Description:
In a letter dated August 16, 2019, Commission staff informed FWS that the draft EIS serves as the biological assessment for the project; however, due to incomplete surveys for listed species at the time of the draft EIS, Commission staff’s final biological assessment and request for concurrence would be provided with the final EIS. The final EIS, issued on February 14, 2020, included Commission staff’s final biological assessment and requested concurrence from FWS on determinations of effect for listed species potentially affected by the project.
Milestones:
Date depends on the availability of completed survey information for listed species. FERC has advised the Service they are still awaiting that information from the project sponsor. This also affects Milestones 2 and 3.
The FERC submitted the FEIS as the final Biological Assessment and requested the Service to concur with the determinations of effect for Federally listed species in the project area. The Service believes that the document contains sufficient information for areas that have been surveyed. The FERC proposes that areas not yet surveyed due to lack of access permission be surveyed if potential suitable habitat exists after permission is obtained and will complete any additional needed consultation. Also, should the project be modified, additional surveys and consultation may be needed. Some examples of these modifications would be: changing from municipal water supplies to surface water intakes; changes in stream crossing methods; or changes in the route.
The Federally endangered Roanoke logperch (Percina rex), Federally endangered James spinymussel (Pleurobema collina), Federally proposed threatened Atlantic pigtoe (Fusconaia masoni), Federally threatened Small whorled pogonia (Jsotria medeoloides), and Federally endangered Smooth coneflower (Echinacea laevigata), potentially occur in the project area. MVPS surveyed potential suitable habitat for these species in the areas to which they had been permitted access. Based on the findings of those surveys, project impacts as proposed, and commitments by MVPS to survey any remaining suitable habitat areas when access is granted, the FERC determined that the Project may affect, but is not likely to adversely affect the above listed species. The Service concurs with those determinations.
The FERC should contact the Service to determine if reinitiation of consultation is needed:
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- 1. If new information reveals effects of the action that may affect listed species or critical habit in a manner or to an extent not previously considered;
- If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence; or
- A new species is listed or critical habitat designated that may be affected by the identified action.