Diamond Peak Pipeline, Storage Tank, Post/Pole Fence and Wetland Creation Project

Diamond Peak Pipeline, Storage Tank, post/pole fence and Wetland Creation Project

Final Biological Evaluation

USDA Forest Service Region 3 Lincoln National Forest Smokey Bear Ranger District Lincoln County, New Mexico March 18, 2016

For Information Contact: Larry Cordova (575) 630-3007

A. INTRODUCTION

This Biological Evaluation (BE) is responsive to the requirements of the Endangered Species Act to disclose the effects on listed species and their habitats. Additionally, this document provides a standard process to provide full consideration of federally proposed (P), endangered (E), threatened (T), and sensitive species (S) and their habitats and designated critical habitat in the decision-making process. For further information regarding the objectives, standards, and procedures used in this BAE process, see section 2672.4 of Forest Service Manual 2600.

More specifically, this BE will analyze in sufficient detail the proposed pipeline, storage tank and wetland creation project and determine the effects on federally endangered, threatened, and proposed species along with Forest Service Region 3 sensitive species. This BE will determine if these proposed activities will cause a sensitive species to trend toward listing. It will recommend mitigation measures to lessen effects and suggest any necessary monitoring.

B. DESCRIPTION OF LOCATION

This project is located within the Smokey Bear Ranger District of the Lincoln National Forest. The land within the assessment area was designated as Management Area 1-F in the Lincoln National Forest Land and Resource Management Plan, or “Forest Plan” (USDA-FS 1986). The primary management emphasis in this area is wilderness management.

The vegetation consists of piñon/juniper, blue grama, Arizona fescue and other grass and forb species. The elevation ranges from 6,800 feet to 6,850 feet.

C. PROPOSED MANAGEMENT ACTION

The proposed pipeline will connect to a windmill on private land (Diamond Peak Ranch) and be pumped to a new storage tank (5,000 gallon) and trough on National Forest Land. The drinker will have an overflow pipe that will flow into a newly created wetland that would provide a permanent drinking 2

source for wildlife and livestock. The wetland will be protected by a ½ acre post and pole fence. The proposed wetland will be approximately 30 feet by 30 feet and constructed with a dozer. Bentonite clay would be mixed into the existing soil and compacted to slow down the loss of water. Exposed soils will be mulched with straw and seeded to prevent erosion. Native plants will be established within and around the wetland. Grazing permittee will provide all labor required tor installation of the pipeline, installing the storage tan and trough, construction of the fence and the creation of the wetland. The only reliable water source currently is on private land approximately 1.1 miles from the proposed project (See Map).

The proposed pipeline from windmill to the proposed storage tank is approximately 1.1 miles. The total length of the pipeline will be buried.

Once the water is restored in this area, the water trough and the wetland will provide year round water to enhance wildlife and livestock needs in the Diamond Peak area. The trough will be provided with a wildlife escape ramps.

D. SPECIES IDENTIFICATION

Species lists developed by the Forest Service (Southwestern Region Regional Forester’s Sensitive Animal and Plant List, updated September 2012), the US Fish and Wildlife Service (FWS) and the New Mexico Department of Game and Fish (NMGF) were reviewed to determine which species are in need of being addressed in this BE. From these lists, the Lincoln National Forest developed a forest list of Endangered, Threatened, and Sensitive species. The lists in Section E below will be addressed in this BE. These species were selected based on species presence or species suitable habitat within the project area. A review of pertinent literature on these species was also conducted.

E. SPECIES EVALUATIONS

Species Excluded From Detailed Analysis

There are several federally listed species which are not discussed in this document due to lack of presence in the geographical area, unsuitable habitat conditions, and/or lack a high probability of occurrence on the Smokey Bear Ranger District. The following descriptions provide the rationale for excluding species from detailed analysis.

• Species which are not expected to occur on or near the Lincoln National Forest due to the range of the species, or lack of habitat, or which only occur on an incidental basis, and therefore will not be included in a detailed analysis. These species are found below:

Scientific Name Common Name Status Sterna antillarum Interior Least Tern E

Falco femoralis septentrionalis Northern aplomado falcon E

Empidonax traillii extimus SW willow flycatcher E 3

Eriogonum gypsophilum Gypsum wild-buckwheat T

Coryphantha sneedii var. sneedii Sneed pincushion cactus E

Coryphantha sneedii var. leei Lee pincushion cactus T

Helianthus paradoxus Pecos sunflower T

Gambusia nobilis Pecos gambusia E

Notropis simus pecosensis Pecos bluntnose shiner T

Gammarus desperatus Noel’s amphipod E

Juturnia kosteri Koster’s springsnail E

Assiminea pecos Pecos assiminea snail E

Pyrgulopsis roswellensis Roswell springsnail E

Penstemon debilis Parachute Beardtongue P

• Species which are not known to occur on or near the Smokey Bear Ranger District, though they may occur elsewhere on the Forest, and therefore will not be affected by the proposed actions. For this reason they will not be included in a detailed analysis. These species are found below:

Scientific Name Common Name Status

Ammodramus bairdii Baird’s sparrow S

Charadrius montanus Mountain Plover PT

Mustela nigripes Black-footed ferret E

Thomomys bottae guadalupensis Guadalupe pocket gopher S

Cratogeomys castanops Yellow-faced pocket gopher S

Peromyscus pectoralis laceianus White-ankled mouse S

Zapus hudsonicus luteus New Mexico Meadow Jumping Mouse E

Humboltiana ultima Northern threeband S

Holospira montivaga Vagabond hololspira S 4

Euphydryas anicia cloudcrofti Sacramento Mountains Checkerspot C butterfly

Ictalarus lupus Headwater catfish S

Sophora gypsophila var. Guadalupe mescal-bean S guadalupensis

Streptanthus sparsiflorus Guadalupe jewelflower S

Microthelys rubrocallosa Ladies tresses S

Hedeoma todsen Todsen’s pennyroyal E

Chrysothamnus nauseosus ssp. Guadalupe rabbitbrush S texensis

Aquilegia chrysantha var. chaplinei Chapline’s columbine S

Penstemon cardinalis ssp. regalis Guadalupe beard-tongue S

Argemone pleiacantha ssp. Sacramento prickly-poppy E pinnatisecta

Astragalus altus Tall milkvetch S

Cirsium vinaceum Sacramento Mountain thistle T

Cirsium wrightii Wright’s Marsh Thistle PT

Escobaria villardii Villard's pincushion cactus S

Ericameria nauseosa var. texensis Guadalupe Rabbitbrush S

Penstemon alamosensis Alamo Penstemon S

• Species which are not known to occur or have habitat in the project area, though they may occur elsewhere on the District, and therefore will not be affected by the proposed actions. For this reason they will not be included in a detailed analysis. These species are found below:

Scientific Name Common Name Status Comments

Strix occidentalis lucida Mexican Spotted owl T No suitable habitat identified. Found in mixed conifer habitat between 8,000 and 9,400 feet. This project is below 8,000 feet. 5

Buteo swainsoni Swainson’s hawk S Found in grassland mixed habitat below 5,000 feet in the summer only. Migrates to S. America in winter. The area has marginal habitat for this buteo. No known nest or past sighting have been noted in the vicinity. Athene cunicularia Western Burrowing owl C Found in grassland habitat below 5,000 hypugaea ft. No species have been noted in this area. The closest known population is located in the Capitan Divide area. Vireo bellii arizonae Arizona bell’s vireo S Found in riparian habitat below 5,000 ft. on the East side of District. No habitat exists in the project area. Vireo vaccinator Gray vireo S Found in pińon/juniper habitat below 7,000 ft. This bird is generally found near riparian areas within this habitat zone. The project area does not have any riparian habitat characteristics. No past sightings have been noted in this area of the District. Microtus longicaudus Long-tailed Vole S Found in forest and meadow habitat over 8,000 ft. No habitat exists. Rana blairi Plains leopard frog S Found in riparian habitat.

Etheostoma lepidum Greehthroat darter S Found in the Rio Bonito & Rio Ruidoso Rivers. Gila pandora Rio Grande chub S Found in the Rio Bonito & Rio Ruidoso Rivers. Oncorhynchus clarki Rio Grande cutthroat C Reintroduced population on the virginalis trout Northeast section of the Capitan Mountains (Pine Lodge drainage). Thamnophis proximus Arid land ribbonsnake S Found in riparian habitat below 6,000 ft. diabolicus in the East side of the District.

Crotalus lepidus lepidus Mottled rock rattlesnake S Found in rugged habitat below 6,000 ft. Marginal habitat does exist, however the project will not impact this species. Deroneotes Bonito diving beetle S Found in the Rio Bonito River. Found neomexicanus only in the lower reaches of the Bonito River and North Salado Creek. Fixsenia polingi Poling’s hairstreak S Found in Gray &/or Emory oak habitat below 7,000 ft. No habitat exists within the project area. Streptocephalus sp. Fairy shrimp S Found in intermittent wetlands/ponds and primarily in vernal pools. The closest known population exists in Blue Lake (Gavilan Ridge area). 6

Oreohelix nogalensis Cordova snail S Found on calcareous outcrops on Sierra Blanca. Ashmunella pseudodonta Capitan woodlandsail S Found in talus slopes.

Sorex nanus Dwarf shrew S Found in alpine/subalpine habitat. No additional habitat will be lost with the implementation of this project. Sorex neomexicanus New Mexico shrew S Found in mesic forest and meadows above 8,000 ft. No habitat exists in the project area. Accipiter gentilis Northern goshawk S Found in ponderosa pine and mixed conifer habitat. Goshawks are not known to utilize the area for foraging. Habitat favored by this accipiter does not exist in the project area. Passerina versicolor Varied Bunting S Found in brushy woodlands in lower elevations. Habitat is not suitable in the project area. Neotamias canipes Gray-footed chipmunk S Found in pine/mixed conifer habitat over 7,500 ft. Habitat for the Gray- footed chipmunk is not found in the project area. Tamiasciurus Ruidoso Red S Found in mixed conifer habitat with hudsonicus Squirrel interlocking crowns. No suitable habitat lychnuchus is found in the project area. Charadrius montnus Mountain Plover PT Found along riparian areas. No suitable habitat is found within the project site. Only seen during migration (Spring & Fall), not breeding season. Haliaeetus leucocephalus Bald eagle S Usually found near bodies of water; lakes and rivers. Found wintering along Grindstone Reservoir and Mescalero Lake (Nov. – March). Wintering populations have also been noted along the cliffs near Sunset Peak on the east side of the Capitan Mountains. This project will have no Impact. Falco peregrinus anatum Peregrine falcon S Found in open areas with steep rocky cliffs or inaccessible ledges for nesting. Usually found in close proximity to water bodies. There is no suitable habitat in the project area. Aneides hardyi Sacramento Mountain S Inhabits Douglas-fir and spruce forest at salamander elevations from 7,800 to 11,500. They are usually found under large woody debris, rocks, or within downed logs in various stages of decay. These species 7

are active during the monsoon period (July – September). No suitable habitat exists in the proposed project area.

• Species which may use the project areas on an incidental basis, or have minimal amounts of historic habitat, but do not depend significantly upon the area resources for their continued existence. No effect is expected from this project under the worst case. For this reason they will not be included in detailed analysis. These species are found below:

Scientific Name Common Name Status Comments Vireo vaccinator Gray vireo S Found in pińon/juniper habitat below 7,000 ft. This bird is generally found near riparian areas within this habitat zone. The project area does not have any riparian habitat characteristics. Bueto albonotatus Zone-tailed hawk S Occasional foraging. Primarily found in ponderosa pine or riparian areas below 8,000 ft. This project will not cause habitat loss. Spermophilus White Mountains S Found in grassland habitat in all tridecemlineatus ground squirrel elevations. White Mtn. Ground squirrel monticola may be found in the area. No habitat loss is expected with this project.

• The following species may use the project areas but the nature of the proposed action, the species' life histories, or their habitat requirements preclude measurable or detectable effects to individuals, habitats, or populations. For this reason they will not be included in the detailed analysis.

Scientific Name Common Name Status Comments Corynorhinus Pale Townsend’s big- S Cave habitat will not be altered. townsendii pallescens eared bat Euderma maculatum Spotted bat S Cave/rock crevice habitat will not be altered. Corynorhinus Pale Townsend’s big- S Cave/rock crevice habitat will not be townsendii pallescens eared bat altered.

• The Smokey Bear Ranger District’s records for the occurrence of threatened, endangered, proposed, and sensitive (TES) plant species were reviewed and include the following:

Scientific Name Common Name Status Comments Astragalus kerrii Kerr’s Milkvetch S No suitable habitat identified. Confined to the eastern half of the Capitan Mts. Found in wet environments (springs & Cirsium wrightii Wright’s Marsh Thistle PT wetlands) up to 8,000 ft. 8

This plant has been identified in the Eagle Creek drainage and within Turkey Canyon Crategus wootoniana Wooton’s Hawthorn S above 8,000 feet. This project will not impact any trees or shrubs in the project area. No suitable habitat identified. This plant is a showy orchid found on north slopes within montane conifer forest. Grows in Cypripedium parviflorum riparian areas from about 7,000 feet and Yellow Lady’s Slipper S var. pubescens above. Flowers in early May. Plant surveys did not identify this orchid in the project area. This project may enhance orchid habitat. Hexalectris spicata var. No suitable habitat identified. This orchid Arizona Coralroot S arizonica is found under oaks. No suitable habitat identified. Found in the higher elevations on the south and Ionactis elegans Sierra Blanca Cliff Daisy S east slopes of the Eagle Creek Drainage. Grows on rocky cliffs. No suitable habitat identified. Found in Lillium philadelphicum Wood Lily S wet meadows. Plant surveys did not identify this lily in the project area. No suitable habitat identified in the vicinity of the project area. Grows on the Penstemon alamosensis Alamo Penstemon S western slopes of the Sacramento Mountains. Grows in sheltered rocky areas on canyon sides and bottoms. No suitable habitat identified. Found in pińon/juniper habitat type in southern exposures. The project area was Echinocereus fendleri Kuenzler’s hedgehog E surveyed on August 7, 2013 with no var. kuenzleri cactus plants found. Most of the areas that would have ground disturbance are along the road prism. Allium gooddingii Goodding’s onion S No suitable habitat identified in the proposed project area. Found in montane and subalpine coniferous forest communities, 8,000 – 11,250 feet. Besseya oblongifolia Sierra Blanca kittentails S No suitable habitat identified in the proposed project area. Found in alpine meadows, 11,000 – 12,000 feet. Potentilla sierra-blancae Sierra-Blanca cinquefoil S No suitable habitat identified in the proposed project area. Found in subalpine-montane grassland community; often found growing on windswept areas with thin soil or rocky outcrops at 8,100- 11,975 feet. 9

Sedum integrifolium ssp. New Mexico stonecrop S No suitable habitat identified in the neomexicana proposed project area. Found on igneous soils in alpine tundra, scree-slopes and rocky opening in subalpine forest; 9,900- 11,800 feet. Species Analyzed in Detail

District records were reviewed as well as the district atlas in GIS. No threatened, endangered, or sensitive species will be affected by the proposed pipeline, trough, storage tanks, post/pole fence and wetland creation project on the Smokey Bear Ranger District. The Diamond Peak Pipeline, trough storage tank, post/pole fence and wetland creation Project will have “no effect” on any of the threatened and endangered species and will have “no impact” on any of the sensitive species listed in the section above.

The following key denotes the federal status of each species discussed above.

• S = sensitive • C = candidate • T = threatened • PT = proposed threatened • E = endangered • SC= species of concern

F. MITIGATION

No mitigation needed.

This concludes the BE for the Diamond Peak Pipeline, trough, storage tank, post/pole fence and wetland creation Project.

G. CONTACTS/CONTRIBUTORS

PERSON ORGANIZATION/UNIT CONTRIBUTION Rachel Suazo Assistant Range Staff General Information & USDA Forest Service Project Planning

Todd Rawlinson Habitat Specialist Review/Comments

Peggy Luensmann District NEPA Planner Review/Information

H. SIGNATURES

Preparer I prepared this Biological Evaluation and made the effects determinations:

Larry O. Cordova March 18th, 2016

Larry Cordova Date Wildlife Biologist USDA Forest Service Lincoln National Forest, Smokey Bear Ranger District 901 Mechem Dr., Ruidoso, NM 88345 [email protected] Office: (575) 630-3007 Cell: (575) 937-5151

I. LITERATURE REVIEWED/REFERENCES

Beier and Drennan 1997. Forest structure and prey abundance in foraging areas of northern goshawks. Ecological Applications 7: 564-371. Costello, Jones, Green, Hammond, Inman, Thompson, Deitner, and Quigley. 2001. A study of black bear ecology in New Mexico with models for population dynamics and habitat suitability. Final Report. Federal Aid in Wildlife Restoration Project W-131-R. Dahms and Geils 1997. An assessment of forest ecosystem health in the Southwest. US Forest Service, Rocky Mountain Forest and Range Experiment Station, SW Region, GTR-295. Denton 2006. Mexican spotted owl protected activity centers, pre-settlement plots, Smokey Bear Ranger District, Lincoln National Forest. Ecosystem Restoration Institute. Northern Arizona University. Unpublished Report. 21 pp. Fiala, Garman and Gray. 2006. Comparison of five canopy cover estimation techniques in the western Oregon Cascades. Forest Ecology and Management 232: 188-197. 11

Frey, Jennifer. 2006. Status of New Mexico Meadow Jumping in the Sangre de Cristo Mountains, New Mexico. Contractual report submitted to CSD, NMDept. Game and Fish. Frey, Jennifer. 2007. Density and Habitat of Red Squirrel in Five Study Areas on Lincoln National Forest, New Mexico. Contractual report submitted to Lincoln National Forest. Ghalambor and Dobbs 2006. Pygmy nuthatch: a technical conservation assessment. (online}. Us Forest Service, Rocky Mountain Region. http://www.fs.fed.us/r2/projects/scp/assessments/pygmynuthatch.pdf Grubb and King 1991. Assessing human disturbance of breeding bald eagles with classification tree models. Journal of Wildlife Management 55: 500-511. Hanks and Peddie 1974. Vegetation patterns of the White Mountains, New Mexico. Southwestern Naturalist 18: 372-382. Hedwall, Chambers, Rosenstock. 2006. Red squirrel use of dwarf mistletoe-induced witches’ brooms in Douglas-fir. Journal of Wildlife Management 70 (4): 1142-1147. Heffelfinger, Brewer, Alcala-Galvan, Hale, Weybright, Wakeling, Carpenter, and Dodd. 2006. Habitat guidelines for mule deer: southwest deserts ecoregion. Mule Deer Working Group, Western Association of Fish and Wildlife Agencies. 48 pp. Hoover and Wills 1984. Managing forested lands for wildlife. Colorado Division of Wildlife I cooperation with US Forest Service, Rocky Mountain Region, Denver Co. 459 pp. Hugh and Cameron 2001. Pygmy nuthatch. In: The Birds of North America, No. 567 (A. Poole and F. Gillieds). Philadelphia, PA. Accessed online. Jackman and Jenkins 2004. Protocol for evaluating bald eagle habitat and populations in California. US Fish and Wildlife Service, Endangered Species Division. Kamees 2002. Long-range plan for the management of wild turkey in New Mexico 2001-2005. new Mexico Department of Game and Fish, Santa Fe, NM. 31 pp. Koprowske, Leonard, Zugmeyer, and Jolley. 2006. Direct effects of fire on endangered Mount Graham red squirrels. The Southwestern Naturalist: 51 (1): 59-63. Kucera 2005. Juniper titmouse. California wildlife habitat relationships system. Database, version 8.1. California Department of Fish and Game. Kuhar, Kim. “Fire and Fuels Report” Bonito Forest Restoration Project, Revised. SBRD 2009 LaRue 1994. New Mexico Partners In Flight, Hawks Aloft. Online database. LeCount and Yarchin 1990. Black bear habitat use in east central Arizona. Arizona Game and Fish Department. Final Report. Technical Report 4. Sept. 1990. Accessed online: www.bison-m-org. McCaw, Candelaria, Johnson, and Mower. 2007. Sacramento salamander Aneides hardii annual report. Unpublished report on file at Lincoln National Forest Supervisor’s Office, Alamogordo, NM. Mendonca, Adam. Personal Interview covering aspects of VSS & SDI, SBRD 2009 12

NatureServe 2007. NatureServe Explorer: an online encyclopedia of life (web application). Version 6.2. Online at www.natureserve.org/explorer. NM Department of Game and Fish 2006. Mule deer of New Mexico. NM Department of Game and Fish, Santa Fe, NM. 3 pp. Online: www.wildlife.state.nm.us. Parsons, Zack. 2012. Little Bear Wildfire Burned Area Emergency Response Wildlife, Fish, and Rare Plants Report; June. [Ruidoso], NM: U.S. Department of Agriculture, Forest Service Lincoln National Forest, Smokey Bear Ranger District. 41 p. On file with: U.S. Department of Agriculture, Forest Service Lincoln National Forest, Smokey Bear Ranger District.

Pilliod, Bull, Hayes, and Wales. 2006. Wildlife and invertegrate response to fuel reduction treatments in dry coniferous forests of the western United States: a synthesis. US Forest Service, Rocky Mountain Research Station, RMRS-GTR-173. Ramontnik. 2007. Effects of the Scott Able fire on Sacramento Mountain salamander abundance and arthropod prey base. US Geological Survey, Administrative Report. 81 pp. Ramontnik. July 1997. Conservation Assessment of the Sacramento Mountain Salamander. USDA Forest Service. Rocky Mountain Research Station, Fort Collins, Colorado. 19 pp. Reynolds, Graham, Reiser, Bassett, Kennedy, Boyce, Goodwin, Smith, and Fisher.1992. Management recommendations for the northern goshawk in the southwestern United States. US Forest Service. Rocky Mountain Research Station GTR-RM-217. Rich, Beardmore, Berlanga, alancher, Bradstreet, Butcher, Demarest, Dunn, Hunter, Inigo-Elias, Kennedy, Martell, Panjabi, Pashley, Rosenberg, Rustay, Wendt, and Will. 2004. Partners In Flight North American Landbird Conservation Plan. Cornell Lab of Ornithology. Ithaca, NY. Partners in Flight website. www.partnersinflight.org/cont_plan (version: March 2005) Rustay and Norris 2006. New Mexico bird conservation plan. New Mexico Partners in Flight. Online: www.hawksaloft.org/pif (version 2.1). Salas 2006. Lincoln National Forest management indicator species assessment. US Forest Service. Unpublished Report on file at the Lincoln National Forest Supervisor’s Office, Alamogordo, NM. Sauer, Hines, and Fallon. 2007. The North American breeding bird survey, results and analysis. 1966- 2006. Version 7.23.2007. USGS Patuxent Wildlife Research Center, Laurel, MD. Online at www.mbr- pwrc.usgs.gov/bbs/bbs.html Slovlin 1982. Habitat requirements and evaluations. In: Thomas, Jack Ward; Toweill, Dale E, eds. Elk of North America: ecology and management. Harrisburg, PA: Stackpole Books: 369-414. Smith 2000. Wildland fire in ecosystems: effects of fire on fauna. US Forest Service, Rocky Mountain Research Station, GTR-42- vol. 1. U.S. Fish and Wildlife Service 2007. National Bald Eagle Management Guidelines. Online: www.wetlandstudies.com/doc: 14-15. 13

U.S. Forest Service 1986. Land and Resource Management Plan for the Lincoln National Forest, as amended (aka Forest Plan). US Forest Service, Southwestern Region, Albuquerque, NM. Online: www.fs.fed.us/r3/lincoln U.S. Forest Service 1999. Regional Forester’s Sensitive Species List, for Lincoln National Forest, Region 3. Unpublished. Available from Lincoln National Forest Supervisor’s Office, Alamogordo, NM. U.S. Forest Service 2003. Monitoring and evaluation report for Lincoln National Forest. Online: www/fs/fed/us/r3/lincoln U.S. Forest Service 2007b. Regional Foresters Sensitive Species List, for Lincoln National Forest, Region 3. Unpublished. Available from Lincoln National Forest Supervisor’s Office, Alamogordo, NM. Young and Greer. 2002. Characteristics of bolus nest of red squirrels in the Pinaleno and White Mountains of Arizona. The Southwest Naturalist, Vol. 47, No. 2. pp. 267-275.