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www.fraserstryker.com. Fourth Annual Nebraska Wind Power 2011 State & Federal Environmental & Wildlife Considerations for Wind Projects & the Permitting Process Transmission-Related Environmental Issues Stephen M. Bruckner, Esq. Fraser Stryker PC LLO. Overview. Environmental issues relating to:

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  1. www.fraserstryker.com

  2. Fourth Annual Nebraska Wind Power 2011State & Federal Environmental & Wildlife Considerations for Wind Projects & the Permitting ProcessTransmission-Related Environmental IssuesStephen M. Bruckner, Esq.Fraser Stryker PC LLO

  3. Overview • Environmental issues relating to: • Site selection for transmission lines and towers • Routing of transmission lines • Constructing transmission lines and towers

  4. Site Selection and Routing Issues • Wind-related transmission likely to run from rural to urban areas. • New transmission lines may be needed to transmit electricity from wind projects to demand centers.

  5. Key Environmental Site Selection & Routing Concerns • Site and route transmission lines and towers to avoid or minimize impact to: • Wetlands • Lakes, rivers, and creeks • Protected species (plants and animals) & their habitats • Migratory birds • Bats

  6. Important Environmental Laws for Site Selection and Routing • Endangered Species Act of 1973 • Migratory Bird Treaty Act of 1918 • Bald and Golden Eagle Protection Act • Clean Water Act • Nebraska Nongame and Endangered Species Conservation Act • Local ordinances

  7. Construction Phase • Construction phase includes: • Site and right of way clearing and preparation • Transportation of materials • Installation • Cleanup / post-construction activities

  8. Environmental Issues – Construction Phase • Storm water runoff • Surface water and wetlands • Bird habitat • Endangered species • Permitting

  9. Storm Water Runoff • Installing transmission towers can disturb soil and terrain. • Possibility that disturbed soil will run into lakes, wetlands, and rivers. • Must comply with storm water runoff regulations. • Permitting required from the Nebraska Department of Environmental Quality. • Mitigation efforts required.

  10. Surface Waters and Wetlands • Construction of temporary crossings causing erosion and damage to banks. • Machinery can damage wetland vegetation and soil. • Construction can disturb sediments, harming aquatic wildlife. • Mitigation efforts and Clean Water Act compliance • Construct during colder months • Use alternative construction equipment (helicopters) • Minimize water and wetland crossings

  11. Bird Habitat and Endangered Species • Clearing path for transmission lines and towers can potentially disrupt endangered species habitat. • Plan construction around mating and nesting seasons to minimize impacts. • Other steps required to minimize impact construction activities have on endangered species and their habitats.

  12. Post-Construction Activities • Restore vegetation where possible. • Restore ground habitat to “natural” conditions. • Remove temporary water crossings, repair banks, and implement erosion control plans. • Place markers on towers and transmission lines to make them more visible to birds.

  13. Questions? • Stephen M. Bruckner, Esq. • Fraser Stryker PC LLO • sbruckner@fraserstryker.com402.978.5225 • www.fraserstryker.com

  14. 500 Energy Plaza | 409 South 17th Street | Omaha, NE 68102-2663 P (402) 341-6000 F (402) 341-8290 www.fraserstryker.com

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