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Draft EIS_072312.pdf - Middle Fork American River Project ...

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20120723-4002 FERC PDF (Unofficial) 07/23/2012<br />

project powerlines including northern goshawk, golden eagle, osprey, California spotted<br />

owl, flammulated owl, great gray owl, and <strong>American</strong> peregrine falcon.<br />

Protection of Newly Designated Special Status Plants and Wildlife<br />

<strong>Project</strong> effects have not been assessed for special-status species that may move<br />

into the project-affected area or for species that may become newly listed or receive a<br />

special status from California Fish and Game, FWS, or the Forest Service.<br />

PCWA proposes in its Sediment Management Plan, VIPMP, Bald Eagle<br />

Management Plan, Recreation Monitoring Plan, Transportation System Management<br />

Plan, and Historic Properties Management Plan to consult with the Forest Service,<br />

California Fish and Game, and FWS annually to discuss appropriate measures to protect<br />

new special status plants, wildlife nest, roost, or den sites; identify other resources to be<br />

protected during implementation of routine maintenance activities; and discuss the<br />

effectiveness of avoidance and protective measures. Special status plant and raptor nest<br />

and winter roost surveys would be conducted at 5 year intervals, which would include<br />

any newly designated special status plants and raptors. Prior to facility modification or<br />

construction activities, surveys would be conducted to determine if any active special<br />

status raptor nests occur in proximity of proposed construction activities. If active nests<br />

are found, construction would not occur within 500 feet of the next during the nesting<br />

season. Alternative 1 plans area either the same as the proposed plans or have the same<br />

provisions for annual agency consultation to discuss avoidance and protective measures.<br />

Forest Service condition no. 27 specifies that if new occurrences of Forest Service<br />

special-status species are detected prior to or during ongoing construction, operation, or<br />

maintenance of the project, PCWA would immediately notify the Forest Service and<br />

develop and implement protective measures as appropriate. In addition, PCWA would<br />

develop a study plan to assess project effects on newly listed special-status species if they<br />

are likely to occur on project-affected area. Forest Service condition no. 11 specifies that<br />

PCWA would prepare and submit a biological evaluation for Forest Service approval<br />

prior to taking actions to construct new project features on NFS lands that may affect<br />

Forest Service special-status species. NMFS and Interior make similar recommendations<br />

pertaining to federal and state special status species.<br />

Our Analysis<br />

The Alternative 1 supplemental filing does not directly address Forest Service<br />

conditions 11 and 27, but implementation of the annual consultation with California Fish<br />

and Game, Forest Service, and FWS, and monitoring specified in both the proposed and<br />

Alternative 1 plans would enable appropriate avoidance and protective measures to be<br />

taken in the event of new information regarding species presence in the project area or<br />

changes in the status of species that were previously not considered special status species.<br />

If a new species is to be addressed, identification of project-related effects and<br />

subsequent avoidance, protection, or minimization measures developed through a Forest<br />

Service biological evaluation (for species that may occur on NFS lands), FWS biological<br />

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