Within-Year Modification Request Form for FY 2008

 
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Table of Contents
Part 1. Administration and Budgeting
Section 1: General Administrative Information
Section 2: Description
Section 3: Related Projects
Section 4: Planning and Design
Section 5: Construction/Implementation
Section 6: Operations and Maintenance
Section 7: Monitoring and Evaluation
Section 8: Total Budget
Section 9: Project Documents
Part 2. Current Status of Modification Request
Part 3. Comments on this Modification Request


Part 1 of 3. Administration and Budgeting
Section 1: General Administrative Information
Process Information:
Date Proposal Submitted & Finalized Status BOG Meeting Date
May 27, 2009 Finalized June 3, 2009

Modification Type: FY 2008 Within-Year Ongoing
BPA Project Number: 200901700
BPA Project Name: TNC Willamette Wildlife Acquisitions
COTR/BPA Project Manager: Dorothy Welch
Agency, Institution or Organization Requesting Rescheduling: The Nature Consevancy
Funding Type: capital
Project Leader: Catherine Macdonald
Province: Lower Columbia
Subbasin: Willamette
 
Contact Person
First Name: Catherine
Last Name Macdonald
Address: 821 SE 14th
City, State Zip: Portland, Oregon
Phone: 503-802-8134
Fax: 503-230-9639
Email: cmacdonald@tnc.org

Administrative Contacts
Primary Administrative Contact Secondary Administrative Contact:
Name Theresa Koloszar Name Derek Johnson
Address: 821 SE 14th Ave Address: 821 SE 14th Ave
City, State Zip: Portland, OR 97214 City, State Zip: Portland, OR 97214
Phone: 503.802.8100 Phone: 503.802.8100
Fax: 503.802.8199 Fax: 503.802.8199
Email: tkoloszar@tnc.org Email: djohnson@tnc.org
Note: Note: Derek is project lead on the land acquisition and best contact for real estate questions.

Section 2a: Description (Species Information)
Target Species amphibians
bird species
duck
fish
herptiles
migratory waterfowl
neotropical migrant birds
raptors
resident fish
Ardea herodias (great blue heron)
Ascaphus truei (tailed frog)
Bufo boreas (western toad)
Castor canadiensis (american beaver)
Clemmys marmorata (western pond turtle)
Dendroica petechia (yellow warbler)
Empidonax traillii (willow flycatcher)
Haliaeetus leucocephalus (bald eagle)
Icteria virens (yellow-breasted chat)
Oncorhynchus kisutch (coho)
Oncorhynchus mykiss (steelhead)
Oncorhynchus tshawytscha (chinook)
Oregonichthys crameri (oregon chub)
Quercus garryana (oregon white oak)
Rana aurora (red-legged frog)
Rana cascadae (cascades frog)
Sturnella neglecta (western meadowlark)

Provide explanations as to why the following alternative funding solutions are not feasible and will jeopardize the project:
Reduction in existing scope of project: The proposed within year budget modification is seeking capital funds to acquire 1285 acres and 6 river miles on the Middle and Coast Forks of the Willamette River,and expense funds to complete inventories and baseline assessments and develop a management and mitigation plan. Funds approved for acquisition of 1084 acres of oak habitat have already been spent.
Deferral of existing work elements to later date: All existing work elements have been completed and funds spent and cannot be deferred to accomodate this proposed acquisition.

Section 2b: Description (Location Information)
Location(s) at which the action will be implemented
Latitude Longitude Location Description
T18S, R2, S6-10; T18S, R3W S1,1-12; Confluence of Middle and Coast Forks of the Willamette River to river mile 5 and 1 respectively

Is this/Are these the same study location(s) that was/were identified in the original proposal? No

Condition/situation creating the need for the modification:
Is the situation the result of a catastrophic event that occurred within the existing location? No
Has a habitat/population/mechanical/structural dilemma developed in the proposed study location since the contract was signed with BPA? No

Section 2c: Description (Work Element Information)
What work elements in the existing proposal does the proposed modification address?
Work Element Work Element Title
Conduct pre-acquisition and acquire land Complete an appraisal, hazardous materials assessment, Easement terms, MOA,negotiations with landowner, and acquire property
Prepare a HEP Report Complete a HEP Assessment of the Property
Produce Inventory or Assessment Complete Baseline Inventory of the Property
Produce Plan Produce a Mitigation and Management Plan

Proposed action to achieve the objective(s) We propose to modify the original scope of the project to acquire an additional 1285.1 acre tract that includes the confluence and lower six miles of the Middle and Coast Fork Willamette Rivers. If successful we will enter into a Purchase and Sale Agreement by August 2009 and complete pre-acquisition activities (approval of appraisal, MOA, Easement, NEPA checklist) and acquire the property by September 25, 2009. Following acquisition, we will complete a HEP report to document wildlife HU's for the project and complete a mitigation and management plan for the tract with input from BPA, the Army Corp of Engineers, ODFW, Lane County, Friends of Bufford Park and others. The plan will include roles and responsibilities for management and cost estimates for ongoing O & M and M & E.

Does not implementing this modification jeopardize the ability to achieve existing biological objectives of this project, as well as other projects? No

Explain: Not acquiring the 1285 acres on the Middle and Coast Forks of the Willamette would not jeopardize the existing project's biological objectives. However, the acquisition will contribute to the recovery of listed and other focal species in the Willamette Subbasin including Upper Willamette River spring Chinook salmon and Oregon chub and build on past federal, state, local and private investments in conservation in the Willamette Subbasin.

Section 2d: Description (BiOp Information)
NMFS and/or FWS Biological Opinion that this funding request addresses Strategy
NMFS &/or USFWS
How proposed actions will address the BiOp
(i.e., substrategy / limiting factor / metric to be achieved)
NMFS 2008 habitat Acquisition of 1285 acres and 6 miles of the Middle and Coast Forks of the Willamette River and surrounding floodplain habitats will secure management control to allow implementation of RPA 7.1 and RPA 7.2 from the Biological Opinion regarding the Willamette River Basin Flood Control Project. NMFS identified improving habitat in the lower reaches of the tributaries and the Willamette mainstem as being especially important until Upper Willamette River Chinook salmon and steelhead can pass safely upstream and downstream past the dams. Until this time, productivity and abundance of these species must rely on protecting and restoring downstream habitat. Further they noted that “even after other limiting factors are addressed that increase productivity (e.g., water temperature and/or fish passage), restoration of juvenile rearing habitat in reaches downstream of the dams will still be necessary to ensure adequate habitat is available for this life stage.” They recommend that these programs begin as soon as possible and that sufficient funds be allocated to this effort to achieve measurable habitat improvements. The project will directly secure restoration rights over 1285 acres and facilitate broader restoration of habitat and environmental flow on adjacent public lands.

Section 2e: Description (Objectives)
Objectives of this proposed project
Objective
(abbreviation)
Full Description
Improve Population Trends Protect and secure management control to enable restoration of floodplain forest, prairie and oak habitats at the confluence Middle and Coast Fork Willamette Rivers to improve population trends for Upper Willamette River spring Chinook, Oregon chub and 29 other Willamette Basin focal species.

Section 3: Is This Funding Request Related to Other Projects in the Basin?

Other projects that are related to this request
Project # Project Title/Description Nature of Relationship
199206800 Willamette Basin Mitigation The Wildish acquisition will contribute to Willamette Basin Mitigation Program objectives complementing Program land acquisitions and advancing goals of the Willamette Floodplain Study
199205900 Amazon Basin/Eugene Wetlands-Phase II The Wildish acquisition expands protection of habitat in the south Willamette Valley connected by the City and Counties Rivers to Ridgeline plan

Section 4: Estimated Budget for Planning & Design phase for this request (request amount only)

Work element-based estimated budget
Planning & Design
Objective Work Element Work Element Title Work Element Description Description of Metrics Task Duration
in FYs
Estimated Budget Subcontractor?

Outyear work element-based estimated 2009 - 2012 budget for this proposal
Planning & Design
Work Element Work Element Outyear Description Starting FY
numbers only
Ending FY
numbers only
Estimated cost

Outyear totals
Planning & Design

Section 5: Estimated Budget for Contruction/Implementation phase for this request (request amount only)

Work element-based estimated budget
Contruction/Implementation
Objective Work Element Work Element Title Work Element Description Description of Metrics Task Duration
in FYs
Estimated Budget Subcontractor?

Outyear work element-based estimated 2009 - 2012 budget for this proposal
Contruction/Implementation
Work Element Work Element Outyear Description Starting FY
numbers only
Ending FY
numbers only
Estimated cost
Land Purchase The Nature Conservancy secured a Fair Market Value Appraisal by a BPA approved appraiser dated April 2009. The appraisal is currently being reviewed by a BPA review appraiser. 2009 2009 $10,000
Land Purchase BPA will negotiate terms of the MOA and Conservation Easement with the Nature Conservancy and complete a hazardous materials assessment of the property and complete NEPA documentation 2009 2009 $10,000
Land Purchase BPA will wire funds to an escrow account for the purchase of the property 2009 2009 $13,800,000
Conduct Pre-Acquisition Activities The Nature Conservancy will draft a Purchase and Sale Agreement with a proposed closing date of September 25th, 2009. The Nature Conservancy will negotiate terms of the acquisition and if successful enter into a Purchase and Sale Agreement. 2009 2009 $5,000
Conduct Pre-Acquisition Activities The Nature Conservancy will complete terms of a Conservation Easement and MOA with BPA and provide a draft NEPA checklist to BPA. We will complete The Nature Conservancy's approval process to acquire the property. 2009 2009 $7,500
Conduct Pre-Acquisition Activities Title insurance and closing costs. 2009 2009 $3,000
Prepare HEP Report The Nature Conservancy will contract with a qualified wildlife biologist to develop a final HEP assessment of the property to set baseline conditions and help identify management needs for the property. 2010 2010 $15,000
Produce Inventory or Assessment The Nature Conservancy will complete inventories, map and characterize baseline conditions including habitat, native species, population, invasive plant & animal species, existing infrastructure, constraints to restoration and existing access/travel route 2010 2011 $40,000
Produce Plan With BPA, ACE, ODFW, Lane Co. Parks and others we will develop a management and mitigation plan. The plan will identify needs, assess roles and responsibilities and identify the best longterm manager for the property. 2011 2012 $50,000

Outyear totals
Contruction/Implementation
FY 2009 FY 2010 FY 2011 FY 2012
$ 0 $35,000 $45,000 $25,000

Section 6: Estimated Budget for Operations & Maintenance phase for this request (request amount only)

Work element-based estimated budget
Operations & Maintenance
Objective Work Element Work Element Title Work Element Description Description of Metrics Task Duration
in FYs
Estimated Budget Subcontractor?

Outyear work element-based estimated 2009 - 2012 budget for this proposal
Operations & Maintenance
Work Element Work Element Outyear Description Starting FY
numbers only
Ending FY
numbers only
Estimated cost
Manage and Administer Projects Manage Property to benefit fish and wildlife including: vegetation management, invasive species control, prescribed fire, access management, and project reporting. Major restoration actions are not included in the O & M budget 2010 2012 $450,000

Outyear totals
Operations & Maintenance
FY 2009 FY 2010 FY 2011 FY 2012
$ 0 $150,000 $150,000 $150,000

Section 7: Estimated Budget for Monitoring & Evaluation phase for this request (request amount only)

Work element-based estimated budget
Monitoring & Evaluation
Objective Work Element Work Element Title Work Element Description Description of Metrics Task Duration
in FYs
Estimated Budget Subcontractor?

Outyear work element-based estimated 2009 - 2012 budget for this proposal
Monitoring & Evaluation
Work Element Work Element Outyear Description Starting FY
numbers only
Ending FY
numbers only
Estimated cost
Collect/Generate/Validate Field and Lab Data We will collect, analyze and interpret data using recognized cost effective methods to inform adaptive management and restoration to benefit fish and wildlife. 2010 2012 $150,000

Outyear totals
Monitoring & Evaluation
FY 2009 FY 2010 FY 2011 FY 2012
$ 0 $50,000 $50,000 $50,000

Section 8: Total Budget Modification Request

Itemized Estimated Budget
Item Note FY 2008 Cost
Personnel BPA staff cost estimates $13,986
Fringe Benefits BPA staff cost estimates $6,014
Other Land $13,800,000
Other Closing Costs $25,000
Travel For negotiation, inspections, etc. $1,000

Total Estimated Budget Modification
Total FY 2008 budget modification $ 0
Total FY 2008 budget for this project, including modification request $ 0

Outyear Budget Totals
  2009 2010 2011 2012
Construction & Implementation $ 0 $ 35,000 $ 45,000 $ 25,000
Operations & Maintenance $ 0 $150,000 $150,000 $150,000
Monitoring & Evaluation $ 0 $ 50,000 $ 50,000 $ 50,000
Total Outyear Budgets $ 0 $235,000 $245,000 $225,000

Cost sharing associated with this modification
Organization Item or Service Provided Amount ($) Cash or in-kind?
Lane County Appraisal $40,000 Cash
The Nature Conservancy Appraisal Management & Landowner Negotiation $12,500 In-Kind
Army Corp of Engineers & Partners Restoration assessment and planning for the Middle & Coast Forks $1,450,000 In-Kind
OWEB Restoration Implementation (OWEB is interested in funding; we estimated their level of contribution $1,000,000 Cash
Meyer Memorial Trust Restoration assessment and planning for the Middle & Coast Forks; additional funds may be available $86,000 Cash

Section 9: Narrative, Maps and Project Documents
Document Type Size Date

Part 2 of 3. Current Status of Modification Request
Meeting Date Status Record Entry Date Decision Group Adjustment Category Urgency Status Budget Impact Reconsider Date
6/3/2009  5/27/2009  NA      Submitted  $ 0   
Decision Comments Next Steps
   
6/3/2009  6/3/2009  NA  Budget  CAT-4: Lost Opportunity  Under BOG Review  $13,846,000  8/15/2009 
Decision Comments Next Steps
  This request will be pooled up for the third quarter review with a decision in mid August. 
6/3/2009  8/12/2009  BPA  Budget    BPA Deferred  $13,846,000   
Decision Comments Next Steps
A BPA decision is deferred until request is brought back to BOG with update on status.   

Part 3 of 3. Comments on this Modification Request
There are no comments on this proposed modification.