY 12233-4752
Phone Number (518) 402-8985
Fax Number: (518) 402-8925

NEW YORK STATE FISH AND WILDLIFE LICENSE

License Type: Endangered/Threatened Species: General

License Number: 192

Licensee:
THOMAS L HAGNER
UPSTATE NEW YORK POWER CORP
950-A UNION ROAD SUITE 20
Fee Amount: $.00

WEST SENECA, NY 14224-3454

Effective Date: 03/16/2010

Expiration Date: 03/31/2040
Region: 6

County: JEFFERSON

Home Phone Number:

DOB:

1/1/1901

Business Phone Number: (716) 675-0751

Statutory Authority:
6NYCRR

Part 175

ECL

11-0535

6NYCRR

Part 182

Conditions:
1.

This license is required because the New York State Department of Environmental Conservation (Department) has determined that the
project proposed by the licensee may result in a take or taking of the following species listed as endangered or threatened species
pursuant to Environmental Conservation Law section 11-0535 and 6 NYCRR Part 182: Short-eared Owl (Asio flammeus); Bald Eagle
(Haliaeetus leucocephalus); Northern Harrier (Circus cyaneus); and/or Upland Sandpiper (Bartramia longicauda). The take of listed bird
species incidental to the activities proposed by the licensee, may occur through direct killing, harassment or disturbance of individual
birds, destruction of birds nests or the destruction or adverse modification of breeding, roosting and/or foraging habitats during
construction, operation and maintenance of the proposed wind project.
The Department has determined that compliance with all mitigation measures and conditions in this license will result in a net
conservation benefit to the threatened and endangered bird species, identified herein. This determination is based upon the permanent
protection by the applicant of at least 250 acres of grassland habitat to be managed for 30 years for the benefit of grassland bird species,
the permanent protection by the applicant of at least 25 acres of Bald Eagle breeding habitat, the use of non-toxic shot on the Project
Site, the implementation of a deer management program on the Project Site, the expected utility of the information to be provided from
the post-project impact study to birds and bats in avoiding, reducing and mitigating take of listed species on future projects and the
additional actions specified in the conditions below that will be required if specific types of take occur. These actions taken in total will
provide a net conservation benefit for the affected listed species that are taken as a result of the adverse modification of 58 acres
(southern grassland area) of occupied habitat within the PROJECT SITE and the potential impacts on these listed species arising from
the maintenance and operation of the facility once built.
In developing this license, the Department has reviewed and considered the following documents:
Draft Environmental Impact Statement (DEIS) for the Hounsfield Wind Farm, issued February 27, 2009.
Final Environmental Impact Statement (FEIS) for the Hounsfield Wind Farm, issued December 23, 2009.
Joint Application for Permit for the Hounsfield Wind Farm Project, January 2010, C&S Engineers, Inc.
Endangered/Threatened Species License Application, Supplemental Material, Upstate NY Power Corp., February 10, 2010.
DEC SEQR Findings Statement issued March 3, 2010.

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New York State Department of Environmental Conservation

Division of Fish, Wildlife and Marine Resources - Special Licenses Unit
625 Broadway
Albany, NY 12233-4752
Phone Number (518) 402-8985
Fax Number: (518) 402-8925

NEW YORK STATE FISH AND WILDLIFE LICENSE

Conditions:
2.

For purposes of this license, the PROJECT SITE, located in the Town of Hounsfield, County of Jefferson, New York, shall be the areas
as outlined and identified as the Project Layout on the map attached hereto and marked as Figure 1 in the Hounsfield Wind Farm
Endangered/Threatened Species License Application, Supplemental Material, February 10, 2010, Upstate NY Power Corp. (attachment
A). The PROJECT SITE includes only the island-portion of the 82 Wind Turbine Generator (246 MV) electric generation facility proposed
for construction, by the licensee, on Galloo Island.
Subject to the terms and conditions listed herein, the licensee and/or designated agents are authorized to:
A. Conduct construction, operation, maintenance and monitoring activities on the PROJECT SITE.
B. Incidental to the construction and operation activities authorized by this license, to take Short-eared Owl, Northern Harrier, Upland
Sandpiper and/or Bald Eagle through harassment, disturbance, or the destruction or adverse modification of breeding, roosting and/or
foraging habitats.
C. Incidental to the construction and operation activities authorized by this license , the licensee is authorized to take by: killing, injuring
or damaging up to two individuals or nests (excluding Bald Eagle nests) of each of the following four species: Short-eared Owl, Northern
Harrier, Upland Sandpiper, and/or Bald Eagle totaled over the duration of the permit.
D. The licensee is responsible for determining if any other Federal or State permits are also required for any activities authorized in this
license. If additional permits are required, the licensee shall obtain said permit(s) prior to undertaking the activities authorized in this
license.
Please read all license conditions BEFORE conducting any activity pursuant to this license.

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New York State Department of Environmental Conservation

Division of Fish, Wildlife and Marine Resources - Special Licenses Unit
625 Broadway
Albany, NY 12233-4752
Phone Number (518) 402-8985
Fax Number: (518) 402-8925

NEW YORK STATE FISH AND WILDLIFE LICENSE

Conditions:
3.

A. The licensee shall ensure that the described proposed project components, including all mitigation measures delineated below, will
occur as planned prior to operational start up of the project and documented in their application on file with the Special Licenses Unit and
all supporting documents referenced therein.
B. The licensee is only authorized to conduct clearing, grading, ground disturbance and mowing activities in the vicinity of Wind Turbine
Generators #1, #4, #7 and #8 as in Figure 2 Hounsfield Wind Farm Endangered/Threatened Species License Application, Supplemental
Material, February 10, 2010, Upstate NY Power Corp.(attachment B) and the northern grassland area identified in Figure 2 in the 2009
Breeding Bird Study of Galloo Island, Jefferson County, NY, October 2009, Old Bird, Inc. (attachment C), between August16th and April
22nd ("the Authorized Time Period"). Removal of grassland habitat within the PROJECT SITE during any time other than the Authorized
Time Period may be authorized by the regional Department Natural Resource Supervisor. Approval will require a Department approved
bird biologist/ornithologist , provided by the licensee, to be present on site at all times while grassland habitat is being removed to
monitor for the presence of threatened or endangered bird species.
C. Excluding Bald Eagles, if any active nests of threatened or endangered bird species identified herein are discovered within an active
construction, ground clearing or grading site, the regional NYSDEC Natural Resource Supervisor will be notified and the nest site will be
marked. An area of at least 100 feet in diameter around the nest will be avoided until notice to continue construction at that site is
granted by the regional NYSDEC Natural Resource Supervisor. If a Bald Eagle nest is located, the regional NYSDEC Natural Resource
Supervisor will be notified prior to any disturbance of the nest or immediate area, and an area 750 feet in radius from the nest tree will be
posted and avoided until notice to continue construction at that site is granted by the regional NYSDEC Natural Resource Supervisor.
The nest tree will not be approached under any circumstances unless authorized by the regional NYSDEC Natural Resource Supervisor.
D. During the construction and as outlined in the post construction survey plan, the licensee shall maintain a record of all observations of
threatened or endangered bird species that shall include the following information: species, observation date and time, geographic
coordinates of location where the bird was observed and bird behavior observed.
E. During the term of this license, if any dead, injured or damaged NYS listed threatened or endangered species or nests thereof are
discovered by the licensee, or their designated agents, the licensee shall immediately contact the regional NYSDEC Natural Resource
Supervisor to arrange for recovery and transfer of the specimen(s). The licensee shall record: species, the date the animal or nest was
discovered, the location of discovery, the name(s) of any person(s) involved with the mortality/injury, and, if known, an explanation of how
the mortality/injury occurred. This record shall be kept with the container holding the specimen and given to the Department at the time of
transfer.
F. During the term of this license, if greater than two individuals or nests (excluding Bald Eagle nests) of each of the following four
species Short-eared Owl, Northern Harrier, Upland Sandpiper and/or Bald Eagle thereof are killed, injured or damaged, the licensee
will immediately contact the regional Natural Resource Supervisor to re-evaluate the conditions of this license with regard to additional
avoidance and mitigation measures. To address such documented listed species take, amended conditions can include, but are not
limited to, at the discretion of the Department : adjusting the Projects operational time-table at one or more turbines to accomplish
avoidance or minimization of such take; incorporating curtailment or feathering at one or more turbines during low wind nights, cloudy
and/or rainy nights, courtship displays, or at other times due to potentially increased risk to listed species; and/or the acquisition or
permanent protection of additional MITIGATION LANDs (defined further below).
G. During construction, any temporary modifications to the Northern grassland habitat as identified in Figure 2 in the 2009 Breeding Bird
Study of Galloo Island, Jefferson County, NY, October 2009, Old Bird, Inc. (attachment C), will be restored to quality grassland habitat.
H. The licensee will conduct post construction monitoring surveys as approved by the Department. These surveys will measure the
impacts of the construction and operation of the project on birds and bats. The post construction surveys include a three-year collision
fatality survey, a three year bird habituation and avoidance study and a winter raptor study. The fatality study will encompass searches
for bird and bat carcasses at turbines to estimate impacts. The habituation and avoidance study will recreate the pre-construction diurnal
movement and breeding bird surveys to estimate how the presence of turbines has impacted the use of the area by birds. A
post-construction winter raptor study will also be conducted to compare winter raptor use of the island to baseline data collected and
included in the DEIS/FEIS. The Department reserves the right to require operational controls as necessary to address any
circumstances involving elevated bird or bat mortality or mortality that involves a federal or state-listed threatened or endangered species
that exceeds the parameters of this authorization.
I. Pale swallow-wort control will be conducted on the island to minimize its distribution and abundance with the intent to enhance
grassland habitat in accordance with the Invasive Species management plan and the final Pale Swallow-wort management plan.
J. Post construction, the licensee will facilitate the management of the islands White-Tailed Deer (Odocoileus virginianus) population to
reduce the availability of deer carcasses that serve as an attractant to eagles and potentially expose them to mortality associated with
the wind turbines or to deer carcasses that may contain lead fragments toxic to eagles. The licensees deer management program will
be subject to approval by the regional NYSDEC Natural Resource Supervisor prior to its implementation. As part of the implementation
of the deer management program on the Project Site the licensee will ensure that only non-toxic ammunition is used to shoot deer and
reasonable efforts made to collect all deer carcasses for processing and consumption, donated to a local venison donation program,
placed in a carcass composting facility or immediately buried, so not to be visible or available to scavenging eagles.

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New York State Department of Environmental Conservation

Division of Fish, Wildlife and Marine Resources - Special Licenses Unit
625 Broadway
Albany, NY 12233-4752
Phone Number (518) 402-8985
Fax Number: (518) 402-8925

NEW YORK STATE FISH AND WILDLIFE LICENSE

Conditions:
4.

A. The licensee agrees to create, enhance and/or preserve through a conservation easement or purchase in fee title (at their expense) a
minimum of 275 acres of MITIGATION LANDS. The licensee will work with the Department and local conservation organizations to
identify suitable habitat. These lands are intended to offset unavoidable impacts to the four listed bird species resulting from construction
and operation of the Project. The Department has the right to final approval of any MITIGATION LANDS to be acquired by the licensee
and their associated management plans.
i. A minimum of 250 acres of MITIGATION LANDS will be acquired and managed for 30 years to benefit grassland bird species. The
MITIGATION LANDS for grassland birds may include but not be limited to lands that are currently in succession to shrublands, or
abandoned agricultural lands no longer of value to grassland birds, where restoration or management would allow these lands to convert
to quality grassland habitat. These lands may be secured in one large parcel, or as a group of parcels, no smaller than fifty acres.
ii. A minimum of 25 acres of MITIGATION LANDS consisting of active Bald Eagle nesting habitat within New York State including the
nest tree will be acquired to benefit Bald Eagles.
B. The Department and their representatives shall have access to the PROJECT SITE and all MITIGATION LANDS for future research
and monitoring.
C. Prior to conducting any activity pursuant to this license, the Licensee shall provide to the Department a Performance Bond naming
the Licensee as Principal, and the Department as Obligee, in the amount of $1,347,500 representing 150% of the estimated cost of
acquisition, restoration, and management for the MITIGATION LANDS. The Performance Bond shall guarantee the costs of the
assessments required by Condition 4.A. of this license. The Performance Bond shall remain in full force and effect until the applicant
completes the mitigation as outlined in this license to the satisfaction of the Department. The Department may approve a reduction of
the overall amount of the performance bond as portions of the mitigation plan are implemented. If the Performance Bond is cancelled by
the Insurance Company, the licensee shall notify the Department immediately and within five business days of notification the licensee
shall provide a replacement bond or a Department approved bond substitute.
In the event that the Department determines, in the Department's sole discretion, that the Licensee has failed to timely and fully comply
with Condition 4.A. of this license, the Department may serve by certified mail, return receipt requested, upon the Licensee, with a copy
to the Insurance Company holding the Performance Bond, a Notice of Noncompliance setting forth the nature of the violation(s) and a
demand for payment of the full amount of the Performance Bond. The Insurance Company shall make full payment to the Department in
the amount demanded by the Department. The Department will deposit the monies in the Departments Financial Security Fund solely
for the purposes of completion and payment for the requirements of Condition 4.A. of this license.

5.

ADDITIONAL LICENSE REQUIRMENTS

A. The licensee assumes all liability and responsibility for any activities conducted under the authority of this license or any actions
resulting from activities authorized by the license.
B. This license is subject to 6 NYCRR Part 175 and may be revoked for any of the following reasons:
i. licensee provided materially false or inaccurate statements in his or her application, supporting documentation or on required reports;
ii. failure by the licensee to comply with any terms or conditions of this license;
iii. licensee exceeds the scope of the purpose or activities described in his or her application for this license;
iv. licensee fails to comply with any provisions of the NYS Environmental Conservation Law, any other State or Federal laws or
regulations of the Department directly related to the licensed activity;
v. as otherwise provided for in 6 NYCRR Part 175.
C. A valid license will be required during the construction and operational time period of the Project and the renewal of this license will
be the responsibility of the licensee. The Department will re-evaluate the conditions of this license at the time of renewal and adjust them
as deemed necessary.
D. The licensee is authorized to designate agents to conduct activities authorized by this license. The licensee is responsible for all
actions taken by designated agents.
E. In the event that the licensee is unable to complete the activities authorized herein before the license expiration date, the licensee may
apply to the Department for an extension of the license.
F. This license shall not be transferred, sold or otherwise given to any other party.

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