ML21271A603
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2111 S. 67th Street / Suite 200 / Omaha, NE 68106 O 402.341.1116 / olsson.com February 19, 2021 United States Army Corps of Engineers - Nebraska Regulatory Office Attn: Matt Wray 8901 S 154th Street, Suite 1 Omaha, Nebraska 68138 RE: Fort Calhoun Nuclear Generating Station, Demolishment of Missouri River Intake Structure Omaha Public Power District Washington County, Nebraska
Dear Mr. Wray:
Omaha Public Power District (OPPD) is proposing to demolish the Missouri River intake structure and turbine building at the recently decommissioned Fort Calhoun Nuclear Generating Station in Washington County, Nebraska. On behalf of OPPD, Olsson, Inc. (Olsson) is notifying appropriate agencies due to the proximity of the proposed project to the Missouri River. The proposed project does not anticipate any temporary or permanent impacts to a Waters of the United States (WOTUS) or aquatic resources. OPPD anticipates that Section 404 and Section 10 Permits are not required for the activities described below. We are requesting confirmation that Section 404 and Section 10 Permits are not required for the project activities. This letter has been prepared to provide information for your records.
- 1. Location of Proposed Project The project area is located within the Fort Calhoun Nuclear Plant located on Power Lane in Blair, Nebraska. More specifically, the project is located in Section 21, Township 18 North, Range 21 East. The geometric center of the study area is located at latitude 41.5216°and longitude
-96.076627°. The study area includes the Turbine Building and the intake structures that abut the Missouri River (Figures 1 and 2 in Attachment A).
- 2. Project Description The Intake Building is a steel framed structure with an above grade precast concrete exterior that sits on the west bank of the Missouri River. Upon release of the structure for the demolition activities, all utilities will be properly isolated which includes, but not limited to all power, water, and instrument controls.
Water protection devices will be installed as necessary between the river and the structure to prevent debris from leaving the area. Any debris that needs to be removed from the river will be done so with the excavators equipped with a hydraulic attachment. All work would be completed from the Fort Calhoun side and no work would occur from platforms or other constructed areas within the Missouri River.
Olsson l 2 Intakes have previously been cut and capped at the intake structure and Turbine Building, and no further bulk-heading will be required. Stop logs have previously been installed in the south discharge and will be installed in the north discharge. Tunnels will be excavated at the stop logs and the tops broken out. Any remaining water will be pumped out through the outfall after debris removal and clean-out Final Status Surveys have been completed.
The precast panels at the east side, near the river, will be removed via crane as necessary for removal. The structural removal will begin with above grade roof and walls being opened and pulled to the west. Elevation of the Missouri River is approximately 986 feet above mean sea level (asml) according to the National Weather Service Advanced Hydraulic Prediction Service Website. The structure extends to approximately 20 feet below the elevation of the Missouri River, with the basement of the structure sitting at approximately 966 feet amsl. The intake structure will be demolished from elevations 1,001 feet asml to 993 feet amsl. Approximately seven feet of the concrete structure will remain in place above the Missouri River level of 986 feet asml and remain in place to the basement of the structure at 966 feel asml. Areas of the structure that will remain intact are shown on Sheet 1 in Attachment A as pink hatches. The sluice gates of the intake structure will be closed and approximately 8,800 cubic yards of backfill will be brought in from the on-site borrow area, placed, graded, and compacted within the remaining intake structure (Plan View on Sheet 1). Approximately 500 cubic yards of Type 3 riprap will be imported and placed up to the footprint of the exterior walls of the intake structure and used to reconstruct the bank of the river as shown on Section B-B of Sheet 1, Attachment A. The intake structure will be backfilled in accordance with Fort Calhoun Excavation and Backfill Requirements. Attachment A also includes the original Site Grading Plans and the Site Plans for Construction Dewatering for the construction of the structures in 1967.
- 3. Wetland Delineation Olsson staff completed a desktop review of wetlands and other WOTUS near the project site using the United States Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) map, USGS National Hydrography Dataset (NHD), and Natural Resource Conservation Service (NRCS) digital soil data for Washington County, Nebraska (Figure 3, Attachment B). The online resources show the study area includes the location of the NHD channel and a stream channel shown on the USGS topographic map on the Location Map in Attachment A. The NWI database does not depict any wetlands associated with the study area. Soils within the study area range from hydric to non-hydric, with hydric soils generally being associated with lower elevation swales.
The detailed findings from the desktop review are included in in Attachment C. Photos provided by OPPD are included in Attachment B.
One perennial channel, Missouri River, is located within the study area. Due to the nature of the site and the concrete walls shown in the photos (Attachment C), it is assumed that no wetlands are associated with the study area.
Olsson l 3
- 4. Impacts The demolition project has been designed to avoid all permanent and temporary impacts to the Missouri River. As part of the demolition, all the material will be demolished from the western top of and directly adjacent to the existing structure. There would be no disturbance to areas outside the existing structure, thus avoiding the Missouri River. The project will not impact water quality or flows, including out of channel high bank flows.
construction equipment will access the site from the west, thus avoiding the Missouri River.
Sluice gates will be closed and sealed prior to fill (Photos 1 and 3, Attachment C).
The existing retaining wall (Photos 2 and 3, Attachment C) that surrounds the intake structure will remain in place as shown as pink hatches on Sheet 1, Attachment A.
Therefore, the banks along the Missouri River will not be modified.
No coffer dams or temporary structures will be placed in the Missouri River.
Materials taken from the site will be disposed of at an appropriate construction waste facility.
OPPD believes that this activity does not require a Section 404 or Section 10 Permits and are requesting a verification letter.
- 5. Threatened and Endangered Species A Threatened and Endangered Species Evaluation was completed by Olsson using the Nebraska Game and Parks Commission (NGPC) Conservation and Environmental review Tool (CERT) on February 11, 2021 (Attachment D). This project is within or near modeled distribution of the state-listed threatened lake sturgeon (Acipenser fulvescens), the state and federally listed endangered pallid sturgeon (Scaphirhynchus albus), and the state-listed endangered sturgeon chub (Macrhybopsis gelida). Conservations Conditions are listed below and will be implemented in order to avoid adverse impacts on the species.
Work will not occur in the river, stream, or connected backwater areas. (Boat docks and ramps can be installed from August 1 to January 31.)
The project or activity will not impact water quality or flows, including out-of-channel high bank flows Avoid and minimize sedimentation from upland soil disturbances Bridge deck debris will be captured and/or contained to prevent material from entering the wet or dry channel, streambed, or riverbed (Only applies to bridge work)
Water and spoil will not be discharged directly into the channel from February 1 -
July 31 With the application of seasonal restrictions for certain types of construction activities, OPPD believes this project will have no impacts to federal-or state-listed species.
Olsson l 4
- 6. Historical Properties Olsson conducted a desktop review for historical properties within the limits of construction using the History Nebraska government webpage and the National Park Service U.S. Department of the Interior National Register of Historic Places. According to the databases, no known historic sites fall within the vicinity of the project area.
- 7. Floodplain/Wild and Scenic Rivers The project is located within a FEMA-designated Floodplain Zone AE and Floodway Zone AE located within the project area as shown on the Flood Insurance Rate Map (FIRM) for Washington County, Nebraska (Map Number 31177CO189DF, effective date 1/6/2012). OPPD will coordinate with the Washington County floodplain administrators to ensure compliance with any necessary requirements.
We are providing this information to your office based on conversations held between USACE-Omaha staff and Mr. Patrick Finigan of OPPD regarding the project. This information will also be provided to Jonas Grundman of the USACE-Omaha District Section 408 group to ensure compliance with Section 408. If you have any questions, please contact me at acherko@olsson.com or at 402-215-5328.
Sincerely, Amy Cherko Natural Resources and Planning 402-215-5328 acherko@olsson.com cc:
Jonas Grundman, Omaha District Section 408 Mr. Patrick Finigan, OPPD, Water Program Administrator
Enclosures:
Attachment A: Figures Attachment B: Wetland Resources Attachment C: Photolog Attachment D: NGPC CERT Document
Attachment A Figures
Study Area Study Area F:\\2021\\02001-02500\\021-02394\\40-Design\\GIS\\21-02-10_NRPL_Wetland Maps.mxd PUBLISHED BY: rdoty DATE: February 10, 2021
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WGS 1984 ARC System Zone 11 OPPD Intake Structure Wetland Delineation Washington County, Nebraska Olsson Project No: 021-02394 Location Map Figure 1 0
1,000 2,000 500 ft 1 " = 2,000 '
Basemap: ESRI USA Topo Map
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31
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133
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91
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36
£
275
£
75
£
30 Iowa Blair Bennington Fremont Nickerson Omaha Arlington Fort Calhoun Herman Washington Kennard Fontanelle Douglas Burt Dodge Washington NEBRASKA Project Area
OPPD Power Plant Study Area F:\\2021\\02001-02500\\021-02394\\40-Design\\GIS\\21-02-10_NRPL_Wetland Maps.mxd PUBLISHED BY: rdoty DATE: February 10, 2021
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WGS 1984 ARC System Zone 11 OPPD Intake Structure Wetland Delineation Washington County, Nebraska Olsson Project No: 021-02394 Site Map Figure 2 0
50 100 25 ft 1 " = 100 '
Basemap: ESRI World Imagery
59'-8" 26'-2" 88'-0" 45'-0" 2'-4" DD CC BB AA 105 104 103 102 EL 975'-0" EL 970'-0" EL 973'-2" EL 974'-8" SLOPE EL 966'-2" EL 974'-8" A
SECTION A-A EL 970'-0" EL 1001'-0" EL 975'-0" NOTES:
1 THIS DRAWING IS PROVIDED FOR CONCEPTUAL PURPOSES ONLY.
- 2. ALL INTERIOR WALLS HAVE BEEN REMOVED EXCEPT THE EAST-MOST WALLS AT THE RIVER INTERFACE.
INTERIOR OF BUILDING TO BE FILLED WITH COMPACTED FILL FOLLOWING DEMOLITION. A 3 FT LAYER OF RIP-RAP TO BE PLACED OVER FILL.
- 3. GATES NOT SHOWN FOR CLARITY.
- 4. TOPOGRAPHY SHOWN IN SOLID LINES ARE TAKEN FROM OPPD DRAWING 11405-S-251 SH. 2.
- 5. TOPOGRAPHY SHOWN IN DASHED LINES ARE ASSUMED.
- 6. ELEVATION OF MISSOURI RIVER TAKEN AS 986'-6" FROM THE NATIONAL WEATHER SERVICE ADVANCED HYDRAULIC PREDICTION SERVICE WEBSITE.
INTAKE STRUCTURE - PLAN VIEW SECTION B-B EL 1001'-0" 106 101 EL 995'-0" EL 1000'-0" EL 986'-6" B
EL 1004'-0" MISSOURI RIVER EL 1004'-0" (RETAINING WALL)
EL 994'-6" EL 973'-2" STRUCTURE TO REMAIN EL 1004'-0" EXISTING RETAINING WALL RIP-RAP (NOTE 2)
COMPACTED FILL (NOTE 2)
EL 985'-0" 000 ENER*< SOLUT,O1S DESCRIPTION OF CURRENT REVISION APPR / DATE CHECK / DATE PREP / DATE REVISION HISTORY REV.
OWNER / CLIENT PROJECT TITLE PROJECT LOCATION THIS DRAWING IS THE PROPERTY OF ENERGYSOLUTIONS AND SHALL NOT BE REPRODUCED, RELEASED, OR USED WITHOUT ENERGYSOLUTIONS EXPRESS WRITTEN PERMISSION. COPYRIGHT 22. ALL RIGHTS RESERsED.
(notes)
INITIAL ISSUE JMH 2/11/2021 PROPRIETARY?
YES NO DRAWING STATUS:
PE SEAL (NOT REQUIRED)
ENERGYSOLUT/OES LLC 121 W. TRADE STREET, SUITE 2700 CHARLOTTE, NC 28202 LIC. #: NC-XXXXXX DRAWING TITLE:
DRAWING NUDER:
PROJECT NUDER:
SHEET/PAGE NUDER:
BLAIR, NE FORT CALHOUN STATION OMAHA PUBLIC POWER DISTRICT (OPPD)
FOR INFORMATION INTAKE STRUCTURE DEMOLITION 164074-EN-DWG-C-009 164074 1 OF 1 TRUE PLANT N
N 1
SEE ABOsE MGR 2/11/2021 2/11/2021 TEE Approx. 8,800 CY Approx. 500 CY Type 3
Attachment B Wetland Resources
OPPD Power Plant 9999 7741 Missouri R iver Other Flowlines SSURGO Soils Study Wetland Class (NWI)
Riverine Habitat F:\\2021\\02001-02500\\021-02394\\40-Design\\GIS\\21-02-10_NRPL_Wetland Maps.mxd PUBLISHED BY: rdoty DATE: February 10, 2021
+/-
WGS 1984 ARC System Zone 11 OPPD Intake Structure Wetland Delineation Washington County, Nebraska Olsson Project No: 021-02394 Natural Resource Map Figure 3 0
50 100 25 ft 1 " = 100 '
Basemap: ESRI World Imagery
Attachment C Photo Log
Photolog OPPD Intake Structure Page 1 of 2 February 2021 Project Name:
OPPD Intake Structure Photo: 1
==
Description:==
View west of intake structure and turbine building from the Missouri River side.
Project Name:
OPPD Intake Structure Photo: 2
==
Description:==
View of the south (downstream) side of the intake structure.
The structure would remain in place from approximately 966 feet above mean sea level (amsl) to 1,001 feet amsl.
Sluice gates that will remain closed and sealed prior to construction Existing retaining wall that will remain in place.
Photolog OPPD Intake Structure Page 2 of 2 February 2021 Project Name:
OPPD Intake Structure Photo: 3
==
Description:==
View of intake structure along the Missouri River. The structure would remain in place from approximately 966 feet amsl to 1,001 feet amsl.
Project Name:
OPPD Intake Structure Photo: 4
==
Description:==
View of the west bank of the Missouri River, immediately downstream of the intake structure.
Sluice gates that will be closed and sealed prior to construction.
Existing retaining wall that will remain in place.
Attachment D NGPC CERT Document
Environmental Review Report Project Information Report Generation Date:
2/11/2021 02:37:02 PM Project
Title:
OPPD Nuclear Plant User Project Number(s):
System Project ID:
NE-CERT-003693 Project Type:
Energy Production/Storage/Transfer, Power Plants (coal, nuclear, natural gas, etc.)
Project Activities:
Maintenance Project Size:
2.77 acres County(s):
Washington Watershed(s):
Missouri Tributaries Watershed(s) HUC 8:
Big Papillion-Mosquito Watershed(s) HUC 12:
Moores Creek-Missouri River Biologically Unique Landscape(s):
Missouri River Township/Range and/or Section(s):
T18R12ES21 Latitude/Longitude:
41.521629 / -96.076800 Contact Information Organization:
Olsson Contact Name:
Kris Davenport Contact Phone:
402-970-2305 Contact Email:
kdavenport@olsson.com Contact Address:
2111 South 67th Street Omaha NE 68106 Prepared By:
Submitted On Behalf Of:
Project Description Removal of the intake structure and turbine building.
Page 1 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM Introduction The Nebraska Game and Parks Commission (Commission) and the U.S. Fish and Wildlife Service (Service) have special concerns for endangered and threatened species, migratory birds, and other fish and wildlife and their habitats.
Habitats frequently used by fish and wildlife species are wetlands, streams, riparian areas, woodlands, and grasslands.
Special attention is given to proposed projects which modify wetlands, alter streams, result in loss of riparian habitat, convert/remove grasslands, or contaminate habitats. When this occurs, the Commission and Service recommend ways to avoid, minimize, or compensate for adverse effects to fish and wildlife and their habitats.
CONSULTATION PURSUANT TO THE NEBRASKA NONGAME AND ENDANGERED SPECIES CONSERVATION ACT (NESCA)
The Commission has responsibility for protecting state-listed endangered and threatened species under authority of the Nongame and Endangered Species Conservation Act (NESCA) (Neb. Rev. Stat. §37-801 to 37-811). Pursuant to §37-807 (3) of NESCA, all state agencies shall, in consultation with the Commission, ensure projects they authorize (i.e.,
issue a permit for), fund or carry out do not jeopardize the continued existence of state-listed endangered or threatened species or result in the destruction or modification of habitat of such species which is determined by the Commission to be critical. If a proposed project may affect state-listed species or designated critical habitat, further consultation with the Commission is required.
Informal consultation pursuant to NESCA can be completed by using the Conservation and Environmental Review Tool (CERT). The CERT analyzes the project type and location, and based on the analysis, provides information about potential impacts to listed species, habitat questions and/or conservation conditions.
If project proponents agree to implement conservation conditions, as outlined in the report and applicable to the project type, then this document serves as documentation of consultation and the following actions can be taken to move forward with the project:
Sign the report in the designated areas.
Upload the signed PDF as part of their "final" project submittal.
By agreeing to and implementing the conservation conditions as outlined (if applicable), then further consultation with the Commission is not required.
If the report indicates the project may have impacts on state-listed species, then the following actions must be taken:
Project proponent is required to contact and consult with the Commission. Contact information can be found within this document.
TECHNICAL ASSISTANCE AND CONSULTATION PURSUANT TO THE ENDANGERED SPECIES ACT (ESA)
The Service has responsibility for conservation and management of fish and wildlife resources for the benefit of the American public under the following authorities: 1) Endangered Species Act of 1973 (ESA); 2) Fish and Wildlife Coordination Act; 3) Bald and Golden Eagle Protection Act; and 4) Migratory Bird Treaty Act. The National Environmental Policy Act (NEPA) requires compliance with all of these statutes and regulations.
Pursuant to section 7(a)(2) of ESA, every federal agency, shall in consultation with the Service, ensure that an action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat.
If a proposed project may affect federally listed species or designated critical habitat, Section 7 consultation is required with the Service. It is the responsibility of the lead federal action agency to fully evaluate all potential effects (direct and indirect) that may occur to federally listed species and critical habitat in the action area. The lead federal agency provides their effect determination to the Service for concurrence. If federally listed species and/or designated/proposed critical habitat would be adversely affected by implementation of the project, the lead federal agency will need to formally request further section 7 consultation with the Service prior to making any irretrievable or Page 2 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM irreversible commitment of federal funds (section 7(d) of ESA), or issuing any federal permits or licenses.
The information generated in this report DOES NOT satisfy consultation obligations between the lead federal agency and the Service pursuant to ESA. For the purposes of ESA, the information in this report should be considered as TECHNICAL ASSISTANCE, and does not serve as the Service's concurrence letter, even if the user signs and agrees to implement conservation conditions in order to satisfy the consultation requirements of NESCA.
Overall Results The following result is based on a detailed analysis of your project.
More information needed - refer to the following sections. Answer the habitat question(s) in the section below.
Additional consultation with the Nebraska Game and Parks Commission and/or the U.S. Fish and Wildlife Service may or may not be required. Refer to the "Conservation Conditions Agreement" section for additional information.
Questions and Conservation Conditions Lake Sturgeon, Pallid Sturgeon, Sturgeon Chub This project is within or near the modeled distribution of the state-listed threatened lake sturgeon (Acipenser fulvescens), the state and federally listed endangered pallid sturgeon (Scaphirhynchus albus) and the state-listed endangered sturgeon chub (Macrhybopsis gelida).
The following conservation measures must be implemented in order to avoid adverse impacts on lake sturgeon, pallid sturgeon and/or sturgeon chub:
LS, PS, & SC CM-80.2:
a) Work will not occur in the river, stream or connected backwater areas. (Boat docks and ramps can be installed from August 1 to January 31.)
b) The project or activity will not impact water quality or flows, including out-of-channel high bank flows.
c) Avoid and minimize sedimentation from upland soil disturbances.
d) Bridge deck debris will be captured and/or contained to prevent material from entering the wet or dry channel, streambed or riverbed. (Only applies to bridge work.)
e) Water and spoil will not be discharged directly into the channel from February 1 - July 31.
Page 3 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM Conservation Measures Agreement Based on the information contained in the report, follow the instructions for A, B or C below.
A) IF one or more of the habitat questions were answered with "Yes", insert an "X" for one of the two options below:
_____ Option 1. For all species for which there is habitat present (as indicated by checking "yes" to a habitat question)
I understand and agree to implement and/or incorporate the conservation measures for those species as indicated. By agreeing to implement and/or incorporate the conservation measures for those species as indicated, no further consultation with the Nebraska Game and Parks Commission is required. However, further consultation between the lead federal agency and the U.S. Fish and Wildlife Service (Service) may be required. Contact the Service for additional information. Sign and date on the line below, and also sign and date the "Certification" section. Submit a copy of the signed report with any type of permit/application required for the project.
Applicant/project proponent signature Date
_____ Option 2. I have concerns regarding one or more of the conservation measures. Sign the "Certification" section below. When submitting the project as "Final" in CERT, please attach a separate document explaining your concerns with the conservation measures and why they cannot be implemented. Then, contact the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service for further information.
B) IF one or more habitat questions were answered with "Unknown," then sign the "Certification" section below, submit the project as "Final" in CERT, and contact the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service for further information.
C) IF ALL the habitat questions were answered "No" or if the "Overall Results" section indicated the project was unlikely to impact listed species, then sign the "Certification" section below and submit the project as "Final" in CERT.
No further consultation with the Nebraska Game and Parks Commission is required. Additional coordination with the U.S. Fish and Wildlife Service may be necessary depending on the determination made by the lead federal agency pursuant to their obligations under ESA. Submit a copy of the signed report with any type of permit/application needed for the project.
Certification I certify that ALL of the project information in this report (including project location, project size/configuration, project type, project activities, answers to questions) is true, accurate, and complete. If the project type, activities, location, size, or configuration of the project change, or if any of the answers to any questions asked in this report change, then this information is no longer valid and we recommend running the revised project through CERT to get an updated report.
Applicant/project proponent signature Date Page 4 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM Additional Considerations Bald and Golden Eagle Protection Act The federal Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668c) provides for the protection of the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos). Under the Eagle Act, take of eagles, their parts, nests or eggs is prohibited. Disturbance resulting in injury to an eagle or a decrease in productivity or nest abandonment by substantially interfering with normal breeding, feeding, or sheltering behavior is a form of take.
Bald eagles use mature, forested riparian areas near rivers, streams, lakes, and wetlands and occur along all the major river systems in Nebraska. The bald eagle southward migration begins as early as October and the wintering period extends from December-March. The golden eagle is found in arid open country with grassland for foraging in western Nebraska and usually near buttes or canyons which serve as nesting sites. Golden eagles are often a permanent resident in the Pine Ridge area of Nebraska. Additionally, many bald and golden eagles nest in Nebraska from mid-February through mid-July. Disturbances within 0.5-miles of an active nest or within line-of-sight of the nest could cause adult eagles to discontinue nest building or to abandon eggs. Both bald and golden eagles frequent river systems in Nebraska during the winter where open water and forested corridors provide feeding, perching, and roosting habitats, respectively. The frequency and duration of eagle use of these habitats in the winter depends upon ice and weather conditions. Human disturbances and loss of wintering habitat can cause undue stress leading to cessation of feeding and failure to meet winter thermoregulatory requirements. These affects can reduce the carrying capacity of preferred wintering habitat and reproductive success for the species.
To comply with the Eagle Act, it is recommended that the project proponent determine if the proposed project would impact bald or golden eagles or their habitats. This can be done by conducting a habitat assessment, surveying nesting habitat for active and inactive nests, and surveying potential winter roosting habitat to determine if it is being used by eagles. The area to be surveyed is dependent on the type of project; however for most projects we recommend surveying the project area and a 1/2 mile buffer around the project area. If it is determined that either species could be affected by the proposed project, the Commission recommends that the project proponent notify the Nebraska Game and Parks Commission as well as the Nebraska Field Office, U.S. Fish and Wildlife Service for recommendations to avoid take of bald and golden eagles.
Migratory Bird Treaty Act and Nebraska Revised Statute §37-540 We recommend the project proponent compliy with the Migratory Bird Treaty Act (16 U.S.C. 703-712: Ch. 128 as amended) (MBTA). The project proponent should also comply with Nebraska Revised Statute §37-540, which prohibits take and destruction of nests or eggs of protected birds (as defined in Nebraska Revised Statute §37-237.01).
Construction activities in grassland, wetland, stream, woodland, and river bank habitats that would result in impacts on birds, their nests or eggs protected under these laws should be avoided. Although the provisions of these laws are applicable year-round, most migratory bird nesting activity in Nebraska occurs during the period of April 1 to July 15.
However, some migratory birds are known to nest outside of the aforementioned primary nesting season period. For example, raptors can be expected to nest in woodland habitats during February 1 through July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from July 15 to September 10. If development in this area is planned to occur during the primary nesting season or at any other time which may result in impacts to birds, their nests or eggs protected under these laws, we request that the project proponent arrange to have a qualified biologist conduct a field survey of the affected habitats to determine the absence or presence of nesting migratory birds. If a field survey identifies the existence of one or more active bird nests that cannot be avoided by the planned construction activities, the Nebraska Game and Parks Commission and the Nebraska Field Office, U.S. Fish and Wildlife Service should be contacted immediately. For more information on avoiding impacts to migratory birds, their nests and eggs, or to report active bird nests that cannot be avoided by planned construction activities, please contact the U.S. Fish and Wildlife Service and/or the Nebraska Game and Parks Commission (contact information within report). Adherence to these guidelines will help avoid unnecessary impacts on migratory birds.
Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Act (FWCA) requires consultation with the U.S. Fish and Wildlife Service (Service) and the State fish and wildlife agency (i.e., Nebraska Game and Parks Commission) for the purpose of preventing loss of and damage to fish and wildlife resources in the planning, implementation, and operation of federal and federaly funded, permitted, or licensed water resource development projects. This statute requires that federal Page 5 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM agencies take into consideration the effect that the water related project would have on fish and wildlife resources, to take action to prevent loss or damage to these resources, and to provide for the development and improvement of these resources. The comments in this letter are provided as technical assistance only and are not the document required of the Secretary of the Interior pursuant to Section 2(b) of FWCA on any required federal environmental review or permit. This technical assistance is valid only for the described conditions and will have to be revised if significant environmental changes or changes in the proposed project take place. In order to determine whether the effects to fish and wildlife resources from the proposed project are being considered under FWCA, the lead federal agency must notify the Service in writing of how the comments and recommendations in this technical assistance letter are being considered into the proposed project.
Section 404 of the Clean Water Act In general, the Nebraska Game and Parks Commission and the U.S. Fish and Wildlife Service have concerns for impacts to wetlands, streams and riparian habitats. We recommend that impacts to wetlands, streams, and associated riparian corridors be avoided and minimized, and that any unavoidable impacts to these habitats be mitigated. If any fill materials will be placed into waterways or wetlands, the U.S. Army Corps of Engineers Regulatory Office in Omaha should be contacted to determine if a 404 permit is needed.
Agency Contact Information Nebraska Game and Parks Commission U.S. Fish and Wildlife Service Shannon Sjolie Melissa Marinovich Nebraska Ecological Services 2200 North 33rd Street 2200 North 33rd Street 9325 South Alda Road Lincoln, NE 68503 Lincoln, NE 68503 Wood River, NE 68883 phone: (402) 471-5423 phone: (402) 471-5422 phone: (308) 382-6468 email: shannon.sjolie@nebraska.gov email:
melissa.marinovich@nebraska.gov email: nebraskaes@fws.gov Jessica Tapp 2200 North 33rd Street Lincoln, NE 68503 phone: (402) 471-5554 email: jessica.tapp@nebraska.gov Page 6 of 12
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System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM Table 1 Protected Areas in Immediate Vicinity of Project (project review area)
This table has no results.
Table 2 Documented Occurrences in Immediate Vicinity of Project (project review area):
Natural communities and special areas Name Other Information SRank GRank Missouri River Biologically Unique Landscape Link to BUL document Table 3 Township-level Documented Occurrences of Species within 1 Mile of Project Review Area Scientific Name Common Name USFWS State SGCN USFS SRank GRank Acipenser fulvescens Lake Sturgeon T
Tier 1 S1 G3G4 Anguilla rostrata American Eel Tier 2 SNR G4 Cycleptus elongatus Blue Sucker Tier 1 S1 G3G4 Cygnus buccinator Trumpeter Swan Tier 2 S
S2 G4 Emydoidea blandingii Blanding's Turtle NC Tier 1 S4 G4 Haliaeetus leucocephalus Bald Eagle Tier 2 S
S3 G5 Hybognathus placitus Plains Minnow Tier 1 S
S2 G4 Lasiurus borealis Eastern Red Bat Tier 1 S3 G3G4 Macrhybopsis gelida Sturgeon Chub E
Tier 1 S
S1 G3 Macrhybopsis meeki Sicklefin Chub Tier 1 S1 G3 Macrhybopsis storeriana Silver Chub Tier 2 S2 G5 Polyodon spathula Paddlefish Tier 2 S2 G4 Scaphirhynchus albus Pallid Sturgeon E
E Tier 1 S1 G2 Senna marilandica Southern Wild Senna Tier 2 S1S3 G5 Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area):
Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Acipenser fulvescens Lake Sturgeon Model T
Tier 1 S1 G3G4 Ammodramus henslowii Henslow's Sparrow Range Tier 1 S1 G4 Page 10 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area):
Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Asio flammeus Short-eared Owl Range Tier 1 S
S2 G5 Atrytone arogos iowa Iowa Skipper Range Tier 1 S1 G2G3T2T3 Boloria selene nebraskensis Nebraska Fritillary Range Tier 1 SNR G5T3T4 Calidris subruficollis Buff-breasted Sandpiper Range Tier 1 S2N G4 Catocala nuptialis Married Underwing Range Tier 1 SNR G3 Catocala whitneyi Whitney Underwing Range Tier 1 S1 G2G3 Coccyzus erythropthalmus Black-billed Cuckoo Range Tier 1 S3 G5 Cycleptus elongatus Blue Sucker Range Tier 1 S1 G3G4 Danaus plexippus Monarch Range Tier 1 S
S2 G4 Emydoidea blandingii Blanding's Turtle Range NC Tier 1 S4 G4 Erynnis martialis Mottled Duskywing Range Tier 1 S2 G3 Euphyes bimacula illinois Two-spotted Skipper Range Tier 1 S3 G4T1T2 Euphyes conspicua buchholzi Bucholz Black Dash Range Tier 1 S1 G4G5T1 Fundulus sciadicus Plains Topminnow Range Tier 1 S
S3 G4 Haliaeetus leucocephalus Bald Eagle Range Tier 2 S
S3 G5 Hesperia ottoe Ottoe Skipper Range Tier 1 S
S2 G3 Hybognathus argyritis Western Silvery Minnow Range Tier 1 S2 G4 Hybognathus placitus Plains Minnow Range Tier 1 S
S2 G4 Hylocichla mustelina Wood Thrush Range Tier 1 S3 G4 Lanius ludovicianus Loggerhead Shrike Range Tier 1 S
S3 G4 Lasionycteris noctivagans Silver-haired Bat Range Tier 1 S3 G3G4 Lasiurus borealis Eastern Red Bat Range Tier 1 S3 G3G4 Lasiurus cinereus Hoary Bat Range Tier 1 S
S3 G3G4 Lethe eurydice fumosus Smoky-eyed Brown Range Tier 1 S3 G5T3T4 Macrhybopsis gelida Sturgeon Chub Model E
Tier 1 S
S1 G3 Macrhybopsis meeki Sicklefin Chub Model Tier 1 S1 G3 Myotis lucifugus Little Brown Myotis Range Tier 1 SNR G3 Myotis septentrionalis Northern Long-eared Myotis Range T
T Tier 1 S1S2 G1G2 Page 11 of 12
System Project ID: NE-CERT-003693 Report Generation Date: 2/11/2021 02:37:02 PM Table 4 Potential Occurrences in Immediate Vicinity of Project (project review area):
Special status species (Tier 1 at-risk species and Bald and Golden Eagle), based on models or range maps Scientific Name Common Name Data Type USFWS State SGCN USFS SRank GRank Panax quinquefolius American Ginseng Model T
Tier 1 S1 G3G4 Perimyotis subflavus Tricolored Bat Range Tier 1 S3 G2G3 Platygobio gracilis Flathead Chub Range Tier 1 S
S2 G5 Scaphirhynchus albus Pallid Sturgeon Model E
E Tier 1 S1 G2 Speyeria idalia Regal Fritillary Range Tier 1 S
S3 G3?
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