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BIOLOGICAL ASSESSMENT for the LUCAS Creek PROJECT KERN

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BIOLOGICAL ASSESSMENT for the LUCAS Creek PROJECT KERN Biological Assessment- Lucas Creek Project BIOLOGICAL ASSESSMENT For the LUCAS Creek PROJECT KERN RIVER RANGER DISTRICT SEQUOIA NATIONAL FOREST Kern County, California PREPARED By:--J; �ATE: February 5, 2018 Nina Hemphi Forest Fish Biologist/Aquatic Ecologist and Watershed Manager This Biological Assessment analyzes the potential impacts associated with implementation of the Lucas Creek Project on federal endangered and threatened species as identified under the Endangered Species Act. The environmental analysis evaluates the preferred alternative. The Lucas Creek Project includes removal of dead and dying trees on 250 acres on Breckenridge Mountain. The project area is located in sections 23, 24, 25, & 26, township 28 south, range 31 east, Mount Diablo Base Meridian on the Kern River Ranger District of the Sequoia National Forest. The project surrounds the Breckenridge subdivision on Breckenridge Mountain approximately 25 miles southwest of the town of Lake Isabella in Kern County California. The intent of the Lucas Creek Project is to remove hazard trees along roads and properties adjoining the Breckenridge Subdivision. The project would also reduce fuels build-up to protect the community and the Lucas Creek upper and middle watershed from high-intensity fire. This will improve forest resilience and watershed health. This document is prepared in compliance with the requirements of FSM 2672.4 and 36 CFR 219.19. Biological Assessment- Lucas Creek Project I. INTRODUCTION The purpose of this Biological Assessment (BA) is to review the potential effects of Lucas Creek Project on species classified as federally endangered and threatened under the Endangered Species Act (ESA, 1973). Federally listed species are managed under the authority of the Endangered Species Act (ESA) and the National Forest Management Act (NFMA; PL 94- 588). The ESA requires federal agencies to ensure that no actions are likely to jeopardize the continued existence of any federally listed species. The ESA requires that a BA be written and that the analysis conducted determine whether formal consultation or conference is required with the United States Department of Interior (USDI) Fish and Wildlife Service (USFWS). This BA is prepared in compliance with the legal requirements set forth under Section 7 of the ESA as amended (19 U.S.C 1536 (c)) and follows the standards established in Forest Service Manual direction (FSM 2672.42), and also provides for compliance with Code of Federal Regulations 50CFR402.12. The US Fish and Wildlife Service IPAC site was used to obtain an official species list of federally threatened, endangered, proposed, and candidate species with potential to occur within the vicinity of the Lucas Creek Project area (Consultation Code:, 08ESMF00-2017-SLI-3117, September I, 2017). This list fulfills the requirement to provide a current species list, pursuant to Section 7.c. of the ESA. The list was updated December 19, 2017; Event Code: 08ESMF00- 20I8-E-02019. The species with potential to occur in or near the Lucas Creek Project Area are listed in Table I. Nine Threatened, Endangered, and/or Candidate species were identified by USFWS as occurring in or near the area. These included the San Joaquin Kit Fox, Tipton Kangaroo, California Condor, Southwestern Willow Flycatcher, Mountain Yellow-legged Frog Northern Distinct Population Segment, California Red-legged Frog, the Delta smelt, the Kern Primrose Sphinx Moth, and the Bakersfield Cactus. No Critical Habitats are within or near the project area. Table I. Federally Threatened, Endangered, and Proposed Species potentially in Lucas Creek p ro1.ec tV'1cm1ty .. Common Name Listing Habitat Requirements Potential for Occurrence Analyzed in (Scientific Name) Status near Project Detail in BA? Tipton kangaroo rat FE Alkali sinks and valley None. Outside elevation No, ou tside known (Dipodomys floor habitat. range of species range. nitratoides) San Joaquin kit fox FE Valley floor annual None. Outside elevation No, outside known (Vulpes macrotis grassland, generally range of species range. mutica) below 1,000 feet. SW willow flycatcher FE Vegetation alongside South Fork Kern Wildlife Yes (Empidonax troi/ii rivers, streams, or Area contains critical extimus) other wetlands habitat; occurs up to 8,000 (riparian habitat). feet. Within range for this Neotropical migrant. California condor FE Mountain and foothill Yes, possibility of foraging Yes (Gymnogyps or overflight, no current californianus) roosting or nesting nearby 2 Biological Assessment- Lucas Creek Project rangeland and forest habitats; nests on cliffs and in very large trees California red -legged FT Low gradient streams None. Outside elevation No, outside known frog (Rana aurora and ponds with range of species range. draytonii) emergent Vegetation. Mountain yellow- FE Permanent and Yes, Lucas Creek and the Yes legged frog (Rana intermittent streams meadows within project - muscosa) and meadows above boundaries contain 4500 feet. suitable habitat for MYLF Delta smelt FT Limited to San Joaquin/ None. No outlet from the No, outside known (Hypomesus Sacramento Delta. Kern River to the Delta range. transpacificus) Kern Primrose Sphinx FT Limited to Walker None. Outside elevation No, outside known Moth (Euproserpinus Basin, Carrizo Plain and range of species range. euterpe) Cuyama Valley Bakersfield Cactus FE Saltbush scrub, at None. Outside elevation No, outside known (Opuntia treleasei) elevations from 460 to range of species range. 1,800 feet. Kern Canyon slender UR Ephemeral, Yes, Lucas Creek tributaries Yes salamander intermittent, and and their riparian areas (Batrachoseps perennial streams and contain habitat. simatus) their riparian areas. FE Federally Endangered; FT Federally Threatened, UR Under Review II CONSULTATION TO DATE Southwestern Willow Flycatcher The Southwestern Willow Flycatcher was listed as endangered in February, 1995 (Federal Register Vol. 60, No. 38 0698/ February 27, 1995). Basin and Mohave Recovery Unit show the South Fork Kern River (Critical Habitat #7 Federal Register Vol. 62, No. 140 July 22, 1997). In 2013, the Kern Management Unit extended Critical Habitat from Lake Isabella to Canebrake Creek (Federal Register Vol. 78, No. 2 January 3, 2013). Since the listing of the South West Willow Flycatcher, the Forest has conducted both formal and informal consultations with the USFWS on a variety of projects. The last formal consultation was conducted in February 20 I 3 for the Giant Sequoia National Monument EIS (08ESMF00- 20 l 2-F-0429- I). California Condor The California condor (Gymnogyps cal(fornianus) was listed as endangered on March I I, 1967 (32 Federal Register (FR) 400 I), with critical habitats designated on September 24, 1976 (41 FR 187) within Tulare, Kern, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties. Designated critical habitats closest to the project vicinity include the Kern County Rangelands (Critical Habitat #8 USFWS I 996) and the Tejon Ranch (Critical Habitat #7). Both are 3 Biological Assessment- Lucas Creek Project considered important foraging zones located northwest and southwest of the Lucas Creek Project area. Neither of these designated critical habitats overlap with any portion of the Lucas Creek Project area. Since the listing of the California condor, the Forest has conducted both formal and informal consultations with the USFWS on a variety of projects. The last formal consultation was conducted in February 2013 for the Giant Sequoia National Monument EIS (08ESMF00-2012-F- 0429-1 ). Mountain Yellow-legged Frog Mountain yellow-legged frog (Rana muscosa, Northern Distinct Population Segment NDPS) was listed as an endangered species (Federal Register: Vol. 79 No. 82 24255 April 29, 2014). Critical habitat was designated for this species (Federal Register: Vol. 81 No. I 66, 59046 August 26, 2016). None of the areas identified for critical habitat designation occur within the Lucas Creek Project area. A programmatic Biological Assessment (BA) was completed by the Pacific Southwest Regional Office of the Forest Service for the three Sierra Amphibians proposed for federal listing. The Programmatic BA and the US Fish and Wildlife Service Biological Opinion were signed in 2014. The Regional BA and the USFWS Biological Opinion (FF08ESMF00- 2014-F-0557) are incorporated by reference for this analysis. Relictual Slender Salamander The Relictual (Batrachoseps re/ictus) Slender Salamanders (Batrachoseps simatus) is Under Review as a result of a 90 Substantial Finding on a Petition to List this species (Federal Register: Vol. 80 No. 126, 37568 July I, 2015). US Fish and Wildlife Service (Service) initiated a review of the status of this and other species to determine if the petitioned actions are warranted. III. CURRENT ANAGEMENT DIRECTION Direction regarding threatened, endangered, or proposed species is provided in the Forest Service Manual (FSM 2672.1 & 2672), the National Forest Management Act (NFMA), the Code of Federal Regulations (CFR 219.19), the Sequoia National Forest Land and Resource Management Plan (LRMP) (USDA 1988), the 1990 Mediated Settlement Agreement (MSA), the 2004 Final Supplemental Sierra Nevada Forest Plan Amendment (SNFPA, USDA 2004), the Endangered Species Act, species specific recovery plans, and Regional Forester policy and management direction. The 2004 SNFPA standards and guidelines applicable to the listed species under consideration in this Biological Assessment support the retention of structural attributes of suitable habitat important for the
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