Table 4.3-1. Cost of Environmental Mitigation and Enhancement Measures Considered in Assessing the Environmental Effects of Continuing to Operate the Seminoe Pumped Storage Project

Final License Application – Exhibit E Seminoe Pumped Storage Project

Table 4.3-1. Cost of Environmental Mitigation and Enhancement Measures Considered in Assessing the Environmental Effects of Continuing to Operate the Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

1. Erosion and Sediment Control Plan: Black Canyon proposes to develop and implement an Erosion and Sediment Control Plan to address erosion associated with Project construction. The Erosion and Sediment Control Plan will include:

• The use of Best Management Practices (BMPs) recommended by the State of Wyoming, to specify erosion control measures to help minimize potential adverse impacts. • NPDES permitting for construction activities, as required by Wyoming

State law and the Federal CWA. • Specific actions to be implemented during Project construction and operation to minimize the potential for generating windblown dust from Project activities and to control fugitive dust. • Actions to address earthworks in soils that are highly erodible. Black Canyon, Staff, Wyoming DEQ $200,000 $20,000

2. Stormwater Pollution Prevention Plan (SWPPP): Prior to the commencement of construction, Black Canyon proposes to prepare and implement a SWPPP. The SWPPP is anticipated to prevent erosion, scouring, and general water quality degradation during Project construction. The SWPPP will include:

• Description of potential storm water discharges from support activities related to Project construction such as equipment staging areas, material storage areas, and access roads. • Description of existing vegetation across the portion of the site to be disturbed. • Discussion of other potential pollutions sources (e.g., vehicle fueling, equipment maintenance). Black Canyon, Staff, Wyoming DEQ $50,000 $5,000

January 2023 | 400

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

• The drainage or water body that may receive a storm discharge from

Project construction activities. • Site maps that detail where BMPs will be installed in each major stage of construction, including placement and timing. • Discussion of BMPs, including those related to erosion prevention, sediment control, temporary and permanent stabilization measures, construction site dewatering, good housekeeping, bulk storage of petroleum products, concrete waste, employee training, maintenance schedule, and inspection schedule.

3. Hazardous Substances Spill Prevention and Cleanup Plan: Black Canyon proposes to develop and implement a Hazardous Substances Spill Prevention and Cleanup Plan to address potential issues resulting from spills of hazardous substances or fuels during construction, operation, or maintenance. The Hazardous Substances Spill Prevention and Cleanup Plan will:

• Specify materials handling procedures and storage requirements. • Identify spill notification and cleanup procedures for areas in which spills may occur. • Identify inventory, storage, and handling methods for hazardous materials. • Develop employee training procedures to help minimize accidental pollutant releases which could contaminate surface or groundwater or stormwater runoff. Black Canyon, Staff $45,000 $20,000

January 2023 | 401

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures

4. Pre- and Post-Construction Stream Flow Monitoring: Black Canyon proposes to conduct pre-construction and post-construction monitoring of water flow in Number One Gulch, Number Two Gulch, and Dry Lake Creek. In the event that reduced streamflows are identified post-construction, Black Canyon will work with the BLM and other agencies (as applicable) to identify mitigation measures.

5. Transmission Line Design: During final design, Black Canyon will complete designs of transmission facilities (including locations of transmission towers and access roads) in a manner that minimizes surface disturbing activity in identified 100-year floodplains, areas within 500 feet of perennial waters and wetland/riparian areas, and areas within 100 feet from the inner gorge of ephemeral channels, as specified in the BLM Rawlins Field Office RMP. If transmission structures cannot be located outside the buffers, Black Canyon will consult with BLM on steps to identify reasonable mitigation measures to minimize adverse impacts to water features.

6. Fish Exclusion Measures: Black Canyon proposes to install and maintain fish exclusion bar racks at the lower reservoir inlet/outlet to reduce fish entrainment.

7. AIS Plan: Black Canyon will develop and implement an AIS Construction Monitoring and Decontamination Plan (AIS Plan) specific to Seminoe Reservoir. The AIS Plan will:

• Include measures for monitoring and decontaminating construction equipment used in areas below the ordinary high-water line of water bodies.

Entities Capital (2022$) Annual Cost (2022$)

Black Canyon, Staff $20,000 $0

Black Canyon, Staff, BLM $01 $01

Black Canyon, Staff $400,000 $10,000

Black Canyon, Staff, BLM, WGFD $50,000 $10,000

January 2023 | 402

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

• Be developed in consultation with BLM and WGFD following license issuance and during development of final construction plans.

8. Habitat Restoration, Reclamation, and Enhancement Plan: Black Canyon will develop and implement a Habitat Revegetation, Restoration, and Enhancement Plan to identify measures that could be reasonably implemented for management, avoidance, and mitigation of potential habitat and associated vegetation losses during construction and operation of the Project. The Habitat Revegetation, Restoration, and Enhancement Plan will:

• Identify specific measures to be taken to restore vegetation disturbed by Project-related construction activities. • Describe revegetation efforts to prevent soil erosion and the spread of weeds, maintain or restore existing native plant communities and wildlife habitat, and integrate site features with the surrounding environment. • Specify native seed mixes which will include milkweed (Asclepias spp.) species, as appropriate. • Identify restoration measures for Project impacts to RTE plant species. • Develop measures specific to protection of Limber Pine. • Address seasonal timing restrictions for vegetation management in areas containing plants used by monarch butterflies to minimize the potential for interference with monarch breeding or sources of nectar used as a food source along the migration route. Black Canyon, Staff $100,000 $20,000

January 2023 | 403

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures

9. Biological Resources Protection Training Program: Black Canyon proposes to develop a biological resources protection training program. The program is intended to help inform construction workers and other Project staff of the sensitive biological (botanical and wildlife) resources in the area.

Entities Capital (2022$) Annual Cost (2022$)

Black Canyon, Staff $50,000 $0

10. Pre-Construction Surveys: Prior to construction, Black Canyon will complete botanical and wildlife surveys and habitat assessments. These surveys will be conducted by trained botanists and biologists in areas that will be disturbed by the Project. Specific pre-construction surveys include:

• At least three consecutive years of surveys for Ute ladies’-tresses; • Areas where milkweed is likely to occur (i.e., wetlands, roadsides, drainages, mesic areas) for suitable monarch butterfly habitat; • Conduct winter roost site surveys for bald eagles within suitable habitat; • Conduct year-of-construction raptor nest surveys throughout the

Project Boundary and a 1-mile buffer, wherever access is obtained.

Raptor nest surveys were conducted in 2021 and the results of those surveys will be used to inform the year-of-construction surveys.

Based on the findings of the surveys, Black Canyon with consult with applicable regulating agencies to identify reasonable avoidance or mitigation measures to reduce adverse impacts. Black Canyon, Staff, BLM $500,000 $0

January 2023 | 404

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

11. Noxious Weed Management Plan: Black Canyon proposes to develop and implement a Noxious Weed Management Plan for construction of the Project. This plan will include measures to reduce the spread or introduction of noxious weed and invasive plant species. The Noxious Weed Management Plan will incorporate restrictions and guidelines for application of pesticides including herbicides, including avoidance of known sensitive plant species. Black Canyon will coordinate with BLM regarding herbicide use on BLM lands. Measures that will be included in the plan include:

• Prevent introduction and establishment by cleaning vehicles and equipment prior to movement to a new location in order to minimize the potential for transporting seeds. • Work with land managers to develop and implement a plan to assess, treat, and monitor noxious weeds and invasive plants at the

Project and in the adjacent landscape where they are present. • Work with the local weed and pest district to implement and fund long-term plans for successful restoration of disturbed sites. Black Canyon, Staff, BLM $100,000 $20,000

12. RTE Plant Management Plan: Black Canyon proposes to develop a RTE Plant Management Plan for Project operation in consultation with applicable agencies. The RTE Plant Management Plan will specify the following for applicable RTE species:

• The local occurrences and habitats; • Disturbance buffers and use restrictions; • Survey and monitoring requirements (if present); • Specific mitigation activities; • Report and consultation requirements. Black Canyon, Staff $40,000 $5,000

January 2023 | 405

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

13. Fire Prevention and Protection Plan: Black Canyon proposes to develop and implement a Fire Prevention and Protection Plan for the Project. The Fire Prevention and Protection Plan will:

• Identify potential fire hazards and prevention measures. • Describe fire prevention during operations and maintenance. • Discuss fire protection systems and proper housekeeping for fire prevention. • Identify applicable fire safety requirements including training programs and equipment maintenance schedules. Black Canyon, Staff $20,000 $8,000

14. Upper Reservoir Wildlife Exclusion: Black Canyon proposes to fence and monitor the upper reservoir to prevent cattle, wild ungulates, and other medium- to large-sized animals from accessing this area. Based on the current Project design, upper reservoir wildlife exclusion measures may include:

• Installing an 8-foot-tall game fence around the base of the upper reservoir and spillway. • A gate, or set of gates, will be installed to have continued safe access and egress to the upper reservoir while maintaining a minimum height of at least 8 feet. • There will be a one-way exit gate, built during construction, to facilitate a safe exit in the event that wildlife were to enter the fencedoff area. • Black Canyon will provide regular maintenance and monitoring to ensure the fencing has not failed. Black Canyon, Staff $150,000 $5,000

January 2023 | 406

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

15. Raptor-Safe Transmission Line Structures: Black Canyon proposes to design raptor-safe transmission line structures (i.e., the transmission line design will comply with Avian Power Line Interaction Committee (APLIC) guidelines: Suggested Practices for Avian Protection on Power Lines, The State of the Art in 2006 [APLIC 2006] and Reducing Avian Collisions with Power Lines: The State of the Art in 2012 [APLIC 2012]) to protect avian species from collision or electrocution as a result of landing or perching on transmission lines. This design may include:

• Installing visibility enhancement devices to reduce the risk of collision on new or existing lines (e.g., marker balls, bird diverters). • Regular maintenance of the transmission line and retrofitting the lines as applicable, which may include covering jumper wires, reframing, or replacing a structure. • Installing perch guards between closely-spaced conductors above arms and conductors to keep raptors from contacting energized parts. • Providing safe alternative locations for perching and nesting. Black Canyon, Staff $1,720,000 $0

16. Greater Sage-grouse Management: Black Canyon proposes to design a transmission line that minimizes adverse impacts to Greater Sage-grouse, including complying with applicable APLIC guidelines in “Best Management Practices for Electric Utilities in Sage-grouse Habitat” (APLIC 2015). Once a final Project design is developed, Black Canyon will submit that Project design to the DDCT to reduce and mitigate Greater Sage-grouse impacts. The proposed Greater Sage-grouse Management may include:

• Installing anti-perch and/or anti-nesting devices to reduce use by predatory birds. Black Canyon, Staff $3,000,000 $10,000

January 2023 | 407

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures

• Identifying methods to reduce collision risk for Greater Sage-grouse and migratory birds. • Limiting construction disturbance and access during breeding season. • Minimizing spacing between existing and proposed transmission lines.

Entities Capital (2022$) Annual Cost (2022$)

17. Post-Construction Surveys: Post to construction, Black Canyon will complete a Greater Sage-grouse lek survey to comply with the Sage-grouse Executive Order 2019-3 (SGEO). These surveys will be conducted by trained scientists in areas that will be disturbed by the Project.

18. Wildlife Seasonal Restrictions: Black Canyon proposes to work closely with BLM to plan for Project construction windows that provide for both wildlife protection and feasible Project construction timelines. This would include developing manageable timing and scheduling restrictions that can accommodate the construction schedule. Black Canyon, Staff $40,000 $5,000

Black Canyon, Staff, BLM $01 $01

19. Traffic Management Plan: Black Canyon will develop and implement a Traffic Management Plan prior to construction. The plan will include:

• Traffic volume (how many trucks/equipment per day during construction and operation). • Which roads are to be used and for which activities. Stress and impacts to wildlife (and recreational users) may vary widely depending on which roads are being used. • Construction traffic will pass over the Seminoe Range and the

Miracle Mile. Black Canyon, Staff $150,000 $20,000

January 2023 | 408

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures

• Plans for winter road maintenance if a year-long schedule is to be kept. • Gravel roads that would need to be upgraded or surfaced. • Whether recreational traffic would be diverted onto the Morgan Creek

Wildlife Habitat Management Area. • The difference between pre-construction traffic counts on affected roads. • The use of the newly proposed access road to the upper reservoir. • Describe the purpose, frequency, timing, and duration (i.e., construction or operation phases) of use of the proposed bridge over the North Platte River, located 1,000 feet downstream of Seminoe

Reservoir to access to the Main Access Tunnel Portal. • Measures to mitigate impacts to wildlife, including Project speed limits to reduce wildlife-vehicle collisions and methods of enforcement. • Manage traffic by implementing a speed limit to reduce wildlife injury due to collisions.

Entities Capital (2022$) Annual Cost (2022$)

20. Biological Construction Monitors: Black Canyon proposes to have biological construction monitors on site during construction to monitor sensitive biological resources, including conducting avian nesting surveys of areas near active construction during nesting season (April 1 to August 31).

21. Raptor Protection Plan: Prior to the onset of ground disturbance at the start of formal construction activities, Black Canyon proposes to prepare and implement a Raptor Protection Plan. The Raptor Protection Plan will include:

• Appropriate seasonal and spatial buffers of active raptor nests and bald eagle roost sites. Black Canyon, Staff $3,100,000 $0

Black Canyon, Staff $40,000 $5,000

January 2023 | 409

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$)

• Raptor-safe guidelines for all new electrical construction. • Employee training to ensure plan compliance.

22. Outdoor Lighting Plan: Black Canyon proposes to develop a Project outdoor lighting plan to incorporate lighting design features that help minimize disturbance to wildlife species during construction and operation of the Project. The outdoor lighting plan will include:

• Designing outdoor lighting to incorporate design and operational features to help to reduce impacts on foraging bats and migrating and nocturnal birds. • Using localized and portable lighting during construction where and when the work is occurring. • Provisions to power lighting equipment by generators that will have switches to cut power when lighting is not required during construction. • The use of minimal exterior lighting that will consist of safety lighting.

For all safety lighting, Black Canyon proposes to minimize lighting to the extent possible and use dark-sky compliant lighting fixtures. • Provisions that all lighting will use full cutoff luminaires and be properly shielded and mounted, except as required to meet minimum safety and security requirements (e.g., emergency lighting triggered by alarms). • The use of lighting that is amber in color, using either low-pressure sodium lamps or yellow LED lighting, which reduces skyglow and wildlife impacts from exterior lighting. Black Canyon, Staff $01

Annual Cost (2022$)

$01

January 2023 | 410

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures Entities Capital (2022$) Annual Cost (2022$)

23. Public Access: Black Canyon proposes to manage lands over which it has control in the Footprint of Potential Disturbance for appropriate public access. Black Canyon proposes to:

• Prohibit fishing and other recreation in and around the upper reservoir. • Fence the upper reservoir for site security, public safety, and wildlife protection. Black Canyon, Staff $250,000 $1,000

24. Historic Properties Management Plan (HPMP): Black Canyon proposes to develop an HPMP and to conduct cultural resource monitoring during ground disturbing construction activities. The HPMP will:

• Identify the nature and significance of historic properties that may be affected by Project maintenance and operation. • Identify goals for the preservation of historic properties. • Establish guidelines for routine maintenance and operation. • Establish procedures for consulting with SHPOs, THPOs, Indian tribes, historic preservation experts, and the public concerning effects to historic properties. Black Canyon, Staff $3,850,000 $5,000

25. Paleontological Monitoring: Black Canyon proposes to develop and implement a plan to monitor construction and if necessary, mitigate adverse impacts to significant paleontological resources (as defined in BLM IM-200911) during construction. This may include:

• Identifying when and what factors may place paleontological resources at risk to damage, destruction, or unauthorized collecting. Black Canyon, Staff $2,000,000 $0

January 2023 | 411

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures

• Identifying monitoring strategies to observe, document, and recognize changes or impacts to paleontological resources during

Project construction. • Measures to identify, record, and evaluate significant paleontological and cultural discoveries during Project construction, as applicable.

26. Visual Resources: Black Canyon proposes to:

• Use BLM environmental colors (Standard Environmental Colors,

Color Chart CC-001) for surface coatings of fences, gates, and other above-ground facility features. • Design the upper reservoir, bridge, and lower intake structure so that materials repeat and/or blend in with the existing form, line, color, and texture of the landscape to the extent feasible.

27. Air Pollution Control Plan: Black Canyon proposes to develop an Air Pollution Control Plan to minimize emissions and control construction dust through the use of BMPs. Elements of such a plan include the following provisions for controlling fugitive dust from the construction site:

• Establish stabilized truck exit areas for washing the wheels of all trucks that enter paved roadways from the construction site and dirt roads leading from the construction site. • Establish tracking pads at construction exits to prevent dirt from being tracked onto roadways. • Apply water or dust reducing agents to any truck routes within the construction site as needed (during dry and windy periods) or, in cases where such routes would remain in place for an extended duration, cover the routes with gravel to avoid re-suspension of dust.

Entities Capital (2022$) Annual Cost (2022$)

Black Canyon, Staff, BLM $1,100,000 $0

Black Canyon, Staff $200,000 $0

January 2023 | 412

Number Enhancement/Mitigation Measures

• Apply water or dust reducing agents to all exposed surfaces as needed during dry weather. Exposed surfaces include, but are not limited to soil piles, graded areas, unpaved parking areas, staging areas, and access roads. • Cover or maintain at least 2 feet of free board space on haul trucks transporting soil, sand, or other loose material on the site. Cover any haul trucks that would be traveling along freeways or major roadways. • Use wet power vacuum street sweepers to remove any visible track out mud or dirt onto adjacent paved public roads. • Pave all roadways, driveways, sidewalks, and parking lots as soon as possible. In addition, lay building pads as soon as possible after grading unless seeding or soil binders are used. • Incorporate dust control measures (e.g., dust collectors and covers limiting pathways for dust) into the temporary concrete batch plant, if used at the construction site.

o To control vehicle emissions from diesel-powered equipment working at the construction site the plan could also include: ▪ Minimize idling time by either shutting equipment off when not in use or reducing idling time to 5 minutes. Provide clear signage regarding this requirement for workers at the entrances to the site. ▪ Establish protocols for equipment inspection and maintenance programs to ensure work and fuel efficiencies. ▪ Maintain all construction equipment in proper working condition according to manufacturer’s specifications. Ensure that equipment is running in proper condition before it is operated. Final License Application – Exhibit E Seminoe Pumped Storage Project

Entities Capital (2022$) Annual Cost (2022$)

January 2023 | 413

Final License Application – Exhibit E Seminoe Pumped Storage Project

Number Enhancement/Mitigation Measures

28. Noise: To minimize the effects of noise related to construction and operation of the Project, Black Canyon will utilize several strategies to manage noise associated with construction, including sequencing of the use of noise-producing machinery and siting laydown areas and other construction activities to take advantage of natural buffering of noise from vegetation and topography between noise generation and receptors. Black Canyon, Staff

1. Cost of this measure is included in the Project’s capital cost.

Total Entities Capital (2022$)

$01

Annual Cost (2022$)

$01

$17,175,000 $164,000

January 2023 | 414

5.0 Conclusions and Recommendations

5.1 Comprehensive Development and Recommended Alternative

In deciding whether to issue a license for a hydroelectric project, FERC must determine that the project will be best adapted to a comprehensive plan for improving or developing a waterway (FPA Section 10(a)). In addition to the power and developmental purposes for which licenses are issued, FERC must give equal consideration to the purposes of energy conservation; the protection, mitigation, or damage to and enhancement of fish and wildlife (including related spawning grounds and habitat); the protection of recreational opportunities; and the preservation of other aspects of environmental quality (FPA Section 4(e)). Black Canyon intends that the Project as described in this FLA fulfills the best use of power and non-power resources.

5.1.1 Measures Proposed by the Applicant

PM&E measures proposed by Black Canyon to protect resources are summarized in Table 2.1-5.

5.1.2 Agency- and Stakeholder-Proposed Measures

Based on comments received on the DLA, Black Canyon has incorporated appropriate agency and stakeholder proposed PM&E measures. These measures are presented in Table 2.1-5

5.2 Unavoidable Adverse Effects

The Project will provide storage for renewable energy, help achieve climate goals, and provide grid stabilization. The Project will also require the construction of a new 114-acre reservoir and the permanent loss of 139.8 acres of habitat. The vegetation communities that will be lost as habitat are listed in Table 3.6-4 in Section 3.6.2.

5.3 Consistency with Comprehensive Plans

Black Canyon has reviewed the March 2022 FERC List of Comprehensive Plans applicable to Wyoming and adopted by FERC under Section 10(a)(2)(A) of the FPA, 16 USC §803(a)(2)(A). Unless otherwise noted, some of these plans have not been updated or updates have not been submitted to FERC for approval since their development dates noted below. FERC currently lists 13 Federal comprehensive plans and one state comprehensive plan for the state of Wyoming. Of these, seven are potentially relevant to the Project. Carbon County and the BLM have a total of four additional management plans that may be relevant to the management of the lands or waterways. Accordingly, review is

comprised of the seven FERC-listed plans and the four additional plans (11 plans). The Project's consistency with these pertinent plans is discussed below.

5.3.1 Federal Comprehensive Plans

5.3.1.1 Bureau of Land Management. 1991. Wyoming Wilderness Study Report: Statewide Overview. Department of the Interior, Cheyenne, Wyoming. September 1991.

The Wyoming Wilderness Study Report: Statewide Overview provides wilderness recommendations for 42 wilderness study areas (WSAs) in the state of Wyoming. The Department of the Interior and BLM developed the recommendations from the findings of a 15-year wilderness study process. The wilderness studies considered each area's resource values, present and projected future uses of the areas, public input, the manageability of the areas as wilderness, the environmental consequences of designating or not designating the areas as wilderness, and mineral surveys prepared by the USGS and Bureau of Mines.

The Bennett Mountains WSA is located adjacent to the Footprint of Potential Disturbance in the vicinity of the proposed upper reservoir and transmission corridor. However, no portion of the proposed Project will be located within any designated Wilderness Area. Therefore, this plan is not applicable to the Project.

5.3.1.2 National Park Service. 1993. The Nationwide Rivers Inventory. Department of the Interior, Washington, D.C. 1993.

The Nationwide Rivers Inventory is a comprehensive study of one or more of the beneficial uses of a waterway, waterways, and/or water body. It specifies the standards, data, and methodology used in the inventory and is filed with the Secretary of the Commission.

The Project location does not include any rivers listed on the Nationwide Rivers Inventory. Therefore, this plan is not applicable to the Project.

5.3.1.3 U.S. Fish and Wildlife Service. 2013. Greater Sage-grouse (Centrocercus urophasianus) Conservation Objectives: Final Report. Denver, Colorado. February 2013.

The Greater Sage-grouse (Centrocercus urophasianus) Conservation Objectives: Final Report presents the findings of a collaborative approach to develop rangewide conservation objectives for the Greater Sage-grouse, both to inform the 2015 decision under the Endangered Species Act and to inform the collective conservation efforts of the many partners working to conserve the species. Recognizing that state wildlife agencies have management expertise and management authority for Greater Sage-grouse, the USFWS convened a Conservation Objectives Team (COT) of state and USFWS representatives. The COT was asked to produce recommendations regarding the degree to which threats need to be reduced or ameliorated to conserve the Greater Sage-grouse so that it would no longer be in danger of extinction or likely to become in danger of extinction in the foreseeable future. The Greater Sage-grouse (Centrocercus

urophasianus) Conservation Objectives: Final Report delineates such objectives, based upon the best scientific and commercial data available at the time of its release. One key component of the report is the identification of Priority Areas of Conservation (PACs), which were described as key habitats that are essential for Greater Sage-grouse conservation.

Black Canyon is consulting with USFWS, BLM, and other applicable resource agencies and organizations to adopt measures to ensure compliance with Greater Sage-grouse management objectives within the Project vicinity.

5.3.1.4 U.S. Fish and Wildlife Service. 1989. Fisheries USA: The Recreational Fisheries Policy of the U.S. Fish and Wildlife Service. Washington, D.C. December 1989.

This policy, under the auspices of the 1988 National Recreational Fisheries Policy (National Policy), encompasses the guiding principles, goals, and objectives set forth by the National Policy. The Policy defines the USFWS's stewardship role in management of the Nation’s recreational fishery resources, which include not only angling, but fish watching and photographing. With the Fisheries USA, USFWS committed to accomplish three goals:

1. Usability – to optimize the opportunities for people to enjoy the Nation’s recreational fisheries. 2. Sustainability – to ensure the future of quality and quantity of the Nation’s recreational fisheries. 3. Action – to work in partnership with other federal governmental agencies, states, tribes, conservation organizations, and the public to effectively manage the

Nation’s recreational fisheries.

Seminoe Reservoir and the North Platte River in proximity to the Project are highly utilized for many different recreational activities. Black Canyon is consulting with USFWS and other applicable resource agencies and organizations on the topics of protection of fish resources and existing recreational fishing opportunities within the Project vicinity. Section 3.5 describes the existing fish resources and recreational opportunities occurring within the Project vicinity.

5.3.1.5 U.S. Fish and Wildlife Service. Canadian Wildlife Service. 1986. North American Waterfowl Management Plan. Department of the Interior. Environment Canada. May 1986.

The USFWS 1986 North American Waterfowl Management Plan, updated in 1998, expands on the 1986 Plan seeking to restore waterfowl populations in Canada, the United States, and Mexico to levels recorded during the 1970s, which was considered a benchmark decade for waterfowl. The plan outlines the following three visions to advance waterfowl conservation:

1. Ensure that Plan implementation is guided by biologically based planning and is refined through ongoing evaluation.

2. Define the landscape conditions needed to sustain waterfowl and other wetland associated species. Participate in the development of conservation, economic, management, and social policies and programs that affect the ecological health of these landscapes. 3. Collaborate with other conservation efforts and reach out to other sectors and communities to form alliances.

These visions are designed to improve the status of North America’s waterfowl, promote sustainable landscapes, and broaden partnerships internationally, nationally, regionally, and locally.

Most initiatives and recommendations contained in this Plan are beyond the scope of the Applicant’s proposed operation of the Project. The most relevant goals of this Plan involve habitat protection and maintenance. Seminoe Reservoir was identified by the BLM as providing important habitat for waterfowl and shorebirds, as well as many other bird species. Proposed construction and operation of the Project will have minimal effects on wildlife or their habitats in the Project vicinity and will continue to provide waterfowl habitat as described in Section 3.7. Additionally, the Applicant’s proposal to protect and maintain the fishery and botanical resources, both of which represent potential forage sources for waterfowl, are identified in Section 3.7 of this Exhibit E.

5.3.1.6 U.S. Fish and Wildlife Service. 1986. Whooping Crane Recovery Plan. Department of the Interior, Albuquerque, New Mexico. December 23, 1986.

The Whooping Crane Recovery Plan (Plan) was prepared under the authorities of the U.S. Endangered Species Act (ESA) of 1973, as amended, the Canada Wildlife Act of 1974, and the Canadian Species at Risk Act of 2003. The Plan describes management and research actions that are underway and proposes additional actions needed to ensure the recovery of the whooping crane. The revised Whooping Crane Recovery Plan (March 2007) describes recovery actions and costs required for the birds and habitat in both Canada and the United States. The Plan covers the basic biology of the species and its historical and present distribution, states recovery goals, strategy, objectives and criteria, provides an outline of specific actions needed for recovery, describes protective actions to alleviate threats, and provides for an implementation schedule for recovery.

A list of ESA-listed species potentially occurring within the Project Area was prepared using the USFWS IPaC website. The IPaC report indicated that the ESA-threatened whooping crane (Grus americana) has the potential to be affected by the Project. However, the Project Area is located outside of the known range for the whooping crane.

5.3.2 State of Wyoming Comprehensive Plans

5.3.2.1 Wyoming Department of Commerce, State Parks, and Historic Sites. 1990. Wyoming State Comprehensive Outdoor Recreation Plan (SCORP). Cheyenne, Wyoming.

The updated 2019 Wyoming State Comprehensive Outdoor Recreation Plan (SCORP) is intended to serve as a guide for local, state, and federal agencies in the development and

provision of future outdoor recreation opportunities. Surveys of both recreation providers and users were conducted to gather information about outdoor recreation opportunities, facilities, programs, uses, needs, and desires. In addition, since the 2014 SCORP, the state has created the Wyoming Outdoor Recreation Office (OREC) whose mission is “to enhance and expand the outdoor recreation industry and improve outdoor recreation infrastructure/access within the beautiful state of Wyoming.”

Black Canyon continues to consult with the BLM and the Wyoming Department of State Parks and Cultural Resources, Division of State Parks, Historic Sites, and Trails on access and other potential recreation issues in the Project vicinity throughout the licensing process. The Project is in compliance with the strategies outlined in this Plan.

5.3.3 Additional Management Plans

5.3.3.1 Bureau of Land Management. 2008. Record of Decision and Approved Rawlins Resource Management Plan for Public Lands Administered by the Bureau of Land Management Rawlins Field Office Rawlins, Wyoming. U.S. Department of Interior BLM Rawlins Field Office. December 2008.

The Rawlins Record of Decision and Approved Resource Management Plan (RMP) provides direction for management of renewable and nonrenewable resources found on public lands within the Rawlins Field Office (RFO) planning area and guides decisionmaking for future site-specific actions. The Approved RMP directs the RFO in resource management activities including leasing minerals such as oil and gas; construction of electrical transmission lines, gas pipelines, and roads; grazing management; recreation and outfitting; preserving and restoring wildlife habitat; selling or exchanging lands for the benefit of local communities; military use of the planning area; and conducting other activities that require land use planning decisions. The RFO Approved RMP covers approximately 11.2 million acres of public land in Albany, Carbon, Laramie, and Sweetwater Counties in Wyoming.

The BLM RFO would determine whether to grant a permit for use of BLM-managed lands for the Project. Rights-of-way and other land uses are recognized as major uses of the public lands and are authorized pursuant to Sections 302 and 501 of the Federal Land Policy and Management Act. BLM will evaluate the Project to determine if it is in conformance with the Goals and Objectives of the Rawlins Record of Decision and Approved Resource Management Plan.

5.3.3.2 Carbon County. 2021. Carbon County Natural Resource Management Plan. Y2 Consultants, LLC & Falen Law Offices. April 2021.

The Carbon County Natural Resource Management Plan (NRMP) is a document prepared and adopted by Carbon County that federal agencies are required to review and consider when making decisions that may affect the local area. The Carbon County NRMP serves as a basis for coordinating with federal and state agencies on land and resource management in the County. The County is split into three soil conservation districts in which the Project is located within the Medicine Bow Conservation District in the

northeastern third of the County. The NRMP discusses the history, custom, and culture of various natural and socioeconomic resources in the County then describes resource management objectives for each.

The proposed Project is not specifically mentioned in the NRMP, but the Project vicinity was analyzed as part of the NRMP and the Project would be in compliance with the NRMP.

5.3.3.3 Bureau of Land Management. 2015. Approved Resource Management Plan Amendment for Greater Sage-grouse, Casper, Kemmerer, Newcastle, Pinedale, Rawlins, and Rock Springs Field Offices. U.S. Department of the Interior Bureau of Land Management Wyoming State Office. September 2015.

The BLM prepared the Approved Resource Management Plan Amendment (ARMPA) for Greater Sage-grouse with an associated Environmental Impact Statement (EIS) to amend resource management plans (RMPs) for Field Offices/District Offices containing Greater Sage-grouse habitat. The planning process was needed to respond to the USFWS’s March 2010 “warranted, but precluded” ESA listing petition decision for Greater Sage-grouse. The purpose for the ARMPA is to identify and incorporate appropriate measures in existing land use plans to enhance, and restore Greater Sage-grouse habitat by avoiding, minimizing, or compensating for unavoidable impacts to Greater Sage-grouse habitat in the context of the BLM’s multiple use and sustained yield mission under the Federal Land Policy and Management Act of 1976. Greater Sage-grouse habitat in Wyoming was delineated by the USGS for the BLM in the 2015 ARMPA for Greater Sage-grouse and included habitat management categories to help apply management guidelines designed to protect and/or manage for Greater Sage-grouse habitat. These habitat management categories are referred to as Priority Habitat Management Area (PHMA) and General Habitat Management Area (GHMA). In 2017, the Wyoming state director of BLM signed the updated Wyoming Sage-grouse ARMPA which changed the PHMA boundaries, bringing them into consistency with the Wyoming Core Areas (version 4) from the current Governor’s Executive Order 2015-4.

Portions of the Project are designated by BLM as PHMA and GHMA. Greater Sage-grouse were observed at two of the four lek locations that were monitored by Black Canyon in 2021. An additional three occupied leks are known to occur within 3.1 miles of the Footprint of Potential Disturbance; these were monitored by WGFD in 2021 and will be monitored by Black Canyon in 2022. No recorded leks are located near the upper reservoir area. Occupied leks within the vicinity of the Project are primarily adjacent to the proposed transmission line.

The Project will not completely comply with the management policies and guidelines identified in the 2015 ARMPA for Greater Sage-grouse. However, Black Canyon will continue to consult with BLM and other applicable resource agencies and organizations to adopt measures to ensure compliance with Greater Sage-grouse management objectives within the Project vicinity.

5.3.3.4 Bureau of Land Management. 2019. Wyoming Greater Sage-grouse Approved Resource Management Plan Amendment and Record of Decision (ARMPA). U.S. Department of the Interior Bureau of Land Management. March 2019.

The 2019 Plan has been enjoined by court action and the 2015 Wyoming Greater Sagegrouse Approved Resource Management Plan now governs.

5.3.3.5 Platte River Recovery Implementation Program

In 1997, Colorado, Wyoming, Nebraska, and the U.S. Department of the Interior (USDOI) formed a unique partnership, the Platte River Recovery Implementation Program (PRRIP), with the goal of developing a shared approach to managing the Platte River. Water users from the three states and local and national conservation groups joined the effort. Together, these stakeholders developed an innovative approach for improving the management of the Platte River (PRRIP undated-a). The PRRIP has three main elements:

• Increasing stream flows in the central Platte River during relevant time periods; • Enhancing, restoring, and protecting habitat lands for target species (interior least tern, pallid sturgeon, piping plover, and whooping crane); and • Accommodating certain new water-related activities.

The program is being implemented incrementally. The First Increment initially covered a 13-year period from 2007 through 2019, and the current First Increment Extension covers another 13 years, through December 2032. The overarching goal of the PRRIP is to utilize federal- and state-provided land, water and scientific monitoring and research to secure defined benefits for the target species and their habitats in the central Platte River (PRRIP undated-b).

Under the PRRIP’s Water Plan, the PRRIP’s objective is to use incentive-based water projects to provide sufficient water to and through the central Platte River habitat area to assist in improving and maintaining habitat for the target species. Under the ESA, federal agencies must ensure that water projects do not harm the continued existence of any threatened or endangered species or adversely modify critical habitat. On June 16, 2006, USFWS (2006) issued a programmatic biological opinion (PBO) for the PRRIP and waterrelated activities affecting flow volume and timing in the central and lower reaches of the Platte River in Nebraska. The action area for the PBO included the Platte River basin upstream of the confluence with the Loup River in Nebraska, and the mainstem of the Platte River downstream of the Loup River confluence. The proposed Project is located in the action area (North Platte River Basin). The USFWS concluded that the threatened piping plover and the endangered whooping crane, least tern, and pallid sturgeon could be affected by water diversions and other changes in land use throughout the Platte River Basin. The PRRIP is intended to address the concerns including loss of habitat in Central Nebraska by managing key land and water resources in the central Platte region and in the process avoiding harm to the lower Platte River stretch (PRRIP undated-c).

Habitat requirements and distributions for the PRRIP’s four target species are discussed in Section 3.7 Wildlife Resources. None of these species occur in the Project vicinity but occur downstream of the Project in the Platte River.

Environmental Effects from the Project on Water Quantity Available to PRRIP Target Species in the Platte River Basin

Black Canyon currently anticipates relying on surface water from existing water rights within the North Platte River Basin as its water source for initial fill and make-up water for the Project. System recharge to replace evaporation and other losses will be conducted during periods when excess water is available to conform to existing water rights. Water supply agreements with existing water right holders and the final water supply plans for the Project will be developed and finalized as the licensing process advances. The Project as proposed will not change the quantity, timing, or frequency of releases from Seminoe Reservoir and will therefore not affect overall water supply or downstream flows; current operations of Seminoe Reservoir by the Reclamation will not be affected by the Project’s pumped storage operations. Based on these factors, water use from the North Platte River system during Project construction and operation activities is not anticipated to affect the PRRIP target species or any of the designated critical habitat that may be associated with a PRRIP target species along the Platte River downstream of the proposed Project.

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