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HomeMy WebLinkAboutWPO202200024 Correspondence 2023-01-12 (4)From: Wittig, Thomas W <thomas_wittig@fws.gov> Sent: Monday, May 23, 2022 5:18 AM To: Ian Susslin <isusslin@adapturerenewables.com> Cc: Travis Schricker <tschricker@adapturerenewables.com>; Morgan Zinger <mzinger@adapturerenewables.com> Subject: Re: [EXTERNAL] Rivanna Solar Project- located Southeast of Charlottesville VA Hello Ian, Thank you for reaching out. For eagles and Eagle Act compliance, I recommend using our bald eagle project screening form: httos://www.fws.gov/northeast/ecologicalservices/pdf/eagle/NE_Bald-Eagle_Project- Screening-Form rev20200416.12df. Depending on the project design, construction may fall into both the Construction and Loud noises categories. Regarding migratory birds, the U.S. Fish and Wildlife Service (Service) is the Federal agency delegated with the primary responsibility for managing migratory birds. Our authority derives from the Migratory Bird Treaty Act of 1918, as amended (MBTA; 16 U.S.C. 703 et seq.), which implements treaties with Canada, Mexico, Japan, and the Russian Federation. Migratory bird in 50 CFR 10.12 means "any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 CFR 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof." The list of protected birds is maintained in regulation at 50 CFR 10.13 and includes over 1,000 species. The Service interprets MBTA to prohibit incidental take of migratory birds and will enforce the statute accordingly (see httpsi//www.fws.gov/policy/do225.pdf). Incidental take means the taking or killing of migratory birds that results from, but is not the purpose of, an activity. The Service recognizes that a wide range of activities may result in incidental take of migratory birds. Pursuing enforcement for all these activities would not be an effective orjudicious use of our law enforcement resources. For that reason, the Service will focus our enforcement efforts on specific types of activities that both foreseeably cause incidental take and where the proponent fails to implement known beneficial practices to avoid or minimize incidental take. Our intention through this policy is to apply a transparent and consistent approach to managing and prioritizing our enforcement of incidental take, taking into account the case law applicable in a given jurisdiction and the facts and circumstances of each case. 1. The following types of conduct are not a priority for enforcement: 1. A member of the general public conducting otherwise legal activities that incidentally take migratory birds; 2. A Federal agency conducting activities in accordance with a signed memorandum of understanding with the Service developed under Executive Order 13186 for the conservation of migratory birds; or 3. A public- or private -sector entity conducting activities in accordance with applicable beneficial practices for avoiding and minimizing incidental take. 2. The Service prioritizes the following types of conduct for enforcement: 1. Incidental take that is the result of an otherwise illegal activity; or 2. Incidental take that: 1. results from activities by a public- or private -sector entity that are otherwise legal; 2. is foreseeable; and 3. occurs where known general or activity -specific beneficial practices were not implemented. To better protect migratory bird populations and provide more certainty for the regulated public, the Service seeks to address human -caused mortality by providing information on beneficial practices to avoid and minimize the incidental injury and killing of migratory birds. Beneficial practice means an action implemented to avoid or minimize the incidental take of migratory birds. We also refer to beneficial practices as best management practices, conservation measures, best practices, mitigation measures, etc. We maintain a comprehensive website of beneficial practices, conservation measures, and decisionsupporttools: httos://www.fws.gov/library/collections/avoiding-and-minimizing= incidental -take -migratory -birds. We advise that you consult these resources and implement any beneficial practices that are applicable to your proposed activities. You'll find that there is guidance specific to solar, though there are only a limited number of recommendations, not all of which may be applicable to your project. If you have any further questions regarding BGEPA or MBTA compliance, please do not hesitate to follow up. Best, Tom Tom Wittig Eagle Coordinator) North Atlantic -Appalachian Region Division of Migratory Birds I U.S. Fish and Wildlife Service 300 Westgate Center Drive Hadley, MA01035 Phone: 413-253-8577 Fax: 413-253-8424 From: Ian Susslin<isusslinCcDadanturerenewables.com> Sent: Friday, May 20, 2022 5:17 PM To: Wittig, Thomas W <thomas_wittig(@fws.gov> Cc: Travis Schricker<tschricker(@adapturerenewables.com>; Morgan Zinger <mzinger(@adapturerenewables.com> Subject: [EXTERNAL] Rivanna Solar Project- located Southeast of Charlottesville VA This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Thomas, Good day. I am reaching out to you about the Migratory Bird Treaty Act and the Bald & Golden Eagle Protection Act. Our company is in the process of permitting for a Utility -Scale Solar Project located just southeast of Charlottesville, VA. Google Earth KMZ file is attached. • Rlvanna.kmz We received your contact info from the Army Corps Of Engineers as we just acquired a permit from them. The letter connected to out permit states we should reach out to you. Please see below (the letter is also attached) "The USFWS has asked that we inform you of their authority under the Migratory Bird Treaty Act (16 USC 703). You should contact Thomas Wittig concerning this matter at 413-253-8577 or Thomas wittig@fws.gov to determine if any restrictions apply to your project. Please note that you should either obtain a U.S. Fish and Wildlife Service (FWS) bald eagle take permit or a letter of concurrence from FWS indicating that a permit is not necessary prior to initiating construction activities. You should contact Thomas Wittig concerning this matter at 413-253-8577 or Thomas wittia@fws.gov." I was wondering if you can help us determine if any restrictions that apply to our site under the Migratory Bird Treaty Act, or if we will need a Bald Eagle Permit for the project? Thank you for your time and we look forward to hearing from you, Ian Susslin Project Engineer Adapture Renewables, Inc. i s u ss l i n Ca)a d a ptu re re n ewa b l e s. c o m Direct: 510.710.5666 1901 Harrison Street, Suite 1630, Oakland, CA 94612 IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. 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