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Biological Evaluation for Proposed, Threatened and Endangered Species & Regional Forester Sensitive Species

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Biological Evaluation for Proposed, Threatened and Endangered Species & Regional Forester Sensitive Species Biological Evaluation for Proposed, Threatened and Endangered Species & Regional Forester Sensitive Species Poteau/Cold Springs Ranger District Ouachita National Forest U.S.D.A. FOREST SERVICE Scott County, AR James Fork Regional Water District Proposed Rural Water System – Scott County Phase III Highway 80 East, Jones Creek, and Y-City Extensions October 2011 1 BIOLOGICAL EVALUATION Introduction This Biological Evaluation (BE) documents the likely impacts on proposed, endangered, threatened, and sensitive (PETS) species from the proposed actions. This BE has been prepared in accordance with direction given in Forest Service Manual 2672.41 and 2672.42 and addresses only those Federal lands in the project area. As part of the National Environmental Policy Act decision-making process, the BE provides a review of Forest Service activities in sufficient detail to determine how a Proposed Action would affect any PETS species. PETS species, taken from both state and Federal lists, are species most likely to be put at risk from management actions. The objectives of this BE are as follows: to ensure that FS actions do not contribute to loss of viability of any native or desired non- native plant or animal species or contribute to trends toward Federal listing of any species; to comply with the requirements of the Endangered Species Act (ESA) that actions of Federal agencies not jeopardize or adversely modify critical habitat of federally listed species and to document the need for consultation with the US Fish and Wildlife Service; to provide a process and standard by which to ensure that PETS species receive full consideration in the decision-making process. Decision-makers will consider information in this BE to ensure that no species is placed in jeopardy by management actions; to address the effects of management activities to the habitat and/or potential habitats of plant and animal species on the PETS list; and to document the need for mitigation measures specifically addressing any potential impacts from management activities related to known PETS habitat or potential habitat. Appendix A of the BE includes the list of PETS species documented to occur on the Ouachita National Forest. That list of species was reviewed and eighteen (18) species were selected to be evaluated for the Proposed Action being considered in this document. Project Location The proposed James Fork Regional Water District Rural Water System Phase III Extension addressed in this BE is located on lands managed by the USFS on the Poteau/ Cold Springs and Oden Ranger Districts in Scott County, Arkansas. 2 The Highway 80 East extension is located in the Bee Mountain Area, Compartments 266-268, 288 and 289, the Freedom Mountain Area, Compartments 275, 278, 285-289, 296, and 298-301, and also the Gravelly Area, Compartments 282, 430, 302, 280, 279, 278, and 301. Construction activities within the Compartments total 8.5 miles for this extension and will be conducted for 14 months. The Jones Creek extension is located in the Hon Area, Compartments 1230, 1226, 1225, 1227, 1225-1227 and 1230, the Peanut Mountain Area, Compartments 1250, 1246, 1235 and 1238, the Cauthron Area, Compartments 1230 and 1235, and the Horseshoe Mountain Area, Compartments 1254, 1239, 1243, 1236, and 1235. Construction activities within the Compartments total 6 miles and will be conducted for a period of 12 months. The Y-City extension is located on the Poteau District Compartment 1295, 1300-1305 and 1307- 1321. It also is located on the Oden District Compartment 1134, 1133 and 1140. Construction activities within the Compartments total 2.25 miles and will be conducted for a period of 9 months. Purpose and Need for the Proposed Actions The proposed water distribution system would provide proper potable water to the residents of the Highway 80 East, Jones Creek, and Y-city areas. It will replace water obtained from private water wells. Consultation History Section 7 of the Endangered Species Act of 1973, outlines the procedures for interagency cooperation to conserve federally listed species and designated critical habitats. In 2005, the Ouachita National Forest presented a Biological Assessment (BA) to the Conway office of the US Fish &Wildlife Service (USFWS) relating to forest management activities. This BA concluded findings for Proposed, Endangered, or Threatened species on the Ouachita National Forest – those species listed in Appendix A. For eight (8) species and one designated critical habitat, the findings fell into one of the three categories: 1) “No Effect”, 2) “Not Likely to Adversely Affect” (Discountable), or 3) “Not Likely to Adversely Modify Critical Habitat” (Discountable). These findings were concurred with by a letter dated August 17, 2005. The BA made a determination of “likely to adversely affect” for the American burying beetle within the American burying beetle area (ABBA) as it was described at that time. The ONF requested Section 7 formal consultation and received a Biological Opinion (BO) from the USFWS relating to forest management activities as they pertain to the American burying beetle (ABB) in 2005 in conjunction with the Revised Forest Plan. In 2010, the US Forest Service presented the Final American Burying Beetle Conservation Plan for the Ouachita and Ozark-St. Francis National Forest to the Conway office of the US Fish &Wildlife Service (USFWS) relating to conservation and management activities. 3 The Ouachita and Ozark-St. Francis National Forest requested Section 7 formal consultation in regard to the 2010 Final American Burying Beetle Conservation Plan (ABB CP) and received a revised Programmatic Biological Opinion (PBO) from the USFWS in May 2010. This PBO applies to forest management activities as they pertain to the American burying beetle in the 2005 Revised Land and Resource Management Plan. The proposed activities on National Forest lands addressed in this Biological Evaluation comply with all of the resource conservation measures and requirements set forth in the aforementioned 2005 BA, BA concurrence letter and the 2010 ABB CP, Revised PBO. The US Fish and Wildlife Service Ecological Services Office (Conway office) is on the district’s mailing lists for scoping on all projects requiring NEPA documentation. Concurrence on the management activities listed in this Biological Evaluation will be requested for all species requiring a concurrence through informal consultation. Proposed Actions The USFS proposes to authorize the James Fork Regional Water District to construct and maintain a water distribution system in Scott County, Arkansas. The Scott County Phase III project includes three extensions known as Highway 80 East, Jones Creek and Y-City. Construction activities will be conducted immediately outside of existing highway right-of-ways in an area of 25 feet wide the first year, and a maintenance area of 15 feet wide thereafter. The three extensions will be done separately. Construction activity will be conducted during the appropriate weather conditions, during all seasons of the year. Pump stations and water tank sites will be fenced and the areas inside the fences rocked. The Highway 80 East extension will consist of a water tank and approximately 22 miles of new water line to serve the residents along Highway 80 to Blue Ball, as well as several residents along Highway 250 in Scott County, Arkansas. There will be 8.5 miles of construction on USFS property for a period of 14 months. The water tank site will be 100 x 100 feet, and located on USFS property. The Jones Creek extension will consist of a water tank, a pump station, and approximately 17 miles of new water line to serve residents of the Jones Creek area. There will be 6 miles of construction activity on USFS property for a period of 12 months. The water tank site will be 100x100 ft and located on USFS property. The pump station will be 50x50 feet, located on private property. The Y-City extension will consist of a water tank, a pump station and approximately 15 miles of new water line to serve the residents of Y-City, Arkansas. There will be 2.25 miles of construction activity on USFS property for a period of 9 months. The water tank site and pump station will be 100x100 ft and 50x50 ft respectively. Both will be located on private property. 4 Operations will include the following: Clearing for waterlines, water tank sites, and access roads to pump stations and water tank sites. Ditching for water line placement. Stream crossing excavations and grading. Water tank construction and placement. Pump station construction and placement. 1. The Forest Service Representative (FSR) Timber Management Assistant will be contacted prior to approval to flag the clearing limits. They will mark timber for removal. Merchantable trees in the right-of-way will be marked and sold in a negotiated sale. The right-of way clearing debris will either be chipped, hauled off, burned, or otherwise disposed of. 2. Right-of-way clearings will be fertilized, seeded with wildlife seed mixtures, and mulched to Forest Service standards. For reseeding areas, native plants will be used. 3. No herbicide use is proposed for maintenance. 4. During construction involved with the project, Best Management Practices (BMP) will be used to minimize offsite movement of runoff water and erosion from the project site. Combinations of hay bales, silt fences, seeding and fertilizing, and mulching will be used. Seeding specifications included in the Special Use Permit will be followed to revegetate disturbed areas. 5. Except for those areas needed for access, areas where soil has been disturbed will be reseeded within 30 days of project completion. The seeding will include cut-and-fill slopes, ditches, (wing, lead-off, etc.), shoulders, and any other exposed areas created by the project. 6. A paint color that allows facilities to blend in with the natural landscape background will be used for long-term facilities.
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