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2 United Parcel Service Bill Pearson, Field Supervisor Daphne 2 United Parcel Service Bill Pearson, Field Supervisor Daphne Ecological Services Field Office US Fish and Wildlife Service 1208-B Main Street Daphne, AL 36526 Project No. 2146-ill —Alabama and Georgia Coosa River Hydroelectric Project Alabama Power Company Subject: Re4uest for Formal Consultation under the Endangered Species Act and Concurrence with Endangered Species Determination Dear Mr. Pearson: As required by section 7 of the Endangered Species Act, I am requesting formal consultation with your office. In the enclosed biological assessment (BA), we analyze the effects of relicensing the Coosa River Hydroelectric Project (Coosa River Project) on federally listed threatened and endangered species and their critical habitat, as identified by the U.S. Fish and Wildlife Service (FWS) and the Alabama Power Company (Alabama Power) in draft and supplemental Biological Assessments (BA) filed with the Commission on March 22, 2007, and January 24, 2011 respectively. These BAs list 30 federally listed species and 12 critical habitat Units (with some overlap) which are known to, or may, occur in the project vicinity. The listed species include: Alabama leatherflower (Clematis socialis) Mohr’s Barbaras buttons (Marshallia mohrii) Harperella (Ptilimnium nodosum) Kral’s waterplantain (Sagittaria secund(f’olia) Green pitcher plant (Sarracenia oreophila) Red-cockaded woodpecker (J-’icoides borealis) Blue shiner (Cyprinella caerulea) Amber darter cPercina anteelia) (oId1 inc darter (Percina 4n,roiineala) Painted rocksnail (Leptoxis taeniata) Interrupted rocksnail (Leptoxisforemani) Rough hornsnail (Pleuroceraforemani) Tulotoma snail (Tulotoma magnfica) Cylindrical lioplax (Lioplax cyclostomaformis) Lacy Elimia (Elimia crenatella) Flat pebblesnail (Lepyrium showalteri) Southern acornshell (Epioblasina othcaloogensis) Upland combshell (Epiobiasma merastriata)’ Finelined pocketbook (Hamiota (Lampsilis) aitilis) Alabama moccasinshell (Medionidus acutissimus) Coosa moccasinshell (Medionidus parvulus) Southern clubshell (Pleurobema decisum) Southern pigtoe (Pleurobema georgianum) Ovate clubshell (Pleurobema perovatum) Triangular kidneyshell (Ptychobranchus greenii) Southern combshell (Epioblasina penica) Georgia. pigtoe (Pie urobeina hanieyianum)2 Heavy pigtoe (Pleurobema taitianum) Rayed kidneyshell (Ptychobranchusforemanianus) Inflated heelsplitter (Potamilus inflatus) On July 9, 2007, FWS issued a final rule (Final Delisting Rule effective on August 8, 2007) removing the bald eagle (Haliaeetus leucocephalus), from the list of endangered and threatened wildlife.3 The bald eagle, however, is still protected under the Bald and Golden Eagle Protection Act, as amended,4 and the Migratory Bird Treaty Act, as amended5 both of which prohibit the take of bald eagles. The bald eagle is not likely to be disturbed under the preferred alternative. With regard to the listed species and critical habitat, and based on our review of the record, we conclude the following: The southern acornshell and upland combshell are extinct in Alabama; these mussels are part of the species group combined in the mussel Critical Habitat Units. 2 The Georgia pigtoe is not included in the mussel Critical Habitat Units group. Endangered and Threatened Wildlife and Plants; RemGving the Bald Eagle in the Lower 48 States From the List of Endangered and Threatened Wildlife. Final Rule. 72 Fed. Reg. 37346 (July 9, 2007). 16 U.S.C ll 668-668d. FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, DC 20426 Noveniber4, 2011 OFInCE or ENERGY PROiECTS 16 U.s.L. 03-12. BIOLOGICAL ASSESSMENT BIOLOGICAL ASSESSMENT FOR THREATENED AND ENDANGERED SPECIES FOR THE COOSA HYDROELECTRIC PROJECT (FERC NO. 2146) FOR COOSA RIVER HYDROELECTRIC PROJECT Coosa River Hydroelectric Project—FERC Project No. 2146-111 Alabama and Georgia Federal Energy Regulatory Commission Office of Energy Projects Division of Hydropower Licensing 888 First Street, NE Washington, DC 20426 U.S. Army Corps of Engineers, Mobile District 109 Saint Joseph Street Mobile, AL 36602 1.0 INTRODUCTION AND BACKGROUND Alabama Power Company (APC) filed, on January 24, 2011, a supplement to the draft Biological Assessment (BA) APC filed with the Commission on March 22, 2007, as part of the relicensing of the Coosa River Project (FERC No. 2146-111). The draft BA listed fourteen species that are federally listed as threatened or endangered, or are candidates for listing, under Section 7 of the Endangered Species Act (ESA), which are known to occur or have the potential to occur within the project boundary.’ The draft BA also analyzed the potential impact to six critical habitat units in the project area that are designated for nine mussel species. On April 6, 2009, Commission staff issued a draft Environmental Assessment (EA), which included its BA for the listed species, for the relicensing of the Coosa River Project. In its EA, staff concluded that continued project operations under the new license would: (1) not likely to adversely affect five listed species and one critical habitat Unit for mussels; (2) have no affect on five listed species and four critical habitat units for mussels; and (3) likely adversely affect the red-cockaded woodpecker, the fine-lined pocketbook mussel, the southern clubshell mussel, the tulotoma snail, and Critical Habitat Unit 18 (Weiss Bypass Critical Habitat).2 By letter dated April 17, 2009, staff conveyed its The species in the draft BA included: the threatened blue shiner (Cyprinella caerulea), fine-lined pocketbook (Lampsilis a/ti/is), painted rocksnail (Lextopis taeniata), Tulotoma snail (Tulotoina magnjflca), Mbhr’s Barbara’s buttons (Marshal/ia mohrii), and Kral’s waterplaintain (Sagitraria secundfolia): and the endangered southern clubshell (P/euro bema decisum), southern pigtoe (Pleurobema georgianum), triangular kidneyshell (Plychobranchus greenhi),, cylindrical lioplax snail (Lioplax cyclostomataforniis), Alabama leather flower (Clematis soda/is), harperella (Ptilimnium nodosum), green pitcher plant (Sarracenia oreophila). and red-cockaded woodpecker (Picoides borealis). ‘On July 9, 2007, the bald eagle (one of the fourteen species considered in the BA) was removed from the list of threatened and endangered species under the ESA b) US. Fish & Wildlife Service. See 72 Fed. Reg. 37346 (JuI 9. 2OO). In the draft hA, safl concluded that the bald eagle, which jeitialits poteced undet 3 1. continued project operation, as proposed by Alabama Power, and with our recommended measures is not likely to adversely affect the existing populations of the Alabama leatherfiower, Mohr’s Barbaras buttons, harperella, Kral’s waterplantain, and green pitcher plant; 2. continued project operation, as proposed by Alabama Power, and with our recommended measures, is likely to adversely affect existing populations of the red-cockaded woodpecker, Tulotoma snail, rough hornsnail, interrupted rocksnail, painted rocksnail, fineline pocketbook mussel, and the southern clubshell mussel; 3. continued project operation, as proposed by Alabama Power, and with our recommended measures, is likely to adversely affect reintroduced populations of blue shiner, amber darter, goldline darter, painted rocksnail, interrupted rocksnail, rough homsnail, cylindrical lioplax, lacy elimia, flat pebblesnail, finelined pocketbook, Alabama moccasinshell, Coosa moccasinshell, southern clubshell, southern pigtoe, ovate clubshell, southern combshell, Georgia pigtoe, heavy pigtoe, rayed kidneyshell, and inflated heelsplitter; 4. continued project operation, as proposed by Alabama Power, and with our recommended measures, (a) is likely to adversely affect mussel Critical Habitat Units 18 and 26, interrupted rocksnail Units JR I and 3, rough hornsnail Units RI-I 1 and 2, and Georgia pigtoe Units GP 2 and 3, and (b) is not likely to adversely affect the remaining Habitat Units, or sections thereof. Please review the enclosed document and provide us with your biological opinion (BO) no later than 135 days from the date of receipt of this letter. If we do not hear from you within 30 days, we will assume that you have sufficient information to initiate consultation and will provide us with your biological opinion by March 21,2012. We would like the opportunity to comment on the BO prior to its finalization. With regards to the remaining species and critical habitats identified in paragraphs 1 and 4(b), we do not believe that formal section 7 consultation, pursuant to the ESA, is required. Please tell us in writing, within 30 days from the date of receipt of this letter, if you do or do not concur with our “not likely to adversely affect” finding(s) for those species and habitats. If you need to informally discuss concerns before making your determination, please contact Sean Murphy at 202-502-6145 to indicate your interest in initiating a teleconference with all parties on this issue. Please file your response electronically via the Internet. See 18 C.F.R. 385.200l(a)(1)(iii) and the instructions on the Commission’s website (http ://www.ferc.gov/docs-filingjefiling.asp). For assistance, please contact FERC Online Support at FERCOnlineSupport(ferc.gov call toll-free at (866) 208-3676; or, for TTY, contact (202) 502-8659. Although the Commission strongly encourages electronic filing, your response may also be paper-filed. To paper-file, mail an original and eight copies to: Kimberly D, Bose. Secretary. Federal Energy Regulatory Commission. 888 First Street. NE. Washington. D.C. 20426. Please put the dockct number. P-2146-lll on th first page ofyour response.
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