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Biological Opinion United States Department of the Interior FISH AND WILDLIFE SERVICE Southern Nevada Fish and Wildlife Office 4701 North Torrey Pines Drive Las Vegas, Nevada 89130 Ph: (702) 515-5230 ~ Fax: (702) 515-5231 May 1, 2015 File Nos. 84320-2015-F-0139, 84320-2015-F-0161 84320-2015-F-0162, 84320-2015-F-0163, 84320-2012-F-0200, 84320-2015-I-0140, and 1-5-05-FW-536, Tier 7 Memorandum To: Assistant Field Manager of Natural Resources, Las Vegas Field Office, Bureau of Land Management, Las Vegas, Nevada From: Field Supervisor, Southern Nevada Fish and Wildlife Office, Las Vegas, Nevada Subject: FINAL- Project-level Formal Consultations for Four Solar Energy Projects in the Dry Lake Solar Energy Zone, Clark County, Nevada This document transmits the U.S. Fish and Wildlife Service’s (Service) biological opinions for four solar projects in the Dry Lake Solar Energy Zone (Attachment) based on our review of the Bureau of Land Management’s (BLM) proposed issuance of right-of-way grants and their effects on the federally threatened desert tortoise (Gopherus agassizii), in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). Three of the four formal consultations (project-level biological opinions) are tiered to the Programmatic Biological Opinion for the BLM’s Western Solar Energy Program (File No. 84320-2012-F-0200). The fourth project, NV Energy Dry Lake Solar Energy Center at Harry Allen (File No. 84320-2015-F-0162), does not meet the minimum size requirement for a Solar Energy Zone project and will not be tiered to the Solar Energy Programmatic Biological Opinion. The Playa Solar Project will also be tiered to the Programmatic Biological Opinion (File No. 1-5- 05-FW-536, Tier 7) for the Muddy River Memorandum of Agreement to address adverse effects to the Moapa dace (Moapa coriacea), a fish listed as endangered under the Act, that may result from groundwater withdrawal required for project pre-construction, construction, operation, and maintenance activities. The other three projects will not withdraw groundwater from the hydrographic basin that supports habitat for the Moapa dace and therefore, not tiered to the Programmatic Biological Opinion for groundwater withdrawal. Each proposed project involves pre-construction, construction, operation, maintenance, and decommissioning of a photovoltaic Assistant Field Manager Dry Lake SEZ Solar Projects power plant and associated infrastructure and facilities on BLM-managed lands with anticipated adverse effects to the desert tortoise. Because of the similarities (e.g., type of project, location, timing, effects), we are providing these biological opinions to the BLM in a consolidated format consisting of a single transmittal. Each project will have its own biological opinion and number (Table 1 of the attachment) with common and project-specific elements. Except for translocation of desert tortoises, activities associated with pre-construction, construction, operation, maintenance, and decommissioning of the four project facilities will not affect or take place within critical habitat. Although some desert tortoises may be translocated from the project sites into the Mormon Mesa Critical Habitat Unit, translocation of desert tortoises will not result in any habitat disturbance or directly affect the primary constituent elements of critical habitat. The BLM also requests Fish and Wildlife Service (Service) concurrence through informal consultation (File No. 84320-2015-F-0140) that the four proposed projects may affect, but is not likely to adversely affect the endangered Yuma clapper rail (Rallus longirostris yumanensis), endangered southwestern willow flycatcher (Empidonax traillii extimus), or threatened yellow- billed cuckoo (Coccyzus americanus). Informal Consultation Direct effects to the listed birds include injury or mortality to individual birds from contact with project vehicles, solar panels, fencing, buildings, towers, and transmission lines. Birds may also be affected by lighting and noise. Suitable habitat for Yuma clapper rail, yellow-billed cuckoo, and southwestern willow flycatcher does not occur within or near the action area for the proposed projects. The closest current documented records for all three species and their habitat is over 20 miles away. There currently is a lack of general information on dispersal for these birds beyond their known habitat although recent and historical observations of individuals exist outside their current range in Nevada. The occurrence of Yuma clapper rails outside their expected range in areas such as Ash Meadows National Wildlife Refuge and the more recent detections made at Pahranagat National Wildlife Refuge between 2013 and 2015 suggests range expansion has occurred. However, we do not have information and cannot predict the paths dispersing individuals may take, and there is no evidence to indicate that dispersal of these species would occur within the action area. Two mortalities of Yuma clapper rails and one yellow-billed cuckoo at solar facilities in California have been documented although the circumstances and causes of death have not been confirmed. Based on the above, the low number of known recorded mortalities, the lack of habitat within the action area, and the long distance and direction from any known occurrence suggests low potential for direct morality to Yuma clapper rails, yellow-billed cuckoos, or southwestern 2 Assistant Field Manager Dry Lake SEZ Solar Projects willow flycatchers. Based on the best available science, the potential direct and indirect effects posed by the proposed action to the three bird species are expected to be negligible. The applicants will prepare Bird and Bat Conservation Strategy documents to include a robust analysis of effects with measures to avoid or minimize effects to birds and bats and systematic monitoring and adaptive management components approved by the BLM and Service. In consideration of the above, we concur with BLM' s determination that the proposed projects may affect, but are not likely to adversely affect the Yuma clapper rail, yellow-billed cuckoo, or southwestern willow flycatcher. If you require additional assistance regarding this consultation, please contact Michael Burroughs in the Southern Nevada Fish and Wildlife Office in Las Vegas at (702) 515-5230. Attachment cc: Supervisory Biologist- Habitat, Nevada Department of Wildlife, Las Vegas, Nevada 3 Attachment Biological Opinions for Four Solar Energy Projects in the Dry Lake Solar Energy Zone Issued to: Bureau of Land Management Las Vegas Field Office 4701 North Torrey Pine Drive Las Vegas, Nevada by: U.S. Fish and Wildlife Service Southern Nevada Fish and Wildlife Office 4701 North Torrey Pine Drive Las Vegas, Nevada Playa Solar, LLC - Playa Solar Project (File No. 844320-2015-F-0139) NV Energy - Dry Lake Solar Energy Center (File No. 844320-2015-F-0161) NV Energy - Dry Lake Solar Energy Center at Harry Allen (File No. 844320-2015-F-0162) Invenergy - Harry Allen Solar Energy Project NV (File No. 844320-2015-F-0163) May 1, 2015 TABLE OF CONTENTS Introduction ..................................................................................................................................... 5 Elements Common to All Projects .................................................................................................. 6 Description of Proposed Actions................................................................................................. 7 Proposed Minimization Measures and Fees ......................................................................... 12 Analytical Framework for the Jeopardy Determination ............................................................ 19 Status of the Desert Tortoise and its Critical Habitat Range-wide ........................................... 20 Environmental Baseline Condition of the Action Area for All Projects ...................................... 30 Factors Affecting the Desert Tortoise and its Critical Habitat in the Action Area for All Projects .................................................................................................................................. 30 Effects of the Action- All Projects ............................................................................................ 37 Cumulative Effects- All Projects............................................................................................... 48 Conservation Recommendations .................................................................................................. 48 Biological Opinion- Playa Solar Project (File No. 84320-2015-F-0139) ..................................... 49 Consultation History- Playa Solar Project .................................................................................... 49 Description of the Proposed Action- Playa Solar Project ............................................................. 49 Playa Solar-Specific Proposed Minimization Measures and Remuneration Fees .................... 53 Status of the Moapa Dace Range-wide ......................................................................................... 54 Environmental Baseline – Playa Solar Project ............................................................................. 57 Status of the Species and Critical Habitat in the Action Area .................................................. 58 Desert Tortoise ...................................................................................................................... 58
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