Public Comment on Proposed Kilgore Turbine Project

Comments on BSH Kilgore L.L.C. Request for Conditional Use Permit

Read before zoning board at public hearing

Valentine courthouse; May 23, 2016

The following are items of concern in reference to both permit planning and zoning actions regarding the permit request– both of which this board are required to consider.

1) Wetlands

Only the U.S. Army Corps of Engineers can be a legal decision on the regulation and jurisdiction of wetlands; the CUP is limited only to what was gathered by Olsson Associates, without any Corps review or acceptance of findings.

2) Endangered Species Act - U.S. Fish and Wildlife Service

There should be a letter available from FWS in regards to the status of threatened and endangered species, including the American Burying Beetle (as seen on the project site) nor on potential impact on the Whooping Crane; this is a public document nearly always done in association with large scale project

3) Migratory Bird Treaty Act

In comparison to a review prepared by FWS for a single wireless tower at Crookston, this CUP application does not address: a) need to avoid work activity between February 1 to July 15 that would avoid impacts to nests, eggs or young. FWS generally recommends no removal or impact to vegetation during this period. If construction should occur, the agency recommends that a "qualified biologist" conduct a pre-construction risk assessment. If applicable conditions apply, the FWS requests:

• a copy of any survey for migratory birds;
  
• written description of specific work activities that will take place; and
  
• written description of any avoidance measures than can be implemented to avoid the take of migratory birds.
  

The project developer is also responsible for any take of migratory birds through action of the turbines. Fines can be assessed by the federal government for the death of any migratory species protected through this act. Civil lawsuits can also be filed.

4) Structure Lighting

There is no mention of the type of lighting that will occur at substation buildings (needs to be either down-lighting or motion-detecting, according to FWS).

5) Bald and Golden Eagle Act

A federal permit is required for incidental take of any eagles. Whether or not a permit will be required is not clear, according to FWS? However, "the take of an eagle without a permit is a violation of the Bald and Golden Eagle Protection Act as well as the Migratory Bird Treaty Act, and could result in prosecution," according to a FWS official. ... "Should the project pose a great enough level of risk of taking eagles, as identified in the processes contained in the Wind Energy Guidelines and Eagle Conservation Plan Guidance, we may recommend that the project be modified to reduce the risk to eagles or not be built at that location."

6) Nebraska Game and Parks – Threatened and Endangered Species

What review has been done to meet state review requirements (i.e., American Burying Beetle, Western Prairie Fringed Orchard, Whooping Crane).

7) National Historic Preservation Act

Needed is a required legal determination on potential occurrence of cultural resources as prepared by qualified archeologist and to be in compliance with Section 108 regulations.

8) Land Ownership Memorandum

Exhibit B of the CUP application indicates that a copy of the relevant memorandum of agreement will be on file. The Rothleutner Family Limited Partnership is listed with the legal description of affected property, yet there is no agreement document on public file as of 9 a.m., May 23rd. The application is therefore conveying erroneous information.

Summary

Each of these reviews would be associated with public agencies. Any communications – including letters, emails, documents, etc. – are information that must be made available through any Freedom of Information Act request(s). Public information is not proprietary, and may not – according to standard law decrees - be withheld from public availability.

The U.S. Fish and Wildlife Service has not responded to a FOIA request for documents made more than two weeks ago, indicating the FWS is complicit in the failure to provide public documents.

Building Setback Addendum

There is no known scientific basis for having a 1000 foot setback as indicated within the permit application, except that the figure was commonly used many years ago and then apparently copied for use by others. Vestas has been quoted to say: "Do not stay within a radius of 400 meters (1,300 feet) from an operating turbine unless it is necessary." In 2014, Ohio set the distance at 1125 feet from the tip of the turbine blade. In 2014, Newport, North Carolina established a setback distance of 5000 feet. Some places that require a setback distance of 2,500 feet or more are now increasingly common.

The most modern figures, including figures derived from scientific comparisons and studies indicate that those proposed for the BSH-Kilgore project are insufficient.

Some minor typographic errors have been corrected from the submitted comments.

Prescribed Burns at Fort Niobrara NWR

Prescribed burns to benefit plants and animals of wild lands habitat at Fort Niobrara National Wildlife Refuge ended in early May, after the first set fire on March 28th.

There were four burns in 2016 comprising about 1572 acres, said Steven A. Hicks, the project leader of the Fort Niobrara/Valentine NWR complex.

“The burns are conducted as a habitat management tool,” Hicks said. Fire is used to “control invasive eastern red cedar trees and reinvigorate many fire adapted grassland plant species,” Hicks said. Other management objectives for refuge lands are met through the use of prescribed burns.

Fire as a controlled management tool is most prevalent on the upland grassland areas of the refuge, east of Valentine.

An occasional burn is done to “benefit fire tolerant/dependent tree species” in the Niobrara River valley, especially the paper bark birch (Betula papyrifera), Hicks said. These burns extend from the upland grasslands along the valley ridge, and down to the Niobrara river.

One woodland burn in 2016 extended from approximately the Buffalo Bridge Wilderness access trail, downstream to the Tyler Falls area, and south to the county road, Hicks said. A valley area burned in 2015 was along the river from Tyler Falls and eastward about one mile.

Benefits to wildbirds was prominent after an April burn. Many Long-billed Curlew (Numenius americanus) were especially noted to forage at freshly burned grassland during late April, Hicks said.

Prescribed burns were done this season by Fish and Wildlife Service staff from the refuge complex and from elsewhere in Nebraska and surrounding states, Hicks said. Partners for the spring 2016 burns included the U.S. Forest Service from Fort Pierre National Grassland in South Dakota and Bessey Ranger District by Halsey, the National Park Service from Valentine and U.S. Bureau of Land Management from Utah.

“Partnering on these burns help us combine resources to efficiently complete a burn that we might not be able to do alone." Hicks said. "We also get to know each other which helps us work better together in the event of a wildfire."

“We also partnered again this spring with The Nature Conservancy in an annual training exchange to accomplish prescribed burns,” Hicks said.

Celebrate Bird Month at Valentine

The occurrence of a large variety of birds during the first ten days of May in the Valentine vicinity are indicative why it is bird month in Nebraska.

With a nice variety of habitats within Valentine and especially north at the mill pond and city park vicinity, as well as the fish hatchery and government canyon, there is always lively bird activity to observe. It's certainly a fine time to do some listening and watching in the outdoors.

There have been 61 species observed at these various places through May 10th.

Waterfowl prevail at the mill pond, with a few broods of the Canada Goose that are getting bigger since their hatching several days ago. Also present are the resident Wood Duck and visitors such as the Blue-winged Teal and Northern Shoveler. Also present include the numerous Red-winged Blackbird claiming a bit of cattail habitat, with just a few Yellow-headed Blackbird heard. At various times, the Turkey Vulture (at least 12 now residing) and Northern Rough-winged Swallow can be seen floating or foraging in the airspace. A Western Osprey was an inerrant visitor. Among the trees and shrubs are the House Wren and Northern Cardinal, with the Brown Thrasher and Grey Catbird arriving a few days into the month. Killdeer continue their presence.

Eastern Phoebe occur along Minnechaduza creek, as does the Belted Kingfisher that eats fish. The Spotted Towhee can be heard at the pond and along the north ridge where there is shrubby habitat.

Ubiquitous within the city and northward, are numerous Eurasian Collared Dove. Mourning Dove occur to a much lesser extent. House Finch have a wide-spread occurrence and are quite vociferous.

A pair of the Red-tailed Hawk and another of the American Crow are nesting in the north hills. Also present here is a flock of about 15 Wild Turkey, though only 1-3 are usually seen.

Chimney Swift were first seen on the 4th, and daily flit above Main Street and near other places with chimneys.

The types of woodpeckers that generally occur are the Red-bellied Woodpecker, Downy Woodpecker, Hairy Woodpecker and Northern Flicker. Common Grackle are certainly very common and prefer coniferous trees for nesting.

Both sorts of kingbirds were first seen on the 7th. A nice flock of Cedar Waxwing was seen feeding on tree buds along Cherry street, the same day.

Three species that are permanent residents include the Blue Jay, Black-capped Chickadee and White-breasted Nuthatch. Robins have been common for weeks, and are certainly nesting. American Goldfinch are a bright bit of color each day at the right place.

Eastern Bluebird have been seen and heard, and seem to have a preference for the Water Tower Ridge.

Notably present at Valentine City Park on tree planting day was a Swainson’s Thrush, Ruby-crowned Kinglet and White-throated Sparrow.

Swallows present have been the Northern Rough-winged Swallow, American Cliff Swallow and Tree Swallow. Probably present somewhere is the Barn Swallow.

By the end of the first week of the month, colorful warblers that had arrived were the resident American Yellow Warbler and migratory Audubon's Warbler. The Baltimore Oriole arrived on the 7th.

The parasitic Brown-headed Cowbird is seen to be common as it forages at places that other blackbirds prefer.

Meadowlarks sing away the day where there is suitable grassland, especially to the south.

Resident species present include the Song Sparrow, wide-spread Chipping Sparrow at coniferous trees (several migrant flocks occurred on the 9th that meant more than 100 of these birds being present), the Field Sparrow at the Water Tower Ridge, and Lark Sparrow.

Remaining migrants include the uncommon Lincoln’s Sparrow, a single late-season Harris’s on the 9th, regular numbers of the White-crowned Sparrow daily and a few Clay-colored Sparrow. There is a lot of behavioral antics to appreciate as these species forage for seeds, or appreciatively bath in a rain-water puddle.

A couple of species that are always about are the House Sparrow and Rock Dove.

Different sorts of shorebirds and notable waterbirds have been seen at Merritt Reservoir.

A typical number of species for any previous month this year, would be just a few more than forty.

     (This article first appeared in the Valentine Midland News.)

Tree-planting Event a Success at Valentine

A tree-planting event held in recognition of the tenth anniversary was a success at the Valentine City Park.

About two-dozen people attended during 5 to 7 p.m. on May 4th to help plant 58 catalpa trees, 18 bur oak and three honey locust trees. Chili-cheese hotdogs, chips, smours and refreshments were provided for an after work meal. Sponsors were the Niobrara Council and Middle Niobrara Natural Resources District.

Also featured was an interactive display of the extent of the fire and landscape features, as provided by the Nebraska Fire Service that was an opportunity for people to discuss the fire, its characteristics and even to convey some personal recollections. Also presented was information on establishing firewise communities.

Earlier in the day, kids associated the Valentine Middle School and Future Farmers of America assisted the MNNRD to plant 1500 trees and shrubs. The types placed on the burned upland north of the city park, were ponderosa pine, jack pine, sumac, black cherry, hackberry, black walnut, American plum and golden currant.

“Fifteen-hundred is a good number for the kids to get into the ground,” said Zac Peterson of the MNNRD.

The trees planted were from the nursery at Bessey Forest, near Halsey.

During the ten years since the fire in 2006, about 22,000 trees have been planted, said Peterson. There is an approximately 30% survival rate.

During the late afternoon and evening, a record was kept of the various bird species present at the city park. The result was twenty species:

Red-bellied Woodpecker

Hairy Woodpecker

Northern Flicker

Eastern Phoebe: associated with the two bridges

American Crow

Black-capped Chickadee

Ruby-crowned Kinglet: small and stealthy along the creek

House Wren

White-breasted Nuthatch

Eastern Bluebird

Swainson's Thrush: on the south side of the creek, towards the west end of the park

American Robin: appreciating the lawn to forage upon

American Goldfinch

Audubon's Warbler: wonderfully numerous, especially along Minnechaduza creek

Brown-headed Cowbird

White-crowned Sparrow: two still lingering

White-throated Sparrow: one readily seen near the pavilion

Chipping Sparrow: most territorial, but a few in a flock

Spotted Towhee

Northern Cardinal: in shrubbery along the creek

Not seen nor heard was the typical Belted Kingfisher, though it was probably elsewhere because of the many people enjoying the fine evening at the park.

April Birds in the Vicinity of Valentine

April started with a distinctive view of migratory Sandhill Cranes, and ended with significant occurrences of seasonal observations on a nearly daily basis while outdoors.

While some species were migrating, there was a prominent breeding season prevalence on the 21st. There were the first young Canada Goose at the Mill Pond. By the end of the month, at least four family groups were appreciating the mown lawn setting at the northwest portion of their habitat, the lawn green associated with homes along Lake Shore Drive north of Valentine.

The singular highlight amidst the known occurrence of area birdlife was a pair of Trumpeter Swan prominent, resting at the pond marsh on the 29th. Their white plumage was obvious amidst the green of the western vegetation of the Mill Pond. These big waterfowl continued to be present through the following weekend.

Many birds continued their breeding season activities. The Eurasian Collared Dove are prominent in the vicinity. Can't be missed are the Common Grackle about the town and northward. Red-winged Blackbird are loudly present about the Mill Pond. Not to be forgotten were Brown-headed Cowbird which initially arrived in lesser numbers, and then became more prevalent. A Yellow-headed Blackbird or two also could be seen amidst the many birds foraging in the horse pens to the north of the pond, at its western end.

Hunters of Wild Turkey showed up in their big pickup, with an authoritative note allowing property access as scribbled on a tiny bit of a sticky note. Their one day in the north hills was during the early days of the month. They left after their hike resulted in a zero result. Only a few of this game bird of particular interest have occurred outside the shack window during the month. Yet one day while traversing the drive route to the heart city, a flock of 16 was lazily striding along Hulm Lane, on the north side of the pond. Turkey roosters are now active with their flock, just as much as a dominant buck deer is hoarding his bunch of does among the hills of grass. Sire actions are prominent!

When the flock of Franklin's Gulls arrived, they were very prominent in their occurrence. Upon a closer look, a special feature of this bird was obvious, notably their black-colored head and also, group behavior.

Killdeer are present. A prominent bunch was within the city boundaries near the Cowboy Trail, though the seasonal residents occur to a lesser extent, but can usually be seen or heard at the Mill Pond.

The final days of the month brought many new observations. Especially prominent were birds at the Mill Pond. On the days when the swans occurred, there was also a Western Osprey, a single duck worth noting, swallows foraging above the pond water. Amidst the foliage was an Audubon's Warbler, with its vivid yellow rump patch.

Robins continue to be prevalent, as well as the many House Finch. Present yet subtle at the north edge of the heart city are pairs of Eastern Bluebird.

The monthly tally is significant for the several species which are new additions to the local avifauna. Birds with black plumage continue to occur in large numbers amidst the horse pens, on the south side of the hills, and northward of the pond.

There is a story awaiting about the House Wren since there are so many nest boxes prevalent.

There were 53 species noted during the month.

Valentine Vicinity Bird Records of April

Species     (and to right) Julian Date	97	98	102	104	105	107	108	110	112	115	117	120
Canada Goose	15	- -	- -	- -	4	13	- -	- -	30	- -	- -	48
Trumpeter Swan	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	2
Wood Duck	3	- -	- -	- -	2	- -	2	2	2	- -	- -	- -
Mallard	- -	- -	- -	- -	- -	3	- -	- -	- -	- -	- -	- -
Blue-winged Teal	- -	- -	2	- -	- -	- -	- -	- -	27	- -	- -	- -
Lesser Scaup	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	1
Wild Turkey	- -	- -	- -	- -	3	3	- -	2	- -	- -	16	3
Great Blue Heron	- -	- -	- -	- -	- -	- -	- -	1	2	- -	- -	- -
Double-crested Cormorant	- -	- -	- -	- -	- -	- -	- -	- -	- -	40	- -	- -
Turkey Vulture	18	- -	- -	- -	4	- -	- -	8	12	18	- -	- -
Western Osprey	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	1
Sharp-shinned Hawk	- -	- -	- -	- -	- -	1	- -	- -	- -	- -	- -	- -
Cooper's Hawk	- -	- -	- -	- -	- -	- -	- -	1	- -	- -	- -	- -
Red-tailed Hawk	2	- -	- -	- -	- -	- -	- -	- -	1	- -	- -	- -
Sandhill Crane	19	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -
Killdeer	3	- -	- -	- -	2	- -	12	- -	- -	- -	- -	- -
Franklin's Gull	- -	- -	- -	- -	- -	31	- -	- -	- -	- -	- -	- -
Rock Dove	6	- -	- -	- -	15	- -	20	- -	- -	- -	- -	- -
Eurasian Collared Dove	15	- -	- -	- -	11	- -	- -	- -	- -	- -	- -	10
Mourning Dove	1	- -	- -	- -	2	- -	- -	2	- -	- -	- -	- -
Belted Kingfisher	- -	- -	- -	- -	1	1	- -	- -	1	- -	- -	1
Red-bellied Woodpecker	- -	- -	- -	- -	- -	- -	1	- -	- -	- -	- -	- -
Downy Woodpecker	1	- -	- -	- -	1	- -	- -	2	- -	- -	- -	- -
Hairy Woodpecker	- -	- -	- -	- -	- -	- -	- -	1	- -	- -	- -	- -
Northern Flicker	- -	- -	- -	- -	- -	- -	1	- -	- -	- -	- -	1
Eastern Phoebe	1	- -	- -	- -	1	- -	- -	2	- -	- -	- -	- -
Blue Jay	2	- -	- -	- -	1	- -	- -	- -	- -	- -	2	- -
American Crow	- -	- -	- -	- -	2	- -	- -	- -	- -	- -	1	- -
Cedar Waxwing	35	- -	- -	3	- -	- -	- -	- -	- -	- -	- -	- -
Black-capped Chickadee	- -	3	- -	- -	6	- -	- -	- -	- -	- -	- -	2
Sand Martin	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	1
Northern Rough-winged Swallow	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	4
White-breasted Nuthatch	2	- -	- -	- -	2	- -	- -	- -	- -	- -	- -	2
Common Starling	- -	- -	- -	- -	- -	- -	- -	- -	1	- -	- -	- -
Eastern Bluebird	1	- -	- -	- -	2	- -	- -	- -	- -	- -	2	- -
American Robin	32	- -	- -	- -	20	16	- -	8	- -	- -	- -	- -
House Sparrow	5	- -	- -	5	5	- -	- -	- -	- -	- -	- -	- -
House Finch	4	- -	- -	- -	13	- -	18	- -	- -	- -	- -	- -
American Goldfinch	17	- -	- -	- -	8	75	- -	- -	- -	- -	28	- -
Audubon's Warbler	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	1
Yellow-headed Blackbird	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	1
Western Meadowlark	2	- -	- -	- -	- -	- -	- -	1	- -	- -	- -	- -
Red-winged Blackbird	- -	- -	- -	- -	10	- -	- -	10	- -	- -	- -	- -
Brown-headed Cowbird	- -	- -	- -	- -	1	- -	- -	5	- -	12	125	- -
Common Grackle	85	75	- -	- -	100	75	65	- -	- -	- -	- -	40
Song Sparrow	- -	- -	- -	- -	1	- -	- -	- -	- -	- -	- -	- -
Lincoln's Sparrow	- -	- -	- -	- -	- -	- -	- -	- -	- -	2	- -	3
White-crowned Sparrow	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	- -	2
Dark-eyed Junco	- -	- -	- -	- -	- -	- -	3	1	- -	1	- -	- -
Chipping Sparrow	- -	- -	- -	- -	1	- -	- -	7	- -	27	- -	- -
Lark Sparrow	- -	- -	- -	- -	- -	- -	- -	- -	- -	3	- -	- -
Spotted Towhee	- -	- -	- -	- -	1	- -	- -	1	1	- -	- -	- -
Northern Cardinal	- -	- -	- -	- -	1	2	- -	- -	- -	- -	2	1

Still pending are views of the Chimney Swift and Common Nighthawk. It is relatively late in the spring season for them to not yet have been seen. They will certainly occur soon and be denoted as a particular aspect of the local birds.

The first new hour of May certainly started out with no owl calls but instead many bangs just after waiting for the start of a favorite late-night radio program. What seemed to be casual gun-shots were heard multiple times just after midnight, seemingly upon the hill north of the shack, as derived from multiple instances heard from within and also from outside on the east side of the shack porch while it was raining and cloudy outside. There was a regular series of noises, regularly spaced once and then again. It was not like the sounds were distant, because they seemed to be atop a hill just to the north. There was a mystery vehicle at the end of the drive just before 2 p.m. It parked. Lights were turned off. The squiggle driver smoked a cigarette on its west side, as distinctly seen through a spotting scope in the night time. They vehicle then left after its interlude. Then several similar gunshot noises occurred at 3 a.m., in two interludes.

This is a an undeniable mystery of May day morning! No explanation is available. Neighbors had nothing to contribute on Sunday morning.

May is bird month in Nebraska, so further bird observations and events will occur as there will be new occurrences of the variety of wildbirds of the land.