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United States Department of the Interior FISH and WILDLIFE SERVICE Southern Nevada Fish and Wildlife Office 4701 North Torrey Pines Drive Las Vegas, Nevada 89130

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United States Department of the Interior FISH and WILDLIFE SERVICE Southern Nevada Fish and Wildlife Office 4701 North Torrey Pines Drive Las Vegas, Nevada 89130 United States Department of the Interior FISH AND WILDLIFE SERVICE Southern Nevada Fish and Wildlife Office 4701 North Torrey Pines Drive Las Vegas, Nevada 89130 IN REPLY REFER TO: 08ENVS00-2019-F-0163.R001 June 15, 2020 Sent by email only Bill Dunkelberger, Forest Supervisor Humboldt-Toiyabe National Forest U.S. Forest Service 1200 Franklin Way Sparks, Nevada 89431 Subject: Reinitiation of formal Consultation under Section 7 of the Endangered Species Act for Effects to Mount Charleston Blue Butterfly for the Lee Canyon Ski Area Master Development Plan – Phase 1, Clark County, Nevada Dear Mr. Dunkelberger: This transmits the U.S. Fish and Wildlife Service (Service) response to your letter received April 22, 2020, reinitiating formal consultation for the Lee Canyon Ski Area Master Development Plan – Phase 1. This Biological Opinion (BO) addresses potential effects to the federally endangered Mount Charleston blue butterfly (Icaricia (Plebejus) shasta charlestonensis) and its designated critical habitat in accordance with section 7 of the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), and 50 CFR § 402 of our interagency regulations governing section 7 of the Act. This biological opinion is based on information provided in your letter; the biological assessment (Westover 2019); the draft and final Environmental Impact Statements (DEIS, FEIS, U.S. Forest Service 2018 and 2019 respectively); communication between the Service and U.S. Forest Service (Forest Service); interagency section 7 consultation regulations in 50 CFR Part 402; scientific publications, articles, and reports; and our files. A complete project file of this consultation is available in the Service’s Southern Nevada Fish and Wildlife Office in Las Vegas. Mr. Dunkelberger (08ENVS00-2019-F-0063.R001) 2 BIOLOGICAL OPINION CONSULTATION HISTORY The following chronology summarizes the consultation process for this biological opinion for the Mount Charleston blue butterfly (MCBB). A complete record of the consultation history is available in our consultation decision file. On July 31, 2019, we received the request for formal consultation and the biological assessment (BA, Westover 2019) from the Forest Service, and after review of the documents, we initiated consultation beginning on this date. August 28, 2019, the Service and Forest Service representative met to clarify Service questions and comments regarding the proposed action. Between July 31, 2019, and October 10, 2019, the Service and Forest Service communicated through emails to clarify the proposed action and its potential effects to MCBB. On November 27, 2019, the Service submitted the draft BO to the Forest Service for review. We received comments from the Forest Service on December 6, 2019. On December 13, 2019, the Service issued the final BO to the Forest Service. On April 20, 2020, the Service sent the Forest Service a letter requesting reinitiation of formal consultation for the Lee Canyon Ski Area Master Development Plan – Phase 1 in response to new information indicating that the proposed action may affect the MCBB in a manner or to an extent not considered in the biological opinion. On April 22, 2020, the Forest Service sent the Service a letter agreeing to reinitiate formal consultation for the Lee Canyon Ski Area Master Development Plan – Phase 1 in response to new information indicating that the proposed action may affect the MCBB in a manner or to an extent not considered in the biological opinion. On May 26, 2020, the Service submitted the draft BO to the Forest Service for review. We received comments from the Forest Service on June 4, 2020. DESCRIPTION OF THE PROPOSED ACTION Definition of the Action Area The implementing regulations for section 7(a)(2) of the Act define the “action area” as all areas to be affected directly or indirectly by the Federal action, including interrelated and interdependent actions, and not merely the immediate area involved in the action (50 CFR § 402.02). Subsequent analyses of the environmental baseline, effects of the action, cumulative effects, and levels of incidental take are based upon the action area as determined by the Service. Regulations implementing the Act define the environmental baseline as the past and present effects of all Federal, State, or private actions and other human activities in the action area (50 CFR § 402.02). Also included in the environmental baseline are the anticipated effects of all Mr. Dunkelberger (08ENVS00-2019-F-0063.R001) 3 proposed Federal projects in the action area that have undergone section 7 consultation, and the effects of state and private actions that are contemporaneous with the consultation in progress. The action area for this consultation occurs in the Spring Mountains National Recreation Area (SMNRA) of the Humboldt-Toiyabe National Forest, Clark County, Nevada and is defined by the Lee Canyon Ski Area Special Use Permit Boundary area (PBA) and a 50-meter buffer from the boundary (Figure 1). The action area has been referred to as the Las Vegas Ski and Snowboard Resort (LVSSR) in the Service’s final listing and critical habitat designation for the MCBB (Service 2013, 2015). The action area is within the Mount Charleston blue butterfly Lee Canyon Critical Habitat Unit (CHU) 2. Proposed Action The Forest Service proposes to authorize Lee Canyon ski area (Lee Canyon) to, under a special use permit, as defined in the BA, DEIS and FEIS (Westover 2019, U.S. Forest Service 2018, 2019): (1) undertake the construction of new infrastructure (Figures 2, 4-7), aspects of which are described in the LCSA Master Development Plan – Phase 1 (MDP); (2) to continue maintenance and operations of the existing Lee Canyon Ski Area (LCSA) and associated infrastructure (Figure 3), and (3) subsequently maintain and operate the new infrastructure (Figures 2, 4-7). Maintenance and operations activities at the LCSA would be ongoing and with no planned end date. The implementation and construction associated with the MDP Phase 1 is expected to occur over a 10-year period (U.S. Forest Service 2019). The Forest Service is only requesting consultation on Phase 1 of the LCSA MDP because Lee Canyon is not currently pursuing anything beyond Phase 1 of its development. The Forest Service has further stated that the MDP is conceptual in nature, and these types of planning documents do not receive substantive review until more detailed plans are developed for implementation, as they have been for Phase 1 in the FEIS (U.S. Forest Service 2019, p.1): Under the terms of the Ski Area Permit Act of 1986, development and operation of ski areas on National Forest System (NFS) lands is guided by MDPs, which describe existing conditions, identify physical, environmental, and socio-economic opportunities and constraints, establish the permittee’s conceptual vision for the ski area, and outline near- to-long-term plans for achieving that vision. As a condition of permit issuance, the Forest Service must review and accept, modify, or deny a ski area’s MDP. MDPs are intended to be dynamic documents, amended or revised periodically to reflect changes in operational opportunities and constraints, recreation-market demands, or agency management requirements. The Forest Service does not request consultation on these kinds of planning documents because of their conceptual and dynamic nature and the uncertainty that elements within them will ever be implemented. The Forest Service and Lee Canyon have indicated that there is no current intention to proceed to Phase 2 and that this phase would depend on the future finances of Lee Canyon, as well as the future review of demand for recreational opportunities. Any future development would not be considered for at least 10 years, at which time there could be many potential changes for the project and the MCBB. The Forest Service and Lee Canyon will want to evaluate many aspects of Phase 1 before considering Phase 2, including the effects of Phase 1 Mr. Dunkelberger (08ENVS00-2019-F-0063.R001) 4 Figure 1. A map of the Lee Canyon Ski Area, which is located in the Spring Mountains National Recreation Area, Clark County, Nevada. Mr. Dunkelberger (08ENVS00-2019-F-0063.R001) 5 on MCBB. Phase 1 can operate without any future development of Phase 2, and Phase 2 is not an expected part of Phase 1 development. It is a stand-alone future project that may or may not occur. Should LCSA pursue a Phase 2 in the future, its scope and micro-sited footprint could be significantly different than its current iteration given the considerable change that can occur in a decade to operational needs of LCSA, as well as the information known about the MCBB. The existing LCSA infrastructure that would be included in ongoing maintenance and operations are the following: • Chair 1, Chair 2, and Chair 3 (lifts); • Roads – roads at the base area, road up Keno, road up The Strip, and road to the snowmaking pond; • Ski runs – Rabbit Peak, Blackjack, Keno Upper, Keno, Slot Alley, Grandma’s, Grandpa’s, Snake, The Strip, The Line, Bimbo, and Flying Home; • Snowmaking along Keno off of Chair 1, The Strip off of Chair 2, The Line off of Chair 2, and Rabbit Peak off of Chair 3; • Structures in the base area; • Trail connecting the base area to the Bristlecone Trail; • Parking area; • And disc golf. The new infrastructure, defined as elements in the BA, that Lee Canyon proposes to construct and then include in ongoing maintenance and operations are the following: • Lift 4: A new carpet lift along the skier’s left edge of the Rabbit
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