@2/82 FS PAGE 3øi2@07 @S47 7757268111 CALIENTE United States Departhient of the Interior BUREAU Of LAND MANAGEMENT Ely Field Oftce I-1C33 Bo 33500 (702 N. tndstria Way) TAKE PRIDE. Ely. Nevada 893(11 -940$ INAMERICA http://www.hlm.gov/n’/sVeii.html RecelvQd In Reply Refer to: So. Nevada Field Offlc JUL 2 ‘ 200? 6840(P) (NV-045.07) OCT 122007 Las Vegas, 1W Memorandum To: Assistant field Supervisor, U.S. fish. an Wildlife Service, Southern Nevada. Fish and. Wildlife Office, Las Vegas, NV From: Field Manager. Bureau of Land Management (BLM) Fly Fie)d Office, NV Subject: Fornal Section 7 Consultation and Request for Concurrence, Southwest intcrtie Project (SWIP) — Southern Portion The BLM Ely requests formal section 7 consultation under the Endangered Species Act on the proposcd $WIP— Southern Portion due tø possible adverse effects to the Mojave population of lesert Tortoise (Gopherus agassizii). The BLM Ely Field Office has prepared a BioJogical Assessment (BA) to update the original BA for the SWIP that was prepared in November, 1993, Please find attached a BA analyzing the potential Impacts of the project to Desert Tortoise. The BA includes analysis on potential impacts to the endangered Southwestern Willow Flycatcher (Empidon fratfli extirnus) and threatened Bald Eagle (Haliacetus leucocephalus) and a finding of “may affect, not likely to adversely affect” for these two species. Thc BLM requests concuiTence with this finding. A discuss n of these species and their associated habitats is included in the attached BA. If you have any questions or require additional information, please contact Wildlife Biologist Alicia Styles at 775-726-8 128. —- -—x: Attachments: Biological Assessment cc: Elroy Masters. T&E Species Coordinator. Nevada State Office FINAL BIOLOGICAL ASSESSMENT FOR THE SOUTHWEST INTERTIE PROJECT SOUTHERN PORTION Prepared for and under the Direction of: Bureau of Land Management Prepared by: EPG, Inc. On Behalf of: Great Basin Transmission, LLC July 2, 2007 TABLE OF CONTENTS 1 .0 Introduction 1 1.1 Purpose 1 1.2 Project Description 1 1.3 Prior Studies and Section 7 Consultation 3 1.4 Data Collection 3 2.0 Study Area and Environmental Setting 5 2.1 Physiographic Province 5 2.2 Biotic Communities 5 3.0 Species Accounts 7 3.1 Bald Eagle 7 3.2 Southwestern Willow Flycatcher 9 3.3 Desert Tortoise 14 3.4 Desert Tortoise Habitat 18 3.5 Results of the 2006 Desert Tortoise Surveys 20 4.0 Unmitigated Impacts 24 4.1 Introduction 24 4.2 Bald Eagle 24 4.3 Southwestern Willow Flycatcher 25 4.4 Desert Tortoise 25 4.5 Desert Tortoise Critical Habitat 26 5.0 Mitigation Planning 28 5.1 Mitigation Measures Specifically for the Mojave Desert Tortoise 30 6.0 Cumulative Effects 35 6.1 Introduction 35 6.2 Bald Eagle and Southwestern Willow Flycatcher 35 6.3 Desert Tortoise Mojave Population 35 7.0 Habitat Compensation for the Desert Tortoise 37 8.0 Determination of Effects 38 8.1 Bald Eagle 38 8.2 Southwestern Willow Flycatcher 38 8.3 Mojave Desert Tortoise 38 8.4 Desert Tortoise Critical Habitat 39 9.0 References 40 Final Biological Assessment EPG SWIP — Southern Portion July 2, 2007 Table of Contents (continued) Appendix A - Additional Special Status Species Evaluations Introduction A- 1 Justification for Determinations A- 2 Other Special Status Species Evaluation A-i 1 Mammals A-il Birds A-19 Reptiles A-37 Amphibians A-40 Fish A-41 Invertebrates A-45 Plants A-49 References A-57 EPG Final Biological Assessment ii July 2, 2007 SWIP — Southern Portion LIST OF TABLES 1 Goals and Criteria for Three Categories of Desert Tortoise Habitat Areas 19 2 Desert Tortoise and Sign Thereof Observed on Triangle Transects Along the Project Right-of-Way 22 3 Disturbance Within Critical and Non-Critical Desert Tortoise Habitat Area 26 4 Generic Mitigation Measures Relevant to Species Addressed in this BA 28 5 Selective Mitigation Measures Relevant to Species Addressed in this BA 29 LIST OF FIGURES 1 Project Location 2 2 Desert Tortoise Critical Habitat 21 Final Biological Assessment EPG SWIP — Southern Portion July 2, 2007 -----.—-—- SECTION 1.0 INTRODUCTION 1.7 PURPOSE This Biological Assessment (BA) has been prepared to assess the potential impacts of construction, operation, and maintenance of the southern portion of the Southwest Intertie Project (SWIP) on the Bald Eagle (Haliaeetus leucocephalus), Southwestern Willow Flycatcher (Empidonax trailll extimus), and Desert Tortoise (Gopherus agassizil; Mojave Desert population) including Desert Tortoise Critical Habitat. This BA identifies measures to mitigate and compensate for potential impacts to these species, and is intended to provide the information needed by the U.S. Fish and WHdlife Service (USFWS) to conduct formal consultation and issue a Biological Opinion (BC) in accordance with requirements of Section 7 of the Endangered Species Act (1973, as amended). Also included in Appendix A of this document is a brief discussion of other special status species that possess a level of protection or concern in the state of Nevada and could potentially be found in the project area. These are species listed by the Nevada State Office of the Bureau of Land Management fBLM) as sensitive species, and species monitored by the Nevada Department of Wildlife (NDOW), and were included in the BA at the request of BLM and NDOW. 1.2 PROJECT DESCRIPTION Great Basin Transmission, LLC (Great Basin) proposes to construct, operate, and maintain a ) single-circuit, overhead 500 kilovolt (kV) transmission line between the Harry Allen Substation, located in Dry Lake, Nevada, to a point approximately 3 miles west of the proposed White Pine Energy Station (WPES) located approximately 34 miles north of Ely, Nevada (Figure 1). Located in White Pine, Nye, Lincoln, and Clark counties, the transmission line (approximately 264 miles in length) will consist of self-supporting, steel-lattice, and steel-pole H-frame structures placed approximately 1,200 to 1,500 feet apart. The SWIP will also include a new substation located approximately 18 miles northwest of Ely (Thirtymile Substation), where it will interconnect with the existing 345kV Falcon to Gonder line. The transmission line and associated facilities comprise the southern portion of the Midpoint to Dry Lake segment of the SWIP, which was approved by the BLM in 1994. The SWIP right-of- way was granted by the BLM to Idaho Power Company (IPC), when the project was approved in 1994, and reissued (extended) in 1999 and 2004. Great Basin has an option to purchase the SWIP (including the BLM right-of-way) from IPC, and has been authorized by IPC to complete the project permitting process, including obtaining a notice to proceed from the BLM. The transmission line will create a connection between existing electrical grids and service areas in southern Nevada (Nevada Power Company) and northern Nevada (Sierra Pacific), and will contribute to increased transmission reliability and sharing of the electrical supplies between the regions of the West. It also will provide a means to transmit power from the proposed WPES, and possibly from other power generation projects (e.g., proposed wind energy projects north of Ely) to market. Final Biological Assessment EPG 7 SWIP — Southern Portion July 2, 2007 t3 PRIOR STUDIES AND SECTION 7 CONSULTATION The BLM prepared an environmental impact statement for the SWIP—the Southwest Intertie Project Final Environmental Impact Statement (SWIP EIS) and Proposed Plan Amendment (July 1993)—prior to approval of the SWIP right-of-way in 1994. A BA (Dames & Moore/IPC 1993) and two BOs (FWS, March 23, 1994, File No. 1-5-94-F-28R; FWS, May 12, 1993, File No. 1-5-93-F-91) also were prepared in connection with the SWIP EIS and right-of-way approval. The conclusion of the BOs was that the SWIP would adversely affect the threatened Mojave population of the Desert Tortoise but would not jeopardize its continued existence, in light of specified reasonable and prudent measures to minimize take. An incidental take statement was issued for Desert Tortoise in connection with the BOs. The BOs also concurred with the BLM’s conclusion that the SWIP was not likely to adversely affect the endangered Bald Eagle or the Peregrine Falcon. The BLM and USFWS have determined that a new BA (this BA) and a new BO should be prepared for the southern portion of the SWIP, in connection with ongoing efforts by Great Basin and the BLM to finalize the construction, operation, and maintenance plan (COM Plan) for that segment prior to final approval and construction. 1.4 DATA COLLECTION Biological data were initially collected during the biological inventory for the SWIP EIS. Data sources for special status species included scientific literature, existing EPG files, and agency contacts. Biological information was collected within 2-mile-wide study corridors, centered on J the proposed alignments of the various alternative study corridors for the entire 500-mile SWIP project from the Twin Falls area (Midpoint Substation) in Idaho, to Dry Lake, Nevada. In connection with these earlier studies, agency personnel were asked to provide information on potential or known occurrences of sensitive wildlife and plant species, as well as habitats of special concern within the study corridors. Agencies that provided biological information included BLM, Forest Service, USFWS, NDOW, Utah Division of Wildlife Resources, Idaho Department of Fish and Game, and Idaho, Nevada, and Utah Natural Heritage programs. No site-specific field-survey work was conducted as part of the biological inventory nor were any such studies conducted for the 1992 BA. The Mojave Desert Tortoise, which had been listed as threatened in 1990, was identified as an important species that occupies habitat within the study corridor; therefore, specific data on distribution and abundance was obtained from the BLM’s Las Vegas District Office, including maps showing the BLM’s Desert Tortoise Habitat Areas for Nevada including the current existing Coyote Springs Area of Critical Environmental Concern (ACEC), and maps showing the results of 1.5-mile triangular strip-transect surveys for the Desert Tortoise.