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59494-SU 2016 Special Use Application for PRPSpecial Use RINi1 Application Form -_uc -0-M rEIVED $ _co PARTMENTr-�OF STATEZ LANDS J.f�- � �Qsc "S AGENCY WILL ASSIGN NUMBER Oregon Department of State Lands A lication No. R q q q " ,so SEND COMPLETE AND SIGNED APPLICATION TO: (West of the Cascade Crest) (East of the Cascade Crest) WESTERN REGION EASTERN REGION Department of State Lands Department of State Lands 775 Summer Street NE, Suite 100 WWW,oregonstatelandS.Us 1645 NE Forbes Road, Suite 112 Salem, OR 97301-1279 Bend, OR 97701 503-986-5200 541-388-6112 FAX: 503-378-4844 FAX: 541-388-6480 ® New ❑ Renewal ❑ Assignment ❑ Modification ❑ Amendment 1 - APPLICANT INFORMATION Applicant's Name and Address: Business Phone:_ 303-384-7192 Alliance for Sustainable Energy Home Phone: 15013 Denver West Parkway, MSC RSF-053 Fax: Lakewood, CO 80401 Email Address:levi.kilcher@nrel.gov Co -Applicant's Name and Address: Business Phone:_ Home Phone: Fax: Email Address: Authorized Agent Name and Address: Business Phone:_ 503-566-6883 CT Corporation System Home Phone: 388 State St., Suite 420 Fax: Salem, OR 97301 Email Address: - 2 - PROJECT LOCATION Street, Road or other descriptive location Legal Description Lakeside: Latitude: 43.760, Longitude: -124.224 Township Range Section Quarter Reedsport: Latitude: 43.586, Longitude: -124.290 In or Near (City or Town) County Tax Map # Tax Lot # Lakeside eedsport Coos ou las Waterway River Mile Other 3 - PROJECT INFORMATION Activity Type (Check all that apply): ❑ Agriculture ® Scientific experiments ❑ Communications facilities ❑ Sporting and other events ❑ Wind farms ❑ Outfitting and guiding services ❑ Industrial, business and commercial purposes ❑ Motion picture filming and set construction ❑ Residence and recreational cabins ❑ Other, please describe use: ❑ Native seed harvesting Are you aware of any Endangered Species on the project site? ❑ Yes ® No Are you aware of any Cultural Resources on the project site? ❑ Yes ® No Is the project site near a State Scenic Waterway? ❑ Yes ® No If yes, please explain in the project description (Section 4). How will activity impact area and proposed mitigation? 4 - PROJECT PURPOSE & DESCRIPTION ❑ Existing ® Proposed Project Purpose and Need: Wave device developers in the U.S. are preparing to deploy a new generation of wave energy converter (WEC) devices at `early deployment' sites. These projects are expected to receive heightened public attention throughout all stages of their lifecycle (design, installation, operation and decommissioning). This research project is designed to better understand resource details in regions and sites that are likely to see early WEC deployments, but there are no plans to deploy WEC devices as part of this project. Numerical wave models are highly valuable tools for wave characterization. However, as usefiil and accurate as these tools are, important questions about their accuracy in shallow water (<100 meters) along the U.S. West Coast still exist. In particular, these models are known to under -predict the amplitude of large waves during large storm events ("extreme events"). Measurements from this scientific research project will improve our understanding of the U.S. West Coast wave characteristics in shallow waters and during storms, and the findings will be codified in a wave -classification scheme. The wave measurements proposed for this project have two objectives: -Measure resource details at wave sites that are likely to see early commercial deployment but are currently lacking detailed public resource measurements -Extend the dataset of detailed wave resource measurements for model validation that will assist the wave classification scheme (WCS). For wave energy, "detailed resource data" are defined as measurements that capture directional wave spectra during at least 90% of 1 year at a water depth that is relevant to existing technologies suitable for that site. This site selection methodology builds on the Marine Hydrokinetic Energy Site Identification and Ranking Methodology Part L• Wave Energy report (Kilcher 2016), which identifies likely wave deployment locales ("hot spots") in U.S. waters. To meet the objective of making measurements at early commercial sites, we stepped through the long -teen ranking of likely deployment locales and selecting the top-ranking site within the locale that meets the following three criteria: 1. Is zoned for marine renewable energy projects (if the state has marine renewable energy zoning designations) 2. Is not occupied by an existing renewable energy project permit 3. Is a site where new measurements would be valuable to the wave classification scheme, in shallow water (<100 in; deep measurements are considered >100 in), and there are no detailed shallow water resource data within 80 miles (See attached Table 1. Ranked list of top 25 wave locales from the site identification long-term analysis.) The state of Oregon is the top-ranked locale in the site identification long-term model. Oregon has also undergone a zoning process that identified locations within the state's territorial sea where wave energy projects are more likely to be permitted. Through that process, four sites were identified for commercial wave energy project development; from. north to south these are Camp Rilea, Pacific City, Reedsport, and Lakeside. This project will not make measurements at Camp Rilea and Pacific City sites because they are shallow water sites within 80 miles of existing shallow water data. Lakeside is covered under this pen -nit application, Reedsport is covered under a separate pen -nit. The Lakeside and Reedsport sites are shallow water sites that are more than 150 miles from the nearest shallow water buoy. The Lakeside site is at 80 in water depth, and the Reedsport site is at 45 in water depth. Because these sites are so close together (<10 miles), the added cost of making measurements at both (compared to only one) is minimal. These sites also have an offshore, deep water (183 m) directional wave buoy that would be useful for measure -correlate -predict hind- and fore -casts at these sites. This type of extended data record is likely to dramatically increase the value of these measurements for the Wave Classification Scheme (WCS). The Reedsport site was previously the location of an Ocean Power Technologies permit for wave energy project development. However, according to Federal Energy Regulatory Commission dockets, Ocean Power Technologies surrendered its pen -nit in 2014. As a result, the Oregon Territorial Sea Plan indicates that the Reedsport site is no longer zoned for wave energy development. Measurements at this site are especially valuable to model validation because it is a shallower site and has a wider shelf than the Lakeside site. Furthermore, it is reasonable to expect that this site could one day be re -zoned for wave energy projects because it was previously zoned as such. In sununary, the Lakeside site is especially valuable as an early commercial site, while the Reedsport site is valuable as a shallow water model validation point for the WCS. Project Description: This project will deploy a surface wave buoy (Datawell Waverider MKIII) at the Lakeside and Reedsport sites, and a Nortek AST acoustic wave and current (AWAC) profiler at Reedsport. The buoy is approximately 3' in diameter and weighs nearly 5001bs. It floats in the ocean, half -submerged, within an anti -spin triangle and an antenna on top, to enable cellular conununication. The AWAC is approximately 7.5" in diameter and 7" tall, and will be mounted on a T tripod (described below). For this deployment the buoy will be moored and anchored as shown in the attached documentation. The AWAC will be mounted onto a Teledyne Oceanscience Sea Spider, and will sit on the ocean floor. The instrumentation will be deployed for 1 year, from October 2016 to October 2017. (See attached instrumentation specifications for more detailed information on the instrumentation.) The oceanographic instrumentation will be loaded on board the vessel at either Newport or Coos Bay harbor. Equipment will be transited via vessel to the deployment locations and deployed using the ship's A -frame and winch system. The instrumentation will be similarly recovered. All instrumentation, including all anchor equipment, will be removed at the end of the year. Estimated Start Date: October 2016 Estimated Completion Date: October 2017 5 - ADDITIONAL INFORMATION Names, address and phone number for adjacent property owners. Not applicable. Has the applicant received any prior authorizations from the Department of State Lands? ❑ Yes ® No If yes, what identification number(s) were assigned: State of Oregon # -2- 6 - CITY/COUNTY PLANNING AFFIDAVIT (to be completed by local planning official) ❑ This project is not regulated by the local comprehensive plan and zoning ordinance. ❑ This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. ❑ This project has been reviewed and is not consistent with the local comprehensive plan and zone ordinance. ❑ Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: ❑ Conditional Use Approval ❑ Development Permit ❑ Plan Amendment ❑ Zone Change ❑ Other: An application ❑ has ❑ has not been made for local approvals checked above. Signature of local planning official Title City / County Date 7 - BUSINESS INFORMATION LIMITED LIABILITY COMPANY: Complete the following a) Do you have authority from the Oregon Secretary of State to do business in the State of Oregon? ® Yes ❑ No b) Is the LLC presently in good standing with the Oregon Secretary of State? ® Yes ❑ No c) In what state is the LLC primarily domiciled?.Delaware d) Is the LLC name and the Oregon business address the same as stated in this application? ® Yes ❑ No If no, state the legal Name: Address: 15013 Denver West Pkwy MSC RSF-053 Lakewood CO 80401 Street or Box Number City State Zip Code Additionally, a LIMITED LIABILITY COMPANY must submit the following with the application: a) A certified copy of the company's Articles of Organization b) A copy of the company's operating agreement CORPORATION: Complete the following: a) Do you have authority from the Oregon Secretary of State to do business in the State of Oregon? ❑ Yes ❑ No b) Is the corporation presently in good standing with the Oregon Secretary of State? ❑ Yes ❑ No c) In what state are you incorporated? d) Is the legal corporation name and Oregon business address the same as stated. in this application? ❑ Yes ❑ No If no, state the legal Corporate Name: Address: Street or Box Number City State Zip Code PARTNERSHIP OR JOINT VENTURE: Complete the following NAME BUSINESS ADDRESS %SHARE DIVISION TRUST: Complete the following for each beneficiary of the Trust: NAME BUSINESS ADDRESS OR identify the Trust document by title, document number, and county where document is recorded: TITLE DOCUMENT NUMBER COUNTY A resolution that the individual designated to sign the lease is authorized to act on behalf of the company in this matter. 8 - ATTACH ALL THE FOLLOWING FOR APPROVAL: INCOMPLETE APPLICATIONS WILL BE RETURNED a) A street or highway location map with road directions to the site from the nearest main highway or road. b) A legal description of the lease area with an accurate delineation of the area relative to the tax lot boundaries of the upland parcel. (The department may require a survey for this purpose). c) A separate drawing of all existing and proposed structures for the lease area. Label each separate activity type stated in Section 3 and show the dimensions of each area by length and width, as stated in Section 3. d) Supplemental Attachment: i.e for Communication e) Non-refundable application fee of $750. 9 - APPLICANT SIGNATURE I hereby request a state authorization for 1 (number) years. )lication is hereby made for the activities described herein. I certify that I am familiar with the information contained in application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further ify that I possess the authority to undertake the proposed activities. I understand that the granting of other permits by il, county, state or federal agencies does not release me from the requirement of obtaining the authorization requested Dre commencing the project. I understand that payment of the required state application fee does not guarantee 471C� COO/Deputy Laboratory Director Applicant Signature Y Title -a4 ._(- Date I appoint the person named below to act as my duly authorized agent. Print /Type Name Authorized Updated 6/5/12 Date -4- Title Attachment 1. Site map and instrumentation specifications The proposed measurements in Oregon are along the central coast, offshore of Lakeside and Reedsport (Figure 1). The measurements will collect data for 1 year, at which time all measurement equipment will be removed. The measurement equipment will include two Datawell MKIII wave buoys, as shown in Figure 2 and Figure 3, and one Nortek AST acoustic wave and current (AWAC) profiler (Figure 4) mounted on a Sea Spider or similar bottom lander (Figure 5). The proposed locations for the measurements are detailed in Table 1 and illustrated in Figure 1. One buoy and the AWAC will be installed at the Reedsport location, and the other buoy will be deployed at the Lakeside location. Table 1: Measurement Locations Latitude Longitude Instruments Lakeside 43.760 north 124.224 west MKIII Reedsport 43.586 north 124.290 west MKIII + AWAC The map below shows a section of the central Oregon coastline near Reedsport and Lakeside, where NREL researchers propose performing wave measurements. The two yellow balloons indicate the proposed measurement locations. The cyan balloon shows the location of an existing deep -water buoy. The green box indicates the location of REFSSA #4 from Part 5 of the Oregon Territorial Sea Plan. Figure 1: Map of measurement deployment sites Both of the Datawell MKIII buoys will be deployed as shown in Figure 2. The buoy is approximately 3' in diameter and weighs nearly 500 lbs. It floats in the ocean, half -submerged, within an anti -spin triangle with an antenna on top to enable cellular communication. For this 15013 Denver West Parkway NREL is a national laboratory of the U.S. Department of Energy Golden, CO 80401 Office of Energy Efficiency & Renewable Energy Phone 303-275-3000 Operated by the Alliance for Sustainable Energy, LLC deployment, the buoy will be moored and anchored as shown in Figure 3. The anchor weight may be chain (as illustrated) or several railroad wheels, depending on the ocean dynamics in Oregon. The buoy will occupy an area called the `watch circle', with a radius approximately equal to the depth of the anchor, so 45 m for Reedsport, and 80m for Lakeside. Figure 2: Datawell MKIII buoy Buoy Watcdepth Disactional Wnvcrider 60 m < D <200 m Non -directional Waverider 30.<D<200. rubber cord 10 in Directional W averider IS on non-dirsctional Wnverider distance: 0.73 D - mbher cord length sinkcr (s) 1 Kg sea Tsbla 1.8.1 PP rope: length 2-13 - rubber cord length In-line Boat 3 Kg (approx. l m above seabed) I Inch shackle mild steal =bar weight (approx. 300 Kg scrap chain for 0.7 at buoy) (approx. 100 Kg scrap chain for 0.9 m buoy) Figure 3: Mooring and anchor configuration for Datawell buoy 15013 Denver West Parkway NREL is a national laboratory of the U.S. Department of Energy Golden, CO 80401 Office of Energy Efficiency & Renewable Energy Phone 303-275-3000 Operated by the Alliance for Sustainable Energy, LLC The AWAC profiler is pictured in Figure 4 below. It is approximately 7.5" in diameter and 7" tall. For this deployment, the AWAC will be mounted onto a Teledyne Oceanscience Sea Spider, which is pictured in Figure 5. The photo shows the deployment -ready configuration, complete with twin pop-up buoys for recovery of the instrumentation, and the yellow acoustic release on the deck, which safely and gently deploys the lander after it is lowered to the sea floor. The AWAC is mounted on the platform (barely visible on the green plate in the photo). The Sea Spider platform is 58" wide and 21" tall. It is made of fiberglass and weighs approximately 190 lbs. Figure 4: Nortek AWAC AST instrument Figure 5: Sea Spider bottom lander 15013 Denver West Parkway NREL is a national laboratory of the U.S. Department of Energy Golden, CO 80401 Office of Energy Efficiency & Renewable Energy Phone 303-275-3000 Operates) by the Alliance for Sustainable Energy, LLC Attachment 2 Table 1: Ranked List of the Top 25 Wave Locales from the Site Identification Long -Term Analysis. The following should be noted about Table 1: • Sites without measurements in deep or shallow water are identified as potential measurement sites under this project (green boxes). • Numbers in the first column indicate the priority for measurements under this project (the top five are bold to emphasize sites scheduled for measurement under this project). • "✓" indicates whether shallow or deep measurements exist for that site/locale. • N/A indicates a narrow shelf, or a very wide shelf in the shallow or deep measurement columns, respectively. • The Reedsport site is included with the Lakeside site because they are very close together and the added cost of measuring at Reedsport is minimal. • Italics and lighter shading of the second column breaks a locale into its top sites (for the locales that have sites identified for measurements under this effort) Locale/Site Shallow MeasurementsMeasurements Deep Oregon 1 - Lakeside ✓ 1 - Reedsport ✓ - Camp Rilea ✓ ✓ - Pacific City ✓ ✓ Northern California - Eureka ✓ ✓ 2 -FortBragg Washington ✓ ✓ Central California ✓ ✓ Southern California ✓ ✓ Hawaii N/A ✓ Puerto Rico 3 - Isabela N/A - Fajardo N/A North Carolina - Nags Head ✓ N/A 4 -Cape Hatteras ✓ Majuro Marshall Islands N/A ✓ New York ✓ N/A Massachusetts ✓ N/A Tutuila (American Samoa) N/A ✓ Guam N/A ✓ Saipan N/A ✓ Rhode Island ✓ N/A Alaska 5 - Kodiak - Yakutat ✓ N/A 6 Maine N/A 7 U.S. Virgin Islands 8 Ebeye (Marshall Islands) N/A The following should be noted about Table 1: • Sites without measurements in deep or shallow water are identified as potential measurement sites under this project (green boxes). • Numbers in the first column indicate the priority for measurements under this project (the top five are bold to emphasize sites scheduled for measurement under this project). • "✓" indicates whether shallow or deep measurements exist for that site/locale. • N/A indicates a narrow shelf, or a very wide shelf in the shallow or deep measurement columns, respectively. • The Reedsport site is included with the Lakeside site because they are very close together and the added cost of measuring at Reedsport is minimal. • Italics and lighter shading of the second column breaks a locale into its top sites (for the locales that have sites identified for measurements under this effort) c9{ .. v=00 H. T. HARVEY & ASSOCIATES is used 10 This report 2 Ctiecklist place Of part Ecological Consultants Biological Evaluation of the "Model Validation and Site Characterization for Early Development MHK Sites and Establishment of Wave Classification Scheme - Wave Instrumentation Deployment" Project Project # 3618-02 Prepared for: U.S. Department of Energy Golden Field Office 15013 Denver West Parkway Golden, CO 80401 Prepared by: H. T. Harvey & Associates September 2016 1 125 16th Street, Suite 209 • Arcata, CA 95521 • Ph: 707.822.4141 • F: 707.822.4848 01 Table of Contents Section1.0 Background.....................................................................................................................................................1 Section 2.0 Description of the Proposed Project.......................................................................................................... 2 2.1 Project Purpose........................................................................................................................................................ 2 2.2 Project Site................................................................................................................................................................ 2 2.3 Project Equipment..................................................................................................................................................3 2.4 Deployment and Retrieval..................................................................................................................................... 7 Section 3.0 Listed Species and Critical Habitat in the Project Area.........................................................................10 3.1 Status of Species and Designated Critical Habitat...........................................................................................10 3.2 Biology of Special Status Species Likely to Occur in the Project Area.........................................................12 3.3 Critical Habitat.......................................................................................................................................................16 Section 4.0 Environmental Baseline Conditions..........................................................................................................17 4.1 Benthic Habitat......................................................................................................................................................17 4.2 Vessel Traffic and Navigation.............................................................................................................................18 Section5.0 Effects of the Action...................................................................................................................................19 5.1 Collision with project -related vessels.................................................................................................................19 5.2 Collision or direct impact by project -related equipment and materials........................................................ 20 5.3 Habitat and Prey Resources.................................................................................................................................21 5.4 Entanglement or entrapment.............................................................................................................................. 21 5.5 Exposure to wastes and discharges.................................................................................................................... 22 5.6 General disturbance.............................................................................................................................................. 22 5.7 Other causes of effects of the action................................................................................................................. 23 Section6.0 Determination...............................................................................................................................................24 Section7.0 Literature Cited.............................................................................................................................................25 Tables Table 1: Measurement Locations..................................................................................................................................... 2 Table 2: Listed Marine Species in the Project Area.....................................................................................................10 Figures Figure1: Measurement site locations.............................................................................................................................. 3 Figure2: Datawell MICH buoy........................................................................................................................................ 4 Figure 3: Mooring and anchor configuration for Datawell buoy................................................................................ 5 Figure 4: Nortek A%VAC AST instrument...................................................................................................................... 6 Figure 5: Sea Spider bottom lander.................................................................................................................................. 7 Biological Evaluation— i H. T. Harvey & Associates Oregon Wave Characterization September 2016 Section 1.0 Background The purpose of this Biological Evaluation (BE) is to address die effect of the "Model Validation and Site Characterization for Early Development MHK Sites and Establishment of Wave Classification Scheme — Wave Instrumentation Deployment" project (Proposed Project) on Endangered Species Act (ESA) listed species and/or their designated critical habitat. The U.S. Department of Energy (DOE) is proposing to provide funding to the National Renewable Energy Laboratory for this project (Proposed Action). The project involves deploying two wave buoys and a bottom -mounted wave and current profiler to characterize wave energy resources off the coast of Oregon near Reedsport (approximately 4 km from shore in 45 m water depth at 43.76°N, 124.22°)N) and Lakeside (approximately 5 km from shore in 80 m water depth at 43.59°N, 124.29°W) (Proposed Project). This BE addresses the Proposed Action in compliance with Section 7(c) of the ESA of 1973, as amended. Section 7 of the ESA assures that, through informal consultation (or conferencing for proposed species) with the National Marine Fisheries Service (NMFS) and/or the U.S. Fish and Wildlife Service (USFWS), federal actions do not jeopardize the continued existence of any threatened, endangered or proposed species, or result in the destruction or adverse modification of critical habitat. The purpose of the Proposed Project is to characterize wave energy resources at early market marine and hydrokinetic (MHK) sites. The project will be committed to the collection of high-fidelity wave measurements at two sites selected for their energy -rich wave environments. The collected data will be used for model validation and for the development of a wave classification scheme to facilitate the design of economical wave energy conversion devices. Biological Evaluation— 1 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Section 2.0 Description of the Proposed Project 2.1 Project Purpose The purpose of the Proposed Project is to gather high fidelity wave and tidal measurements, and to characterize wave energy resources at early market MHK sites. The collected data will be used for model validation and for the development of a wave classification scheme to facilitate the design of economical wave energy conversion devices. 2.2 Project Site The proposed measurements are along the central coast of Oregon at two locations: offshore of 1) Lakeside and 2) Reedsport (Figure 1, Table 1). (Environmental and physical details of the sites are provided in Section 4.0, below.) Table 1: Measurement Locations Latitude Longitude Instruments Reedsport 43.76 north 124.22 west MKIII + AWAC Lakeside 43.59 north 124.29 west MKIII Figure 1 shows a section of the central Oregon coastline near Reedsport and Lakeside, where NREL researchers propose performing wave measurements. The two yellow balloons indicate the proposed measurement locations. The blue balloon further offshore shows the location of an existing National Data Buoy Center Waverider buoy (Station 46229). The green rectangle offshore of Lakeside indicates the location of Renewable Energy Facility Suitability Study Area (REFSSA) #4 from Part 5 of the Oregon Territorial Sea Plan. Biological Evaluation— 2 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Figure 1: Measurement site locations 2.3 Project Equipment Project equipment will be deployed, collecting data, for one year (approximately October 2016 to October 2017), at which time all gear will be removed. The measurement equipment will include two Datawell MKIII wave buoys, as shown in Figure 2 and Figure 3, and one Nortek AST acoustic wave and current (AWAC) profiler (Figure 4) mounted on a Sea Spider or similar bottom lander (Figure 5). One buoy and the A\YAC/bottom lander will be installed at the Reedsport location, and the other buoy will be deployed at the Lakeside location (Figure 1). Any project effects (e.g., Action Area) are expected to be limited to the actual location where the gear is deployed and no further than 10 meters from each device. The buoy is approximately 3 feet in diameter and weighs nearly 500 lbs. It floats in the ocean, half - submerged, with an anti -spin triangle with an antenna on top to enable cellular communication (Figure 2). For this deployment, the buoy will be moored and anchored as shown in Figure 3. The anchor weight is expected to be chain (as illustrated in Figure 3); railroad wheels, depending on the ocean dynamics in Oregon, may be a necessary alternative. Biological Evaluation— 3 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Figure 2: Datawell MKIII buoy Biological Evaluation— H. T. Harvey & Associates Oregon Wave Characterization September 2016 Buoy Directional Waverider Non -directional Waverider Waterdepth 60m<D<200m 30m<D<200m rubber cord 30 in Directional Waverider 15 in non -directional Waverider distance: 0.75 D - rubber cord length sinker (s) 1 Kg see Table 5.$.1 PP rope: length 2*D - rubber cord length in-line float 3 Kg (approx. 5 in above seabed) 1 inch shackle mild steel anchor weight (apprux. 300 Kg scrap chain for 0.7 in buuy) (approx. 500 Kg scrap chain for 0.9 in buoy) Figure 3: Mooring and anchor configuration for Datawell buoy Biological Evaluation— 5 H. T. Harvey & Associates Oregon Wave Characterization September 2016 The AWAC profiler is pictured in Figure 4 below. It is approximately 7.5 inches in diameter and 7 inches tall. For this deployment, the AWAC will be mounted onto a Teledyne Oceanscience Sea Spider (Figure 5). Figure 5 shows the deployment -ready configuration, with twin pop-up buoys for recovery of the instrumentation and the yellow acoustic release on the deck, which safely and gently deploys the lander after it is lowered to the sea floor. The AWAC is mounted on the platform (barely visible on the green plate in the photo). The Sea Spider platform is 58 inches wide and 21 inches tall. It is made of fiberglass and weighs approximately 190 lbs. Figure 4: Nortek AWAC AST instrument Biological Evaluation— 6 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Figure 5: Sea Spider bottom lander 2.4 Deployment and Retrieval Following a mooring assembly dry -run and testing of the data acquisition systems, the Datawell MKIII buoys as well as the A�VAC and bottom lander will be deployed from the R/V Miss Linda (74 feet), a commercial fishing boat converted for use as a research vessel. The R/V Miss Linda has an aft deck working space of 70 M2, and vessel assets include crane, articulating stern A -frame, deck winch, starboard side block with articulating davit, port side davit with capstan, and capstan with vertical or horizontal capability. Actual deployment (all gear, both sites) is expected to take a day, including the time required to transit from the harbor (Coos Bay) to each of the project sites and return. Note that, in addition to the logistical details of deployment and retrieval listed below, vessel operations must also be consistent with the procedures in Section 5.1 (below) designed to comply with NMFS PRD-reconnnended BMP, so as to avoid affecting protected marine animals. The process of deploying the buoys and their mooring systems is as follows: Biological Evaluation— 7 H. T. Harvey & Associates Oregon Wave Characterization September 2016 • The buoy -mooring system is assembled on board the vessel (without attaching the anchor). • The anchor weight is hung over the side vessel, or, in the case of anchor weights exceeding 500 kg, placed on a tip -plate over the fantail or side of the vessel. • The Waverider buoy is lifted over the side of the vessel and the buoy is lowered to the water surface while the anchor is attached to the mooring. • The vessel steams away slowly as the line is payed -out. • The anchor is released by either severing the attachment line or releasing the tip -plate. Deployment of the AWAC and bottom -lander will follow a different procedure: • The bottom -lander will be rigged to the ship's winch and A -frame systems with a slip -line. • The platform will be lifted and repositioned using the vessel's A -frame over the water surface. • The winch will be used to lower the platform to the seabed. • Once on the bottom, the slip line will be detached and recovered. A slip -line system guarantees upright deployment of a bottom -lander. • Using the acoustic release and deck box transponder, the orientation and exact location of the bottom -lander will be confirmed. If it is not within 45° of vertical, e.g., if deployed on an uneven surface, the system will be recovered and redeployed. For recovery, the Waverider buoy will be hooked or grappled, attached to the winch, and lifted onboard. The line is brought on board, fastened to a vessel strong point, and the buoy disconnected from the mooring and secured. The remaining line will be spooled onboard until the bottom anchor is recovered, using the mooring line and additional tag lines for safety. All reasonable efforts will be made to retrieve the anchor. Recovery of the AWAC bottom -lander will be facilitated by the acoustic release system and an acoustic deck box transponder. The vessel will be positioned within 100 m of the bottom -lander triangulated position determined during deployment. From the vessel, the pre-programmed release code will be sent to the bottom -lander release system and the pop-up buoy and recovery line will be discharged to the surface. The buoy will be hooked or grappled, attached to the winch and A -frame system, and lifted onboard. The recovery line will be spooled slowly until the bottom -lander is safely secured to the vessel back deck. Although generally fail-safe, acoustic release systems may malfunction. This may be due to: • Out -of -range acoustic communications • Electronic failure, e.g., loss of battery power • Fouling due to marine growth or sedimentation • Pop-up system line entanglement In the event of acoustic release failure, the vessel will be repositioned and the release code resent to improve acoustic communication range. If the pop-up buoy is not identified after multiple (five) attempts, NREL will be notified irrunediately and alternative measures will be assessed. Biological Evaluation— 8 H. T. Harvey & Associates Oregon Wave Characterization September 2016 As noted above, the planned duration of deployment is 12 months, October 2016 — October 2017, however, the planned date for gear retrieval must depend upon the availability of safe working conditions. In the event that weather and/or ocean conditions preclude the safe and effective recovery of the buoys and the AWAC/bottom lander, then retrieval would have to be delayed until conditions permit. Fall conditions off the Oregon coast are highly variable and a delay of days or weeks in equipment retrieval would not be unexpected. Equipment failure due to electronic hardware malfunction or mooring failure (e.g., anchor drag or ship strike) are unlikely. Both devices (buoy and AWAC/bottom lander) represent well-established technologies, and the deployment team has nearly 20 years' experience in designing and deploying oceanographic buoy -mooring systems and bottom -mount platforms in lakes, rivers, estuaries, and coastal and offshore oceanic waters. The team's mooring deployments have long operational lives with minimal annual servicing, and have proven robust in aggressive environments including the Sargasso Sea, North Pacific, and in the California Current, many times withstanding direct hits by hurricanes. However, meteorological and oceanic conditions can be harsher than expected (e.g., once in 100 -year storms) and actions by other vessel operators are unpredictable. Buoy GPS technology is expected to enable the swift (days) retrieval and re -deployment of lost gear with no or minimal extension of the total deployment duration. Biological Evaluation— 9 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Section 3.0 Listed Species and Critical Habitat in the Project Area 3.1 Status of Species and Designated Critical Habitat Marine species listed under Federal ESA that could occur in the Project Area are listed in Table 2. Those species with some probability of interacting with the WaveRider Buoy and/or the ANN'AC are addressed in further detail below, including a discussion of the type and likelihood of a project effect on listed species and their designated critical habitat. Table 2: Listed Marine Species in the Project Area Biological Evaluation— 10 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Critical Critical Common Name Scientific Name Federal State Habitat Habitat in Status Status Designated Action Area Fish Green sturgeon Southern DPS Acipenser T NL Y Y medirostris Chinook salmon' Oncorhynchus tshawytscha Lower Columbia River ESU T NL Y N Upper Columbia River spring -run ESU E NL Y N Snake River spring/summer- run ESU T T Y N Snake River fall -run ESU T T Y N Upper Willamette River spring -run ESU T NL Y N California Coastal spring- run ESU T NL Y N Sacramento River winter- run ESU E NL Y N Central Valley spring -run ESU T NL Y N Coho salmon Oncorhynchus kisutch Lower Columbia River ESU T E Y N Oregon Coast ESU T NL Y N Southern Oregon/Northern California Coast ESU T NL Y N Central California Coast ESU E NL Y N Biological Evaluation— 10 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Biological Evaluation— , , H. T. Harvey & Associates Oregon Wave Characterization September 2016 Critical Critical Common Name Scientific Name Federal State Habitat Habitat in Status Status Designated Action Area Steelhead Oncorhynchus mykiss Lower Columbia River Distinct Population Segment T NL Y N DPS Middle Columbia River DPS T NL Y N Upper Columbia River DPS T NL Y N Snake River Basin DPS T NL Y N Upper Willamette River DPS T NL Y N Northern California DPS T NL Y N Central California Coastal T NL Y N DPS California Central Valley T NL Y N DPS South -Central California Coast DPS T N2 Y N Sockeye salmon Snake River Oncorhynchus ESU nerka E NL Y N Chum salmon Columbia River Oncorhynchus keta T NL Y N ESU Eulachon Southern DPS Thaleichthvs T NL Y N pacificus Reptiles Leatherback sea turtle Dermochelys E E Y Y coriacea Green sea turtle Chelonia mydas T E Y N Loggerhead sea turtle Caretta caretta T T Y N Olive (Pacific) Ridley sea turtle Lepidochelys Pacific DPS olivacea E T N N Mammals Killer whale Southern Resident Orcinus orca E NL Y N DPS Gray whale Western Pacific Eschristius population robztstus E NL N N Humpback whale Central Megaptera America DPS novaeangliae T3 NL N N Blue whale Balaenoptera E E N N musculus Fin whale Balaenoptera E N N N physalis Biological Evaluation— , , H. T. Harvey & Associates Oregon Wave Characterization September 2016 'Based on recoveries of coded wire tagged Chinook salmon (Weitkamp 2010). -Based on recoveries of coded wire tagged coho salmon (Weitkamp and Neely 2002). 'Proposed April 21, 2015. 4"Endangered" uplist petition filed June 21, 2016. Y = yes, N = no; E = Endangered, T = Threatened, NL = not listed ESU = Evolutionarily Significant Unit, DPS = Distinct Population Segment 3.2 Biology of Special Status Species Likely to Occur in the Project Area The species discussed in detail below are those from Table 1 that are likely to encounter this project, passing closely enough to the buoys or the AWAC that the animal(s) may be able to sense the presence of the project through tactile, olfaction, acoustics or visual means. The remaining species from Table 1 may also encounter the project, but the likelihood is very low and, in the event of such an encounter, no effect is anticipated. The species with a low likelihood of occurring and interacting with the project include: • Green, olive ridley, and loggerhead sea turtles are unlikely to occur in the Project Area as sightings are extremely rare or not documented in Oregon coastal waters. • Fin, sei, and sperm whales are sighted off the coast of Oregon, but these cetaceans are most commonly found well off the continental shelf in deeper waters and their occurrence in the Project Area would be considered highly unusual. • Guadalupe fur seal is non -migratory and occurs in the subtropical waters of southern California and Mexico, breeding on islands off southern California and Mexico, and are highly unlikely to occur in the Project Area. Green Sturgeon (Acipensermedirostris; southern DPS) Green sturgeon are likely to transit die Project Area during their annual migration along the U.S continental shelf. Tagging studies indicate that they migrate north to Canadian waters in the fall, and move more slowly Biological Evaluation— 12 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Federal State Critical Critical Common Name Scientific Name Habitat Habitat in Status Status Designated Action Area Sei whale Balaenoptera E N N N borealis Sperm whale Physeter E N N N macrocephalus Guadalupe fair seal Arctocephalus T NL N N townsendi Birds Marbled Murrelet Brachyramphus E Ta Y N marmoratus Short -tailed Albatross Phoebastria E T N N albatrus 'Based on recoveries of coded wire tagged Chinook salmon (Weitkamp 2010). -Based on recoveries of coded wire tagged coho salmon (Weitkamp and Neely 2002). 'Proposed April 21, 2015. 4"Endangered" uplist petition filed June 21, 2016. Y = yes, N = no; E = Endangered, T = Threatened, NL = not listed ESU = Evolutionarily Significant Unit, DPS = Distinct Population Segment 3.2 Biology of Special Status Species Likely to Occur in the Project Area The species discussed in detail below are those from Table 1 that are likely to encounter this project, passing closely enough to the buoys or the AWAC that the animal(s) may be able to sense the presence of the project through tactile, olfaction, acoustics or visual means. The remaining species from Table 1 may also encounter the project, but the likelihood is very low and, in the event of such an encounter, no effect is anticipated. The species with a low likelihood of occurring and interacting with the project include: • Green, olive ridley, and loggerhead sea turtles are unlikely to occur in the Project Area as sightings are extremely rare or not documented in Oregon coastal waters. • Fin, sei, and sperm whales are sighted off the coast of Oregon, but these cetaceans are most commonly found well off the continental shelf in deeper waters and their occurrence in the Project Area would be considered highly unusual. • Guadalupe fur seal is non -migratory and occurs in the subtropical waters of southern California and Mexico, breeding on islands off southern California and Mexico, and are highly unlikely to occur in the Project Area. Green Sturgeon (Acipensermedirostris; southern DPS) Green sturgeon are likely to transit die Project Area during their annual migration along the U.S continental shelf. Tagging studies indicate that they migrate north to Canadian waters in the fall, and move more slowly Biological Evaluation— 12 H. T. Harvey & Associates Oregon Wave Characterization September 2016 south in the spring, transiting Oregon waters in both directions (Lindley et al. 2008). Green sturgeon generally stay close to the bottom in waters less than 100 m deep, moving up in the water column occasionally, possibly to feed (Ericson and Hightower 2007). These anadromous fish are primarily marine; southern DPS green sturgeon reach maturity at about 15 years of age and typically enter freshwater to spawn every 3-4 years thereafter (NMFS 2015, and references therein). This DPS spawns in the Sacramento, lower Feather and lower Yuba rivers in California (NOAA 2006). Chinook salmon (Oncorhyncliur tsbaavj&ba; Lower Columbia River ESU, Upper Columbia River spring -run ESU, Snake River spring/summer-run ESU, Snake River fall -run ESU, Upper Willamette River spring -run ESU, California Coastal spring -run ESU, Sacramento River winter -run ESU, Central Valley spring -run ESU), coho salmon (O. kisutch; Lower Columbia River ESU, Oregon Coast ESU, Southern Oregon/Northern California Coast ESU, Central California Coast ESU), sockeye salmon (O. nerka; Snake River ESU), chum salmon (O. keta; Columbia River ESU) and steelhead (O. mykiss, Lower Columbia River DPS, Middle Columbia River DPS, Upper Columbia River DPS, Snake River Basin DPS, Upper Willamette River DPS, Northern California DPS, Central California Coastal DPS, California Central Valley DPS, South -Central California Coast DPS)—all of the salmonids listed in Table 1—may occur in the Project Area. These salmonids are anadromous; sexually -mature adults leave the ocean and migrate to their natal stream to spawn in the rivers and creeks of the western United States; after freshwater rearing juveniles migrate to the ocean to grow and mature. Their importance to commercial, tribal and recreational fisheries in Oregon is immense, and these species also play critical ecological roles in freshwater, estuarine and oceanic ecosystems. Coho and Chinook salmon are primarily coastal species; steelhead tend to be well offshore (Beamish et al. 2005). Sockeye and chum salmon are less likely to be in the Project Area as they use streams and estuaries north of the Project Area and their juvenile and adult distribution at sea tends to also be more northward. Eulachon (Thaleichthys pacificus) Eulachon (commonly called smelt, candlefish, or hooligan) are a small, anadromous fish endemic to the eastern Pacific Ocean, ranging frorn northern California to southwest Alaska and into the southeastern Bering Sea. Eulachon leave saltwater to spawn in their natal streams late winter through early summer. During spawning, they release eggs over sandy river bottoms. Shortly after hatching, the larvae are carried downstream and dispersed by estuarine and ocean currents (WDFW and ODFW, 2001). "Ninchuck, Chetco, Pistol, Rogue, Elk, Sires, Coquille, Coos, Siuslaw, Umpqua, and Yaquina rivers; and Hunter, Euchre, Tenmile (draining Tenmile Lake), and Tenmile (near Yachats, Oregon) creeks are Oregon drainages that are reported to support eulachon spawning (Gustafson et al. 2010), as well as several tributaries to the Columbia River (ODFW and WDFW 2014). Juveniles are reported to rear in nearshore marine waters. Eulachon spend most of their life in the ocean and grow up to 12 inches in length and return to spawn at age 3 to 5 years (WDFW and ODBV, 2001). Eulachon are typically found near the ocean bottom in waters of 20-150 in depth and are regularly captured as bycatch Biological Evaluation— 13 H. T. Harvey & Associates Oregon Wave Characterization September 2016 in the ocean shrimp trawl fishery (Hay and McCarter 2000, Hannah et al. 2011, Al-Humaidhi et al. 2012, Wargo et al. 2014). Leatherback sea turtle (Dermochelys coriacea) Leatherbacks are the only sea turtles likely to enter the Project Area. Leatherbacks (Starbird et al. 1993; NMFS 2012) and their scyphozoan jellyfish prey (Graham et al. 2010) are seasonally abundant along the Oregon coast. These are highly migratory pelagic animals, and their appearance in stammer and fall months off the US west coast seems to be timed to coincide with the development of large aggregations of jellyfish at that time of year (Starbird et al. 1993, Suchman and Brodeur 2005, Graham et al. 2010, Benson et al. 2011, 50 CFR 226.207). Killer Whale (Orctnus orca) Southern Resident DPS The resident ecotype of killer whale preys almost exclusively on salmon with a preference for Chinook salmon (Bigg et al. 1990; Ford et al. 2005) and is socially divided into acoustic clans that likely serve to reduce inbreeding (Barrett -Lennard et al. 1996; Ford 1991; Ford et al. 2000). The Southern Resident DPS was federally listed as endangered in 2005 (NMFS 2005). Critical habitat for the DPS was designated in the Puget Sound (NMFS 2006). Southern resident killer whales occur in inland waterways of Puget Sound, Strait of Juan de Fuca, and southern Georgia Strait in spring, summer, and fall. Little is known about their fall, winter, and spring movements, but they have been reported in coastal waters off Oregon and Washington. In recent years, the K and L pods have been seen as far south as central California, presumably searching for salmon (Carretta et al. 2009; Krahn et al. 2004). Given the available information, it is likely that pods of southern resident killer whales at infrequent intervals will travel by and perhaps through the project area in winter or spring. They are likely to forage for Chinook salmon along the Oregon coast because of the abundance of salmon migrating through this region, and southern resident killer whales could encounter the project area during their feeding forays along tie coast. Western North Pacific (WNP) Gray Whale (Eschrichtius robustus) Gray whales were listed as endangered in 1970 (USFVG'S, 1970). Following their recovery, the Eastern North Pacific (ENP) stock was delisted from endangered in 1994, but the Western North Pacific (`UNP) stock is still listed as endangered (USFWS and NMFS 1994). Most gray whales inhabit shallow coastal waters along North America. The ENP population is mirrored by die WNP stock, which may be no larger than 100 individuals (Bradford et al., 2008) and is genetically distinct (LeDuc et al. 2002; Swartz et al. 2006). However, recent data suggest that animals from both eastern and western feeding areas migrate along the U.S. West Coast (Calambokidis et al. 2015). Gray whales undergo one of the longest annual migrations of any mammal. These whales depart their arctic feeding areas in November or December, when the Chukchi and Bering Seas ice over, and swim more than 6,000 miles in about 2 months to breeding and calving areas in Mexico (Jones and Swartz 2008; Rice et al. 1984). Following the calving season, the whales begin their northbound migration, which is more prolonged Biological Evaluation— 14 H. T. Harvey & Associates Oregon Wave Characterization September 2016 and consists of two phases Qones and Swartz 2008). Newly pregnant females are the first to leave the calving lagoons, from late January into March, followed by adults and juveniles. The second phase consists of females that remain until April and May to allow their calves to mature enough for the migration; these females and calves remain closer to the shoreline during their northward migration Qones and Swartz 2008; Jones and Swartz 1984). Therefore, WNP gray whales could encounter the project area, especially during their northbound migration along the coast. Humpback whale (Megaptera novaeangliae) Two distinct population segments (DPSs) of the humpback whale that occur in U.S. waters, Western North Pacific and Central America, have been proposed for federal listing as `threatened' (50 CFR 223 and 224). In the north Pacific, humpbacks move seasonally from low latitude breeding areas occupied in the winter to summer feeding areas in northern latitudes. The Central America DPS, generally, breed off Mexico and Central America, and feed in comparatively low latitudes off California and Oregon (Calambokidis et al. 2008). Off the U.S. west coast, humpbacks are commonly found on the continental shelf break, but, particularly when prey abundance is high nearshore, these whales move inshore (Burrows et al. 2012), including Monterey Bay (Calambokidis et al. 2008, 2009). Blue Whale (Balaenoptera musculus) The species was federally listed as endangered in 1970 (USFWS 1970). The blue whale is globally distributed and is separated into populations by ocean basin in the North Atlantic, North Pacific, and Southern Hemisphere. Numbers were greatly reduced by commercial whaling in the early 1900s, and the species received global protection in 1966 (Sears and Perrin 2008). Even with the cessation of whaling, there were so few blue whales left in the North Pacific that ship and aerial surveys as late as 2003 failed to detect any in the Gulf of Alaska whaling area (Zerbini et al. 2006). However, a few hundred blue whales have been foraging off California during summer, and photo -identification surveys to characterize the extant population began in 1986 (Calambokidis et al. 1990). Soon after, blue whale calls were recognized in the North Pacific in recordings from deep fixed hydrophones (Stafford et al. 2001), which indicated that they were beginning to recover in the northern region, an observation later confirmed by (Rankin et al. 2006). The seasonal migration of the northeast Pacific stock has been confirmed by long-term acoustic monitoring (Burtenshaw et al. 2004) and by movements of photo identified individuals between southern California and the Gulf of Alaska (Calambokidis 2009). Blue whales travel northward as siunmer progresses in response to northward progressing spring transition, and subsequent increases in primary productivity (Burtenshaw et al. 2004; Calambokidis 2009). Blue whales are most frequently sighted along the continental shelf break but also occur farther inshore, in transit or feeding on surface swarms of krill. Marbled murrelet The FWS listed marbled murrelet as threatened in 1992 (57 FR 45328). Marbled murrelet occurs in Alaska, British Columbia, Washington, Oregon, and California, and nest in old-growth forests from Bristol Bay, Biological Evaluation— 15 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Alaska, south to northern Monterey Bay. Marbled murrelet winters in coastal waters from Alaska to southern California. They disperse after breeding, up to hundreds of kilometers away from their nesting locations (Beauchamp et al. 1999). At sea, marbled murrelets forage on small schooling fishes and large pelagic crustaceans (euphausiids, mysids, amphipods), and occur primarily in very nearshore waters (<1.5 km from shore; Sealy 1974, Strachan et al. 1995). They are wing -propelled pursuit -divers that swim rapidly to pursue and capture mobile prey such as schooling fishes, and can veer, turn, and glide underwater Qohnsgard 1987); thus, their vision and agility is likely adequate for navigating around submerged structures. They are known to dive up to 36 m, although the majority of dives have been reported as less than 10 m Qodice and Collopy 1999). Marbled murrelets most often feed as singles or in pairs, although they occur in loose aggregations (tens to hundreds of birds) where prey is concentrated (Sealy 1975, Carter and Sealy 1990, Strachan et al. 1995). Although only a small percentage of the population occurs in Washington, Oregon, and California (2 percent), this area represents 18 percent of the species' linear coastal range and likely supported far greater murrelet numbers historically (McShane et al. 2004). Population declines have been attributed to forest fragmentation and loss of nesting habitat from the harvest of old-growth coniferous forests, and from mortality associated with gillnet fisheries and oil pollution. Short -tailed albatross With the exception of Hawaii, the short -tailed albatross nests exclusively on small volcanic islands in Japan. The breeding season lasts about eight months and occurs in October .June (Harrison 1979, Hasegawa and DeGange 1982). During the non -breeding season (summer), they range along the Pacific Rim from southern Japan to northern California, primarily along the continental shelf margins. Based on satellite tracking of 11 individuals and from opportunistic sightings, the range of juveniles generally includes shallower, nearer -to - shore waters than adults (e.g., <200 m depth), and they are more likely than adults to occur off the west coast of U.S. and Canada (Suryan et al. 2007). This species is still quite rare off the U.S. West Coast, with 16 records in Oregon waters (most of them <10 years old) accepted by the Oregon Bird Records Committees. 3.3 Critical Habitat The Project Area includes designated critical habitat for two species, the southern DPS of green sturgeon and leatherback sea turtle. For green sturgeon, critical habitat extends from mean lower low water out to the 60 fathom (approximately 110 m) depth bathymetry line (NOAA 2009), and includes both the Lakeside and the Reedsport, Oregon sites. Primary constituent elements of critical habitat in the Project Area include providing a migratory corridor, adequate water quality, and abundant food resources (NOAA 2009). For leatherback sea turtle, designated critical habitat in Oregon extends from Cape Blanco north beyond the mouth of the Columbia River and the Oregon-`Nashington state line east of the 3000 meter depth contour (FR77-4170). Critical habitat includes the upper 80 m of the water column (NOAA 2012, FR77-4170). The primary constituent element essential for conservation of leatherback turtles is the occurrence of prey species, I See http://ww-vv.orbirds.org/obrc.html Biological Evaluation— 16 H. T. Harvey & Associates Oregon Wave Characterization September 2016 primarily scyphomedusae of the order Semaeostomeae (Chryraora, Aurelia, Pbacellopbora, and Cyanea), of sufficient condition, distribution, diversity, abundance and density necessary to support individual as well as population growth, reproduction, and development of leatherbacks. Section 4.0 Environmental Baseline Conditions The "environmental baseline" includes the past and present impacts of all federal, state, or private actions and other human activities in the action area, the anticipated impacts of all proposed federal projects in the action area that have already undergone formal or early section 7 consultation, and the impact of state or private actions which are contemporaneous with the consultation in process (50 CFR 402.02). The Project's two buoys and single bottom -mounted wave and current (AWAC) profiler when installed will have a combined footprint (i.e., on the sea floor) of less than 10 square meters in federal waters off the Oregon coast. The ocean surrounding the action area supports diverse assemblages of marine species and offers important economic and recreational opportunities for the surrounding communities. The Oregon coast near Lakeside and Reedsport is a high wave -energy, dynamic ocean environment. General marine habitat features around the action area include soft bottom subtidal, some hard bottom, open water pelagic, and surf zone habitats. The terrestrial area surrounding the action area consists of coastal beaches and dunes, and low mountains of the Coast Ranges, covered in Douglas fir and Sitka spruce, along with residential housing. Oregon's beaches and coastal areas typically have mild temperatures, with mean summer temperatures in the low 60s (degrees Fahrenheit; °F) and mean winter temperatures in the low 40s (°F). Average annual precipitation is 75 to 90 inches. Strong winds typically strike in advance of winter storms and can exceed hurricane force. Winter weather, which is typically wet, is generally influenced by counterclockwise -rotating low-pressure systems that cross the North Pacific, resulting in frontal cyclonic storms characterized by heavy rains and high south to southwesterly winds. Summers are relatively dry and fair, with mild north - northwesterly winds, driven by a persistent, seasonal, offshore high, and frequent strong afternoon breezes and coastal fog. 4.1 Benthic Habitat Oregon's continental shelf is relatively narrow and extends about 10 to 46 miles off the coast. The Project sites are located close to shore; Lakeside is about 3.4 km and Reedsport about 5.0 km (Table 1) from shore. The benthos at both locations is composed of loose, unconsolidated sediments, mostly sand with a small percentage of silt and clay. The sediments present at this site are typical of much of the Oregon coast, with small variations in the concentration of fine -sized particles in the seafloor sediments due to local currents (Terrill et al. 2010, Hemery and Henkel 2016). Biological Evaluation— 17 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Trawl samples in the Reedsport area from 2009 determined that English sole, Pacific sanddab, butter sole, tomcod and Dungeness crab were the 5 most abundant species (in descending order; Terrill et al. 2010). The benthic infauna off Reedsport and Lakeside are expected to be comparable to PMEC-SETS and PMEC- NETS sites (30 to 70 m) off Newport, Oregon, which were surveyed in 2013-15 (Hemery and Henkel 2016). Here, thirty-nine macrofaunal taxa were collected during box core sampling, and species assemblages varied in response to depth and median grain size (Hemery and Henkel 2016). Mysid and crangonid shrimp were most abundant and likely form the basis of the food web in this nearshore zone. 4.2 Vessel Traffic and Navigation Waters in the vicinity of the Project are used by a variety of recreational, charter, and commercial boats. Vessel traffic is especially frequent near the mouth of Coos Bay, 25.7 km to the South of the Reedsport site, but both Winchester Bay (10 km North and 10 km South of Reedsport and Lakeside, respectively) and Florence (29.2 km North of Lakeside also support small harbors. Both sites are located in areas with heavy commercial fishing, especially trap fishing for Dungeness crab. Therefore, local mariners are accustomed to navigating in the presence of comparable obstacles. Sport and commercial fishermen from Reedsport and Florence put out thousands of crab pots each year during the Dungeness crab season (sport: November 30 — October 16; commercial: December 1 (typically) — August 14), but no data are available that would provide an estimate of the number and density of crab gear deployed in and around the project sites. Vessel use during deployment and retrieval will be minimal, requiring a single day of operations for each event (total=2 days). No vessel use is required or planned for operations, including data retrieval or maintenance, except in the unlikely event of a mooring failure. The buoys are equipped with GPS tracking technology designed to alert the monitoring team in the event that the buoy moves from the site; this effectively allows for a near -instantaneous notification of equipment failure and greatly facilitates gear recovery. The latter also reduces the effort and vessel activity necessary for recovery. For these reasons, vessel operations associated with the Project are not expected to exceed baseline conditions for vessel activity in the area. Commercial and recreational vessel activity is high along this part of the Oregon coast, and two additional vessel days over the course of a year do not add significantly to these conditions. Biological Evaluation— 18 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Section 5.0 Effects of the Action 5.1 Collision with project -related vessels The deployment and retrieval of project -related equipment require the operation of vessels. In transit to and from the vessel's homeport (Coos Bay) and as the vessel maneuvers during deployment and retrieval, sea turtles and marine mammals are, potentially, at risk as they surface to breathe or as they rest or bask at the surface. At or near the surface, these animals are at risk of being struck by vessels or their propellers. Injuries and their severity will depend on the speed and size of the vessel, the part of the vessel that strikes the animal, and the body part impacted. Injuries from boat strikes may include bruising, broken bones or carapaces, and lacerations. The R/V Miss Linda is a comparatively large vessel and collision, in the case of sea turtles and seals, could result in serious injury or death. Being much larger, whales are less likely to be killed by a collision, but they could be seriously injured by propellers. Consequently, in the course of all vessel operations (i.e., equipment deployment and retrieval), the following practices, based on NMFS PRD -recommended BMP, will be maintained to avoid vessel -whale collision (Laist et al. 2001) or collision with other marine animals, and reduce the likelihood of affecting the behavior of protected marine species: • Constant vigilance shall be kept for the presence of and marine mammals and, particularly, Federally - listed marine species; • Vessel speed will be adjusted to allow for animal density and for visibility (affected, for example, by low light or fog) to allow adequate reaction time to avoid marine animals; • When piloting vessels, vessel operators shall alter course to remain at least 100 yards from humpback whales and gray whales, and at least 50 yards from other marine mammals and sea turtles; • Reduce vessel speed to 10 knots or less when piloting vessels in the proximity of marine mammals; • Reduce vessel speed to 5 knots or less when piloting vessels in areas of known or suspected turtle activity; • Marine mammals and sea turtles should not be encircled or trapped between multiple vessels or between vessels and the shore; • If approached by a marine mammal or turtle, put the engine in neutral and allow the animal to pass; • All work (i.e., equipment deployment or retrieval) will be postponed when whales are within 100 yards, or other protected species are within 50 yards. Activity will commence only after the animal(s) depart the area; • Should whales or other marine protected species enter the area while in -water work is already in progress, the activity may continue only when that activity has no reasonable expectation to adversely affect the animal(s); and Biological Evaluation— 19 H. T. Harvey & Associates Oregon Wave Characterization September 2016 • No attempt to feed, touch, ride, or otherwise intentionally interact with any marine protected species will be made. Based on the low number of vessel trips expected to be conducted as part of the project (n=2), and on the expectation that vessel operators would carefully watch for and avoid protected marine species, and alter course and speed according to the NMFS PRD -recommended BMP, we consider the risk of collisions between project -related vessels and protected species to be discountable. 5.2 Collision or direct impact by project -related equipment and materials The proposed project involves the use of heavy equipment and the placement of project materials on the seafloor. These activities have the potential to directly strike ESA -listed marine animals should those animals be present when the equipment or project materials strike the bottom. Injuries and their severity will depend on the animal's proximity to the bottom when struck, the angle of the strike, and the body part impacted, but may include cuts, bruises, broken bones, cracked or crushed carapaces, and amputations, any of which could result in the animal's death. Animals could also be pinned to the bottom and drowned. Fast -swimming whales and other marine mammals could also collide with the gear, including the buoys and the buoy lines. These collisions could result in cuts or bruises, but more severe, immediate results seem unlikely. (Entanglements are addressed in section 5.4.) Once in place the buoys and the buoy mooring lines will move minimally over ground, mostly with wave action, and it is conceivable that a slow-moving marine animal (e.g., sea turtle basking at the surface) could be struck by the buoy or the buoy line, resulting in bruising or small cuts. Above the sea surface, the low profile of the surface gear (Waverider MKIII buoys) and the limited quantity of the gear deployed are such that neither of the listed sea birds, Marbled Murrelets and Short -tailed Albatross, is likely to collide with the above -water portion of the buoys or their antennae. We note that the antenna rises 35 cm above the buoy, raised above the water surface to a total height of less than 1 meter. Collisions, however effected, between whales or other marine animals and the project gear is highly unlikely due to the small number of buoys (2). Furthermore, the vessel operations practices (Section 5.1) require that work be postponed or halted when protected species are within 50 yards, and that deployment and retrieval processes be completed in a controlled manner (Section 2.4). Given that marine animals will likely avoid project areas on their own due to on-going activities, that vessel operation procedures limit deployment and retrieval activities unless or until the area is free of ESA -listed marine animals, and that all materials and equipment will lowered in a controlled manner, we have determined that the risk of those species listed in Table 2 (Section 3.1) being impacted by project related equipment and materials is discountable. Biological Evaluation— 20 H. T. Harvey & Associates Oregon Wave Characterization September 2016 5.3 Habitat and Prey Resources Due to the small project footprint, limited duration of a one year deployment, and removal upon completion, the project is expected to have minimal short-term physical effects on benthic and midwater habitats. No long term effects are anticipated. Any effects to the benthic community or any fishes attracted to the midwater structures are expected to be short-term and inconsequential due to the small scale of the project and short timeframe for deployment. The Project Area falls within the designated critical habitat of two listed species, the southern DPS of green sturgeon and the leatherback sea turtle. 5.4 Entanglement or entrapment The use of a minimal number of buoys (2) and a single device at the sea floor, the temporary duration of each deployment (52 weeks total) and the simplicity of the gear's basic exterior design, combined, support the conclusion that this project will have no adverse effect on the aforementioned fish species and is not likely to adversely affect the sea turtles, marine mammals or sea birds listed in Table 1, above. Specifically, we anticipate no adverse effects for the following reasons: 1. The quantity of gear and the duration of the project are expected to be correlated with the probability and magnitude of any potential effect on listed species or their environment. Sea turtles of all species, including leatherbacks, have been entangled in buoy lines for fishing gear (Adimey et al. 2014), but this appears to be a rare occurrence: Note, for example, the absence of trap -related sea turtle bycatch reported by Moore et al. (2009) in a recent review of U.S. fisheries. We emphasize that the phenomenon is not unknown (e.g., Lutcavage et al. 2001), however, considering the number of buoys in constant use in U.S. waters, the apparent rarity of this particular bycatch is compelling. We also note that the buoys and lines used in the Proposed Project are expected to maintain greater tension than those used to mark the commercial fishing gear referenced by Adimey et al. (2014). 2. Humpback, gray and blue whales have also become entangled in buoy lines, particularly those fixed to crab traps ("pots") (NOAA Fisheries unpublished data provided to the California Dungeness Crab Task Force2; see also Johnson et al. 2005, Cassoff et al. 2011). Crab pots, however, are deployed in high densities and the resulting concentration of lines and buoys likely represents a substantially more significant threat than the two buoys and their anchor lines to be used in this project. As noted with regard to leatherback turtle entanglement, two buoys are highly unlikely to entangle any of these whale species. We found no published reports of Killer whales entangled in buoy lines (though reports do include this species among those affected by other gear), perhaps owing to their greater agility and familiarity with macroalgae and navigational and fishing gear The California Dungeness Crab Task Force (DCTF) is a body established to review and evaluate Dungeness crab fishery management measures for California, and making recommendations to the Joint Committee on Fisheries and Aquaculture, the California Department of Fish and Wildlife, and the Fish and Game Commission. Biological Evaluation— 21 H. T. Harvey & Associates Oregon Wave Characterization September 2016 deployed in coastal areas. Killer whales, therefore, are also highly unlikely to become entangled in the gear deployed for the project proposed here. 3. The characteristics of the gear employed, too, minimize any potential effects; these buoys and the anchoring system employed are functionally comparable to the most basic of existing buoys, lines and anchors used currently on the Oregon coast and in coastal areas throughout the world for navigation, scientific research and fisheries. Furthermore, the deployment strategy includes measures to minimize the scope of the anchor lines and to maintain tension in those lines to avoid the formation of a bight or loop; these measures are specifically intended to reduce the likelihood of entanglement. In summary, two additional buoys deployed off the Oregon coast are exceedingly unlikely (a) to entangle any sea turtles, cetaceans or other marine mammal or (b) to contribute substantially to any cumulative adverse effect that buoys and their anchoring systems may have on listed marine organisms on the Oregon coast. Buoys and the lines and anchors used to keep them in place are exceedingly common in the coastal waters of the United States, including those of Oregon, where buoys placed for navigational, research or fisheries purposes are deployed over broad areas and in considerable numbers. The temporary deployment (one year) of the project gear will limit incremental, local effects to the benthos, and the small size of the gear, the limited number of buoys, and the minimal footprint of the proposed action further limit potential project -associated changes to the benthic and mid -water environment. 5.5 Exposure to wastes and discharges The project gear does contain batteries (Datacell RC20B (200 Wh black), 15 per buoy; one additional battery pack for the AWAK), which, if exposed to sea water, could leak toxic materials. No other source of potential waste or discharge, including antifouling compounds, is present. The likelihood of toxic discharge is very low due to the robust design of die buoys and the AWAC battery back—both have been designed expressly for deployment in the most demanding marine environments. Notification of failure of this sort would come in the form of an interruption to the real-time data stream, so the project team would be alerted to the existence of a problem (if not the exact source) within minutes or hours. 5.6 General disturbance Marine species encountering the project, post -deployment, could exhibit a response to the gear. This response may vary from a deliberate approach and investigation to a panicked flight in which the animal abruptly and rapidly leaves the area. Conceivably, an animal could injure itself in flight, but such an event would be highly unlikely. The small number of devices (2 buoys, 1 bottom lander) and their limited footprint (<20 square meters), as well as the temporary (12 -month) period of deployment support the expectation that this project will not contribute to any kind of a general disturbance to marine life in the Project area. Vessel activity associated with deployment and retrieval will be limited (2 days) and is also expected to make no substantial contribution to baseline vessel activities in the area. Note that vessel operations are limited Biological Evaluation— 22 H. T. Harvey & Associates Oregon Wave Characterization September 2016 according to the procedures listed in Section 5.1, further reducing the potential for an injury -producing avoidance response. Based on the best available information, we have determined that exposure to general disturbance would be infrequent and result in insignificant effects on the ESA -listed marine species that encounter project activities. 5.7 Other causes of effects of the action The devices employed do not generate any or significant levels of sound, electricity or electromagnetic energy, or heat above ambient environmental conditions. Natural environmental phenomena (e.g., surface waves), other buoys in the vicinity, such as those from commercial crab pots, as well as local vessel traffic not associated with the project are assumed to provide for a baseline level of acoustic energy substantially above anything produced by the two project buoys and their moorings. Magnetic or electrical fields may also be induced by the technology in the buoys and/or the A-1vVAC at the sea floor. If strong enough, artificial magnetic fields could affect navigation in some species, while electrical fields could affect prey detection and predatory avoidance behavior in others. The small size and low number of the objects deployed for this project, coupled with the electrical insulation employed by the technology to maintain proper function are expected to result in vanishingly small levels of these potentially disruptive conditions. Based on the low levels of expected heat loss from the buoys and the AWAC, combined with the high volumes of water expected to flow past them, the transmission of heat is expected to have negligible effects on water temperature, and as such to have insignificant effects on marine mammals and sea turtles in the area. Therefore, these causes are not expected to affect listed or protected species or their habitats. Biological Evaluation— 23 H. T. Harvey & Associates Oregon Wave Characterization September 2016 Section 6.0 Determination In conclusion, we have determined that DOE's Proposed Action of providing funding to the National Renewable Energy Laboratory for the Proposed Project (the "Model Validation and Site Characterization for Early Development MHK Sites and Establishment of Wave Classification Scheme – Wave Instrumentation Deployment" project) may affect, but is not likely to adversely affect ESA -listed leatherback sea turtles, killer whales, gray whales, humpback whales, blue whales, marbled murrelets or short - tailed albatross, with no destruction or adverse modification of designated critical habitat for green sturgeon or leatherback sea turtle. It is expected that there will be no effect to any of the listed fish species. Biological Evaluation— 24 H. T. 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