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.
4 If you have any questions, please contact Sean Murphy at the number listed above, or via e-mail at sean.murphyferc.gov. Sincerely, /)/4 Mark Pawlowski, Chief South Branch Division of Hydropower Licensing Enclosure: Coosa River Hydroelectric Project Biological Assessment cc: Mailing List Public Files Willie Taylor, Director Office of Environmental Policy and Compliance Department of the Interior 1849 C Street, N.W. Washington DC 20240 findings to the U.S. Fish & Wildlife Service (FWS) and requested FWS’s concurrence with its findings. In addition, the letter initiated formal ESA consultation with FWS for the fine-lined pocketbook, southern clubshell, Tulotoma snail, and red-cockaded woodpecker. FWS reviewed staffs BA and responded (by letter filed on May 21, 2009) that it needed more information before initiating formal consultation. FWS indicated that it needed a more thorough description of the manner in which the action may affect the listed species, before it could concur with the staff’s determinations. Specifically, FWS inquired as to what dissolved oxygen (DO) standard would be maintained during periods of non-generation, and how this would be achieved, monitored, and reported. In addition, FWS requested specific information on what procedures would be followed during periods of drought and how these procedures would affect listed species. Finally, FWS noted some additional information with regard to the distribution of the painted rocksnail. Although the painted rocksnail was believed to only inhabit the Choccolocco and Ohatchee creeks at the time the draft BA was filed by APC with the Commission, the painted rocksnail was reported from the mainstem of the Coosa River downstream from Logan Martin Dam in the summer of 2007. Therefore, FWS requested that the painted rocksnail be included and analyzed with the other threatened and endangered species occurring in the pr.oject area. The FWS indicated that formal consultation would begin after it received all the requested information, or a statement from staff explaining why the information could not be made available. On December 31, 2009, staff issued its final EA for the relicensing of the project. With respect to endangered species, the final EA concluded that relicensing the Coosa River Project, as proposed with staff-recommended measures, would likely adversely affect the red-cockaded woodpecker and the tulotoma snail. The final EA also concluded that the project was not likely to adversely affect the remaining listed species, would have no effect on the four critical habitat units occupying tributaries of the Coosa River (Units 19, 21, 23 and 24), and was not likely to adversely affect units 18 and 26 for mussel species located in the mainstem of the Coosa River. Following issuance of the final EA, staff, in a letter dated January 15, 2010, requested formal consultation with FWS on the tulotoma snail and the redcockaded woodpecker.
APC and FWS had continued informal consultation after the filing of the draft BA in 2007, which has included gathering, reviewing, and analyzing new information. In conference calls on February 22, 2010, and April 13, 2010, FWS and APC advised staff of their intention to prepare and submit an addendum to update the BA with new information and analysis. Specifically, the issues to be updated include: (1) a discussion of the recent finding of the painted rocksnail downstream from Logan Martin Dam; (2) a discussion of future drought operations in light of the experience gained during the extreme drought of 2007 and the discussion of project flows in the final EA; (3) a discussion of the current DO baseline at Logan Martin and a proposed Adaptive Management Plan to assess impacts to listed species; (4) an analysis of the listing and designation of critical habitat for the interrupted rocksnail and rough homsnail and any project impacts to species or critical habitat; (5) a discussion of the biennial Lay Lake drawdown and how that activity may impact certain listed and proposed species and their critical habitat; and (6) a discussion of the planned freshwater mollusk reintroductions and enhancements within the project area. The supplement to the draft BA filed on January 24, 2011, included seven attachments. 1) Choccolocco Creek Habitat Assessment 2) FWS’ After-the-Fact Biological Opinion for 2007 Drought Operations at Jordan Dam 3) APC-ACT Drought Response Operations Proposal (ADROP) 4) DO Levels at Railroad Trestle Downstream of Logan Martin Dam 5) Detailed Study Plan for Logan Martin Tailrace 6) FWS and ADCNR’s Plan for Population Restoration and Conservation of Freshwater Mollusks of the Mobile River Basin 7) FWS and ADCNR’s List of Proposed Species and Sites for Reintroduction in the Coosa River Basin These documents are referenced directly and are not attached to this BA. The purpose of this BA is to incorporate the new information into the licensing record, so that it can be considered by the staff and FWS as part of formal Section 7 consultation. Therefore this BA reviews the information available for existing populations of twelve species, theAlabama leather flower, harperella, green pitcher plant, Mohr’s Barbara’s buttons, Kral’s waterplantain, red-cockaded woodpecker, fine-lined pocketbook, southern clubshell, painted rocksnail, interrupted rocksnail, rough hornsnail, and tulotoma snail. The BA also reviews information for 20 species for potential reintroduction of including fish (3), snails (6) and mussels (11) in the project area.3 Finally the BA reviews See TaNc for 5pecicc. the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, is not likely to be disturbed 1w the project’s continued operation under the new license l at 5
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-4- project effects on twelve Critical Habitat Units, comprised of six sections of river or stream due to overlapping habitat.4
2.0 PROJECT DESCRIPTION AND PROPOSED ACTION
Project Description
Currently, APC operates three separately-licensed projects that include seven developments: (1) the Coosa River Project, which includes the Weiss, H. Neely Henry (Neely Henry), Logan Martin, Lay, and Bouldin developments; (2) the Mitchell Project (FERC Project No. 82); and (3) the Jordan Project (FERC Project No. 618). APC applied for a single new operating license that would combine all of these developments under existing Project No. 2146. The combined 960.9-megawatt (MW) Coosa River Project is located on the Coosa River in Cherokee, Etowah, Calhoun, St. Clair, Talladega, Shelby, Coosa, Chilton, and Elmore counties, Alabama, and Floyd County, Georgia. The short descriptions of the seven developments follow, complete descriptions of the project developments can be found in the final EA. The Weiss development consists of: (1) a diversion dam with a gated spillway; (2) a secondary dam with an integral powerhouse intake; (3) three saddle dikes; (4) a reservoir; (5) a power canal; (6) a powerhouse with three units; (7) a tailrace. channel; (8) a bypassed reach; (9) a substation; and (10) other appurtenant equipment. The two, 115-kilovolt (kV), transmission lines that connect the substation to APC’s transmission system are not part of the licensed project. The Neely Henry development consists of: (1) a dam; (2) a reservoir; (3) a powerhouse with three units; (4) a substation; and (5) other appurtenant equipment. The two, 1 15-ky, transmission lines that connect the substation to APC’s transmission system are not included as part of the licensed project. The Logan Martin development consists of: (1) a dam; (2) a reservoir; (3) a powerhouse with three units; (4) a substation; and (5) other appurtenant equipment. The four, 1 15-ky, transmission lines that connect the substation to APC’s transmission system arc not included as part of the licensed project. The Lay development consists of: (1) a dam; (2) a reservoir; (3) a powerhouse with six units; (4) a substation; and (5) other appurtenant equipment. The four, 11 5-ky, transmission lines that connect the substation to APC’s transmission system are not included as part of the licensed project. For e’.ainple. mussel I ‘nit 18 also contains interrupted rocknail unit IR 3 and (eorgi pigrne mit GP .
The Bouldin development consists of: (1) a power canal and forebay; (2) a forebay dam; (3) a powerhouse with three units; (4) a tailrace channel from the powerhouse to the Coosa River; (5) a substation; and (6) other appurtenant equipment. The four, 11 5-ky, transmission lines that connect the substation to APC’s transmission system are not included as part of the licensed project. The Mitchell development consists of: (1) a dam; (2) a reservoir; (3) the original powerhouse with one active unit; (4) a newer powerhouse with three units; (5) a substation; and (6) other appurtenant equipment. The four, I 15-ky, transmission lines that connect the substation to APC’s transmission system are not included as part of the licensed project. The Jordan development consists of: (1) a dam; (2) a reservoir; (3) a powerhouse with four units; (4) a substation; and (5) other appurtenant equipment. The seven, 1 15-ky, transmission lines that connect the substation to APC’s transmission system are not included as part of the licensed project. Key operational features of Coosa River Project developments. (Source: APC, 2005b)
Development
Mode Of Operation
Nameplate Rating (MW)
Weiss peaking
87.75 MW
Neely Henry peaking
72.90 MW
Logan Martin peaking
128.25 MW
Lay run-of-river
177.00 MW
Mitchell run-of-river
170.00 MW
Jordan run-of-river
100.00 MW
Bouldin run-of-river Total Coosa developments’ capacity
225.00 MW 960.90 MW
The project would affect federal lands. The Logan Martin development occupies less than an acre of federal lands administered by the Bureau of Land Management. In addition, the Lay, Mitchell, and Jordan developments occupy 133.5 acres, 127.3 acres, and 10.1 acres of federal land administered by Bureau of Land Management, respectively. The majority of federal lands occupied by the project are inundated by the reservoirs.
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-6- Proposed Action a 0 a c) N C C (N C a c) •0< Va a a a— e (Jo a (N V ,— a o . .2 0 V .0 a 1—
The action evaluated in the EA is APC’s relicensing of the Coosa River projects. This includes: (I) continuation of current project operations; (2) implementation of a shoreline management plan; (3) implementation of a wildlife management plan; (4) improvements to DO; (5) implementation of Adaptive Management Plans for the Weiss Bypass and Logan Martin; (6) the Coosa River Project portion of the Alabama-ACT Drought Response Operations Proposal; and (7) the drawdown of Lay Lake. APC did not propose to increase the project capacity, but did propose operational changes that would raise winter water levels at the Weiss, Logan Martin, and Neely Henry reservoirs. APC also proposed to release a variable continuous minimum flow into the Weiss bypassed reach to enhance aquatic habitat and aquatic species as part of a comprehensive adaptive management plan. APC would continue to operate the Lay, Mitchell, Jordan, and Bouldin developments as it has under the existing license, including continuing to release aquatic enhancement and recreational flows downstream of Jordan dam. APC also would design, install, and operate aeration systems at Weiss, Neely Henry, and Logan Martin developments. 3.0 SPECIES EVALUATED IN BIOLOGICAL ASSESSMENT Included with this BA, as taken from APC ‘a supplemental BA, is a revised table 1, which lists the species and critical habitat units evaluated and a summary of the determination of effects. This revised table 1 now includes listed and unlisted species proposed for reintroduction or augmentation and their targeted reintroduction or augmentation locations within the Coosa River Basin. Table 2 is a list of the species and critical habitat which would likely be adversely affected by continued project operation, and for which formal consultation is being requested. Formal consultation would result in the preparation of a biological opinion(s) (BO) for these affected species and critical habitat by the EWS. Table 3 is a list of the species and critical habitat which are not likely to be adversely affected by actions under the new license, and for which consultation can be concluded. Notably, some species occur in table 2 and table 3 because of the different populations and locations of such species.
00
— / Species Name Kit .s ‘aterpIantain (S Ig/nuria se r’nd,folia)
(irecil pitcher plant (5 iai,niW or ,‘hiia) Snails
Known or Suspected Occurrences within or near Coosa Developments Little River drainage (tributary to Weiss Lake) outside Weiss development. Little River drainage (tributary to Weiss Lake) outside Weiss development; southern shore of Weiss Lake near Little Nose Creek and Big Nose Creek; Coosa River mainstem approximately 8 to 10 miles downstream of Weiss Dam within Neely Henry development. Choccolocco Creek (tributary to Logan Martin Lake); Ohatcliee Creek (tributary to Logan Martin Lake); mainstem Coosa River downstream of Logan Martin Dam. Additional potential reintroduction Sites in the Weiss and Jordan tailraces and in Big Canoe Creek (tributary to Neely Henry Lake); Terrapin Creek (tributary to the Weiss bypass); Yellowleaf Creek (tributary to Lay Lake); Hatchet Creek and Weogufka Creek (tributaries to Lake Mitchell).
Not likely to adversely affect Not likely to adversely affect Not likely to adversely affect existing populations; Likely to adversely affect reintroduced population(s)
Critical Habitat Determination of Effect
Federal Status
Critical Habitat Unit(s) in Project Area
Species Name Anther darter (P rino un€c’sella) Gildlinc darter (P sinu aurhucata)
Known or Suspected Occurrences within or near Coosa Developments
Endangered
Population Determination of Effect n/a
Critical Habitat Determination of Effect
Not currently present in action area but targeted for reintroduction in the Weiss and Logan Martin tailraces and in Choccolocco Creek (tributary to Logan Martin Lake) and Terrapin Creek (tributary to the Weiss bypass).
Likely to adversely affect reintroduced population(s) n/a
Threatened .. n/a
Not currently present in action area but targeted for reintroduction in the Weiss and Jordan tailraces.
Likely to adversd3’ affect reintroduced population(s) n/a .
— Plants
Alabama lentherfiower ((lirnatis social is)
Endangered
No
Terrestrial sites outside Neely Henry development,
Not likely to adversely affect n/a
Mohr’s Barbaras buttons l (Or shallia In, lieu
Threatened
No
Terrestrial sites outside Neely Henry development,
Not likely to adversely affect n/a
Hsrperella (Plilimniunu 11(5 SUP?)
Endangered
No
Little River drainage (tributary to Weiss Lake) outside Weiss development,
Not likely to adversely affect n/a
9
Federal Status
Critical Habitat Unit(s) in Critical Critical Federal Habitat Known or Suspected Occurrences Determinahon of Population Habitat Species Name Status Unit(s) in within or near Coosa Developments Determination Project Area of Effect Units for Coosa River doistre of Jordan Dam (same as Unit 2 and Coosa River downstream of Weiss Dam (part of Unit 18) Individuals released in Coosa River mainsten, Likely to Likely to Inleritipted rocksnail downstream of Jordan Dam in 2003. adversely affect adversely J (Lptox/sJo,.,,,jflj Endangered yea Additional potential reintroduction sites in the reintroducod modify Critical Weiss and Jordan tajiraces and in populations Habitat Units Choccolocco Creek (tributary to Logan Martin Lake) and Hatchet Creek (tributary to Mitchell Lake). Yellowleaf Creek and mainstem of Coosa River (downstream of Jordan Dam). Yes-Unite for Individuals released in Choccobooco Creek in Yellowleaf September, 2010. Creek (part of Additional potential reintroducdon sites in the Likely to Likely to Rugh horesnail Unit 23); and Weiss tailmee and in Choccolocco Creek adversely affect (F’/’u,oCCTO Endangered Coosa River (tnbutary to Logan Martin ke) Weogua existing and adversely Jordan Dam downstream of Creek and Hatchet Creek (tributaries to Habitat Units; reintroduced modify Critical (part of Unit populations Mitchell Lake); Weoka Creek (tributary to 26) Jordan Lake); Kelly Creek, Talladega Creek and Tallaseeharchee Creek (tributaries to Lay Lake). II Critical Population [ Habitat Determination of Determination Effect of Effect Not likely to adversely affect existing populations in Weogufka Creek, Hatchet Creek, Choccolocco Creek, and Weoka Creek; Likely to Tuhitonia snail adversely affect (Tthaonta existing ni gnifla) populations in Kelly Creek, Yellowleaf Creek, and in the Coosa River mainstem below Jordan Dam and Logan Martin Dam
Critical Habitat Unit(s) in Project Area
Federal Species Name Status
Known or Suspected Occurreneec within or near Coosa Developments
Threatened
No
Weogufka Creek and Hatchet Creek (tributaries to Mitcheit Lake); Choccolocco Creek (tributary to Logan Martin Lake); Kelly Creek and Yellowleaf Creek (tributaries to Lay Lake); Weoka Creek (tributary to Jordan Lake); Coosa River inainstem (downstream of Logan Martin Dam and Jordan Dam).
12 Cindrical lioplax (Ln(/ax cv’ iv1crnaJbrmis) Flat pci,: (L ‘rrh .V?1,1 u/f
Not currently present in action area but targeted for reintroduction in the Weiss and Jordan tailraces and in Big Canoe Creek (tributaiy to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Kelly Creek (tributary to Lay Lake); Terrapin Creek (tributary to the Weiss bypass); Hatchet Creek and Weogufka Creek (tributaries to Mitchell Lake).
Critical Habitat Determination of Effect
Known or Suspected Occurrences Determination of within or near Coosa Developments Effect
Yellowleaf Creek (tributary to Lay Lake); Choccolocco Creek (tributary to Logan Martin Lake). Additional potential reintroduction sites in the Weiss and Jordan tailraces and in Big Canoe Creek (tributary to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Terrapin Creek (tributary to the Weiss bypass); Hatchet Creek and Weogu&a Creek (tributaries to Mitchell Lake).
La’ Rtimia (Ehnria crenaiella)
Not likely to adversely affect existing populations; Likely to adversely affect reintroduced population(s)
Likely to adversely affect reintroduced population(s) n/a n/a
Not currently present in action area but targeted for reintroduction in the Jordan tailrace.
Likely to adversely affect reintroduced population(s)
13
14 Critical Critical Federal Habitat Known or Suspected Occurrences Population Habitat Determination of Species Name Status Unit(s) in within or near Coosa Developments Efftt Determination Project Area of Effect Not likely to adversely modify Hatchet, Kelly, or Big Canoe creeks (Units 19,21, 24) Upland combshel I Yes Units IS Likely to (Epioblasma Endangered 19, 21, 24, 26’ None adversely m(tastriaga) modify Coosa River mainstem below Weiss spillwsy (Unit IS) and below Jordan Dam (Unit 26) 15 Critical I Critical Federal Habitat Known or Suspected Occurrences Population Habitat Species Name Statue Unit(s) in within or near Coosa Developments Determination of Effect Determination Project Area of Effect Yes- Units 18. Not likely to Not likely to adversely 19,21,23,24, 26 Coosa River adversely affect modify Hatchet, mainstem existing Kelly, (below Weiss populations in Yellowleaf, or Kelly, Yellowleaf, spillway), Individuals released into Choccolocco Creek and Hatchet Big Canoe Creeks (Units TerrapinCreek in September.2010. Creeks; 19,21,23,24) Fichned pocketbook (tributary to the Additional potential reintroduction sites in the Likely to Llkly to Threatened Weiss bypass); Weiss and Jordan tailraces, Big Canoe Creek adversely affect adversely (FIanc’ia ( Linipsi/is) aIiilis5) Kelly Creek and Yellowleaf (tributary to Neely Henry Lake); snd Little existing modify Coosa Creek River (tributary to Weiss Lake). populations in River mainstem Coosa River (tributaries to below Weiss mainstem below spillway (Unit Lay Lake); Weiss spillwsy and 18) and below Hatchet Creek any reintroduced Jordan Dam (tributary to population(s) (Unit 26) Mitchell Lake). See Roe, K.J. and Hartfield, P.D., Hamiota, a new genus of freshwater mussel (Bivalvia: Unionidae) from the Gulf of Mexico drainages of the southeastern United States, THE NAUTILUS 119(1): 1-10 (2005). 16 Federal Status
Critical Habitat Unit(s) in Project Area
Known or Suspected Occurrences within or near Coosa Developments
Population Determination of Effect
Species Name Alionnia rnccssinshell (Ii leliouldus a tli.s.yji’js) Ccsa inoccasinshell (it ledionidus porn! us)
Critical Habitat Determination of Effect
Not currently present in action area but targeted for reintroduction in the Weiss and
Likely to
Jordan tailraces and in Big Canoe Creek
Likely to adversely
Th e t d a ene
Y - Unit 26 es
(tributaiy to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Little River (tributary to Weiss Lake); Terrapin Creek (tributary to the Weiss bypass); and Weogufka Creek (tributary to Mitchell Lake). adversely affect reintroduced population(s) modify Coosa River mainatem below Jordan Dam (Unit 26)
Endangered
Not currently present in action area but targeted for reintroduction in the Weiss and Jordan tailraces and in Little River (tributary to Weiss Lake); Choccolocco Creek (tributary to Logan Martin Lake); Hatchet Creek (tributary to the Mitchell Lake); and Terrapin Creek (tributary to the Weiss bypass).
Yes- Units 18, 19, 21,23,24, 26
Likely to adversely affect reintroduced population(s)
Not likely to adversely modify Hatchet, Kelly, Yellowleaf or Big Canoe Creeks (Units 19, 21, 23, 24) Likely to adveraely modify Coosa River mainatem below Weiss spillway (Unit 18) and below Jordan Dam (Unit 26)
17
Species Name
Federal Status
Critical Habitat Unit(s) in Project Area
Known or Suspected Occurrences within or near Coosa Developments
Population Determination of Effect
Critical Habitat Determination of Effect
Sistliern clsbshell (f/curcI,en,a drsuu,)
Endangered
Yes- Units I 8, 19, 21, 24, 26
Coosa River mainstem (downstream of Weiss spillway); Terrapin Creek (tributary to the Weiss bypass); Big Canoe Creek (tributary to Neely Henry Lake); Coosa River mainstem (downstream of Logan Martin Dam and downstream of Jordan Dam). Additional potential reintroduction site in the Jordan tailrace.
Not likely to adversely affect existing populations in Big Canoe and Kelly Creeks and Coosa mainstem downstream of Logan Martin Dam; Likely to adversely affect existing populations in Coosa River mainstem downstream of Weiss spillway and below Jordan Dam and any reintroduced population(s)
Not likely to adversely modify Hatchet, Big Canoe, and Kelly Creeks (Units 19,21, 24) Likely to adversely Critical Critical Federal Habitat Known or Suspected Occurrences Population Habitat SpeCieS Name Determination of Status Unit(s) in within or near Coosa Developments Effect Determination Project Area of Effect Not likely to adversely modify Hatchet, Terrapin Creek (tributary to the Weiss Not likely to Big Canoe, bypass); Hatchet Creek (tributary to Mitchell adversely affect Yellowleaf, and Lake); Yellowleaf Creek (tributary to Lay existing Kelly Creeks Lake). Additional potential reintroduction populations in (Units 19,21, Suthern pigtoe Yes- Units IS, sites in the Weiss and Jordan tailraces and in Hatchet, Terrapin, 23, 24) (P/ci?r.herna Endangered 19, 21, 23, 24, Cheaha Creek (tributary to Choccolocco and Yellowleaf Likely to ge’rgianurn) 26 Creek): Choccolocco Creek (tributary to Creeks; adversely Logan Martin Lake); Little River (tributary to Likely to modify Coosa Weiss Lake); Weogufka Creek (tributary to adversely affect River mairsstem • Mitchell Lake); and Yellowleaf Creek reintroduced downstream of (tributary to Lay Lake). population(s) Weiss spillway and below • Jordan Dam — (Units 18 &26) 19
Species Name
Federal Status
Critical Habitat Unit(s) in Project Area
. Known or Suspected Occurrences within or near Coosa Developments
Population Determination of Effect
Critical Habitat Determination of Effect
Not likely to adversely modify Hatchet,
Big Canoe, and
Kelly Creeks
(Units 19, 21,
O ate clubshell (P/iiroherna peri’iuIicnr) I
Endangered
Yes- Units 18, 19,21,24,26
Not currently present in action area but targeted for reintroduction in the Jordan tailrace.
Likely to adversely affect reintrojuced population(s)
24) Likely to adversely modify Coosa River mainstem downstream of
.
.
Weiss apillway andbelow29
Jordan Dam (Unitsl8&26)
20 Federal Status
Critical Habitat Unit(s) in Project Area
Species Name I Trianrular kid scyshell (Pij1s’hraizc/ius grciii
Known or Suspected Occurrences within or near Coosa Developments
Population Determination of Effect
Critical Habitat Determination of Effect
Endangered
Yes- Units IS, 19, 21, 23, 24, 26
Big Canoe Creek (tributary to Neely Henry Lake); Kelly Creek and Yellowleaf Creek (tributaries to Lay Lake).
Not likely to adversely affect existing populations in Big Canoe, Yellowleaf, and Kelly Creeks (Units 21, 23, 24)
Not likely to adversely modify Hatchet, Big Canoe, Yellowleaf, and Kelly Creeks (Units 19, 21, 23,24) Likely to adversely modify Coosa River below Weiss spiliway (Unit 18) and below Jordan Dam (Unit 26)
Stuhern combshell (Epdth/,sma penila)
Endangered n/a
Not currently present in action area but targeted for reintroduction in the Weiss and Jordan tailraces.
Likely to adversely affect reintroduced population(s) n/a
L_
21
Species Name
Federal Stas
Critical Habitat Unit(s) in Project Area
Known or Suspected Occurrences within or near Coosa Developments
. Population Determination of Effect
Critical Habitat I Determination I of Effect
I j
Geergia pigtoe (P1uroberna ln’iflyiunurn) —— — — Ikasy pigtoe (Plciovhema la:!, mum)
• Endangered
Yes- Units for Hatchet Creek (same as Unit 19, GP 3); and Terrapin Creek (part of Unit 18, oP 2)
Not currently present in action area but targeted for reintroduction in the Weiss and Jordan tallraces and in Big Canoe Creek (tributary to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Terrapin Creek (tributary to the Weiss bypass); Hatchet Creek and Weogufica Creek (tributaries to Mitchell Lake).
Likely to adversely affect reintroduced population(s)
Likely ( adversely modify Critical Habitat Units
Endangered
No
Not currently present in action area but targeted for reintroduction in the Jordan tailrace •
Likely to adversely affect reintroduced population(s) n/a
Not currently present in action area but
R:iycd lidneyshell (JTh h,,branchus forcmanianus)
Endangered Ecses . —
Name
I Critical Population Federal I Habitat Known or Suspected Occurrences I Determination Status Unit(s) in within or near Coosa Developments Effect Project Area .
Critical 1 Habitat I Determination of Effect —
Critical Habitat
— -— UiiiI It
I n/a Yes :
Cooaa River mainstem (downstream of Weiss spillway); Terrapin Creek (tributary to Weiss bypass). n/a
Likelyto adversely modify Coosa mainstem below Weiss spiliway tutu 10 n/a
Yes
Hatchet Creek (tributary to Mitchell Lake). a/a
Not likely to adversely modify Hatchet Creek
Unit 21 n/a
Yes
Kelly Creek (tributar, to Lay Lake). n/a
Not likely to adversely modify Kelly Creek n/a
Not likely to adversely
Unit 23 Unit 24 : ———— n/a
Yes
Yellowleaf Creek (tributary to Lay Lake).
Yellowleaf Creek n/a
I Big Canoe Creek (tributary to Neely Henry Yes Lake).
Not likely to adversely n/a modify Big Canoe Creek
23 Critical Critical Federal I Habitat Known or Suspected Occurrences Population Habitat Status Unit(s) in within or near Coosa Developments Effect Determinadon Determination of Project Area of Effect
Sped es Name
Likely to adversely modify Coosa
Unit 2e n/a
Yes
Coosa River mainstem below Jordan Dam. n/a
River mainstem below Jordan Dam lntept 1K 1.3 ed rocksnsil: n/s
Yes Proposed
Units for Coosa River downstream of Jordan Dam (Same aa Unit 26); and Coosa River downstream of Weiss Dam (part of Unit 18) Coosa River downstream of Jordan Dam and Weiss Dam. n/a
Likely to adversely modify proposed Critical Habitat Units
Rough liorosnail: RI-I I . 2 n/a
Yes-
Proposed Units for Yellowleaf Creek (p of Unit 23); and Coosa River downstream of Jordan Dam (part of Unit 26) Coosa River downstream of Jordan Dam; and Yellowleaf Creek (tributary to Lay Lake). n/a
Likely to adversely modify proposed Critical Habitat Table 2. List of endangered, threatened, and other species and critical habitat which would likely be adversely affected by actions under the new Coosa Project license, and for which formal consultation is needed. (Source: APC, 201 1).
Species Name Jirai Status Location
Birds
Red-cockaded woodpecker I Active clusters within and adjacent to I Endangered (Picoides borealis) I Mitchell development.
Fish
Blue shiner’ (Cyprinella caerulea)
Threatened
‘ Potential reintroduction site in the Weiss tasirace.
Amber darter (Percina anresella)
Endangered
Not currently present in action area but targeted for reintroduction in the Weiss and Logan Martin tailraces and in Choccolocco Creek (tributary to Logan Martin Lake) and Terrapin Creek (tributary to the Weisypass).
Goldline darter (Percina aurolineata)
Threatened
Not currently present in action area but targeted for reintroduction in the Weiss and Jordan tailraces.
Snails______
Painted rocksnail’ (Leploxis Iaeniafa)
Threatened
Potential reintroduction sites in the Weiss and Jordan tailraces and in Big Canoe Creek (tributary to Neely Henry Lake); Terrapin Creek (tributary to the Weiss bypass); Yellowleaf Creek (tributary to Lay Lake); Hatchet Creek and Weogufka Creek (tributaries to Lake Mitchell).
Interrupted rocksnail (Leploxisforernani)
Endangered
Individuals released in Coosa River mainstem downstream of Jordan Dam in 2003. Additional potential reintroduction sites in the Weiss and Jordan tailraces and in Choccolocco Creek (tributary to Logan Martin Lake) and Hatchet Creek (tributary to Mitchell Lake).
Species Name
Federal Status
Location
Rough hornsnsil (Pleuroceraforemani) .
Endangered
Yellowleaf Creek and Coosa River mainstem (downstream of Jordan Dam). Additional potential reintrodtction Sites in the Weiss lailrace and in Choceolocco Creek (tributary to Logan Martin Lake); Weoguika Creek and Hatchet Creek (tributaries to Mitchell Lake); Weoka Creek (tributary to Jordan Lake); Kelly Creek, Talladega Creek and Tallaseehatchee Creek (tributaries to Lay Lake).
Tulotoma snail’ (Tulotoma magn(fica)
Threatened
Kelly Creek and Yellowleaf Creek (tributaries to Lay Lake); and Coosa River mainstem below Jordan Dam and Logan Martin Darn.
Cylindrical lioplax’ (Lioplax cyclostomaformis)
• Endangered
Potential reintroduction sites in the Weiss and Jordan tailraCes and in Big Canoe Creek (tributary to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Terrapin Creek (tributary to the Weiss bypass); Hatchet Creek and Weogufka Creek tributaries to Mitchell Lake).
. Lacy Elimia (Elimia crenatella)
Threatened
Targeted for reintroduction in the Weiss and Jordan tailraces and in Big Canoe Creek (tributary to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Kelly Creek (tributary to Lay Lake); Terrapin Creek (tributary to Species Name Alabama moccasinshell (Medionidus acutissimus)
Federal Status
Location Targeted for reintroduction in the Weiss and Jordan tailraces and in Big Canoe Creek (tributary to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Little River (tributary to Weiss Lake); Terrapin Creek (tributary to the Weiss bypass); and Weogufka Creek (tributary to Mitchell Lake).
Threatened
Coosa moccasinshell (Medionidus parvulus)
Endangered
Targeted for reintroduction in the Weiss and Jordan tailraces and in Little River (tributary to Weiss Lake); Choccolocco Creek (tributary to Logan Martin Lake); Hatchet Creek (tributary to the Mitchell Lake); and Terrapin Creek (tributary to the Weiss bypass).
Southern clubshell’ (Pleurobema decisum)
Endangered
Coosa River mainstem downstream of Weiss spiliway and downstream of Jordan Darn; Terrapin Creek (tributary to the Weiss bypass); and potential reintroduction site in the Jordan tailrace.
Southern pigtoe’ (Pleurobema georgianum)
Endangered
Potential reintroduction sites in the Weiss and Jordan tailraces and in Cheaha Creek (tributary to Choccolocco Creek): Choccolocco Creek (tributary to Logan Martin Lake); Little River (tributary to Weiss Lake); Weogufka Creek (tributary to Mitchell Lake); and Yellowleaf Creek (tributary to Lay Lake).
Ovate clubshell (Pleurohema perovatum)
Endangered
Targeted for reintroduction in the Jordan tailrace.
Southern combshell (Epioblasma penita)
Endangered
Targeted for reintroduction in the Weiss and Jordan tailraces.
Georgia pigtoe (Pleurobema hanleyianu,n)
Endangered Endangered
Targeted for reintroduction in the Weiss and Jordan taitraces and in Big Canoe Creek (tributary to Neely Henry Lake); Choccolocco Creek (tributary to Logan Martin Lake); Terrapin Creek (tributary to the Weiss bypass); Hatchet Creek and Weogufka Creek (tributaries to Mitchell Lake).
Heavy pigtoe I (Pleurobemc, laitianuin)
Targeted for reintroduction in the Jordan tailrace
Rayed kidneyshell (Plychobranchusforemanianus)
Endangered
Targeted for reintroduction in the Weiss and Jordan tailraces and in Choccolocco Creek (tributary to Logan Martin Lake); Terrapin Creek (tributary to the thern Weiss bypass); Weogufka Creek (tributary to Mitchell Lake); and Yellowleaf Creek (tributary to Lay Lake)....
Inflated heelaplitter (Potamilus inflatus)
Threatened
Targeted for reintroduction in the Jordan tailrace.
Critical Habitat
Coosa River mainstem (downstream of Weiss spillway);Terrapin Creek (tributary to Weiss bypass).
Unit 18 n/a
Unit 26 n/a
Coosa River mainstem (below Jordan Dam).
Interrupted rocksnail: IR 1, 3 Southern acornshell (Epioblasnia othcaloogensis)
Endangered None None Endangered
Upland combshell (Epioblasma metasiriata)
Finelined pocketbook5 (Hamiota (=Lampsilis) akulis)
Threatened
Kelly Creek and Yellowleaf Creek (tributaries to Lay Lake); Hatchet Creek (tributary to Mitchell Lake).
Southern clubshell5 (Pleurobeina decisum)
Endangered
Big Canoe Creek (tributary to Neely Henry Lake); Kelly Creek (tributary to Lay Lake); and Coosa River mainstem downstream of Logan Martin Darn.
Southern pigtoe (Pleurobema georgianum)
Endangered
Terrapin Creek (tributary to the Weiss bypass); Hatchet Creek (tributary to Mitchell Lake); Yellowleaf Creek (tributary to Lay Lake).
Triangular kidneyshell (Plychobranchus greenii)
Endangered
Big Canoe Creek (tributary to Neely Hemy Lake); Kelly Creek and Yellowleaf Creek (tributaries to Lay -
Critical Habitat
Unit 19 Unit 21 ala
Hatchet Creek (tributary to Mitchell Lake). n/a
Kelly Creek (tributary to Lay Lake).
Unit 23 n/a n/a
Yellowleaf Creek (tributary to Lay Lake).
Unit 24
Big Canoe Creek (tributary to Neely Henry Lake).
4.0 PROJECT EFFECTS6
4.1 Aquatic Resources
Under APC’s proposed operations, AFC would modify water levels in the three larger upstream reservoirs to improve aquatic habitat conditions during the winter and summer months. APC also would enhance aquatic habitat conditions in the 20-mile-long Weiss bypassed reach, with the implementation of instream flows and an adaptive management program that would allow for later adjustment of these flows based on study results for various aquatic resources. APC would continue to protect aquatic habitat downstream of Jordan darn with the continuation of current instream flows. The need for 6 These effects are summarized from Section 3 ‘l the Final E.\.
Table 3. List of endangered, threatened, and other species and critical habitat which are not likely to be adversely affected by actions under the new Coosa Project license, and for which consultation can be concluded, (Source: APC, 2011).
Freshwater Mussels
Species Name Federal Status Location
Birds
Bald eagle (Haliaeetus leucocephalus)
Protected under the Bald and Golden Eagle Protection Act
One active nest within both Jordan/Bouldin and Mitchell developments; one adjacent to Mitchell development.
Fish
Blue shiner’ (Cyprinella caerulea)
Threatened
Little River and Spring Creek (tributaries to Weiss Lake); Weogufka Creek (tributary to Mitchell Lake); Choccolocco Creek (tributary to Logan Martin Lake).
Plants
Alabama leather-flower (Clematis socialis)
Endangered
Terrestrial sites outside Neely Henry Endangered; critical habitat units designated in project vicinity Endangered; critical habitat units designated in project vicinity Threatened; critical habitat units designated in project vicinity
Little River and Spring Creek (tributaries to Weiss Lake); Weogufka Creek (tributary to Mitchell Lake); Choccolocco Creek (tributary to Logan Martin Lake) None None Coosa River mainstem (downstream of the Weiss spiliway); Terrapin Creek (tributary to Coosa River); Kelly Creek (tributary to Lay Lake); Yellowleaf Creek (tributary to Lay Lake); Hatchet Creek (tributary to Mitchell Lake)
Alabama Medionidus moccasinshell acutissimus Coosa Medionidus moccasinshell parvulus
Threatened; critical habitat units designated in project vicinity Endangered; critical habitat units designated in project vicinity Endangered; critical habitat units designated in project vicinity Endangered; critical habitat units designated in project vicinity Endangered; critical habitat units designated in project vicinity Endangered; critical habitat units designated in project vicinity
None Coosa River mainstem (downstream of Weiss spiliway); Terrapin Creek (tributary to Coosa River); Big Canoe Creek (tributary to Neely Henry Lake); Coosa River mainstem (downstream of Logan Martin dam and downstream of Jordan dam) Terrapin Creek (tributary to Coosa River); Hatchet Creek (tributary to Mitchell Lake); Yellowleaf Creek (tributary to La)’ Lake) None Big Canoe Creek (tributary to Neely Henry Lake); Kelly Creek (tributary to Lay Lake); Yellowleaf Creek (tributary to Lay Lake)
4.3.1 Aquatic Species Nine federally listed aquatic species occur within the Coosa River Project boundaries and critical habitat for another five is also found there (Table 4). Detailed descriptions of these species, their habitat requirements, and their occurrence are found in APC’s draft BA filed with the Commission on March 22, 2007 (APC, 2007), and are summarized in the sections below.
Table 4. Federally (Source: listed aquatic species APC, 2005a, 2007). that may occur in the
Coosa River Project area.
Common Name
. Scientific Name
Federal Status
Known or Suspected Occurrences within or near Coosa Developments
Known or Suspected
Common Name Scientific Name
Federal Status Occurrences within or near Coosa Developments
Blue shiner Cyprinëlla caerulea Threatened
None Candidate for Pleuroceraformani federal listing as threatened or - endangered Cylindrical Lioplax liopiax cyclostomataformis Endangered
Fish
Known or Suspected Occurrences within or near Coosa Developments Choccolocco Creek (tributary to Logan Martin Lake); Ohatchee Creek (tributary to Logan Martin Lake) Individuals released in Coosa River mainstem downstream of Jordan dam in 2003 Weogufica Creek (tributary to Mitchell Lake); Hatchet Creek (tributary to Mitchell Lake); Choccolocco Creek (tributary to Logan Martin Lake); Kelly Creek and Yellowleaf Creek (tributaries to Lay Lake); Weoka Creek (tributary to Jordan Lake); Coosa River mainstem (downstream of Logan Martin dam and Jordan
Blue Shiner — The blue shinerwas listed as threatened under the ESA on April 19, 1991. See 56 Fed. Reg. 16054 (April 19, 1991). The blue shiner is endemic to the Mobile River Basin, with the historical range of this species including the C’ous ajid Cahaha River drainages. As table 4 shows, in the project vicinity the hkir ‘Ther ‘iii occurs in tributaries to three of the project reservoirs and not in the mainstem of the Coosa River. Because this species only occurs in tributaries to three of the project reservoirs and not in the mainstem of the Coosa River, the species would not be subjected to flow releases or water level fluctuations associated with the operation of these developments. Although some blue shiners may occasionally occur within the lower reaches of the tributaries that are exposed to reservoir fluctuations, any shiners found in these reaches likely would move within the streams to remain within suitable habitat as conditions changed due to reservoir fluctuations. - Freshwater mussels Historically, 175 species of mussels have been reported from Alabama. However, Alabama’s mussels have experienced drastic declines in abundance and diversity, extirpation from large portions of their historic ranges, and even extinction. Remaining mussel populations are fragmented and occupy small portions of their historic range in stream reaches where habitats have remained relatively unaffected, Mussel populations have been affected by the construction of large dams that flooded riverine habitat; habitat degradation caused by dredging, mining, and point and non-point source pollution; and siltation in undammed streams. FWS designated critical habitat for H federally listed mussel species in the Mobile River Basin on July 1,2004. See 69 Fed. Reg. 40084 (July 1, 2004), including the nine species identified by FWS as occurring, or potentially occurring, within the Coosa River Project vicinity. Of the 26 critical habitat units that FWS designated in the Mobile River Basin. srx critical habitat units (units 18, 19, 21, 23, 24, and 26) occur within the project vicinity. Species listed for these critical habitat units include southern aeornshell, upland combshell, fine-lined pocketbook, Alabama moccasinshell, Coosa moccasinshell, southern clubshell, southern pigtoe, ovate clubshell, and triangular kidneyshell (FWS, 2004). Fine lined pocketbook — The fine lined pocketbook was listed as threatened under the ESA on March 17, 1993 See 58 Fed. Reg. 14330 (March 17, 1993). This freshwater mussel is endemic to the Mobile River Basin, with the historic range of this species including the Alabama, Tornbigbee, Black Warrior, Cahaba, Tallapoosa, and Coosa rivers and their tributaries. This species occurs primarily in tributaries to the Coosa River and three of the project reservoirs, but is also reported to occur in the Weiss bypassed reach (see table 4). FWS has desinated the Weiss bypassed reach as critical habitat (unit 18) for the fine-lined pocketbook. Fight cpccies nfrnucsc’ls are included in the critical habitat designathn br thh. reach, including the southern ciubsheit, tine-Irned pocketbook. upland co,iibshell. (uosa
Common Name
Scientific Name
Federal Status
Painted rocksnail Interrupted rocksnail
Lextopis taeniata Lextopisforemani
Threatened Candidate for federal listing as threatened or endangered
Tulotorna snail Tulotoma magnflca Threatened
Rough hornsnail dam) Yellowleaf Creek; Coosa River mainstem (downstream of Jordan dam) Yellowleaf Creek (tributary to Lay Lake)
34
3) them clubshell — The southern clubshell was listed as endangered under the ESA on March 17, 1993 See 58 Fed. Reg. 14330 (March 17, 1993). This species was historically found in streams throughout the Mobile River Basin, and occurs in tributaries to the Coosa River, but is also reported to occur in the Weiss bypassed reach, as well as the Coosa River downstream from the Logan Martin and Jordan dams (see table 4). The Weiss bypassed reach and Terrapin Creek are designated as critical habitat (unit 18) for the southern clubshell, as is Big Canoe Creek (tributary to Neely Henry Lake) (unit 24), and the Coosa River downstream from Jordan dam (Unit 26). Southern pigtoe — The southern pigtoe was listed as endangered under the ESA on March 17, 1993 See 58 Fed. Reg. 14330 (March 17, 1993). The historic range of this species included the upper Coosa River drainage. Currently this species occurs in three Coosa River tributaries in the project vicinity, but does not occur in the mainstem Coosa River (see table 4). The three tributaries where it occurs have been designated as critical habitat, including Terrapin Creek (unit 18), Hatchet Creek (unit 19), and Yellowleaf Creek (unit 23). Triangular kidneyshell — The triangular kidneyshell was listed as endangered under the ESA on March 17, 1993 See 58 Fed. Reg. 14330 (March 17, 1993). The historic range of this species within the Mobile River Basin included the Cahaba River, as well as the Black Warrior and Coosa rivers and their tributaries. The current distribution within the project vicinity includes three tributaries to the project reservoirs. These tributaries have been designated as critical habitat, and include Big Canoe Creek (unit 24), Kelly Creek (unit 21), and Yellowleaf Creek (unit 23). Tulotoma snail — The tulotoma snail was listed as endangered under the ESA on January 9, 1991 See 56 Fed. Reg. 797800 (January 9, 1991) and then reclassified as threatened June 2, 2011, See 56 Fed. Reg. 31866 (June 2, 2011). The historic range of this species included the mainstem and lower reaches of major tributaries of the Coosa and Alabama rivers. It is currently distributed in six tributaries to the Coosa River. Project reservoirs, as well as in the mainstem downstream from the Logan Martin and Jordan dams. The estimated population downstream from Jordan dam is 100 million or more individuals. This species is typically found attached to the undersides of ledges, boulders, and cobble in shoals and runs with moderate to swift current. Painted Rocksnail — The painted rocksnail was listed as threatened under the ESA on October 28, 1998. See 63 Fed. Reg. 57610 (Oct. 28, 1998). The historic range of this species included the middle and lower Coosa River and its tributaries, and possibly the
Alabama River. The painted rocksnail is a small to medium-sized, oval-shaped snail that reaches approximately 19mm (0.8 in) in length. The species is typically found attached to cobble, gravel, or other hard substrate in rapids and shoals. Reasons for the decline and current status of this species include habitat modification and water quality degradation. The current distribution of the painted rocksnail includes three tributaries to the Coosa River that are unaffected by project operations, including Choccolocco Creek, Buxahatchee Creek, and Ohatchee Creek. The population in Choccolocco Creek is delineated at the lower end of Choccolocco Creek by the Logan Martin pool elevation. In the summer of 2007, the painted rocksnail was discovered in the upper part of Lay Lake, in the mainstem of the Coosa River downstream from Logan Martin dam. This population is not likely to be affected by project operations because the available information indicates that the painted rocksnail is found in deeper waters in this area, and so should not be affected by current operations or water levels as evidenced by its continued presence. In November 2000, the FWS approved and published the multi-species Mobile River Basin Aquatic Ecosystem Recovery Plan, which included the painted rocksnail. Recovery objectives for this species are listed in a subsequent FWS Recovery Plan (FWS, 2005). In addition, restoration and conservation measures for the painted rocksnail are discussed in the Mobile River Basin Mollusk Restoration Committee’s 2010 Plan. [See Mobile River Basin Mollusk Restoration Committee. Jan. 2010. A Plan for the Population Restoration and Conservation of Freshwater Mollusks of the Mobile River Basin, at pg. 67 (“2010 Restoration Plan”) J. Cylindrical lioplax snail — The cylindrical lioplax was listed as endangered under the ESA on October 28, 1998. See 63 Fed. Reg. 57610 (Oct. 28, 1998). The historic range of this species included the mainstem and lower reaches of major tributaries of the Coosa and Alabama rivers. The cylindrical lioplax is a gill-breathing snail with an elongate dark olive shell that reaches approximately 1 inch in length. According to APC’s supplemental BA and the 2010 Restoration Plan, the cylindrical lioplax is a deposit feeder, most often found burrowed in fine sediments under large rocks in rapid flowing center channels of streams and river shoals, or in finer sediments and gravel near channel margins where adequate water exchange exists. The species is currently known to exist in the Cahaba River and in Yellowleaf Creek. In August 2010, the FWS reported an additional population of cylindrical lioplax in Choccolocco Creek. This additional population is located in the same area of Choccolocco Creek as populations of painted rocksnail and tulotoma snail that were analyzed in APCs draft BA and the final EA. APC and FWS have further analyzed stage duratioji cur\•es for the area ofChoccolocco Crcck here the cyliiidrical lioplax, moccasinshell. southern acomnshell. southern pigtoe. ovate clubshell. and triangular kidneyshell. Ofthese. on1 the fine-lined pocketbook and southern clubsheU currently occupy the reach.
36
37 painted rocksnail, and tulotoma snail currently exist. These curves show that current populations are not subject to any significant water level fluctuations. Recovery actions for the species are listed in the FWS Recovery Plan (FWS, 2005). Population restoration and conservation information is outlined in the 2010 Restoration Plan. 4.3.2 Terrestrial species Six federally listed terrestrial species are known to occur, or have the potential to occur, within the project boundary or vicinity (table 5).
Table 5. Federally listed threatened an within the project boundary. d endang (Source: ered terrestrial species likely to occur APC, 2005a).
Federal Common Name Scientific Name Status
Known or Suspected Occurrences within or near Coosa Developments Terrestrial sites outside Endangered Neely Henry development Terrestrial sites outside Threatened Neely Henry development Little River drainage (Weiss lake tributary) Endangered outside Weiss development Little River drainage Threatened (Weiss lake tributary) outside Weiss development
Common Name
Scientific Name
Federal Status
Known or Suspected Occurrences within or near Coosa
Developments
Little River drainage
(Weiss lake tributary)
. outside Weiss dçvelopment; southern shore of Weiss Lake
Green pitcher plant
Sarracenia oreophila
Endangered near Little Nose Creek and Big Nose Creek; Coosa River mainstem about 8 to 10 miles downstream of Weiss dam within the Neely Henry development
. Red-cockaded woodpecker
Picoides borealis
Endangered
Active clusters within and adjacent to Mitchell development
Plants
Alabama Leather Flower — The Alabama leather flower was listed as endangered under the ESA on September 26, 1986. See 51 Fed. Reg. 34420 (September 26, 1986). Discoveredin 1980, the historic distribution and population status of the species remains unknown. Currently, the species is known only from six locations, five in northeast Alabama and one in northwest Georgia. Habitat loss from land use changes and impacts from highway rights-of-way maintenance (i.e., mowing and herbicide use) have been cited as the primary threats to the leather flower. Currently, there is no designated critical habitat for this species. The Alabama leather flower is an erect herb, about 7 to 12 inches tall, which occurs on wet, silty-clay flats of the Conasauga Soil Series, often near intermittent streams. Its dangling, bell-shaped, blue-violet flower appears in April and May; however, most reproduction is through rhizomes, resulting in dense aggregates of clones. Plants typically grow in full sunlight or partial shade near woods edges, and often in association with grass-sedge-rush communities. Populations of Alabama leather flower are known to occur in Etowah County, within the drainage of the Neely Henry development. Mohr’s Barbara’s Buttons — Mohr’s Barbara’s buttons was listed as endangered under the ESA on September 7, 1988. See 53 Fed. Reg. 34698 (September 7. 1 988 Although current data are limited, extant populations of the peciec ire knnwn 1mm ibiui
Alabama leather flower Mohr’s Barbara’s buttons Harperella
Clematis socialis Marshallia mohrii Ptilimnium nodosum
Kral’s waterplaintain Sagiltaria secundjfolia
38 7 sitcs in northwest Georgia (Floyd County) and 15 in northeast Alabama (Cherokee, Etowah, and Bibb counties). In addition to its current range, Mohr’s Barbara’s buttons were historically reported from Walker and Cullman counties in Alabama, as well as Walker County, Georgia. Agricultural developments, routine maintenance of roadside rights-of-way, and road expansion have been cited as the primary threats to existing populations of this species. No critical habitat has been designated for this species. Mohr’s Barbara’s buttons is an herbaceous species that grows along shale-bedded streams, in moist forest gaps, and in low swales extending onto roadside rights-of-way. Typically, the species is found on sites with sandy clay soils which are alkaline, have high organic content, and are seasonally wet. Most currently known populations occur on soils of the Conasauga-Firestone Association. Plants grow in fitll sun or partial shade, often in association with grass-sedge communities. Mob’s Barbara’s buttons have been found growing in association with the endangered Alabama leather-flower and green pitcher plant at separate locations. Populations of Mohr’s Barbara’s buttons are known to occur in Etowah County, adjacent to the Neely Henry development. Harperella — Harperella (also referred to as mock bishop’s weed) was listed as endangered under the ESA on September 28, 1988. See 53 Fed. Reg. 37978 (September 28, 1988). Currently, it is known from about 13 sites in 7 southeastern and mid-Atlantic states (Arkansas, Alabama, Georgia, South Carolina, North Carolina, West Virginia, and Maryland). This species is thought to have been extirpated from an additional 11 sites in this region. No critical habitat has been designated for harperella. Harperella is a slender, erect annual herb (to 47 inches in height) with hollow quill-shaped leaves and clusters of small white flowers that bloom in July and August. It typically occurs in two habitat types: (1) rocky or gravel shoals and margins of clear, swift-flowing stream sections; and (2) edges of intermittent pineland ponds in the coastal plain. In both habitats, occurrence is limited to a narrow range of water depths, as the species is intolerant of both dry conditions and deeper water. In addition, harperella appears to be particularly dependant on moderately intensive spring floods for germination, seed dispersal, and control of competing species. It is readily eliminated from its habitat by alterations of the water regime, which result from impoundments, water withdrawal, and drainage or deepening of ponds. Other factors such as siltation, pollution, and shoreline development also have been cited as threats to harperella populations. — Kral’s waterplaintain was designated as threatened under the ESA on was listed as threatened under the ESA on April 30, 1990. See 55 Fed. Reg. 13907 (April 30. 1990). The species was first described in 1982. and is historiealh’ known from onl three trihtnries in northern Alaham:t and Georgia: the I ittle Ri er
Canyon in the Coosa Basin, the West Sipsey Fork in the Warrior Basin, and Town Creek in the Tennessee Basin. Extant populations are currently thought to occur only at the Little River and West Sipsey Fork locations. Siltation and erosion related to silviculture, residential-recreational, and agricultural development are attributed to the extirpation of the Town Creek population. No critical habitat has been designated for this species. Kral’s waterplantain is an aquatic perennial herb that inhabits rocky substrates of unimpounded stream reaches. Colonized streams typically have a narrow bottom and are flanked by steep slopes. Plants are typically found in almost pure stands on exposed shoals or rooted among loose boulders in sand, silt, or gravel in pools up to 40 inches in depth. The species produces mostly submerged leaves and emergent flowering stems and is often found in association with other floating-leaved and emergent and submergent species such as pondweed, water milfoil, water willow, and water nymph. Typical shoreline associates include azaleas, mountain laurel, and holly. In the Coosa Basin, Kral’s waterplantain is known from Cherokee County in the vicinity of the Weiss development (see table 5). Several populations of Kral’s waterplantain are known to occur in the upper Coosa Basin, upstream of the Weiss Project boundary, primarily on the National Park Service’s Little River National Preserve. Green Pitcher Plant — Green pitcher plant was listed as endangered under the ESA on September 21, 1979. See 44 Fed. Reg. 54922 (September 21, 1979) Extant populations of green pitcher plants are known from 35 sites in the Cumberland Plateau and Ridge and Valley provinces of northeast Alabama and the Blue Ridge of North Carolina and Georgia. In addition to their current range, green pitcher plants historically occurred in the Piedmont and Coastal Plain of Georgia and Alabama, and the Cumberland Plateau of Tennessee. Loss and/or alteration of habitat due to fire suppression, residential and agricultural development, and alteration of natural hydrologic regimes are attribUted for the extirpation of some populations. Illegal harvesting by commercial and amateur collectors also has proven damaging to the species. Typical habitats for green pitcher plants are variable, with most populations occurring in two general habitat types: (I) boggy, sandy stream edges; and (2) moist uplands. Green pitcher plant sites typically have acidic soils derived from shale or sandstone. Upland sites generally have sandy clay or loamy soils, while streamside sites are often almost pure sand. Streamside populations occur at sites about 2 feet above the average summer water level, typically in association with alders, mountain laurel, red maple, and sometimes rhododendron. Moist upland sites have generally been categorized into two types: seepage bogs and mixed oak flatwoods. Flatwoods sites supporting green pitcher plants typically has e flat relief. poor drainage, a high sintrr ;vafcr table, and a canopy of oaks and pines. Seepage bog ite generally ‘vet throtghour the year
40
41 and have moderate to steep slopes, and negligible canopy vegetation. Fire appears to play a major role in the maintenance of extant populations in moist upland habitats. Green pitcher plants can reproduce by both sexual and asexual means, resulting in a high proportion of clones in many populations. Green pitcher plants have been documented in Cherokee County, adjacent to the Weiss reservoir, and Etowah County, adjacent to the Neely Henry reservoir (see table 5). Several populations of green pitcher plants occur upstream of the Weiss reservoir, along theLittle River and the rim of Little River Canyon; these populations are located upstream of the influence of the Weiss development, and many are protected on the National Park Service’s Little River Canyon National Preserve. Other populations of green pitcher plants occur along the southern shore of the Weiss reservoir, near the mouths of the Little Nose and Big Nose creeks. Some of these populations are potentially located within the Weiss development boundary. Additionally, one population of green pitcher plant occurs in the vicinity of the Coosa River mainstem, about 8 to 10 miles downstream from the Weiss development. Some of these populations are potentially located within the Neely Henry development boundary. Birds Red-cockaded Woodpecker — The red-cockaded woodpecker was listed as endangered under the ESA on October 13, 1970. See 35 Fed. Reg. 16047. (October 13, 1970). This species prefers open, mature, and old growth pine habitats, which formerly covered the southeastern United States, Due to the loss of such habitat as a result of logging, agriculture, and fire suppression, more than 97 percent of the redcockaded woodpecker population has been lost. Currently, there are only 14,000 redcockaded woodpeckers living in 5,600 colonies scattered across 11 states, including Alabama. In 2003, Interior issued the Red-Cockaded Woodpecker Recovery Plan. Suitable nesting habitat for the red-cockaded woodpecker generally consists of open pine forests and savannahs with large, older pines and minimal hardwood trees. The red-cockaded woodpecker prefers nesting cavities excavated from living trees, especially older trees that are susceptible to red-heart disease. Suitable foraging habitat is found in open-canopy mature pine forests having low densities of small pines, mid-story vegetation, or hardwood over-story. The red-cockaded woodpecker requires large continuous tracts of suitable habitat, with a typical family group occupying a home range of 100 to 400 acres. There are nine active and three inactive red-cockaded woodpecker colonies within the Mitchell development boundary. All of the colonies are located within the Coosa Wildlife Management Area. 4.3.3 Critical Habitat Units for nine species of listed mussels FWS identified si primary constituent elements (PCEs1 in the final rule designating ritial habitnt for th devcn MLile Rivr Basin n1uLl pis (FWS.
2004). as being essential for their conservation. These elements include: (1) geomorphically stable stream and river channels and banks; (2) a flowregime necessary for normal behavior, growth, and survival of all life stages of mussels and their fish hosts in the river environment; (3) water quality, including temperature, pH, hardness, turbidity, oxygen content, and other chemical characteristics necessary for normal behavior, growth, and viability of all life stages; (4) sand, gravel, and/or cobble substrates with low to moderate amounts of fine sediment, low amounts of attached filamentous algae, and other physical and chemical characteristics necessary for normal behavior, growth, and viability of all life stages; (5) fish hosts with adequate living, foraging, and spawning areas for them; and (6) few or no competitive or predaceous non-native species present. According to FWS, Units 18, 19, 21, 23, 24, and 26 each contain one or more of these primary constituent elements. Units 18 and 26 are on the mainstem of the Coosa River, while the other units are located on tributaries to the river. The Coosa River from Jordan Dam downstream to the Alabama State Highway Ill bridge was designated as critical habitat (CH-Unit 26) for nine species of listed mussels on July 1, 2004 (69 FR 40084). The species include the fine-lined pocketbook - Threatened; southern clubshell - Endangered; Alabama moccasinshell - Threatened; Coosa moccasinshell - Endangered; Ovate clubshell - Endangered; Southern pigtoe - Endangered; Triangular kidneyshell - Threatened; Upland combshell - Endangered; and Southern acornshell - Endangered. Although none of the species currently occupy this area, it still contains one or more of the PCEs essential for the conservation of these nine mussel species. For additional information on the life history, population dynamics, status and distribution, and status of the nine species of listed mussels within this unit of critical habitat, refer to the critical habitat designation (69 FR 40084).
5.0 REVIEW OF NEW PROPOSALS
5.1 Summary of Drought Management Operations
5.1.1 Background
The Coosa River basin, and the southeast in general, experienced extreme drought conditions in 2007. These extreme conditions required modifications from typical project operations, and impacted flows from the Coosa River projects, in particular, the Jordan Project. The primary endangered species-related issue for the Coosa River projects during drought conditions like those experienced in 2007 is the ability to provide and maintain a continuous flow to support listed species and their critical habitat below the Jordan Project. If the normal license-required minimum continuous flow of 2.000 cfs is released from the Jordan Project during drought conditions, available storage upstream becomes diminished and maintaining the full minimum flow becomes mposihle l’hus drought ondiLiois uira a ba1aning of flos offiicn: to support protoctod SpcicS
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43 and habitat, considering conservation of water resources (including upstream storage) to help sustain the flow throughout the drought conditions. Accordingly, during the drought conditions of 2007, APC requested emergency consultation with FWS to temporarily reduce flows at the Jordan Project during the summer and fall months. Section 7 regulations recognize that an emergency such as a natural disaster (i.e., drought) may require expedited consultation. See 50 C.F.R. § 402.05. Emergency consultation was initiated to provide APC with a means of managing the historical low flows experienced in the Coosa River, while providing sufficient flows to protect the threatened tulotoma snail and critical habitat for nine listed freshwater mussel species. Iri accordance with the ESA, FWS completed an after-the-fact BO and incidental take statement based on a review of the emergency consultation, which lasted from July 13, 2007 to December 1, 2007. The FWS concluded that the emergency action of reducing flows at Jordan dam did not jeopardize the continued existence of the threatened tulotoma snail and did not destroy or adversely modify critical habitat for nine freshwater mussel species in the Coosa River immediately downstream from the dam.8 FWS also concurred with APC’s (based on its biological evaluation) estimated take of tulotoma snail at 73,443 individuals, and recommended measures to minimize take during future drought emergencies within the Alabama-Coosa-Tallapoosa basin, including use of an adaptive management approach to monitor the basin. 5.1.2 Drought Operations to Protect Listed Species APC’s draft BA for the Coosa River Project was filed on March 22, 2007, prior to the drought conditions in 2007 and the emergency consultation discussed above. After reviewing staff’s EA and accompanying BA, FWS requested additional information and analysis on drought conditions and how project operations might be modified during periods of drought to protect listed species. Specifically, in a May 20, 2009 letter to the Commission, FWS explained: “Additional information is also need to adequately address what procedure will be followed during periods of drought, and how these procedures will affect listed species.” Although compliance with the ESA and Section 7 was handled timely during the drought conditions in 2007, it is now possible to consider drought conditions and their impact on listed species in advance of a drought event, based on the experience and lessons of 2007. Accordingly, APC and FWS have, as part of this consultation, FWS has recently pr.oposed to down-list the tulotoma snail to “threatened” status given the substantial improvement in the species’ distribution and numbers, due in part to the minimum flo s and eonsen ation measures implemented do ns)reanl fioin the Jordan Jevelonment. 75 Fed. Reg. 35121 iJone 22. 2010). continued to work towards a drought operations procedure that minimizes impacts to listed species. APC has developed a drought response operations proposal that includes drought operation procedures for the Coosa River Project. Given the integrated nature of the Alabama-Coosa-Tallapoosa (“ACT”) River Basin, the proposal addresses all of APC’s eleven hydropower dams in the basin and is known as the Alabama-ACT Drought Response Operations Proposal or “ADROP.” Attachment 3 of the addendum to APC’s BA provides details of the operation of the Coosa River Project during the various drought levels under ADROP. Portions of ADROP apply to the Coosa River Project, and are based on the experience of APC, FWS, and the Commission in modifying normal operations to protect listed species and habitat in 2007. ADROP provides for three incremental drought intensity level responses based on the severity of drought conditions. These incremental drought intensity level responses are not rigiel, but provide a bracketed range of operations, allowing for flexibility and smoother transitions into, and out of, drought conditions, and from level to level. ADROP’s drought response triggers are primarily based on past operating experiences and lessons learned during 2007, the current drought of record for the basin. ADROP provides for a reduction in the minimum flow released from Jordan dam, from 2,000 down to 1,600 cfs (the amount reviewed by FWS in 2007) during extreme drought conditions. Table 6 contains a summary of Coosa River drought operations at each level.
Table 6. Summary of Coosa River Operations under ADROP. (Source: adapted from APC, 2011).
EUuttons Jan I Feb Mar April May June July I Aug Sept I Oct I Nov I
I 4.000 4,000- Normal 2,000 (8,000 pulse) 2,000 2,000
DIL 1 2,000 4,000 2,000 2,000 2,000
DIL 2 1,600-2,000 2.500 2,000 2.000 1,800
DIL 3 1,600 1,600.2,000 2,000 1,800 1,600
Notes:
DIL I Trigger: Low Basin Inflows or Low Composite Storage or Low State Line Flow. The trigger for the DIL I response is one of the following criteria being met:
• Inflow into the basin is less than the total needed to meet the 7 day average flow target of 4,640 cubic feet per second (“cfa”) and to fill APC’s reservoirs;
• A basin-wide composite storage equal to or less than drought contingency elevation/volumes; or
• A flow at or below the 7Q 10 flows for Rome, Georgia, as measured at the Alabama/Georgia state line gage.
DIL 2 Trigger: The trigger for the DIL 2 response is any two of the criteria in DILl are met(Low Basin
Inflows or Low Composite Storage or Low State Line Flow).
DIL 3 Trigger: Low Basin Inflows + (Low Composite Storage + Loss State Line Flow). The trigger for
DIL 3 is the combination of all three DIL I criteria,
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45 Based on experience in 2007, APC and FWS conclude that the operational scenarios in ADROP would minimize impacts to listed species and critical habitat, and prevent a jeopardy determination. As FWS’ BO from the 2007 drought operations concludes, some impact to listed species would occur from drought operations, but rationing the available water resources as ADROP does is necessary to minimize impact and prevent jeopardy. Accordingly, the drought operational scenarios in ADROP, as they pertain to the Coosa River Project,9 are reasonable and prudent measures that would help minimize take of tulotoma snail, as well as the destruction of critical mussel habitat downstream from the Jordan Project. Therefore, the drought operational measures of ADROP, as they relate to the Coosa River Project, should be included as part of any new license issued for the project. The drought operations procedures of ADROP are different and more detailed than the drought operations provisions discussed in staff’s final EA issued for the Coosa River project on December31, 2009. Nonetheless, the final EA addresses the issue of drought operations for the project in a number of places. Moreover, it is not prudent to wait until the Corps completes its revision of the ACT Manual before finalizing a project- specific drought management plan. Given the history, complexity, and controversial nature of the issues to be resolved in order to complete the manual update, which includes ongoing litigation between the states of Alabama and Georgia, it is unlikely that the ACT Manual will be finalized in the foreseeable future. Given that the 2007 drought has provided experience for protecting listed species during drought events, it is reasonable to implement the drought operations procedures for the Coosa River Project, as outlined in ADROP, upon issuance of the new license. 5.1.3 Adaptive Management Plans (AMP) to Evaluate Impacts to Listed Species As discussed in the final EA, APC, the Alabama Department of Conservation and Natural Resources (DCNR), and FWS developed plans to study the need for minimum flows downstream from the Neely Henry, Logan Martin, Lay, and Mitchell developments, including collecting detailed data on aquatic fauna in the Neely Henry and Logan Martin tailraces. In addition, APC proposes to utilize a steering committee to develop and implement a minimum flow for the Weiss bypassed reach. See final EA at 39. The plans for the Logan Martin tailrace and the Weiss bypassed reach are relevant to the evaluation of impacts to listed species. As shown in table 1, listed species are It should be noted that ADROP is an integrated plan for managing Alabama Powers reservoirs on both the Coosa and Tallapoosa rivers. However, because the current relicensing only deaJs with the Coosa River Project. only those portions of ADROP rc cnnidered in this consultation and BA. present in those two segments of the Coosa River, but not in the segments downstream from the Neely Henry, Lay, and Mitchell developments. The current Logan Martin AMP is not as detailed as the one for the Weiss bypassed reach, and does not currently focus on listed species. APC and FWS indicate that the current Weiss bypassed reach AMP can serve as a template to assess impacts to listed species associated with the implementation of a minimum flow for that reach, and to allow for adjustments to project operations to protect and enhance their habitat. Accordingly, in consultation with FWS, APC proposes to develop an AMP, as a revision of the proposed tailrace evaluation process, to assess conditions in the Logan Martin tailrace and to assess the impacts, if any, on listed species, from project operations. Among the parameters to be assessed is DO in areas inhabited by listed species, as well as other parameters such as the availability of physical habitat and host fishes. Some work and evaluation on these issues at the Logan Martin tailrace have already taken place. APC agreed to collect detailed data on aquatic fauna, such as fishes, mussels, and snails to determine the abundance and distribution of these species in the tailrace area, as well as the response of these species to any DO enhancement measures implemented at the development, including improvements to the turbine aeration system. Accordingly, in 2005, APC, in coordination with Alabama DCNR and FWS, developed a study plan to evaluate listed species and to assess the condition of the Logan Martin tailrace area after DO enhancements have been made. According to the data collection schedule, pre-DO enhancement (baseline) data was collected in 2006 and 2007 in the Logan Martin tailrace, at the location of the existing water quality monitoring station. In addition, baseline fish, mussel and snail samplings also have occurred at several tailwater locations. In response to FWS’ request for additional information on DO levels during non- generation periods, and to begin the evaluation of DO levels under the AMP, APC provided FWS with the pre-DO enhancement water quality data. The data was collected at the railroad trestle downstream from the Logan Martin dam, since this is the area closest to the dam where listed species occur. According to this data, which was taken at 15-minute intervals from June 10, 2009, to July 4, 2009, DO levels were above 4.0 mg/L 71 percent of the time, with DO levels reaching as high as 6.86 mgIL. DO dropped below 4.0 mgJL for limited periods, likely the result of diurnal fluctuations. DO averaged 4.51 mg/L during this period. Through the Section 7 consultation process, FWS recommended that the study plan for the Logan Martin tailrace be enhanced to gather more specific information about impacts to listed species. as well as the potential use of the Logan Martin tailrace as a target area for species reintroductions (discussed more fully in section 6.0). Accordingly, APC de eloped a more detailed stud3 plan to target potential impacts to licted spcciec
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47 from operations under the new license. That detailed study plan was filed as attachment 5 of APC’s supplemental BA. 5.1.4 Summary of Lay Lake Drawdowns For the past 20 years, APC has temporarily lowered the level of Lay Lake during fall months to facilitate the measurement of leakage flow, as required by the current license, and dam safety inspections at Logan Martin dam. For some time, biennial drawdowns on all lower Coosa River Project reservoirs, including Lay, have been conducted to allow residential dock maintenance and repairs, and to allow Alabama DCNR to inspect and maintain its public boat launches. Typically, the lake is lowered about 3 feet, as measured at Lay Dam, for a period of 10 to 12 days. APC consults with Alabama DCNR before lowering the lake and notifies the public once the drawdown is scheduled. APC has historically performed the drawdown over a 2-day period, at an average rate of 12 to 18 inches per day. However, APC now proposes to plan future drawdowns over a 3-day period. The modified drawdown rate is intended to minimize impacts to listed species. Listed species and critical habitat are present in the lake drawdown zone. Therefore, APC, as part of its current license, initiated studies and consulted with the FWS and the Commission regarding potential impacts to the listed species and their designated critical habitat associated with the drawdown. As a result of the studies, biologists from APC and FWS discovered colonies of tulotoma snails in a stretch of river beginning at Kelly Creek (a tributary to Lay Lake located 2 miles downstream of Logan Martin dam) and extending downstream 2 miles to a CSX railroad trestle. Tulotoma snails are present in the Coosa River’s mainstem, in areas of rip-rap or large rocks, particularly in areas of the gas pipeline and railroad crossing. Other species in the drawdown zone include the rough hornsnail, a candidate species that is currently proposed for listing and known to occur in Yellowleaf Creek; the painted rocksnail which occurs in the mainstem of the Coosa River in the upper part of Lay Lake; and the southern clubshell, a freshwater mussel typically found in shoals and runs of small rivers and large streams in sand/gravel/cobble substrate. Critical habitat units potentially affected include Units 21 and 23. In preparing for the Fall 2009 drawdown of Lay Lake (which did not occur), informal and formal ESA consultation was conducted. Informal consultation began on July 28, 2009, with a teleconference between APC, Commission staff, and FWS to discuss the Fall drawdown. On August 11 and 12, 2009, personnel from APC, FWS, and Alabama DCNR conducted surveys of the affected area. On August 24, 2009, APC sent a letter to staff describing the studies conducted and summarizing the information to be included in a formal report. A follow-up conference call was held with FWS on August 25, 2009, to discuss the studies and report. On September 15. 2009. APC hosted a telecoohrence to dtcus the ct;ou of the oonsuItatinn and on cpremher 16, AP fIled a
BA with the Commission that included “likely to adversely affect” findings for the tulotoma snail and the proposed-for-listing rough hornsnail and its proposed critical habitat units. On September 22, 2009, staff sent a letter to FWS requesting formal consultation for the tulotoma snail and a conference report on the rough hornsnail and its proposed critical habitat units. The FWS prepared a BO and conference opinion and filed them with the Commission on October 8, 2009. The FWS concluded that the Lay Lake drawdown is not likely to jeopardize the continued existence of the tulotoma snail and the rough hornsnail, and is not likely to destroy or adversely modif,’ the proposed critical habitat for the rough hornsnail. This BA incorporates the biological information and analysis of potential effects of project operations on the rough homsnail and tulotoma snail included in FWS’ BO by reference. 5.1.5 Planned Freshwater Mollusk Reintroductions In January 2010, FWS and Alabama DCNR issued a planning document entitled “A Plan for the Population Restoration and Conservation of Freshwater Mollusks of the Mobile River Basin.” The Plan outlines actions and efforts for the reintroduction and augmentation of 26 species of freshwater mussels and 30 species of freshwater snails in the Mobile River Basin (of which the Coosa River is a part). Of these species, 21 are federally listed under the ESA, or are candidates for listing. Of these 21, 15 are targets for reintroduction or augmentation in the Coosa River drainage. In addition, the Plan lists 12 non-listed species as targets for reintroduction or augmentation in the Coosa River. The Plan describes the reintroduction and augmentation actions that would likely take place in the Coosa River in the foreseeable future, in the proximity of the Coosa River developments during the term of the license. The Plan also provides for specific reintroduction sites, including some in the project tailraces. The Plan prioritizes reintroduction and augmentation efforts, and provides protocols and practices for carrying them out. The plan was filed as attachment 5 of APC’s supplemental BA. On March 11, 2010, FWS, APC, and Alabama DCNR met to discuss the Plan’s impact on APC’s operations. Subsequent to the meeting, FWS and Alabama DCNR provided APC with a more specific list of species and potential sites for reintroduction. The list includes all but three of the species listed in the Plan, and four additional species that are not included in the Plan, for a total of 39 species (18 mussels, 11 snails and 10 fish species). Our consultation, herein, only includes those species that are currently listed as threatened or endangered or are candidates for listing (3 fish, 7 snails and 14 mussel species).
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39 Most of the listed species do not currently exist in the Coosa River Basin area, but their reintroduction is certain to occur during the license tenn.’° Targeted areas of reintroduction include, but are not limited to: (1) the Weiss, Logan Martin, and Jordan tailraces; and (2) Kelly Creek and Yellowleaf Creek (tributaries to Lay Lake), Terrapin Creek (tributary to Weiss bypass), Hatchet Creek and Weogufka Creek (tributaries to Mitchell Lake), Big Canoe Creek (tributary to Neely Henry Lake), and Choccoloeco Creek (tributary to Logan Martin Lake). The tailraces are targeted reintroduction locations largely because of the minimum flows that currently exist downstream from the Jordan dam, that would be implemented downstream from the Weiss dam, and that would be evaluated for the other projects as discussed in section 6.0.11 The proposed reintroduction and augmentation activities are, according to the FWS and Alabama DCNR, experimental in nature.’2 Therefore, “controlled propagation will be treated as experimental in nature,” and individual reintroductions “should be considered as individual experiments.” Recent reintroduction efforts below the Jordan dam provide an example of the experimental nature of these activities. Tn 2003, 2004, and 2005, Alabama DCNR, with FWS’ cooperation, stocked interrupted rocksnails into the lower Coosa River, which included a total of approximately 7,400 individuals. Since these reintroductions, “[ojbservations of only small numbers of reintroduced snails” have ‘° The schedule and location of the individual reintroduction efforts would depend on the results and analysis from the AMPs and water quality data collected under the new license. “In addition, APC entered into a funding agreement with Alabama DCNR on January 9, 2007, whereby APC agreed to provide funding to enhance fishery habitats (“Fish Program”) and to support the Alabama Aquatic Diversity Center (Diversity Center), an aquatic center.and culture facility in Marion, Alabama developed for the propagation and restoration of imperiled aqUatic species within the state (“Culture Facility Fund”) (collectively, the “ADCNR Funding Agreement”). APC would provide $4.7 million for the Fish Program and $2.8 million for the Diversity Center, as an off- license measure. See final EA at 103. The final EA concluded that the Fish Program is an appropriate license condition because it has a direct nexus to the Coosa River Project by enhancing fish spawning, creating habitat and cover for fish, stabilizing streambanks, and controlling sedimentation into the river. Id. at 234. However, the Diversity Center Fund would support the operation of a facility for aquatic species anywhere in the state of Alabama. Therefore, the final EA concluded that the fund has no direct nexus to the project, and would not be recommended as license condition. See FEA at 135, 249. 12 See FWS. March 11, 2003. Freshwater Mussels and Snails of the Mobile River Basin: Plan for Controlled Propagation, A ignwntation. and Reintroduction, at pg. 6 (“2003 Plan). been made. The population does not appear well established or self-perpetuating. In fact, FWS observed that “this reintroduced population would likely require augmentations over several years before population size can reach self-sustainable levels.” Thus, due to the experimental nature of the reintroductions, it is uncertain if the reintroduced species on the FWS’ list would survive inthe targeted locations in the Coosa River Basin that are affected by project operation under any new license issued for the project. The Plan lists restoration possibilities for the fine-lined pocketbook in the Coosa River downstream from the Jordan dam (although the Plan notes that this site is only appropriate for a large number of reintroduced species), as well as other potential tributary reintroduction localities in Little River and Big Canoe Creek. For the rough hornsnail, additional reintroduction locations referenced in the Plan include lower Kelly, Talladega, Tallaseehatchee creeks and possibly several other large lower Coosa tributaries, including Hatchet and Weoka creeks. 6.0 CONCLUSIONS Continued operation of the Coosa River Project is not likely to adversely affect the existing populations of blue shiner. Reintroducing blue shiner, amber darter, and goldline darter to the Weis tailrace is a proposal that is based onthe expected improvement in aquatic environmental conditions after the implementation of the new project license conditions. APC’s implementation of its proposed project modifications would make the reintroduction feasible. However, project operations could result in adverse conditions, (e.g., low DO, temperature fluctuations, flow fluctuations) for the reintroduced fish populations. Based on the new information included in APC’s supplemental BA, the conclusions in this revised BA are a more accurate assessment of the likely effects associated with the continued operation of the Coosa River Project on listed species and their critical habitat. Although the painted rocksnail’s distribution in the Coosa River mainstem was not discussed in APC’s draft BA or the final EA, additional research indicates that it inhabits deeper water than those impacted by the project. In addition, APC continues to consult with the Corps with regard to including a drought management plan in the Corps’ regulation plan for the ACT basin, and with the state of Alabama to include similar drought provisions in the state drought management plan. Additional data collected and provided to FWS indicates that DO levels downstream from the Logan Martin dam during non-generation are sufficient to maintain and enhance the existing population(s) of listed species that are present. The AMP for Logan Martin w’ould assist APC in identi’ing and implementing additional measures, if needed, to enhance DI) levels in the tailrace. benefitting aquatic species in the area. The impacts on the tulotuma ndjl and rouith hornsnail from the Lay Lake dra downs have been analyzed in a separaw B(.) and con iërencc opinion. which resulted iii u not likely to
51 jeopardize finding for both species. Finally, the final EA states that captive propagation and reintroduction into remaining suitable habitats is “an important recovery goal.” Thus, reintroducing species into action areas within, or around, the project seems likely to occur during the term of the license. These reintroduced populations could be subject to adverse conditions, (e.g., low DO, temperature fluctuations, flow fluctuations) due to project operations under the new license and are likely to be adversely affected by such actions. Consistent with the consultation conducted and completed in 2009, we conclude that the drawdo.wns occurring under the new license are not likely to adversely affect the painted rocksnail, southern clubshell, nor are they likely to adversely affect critical habitat Units 21 and 23. We also conclude that the drawdowns arelikely to adversely affect the tulotoma snail, rough hornsnail, and the proposed critical habitat forihe rough hornsnail. Based on the best available scientific information for listed species in the Logan Martin tailrace and implementation of the detailed study plan, continued project operation is not likely to adversely affect listed species currently present in the Logan Martin tailrace (tulotoma snail, painted rocksnail, southern clubshell). If the data collected as part of the AMP, and the evaluation of that data, change this conclusion, Section 7 consultation may be reinitiated in the future. In all other areas, the relicensing of the project would have no affect on, or would not likely adversely affect, listed species, and thus no further consultation is necessary. Kral’s waterplantain has no populations known to occur within the Weiss development boundary, and would likely not be affected by the proposed action. Harperella occurs at two sites in the vicinity of the Weiss reservoir. Both of the sites are located upstream of the influence of the Weiss reservoir pool and inundation zone, and is not likely to be affected by the proposed action. Mohr’s Barbara’s buttons are located on upland sites, well removed from the Neely Henry development, and would likely not be affected by the proposed action. Alabama leather flower are located on upland sites, well removed from the Neely Henry devekipment, and would likely not be affected by the proposed action. The green pitcher plant populations are mostly located in areas outside of the influence of project operations. Thn few populations that may experience some changes in water level elevation from project operations have expanded or persisted during current conditions; however the water level elevations will be moreconsistent than under current conditions. Based on our review, we concluded that 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. Kra!’s waterplantain. and green pitcher plant.
Based on our review, we concluded that 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. Based on our review, we concluded that continued project operation, as proposed by Ajabama 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, Cdosa moccasinshefl, southern clubshell, southern pigtoe, ovate clubshell, southern combshell, Georgia pigtoe, heavy pigtoe, rayed kidneyshell, and inflated heelsplitter. Based onour review, we concluded thatcontinued project operation, as proposed by Alabama Power, and with our recommended measures, is likely to adversely modif’ mussel Critical Habitat Units 18 and 26, interrupted rocksnail Units JR I and 3, rough hornsnail Units RI-I I and 2, and Georgia pigtoe Units GP 2 and 3. We conclude that the remaining Habitat Units, or sections thereof, are not likely to be adversely modified by the continued project operation, as proposed by Alabama Power, and with our recommended measures. Therefore, formal consultation is necessary for the following five areas: (I) mussels, snails and critical habitat downstream from the Jordan darn, including proposed species and critical habitat, resulting from ramping operations that may leave individuals stranded, as well as from implementation of th.e Coosa River portion of the ADROP; (2) mussels, snails and critical habitat in the Weiss bypassed reach, including proposed species -and critical habitat, resulting from the new flow regime; (3) the proposed sites for reintroductioaor augmentation of species as set forth in Table 2 (including the Weiss, Logan Martin, and Jordan tailraces, Kelly Creek, Yellowleaf Creek, Terrapin Creek, Hatchet Creek, Weogutka Creek, Big Canoe Creek, and Choccolocco Creek); and (4) red-cockaded woodpeckers on lands associated with the Mitchell development-that are incidentally impacted during prescribed burning and other forest management operations.