Mr. James, qualified previously as an acoustician, presented new evidence in reply to Denton Miller, witness for the Ministry of Environment and Climate Change (MOECC). Following new ministry guidelines and omitting disallowed wind turbines T7 and T11, he calculated that 13 “points of receptions” (i.e., homes) would suffer noise above 40 dBA.
Both MOECC counsel Andrew Weretelnyck and WPD counsel James Wilson questioned Rick James on 40 dBA as a measure of serious harm. James said the MOECC had set this compliance limit and the World Health Organization (WHO) had found health effects, specifically annoyance and sleep disturbance, start at 40 dBA.
In re-examination APPEC counsel Eric Gillespie confirmed with James that WHO had reported noise complaints during nighttime begin at 35 dBA.
Dale Strickland, Ph.D., founder and president of Western EcoSystems Technology, a Wyoming consulting firm with business and government clients, has published over 150 scientific papers and technical reports during a 40-year career. The Tribunal qualified him as “a zoologist with expertise in ecological research and wildlife management, including assessing the impacts of wind turbines on wildlife.”
WPD counsel Patrick Duffy asked Dr. Strickland about the appropriate scientific measure for serious and irreversible harm. He said it is based on the overall genetic and demographic status of a species’ population.
According to Dr. Strickland, the White Pines surveys of birds and bats are “adequate,” conform to established methods and published guidance, and are similar to those for other wind projects. Bats would not be high in number without the presence of hibernacula. Acoustical surveys are not necessary because they record bats at ground level and the results do not correlate with bat deaths at wind turbine rotor level.
Dr. Strickland also said the effects on habitat would be minimal. Loss from access roads and other construction is relatively small, and displacement from habitat would not be significant because of the project size.
Regarding collisions, Dr. Strickland predicted 5-15 bird deaths annually per turbine, the same as at other North American sites. He defended the Wolfe Island monitoring records, stating the mortality rates are reasonable for a searched radius of 50m, an area commonly used at other wind projects. Considering the project location and size, he concluded that White Pines would not cause serious and irreversible harm to wildlife.
In cross-examination Eric Gillespie confirmed that Dr. Strickland had not visited the White Pines site but had based his opinions on WPD’s reports and on Google Earth images. Although aware of Prince Edward Point National Wildlife Area and Point Petre Provincial Wildlife Area, he did not know their proximity to wind turbines. However, he dismissed the “globally significant” South Shore Important Bird Area because the IBA designation reflects convenient public access and use of the site for bird-watching.
Dr. Strickland did not know of an “activity report” by the Ministry of Natural Resources and Forests finding five threatened bird species and three bat species in the White Pines area. He agreed with Mr. Gillespie that such information might have influenced his opinions. Similarly, he conceded that if there had not been adequate surveys for karst, then one needed more information to estimate the bat population. He also admitted that the cumulative effects of wind projects must be considered to determine local impacts on birds.
When asked by ERT co-chair Marcia Valiante about a proposed 31ha compensation property, Dr. Strickland said it would have little measurable effect on the populations of displaced bobolinks and eastern meadowlarks.