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t": " IV -\ '-"-, -. ) ~ ~ · ...-., -) ~ (JJ\... \AA ) ~,*' 9 0 L..C 1 u, z ~ l. UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Project No. 1835-194 2 NPPD would file an annual monitoring report with the Commission. The report would describe those actions NPPD took, and their costs, under the plan each year. Nebraska Public Power District Project No. 1835-194 CONSULTATION ORDER MODIFYING AND APPROVING LEAST TERN AND PIPING PLOVER HABITAT MANAGEMENT PLAN (Issued: March 30, 2000) Article 404 requires NPPD to consult with the U.S. Fish and Wildlife Service (FWS) and the Nebraska Game and Parks Commission (NGPC). NPPD submitted its draft plan to each agency for comment. Both agencies approved the plan by letters dated July 16 and June 23, 1999, respectively. DISCUSSION On July 29, 1999, Nebraska Public Power District (NPPO), licensee for the North PlattelKeystone Diversion Dam Project, filed a least tern and piping plover habitat management plan pursuant to article 404. NPPD supplemented its plan with a filing on March 6, 2000. The North PlattelKeystone Diversion Darn Project is located on the North and South Platte Rivers in Keith and Lincoln Counties, Nebraska. Commission staff reviewed NPPD's least tern and piping plover habitat maintenance plan. The plan relies on NPPO's use of adaptive management procedures to maximize each site's value for these two species. The plan should ensure that .Ieast t.ern and piping plover nesting habitat is maintained as required by article 404. Commission staff will make only one modification to set a due date for NPPD's annual monitoring report. No due date was established in the plan. With this one modification; .the plan is acceptable and should be approved. APPLICATION Article 404 requires NPPD to file a plan to manage six nesting sites used by least terns and piping plovers which NPPD managed prior to obtaining its license from the Commission on July 29, 1998.1 The plan must describe those management activities NPPD would employ to maintain the sites and the rights.NPPD has acquired either by purchase, lease or easement enabling it to implement the plan. The Director orders: (A) Nebraska Public Power District's (NPPO) least tern and piping plover habitat maintenance plan filed July 29, 1999 and supplemented March 6, 2000 is approved as modified in paragraph (B) below. NPPD plans to continue managing its original six sites which include three sandpits (Johnson, Blue Hole and Lexington) and three islands (Elm Creek, Overton and Lexington) all located on or near the central Platte River between the cites of Lexington and Odessa, Nebraska. NPPD owns fee title to three of these sites: Elm Creek Island, Blue Hole sandpit and Lexington sandpit. Lexington Island, Overton Island and Johnson sandpit have been retained via long-tenn leases. (B) NPPO shall file its annual monitoring report as described in its plan by April 27 each year. The Commission reserves the right to require changes to NPPO's least tern and piping plower habitat maintenance plan. o o o ~ <;;;::> f"I.:) NPPD would maintain each site's value for least terns and piping plovers by controlling the growth of vegetation on nesting and buffer areas; installing fences to control predators; posting signs to control human access; and by monitoring the birds nesting success as required by its approved monitoring plan under article 405.2 Finally, (C) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days from the date of issuance of this order, pursuant to 18 CFR ~ 385.713. )'.f---.- // ..j;;' I. .: /.. i . / I / I / . 84 FERC 1161,078 I '.. Fred E. Springer, Director Division of Hydropower Administration and Compliance Order Approving Joint Wildlife Monitoring Plan for Project No. 1835 and Project No. 1417 issued May 21, 1999 at 87 FERC,. 62,204. 2