United States Department of the Interior
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United States Department of the Interior FISH AND WILDLIFE SERVICE 134 Union Blvd Lakewood, Colorado 80228 In Reply Refer to: FWS/IR05/IR07 TAILS: 06E24000-2019-F-1099 March 19, 2020 Richard Myers Deputy Regional Environmental Officer U.S. Department of Homeland Security, FEMA Region VIII Denver Federal Center, Building 710 P.O. Box 25267 Denver, Colorado 80225-0267 Dear Mr. Myers: The U.S. Fish and Wildlife Service (Service) received your request for formal consultation on July 29, 2019, regarding the repair and reconstruction of Larimer County Road (LCR) 44H along Buckhorn Creek in Larimer County, Colorado, which was damaged by severe flooding in September 2013. The project is receiving funding from the Federal Emergency Management Agency (FEMA) and part of the corridor is on the Arapahoe-Roosevelt National Forest. The purpose of the project is to permanently repair approximately 10 miles of LCR 44H and bring the roadway up to current Larimer County codes and standards to reduce the risk of damage from future flood events. Your letter initiated formal consultation for the federally threatened Preble’s meadow jumping mouse (Zapus hudsonius preblei) and determined that the proposed project is likely to adversely affect the species and its designated critical habitat. This letter transmits our biological opinion regarding the proposed project in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.) and the Interagency Cooperative Regulations (50 CFR 402). In this biological opinion, we find that the proposed project may affect the Preble’s mouse and its designated critical habitat, and that the actions carried out pursuant to the proposed project are not expected to jeopardize the continued existence of the species or adversely modify its designated critical habitat. We base this biological opinion on the July 12, 2019, biological assessment and March 3, 2020, addendum, both prepared by Pinyon Environmental, Inc., as well as any additional clarifying correspondence. INTERIOR REGION 5 INTERIOR REGION 7 Missouri Basin Upper Colorado River Basin Kansas, Montana*, Nebraska, North Dakota, Colorado, New Mexico, Utah, Wyoming South Dakota *PARTIAL 2019-F-1099: FEMA, Larimer County Road 44H 2 CONSULTATION HISTORY • In response to the September 2013 flooding, Larimer County conducted emergency repairs on LCR 44H. • Beginning in 2014, Larimer County coordinated site visits and discussions among FEMA, the U.S. Forest Service (USFS), the Service, the Colorado Division of Homeland Security and Emergency Management (DHSEM), as well as Pinyon Environmental and AVI Professional Corporation (AVI), the design engineers. • On December 10, 2014, a field visit was conducted to observe and discuss habitat for threatened and endangered species. Representatives from FEMA, the Service, and Larimer County attended. • On February 16, 2016, a meeting to discuss strategies for minimizing impacts was held, with representatives from FEMA, the Service, the USFS, and Larimer County in attendance. • On August 10, 2017, FEMA submitted a biological assessment to initiate formal consultation for the project. The project design included several roadway alignment shifts and larger, upgraded culverts to increase resiliency against future flooding. • On September 20, 2017, a meeting was held among the USFS, FEMA, the Service, and the County to discuss design criteria, mitigation measures, and the section 7 consultation process. At this meeting, we requested additional information that was not included in the biological assessment; therefore, Pinyon began preparing a supplemental biological assessment to include the requested information. • In December 2017, FEMA determined that key elements of the project design (including the roadway alignment shifts and upgraded culverts) were not eligible for federal funding. The project was put on hold as the County re-evaluated funding sources and the project design. • On July 29, 2019, we received your request for formal consultation. • On December 2, 2019, we sent a request for more information regarding the project’s conceptual mitigation plan. We received that information on January 17, 2020. • On February 12, 2020, changes in project impacts and mitigation were discussed on a conference call among FEMA, the Service, Larimer County, and others. Mitigation was further discussed and finalized via email on February 25, 2020. An addendum to the biological assessment was received March 3, 2020. 2019-F-1099: FEMA, Larimer County Road 44H 3 TABLE OF CONTENTS CONSULTATION HISTORY ................................................................................................... 2 1. DESCRIPTION OF THE PROPOSED ACTION ................................................................... 4 1.1. Conservation Measures .................................................................................................... 6 2. ACTION AREA ...................................................................................................................... 7 3. STATUS OF THE PREBLE’S MEADOW JUMPING MOUSE ........................................... 8 3.1. Taxonomy ......................................................................................................................... 8 3.2. Physical Description ......................................................................................................... 9 3.3. Preble’s meadow jumping mouse Life History ................................................................ 9 3.4. Preble’s Abundance and Trends ..................................................................................... 12 3.5. Preble’s Status and Distribution ..................................................................................... 13 3.6. Threats to the Preble’s Mouse ........................................................................................ 15 3.7. Preble’s Meadow Jumping Mouse Critical Habitat ....................................................... 18 4. ENVIRONMENTAL BASELINE ........................................................................................ 20 4.1. Status of the Preble’s Meadow Jumping Mouse within the Action Areas ..................... 22 4.2. Regulatory Actions under the ESA Completed by the Service for the Preble’s Meadow Jumping Mouse ......................................................................................................................... 22 4.3. Status of the Preble’s Meadow Jumping Mouse Critical Habitat within the Action Area 24 5. EFFECTS OF THE ACTION ............................................................................................... 24 5.1. Effects to the Preble’s Meadow Jumping Mouse ........................................................... 25 5.2. Effects to Critical Habitat ............................................................................................... 25 5.3. Cumulative Effects ......................................................................................................... 26 6. CONCLUSION ..................................................................................................................... 26 INCIDENTAL TAKE STATEMENT .......................................................................................... 27 1. Introduction ........................................................................................................................... 27 2. AMOUNT OR EXTENT OF TAKE ..................................................................................... 28 2.1. Reasonable and Prudent Measures ................................................................................. 28 2.2. Terms and Conditions .................................................................................................... 28 3. CONSERVATION RECOMMENDATIONS ...................................................................... 29 4. REINITIATION NOTICE ..................................................................................................... 29 REFERENCES CITED ................................................................................................................. 31 2019-F-1099: FEMA, Larimer County Road 44H 4 BIOLOGICAL OPINION 1. DESCRIPTION OF THE PROPOSED ACTION The project corridor spans 10.1 miles westward along LCR 44H from its intersection with LCR 27. Approximately 7.5 miles of the project corridor is within habitat for the Preble’s mouse, all of which is designated critical habitat. The purpose of the project is to permanently repair the roadway to its pre-flood condition, install larger culverts to reduce the risk of additional damage from future flooding events, and improve environmental conditions. Damage incurred from the 2013 flood included the removal of the existing roadway, removal or severe damage to existing drainage culverts, relocation of the Buckhorn Creek channel, removal of roadway armoring, removal of roadway surfacing, and severe slope erosion. Reconstruction includes replacing or improving roadway embankment, roadway surfacing, drainage structures at six locations, minor bank armoring, and revegetation. Construction is expected to begin in late summer/fall 2020 and last until late fall 2022 or early 2023, and will occur during daylight hours only. Staging areas for temporary storage of equipment and materials during construction will be mostly located on previously disturbed ground. Approximately 7.8 miles of roadway will be reconstructed by raising it to pre-flood elevations using imported