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Which bat is which?

Michael A. Sawyers
Cumberland Times-News The Cumberland Times-News Tue Dec 28, 2010, 07:50 AM EST

— SWANTON — A biologist with the Maryland Wildlife & Heritage Service said Monday that it is so difficult to distinguish hibernating Indiana bats from little brown bats that there is uncertainty about the number of the former in Garrett County’s John Friend Cave.

That cave is mentioned in a federal lawsuit complaint as having a robust population of the federally endangered Indiana bats. The recently filed suit asks the U.S. District Court in Greenbelt to delay the startup of Constellation Energy Group’s wind turbine project on Backbone Mountain until the company obtains an incidental take permit from the U.S. Fish and Wildlife Service.

Constellation has hoped to begin operating the 28-turbine Eagle Rock project at the end of this month. Spokesman Kevin Thornton said the company has been in contact with the federal wildlife agency and is in the process of applying for the permit.

“In John Friend Cave we haven’t had a substantiated record of the Indiana bat for a long time,” said biologist Dan Feller. “But unless we go pluck every bat off the wall and spread the wings and look for the color of the hairs at the base of the fur it is hard to tell. We generally say they are little brown bats, but there could be Indiana bats in there.”

Feller enters Maryland’s bat caves once each winter to count the animals. He said John Friend Cave is among the top five locations in the state with an average of 300 various bats.

At Crabtree Cave, near the Savage River Reservoir Dam and about 10 miles from the wind turbine site, Indiana bats were observed swarming outside the cave in the autumn in the 1990s, according to Feller. “We have no substantiated records of Indiana bats at Crabtree since then,” he said.

Feller said radio tracking studies have shown that Indiana bats, mostly females and young, use Maryland forests and ridge lines during the summer.

“One study tracked an Indiana bat from a hibernaculum in central Pennsylvania to Carroll County, Md., 120 miles away,” Feller said. “We know that Backbone Mountain is within 100 miles of a number of Indiana bat (caves) in West Virginia.”

The plaintiffs in the federal lawsuit are the Baltimore-based Maryland Conservation Council, the council’s Vice President Ajax Eastman, the Oakland-based group Save Western Maryland and D. Daniel Boone, Bowie, an environmental activist.

Frank Maisano, a spokesman for Constellation and other wind energy developers, said Monday that the start-up of the Eagle Rock project is imminent.

“The turbines have already been pushing power, but it has all been for required testing,” Maisano said. “It is about to start up.”

Maisano said the lawsuit may delay the project, but is unlikely to stop it. He said other wind energy projects such as one in Greenbrier County, W.Va., have been faced with the same roadblock, but were able to move forward after obtaining the take permit, which, in essence, accounts for the killing, injuring or perturbing of bats.

Contact Michael A. Sawyers at msawyers@times-news.com

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

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Save Western Maryland Group Files Lawsuit Against Constellation Energy

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Dec. 23, 2010

Save Western Maryland, a group of local residents that formed soon after ground was broken in Garrett County for the erection of the first wind turbines in the state, has filed a federal lawsuit against Constellation Energy Group and its affiliate for violation of the Endangered Species Act. The group describes the actions of the company as “an intrusive installation and operation of an industrial wind power facility on the ridgetop of Backbone Mountain which will result in the killing, injury, and other forms of harm to the endangered Indiana bat.”
According to the lawsuit, the Indiana bat is one of the most imperiled land mammals in the world. Considered as “invaluable” members of their ecosystems for their insect control capabilities, they are characterized by scientists as a keystone species.

The lawsuit alleges that wind turbines pose a grave threat to Indiana bats in terms of collisions and barotrauma – which is described as a bloody explosion of the lungs of bats caused by passage through the low pressure zones created by the movement of the huge turbine blades.

Read full article here.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

Deep Creek Do It All specializes in cleaning services in Garrett County & @ Deep Creek Lake. Give them a call (301-501-0217) or visit the website – competitive rates and quality results from a locally owned & operated company!

Maryland wind project sued over endangered bats

Conservationists ask court to halt startup of Constellation project
By Timothy B. Wheeler, The Baltimore Sun

7:44 p.m. EST, December 22, 2010

Conservationists filed suit Wednesday to block the start of Maryland’s first industrial wind project, contending the turbines built atop the state’s highest mountain in Garrett County threaten to harm federally protected rare bats.

Making good on a threat issued months ago, two groups — Save Western Maryland and the Maryland Conservation Council — and two individuals brought suit against Constellation Energy in U.S. District Court in Greenbelt, contending that its wind turbines will “almost certainly” injure or kill Indiana bats, which are so few in number that they are legally protected under the federal Endangered Species Act.

The lawsuit comes as Constellation prepares to start generating power in the next several days from its Criterion wind project — 28 turbines that stand 415 feet high when their blades are at maximum skyward extension.

Read the full article here.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

Deep Creek Do It All specializes in cleaning services in Garrett County & @ Deep Creek Lake. Give them a call (301-501-0217) or visit the website – competitive rates and quality results from a locally owned & operated company!

Wind Projects Caught in Fangs of Indiana Bats

With the ever-increasing number of wind turbines being constructed, various government and private organizations are pursuing research into the impact of wind turbines on birds and bats with particular focus on endangered species.

Earlier this year, the U.S. Fish and Wildlife Service (FWS) and Fowler Ridge I Wind Farm in Benton County, Indiana announced a plan to research ways to reduce the impact of wind generation on bats after finding a dead endangered Indiana bat near a wind turbine. Fowler Ridge I, like all projects, had conducted due diligence wildlife surveys and consulted with state and federal wildlife agencies prior to construction and operation. The project was found to represent a very low risk for bats in general and the endangered Indiana bat in particular, but the finding of the dead bat led to further scrutiny by the FWS.

The Indiana bat has been listed on the endangered species list since 1967. It is found over most of the Eastern half of the United States. Almost half of all Indiana bats hibernate in caves in Southern Indiana. Indiana bats are small, weighing only one-quarter of an ounce, and
have a wingspan of nine to 11 inches.

While several wind farms, including Fowler Ridge, have recently requested incidental take permits from the FWS, others have been sent notices of intent to sue under the Endangered Species Act for failing to obtain incidental take permits. An incidental take permit is
required when a non-federal action may result in a “take” of an endangered or threatened species. In June 2010, a coalition of environmental organizations and individuals filed a notice of violation against a Constellation Energy, Inc. project proposed for Garrett County, Maryland.

The notice alleges that the project will result in an unpermitted taking of Indiana bats and another protected bat species. While construction on the project is proceeding, the legal wrangling is far from over. Constellation has stated they expect to request an incidental take permit for the protected bat species in the project area. Another nearby wind project also received a notice of violation from the same coalition.

Read the full article here.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

Deep Creek Do It All specializes in cleaning services in Garrett County & @ Deep Creek Lake. Give them a call (301-501-0217) or visit the website – competitive rates and quality results from a locally owned & operated company!

Wind facility would threaten endangered species

Wind facility would threaten endangered species

To the Editor:
Cumberland Times-News

Dear Mr. Secretary: In light of the recent federal court ruling on endangered species, I am trying to understand the department’s position on current Maryland law which exempts any industrial wind plant project from comprehensive environmental review process (PSC CPCN hearing process) if its generating capacity is limited to 70MW or less.

You will recall that the department opposed the passage of this law, requested by Synergics President Wayne Rogers after he withdrew his initial 40MW proposal targeting the Roth Rock ridge in Garrett County when faced with endangered species conditions he found objectionable.

Under SB 566, which passed the General Assembly in 2007 and was signed by Gov. O’Malley, Rogers reapplied for an exemption, again for a project along Roth Rock, this time requesting to build a 50MW plant.

Synergics has argued that the PSC cannot consider in its “exemption” determination any issue other than “grid safety and reliability.” Current law, as I understand it, precludes any comprehensive environmental review, and thus the conundrum facing the Department.

Does the department agree that it no longer has any role to play in protecting threatened and endangered species as these might be affected by the installation and operation of 70MW or smaller wind projects?

Will it continue not to challenge the current PSC interpretation that, because it believes the Maryland General Assembly’s intention was to rescind any socio-economic or environmental oversight, it cannot deny permission to a developer of a 70MW or smaller industrial wind plant — even if the wind energy project might result in harm to species listed by DNR as endangered and thus heretofore protected under the State’s Nongame and Endangered Species Conservation Act?

In the case of the Mourning Warbler at Roth Rock, for example, a massive wind project could indeed remove this state endangered species from its only reliable nesting site in the state.

Interestingly, in Synergics’ original application for its Garrett County wind plant (Case No. 9008), the department filed extensive comments which expressly asserted and explained that the Mourning Warbler, protected under Maryland’s Nongame and Endangered Species Conservation Act, would be harmed.

Under the re-filed “exemption” application (Case No. 9191), there is no filing from the Department and no mention of the endangered Mourning Warbler issue.

As you know, I filed a request for internal DNR staff documents under the state’s Public Information Act, and was told that such records were “pre-decisional” and therefore not made available to me.

It may be that by ignoring the implications of federal law for Maryland, not to mention state law, the department is at risk for failing to implement and enforce the law.

As your expert staff knows well, Golden Eagles and other species of concern are placed at risk by any massive industrial facility placed high above the ridgelines of Maryland’s mountains.

John N.Bambacus

Frostburg

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350