Coosa & Warrior – Section 7 Meeting – July 22, 2004 Meeting Location - APC Corporate Headquarters - Birmingham, AL Revision 08-02-04

Attendees

Jim Crew APC Jeff Powell USFWS Patric Harper USFWS Bill Sim APC Stephen Gidiere B&B Rob Fowler B&B Henry Mealing Kleinschmidt Shane Boring Kleinschmidt

Action Items Due Date

• Distribute copies of the Tapoco BA to the group. Shane Boring August 5, 2004

• Draft meeting notes from 7-22-04 and distribute to attendees for comment Jim Crew August 5, 2004

• Review and Comment on the revised Section 7 Species Tracking Tables USFWS and APC August 1, 2004

• Begin filling in Species Tracking Table and work on BA Shane Boring August 5, 2004 – give update

• Prepare for next Section 7 Meeting All Attendees August 5, 2004 @ 10:00

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Review of Action Items from last meeting: • USFWS response to APC’s January 14, 2004 letters APC has received USFWS Section 7 letters for both the Coosa and Warrior Projects.

• Review Draft meeting notes from 02-18-04 Section 7 Meeting APC sent out draft meeting notes on 3-1-04 and we received no comments.

• Investigate USFWS coordination with USFS and NOAA Fisheries USFWS is still checking into this subject.

Henry began the meeting by stating the meeting goals: 1) Identify and discuss the structure of the Biological Assessment (BA) 2) Identify and discuss an acceptable method to track species information and priorities 3) Identify and discuss the future meeting schedule.

Page 1 of 5 Coosa & Warrior Hydropower Relicense Section 7 Meeting – July 22, 2004 Revision 7-30-04

Structure of the Biological Assessment (BA).

Jeff Powell noted that the BA for the Gaston Hydroelectric project (NC) was a good example of an acceptable BA. Jeff also provided a copy of the Tapoco BA to Shane. Shane will make copies and provide those to the group. The BA should be a thorough document that contains all of the information necessary for USFWS to complete their analysis for the Biological Opinion (BO), if one is required. The group agreed that APC and USFWS should gather as much information during the informal stage of consultation as possible. After completion of the BA and USFWS’s review of it, FERC and USFWS may need to enter “formal” consultation. The formal consultation process under Section 7 of the ESA will automatically kick in specific review timeframes. Formal consultation will result in a BO by USFWS.

If formal consultation is triggered, the BO will likely have an “Incidental Take Statement” like the one currently in place for operations at Jordan. This is especially the case in restoration or augmentation efforts for T&E species.

The project detail in the BA could come directly from the Initial Information Packages developed at the beginning of relicensing or those developed for the Applicant Prepared Environmental Assessments. The baseline for the BA is current conditions. The BA should also incorporate an “Alternatives Analysis” – what will happen if changes are made vs. if they are not.

The BA will also contain recommendations for reintroduction or enhancements of T&E species in various areas of the project. This will be addressed in the BA and the BO (if required)– preferably not as a required reasonable and prudent measure, but as a part of the proposed action by the applicant. There was discussion about listing these reintroductions as “non-essential” populations or using other mechanisms like Safe Harbor Agreements. The group agreed to continue discussion of this item at future meetings.

Method to Track Species Information and Priorities

Shane and Henry presented a “Section 7 Species Tracking Tool” for the Coosa and Warrior Projects. The tables contained the following columns headers:

Common Name Scientific Name Counties of Occurrence Federal Status Impacted by Project BA Process Priority Existing FWS Recovery Plan Data Needs

To make the tracking tables consistent with the Section 7 process, the group suggested that the inputs for the “Impacted by Project” column include:

No Effect May Affect Likely to Adversely Affect Not Likely to Adversely Affect

This classification will allow for an initial determination of “No effect” vs. “May Affect.” For species identified as being within the “May Affect” category, a determination of “Likely to Adversely Affect” vs. “Not Likely to Adversely Affect” can then be made.

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Suggested columns to be added are:

Restoration Plans other than FWS Critical Habitat Population status Project Species is associated with (inside the project boundary).

The corrected tables are attached to these minutes for review and comment by the group.

Shane will begin filling in the tables and will start work on the Draft BA.

Future Meeting Schedule

The group agreed to meet for 1-hour every two weeks to discuss progress and/or questions. The first meeting will be on August 5, 2004 @ 10:00 AM Central.

We will use Jim Crew’s conference line – 1-888-287-6197 Passcode #236583

Page 3 of 5 Coosa & Warrior – Section 7 Meeting – July 22, 2004 Meeting Location - APC Corporate Headquarters - Birmingham, AL Revision 08-02-04

Section 7 Species Tracking Tool: Coosa Basin

Common Name Scientific Name Counties Federal Impacted by BA Process Project(s) that Species is Existing Critical Habitat Population Data Needs Status1 Project2 Priority Associated with (inside Restoration Plan Identified Status the project boundary) (FWS or Other) bald eagle Haliaeetus leucocephalus Floyd, Cherokee, Coosa, T Chilton red-cockaded woodpecker Picoides borealis Coosa E blue shiner Cyprinella caerulea Cherokee, Coosa T southern acornshell Epioblasma othcaloogensis Cherokee, Elmore EDCH upland combshell Epioblasma metastriata Cherokee, Elmore EDCH fine-lined pocketbook Lampsilis altilis Cherokee, Etowah, Shelby, TDCH Elmore moccasinshell Medionidus acutissimus Shelby, Elmore ? Coosa moccasinshell Medionidus parvulus Cherokee, Shelby, Elmore EDCH southern clubshell Pleurobema decisum Cherokee, Etowah, St. Clair, EDCH Talladega, Elmore southern pigtoe Pleurobema georgianum Etowah, Cherokee, Shelby, ? Elmore ovate clubshell Pleurobema perovatum Cherokee, Elmore EDCH triangular kidneyshell Ptychobranchus greenii Etowah, St. Clair, Talladega, EDCH Cherokee, Shelby, Elmore Alabama leather-flower Clematis socialis Etowah E Mohr's Barbara's buttons Marshallia mohrii Etowah T harperella nodosum Cherokee E Kral's waterplantain Cherokee ? green pitcher Sarracenia oreophila Cherokee, Etowah E painted rocksnail Lextopis taeniata Chilton, Calhoun T interrupted rocksnail Lextopis formanii Elmore C Tulitoma snail Tulitoma magnifica Talladega, Shelby, Elmore, EPCH Coosa, Calhoun, St. Clair

1 E – Federally Listed as Endangered T - Federally Listed as Threatened C - species is a Candidate for Federal Listing as Threatened or Endangered EDCH - Federally Listed as Endangered and has Designated Critical Habitat in the counties surrounding the project. TPDH - Federally Listed as Threatened and has Designated Critical Habitat in the counties surrounding the project.

2 No Effect - May Affect Not Likely to Adversely Affect - Likely to Adversely Affect

Page 4 of 5 Coosa & Warrior Hydropower Relicense Section 7 Meeting – July 22, 2004 Revision 7-30-04

Section 7 Species Tracking Tool: Warrior Basin

Common Name Scientific Name Counties Federal Impacted by BA Project(s) that Species is Existing Critical Habitat Population Data Needs Status1 Project2 Process Associated with (inside Restoration Plan Identified Status Priority the project boundary) (FWS or Other) bald eagle Haliaeetus leucocephalus Cullman, Jefferson, Lawrence, T Tuscaloosa, Walker, Winston red-cockaded woodpecker Picoides borealis Cullman, Jefferson, Lawrence, E Tuscaloosa, Walker, Winston

Cahaba shiner Notropis cahabae Jefferson E orange-nacre mucket Lampsilis perovalis Lawrence, Winston TDCH fine-lined pocketbook Lampsilis altilis Lawrence, Walker, Winston TDCH Alabama moccasinshell Medionidus acutissimus Lawrence, Winston TDCH Coosa moccasinshell Medionidus parvulus Winston EDCH dark pigtoe Pleurobema furvum Lawrence, Winston EDCH ovate clubshell Pleurobema perovatum Lawrence, Walker, Winston EDCH triangular kidneyshell Ptychobranchus greenii Lawrence, Walker, Winston EDCH Alabama streak-sorus fern Thelypteris pilosa var Winston T alabamensis Kral's waterplantain Sagittaria secundifolia Winston T Indiana bat Myotis sodalis Lawrence, Winston E Black Warrior waterdog Necturus alabamensis Cullman, Jefferson, Lawrence, C Tuscaloosa, Walker, Winston flattened musk turtle Sternotherus depressus Cullman, Jefferson, Lawrence, T Tuscaloosa, Walker, Winston

1 E – Federally Listed as Endangered T - Federally Listed as Threatened C - species is a Candidate for Federal Listing as Threatened or Endangered EDCH - Federally Listed as Endangered and has Designated Critical Habitat in the counties surrounding the project. TPDH - Federally Listed as Threatened and has Designated Critical Habitat in the counties surrounding the project.

2 No Effect - May Affect Not Likely to Adversely Affect - Likely to Adversely Affect

Page 5 of 5 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

Attendees

Jeff Powell USFWS Patric Harper USFWS Bill Sim APC Henry Mealing Kleinschmidt Shane Boring Kleinschmidt

Action Items Due Date

• Draft mammal, bird and terrestrial plant sections of the BA. Shane Boring August 18, 2004 – provide update

• Draft meeting notes from 8-5-04 and distribute to attendees for comment Jim Crew August 13, 2004

• Incorporate Coosa Species List update from Jeff Powell into Section 7 Species Tracking Tables Shane Boring August 18, 2004

• Distribute Coosa Species List update from Jeff Powell to other Work Group members Shane Boring August 5, 2004

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell August 18, 2004 – give update

• Arrange meeting with Barry Lovett to discuss SMP land classifications and links to T&E species Shane Boring and Jim Crew August 13, 2004

• Provide comments and finalize 7-22-04 Section 7 meeting notes All Attendees August 20, 2004

• Draft list of all potential impact to T&E Species Henry Mealing, Shane Boring, Jeff Powell, Patric Harper August 18, 2004 – provide update

• Prepare for next Section 7 Meeting All Attendees August 18, 2004 @ 10:00

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Review of Action Items from last meeting:

Page 1 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

• Draft meeting notes from 7-22-04 Section 7 meeting in Birmingham Notes were drafted and distributed to Work Group for comment on 8-5-04, prior to this meeting.

• Distribution of example an Biological Assessment as a process example Shane Boring distributed electronic copy via e-mail on 8-5-04.

• Review and Comment on the revised Section 7 Species Tracking Tables Comments received at 7-22-04 meeting were incorporated into tables. No further comments were received and revised tables were sent out to Work Group and approved at the 8-5-04 meeting.

• Begin filling in Species Tracking Tables and work on BA Jeff Powell provided a species list update to the table at 8-5-04 meeting.

• Investigate USFWS coordination with USFS and NOAA Fisheries USFWS is still checking into this subject.

Species Tracking

Shane opened the meeting with a brief discussion of the updates that were made to the Warrior and Coosa Species Tracking Tables (Attached). Specifically, additions/edits were made to the categories used to track species based on comments received at the 7-22-04 Section 7 meeting. The group approved the changes to the Tracking Tables. Jeff Powell and Shane Boring agreed to start filing in the tables to facilitate development of the Biological Assessment (BA).

Jeff Powell provided a brief review of the Coosa Basin species list update document that he e- mailed to the group earlier in the day. He indicated that the information should go a long way towards filling in the Tracking Tables. Jeff also indicated that he needed to discuss the updates with Malcolm Pierson to confirm some of the locational information included in the update. Malcolm indicated that he had reviewed the information, and to the best of his knowledge, it was correct. Shane Boring agreed to begin incorporating the information into the Tracking Tables.

Development of the Biological Assessment (BA)

The group also discussed prioritizing certain species that will require only a minimal write-up to address potential impacts. This will allow us to check some species off the list and focus our efforts on those species more likely to be impacted and thus requiring a greater level of analysis (primarily aquatic species). The group agreed that the mammals, birds and terrestrial are less likely to impacted and should be addressed first. Shane agreed to draft these sections. Jim Crew will distribute the draft sections to the Work Group for review.

To facilitate development of a thorough analysis in the BA, Patric Harper suggested that a list of all potential impacts of the projects on T&E species be developed. The group agreed that a comprehensive list should be developed cooperatively among the Group members, with Shane taking the lead to compile the information.

Page 2 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

Shoreline Management and T&E Species The group also discussed potential links between T&E species and the Shoreline Management Plan. Specifically, group members were unsure of whether some of the shoreline areas classified as Environmentally Sensitive Resources in the SMP were designated based on the presence of T&E species and/or their habitats. The group agreed that a meeting should be arranged with Barry Lovett to discuss this issue.

Future Meeting Schedule

The next meeting will be on August 18, 2004 @ 10:00 AM Central via conference call.

We will use Jim Crew’s conference line – 1-888-287-6197 Passcode #236583

Page 3 of 8 Coosa & Warrior – Section 7 Meeting – August 5, 2004 Conference Call Revision 09-02-04

Section 7 Species Tracking Tool: Coosa Basin

Common Name Scientific Name Counties Federal Impacted by BA Process Project(s) that Species is Existing Critical Habitat Population Data Needs Status1 Project2 Priority Associated with (inside Restoration Plan Identified Status the project boundary) (FWS or Other) bald eagle Haliaeetus leucocephalus Floyd, Cherokee, Coosa, T Chilton red-cockaded woodpecker Picoides borealis Coosa E blue shiner Cyprinella caerulea Cherokee, Coosa T southern acornshell Epioblasma othcaloogensis Cherokee, Elmore EDCH upland combshell Epioblasma metastriata Cherokee, Elmore EDCH fine-lined pocketbook Lampsilis altilis Cherokee, Etowah, Shelby, TDCH Elmore Alabama moccasinshell Medionidus acutissimus Shelby, Elmore ? Coosa moccasinshell Medionidus parvulus Cherokee, Shelby, Elmore EDCH southern clubshell Pleurobema decisum Cherokee, Etowah, St. Clair, EDCH Talladega, Elmore southern pigtoe Pleurobema georgianum Etowah, Cherokee, Shelby, ? Elmore ovate clubshell Pleurobema perovatum Cherokee, Elmore EDCH triangular kidneyshell Ptychobranchus greenii Etowah, St. Clair, Talladega, EDCH Cherokee, Shelby, Elmore Alabama leather-flower Clematis socialis Etowah E Mohr's Barbara's buttons Marshallia mohrii Etowah T harperella Cherokee E Kral's waterplantain Sagittaria secundifolia Cherokee ? green pitcher plant Sarracenia oreophila Cherokee, Etowah E painted rocksnail Lextopis taeniata Chilton, Calhoun T interrupted rocksnail Lextopis formanii Elmore C Tulitoma snail Tulitoma magnifica Talladega, Shelby, Elmore, EPCH Coosa, Calhoun, St. Clair

1 E – Federally Listed as Endangered T - Federally Listed as Threatened C - species is a Candidate for Federal Listing as Threatened or Endangered EDCH - Federally Listed as Endangered and has Designated Critical Habitat in the counties surrounding the project. TPDH - Federally Listed as Threatened and has Designated Critical Habitat in the counties surrounding the project.

2 No Effect - May Affect Not Likely to Adversely Affect - Likely to Adversely Affect

Page 4 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

Section 7 Species Tracking Tool: Warrior Basin

Common Name Scientific Name Counties Federal Impacted by BA Project(s) that Species is Existing Critical Habitat Population Data Needs Status1 Project2 Process Associated with (inside Restoration Plan Identified Status Priority the project boundary) (FWS or Other) bald eagle Haliaeetus leucocephalus Cullman, Jefferson, Lawrence, T Tuscaloosa, Walker, Winston red-cockaded woodpecker Picoides borealis Cullman, Jefferson, Lawrence, E Tuscaloosa, Walker, Winston

Cahaba shiner Notropis cahabae Jefferson E orange-nacre mucket Lampsilis perovalis Lawrence, Winston TDCH fine-lined pocketbook Lampsilis altilis Lawrence, Walker, Winston TDCH Alabama moccasinshell Medionidus acutissimus Lawrence, Winston TDCH Coosa moccasinshell Medionidus parvulus Winston EDCH dark pigtoe Pleurobema furvum Lawrence, Winston EDCH ovate clubshell Pleurobema perovatum Lawrence, Walker, Winston EDCH triangular kidneyshell Ptychobranchus greenii Lawrence, Walker, Winston EDCH Alabama streak-sorus fern Thelypteris pilosa var Winston T alabamensis Kral's waterplantain Sagittaria secundifolia Winston T Indiana bat Myotis sodalis Lawrence, Winston E Black Warrior waterdog Necturus alabamensis Cullman, Jefferson, Lawrence, C Tuscaloosa, Walker, Winston flattened musk turtle Sternotherus depressus Cullman, Jefferson, Lawrence, T Tuscaloosa, Walker, Winston

1 E – Federally Listed as Endangered T - Federally Listed as Threatened C - species is a Candidate for Federal Listing as Threatened or Endangered EDCH - Federally Listed as Endangered and has Designated Critical Habitat in the counties surrounding the project. TPDH - Federally Listed as Threatened and has Designated Critical Habitat in the counties surrounding the project.

2 No Effect - May Affect Not Likely to Adversely Affect - Likely to Adversely Affect

Page 5 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

Coosa Species Update --- From Jeff Powell 8-5-04

Federally listed species considered in the Coosa Project Biological Assessment.

N = No recent records E = Extant; occurs within project boundaries EO = Extant; occurs outside project boundaries CH = Designated Critical Habitat

MUSSELS

southern acornshell (Epioblasma othcaloogensis): N

CH (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 26, Elmore Co-Coosa River).

upland combshell (Epioblasma metastriata): N

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 26, Elmore Co-Coosa River)

fine-lined pocketbook (Lampsilis altilis): E -- Cherokee Co.-Weiss Bypass/Terrapin Cr; Hatchet Cr; Shelby Co-Yellowleaf Cr; Shelby/St. Clair Co-Kelly Cr; Calhoun Co-Choccolocco Cr.; St. Clair-Big Canoe Cr

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 23, Shelby Co, Yellowleaf Cr; Unit 26, Elmore Co-Coosa River)

Alabama moccasinshell (Medionidus acutissimus): EO

CH -- (Unit 26, Elmore Co-Coosa River)

Coosa moccasinshell (Medionidus parvulus): EO

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 23, Shelby Co, Yellowleaf Cr; Unit 26, Elmore Co-Coosa River)

southern clubshell (Pleurobema decisum):

Page 6 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

E -- Cherokee Co.-Weiss Bypass/Terrapin Cr; Talladega/St. Clair Co-Coosa; St. Clair Co-Kelly/Shoal Cr-tribs to Kelly Cr; St. Clair-N.

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 26, Elmore Co-Coosa River) southern pigtoe (Pleurobema georgianum): EO -- St. Clair Co-Big Canoe Cr (out of project boundary but may affect).

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 23, Shelby Co, Yellowleaf Cr; Unit 26, Elmore Co-Coosa River)

ovate clubshell (Pleurobema perovatum): E -- Cherokee Co-Weiss Bypass.

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 26, Elmore Co-Coosa River). triangular kidneyshell (Ptychobranchus greeni): E -- Shelby Co-Kelly (out of project boundary but may affect); St. Clair- N.Henry (Big Canoe Cr @Hwy 411); Talladega/St. Clair Co-Coosa River.

CH -- (Unit 18, Cherokee Co-Weiss Bypass/Terrapin Cr; Unit 19, Coosa Co-Hatchet Cr; Unit 21, St. Clair Co-Kelly/Shoal Cr; Unit 23, Shelby Co, Yellowleaf Cr; Unit 26, Elmore Co-Coosa River)

SNAILS

painted rocksnail (Leptoxis taeniata): E -- Talladega Co-Choccolocco Cr; Calhoun Co-Ohatchee Cr

interrupted rocksnail (Leptoxis foremani): E -- Elmore Co-Coosa River below Jordan

tulotoma snail (Tulotoma magnifica): E -- Talladega Co-Choccolocco Cr; Calhoun Co-Ohatchee Cr; Shelby Co-Yellowleaf Cr; Elmore Co-Weoka Cr, Coosa River below Jordan Dam; Weogufka Cr (need to determine); Hatchet Cr (need to determine); Shelby/St. Clair/Talladega Co-Coosa River; Talladega/St. Clair Co-Coosa;

** Lacy elimia (Elimia crenatella):

Page 7 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – August 5, 2004 – via conference call Revision 9-02-04

EO -- Talladega Co-Cheaha, Emauhee, and Weewoka Cr (consider lower Cheaha population--although outside of project boundaries, may be affected by operations at L. Martin; Malcolm, verify location-3.5 mls NE of Childersburg)

FISH

blue shiner (Cyprinella caerulea) EO -- Coosa Co-Weogufka Cr at CR 15; Cherokee Co-Little River; Spring Creek.

BIRDS

bald eagle (Haliaeetus leucocephalus) E – Floyd Co, Cherokee Co, Coosa Co, Chilton Co. red-cockaded woodpecker (Picoides borealis): E – Coosa Co.

PLANTS

Alabama leather-flower (Clematis socialis) EO? – Etowah Co.

Mohr’s Barbara’s buttons (Marshallia mohrii) EO? – Etowah Co.

harperella (Ptilimnium nodosum) E? -- Cherokee Co.

Kral’s waterplantain (Sagittaria secundifolia) E? – Cherokee Co.

green pitcher plant (Sarracenia oreophilia) EO? – Cherokee Co., Etowah Co.

Page 8 of 8 Coosa & Warrior Hydropower Relicense Section 7 Meeting – September 2, 2004 – via conference call Revision 09-08-04

Attendees

Jeff Powell USFWS Patric Harper USFWS Stephen Gidiere B&B Shane Boring Kleinschmidt Malcolm Pierson APC Bill Sim APC Jason Moak Kleinschmidt Henry Mealing Kleinschmidt

Action Items Due Date

• Draft mammal, bird and terrestrial plant sections of the BA. Shane Boring September 16, 2004 – provide update

• Draft meeting notes from 9-2-04 and distribute to attendees for comment Shane Boring September 9, 2004

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell September 16, 2004 – provide update

• Provide comments and finalize 8-05-04 Section 7 meeting notes All Attendees September 9, 2004

• Continue developing the list of potential impact to T&E Species All Attendees September 16, 2004 – provide update

• Provide update to Warrior Species Tracking Table Patric Harper and Jeff Powell September 16, 2004 – provide update

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Shane and Henry began the meeting by clarifying the status of meeting notes to date. The July 22, 2004 notes are final. The August 5, 2004 need final comments. Henry wants to make sure that we leave a good record for our decision-making.

Review of Action Items from last meeting:

• Draft mammal, bird and terrestrial plant sections of the BA. Shane Boring is still working on the first draft of these. He will get the draft out to the group when he is complete.

Page 1 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – September 2, 2004 – via conference call Revision 09-08-04

• Draft meeting notes from 8-5-04 and distribute to attendees for comment The group will provide comments ASAP.

• Incorporate Coosa Species List update from Jeff Powell into Section 7 Species Tracking Tables Shane completed this task.

• Distribute Coosa Species List update from Jeff Powell to other Work Group members Shane completed this task.

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell are continuing to work on this.

• Arrange meeting with Barry Lovett to discuss SMP land classifications and links to T&E species Update provide in these notes

• Draft list of all potential impact to T&E Species Update provided in these notes

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman are working on this coordination.

Shoreline Management and T&E Species

Henry gave a synopsis of a discussion with Barry Lovett and Dave Anderson regarding how the proposed Shoreline Management Plan will address impacts of activities around the lake on T&E species. The “sensitive” classification for shoreline areas is based on the known or probable presence of cultural resources, unique “wetlands”, and T&E species occurrence. APC first tries to discourage activities in sensitive areas by discussing the activity with the permitee. If the permitee wishes to continue with the request, APC will trigger an environmental review of the specific resource (cultural, wetland, T&E) expected to be impacted. APC will then either decline the permit request, if impacts are unacceptable, or will make recommendations to limit impacts as part of the approved permit. This process should enhance protection for T&E species within the project boundaries.

Species Tracking Tables

Shane opened the meeting with a brief discussion of the updates that were made to the Warrior and Coosa Species Tracking Tables. Specific, additions/edits to the tables included the following:

Page 2 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – September 2, 2004 – via conference call Revision 09-08-04

• Incorporation of Jeff Powell’s 8/5/04 Coosa Basin update (See 8/5/04 meeting notes) • Addition of a “Potential Impacts” category to the tracking tables, as agreed upon at the 8/5/04 meeting

It was noted that one additional snail species (the lacy elimia) had been added to the species tracking table as a result of Jeff Powell’s 8/5/04 Coosa Basin update (See 8/5/04 meeting notes). Malcolm Pierson noted that the lacy elimia is only known to occur in Cheaha Creek, which is outside the project boundaries. Jeff Powell subsequently concurred and suggested that it be eliminated from the species tracking table, as well as from further consideration in the BA.

The group approved the changes to the Tracking Tables. Jeff and Shane agreed to continue filling in the tables to facilitate development of the Biological Assessment (BA). Jeff suggested that we re-adjust the tables by development. That is, create a separate table for each development to make it easier to track which species is of concern at each development. The group agreed to this change. Shane will make adjustments. Jeff Powell and Patric Harper also agreed to develop a similar update for the Warrior Basin Species Tracking Table.

Reintroduced Species

Several group members enquired as to whether or not reintroduced populations of interrupted rock snail in the Coosa Basin would be designated as “experimental populations” for purposes of the Section 7 process. Jeff Powell noted that, because interrupted rocksnail is a candidate species, it doesn’t really require an “experimental population” status at this time.

Development of the Biological Assessment (BA)

Part of developing the BA will include developing a list of potential impacts. Jeff suggested that we evaluate any action that will affect the six essential constituent elements of critical habitat areas. Shane, Jason, and Jeff will continue to work on this list.

Future Meeting Schedule

The next meeting will be on September 16, 2004 @ 10:00 AM Central via conference call. We will use Jim Crew’s conference line – 1-888-654-2663 Passcode #2225276

Page 3 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – September 30, 2004 – via conference call Revision 10-01-04

Attendees

Jeff Powell USFWS Malcolm Pierson APC Shane Boring Kleinschmidt Jason Moak Kleinschmidt Henry Mealing Kleinschmidt

Action Items Due Date

• Complete draft Warrior BA and distribute to APC for internal review Shane Boring October 8, 2004

• Draft meeting notes from 9-30-04 and distribute to attendees for comment Shane Boring September 9, 2004

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell October 14, 2004 – provide update

• Provide comments and finalize 09-02-04 Section 7 meeting notes All Attendees, Shane Boring September 30, 2004

• Continue developing the list of potential impact to T&E Species All Attendees October 14, 2004 – provide update

• Provide update to Warrior Species Tracking Table Patric Harper and Jeff Powell October 14, 2004 – provide update

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Shane opened the meeting with an update of the status of meeting notes to date. The August 5, 2004 notes are final and have been distributed to the group. Shane reminded the group that the September 2, 2004 notes had been distributed to the group with comments due by September 22. Henry noted that he had received comments from Malcolm Pierson. Jeff Powell stated that he would have a look at the notes after the call and provide comments.

Review of Action Items from last meeting:

• Draft mammal, bird and terrestrial plant sections of the BA. Shane, Jason, and Henry are currently working on draft sections for all species being analyzed in the BA. Draft BA’s for both the Coosa and Warrior basins are approximately 80% complete. The Warrior BA will be distributed to APC for internal review by October 8, 2004.

Page 1 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – September 30, 2004 – via conference call Revision 10-01-04

• Draft meeting notes from 09-02-04 and distribute to attendees for comment Notes have been finalized and distributed to the group .

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell are continuing to work on this. Update provided in these notes.

• Provide comments and finalize 08-05-04 Section 7 meeting notes Notes have been finalized and distributed to the group – task complete.

• Continue developing the list of potential impacts to T&E Species Update provided in these notes

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman are working on this coordination.

Species Tracking Tables

Jeff Powell provided an update to the Coosa Section 7 Species Tracking Table (See attached updated Coosa Tracking Table). Specifically, Jeff noted that effects had been broken down by development. Also, Jeff noted significant progress on the development of the list of potential impacts (See updates in red on attached Coosa Tracking Table). Jeff also added that the following mussel and snail species, which were previously thought to be extinct or extirpated from the basin:

Georgia Pigtoe (Pleurobema hanleyanum) teardrop elimia (Elimia lachrymal) ribbed elimia (Elimia laeta) cobble elimia (Elimia vanuxemiana)

Jeff noted that these species were thought to have been recently rediscovered within the basin, but that several were awaiting positive identification. Jeff and Malcolm both indicated that, based on discussions with Paul Hartfield (USFWS) and Paul Johnson (Tennesseee Aquaruim), two of the three species would likely be confirmed, with the fourth needing further investigation. Jeff noted that these species are not currently federally-listed and thus are not afforded any protection at this time. Jeff indicated that he would provide further information regarding positive identification of these species as it becomes available.

The group approved the changes to the Tracking Table. Jeff and Shane agreed to continue filling in the tables to facilitate development of the Biological Assessment (BA).

Development of the Biological Assessment (BA)

Shane provided an update of the progress on the development of the BA. He indicated that, in addition to the terrestrial species cited in previous action items, significant progress had been

Page 2 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – September 30, 2004 – via conference call Revision 10-01-04 made on the aquatic sections as well. He added that the draft BA’s for both Warrior and Coosa were approximately 80% complete and were currently being reviewed internally at Kleinschmidt.

To facilitate development of the BA, Shane, Jason, and Jeff agreed to work on development of the list of all potential impacts. Jeff reiterated the need to evaluate any action that will affect the six essential constituent elements of critical habitat areas.

Shane noted that, based on Jeff’s 08/05/04 update to the Coosa Tracking Table, there appeared to be some uncertainty as to whether or not the following species occur with the project boundary of APC’s Coosa Basin developments:

Harperella Mohr's Barbara’s Buttons Alabama leather-flower Green pitcher plant Kral's water plantain

Malcolm noted that harperella, green pitcher plant, and Kral’s water plantain are aquatic or semi- aquatic species that occur in the Little River Canyon and potentially other areas within the project boundary. He added that Mohr's Barbara’s Buttons and Alabama leather-flower are only known from upland areas away from the reservoir and thus would likely not be affected by project operation. Jeff Powell concurred with this conclusion.

Future Meeting Schedule

The next meeting will be on October 14, 2004 @ 10:00 AM Central via conference call. We will use Jim Crew’s conference line – 1-888-654-2663 Passcode #2225276

Page 3 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – October 14, 2004 – via conference call Revision 10-19-04

Attendees

Jeff Powell USFWS Patric Harper USFWS Shane Boring Kleinschmidt Rob Fowler Balch & Bingham

Action Items Due Date

• Draft the introductory sections for Warrior BA and distribute to the group for review Shane Boring November 14, 2004

• Complete draft Coosa BA and distribute to APC for internal review Shane Boring November 7, 2004

• Draft meeting notes from 10-14-04 and distribute to attendees for comment Shane Boring October 20, 2004

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell October 28, 2004 – provide update

• Check with APC to determine if Smith Project Boundary extends into Lawrence County Shane Boring October 28, 2004

• Double-check USFWS records regarding occurrence of Indiana bat in Winston County Patric Harper October 28, 2004

• Contact Malcolm for any updates on the flattened musk turtle studies Shane Boring October 28, 2004

• Provide comments and finalize 09-30-04 Section 7 meeting notes All Attendees, Shane Boring October 22, 2004

• Continue developing the list of potential impacts to T&E Species All Attendees October 28, 2004 – provide update

• Provide update to Warrior Species Tracking Table Patric Harper and Jeff Powell October 28, 2004 – provide update

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Page 1 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – October 14, 2004 – via conference call Revision 10-19-04

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Shane opened the meeting with an update of the status of meeting notes to date. The September 2, 2004 notes are final and have been distributed to the group. Shane reminded the group that the September 30, 2004 notes had been distributed to the group with comments due by October 21.

Review of Action Items from last meeting:

• Complete draft Warrior BA and distribute to APC for internal review This task is complete and the document is currently in review at APC.

• Draft meeting notes from 9-30-04 and distribute to attendees for comment This task is complete.

• Continue filling in Species Tracking Table and work on BA Jeff, Shane and Patric are continuing to work on this task. See update included in these notes.

• Provide comments and finalize 09-02-04 Section 7 meeting notes Notes were finalized and distributed to the group on September 30, 2004 – task complete.

• Continue developing the list of potential impact to T&E Species Jeff, Shane and Patric are continuing g to work on this task.

• Provide update to Warrior Species Tracking Table Patric Harper is continuing to work on this task with assistance from Shane.

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman are working on this coordination.

Development of the Biological Assessment (BA)

Shane provided an update of the progress on the development of the BA. He indicated that the Warrior BA has been drafted and distributed internally at APC for review. The draft BA will be distributed to the larger group as soon as this review is complete (see action items above). It was also noted that the initial draft of the Coosa BA is approximately 80% complete and will distributed the group in a similar manner for review. Shane added that a draft of the Coosa BA will be available for internal review by November 7, 2004.

Species Tracking Tables

The group briefly discussed the status of the flattened musk turtle studies being conducted on Smith Lake and Bankhead National Forest. Shane indicated that he had reviewed both the 2002

Page 2 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – October 14, 2004 – via conference call Revision 10-19-04

And 2003 progress report and noted that, while the reports were very insightful, neither provided any statistical analysis of the data or conclusions. Shane asked whether any group members were aware of the issuance of a final report or thesis. Jeff Powell indicated that he had received and reviewed both the 2002 and 2003 reports, but that he had not seen any additional updates. Shane agreed to talk with Malcolm Pierson to see if he has any additional information regarding the status of this study.

The group also discussed the status of Indiana bat in the vicinity of the Lewis Smith Development. Specifically, Shane noted that the USFWS’s County listings indicate that Indiana bat is known only from Lawrence County in the basin, while the final species list provided by USFWS listed the species as occurring in Lawrence and Winston Counties (See letter from USFWS dated April 14, 2004). Shane added that this is of particular significance for analyzing this species in the BA. If Indiana bat is known from Winston County, then it has the potential to occur within the Project Boundary. If it occurs only in Lawrence, it is well removed from the Project Boundary and thus would likely not be affected by the relicensing. Patric Harper indicated that he was under the impression that the Smith Project Boundary extends into Lawrence County. Shane agreed to discuss with APC the extent of the Smith Project Boundary and report back to the group. Patric stated that he would double-check their occurrence records for Indiana bat to ensure that Winston County had not been listed in error.

Future Meeting Schedule

The next meeting will be on October 28, 2004 @ 10:00 AM Central via conference call. We will use Jim Crew’s conference line – 1-888-654-2663 Passcode #2225276

Page 3 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – December 16, 2004 – via conference call Revision 12-22-04

Attendees

Jeff Powell USFWS Patric Harper USFWS Bill Sim APC Malcolm Pierson APC Shane Boring Kleinschmidt Jason Moak Kleinschmidt Henry Mealing Kleinschmidt

Action Items Due Date

• Coordinate a date and time for next Section 7 meeting during 2005 AFA Meeting Shane Boring January 14, 2005

• Incorporate comments on Draft BA’s and distribute prior to meeting at AFA Shane Boring January 14, 2005

• Draft meeting notes from 12-16-04 and distribute to attendees for comment Shane Boring December 22, 2004

• Draft Cumulative Effects Analysis for the Warrior BA. Jason Moak January 14, 2005

• Distribute final Flattened Musk Turtle Study Report to group Malcolm Pierson ASAP

• Update Warrior Species Tracking Tables relative to Indiana bat Shane Boring January 5, 2005

• Continue filling in Species Tracking Table and work on BA Shane Boring and Jeff Powell January 24, 2005 – provide update

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Shane opened the meeting with an update of the status of meeting notes to date. Specifically, both the September 30, 2004 and October 14, 2004 notes have been finalized and were distributed to the group via e-mail on December 14, 2004.

Review of Action Items from last meeting:

• Draft the introductory sections for the Warrior BA and distribute to the group for review These sections have been drafted and will be included in the next draft of the BA’s.

Page 1 of 4 Coosa & Warrior Hydropower Relicense Section 7 Meeting – December 16, 2004 – via conference call Revision 12-22-04

• Complete draft Coosa BA and distribute to APC for internal review This task is complete.

• Draft meeting notes from 10-14-04 and distribute to attendees for comment This task is complete.

• Continue filling in Species Tracking Table and work on BA Jeff, Shane and Patric are continuing to work on this task. See update included in these notes.

• Check with APC to determine if Smith Project Boundary extends into Lawrence County This task is complete. See update provided by Patric Harper below.

• Double-check USFWS records regarding occurrence of Indiana bat in Winston County This task is complete. See update provided by Patric Harper below.

• Contact Malcolm for any updates on the flattened musk turtle studies This task is complete. See update provided by Malcolm Pierson below.

• Provide comments and finalize 09-30-04 Section 7 meeting notes This task is complete.

• Continue developing the list of potential impact to T&E Species Jeff, Shane and Patric are continuing to work on this task.

• Provide update to Warrior Species Tracking Table Patric Harper and Shane are continuing to work on this task. See update below.

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman are working on this coordination.

Review of Draft Biological Assessments (BAs)

Patric Harper and Jeff Powell provided comments on the draft Coosa and Warrior Biological Assessments, which were distributed to the USFWS for review on November 22 and December 6, 2004, respectively. Jeff and Patric noted that they would like to the see the analyses for both the Coosa and Warrior BA’s restructured to have the affects broken down by development, particularly for freshwater mussels. Jeff indicated that he had drafted a proposed framework that he will pass on to Henry, Jason, and Shane. While both Jeff and Patric indicated that they had a number of specific comments, which they will provide as track changes, the following general comments were provided regarding the BA’s:

Page 2 of 4 Coosa & Warrior Hydropower Relicense Section 7 Meeting – December 16, 2004 – via conference call Revision 12-22-04

Coosa BA Jeff noted several potential cumulative impacts that he would like to see addressed in the Cumulative Effects Analysis, such as PCBs in Choccolocco Creek and impacts of the transmission line right-of-way maintenance (i.e., mowing, aerial herbicide spraying). In regards to right-of-way maintenance, Bill Sim noted that, to the best of his knowledge, transmission lines beyond the powerhouse are outside of the project boundary and thus are not subject to the relicensing process. Jeff noted that, although this is outside the project boundary, it could still potentially be a cumulative impact and suggested possibly listing such impacts in a table in the BA. The group discussed this and decided that these items could be listed in the cumulative impacts section, but would not receive a thorough analysis. Providing the basic information available for each impact should be sufficient.

Jeff also noted that one recent addition to the Coosa Species Tracking Table, the Georgia pigtoe, had not been analyzed in the BA. Shane added that Georgia pigtoe was one of four species that were recently added to the species list (along with the teardrop elimia, cobble elimia, and ribbed elimia) but were awaiting positive identification through DNA testing and other methods (See 9/30/04 Section 7 Meeting Notes). Jeff indicated that this was the case for the three snail species (teardrop, cobble, and ribbed elimia), but that Georgia pigtoe was added as the result of a change in nomenclature. Shane stated that we would incorporate an analysis for Georgia pigtoe in the next draft of the BA. Jeff reminded the group that Georgia pigtoe is a candidate species and should be analyzed accordingly.

Warrior BA Patric noted that he did not see a Cumulative Effects Analysis included in the Warrior BA for freshwater snails and mussels. Jason agreed to prepare a Cumulative Effects analysis and incorporate it into the next draft of the Warrior BA. The group also discussed APC ownership on the Bankhead Development. The Bankhead Project (dam, lake, and lock) is owned and operated by the Army Corps of Engineers. APC owns and operates a powerhouse on the dam and only uses “excess water” for generation as defined by the Corps. Therefore, APC’s impact is only related to passing water through the turbines – not the impacts caused by the presence or operation of the lake. The Warrior BA will be structured to reflect this fact.

Species Tracking Tables

Malcolm provided a brief update of the status of the flattened musk turtle (FMT) studies being conducted on Smith Lake and Bankhead National Forest. Malcolm has spoken with Ken Marion (UAB) and Ken’s group is putting the finishing touches on the final FMT report. Malcolm will pass on the final report to the group as soon as he receives it from Ken.

The group also discussed the status of Indiana bat in the vicinity of the Lewis Smith Development. Specifically, the USFWS’s County listings indicate that Indiana bat is known only from Lawrence County in the basin, while the final species list provided by USFWS listed the species as occurring in Lawrence and Winston Counties (See letter from USFWS dated April

Page 3 of 4 Coosa & Warrior Hydropower Relicense Section 7 Meeting – December 16, 2004 – via conference call Revision 12-22-04

14, 2004). Patric indicated that he had double-checked USFWS’s occurrence records and found no record of the species inhabiting Winston County. Patric suggested that the Indian bat may have been listed for Winston County in error. Shane added that he had also double-checked the extent of the Lewis Smith Project Boundary and that it does not extend into Lawrence County (where Indiana bat has been documented as occurring). Henry added that a map of the Smith Project Boundary should have been included the draft License Application and Environmental Assessment that were distributed on December 10th. Patric agreed that (based on current information) the species appears to be well removed from the Project Boundary and would likely not be affected by the relicensing. Shane agreed to update the Warrior Species Tracking Table to reflect this information.

Future Meeting Schedule

Several group members indicated that they will be attending the Alabama Fisheries Association (AFA) meeting in Auburn on January 24th and 25th, 2005 and proposed a face-to-face meeting at that time. The group agreed to meet at the AFA meeting and Shane will coordinate a date and time for our meeting via e-mail.

Page 4 of 4 Coosa & Warrior Hydropower Relicense Section 7 Meeting – January 24, 2005 – Auburn University Hotel and Conference Center

Attendees

Jeff Powell USFWS Jim Lochamy APC Bill Sim APC Malcolm Pierson APC Shane Boring Kleinschmidt Henry Mealing Kleinschmidt Stephen Gidiere B&B Stan Cook ADCNR

Action Items Due Date

• Coordinate a date and time for next Section 7 meeting / conference call Shane Boring February 24, 2005

• Incorporate USFWS’s comments on Draft Coosa BA Shane Boring February 23, 2005

• Draft meeting notes from 01/24/05 and distribute to attendees for comment Shane Boring February 11, 2005

• Provide additional information on Cumulative Effects Analysis under ESA Jeff Powell February 11, 2005

• Provide comments on Draft Warrior BA Patric Harper ASAP

• Add description of Action Area to Draft Coosa BA Shane Boring February 23, 2005

• Schedule field visit to Canoe Creek CH Unit to examine habitat Malcolm Pierson and Jeff Powell February 18, 2005

• Schedule meeting with USFWS to discuss red-cockaded woodpecker enhancements Bill Sim February 18, 2005

• Provide info regarding leakage / groundwater upwelling studies at Logan Martin to USFWS Bill Sim February 24, 2005

• Continue to investigate USFWS coordination with USFS and NOAA Fisheries Jeff Powell, Patric Harper, or Larry Goldman ASAP

Meeting Notes

These notes summarize the major items discussed during the meeting and are not intended to be a transcript or analysis of the meeting.

Shane opened the meeting with an update of the meeting notes to date. The notes from the December 16, 2004 meeting have been finalized and were distributes via e-mail on January 22.

Page 1 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – January 24, 2005 – Auburn University Hotel and Conference Center

The group also discussed the status of the draft Coosa and Warrior Biological Assessments. Specifically, it was noted that APC has received comments from USFWS on the Coosa BA, but are still awaiting comments on the Warrior BA. Jeff Powell noted that he will touch base with Patric Harper regarding review of the Warrior BA. Since comments have not yet been provided on the Warrior BA, the group agreed that today’s discussions should focus on addressing the comments/questions provided by Jeff Powell on the Draft Coosa BA.

Shane Boring distributed the latest version of the Draft Coosa BA, which was also distributed to the group via e-mail on 1/21/05, noting that an attempt had been made to rearrange the document according the format suggested by Jeff Powell at the 12/16/04 Section 7 Meeting. Specifically, an attempt was made to analyze effects by project rather than by species as initially drafted. Shane also noted that the comments provided by USFWS on the Draft Coosa BA had been left intact in the updated document to allow for discussion at today’s meeting. Jeff Powell indicated that the updated format was generally acceptable, but noted that the action area needed to be more clearly defined in the Introduction section.

The remainder of the meeting focused on addressing the USFWS’s comments on the Coosa BA. In addition to a number of minor comments, major comments addressed include the following:

Cumulative Impacts Analysis

Stephen Gidiere noted that he was unsure whether the information requested by USFWS as part of the analysis of Cumulative Effects (i.e., PCBs in Choccolocco Creek, herbicide treatment of transmission line rights-of-way, etc.) would be considered cumulative impacts under the ESA. Specifically, Stephen noted that cumulative impacts as defined by the ESA differ from cumulative impacts under NEPA. Jeff Powell agreed to have a look at the UFWS Section 7 Handbook regarding cumulative effects and will report back to the group.

Red-Cockaded Woodpeckers (RCW) at Mitchell

Bill Sim noted that a meeting between USFWS and APC has been scheduled for February 2005 to discuss development of a detailed RCW enhancement and management strategy. He added that the BA analysis would need to be updated subsequent to these discussions. As such, the group agreed to postpone discussions relative to this species until after the meeting with USFWS.

Dissolved Oxygen Enhancements

Henry Mealing asked whether or not the USFWS still considers water quality to be a major concern for threatened and endangered species. Jeff indicated that it is still a concern, but that he hoped the proposed DO improvements will provide the needed protection for listed species and their critical habitats. Jeff stated that the USFWS would like to see a more detailed DO enhancement strategy included or attached to the

Page 2 of 3 Coosa & Warrior Hydropower Relicense Section 7 Meeting – January 24, 2005 – Auburn University Hotel and Conference Center

BA. He noted that the 401 Application and the APEA refer to DO improvements in general but don’t give specifics.

Jeff Powell enquired specifically about the source of the low DO water below Logan Martin (i.e., whether the water leaking under the dam is groundwater or hypolymnetic water). Bill Sim explained that studies have been done and have found that some upwellings are almost entirely groundwater, while other are a mix of hypolymnetic water and groundwater. Jeff requested copies of the studies and Bill Sim agreed to provide them.

Big Canoe Creek Critical Habitat (CH) Unit

Jeff Powell noted that the Big Canoe Creek CH Unit (Unit 24) encompasses portions of the Neely Henry project boundary and thus may need to be included in the BA analysis. Citing Mike Gangloff’s dissertation work (Auburn Univ.), Jeff noted that several listed species had been recently documented within Unit 24. He added, however, that it is unclear whether these species occur far enough downstream to be within the project boundary. Jeff and Malcolm Pierson agreed that a site visit was in order to examine the habitat in the reach of Unit 24 within the project boundary and determine whether or not these species are likely to occur within the action area. Jeff noted that, if suitable habitat is not found within the project boundary, it may be possible to eliminate them from further consideration in the BA.

Additional Species

Stan Cook noted that two additional species of snail previously thought to be extinct had been rediscovered downstream of Logan Martin tailrace. Stan noted that these species will be added to the State’s list for protection. Jeff stated that these species don’t currently have any federal protection and wouldn’t necessarily be added to the BA. The group acknowledged that we will try to address these species in some manner as part of relicensing even if they don’t appear in the BA or BO.

Future Meeting Schedule

The group agreed that the next meeting should be held in approximately one month to allow sufficient time for the USFWS’s comments to be incorporated into the Draft BA. Shane will arrange the exact date and time for the next Section 7 meeting.

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