Fish and Wildlife Service memo reversing prior US Government position regarding threat posed to the endangered Yuma Ridgway's Rail by large-scale solar projects.
Fish and Wildlife Service memo reversing prior US Government position regarding threat posed to the endangered Yuma Ridgway's Rail by large-scale solar projects.
Fish and Wildlife Service memo reversing prior US Government position regarding threat posed to the endangered Yuma Ridgway's Rail by large-scale solar projects.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Southern Nevada Fish and Wildlife Office
4701 North Torrey Pines Drive
‘Las Vegas, Nevada 89130
IN REPLY REFER TO:
(O8ENVS00.2014-TA.0022
February 5, 2018
Dave Sterner
Senior Manager, Siting and Permitting
135 Main Street, 6th Floor
San Francisco, California 94105
Subject: Recommendations related to the proposed Sunshine Valley Solar photovoltaic
electric facility in Amargosa Valley, Nye County, Nevada
Dear Mr. Sterner:
This letter transmits the U.S, Fish and Wildlife Service’s (Service) latest recommendations
regarding impacts of the proposed Sunshine Valley Solar photovoltaic (PV) facility on the Yuma
Ridgeway’s rail (Rallus longirostris yumanensis; formerly Yuma clapper rail), a species listed as
endangered under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
sseq.). The proposed project would consist of a 110-megawatt alternating current solar PV electric
generating facility occurring on approximately 745 acres of private lands and would include a
0.5 mile long, 138-kilovolt generation-tie line also occurring on private lands, in the Amargosa
Valley, Nye County, Nevada.
‘We had previously provided recommendations to you on this project by letter dated July 11,
2014, in which we recommended that you apply for an incidental take permit, pursuant to section
10(a)(1)(B) of the Act, because of the potential for take of individuals of Yuma Ridgeway’s rail.
Our letter was based on our knowledge and assumptions at the time; specifically, we were aware
of the mortality of two Yuma Ridgeway’s rails at PV projects in southern California and of the
presence of individuals of this species at Ash Meadows National Wildlife Refuge (Refuge),
which is approximately 8 miles southeast of the project site. Since that time, we have continued
to collect information regarding the mortality of listed migratory birds at solar facilities and their
associated generator tie-in lines; we have also attempted to analyze the effects of specific
renewable energy facilities on listed bird species.
The information we have collected to date indicates that individuals of listed migratory birds
have indeed died as a result of interactions with solar facilities. However, when we attempted to
evaluate the risk of collision at specific renewable energy projects, we determined that the risk to
individuals of listed migratory birds, including the Yuma Ridgeway’s rail was unquantifiably
low and therefore discountable. We will continue to evaluate this risk on a case-by-case basis
and to provide site-specific recommendations to Federal agencies regarding consultationDave Sterner (0BENVS00-2014-TA-0022) 2
pursuant to section 7(a)(2) of the Act and to non-Federal entities regarding applying for
incidental take permits.
Although the Sunshine Valley Solar PV facility would be built near occupied Yuma Ridgeway’s
rail habitat at Ash Meadows National Wildlife Refuge, we nevertheless consider the risk of
‘mortality of Yuma Ridgeway’s rail posed by the project to be unquantifiably low and therefore
discountable. Therefore, based on the information that is available to us at this time, we do not
recommend that you apply for an incidental take permit for the proposed action.
During our discussions, you indicated that First Solar was interested in making positive
contributions to our knowledge of the movements of Yuma Ridgeway’s rails and their overall
conservation. To this end, we have jointly developed the following conservation actions that
First Solar has voluntarily proposed to implement. We appreciate your willingness to implement
these actions.
Measure 1. Yuma Ridgeway’s Rail Habitat Enhancement and Maintenance (Prescribed
burning). This measure is based on the assumption that prescribed burning temporarily reduces
density of vegetation thus increasing habitat quality (including breeding habitat) for Yuma
Ridgeway’ rails. In June, 2017, First Solar and a biologist from WEST Inc. met biologists from
the Desert National Wildlife Refuge and Southern Nevada Fish and Wildlife Office to discuss
potential habitat improvement measures. As a result, a rotational approach to prescribed burning
over a 30-year period was developed. Three habitat units were identified within the Refuge as
targets because they are currently occupied by rails or have potential as rail habitat. A different
unit would be burned every two years. This would provide a six-year burning cycle for each unit
(ie., each unit would be burned 5 times over a 30-year period). The prescribed burning activities
would be funded by First Solar and managed by the Refuge.
Measure 2. Provide Funds for Yuma Ridgeway’s Rail Telemetry Research. Dr. Courtney
‘Conway, avian researcher at the University of Idaho, is in the final year of a three-year study on
‘Yuma Ridgway's rail dispersal patterns funded by the Service and the Bureau of Land
Management. Study methods involve capturing rails and attaching satellite transmitters, and then
using relocation records to discern patterns in the dispersal movements and behavior of the rails.
As part of this measure, First Solar proposes to provide a financial contribution in support of Dr.
Conway's research. This money will ideally be used to increase the research capacity of the third
year of Dr. Conway’s rail dispersal study in 2018, logistics and timing considerations permitting,
‘Alternatively, the money will be used to fund a fourth year of the rail dispersal study in 2019.
Study sites for 2018 and/or 2019 are to be determined based on funding availability, the
particulars of Dr. Conway's pending permit renewal from the Service, and research priorities.
Under any scenario, First Solar’s contribution will be aimed at supporting the ability of Dr.
Conway's study to provide valuable data for management of the Yuma Ridgway’s rail.
Our staff is currently working on a large-scale strategy to address the issue of the mortality of
listed migratory birds at renewable energy facilities in a way that would provide a reasonable and
prudent approach for applicants to obtain incidental take permits or exemptions to the
prohibitions against take. I look forward to engaging you in this conversation in the near future.Dave Sterner (OBENVS00-2014-TA-0022)
Again, we appreciate your willingness to engage in these discussions with us and to undertake
actions to conserve the Yuma Ridgeway’s rail. If you have any questions regarding this matter,
please contact me at 702-515-5244.
Sincerely,
MO. Kamrber—
Glen W. Knowles
Field Supervisor