5th Street Bridge Replacement Project BA

Biological Assessment for Valley Elderberry Longhorn ( californicus dimorphus) 5th Street Bridge Replacement Project City of Yuba City Sutter and Yuba County, California 03–SUT/YUB–Yuba City BHLS-5163(025)

September 2011

For individuals with sensory disabilities, this document is available in Braille, large print, on audiocassette, or computer disk. To obtain a copy in one of these alternate formats, please call or write to Caltrans, Attn: Cara Lambirth, District 3, 703 "B" Street, Marysville, CA 95901; (530) 741-4109, or use the Caltrans District 3 Office of Equal Opportunity TTY number, 530-741-4509.

Biological Assessment for Valley Elderberry ( dimorphus) 5th Street Bridge Replacement Project City of Yuba City Sutter and Yuba County, California 03–SUT/YUB–Yuba City BHLS-5163(025)

September 2011 STATE OF CALIFORNIA Department of Transportation

City of Yuba City

Prepared By: ______Date: ______Sarah Jenkins, Biologist (916) 858-0642 Dokken Engineering

Reviewed By: ______Date: ______Maureen Doyle, Associate Biologist (530) 741-4470 Biological Studies and Permits Caltrans, District 3

Approved By: ______Date: ______Susan D Bauer, Environmental Branch Chief (530) 741-7113 Environmental Planning Caltrans, District 3

 Summary of Findings, Conclusions and Determinations

Summary of Findings, Conclusions and Determinations

This Biological Assessment (BA) is a review and evaluation of the potential effects to the federally listed species valley elderberry longhorn beetle (VELB) (Desmocerus californicus dimorphus) as a result of the proposed 5th Street Bridge Replacement Project. The City of Yuba City, in cooperation with the City of Marysville and the California Department of Transportation (Caltrans), proposes replace the structurally deficient and seismically inadequate 5th Street Bridge. The existing bridge facility is at risk should a seismic event occur, and it does not meet Caltrans structural design standards. Due to the seismic risk, the 5th Street Bridge has been included in the State Mandatory Retrofit Program. A combination of local and Federal funds have been approved for the 5th Street Bridge Replacement Project.

In August 2011, a Draft Natural Environment Study (NES) was prepared for the proposed 5th Street Bridge Replacement Project, located at the boundary between the City of Marysville, Yuba County and the City of Yuba City, Sutter County. A small population of elderberry shrubs ( mexicana), which provide potential habitat for the federally- listed VELB, were identified within the Biological Study Area (BSA). The August 2011 Draft NES also addressed several other federal species, but these are under the jurisdiction of the National Marine Fisheries Service and are not addressed here.

Various avoidance and minimization measures were developed to ensure that potential project impacts to VELB would be minimized to the greatest extent practicable. Due to the location of the bridge structure, some elderberry shrubs must be removed to accommodate project construction. However, no critical habitat would be affected, and with proposed mitigation there would be no cumulative effects on VELB from the proposed project. Therefore, the project may affect, but is not likely to adversely affect VELB and this document has been prepared to initiate Section 7 Consultation with USFWS.

During construction, the Project would implement avoidance and protective measures as described in “Conservation Guidelines for the Valley Elderberry Longhorn Beetle” (USFWS 1999). The Project would mitigate for removal of 12 elderberry shrubs by purchasing 9 credits from River Ranch Conservation Bank, a USFWS-approved VELB mitigation bank. Final impacts and mitigation requirements will be determined through Section 7 consultation with the USFWS.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 i Table of Contents

Table of Contents

Chapter 1. Introduction ...... 1 1.1. Project Description ...... 1 1.1.1. Purpose and Need ...... 1 1.1.2. Build Alternatives ...... 2 1.2. Summary of Consultation to Date ...... 8 1.3. Document Preparation History ...... 8 Chapter 2. Study Methods ...... 9 2.1. Listed and Proposed Species Potentially in the Biological Study Area ...... 9 2.1. Studies Required ...... 10 2.2. Personnel and Survey Dates ...... 13 2.3. Agency Coordination and Professional Contacts ...... 13 2.4. Limitations That May Influence Results ...... 13 Chapter 3. Results: Environmental Setting ...... 14 3.1. Description of Existing Biological and Physical Conditions ...... 14 Chapter 4. Results: Biological Resources, Discussion of Impacts and Mitigation ...... 15 4.1. Federally-Listed or Proposed Species Occurrences ...... 15 4.1.1. Discussion of Animal Species ...... 15 4.1.1.1. Survey Results ...... 16 4.1.1.2. Critical Habitat ...... 17 4.1.1.3. Project Effects ...... 18 4.1.1.4. Avoidance and Minimization Efforts ...... 20 4.1.1.5. Modifications to the Project to Mitigate Effects ...... 21 4.1.1.6. Cumulative Effects ...... 22 Chapter 5. Conclusions and Determination ...... 24 5.1. Conclusions ...... 24 5.2. Determination ...... 24 Chapter 6. References ...... 25

Appendix A Representative Elderberry Photographs Appendix B USFWS Species List Appendix C VELB Federal Register

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 ii List of Figures

List of Figures

Figure 1. Project Vicinity ...... 3 Figure 2. Project Location ...... 4 Figure 3. Project Features ...... 6 Figure 4. BSA ...... 12 Figure 5. Elderberry Locations Within BSA ...... 19

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 iii List of Tables

List of Tables

Table 1: Listed Species Potentially Occurring in the Project Area...... 9 Table 2: Elderberry shrub observations ...... 16 Table 3: Impacted Elderberry Shrubs ...... 20 Table 4: USFWS Elderberry Mitigation Ratios ...... 21 Table 5: Elderberry Project Mitigation ...... 22

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 iv List of Abbreviated Terms

List of Abbreviated Terms

BA Biological Assessment BSA Biological Study Area Caltrans California Department of Transportation ESA Environmentally Sensitive Area FHWA Federal Highway Administration NES Natural Environment Study USFWS U.S. Fish and Wildlife Service VELB Valley Elderberry Longhorn Beetle

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 v Chapter 1 Introduction

Chapter 1. Introduction

The purpose of this biological assessment (BA) is to provide technical information and to review the proposed project in sufficient detail to determine what extent the proposed project may affect threatened, endangered, or proposed species. The BA is prepared in accordance with legal requirements found in section 7 (a)(2) of the Endangered Species Act (16 U.S. C 1536(c)) and with Federal Highway Administration (FHWA) and California Department of Transportation (Caltrans) regulation, policy and guidance. The document presents technical information upon which later decisions regarding project impacts are developed. The 5th Street Bridge Replacement Project will use a combination of Local and Federal funds.

1.1. Project Description

1.1.1. Purpose and Need Purpose The purpose of the 5th Street Bridge Replacement Project is to replace a structurally deficient and seismically inadequate bridge in order to:

 Enhance safety on one of the two major east-west connection corridors which link Yuba City and Marysville by providing a safer vehicular, pedestrian, and bicycle crossing over the Feather River;

 Provide a transportation facility consistent with Caltrans Standards, as well as local, regional, and statewide plans.

 Improve levels of service by adding two additional through lanes across the Feather River.

Need The existing 5th Street Bridge is rated “structurally deficient” by Caltrans under FHWA prescribed inspection criteria. Full replacement of the bridge is needed because the current structure does not meet structural design standards. It is included in the State Mandatory Retrofit Program since Caltrans has identified the bridge as being subject to collapse in a large seismic event. Additional Capacity is needed because traffic forecasts show intersection and roadway segments operating at failing levels of service by 2035.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 1 Chapter 1 Introduction

1.1.2. Build Alternatives No-Build Alternative The No-Build, or “Do Nothing,” Alternative would not improve the transportation corridor along Bridge Street between Yuba City and Marysville. The existing bridge would not be replaced and would remain deficient for both seismic and vehicle capacity concerns.

Build Alternative The City of Yuba City, in cooperation with the City of Marysville, proposes to replace the 5th Street Bridge (Bridge Number 18C-0012) over the Feather River and improve approach roadways to the bridge (Figure 1 Project Vicinity and Figure 2 Project Location). The 5th Street Bridge is a major arterial connector between the two cities serving local, commercial, commuter, pedestrian, and bicycle traffic. Built in 1958, the prestressed concrete stringer bridge is approximately 1,865 feet long, 42 feet wide, and carries two 12-foot lanes of traffic across the river. A 10-foot Class I pedestrian and bicycle path is located next to the two vehicular lanes on the north side of the bridge deck.

The existing facility is located between Sutter and Yuba Counties and connects Bridge Street in Yuba City to 5th Street in Marysville. Project limits in the City of Marysville span from 5th and I Street to I and 3rd Street in the south, portions of River Front Park in the west and continuing over the Feather River into the City of Yuba City limits. Project limits within the City of Yuba City include the roadway along 2nd Street, small portions of Sutter, Yolo and Boyd Streets in the south and the western expanse of Bridge Street at the intersection with 2nd street and terminating just past the intersection at Shasta Street.

In 2008 the Bridge was found to be seismically vulnerable to soil liquefaction and was recommended for replacement. The project would replace the existing bridge over the Feather River in order to resolve seismic safety concerns and improve traffic operations. A combination of Local Agency and Federal (Highway Bridge Program, Regional Surface Transportation Project, and High Priority Project) funds have been approved for the 5th Street Bridge Replacement project.

Description of work to be done would include:

 Construction of a new four-lane bridge over the Feather River;

 Construction of a new four-lane bridge over 2nd Street;

 Expansion of 5th Street from two lanes to four lanes between the new bridge and J Street in Marysville, including four lanes under the Union Pacific Railroad;

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R V:\3581_5thStBridge\PES\F1_Vic_10-21-10.mxd Source: Digital Globe 2/1/2008; Dokken Engineering 5/6/2011; Created By: T. Chamberlain FIGURE 1 PROJECT VICINITY Federal Project No. BHLVS-5918(062) I Fifth Street Bridge over theFeather River 0 4 City of Yuba City, City of Marysville, Miles Yuba County, and Sutter County, California h St u g ck Slo Bal Sukh Mhp Rd Ja St St Cassidy Ave Private Rd Darrough Dr St 18th St e Dr k Winslow Dr a Marysville L 17th St

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Bunce Rd Levee Rd V:\3581_5thStBridge\PES\F1_Vic_10-21-10.mxd Source: Digital Globe 2/1/2008; Dokken Engineering 5/6/2011; Created By: T. Chamberlain FIGURE 2 PROJECT LOCATION Federal Project No. BHLVS-5918(062) I Fifth Street Bridge over theFeather River 0 1 City of Yuba City, City of Marysville, Miles Yuba County, and Sutter County, California Chapter 1 Introduction

 Improvements to the 5th Street and J Street Intersection in Marysville including a new eastbound dedicated right turn lane on to J Street and reconstruction of sidewalks and curb ramps to current American with Disabilities Act standards;

 Removal of stop logs on the top of the Marysville levee and construction of a short three foot floodwall extension from the bridge. Installation of a levee cut-off wall through the central portion of the levee;

 Widening of the 5th Street approach roadway between 2nd Street and Shasta Street from two lanes to four lanes;

 Realignment of 2nd Street under the bridge, construction of raised median, and extension of the left turn lane from 2nd Street to westbound Bridge Street;

 Reconstruction of the eastbound approach to the bridge and removal of the abandoned UPR overpass above the on-ramps; and

 Add signalized intersections at the 2nd Street intersections with Bridge Street and the westbound ramps at the intersection of Sutter Street and 2nd Street in Yuba City. It is anticipated that the maximum depth of excavation would be 15 feet for the pier foundations and 10 feet deep at the bridge abutments to prepare the location for fill and placement of footings and piles that would support the new bridge.

The project includes a Class I multi-use trail over the river with expanded connectivity in Yuba City. This trail would provide pedestrian and bicycle access over the river between Yuba City and Marysville. The Class I trail would be separated from 5th Street by a barrier and would be constructed with a flatter profile than the roadway (Figure 3 Project Features).

Minor relocation of utilities are expected on the bridge approach roadways. The new bridge would contain conduits for bridge lighting, communications and future uses. The new bridge may contain a water line connecting the two independent City systems for use in emergency situations.

The connector roadway from 2nd Street to westbound Bridge Street would cross the Gilsizer County Drainage District stormwater detention facility. Some roadway embankment would be placed in the southeast end of the basin. The detention capacity lost to the new embankment would be replaced with additional capacity by developing an adjacent basin in the center of the westbound loop off-ramp.

Because of the size of the project and the nature of expanding the crossing from two lanes to four, most of the staging areas are included in the proposed construction footprint. However 5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 5 Sutter Street

Pedestrian Facility Potential Project Area Staging Match Line - See AreaSheet 2 Potential Staging Area

New 5th Street Bridge Facility 12 13

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Potential Staging Area V:\1858_5thStBridge\F3-Project_Features_Page1_9-27-11.mxd Source: Dokken Engineering 4/21/2011; Created By: T. Chamberlain FIGURE 3 Project Features Page 1 of 2 5th Street Bridge Replacement Project Federal Project No. BHLS-5163(025) 0 200 400 600 City of Yuba City, City of Marysville, I Feet Yuba County and Sutter County, California

J Street 6th Street

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52-511-08 Project Area Feather River Potential Staging Area V:\1858_5thStBridge\F3-Project_Features_Page2_9-27-11.mxd Source: Dokken Engineering 4/21/2011; Created By: T. Chamberlain FIGURE 3 Project Features Page 2 of 2 5th Street Bridge Replacement Project Federal Project No. BHLS-5163(025) 0 200 400 600 City of Yuba City, City of Marysville, I Feet Yuba County and Sutter County, California

Chapter 1 Introduction

additional staging areas may be used as necessary for project construction located in the following places: 1) a paved parking area north of the bridge in Riverfront Park and 2) a portion of the old Feather River Mill Site at the southeast corner of Shasta and Bridge Streets. Both of these areas are included in the project area.

While the proposed project includes a four lane crossing of the Feather River, the design would consider the possibility of phasing the construction. Dependent upon the timing of construction funds, the first phase would be a new two-lane crossing, followed by the widening to a four-lane crossing in a second construction package.

1.2. Summary of Consultation to Date

United State Fish and Wildlife Service This document is part of a Section 7 Consultation with the U.S. Fish and Wildlife Service (USFWS) for valley elderberry longhorn beetle (VELB) (Desmocerus californicus dimorphus) due to elderberry (Sambucus mexicana) shrubs found in the BSA of the 5th Street Bridge Replacement Project.

1.3. Document Preparation History

This BA was prepared by Dokken Engineering and Caltrans in September 2011. Preparation of this document followed the preparation of the Draft Natural Environment Study (NES) (2011). Basic preparers for the BA are as follows:

Dokken Engineering Sarah Jenkins, Associate Environmental Planner/Biologist 916-858-0642 Angela Scudiere, Environmental Planner/Biologist 916-858-0642

Caltrans Maureen Doyle, Associate Biologist 530-741-4470 Susan D Bauer, Environmental Branch Chief 530-741-7113

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 8 Chapter 2 Study Methods

Chapter 2. Study Methods

Focused biological surveys were conducted on April 27, 2011 and July 19, 2011. The surveys aimed to identify the presence of any elderberry shrubs within the BSA.

2.1. Listed and Proposed Species Potentially in the Biological Study Area

Habitat supporting VELB is present in the biological study area (BSA) and several elderberry shrubs were recorded within the project area; consequently, there is potential for VELB to be present. Critical Habitat for VELB is not located in the BSA.

Table 1: Listed Species Potentially Occurring in the Project Area. Scientific Common Status General Habitat Habitat Rationale Name Name Description Present/ Absent Fish species Most marine living of other Project transects the lower sturgeon species. Currently Feather River, a water believed to only spawn in the body listed within the Final Sacramento River, Rogue Critical Habitat for the River, Klamath and Trinity CH Southern DPS of Green Rivers (Klamath River basin) sturgeon. to spawn. Known to occupy Acipenser Green FT other river bodies including medirostris sturgeon the lower Feather River; spawning not recorded. Large cobbles preferred for spawning, but may utilize a range of substrates from bedrock to sand. Spawning occurs Mar-Jul. Spawning occurs in small Project transects the lower tributaries on coarse gravel Feather River, a water beds in riffle areas. Central body below the Oroville Valley steelhead are found in dam, within the the Sacramento River system; CH Sacramento River system Central Oncorhynchus the principal remaining wild and within Critical Habitat Valley mykiss populations spawn annually for the California Central steelhead FT in Deer and Mill Creeks in Valley Steelhead, Tehama County, in the lower Marysville Hydrologic

Yuba River, a small Unit. population in the lower Stanislaus River and, though potentially extirpated, from the San Joaquin basin.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 9 Chapter 2 Study Methods

Scientific Common Status General Habitat Habitat Rationale Name Name Description Present/ Absent Spring-run Chinook enter the Project transects the lower Sacramento-San Joaquin Feather River, a water River system to spawn, body below the Oroville requiring larger gravel dam, within the Oncorhynchus Central particle size and more water CH Sacramento River system tshawytscha Valley flow through their redds than and within Critical Habitat spring-run FT other salmonids. Remaining for the Central Valley chinook runs occur in Butte, Mill, Spring-run Chinook salmon Deer, Antelope, and Beegum Salmon, Marysville Creeks, tributaries to the Hydrologic Unit. Sacramento River. Known to occur in Siskiyou and Trinity counties. Invertebrate species Requires elderberry shrubs (Sambucus sp.) as host plants. Typically in moist valley oak woodlands The site transects the lower Valley associated with riparian HP Feather River within a Desmocerus elderberry corridors in the lower riparian corridor. Focused californicus FT longhorn Sacramento River and upper surveys on 4/27/11 found dimorphus beetle San Joaquin River drainages. presence of required Prefers elderberries 2-8 elderberry shrubs. inches in diameter; some preference toward ‘stressed’ elderberries.

Absent [A] - No habitat present and no further work needed. Habitat Present [HP] - Habitat is, or may be present. The species may be present. Present [P] - Species is present Critical Habitat [CH] - Project footprint is located within a designated Critical Habitat unit, but does not necessarily mean that appropriate habitat is present. Status: - Federal Threatened (FT);

2.1. Studies Required

A list of sensitive species potentially occurring within the project area was compiled to evaluate potential impacts resulting from project construction during the drafting of the 2011 NES. Among the species listed as potentially occurring within the Project area was VELB. Focused biological surveys conducted on April 27 and July 19, 2011 identified the presence of elderberry shrubs within the BSA (Figure 4 BSA). A total of 25 elderberry shrubs were identified with stems greater than or equal to one inch, measured at ground level. Due to the presence of elderberry shrubs within project limits, an assessment of potential project effects on VELB is required.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 10 Chapter 2 Study Methods

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5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 11 Potential Staging Area Biological Study Area

Potential Staging Area

Potential Staging Potential Area Staging Area

Potential Staging Area V:\1858_5thStBridge\BSA_6-29-11.mxd Source: Dokken Engineering 6/29/2011; Created By: T. Chamberlain FIGURE 4 Biological Study Area 0 500 1,000 1,500 5th Street Bridge Replacement Project Feet Federal Project No. BHLS-5163(025) City of Yuba City, City of Marysville, I Yuba County and Sutter County, California

Chapter 2 Study Methods

2.2. Personnel and Survey Dates

The BSA was surveyed by Dokken Engineering Biologists Sarah Jenkins and Angela Scudiere. On April 27 and July 19, 2011 (Figure 4 BSA). Focused biological surveys identified the presence of elderberry shrubs within the BSA. Elderberry shrubs were measured at ground level and stems greater than 1.0 inch were thoroughly searched for beetle exit holes.

2.3. Agency Coordination and Professional Contacts

This BA initiates formal consultation with USFWS for elderberry shrubs observed in the vicinity of the 5th Street Bridge Replacement Project.

2.4. Limitations That May Influence Results

The results of the surveys were not subject to any limitations.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 13 Chapter 3 Results: Environmental Setting

Chapter 3. Results: Environmental Setting

3.1. Description of Existing Biological and Physical Conditions

Land surrounding the project area includes urban open space (managed parkland), developed commercial, and a disturbed riparian corridor along the Feather River. The project will result in the permanent removal of approximately 0.3 acres of riparian vegetation. In addition, approximately less than 0.1 acre of the Feather River, considered a jurisdictional waters of the U.S., will be impacted. No wetlands are present in the project area. For a complete description of the existing biological and physical conditions of the BSA see the 2011 Draft NES.

Vegetation communities in the BSA are limited to riparian vegetation and disturbed (ruderal) areas. A narrow, disturbed riparian corridor is present along the Feather River, less than 30 feet wide on portions of the bank due to levee management, disturbance and development. Dominant tree species found within the riparian habitat onsite consist of Valley oak (Quercus lobata), box elder (Acer negundo), California black walnut (Juglans californica), Fremont’s cottonwood (Populus fremontii), and willows (Salix sp.). Dominant understory species within the BSA include spring vetch (Vicia sativa), hairy vetch (Vicia villosa), Himalayan blackberry (Rubus discolor), non-native grasses, elderberry, and California grape (Vitis californica). Annual native and non-native grasses extend beyond the riparian corridor.

The BSA falls within the Great Central Valley, Sacramento Valley floristic province and contains many weed species identified as being invasive to the region. Based on the California Invasive Plant Council (Cal-IPC) Inventory Database for the Great Central Valley province, the following non-native species observed during biological surveys are listed with an invasiveness rating of moderate or high: tree of heaven (Alianthus altissima), black mustard (Brassica nigra), ripgut (Bromus diandrus), bull thistle (Cirsium vulgare), poison hemlock (Conium maculatum), blue gum (Eucalyptus globulus), common fig (Ficus carica), cutleaf geranium (Geranium dissectum), tree tobacco (Nicotiana glauca), Himalayan blackberry (Rubus armeniacus), curly dock (Rumex crispus), and blessed milk thistle (Silybum marianum) (Cal-IPC 2006).

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 14 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

Chapter 4. Results: Biological Resources, Discussion of Impacts and Mitigation

This chapter describes legal status and distribution, Critical Habitat in the study area, habitat requirements, reasons for decline, status in the project vicinity, and survey results for VELB.

4.1. Federally-Listed or Proposed Animal Species Occurrences

The listed wildlife species, VELB, was identified as having the potential to occur in the study area. This species is the focus of this BA document and is discussed below.

4.1.1. Discussion of Animal Species VELB is federally listed as a threatened species. Critical Habitat was designated by the USFWS on August 8, 1980 (45 Federal Register [FR] 52803). In 2006 discussions regarding the potential delisting of VELB occurred, however, to date no final determination has been made.

Elderberry shrubs are obligate hosts for VELB larvae. Elderberry shrubs are often associated with cottonwood (Populus sp.), willow, ash (Fraxinus sp.), oak (Quercus sp.) and walnut (Juglans sp.) – species common to the riparian forests and adjacent uplands in the Central Valley and foothills the elderberry inhabits (Barr 1991). The VELB’s range has been reduced and greatly fragmented due to a loss of elderberry inhabited communities, most especially riparian habitat loss. Habitat loss is derived from agricultural development, urbanization, levee maintenance and pesticide drift where aerial application or fogging of crops occurs near riparian habitats (USFWS 1999 and Barr 1991).

Adult VELB feed on elderberry foliage and are present from March through early June. During this time, the adults mate within the canopy and females lay their eggs, either singularly or in small clusters, in living elderberry bark crevices or at the junction of stem/trunk or leaf petiole/stem (Barr 1991). After eggs hatch, the first instar larvae burrow into the host elderberry stems to feed on pith for one to two years. As the larvae becomes ready to pupate, it chews outward from the center of the stem through the bark. After the larvae plugs the newly constructed emergent hole with shavings, it returns to the pupal chamber to metamorphose, and will emerge in mid-March through June as adults (USFWS 2006). Elderberry stems with emergence holes indicates current and/or previous VELB presence. VELB utilize stems greater than 1 inch diameter and produce circular to oval

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 15 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

emergent holes 7 to 10 millimeters in diameter with the majority occurring 4 feet or less above the ground (Barr 1991).

4.1.1.1. SURVEY RESULTS The biological surveys conducted on April 27 and July 19, 2011 revealed 25 elderberry bushes with stems greater than one inch, the minimum size for the federally threatened VELB to utilize elderberry as its host species, are within project limits (Figure 5: Affected Elderberry Location and Appendix A Representative Photographs). Shrubs were measured for number of stems greater than 1”, measured at ground level; table 2 lists the measurement data recorded from the field. When the elderberry shrubs were searched for presence of VELB, one shrub (see shrub ID # 16 in Table 2) was observed having potential emergence holes on several dead branches. There were no observed signs of emergence holes, past or current on the live tissues of shrub ID # 16.

Table 2: Elderberry shrub observations Stem Approximate Stem Stem Potential Shrub diam. Approx Distance diam.* diam. Condition Exit Habitat ID # * 1"- .Height from work 3"- 5" * > 5" Holes 3” area Adjacent to river and 1 5 1 -- 8' Good No beneath 5th Riparian Street bridge deck. 2 1 -- -- 7’ Good No See 1 Riparian 3 1 -- -- 7’ Good No See 1 Riparian Beneath 3’; Non- 4 1 -- -- Good No Railroad leaning Riparian bridge deck. Non- 5 1 -- -- 12’ Good No See 4 Riparian Non- 6 5 -- -- 10’ Good No See 4 Riparian Non- 7 1 -- -- 8’ Good No See 4 Riparian Non- 8 -- 1 -- 10’ Good No See 4 Riparian Between Railroad bridge and 5th Non- 9 -- 1 -- 10’ Good No Street Bridge; Riparian bridge deck no closer than 10’ from dripline. 10 1 -- 7’ Good No See 9 Non-

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 16 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

Riparian Non- 11 1 -- -- 8’ Good No See 9 Riparian Non- 12 -- 1 -- 8’ Good No See 9 Riparian Non- 13 -- -- 1 (6”) 10’ Good No See 9 Riparian Non- 14 1 -- -- 6’ Good No See 9 Riparian Good; wrapped Non- 15 1 -- -- 8’ No around a Riparian box elder. See 9 Beneath 5th Non- 16 -- -- 1 (15”) 12’ Fair Yes Street bridge Riparian deck. Non- 17 -- 1 -- 10’ Good No See 16 Riparian 18 -- -- 1 (10”) 20’ Good No See 16 Riparian See 16 Non- 19 1 -- -- 8’ Good No Riparian See 16 Non- 20 3 -- -- 8’ Good No Riparian 3’; See 16 Non- 21 1 -- -- Good No leaning Riparian See 16 Non- 22 2 -- -- 3’ Good No Riparian See 16 Non- 23 1 -- -- 6’ Good No Riparian See 16 Non- 24 1 -- -- 8’ Good No riparian See 16 Non- 25 6 1 -- 8’ Good No riparian *Diameter measured at ground level The elderberry shrubs were observed growing beneath both the existing bridge and railroad structures, most often adjacent to cement piers from the existing 5th Street Bridge. Valley oak, box elder, cottonwood, California walnut, wild grape and willows were found in proximity to the elderberry shrubs. Within the BSA, elderberry shrubs were only observed on the eastern bank of Feather River.

4.1.1.2. CRITICAL HABITAT Based on USFWS Critical Habitat maps, Critical Habitat for the VELB is not present in the project BSA (USFWS 1984, USFWS 2011).

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 17 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

4.1.1.3. PROJECT EFFECTS Direct Effects The project will require the removal of 12 elderberry shrubs greater than or equal to 1 inch currently growing beneath the 5th Street Bridge, see Table 3 Impacted Elderberry Shrubs. One of the 12 shrubs requiring removal, shrub ID # 16, was observed to have old VELB exit holes on several dead stems; no exit holes were observed on living elderberry tissues. In compliance with USFWS 1999 guidelines, elderberry shrubs beneath the existing 5th Street

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 18 Elderberry Shrubs

Shrub 25 Shrub 24

Existing 5th Street Bridge

Shrubs 21 and 22

Shrubs 19 and 20 Shrubs 16 and 17

Shrub 18

Shrub 23 Shrubs 1, 2, and 3

Shrubs 4-15 Existing Railroad Bridge V:\1858_5thStBridge\VELBsurvey_7-29-11.mxd Source: Dokken Engineering 7/21/2011; Created By: A. Scudiere FIGURE 5 Elderberry Shrub Locations Within BSA 0 50 100 150 200 5th Street Bridge Replacement Project Feet Federal Project No. BHLS-5163(025) City of Yuba City, City of Marysville, I Yuba County and Sutter County, California

Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

Bridge structure shall be transplanted where practicable. In addition, several elderberry shrubs occupying the space between the railroad bridge and the 5th Street Bridge may require minor trimming to their existing driplines to facilitate bridge removal. As the project is outside VELB designated Critical Habitat and no past or current VELB emergence holes were identified on living elderberry tissues, the project is not expected to directly impact any VELB specimen. However, the presence of old emergence holes on dead elderberry branches indicates the population of elderberry shrubs onsite provided habitat for VELB and is capable of providing habitat in the future. Avoidance, minimization and mitigation measures have been incorporated into the project design to offset potential direct impacts to VELB. Therefore, it is anticipated the project may affect, but is not likely to adversely affect VELB. Table 3: Impacted Elderberry Shrubs Stem diam.* Stem diam.* Stem diam. Approx. Potential Shrub ID # Condition 1"-3” 3"- 5" * > 5" Height Exit Holes 1 5 1 -- 8' Good No 2 1 -- -- 7’ Good No 3 1 -- -- 7’ Good No 16 -- -- 1 (15”) 12’ Fair Yes 17 -- 1 -- 10’ Good No 18 -- -- 1 (10”) 20’ Good No 19 1 -- -- 8’ Good No 20 3 -- -- 8’ Good No 3’; 21 1 -- -- Good No leaning 22 2 -- -- 3’ Good No 24 1 -- -- 8’ Good No 25 6 1 -- 8’ Good No *Diameter measured at ground level

Indirect Effects Indirect impacts to the 13 shrubs located between the existing bridge structure and the rail road structure would be limited to dust accumulation and the additional disturbance to riparian habitat. However, avoidance, minimization and mitigation measures have been incorporated into the project design to offset potential indirect impacts to VELB.

4.1.1.4. AVOIDANCE AND MINIMIZATION EFFORTS The proposed project cannot avoid effecting elderberry shrubs observed during the April 27 and July 19, 2011 surveys. However, the following measures will be implemented to minimize project affects to VELB:

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 20 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

 Prior to initiating construction, snow fence shall be installed along the Environmentally Sensitive Area (ESA) boundaries to prevent encroachment into the riparian areas adjacent to the construction site.

 A minimum 20-foot ESA setback from the dripline of all elderberry plants not requiring relocation shall be established prior to any ground disturbance or vegetation removal activities. A qualified biologist will be present during the installation of fencing.

 During the environmental awareness training, contractors will be briefed on the need to avoid damage to elderberry plants and the possible penalties for not complying with these requirements.

 During the construction period, all elderberry plants within 100 feet of construction limits will be rinsed with clean water once each week unless rainfall makes this unnecessary.

 During the construction period, a qualified biologist will periodically inspect the construction areas to ensure elderberry plants within project limits are not disturbed.

4.1.1.5. MODIFICATIONS TO THE PROJECT TO MITIGATE EFFECTS Implementation of the following mitigation measures will minimize and offset effects to VELB. These measures follow the USFWS 1999 guidelines and Table 4 outlines the relevant criteria.

 When feasible, all elderberry shrubs requiring removal shall be transplanted either onsite or a suitable offsite location.

 All elderberry shrubs eligible for removal shall be relocated/transplanted following the USFWS 1999 guidelines. All transplants shall occur between November and early February when elderberry shrubs are dormant. Table 4: USFWS Elderberry Mitigation Ratios Exit holes Location Stem 1 on shrub Elderberry Seedling Associated Native Y/N Ratio2 Plant Ratio3 N 1:1 1:1 Non-riparian Stem>=1”&=<3” Y 2:1 2:1 N 2:1 1:1 Non-riparian Stem>=3”&=<5” Y 4:1 2:1 N 3:1 1:1 Non-riparian Stem>=5” Y 6:1 2:1

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 21 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

N 2:1 1:1 Riparian Stem>=1”&=<3” Y 4:1 2:1 N 3:1 1:1 Riparian Stem>=3”&=<5” Y 6:1 2:1 N 4:1 1:1 Riparian Stem>=5” Y 8:1 2:1 1Maximum diameter at ground level 2Ratios in the Elderberry Seedling Ratio column correspond to the number of cuttings or seedlings to be planted per elderberry stem (one inch or greater in diameter at ground level) affected by a project. 3Ratios in the Associated Native Plant Ratio column correspond to the number of associated native species to be planted per elderberry (seedling or cutting) planted (USFWS 1999). Direct impacts to the elderberry shrubs identified in the 2011 surveys shall be mitigated as seen in Table 5. Should an individual plant be determined incapable of relocation/transplantation, mitigation ratios will be increased to offset the additional habitat loss:

Table 5: Elderberry Project Mitigation Amount Amount Elderberry Associated Amount Seedlings to be Native Plants to Affected stems planted be planted

Stem diameter 1"-3” 21 28 21

Stem diameter 3"-5” 3 7 3 Stem diameter > 5” 2 10 3 Total 26 45 27

4.1.1.6. CUMULATIVE EFFECTS When considering cumulative effects to federally listed species, section 7 of the Federal Endangered Species Act considers cumulative effects to include the effects of future State, tribal, local, or private actions that are reasonably certain to occur in the area considered in this BA. Future federal actions that are unrelated to the proposed action are not considered in this section, because they require separate consultation pursuant to section 7 of the Act.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 22 Chapter 4 Results: Biological Resources, Discussion of Impacts and Mitigation

Among the cumulative effects to VELB within and/or adjacent to the action area are habitat loss derived from development, urbanization and levee maintenance. Incremental loss of riparian habitat removes communities supporting elderberry plants and therefore, reduces the habitat available to VELB. The proposed project action will directly affect elderberry shrubs growing in association with bridge piers; however implementation of the measures provided within this BA will ensure adverse effects to VELB are avoided. Therefore no cumulative effects to VELB are anticipated as a result of the proposed project.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 23 Chapter 5 Conclusions and Determination

Chapter 5. Conclusions and Determination

5.1. Conclusions

In 2006 discussions regarding the potential delisting of VELB occurred; however, to date no final determination has been made. Therefore, until a final determination has been made, all potential impacts to VELB will be reported to USFWS. The project will directly affect 12 elderberry shrubs and has the potential to indirectly affect 13 elderberry shrubs, an obligate host species to the VELB, with stems ranging from 1” to >5” measured at ground level. Stem surveys determined VELB was not recently present within the area, with only a single shrub exhibiting signs of past emergence holes in its dead branches. The project has plans to transplant where practicable. However, should individual shrubs not be transplanted, mitigation ratios will be increased to offset the additional habitat loss.

Measures incorporated into the project from the USFWS 1999 guidelines, the recommendations resulting from consultation with USFWS and the promised planting of 45 elderberry cuttings/seedlings and 27 associated riparian species plant cuttings/seedlings will offset the habitat loss and potential effects to VELB. To fulfill the planting obligations, 9 VELB credits equaling 5 elderberry cuttings/seedlings and 5 associated riparian species plant cuttings/seedlings per credit will be purchased off site at River Ranch Conservation Bank, a USFWS-approved VELB mitigation bank. The credits will be purchased when they become available or alternately, payments will be made to the USFWS in lieu fee program.

5.2. Determination

As the proposed project cannot avoid impacting elderberry shrubs but is not likely to directly impact the VELB species, the project may affect and is not likely to adversely affect VELB. The City will purchase 9 mitigation credits at River Ranch Conservation Bank, a USFWS approved mitigation bank, to offset total affects to the elderberry shrubs in accordance to the USFWS 1999 guidelines. Alternatively payments may be made to the USFWS in lieu fee program.

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 24 Chapter 6 References

Chapter 6. References

Barr, C. 1991. The Distribution, Habitat, and Status of the Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus). Sacramento, CA; available at: (Accessed 7/24/10).

Cal-IPC. 2006. California Invasive Plant Council, Berkeley, CA; available at: (Accessed 6/24/2011).

Draft 5th Street Bridge Replacement Project Natural Environment Study Report. 2011. Prepared for the City of Yuba City.

USFWS. 2011. Valley Elderberry Longhorn Beetle Critical Habitat. Federal Register 45:52803; Google Maps, Sacramento, CA; available at (Accessed 7/1/11).

USFWS. 2006. Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) 5- Year Review: Summary and Evaluation. Sacramento, CA; available at: (Accessed 7/24/10).

USFWS. 1984. Valley Elderberry Longhorn Beetle Recovery Plan. USFWS, Portland, Oregon.

USFWS. 1999. Conservation Guidelines for the Valley Elderberry Longhorn Beetle. Sacramento, CA; available at: (Accessed 7/24/10).

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 25 Appendix A

Appendix A Representative Elderberry Photographs

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011

Photograph 1. Elderberry in association with bridge pier and river.

Photograph 2. Elderberry shrubs spanning gap between existing 5th Street Bridge and Railroad structures.

Photograph 3. Representative potential exit holes within elderberry shrub specimen (shrub ID # 16); containing branch is dead.

Photograph 4. Representative old exit holes within elderberry shrub specimen (shrub ID # 16); containing branch is dead.

Photograph 5. Mature elderberry shrub specimen (Shrub ID # 16) containing old emergence holes.

Appendix B

Appendix B USFWS Species List

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011 Sacramento Fish & Wildlife Office Species List Page 1 of 1

United States Department of the Interior FISH AND WILDLIFE SERVICE Sacramento Fish and Wildlife Office 2800 Cottage Way, Room W-2605 Sacramento, California 95825

April 11, 2011

Document Number: 110411054901

Angela Scudiere Dokken Engineering 2365 Iron Point Road Suite 200 Folsom, CA 95630

Subject: Species List for 5th Street Bridge

Dear: Ms. Scudiere

We are sending this official species list in response to your April 11, 2011 request for information about endangered and threatened species. The list covers the California counties and/or U.S. Geological Survey 7½ minute quad or quads you requested.

Our database was developed primarily to assist Federal agencies that are consulting with us. Therefore, our lists include all of the sensitive species that have been found in a certain area and also ones that may be affected by projects in the area. For example, a fish may be on the list for a quad if it lives somewhere downstream from that quad. Birds are included even if they only migrate through an area. In other words, we include all of the species we want people to consider when they do something that affects the environment.

Please read Important Information About Your Species List (below). It explains how we made the list and describes your responsibilities under the Endangered Species Act.

Our database is constantly updated as species are proposed, listed and delisted. If you address proposed and candidate species in your planning, this should not be a problem. However, we recommend that you get an updated list every 90 days. That would be July 10, 2011.

Please contact us if your project may affect endangered or threatened species or if you have any questions about the attached list or your responsibilities under the Endangered Species Act. A list of Endangered Species Program contacts can be found at www.fws.gov/sacramento/es/branches.htm.

Endangered Species Division

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U.S. Fish & Wildlife Service Sacramento Fish & Wildlife Office Federal Endangered and Threatened Species that Occur in or may be Affected by Projects in the Counties and/or U.S.G.S. 7 1/2 Minute Quads you requested Document Number: 110411054901 Database Last Updated: April 29, 2010

Quad Lists Listed Species Invertebrates Branchinecta conservatio Conservancy fairy shrimp (E) Branchinecta lynchi Critical habitat, vernal pool fairy shrimp (X) vernal pool fairy shrimp (T) Desmocerus californicus dimorphus valley elderberry longhorn beetle (T) Lepidurus packardi Critical habitat, vernal pool tadpole shrimp (X) vernal pool tadpole shrimp (E) Fish Acipenser medirostris green sturgeon (T) (NMFS) Hypomesus transpacificus delta smelt (T) Oncorhynchus mykiss Central Valley steelhead (T) (NMFS) Critical habitat, Central Valley steelhead (X) (NMFS) Oncorhynchus tshawytscha Central Valley spring-run chinook salmon (T) (NMFS) Critical Habitat, Central Valley spring-run chinook (X) (NMFS) winter-run chinook salmon, Sacramento River (E) (NMFS) Amphibians Ambystoma californiense California tiger salamander, central population (T) Rana draytonii California red-legged frog (T) Reptiles Thamnophis gigas giant garter snake (T) Candidate Species Birds

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Coccyzus americanus occidentalis Western yellow-billed cuckoo (C) Quads Containing Listed, Proposed or Candidate Species: BROWNS VALLEY (543B) WHEATLAND (543C) YUBA CITY (544A) SUTTER (544B) GILSIZER SLOUGH (544C) OLIVEHURST (544D)

County Lists No county species lists requested. Key:

(E) Endangered - Listed as being in danger of extinction. (T) Threatened - Listed as likely to become endangered within the foreseeable future.

(P) Proposed - Officially proposed in the Federal Register for listing as endangered or threatened. (NMFS) Species under the Jurisdiction of the National Oceanic & Atmospheric Administration Fisheries Service. Consult with them directly about these species. Critical Habitat - Area essential to the conservation of a species.

(PX) Proposed Critical Habitat - The species is already listed. Critical habitat is being proposed for it. (C) Candidate - Candidate to become a proposed species.

(V) Vacated by a court order. Not currently in effect. Being reviewed by the Service. (X) Critical Habitat designated for this species

Important Information About Your Species List How We Make Species Lists We store information about endangered and threatened species lists by U.S. Geological Survey 7½ minute quads. The United States is divided into these quads, which are about the size of San Francisco.

The on your species list are ones that occur within, or may be affected by projects within, the quads covered by the list.

 Fish and other aquatic species appear on your list if they are in the same watershed as your quad or if water use in your quad might affect them.

 Amphibians will be on the list for a quad or county if pesticides applied in that area may be carried to their habitat by air currents.

 Birds are shown regardless of whether they are resident or migratory. Relevant birds on the county list should be considered regardless of whether they appear on a quad list.

Plants Any plants on your list are ones that have actually been observed in the area covered by the list. Plants may exist in an area without ever having been detected there. You can find out what's in the surrounding quads through the California Native Plant Society's online Inventory of Rare and Endangered Plants.

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Surveying Some of the species on your list may not be affected by your project. A trained biologist and/or botanist, familiar with the habitat requirements of the species on your list, should determine whether they or habitats suitable for them may be affected by your project. We recommend that your surveys include any proposed and candidate species on your list. See our Protocol and Recovery Permits pages. For plant surveys, we recommend using the Guidelines for Conducting and Reporting Botanical Inventories. The results of your surveys should be published in any environmental documents prepared for your project.

Your Responsibilities Under the Endangered Species Act All animals identified as listed above are fully protected under the Endangered Species Act of 1973, as amended. Section 9 of the Act and its implementing regulations prohibit the take of a federally listed wildlife species. Take is defined by the Act as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect" any such animal. Take may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or shelter (50 CFR §17.3).

Take incidental to an otherwise lawful activity may be authorized by one of two procedures:

 If a Federal agency is involved with the permitting, funding, or carrying out of a project that may result in take, then that agency must engage in a formal consultation with the Service. During formal consultation, the Federal agency, the applicant and the Service work together to avoid or minimize the impact on listed species and their habitat. Such consultation would result in a biological opinion by the Service addressing the anticipated effect of the project on listed and proposed species. The opinion may authorize a limited level of incidental take.

 If no Federal agency is involved with the project, and federally listed species may be taken as part of the project, then you, the applicant, should apply for an incidental take permit. The Service may issue such a permit if you submit a satisfactory conservation plan for the species that would be affected by your project. Should your survey determine that federally listed or proposed species occur in the area and are likely to be affected by the project, we recommend that you work with this office and the California Department of Fish and Game to develop a plan that minimizes the project's direct and indirect impacts to listed species and compensates for project-related loss of habitat. You should include the plan in any environmental documents you file.

Critical Habitat When a species is listed as endangered or threatened, areas of habitat considered essential to its conservation may be designated as critical habitat. These areas may require special management considerations or protection. They provide needed space for growth and normal behavior; food, water, air, light, other nutritional or physiological requirements; cover or shelter; and sites for breeding, reproduction, rearing of offspring, germination or seed dispersal. Although critical habitat may be designated on private or State lands, activities on these lands are not restricted unless there is Federal involvement in the activities or direct harm to listed wildlife. If any species has proposed or designated critical habitat within a quad, there will be a separate line for this on the species list. Boundary descriptions of the critical habitat may be

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found in the Federal Register. The information is also reprinted in the Code of Federal Regulations (50 CFR 17.95). See our Map Room page.

Candidate Species We recommend that you address impacts to candidate species. We put plants and animals on our candidate list when we have enough scientific information to eventually propose them for listing as threatened or endangered. By considering these species early in your planning process you may be able to avoid the problems that could develop if one of these candidates was listed before the end of your project.

Species of Concern The Sacramento Fish & Wildlife Office no longer maintains a list of species of concern. However, various other agencies and organizations maintain lists of at-risk species. These lists provide essential information for land management planning and conservation efforts. More info

Wetlands If your project will impact wetlands, riparian habitat, or other jurisdictional waters as defined by section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act, you will need to obtain a permit from the U.S. Army Corps of Engineers. Impacts to wetland habitats require site specific mitigation and monitoring. For questions regarding wetlands, please contact Mark Littlefield of this office at (916) 414-6520.

Updates Our database is constantly updated as species are proposed, listed and delisted. If you address proposed and candidate species in your planning, this should not be a problem. However, we recommend that you get an updated list every 90 days. That would be July 10, 2011.

http://www.fws.gov/sacramento/es/spp_lists/auto_list.cfm 4/11/2011 Appendix C

Appendix C VELB Federal Register

5th Street Bridge Replacement Project BA BHLS-5163(025) 2011

Federal Register / Vol. 45, MO. 155 ] Friday, Auguot 4 ldMI } Rules and Regulations 52Bo3

dimorphus, this subspecies was referred to as the “California elderberry longhorn beetle.” Since this name would more appropriately apply to the nominate coastal subspecies, Desmocerus califomicus califomicus. the Service intends to use the common name “valley elderberry longhorn beetle” for the subspecies Desmocerus califomicus dimorphus. On August lo,1974 the Service published a proposed rulemaking in the Federal Register (43 FR 35638d3) advising that sufficient evidence was on file to support a determination that the valley elderberry longhorn beetle was a Threatened species pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). That proposal summarized the factors thctight to be contributing to the likelihood that this species could become Endangered within the foreseeable future, specified the prohibitions which would be applicable if such a determination were made, and solicited comments, suggestiona. objections, and factual -- .-- -._ -**a- information from any interested person. Section 4(b)(l)(A) of the Act requires DEPAWTMEMTbf THE INTEL that the Governor of each State or Territory within which a resident Fish and WildlIfe Be- species of wildlife is known to occur be 50 CFR Part 17 notified and be provided 90 days to comment before any such species is usting the vatley urkrbeny Lonohom determined to be a Threatened species Beetle as a Threatened Bpecies with or an Endangered species. A letter was criticd Habiiat sent to the Governor of California on August 141978, notifying him of the AOENCY: Fish and Wildlife Service, Interior. proposed rulemaking for the valley elderberry longhorn beetle. On August ACTION Final rule. 14,1978, a memorandum was sent to SUMMARY: The Service determines the other interested parties notifying them valley elderbeny longhorn beetle of the proposal and soliciting their (Desmocerus califomicus dimorphus] to comments and suggestions. On May 2, be a Threatened species. This action ia 1980, the Service published a proposed being taken because alteration of this rule in the Federal Register (45 FR species’ riverside habitat has reduced 29373-75) reproposing Critical Habitat the known populations of the beetle to a for the valley elderberry longhorn few areas in the California central beetle, to comply with the 1978 valley. Critical Habitat in California is Endangered Species Act amendments. A included with this final rule. The rule letter notifying the Governor of will provide protection to wild California of this action, and letters to populations of this species. other interested parties were sent on DATE This rule becomes effective on March 3X1980. A public meeting and a September 15.1980. public hearing on the reproposal of FOR FURlWER INFORMA7lON CONTACI: Critical Habitat for the valley elderberry Mr.‘John L. Spinks, Jr., Chief, Office of longhorn were held at Davis, California Endangered Species, U.S. Fish and on May 22 and June 12,1980, Wildlife Service, Washington, D.C. respectively. 20240(703~235-2771). Official comment was received from SUPPLEUEWTARYINFORMATION: the Governor of California, Sacramento Background County, Solano County, and the U.S. Water and Power Resources Service In prior Service correspondence, and [formerly the US. Bureau of in Federal Regirrter documents pertaining to Desmocerus califomicus Reclamation). 52804 Federal Register 1 Vol. 45, No. 155 / Friday, August 8, 1980 / Rules and Regulations

Summary of Comments and subspecies Desmocerus californicus Sambucus host of the beetle exists, the Recommendations californicus. Mr. Wallace Brazelton Service considers that one or more Section 4(b)(l)(C) of the Act requires objected to Critical Habitat designation species of the Sambucus may be that a summary of all comments and for the beetle, because the beetle was suitable hosts. With respect to Mr. recommendations received be published not “* * l important to the general Brazelton’s comments, the Endangered in the Federal Register prior to adding welfare of Solano county or the Nation.” Species Act does not require that any species to the list of Endangered Mr. Brazelton also objected to the economic value for a species be and Threatened Wildlife and Plants. locality of the public meeting and established in order for it to be listed. In the August 10,1978, proposal (43 FR hearing on the beetle, and felt that The Service has complied with the 3563643) to list the valley elderberry insufficient time had been allowed for regulations concerning location of the longhorn beetle as a Threatened species, review of the proposal. Mrs. Amza public meeting and hearing and Petersen and Mrs. Claire Davis opposed provision of comment periods. !hp May 2,1980, proposal of Critical listing and Critical Habitat designation Habitat (45 FR 29373-75), and the Regarding Mrs. Davis’ comments, the respective press releases, all interested for the beetle, Mrs. Davis suggested that Service has no indication that the the beetle be transplanted to the Suisun Suisan Game Refuge would serve as an parties were invited to submit factual Game Refuge. Dr. John Chemsak, an reports or information which might appropriate habitat to transfer the entomologist at the University of to. In response to Mr. Stohr’s contribute to the formulation of a final California at Berkeley, supported the rulemaking. comments, the definition of Critical proposal. Mr. Philip A. Stohr, an Habitat is based primarily on biologiLal All comments received from August attorney representing a landowner 10, to November 7, 1978, regarding the information, although economic impacts within the Critical Habitat. objected to are considered in its delineation. The proposal to list the valley elderberry Critical Habitat designation on land longhorn beetle as Threatened were Service knows of no specific Federal owned by his client. Mr. Stohr involvement which would presently considered. Comments regarding the contended that such designation . reproposal of Critical Habitat received affect the landowner’s activities in the threatened economic damage to the area. Future Federal involvement will from May 2, to June 30,1980, were property, and that Critical Habitat considered. Additional opportunity for not be prohibited in the Critical Habitat. designation would be academic, and to Federal agencies will be required to public comment was provided by the no purpose, if Federal activities were May 22.1980. public meeting and the consider the impacts of their actions, not involved in the area. Mr. Stohr also should such actions appear likely to June l&1980, public hearing. objected to the Critical Habitat In response to the August 10,1978, jeopardize the continued existence of designation on the grounds that the this species, or to destroy or adversely proposal, four comments were received. beetle occurs in sites other than those The Commissioner of Reclamation modify the Critical Habitat. If Federal proposed as Critical Habitat, and involvement is likely to result in stated that the beetle should not be suggested that the beetle was already listed because exhaustive distributional jeopardy to the species, the Secretary protected by State law through the would be required to suggest reasonable data were not available. The Director of California Environmental Quality Act the California Department of Fish and and prudent alternatives that would and the California Subdivision Map Act. avoid the conflict. Critical Habitat need Game suggested that additional field At the June 12,1980, public hearing data be obtained before listing the not include all the areas where the two statements relating to the beetle species is known to occur. The Service beetle. Dr. John Chemsak, an were made. Mr. Stohr presented entomologist at the University of realizes California law requires certain statements similar to those already environmental considerations to be California at Berkeley, stated that the discussed above under responses to the valley elderberry longhorn beetle had taken into account when land use reproposal. Mr. John Anderson, of the planning occurs, but believes that always been rare and restricted in Sacramento Audubon Society, distribution, and supported Critical Federal listing may increase the supported the listing proposal and consideration given the species by the Habitat designation. Dr. Robert Pyle, designation of Critical Habitat. representing the Survival Service State of California, because attention Commission of the International Union Conclusion will be drawn to a little-known, but for Conservation of Nature and Natural The Services recognizes the fact that unique, biological attribute of the Resources, supported the proposal. additional populations of the valley environment which might otherwise be In response to the May 2,19m, elderberry longhorn beetle may be overlooked. reproposal of Critical Habitat for the located, but does not believe that the After a thorough review and valley elderberry longhorn beetle, seven beetle will ever be found to occupy all consideration of all the information comments were received. Mr. Douglas areas where the host plant. Sambucus, available, the Director has determined Peterson, Environmental Analyst for the occurs. Although exhaustive that the valley elderberry longhorn Sacramento County Planning distributional studies would contribute beetle is likely to become endangered Department, supported the proposal and additional data to the knowledge of the throughout all of its range. Two of the suggested that the host plant elderberry beetle, the Endangered Species Act five factors described in Section 4(a) of was Sambucus mexicana caerulea, not requires that the Service make decisions the Act, and affecting the beetle, were Sambucus glauca. Dr. Arthur Shapiro of based on the best available data. There outlined in the August 10,1978, proposal the Department of Zoology of the is no evidence that additional studies (43 FR 35636-43) to list this beetle as University of California at Davis would yield a different distributional Threatened. The five criteria as supported the proposal, pointed out that pattern. Regarding Dr. Shapiro’s described in that proposal are: the of Sambucus was comments, the Service has changed the 1. The present or threatened confused, and suggested that common name of the beetle to the destruction, modification, or curtailment Desmocerus californicus dimorphus be “valley elderbeny longhorn beetle” to of its habitat or range. The valley called the “Sacramento Valley better reflect the distribution of this elderberry longhorn beetle originally elderberry longhorn beetle” to subspecies. Since confusion on the occurred in elderberry thickets in moist disinguish it from the coastal specific and subspecific identity of the valley oak woodland along the margins Federal Register / Vol. 45, No. 155 / Friday, August 8, 1980 / Rules and Regulations 52805 of the Sacramento and San Joaquin the valley elderberry longhorn beetle. on the commitment of resourcesas described Rivers in the Central Valley of These elements are described below in in subsection (d). California. The beetle is presently the description of Critical Habitat for Provisions for Interagency known from less than 10 localities in this species. Cooperation were published in the Merced, Sacramento, and Yolo Counties. Section 4(b)(4) of the Act requires the Federal Register on January 4.1978 (43 The habitat of this has now Service to consider economic and other FR 870-876), and codified at 50 CFR Part largely disappeared throughout much of impacts of specifying a particular area 402. These regulations are intended to its former range due to agricultural as Critical Habitat. The Service has assist Federal agencies in complying conversion, levee construction, and prepared an impact analysis which has with Section 7 of the Act. The rule now stream channelization. Today, remnant been used as the basis for a decision being issued will require Federal populations are found in the few that economic and other impacts of this agencies to satisfy these statutory and remaining natural woodlands and in action are insignificant for the regulatory obligations with respect to some State and county parks. However, foreseeable future. the valley elderberry longhorn beetle. in parks the clearing of undergrowth Effect of tbe Rulemaking These agencies will be required not only (including elderberry) and planting of to insure that actions authorized, lawns has resulted in further habitat All prohibitions of 50 CFR 17.31 pertaining to threatened wildlife will funded, or carried out by them are not degradation. likely to jeopardize the continued 2. Overutilization for commercial, apply to the valley elderberry longhorn sporting, scientific, or educational beetle. These prohibitions, in part, make existence of this species, but also to purposes. Not applicable to this species. it illegal for any person subject to the insure that their actions do not result in 3. Disease or predation. This factor is jurisdiction of the United States to take, the destruction or adverse modifice:ion not known to affect the present status of import, or export, ship in interstate of the habitat that has been determined this species. commerce in the course of a commercial by the Secretary to be critical. 4. The inadequacy of existing activity, or sell or offer for sale in ’ Section 4(f)(4) of the Act requires, to regulatory mechanisms. There currently interstate or foreign commerce this the maximum extent practicable, that exist no State or Federal laws protecting species. It also will be illegal to possess, any final regulation specifiying Critical this species or its habitat. sell, deliver, carry, transport or ship any Habitat be accompanied by a brief 5. Other natural or manmade factors specimens illegally taken. Certain description and evaluation of those affecting its continued existence. None. exceptions will apply to agents of the activities which, in the opinion of the Critical Habitat Service and State conservation Director, may adversely modify such agencies. Permits for specified purposes habitat if undertaken, or may be Subsection 4(a)(l) of the Act states in will be available in accordance with 50 impacted by such designation. Such pertinent part: CFR 17.32. activities are identified below for the At the time any such regulation [to Section 7(a) of the Act provides: valley elderberry longhorn beetle. determine a speciesto be Endangeredor Federal Agency Actions and (1) Modification of riparian habitats Threatened] is proposed,the Secretaryshall Consultations-(l) The Secretaryshall by river channelization. by regulation, to the maximum extent review other programs administered by him prudent, specify any habitat of such species and utilize such programsin furtherance of (2) Construction of buildings, roads, which is then consideredto be Critical the purposes of this Act. All other Federal bridges, or parking lots, directly Habitat. agencies shall, in consultation with and with eliminating the beetle’s host plant, 50 CFR Part 424 defines Critical the assistanceof the Secretary,utilize their elderberry (Sumbucus sp.). Habitat as: authorities in furtherance of the purposes of (3) Human disturbance, such as this Act by carrying out programs fdr the vandalism or fire, resulting from [i] The specific areas within the conservationof endangered speciesand geographical area occupied by the species. at threatened species,listed pursuant to section increased recreational use, which the time it is listed in accordance with the 4 of this Act. adversely affects the beetle. Act, on which are found those physical or (2) Each Federal agency shall, in No present Federal involvement in the biological features (I) essential to the consultation with and with the assistanceof above activities is known. In 1978, an conservation of the species and [II) which the Secretary,insure that any action informal consultation between the U.S. may require special management authorized, fimded, or carried out by such considerations or protection: and agency [hereinafter in this section referred to Coast Guard and the U.S. Fish and (ii) Specific areas outside the geographical as an “agency action”) is not likely to Wildlife Service was carried out; no area occupied by the speciesat the time it is jeopardize the continued existence of any conflict was found with a proposed plan listed upon a determination by the Secretary endangered species or threatened species or to build a pedestrian bridge over the that such areas are essential for the result in the destruction or adverse American River. Further recreational conservation of the species. modification of habitat of such species which development in the American Parkway is determined by the Secretary. after The Service has concluded that two Zone is not expected to involve Federal consultation as appropriate with affected agencies, and the Sacramento areas in Sacramento Country, California States,to be critical, unlesssuch agencyhas should be designated as Critical Habitat been granted an exemption of such action by Department of Parks and Recreation for the valley Gderberry longhorn the Committee pursuant to subsection(h) of intends to protect most of the riparian beetle. These areas include the densest this section. In fulfilling the requirements of areas remaining in the Parkway. Future known populations of the beetle. Due to this paragraph each agency shall use the best development in the Sacramento Zone of lack of information on the beetle from scientific and commercialdata available. the Critical Habitat could involve one of the areas proposed as Critical (3) Each Federal agency shall confer with Federal funding or permits such as Small the Secretaryon any agencyaction which is Business Administration loans and Habitat for the beetle in Solano County likely to jeopardize the continued existence (Putah Creek Zone), this area has not. of any species proposed to be listed under federally subsidized sewage collection, been designated as Critical Habitat. The section 4 or result in the destruction or according to the landowner’s attorney. designated Critical Habitat areas adverse modification of critical habitat However, no development proposals are available to provide an estimate of include the known biological constituent -.proposed to be. designated . for such species. elements essential to the conservation of This paragraph does not require a limitation future impact. 52806 Fade& Register / Vol. 45, No. 155 / Friday, August 8, 1980 / R&s and R&&ions

Effect Internationally within the meaning of Section 102(2)(C) The Service will review the status of of the National Environmental Policy the valley elderberry longhorn beetle to Act of 1989. determine whether it should be The Primary author of this rule is Dr. proposed to the Secretariat of the Michael M. Bentziea Office of Convention on International Trade in Endangered Species, U.S. Fish and Endangered Species of Wild Fauna and Wildlife-Service, Washington, D.C., Flora for placement upon the 20240 (703/Z%-1975). appropriate appendix to that Note.-The Department of the Interior haa Convention and whether it should be determined #at this is not a significant rule considered under the Convention on and does not require preparation of a Nature Protection and Wildlife regulatory analysisunder ExecutiveOrder preservation in the Western 12044 and 43 CFR Part 14. Hemisphere, or other appropriate Regulations promulgation international agreements. Accordingly, Subparts B and I of Part National Eavimnmental Policy Act 17 of Chapter I of Title 50 of the U.S. A final environmental assessment has Code of Federal Regulations is amended been prepared and is on file in the as follows: Service’s Office of Endangered Species. 0 17.11 [Amended] This assessment is the basis for a 1. Section 17.11 is amended by adding decision that this rule is not a major the valley elderberry longhorn beetle to Federal action that significantly affects the list, alphabetically, under “” the quality of the human environment as indicated below:

Beetle, val& eld&eq longfmm .-.. I.. U.S.A. NA 1 loo 517.85(i) NA (califania)

California Elderberry Longb0m Beetb . 0 17.95 [Amended1 (Sacramento Zone) Sacramento County, Calif. 2. Section 17.95(i) is amended by adding Critical Habitat for the valley elderberry longhorn beetle, alphabetically. as follows: Valley elderberry longhom.baatla [Desmocerus cahfornicus dimorphus) California. Sacramento County. (I) Sacramento Zone. An area in the city of Sacramento enclosed on the north by the Route 160 Freeway, on the west and southwest by the Western ’ Pacific railroad tracks, and op the east by Commerce Circle and its extension southward tqthe railroad tracks. Federal Register / Vol. 45, No. 155 I Friday, August 8, 1889 / Rub and Regulations 52807

(21 American River Parkway Zone. An area of the American River Parkway on the south bank of the American River, bounded on the north by latitude 30”37’30”N, on the west and southwest by Elmanto Drive from its junction with Ambassador Drive to its extension to Jatitute 38”37’30”N, and on the south and east by Ambassador Drive and its extension north to latitude 38’37’30”N. Goethe Park, and that portion of the American River Parkway northeast of Goethe Park, west of the Jedediah Smith Memorial Bicycle Trail, and north to a line extended eastward from Palm Drive. California Elderberry Longhorn Beetle (Ame~rtcan River and American River Parkway Zones) Sacramento County, CaEf.

Dated: July 31.1980. Robert B. Cook, Deputy Dimctor. Fish and Wildlife Service. [Flt Da. (10-23898 Filed ~7-8~ 6~4 am] ellJma COOE 4310-55-M