Manti-La Sal National Forest Moab/Monticello

PROJECT NAME: Pine Ridge (Kimmerle) Uranium Exploration DATE: 7/05/2011

PROJECT LOCATION: San Juan County, Utah

PROJECT DESCRIPTION: The Manti-La Sal National Forest proposes to approve Kimmerle Mining LLC to drill 8 uranium exploration holes to a depth of approximately 560 feet. Drilling will be conducted with air on or along existing old uranium exploration roads in the Pine Ridge area.

The project is in the Coyote Wash drainage of the Upper Dolores watershed. The habitat is predominately pinyon/juniper woodland, with scattered ponderosa pine trees. The elevation is 7600 feet.

The following tables list the Endangered, Threatened and Sensitive (TES) species of wildlife, fish and plants known or suspected to occur on the Moab/Monticello District of the Manti-La Sal National Forest in Grand and San Juan Counties. This Biological Assessment/Evaluation considers the scope, magnitude and effects of the specific project, and will be documentation for assessment of these TES species that occur/may occur in the project area. Manti-La Sal National Forest Management Indicator Species (MIS) and other species of interest (migratory birds) are included in the Wildlife Report section of the analysis.

This analysis process serves to: • identify TES (threatened, endangered or sensitive) species that are potentially affected by the proposed action • comply with the Endangered Species Act requirement that actions of Federal agencies not jeopardize the continued existence of a federally listed species or adversely modify designated critical habitat (ESA, 1973 as amended, section 7) • ensure that Forest Service actions do not result in the loss of viability of any native or desired non-native plant or animal species, or create trends toward Federal listing of any species (FSM 2670.2, 2671.4, 2672.1) • provide a process and standard that ensures that threatened, endangered, proposed and sensitive species receive full consideration in the decision making process (FSM 2672.4) • maintain documentation on actions regulated under the “Environmental Policy and Procedures Handbook” (FSH 1909.15).

Manti-La Sal National Forest Moab/Monticello District Pine Ridge Uranium Exploration Drilling - BA/BE and Wildlife Report Page 1 of 9 The District biologistlbotanist reviewed this project, assessed the scientific literature and information on species distributions and habitat (using one or more of the following: field reconnaissance, previous surveys plus recent survey data from the project area, topographic and vegetation maps and aerial photos), and then analyzed the potential for impacts to all federally listed and Region 4 sensitive species. The scientific names, life history, current status and population trends for the wildlife and plant species considered in this document are summarized in a separate document (MLNF 2011a). The available information is complete and adequate for the analysis bf the direct/indirect effects of the project Consideration of the aforementioned material constitutes use of the best available science. Ifthe project was determined to have no effect or no impact, this determination was based on one or more of the following criteria:

1. Habitat for the species is not present in the proj ect area. 2. Habitat for the species is present but the species does not occur in this area. 3. Habitat for the species is present, the species occurs or may occur in the project area, but the project would not have any direct, indirect or cumulative effects on this species.

Rationale for the determinations is detailed in the comments section of the report.

Matrix Legend

Federallv Listed Species Forest Service Sensitive Species No Effect No Impact NLAA - May Affect, Not Likely to Adversely Affect May Impact - May Impact Individuals or their Habitat, But Will Not Likely Contribute To LAA - May Affect, Likely to Adversely Affect A Trend Towards Federal Listing or Loss of Population Viability WIFV - Will Impact Individuals or Their Habitat That May Contribute To A Trend Towards Federal Listing or Cause A Loss ofPopulation Viability

Reviewed and Approved by

l3~cyr~ DATE 7/ A"J.//J BARB SMITH • WILDLIFE BIOLOGISTIBOTANIST

~~ DATE 'l(;}l (

A. WILDLIFE Federally Listed Threatened, Endangered, Proposed, and Candidate Species, USFWS 2011

SPECIES STATUS DETERMINATION COMMENTS

Black-footed Ferret E No Effect Does not occur in the project area.

California Condor E No Effect Does not occur in the project area. The Moab/Monticello district is 150 miles from the release site. Nesting has not occurred in Utah.

Mexican Spotted Owl T No Effect The project area is not within designated critical habitat, and the nearest known PAC is over 30 (MSO) miles away. The area is not in suitable breeding/roosting habitat. The proposed action would not adversely modify or affect Mexican spotted owls or their habitat.

Southwestern Willow E No Effect This riparian-obligate species is not known to occur on the Moab/Monticello district. No suitable Flycatcher riparian habitat occurs in the project area.

Yellow-billed Cuckoo C No Effect No suitable habitat has been identified, and the species is not known to occur on the Moab/Monticello district.

Gunnison sage-grouse C No Effect No suitable habitat has been identified in the project area, and the species is not known to occur on the Moab/Monticello district. The valleys below Pine Ridge, around La Sal and Old La Sal historically supported Gunnison sage-grouse populations.

Status: T - Federally Listed As Threatened, E - Federally Listed As Endangered, C - Federal Candidate Species

WILDLIFE USFS Region 4 Sensitive Species

SPECIES DETERMINATION COMMENTS

Western Big-eared Bat No Impact No suitable cave or mine roosting habitat for western big-eared bats would be impacted by the proposed project.

Spotted Bat No Impact No suitable cliff roosting habitat for spotted bats would be impacted by the proposed project.

Bighorn Sheep No Impact Does not occur in the project area.

Bald Eagle No Impact Bald eagles are not found on the Moab/Monticello district during breeding season. Eagles may migrate through or winter in the general area, but there are no suitable water bodies or roosting habitat present in the project area.

Northern Goshawk May Impact Suitable foraging or winter habitat is present in the project area. There is a nesting territory 0.7 miles away, and the project is within the designated 600 acre PFA. The territory is not active in 2011, so the temporary project activity would not impact goshawk breeding. There may be short-term disturbance and limited impacts (small openings, improved roads, minimal vegetation removal) to potential foraging or winter habitat. Potential impacts are minimized through stipulations in the Operating Plan and the required reclamation of the drilling sites. Flammulated Owl May Impact Flammulated owls were recorded in the ponderosa pine habitat type during the 1990-1991 MSO surveys (HDRC 1990, 1991). As a nocturnal, cavity-nesting species, flammulated owls are not readily sensitive to temporary disturbance from drilling activities. However, the activities may result in some behavioral/avoidance effects to foraging activity. The proposed activity would not alter or destroy suitable habitat. Peregrine Falcon No Impact There are no direct or indirect impacts from the proposed action, as the project area is further than 10 miles from any known nesting territory and is not in habitat usually used by peregrine falcons. Three-toed Woodpecker No Impact No suitable forested breeding or foraging habitat in the project area.

*Greater sage-grouse occur only on the North Zone of the Manti-La Sal National Forest, not on the Moab/Monticello District.

ADDITIONAL COMMENTS/RATIONALE: There are no effects to any federally listed T&E wildlife species.

The proposed activities may temporarily impact foraging behavior, but would not likely contribute to a trend towards Federal listing or a loss of population viability for the northern goshawk and flammulated owl. There are no impacts to other R4 sensitive wildlife species.

B. FISHERIES & AMPHIBIANS Federally Listed Threatened, Endangered, Proposed, and Candidate Species, USFWS 2011

SPECIES STATUS DETERMINATION COMMENTS

Bonytail E No Effect None of the endangered Colorado River fish species occur on the Manti-La Sal National Forest (MLNF), but are present in drainages that receive water originating on the MLNF. The project area Colorado Pikeminnow E No Effect is in the Coyote Wash drainage of the Upper Dolores River watershed. There is no water depletions associated with the proposed activity. The proposed action would not have a measurable effect on the quantity or quality of water in the Colorado River system. Humpback Chub E No Effect

Razorback Sucker E No Effect

Greenback cutthroat T No Effect Greenback cutthroat trout are known from one drainage far upstream on the La Sal Mountains, and trout do not occur in lower Coyote Wash.

Status: T - Federally Listed As Threatened, E - Federally Listed As Endangered, C - Federal Candidate Species

FISHERIES & AMPHIBIANS USFS Region 4 Sensitive Species

SPECIES DETERMINATION COMMENTS

Colorado River / No Impact The proejct would not directly impact riparian habitat, and proper management actions to control erosion and Greenback Cutthroat associated sedimentation to the perennial streams would be followed. There would be no adverse impacts to Trout habitat quantity/quality or direct impact to streams/watersheds that contain populations of native cutthroat trout. *Bonneville cutthroat trout, southern leatherside chub, Columbia spotted frog and boreal toad have the potential to occur on the North Zone of the Manti- La Sal National Forest, not the Moab/Monticello District.

ADDITIONAL COMMENTS: The northern leopard frog (Rana pipiens) was recently petitioned for listing (USFWS 2011). It may occur in the general area of Pine Ridge, and there are historic observations in the Natural heritage database. There is no perennial water or perennial drainages associated with the project area. The project does not directly impact any riparian habitat.

There are no effects to any federally listed T&E fish species. There are no impacts to R4 sensitive fish species.

C. PLANTS Federally Listed Threatened, Endangered, Proposed, and Candidate Species, USFWS 2011

SPECIES STATUS DETERMINATION COMMENTS COUNTY LIST

Navajo Sedge T No Effect Project area is outside the range of the species. San Juan

Status: T - Federally Listed As Threatened, E - Federally Listed As Endangered, C - Federal Candidate Species

PLANTS - USFS Region 4 Sensitive Species that occur on the Moab/Monticello District, Manti-La Sal National Forest*

SPECIES DETERMINATION COMMENTS

Abajo Daisy No Impact Project area is outside the range of the species.

Abajo Peak Draba No Impact Project area does not contain suitable habitat for this species.

Canyonlands Lomatium No Impact Project area does not contain suitable habitat for this species.

Chatterley Onion No Impact Project area is outside the range of the species.

Isely’s Milkvetch No Impact Project area does not contain suitable habitat for this species, which has very specific soil requirements. The project area is above the elevation range for the species, and adjacent to a canyon with soils in the Brushy Basin member of the Morrison formation. Soils at the project drilling sites are in the Burro Canyon formation.

Kachina Daisy No Impact Project area does not contain suitable habitat for this species.

La Sal Daisy No Impact Project area does not contain suitable habitat for this species.

Pinnate Spring-Parsley No Impact Project area is outside the range of the species.

Sweet-flowered Rock No Impact Project area does not contain suitable habitat for this species. Jasmine

*Other plant species on the R4 Sensitive Species list for the Manti-La Sal National Forest (Arizona willow, canyon sweet-vetch, Carrington daisy, Creutzfeldt-flower, Link Trail columbine, Maguire campion, Musinea groundsel) occur only on the Manti portion of the Forest.

ADDITIONAL COMMENTS: No federally listed plant species are known to occur on NFS lands in San Juan County, Utah. These plant species are restricted to very specific microhabitats that do not occur on the Moab/Monticello District.

The sensitive plant species; Abajo daisy, Abajo Peak draba, Canyonlands lomatium, Chatterley onion, Isely’s milkvetch, Kachina daisy, La Sal daisy, pinnate spring-parsley and sweet-flowered rock jasmine, do not occur in the project area and would not be impacted by the proposed action.

D. Manti-La Sal National Forest Management Indicator Species (MIS)

SPECIES STATUS COMMENTS

Mule Deer MIS The proposed action would have no long-term impact on deer and elk habitat, including cover:forage ratios. There may be temporary disturbance and avoidance of the project area from the increased traffic and human activity, but Rocky Mountain Elk MIS deer and elk use of the area is relatively low due to the lack of water in the area, so few animals would be affected.

Abert’s Squirrel MIS There is limited suitable ponderosa pine habitat in the project area, so there would be no impact to Abert’s squirrel populations. Golden Eagle MIS The proposed action includes no activities that would cause disturbance or abandonment of a nesting territory, and would have no impacts to golden eagle population trends. The closest nest is 1.4 miles away, outside the recommended spatial buffer (Romin and Muck 2002) and on BLM-administered land. Northern Goshawk MIS By following the goshawk amendment guidelines in the Manti-La Sal National Forest Land and Resource Management Plan, no measurable direct or indirect impact from the proposed action on population trends for northern goshawk is expected. Surveys and monitoring of the nearest territory (0.7 miles from the project area) were conducted in 2010 and 2011, and no goshawks were detected or breeding activity recorded. Macro-invertebrates MIS No site-specific surveys of aquatic macroinvertebrates have been conducted and no site-specific monitoring is proposed for this project. Monitoring will continue at baseline stations to characterize Forest-wide conditions; data analysis will be in cooperation with the Utah Division of Water Quality. The proposed action would have no measurable impact to water quality.

ADDITIONAL COMMENTS: The proposed action is consistent with applicable Manti-La Sal National Forest Land and Resource Management Plan objectives, standards and guidelines for Management Indicator Species (C01,01 on page III-19-20) and Forest-wide Wildlife and Fish resource management (C01-01, 02, and 04). The project area is in a range management emphasis area. The proposed action would not impact vegetation structure or function. Due to the limited scope and intensity of the proposed action on NFS lands, there would be no measurable effects to populations/trends of any management indicator species.

No MIS are specifically suitable to monitor impacts to wildlife populations for such a small project. Required Forest Plan monitoring for all MIS species will be continued. The required surveys for northern goshawk were conducted in the project area and adjacent suitable nesting habitat, and no nesting territories will be impacted.

E. Migratory Birds*

PRIORITY SPECIES OR SPECIES OR HABITAT OF COMMENTS HABITAT PRESENT? PRIORITY SPECIES POTENTIALLY AFFECTED?

Yes Yes There are priority migratory bird species that may be impacted by the proposed activities as they do occur in the project area in suitable habitat. The impacts would be to individuals, not populations. The proposed drilling activity is temporary, would occur after the breeding season and would not alter habitat structure or availability. There would be only minor, non-measurable effects. The species that may occur in the project area are: Black-throated gray warbler, broad-tailed hummingbird, Grace’s warbler, gray vireo, juniper titmouse, pinyon jay and Virginia’s warbler (MLNF 2010). *Migratory birds selected for this analysis are: Utah Partners In Flight Avian Conservation Strategy Priority Species (Parrish et al 2002), USFWS Birds of Conservation Concern 2008 – Southern Rockies/Colorado Plateau species (USFWS 2008) and Utah Comprehensive Wildlife Conservation Strategy Tier I-III species (UDWR 2005). The species considered and their primary habitats are summarized in the life history report (MLNF 2011a).

Forest Plan consistency: This project will comply with applicable Forest-wide direction under Wildlife and Fish resource management (USDA Forest Service 1986).

Discussion of Extraordinary Circumstances: Forest Service policy directs that a project may be categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if there are no extraordinary circumstances. Included in the list of resource conditions that should be considered in determining whether extraordinary circumstances warrant further analysis and documentation in an EA or and EIS are: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. Presence of one or more of these resource conditions does not in itself constitute an extraordinary circumstance. It is the degree to which the proposed action could potentially affect one of these resources that determines whether an extraordinary circumstance exists.

The determination was “No Effect” for all federally listed Endangered or Threatened species and critical habitat.

For the sensitive species northern goshawk and flammulated owl, the proposed activity may temporarily impact individuals but will not likely contribute to a trend towards federal listing or loss of population viability. There are no long-term impacts to habitat suitability and no cumulative effects. The determination for other sensitive wildlife and aquatic species was “No impact” from the proposed action. There is a “No Impact” determination for all sensitive plant species. It is my opinion that no extraordinary circumstances exist for biological resources that would preclude the use of a categorical exclusion for the proposed uranium exploration drilling project.

LITERATURE CITED:

High Desert Research Collective. 1990. 1990 Mexican Spotted Owl Inventory in the Fishlake and Manti-La Sal National Forests. Unpublished report for Forest Service Contract No. 53-8462-0-07004, submitted by David Willey.

High Desert Research Collective. 1991. Final Report Mexican Spotted Owl Surveys in Forested Highlands and Adjacent Canyonlands in Southern Utah. Unpublished report for Forest Service Contract Nos. 53-8462-0-07007 and 53-8462-0-07008, submitted by David Willey.

Manti-La Sal National Forest (MLNF). 2011a. Life history and status summary for federally listed, USFS sensitive, MLNF management indicator and migratory bird species of concern including terrestrial and aquatic wildlife and plant species. Report prepared by B. Smith, May 2011.

Manti-La Sal National Forest (MLNF). 2011b. TES plant survey and Element Occurrence reports, Robertson Pasture Trail Project. June 28, 2011.

Manti-La Sal National Forest (MLNF). 2010. Pine Ridge breeding bird point-count transect data summary. Moab/Monticello District wildlife files.

Parrish, J.R., F.P. Howe and R.E. Norvell. 2002. Utah Partners in Flight Avian Conservation Strategy Version 2.0. Utah Partners in Flight Program, Utah Division of Wildlife Resources. UDWR Publication No. 02-27.

Romin, L.A. and J.A. Muck. 2002. Utah Field Office Guidelines for Raptor Protection from Human and Land use Disturbances. U.S. Fish and Wildlife Service, Utah Field Office, Salt Lake City, UT. January 2002 update.

USDA Forest Service. 1986. Manti-La Sal National Forest Land and Resource Management Plan, as amended. Manti-La Sal National Forest, Price, UT.

USDA Forest Service. 2010. Intermountain Region (R4) Threatened, Endangered, Proposed and Sensitive Species, February 2011 update. Ogden, Utah.

USDI Fish and Wildlife Service (USFWS). 2011. Federally listed and proposed, endangered, threatened, experimental, and candidate species and habitat in Utah by county, updated February 2011. Mountain-Prairie Region, Utah Field Office, Salt Lake City, UT.

USDI Fish and Wildlife Service (USFWS). 2008. Birds of conservation concern 2008. Division of Migratory Bird Management, Arlington, VI. 85pp. [Online version available at http://fws.gov/migratorybirds/]

Utah Division of Wildlife Resources (UDWR). 2005. Utah Comprehensive Wildlife Conservation Strategy. Utah Division of Wildlife Resources. Salt Lake City, Utah.