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2009 Environmental Updates
Photo: Southern Company
Lori Nielsen
EDM International, Inc.
4001 Automation Way
Fort Collins, CO 80525
(970) 204-4001
[email protected]
 2009 EDM International, Inc. All Rights Reserved.
Colorado Rural Electric Association
Loss Control Seminar
July 14-15, 2009
What is New…
Environmentally and Politically
Environmental Updates
U.S. Fish and Wildlife Service Permits
Historically: Special Purpose Miscellaneous Permit
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Upcoming Options:
 Special Purpose Relocate Permit (i.e., nest relocation)
 Special Purpose Utility Permit (i.e., TBD)
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Currently both under Special Purpose Miscellaneous
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Stay tuned….
Environmental Issue
Endangered Species Act (ESA)
Photo: USGS
Environmental Updates
Federal Consultation Process – Section 7
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“Section 7” review under the ESA = federal nexus
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Federal lands
Federal money (e.g., RUS loan)
Federal interconnection (e.g., Western Area Power Admin)
In the “old days”….(>30 years) Section 7 consultation completed
between USFWS and federal lead agency (e.g., RUS, BLM, USFS)
December 16, 2008 - Bush administration modified Section 7
New regulations allowed federal agencies to determine own
project effects
March 2009: Obama directed Secretaries of Interior and
Commerce (Salazar and Locke) to review Section 7 reversal
Environmental Updates
Federal Consultation Process – Section 7
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2009 Omnibus Appropriations Act - Congress authorized Secretaries to
revoke regulation
Both Departments assessed whether improvements to ESA process
were warranted
May 4, 2009 – Final Rule: Section 7 interagency consultation was
reinstated
Federal Register Rule solicited public comments on ESA
First time in history of ESA…
Comments due August 3, 2009
EDM emails: June 2 – June 8
http://www.epa.gov/fedrgstr/EPA-SPECIES/2009/May/Day-04/e10203.htm
http://edocket.access.gpo.gov/2009/pdf/E9-10203.pdf
Environmental Updates
Polar Bear Special Rule to Remain in Effect
Photo: Steve Hillebrand - USFWS
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Would Omnibus Bill rescind “Polar Bear
Special Rule” exempting global warming
from threats federal government must
consider w/ESA?
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July 8 – DOI Secretary Salazar
announced Special Rule would remain
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Stated ESA not correct vehicle to regulate
greenhouse gas emissions
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Used example of power generation in
Colorado/New Mexico
Environmental Updates
Polar Bear Special Rule to Remain in Effect
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Legislative action stated as the
preferred option
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H.R. 2998 - American Clean
Energy and Security Act (ACES)
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Waxman-Markey bill is the only
legislation currently on the table
Environmental Updates
American Pika
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Mountain species (rabbit family)
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May 6, 2009 – 90-Day Finding =
Full status review launched by
USFWS
Response from “intent to sue”
Declining due to climate change?
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Finding initiates thorough review
July 7, 2009 – comments accepted
for scientific information
Status finding due February 1, 2010
Environmental Updates
Preble’s Meadow Jumping Mouse
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June 2008 - USFWS
delisted in WY; still federally
threatened in CO
Reason: urban
encroachment in CO
June 23, 2009 – five
environmental orgs filed suit
against USFWS to reinstate
federal listing in WY
Environmental Updates
Greater Sage-Grouse
Federal Listing Decision - Review
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Dec 4, 2007: U.S. District Court
ordered USFWS to re-consider
federal listing
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Feb 27, 2008: USFWS re-initiated
federal review
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Jun 27, 2008: Public comment
period ended
Photo: CDOW
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Dec 2008: USFWS decision
expected
Photo: CDOW
Environmental Updates
Greater Sage-Grouse
Federal Listing Decision - Update
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USFWS: Insufficient data
May 2009: Delayed listing decision
February 2010: Expected decision
If listing warranted – min.12 months
States continuing work on
Conservation Plans to avoid listing
Environmental Updates
Gunnison Sage-Grouse
Federal Listing Decision - Update
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Has been Candidate for federal listing, but
not warranted to date
March 2009 – USFWS reinitiated federal
listing review
Continued fallout over DOI – Julie
MacDonald Congressional review
Colorado Rangewide Plan
http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/Birds/GunnisonConsPlan.htm
Environmental Updates
Gunnison Sage-Grouse – Example Working Group
San Miguel Basin Working Group – Conservation Plan
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Population numbers continue to decline
Draft Conservation Plan
EDM compiled and submitted comments
Concerns with wording
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“Undergrounding lines”
“Use of perch discouragers along miles of line”
Attended April 2009 meeting, as did SMPA
Dialog re: types of lines, locations, issues, other constraints
Decision to review, revise, and rethink
Environmental Updates
Wind Energy
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Wyoming wind siting restrictions re: sagegrouse
Development of National –
American Wind Wildlife Institute
 7 environmental groups and 13 wind
companies
Environmental Updates
Lesser Prairie-Chicken
State Management Plan
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State Threatened: only 300
breeding birds in Colorado
Current plan developed 1992
CDOW updating
First public comment period:
September 1, 2009
Environmental Updates
Gray Wolf
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March 2009: decision to
federally delist in ID, MT, WA,
OR, UT
Species still endangered in CO
and WY
CDOW Draft Wolf Management
Plan
Documented two coming into
Colorado (maybe more)
Mountain cooperatives minimal issues
Environmental Updates
Canada Lynx
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February 25, 2009: Final Rule
critical habitat designation
Colorado excluded
Southern Rocky Mountains –
uncertain whether sustaining
population will become
established
Colorado is not essential to
lynx
Environmental Updates
Black-Tailed Prairie Dog
Federal Listing Decision – Review
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Lawsuit = USFWS review
December 2008: 90-Day Finding
February 2, 2009: comments due
USFWS conducting review to
determine if federal listing is warranted
December 2009: review results to be
released
Environmental Updates
White-Tailed Prairie Dog
Federal Listing Decision - Review
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May 2008: USFWS reinitiated federal
listing review
July 2008: comment period ended
Initiated 12-month review for possible
listing
June 1, 2010: review completion date
to allow sufficient analysis
Environmental Updates
Gunnison’s Prairie Dog
Federal Listing Decision – Review
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February 2008: 12-Month Finding
Issued
Result: mountain (montane)
populations are “warranted but
precluded”
Prairie areas not warranted
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No listing pending at this time
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Photo: Lisa Lynch - NPS
Gunnison’s Prairie Dog
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Gunnison
South Park
San Luis Valley
Southeast
Utilities Affected
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Intermountain REA
Sangre de Cristo EA
San Luis Valley REC
Gunnison County EA
Delta-Montrose EA
(edge)
San Miguel Power
(edge)
Tri-State G&T
Environmental Updates
CDOW Gunnison's and
White-tailed Prairie Dog
Conservation Strategy
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September 2008: Draft Plan
January 2009: EDM submitted
comments to CDOW
July 10, 2009: revised final
draft released for review
August 10: comments due
September 15: Final Strategy
October 6: signature
Intent: minimize federal listing
Photo: Lisa Lynch - NPS
http://wildlife.state.co.us/WildlifeSpecies/GunnisonsWhitetailPrairieDogConsStrategy.htm
Environmental Updates
CDOW Gunnison's and White-tailed Prairie Dog
Conservation Strategy
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Preliminary Draft Plan: measures for:
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Line design
Utility corridor placement
Perch deterrent installation
Wind development
Revised Draft Strategy: “The issue…for utility corridors was
removed from the plan. We felt that since predation was not
identified as an issue we did not need strategies to address it.”
Committed to continued communications with utilities renewables
http://wildlife.state.co.us/NR/rdonlyres/E49FAA5E-FACE-4513-9B1A-1C51573AB220/0/IssuesandStrategies_comments.xls
Environmental Updates
Northern Leopard Frog
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NEW
Statewide in mountains and
lowlands; scarce or absent in
most of southeastern Colorado
July 1: USFWS 90-day finding
Federal listing may be
warranted
August 1: comments due
June 2010: 12-month finding
Utility Issues: minimal
Environmental Issue
Migratory Bird Treaty Act (MBTA)
Bald and Golden Eagle Protection Act (BGEPA)
Oil and Gas Development
Convenient Perches
Concentrated Prey Base
Prairie Dog Colony
Infrastructure = Refuge for Prey
Both:
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Oil and gas
companies with
Primary Meter
Entrances (PMEs)
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Utilities servicing
active oil/gas fields
Environmental Updates
Oil and Gas Development
2008 – Public Record - Review
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Yates Petroleum & XTO Energy
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Less than dozen bird fatalities,
including golden eagles
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Total $30,000 fines/restitution
Avian Protection Plan (APP)
development
Approaching or exceeding $1million
retrofitting lines
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Environmental Updates
Oil and Gas Development & Electric Utilities - New
2009 – Federal Scrutiny
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~6 entities in northern Wyoming
(energy companies & utilities)
~4 Department of Justice is
involved
1991 to Date: >1,000 golden
eagles in Wyoming
Expanding beyond the western
U.S.
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Midwestern utilities
East coast utilities
Environmental Updates
Oil and Gas Development & Electric Utilities
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In some cases
existing APPs
were found to be
inadequate.
Environmental Updates
PacifiCorp
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Rocky Mountain Power - Wyoming
Member of APLIC; historically proactive
Has had APP for years
2007 to Date - 2 ½ years
Bird Fatalities – Wyoming only:
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232 eagles
46 hawks
59 owls
~200 other bird species
Photo: Dominic Domenici-USFWS
Environmental Updates
PacifiCorp – Rocky Mountain Power
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Pleaded guilty to all 34
counts
Violations of MBTA
$510,000 fine
$900,000 restitution for
conservation and research
5-year probation period
$9.1 million in retrofits
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Total = $10.5 million
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Photo: Dominic Domenici-USFWS
Environmental Updates
Take Home Message
Special Agent Eicher:
“Kill-a-bird, fix-a-pole is not
going to cut it.”
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In other words: a reactive
approach to bird fatalities
on power lines will not be
sufficient anymore.
Significant…But Now:
 More options
 Better tools
 Improved communication
Environmental Updates
USFWS Notified Colorado Utilities
Bird Fatality Reporting – USFWS Web Form
https://birdreport.fws.gov/
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Frequently asked questions:
https://birdreport.fws.gov/BirdReportFAQs.cfm
USFWS website for reporting
bird fatalities on system
Requests CO utilities set up an
account
System notifies applicable
USFWS agent automatically
Reporting is voluntary
Environmental Updates
USFWS Notified Colorado Utilities
Bird Fatality Reporting – USFWS Web Form
https://birdreport.fws.gov/
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Concern on self-reporting
FOIA requests
D.C. Position: FOIA exemptions to protect
confidentiality
Trends over time show good-faith effort
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East of Continental Divide
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West of Continental Divide
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Frequently asked questions:
SA Dan Coil – Denver
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https://birdreport.fws.gov/BirdReportFAQs.cfm
SA Kevin Ellis – Grand Junction
SA Andrey Guidera – West Slope
Avian Protection Plan Updates
Colorado Utilities
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Still ahead of the curve
Geoff Hier – CREA distributed
survey on APP use
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What is working and not working
12 of 22 cooperatives responded
Must be a dynamic document
(particularly to solve problems)
Many options
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Tri-State completing APP
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Not so much the $$
Intent, communications, willingness
Proactive problem solving
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Some co-ops updating APPs
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Changes
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Quarterly Newsletters
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Regulatory changes and
environmental information
that may affect Colorado
utilities
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Cancelled for now
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With economic conditions, we
are focusing on daily/weekly
notices and assisting utilities.
BSI Update - 2009
Bird Strike
Indicator
North Dakota: Western, USFWS – Fall 2009
Platte River: USFWS, Univ Nebraska, EPRI
Thank You!
 2009 EDM International, Inc. All Rights Reserved.
Photo: Kurt Halverson