“…in the public interest … to remove from the REA turbines … in Blandings turtle habitat”
The Environmental Review Tribunal released its long awaited decision on the remedies proposed by wind power developer WPD for its White Pines project in Prince Edward County Ontario to protect the endangered Blandings turtle and Little Brown Bat.
Relevant sections of the decision:
 In light of all of the circumstances, based on the evidence provided and taking
into account the purposes of the EPA in support of environmental protection and
renewable energy, the Tribunal finds that it is in the public interest to alter the Director’s
decision by amending the REA in part. The Tribunal finds that it is in the public interest
to add the Approval Holder’s proposed Condition L2 to the REA, but to alter that
condition by removing Tables 3-1 to 3-3, in the NRSI Plan. The Tribunal further finds
that it is in the public interest to remove from the REA the turbines proposed to be
accessed by the proposed upgraded secondary and tertiary municipal road segments
and by the intersections in Blanding’s turtle habitat, specifically Turbines 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29.
Condition J7.1. The Company shall implement the Mitigation Plan
for Operation of the White Pines Energy Project, dated July 21,
2016 prepared by Stantec Consulting Ltd., including:
1. Implement the monitoring and mitigation measures as
outlined in Table 2 of the Mitigation Plan;
2. Adjust cut-in speed to 5.5 m/s between sunset and sunrise
from May 1 to September 30 at all turbines for the operating
life of the Project; and
3. In the event of a mortality of a bat species that is a species
at risk, successively increase the operational mitigation as
detailed in Table 2 of the Mitigation Plan.
The question that remains is, with 60 percent of the project effectively removed, how can WPD meet its obligation to provide 75 percent of the power in its contract?
The entire project may have to be reformulated…it remains to be seen whether the company will opt to do that by using 4.1 MW turbines perhaps, or by finding other locations, but the company may have run out of time to do that.
The decision is here:ERT15068-White PInes
Here is a recording of lawyer Eric Gillespie’s closing remarks at the remedy hearing held in Wellington, last January. “The only remedy is to revoke [the approval]. … the result of mitigation will be to extirpate a species.”