Biological Evaluation for the Juniper Flats Road Bureau of Land Management Right-of-Way Project

Prepared for Juniper Flats Road Maintenance Association and Bureau of Land Management Tucson Field Office 3201 East Universal Way Tucson, Arizona 85756

Prepared by RECON Environmental, Inc. 1927 Fifth Avenue San Diego, CA 92101 P 619.308.9333

RECON Number 8585

May 22, 2017

Susy Morales, Environmental Planner

Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 TABLE OF CONTENTS

2 1.0 Introduction ...... 1

3 2.0 Study Area ...... 1

4 3.0 Description of the Proposed Action ...... 4

5 4.0 Methods ...... 5

6 5.0 Existing Conditions/Biological Setting ...... 5

7 5.1 Vegetation ...... 6

8 5.2 Wildlife ...... 7

9 5.3 Federally Listed Species ...... 7 10 5.3.1 Jaguar ...... 8 11 5.3.2 Ocelot ...... 10 12 5.3.3 Lesser Long-nosed Bat ...... 11 13 5.3.4 Effects Determination ...... 12 14 5.3.5 Conservation Measures ...... 13 15 5.3.6 Cumulative ...... 14 16 6.0 Conclusions ...... 14

17 7.0 References Cited ...... 15 18 FIGURES

19 1: Regional Location ...... 2 20 2: Project Location on USGS Map ...... 3

21 TABLE

22 1: USFWS Federally Listed Species for the Project Area In Cochise County, Arizona ...... 9

23 ATTACHMENTS

24 1: USFWS List of Federally Protected Species Potentially Occurring in the Project Area 25 2: AZGFD On-line Environmental Tool 26

27

Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 1.0 Introduction

2 The Juniper Flats Road Maintenance Association, Inc. (JFRMA) is requesting a road right-of- 3 way (ROW) permit to improve and maintain a spur road within Bureau of Land Management 4 (BLM) administered lands that connects to the existing Juniper Flats Road for access to private 5 property. Portions of Juniper Flats Road are located on lands administered by the Bureau of 6 Land Management (BLM).

7 As a component of environmental studies needed to assess existing conditions within the BLM 8 ROW, a Biological Evaluation (BE) of the project area was conducted. The intent of this BE is to 9 identify the vegetation communities and other natural resource features within the ROW and to 10 determine the potential presence of federally listed threatened and endangered species, BLM 11 sensitive species, and Arizona Game and Fish Department (AZGFD) wildlife of special concern. 12 This BE will also assess if the Proposed Action may affect threatened, endangered, or 13 candidate species, or their designated critical habitat, that would require informal or formal 14 consultation or conference with the U.S. Fish and Wildlife Service (USFWS) pursuant to the 15 Endangered Species Act (ESA).

16 The Proposed Action includes improvement of 2,950 feet of a spur road within BLM 17 administered lands that connects to the existing Juniper Flats Road. The existing jeep trail 18 (10 feet wide) would be widened to 14 feet and improved, requiring approximately 2.69 acres 19 overall. The JFRMA has submitted a BLM ROW application to obtain legal access to private 20 property and authorization of the roadway improvements. JFRMA has obtained an Arizona 21 State Land Department lease (Lease Number 18-117940, issued on October 29, 2015) for 22 access across the State Land ROW along Juniper Flats Road. No Cochise County easement or 23 grading permits were required.

24 2.0 Study Area

25 The Juniper Flats Road Project Area is located approximately 3.5 miles northwest of Bisbee, in 26 Township 22 South, Range 23 East, Section 25, Gila and Salt River Baseline Meridian, Cochise 27 County, Arizona (Figure 1). The JFRMA also proposes ROW access to two sections of Juniper 28 Flats Road that cross BLM administered lands in Township 22 South, Range 24 East, Section 29 31 (Figure 2).

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1 3.0 Description of the Proposed Action

2 The Proposed Action is issuance of a ROW grant from the BLM that would allow access through 3 public land to the adjoining private property, along with approval of proposed road 4 improvements to the existing Juniper Flats Road. The Proposed Action includes improvement of 5 2,950 feet of an existing spur road within BLM-administered lands that connects to the existing 6 Juniper Flats Road. The existing jeep trail would be widened and improved, requiring 7 approximately 2.69 acres overall.

8 Currently, the Juniper Flats Road spur is 10 feet wide. Under the Proposed Action, 9 approximately 2,950 feet of a spur road within BLM administered lands would be widened and 10 improved to 14 feet within a 40-foot easement, requiring approximately 2.69 acres overall (see 11 Figure 2). Within three small drainage areas, culverts would be needed to stabilize the drainage 12 and control storm flow. At drainage 1, an 18-inch diameter corrugated metal pipe (CMP) at a 1 13 percent slope would be added, with no flared ends or energy dissipater needed. At drainage 2, 14 three 24-inch diameter CMP culverts with flared ends at a 3 percent slope would be needed, 15 with a 10-foot energy dissipater consisting of stone riprap. At drainage 3, two 18-inch diameter 16 CMP culverts with flared ends at a 2 percent slope would be added, with no energy dissipater 17 needed.

18 The improved dirt road would accommodate light (primarily passenger cars and light trucks) 19 vehicle traffic. No major structures within the easement are required. Under 20 vehicle trips per 20 day are anticipated with a speed limit of 25 miles per hour.

21 Construction activities would be conducted within the 40-foot easement. Construction 22 equipment storage would be within adjacent private land of the dominant estate located at the 23 north end of the existing jeep trail (see Figure 2).

24 The proposed roadway alignment and easement would be staked by JFRMA under surveyor 25 supervision. Once the 14-foot alignment is staked, vegetation within the alignment would be 26 cleared. All plant debris would be hauled to the Cochise County plant recycling facility in Sierra 27 Vista, Arizona. Some plant debris may be used as water absorption material to prevent silt 28 runoff along the roadway edges, upon approval by BLM.

29 The existing jeep trail would be graded and compacted to refurbish and widen the roadway to 30 14 feet. A one- to three-inch crushed rock and fine material topping would be spread on the 31 graded road surface.

32 In order to implement the proposed road improvements, it is anticipated that one bulldozer 33 and/or excavator, one backhoe, two to three 10-wheel dump trucks, two light duty pickup trucks, 34 and three to five drivers and workers would be needed during construction. It is estimated that 35 approximately 40 trips would be needed for 10-yard truckloads of one-inch crushed rock and 36 fine material needed to cover the graded roadway area.

Page 4 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 No soil replacement or stabilization would be needed after grading because the roadway edge 2 would be at or near the natural grade. Any agave located within the 14-foot alignment would be 3 avoided. Any areas outside the 14-foot roadway disturbed during construction would be 4 reseeded using native grass seeds.

5 During proposed work, the construction area ROW would be closed to vehicle traffic. Physical 6 barricades would be placed along Juniper Flats Road in front of the construction area, and 7 signage stating road closure (e.g., ‘Road closed, contact JFRMA for further information.’) would 8 be posted until construction activities are completed. Once construction is complete, anticipated 9 signage needed may include posting signs such as: ‘No outlet, limited turnaround at end of road 10 3/5 mile’.

11 JFRMA and its construction contractor(s) will prepare and conduct a Safety Program in 12 compliance with all applicable Federal, state, and local safety standards and requirements, as 13 well as JFMRA’s and/or contractor(s) company general safety practices and policies. This 14 Safety Program would include, but is not limited to: procedures for accident prevention, use of 15 protective equipment, medical care of injured employees, safety education, fire prevention and 16 protection, and general health and safety of the public, personnel, and employees. Additionally, 17 JFRMA will supervise all construction and contractor activities to ensure that the Safety 18 Program is kept in full compliance and take appropriate measures as necessary should the 19 contractor(s) fail to comply with the Safety Program.

20 4.0 Methods

21 Prior to visiting the project area, RECON Environmental, Inc., obtained a U.S. Fish and Wildlife 22 Service (USFWS) list of federally protected species potentially found in the area (USFWS 2017; 23 Attachment A). A list of wildlife of concern known to occur within 3 miles of the project area was 24 generated using the AZGFD On-line Environmental Tool (AZGFD 2017; Attachment B). A field 25 reconnaissance and evaluation of the project area was conducted on 2 May 2017. Qualified 26 biologists examined the project area and evaluated characteristics including vegetation, wildlife, 27 topography, geologic features, land use, and soils.

28 5.0 Existing Conditions/Biological Setting

29 The project area is located within the Mule Mountains in the south-central portion of Cochise 30 County, Arizona. The Mule Mountains have a semi-arid climate with seasonal precipitation, 31 warm summers, and cool winters. The project area is located east of the Juniper Flats and west 32 of Juniper Peak within the Mule Mountains. The terrain in the project area consists of slopes 33 and canyons. Portions of the existing Juniper Flats Road are maintained and graded regularly. 34 The northern portion (spur road) of the road consists of a rough unimproved jeep trail that 35 requires a 4-wheel drive to access.

Page 5 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 5.1 Vegetation

2 The project area is located on the predominately west-facing slope of the Mule Mountains in 3 southern Cochise County, Arizona. The elevation ranges from 6,600 to 6,800 feet. The 4 dominant vegetative community is Cercocarpus (mountain mahogany) scrub.

5 The project area was walked in transects to observe all vegetation. No plants listed on the BLM 6 Sensitive Species List were observed. Listed species with the potential of occurring in the 7 general area (Mule Mountains) include Pima Indian mallow (Abutilon parishii), Dalhouse 8 spleenwort (Asplenium dalhousiae), Gentry indigo bush (Dalea tentaculoides), Bartram 9 stonecrop (Graptopetalum bartramii), and purple-spike coralroot (Hexalectris warnockii). The 10 elevation of the project area and its western-facing slope are not conducive to the majority of 11 these species.

12 Vegetation throughout the project area was very consistent. Health of overall community was 13 good. Two small drainages cross the existing roadway, but these areas did not exhibit 14 significant differences in species of vegetation observed.

15 Plants observed within the Project Area include the following:

16 Trees and Shrubs

17 • Arctostaphylos pungens (pointleaf manzanita) 18 • Cercocarpus breviflorus (hairy mountain mahogany) 19 • Garrya wrightii (Wright's silktassel) 20 • Juniperus deppeana (alligator juniper) 21 • Pinus edulis (pinyon pine) 22 • Quercus arizonica (Arizona oak) 23 • Quercus emoryi (Emory oak) 24 • Quercus toumeyi (Toumey oak) 25 • Rhus ovata (sugar sumac) 26 Grasses

27 • Aristida schiedeana (Orcutt's threeawn) 28 • Astrolepis cochisensis (Cochise scaly cloakfern) 29 • Bouteloua curtipendula (sideoats grama) 30 • Muhlenbergia emersleyi (bullgrass) 31 • Piptochaetium fimbriatum (pinyon ricegrass) 32 • Schizachyrium cirratum (Texas bluestem)

33 Succulents

34 • Agave palmeri (Palmer’s century plant) 35 • Agave parryi (Parry’s agave)

Page 6 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 • Cylindropuntia spinosior (cane cholla) 2 • Dasilyrion wheeleri (desert spoon) 3 • Echinocereus triglochidiatus (claret cup hedgehog) 4 • Fouquieria splendens (ocotillo) – only one observed 5 • Opuntia chlorotica (prickly pear) 6 • Yucca schottii (mountain yucca)

7 The Arizona Department of Agriculture (ADA) has the responsibility of protecting Arizona’s 8 native plants and enforce the Arizona Native Plant Law (ANPL). Plants cannot be removed from 9 any lands, whether they are owned by a private individual or managed by a government agency 10 without permission and a permit from the ADA. Lessees of state or Federal land must obtain 11 specific authorization from the landlord agency to remove protected native plants (ADA 2008).

12 Most desert plants fall into one of five groups specially protected by ANPL from theft, vandalism, 13 or unnecessary destruction. The five categories of protected plants are:

14 1. highly safeguarded (essentially endangered species) 15 2. salvage-restricted (cacti and ocotillo) 16 3. export-restricted 17 4. salvage-assessed (common desert trees) 18 5. harvest-restricted (yucca and others)

19 5.2 Wildlife

20 Wildlife observed or potentially present in the project area include a variety of birds: verdin 21 (Auriparus flaviceps), white-winged dove (Zenaida asiatica), rock wren (Salpinctes obsoletus), 22 canyon wren (Catherpes mexicanus), Arizona woodpecker (Picoides arizonae), acorn 23 woodpecker (Melanerpes formicivorus), Mexican jay (Aphelocoma wollweberi), black-chinned 24 sparrow (Spizella atrogularis), hermit thrush (Catharus guttatus), northern mockingbird (Mimus 25 polyglottos), curve-billed thrasher (Toxostoma curvirostre), zone tailed hawk (Buteo 26 albonotatus), and turkey vulture (Cathartes aura).

27 Mammals observed (including signs of presence) or with the potential to occur include: javelina 28 (Tayassu tajacu), coyote (Canis latrans), desert cottontail rabbit (Sylvilagus audubonii), skunk 29 (Mustelidae spp.), Coues white-tailed deer (Odocoileus virginianus couesi), and mule deer 30 (Odocoileus hemionus). Several small lizards were also observed; however, these lizards were 31 not close enough to identify them to the species.

32 5.3 Federally Listed Species

33 The USFWS maintains a list of wildlife and plant species protected under the ESA of 1973. An 34 USFWS official list of federally protected wildlife species for project area was obtained and

Page 7 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 reviewed USFWS 2017. Table 1 presents habitat and distribution requirements for federally 2 listed species and reasons for exclusion from further analysis for those species not likely to 3 occur in the project area.

4 During the site visit, no federally listed wildlife species were observed. Based on the habitat 5 conditions observed within the project area, it was concluded that potential foraging habitat for 6 three federally listed wildlife species may occur in or adjacent to the project area: jaguar 7 (Panthera onca), ocelot (Leopardus pardalis), and lesser long-nosed bat (Leptonycteris 8 curasoae yerbabuenae).

9 5.3.1 Jaguar

10 The jaguar, a large member of the cat family (Felidae), occurs from southern Arizona and New 11 Mexico to southern South America. On July 22, 1997, the USFWS published a final rule 12 clarifying that endangered status for the jaguar extended into the United States (62 Federal 13 Register 39147).

14 Like most large carnivores, jaguars have large home ranges. Only one limited home range 15 study using standard radio-telemetry techniques has been conducted for jaguars in 16 northwestern Mexico. Results of the study indicated a home range size of approximately 32 to 17 39 square miles. Also using camera traps, in Nacori Chico, Sonora, the home range for one 18 adult male jaguar was estimated to encompass about 77 square miles (USFWS 2016). No 19 home range studies have been conducted for jaguars in southwestern U.S. using standard 20 radio-telemetry techniques. The home ranges of borderland jaguars are presumably as large or 21 larger than the home ranges of tropical jaguars, as jaguars in this area are at the northern limit 22 of their range and the arid environment contains resources and environmental conditions that 23 are more variable than those in the tropics. Therefore, jaguars require more space in arid areas 24 to obtain essential resources such as food, water, and cover (USFWS 2016).

25 The list of prey taken by jaguars throughout their range includes more than 85 species. Known 26 prey include, but are not limited to, javelina (Pecari tajacu), white-lipped peccaries (Tayassu 27 pecari), capybaras (Hydrochoerus spp.), pacas (Agouti paca), agoutis (Dasyprocta spp.), 28 armadillos (Dasypus spp.), caimans (Caiman spp.), turtles (Podocnemis spp.), white-tailed deer 29 (Odocoileus virginianus), livestock, and various other reptiles, birds, and fish. Jaguars are 30 considered opportunistic feeders, especially in rainforests, and their diet varies according to 31 prey density and ease of prey capture (USFWS 2016).

32 Jaguars are known from a variety of vegetation communities. Jaguars have been documented 33 in arid areas, including thornscrub, lowland desert, desertscrub, mesquite grassland, Madrean 34 oak woodland, and pine-oak woodland communities of northwestern Mexico and southwestern 35 U.S. (USFWS 2016).

36

Page 8 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 2 TABLE 1 3 USFWS FEDERALLY LISTED SPECIES FOR THE PROJECT AREA IN COCHISE COUNTY, ARIZONA 4 Common Name Scientific Name Status Habitat/Distribution Reason for Exclusion Plants Wright’s Marsh Cirsium wrightii Candidate Wetland obligate. Occurs in seeps, springs, and Project area has no saturated soils with Thistle wetlands that have saturated soils with surface or surface or subsurface water flow. Based subsurface water flow. on recent accounts, the species is likely extirpated from Arizona. Mammals Jaguar Panthera onca Endangered Found near water in the warm tropical climate of Potential foraging habitat and travel savannah and forest. Rarely found in extensive corridor within project area. No critical arid areas. Individuals in Arizona have been found habitat within or adjacent to the project in Sonoran desertscrub up through subalpine area conifer forest. Ocelot Leopardus pardalis Endangered Seems to prefer dense cover. Uses a variety of Potential foraging habitat and travel habitats, hunting in brushy forests and semi-arid corridor within project area. deserts in the northern part of its range. Lesser long-nosed Leptonycteris Endangered Desertscrub habitat with agave and columnar Potential foraging habitat within project bat curasoae cacti present as food plants. area. yerbabuenae Birds Yellow-billed cuckoo Coccyzus Threatened Large blocks of riparian woodlands consisting of No riparian woodlands in or near the americanus cottonwood, willow, or tamarisk galleries. project area. Project area is outside proposed critical habitat for this species. Northern aplomado Falco femoralis Experimental Variable habitat, includes palm and oak No essential habitat elements present falcon septentrionalis population, savannahs, various desert grassland within the project area. non-essential associations, and open pine woodlands. Essential habitat elements appear to be open terrain with scattered trees, relatively low ground cover, and abundance of insects and small to medium-sized birds, and supply of nest sites. Reptiles Northern Mexican Thamnophis eques Threatened Found in cienegas, stock tanks, large-river No habitat present within the project gartersnake megalops riparian woodlands and forests, streamside gallery area. forests. Amphibians Chiricahua leopard Rana Threatened Permanent waters in ponds, tanks, cienegas (wet No habitat present within the project frog chiricahuensis meadows), and small streams. area. Project area outside designated critical habitat. 5 Source: USFWS 2017

Page 9 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 While jaguars have been documented as far north as the Grand Canyon, Arizona, occurrences 2 in the U.S. since 1963 have been limited to south-central Arizona and extreme southwestern 3 New Mexico. Jaguars in the U.S. are thought to be part of a population, or populations, that 4 occur largely in Mexico. The region to the south of Arizona and New Mexico is especially critical 5 for the recovery of the jaguar in the southwestern U.S. because the source population is likely in 6 central Sonora (USFWS 2016).

7 Illegal killing of jaguars is one of the two most significant threats to the jaguar. Rangewide, 8 habitat destruction and modification form the other of the two most significant threats to the 9 jaguar. Other threats to jaguars in this region are international border issues such as: 10 infrastructure along and near the U.S.-Mexico border, including pedestrian and vehicle barriers 11 and towers and their associated roads and lighting, and illegal and U.S. Border Patrol traffic 12 (pedestrian and vehicle) (USFWS 2016).

13 The project area is located within the mapped range of the jaguar (USFWS 2017). Dense 14 vegetation along washes and creek bottoms with the Mule Mountains may be used for foraging 15 or travel corridors. However, no jaguars have been recorded in the area and they are extremely 16 unlikely to occur within the project area due to lack of dense vegetation along the two small 17 washes. Foraging and travel corridor habitat within the project area is minimal. Jaguar critical 18 habitat is located approximately 20 miles to the east (Huachuca Mountains) of the project area.

19 5.3.2 Ocelot

20 The ocelot (Leopardus pardalis) is a medium-sized spotted cat that is divided into as many as 21 11 subspecies that range from the southwestern U.S. to northern Argentina. Two subspecies 22 occur in the United States: the Texas/Tamaulipas ocelot (L. pardalis albescens) and the 23 Arizona/Sonora ocelot (L. p. sonoriensis). The Arizona/Sonora ocelot subspecies occurs in 24 southern Arizona and northwestern Mexico (Sonora and northern Sinaloa). The ocelot was 25 listed as endangered in 1982 under the ESA (USFWS 2010).

26 Ocelot is a solitary animal that maintain home ranges the size of which varies throughout its 27 range. In Arizona, no population estimates exist, but four individuals have recently been 28 documented. Of the four ocelots recently recorded in Arizona, the one in the Whetstone 29 Mountains was documented (via remote camera) in Madrean evergreen woodland. The two 30 ocelots in the Huachuca Mountains have been detected via remote camera in Madrean 31 evergreen woodland and plains, and great basin grassland. The detection (via remote camera) 32 of an ocelot on Fort Huachuca in the Huachuca Mountains was in Madrean evergreen woodland 33 (encinal [oak woodland] with a slight component of juniper and manzanita) (USFWS 2014).

34 Ocelots are solitary hunters and eat a wide variety of prey, but small mammals, especially 35 rodents, comprise most of their diet. Ocelot diets, however, also include medium to large 36 mammals, reptiles, amphibians, birds, fishes, and insects. Based on these results, some 37 authors have suggested that ocelots are opportunistic feeders (USFWS 2014).

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1 Although the ocelot is protected over most of its range, it is still threatened by habitat loss and 2 fragmentation due to increased human development, agriculture, and cattle grazing; illegal 3 killing (e.g., retaliatory killing due to depredation of poultry); and illegal trade (pet and pelt). 4 Human population growth and development continue throughout the ocelot’s range. 5 Connectivity among ocelot populations or colonization of new habitats is discouraged by the 6 proliferation of highways and increased road mortality among dispersing ocelots. Increased 7 illegal and law enforcement actions along the U.S.-Mexico border could limit ocelot movement 8 across the border, but it is uncertain if and how much this is affecting that movement 9 (USFWS 2014).

10 5.3.3 Lesser Long-nosed Bat

11 The lesser long-nosed bat is a medium-sized bat found in southern Arizona from the Picacho 12 Mountains southwesterly to the Agua Dulce Mountains and southeasterly to the Galiuro and 13 Chiricahua mountains. This species’ range also goes south into Mexico and beyond. Lesser 14 long-nosed bats are typically present in Arizona from spring until fall and are absent during the 15 winter months (AZGFD 2003).

16 In Arizona, lesser long-nosed bats are found in desert grassland and shrubland up to oak 17 transition habitats. They roost in caves, mines, tunnels, and occasionally in old buildings. This 18 bat typically forages in areas of saguaro, ocotillo, paloverde, prickly pear (Opuntia spp.), and 19 organ pipe cactus (Stenocereus thurberi). Later in the summer it forages among agave. The 20 lesser long-nosed bat is typically found at lower elevations, below about 3,500 feet, from April to 21 at least September or October. This bat is typically found in paloverde/saguaro, semidesert 22 grassland, and oak woodland plant communities (AZGFD 2003).

23 Lesser long-nosed bats feed on nectar and pollen from flowers of saguaro and organ pipe cacti 24 in early summer and agave later in the summer and early fall. This bat may feed on ripe cactus 25 fruits at the end of the flowering season as well (AZGFD 2003).

26 The lesser long-nosed bat was listed by the USFWS as endangered without critical habitat in 27 1988 (USFWS 2001). Threats to this bat species include exclusion and disturbance, which 28 result in the reduction of numbers of maternity colonies, and a decline in size of remaining 29 maternity colonies in Arizona and Sonora, Mexico. Additionally, the lesser long-nosed bat is 30 thought to be negatively affected by large reductions in acreage of native agaves over large 31 areas of northern Mexico due to excessive harvesting for local manufacture of mescal and 32 tequila. This species is easily disturbed at roost sites (AZGFD 2003).

33 According to AZGFD distribution maps for this species, lesser long-nosed bats are known to 34 occur within at least 20 miles of the project area. Generally, lesser long-nosed bats forage as 35 close to their roost sites as possible. This strategy is energetically efficient and emphasizes the 36 importance of maintaining food sources in proximity to roost sites (USFWS 2007). However, 37 foraging studies have also shown that lesser long-nosed bats will fly long distances, up to

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1 approximately 40 miles, to forage even when forage resources are available closer to roost sites 2 (USFWS 2007).

3 5.3.4 Effects Determination

4 Jaguar and Ocelot

5 Construction-related noise and activity could cause jaguar and ocelot, and associated prey 6 species, to avoid the areas directly adjacent to the Project Area while activities are ongoing. 7 However, road-widening activities would occur exclusively during the daytime, and potential 8 disturbance from these activities to jaguar and ocelot is unlikely. Road widening would primarily 9 occur within already disturbed areas, and minimal vegetation would be disturbed; no jaguar or 10 ocelot habitat should be impacted. Furthermore, because road use and human activity already 11 occur in the project area and vicinity, activities from road widening would not represent a 12 significant increase in activity. Overall, there is minimal potential for adverse effects to jaguar 13 and ocelot within the project area due to the low amount of human activity in general and rare 14 activity at night, when jaguar and ocelot are most active.

15 The proposed action would not result in disturbance to riparian resources that support a 16 movement corridor for jaguar and ocelot, and it is extremely unlikely that these species are 17 present within or near the project area. It is reasonable to anticipate that the road improvement 18 project (Proposed Action) will have no effect on jaguar or ocelot. The combination of 19 nocturnal habits of these species, short duration of the construction activities, and their extreme 20 rarity make the possibility of encounters of these species within the project area virtually 21 nonexistent.

22 Due to the distance of designated jaguar critical habitat from the project area, the road 23 improvement project would have no effect on jaguar critical habitat.

24 Lesser Long-nosed Bat

25 The project area contains potential foraging habitat for the lesser long-nosed bat, specifically, 26 agave. However, the project area is located between 6,600 and 6,800 feet, higher than the 27 elevations where lesser long-nosed bats are typically found and agave density is low. The 28 project area is located within 40 miles of a known maternity roost. . No known roost sites are 29 located within or immediately surrounding the project area.

30 As road widening would primarily occur within already disturbed areas and minimal vegetation 31 would be disturbed, no agave should be impacted. Furthermore, because road use and human 32 activity already occur in the project area and vicinity, activities from road widening would not 33 represent a significant increase in activity. Overall, there is minimal potential for adverse effects 34 to lesser long-nosed bat within the project area due to the low amount of human activity in 35 general and minimal, if any, foraging habitat disturbance.

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1 The project area contains agaves, which are forage species for the lesser long-nosed bat. The 2 USFWS recommends the on-site preservation of all agaves within the project area. If agaves 3 must be impacted by construction and cannot be transplanted on-site, USFWS recommends 4 their replacement on-site at a ratio of 3:1. Habitat connectivity between/among foraging areas 5 and roost sites is important for the conservation of lesser long-nosed bats. Washes are 6 important connectivity and movement corridors for this species. The USFWS recommends that 7 every effort be made to maintain the maximum coverage of wash habitat within the project area 8 to provide connectivity for the lesser long-nosed bat.

9 It is reasonable to anticipate that the road improvement project (Proposed Action) will have no 10 effect on the lesser long-nosed bat. The combination of nocturnal habits of this species, short 11 duration of the construction activities, and avoidance of agave make the possibility of 12 encounters with this species virtually nonexistent.

13 5.3.5 Conservation Measures

14 The following conservation measures will be implemented to avoid potential impacts of the 15 Proposed Action on the use and availability of forage resources for jaguar, ocelot, and lesser 16 long-nosed bat. Conservation measure recommendations were taken from the USFWS IPaC 17 Conservation Measure Report generated for the Proposed Action (USFWS 2017).

18 • Vegetation (habitat) and/or debris will not be burned in or near the project area. 19 • Equipment will be cleaned and maintained to minimize the risk of contaminants from 20 vehicles and equipment from entering species habitats and sensitive ecosystems. 21 • Speed limit on roadway should be 25 miles per hour or less. 22 • Any trash on-site should be removed and disposed of at an appropriate off-site location. 23 • Disturbance will be limited to the smallest area practicable, and damage to agaves will be 24 avoided. 25 • Road widening activities will be limited to daytime hours only. 26 • Vehicle use will be limited to existing routes and areas of disturbance. 27 • All workers will strictly limit their activities and vehicles to designated areas. Construction 28 workers will be informed of these terms and conditions. 29 • No seeding or planting of non-native grasses or other plants will occur. 30 • All areas of disturbance that occur during construction phase of the project should be 31 monitored for the presence of non-native vegetation. Any non-native vegetation should be 32 removed from the area. 33 • Seeding of a mixture of native seeds, non-native hybrid sterile seeds, and weed-free mulch 34 in disturbed areas may occur to establish temporary ground cover for erosion control. 35 • If possible, all mechanical equipment should be equipped with sound muffling devices while 36 in jaguar habitat. 37 • Avoid off-road travel as much as possible. If it is necessary to travel off-road, plan a route 38 that avoids impacting agave. 39 • Use sources of fill material that are free of weeds and contaminants.

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1 5.3.6 Cumulative

2 Much of the land in the project area is managed by Federal agencies, particularly the BLM. 3 Activities on state and private lands may require permits or funding from Federal agencies. 4 Many of the actions that are reasonably expected to occur in the project area that may 5 adversely affect the jaguar, ocelot, and lesser long-nosed bat would be subject to section 7 6 consultation.

7 6.0 Conclusions

8 A USFWS list of federally protected species potentially occurring in the project area (USFWS 9 2017; Attachment A) and AZGFD On-line Environmental Tool (AZGFD 2017; Attachment B) 10 were reviewed for federally listed species that may occur within the project area. In addition, a 11 field reconnaissance and evaluation of the project area was conducted on 2 May 2017. It was 12 concluded that potential foraging habitat for three federally listed wildlife species may occur in or 13 adjacent to the project area: jaguar, ocelot, and lesser long-nosed bat.

14 Based on the nature of the species listed above, conservation measures that eliminate potential 15 effects, data review, site visit findings, and key aspects of species’ life histories, it has been 16 determined that the Proposed Action would have no effect on ESA listed species or result in 17 the destruction of designated critical habitat.

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Page 14 Juniper Flats Road – BLM Right-of-Way Biological Evaluation

1 7.0 References Cited

2 Arizona Department of Agriculture (ADA) 3 2008 Arizona Department of Agriculture Plant Services Division. Programs and Services. 4 Web site accessed on August 29, 2008 at: http://www.azda.gov/PSD/psd.htm. 5 6 Arizona Game and Fish Department (AZGFD) 7 2003 Lesser Long-nosed Bat. Unpublished abstract compiled and edited by the Heritage 8 Data Management System, AGFD. Phoenix, AZ. 8 pp. 9 10 2017 Juniper Flats Road. Heritage Data Management System On-line Environmental 11 Review Tool. Electronic file produced on 1 May 2017 at: http://www.azgfd.gov/hgis/. 12 13 U.S. Fish and Wildlife Service (USFWS) 14 2001 General Species Information: Lesser (=Sanborn’s) Long-nosed Bat. Accessed on the 15 Arizona Ecological Services Web site on August 18, 2008 at: 16 http://www.fws.gov/southwest/es/arizona/Documents/Redbook/Lesser%20Long- 17 nosed%20bat%20RB.pdf. 18 19 2007 5-Year Review: Summary and Evaluation – Lesser Long-nosed Bat. Phoenix, Arizona. 20 45 pp. 21 22 2010 The Ocelot (Leopardus pardalis). U.S. Fish and Wildlife Service Endangered Species 23 Program. Accessed on 11 May 2017 at: https://www.fws.gov/endangered/esa- 24 library/pdf/ocelot.pdf. 25 26 2014 Biological and Conference Opinion for Ongoing and Future Military Operations and 27 Activities at Fort Huachuca, Arizona. Accessed 1 May 2017 at: 28 https://www.fws.gov/southwest/es/arizona/Documents/Biol_Opin/130247%20Fort%20 29 Huachuca%20FINAL%20BO%20DKD-jc%20DKD%2016%20May.pdf. 30 31 2016 Jaguar Draft Recovery Plan (Panthera onca). Technical Subgroup of the Jaguar 32 Recovery Team in conjunction with the Implementation Subgroup of the Jaguar 33 Recovery Team and the U.S. Fish and Wildlife Service. December. 508 pages. 34 Accessed on 11 May 2017 at: https://www.fws.gov/southwest/es/arizona/ 35 Documents/SpeciesDocs/Jaguar/Jaguar_Draft_Recovery_Plan_20_Dec_2016.pdf. 36 37 2017 List of Threatened and Endangered Species That May Occur in the Proposed Project 38 Location. Letter dated April 19, 2017.

Page 15

1 ATTACHMENTS

2

1

2 ATTACHMENT 1

3 USFWS List of Federally Protected Species 4 Potentially Occurring in the Project Area

5

United States Department of the Interior FISH AND WILDLIFE SERVICE Arizona Ecological Services Field Office 9828 North 31st Ave #c3 Phoenix, AZ 85051-2517 Phone: (602) 242-0210 Fax: (602) 242-2513 http://www.fws.gov/southwest/es/arizona/ http://www.fws.gov/southwest/es/EndangeredSpecies_Main.html

In Reply Refer To: April 19, 2017 Consultation Code: 02EAAZ00-2017-SLI-0586 Event Code: 02EAAZ00-2017-E-01249 Project Name: Juniper Flats Road BLM Right-of-Way

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The Fish and Wildlife Service (Service) is providing this list under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The list you have generated identifies threatened, endangered, proposed, and candidate species, and designated and proposed critical habitat, that may occur within one or more delineated United States Geological Survey 7.5 minute quadrangles with which your project polygon intersects. Each quadrangle covers, at minimum, 49 square miles. Please refer to the species information links found at http://www.fws.gov/southwest/es/arizona/Docs_Species.htm or http://www.fws.gov/southwest/es/arizona/Documents/MiscDocs/AZSpeciesReference.pdf for a quick reference, to determine if suitable habitat for the species on your list occurs in your project area.

The purpose of the Act is to provide a means whereby threatened and endangered species and the habitats upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of Federal trust resources and to determine whether projects may affect federally listed species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. 04/19/2017 Event Code: 02EAAZ00-2017-E-01249 2

If the Federal action agency determines that listed species or critical habitat may be affected by a federally funded, permitted or authorized activity, the agency must consult with us pursuant to 50 CFR 402. Note that a "may affect" determination includes effects that may not be adverse and that may be beneficial, insignificant, or discountable. An effect exists even if only one individual or habitat segment may be affected. The effects analysis should include the entire action area, which often extends well outside the project boundary or "footprint" (e.g., downstream). If the Federal action agency determines that the action may jeopardize a proposed species or adversely modify proposed critical habitat, the agency must enter into a section 7 conference. The agency may choose to confer with us on an action that may affect proposed species or critical habitat.

Candidate species are those for which there is sufficient information to support a proposal for listing. Although candidate species have no legal protection under the Act, we recommend that they be considered in the planning process in the event they become proposed or listed prior to project completion. More information on the regulations (50 CFR 402) and procedures for section 7 consultation, including the role of permit or license applicants, can be found in our Endangered Species Consultation Handbook at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.

In addition to species listed under the Act, we advise you to consider species protected under the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712) and the Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668 et seq.). Both laws prohibit the take of covered species. The list of MBTA-protected birds is in 50 CFR 10.13 (for an alphabetical list see https://www.fws.gov/birds/management/managed-species/migratory-bird-treaty-act-protected-species.php. The Service's Division of Migratory Birds is the lead for consultations under these laws (Southwest Regional Office phone number: 505/248-7882). For more information regarding the MBTA, BGEPA, and permitting processes, please visit the following web site: http://www.fws.gov/migratorybirds/mbpermits.html. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g. cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/southwest/es/arizona/CellTower.htm

Although bald eagles (Haliaeetus leucocephalus) are no longer listed under the Act, they are protected under both the BGEPA and the MBTA. If a bald eagle nest occurs in or near the proposed project area, our office should be contacted. An evaluation must be performed to determine whether the project is likely to disturb nesting bald eagles (see http://www.fws.gov/southeast/es/baldeagle/) and the Division of Migratory Birds consulted if necessary. The National Bald Eagle Management Guidelines provide recommendations to minimize potential project impacts to bald eagles (see http://www.fws.gov/midwest/eagle/pdf/NationalBaldEagleManagementGuidelines.pdf).

Activities that involve streams and/or wetlands are regulated by the U.S. Army Corps of Engineers (Corps). We recommend that you contact the Corps to determine their interest in proposed projects in these areas. For activities within a National Wildlife Refuge, we recommend that you contact refuge staff for specific information about refuge resources.

If your action is on Indian land or has implications for off-reservation tribal interests, we

04/19/2017 Event Code: 02EAAZ00-2017-E-01249 3 encourage you to contact the tribe(s) and the Bureau of Indian Affairs (BIA) to discuss potential tribal concerns, and to invite any affected tribe and the BIA to participate in the section 7 consultation. In keeping with our tribal trust responsibility, we will notify tribes that may be affected by proposed actions when section 7 consultation is initiated. For more information, please contact our tribal coordinator, John Nystedt, at (928) 556-2160 or [email protected] .

The State of Arizona protects some species not protected by Federal law. We recommend you contact the Arizona Game and Fish Department (AGFD) for animals and Arizona Department of Agriculture for plants to determine if species protected by or of concern to the State may occur in your action area. The AGFD has an Environmental Review On-Line Tool that can be accessed at http://www.azgfd.gov/hgis/. We also recommend that you coordinate with the AGFD regarding your project.

For additional communications regarding this project, please refer to the consultation Tracking Number in the header of this letter. We appreciate your concern for threatened and endangered species. If we may be of further assistance, please contact Brenda Smith at 928/556-2157 for projects in Northern Arizona, our general Phoenix number (602/242-0210) for central Arizona, or Jean Calhoun at 520/670-6150 (x223) for projects in southern Arizona.

Sincerely,

/s/

Steven L. Spangle

Field Supervisor

Attachment(s):

Official Species List

04/19/2017 Event Code: 02EAAZ00-2017-E-01249 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Arizona Ecological Services Field Office 9828 North 31st Ave #c3 Phoenix, AZ 85051-2517 (602) 242-0210

04/19/2017 Event Code: 02EAAZ00-2017-E-01249 2

Project Summary Consultation Code: 02EAAZ00-2017-SLI-0586

Event Code: 02EAAZ00-2017-E-01249

Project Name: Juniper Flats Road BLM Right-of-Way

Project Type: LAND - EASEMENT / RIGHT-OF-WAY

Project Description: Road improvements of BLM land for access to private property

Project Location: Approximate location of the project can be viewed in Google Maps: https://www.google.com/maps/place/31.484798286731916N109.96445827196833W

Counties: Cochise, AZ

Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area. Please contact the designated FWS office if you have questions.

04/19/2017 Event Code: 02EAAZ00-2017-E-01249 3

Mammals

NAME STATUS Jaguar (Panthera onca) Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3944

Lesser Long-nosed Bat (Leptonycteris curasoae yerbabuenae) Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3245

Ocelot (Leopardus (=Felis) pardalis) Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4474

Birds

NAME STATUS Yellow-billed Cuckoo (Coccyzus americanus) Threatened Population: Western U.S. DPS There is a proposed critical habitat for this species. Your location is outside the proposed critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3911

Northern Aplomado Falcon (Falco femoralis septentrionalis) Experimental Population, Population: U.S.A (AZ, NM) Non-Essential No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1923

Reptiles

NAME STATUS Northern Mexican Gartersnake (Thamnophis eques megalops) Threatened There is a proposed critical habitat for this species. Your location is outside the proposed critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7655

04/19/2017 Event Code: 02EAAZ00-2017-E-01249 4

Amphibians

NAME STATUS Chiricahua Leopard Frog (Rana chiricahuensis) Threatened There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1516

Flowering Plants

NAME STATUS Wright's Marsh Thistle (Cirsium wrightii) Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8963

Critical habitats There are no critical habitats within your project area.

1

2 ATTACHMENT 2

3 AZGFD On-line Environmental Tool

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Special Status Species and Special Areas Documented within 3 Miles of Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Allium glandulosum Gland Onion SR Allium rhizomatum Redflower Onion SR Amazilia violiceps Violet-crowned Hummingbird S 1B Asplenium dalhousiae Dalhouse Spleenwort S Calothorax lucifer Lucifer Hummingbird S Carex ultra Arizona Giant Sedge S S Graptopetalum bartramii Bartram Stonecrop SC S S SR Hexalectris warnockii Texas Purple Spike SC S S HS Leptonycteris curasoae yerbabuenae Lesser Long-nosed Bat LE 1A Metastelma mexicanum Wiggins Milkweed Vine SC S Species of Greatest Conservation Need
Predicted within Project Vicinity based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Accipiter gentilis atricapillus Northern Goshawk SC S 1B Aix sponsa Wood Duck 1B Amazilia violiceps Violet-crowned Hummingbird S 1B Ammodramus savannarum ammolegus Arizona grasshopper sparrow S S 1B Ammodramus savannarum perpallidus Western Grasshopper Sparrow 1B Ammospermophilus harrisii Harris' Antelope Squirrel 1B Anthus spragueii Sprague's Pipit SC 1A Aquila chrysaetos Golden Eagle S 1B Athene cunicularia hypugaea Western Burrowing Owl SC S S 1B Buteo regalis Ferruginous Hawk SC S 1B Chordeiles minor Common Nighthawk 1B Coccothraustes vespertinus Evening Grosbeak 1B Coccyzus americanus Yellow-billed Cuckoo (Western DPS) LT S 1A Coluber bilineatus Sonoran Whipsnake 1B Corynorhinus townsendii pallescens Pale Townsend's Big-eared Bat SC S S 1B Crotalus tigris Tiger Rattlesnake 1B Cynanthus latirostris Broad-billed Hummingbird S 1B Cynomys ludovicianus Black-tailed Prairie Dog CCA S 1A Dipodomys spectabilis Banner-tailed Kangaroo Rat S 1B Empidonax fulvifrons pygmaeus Northern Buff-breasted Flycatcher SC S 1B Empidonax traillii extimus Southwestern Willow Flycatcher LE 1A Euderma maculatum Spotted Bat SC S S 1B Eugenes fulgens Magnificent Hummingbird 1B Eumops perotis californicus Greater Western Bonneted Bat SC S 1B Falco peregrinus anatum American Peregrine Falcon SC S S 1A Glaucidium gnoma gnoma Mountain Pygmy-owl 1B Haliaeetus leucocephalus Bald Eagle SC S S 1A Heloderma suspectum Gila Monster 1A Hypsiglena sp. nov. Hooded Nightsnake 1B Idionycteris phyllotis Allen's Lappet-browed Bat SC S S 1B Incilius alvarius Sonoran Desert Toad 1B Junco phaeonotus Yellow-eyed Junco S 1B Kinosternon arizonense Arizona Mud Turtle 1B Kinosternon sonoriense sonoriense Desert Mud Turtle S 1B Lampornis clemenciae Blue-throated Hummingbird 1B Lampropeltis getula nigrita Western Black Kingsnake 1B Lasiurus blossevillii Western Red Bat S 1B Lasiurus xanthinus Western Yellow Bat S 1B Leopardus pardalis Ocelot LE 1A Leptonycteris curasoae yerbabuenae Lesser Long-nosed Bat LE 1A Lepus alleni Antelope Jackrabbit 1B Lithobates blairi Plains Leopard Frog S 1A Lithobates chiricahuensis Chiricahua Leopard Frog LT 1A Special Status Species and Special Areas Documented within 3 Miles of Project Vicinity Megascops trichopsis Whiskered Screech-owl S 1B Melanerpes uropygialis Gila Woodpecker 1B Meleagris gallopavo mexicana Gould's Turkey S 1B Melospiza lincolnii Lincoln's Sparrow 1B Micruroides euryxanthus Sonoran Coralsnake 1B Myiarchus tuberculifer Dusky-capped Flycatcher 1B Myiodynastes luteiventris Sulphur-bellied Flycatcher S 1B Myotis occultus Arizona Myotis SC S 1B Myotis velifer Cave Myotis SC S 1B Myotis yumanensis Yuma Myotis SC 1B Notiosorex cockrumi Cockrum's Desert Shrew 1B Nyctinomops femorosaccus Pocketed Free-tailed Bat 1B Odocoileus virginianus White-tailed Deer 1B Panthera onca Jaguar LE 1A Passerculus sandwichensis Savannah Sparrow 1B Peromyscus nasutus Northern Rock Deermouse 1B Peucaea botterii arizonae Arizona Botteri's Sparrow S 1B Picoides arizonae Arizona Woodpecker S 1B Pyrgulopsis thompsoni Huachuca Springsnail CCA S S 1A Sciurus arizonensis Arizona Gray Squirrel 1B Setophaga petechia Yellow Warbler 1B Sialia sialis fulva Azure Bluebird 1B Sorex arizonae Arizona Shrew SC S 1B Strix occidentalis lucida Mexican Spotted Owl LT 1A Tadarida brasiliensis Brazilian Free-tailed Bat 1B Tantilla yaquia Yaqui Black-headed Snake S 1B Terrapene ornata Ornate Box Turtle 1A Thomomys umbrinus intermedius Southern Pocket Gopher 1B Troglodytes pacificus Pacific Wren 1B Vireo bellii arizonae Arizona Bell's Vireo 1B Vulpes macrotis Kit Fox No Status 1B Species of Economic and Recreation Importance Predicted within Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Callipepla gambelii Gambel's Quail Callipepla squamata Scaled Quail 1C Cyrtonyx montezumae Montezuma Quail 1C Odocoileus hemionus Mule Deer Odocoileus virginianus White-tailed Deer 1B Patagioenas fasciata Band-tailed Pigeon 1C Pecari tajacu Javelina Puma concolor Mountain Lion Zenaida asiatica White-winged Dove Zenaida macroura Mourning Dove