WILDLIFE SITING GUIDELINES FOR SASKATCHEWAN WIND ENERGY PROJECTS

Transcription

1 WILDLIFE SITING GUIDELINES FOR SASKATCHEWAN WIND ENERGY PROJECTS Saskatchewan Mnstry of Envronment No FWB 01 May 2017 Fsh and Wldlfe Branch Mnstry of Envronment 3211 Albert Street Regna, Saskatchewan S4S 5W6

2 WILDLIFE SITING GUIDELINES FOR SASKATCHEWAN WIND ENERGY PROJECTS PUBLISHED BY: SUGGESTED CITATION FOR THIS MANUAL Saskatchewan Mnstry of Envronment Wldlfe Stng Gudelnes for Saskatchewan Wnd Energy Projects. Report No FWB 01. Saskatchewan Mnstry of Envronment, 3211 Albert Street, Regna, Saskatchewan. 10 pp. ACKNOWLEDGEMENTS Alberta s Envronment and Sustanable Resource Development Mnstry s gratefully acknowledged for provdng ts Senstve Speces Inventory Gudelnes Aprl 2013 document and ts permsson to adapt the gudelnes for Saskatchewan. The document provded a base reference and content source for personnel conductng respectve speces surveys n Saskatchewan. COVER PHOTO CREDITS Mnstry of Envronment CONTACT For more nformaton, please contact our Clent Servce Offce: Emal: centre.nqury@gov.sk.ca Phone (toll free n North Amerca): Phone (Regna): COPYRIGHT Brand and product names mentoned n ths document are trademarks or regstered trademarks of ther respectve holders. Use of brand names does not consttute an endorsement. Except as noted, all llustratons are copyrght 2016, Mnstry of Envronment.

3 Table of Contents POLICY OVERVIEW Intent Prncples Scope and Applcaton Regulatory Framework... 2 BENEFITS AND RISKS OF WEPS Benefts of Wnd Energy Development n Saskatchewan Rsks to Wldlfe: Collsons wth Wnd Turbne Generators (WTGs) Rsks to Wldlfe: Dsturbance and Dsplacement of Speces (Includng Speces at Rsk) Rsks to Wldlfe: Habtat Loss and Dsturbance... 4 GUIDELINES Avodance Zones Pre-constructon Plannng and Surveys Ste level consderatons to further avod mpacts on wldlfe and habtat Infrastructure Desgn Consderatons... 8 FUTURE GUIDANCE: COMPENSATORY MITIGATION, POST-CONSTRUCTION MONITORING AND ADAPTIVE MANAGEMENT... 9 EVOLUTION OF WILDLIFE SITING GUIDELINES FOR SASKATCHEWAN WIND ENERGY PROJECTS... 9 Appendx A. Wnd Energy Project Avodance Zones...

4 POLICY OVERVIEW 1.1 Intent These gudelnes provde advce to proponents on stng consderatons for wnd energy projects (WEPs). In 2015, the Government of Saskatchewan announced a target of 50 per cent renewable energy generaton capacty by 2030, sgnfcantly relyng on wnd energy. The Mnstry of Envronment consulted wth SaskPower on the development of these gudelnes to assst wnd energy developers n choosng locatons that lmt potental mpacts to wldlfe speces and bodversty. Ths gudance supports responsble development of wnd energy n Saskatchewan. These stng gudelnes may assst wnd energy proponents to enhance envronmental performance, avod envronmental rsks and assocated labltes, expedte envronmental approvals, and reduce costs assocated wth operatonal restrctons or other measures possbly requred to manage preventable mpacts on bodversty. Good mtgaton plannng alone does not remove the proponent s responsblty to ensure complance wth federal and provncal statutes. Snce avodance and mnmzaton are rsk reducton approaches encouraged by the Government of Canada, followng the gudance may reduce the lkelhood of nterventon or legal acton under the federal Mgratory Brd Conventon Act or the Speces at Rsk Act. Impact avodance through proper stng and pre-project plannng s only one element of the proponent s broader envronmental management efforts. 1.2 Prncples These gudelnes are based upon Mnstry of Envronment prncples favourng: ) an outcomes-based approach to development approvals that encourages proponent nnovaton and enables nformed busness decsons based on envronmental rsk. ) a herarchcal approach to mpact mtgaton, wheren development mpacts are managed through a step-wse progresson of actons to avod, mnmze and offset adverse effects (Box 1). ) precautonary adaptve management approaches, whereby development approvals are mplemented based on the best avalable nformaton, subsequent outcomes are systematcally montored, and actons are strategcally adjusted to mprove performance over tme. Wnd energy development s relatvely new to Saskatchewan and, consequently, lttle data exsts on the actual mpacts of wnd energy projects at specfc locatons. To manage ths uncertanty, the mnstry recommends an adaptve management approach to facltate sound decson makng. Ths approach nvolves careful plannng and prudent decsons based on best avalable nformaton, montorng and evaluaton to assess the effectveness of varous envronmental management practces, and adaptaton to further optmze mpact mtgaton. Ths process wll nform future management decsons and mprove management effectveness over tme.

5 The deal (and potentally most cost-effectve) mtgaton soluton s avodng and mnmzng adverse mpacts entrely. In realty, ths outcome s not always acheved and adaptve mnmzaton, or even compensatory actons (offsets), may be necessary to balance potental adverse mpacts. Box 1: Desred outcomes of mtgaton: Avod senstve areas through good stng. Use best practces to mnmze operatonal mpacts; the project ste and assocated nfrastructure are reclamed and restored to pre-development functon. Offset resdual mpacts, ncludng landscape dsturbance and fragmentaton effects. Montor outcomes to prove mtgaton actons successful. 1.3 Scope and Applcaton These gudelnes are a plannng and decson-support tool for WEP proponents n Saskatchewan. They set out mnstry standards, expectatons and advce to support stng and early plannng of new WEPs to avod and mnmze bodversty mpacts, and to gude pre-constructon wldlfe and habtat assessment amed at achevng regulatory complance. 1.4 Regulatory Framework These gudelnes complement the Saskatchewan Envronmental Code (code). They algn wth the mnstry s transton to results-based regulaton and outcomes-based approaches that enable acceptable development n balance wth the conservaton and sustanable use of natural resources. Dvergence from these gudelnes s lkely to requre ncreased regulatory scrutny, a more extensve envronmental revew, and may ncrease the potental for publc concern. Wldlfe and ther habtats are protected n Saskatchewan under a combnaton of provncal and federal legslaton ncludng The Envronmental Management and Protecton Act, 2010 (EMPA, 2010), The Envronmental Assessment Act (EAA), The Wldlfe Habtat Protecton Act (WHPA), The Water Securty Agency Act (WSAA), the federal Speces at Rsk Act (SARA), Canadan Envronmental Protecton Act (CEPA), Fsheres Act, and Mgratory Brds Conventon Act (MBCA). Regulatons pursuant to the MBCA provde for the conservaton of mgratory brds and the protecton of ther nests and eggs. Addtonally, SARA prohbts the kllng, harmng or harassng of lsted speces, the damage or destructon of ther resdences, and the destructon of crtcal habtat. The ndvdual or company must comply wth all applcable legslaton at all tmes. The mnstry or other agences responsble for the legslaton may exercse ther powers of enforcement n stuatons of non-complance. The EAA requres that a proponent receves the approval of the Mnster of Envronment (the Mnster) before proceedng wth a development that lkely has sgnfcant envronmental mpacts. The EAA also authorzes Mnsteral Determnatons to be made on whether a project s a development. The

6 Mnsteral Determnaton provdes legal certanty f an envronmental mpact assessment (EIA) s needed. The Act defnes development to mean any project, operaton or actvty, or any alteraton or expanson of any project, operaton or actvty, whch s lkely to: ) have an effect on any unque, rare or endangered feature of the envronment; ) substantally utlze any provncal resource, and n dong so, pre-empt the use, or potental use of that resource for any other purpose; ) cause the emsson of any pollutants or create by products, resdual or waste products whch requre handlng and dsposal n a manner that s not regulated by any other Act or regulaton; v) cause wdespread publc concern because of potental envronmental changes; v) nvolve a new technology that s concerned wth resource utlzaton and that may nduce sgnfcant envronmental change; or v) have a sgnfcant mpact on the envronment or necesstate a further development, whch s lkely to have a sgnfcant mpact on the envronment. WEPs wll be screened by the Mnstry of Envronment s Envronmental Assessment and Stewardshp Branch to determne whether they are developments under the EAA. If WEPs are determned to be developments they wll be requred to conduct an envronmental mpact assessment to dentfy and characterze the potental envronmental mpacts that may occur as a result of the project. If projects are determned not to be developments, an EIA wll not be requred and the Mnstry of Envronment wll ssue a Mnsteral Determnaton that could nclude legally bndng terms and condtons for mtgaton, montorng, mortalty thresholds and anythng else consdered necessary to effectvely regulate the actvtes. All proposed wnd energy projects must undergo an envronmental screenng as descrbed above. Gudance materals for preparaton of a techncal proposal, and nformaton on the process to apply for a Mnsteral Determnaton under the EAA, are avalable on the mnstry s webste and from the Envronmental Assessment and Stewardshp Branch. New WEPs may also be subject to The Plannng and Development Act, 2007 (PDA) and ts assocated regulatons, stng gudelnes for weather and ar defence radar, Transport Canada gudelnes pertanng to developments near aerodromes and/or others. These consderatons are outsde the scope of the current gudelne. Proponents are responsble to comply wth these and other provncal and federal legslaton, regulatons and gudelnes. BENEFITS AND RISKS OF WEPS 2.1 Benefts of Wnd Energy Development n Saskatchewan Saskatchewan has a tremendous wnd energy resource wth the potental to reduce the provnce s greenhouse gas (GHG) emssons from electrcty generaton. Wnd energy also produces electrcty wthout emttng ar pollutants, partculate matter or other wastes. It also requres much less water usage than conventonal power plants. In 2015, the Government of Saskatchewan commtted to greater

7 wnd energy producton as part of a broader plan to expand renewable energy sources n Saskatchewan s electrcty supply. In general, the conservaton communty supports the development of wnd energy. However, all energy sources, ncludng wnd, carry some degree of envronmental rsk. The followng sectons summarze some potental rsks of wnd energy development to wldlfe and ther habtat Rsks to Wldlfe: Collsons wth Wnd Turbne Generators (WTGs) Drect mortalty occurs when brds and bats collde wth WTGs, assocated nfrastructure, or the electrcal transmsson lnes assocated wth WEPs. A range of varables are beleved to affect the measured rates of collson mortaltes ncludng locaton of WTGs, tme of year, clmate and scavenger removal rates. Ste selecton s the key determnant of collson mortalty n brds. Avalable research suggests the rsk of drect mpacts on brds and bats s hgher where WTGs are stuated n proxmty to mgraton corrdors or natural features that attract or concentrate flyng speces (e.g. large rver valleys, and the edge of rdgetops and bluffs). Stagng areas and mgraton stopover stes such as wetlands and lakes are also hgher rsk locatons for collson mortaltes. 2.3 Rsks to Wldlfe: Dsturbance and Dsplacement of Speces (Includng Speces at Rsk) Sensory dsturbance from ncreased nose and lght s assocated wth constructon and operaton of WEPs. Some sources ndcate that dsturbance durng breedng and wnterng may be the most adverse effect of WEPs on brds. These effects may be especally mportant n prare habtat where certan susceptble brd speces breed. Dsplacement effects from wnd turbnes vary among speces, wth some more senstve than others. Delayed effects are more prevalent for speces wth hgh breedng ste fdelty. Experence n other jursdctons ndcates WEP constructon and operaton may result n the drect removal or avodance of prevously-used breedng, roostng and foragng habtat. 2.4 Rsks to Wldlfe: Habtat Loss and Dsturbance Indvdual turbnes need to be spaced wdely to operate effectvely. Ths means WEPs contanng even a small number of ndvdual turbnes can have a substantal footprnt. Habtat loss or degradaton can mpact all speces that utlze the affected area, ncludng those less susceptble to mortalty from collsons wth turbnes. Constructon of roads, towers, turbne pads, and other nfrastructure wthn a WEP can physcally destroy sutable habtat from an mpacted area and/or dsplace speces from otherwse sutable habtat near a WTG or assocated nfrastructure. Natve habtats are partcularly vulnerable to these effects, ncludng fragmentaton of ntact habtat areas nto smaller patches unsutable to sustan populatons of senstve speces. The envronmental costs of these ndrect mpacts may be greater than drect mortalty from collsons wth WTGs. Natve prare s a specal concern n Saskatchewan. Natve prare s unbroken or undsturbed grassland or parkland domnated ( 51 per cent) by perennal natve plant and wldlfe speces. Greater than 80 per cent of natve prare n Saskatchewan has been converted to other uses and ongong loss and fragmentaton of remnant areas contnues. Natve prare provdes crucal habtat for a large number of speces (ncludng Speces at Rsk), and generates mportant ecosystem servces (e.g. eroson protecton,

8 water retenton and fltraton, carbon storage). These ecosystem servces are ncreasngly dffcult to sustan n small resdual patches of natve prare. Once converted to other uses, natve prare s almost mpossble to restore to pre-dsturbance condton and functon. For these reasons, avodance of natve prare s strongly encouraged n all WEP development proposals. GUIDELINES 3.1 Avodance Zones New WEPs wll acheve more balanced economc and envronmental outcomes where they are sted to avod preventable mpacts on wldlfe habtat, brds, bats and other bodversty. Stng new WEPs at hgher-rsk stes may result n approval delays, costly operatonal restrctons or could confer hgher envronmental assessment and complance costs. The Mnstry of Envronment has dentfed WEP avodance zones where the rsk of ecologcal mpacts and/or publc concerns related to WEP development s beleved to be hgh (see Appendx A). The avodance zones nclude: ) A prescrbed buffer of fve klometres around and nclusve of desgnated envronmentally senstve areas ncludng: natonal parks provncal parks Last Mountan Lake Natonal Wldlfe Area Important Brd Areas Western Hemspherc Shorebrd Reserve Network stes Ecologcal reserves Last Mountan Lake North Saskatchewan Rver South Saskatchewan Rver Frenchman Rver Qu Appelle Rver Assnbone Rver ) Areas wthout prescrbed setbacks from desgnated areas ncludng: Fsh and Wldlfe Development Fund lands conservaton easement areas The Wldlfe Habtat Protecton Act lands crtcal habtat for Speces at Rsk Federal Natonal Wldlfe Area Lands outsde Last Mountan Lake NWA Avodance zones are desgned to ad n wnd energy plannng by dentfyng areas consdered to pose hgh rsks to bodversty. Proponents are stll requred to evaluate WEP stng at specfc locatons outsde the avodance zones, as these locaton may stll sgnfcantly mpact wldlfe. Proponents

9 should plan carefully to avod such rsks and must submt a detaled, project-specfc techncal proposal for evaluaton by the mnstry as descrbed n Secton 1.4. In keepng wth ts precautonary adaptve approach, the mnstry wll assess and evaluate the effectveness of the avodance zones, and may adjust these crtera as addtonal WEPs come onlne and new evdence s gathered. The mnstry wll also update plannng materals as new habtat and speces nformaton becomes avalable (e.g. crtcal habtat mappng, predctve speces modellng results, and prare and wetland nventory results, or other relevant new nformaton). 3.2 Pre-constructon Plannng and Surveys There are local dfferences n wldlfe populatons and movement patterns, habtat, area topography, faclty desgn and weather. Accordngly, each proposed development ste s unque and requres detaled evaluaton. Detaled pre-constructon plannng and surveys wll dentfy potental rsks and how they wll be mnmzed early n the plannng process. The followng plannng steps should be followed: ) Search the Saskatchewan Conservaton Data Centre (SKCDC) and other conservaton databases to help determne the presence of hstorcal speces occurrences and habtat features, and to gude speces detecton surveys. Conduct a database search of the project area, plus a one klometre buffer zone surroundng the proposed project footprnt, as well as any areas where expanson of the project footprnt s antcpated. The recommended search area s based upon the maxmum setback dstance lkely to be recommended n the Actvty Restrcton Gudelnes for Senstve Speces (ARGs), avalable n the saskatchewan.ca Publcaton Centre. Both constructon and operaton phases of WEPs are consdered to be n the hgh dsturbance category for the purposes of the ARGs. ) Revew avalable lterature and resources to determne any sgnfcant landscape features that may attract or serve as mportant habtat for wldlfe, ncludng: natve grasslands; areas that attract, funnel or serve as travel corrdors for wldlfe, such as passes, pennsulas, promnent rdges, the tops of steep rver valley breaks, coulees, small mammal colones; wetlands, streams, water bodes and assocated rparan areas; Other natural lands such as woodlands or forest lands WEP stng should seek to avod dsrupton and/or dsturbance of natural lands connectng sgnfcant landscape features. Data searches, lterature searches and ntervews should be conducted to determne land tenure and to evaluate the potental of the proposed project area to mpact habtat for mgratng, wnterng and breedng brds and bats, as well as any Speces at Rsk or other speces contaned n the ARGs.

10 ) Conduct feld nvestgatons to verfy habtat types dentfed n Steps and and to determne any addtonal relevant habtat features. Mnstry of Envronment Fsh, Wldlfe and Lands Branch should be consulted f any part of the project may be located on Crown land. v) Followng consultaton wth the Mnstry of Envronment s Fsh, Wldlfe and Lands Branch Conservaton Standards Specalst, conduct approprate pre-constructon speces detecton surveys wthn the proposed project area and assocated buffer zone. Note that a Research Permt s requred to conduct any pre-constructon speces detecton surveys. Plant and wldlfe surveys must be conducted n all areas of sutable habtat that may be mpacted by the proposed project usng the Mnstry of Envronment Speces Detecton Survey Protocols. Surveys must be conducted by personnel who meet requrements contaned n the Speces Detecton Survey Protocols. If the mnstry does not have a protocol, a Speces Detecton Survey Protocol Template must be completed and submtted to ENV.researchpermt@gov.sk.ca for approval by Fsh, Wldlfe and Lands Branch. Data for all surveys must be submtted n accordance wth requrements contaned n the Conservaton Standards Terms and Condtons. 3.3 Ste level consderatons to further avod mpacts on wldlfe and habtat Avodng bodversty mpacts through proper stng of new WEPs s arguably the most crtcal ngredent n good mtgaton plannng. Avodance zones delneated n Secton 4.1 are consdered hgh-rsk stes. As ndcated above, stng new WEPs n these locatons may result n approval delays, costly operatonal restrctons or could confer hgher envronmental assessment and complance costs. Areas outsde these avodance zones are beleved to be lower rsk stes more suted for wnd energy development. Potental rsks to bodversty may stll be present at stes outsde these avodance zones and proponents are encouraged to conduct approprate ste level assessment to further avod and mnmze potental mpacts. The followng gudance was compled from varous sources ncludng Wnd Turbnes and Brds: A Gudance Document for Envronmental Assessment 1 and s provded to help proponents further assess potental stes for new WEPs: ) Ideally, WEPs should be sted on prevously altered landscapes such as areas of cultvaton, near towns or n urban and ndustral areas; ) Avod stng WEPs n close proxmty to natural lands, such as wetlands, woodlands and grasslands, especally large contguous blocks of habtat and/or n landscapes wth a hgh proporton (e.g. >30 per cent) of natural land n order to reduce rsks to wldlfe that breed, forage and mgrate n and between these areas; ) Avod speces at rsk (SAR) and ther habtat, especally areas wth multple SAR and/or SAR that avod tall structures (e.g. greater sage-grouse); 1 Wnd Turbnes and Brds: A Gudance Document for Envronmental Assessment avalable at

11 v) Avod landscapes that contan brd stagng areas and mgraton corrdors, ncludng areas between brd stagng stes and along major watercourses; v) Avod stes that reconnassance ndcates are typcally used by raptors and bats for foragng or nestng; v) Avod stes used by wldlfe durng crtcal perods such as for breedng and wnterng (e.g. sharptaled grouse leks/breedng grounds, mule deer wnterng habtat). 3.4 Infrastructure Desgn Consderatons Proper desgn of wnd energy projects can help mnmze ste-specfc rsks dentfed durng ste assessment. The followng best practces are most readly ncorporated early n plannng and are therefore ncluded here for stng and desgn consderaton. Ths s not a comprehensve lst; wnd energy development s relatvely new to Saskatchewan and knowledge of potental mpacts and solutons s contnuously evolvng. The effectveness of mnmzaton actons should be systematcally montored and evaluated to ensure they are performng as expected, and to enable adjustments over the lfespan of the project for optmum performance. ) Mnmze roads, fences and other nfrastructure; algn roads to avod habtat destructon and wldlfe dsturbance. Use exstng roads and utlty corrdors to the greatest extent possble wth any new access roads or utlty corrdors confgured to avod crossng natve or other hgh-qualty wldlfe habtats. ) ) v) Implement measures (e.g. automaton) to mnmze human dsturbance at stes once constructon s complete. Use tubular towers rather than lattce towers to mnmze brd perchng and nestng opportuntes. When requred by Transport Canada to nstall lghts for avaton safety, ncorporate the mnmal number of lghts and synchronzed flashes per mnute wth mnmum flash duraton. Lghtng for on-ground facltes should be reduced and down-shelded, and controlled by proxmty sensors wherever possble. v) Where heght of the rotor-swept area creates rsk for wldlfe, adjust tower heghts to reduce rsk of strkes where feasble. v) v) v) Reduce above-ground power lnes to avod strkes and electrocuton of brds. Where ths s not feasble, lnes should be desgned to reduce the potental electrocuton of large brds. In areas of hgh seasonal brd or bat use, where montorng shows a hgh ncdence of strkes, turbne operaton may need to be altered or shut down durng perods of hgh concentraton. Turbnes should be spaced so as not to nhbt brd movement, generally 200 metres or more.

12 x) Where there are hgh numbers of raptors, dscourage use of the mmedate project area by locatng turbnes away from perchng opportuntes, and away from areas of hgh concentratons of prey (e.g. ground squrrel colones). x) Plan to reclam any dsturbed natural lands usng natve speces and approprate methods upon decommssonng, to reduce cumulatve effects and accelerate restoraton of predevelopment functon. FUTURE GUIDANCE: COMPENSATORY MITIGATION, POST-CONSTRUCTION MONITORING AND ADAPTIVE MANAGEMENT Gudance documents are presently under development for compensatory mtgaton, post-constructon montorng and adaptve management requrements. Post-constructon montorng approaches wll algn wth the brd mortalty trackng database beng developed by Envronment and Clmate Change Canada, Brd Studes Canada and CanWEA. CONTINUOUS IMPROVEMENT OF WILDLIFE SITING GUIDELINES FOR SASKATCHEWAN WIND ENERGY PROJECTS Wnd energy development s relatvely new to Saskatchewan and ths gudelne s a frst generaton product devsed usng best avalable nformaton and nput from key stakeholders. In keepng wth an adaptve approach the Mnstry of Envronment wll revew these Gudelnes and the recommended avodance zones n consultaton wth ndustry and envronment groups to further optmze responsble development and protecton of the envronment. Future edtons may nclude enhanced mappng of rsk zones or other tools to assst SaskPower and ndependent power producers to better target development to lower rsk locatons and more readly acheve complance, mtgate potental adverse mpacts and expand responsble producton of wnd energy n the Provnce.

13 Appendx A. Wnd Energy Project Avodance Zones 2 2 Detaled avodance zone map data can be requested from Mnstry of Envronment, Envronmental Assessment and Stewardshp Branch